HB5028ham001 103RD GENERAL ASSEMBLY

Rep. Janet Yang Rohr

Filed: 4/1/2024

10300HB5028ham001 LRB103 39397 SPS 71324 a

AMENDMENT TO HOUSE BILL 5028

AMENDMENT NO. ______. Amend House Bill 5028 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-5 and by adding Section 405-545 as follows:

(20 ILCS 405/405-5) (was 20 ILCS 405/35.2)

Sec. 405-5. Definitions.

(a) In this Law:

"Department" means the Department of Central Management Services.

"Director" means the Director of Central Management Services.

(b) In paragraphs (1) and (2) of Section 405-10 and in Sections Section 405-15 and 405-545, "State agency", whether used in the singular or plural, means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.

(Source: P.A. 94-295, eff. 7-21-05.)

(20 ILCS 405/405-545 new)

Sec. 405-545. Opioid antagonists.

(a) As used in this Section, "opioid antagonist" has the meaning given to that term in Section 5-23 of the Substance Use Disorder Act

(b) A State agency may make opioid antagonists available at a location where its employees work if the State agency trains employees in the use and administration of the opioid antagonists.

(c) An employee of a State agency that uses and administrates opioid antagonists as described in this Section is exempt from civil liability under Section 69 of the Good Samaritan Act.

Section 10. The Good Samaritan Act is amended by adding Section 69 as follows:

(745 ILCS 49/69 new)

Sec. 69. Employees of State agencies; exemptions from civil liability for the administration of an opioid antagonist. Any employee of a State agency who in good faith administers an opioid antagonist, as defined in Section 5-23 of the Substance Use Disorder Act, in compliance with Section 405-545 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois shall not, as a result of her or his acts or omissions, except for willful or wanton misconduct on the part of the employee in administering the drug, be liable for civil damages.

Section 99. Effective date. This Act takes effect July 1, 2025.".