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SB 3021

Illinois SenateIn Senate Committee

Summary

SB 3021, “ANESTHESIA SERVICES-NURSES”, was introduced in the Senate on Jan 29, 2026 by Sen. Adriane Johnson (D) with 1 co-sponsor. It was referred to Assignments, and last saw action on Apr 24, 2026: Rule 3-9(a) / Re-referred to Assignments.


Record

Text

SB 3021 has 1 co-sponsor.

sb3021/introduced.txt
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3021
Introduced 1/28/2026, by Sen. Adriane Johnson
SYNOPSIS AS INTRODUCED:
210 ILCS 5/6.5
210 ILCS 85/10.7
225 ILCS 60/54.5
225 ILCS 65/65-45 was 225 ILCS 65/15-25
Amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Removes the requirement that an anesthesiologist must remain physically present during the delivery of anesthesia services. Amends the Medical Practice Act of 1987. In provisions concerning delegation of authority, removes the requirement that an anesthesiologist or physician must remain physically present during the delivery of anesthesia services by a certified registered nurse anesthetist. Amends the Nurse Practice Act. Removes the requirement that an anesthesiologist, physician, dentist, or podiatric physician must remain physically present during the delivery of anesthesia services by a certified registered nurse anesthetist.
LRB104 17373 BAB 30798 b
A BILL FOR
SB3021 LRB104 17373 BAB 30798 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 6.5 as follows:
(210 ILCS 5/6.5)
Sec. 6.5. Clinical privileges; advanced practice
registered nurses. All ambulatory surgical treatment centers
(ASTC) licensed under this Act shall comply with the following
requirements:
(1) No ASTC policy, rule, regulation, or practice
shall be inconsistent with the provision of adequate
collaboration and consultation in accordance with Section
54.5 of the Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed
only by a physician licensed to practice medicine in all
its branches under the Medical Practice Act of 1987, a
dentist licensed under the Illinois Dental Practice Act,
or a podiatric physician licensed under the Podiatric
Medical Practice Act of 1987, with medical staff
membership and surgical clinical privileges granted by the
consulting committee of the ASTC. A licensed physician,
dentist, or podiatric physician may be assisted by a
SB3021 - 2 - LRB104 17373 BAB 30798 b
physician licensed to practice medicine in all its
branches, dentist, dental assistant, podiatric physician,
licensed advanced practice registered nurse, licensed
physician assistant, licensed registered nurse, licensed
practical nurse, surgical assistant, surgical technician,
or other individuals granted clinical privileges to assist
in surgery by the consulting committee of the ASTC.
Payment for services rendered by an assistant in surgery
who is not an ambulatory surgical treatment center
employee shall be paid at the appropriate non-physician
modifier rate if the payor would have made payment had the
same services been provided by a physician.
(2.5) A registered nurse licensed under the Nurse
Practice Act and qualified by training and experience in
operating room nursing shall be present in the operating
room and function as the circulating nurse during all
invasive or operative procedures. For purposes of this
paragraph (2.5), "circulating nurse" means a registered
nurse who is responsible for coordinating all nursing
care, patient safety needs, and the needs of the surgical
team in the operating room during an invasive or operative
procedure.
(3) An advanced practice registered nurse is not
required to possess prescriptive authority or a written
collaborative agreement meeting the requirements of the
Nurse Practice Act to provide advanced practice registered
SB3021 - 3 - LRB104 17373 BAB 30798 b
nursing services in an ambulatory surgical treatment
center. An advanced practice registered nurse must possess
clinical privileges granted by the consulting medical
staff committee and ambulatory surgical treatment center
in order to provide services. Individual advanced practice
registered nurses may also be granted clinical privileges
to order, select, and administer medications, including
controlled substances, to provide delineated care. The
attending physician must determine the advanced practice
registered nurse's role in providing care for his or her
patients, except as otherwise provided in the consulting
staff policies. The consulting medical staff committee
shall periodically review the services of advanced
practice registered nurses granted privileges.
(4) The anesthesia service shall be under the
direction of a physician licensed to practice medicine in
all its branches who has had specialized preparation or
experience in the area or who has completed a residency in
anesthesiology. An anesthesiologist, Board certified or
Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician
licensed to practice medicine in all its branches,
licensed dentist, or licensed podiatric physician.
(A) The individuals who, with clinical privileges
granted by the medical staff and ASTC, may administer
anesthesia services are limited to the following:
SB3021 - 4 - LRB104 17373 BAB 30798 b
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine
in all its branches; or
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois
Dental Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician licensed under the
Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement
with the anesthesia plan and shall [remain physically ]
[present and] be available [on the premises] during the
delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. In the absence of 24-hour availability of
anesthesiologists with clinical privileges, an
alternate policy (requiring participation[, presence,]
and availability of a physician licensed to practice
medicine in all its branches) shall be developed by
the medical staff consulting committee in consultation
with the anesthesia service and included in the
medical staff consulting committee policies.
(C) A certified registered nurse anesthetist is
not required to possess prescriptive authority or a
SB3021 - 5 - LRB104 17373 BAB 30798 b
written collaborative agreement meeting the
requirements of Section 65-35 of the Nurse Practice
Act to provide anesthesia services ordered by a
licensed physician, dentist, or podiatric physician.
Licensed certified registered nurse anesthetists are
authorized to select, order, and administer drugs and
apply the appropriate medical devices in the provision
of anesthesia services under the anesthesia plan
agreed with by the anesthesiologist or, in the absence
of an available anesthesiologist with clinical
privileges, agreed with by the operating physician,
operating dentist, or operating podiatric physician in
accordance with the medical staff consulting committee
policies of a licensed ambulatory surgical treatment
center.
(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
Section 10. The Hospital Licensing Act is amended by
changing Section 10.7 as follows:
(210 ILCS 85/10.7)
Sec. 10.7. Clinical privileges; advanced practice
registered nurses. All hospitals licensed under this Act
shall comply with the following requirements:
(1) No hospital policy, rule, regulation, or practice
shall be inconsistent with the provision of adequate
SB3021 - 6 - LRB104 17373 BAB 30798 b
collaboration and consultation in accordance with Section
54.5 of the Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed
only by a physician licensed to practice medicine in all
its branches under the Medical Practice Act of 1987, a
dentist licensed under the Illinois Dental Practice Act,
or a podiatric physician licensed under the Podiatric
Medical Practice Act of 1987, with medical staff
membership and surgical clinical privileges granted at the
hospital. A licensed physician, dentist, or podiatric
physician may be assisted by a physician licensed to
practice medicine in all its branches, dentist, dental
assistant, podiatric physician, licensed advanced practice
registered nurse, licensed physician assistant, licensed
registered nurse, licensed practical nurse, surgical
assistant, surgical technician, or other individuals
granted clinical privileges to assist in surgery at the
hospital. Payment for services rendered by an assistant in
surgery who is not a hospital employee shall be paid at the
appropriate non-physician modifier rate if the payor would
have made payment had the same services been provided by a
physician.
(2.5) A registered nurse licensed under the Nurse
Practice Act and qualified by training and experience in
operating room nursing shall be present in the operating
room and function as the circulating nurse during all
SB3021 - 7 - LRB104 17373 BAB 30798 b
invasive or operative procedures. For purposes of this
paragraph (2.5), "circulating nurse" means a registered
nurse who is responsible for coordinating all nursing
care, patient safety needs, and the needs of the surgical
team in the operating room during an invasive or operative
procedure.
(3) An advanced practice registered nurse is not
required to possess prescriptive authority or a written
collaborative agreement meeting the requirements of the
Nurse Practice Act to provide advanced practice registered
nursing services in a hospital. An advanced practice
registered nurse must possess clinical privileges
recommended by the medical staff and granted by the
hospital in order to provide services. Individual advanced
practice registered nurses may also be granted clinical
privileges to order, select, and administer medications,
including controlled substances, to provide delineated
care. The attending physician must determine the advanced
practice registered nurse's role in providing care for his
or her patients, except as otherwise provided in medical
staff bylaws. The medical staff shall periodically review
the services of advanced practice registered nurses
granted privileges. This review shall be conducted in
accordance with item (2) of subsection (a) of Section 10.8
of this Act for advanced practice registered nurses
employed by the hospital.
SB3021 - 8 - LRB104 17373 BAB 30798 b
(4) The anesthesia service shall be under the
direction of a physician licensed to practice medicine in
all its branches who has had specialized preparation or
experience in the area or who has completed a residency in
anesthesiology. An anesthesiologist, Board certified or
Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician
licensed to practice medicine in all its branches,
licensed dentist, or licensed podiatric physician.
(A) The individuals who, with clinical privileges
granted at the hospital, may administer anesthesia
services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine
in all its branches; or
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois
Dental Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician licensed under the
Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement
with the anesthesia plan and shall [remain physically ]
[present and] be available [on the premises] during the
SB3021 - 9 - LRB104 17373 BAB 30798 b
delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. In the absence of 24-hour availability of
anesthesiologists with medical staff privileges, an
alternate policy (requiring participation[, presence,]
and availability of a physician licensed to practice
medicine in all its branches) shall be developed by
the medical staff and licensed hospital in
consultation with the anesthesia service.
(C) A certified registered nurse anesthetist is
not required to possess prescriptive authority or a
written collaborative agreement meeting the
requirements of Section 65-35 of the Nurse Practice
Act to provide anesthesia services ordered by a
licensed physician, dentist, or podiatric physician.
Licensed certified registered nurse anesthetists are
authorized to select, order, and administer drugs and
apply the appropriate medical devices in the provision
of anesthesia services under the anesthesia plan
agreed with by the anesthesiologist or, in the absence
of an available anesthesiologist with clinical
privileges, agreed with by the operating physician,
operating dentist, or operating podiatric physician in
accordance with the hospital's alternative policy.
(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
SB3021 - 10 - LRB104 17373 BAB 30798 b
Section 15. The Medical Practice Act of 1987 is amended by
changing Section 54.5 as follows:
(225 ILCS 60/54.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice registered nurses without full
practice authority, and prescribing psychologists.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987.
A physician licensed to practice medicine in all its branches
may enter into collaborative agreements with no more than 7
full-time equivalent physician assistants, except in a
hospital, hospital affiliate, or ambulatory surgical treatment
center as set forth by Section 7.7 of the Physician Assistant
Practice Act of 1987 and as provided in subsection (a-5).
(a-5) A physician licensed to practice medicine in all its
branches may collaborate with more than 7 physician assistants
when the services are provided in a federal primary care
health professional shortage area with a Health Professional
Shortage Area score greater than or equal to 12, as determined
by the United States Department of Health and Human Services.
The collaborating physician must keep appropriate
documentation of meeting this exemption and make it available
SB3021 - 11 - LRB104 17373 BAB 30798 b
to the Department upon request.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice registered nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35
of the Nurse Practice Act. The written collaborative agreement
shall be for services for which the collaborating physician
can provide adequate collaboration. A written collaborative
agreement shall be adequate with respect to collaboration with
advanced practice registered nurses if all of the following
apply:
(1) The agreement is written to promote the exercise
of professional judgment by the advanced practice
registered nurse commensurate with his or her education
and experience.
(2) The advanced practice registered nurse provides
services based upon a written collaborative agreement with
the collaborating physician, except as set forth in
subsection (b-5) of this Section. With respect to labor
and delivery, the collaborating physician must provide
delivery services in order to participate with a certified
nurse midwife.
(3) Methods of communication are available with the
SB3021 - 12 - LRB104 17373 BAB 30798 b
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery
of anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is [physically present and]
available [on the premises] during the delivery of
anesthesia services for diagnosis, consultation, and
treatment of emergency medical conditions. Anesthesia
services in a hospital shall be conducted in accordance
with Section 10.7 of the Hospital Licensing Act and in an
ambulatory surgical treatment center in accordance with
Section 6.5 of the Ambulatory Surgical Treatment Center
SB3021 - 13 - LRB104 17373 BAB 30798 b
Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(c) The collaborating physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an advanced
practice registered nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice registered nurse solely on the basis of
having signed a supervision agreement or guidelines or a
collaborative agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline
authorizing a prescribing psychologist, physician assistant,
or advanced practice registered nurse to perform acts, unless
the physician has reason to believe the prescribing
psychologist, physician assistant, or advanced practice
registered nurse lacked the competency to perform the act or
acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
SB3021 - 14 - LRB104 17373 BAB 30798 b
the requirements of Section 65-40 of the Nurse Practice Act.
(g) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) (Blank).
(i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(j) As set forth in Section 22.2 of this Act, a licensee
under this Act may not directly or indirectly divide, share,
or split any professional fee or other form of compensation
for professional services with anyone in exchange for a
referral or otherwise, other than as provided in Section 22.2.
(Source: P.A. 103-228, eff. 1-1-24.)
Section 20. The Nurse Practice Act is amended by changing
Section 65-45 as follows:
(225 ILCS 65/65-45) (was 225 ILCS 65/15-25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-45. Advanced practice registered nursing in
hospitals, hospital affiliates, or ambulatory surgical
SB3021 - 15 - LRB104 17373 BAB 30798 b
treatment centers.
(a) An advanced practice registered nurse may provide
services in a hospital or a hospital affiliate as those terms
are defined in the Hospital Licensing Act or the University of
Illinois Hospital Act or a licensed ambulatory surgical
treatment center without a written collaborative agreement
pursuant to Section 65-35 of this Act. An advanced practice
registered nurse must possess clinical privileges recommended
by the hospital medical staff and granted by the hospital or
the consulting medical staff committee and ambulatory surgical
treatment center in order to provide services. The medical
staff or consulting medical staff committee shall periodically
review the services of all advanced practice registered nurses
granted clinical privileges, including any care provided in a
hospital affiliate. Authority may also be granted when
recommended by the hospital medical staff and granted by the
hospital or recommended by the consulting medical staff
committee and ambulatory surgical treatment center to
individual advanced practice registered nurses to select,
order, and administer medications, including controlled
substances, to provide delineated care. In a hospital,
hospital affiliate, or ambulatory surgical treatment center,
the attending physician shall determine an advanced practice
registered nurse's role in providing care for his or her
patients, except as otherwise provided in the medical staff
bylaws or consulting committee policies.
SB3021 - 16 - LRB104 17373 BAB 30798 b
(a-2) An advanced practice registered nurse privileged to
order medications, including controlled substances, may
complete discharge prescriptions provided the prescription is
in the name of the advanced practice registered nurse and the
attending or discharging physician.
(a-3) Advanced practice registered nurses practicing in a
hospital or an ambulatory surgical treatment center are not
required to obtain a mid-level controlled substance license to
order controlled substances under Section 303.05 of the
Illinois Controlled Substances Act.
(a-4) An advanced practice registered nurse meeting the
requirements of Section 65-43 may be privileged to complete
discharge orders and prescriptions under the advanced practice
registered nurse's name.
(a-5) For anesthesia services provided by a certified
registered nurse anesthetist, an anesthesiologist, physician,
dentist, or podiatric physician shall participate through
discussion of and agreement with the anesthesia plan and shall
remain [physically present and be] available [on the premises]
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical conditions,
unless hospital policy adopted pursuant to clause (B) of
subdivision (3) of Section 10.7 of the Hospital Licensing Act
or ambulatory surgical treatment center policy adopted
pursuant to clause (B) of subdivision (3) of Section 6.5 of the
Ambulatory Surgical Treatment Center Act provides otherwise. A
SB3021 - 17 - LRB104 17373 BAB 30798 b
certified registered nurse anesthetist may select, order, and
administer medication for anesthesia services under the
anesthesia plan agreed to by the anesthesiologist or the
physician, in accordance with hospital alternative policy or
the medical staff consulting committee policies of a licensed
ambulatory surgical treatment center.
(b) An advanced practice registered nurse who provides
services in a hospital shall do so in accordance with Section
10.7 of the Hospital Licensing Act and, in an ambulatory
surgical treatment center, in accordance with Section 6.5 of
the Ambulatory Surgical Treatment Center Act. Nothing in this
Act shall be construed to require an advanced practice
registered nurse to have a collaborative agreement to practice
in a hospital, hospital affiliate, or ambulatory surgical
treatment center.
(c) Advanced practice registered nurses certified as nurse
practitioners, nurse midwives, or clinical nurse specialists
practicing in a hospital affiliate may be, but are not
required to be, privileged to prescribe Schedule II through V
controlled substances when such authority is recommended by
the appropriate physician committee of the hospital affiliate
and granted by the hospital affiliate. This authority may, but
is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing over-the-counter medications,
legend drugs, medical gases, and controlled substances
SB3021 - 18 - LRB104 17373 BAB 30798 b
categorized as Schedule II through V controlled substances, as
defined in Article II of the Illinois Controlled Substances
Act, and other preparations, including, but not limited to,
botanical and herbal remedies.
To prescribe controlled substances under this subsection
(c), an advanced practice registered nurse certified as a
nurse practitioner, nurse midwife, or clinical nurse
specialist must obtain a controlled substance license.
Medication orders shall be reviewed periodically by the
appropriate hospital affiliate physicians committee or its
physician designee.
The hospital affiliate shall file with the Department
notice of a grant of prescriptive authority consistent with
this subsection (c) and termination of such a grant of
authority, in accordance with rules of the Department. Upon
receipt of this notice of grant of authority to prescribe any
Schedule II through V controlled substances, the licensed
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist may
register for a mid-level practitioner controlled substance
license under Section 303.05 of the Illinois Controlled
Substances Act.
In addition, a hospital affiliate may, but is not required
to, privilege an advanced practice registered nurse certified
as a nurse practitioner, nurse midwife, or clinical nurse
specialist to prescribe any Schedule II controlled substances,
SB3021 - 19 - LRB104 17373 BAB 30798 b
if all of the following conditions apply:
(1) specific Schedule II controlled substances by oral
dosage or topical or transdermal application may be
designated, provided that the designated Schedule II
controlled substances are routinely prescribed by advanced
practice registered nurses in their area of certification;
the privileging documents must identify the specific
Schedule II controlled substances by either brand name or
generic name; privileges to prescribe or dispense Schedule
II controlled substances to be delivered by injection or
other route of administration may not be granted;
(2) any privileges must be controlled substances
limited to the practice of the advanced practice
registered nurse;
(3) any prescription must be limited to no more than a
30-day supply;
(4) the advanced practice registered nurse must
discuss the condition of any patients for whom a
controlled substance is prescribed monthly with the
appropriate physician committee of the hospital affiliate
or its physician designee; and
(5) the advanced practice registered nurse must meet
the education requirements of Section 303.05 of the
Illinois Controlled Substances Act.
(d) An advanced practice registered nurse meeting the
requirements of Section 65-43 may be privileged to prescribe
SB3021 - 20 - LRB104 17373 BAB 30798 b
controlled substances categorized as Schedule II through V in
accordance with Section 65-43.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)

Amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Removes the requirement that an anesthesiologist must remain physically present during the delivery of anesthesia services. Amends the Medical Practice Act of 1987. In provisions concerning delegation of authority, removes the requirement that an anesthesiologist or physician must remain physically present during the delivery of anesthesia services by a certified registered nurse anesthetist. Amends the Nurse Practice Act. Removes the requirement that an anesthesiologist, physician, dentist, or podiatric physician must remain physically present during the delivery of anesthesia services by a certified registered nurse anesthetist.

Sponsors

Sen. Adriane Johnson (D) sponsors SB 3021, and 1 member has co-sponsored it.

Committees

SB 3021 went before 2 committees: Assignments and Licensed Activities.

Assignments
Assignments
Referred to · Jan 29, 2026
Licensed Activities
Licensed Activities
Referred to · Feb 10, 2026

History

SB 3021 has taken 8 actions since Jan 29, 2026, the latest on Apr 24, 2026.

ChamberAction
Apr 24, 2026
Senate
Rule 3-9(a) / Re-referred to Assignments
Mar 27, 2026
Senate
Rule 2-10 Committee Deadline Established As April 24, 2026
Mar 13, 2026
Senate
Rule 2-10 Committee Deadline Established As March 27, 2026
Feb 26, 2026
Senate
Added as Co-Sponsor Sen. Graciela Guzmán
Feb 10, 2026
Senate
Assigned to Licensed Activities

Votes

SB 3021 has not gone to a roll call.


Source: ilga.gov · legiscan.com