Illinois

Amends the Nursing Home Care Act. In provisions concerning required posting of information, provides that the posting of information is not required if staffing was at 90% staffing of the minimum staffing requirements or if a facility has corrected the minimum staffing requirements before the posting deadline.

Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately.

Amends the Biometric Information Privacy Act. Defines "biometric identifier" to include neural data. Defines "neural data" as information that is generated by the measurement of activity of an individual's central or peripheral nervous system, and that is not inferred from non-neural information.

Amends the Department of Human Services Act. Requires the Department of Human Services to establish a Community Grief and Violence Prevention Pilot Program to interrupt cycles of violence and address grief and trauma in the City of Chicago and Southland region. Specifies that, under the Pilot Program, funds shall be allocated to deploy Community Grief Response Teams, which shall provide immediate, on-site trauma support to families and neighborhoods within 24 hours of a violent incident; shall provide long-term case management and grief counseling to survivors; and shall facilitate restorative justice circles to resolve community conflicts before they escalate to violence. Amends the School Code. Provides that, beginning with the 2026-2027 school year, every public elementary school shall incorporate grief literacy and restorative justice practices and programs into its social-emotional learning standards. Requires the Board of Trustees of the Chicago Public Schools to expand the Parent University Program to include mandatory modules on violence prevention, trauma-informed care, and recognizing signs of grief. Amends the Higher Education Student Assistance Act. Requires the Illinois Student Assistance Commission to establish a grant program to support the recruitment and retention of mental health professionals in communities disproportionately impacted by violence. Requires the State of Illinois to formally recognizes the Master of Social Work (MSW) as a professional degree essential to public health and safety. Effective immediately.

Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Increases the exclusion amount from $4,000,000 to $12,060,000 for persons dying on or after January 1, 2027. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that beginning January 1, 2027, for a person who is a resident in a facility licensed under the ID/DD Community Care Act or the MC/DD Act for whom payments are made under the Article throughout a month and who is determined to be eligible for medical assistance, the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act so that the person's total monthly personal needs allowance from both State and federal sources equals $90. Provides that beginning January 1, 2028, the personal needs allowance described in the amendatory Act shall increase annually at the same rate as the Social Security cost-of-living adjustment to take effect on January 1 of each year.

Amends the Counties Code. Provides that, if Cook County is delinquent in distributing property tax proceeds to taxing districts the proceeds of property taxes imposed by the taxing districts that Cook County is required to collect from taxpayers and distribute to the taxing districts, then Cook County shall reimburse the taxing districts for (i) the interest that the taxing districts would have earned from keeping the proceeds of property taxes in reserves and (ii) the interest that taxing districts paid on debts incurred because Cook County is delinquent in distributing property tax proceeds to taxing districts.

Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that: (1) if the veteran has a service-connected disability of 30% or more but less than 50%, then the annual exemption is 30% of the assessed value of the property; (2) if the veteran has a service-connected disability of 50% or more but less than 70%, then the annual exemption is 50% of the assessed value of the property; and (3) if the veteran has a service-connected disability of 70% or more, then the property is exempt from taxation. Effective immediately.

Creates the Consumer Data Privacy Act. Sets forth provisions concerning agreements between personal data processors and controllers. Provides for consumer personal data rights, including the right to opt out of the processing of personal data concerning the consumer for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of automated decisions that produce legal effects. Sets forth provisions concerning the responsibilities of controllers; requirements for small businesses; and data privacy and protection assessments. Provides for civil penalties. Preempts home rule. Amends the Freedom of Information Act to make a conforming change. Effective January 1, 2027.

Amends the Landlord and Tenant Act. Provides that in any eviction proceeding in which the trier of fact determines that the tenant has complied with the terms of the last written and signed lease as to the amount and timeliness of rent payments, the proceedings shall be sealed.

Amends the Garden Act. Changes the short title of the Act from the Garden Act to the Vegetable Garden and Backyard Chicken Protection Act. Provides that a person shall have the right to keep backyard chickens on the property where the person resides. Provides that municipalities may establish reasonable regulations governing backyard chickens, including, but not limited to, setbacks, sanitation requirements, enclosure standards, nuisance control requirements, predator-proofing requirements, and limitations on the number of hens that may be kept. Provides that municipalities may require notice to adjacent property owners regarding backyard chickens, if the notice does not require or solicit any form of neighbor consent as defined in this Act. Provides that no municipality may condition the cultivation of vegetable gardens or the keeping of backyard chickens on neighbor consent. Provides that nothing in the Act shall be construed to limit the authority of homeowners' associations, condominium associations, or properties subject to restrictive covenants to regulate or prohibit vegetable gardens or backyard chickens pursuant to the terms of those governing documents. Provides that landlord consent may be required for tenants seeking to keep backyard chickens. Limits the concurrent exercise of home rule powers. Provides for enforcement of the Act's requirements.

Creates the Household Hazardous Waste Stewardship Act. Requires that manufacturers implement a stewardship plan, beginning January 1, 2028, and establishes related prohibitions. Requires a manufacturer to establish, fund, and implement a stewardship program individually or collectively as part of a stewardship organization, with certain funding requirements. Lists other manufacturer and stewardship organization obligations and requirements. Requires each manufacturer who sells covered products in the State to register with a stewardship organization by April 1, 2027, and annually thereafter, and subsequently also with the Environmental Protection Agency. Requires stewardship organizations to post certain information on a website by January 1, 2028. Prohibits a manufacturer from selling a covered product, beginning in program year 2028, unless the manufacturer is registered and operates a stewardship program or is part of a stewardship organization. Requires stewardship organizations to jointly prepare, no later than January 1, 2027, a household hazardous waste needs assessment. Prohibits a retailer from selling a covered product unless the manufacturer is identified as a participant in a stewardship organization with an approved stewardship plan. Requires collection sites to keep certain records and provide certain data. Lists requirements and procedures for stewardship plans. Lists collection convenience standard requirements. Requires each stewardship organization to jointly submit, by June 1, 2029, and annually thereafter, a report to the Agency. Requires a stewardship organization to pay an annual fee to the Agency and lists responsibilities of the Agency. Exempts activities under the Act from antitrust laws. Allows the Agency to adopt rules. Provides civil penalties for violations. Specifies that it is a Class 4 or Class 3 felony to make a fraudulent material statement to the Agency under the Act. Allows for collection of covered products using a premium collection service. Makes findings. Defines terms. Effective immediately.

Amends the Pharmacy Practice Act. Defines "large pharmacy chain" and "retail pharmacy". Provides that a large pharmacy chain operating in the State shall ensure that each of the large pharmacy chain's retail pharmacy locations maintains, at minimum, an inventory that is sufficient to cover the needs of existing patients for up to 14 days without needing to restock. Requires each retail pharmacy location to implement a predictive restocking practice to prevent or mitigate future inventory shortages. Provides that, if a patient attempts to fill a prescription that a retail pharmacy location does not have in stock, the retail pharmacy location shall provide timely mail-order fulfillment, up to and including overnight shipping, if necessary to provide a medication approved by the United States Food and Drug Administration in time to ensure no missed doses.

Amends the School Code. Requires, by no later than January 1, 2027, the State Board of Education, in consultation with water safety experts, to develop or adopt and make available to school districts a model program of instruction on water safety. Requires the State Board to provide to all public and nonpublic schools an informational notice regarding water safety developed by the Department of Public Health, and requires the school to distribute the notice to the parent or legal guardian of each student enrolled in the school. Includes website posting requirements by the State Board, school districts, and nonpublic schools regarding the informational notice. Sets forth liability exemptions. Makes conforming changes in the Department of Health Powers and Duties Law of the Civil Administrative Code of Illinois. Effective immediately.

Amends the Illinois Emergency Management Agency Act. Provides that the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) shall, in consultation with the Mutual Aid Box Alarm System (MABAS) and the Illinois Law Enforcement Alarm System (ILEAS), annually determine what funding is necessary for MABAS and ILEAS to sufficiently alleviate difficulties that emergency responders face in coordinating and providing personnel and equipment from participating agencies and units of local government when responding to all-hazard emergencies in this State and establish a formula for the distribution of that funding. Provides for a continuing appropriation of that funding, with reductions in the case of federal funding. Changes a definition. Effective immediately.

Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Provides that, beginning January 1, 2027, if an Illinois freestanding psychiatric hospital reopens a previously closed hospital facility within 4 calendar years of that hospital facility's closure, and the previously closed hospital facility qualified for fee-for-service supplemental payments, then the Illinois freestanding psychiatric hospital shall receive an annual payment equal to $200 per covered inpatient day contained in paid fee-for-service claims and $200 per paid fee-for-service outpatient claim for dates of service of the closed hospital facility in Calendar Year 2019 in the Department of Healthcare and Family Services' Enterprise Data Warehouse as of May 11, 2020. Provides that "closed hospital facility" includes hospitals that have been terminated from participation in the medical assistance program. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after January 1, 2027, the reimbursement rates for all orthodontic services for children shall be increased 50% above the rates in effect on December 31, 2026. Requires the Department of Healthcare and Family Services to do an evaluation of the network adequacy of Medicaid providers of orthodontic services statewide, and give priority consideration to rural/Downstate areas of the State. Effective January 1, 2027.

Creates the Standardized Protections for Residential Tenants Act. Prohibits a landlord, lessor, sub-lessor, or grantor from requiring a deposit or advance that exceeds the amount of one month's rent, unless the deposit or advance is for a seasonal use dwelling unit or unless the deposit or advance is for an owner-occupied cooperative apartment. Prohibits a landlord, lessor, sub-lessor, or grantor from charging an application fee that exceeds $20. Allows a fee for a background check or credit check of $20 or the actual cost, whichever is less. Exempts entrance fees charged licensed continuing care retirement communities, licensed assisted living providers, licensed adult care facilities, senior residential communities, or not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation, and meals to their residents. Prohibits any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within 5 days of the date it was due, and the payment, fee, or charge does not exceed $50 or 5% of the monthly rent, whichever is less; provided a cooperative housing corporation shall be permitted to charge a tenant or lessee that is a dwelling unit owner or shareholder of such cooperative housing corporation a fee of up to 8% of the monthly maintenance fee for the late payment of the monthly maintenance fee if the proprietary lease or occupancy agreement provides for such a fee. Voids any agreement by a lessee or tenant of a dwelling waiving or modifying the rights in the Act. Authorizes the Attorney General to enforce the Act and adopt rules to implement and administer the Act. Provides that a violation of the Act is a violation of the Consumer Fraud and Deceptive Practices Act. Preempts home rule.

Amends the Video Gaming Act. Replaces provisions concerning restrictions on advertising with language that provides that a licensee may advertise its video gaming operation through permanent physical signage, as long as the signage is securely affixed and not temporary or movable.

Amends the Open Meetings Act. Provides that an advisory body may conduct an open or closed meeting by audio or video conference without the physical presence of a quorum of its members if certain conditions are met. Defines "advisory body" and "decision-making body". Makes technical changes.

Amends the Freedom of Information Act. Changes the definition of "commercial purpose". Defines "purposeless mass request". Provides that a public body may designate a request as a purposeless mass request under specified conditions. Establishes procedures for notice, requester response, and a final determination concerning the request. Sets timelines for processing such requests and authorizes responses to them. Prohibits attorney's fees in actions where the public body reasonably determined a request was a purposeless mass request.

Amends the School Code. Provides that all mandated categorical programs under the Code and the School Breakfast and Lunch Program Act shall be funded at 100% of their required levels as calculated by the State Board of Education, without proration. Provides that, beginning with Fiscal Year 2027, the General Assembly shall appropriate funds for each fiscal year sufficient to fully reimburse school districts for all services and costs under mandated categorical programs, as required under the Code. Requires the State Board to annually provide to the General Assembly, no later than May 1 of each year, the appropriation levels needed to fully fund mandated categorical grant funding for the upcoming fiscal year. With respect to the evidence-based funding formula, provides that the State shall increase annual new State funds to ensure full funding of the formula beginning with Fiscal Year 2027. Requires the State Board to annually determine and report the amount necessary to bring all Tier 1 and Tier 2 organizational units to 100% of their adequacy targets, and requires the General Assembly to appropriate sufficient funds to meet this requirement no later than Fiscal Year 2027. Provides that no organizational unit may receive less than the amount determined under the formula in any fiscal year. Effective immediately.

Creates the Circuit Breaker Property Tax Relief Act. Provides that an individual: (i) who is domiciled in this State; (ii) who is eligible for and receives either the general homestead exemption or the general alternative homestead exemption; (iii) who has experienced property tax bill spikes; and (iv) who has an income that meets a specified income eligibility limitation is eligible for a grant of a portion of the person's property tax bill spike. Provides that the maximum amount of grant to which a claimant is entitled is 50% of the claimant's tax bill spike. Creates the Circuit Breaker Property Tax Relief Fund for the purpose of making grants to claimants. Amends the State Finance Act to make conforming changes. Effective immediately.

Amends the Counties Code. In provisions concerning the Home Rule County Use Tax Law, provides that, if a home rule county imposes a tax under the Home Rule County Use Tax Law, then the tax shall be collected by the Department of Revenue if the property is purchased at retail from a retailer in any county in this State other than the home rule county imposing the tax. Provides that the tax shall be remitted to the State or an exemption determination must be obtained from the Department before the title or certificate of registration for the property may be issued. Provides that the Department shall have full power to administer and enforce the Home Rule County Use Tax Law, to collect all taxes, penalties, and interest due under the Home Rule County Use Tax Law, to dispose of taxes, penalties, and interest collected under the Home Rule County Use Tax Law, and determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest. Provides that, if the Department determines that a refund shall be made under the Home Rule County Use Tax Law to a claimant instead of issuing a credit memorandum, then the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in the notification from the Department. Provides that, as soon as practicable, the Department shall pay over to the State Treasurer, ex officio, as trustee, for deposit into the Home Rule County Retailers' Occupation Tax Fund, all taxes, penalties, and interest collected under the Home Rule County Use Tax Law. Provides that a certified copy of an ordinance imposing or discontinuing the tax to be collected and enforced by the Department under the Home Rule County Use Tax Law shall be adopted and filed with the Department before the Department shall begin to collect the tax. Provides that the Department shall not begin collection and enforcement under the Home Rule County Use Tax Law before January 1, 2027. Provides that the home rule county that imposed the tax may collect a tax that the Department does not collect.

Amends the Illinois Pesticide Act. Provides that, beginning January 1, 2029, it is unlawful for any person to sell, offer for sale, use, or distribute within this State any corn, soybean, or wheat seed coated or treated with a pesticide containing neonicotinoids, unless a valid waiver is issued by the Department of Agriculture. Lists requirements for the waiver. Directs the Department of Agriculture to adopt rules and annually report to the General Assembly regarding the waivers. Provides for civil penalties for violations (but not other penalties under the Act). Directs the Department of Natural Resources and the Department of Agriculture, in consultation with the University of Illinois, to conduct a study regarding alternatives to the use of pesticides containing specified ingredients to be submitted on or before January 1, 2029.