Illinois

Amends the Rivers, Lakes, and Streams Act. Provides that, for construction related to worst-case analysis flood events, the Department of Natural Resources shall (1) for levee improvements, provide notice of submissions, a detailed timeline, specific requirements, and any internal review procedures to the submitter within 90 days; (2) for rural construction along navigable waterways, permit a water surface profile increase of 0.5 feet; (3) for urban construction, permit a water surface profile increase of 0.1 feet; and (4) require a mitigation analysis only if water surface profile increases exceed an induced head study. Effective immediately.

Amends the Community Mental Health Act. Provides that the governing body of a community mental health board may from time to time fix, by ordinance, compensation for board members. Permits such compensation to be computed on a per diem basis, on an annual basis, or on a combined per diem and annual basis. Provides that until compensation is fixed by the governing board, members of the community mental health board shall serve without compensation. Provides that, after compensation is established, no change in the compensation of any member, or the basis therefore, shall take effect during the term of office for which such member has been appointed. Provides that compensation for board members shall be charged on the board and paid out of the Community Mental Health Fund. Prohibits a board member's spouse or immediate family member from receiving any compensation for the board member's service on the board.

Amends the Electric Supplier Act. In provisions concerning rights granted to electric cooperative broadband grant recipients, provides that, outside of the grant service area, a broadband provider may access and use (i) any existing electric easement held or controlled by the broadband provider or (ii) any other existing electric easement contingent upon an agreement with the easement holder or controller for the delivery of broadband service by the broadband provider. Provides that, if the proper permits are acquired by State and local authorities, no property owner of property located outside the grant service area shall forbid or prevent a proposed broadband provider from entering upon the property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the broadband provider from deploying upon, beneath, or over that property broadband infrastructure utilized by the broadband provider for such broadband service. Provides that the property owner may be entitled to the payment of just compensation by that broadband provider and the broadband provider shall indemnify the property owner for any physical damage caused by the deployment of the broadband infrastructure and service. Changes references in the Electrical Service Broadband Deployment and Access Law to include broadband providers.

Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2028 to provide coverage for medically necessary assistive technology devices. Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require coverage under the provisions of those Acts.

Amends the Illinois Highway Code. Provides that any applicant for a permit for an entrance or exit to a subdivision for affordable housing developments may request in writing from the Department of Transportation an expedited review of the application for a permit. Provides that an applicant requesting expedited review shall pay to the Department an expedited permit fee of $10,000, which shall be deposited into the Road Fund. Provides that if the Department fails to complete an expedited review within the period of time agreed upon by the Department and the applicant, the applicant shall be entitled to a refund of the expedited permit fee on a prorated basis. Provides that the provisions do not apply to applications related to emergency events necessitating immediate action by the Department on permit applications. Allows the Department to adopt rules to implement the provisions.

Amends the Illinois Power Agency Act. In provisions concerning the Planning and Procurement Bureau, provides that the Illinois Power Agency shall conduct an initial energy storage procurement that results in electric utilities that served more than 300,000 customers in the State as of January 1, 2019 contracting for at least 1,038 megawatts of cost-effective stand-alone energy storage systems, excluding hydrogen batteries, that can achieve commercial operation on or before December 31, 2029 or an alternative date proposed by the Agency that is no later than December 31, 2030. Amends the Counties Code. In provisions concerning energy storage systems, provides that a county may require an energy storage facility to comply with the version of NFPA 855 "Standard for the Installation of Stationary Energy Storage Systems", or, for hydrogen batteries, the version of NFPA 853 "Standard for the Installation of Stationary Fuel Cell Power Systems", in effect on a certain date. Provides that a facility owner's decommissioning plan may include all requirements for decommissioning plans in NFPA 855 or NFPA 853 for hydrogen batteries. Amends the Public Utilities Act. In provisions concerning net electricity metering, provides that each electricity provider shall modify its tariffs to allow net metering for an energy storage system, except for hydrogen batteries, or vehicle storage system energized after a certain date with a nameplate capacity of not more than 5,000 kilowatts. In provisions concerning distributed generation rebates, provides that an energy storage system, except for hydrogen batteries, whether or not paired with distributed generation, shall be separately compensated at a base payment of $300 per kilowatt-hour of nameplate capacity until the threshold date. Provides that, after the threshold date, a stand-alone energy storage system, except for hydrogen batteries, shall be compensated with a rebate of $250 per kilowatt-hour of nameplate capacity. In provisions concerning the resolution of disputes between facility owners and units of local government related to the siting of qualified energy facilities, provides that an energy storage system, except for hydrogen batteries, shall be in compliance with provisions of the Counties Code concerning energy storage systems. Makes other changes.

Amends the Children and Family Services Act. Removes all references and provisions requiring the Department of Children and Family Services to develop Error Reduction Implementation Plans. Instead requires the Department to develop Strengthening Best Practices Plans, as necessary, informed by principles of safety science, for the purpose of reducing child fatalities and serious harm. Provides that these plans shall (i) be guided by patterns, findings, and recommendations, as identified in the DCFS Office of the Inspector General (OIG) death or serious injury investigations and Child Death Review Teams recommendations; and (ii) address the systemic and organizational conditions that contribute to child fatalities and serious harm. Requires the Inspector General to submit proposed Strengthening Best Practices Plans to the Department's Director for review. Requires the plans to include compliance provisions, which specify methods for implementing, monitoring, and evaluating recommendations. Requires the OIG, in collaboration with the Department, to implement training and reform protocols through incubating change in each region, Department office, or Child Welfare Contributing Agency, as required. Requires the OIG to develop and submit new Strengthening Best Practices Plans, as necessary, and to work with staff designated by the Department to deliver training curriculum in order to implement each Strengthening Best Practices Plan. Provides that the OIG shall include a review of the implementation and evaluation of the plans from the previous fiscal year, as necessary, in the OIG Annual Report provided to the General Assembly and Governor.

Amends Illinois Wage Payment and Collection Act. Provides that, beginning January 1, 2027, an employer who collects gratuities through electronic means shall compile and submit a quarterly report to the Department of Labor containing specified information concerning the collection and distribution of electronic gratuities. Provides that, beginning January 1, 2027, an employer shall make available on the pay stub provided to any employee who receives gratuities collected through electronic means specified information concerning the collection and distribution of electronic gratuities. Effective January 1, 2027.

Creates the Liability Insurance for Day Care Providers Act. Provides that the Department of Insurance and the Department of Early Childhood, in consultation with community partners, shall conduct a survey that shall include, but not be limited to, specified subjects concerning the accessibility of liability insurance for day care providers. Requires the Department of Insurance and Department of Early Childhood to develop a finalized report of the survey and submit the findings of the report to the relevant community partners, the General Assembly, and the Governor no later than one year after the effective date of the Act. Effective immediately.

Amends the Illinois Vehicle Code. Provides that the $15 tax imposed on the privilege of using any motor vehicle acquired by gift, transfer, or purchase also applies to grandparents and grandchildren.

Amends the Counties Code and the Illinois Municipal Code. Provides that coroners are first-responders for the purposes of provisions requiring a county that is a self-insurer for purposes of providing health insurance coverage for its employees to include mental health counseling for any county employee who is a first responder without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided.

Amends the Illinois Municipal Code. Provides that, beginning January 1, 2027, each municipality shall, by ordinance, authorize the development of accessory dwelling units. Provides that each municipality shall permit accessory dwelling units in all zoning districts that permit single-family dwellings without additional requirements for lot size, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond those required for single-family dwelling units without an accessory dwelling unit. Provides that a municipality is not required to allow more than one accessory dwelling unit for any single-family dwelling. Provides that accessory dwelling units may be constructed at the same time as the principal dwelling unit. Provides that no municipality shall: (A) require additional automobile parking spaces for a property with an accessory dwelling unit beyond the requirements for a single-family dwelling unit without an accessory dwelling unit; (B) require the establishment of a familial relationship between the occupants of an accessory dwelling unit and the occupants of a principal dwelling unit; or (C) establish a minimum or maximum limit on (i) square footage of an accessory dwelling unit or (ii) the number of bedrooms of an accessory dwelling unit. Limits home rule powers.

Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device engaged in traffic control, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.

Amends the Illinois Insurance Code. Repeals provisions prohibiting short-term, limited-duration insurance and makes conforming changes. Amends the Health Maintenance Organization Act and the Limited Health Service Organization Act to make conforming changes. Reenacts the Short-Term, Limited-Duration Health Insurance Coverage Act.

Amends the Illinois Insurance Code. Provides that companies that issue medical liability insurance must evaluate premium rates based on the specific scope of practice of each insured physician who specializes in obstetric and gynecologic services (OB-GYN), considering whether the OB-GYN provides obstetric services, including childbirth, or limits the OB-GYN's practice to gynecologic services only. Requires companies that issue medical liability insurance to classify OB-GYNs who do not provide obstetric services as lower-risk providers for the purposes of determining premium rates. Requires the Department of Insurance to establish guidelines for companies that issue medical liability insurance to classify and adjust premiums based on the risk profiles of OB-GYNs.

Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. Provides that a widow's annuity shall be equal to 66 2/3%(instead of 50%) of the retirement annuity the deceased policeman or fireman was receiving at the time of death or 66 2/3% (instead of 50%) of the retirement annuity the policeman or fireman would have been eligible for if the policeman or fireman retired from service on the day before the policeman's or fireman's death. Amends the State Mandates Act to require implementation without reimbursement.

Amends the State Finance Act. Provides that, for construction contracts procured by the Department of Transportation, a requirement that a contract, a contract renewal, an order against a master contract, or an amendment to an existing contract requires the signature of the chief executive officer of the agency, the chief legal counsel of the agency, and the chief fiscal officer of the agency applies only if the contract is in the amount of $750,000 or more or is increased to or by $750,000 or more in a fiscal year. Provides that the Department of Transportation may, by rule, adjust that applicable monetary threshold on a yearly basis to reflect inflationary costs in highway construction. Effective immediately.

Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Creates the Disability Benefits Maximization Program. Provides that, within 6 months after the effective date of the amendatory Act, the Department of Central Management Services, in conjunction with the 5 State-funded retirement systems, shall enter into a contract with an administrator to establish and conduct a Disability Benefits Maximization Program to identify individuals eligible for but not enrolled in Medicare, and to assist those individuals with enrolling in Social Security and Medicare. Provides that the Disability Benefits Maximization Program shall conduct an annual audit of the State health benefits program for everyone covered under the State Employees Group Insurance Program, the Teachers' Retirement Insurance Program, and the College Insurance Program for the purpose of identifying participants and their dependents who are eligible for Medicare under federal law and shall also ensure that those annuitants, retirees, benefit recipients, survivors, and dependents who are eligible for Medicare are enrolled in Medicare with Medicare as their primary health care benefits coverage and the State health benefits program being the secondary provider of their health care benefits coverage. Provides that the Disability Benefits Maximization Program shall assist annuitants, retirees, benefit recipients, and their survivors and dependents who become disabled and are not enrolled in Social Security Disability Insurance and Medicare with enrolling in and obtaining Social Security Disability Insurance and Medicare benefits. Provides that the administrator of the Disability Benefits Maximization Program shall provide the Department, the 5 State-funded retirement systems, and the General Assembly with an annual report. Effective January 1, 2027.

Amends the Code of Civil Procedure. Provides that the prohibition on the recovery of punitive damages in a legal malpractice action includes damages sought as compensatory damages which were assessed against the legal malpractice plaintiff or failed to be obtained by the legal malpractice plaintiff.

Amends the School Code. Provides that, beginning with the 2026-2027 school year, the cursive writing instruction offered by public elementary schools must be offered to students in grades 3 through 5 (rather than requiring school districts to determine at what grade level or levels students are to be offered cursive writing, provided that such instruction must be offered before students complete grade 5).

Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an animal shelter licensed under the Act or an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that an animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, a court order, or an animal shelter in compliance with provisions concerning reporting of animals. Provides that a pet shop operator or dog dealer (rather than just a pet shop operator) may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, animal shelter, or professional breeder (rather than just an animal control facility or an animal shelter) located in-state or out-of-state, that is in compliance with provisions concerning animal control facilities and animal shelters supplying to pet shop operators and requirements of professional dog breeders. Removes provisions concerning the requirement that a pet shop operator shall keep a record of each dog or cat offered for sale. Sets forth requirements for professional dog breeders. Provides that the Department of Financial and Professional Regulation's obligations under certain amendatory provisions are subject to appropriation.

Amends the Juvenile Court Act of 1987. Provides that any minor 15 years of age or older arrested or taken into custody under the Act for aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.

Amends the Child Care Act of 1969. Provides that a licensed day care center may hire an individual who is in the process of completing the educational requirements set forth in administrative rules as an Interim Conditional Child Care Director for a period of 12 months. Requires the hired individual to provide documentation that shows that the individual is enrolled in courses that meet the requirements set forth in administrative rules. Provides that the individual shall be enrolled in an accredited college or university. Provides that during the 12-month employment period, an Interim Conditional Child Care Director with specified qualifications is exempt from the educational requirements set forth in administrative rules.

Amends the Illinois Municipal Code. Provides that, before the sale of a water system or sewer system owned by a municipality to a private entity, a referendum shall be submitted to the electors of the municipality. Provides that a majority vote authorizing the sale of the water system or sewer system shall be required from the electors of the municipality before the sale or purchase can occur. Amends the Public Utilities Act. In provisions concerning valuation of water and sewer utilities, provides that "water or sewer utility" means any of the following: (1) a public utility that regularly provides water or sewer service to 6,000 or fewer customer connections; (2) a water district, including, but not limited to, a public water district, water service district, or surface water protection district, or a sewer district of any kind established as a special district under the laws of the State that regularly provides water or sewer service to 6,000 or fewer customer connections; (3) a waterworks system or sewerage system established under the Township Code that regularly provides water or sewer service to 6,000 or fewer customer connections; (4) a water system or sewer system owned by a municipality that regularly provides water or sewer service to 6,000 or fewer customer connections; or (5) any other entity that is not a public utility that regularly provides water or sewer service to 6,000 or fewer customer connections. Provides that the provisions are repealed on June 1, 2026 (rather than June 1, 2028). Effective immediately.

Amends the Abused and Neglected Child Reporting Act. Provides that for any expedited appeal to amend or remove an indicated report from the State Central Register that is initiated or pending on or after the effective date of the amendatory Act, the Director of the Department of Children and Family Services shall issue its final decision on the abuse or neglect report within 60 days after receipt of a timely sufficient request for an expedited appeal, unless extended by action of the appellant. Provides that within the same 60 day time period, the Director shall receive and accept, reject, amend, or return to the Administrative Hearings Unit for further proceedings the Administrative Law Judge's recommendation with respect to the expedited appeal. Provides that the Director's decision is the final administrative decision of the Department.