Illinois

Amends the Illinois Vehicle Code. Provides that, beginning July 1, 2027, an electric vehicle owner may register an electric vehicle with any qualifying registration, and an additional $320 surcharge shall be collected in addition to the applicable registration fee. Provides that, beginning July 1, 2028, the Secretary shall annually adjust the electric vehicle registration surcharge by an amount equal to the percentage increase, if any, in the Consumer Price Index for the 12 months ending in March of the year in which the increase takes place. Establishes the Road Usage Charge Program to be implemented by Secretary of State to be used in lieu of the fees levied for electric vehicle owners. Requires the Secretary to adopt rules to implement the Program. Allows the Secretary to impose a penalty for failure to timely pay a road usage charge according to the terms of the Program or tampering with a device necessary for the Program. Provides that if enrolled in the Program, the owner of an electric vehicle shall: report mileage driven; pay the road usage fee for each payment period; and comply with all other provisions and other requirements of the Program. Provides that beginning July 1, 2027, the road usage charge rate is 1.5 cent per mile and the road usage charge cap is $320 for an annual registration. Requires the Secretary to annually adjust the road usage charge rate and the road usage charge cap by an amount equal to the percentage increase, if any, in the Consumer Price Index for the 12 months ending in March of the year in which the increase takes place. Provides that revenue generated by the Program and relevant penalties shall be distributed in the same manner revenue from the motor fuel tax is distributed after covering the costs to administer the Program.

Amends the Counties Code. Makes a technical change in a Section concerning the short title.

Amends the Unified Code of Corrections. Provides that, beginning on July 1, 2026, the Department of Corrections shall adhere to a standardized process for all incoming publications. Provides that the process shall not prohibit a committed person's access to physical, hard copy publications, and allow members of the public to mail committed persons publications. Provides that, even if the Department adopts a policy that requires or contracts with a vendor for the digitization or photocopying of incoming mail or publications, the Department shall still provide access to physical, hardcopy publications. Effective immediately.

Amends the Liquor Control Act of 1934. Provides that the maximum fine that may be levied against any licensee shall not exceed $20,000 per violation (instead of the maximum fine that may be levied against any licensee, for the period of the license, shall not exceed $20,000). Makes a conforming change. Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that a violation does not apply to an immigration agent. Provides that a violation is a Class 4 felony unless a deadly weapon is used while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, in which case the violation is a Class 3 felony.

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Requires the Secretary of Transportation to report to the specified members and committees of the General Assembly and the Director of the Governor's Office of Management and Budget as of December 31 of each year the following: the amount of local airport planning and design engineering approved for reimbursement by the Department through programming letters for which the Department has not executed a binding agreement to reimburse such work from either federal or State funds; the amount of airport construction bids opened by the Department for which there is no binding funding agreement executed with the local airport sponsor to provide the local airport construction share as the Department requires for local government highway projects prior to advertisement for letting; the amount of construction contract bids opened but not awarded by the Department within 45 days; and the amount and date of submittal for invoices submitted to the Department by local airport sponsors for airport planning and design engineering services that were not paid by the Department within 30 days of the date of local airport sponsor invoice submittal. Requires the Department to file this report with the designated persons, committees, and offices by January 31 of each year or 2 weeks prior to a scheduled appropriation hearing for the upcoming fiscal year, whichever date is earlier.

Amends the School Code. Provides that school districts shall regulate and restrict access to public restrooms, locker rooms, dressing rooms, and other similar places on the basis of biological sex and shall also adopt a policy that provides for gender neutral or alternative facilities for students, staff, and members of the public, as the school district deems appropriate. Provides that school districts are not required to: (1) limit access by a minor accompanied by an adult guardian of the opposite sex into a specified facility appropriate for the adult guardian; (2) prohibit a person with disabilities from using a specified facility appropriate to the biological sex of either the person with disabilities or of an adult caretaker providing assistance; or (3) prohibit access to these facilities by custodial staff, school staff, or other persons in an emergency situation.

Amends the Illinois Civil Rights Act of 2003. Provides that the Act may be referred to as the Illinois Accountability Act. Provides that a person who claims to have suffered a deprivation of any rights, privileges or immunities under the Illinois Constitution because of acts or omissions of a public body or person acting on behalf of a public body, under color of, or within the course and scope of the authority of a public body may maintain an action to establish liability and recover compensatory damages, punitive damages, and injunctive relief. Provides that in any action filed under the Act, a public body or person acting on behalf of a public body does not enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges, or immunities secured by the Illinois Constitution. Provides that if the plaintiff prevails in an action under the Act, the public body is liable for reasonable attorney's fees and other litigation costs. Provides that statutory immunities and limitations on liability, damages, or attorney's fees do not apply to claims brought under the Act. Provides that an action filed under the Act that is pending does not abate upon the death of the plaintiff or defendant. Provides that a judgment awarded under the Act against a person acting on behalf of a public body, under color of, or within the course and scope of the authority of the public body is to be paid by the public body. Provides that the State does not have sovereign immunity for itself or any of its political subdivisions against claims brought the Act. Provides that if there is any conflict between the Act and any other law of this State, the amendatory Act controls.

Creates the Facial Recognition Technology in Law Enforcement Act. Provides that a law enforcement agency that uses facial recognition technology shall conduct a compliance audit regarding implementation of the policies established under the Act. Requires the Illinois State Police to publish a report that may contain recommendations for updates in local policies regarding the use of facial recognition technology, overall rates of implementation of policies outlined in the Act, and an assessment of the accuracy and reliability of facial recognition technology used by law enforcement agencies in this State. Provides that facial recognition technology shall not be used by law enforcement agencies or law enforcement officers to analyze an image or recording of individuals (1) engaged in activity that is protected under the United States Constitution or the Illinois Constitution unless there is reasonable suspicion that the individual is actively committing a crime, is about to commit a crime, or has already committed a crime; (2) for the purpose of real or live-time identification of an image or recording; or (3) solely based on an individual's political or social beliefs, the individual's engagement in lawful activities, or the individual's race, color, religious beliefs, sexual orientation, gender, disability, national origin, or housing status. Amends the Illinois Police Training Act. Requires the Law Enforcement Training Standards Board to publish a model statewide policy and curriculum regarding the use of facial recognition technology and other emerging technologies. In provisions concerning the decertification of law enforcement officers, requires administrative law judges presiding over decertification hearings to be trained in, among other things, technological tools that law enforcement officers use in criminal procedures. Amends the Code of Criminal Procedure of 1963. Provides that results generated by facial recognition technology shall not serve as the sole basis to establish probable cause for a warrant for arrest or a search warrant. Effective immediately.

Amends the Developmental Disability and Mental Disability Services Act. In provisions limiting the funding amount for home-based services provided by the Department of Human Services to an adult with a mental disability, provides that, subject to appropriation for these purposes, the Department may exceed such funding limits for an adult with a mental disability whose service and support needs require a higher level of funding based on a determination of need administered by the Department or its service coordination agent. Provides that such service and support needs must be incorporated into the service plan of the adult with a mental disability and must align with criteria adopted by the Department. Permits the Department to limit the use of the funds to services and supports the adult with a mental disability requires to continue to live in the community. Permits the Department to adopt rules. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately.

Amends the End-of-Life Options for Terminally Ill Patients Act. Expands and clarifies definitions. Requires a mandatory mental health evaluation for all patients requesting medical aid in dying. Strengthens informed consent standards and adds a referral to an Ombudsman when financial concerns influence patient choice. Revises attending and consulting physician duties to include enhanced counseling, documentation, and disclosure requirements. Adds explicit safeguards against coercion or undue influence. Requires detailed recordkeeping and safe disposal of unused medication with reporting to the Department of Public Health. Broadens immunity provisions for good-faith compliance and clarifies protections for physicians present at self-administration. Establishes a Medical Aid-in-Dying Ombudsman Program within the Department of Public Health with authority to review compliance, investigate complaints, and operate a secure reporting portal and hotline. Imposes comprehensive reporting requirements on physicians and directs the Department to publish annual statistical reports with de-identified demographic and clinical data. Prohibits solicitation of medical aid-in-dying services. Mandates training for participating health care professionals on abuse prevention, bias recognition, and disability-competent care. Revises insurance provisions to ensure coverage parity for hospice and palliative care, restricts insurer communications, and clarifies that self-administration does not affect life or health insurance benefits. Provides that a qualified patient's act of self-administering medication shall be indicated on the death certificate (rather than shall not be indicated on the death certificate).

Creates the Transportation Network Drivers Labor Relations Act. Defines "transportation network driver" as an individual who operates a motor vehicle that: (i) is owned, leased, or otherwise authorized for use by the individual; (ii) is not a taxicab or for-hire public passenger vehicle; and (iii) is used to provide transportation network company services. Provides that transportation network drivers have the right of self-organization, to form, join, or assist transportation network driver organizations, and to bargain collectively. Sets forth provisions concerning unfair labor practices; the designation of bargaining representatives; administrative fees; bargaining, impasse resolution procedures, and final determinations by the Department of Labor; applicability of other labor standards; and rulemaking. Amends the Freedom of Information Act to make a conforming change.

Amends the State Comptroller Act. Provides that the State Comptroller Local Government Advisory Board shall include one member of the Illinois State Police. Provides that recommendations submitted to the Comptroller by the Board shall include, but not be limited to, recommendations for reducing the incidence of financial fraud, improving internal controls, enhancing transparency and accountability, and strengthening the detection, reporting, and investigation of fraudulent activity in units of local government.

Creates the Internet Gaming Act. Authorizes an Internet gaming operator to offer Internet gaming in accordance with the provisions of the Act. Provides that Internet gaming shall only be offered by an Internet gaming license or an Internet management service provider that has contracted with an Internet gaming licensee. Provides that an Internet gaming licensee shall offer no more than 3 individually branded Internet gaming skins. Provides that an Internet management service provider may conduct Internet gaming on its own Internet gaming platform pursuant to the agreement between the provider and an Internet gaming licensee and in accordance with the rules of the Board and the provisions of the Act. Includes provisions for: requirements of an Internet gaming platform; Internet waging accounts; license requirements; age verification, location, and responsible gaming; diversity goals in procurement and spending by Internet gaming licensees; acceptance of out-of-state wagers; and limitations on home rule units. Provides that a 25% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act. Effective immediately.

Amends the Code of Civil Procedure. Provides a process for an operator of a hotel to evict an occupant of the hotel who fails to pay the full amount of lodging when due and remains on the premises without the consent of the operator. Provides that nothing in the Act may be construed to affect the rights or remedies of an occupant who is a tenant under a bona fide lease agreement governed by Illinois landlord-tenant law. Provides that an operator or employee of an operator who is acting in good faith and in substantial compliance with the Act to be civilly or criminally liable for requesting law-enforcement assistance or for the peaceful removal of a non-paying occupant. Provides that the Act does not apply to any occupant placed in a hotel under a government-funded emergency, disaster-relief, or transitional housing program if: (1) the cost of lodging is paid for, directly or indirectly, by a federal, State, or local agency; and (2) the lodging agreement or agency contract expressly specifies the occupant's temporary stay and removal procedures. Authorizes a peace officer to remove a non-paying occupant as a trespasser upon verification of the operator's documentation under the Act and arrest the person for criminal trespass to real property under the Criminal Code of 2012. Provides that nothing in the Act requires law enforcement to intervene in a bona fide lease dispute or a matter in which the occupant's payment status is genuinely contested. Authorizes the Illinois Law Enforcement Training and Standards Board to adopt model policies and training materials for law-enforcement agencies and operators regarding the application of the Act.

Amends the Motor Vehicle Franchise Act. Provides that it shall be deemed a violation for a manufacturer, distributor, wholesaler, or other specified entity to distribute new motor vehicles directly to consumers or to circumvent franchise distribution obligations under the Act. Provides that a manufacturer, common entity, or distributor, other than a manufacturer or distributor that was lawfully licensed to sell new motor vehicles directly to customers in the State before January 1, 2022, shall not own or operate a dealership or directly sell new vehicles in the State. Provides that it shall be deemed a violation for any manufacturer with an established franchise dealer network in the State to engage in the sale, lease, or servicing of new motor vehicles in a manner that bypasses or competes with the manufacturer's existing franchisee network. Makes conforming and other changes. Defines terms.

Amends the Illinois Controlled Substances Act. Adds mitragynine and 7-hydroxymitragynine as Schedule III controlled substances. Repeals the Kratom Control Act.

Amends the Cemetery Oversight Act. In provisions concerning the Cemetery Relief Fund, provides that the Fund shall be used by the State Comptroller (instead of the Department of Financial and Professional Regulation) solely for the purpose of providing reimbursements (instead of grants) to units of local government, to cemeteries registered with the State Comptroller, and to not-for-profit organizations to clean up cemeteries that have been abandoned or neglected, are at risk of going into receivership, insolvency, or being abandoned, or are otherwise in need of additional care. Provides that, in the event there is a structural surplus in the Cemetery Oversight Licensing and Disciplinary Fund, the Department may transfer (instead of expend) moneys out of the Cemetery Oversight Licensing and Disciplinary Fund for the reimbursements.

Amends the Illinois Municipal Code. Provides that a detention center facility may not be located, constructed, or operated within 1,500 feet of the property boundaries of any school, day care center, day care home, cemetery, public park, forest preserve, public housing, private residence, or place of religious worship, regardless of address. Defines "detention center facility" and "federal immigration authority". Effective immediately.

Amends the Illinois Income Tax Act. Amends the Illinois Income Tax Act. Sets forth a schedule of income-based tax rates for individuals, trusts, and estates for taxable years beginning on or after January 1, 2027.

Amends the Probate Act of 1975. Provides that the court may, upon a finding of good cause, extend temporary guardianship for up to an additional 90 days beyond the 120 days now authorized in the Act.

Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that a minor who is present at a child advocacy center in the State following disclosure or suspicion of sexual assault shall be eligible to receive a sexual assault services voucher, regardless of the minor's insurance status. Provides that the sexual assault services voucher for a minor may be used for specified circumstances. Allows for rulemaking by the Department of Children and Family Services and the Department of Human Services. Requires each child advocacy center that issues sexual assault services vouchers to submit an annual report to the Department of Children and Family Services. Effective January 1, 2027.

Amends the Public Utilities Act. Makes a technical change in a Section concerning the short title.

Creates the Prohibition of Discriminatory Disability Mascots Act. Restricts a public educational institution from the adoption or continued use of discriminatory disability mascots. Allows a public educational institution to continue to use uniforms or other materials bearing a prohibited name, logo, or mascot that were purchased on or before the effective date of the Act until September 1, 2028 if certain requirements.