Illinois

Amends the Know Before You Owe Private Education Loan Act. Provides that the annual report to the Department of Financial and Professional Regulation and the Student Loan Ombudsman shall include the total number and dollar amount (instead of the volume) of private education loans made annually by a private educational lender, the total number and dollar amount (instead of the volume) of private education loans made annually at institutions of higher education, the total number and dollar amount of private education loans made annually with a cosigner, and the default rate for the private education loans reported by the private educational lender pursuant to specified provisions for the previous reporting period. Effective immediately.

Further amends the Metro-East Sanitary District Act of 1974. Provides that 2 of the commissioners of the Metro-East Flood Prevention District shall be residents of that portion of the district in the county having the greater equalized assessed valuation within the district's boundaries (rather than residents of that portion of the district in the county having the greater equalized assessed valuation of the district), and 2 shall be residents of that portion of the district within the other county. Provides that the mayor, or the mayor's designee, of the largest municipality in the county having the greater equalized assessed valuation within the Metro-East Flood Prevention District's boundaries (rather than the largest municipality in the county having the greater equalized assessed valuation of the district) shall be an ex officio commissioner of the Metro-East Flood Prevention District with a right to vote.

Amends the Sales Finance Agency Act. Makes changes to defined terms. Provides that applicants for a license shall apply in a form prescribed by the Secretary of Financial and Professional Regulation. Prohibits any person, partnership, association, corporation, limited liability company, or other entity engaged in a business regulated by the Act from operating the business under a name other than the real names of the entity and individuals conducting the business. Grants the Secretary authority to issue a license upon completion of the specified filing and investigatory requirements. Sets forth further licensing requirements. Provides that all moneys received by the Secretary under the Act in conjunction with the provisions relating to sales finance agencies shall be paid into the Financial Institution Fund. Prohibits a sales finance agency from aiding or seeking to aid any person in the violation of the Retail Installment Sales Act or the Motor Vehicle Retail Installment Sales Act. Grants additional investigatory, disciplinary, and examination authority to the Secretary. Establishes rulemaking provisions. Grants the Department authority to adopt rules to provide for review within the Department of the Secretary's decisions affecting the rights of persons or entities under the Act. Allows the Secretary to request a circuit court to assess a civil penalty of up to $10,000 (rather than $1,000) for violations of the Act. Repeals various provisions of the Act. Makes other changes. Effective immediately.

Amends the Mine Subsidence Insurance Article of the Illinois Insurance Code. Makes changes to defined terms. Provides that the moneys in the Illinois Mine Subsidence Insurance Fund shall be derived primarily from premiums for mine subsidence insurance ceded by insurers to the Fund pursuant to the Article and from investment income. In establishing mine subsidence insurance premium rates, provides that the Fund shall give due consideration to factors reasonably considered by an insurer when setting premium rates. Changes terms related to the appointment of directors in provisions concerning management of the Fund and establishes 3-year staggered terms for the directors. Provides that all directors shall be independent and owe a duty of care and duty of loyalty to the Fund. In provisions concerning mine subsidence coverage, provides that the loss covered shall be the loss in excess of any applicable deductible or retention in the policy, subject to the limit of insurance for mine subsidence damage stated in the policy. For all policies issued or renewed on or after January 1, 2027, provides that there shall be no deductible or retention applicable to mine subsidence damage. For all policies issued or renewed on or after the effective date of the amendatory Act, provides that the maximum amount of reinsured loss per residence, per commercial building, and per living unit shall be the amounts established by the Fund and approved by the Director. Provides that the residential and living unit coverage provided under the Article may also cover specified costs of debris removal, moving and storage of contents, and repair or replacement of landscaping. Makes changes in provisions concerning division of the Fund; exemptions; rights of insurers to refuse to provide mine subsidence coverage; arbitration; reinsurance agreements; distribution of premiums; reporting requirements; right of recourse and setoffs; subrogation; and powers of the Director of Insurance.

Amends the State Commemorative Dates Act. Designates July 25 of each year as Emmett Till Day, to be observed throughout the State as a day to honor and remember Emmett Till.

Amends the Job Opportunities for Qualified Applicants Act. Provides that, unless driving is an essential job function or is related to a legitimate business purpose for a position, an employer or employment agency shall not: (1) refuse to hire, segregate, or act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, or privileges or conditions of employment on the basis of an applicant or employee not possessing a driver's license; or (2) include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license. Defines "driver's license". Effective January 1, 2027.

Amends the Wholesale Drug Distribution Licensing Act. In provisions concerning restrictions on transactions, provides that prescription drugs furnished by a manufacturer or wholesale distributor licensed under the Act may be delivered only to the business address of a licensee registered with the Department of Financial and Professional Regulation, to the premises listed on a license, or, if the Department has received notice that the licensee has authorized a health care entity to receive the prescription drugs, to the address of a health care entity (instead of only to the premises listed on the license). Provides that "health care entity" means an entity where medical, dental, or veterinary services are provided by a licensed practitioner and where the licensed practitioner is responsible for the receipt, storage, and use of drugs.

Amends the Juvenile Court Act of 1987. Provides that when the court places a minor on probation for an offense that involves the possession or discharge of a firearm not causing any injury, and the minor has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury, the probation agency shall: (1) conduct an individualized assessment of the minor's needs; (2) identify the array of services available in the community where the minor resides that may be appropriate to address the minor's needs, which may include, but are not limited to, restorative justice programs, social service programs for high-risk youth, cognitive behavioral therapy, family engagement, and mentoring; and (3) share with the minor and the minor's parent, guardian, or legal custodian information about their options to access services identified under the provision. Provides that the probation agency may recommend to the court that it require the minor to access the services identified in the provision as a condition of probation.

Amends the Fair Patient Billing Act. Provides that the Attorney General shall, by rule, adopt provisions for a uniform financial assistance form (rather than adopt standard provisions) to be included in all applications for financial assistance. Provides that, on or before December 31, 2026, interested stakeholders (rather than a statewide association representing a majority of hospitals) may submit to the Attorney General recommendations concerning a uniform application (rather than standard provisions to be used in an application) for financial assistance, and the Attorney General shall take reasonably relevant recommendations (rather than those recommendations) into account when adopting specified rules. Provides that approval of eligibility for financial assistance is valid for at least 12 months after the first service date for which the patient submitted a financial assistance application. Requires a hospital to use only a uniform financial assistance form developed and provided by the Attorney General. Effective immediately.

Amends the Officers and Employees Article of the Counties Code. Allows a public defender who is representing a client in a criminal case to also represent the client in a statutory summary suspension proceeding under a specified provision in the Illinois Vehicle Code arising from the same arrest.

Amends the Mental Health and Developmental Disabilities Administrative Act and the Rehabilitation of Persons with Disabilities Act. Required the Department of Human Services to provide informational materials about the Senator Scott Bennett ABLE Program to: persons who are placed in a facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013; persons with disabilities who receive services funded by or administered in conjunction with the Department, including, but not limited to, home and community based services, home-based support services, PUNS services, home care services, and services at a Center for Independent Living. Provides that the informational materials shall be provided when a person first enrolls for such services and as part of any annual process required for the person to maintain eligibility for such services. Requires the Office of the State Treasurer to prepare and deliver the informational materials in an electronic format to the Department and distribute the materials to eligible persons.

Amends the Illinois Health Facilities Planning Act. Requires specified entities to certify to the Health Facilities and Services Review Board whether the entity, its subsidiaries, its affiliates, its parent companies, or any contractual service providers under control of the entity, its subsidiaries, its affiliates, or its parent companies, are owned, managed, or contained within a fund owned or managed by an asset management company. Sets forth required quarterly disclosures. Requires the Board to publish disclosures, written notices, and copies of agreements submitted in accordance with the provision. Provides for penalties for violations of the provision. Effective July 1, 2027.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Creates the Strengthen Illinois Homes Fund. On or before July 1, 2028, and depending on availability of funds, provides that the Department of Insurance shall identify areas of need to administer a pilot grant program known as the Strengthen Illinois Homes Program. Requires the Department of Commerce and Economic Opportunity, in conjunction with the Department of Insurance, to develop a standard application and grant award rubric for the eligible program grantees. Establishes program requirements for contractors. Amends the State Finance Act to make a conforming change. Amends the Illinois Insurance Code. Establishes notice requirements for companies providing flood coverage. Creates the Climate Risk Disclosure Article, which may be referred to as the Climate Risk Disclosure Law. Requires all companies, corporations, and organizations subject to the Article to, upon direction from the Department, participate in climate surveys issued by the National Association of Insurance Commissioners. Creates the Strengthen Illinois Homes Article, which may be referred to as the Strengthen Illinois Homes Act. Provides that, for homeowners insurance policies, an insurer shall provide an actuarially justified premium discount or insurance rate reduction to a specified owner. Provides that the Director of Insurance may adopt rules that establish standard discount amounts, targets, or benchmarks for the coverage of insurable property meeting the specified mitigation program standards. Provides that an insurer writing homeowners insurance policies that provide coverage of an insurable property that is a nonfortified insurable property shall offer an optional rider, endorsement, or supplemental policy provision that provides the insured a right to receive claim payments for the cost to upgrade an insurable property to mitigation program standards for a specified claim. Makes other changes. Amends the Dental Service Plan Act, the Health Maintenance Organization Act, and the Limited Health Service Organization Act to establish conforming requirements.

Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Includes residents of assisted living establishments under the Assisted Living and Shared Housing Act to the provisions of the Act. Replaces references to "facility" throughout the Act with "facility or establishment". Provides that an assisted living establishment shall not be required to post the specified electronic monitoring notice at building entrances.

Reinserts the provisions of the introduced bill with the following changes: Replaces all references to "case management" with "specialized case management". Defines "specialized case management".

Amends various Acts to change references from "epinephrine auto-injector" or "epinephrine injector" to "FDA approved epinephrine delivery device or product". Changes the name of the Epinephrine Injector Act to the FDA Approved Epinephrine Delivery Device or Product Act.

Amends the Adult Protective Services Act. Provides that any employee of a financial institution who willfully fails to report as required by the Act shall be referred to the Department of Financial and Professional Regulation for possible disciplinary action. Expands the list of mandated reporters under the Act to include investment advisers and investment adviser representatives as defined in the Illinois Securities Law of 1953, dealers and salespersons as defined in the Illinois Securities Law of 1953, and employees of financial institutions who serve as branch managers or members of the compliance team. Provides that the term "financial institution" is limited to a federally or State-chartered bank, savings bank, savings and loan association, or credit union. Requires the Department on Aging to develop by joint rulemaking with the Department of Financial and Professional Regulation minimum training standards which shall be used by financial institutions for its employees. In provisions granting specified persons with access to Department records concerning reports of financial exploitation and other forms of abuse or neglect, extends such access to: (i) a court appointed executor or administrator (rather than an executor or administrator) of the estate of an eligible adult who is deceased, unless the executor or administrator is the abuser or the alleged abuser; and (ii) any court of competent jurisdiction with a valid court order for an in camera inspection (rather than a probate court with jurisdiction over the guardianship of an alleged victim). In cases where a coroner or medical examiner has reason to believe that an eligible adult has died as the result of abuse, abandonment, neglect, financial exploitation, or self-neglect, requires the Department (rather than the provider agency) to provide the coroner or medical examiner with all records pertaining to the eligible adult as soon as practicable. Provides that the Department, at its discretion, may provide its report records to any professional licensing board or commission, investigatory unit, prosecutorial unit, or similar disciplinary body if any substantiated abuser falls under its purview. Provides that all records not generated by the Department but obtained during the course of an Adult Protective Service investigation or related to an Adult Protective Service case, including, but not limited to, financial records and medical records, shall be confidential and shall not be disclosed except at the Department's sole discretion. Provides that such records may be obtained through intergovernmental agreements with the Department and are exempt from disclosure under the Freedom of Information Act. Requires the Department to establish, by July 1, 2028, a web-based portal to receive alleged or suspected reports of financial exploitation as well as other reports of alleged or suspected abuse, abandonment, neglect, or self-neglect. Amends the Illinois Securities Law of 1953. Provides that dealers, salespersons, investment advisers, and investment adviser representatives may issue an initial transactional hold when they have a reasonable suspicion that a transaction or disbursement from an account of an eligible adult may involve, facilitate, result in, or contribute to financial exploitation of that eligible adult. Grants criminal, civil, and administrative immunity to dealers, salespersons, investment advisers, and investment adviser representatives who hold a transaction in good faith or who contact or elect not to contact an eligible adult's trusted contact person when they have a reasonable suspicion that a transaction or disbursement from the eligible adult's account may involve, facilitate, result in, or contribute to financial exploitation of that eligible adult. Contains provisions concerning the duration of initial transactional holds and extended transactional holds; transactional hold notice requirements; and other matters. Makes conforming changes to the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act. Effective July 1, 2027.

Amends the Illinois Insurance Code. Provides that every policy of automobile insurance issued, renewed, or delivered on or after July 1, 2027 in Illinois that includes first-party coverage for physical damage shall contain a provision granting the insured, in the insured's sole discretion, without the company's consent or agreement required, and the insurer the right to invoke appraisal if there is a dispute over the amount of a loss. Provides that, if a dispute arises regarding the amount of a loss, either party may submit a written demand for appraisal. Sets forth provisions concerning required actions for the selected appraisers and provides for the selection of an umpire if an agreement is not reached. Sets forth provisions concerning issuance of the award determining the amount of loss and cost allocation. Effective July 1, 2027.

Reinserts the provisions of the engrossed bill with the following change. Makes a minor grammatical correction.

Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for the acquisition of permanent and temporary easements for a period of one year after the effective date of the amendatory Act by the City of North Chicago to support the installation of hazard mitigation and stormwater conveyance measures aimed at reducing the effects of flooding in Lake County. Effective immediately.

Amends the Illinois Vehicle Code. With regard to the examination of applicants for a driver's license, allows the Secretary of State to adopt rules regarding the administration of the demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle by driver training schools licensed by the Secretary. Amends the Cycle Rider Safety Training Act. Provides that a dealer provider shall not adopt any policy, requirement, or expectation regarding an employee's manner of dress outside of the employee's scheduled work hours, nor may the provider pose any questions regarding such on job applications or during interviews with potential employees. Provides that a dealer provider may provide cycle rider safety training courses to the public for a fee which shall not be refunded. Provides that a dealer provider may set up ranges and courses without responding to notices from the Department of Transportation and is ineligible for grant funds from the Cycle Rider Safety Training Fund. Sets forth requirements and prohibitions for a dealer provider that offers courses. Makes other changes. Effective January 1, 2027.

Amends the Ticket Sale and Resale Act. Provides that a ticket reseller shall not sell or offer for sale a ticket that the ticket reseller does not own or have actual or constructive possession of at the time of listing or advertising for sale. Provides that, if a ticket is sold on a ticket resale marketplace, the ticket resale marketplace shall ensure that the ticket reseller is compliant with the provision. Provides that a violation of the provision constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that a licensee shall not receive continuing education credit toward the renewal of a professional license for any continuing education course, program, seminar, instruction, webinar, or other educational activity that promotes, instructs, or provides guidance on the performance of prohibited services, treatments, practices, or procedures. Provides that a determination of whether continuing education credit is permitted under the amendatory Act shall occur only in the course of a continuing education audit or license renewal audit conducted by the Department of Financial and Professional Regulation. Provides that approval by the Department of a continuing education provider or continuing education course does not supersede the provisions of the amendatory Act. Provides that nothing in the amendatory Act shall be construed to require the Department to proactively review, pre-approve, evaluate, monitor, or otherwise assess continuing education content restrictions under the amendatory Act outside of an audit process. Effective January 1, 2027.

Amends the Illinois Insurance Code. In provisions concerning the notice of intention not to renew a policy of insurance, provides that no company may impose renewal premium increases of more than 10% for policies of automobile insurance that are subject to certain cancellation requirements, unless the company mails or delivers by electronic means to the named insured notice of the increase in renewal premium at least 30 days before the policy renewal or anniversary date. Changes the number of hours required for the National Safety Council's Defensive Driving Course's classroom safety instruction program from 8 hours to 4 hours in provisions concerning insurance premium reductions. Creates the Rates for Automobile Insurance Article. Provides that the Article applies to specified policies of automobile insurance and filings made on or after July 1, 2027. Provides that rates shall not be excessive, inadequate, or unfairly discriminatory, as described. Sets forth provisions concerning determinations by the Department of Insurance that a filing is excessive, inadequate, or unfairly discriminatory and provisions prohibiting cost-shifting. Effective July 1, 2027.

Reinserts the provisions of the introduced bill with the following changes. In provisions amending the Children's Advocacy Center Act, provides that MDT members shall access and share relevant information related to an investigation to the extent authorized by applicable state and federal privacy and confidentiality laws, so that professionals involved in the investigation can coordinate effectively, ensure the safety and well-being of the child, and support a thorough and informed investigation while protecting sensitive information (rather than work together, share information, and maintain confidentiality throughout the investigative process.) Further provides that Children's Advocacy Centers shall have a multidisciplinary, coordinated systems approach to investigation of child maltreatment. Provides that this approach shall include policy on multidisciplinary team collaboration and communication that requires coordination among applicable MDT members and establishes procedures for the exchange of information pertinent to investigation and the safety of the child to the extent permitted under applicable state and federal privacy and confidentiality laws, through secure and confidential methods. Further provides that the policy shall require that MDT members have access to, and share, relevant information related to an investigation to the extent authorized by applicable state and federal privacy and confidentiality laws, to facilitate MDT coordination, support the investigative responsibilities of the agencies with statutory authority, promote the safety and well-being of the child, and support a thorough and informed investigation while protecting sensitive information. Further provides that the multidisciplinary, coordinated systems approach to the investigation of child maltreatment shall require that MDT members have access to, and share, relevant information related to an investigation to the extent authorized by applicable state and federal privacy and confidentiality laws and provide for that participation of appropriate MDT members, as relevant to the circumstances of the case. In provisions amending the Bill of Rights for Children, provides that the agency with statutory investigative authority shall notify a child and any parent or guardian of the right to request a forensic interview through the Children's Advocacy Center, subject to acceptance of the referral by the CAC, and that such right may be asserted by the child or the child's parent or guardian with the child's assent. Removes provisions amending the Code of Criminal Procedure of 1963. In provisions amending the Criminal Code of 2012, provides that a second or subsequent violation of provisions prohibiting endangering the life or safety of a child or a statute of any other state of an offense that is substantially equivalent to the offense of endangering the life or health of a child, is a Class 3 felony. In provisions amending the Bill of Rights for Children, makes changes to provisions concerning forensic interviews with children's advocacy centers.