Illinois

Amends the Illinois Health Facilities Planning Act. Provides that general review criteria shall include a requirement that nursing homes operated by a county, regardless of whether the nursing homes operated by a county are skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act, provide a Safety Net Impact Statement. Provides that a Safety Net Impact Statement shall also be filed with an application to change ownership of a nursing home operated by a county. Includes nursing homes operated by a county in a list of safety net service providers. Provides that nursing homes operated by a county shall also provide the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. The State Board Staff Report shall also include a statement of findings about an application's safety net impact under specified circumstances, and that the State Board Staff's assessment shall be considered in determining whether the project fulfills the public interest requirements. Amends the County Homes Division of the Counties Code. Removes a requirement that two-thirds of the county board is required sell, dispose of, or lease for any term, any part of the home properties, and requires a referendum before selling any home (rather than requiring a referendum only for homes that were erected after referendum approval by the voters of the county). Provides referendum language for the selling, disposition of, or lease of a home. Removes language providing that, if a county nursing home was erected after referendum approval by the voters of the county, the county nursing home may be leased upon the vote of a 3/5 majority of all the members of the board.

Amends the Substance Use Disorder Act. Provides that beginning on the effective date of the amendatory Act, the Department of Human Services shall not approve any initial or renewal application for the licensure of a facility where substance use treatment or intervention services will be provided within 1,000 feet of: (i) any building or buildings or real property comprising a public or private elementary or secondary school, community college, college, or university, including any adjacent school yard, school playing field, or school playground; (ii) a public playground; or (iii) any public park building or real property comprising any public park. Provides that nothing in the amendatory Act shall be construed to invalidate any initial or renewal application for licensure approved prior to the effective date of the amendatory Act.

Amends the Counties Code and the Illinois Municipal Code. In provisions concerning administrative adjudication hearings of code and ordinance violations, provides that (i) powers and duties of a hearing officer include swearing in individuals who provide testimony; (ii) all oral testimony shall be sworn to under oath or affirmation; and (iii) a citation or notice of violation sworn to under oath or affirmation taken under certification under specified provisions of the Code of Civil Procedure is prima facie evidence of the correctness of the facts specified that may be rebutted by a preponderance of the evidence. Makes similar changes to provisions concerning adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles, automated traffic law violations, and automated speed enforcement system violations in the Illinois Vehicle Code. Amends the Oaths and Affirmations Act. Provides that an administrative law judge, hearing officer, or adjudicator may administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them when presiding over a proceeding for a local public entity if the administrative law judge, hearing officer, or adjudicator has neither been convicted of a felony nor removed from office by the Illinois Courts Commission. Amends the Criminal Code of 2012. Provides that a person commits perjury when, under oath, certification, or affirmation (rather than when, under oath or affirmation), in a proceeding or in any other matter where by the law, the oath, certification, or affirmation (rather where by the law, under oath or affirmation), is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that an administrative law judge or hearing officer is not answerable personally in law or equity for the direct or indirect consequences of any finding of fact or conclusion of law made by the administrative law judge or hearing officer in the course of the administrative law judge's or hearing officer's official duties. Defines administrative law judge.

Creates the Removal of Unlawful Publications of Obscene and Harmful Depictions On Social Media Platforms Act. Provides that, following a report to a social media platform that an obscene depiction or otherwise harmful depiction by computer has been unlawfully published on the social media platform, the subject report must be promptly investigated for credibility, and if deemed credible, the subject image must be promptly removed by the operator of the social media platform within 24 hours of the submission of the report. Provides that, upon a finding of credibility by the social media platform that a report that an obscene depiction or otherwise harmful depiction by computer has been unlawfully published on the social media platform, the report, accompanied with any and all identifying information of the publisher of the unlawfully published obscene depiction or otherwise harmful depiction by computer media image, must be reported to the Office of the Attorney General. Provides that, whenever it appears to the Attorney General, upon report, complaint or otherwise by a social media platform or other person or entity, that any person, within or outside the State, has unlawfully published an obscene depiction or otherwise harmful depiction by computer, on a social media platform, the Attorney General may bring an action or proceeding, in the name and on behalf of the People of the State of Illinois, to: (1) enjoin any violation of the Act; (2) obtain restitution of any moneys or property obtained directly or indirectly by any such violation; (3) obtain disgorgement of any profits or gains obtained directly or indirectly by any such violation; (4) obtain damages caused directly or indirectly by any such violation; (5) obtain civil penalties not exceeding $25,000 per violation; and (6) obtain any such other and further relief as the court may deem proper, including preliminary relief. Defines terms. Effective immediately.

Amends the Illinois Public Aid Code. In provisions concerning the child care assistance program, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program.

Amends the Property Tax Code. Provides that, for the purpose of eligibility for the general homestead exemption, "homestead property" also includes property that is used by a person as his or her principal dwelling place and on which the person is liable for the payment of property taxes under a lease-to-purchase or a lease-option contract.

Amends the Property Tax Code. Provides that, if property was granted a homestead exemption for persons with disabilities for any taxable year beginning on or after January 1, 2025, and if the property remains eligible for the exemption in a subsequent consecutive taxable year, then the total property tax liability for the property for the applicable taxable year may not exceed the total property tax liability for (i) taxable year 2025 or (ii) the first year in which the property became eligible for the exemption, whichever occurs later, unless the chief county assessment officer finds that there were substantial improvements made to the property during the previous taxable year or years. Effective immediately.

Amends the Township Code. Provides that all townships with a population less than 5000 are dissolved and must either consolidate with an adjacent township or the county containing the geographic boundaries of the dissolving township.

Amends the Board of Higher Education Act. Requires the Board of Higher Education, in consultation with the Department of Commerce and Economic Opportunity and the Department of Employment Security, to develop a career and education guide for postsecondary students with disabilities. Sets forth the included information in the career and education guide. Requires the guide to be publicly available on the websites of the Board, the Department of Commerce and Economic Opportunity, and the Department of Employment Security. Allows the Board to publish physical copies and charge a reasonable fee for such copies. Requires the first guide to be published by August 1, 2026, and every August 1 thereafter. Effective January 1, 2026.

Amends the Electric Vehicle Rebate Act. Authorizes rebates for electric vehicles that are electric motorcycles. Specifies that, for a purchaser to be eligible to receive a rebate under the Act, the purchaser must, among other things, apply for the rebate within 180 days (rather than 90 days) after purchase, during an open rebate cycle as identified by the Agency, and certify that the purchaser qualifies as low-income. Provides that amounts appropriated to and deposited into the Electric Vehicle Rebate Fund from the General Revenue Fund, or any other fund, (rather than only the General Revenue Fund) shall be distributed from the Electric Vehicle Rebate Fund to fund the electric vehicle rebate program established under the Act. Makes changes to definitions. Effective July 1, 2025.

Amends the Eminent Domain Act. Provides that quick-take powers may be used for a period of no more than 2 years after the effective date of the amendatory Act by Will County for the acquisition of certain described property for the purpose of road construction. Repeals the new provisions 3 years after the effective date. Effective immediately.

Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation shall review an applicant's application for a license to practice medicine under the Act concurrently with the applicant's application for a controlled substances registration. Requires the Department to issue an applicant's license and controlled substances registration concurrently. Effective immediately.

Amends the Limitations Article of the Code of Civil Procedure. Provides that every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sex offense under the Criminal Code of 2012 committed against a person who was 18 years of age or older, or incest committed against such person who was 18 years of age or older, which is barred as of the effective date of the amendatory Act because the applicable period of limitation has expired, is revived, and action thereon may be commenced not earlier than 6 months after, and not later than 18 months after the effective date of the amendatory Act.

Amends the Gas Use Tax Law. Exempts certain business enterprises from taxation under the Act. Amends the Gas Revenue Tax Act. Provides that the definition of "gross receipts" does not include consideration received from certain business enterprises. Amends the Electricity Excise Tax Law. Provides that the tax under the Act is not imposed with respect to any use by the purchaser in the process of manufacturing or assembling tangible personal property for wholesale or for retail sale or lease. Effective immediately.

Amends the Illinois Vehicle Code. Establishes that an owner of a boat trailer capable of carrying a gross weight between 3,000 to 6,000 pounds shall pay an annual registration fee of $60 to the Secretary of State. Provides for the distribution of collected fees.

Creates the Pharmacy Accountability and Access Act. Requires any owner of a pharmacy licensed under the Pharmacy Practice Act to provide written notice to specified governmental authorities no later than 180 calendar days before any pharmacy may be closed. Provides that the notice shall be physically posted at the affected location and prominently posted on the company's website for the entire 180-day period. Requires a report detailing the justification for closure, including any documentation of financial losses, operational inefficiencies, or how closure would otherwise align with the social responsibility commitments of the corporation. Sets forth provisions concerning public meetings, community transition plans, and repayment of tax incentives, subsidies, and other financial benefits provided to that pharmacy. Requires the Department of Public Health to review closures of pharmacies in medically underserved areas. Imposes penalties for failure to comply with the Act.

Amends the Illinois Insurance Code. Provides that a group health plan or an accident and health insurer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable State law. Provides that nothing in the provisions shall be construed as preventing a group health plan, an accident and health insurer, or the Director of Insurance from establishing varying reimbursement rates based on quality or performance measures.

Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes judicial bodies of the State. Exempts preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, that pertain to the preparation of judicial opinions and orders. Exempts judicial records already subject to fees imposed under the Clerks of Courts Act.

Amends the School Code. In a provision concerning third party non-instructional services, allows a board of education to enter into a one-time contract (rather than a contract), of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the school district's students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act prior to entering into such a contract (rather than not specifying a time period). Defines "emergency situation". Provides that a board of education that attempts to enter into a contract with a third party for non-instructional services, as specified, more than once during a school year is required to receive the mutual agreement of the affected collective bargaining unit or units. Effective immediately.

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. In a provision concerning eligibility for total and permanent disability benefits, provides that if the participating employee was a sheriff's law enforcement employee at the time disability was incurred, the participating employee shall be deemed to have engaged in gainful activity only if that participating employee is employed as a sheriff's law enforcement employee or in a substantially similar capacity. Provides that the amount of the monthly total and permanent disability benefit shall be 100% of the final rate of earnings on the date disability was incurred if the participating employee was a sheriff's law enforcement employee at the time disability was incurred. Provides that a person who was a sheriff's law enforcement employee at the time disability was incurred may receive earnings from a participating municipality or participating instrumentality if that person is not employed as a sheriff's law enforcement employee because of any medically determinable physical or mental impairment which can be expected to result in death or be of a long continued and indefinite duration. Provides that such a person must report to the Fund, in a form and manner prescribed by the Fund, the amount of earnings received for that employment, and the amount of the disability benefits to which that person is entitled shall be reduced by the amount of earnings received for that employment. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person found legally accountable for the conduct of another when either before or during the commission of an offense, by taking deliberate action (deletes and with the intent) to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense shall be sentenced pursuant to the Unified Code of Corrections, except when: (1) the person initiated the commission of the offense; or (2) the person expressly directed another person to engage in conduct that constituted an element of the offense. Amends the Unified Code of Corrections. Provides that a person convicted under such an accountability theory shall be sentenced according to the provisions of the Unified Code of Corrections. Provides that no separate sentence shall be imposed for the offense in which the conduct of another person satisfied an element of the offense for which the individual has been found guilty. Establishes penalties for being legally accountable for the conduct of another under such an accountability theory. Effective immediately.

Amends the Notice By Publication Act. Provides that in counties with a population of less than 3,000,000, if a unit of local government, community college, or school district is required to provide notice in a newspaper by law, order of court, or contract, those entities may publish the notice on its official government website instead of in a newspaper. Provides that the entity or the host of the notice website must enter into a service-level agreement with an Internet service provider that guarantees the site is accessible to the public over the Internet at least 98% of the time, 24 hours a day, 365 days a year. Provides that the official Internet website of the entity must prominently display a link to the notice web page. Provides that if an individual is unable to access an electronic publication of a legal notice, the entity must provide a copy of the notice to the individual free of charge. Requires that notices must remain available on the website at least until the last posting date required by law has expired or until the event described in a notice has taken place, whichever is later. Repeals the current provisions that a newspaper that publishes a notice required by law must contract to place the notice at no additional cost on the statewide website established and maintained as a joint venture of the majority of State newspapers as a repository of these notices. Amends the Newspaper Legal Notice Act. Makes conforming changes. Effective immediately.

Mourns the passing of Kyle Taylor James of Virden.

Mourns the death of Vice Admiral Nils Ron Thunman, U.S. Navy (Ret.).

Amends the Illinois Insurance Code. Establishes reimbursement rates for mental health and substance use disorder treatment services for all group or individual policies of accident and health insurance or managed care plans that are amended, delivered, issued, or renewed on or after January 1, 2027 or for any contracted third party administering the behavioral health benefits for the insurer. Requires a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2026 or any contracted third party administering the behavioral health benefits for the insurer to cover certain medically necessary mental health and substance use disorder treatment services. Provides that, if the Department of Insurance determines that an insurer or a contracted third party administering the behavioral health benefits for the insurer has violated a provision concerning mental health and substance use parity, the Department shall by order assess a civil penalty of $1,000 for each violation. Excludes certain health care plans serving Medicaid populations who are enrolled under the Illinois Public Aid Code or under the Children's Health Insurance Program Act from provisions concerning mental health and substance use parity. Requires the Department to review the impact of the proposed mental health and substance abuse mandate on network adequacy for mental health and substance use disorder treatment and access to affordable mental health and substance use care. Permits the Department to examine out-of-network utilization and out-of-pocket costs for insureds for mental health and substance use treatment and services for all plans to compare with in-network utilization. Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code to require coverage under those provisions. Effective immediately.