Illinois

Amends the Illinois Gambling Act. Provides that each licensee shall make a reconciliation payment 3 years after the date the licensee begins operating in an amount equal to 75% of the adjusted gross receipts for the most lucrative consecutive 12-month period of operations, minus an amount equal to (i) the initial payment per gaming position paid by the specific licensee and (ii) the $15,000,000 reconciliation fee.

Creates the Local Government Inspector General Act. Provides that the purpose of the Act is to establish an independent entity to which allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct involving units of local government, including their officers, employees, and agents, or elected or appointed local officials, may be reported and investigated with the assistance of the Attorney General. Creates the Local Government Ethics Commission and the Office of the Local Government Inspector General and provides that members of the Commission and the Inspector General shall be appointed by the Governor with the advice and consent of the Senate. Sets forth the procedures of investigating a complaint and the issuing of reports. Defines terms. Amends the State Officials and Employees Ethics Act. Requires the appointment of at least one member of the general public to the Legislative Ethics Commission. Provides that the Legislative Ethics Commission shall adopt no rule requiring the Legislative Inspector General to seek the Commission's advance approval before commencing an investigation. Provides that, within 60 days after receipt of a summary report and response from the ultimate jurisdictional authority or agency head that resulted in the subject of the investigation being found guilty of allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, or violations of the Act, or violations of other related laws and rules, the Legislative Inspector General (currently, Legislative Ethics Commission) shall make available to the public the report and response or a redacted version of the report and response. Allows the Legislative Inspector General to make available to the public any other summary report and response of the ultimate jurisdictional authority or agency head or a redacted version of the report and response without prior approval from the Legislative Ethics Commission. Makes conforming changes.

Creates the Illinois Consumer Data Privacy Act. Applies to legal entities that conduct business in Illinois or produce products or services that are targeted to Illinois residents and that satisfy one or more of the following thresholds: during a calendar year, controls or processes personal data of 100,000 consumers or more, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or derives over 25% of gross revenue from the sale of personal data and processes or controls personal data of 25,000 consumers or more. "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person but does not include deidentified data or publicly available information. Requires a controller who, alone or jointly with others, to consider the purposes and means of the processing of personal data in protecting the security of consumers while processing personal data and in notifying consumers of a breach of the security of the system. Authorizes rights to consumers under the Act to include, but not be limited to, the right to access their personal data, obtain a list of third parties to whom their data has been disclosed, request corrections to inaccurate data, and question the profiling of their information. Creates an appeal process for a consumer to gather more information on the actions of a covered entity. Exempts the State, a political subdivision of the State, and units of local government, a federally recognized Indian tribe, nonprofits established to prevent insurance fraud, and data already covered by federal law. Authorizes the Attorney General to enforce the Act. Makes definitions. Makes other changes. Limits the concurrent exercise of home rule powers. Contains a severability provision.

Amends the School Code. In provisions concerning the award of certain contracts to the lowest responsible bidder, provides that a contract for goods, services, or management in the operation of a school's food service entered into between a school board and a food service management company shall (1) be for a duration of no longer than one year, with options for yearly renewal of the contract not exceeding 4 additional years and (2) include a termination clause whereby either party may cancel for cause after a 60-day notification. Provides that all competitive bids for a contract for goods, services, or management in the operation of a school's food service entered into between a school board and a food service management company are subject to standardized evaluation criteria created by the State Board of Education for scoring that have been published on the State Board's website in advance. Provides that the school board shall maintain a record of the evaluation scoring, to be disclosed to all bidders within 10 days after the date of the award of the contract.

Amends the Children with Disabilities Article of the School Code. Creates the Special Education Workload Task Force to develop guidance on the calculation of workload limits for special educators. Sets forth the members. Provides for meetings and administrative support. Requires the Task Force to submit its guidance to the State Board of Education and the General Assembly on or before June 30, 2027. Dissolves the Task Force upon submission of the guidance. Repeals these provisions on June 30, 2028.

Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning an individual without first obtaining valid authorization from the individual. Provides that a valid authorization to sell individual health data must contain specified information; a copy of the signed valid authorization must be provided to the individual; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that an individual has the right to withdraw consent from the processing of the individual's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against individuals solely because they have not provided consent to the processing of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning an individual's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the individual's health data; an individual's right to have the individual's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and individual health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Amends the School Code. Beginning with the 2025-2026 school year, requires a school district maintaining any of grades 9 through 12 to provide all eligible students graduating from high school with the opportunity to register to vote. Effective immediately.

Amends the Public Officer Prohibited Activities Act and the Illinois Municipal Code. Provides that an alderperson may serve as an emergency worker and receive compensation for that service.

Creates the Local Government Fraud Prevention Task Force Act. Requires the Task Force to make recommendations for improving fraud prevention, detection, and investigation in local government including: (1) monitoring the creation and reporting of bank accounts used by local governments; (2)expanding the investigative and prosecutorial capabilities of the State in regard to fraud at the local level; (3) examining the scope and standard practices of government auditing and accounting; (4) examining existing transparency laws; and (5) exploring possibilities for training new government officials on financial oversight responsibilities and powers. Provides that, the Department of Central Management Services shall provide administrative support to the Task Force as needed. Provides that, on or before December 31, 2026, the Task Force shall report its recommendations by filing copies of its report with the Governor and the General Assembly. Dissolves the Task Force upon the filing of the report. Provides that the Act is repealed on January 1, 2028. Effective immediately.

Amends the Illinois Emergency Management Agency Act. Provides that the Illinois Emergency Management Agency and Office of Homeland Security may make grants for the purpose of promoting public safety radio interoperability if the use of the funds is consistent with standards set forth by the Illinois Statewide Interoperability Executive Committee under Section 10 of the Illinois State Police Radio Act and may adopt such rules as necessary to implement these grants. Provides that in awarding grants for the purpose of promoting public safety radio interoperability, priority shall be given first to public safety agencies with jurisdiction in areas without land mobile radio communication interoperability in counties with a population under 75,000. Provides that only public safety agencies using technology that is P25 CAP-verified (Project 25 Compliance Assessment Program) and complies with the current version of the SAFECOM Guidance on Emergency Communications Grants issued by the Cybersecurity and Infrastructure Security Agency (CISA) shall be eligible for grants.

Amends the Property Tax Code. Establishes the State Tax Deed Equity Fund. Provides that moneys in the Tax Deed Equity Fund shall be expended exclusively for the purpose of paying the amount ordered for equity surplus payments to Illinois property owners who have lost their property by a recorded tax deed. Contains provisions concerning applications for payment from the Tax Deed Equity Fund. Makes changes to the amount of the indemnity fund fee. Makes changes concerning required notices by the tax deed grantee to the owner of the property.

Amends the Election Code. In provisions concerning ballot forfeiture, provides that any civil penalty paid after the State Board of Elections transmits the list of all candidates whose political committees have not paid an assessed civil penalty shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. Provides that, if a candidate forfeits his or her ballot under the provision, then that candidate may not be appointed to fulfill the resulting vacancy. In provisions concerning the making of nominations, provides that any vacancy in nomination occurring after certification shall be filled at least 45 days before the election for which there is a vacancy (rather than within 8 days after the event creating the vacancy). Provides that, unless a candidate has appealed a civil penalty assessment and the Board has not disposed of the appeal by the certification date, the election authority shall not place upon the ballot the name of any candidate appearing on this list for any office in any election. Provides that any civil penalty paid after the Board certifies the ballot (rather than transmits the list of all candidates whose political committees have not paid any civil penalty) shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. In provisions concerning the delivery of ballots, provides that, if a consolidated primary election is required, vote by mail ballots for the consolidated election shall be mailed no later than 5 business days after the completion of the canvass of the consolidated primary election. Makes other changes.

Creates the Automated License Plate Recognition System Act. Sets forth provisions regarding authorized uses of an automated license plate recognition system, data retention, prohibited uses of an automated license plate recognition system, restrictions, requirements for use, preservation and disclosure, required data collection, reporting requirements, admissibility, privacy, penalties, and a private right of action. Makes a conforming change in the Freedom of Information Act. Effective immediately.

Amends the Workforce Development through Charitable Loan Repayment Act. Changes the definition of "qualified community foundation" to mean a community foundation or similar publicly supported organization that is organized or operating in the State and that (i) for applications submitted before July 1, 2025, substantially complies with the national standards for U.S. community foundations established by the Community Foundations National Standards, (ii) for applications or renewals submitted on or after July 1, 2025 and before July 1, 2026, has received or applied for the Community Foundations National Standards accreditation seal, or (iii) for applications or renewals submitted on or after July 1, 2026, has received the Community Foundations National Standards accreditation seal. Effective immediately.

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

Amends the Illinois Income Tax Act. Creates an income tax deduction in an amount equal to 25% of the amount of the federal tax credit received for a donation of apparently wholesome food. Effective immediately.

Amends the State Prompt Payment Act. Makes technical changes to eliminate obsolete provisions. Provides that, if an agency incurs an interest liability that cannot be charged to the same expenditure authority account to which the related goods or services were charged due to federal prohibitions, the agency may pay the interest from any moneys appropriated to the agency that are not otherwise prohibited to be used for the purpose of paying interest. Provides that, when a State official or agency responsible for administering a contract receives a bill or invoice from a contractor, that State official or agency shall confirm the date on which the bill or invoice was received within 15 business days of receipt and shall transmit any approved amount to the Comptroller within 30 days of receipt. Provides that a State official or agency that is responsible for administering a contract submits a voucher to the Comptroller for payment, the official or agency shall make available electronically the voucher number, the date of the voucher, and the amount of the voucher within 15 days after submitting the voucher to the Comptroller (currently, that information shall be made available promptly).

Creates the State Disability Ombudsperson Act. Creates the State Disability Ombudsperson within the Department of Human Rights. Provides that on or before July 1, 2026, the Ombudsperson shall offer training, outreach, and educational materials and may arrange for the offering of courses open to the public in disability services and training and related topics. Requires the Ombudsperson to provide a toll-free number available during business hours to provide information and resources under the Act. Requires the Ombudsperson to develop a process for receiving and reviewing complaints. Provides that if the Ombudsperson believes that a complaint has reasonable grounds to have been made, establish a procedure for referral to disability rights organizations, community-based services, and legal and courtroom advocacy if those services are requested or deemed adequate. Requires the Ombudsperson to submit an annual report to the General Assembly. Authorizes the Department of Human Rights to adopt rules to implement the Act. Makes other changes.

Creates the Social Media Age Restriction Act. Provides that an operator of a social media platform shall take reasonable steps, including the implementation of an age assurance system, to prevent a child from creating or maintaining an account on the social media platform. Provides that an operator may enter into an agreement with application distribution services or device manufacturers to allow for user information to be shared for age assurance purposes. Provides that the provision does not apply to a parent or guardian who allows a child to use an account held by the parent or guardian. Sets forth provisions concerning a 30-day cure period and civil penalties. Provides that an operator shall have 180 days after the effective date of the Act to comply with the requirements of the Act. Effective immediately.

Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately.

Creates the Short Line Railroad Modernization Act. Creates an income tax credit for taxpayers that incur qualified railroad expenditures or qualified new rail infrastructure expenditures. Sets forth the amount of the credit and limitations on the amount of the credit that may be awarded. Amends the Illinois Income Tax Act to make conforming changes. Effective immediately.

Amends the University of Illinois Act. Provides that a county is entitled to a scholarship in the University of Illinois for the benefit of the children of persons who served in the armed forces of the United States any time on or after August 2, 1990 and until Congress or the President orders that persons in service are no longer eligible for the Kosovo Campaign Medal or the Armed Forces Expeditionary Medal.

Amends the Illinois Act on the Aging. Provides that, subject to federal approval, on and after January 1, 2027, rates for in-home services shall be increased to $33.92 to sustain a minimum wage of $20.75 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates put into effect upon federal approval. Provides that in order for a provider of in-home services to be eligible to receive the $33.92 rate, the provider must pay a minimum wage of $20.75 per hour to all direct service workers employed by the provider. Requires providers of in-home services to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Requires each provider of in-home services to submit cost reports to the Department consistent with a specified administrative rule in order to be eligible for the $33.92 rate for in-home services. Provides that fringe benefits shall not be reduced in relation to the described rate increases. Requires the Department, beginning January 1, 2027, to ensure that each in-home service provider spends a minimum of 79% of the total payments the provider receives for home care aide services it furnishes under the Community Care Program on total compensation for direct service workers who furnish those services. Requires annual direct service worker cost reports from providers; and requires the Department to amend existing rules on financial reporting and minimum direct service worker costs to reflect the increase in the direct service worker spending requirement from 77% to 79%.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department may disclose information collected in the course of an examination of a licensee or registrant to the Office of the Executive Inspector General. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act and the Retailers' Occupation Tax Act. Provides that, as used in each Act, "adult use cannabis" means cannabis subject to tax under the Cannabis Cultivation Privilege Tax Law and the Cannabis Purchaser Excise Tax Law. Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, beginning July 1, 2026 cultivation centers registered under this Act are subject to regulation exclusively as a cultivation center under the Cannabis Regulation and Tax Act. Amends the Illinois Vehicle Code. Provides that no driver or passenger, otherwise authorized to possess medical cannabis, may within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant container that is inaccessible. Makes other changes. Effective immediately.