Illinois

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that diapers for use by infants, children, or adults are exempt from the taxes under the Acts. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor and has been placed on electronic monitoring as a condition of release, that pretrial release shall be revoked upon a finding of probable cause that the defendant has committed a felony that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State. Provides that pretrial detention shall continue pending resolution of the defendant's charges. Provides that the language that states at each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor does not apply to a defendant whose pretrial release has been revoked pursuant to the new provision.

Amends the Automatic Contract Renewal Act. Provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract, where such contract automatically renews, shall provide the consumer with the option to cancel the contract, at any time, using a simple cancellation mechanism in the same medium that the consumer used to consent to the contract. Provides that an entity shall provide a clear and conspicuous notice, in a manner that may be retained by the consumer, of any material change to the terms of a contract containing an automatic renewal offer at least 3 days prior to the change to the terms. Sets forth additional requirements concerning the cancellation of automatic renewal offers and continuous service offers entered into online, including requiring an entity to provide a one-step online cancellation link. Makes other changes.

Amends the Hospital Licensing Act. Requires each hospital licensed under the Act to submit to the Department of Public Health a financial resolution plan with the specified information for the rapid and orderly resolution of finances and operations in the event of material financial distress. Establishes further reporting requirements and penalties. Includes financial resolution plans in the list of information subject to disclosure to the public from the Department. Amends the Illinois Public Aid Code. Sets forth provisions concerning financial reporting requirements for nonexempt hospitals. Provides that, if a hospital has not filed the required information within 45 days after the close of the quarterly reporting period, the Department of Healthcare and Family Services shall suspend specified authorized payments until the Department receives the required information. Provides that the Department may adopt rules, including emergency rules, necessary to implement financial reporting requirements for nonexempt hospitals. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.

Creates the Wetlands Protection Act. Provides that no person may discharge dredged or fill material into a State jurisdictional wetland except with a permit issued by the Department of Natural Resources. Exempts certain activities from the requirements of the Act. Sets forth procedures for individual permit applications and other related procedural requirements. Provides that the Department shall not issue an individual permit unless the Environmental Protection Agency certifies to the Department that there will not be a violation of State water quality standards. Provides that the Department may issue an after-the-fact permit in certain emergency circumstances. Sets forth financial assurance requirements. Authorizes the Department to adopt general permits under the Act. Provides that any person who intends to conduct a regulated activity may do so in accordance with a general permit issued by the Department, which pre-authorizes a category of activities with minimal adverse effects. Provides procedures and requirements regarding preconstruction notifications. Provides that certain entities may establish and operate a mitigation bank or in lieu fee program. Describes procedures and requirements for mitigation banks. Grants the Department rulemaking powers. Provides that the Department shall prepare certain reports and studies. Provides for the review of final decisions of the Department. Provides for investigations by the Department and enforcement by a State's Attorney or the Attorney General. Provides for a civil penalty not to exceed $10,000 per day of violation, with interest after judgment, and with certain costs, fees, and expenses, payable to the Wetlands Protection Fund. Provides that any person may file a complaint with the Illinois Pollution Control Board concerning a violation of the Act, a rule adopted under the Act, a condition of a permit issued under the Act, or an order of the Pollution Control Board issued under the Act. Provides for county and special district stormwater program authorities to control or regulate activities in any wetlands within their jurisdiction. Establishes the Wetlands Protection Fund. Provides that a permit review fee for all permit applications is to be set by the Department by rule. Makes corresponding changes to the State Finance Act. Makes findings. Defines terms. Effective immediately.

Amends the Adoption Act. Requires the following information to be provided to adoptive parents if the child was placed in foster care before adoption: (1) whether the child was in the care of more than one foster home before adoption and the reason why the child was moved from one foster home to another foster home; (2) whether other children lived in the foster home during the time of the child's placement in the foster home; (3) basic information and details about each foster parent who cared for the child; and (4) any developmental milestones that occurred before adoption.

Amends the Illinois Vehicle Code. Provides that a public transit agency may use an electronic rearview monitoring system on commercial motor vehicles owned by the agency as an alternative to the mirror requirements of the Code and the Code of Federal Regulations so long as an exemption to the Code of Federal Regulations granted by the Federal Motor Carrier Safety Administration remains in effect. Provides that the electronic rearview monitoring system shall be equipped with any combination of lens or surface coatings, electrical circuits, or mechanical devices designed to prevent the buildup of ice and water on surfaces that might obstruct the view presented by the electronic rearview monitoring system. Prohibits the electronic rearview monitoring system from being equipped with audio or video recording capabilities or facial recognition software or used in conjunction with facial recognition software.

Amends the State Finance Act. Provides that, if the federal government discontinues, suspends, or limits specialized crisis services for lesbian, gay, bisexual, transgender, queer, and other sexual and gender minority youth and young adults available through the 9-8-8 Suicide and Crisis Lifeline, the Department of Human Services may use moneys in the Statewide 9-8-8 Trust Fund to provide for those discontinued, suspended, or limited specialized crisis services for the duration of the discontinuation, suspension, or limitation. Effective immediately.

Amends the Prevailing Wage Act. Provides that, for purposes of the Act, the term "public works" also includes all private projects that are located in a tax increment financing district and paid for wholly or in part out of public funds, unless the total cost of the project is less than $25,000 or the project is performed in a designated historic district requiring specialty contractors because of that designation.

Amends the Illinois Aeronautics Act. Amends the Illinois Aeronautics Act. Defines "critical infrastructure". Provides that a provision regarding publicly owned or controlled property that is intended or permitted to be used for recreational or conservation purposes does not authorize restricting or limiting the use of unmanned aircraft systems when such usage is by commercial users for business operations in connection with critical infrastructure. Provides that any rules adopted under a provision related to publicly owned or controlled property that is intended or permitted to be used for recreational or conservation purposes shall not: supersede the operation of an unmanned aircraft system by a person or entity for a commercial purpose in compliance with applicable Federal Aviation Administration authorization, regulations, or exemptions; or preclude an individual licensed under the Illinois Professional Land Surveyor Act of 1989 or the Professional Engineering Practice Act of 1989 from operating an unmanned aerial vehicle within the scope of his or her professional practice. Effective immediately.

Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that required hate crime training so Illinois may include material to help officers distinguish hate crimes from other crimes, understand and assist the victims of hate crimes, and ensure the accurate reporting of hate crimes, provides that the Illinois State Police shall biannually review the hate crime training curriculum. Provides the Illinois State Police may consult with the commission on discrimination and hate crimes to update the curriculum as needed. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and the completion of continuing education credits for current law enforcement officers who complete the training.

Creates the Algorithmic Pricing Transparency Act. Provides that any person or entity that sells or offers to sell goods or services through an online platform to consumers in the State shall provide a clear and conspicuous disclosure if the baseline price for a specific consumer is personalized and generated using surveillance pricing. Provides that a consumer may opt out of surveillance pricing and a covered entity shall provide the consumer with a non-personalized baseline price for the goods or services. Prohibits a covered entity from using specified personal information to generate algorithmic pricing. Provides that price changes that are the result of specified allowable conduct are not prohibited under the Act. Exempts insurers and providers of financial services from the requirements of the Act. Provides that a violation of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Preempts home rule. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Restricts private rights of action to enforce the Algorithmic Pricing Transparency Act. Effective January 1, 2028.

Amends the Property Tax Code. Makes changes concerning certifications by the Department of Revenue for the purpose of establishing guidelines and valuations for farmland. Provides that cropland, permanent pasture, and other farmland shall be defined according to guidelines issued by the Department of Revenue (currently, U.S. Census Bureau definitions). Makes changes concerning equalization factors applied to farmland property. In provisions concerning property under a forestry management plan, provides that the Department of Natural Resources shall inform the Department of Revenue of each parcel of land covered by an approved forestry management plan, and the Department of Revenue shall notify each chief county assessment officer of each parcel of land covered by an approved forestry management plan (currently, the Department Natural Resources notifies the Department of Revenue and each chief county assessment officer). Effective immediately.

Creates the Passenger Rail Planning Act. Sets forth intercity passenger rail routes serving or originating in the State. Requires the Department of Transportation to incorporate the aspirational frequencies into the Illinois State Rail Plan and the Long-Range Statewide Transportation Plan. Authorizes the Department to nominate corridors for inclusion in the Federal Railroad Administration's Corridor Identification and Development Program and enter into memoranda of understanding or other cooperative agreements for each identified interstate corridor to provide for shared data, joint investment prioritization, and aligned performance measures and planning schedules. Requires the Department to include a recurring section titled Progress Toward High-Speed and Intercity Passenger Rail within each update to the Illinois State Rail Plan and Statewide Transportation Improvement Program. Requires each Metropolitan Planning Organization in the State to: (1) recognize the target intercity and long-distance passenger rail frequencies; (2) identify relevant rail corridors within or adjacent to the Metropolitan Planning Organization planning area; and (3) include a narrative discussion of how regional transportation investments can support achievement of those frequency targets. Requires the Department and each Metropolitan Planning Organization to consider progress toward the target passenger rail frequencies when developing project prioritization criteria for multimodal investments. Contains other provisions. Effective immediately.

Amends the Assisted Living and Shared Housing Act. Provides that the comprehensive assessment of a patient prior to the patient's admission to an establishment shall be completed by a physician or a nurse practitioner or physician assistant. In provisions concerning licensure of an establishment, changes education requirements for the full-time director of an establishment. Makes changes to the definition of "medication administration" in provisions concerning service requirements. Provides that a licensed health care professional may be employed (instead of may not be employed) by the owner or operator of the establishment, its parent entity, or any other entity with ownership common to either the owner or operator of the establishment or parent entity, including, but not limited to, an affiliate of the owner or operator of the establishment, if the resident chooses to utilize the services of the licensed health care professional working within the scope of the professional's practice. Sets forth provisions concerning an emergency plan and disaster preparedness. Provides that incidents must be reported to the Department of Public Health within 24 hours after the incident or by the end of the next business day. Provides that staff in an establishment may be trained to assist in a nonemergency lift of a resident. Provides that repeated technical infractions by an establishment within a calendar year may result in a Type 3 violation.

Reinserts the provisions of the introduced bill with the following changes. Provides that, in order to be eligible to participate in the non-profit investment pool, a not-for-profit corporation shall: (1) not be on the federal system for award management (SAM) exclusion list; (2) not be on the Chief Procurement Officer's suspensions, debarments, voluntary exclusions, and voluntary non-participation agreements list; (3) not be on the Department of Labor's debarred contractors list; (4) not be on the Illinois Stop Payment List established under the Grant Accountability and Transparency Act; and (5) be an organization with a purpose specified in the provision.

Amends the Environmental Protection Act. Provides that the Underground Storage Tank Fund shall be accessible by owners and operators who intend to remove underground storage tanks installed over 30 years before removal if the eligibility requirements of specified provisions are satisfied and (1) neither the owner nor the operator is the United States Government; (2) the tank does not contain fuel which is exempt from the Motor Fuel Tax Law; (3) the costs were incurred as a result of removing an underground storage tank installed over 30 years prior to removal; (4) the owner or operator registered the tank and paid all fees in accordance with the statutory and regulatory requirements of the Gasoline Storage Act; (5) the owner or operator notified the Illinois Environmental Protection Agency and the Office of the State Fire Marshal of the owner's or operator's intent to remove the underground storage tank; and (6) the costs have not already been paid to the owner or operator under a private insurance policy, other written agreement, or court order.

Amends the Emergency Medical Services (EMS) Systems Act. Makes changes to defined terms. Replaces references to Primary Stroke Centers with Stroke Centers. Provides that a hospital that no longer meets nationally recognized, evidence-based standards for Stroke Centers, loses its Stroke Center certification, or has any change to its designation level shall notify the Department of Public Health and the Regional EMS Advisory Committee within 5 business days. Requires the Department to consult with the State Stroke Advisory Subcommittee for the adoption or deletion of approved stroke designation levels. Provides that the approved stroke designation levels shall coincide with the stroke designation levels recognized by Department-approved certifying bodies. Requires the Department to establish reporting requirements for designated Stroke Centers to capture information using new or existing electronic reporting tools for statewide data collection and certification purposes. Removes provisions concerning previous Stroke Center designations. Makes other changes.

Amends the Community Living Facilities Licensing Act, the MC/DD Act, the ID/DD Community Care Act, the Community-Integrated Living Arrangements Licensure and Certification Act, and the Child Care Act of 1969. Requires the State agencies responsible for licensing facilities under those Acts to adopt, by December 31, 2026, rules requiring a facility to disclose upon initial application for licensure and on a quarterly basis thereafter, whether the facility, its subsidiaries, affiliates, parent companies, or contractual service providers are owned, managed, or contained within a fund owned or managed by an asset management company; and if so, to make certain disclosures about the asset management company's assets, the facility's debt, and other matters. Requires the State agencies to also adopt rules requiring such a facility to provide written notice of transactions and copies of agreements which would (i) sell or otherwise dispose of a material amount of the facility's assets or (ii) transfer control, responsibility, or governance of a material amount of the facility's assets or operations. Prohibits facilities owned or managed by an asset management company from engaging in certain transactions or actions that would result in the facility issuing debt-funded dividends or perform any other similar action causing the facility to become financially distressed. Provides that a violation of these requirements and prohibitions constitutes an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Requires the State agencies to publish disclosures, written notices, and copies of agreements submitted by facilities on the agencies' public websites. Imposes similar requirements and prohibitions on adult day service providers serving individuals with developmental disabilities under the Illinois Act on the Aging and providers of adult developmental training services under the Mental Health and Developmental Disabilities Administrative Act. Effective immediately.

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Reduces the number of members on the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board from 13 to 11, removing one licensed locksmith and one licensed private detective or licensed private security contractor who provides canine odor detection services. Provides that each licensed member of the Board shall have at least 3 years' of experience (instead of 5 years) as a licensee in the professional area in which the person is licensed and be in good standing and actively engaged in that profession.

Amends the Housing Authorities Act. Provides that, unless otherwise required by federal law or regulation, a housing authority shall not establish or implement any rules, policies, or procedures that impose time limits or work requirements as a condition of initial or continued eligibility for any rent subsidy or assistance provided to qualifying tenants of the housing authority or to qualifying individuals through any rent subsidy or other housing assistance program administered by the housing authority. Permits a housing authority to establish, implement, or encourage an applicant or recipient of a rent subsidy or assistance to participate in a voluntary employment or job training program if the program: (1) does not impact the applicant's or recipient's initial or continued eligibility for the rent subsidy or assistance; and (2) has one of the specified goals for program participants, including, but not limited to, (i) increasing personal income, (ii) homeownership, or (iii) expanding employment options. Effective immediately.

Amends the Medical Patient Rights Act. Changes the definition of "patient". Specifies that each patient has the right to be informed of additional information. Adds a right of each patient to be treated with courtesy and respect, to have the patient's human and civil rights maintained, and to have the patient's basic human needs accommodated in a timely manner. Adds a right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made. Adds a right of each patient to continuity and coordination of care among and between all disciplines serving the patient's needs. Adds a right of each patient who receives services from an outside provider to be told the identity of the provider. Updates the right of each patient to privacy and confidentiality, adding that (1) the patient shall be given current information in writing concerning certain aspects of the patient's care, (2) the patient may opt out, either digitally or in writing, from certain sharing of health information, and (3) the patient shall not be denied access to care if opting out. Makes changes to provisions regarding experimental procedures. Effective immediately.

Reinserts the provisions of Senate Amendment No. 1 with the following changes: In provisions regarding a petition for the administration of psychotropic medication and electroconvulsive therapy by court order, provides that service of the petition and notice of the time and place of the hearing upon a respondent may be accomplished by (i) personal service, (ii) handing a copy of the petition and notice to the respondent together with a waiver of personal service, and (iii) if the respondent is confined to a mental health facility, handing a copy of the petition and notice to the respondent, provided the party delivering the petition and notice to the respondent files within 24 hours a verified statement naming the party served and stating the means, place, date, and time of service.

Creates the Prohibition of Nicotine Sales Near Schools Act. Provides that, beginning January 1, 2027, a county or municipality may not permit the sale of nicotine-containing products near a school or day care center, unless (i) a county or municipality has adopted an ordinance or regulation that regulates the sale of nicotine-containing products near a school or day care center before January 1, 2027; (ii) the establishment selling nicotine-containing products is established before January 1, 2027; or (iii) the establishment selling nicotine-containing products was not near a school or day care center when it was established. Defines terms. Limits the concurrent exercise of home rule powers. Effective immediately.

Reinserts the contents of the bill as amended by Senate Amendment No. 1, but removes language providing that in determining whether or not a student has initiated sexual conduct, sexual assault, or attempted  sexual assault or whether to modify an expulsion, the hearing officer, superintendent, and board shall consider whether the student was unable to understand the nature of the student's conduct because of age or disability. Effective immediately.