Illinois

Amends the Environmental Protection Act. Defines "battery storage resource" and "total State-installed generation capacity". Provides that no variance, adjusted standard, or other regulatory relief otherwise available in the Act may be granted to the emissions reduction and elimination obligations in the amendatory provisions if battery storage resources constitute at least 10% of the total State-installed generation capacity in the State. Provides that, if battery storage resources constitute less than 10% of the total State-installed generation capacity at any time after the effective date of the amendatory Act, the Environmental Protection Agency shall delay enforcement of certain timelines and relieve generators of their obligation not to exceed their existing emission levels. Provides that, for a large GHG-emitting unit that uses gas as a fuel and is subject to certain restrictions within the provisions concerning greenhouse gases, the unit may exceed its existing emissions during run hours dispatched by a regional transmission organization during emergency, pre-emergency, or conservative operations or run hours that are required to maintain system reliability. Makes other changes. Effective immediately.

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, continuous service offers, and free trial or promotional period offers entered into online, including requiring an entity to provide a one-step online cancellation link. Makes other changes.

Amends the Illinois Pesticide Act. Provides that, except as expressly authorized under specific provisions of the Act, no person shall distribute, sell, offer for sale, or use in the State any herbicide product containing paraquat dichloride or any other chemical form of paraquat. Requires all persons that use, distribute, or sell paraquat in this State to report certain information to the Department of Agriculture. Directs the Department of Agriculture to adopt any rules necessary to implement and administer these provisions. Effective immediately.

Amends the Illinois Controlled Substances Act. Provides that the Prescription Monitoring Program does not apply to testosterone, mifepristone, misoprostol, GnRH analogues, or estrogen. Provides that the Department of Human Services shall purge from the records of the Prescription Monitoring Program all existing information concerning the prescribing or dispensing of testosterone, including any such information contained in the central repository or database, on or before January 1, 2027, and shall ensure that no further records concerning the prescribing and dispensing of testosterone are created or maintained by the Prescription Monitoring Program. Provides that the Department shall update and adopt rules consistent with the provision no later than January 1, 2027. Effective immediately.

Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners in full if the facility adversely affects the flow of water within the landowner's land, land adjoining landowner's land, or drainage district land, including, but not limited to, by affecting a drainage tile. Provides that the compensation shall be determined by the Department of Agriculture.

Amends the School Code. Provides that a school board shall, upon passage of a referendum after submission of a petition signed by no less than 8% of the school district's voters in the last consolidated election, or may, by resolution, enter into a joint agreement with other school boards to share the services of a superintendent or other administrator. Provides that any savings realized by sharing services must be divided equally between classroom needs and property tax relief. Provides that a school district wishing to withdraw from the joint agreement shall obtain from its school board a written resolution approving the withdrawal and shall present a petition for withdrawal to the other member school districts within the timelines designated by the joint agreement if the school district entered into the joint agreement by resolution. Provides that a school district wishing to withdraw from the joint agreement shall submit to the voters of the district the question of whether the school district shall withdraw from the joint agreement if the school district entered into the joint agreement by a referendum vote (also provides for a referendum upon submission of a petition).

Creates the Statewide Hate Crime Information Act. Provides that the Illinois State Police shall compile and maintain information about hate crime and shall adopt a uniform reporting format for the entry of pertinent intelligence information regarding the report of a hate crime to the Illinois State Police Statewide Terrorism and Intelligence Center. Provides that each law enforcement agency shall: (1) submit a report to the Illinois State Police through the Central Repository after any arrest with probable cause demonstrating the commission of a hate crime; (2) submit reports of persons arrested for hate crimes as soon as the minimum level of data or information specified by the Illinois State Police is available; and (3) notify the applicable prosecutor of any other information in the accused person's history of perpetrating hate crimes. Amends the Code of Criminal Procedure of 1963. Provides that in a criminal prosecution in which the defendant is charged with a hate crime, evidence of the defendant's commission of another hate crime is admissible and may be considered for its bearing on any matter to which it is relevant.

Amends the Ambulatory Surgical Treatment Center Act. Removes a provision which provides that, in ambulatory surgical treatment centers, anesthesia service shall be under the direction of a physician who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. Specifies that with respect to anesthesia service in an ambulatory surgical treatment center, a certified registered nurse anesthetist shall seek consultation regarding development of an anesthesia plan and treatment of patients as is appropriate to the certified registered nurse anesthetist's level of expertise and scope of practice and as is warranted by the needs of the patient. Removes a requirement that an anesthesiologist participate through discussion of and agreement with the anesthesia plan and remain physically present and be available on the premises. Provides that a certified registered nurse anesthetist with clinical privileges may perform acts of advanced assessment and diagnosis and may provide such functions for which the certified registered nurse anesthetist is educationally and experientially prepared. Makes conforming changes to the Hospital Licensing Act. Amends the Medical Practice Act of 1987. Provides that a written collaborative agreement shall be adequate with respect to collaboration with certified registered nurse anesthetists if all of the following apply: (1) the agreement is written to promote exercise of professional judgment by the certified registered nurse anesthetist commensurate with his or her education and experience; (2) the certified registered nurse anesthetist provides service based on a written collaborative agreement with the collaborating physician; and (3) methods of communication are available with the collaborating physician in person or through telecommunications for consultation, collaboration, and referral as needed to address patient care needs. Amends the Nurse Practice Act. Provides that an Illinois-licensed advanced practice registered nurse certified as a certified registered nurse anesthetist shall be deemed by law to possess the ability to practice without a written collaborative agreement. Sets forth requirements of a certified registered nurse anesthetist. Makes conforming changes in the Illinois Dental Practice Act. Effective immediately.

Amends the Personnel Code. Provides that a veteran is qualified for a preference of 5 points if the veteran served in active service for a total consecutive or non-consecutive period of at least 3 years, including as a member of the Illinois National Guard in service to the State of Illinois and including for training or other purposes. Adds a definition.

Creates the Medical Assistant Practice Act. Provides that the Department of Financial and Professional Regulation shall issue credentials for Registered Medical Assistants (RMA-IL) and Licensed Medical Assistants (LMA-IL). Provides that an applicant for registration as a Registered Medical Assistant (RMA-IL) shall be at least 18 years of age; complete not less than one academic year of approved education; pass a Department-approved examination; and meet the requirements established by rule. Provides that an applicant for licensure as a Licensed Medical Assistant (LMA-IL) shall meet all requirements for registration as a RMA-IL; complete not less than 2 academic years of approved education; pass a Department-approved licensure examination; and meet the requirements established by rule. Sets forth provisions concerning examinations; education and training programs; transition; experienced-based education credit; renewal and continuing education; and rulemaking. Effective July 1, 2026.

Amends the Title Insurance Act. Makes changes to defined terms. Prohibits any person from acting as a title insurance agent unless that person: (i) has been issued a license by the Secretary of Financial and Professional Regulation; and (ii) is registered with the Department of Financial and Professional Regulation by at least one title insurance company to perform core title agent services. Establishes disclosure requirements for criminal or disciplinary action involving a title insurance company, a title insurance agent, or independent escrowee. Requires every title insurance agent to obtain and maintain errors and omissions insurance or its equivalent in an amount that depends on whether the title insurance agent is also acting as an escrow agent. Sets forth provisions concerning requirements for the application of a title insurance agent license. Prohibits any individual, firm, association, partnership, or corporation from operating as a prelicensing or continuing education provider or administering examinations unless the provider holds a certification issued by the Department. Provides that the Secretary may set terms and conditions that a person shall be required to comply with during the term of probation for the person's authorization to operate. Effective immediately.

Amends the Illinois Municipal Code. Deletes a provision concerning the express prohibition of a municipality's adoption of any ordinance or resolution or the exercise of any power that prohibits or has the effect of prohibiting the installation of a solar energy system or low-voltage solar-powered devices. Provides that a municipality may regulate or prohibit the installation of a solar energy system or low-voltage solar-powered devices in a way that is consistent with the municipality's comprehensive plan or zoning authority.

Amends the Illinois Insurance Code. Provides that no insurer licensed to issue a policy of automobile insurance shall fail or refuse to accept an application for that insurance from a person who holds legal title to a motor vehicle but who is unable or not permitted to drive due to a disability, so long as the person identifies a primary driver or drivers.

Amends the Employment of Teachers Article of the School Code with respect to the removal or dismissal of teachers in contractual continued service. In provisions specifying that if a decision of a hearing officer for dismissal or of a school board for dismissal for cause is adjudicated upon review or appeal in favor of a teacher, then the trial court shall order reinstatement and shall remand the matter to the school board with direction for entry of an order setting the amount of back pay, lost benefits, and costs, less mitigation, provides that, post reinstatement, the mutually selected hearing officer shall maintain jurisdiction over the back pay so that the teacher may challenge and the hearing officer may potentially amend the school board's order setting the amount of back pay, lost benefits, interest, and costs, including, but not limited to, attorney's fees, less mitigation, through an expedited arbitration procedure, with the costs of the arbitrator borne by the school board (rather than providing that the teacher may challenge the school board's order setting the amount of back pay, lost benefits, and costs, less mitigation, through an expedited arbitration procedure, with the costs of the arbitrator borne by the school board).

Amends the Illinois Insurance Code. Defines terms. Provides that "insurer" means a company, firm, partnership, association, order, society, or system that is obligated to pay at least part of the cost of repairing the exterior of an insured's motor vehicle under an insurance policy issued by the company, firm, partnership, association, order, society, or system. Provides that an insurer may not direct a body shop to repair an insured's motor vehicle until the insurer or its agent has given the insured written notice that meets certain requirements. Sets forth requirements for the content of the written notice. Provides that an insurer or its agent shall give an insured an opportunity to indicate in writing the type of body parts that the insured approves for use in the repair of the insured's motor vehicle. Provides that an insurer who violates certain requirements commits an improper claims practice. Provides that the requirements of the amendatory provisions apply only for 5 years after the model year of the applicable motor vehicle. Provides that the requirements of the amendatory provisions may be fulfilled on behalf of an insurer by the body shop that is directed by the insurer to repair the applicable motor vehicle. Makes a conforming change.

Amends the Criminal Code of 2012. Increases, by one class, the penalties for the unlawful possession of nitrous oxide or any substance containing nitrous oxide. Increases, by one class, the penalties for intentionally manufacturing, delivering, or possessing with intent to manufacture or deliver nitrous oxide for any prohibited purpose.

Creates the Operating Room Patient Safety Act. Provides that each surgical technologist hired or contracted by a health care facility on or after January 1, 2028 shall meet specified educational, certification, or experiential requirements. Provides that health care facilities located in a Health Professional Shortage Area or Medically Underserved Area, as determined by the federal government, shall be exempt as provided but shall have a hiring preference for surgical technologists who graduated from nationally accredited surgical technology programs and are certified through the National Board of Surgical Technology and Surgical Assisting or the National Center for Competency Testing. Provides that nothing in the Act prohibits a person licensed in the State under any other Act from engaging in the practice for which the person is licensed, including, but not limited to, a physician licensed to practice medicine in all its branches, a physician assistant, an advanced practice registered nurse, or a nurse performing surgery-related tasks within the scope of the nurse's license or registration; or a student or intern from performing surgical technology services under direct supervision, as defined in the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

Amends the School Code. Provides that the statement included in the State Board of Education's list of the identified days and dates of cultural, religious, or other observances shall also encourage schools to avoid, if possible, scheduling significant academic deadlines or major school events on the identified days and dates of cultural, religious, or other observances. Provides that upon the posting and distribution of the list, a district superintendent shall distribute information to all faculty and staff about upcoming days and dates of cultural, religious, or other observances. Requires these days and dates to also be acknowledged and posted on official school or administrative calendars. With respect to a child being excused from attending school because of religious reasons, provides that if the exact date of the absence cannot be determined more than 5 days in advance due to the use of a lunar or other nonfixed calendar, notice of the child's absence shall be given as soon as reasonably possible. Provides that any child excused from attending school because of religious reasons shall be granted reasonable academic accommodations without penalty. Requires a district superintendent's procedures regarding a student's absence for religious reasons to include guidance on adjustments to academic schedules, assignments, or major school events.

Amends the Children with Disabilities Article of the School Code. Provides that, with respect to any State statute or administrative rule that defines a general education classroom to be composed of a certain percentage of students with individualized education programs, such percentage shall exclude students with individualized education programs receiving only speech-language pathology services outside of the general education classroom for a mild speech disorder, provided that the instruction the students receive in the general education classroom does not require modification or accommodation (rather than providing that students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification). Provides that such percentage shall include students with individualized education programs receiving only speech-language pathology services outside of the general education classroom for a moderate to severe speech disorder.

Amends the Petroleum Underground Storage Tanks Title of the Environmental Protection Act. Provides that a municipality or county may, to the same extent as an owner or operator, conduct tank removal, abandonment, site investigation, and corrective action with respect to a petroleum orphan underground storage tank in accordance with the requirements of the Leaking Underground Storage Tank Program, except that a municipality or county does not have to elect to proceed as an owner and the costs shall be eligible for payment from the Underground Storage Tank Fund. Defines "orphan underground storage tank". Makes conforming and other changes in provisions regarding the Underground Storage Tank Fund.

Amends the Counties Code. In provisions concerning the Home Rule County Use Tax Law, provides that, if a home rule county imposes a tax under the Home Rule County Use Tax Law, then the tax shall be collected by the Department of Revenue if the property is purchased at retail from a retailer in any county in this State other than the home rule county imposing the tax. Provides that the tax shall be remitted to the State or an exemption determination must be obtained from the Department before the title or certificate of registration for the property may be issued. Provides that the Department shall have full power to administer and enforce the Home Rule County Use Tax Law, to collect all taxes, penalties, and interest due under the Home Rule County Use Tax Law, to dispose of taxes, penalties, and interest collected under the Home Rule County Use Tax Law, and determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest. Provides that, if the Department determines that a refund shall be made under the Home Rule County Use Tax Law to a claimant instead of issuing a credit memorandum, then the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in the notification from the Department. Provides that, as soon as practicable, the Department shall pay over to the State Treasurer, ex officio, as trustee, for deposit into the Home Rule County Retailers' Occupation Tax Fund, all taxes, penalties, and interest collected under the Home Rule County Use Tax Law. Provides that a certified copy of an ordinance imposing or discontinuing the tax to be collected and enforced by the Department under the Home Rule County Use Tax Law shall be adopted and filed with the Department before the Department shall begin to collect the tax. Provides that the Department shall not begin collection and enforcement under the Home Rule County Use Tax Law before January 1, 2027. Provides that the home rule county that imposed the tax may collect a tax that the Department does not collect.

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Modifies the provisions of the Act to apply to veterans and veteran-owned businesses. Modifies a Section concerning the short title. Changes the title of the Act to the Business Enterprise for Minorities, Women, Veterans, and Persons with Disabilities Act, and makes conforming changes throughout various statutes referencing the title of the Act. Amends the Illinois Procurement Code. Removes a provision concerning procurement preferences for veterans and veteran-owned businesses. Applies administrative penalties for falsely certified businesses to minority-owned businesses, women-owned businesses, veteran-owned businesses, and businesses owned by persons with a disability. Defines terms. Makes conforming changes in various statutes concerning minority-owned businesses, women-owned businesses, veteran-owned businesses, and businesses owned by persons with a disability. Effective immediately.

Amends the Environmental Protection Act. In provisions regarding the regulation of greenhouse gases, defines "heat rate" as the gross amount of energy used by an electric generator or power plant, expressed in British thermal units (Btus), to generate one kilowatt hour (kWh) of electricity, as measured using a 12-month average. In provisions regarding electric generating units and large greenhouse gas-emitting units that have a heat rate greater than or equal to 7,000 Btus/kWh, requires each EGU and large GHG-emitting unit, by no later than January 1, 2035, to reduce its COe emissions by at least 50% from its existing COe emissions as measured using a 12-month gross average in 2034.

Amends the Control Over Building and Construction Article of the Illinois Municipal Code. Provides that a municipality may not prohibit the building or usage of accessory dwelling units in the municipality. Provides that a municipality may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Limits home rule powers. Defines terms.