Rep. Jen Gong-Gershowitz

Amends the Adult Protective Services Act. In provisions concerning financial exploitation of an eligible adult, provides that a court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court makes certain findings, including, but not limited to, that an immediate and present danger of exploitation of the eligible adult exists, there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law, there is a substantial likelihood of success on the merits, and the threatened injury to the eligible adult outweighs possible harm to the respondent. Sets forth the types of injunctive relief a court might grant, including, but not limited to, freezing the eligible adult's assets or lines of credit, awarding the eligible adult temporary exclusive use and possession of his or her dwelling, if shared with the respondent, and providing directives to law enforcement. Contains provisions on the scope and effect of an ex parte temporary injunction and the grounds for its denial. Sets forth factors a court will consider to determine whether there are reasonable grounds to believe an eligible adult is or is in imminent danger of becoming a victim of financial exploitation; notice of petition and injunction; final hearings on a petition; final cost judgments against a respondent; the transmittal of petitions, financial affidavits, hearing notices to the county sheriff or law enforcement agency; court certification of all orders issued, changed, continued, extended, or vacated subsequent to the original petition, notice of hearing, or temporary injunction; the enforcement of injunction violations through a civil or criminal contempt proceeding; judgment damages against a petitioner; modification or dissolution of injunction; substitute service for unascertainable respondent whose identity cannot be ascertained or whose identity is unknown; and other matters.

Amends the School Code. Provides that, on or before the 2026-2027 school year, each school board shall adopt and implement a wireless communication device policy that: (1) prohibits a student from using a wireless communication device during instructional time, except as otherwise provided; and (2) includes guidance for secure and accessible storage of wireless devices during instructional time. Provides that the policy may not prohibit a student from using a wireless communication device during instructional time: (1) when a teacher or instructor has authorized the student to use a wireless communication device for educational purposes; (2) in an emergency or in response to an imminent threat to the health or safety of an individual; (3) when a licensed physician determines that the possession or use of a wireless communication device is necessary for the health or well-being of the student; or (4) to fulfill an Individualized Education Plan or a Section 504 plan developed under Section 504; or (5) when the wireless communication device is necessary for students who are English learners to access learning materials. Prohibits a district from enforcing the policy through fees, fines, the deployment of a School Resource Officer, or local law enforcement officer. Requires each school board to review the effectiveness of its wireless communication device policy at least every 3 years.

Amends the Genetic Information Privacy Act. Provides that the use of genetic testing, biomarker testing, or both (rather than only genetic testing), and the information derived from testing is confidential and privileged and may be released only to the individual tested and persons specifically authorized in writing by the individual tested to receive the information. Provides that an insurer may not seek information derived from genetic or biomarker testing (rather than only genetic testing) for use in connection with a policy of accident or health insurance (unless the individual voluntarily submits the results and the results are favorable to the individual), for nontherapeutic purposes, or for underwriting purposes. In provisions concerning the use of testing information by employers, provides that an employer may release genetic testing or biomarker testing information (rather than only genetic testing information) under specified circumstances. Limits an employer's use of genetic information, genetic testing, biomarkers, and biomarker testing (rather than only genetic information and genetic testing). In provisions concerning testing, provides that no person may disclose or be compelled to disclose the identity of any person upon whom a genetic test or biomarker test (rather than only genetic test) is performed or the results of a genetic test or biomarker test (rather than only genetic test) in a manner that permits identification of the subject of the test, except to the persons specified in the Act. Limits the concurrent exercise of home rule powers. Defines "biomarker" and "biomarker testing". Makes other and conforming changes.

Amends the Illinois Administrative Procedure Act. Provides that parties, their attorneys, or their other agents appointed to receive service of process must receive notice of a contested hearing and final decision or order. Deletes a requirement that a party and attorney of record must request a copy of the final decision and order. Amends the Code of Civil Procedure. Provides that service to a party of a decision in a final administrative review must be served as provided in the Illinois Administrative Procedure Act instead of by the United States Postal Service. Provides that the decision must also be sent to the party's attorney or agent. Effective immediately.

Amends the Illinois Power of Attorney Act. Deletes two reasons for which it is deemed reasonable cause for a third party to refuse to honor a power of attorney for property: (i) the refusal by the agent to provide a copy of the original document that is certified to be valid by an attorney, a court order, or governmental entity; and (ii) the refusal of the principal's attorney to provide a certificate that the power of attorney is valid.

Amends the School Code. Beginning with the 2026-2027 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.

Maddy summarySB 318 is a procedural bill that makes a technical correction to the short title of the Illinois Fairness in Lending Act. It does not change any substantive lending rules or affect borrowers, lenders, or consumer protections. The bill simply updates the official name reference within the existing law to ensure consistency in legal documents. This is a minor administrative adjustment with no new policy implications.

Provides that the Act may be referred to as the Safeguards to Ensure Continuity and Uphold Rights and Equity (SECURE) Act. Sets forth several legislative findings, including that (i) Illinois retains a non-delegable duty to safeguard the safety, health, dignity, and well-being of all youth in the care or custody of the Department of Children and Family Services, and (ii) the Department must respect and meaningfully consider a youth's expressed preferences in placement options while conducting transparent, individualized risk assessments. Amends the Children and Family Services Act. Adds provisions concerning case plans for youth in care and the specific tasks and responsibilities a caregiver must complete to ensure each youth is provided with safe, proper, and supportive care based on the youth's needs and best interests, including, but not limited to, the youth's protected characteristics as defined under the Illinois Human Rights Act. Contains provisions concerning requirements for interstate placements of youth age 8 or older, including, but not limited to: protecting a youth's access to lawful health care and civil immunities for Department employees who protect a youth's access to lawful health care; individualized assessments on the suitability and risks of the proposed interstate placement; ongoing Illinois-based case worker contact and monitoring; and a prohibition on consent to conversion therapy. Contains provisions on youth requested in-state or out-of-state placement and other related matters; annual Department reports on out-of-state placements; performance audits; private right of action; and other matters. Amends the Child Care Act of 1969 by adding provisions on supportive care for youth in care; youth-directed placement rights; licensure and contractual compliance. Amends the Juvenile Court Act of 1987. Adds provisions on the appointment of an attorney for a youth in care with special needs; required Department attestations on caregiver conduct when a youth is placed in an out-of-state residential treatment center; assessments and monitoring for minors in out-of-state placements; and other matters. Effective July 1, 2027.

Creates the Transparency in Downcoding Act. Provides that the Act applies to certain policies of health insurance amended, delivered, issued, or renewed on or after the effective date of the Act, except for employee or employer self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974 and health care provided pursuant to the Workers' Compensation Act or the Workers' Occupational Diseases Act. Prohibits a health insurance issuer from using an automated process, system, or tool to downcode a claim; from downcoding a claim based solely on the reported diagnosis codes; and from using downcoding practices in a targeted or discriminatory manner against physicians who routinely treat patients with complex or chronic conditions. Requires downcoding decisions to be made by a physician licensed to practice medicine in all its branches in any United States jurisdiction and of the same or similar specialty as a physician who typically manages the medical condition or disease. Sets forth provisions concerning notification requirements for downcoded claims; the appeal process for downcoded claims; enforcement by the Department of Insurance; and penalties. Provides that any pattern or practice of discriminatory downcoding identified by the Director of Insurance or another regulatory authority shall be subject to enforcement actions, including fines, restitution, or suspension of the health insurance issuer's license in this State. Effective immediately.

Amends the Hospital Licensing Act. Provides that, if a physician determines that an adult patient is so disabled as to be unable to consent to discharge or placement in a facility or a physician reasonably believes an adult patient is a person with a disability in need of a guardian in accordance with the Probate Act of 1975 and there is no family, surrogate decision maker, agent under a power of attorney, trustee, or other close friend who is ready willing and able to assist that adult patient, then the hospital shall notify the Office of State Guardian and the public guardian of the county where the patient resides. Amends the Nursing Home Care Act. Requires a facility to notify the Office of State Guardian and the public guardian in the county where the patient resides before executing a contract in specified circumstances where the patient has diminished capacity. Amends the Probate Act of 1975. Includes private professional guardians as individuals who may act as guardians. Establishes standards for private professional guardians before appointment. Requires a private professional guardian who serves as guardian for 15 or more persons with disabilities to be certified as a National Master Guardian by the Center for Guardianship Certification and imposes other requirements, including background checks. Sets forth provisions concerning private professional guardians as successor guardians and the removal of private professional guardians who fail to comply with the specified requirements.