Rep. Maura Hirschauer

Amends the Digital Library Protection Act. Provides that no publisher shall enter into a contract or license agreement to distribute electronic literary materials to a library that: (1) restricts the library from performing customary operational functions; (2) restricts the library from performing customary lending functions; (3) restricts the library from disclosing the terms of the contract or license agreement to any other library in the State; or (4) requires the library to violate the Library Records Confidentiality Act. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that any contract to license electronic literary materials to a library that includes a provision prohibited under the Act is deemed unenforceable and void. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. 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.

Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Allows a speech-language pathologist to diagnose autism spectrum disorders if: (1) the child is under 3 years of age; and (2) the speech-language pathologist is trained in autism diagnostic evaluation methods as part of the curriculum of an approved program, through worksite training, or through continuing education. Provides that if a diagnosis requires a plan of care that includes elements that are outside the scope of practice of a speech-language pathologist, the speech-language pathologist must refer the patient to the appropriate medical personnel for further evaluation or management. Makes conforming changes in the Medical Assistance Article of the Illinois Public Aid Code, and provisions of the Illinois Insurance Code concerning autism spectrum disorders. Effective July 1, 2027.

Amends the Birth Control Services to Minors Act. Provides that any minor may give effective consent for contraceptive services or supplies and the consent of no other person is required. Provides that for such purposes, a minor is deemed to have the same legal capacity to act and has the same powers and obligations as a person of legal age.

Amends the Court of Claims Act. Creates an administrative process for uncontested claims for vendors arising from contracts with the State. Requires a State agency to confirm or reject an uncontested claim that is from a lapsed appropriation and valued at less than $2,500 within 30 days after being notified in writing by the Attorney General. Provides that if the State agency does not confirm or reject the claim within that 30-day period, then the State agency forfeits the right to reject or contest the claim. Requires the Comptroller, subject to appropriation, then issue payment to the vendor within 30 days of the court entering such an award. Provides that if the court determines that it is unable to process such an uncontested claim because the bill or invoice contains a defect, the court must notify the vendor in writing of the defect no later than 30 days after the bill or invoice was first submitted. Provides that if one or more items on a bill or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved must be transmitted to the Comptroller for payment. Changes the filing fees required under the Act as follows: a fee of $15 for a petition seeking more than $500 but less than $10,000; and $35 for a petition seeking more than $10,000 or more. Requires that the court must allow claimants to submit documentation to amend and cure defects. Makes other changes. Authorizes the Court of Claims to adopt rules to implement the Act.

Amends the School Code. Allows the school board of a school district to use an adopted and verified program for e-learning days district-wide that permits student instruction to be received electronically while students are not physically present on an election day because a school was selected to be a polling place (rather than adopt a research-based program for e-learning days district-wide that shall permit student instruction to be received electronically while students are not physically present because a school was selected to be a polling place). Provides that e-learning days used for this purpose may not be counted in lieu of the district's scheduled emergency days.

Amends the Counties Code. Provides that specified counties may acquire real property for the purpose of creating or preserving affordable housing for persons making up to 150% of area median income annually. Provides that specified counties may enter into agreements to transfer real property with any unit of local government, any school district, or the State for the purpose of creating or preserving affordable housing for persons making up to 150% of the area median income annually. Provides that specified counties may enter into agreements to donate, lease below market rate, or sell below market rate, real property for the purpose of the creation or preservation of affordable housing for persons making up to 150% of area median income annually. Provides that specified counties may undertake any activity permitted by the Affordable Housing Planning and Appeal Act for the purpose of creating, developing, encouraging the development, or preservation of the development of affordable housing for persons making up to 150% of area median income annually. Provides that specified counties may select purchasers and lessors for properties held by the county, a county land bank, or county land trust. Provides that specified counties may encourage and facilitate the creation of affordable housing within the geographic boundaries of the county, including areas within municipalities, by offering financial incentives, including but not limited to grants and loans, and infrastructure improvements, including but not limited to, stormwater detention, public water and sewer improvements, and similar improvement which facilitate increasing the supply of affordable housing units shall be considered improvements for a public purpose, to developers of affordable housing units. Provides that specified counties may enter into agreements with property owners to engage in clearance and remediation activities. Provides that, as part of an agreement, or in return for an infrastructure improvement, a county may impose a restriction on the title of an affordable housing development subject to the agreement that restricts the income level of inhabitants of all or part of the development.

Amends the Evaluation of Certified Employees Article of the School Code. Prohibits an evaluator from using an artificial intelligence tool to assign a numerical score or qualitative rating for any component of a teacher's evaluation or any evaluation task that requires professional judgment. However, allows an artificial intelligence tool to be used to support the evaluator in administrative tasks.

Amends the School Code. Provides that early childhood programs receiving State funds shall restrict suspensions. Provides that the decision to suspend a student in preschool for 3 or more days may only be made by the superintendent of the school district, director of an early childhood program, or their equivalent and that the length of the suspension for any student in preschool may not be longer than the number of days required by the school district or early childhood program to develop and implement a behavior intervention plan or safety plan. Prohibits a student in kindergarten through grade 2 from being expelled unless otherwise required by federal or State law. Provides that the decision to suspend a student in kindergarten through grade 2 for 3 or more days may only be made by the superintendent of the school district and that the length of the suspension for any student in kindergarten through grade 2 may not be longer than the number of days required by the school district to develop and implement a behavior intervention plan or safety plan. Provides that a student who is suspended in excess of 20 school days may be immediately transferred to an alternative program. Provides that a student shall not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. Makes other changes.