Rep. Anne Stava

Amends the Illinois Food, Drug and Cosmetic Act. Provides that, beginning January 1, 2027, a person or entity shall not manufacture a food product for human consumption that contains brominated vegetable oil, potassium bromate, propylparaben, or red dye 3. Provides that, beginning January 1, 2028, a person or entity shall not sell, deliver, distribute, hold, or offer for sale a food product for human consumption that contains any of those substances. Provides that a person or entity that violates the prohibition shall be liable for a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, with enforcement by the Attorney General or a State's Attorney. Makes a conforming change.

Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately.

Amends the Affordable Housing Planning and Appeal Act. Requires non-exempt local governments to provide residents with notice and the opportunity for comment at a public hearing prior to adopting an affordable housing plan. Requires a non-exempt local government to provide proof of its compliance with the notice and public hearing requirements when it submits a copy of its affordable housing plan to the Illinois Housing Development Authority. Expands the list of information that must be provided in the affordable housing plan to include, (i) an identification of "specific lands" (rather than "lands") within the jurisdiction that are most appropriate for the construction of affordable housing, (ii) proposed timelines to commence "specific actions and deadlines" (rather than "actions") to implement the components of the affordable housing plan, and (iii) incentives, including certain measures to address the need for affordable housing, that the local government may provide for the purpose of attracting affordable housing. In a provision permitting certain persons to appeal a local government's denial of a proposed affordable housing plan, expands the list to include a service provider that is under contract to provide services for potential residents of a proposed supportive housing project or community-integrated living arrangement that is included in the proposed affordable housing plan. Contains provisions concerning final actions or decisions by the governing body of the local government on the proposed affordable housing plans; appeal procedures and timelines; and other matters. Expands the Illinois Housing Development Authority's rulemaking authority to include the adoption of rules and regulations concerning the substance of affordable housing plans consistent with the changes made in the amendatory Act.

Maddy summaryHouse Bill 3781 amends the Sprayed Fire-Resistant Material Applicator Act. This bill directly affects individuals and businesses that apply sprayed fire-resistant materials. Its main provision sets a maximum limit, ensuring that no fee established under this Act will exceed $25. This change is scheduled to take effect on July 1, 2025.

Amends the Illinois Insurance Code. Makes changes to defined terms. Provides that a group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after January 1, 2026 shall provide coverage for evidence-based cancer imaging for individuals with an increased risk of cancer as recommended by the current National Comprehensive Cancer Network clinical practice guidelines. Provides that this coverage shall be provided without cost-sharing, and the requirements of the Act shall not apply to the extent that providing coverage would disqualify a high-deductible health plan from eligibility for a health savings account.

Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly and intentionally transmits obscene material by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older commits a trespass and is liable to the recipient of the obscene material for actual damages or $500, whichever is greater, in addition to reasonable attorney's fees and costs, if the person who receives the obscene material has not consented to the receipt of the obscene material or has expressly forbidden the receipt of the obscene material and if a reasonable person who receives the obscene material would suffer emotional distress as a result of the receipt of the obscene material. Authorizes the court to enjoin and restrain the defendant from committing such further acts. Provides that "obscene material" means material, including, but not limited to, images depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, or depicting the exposed genitals or anus of any person, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. Provides that the Act does not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another, (ii) any service that transmits material, including an on-demand, subscription, or advertising-supported service, (iii) a health care provider that transmits material for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the obscene material is transmitted from or where the obscene material is received or possessed by the plaintiff.

Amends the Environmental Protection Act. Specifies that the Act shall not apply to non-community water supplies, except for purposes of: (1) the Environmental Protection Agency's implementation of the Safe Drinking Water Act; (2) the Pollution Control Board's adoption of rules that expressly pertain to non-community water supplies or all public water supplies; or (3) any provisions of the Act or rules adopted by the Board under the Act that are referenced in, or applicable to, non-community water supplies under the Illinois Groundwater Protection Act and rules adopted by the Department of Public Health under that Act. Amends the Illinois Groundwater Protection Act. Authorizes the imposition of administrative and civil penalties. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires hospitals and birthing centers to adopt and maintain written policies and procedures authorizing a patient enrolled in the medical assistance program to select an Illinois Medicaid certified and enrolled doula of the patient's choice to accompany the patient within the facility's premises for the purposes of providing support before, during, and after labor and childbirth, and during the patient's entire postpartum stay. Provides that the doula shall be considered part of the patient's care team and shall not be counted as a support person or against any guest quota. Requires hospitals and birthing centers to provide a written copy of their policies and procedures to maternity patients, the facilities' maternity health care providers, and any other person at the patient's request. Requires publication of the written policies on each facility's website. Contains provisions concerning hospital and birthing center liaisons and doulas certification acknowledgment requirements. Permits the Department of Healthcare and Family Services and the Department of Public Health to establish standing recommendations to meet Centers for Medicare and Medicaid Services requirements and ensure access to preventive services, including Medicaid-covered maternal and reproductive health supports and services.

Amends the Zoning Division of the Illinois Municipal Code. Removes a provision giving the corporate authorities in each municipality the power to classify, to regulate, and to restrict the use of property on the basis of family relationship. Provides that the powers enumerated in provisions relating to zoning powers of a municipality may not be used in any way that violates or otherwise contradicts any other applicable State or federal law, including the federal Fair Housing Act and the Americans with Disabilities Act. Prohibits a municipality from adopting zoning regulations that prohibit 2 or more individuals who are not related by blood from living together in the same residence. Provides that a municipality may not adopt zoning regulations that prohibit the creation of a community-integrated living arrangement or housing for a community-integrated living arrangement. Limits home rule powers.

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.