Rep. Dee Avelar

Amends the Cook County Sheriff's Merit Board Division of the Counties Code. Provides that all deputy sheriffs shall be not less than 19 years of age at the time of their appointment (rather than 21 years of age or 20 years of age and have successfully completed 2 years of law enforcement studies at an accredited college or university). Increases the probationary period for deputy sheriff appointees to 15 months (rather than 12 months).

Amends the Department of Public Health Act. Provides that the Breakthrough Therapies for Veteran Suicide Prevention Program Advisory Council created by Public Act 103-8 is continued within the Department of Public Health, with modifications to its duties and composition. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois by repealing provisions regarding the Council.

Creates the Servicemember Education Rights Veneration Act. Requires institutions of higher education (institution) to accommodate service member student's academic military leave and grant prompt readmission when the service member student has not exceeded a cumulative academic military leave period beyond 5 years, provides advance notice of academic military leave to the institution, and provides notice of intent to return to the institution. Requires the institution to readmit a service member student on academic military leave into the next class, classes, or academic year division following the receipt of the notice of intent to return in accordance with the terms of the accommodation. Contains provisions on exemptions to readmission and related reporting requirements on service member students; investigations by the Attorney General's appointed ISERRA Advocate on whether a readmission exemption exists; and other matters. Requires service member students to provide advance notice of pending military service and prohibits institutions from imposing conditions for academic military leave not otherwise imposed under the Act. Contains provisions on military accommodation; academic obligations of service member students; reimbursement for school expenses; academic withdrawal due to military service; rejection of accommodation and the institution's burden of proof; a 5-year military service limitation; records documentation; advance notice requirements on service member students; notice of intent to return; anti-discrimination protections; academic leave for the spouses of servicemembers; Attorney General enforcement authority; remedies; rulemaking authority; and other matters.

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.

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.

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 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 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.