Sen. Elgie Sims

Creates the Children's Social Media Safety Act. Provides that, no later than January 1, 2028, an operating system provider shall: (1) provide an accessible interface at account setup that requires an account holder to indicate the birth date, age, or both; (2) provide an operator who has requested a signal with respect to a particular user a signal that identifies the user's age by category; and (3) send only the minimum amount of information necessary to comply with the provision. Provides that an operator shall not offer a platform in the State without conducting age verification as required under the Act to determine whether a user is a minor. Provides that, for all users that the operator has actual knowledge to be a minor, the operator shall use specified default settings for the minor. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective January 1, 2027.

Amends the Wholesale Drug Distribution Licensing Act. Defines "virtual wholesale distributor". Provides that every virtual wholesale distributor that engages in virtual drug distribution of prescription drugs shall be licensed by the Department of Financial and Professional Regulation. Provides that a virtual wholesale distributor shall only contract with entities licensed under the Act to take physical possession of prescription drugs if the prescription drugs are being shipped into the State. Sets forth requirements for applicants for a virtual wholesale distributor license. Provides that a virtual wholesale distributor shall ensure that any licensed entity providing distribution services to the virtual wholesale distributor complies with certain requirements. Provides that a virtual wholesale distributor shall not operate out of a location that is a residence or personal dwelling. Makes conforming changes in provisions concerning definitions; unlicensed practice; the expiration of a license; rules and regulations; inspection powers of a pharmacy investigator; restrictions on transactions; wholesaler licensing complaints; violations of the Act; temporary suspension of a license; home rule preemption; and drugs in storage. Makes other changes. Effective immediately.

Creates the Expanded Access to Lung Cancer Screening Act. Provides that the Department of Public Health shall require information and counseling concerning lung cancer screening to be made available to individuals accessing the tobacco quitline. Allows the Department to enter into contracts and agreements and award grants to persons operating the tobacco quitline. Requires the Department to develop signage that discloses referral information for lung cancer screening. Requires the Department to develop an educational insert to accompany the sale of tobacco products and nicotine replacement therapies by retailers. Provides that a retailer of tobacco products or nicotine replacement therapies who intentionally violates these provisions is guilty of a petty offense. Requires the Department to adopt rules. Defines terms.

Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that when the minor is placed in the custody of a suitable relative or other person as legal custodian or guardian or placed in subsidized guardianship of a suitable relative or other person as legal guardian, custody or guardianship continues until the court otherwise directs, but not after the minor reaches the age of 18 years. Provides that when a minor is placed in the guardianship of a probation officer, committed to an agency for care or placement, or committed to the Department of Children and Family Services for care and service, custody or guardianship granted continues until the court otherwise directs, but not after the minor reaches the age of 21 years. Makes other changes. Amends the Probate Act of 1975. Provides that if the minor is a youth in care under the guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987 when the petition for the appointment of a guardian of a minor is filed, the court's determinations and findings shall be made consistent with the court review provisions of the Juvenile Court Act of 1987. Provides that any motion to modify or vacate the appointment of a guardian of a minor who was a youth in care immediately preceding the filing of a petition for the appointment of a minor guardian shall be filed and reviewed pursuant to the supplemental provisions to reinstate wardship of the Juvenile Court Act of 1987. Provides that if custody and guardianship is to be restored to a parent or guardian who was a respondent in the Juvenile Court Act of 1987 case, the court's determinations and findings shall be made consistent with the court review provisions of the Juvenile Court Act of 1987. Defines "youth in care". Effective immediately.

Amends the Nursing Home Care Act. Replaces provisions concerning serious mental illness rescreening. Provides that all persons admitted to a nursing home facility with a diagnosis of serious mental illness shall receive a follow-up visit within 60 days after admission and shall receive a resident review by the Department of Human Services or its designee promptly after a significant change in the resident's physical or mental condition. Provides that the Department of Human Services shall ensure there are no conflicts of interest for pre-admission screeners.

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 Substance Use Disorder Act. Expands the Act to include counseling, referral, and other supportive services for persons with gambling disorders. Requires the Department of Human Services to collaborate with the State Board of Education in the development of instructional resources for substance use or gambling disorder prevention and awareness that may be used by school districts. Permits the Department to cooperate with institutions of higher education in the development of programs on substance use and gambling disorders. Requires the Department to establish a toll-free hotline and website that provides crisis counseling and referral services for families experiencing difficulty related to a gambling disorder. Requires the Department to promote public awareness regarding the impact of gambling disorders on individuals, families, and communities. Makes other changes.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that, if a person provides a service to a consumer and the provision of the service requires entry to the consumer's dwelling or requires the consumer to be present at the consumer's property for the service to be provided, the service provider shall: (1) schedule an appointment with the consumer; and (2) provide the consumer with reasonable notice of an estimated time or range of times during which the service provider will arrive to provide the service. Provides that, if the service provider fails satisfy those requirements or arrive within 30 minutes of the stated time, the service provider shall not charge the consumer any fee or additional charge if the consumer is not present when the service provider arrives. Provides that a violation of the provision constitutes an unlawful practice within the meaning of the Act.

Amends the Courses of Study Article of the School Code. Provides that the school board of a school district that maintains any of grades 9 through 12 is authorized to adopt a policy under which a student enrolled in grade 7 or 8 who is enrolled in the unit school district or would be enrolled in the high school district upon completion of elementary school may enroll in a required high school course, provided that the course is offered by the high school that the student would attend and the student participates in the course where the student attends school as long as the course is taught by a teacher who holds a professional educator license and endorsed for the grade level and content area of the course (instead of just as long as the course is taught by a teacher who holds a professional educator license and endorsed for the grade level and content area of the course).