Sen. Laura Ellman

Amends the Illinois Controlled Substances Act. Provides that the law concerning limitations on the over-the-counter sale of ephedrine without a prescription does not apply to the sale of any product dispensed or delivered by a practitioner or pharmacy according to a prescription issued by a prescriber authorized by the State or another state for a valid medical purpose and in the course of professional practice.

Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.

Amends the Illinois Vehicle Code. Requires every applicant for the renewal of a driver's license who is 79 years or older to renew in person. Requires every applicant for the renewal of a driver's license who is 87 years of age or or who is 75 years of age or older and holds a commercial driver's license to prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle. Allows an immediate family member to submit information to the Secretary of State relative to the medical condition of a person if the condition interferes with the person's ability to operate a motor vehicle safely. Requires information to be submitted in writing in a manner and form approved by the Secretary and shall include the name of the person submitting the information. Prohibits the Secretary from accepting or acting on anonymous reports. Makes other changes. Effective July 1, 2026.

Amends the Department of Early Childhood Act. Expands the definition of "eligible infants and toddlers" to list infants having a birth weight less than 1,000 grams. Requires the Department of Early Childhood, as the designated lead agency to administer the system of early intervention services on and after July 1, 2026, to develop informational materials and handouts for hospitals to distribute to the parents or legal guardians of severely premature infants, explaining that infants having a birth weight of less than 1,000 grams automatically qualify for early intervention services up until their 3rd birthday. Provides that the informational materials and handouts shall also contain information on the benefits of early intervention services for severely premature infants, the website addresses and phone numbers that parents and legal guardians can access to obtain more information on early intervention services, and the contact information of the early intervention regional intake entity designated to coordinate services for eligible infants. Requires the statewide system of coordinated, comprehensive, interagency and interdisciplinary early intervention programs to include in its public awareness program, a special focus on the early identification of infants who automatically qualify for early intervention services on account of having a birth weight less than 1,000 grams. Amends the Hospital Licensing Act. Requires hospitals to distribute, free of charge, to the parents or legal guardians of each severely premature infant having a birth weight of less than 1,000 grams informational materials and handouts developed by the Department of Early Childhood on the availability of early intervention services for severely premature infants. Requires a nurse or physical therapist to review the proffered materials with the infant's parents or legal guardians prior to discharge and explain that premature infants having a birth weight of less than 1,000 grams automatically qualify for early intervention services up until their 3rd birthday, including speech, physical, occupational, and other therapies.

Amends the Courses of Study Article of the School Code. In provisions concerning bullying and cyber-bullying, provides that bullying includes posting or distributing sexually explicit images. Provides that, beginning with the 2026-2027 school year, the term "cyber-bullying" includes the posting or distribution of a digital replica by electronic means. Defines "artificial intelligence", "digital replica", and "generative artificial intelligence". Effective July 1, 2026.

Amends the Crematory Regulation Act. Requires the Department of Natural Resources to designate scattering areas for the deposition of cremated remains in Illinois rivers in accordance with a Department-granted permit.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any seller of accident insurance or health insurance to solicit individuals who are residents of a nursing home or long-term care facility or individuals who are over the age of 65, unless the seller: (1) does not require a purchasing decision in the first communication to the potential enrollee; (2) advises the potential enrollee of the benefit of examining the potential enrollee's current insurance plan and discussing any changes with a family member, friend, or other advisor before making any decisions; (3) provides a phone number that may be called if the potential enrollee or the potential enrollee's family members, friends, or other advisors have any questions; and (4) allows the potential enrollee to opt out of any future communications with the seller. Provides that it is also an unlawful practice for any seller or provider of accident insurance or health insurance to enter into or amend an insurance policy with a person who: (1) is over the age of 65 and who has executed a power of attorney to give another person authority over medical decisions; or (2) has a medical condition, such as dementia, that would reduce the person's capacity to make informed decisions independently. Provides that the provision does not apply to a new insurance policy or an amendment to an insurance policy that is agreed to by a person with a lawfully executed power of attorney relating to the enrollee or potential enrollee's health or financial matters.

Amends the Environmental Protection Act. In a provision regarding operator certification for sewage works, provides that the Environmental Protection Agency shall establish a provisional wastewater operator certification program by which a person who does not possess a high school diploma or its equivalent may act as a provisional wastewater operator under a provisional wastewater operator certificate. Allows the Agency to adopt rules. Amends the Public Water Supply Operations Act. In a provision regarding community water supply operator certification, provides that the Environmental Protection Agency shall establish a provisional community water supply operator certification program by which a person who does not possess a high school diploma or its equivalent may act as a provisional community water supply operator under a provisional community water supply operator certificate. Allows the Agency to adopt rules.

Amends the Illinois Local Library Act and the Public Library District Act of 1991. Authorizes costs paid by persons residing outside of the relevant library jurisdiction to be paid quarterly or biannually if permitted by board regulations. Effective immediately.

Amends the Illinois Banking Act. In provisions concerning the penalty for misleading practices and names, changes the civil penalty that may be imposed to the maximum amount otherwise permitted under specified provisions, $100,000 for each violation (rather than $10,000 for each violation). Provides that the remedies provided in those provisions are in addition to, not to the exclusion of, any other remedies available under the law. Defines terms. Makes other changes.