Sen. Mike Simmons-Gessesse

Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforcement of the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking, taxes, fees, zoning, labeling, and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Amends the Freedom of Information Act to exempt specific records from disclosure. Effective immediately.

Amends the Criminal Code of 2012. Provides that it is unlawful for any person to store or leave a firearm outside of that person's immediate possession or control unless the firearm is unloaded and secured in a lock box or container in a manner that renders it inaccessible to anyone but the owner or another lawfully authorized user. Eliminates provisions that the offense only is applicable if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owner's Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm. Eliminates that the provisions concerning storage of firearms do not apply: (1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or (2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person. Defines "immediate possession or control". Effective January 1, 2025.

Creates the Small Business Economic Incentive Act. Provides that at least 50% of the dollar value of all economic incentives awarded to businesses by the State or by any State agency on or after January 1, 2025 shall be awarded to businesses with 50 or fewer full-time employees. Effective January 1, 2025.

Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.

Amends the Criminal Identification Act. Creates procedures for a medical facility, physician, or nurse to report a sexual assault when the sexual assault survivor requests treatment at the medical facility.

Amends the Environmental Protection Act. Defines terms. Provides that, beginning January 1, 2025, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Exempts specified entities from the prohibition until one year after the amendatory Act's effective date. Effective immediately.

Amends the Nursing Home Care Act. Provides that a facility shall not take any retaliatory action against a resident of the facility because the resident (1) complains, discloses, or threatens to disclose to a supervisor, a public body, or any other person an activity, inaction, policy, or practice implemented by a facility that the resident reasonably believes is in violation of a law or rule, or regulation or that the resident believes to be problematic; (2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator; (3) assists or participates in a proceeding to enforce the provisions of the Act; (4) seeks assistance for himself or herself or others to transition to independent living or another setting outside of their current nursing home; (5) makes a request of the facility related to the resident's care; (6) becomes a member of a resident council, resident union, or similar organization; or (7) takes any other good faith action in support of any other right or remedy provided by law. Describes remedies that may be awarded to a resident of a facility for a violation of these requirements. Authorizes a claim of retaliation under the Act to be filed in any court of competent jurisdiction or any administrative hearing process conducted by the State and its agencies or departments with jurisdiction to hear complaints by employees or residents against nursing homes.

Amends the Environmental Protection Act. Provides that, by January 1, 2024, the Environmental Protection Agency shall propose and, within one year after receipt of the Agency's proposal, the Board shall adopt: (1) amendments to the Board's primary drinking water standards that will repeal the prohibition on the use of recycled sewage treatment plant effluent under the Illinois Administrative Code and that will make any other revisions to those rules that are necessary to facilitate water reuse in the State; and (2) rules establishing programs for both direct potable and nonpotable reuse of treated wastewater, including rules establishing permitting standards and a permit application process. Effective immediately.

Amends the Landlord and Tenant Act. Provides that if a landlord uses a third-party payment portal to collect rental payments from tenants and if a transaction fee or other charge is imposed through the portal on rental payments made by e-check or other means, then the landlord shall allow the tenant to make rental payments by delivering a paper check to the landlord or the landlord's business office or by means that do not require the tenant to pay the transaction fee or other charge.

Amends the Right of Publicity Act. Grants additional enforcement rights and remedies to recording artists. Provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the Act by another party after having reason to know that the other party is in violation. Defines "artificial intelligence" and "generative artificial intelligence". Changes the definition of "commercial purpose" and "identity".