It’s that time of year again when we explore what our legislature has been up to this past year.
In a case of the state actually trying to be helpful, cocktails to go (first introduced during COVID-19 restrictions) are now permanent, which should be a boon to the restaurant industry. The state created a new license category that allows craft distillers to “self-distribute” without the need to engage a distributor. The new law goes into effect on July 1.
Another helpful law gives the state more power to remove squatters from property that they have no rights in. They will now be treated as trespassers, which will allow the police to remove them right away after a complaint is made.
Perhaps one of the more controversial laws now allows physician-assisted suicide, which goes into effect on Sept. 12. Among other requirements:
•Two doctors must examine the candidate in person and conclude that his or her illness will result in death in the next six months.
•The candidate must have mental capacity, which must be confirmed by a physician.
•A written or oral request, witnessed by two people, must be made.
•The fatal dose must be self-administered.
•The request can be withdrawn at any point.
In a feat of mental gymnastics, the law requires the death certificate to list the cause of death as the underlying terminal disease. Finally, health care providers are not required to participate and can decline to be involved.
A handful of new laws should be of interest to employers who may wish to update their employee handbooks accordingly:
Employees are now allowed a reasonable break to express breast milk each time there is a need. Employers cannot require the use of paid leave or reduce the employee’s compensation.
Companies with more than 16 employees must allow employees to take unpaid leave if they have a child in a neonatal intensive care facility. For those with less than 50 employees it’s 10 days of unpaid leave and 20 days for those with more than 50 employees.
The state may now levy civil penalties under the Illinois Human Rights Act that are in addition to any monetary remedies available to claimants who have been subject to discrimination. The fines are $16,000 for first-time violators, $42,500 for those with one prior violation within the last five years and $70,000 for employers with two or more violations in the last seven years.
Part-time employees are now eligible for paid leave in connection with organ donation, which previously was only available to full-time employees.
The Military Leave Act now requires employers with more than 51 employees to provide paid leave for anyone performing funeral honors, up to eight hours a month and up to 50 hours per calendar year. The employee must be trained to participate in an honor detail and either retired or active duty military, or a member of an organization authorized to provide an honor detail.
The Human Rights Act now regulates employer use of artificial intelligence. It will be a civil rights violation to use AI tools that result in discrimination based on any of the protected categories in connection with hiring, promotion, discipline, termination or other employment terms.
The Illinois Victims’ Economic Security and Safety Act has been amended to provide that an employer cannot discriminate against an employee because the employee used employer-issued equipment to record a crime of violence, including domestic violence and sexual violence, committed against the employee or his or her family.
The Workplace Transparency Act has been expanded to prohibit employment contracts from prohibiting employees from “engaging in concerted activity to address work-related issues.”
In terms of education, several new laws are of interest. First, colleges must now publish the costs of attendance for the last 10 years which is the state’s attempt to give students a better understanding of the costs of attending college. Second, a new law requires the State Board of Education to develop guidelines for the use of AI in elementary and secondary education. Third, seventh and eighth-graders may now enroll in high school courses if offered by the high school they will attend. Fourth, higher education institutions are now required to adopt a policy to provide for credits to be given to those who have engaged in firefighting training. Finally, Illinois schools are now prohibited from denying enrollment or educational services to students or staff due to actual or perceived immigration status. Schools may not collect or share immigration information and must develop guidelines for law enforcement visits, including requiring a judicial warrant for immigration-related entries.
One of the more common-sense laws will prohibit law enforcement agencies from requiring a waiting period before acting on a missing person report. Another common-sense law aims to protect victims of domestic violence, sexual assault or stalking by allowing them to end leases early without penalty when staying at the property could expose them to dangerous circumstances.
Finally, good news for outdoor enthusiasts – free deer tags must be granted to landowners with at least 20 acres in counties where the Department of Natural Resources has identified chronic wasting disease, and the requirements for nuisance permits have been loosened.
In a related development, the Safe Gun Storage Act prohibits gun owners from storing weapons in an unsecured way in any location where they know it could be accessed by a minor, a person at risk of harming themselves or others or by a person prohibited from possessing a firearm. Gun owners must keep their weapons in a locked container that makes them inaccessible or unusable by anyone other than the owner. Violators are subject to a fine of as much as $10,000. Lost or stolen guns must also be reported to the police within 48 hours.
This article appears in February SBJ 2026.