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| 1 | | AN ACT concerning State government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Article 5. |
| 5 | | Section 5-5. The Election Code is amended by changing |
| 6 | | Section 1A-50 as follows: |
| 7 | | (10 ILCS 5/1A-50) |
| 8 | | Sec. 1A-50. Electronic Registration Information Center. |
| 9 | | The ERIC Operations Trust Fund. The ERIC Operations Trust Fund |
| 10 | | (Trust Fund) is created as a nonappropriated trust fund to be |
| 11 | | held outside of the State treasury, with the State Treasurer |
| 12 | | as ex officio custodian. The Trust Fund shall be financed by a |
| 13 | | combination of private donations and by appropriations by the |
| 14 | | General Assembly. The Board may accept from all sources, |
| 15 | | contributions, grants, gifts, bequeaths, legacies of money, |
| 16 | | and securities to be deposited into the Trust Fund. All |
| 17 | | deposits shall become part of the Trust Fund corpus. Moneys in |
| 18 | | the Trust Fund are not subject to appropriation and shall be |
| 19 | | used by the Board solely for the costs and expenses related to |
| 20 | | the participation in the Electronic Registration Information |
| 21 | | Center pursuant to this Code. |
| 22 | | All gifts, grants, assets, funds, or moneys received by |
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| 1 | | the Board for the purpose of participation in the Electronic |
| 2 | | Registration Information Center shall be deposited into the |
| 3 | | Elections Special Projects Fund and shall be used by the Board |
| 4 | | solely for the costs and expenses related to the participation |
| 5 | | in the Electronic Registration Information Center pursuant to |
| 6 | | this Code and held in the Trust Fund by the State Treasurer |
| 7 | | separate and apart from all public moneys or funds of this |
| 8 | | State and shall be administered by the Board exclusively for |
| 9 | | the purposes set forth in this Section. All moneys in the Trust |
| 10 | | Fund shall be invested and reinvested by the State Treasurer. |
| 11 | | All interest accruing from these investments shall be |
| 12 | | deposited into the Trust Fund. |
| 13 | | The ERIC Operations Trust Fund is not subject to sweeps, |
| 14 | | administrative chargebacks, or any other fiscal or budgetary |
| 15 | | maneuver that would in any way transfer any amounts from the |
| 16 | | ERIC Operations Trust Fund into any other fund of the State. |
| 17 | | On July 1, 2025, or as soon thereafter as practical, the |
| 18 | | State Comptroller shall direct and the State Treasurer shall |
| 19 | | transfer the remaining balance from the ERIC Operations Trust |
| 20 | | Fund into the Elections Special Projects Fund. Upon completion |
| 21 | | of the transfer, the ERIC Operations Trust Fund is dissolved, |
| 22 | | and any future deposits due to that Fund and any outstanding |
| 23 | | obligations or liabilities of that Fund pass to the Elections |
| 24 | | Special Projects Fund. |
| 25 | | (Source: P.A. 104-2, eff. 6-16-25.) |
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| 1 | | Section 5-10. The State Budget Law of the Civil |
| 2 | | Administrative Code of Illinois is amended by changing |
| 3 | | Sections 50-5 and 50-40 as follows: |
| 4 | | (15 ILCS 20/50-5) |
| 5 | | Sec. 50-5. Governor to submit State budget. |
| 6 | | (a) The Governor shall, as soon as possible and not later |
| 7 | | than the second Wednesday in March in 2010 (March 10, 2010), |
| 8 | | the third Wednesday in February in 2011, the fourth Wednesday |
| 9 | | in February in 2012 (February 22, 2012), the first Wednesday |
| 10 | | in March in 2013 (March 6, 2013), the fourth Wednesday in March |
| 11 | | in 2014 (March 26, 2014), the first Wednesday in February in |
| 12 | | 2022 (February 2, 2022), and the third Wednesday in February |
| 13 | | of each year thereafter, except as otherwise provided in this |
| 14 | | Section, submit a State budget, embracing therein the amounts |
| 15 | | recommended by the Governor to be appropriated to the |
| 16 | | respective departments, offices, and institutions, and for all |
| 17 | | other public purposes, the estimated revenues from taxation, |
| 18 | | and the estimated revenues from sources other than taxation. |
| 19 | | Except with respect to the capital development provisions of |
| 20 | | the State budget, beginning with the revenue estimates |
| 21 | | prepared for fiscal year 2012, revenue estimates shall be |
| 22 | | based solely on: (i) revenue sources (including non-income |
| 23 | | resources), rates, and levels that exist as of the date of the |
| 24 | | submission of the State budget for the fiscal year and (ii) |
| 25 | | revenue sources (including non-income resources), rates, and |
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| 1 | | levels that have been passed by the General Assembly as of the |
| 2 | | date of the submission of the State budget for the fiscal year |
| 3 | | and that are authorized to take effect in that fiscal year. |
| 4 | | Except with respect to the capital development provisions of |
| 5 | | the State budget, the Governor shall determine available |
| 6 | | revenue, deduct the cost of essential government services, |
| 7 | | including, but not limited to, pension payments and debt |
| 8 | | service, and assign a percentage of the remaining revenue to |
| 9 | | each statewide prioritized goal, as established in Section |
| 10 | | 50-25 of this Law, taking into consideration the proposed |
| 11 | | goals set forth in the report of the Commission established |
| 12 | | under that Section. The Governor shall also demonstrate how |
| 13 | | spending priorities for the fiscal year fulfill those |
| 14 | | statewide goals. The amounts recommended by the Governor for |
| 15 | | appropriation to the respective departments, offices and |
| 16 | | institutions shall be formulated according to each |
| 17 | | department's, office's, and institution's ability to |
| 18 | | effectively deliver services that meet the established |
| 19 | | statewide goals. The amounts relating to particular functions |
| 20 | | and activities shall be further formulated in accordance with |
| 21 | | the object classification specified in Section 13 of the State |
| 22 | | Finance Act. In addition, the amounts recommended by the |
| 23 | | Governor for appropriation shall take into account each State |
| 24 | | agency's effectiveness in achieving its prioritized goals for |
| 25 | | the previous fiscal year, as set forth in Section 50-25 of this |
| 26 | | Law, giving priority to agencies and programs that have |
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| 1 | | demonstrated a focus on the prevention of waste and the |
| 2 | | maximum yield from resources. |
| 3 | | The Governor shall also present periodic budget addresses |
| 4 | | throughout the fiscal year at the invitation of the General |
| 5 | | Assembly. |
| 6 | | The Governor shall not propose expenditures and the |
| 7 | | General Assembly shall not enact appropriations that exceed |
| 8 | | the resources estimated to be available, as provided in this |
| 9 | | Section. Appropriations may be adjusted during the fiscal year |
| 10 | | by means of one or more supplemental appropriation bills if |
| 11 | | any State agency either fails to meet or exceeds the goals set |
| 12 | | forth in Section 50-25 of this Law. |
| 13 | | For the purposes of Article VIII, Section 2 of the 1970 |
| 14 | | Illinois Constitution, the State budget for the following |
| 15 | | funds shall be prepared on the basis of revenue and |
| 16 | | expenditure measurement concepts that are in concert with |
| 17 | | generally accepted accounting principles for governments: |
| 18 | | (1) General Revenue Fund. |
| 19 | | (2) Common School Fund. |
| 20 | | (3) Education Educational Assistance Fund. |
| 21 | | (4) Road Fund. |
| 22 | | (5) Motor Fuel Tax Fund. |
| 23 | | (6) Agricultural Premium Fund. |
| 24 | | These funds shall be known as the "budgeted funds". The |
| 25 | | revenue estimates used in the State budget for the budgeted |
| 26 | | funds shall include the estimated beginning fund balance, plus |
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| 1 | | revenues estimated to be received during the budgeted year, |
| 2 | | plus the estimated receipts due the State as of June 30 of the |
| 3 | | budgeted year that are expected to be collected during the |
| 4 | | lapse period following the budgeted year, minus the receipts |
| 5 | | collected during the first 2 months of the budgeted year that |
| 6 | | became due to the State in the year before the budgeted year. |
| 7 | | Revenues shall also include estimated federal reimbursements |
| 8 | | associated with the recognition of Section 25 of the State |
| 9 | | Finance Act liabilities. For any budgeted fund for which |
| 10 | | current year revenues are anticipated to exceed expenditures, |
| 11 | | the surplus shall be considered to be a resource available for |
| 12 | | expenditure in the budgeted fiscal year. |
| 13 | | Expenditure estimates for the budgeted funds included in |
| 14 | | the State budget shall include the costs to be incurred by the |
| 15 | | State for the budgeted year, to be paid in the next fiscal |
| 16 | | year, excluding costs paid in the budgeted year which were |
| 17 | | carried over from the prior year, where the payment is |
| 18 | | authorized by Section 25 of the State Finance Act. For any |
| 19 | | budgeted fund for which expenditures are expected to exceed |
| 20 | | revenues in the current fiscal year, the deficit shall be |
| 21 | | considered as a use of funds in the budgeted fiscal year. |
| 22 | | Revenues and expenditures shall also include transfers |
| 23 | | between funds that are based on revenues received or costs |
| 24 | | incurred during the budget year. |
| 25 | | Appropriations for expenditures shall also include all |
| 26 | | anticipated statutory continuing appropriation obligations |
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| 1 | | that are expected to be incurred during the budgeted fiscal |
| 2 | | year. |
| 3 | | By March 15 of each year, the Commission on Government |
| 4 | | Forecasting and Accountability shall prepare revenue and fund |
| 5 | | transfer estimates in accordance with the requirements of this |
| 6 | | Section and report those estimates to the General Assembly and |
| 7 | | the Governor. |
| 8 | | For all funds other than the budgeted funds, the proposed |
| 9 | | expenditures shall not exceed funds estimated to be available |
| 10 | | for the fiscal year as shown in the budget. Appropriation for a |
| 11 | | fiscal year shall not exceed funds estimated by the General |
| 12 | | Assembly to be available during that year. |
| 13 | | (b) By February 24, 2010, the Governor must file a written |
| 14 | | report with the Secretary of the Senate and the Clerk of the |
| 15 | | House of Representatives containing the following: |
| 16 | | (1) for fiscal year 2010, the revenues for all |
| 17 | | budgeted funds, both actual to date and estimated for the |
| 18 | | full fiscal year; |
| 19 | | (2) for fiscal year 2010, the expenditures for all |
| 20 | | budgeted funds, both actual to date and estimated for the |
| 21 | | full fiscal year; |
| 22 | | (3) for fiscal year 2011, the estimated revenues for |
| 23 | | all budgeted funds, including without limitation the |
| 24 | | affordable General Revenue Fund appropriations, for the |
| 25 | | full fiscal year; and |
| 26 | | (4) for fiscal year 2011, an estimate of the |
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| 1 | | anticipated liabilities for all budgeted funds, including |
| 2 | | without limitation the affordable General Revenue Fund |
| 3 | | appropriations, debt service on bonds issued, and the |
| 4 | | State's contributions to the pension systems, for the full |
| 5 | | fiscal year. |
| 6 | | Between July 1 and August 31 of each fiscal year, the |
| 7 | | members of the General Assembly and members of the public may |
| 8 | | make written budget recommendations to the Governor. |
| 9 | | The Beginning with budgets prepared for fiscal year 2013, |
| 10 | | the budgets submitted by the Governor and appropriations made |
| 11 | | by the General Assembly for all executive branch State |
| 12 | | agencies must adhere to a method of budgeting where each |
| 13 | | priority must be justified each year according to merit rather |
| 14 | | than according to the amount appropriated for the preceding |
| 15 | | year. |
| 16 | | (Source: P.A. 104-435, eff. 11-21-25.) |
| 17 | | (15 ILCS 20/50-40) |
| 18 | | Sec. 50-40. General funds defined. "General funds" or |
| 19 | | "State general funds" means the General Revenue Fund, the |
| 20 | | Common School Fund, the General Revenue Common School Special |
| 21 | | Account Fund, the Education Assistance Fund, the Fund for the |
| 22 | | Advancement of Education, the Commitment to Human Services |
| 23 | | Fund, and the Budget Stabilization Fund. |
| 24 | | (Source: P.A. 100-23, eff. 7-6-17.) |
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| 1 | | Section 5-15. The Children and Family Services Act is |
| 2 | | amended by changing Section 5a as follows: |
| 3 | | (20 ILCS 505/5a) (from Ch. 23, par. 5005a) |
| 4 | | Sec. 5a. Reimbursable services for which the Department of |
| 5 | | Children and Family Services shall pay 100% of the reasonable |
| 6 | | cost pursuant to a written contract negotiated between the |
| 7 | | Department and the agency furnishing the services (which shall |
| 8 | | include but not be limited to the determination of reasonable |
| 9 | | cost, the services being purchased and the duration of the |
| 10 | | agreement) include, but are not limited to: |
| 11 | | SERVICE ACTIVITIES
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| 12 | | Adjunctive Therapy;
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| 13 | | Child Care Service, including day care;
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| 14 | | Clinical Therapy;
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| 15 | | Custodial Service;
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| 16 | | Field Work Students;
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| 17 | | Food Service;
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| 18 | | Normal Education;
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| 19 | | In-Service Training;
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| 20 | | Intake or Evaluation, or both;
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| 21 | | Medical Services;
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| 22 | | Recreation;
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| 23 | | Social Work or Counselling, or both;
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| 24 | | Supportive Staff;
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| 1 | | Volunteers. |
| 2 | | OBJECT EXPENSES
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| 3 | | Professional Fees and Contract Service Payments;
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| 4 | | Supplies;
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| 5 | | Telephone and Telegram;
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| 6 | | Occupancy;
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| 7 | | Local Transportation;
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| 8 | | Equipment and Other Fixed Assets, including amortization
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| 9 | | of same;
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| 10 | | Miscellaneous. |
| 11 | | ADMINISTRATIVE COSTS
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| 12 | | Program Administration;
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| 13 | | Supervision and Consultation;
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| 14 | | Inspection and Monitoring for purposes of issuing
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| 15 | | licenses;
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| 16 | | Determination of Children who are eligible
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| 17 | | for federal or other reimbursement;
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| 18 | | Postage and Shipping;
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| 19 | | Outside Printing, Artwork, etc.;
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| 20 | | Subscriptions and Reference Publications;
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| 21 | | Management and General Expense. |
| 22 | | Reimbursement of administrative costs other than inspection |
| 23 | | and monitoring for purposes of issuing licenses may not exceed |
| 24 | | 20% of the costs for other services. |
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| 1 | | The Department may offer services to any child or family |
| 2 | | with respect to whom a report of suspected child abuse or |
| 3 | | neglect has been called in to the hotline after completion of a |
| 4 | | family assessment as provided under subsection (a-5) of |
| 5 | | Section 7.4 of the Abused and Neglected Child Reporting Act |
| 6 | | and the Department has determined that services are needed to |
| 7 | | address the safety of the child and other family members and |
| 8 | | the risk of subsequent maltreatment. Acceptance of such |
| 9 | | services shall be voluntary. |
| 10 | | All Object Expenses, Service Activities and Administrative |
| 11 | | Costs are allowable. |
| 12 | | If a survey instrument is used in the rate setting |
| 13 | | process: |
| 14 | | (a) with respect to any day care centers, it shall be |
| 15 | | limited to those agencies which receive reimbursement from |
| 16 | | the State; |
| 17 | | (b) the cost survey instrument shall be promulgated by |
| 18 | | rule; |
| 19 | | (c) any requirements of the respondents shall be |
| 20 | | promulgated by rule; |
| 21 | | (d) all screens, limits or other tests of |
| 22 | | reasonableness, allowability and reimbursability shall be |
| 23 | | promulgated by rule; |
| 24 | | (e) adjustments may be made by the Department to rates |
| 25 | | when it determines that reported wage and salary levels |
| 26 | | are insufficient to attract capable caregivers in |
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| 1 | | sufficient numbers. |
| 2 | | The Department of Children and Family Services may pay |
| 3 | | 100% of the reasonable costs of research and valuation focused |
| 4 | | exclusively on services to youth in care. Such research |
| 5 | | projects must be approved, in advance, by the Director of the |
| 6 | | Department. |
| 7 | | In addition to reimbursements otherwise provided for in |
| 8 | | this Section, the Department of Human Services, through June |
| 9 | | 30, 2026 and Department of Early Childhood beginning on and |
| 10 | | after July 1, 2026, shall, in accordance with annual written |
| 11 | | agreements, make advance quarterly disbursements to local |
| 12 | | public agencies for child day care services with funds |
| 13 | | appropriated from the Local Effort Day Care Fund. |
| 14 | | Neither the Department of Children and Family Services nor |
| 15 | | the Department of Human Services through June 30, 2026 and the |
| 16 | | Department of Early Childhood beginning on and after July 1, |
| 17 | | 2026 shall pay or approve reimbursement for day care in a |
| 18 | | facility which is operating without a valid license or permit, |
| 19 | | except in the case of day care homes or day care centers which |
| 20 | | are exempt from the licensing requirements of the Child Care |
| 21 | | Act of 1969. |
| 22 | | The rates paid to day care providers by the Department of |
| 23 | | Children and Family Services shall match the rates paid to |
| 24 | | child care providers by the Department of Human Services, |
| 25 | | including base rates and any relevant rate enhancements |
| 26 | | through June 30, 2026. On and after July 1, 2026, the |
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| 1 | | Department of Early Childhood shall pay day care providers, |
| 2 | | who service the Department of Children and Family Services |
| 3 | | under the child care assistance program, including base rates |
| 4 | | and any relevant rate enhancements. |
| 5 | | (Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.) |
| 6 | | Section 5-20. The Department of Commerce and Economic |
| 7 | | Opportunity Law of the Civil Administrative Code of Illinois |
| 8 | | is amended by changing Sections 605-515 and 605-1075 as |
| 9 | | follows: |
| 10 | | (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) |
| 11 | | Sec. 605-515. Environmental Regulatory Assistance Program. |
| 12 | | (a) In this Section, except where the context clearly |
| 13 | | requires otherwise, "small business stationary source" means a |
| 14 | | business that is owned or operated by a person that employs 100 |
| 15 | | or fewer individuals; is a small business; is not a major |
| 16 | | stationary source as defined in Titles I and III of the federal |
| 17 | | 1990 Clean Air Act Amendments; does not emit 50 tons or more |
| 18 | | per year of any regulated pollutant (as defined under the |
| 19 | | federal Clean Air Act); and emits less than 75 tons per year of |
| 20 | | all regulated pollutants. |
| 21 | | (b) The Department may: |
| 22 | | (1) Provide access to technical and compliance |
| 23 | | information for Illinois firms, including small and middle |
| 24 | | market companies, to facilitate local business compliance |
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| 1 | | with the federal, State, and local environmental |
| 2 | | regulations. |
| 3 | | (2) Coordinate and enter into cooperative agreements |
| 4 | | with a State ombudsman office, which shall be established |
| 5 | | in accordance with the federal 1990 Clean Air Act |
| 6 | | Amendments to provide direct oversight to the program |
| 7 | | established under that Act. |
| 8 | | (3) Enter into contracts, cooperative agreements, and |
| 9 | | financing agreements and establish and collect charges and |
| 10 | | fees necessary or incidental to the performance of duties |
| 11 | | and the execution of powers under this Section. |
| 12 | | (4) Accept and expend, subject to appropriation, |
| 13 | | gifts, grants, awards, funds, contributions, charges, |
| 14 | | fees, and other financial or nonfinancial aid from |
| 15 | | federal, State, and local governmental agencies, |
| 16 | | businesses, educational agencies, not-for-profit |
| 17 | | organizations, and other entities, for the purposes of |
| 18 | | this Section. |
| 19 | | (5) Establish, staff, and administer programs and |
| 20 | | services and adopt such rules and regulations necessary to |
| 21 | | carry out the intent of this Section and Section 507, |
| 22 | | "Small Business Stationary Source Technical and |
| 23 | | Environmental Compliance Assistance Program", of the |
| 24 | | federal 1990 Clean Air Act Amendments. |
| 25 | | (c) The Department's environmental compliance programs and |
| 26 | | services for businesses may include, but need not be limited |
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| 1 | | to, the following: |
| 2 | | (1) Communication and outreach services to or on |
| 3 | | behalf of individual companies, including collection and |
| 4 | | compilation of appropriate information on regulatory |
| 5 | | compliance issues and control technologies, and |
| 6 | | dissemination of that information through publications, |
| 7 | | direct mailings, electronic communications, conferences, |
| 8 | | workshops, one-on-one counseling, and other means of |
| 9 | | technical assistance. |
| 10 | | (2) Provision of referrals and access to technical |
| 11 | | assistance, pollution prevention and facility audits, and |
| 12 | | otherwise serving as an information clearinghouse on |
| 13 | | pollution prevention through the coordination of the |
| 14 | | Illinois Sustainable Technology Center of the University |
| 15 | | of Illinois. In addition, environmental and regulatory |
| 16 | | compliance issues and techniques, which may include |
| 17 | | business rights and responsibilities, applicable |
| 18 | | permitting and compliance requirements, compliance methods |
| 19 | | and acceptable control technologies, release detection, |
| 20 | | and other applicable information may be provided. |
| 21 | | (3) Coordination with and provision of administrative |
| 22 | | and logistical support to the State Compliance Advisory |
| 23 | | Panel. |
| 24 | | (d) There is hereby created a special fund in the State |
| 25 | | Treasury to be known as the Small Business Environmental |
| 26 | | Assistance Fund. Monies received under subdivision (b)(4) of |
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| 1 | | this Section shall be deposited into the Clean Air Act Permit |
| 2 | | Fund. |
| 3 | | Monies in the Small Business Environmental Assistance Fund |
| 4 | | may be used, subject to appropriation, only for the purposes |
| 5 | | authorized by this Section. On July 1, 2025, or as soon |
| 6 | | thereafter as practical, the State Comptroller shall direct |
| 7 | | and the State Treasurer shall transfer the remaining balance |
| 8 | | from the Small Business Environmental Assistance Fund into the |
| 9 | | Clean Air Act Permit Fund. Upon completion of the transfer, |
| 10 | | the Small Business Environmental Assistance Fund is dissolved, |
| 11 | | and any future deposits due to that Fund and any outstanding |
| 12 | | obligations or liabilities of that Fund shall pass to the |
| 13 | | Clean Air Act Permit Fund. |
| 14 | | (e) Subject to appropriation, the Department may use |
| 15 | | moneys from the Clean Air Act Permit Fund for the purposes |
| 16 | | authorized by this Section. |
| 17 | | (Source: P.A. 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.) |
| 18 | | (20 ILCS 605/605-1075) |
| 19 | | (Text of Section before amendment by P.A. 104-458) |
| 20 | | Sec. 605-1075. Energy Transition Assistance Fund. |
| 21 | | (a) The General Assembly hereby declares that management |
| 22 | | of several economic development programs requires a |
| 23 | | consolidated funding source to improve resource efficiency. |
| 24 | | The General Assembly specifically recognizes that properly |
| 25 | | serving communities and workers impacted by the energy |
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| 1 | | transition requires that the Department of Commerce and |
| 2 | | Economic Opportunity have access to the resources required for |
| 3 | | the execution of the programs for workforce and contractor |
| 4 | | development, just transition investments and community |
| 5 | | support, and the implementation and administration of energy |
| 6 | | and justice efforts by the State. |
| 7 | | (b) The Department shall be responsible for the |
| 8 | | administration of the Energy Transition Assistance Fund and |
| 9 | | shall allocate funding on the basis of priorities established |
| 10 | | in this Section. Each year, the Department shall determine the |
| 11 | | available amount of resources in the Fund that can be |
| 12 | | allocated to the programs identified in this Section, and |
| 13 | | allocate the funding accordingly. The Department shall, to the |
| 14 | | extent practical, consider both the short-term and long-term |
| 15 | | costs of the programs and allocate funding so that the |
| 16 | | Department is able to cover both the short-term and long-term |
| 17 | | costs of these programs using projected revenue. |
| 18 | | The available funding for each year shall be allocated |
| 19 | | from the Fund in the following order of priority: |
| 20 | | (1) for costs related to the Clean Jobs Workforce |
| 21 | | Network Program, up to $21,000,000 annually prior to June |
| 22 | | 1, 2023 and $24,333,333 annually thereafter; |
| 23 | | (2) for costs related to the Clean Energy Contractor |
| 24 | | Incubator Program, up to $21,000,000 annually; |
| 25 | | (3) for costs related to the Clean Energy Primes |
| 26 | | Contractor Accelerator Program, up to $9,000,000 annually; |
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| 1 | | (4) for costs related to the Barrier Reduction |
| 2 | | Program, up to $21,000,000 annually; |
| 3 | | (5) for costs related to the Jobs and Environmental |
| 4 | | Justice Grant Program, up to $34,000,000 annually; |
| 5 | | (6) for costs related to the Returning Residents Clean |
| 6 | | Jobs Training Program, up to $6,000,000 annually; |
| 7 | | (7) for costs related to Energy Transition Navigators, |
| 8 | | up to $6,000,000 annually; |
| 9 | | (8) for costs related to the Illinois Climate Works |
| 10 | | Preapprenticeship Program, up to $10,000,000 annually; |
| 11 | | (9) for costs related to Energy Transition Community |
| 12 | | Support Grants, up to $40,000,000 annually; |
| 13 | | (10) for costs related to the Displaced Energy Worker |
| 14 | | Dependent Scholarship, upon request by the Illinois |
| 15 | | Student Assistance Commission, up to $1,100,000 annually; |
| 16 | | (11) up to $10,000,000 annually shall be transferred |
| 17 | | to the Public Utility Utilities Fund for use by the |
| 18 | | Illinois Commerce Commission for costs of administering |
| 19 | | the changes made to the Public Utilities Act by Public Act |
| 20 | | 102-662 this amendatory Act of the 102nd General Assembly; |
| 21 | | (12) up to $4,000,000 annually shall be transferred to |
| 22 | | the Illinois Power Agency Operations Fund for use by the |
| 23 | | Illinois Power Agency; and |
| 24 | | (13) for costs related to the Clean Energy Jobs and |
| 25 | | Justice Fund, up to $1,000,000 annually. |
| 26 | | The Department is authorized to utilize up to 10% of the |
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| 1 | | Energy Transition Assistance Fund for administrative and |
| 2 | | operational expenses to implement the requirements of this |
| 3 | | Act. |
| 4 | | (c) Within 30 days after the effective date of this |
| 5 | | amendatory Act of the 102nd General Assembly, each electric |
| 6 | | utility serving more than 500,000 customers in the State shall |
| 7 | | report to the Department its total kilowatt-hours of energy |
| 8 | | delivered during the 12 months ending on the immediately |
| 9 | | preceding May 31. By October 31, 2021 and each October 31 |
| 10 | | thereafter, each electric utility serving more than 500,000 |
| 11 | | customers in the State shall report to the Department its |
| 12 | | total kilowatt-hours of energy delivered during the 12 months |
| 13 | | ending on the immediately preceding May 31. |
| 14 | | (d) The Department shall, within 60 days after the |
| 15 | | effective date of this amendatory Act of the 102nd General |
| 16 | | Assembly: |
| 17 | | (1) determine the amount necessary, but not more than |
| 18 | | $180,000,000, to meet the funding needs of the programs |
| 19 | | reliant upon the Energy Transition Assistance Fund as a |
| 20 | | revenue source for the period between the effective date |
| 21 | | of this amendatory Act of the 102nd General Assembly and |
| 22 | | December 31, 2021; |
| 23 | | (2) determine, based on the kilowatt-hour deliveries |
| 24 | | for the 12 months ending May 31, 2021 reported by the |
| 25 | | electric utilities under subsection (c), the total energy |
| 26 | | transition assistance charge to be allocated to each |
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| 1 | | electric utility for the period between the effective date |
| 2 | | of this amendatory Act of the 102nd General Assembly and |
| 3 | | December 31, 2021; and |
| 4 | | (3) report the total energy transition assistance |
| 5 | | charge applicable until December 31, 2021 to each electric |
| 6 | | utility serving more than 500,000 customers in the State |
| 7 | | and the Illinois Commerce Commission for purposes of |
| 8 | | filing the tariff pursuant to Section 16-108.30 of the |
| 9 | | Public Utilities Act. |
| 10 | | (e) The Department shall by November 30, 2021, and each |
| 11 | | November 30 thereafter: |
| 12 | | (1) determine the amount necessary, but not more than |
| 13 | | $180,000,000, to meet the funding needs of the programs |
| 14 | | reliant upon the Energy Transition Assistance Fund as a |
| 15 | | revenue source for the immediately following calendar |
| 16 | | year; |
| 17 | | (2) determine, based on the kilowatt-hour deliveries |
| 18 | | for the 12 months ending on the immediately preceding May |
| 19 | | 31 reported to it by the electric utilities under |
| 20 | | subsection (c), the total energy transition assistance |
| 21 | | charge to be allocated to each electric utility for the |
| 22 | | immediately following calendar year; and |
| 23 | | (3) report the energy transition assistance charge |
| 24 | | applicable for the immediately following calendar year to |
| 25 | | each electric utility serving more than 500,000 customers |
| 26 | | in the State and the Illinois Commerce Commission for |
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| 1 | | purposes of filing the tariff pursuant to Section |
| 2 | | 16-108.30 of the Public Utilities Act. |
| 3 | | (f) The energy transition assistance charge may not exceed |
| 4 | | $180,000,000 annually. If, at the end of the calendar year, |
| 5 | | any surplus remains in the Energy Transition Assistance Fund, |
| 6 | | the Department may allocate the surplus from the fund in the |
| 7 | | following order of priority: |
| 8 | | (1) for costs related to the development of the |
| 9 | | Stretch Energy Codes and other standards at the Capital |
| 10 | | Development Board, up to $500,000 annually, at the request |
| 11 | | of the Board; |
| 12 | | (2) up to $7,000,000 annually shall be transferred to |
| 13 | | the Energy Efficiency Trust Fund and Clean Air Act Permit |
| 14 | | Fund for use by the Environmental Protection Agency for |
| 15 | | costs related to energy efficiency and weatherization, and |
| 16 | | costs of implementation, administration, and enforcement |
| 17 | | of the Clean Air Act; and |
| 18 | | (3) for costs related to State fleet electrification |
| 19 | | at the Department of Central Management Services, up to |
| 20 | | $10,000,000 annually, at the request of the Department. |
| 21 | | (Source: P.A. 102-662, eff. 9-15-21.) |
| 22 | | (Text of Section after amendment by P.A. 104-458) |
| 23 | | Sec. 605-1075. Energy Transition Assistance Fund. |
| 24 | | (a) The General Assembly hereby declares that management |
| 25 | | of several economic development programs requires a |
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| 1 | | consolidated funding source to improve resource efficiency. |
| 2 | | The General Assembly specifically recognizes that properly |
| 3 | | serving communities and workers impacted by the energy |
| 4 | | transition requires that the Department of Commerce and |
| 5 | | Economic Opportunity have access to the resources required for |
| 6 | | the execution of the programs for workforce and contractor |
| 7 | | development, just transition investments and community |
| 8 | | support, and the implementation and administration of energy |
| 9 | | and justice efforts by the State. |
| 10 | | (b) The Department shall be responsible for the |
| 11 | | administration of the Energy Transition Assistance Fund and |
| 12 | | shall allocate funding on the basis of priorities established |
| 13 | | in this Section. Each year, the Department shall determine the |
| 14 | | available amount of resources in the Fund that can be |
| 15 | | allocated to the programs identified in this Section, and |
| 16 | | allocate the funding accordingly. The Department shall, to the |
| 17 | | extent practical, consider both the short-term and long-term |
| 18 | | costs of the programs and allocate funding so that the |
| 19 | | Department is able to cover both the short-term and long-term |
| 20 | | costs of these programs using projected revenue. |
| 21 | | The available funding for each year shall be allocated |
| 22 | | from the Fund in the following order of priority: |
| 23 | | (1) for costs related to the Clean Jobs Workforce |
| 24 | | Network Program, up to $21,000,000 annually prior to June |
| 25 | | 1, 2023; $24,333,333 annually from June 1, 2023 to May 30, |
| 26 | | 2026; and $26,500,000 annually thereafter; |
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| 1 | | (2) for costs related to the Clean Energy Contractor |
| 2 | | Incubator Program, up to $21,000,000 annually prior to |
| 3 | | June 1, 2026 and up to $22,687,403 thereafter; |
| 4 | | (3) for costs related to the Clean Energy Primes |
| 5 | | Contractor Accelerator Program, up to $9,000,000 annually; |
| 6 | | (4) for costs related to the Barrier Reduction |
| 7 | | Program, up to $21,000,000 annually prior to June 1, 2026 |
| 8 | | and up to $22,143,079 annually thereafter; |
| 9 | | (5) for costs related to the Jobs and Environmental |
| 10 | | Justice Grant Program, up to $34,000,000 annually prior to |
| 11 | | June 1, 2026 and up to $41,000,000 annually thereafter; |
| 12 | | (6) for costs related to the Returning Residents Clean |
| 13 | | Jobs Training Program, up to $6,000,000 annually; |
| 14 | | (7) for costs related to Energy Transition Navigators, |
| 15 | | up to $6,000,000 annually prior to June 1, 2026 and up to |
| 16 | | $6,500,000 annually thereafter; |
| 17 | | (8) for costs related to the Illinois Climate Works |
| 18 | | Preapprenticeship Program, up to $10,000,000 annually; |
| 19 | | (9) for costs related to Energy Transition Community |
| 20 | | Support Grants, up to $40,000,000 annually; |
| 21 | | (10) for costs related to the Displaced Energy Worker |
| 22 | | Dependent Scholarship, upon request by the Illinois |
| 23 | | Student Assistance Commission, up to $1,100,000 annually; |
| 24 | | (11) up to $10,000,000 annually shall be transferred |
| 25 | | to the Public Utility Utilities Fund for use by the |
| 26 | | Illinois Commerce Commission for costs of administering |
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| 1 | | the changes made to the Public Utilities Act by Public Act |
| 2 | | 102-662 this amendatory Act of the 102nd General Assembly; |
| 3 | | (12) up to $4,000,000 annually shall be transferred to |
| 4 | | the Illinois Power Agency Operations Fund for use by the |
| 5 | | Illinois Power Agency; and |
| 6 | | (13) for costs related to the Clean Energy Jobs and |
| 7 | | Justice Fund, up to $1,000,000 annually. |
| 8 | | The Department is authorized to utilize up to 10% of the |
| 9 | | Energy Transition Assistance Fund for administrative and |
| 10 | | operational expenses to implement the requirements of this |
| 11 | | Act. |
| 12 | | (b-5) Beginning January 1, 2028, at the direction of the |
| 13 | | Department, the State Comptroller shall direct and the State |
| 14 | | Treasurer shall transfer up to $84,800,000 annually into the |
| 15 | | Electric Vehicle and Charging Fund from the Energy Transition |
| 16 | | Assistance Fund for costs related to transportation |
| 17 | | electrification programs, as described in Section 36 of the |
| 18 | | Electric Vehicle Rebate Act. The Environmental Protection |
| 19 | | Agency may use up to 3% of the annual allocation under this |
| 20 | | subsection (b-5) for administrative and operational expenses. |
| 21 | | (c) Within 30 days after September 15, 2021 (the effective |
| 22 | | date of Public Act 102-662) this amendatory Act of the 102nd |
| 23 | | General Assembly, each electric utility serving more than |
| 24 | | 500,000 customers in the State shall report to the Department |
| 25 | | its total kilowatt-hours of energy delivered during the 12 |
| 26 | | months ending on the immediately preceding May 31. By October |
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| 1 | | 31, 2021 and each October 31 thereafter, each electric utility |
| 2 | | serving more than 500,000 customers in the State shall report |
| 3 | | to the Department its total kilowatt-hours of energy delivered |
| 4 | | during the 12 months ending on the immediately preceding May |
| 5 | | 31. |
| 6 | | (d) The Department shall, within 60 days after September |
| 7 | | 15, 2021 (the effective date of Public Act 102-662) this |
| 8 | | amendatory Act of the 102nd General Assembly: |
| 9 | | (1) determine the amount necessary, but not more than |
| 10 | | $180,000,000, to meet the funding needs of the programs |
| 11 | | reliant upon the Energy Transition Assistance Fund as a |
| 12 | | revenue source for the period between September 15, 2021 |
| 13 | | (the effective date of Public Act 102-662) this amendatory |
| 14 | | Act of the 102nd General Assembly and December 31, 2021; |
| 15 | | (2) determine, based on the kilowatt-hour deliveries |
| 16 | | for the 12 months ending May 31, 2021 reported by the |
| 17 | | electric utilities under subsection (c), the total energy |
| 18 | | transition assistance charge to be allocated to each |
| 19 | | electric utility for the period between September 15, 2021 |
| 20 | | (the effective date of Public Act 102-662) this amendatory |
| 21 | | Act of the 102nd General Assembly and December 31, 2021; |
| 22 | | and |
| 23 | | (3) report the total energy transition assistance |
| 24 | | charge applicable until December 31, 2021 to each electric |
| 25 | | utility serving more than 500,000 customers in the State |
| 26 | | and the Illinois Commerce Commission for purposes of |
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| 1 | | filing the tariff pursuant to Section 16-108.30 of the |
| 2 | | Public Utilities Act. |
| 3 | | (d-5) Notwithstanding subsection (d), the Department |
| 4 | | shall, within 60 days after June 1, 2026 (the effective date of |
| 5 | | Public Act 104-458) this amendatory Act of the 104th General |
| 6 | | Assembly, determine the amount necessary, but not more than |
| 7 | | $192,000,000, to meet the funding needs of the programs |
| 8 | | reliant upon the Energy Transition Assistance Fund as a |
| 9 | | revenue source. |
| 10 | | (e) The Department shall by November 30, 2021, and each |
| 11 | | November 30 thereafter: |
| 12 | | (1) determine the amount necessary, but not more than |
| 13 | | $180,000,000 before June 1, 2026 (the effective date of |
| 14 | | Public Act 104-458) this amendatory Act of the 104th |
| 15 | | General Assembly and not more than $192,000,000, plus the |
| 16 | | amount needed to fund the programs described in subsection |
| 17 | | (b-5), after June 1, 2026 (the effective date of Public |
| 18 | | Act 104-458) this amendatory Act of the 104th General |
| 19 | | Assembly, to meet the funding needs of the programs |
| 20 | | reliant upon the Energy Transition Assistance Fund as a |
| 21 | | revenue source for the immediately following calendar |
| 22 | | year; |
| 23 | | (2) determine, based on the kilowatt-hour deliveries |
| 24 | | for the 12 months ending on the immediately preceding May |
| 25 | | 31 reported to it by the electric utilities under |
| 26 | | subsection (c), the total energy transition assistance |
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| 1 | | charge to be allocated to each electric utility for the |
| 2 | | immediately following calendar year; and |
| 3 | | (3) report the energy transition assistance charge |
| 4 | | applicable for the immediately following calendar year to |
| 5 | | each electric utility serving more than 500,000 customers |
| 6 | | in the State and the Illinois Commerce Commission for |
| 7 | | purposes of filing the tariff pursuant to Section |
| 8 | | 16-108.30 of the Public Utilities Act. |
| 9 | | (f) The energy transition assistance charge may not exceed |
| 10 | | $192,000,000 plus the amount needed to fund the programs |
| 11 | | described in subsection (b-5) annually. If, at the end of the |
| 12 | | calendar year, any surplus remains in the Energy Transition |
| 13 | | Assistance Fund, the Department may allocate the surplus from |
| 14 | | the fund in the following order of priority: |
| 15 | | (1) for costs related to the development of the |
| 16 | | Stretch Energy Codes and other standards at the Capital |
| 17 | | Development Board, up to $500,000 annually, at the request |
| 18 | | of the Board; |
| 19 | | (2) up to $7,000,000 annually shall be transferred to |
| 20 | | the Energy Efficiency Trust Fund and Clean Air Act Permit |
| 21 | | Fund for use by the Environmental Protection Agency for |
| 22 | | costs related to energy efficiency and weatherization, and |
| 23 | | costs of implementation, administration, and enforcement |
| 24 | | of the Clean Air Act; and |
| 25 | | (3) for costs related to State fleet electrification |
| 26 | | at the Department of Central Management Services, up to |
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| 1 | | $10,000,000 annually, at the request of the Department. |
| 2 | | (Source: P.A. 104-458, eff. 6-1-26.) |
| 3 | | Section 5-25. The Energy Conservation and Coal Development |
| 4 | | Act is amended by changing Section 11 as follows: |
| 5 | | (20 ILCS 1105/11) (from Ch. 96 1/2, par. 7411) |
| 6 | | Sec. 11. Deposit of Illinois Industrial Coal Utilization |
| 7 | | moneys. The Department is authorized to accept any and all |
| 8 | | grants, repayments of interest and principal on Industrial |
| 9 | | Coal Utilization loans, matching funds, reimbursements, |
| 10 | | appropriations, income derived from investments, or other |
| 11 | | things of value from the federal or state governments or from |
| 12 | | any institution, person, partnership, joint venture, or |
| 13 | | corporation, public or private, received under the Illinois |
| 14 | | Industrial Coal Utilization Program for deposit into the |
| 15 | | General Revenue Fund in the State treasury. Any moneys |
| 16 | | collected as a result of foreclosures of loans or other |
| 17 | | financing agreements, or the violation of any of their terms, |
| 18 | | under this program shall also be deposited into the General |
| 19 | | Revenue Fund. On or as soon as practicable after July 1, 1991, |
| 20 | | the State Comptroller and the State Treasurer shall transfer |
| 21 | | the balance of moneys in the Illinois Industrial Coal |
| 22 | | Utilization Fund to the General Revenue Fund. |
| 23 | | (Source: P.A. 87-14.) |
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| 1 | | (20 ILCS 3501/825-95 rep.) |
| 2 | | (20 ILCS 3501/825-100 rep.) |
| 3 | | Section 5-30. The Illinois Finance Authority Act is |
| 4 | | amended by repealing Sections 825-95 and 825-100. |
| 5 | | Section 5-35. The Illinois Criminal Justice Information |
| 6 | | Act is amended by changing Section 9.3 as follows: |
| 7 | | (20 ILCS 3930/9.3) |
| 8 | | Sec. 9.3. The Prescription Pill and Drug Disposal Fund. |
| 9 | | The Prescription Pill and Drug Disposal Fund is created as a |
| 10 | | special fund in the State treasury. Moneys in the Fund shall be |
| 11 | | used for grants by the Illinois Criminal Justice Information |
| 12 | | Authority may use the Criminal Justice Information Projects |
| 13 | | Fund for grants to local law enforcement agencies for the |
| 14 | | purpose of facilitating the collection, transportation, and |
| 15 | | incineration of pharmaceuticals from residential sources that |
| 16 | | are collected and transported by law enforcement agencies |
| 17 | | under Section 17.9A of the Environmental Protection Act; to |
| 18 | | municipalities or organizations that establish containers |
| 19 | | designated for the collection and disposal of unused |
| 20 | | controlled substances and conduct collection of unused |
| 21 | | controlled substances through mail-back programs; and for the |
| 22 | | publication or advertising of collection events or mail-back |
| 23 | | programs conducted by municipalities or organizations. Before |
| 24 | | awarding a grant under this Section from this Fund but no later |
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| 1 | | than July 1, 2016, the Authority shall adopt rules that (i) |
| 2 | | specify the conditions under which grants will be awarded |
| 3 | | under this Section from this Fund and (ii) otherwise provide |
| 4 | | for the implementation and administration of the grant program |
| 5 | | created by this Section. Interest attributable to moneys in |
| 6 | | the Fund shall be paid into the Fund. |
| 7 | | On July 1, 2025, or as soon thereafter as practical, the |
| 8 | | State Comptroller shall direct and the State Treasurer shall |
| 9 | | transfer the remaining balance from the Prescription Pill and |
| 10 | | Drug Disposal Fund into the Criminal Justice Information |
| 11 | | Projects Fund. Upon completion of the transfer, the |
| 12 | | Prescription Pill and Drug Disposal Fund is dissolved, and any |
| 13 | | future deposits due to that Fund and any outstanding |
| 14 | | obligations or liabilities of that Fund shall pass to the |
| 15 | | Criminal Justice Information Projects Fund. |
| 16 | | (Source: P.A. 104-2, eff. 6-16-25.) |
| 17 | | Section 5-40. The Balanced Budget Note Act is amended by |
| 18 | | changing Section 5 as follows: |
| 19 | | (25 ILCS 80/5) (from Ch. 63, par. 42.93-5) |
| 20 | | Sec. 5. Supplemental appropriation bill defined. For |
| 21 | | purposes of this Act, "supplemental appropriation bill" means |
| 22 | | any appropriation bill that (a) is (a) introduced or amended |
| 23 | | (including any changes to legislation by means of the |
| 24 | | submission of a conference committee report) on or after July |
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| 1 | | 1 of a fiscal year and (b) proposes (as introduced or as |
| 2 | | amended as the case may be) to authorize, increase, decrease, |
| 3 | | or reallocate any general funds appropriation for that same |
| 4 | | fiscal year. For the purposes of this definition, "general |
| 5 | | funds" has the meaning set forth in Section 50-40 of the State |
| 6 | | Budget Law of the Civil Administrative Code of Illinois. The |
| 7 | | general funds consist of the General Revenue Fund, the Common |
| 8 | | School Fund, the General Revenue Common School Special Account |
| 9 | | Fund, the Education Assistance Fund, the Fund for the |
| 10 | | Advancement of Education, the Commitment to Human Services |
| 11 | | Fund, and the Budget Stabilization Fund. |
| 12 | | (Source: P.A. 100-587, eff. 6-4-18; revised 6-24-25.) |
| 13 | | Section 5-45. The State Finance Act is amended by changing |
| 14 | | Sections 5.908 and 5.921 as follows: |
| 15 | | (30 ILCS 105/5.908) |
| 16 | | Sec. 5.908. The Guide Dogs of America Fund. This Section |
| 17 | | is repealed on January 1, 2027. |
| 18 | | (Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.) |
| 19 | | (30 ILCS 105/5.921) |
| 20 | | Sec. 5.921. The Mechanics Training Fund. This Section is |
| 21 | | repealed on January 1, 2027. |
| 22 | | (Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.) |
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| 1 | | (30 ILCS 105/5.693 rep.) |
| 2 | | (30 ILCS 105/5.741 rep.) |
| 3 | | (30 ILCS 105/5.817 rep.) |
| 4 | | Section 5-50. The State Finance Act is amended by |
| 5 | | repealing Sections 5.693, 5.741, and 5.817. |
| 6 | | (35 ILCS 5/201.5 rep.) |
| 7 | | Section 5-55. The Illinois Income Tax Act is amended by |
| 8 | | repealing Section 201.5. |
| 9 | | Section 5-60. The Illinois Pesticide Act is amended by |
| 10 | | changing Section 22.2 as follows: |
| 11 | | (415 ILCS 60/22.2) (from Ch. 5, par. 822.2) |
| 12 | | Sec. 22.2. (a) There is hereby created a trust fund in the |
| 13 | | State Treasury to be known as the Agrichemical Incident |
| 14 | | Response Trust Fund. Any funds received by the Director of |
| 15 | | Agriculture from the mandates of Section 13.1 shall be |
| 16 | | deposited with the Treasurer as ex officio custodian and held |
| 17 | | separate and apart from any public money of this State, with |
| 18 | | accruing interest on the trust funds deposited into the trust |
| 19 | | fund. Disbursement from the fund for purposes as set forth in |
| 20 | | this Section shall be by voucher ordered by the Director and |
| 21 | | paid by a warrant drawn by the State Comptroller and |
| 22 | | countersigned by the State Treasurer. The Director shall order |
| 23 | | disbursements from the Agrichemical Incident Response Trust |
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| 1 | | Fund only for payment of the expenses authorized by this Act. |
| 2 | | Monies in this trust fund shall not be subject to |
| 3 | | appropriation by the General Assembly but shall be subject to |
| 4 | | audit by the Auditor General. Should the program be |
| 5 | | terminated, all unobligated funds in the trust fund shall be |
| 6 | | transferred to a trust fund to be used for purposes as |
| 7 | | originally intended or be transferred to the Pesticide Control |
| 8 | | Fund. Interest earned on the Fund shall be deposited into the |
| 9 | | Fund. Monies in the Pesticide Control Fund may be used by the |
| 10 | | Department of Agriculture for the following purposes: |
| 11 | | (1) for payment of costs of response action incurred |
| 12 | | by owners or operators of agrichemical facilities as |
| 13 | | provided in Section 22.3 of this Act; |
| 14 | | (2) for the Department to take emergency action in |
| 15 | | response to a release of agricultural pesticides from an |
| 16 | | agrichemical facility that has created an imminent threat |
| 17 | | to public health or the environment; |
| 18 | | (3) for the costs of administering its activities |
| 19 | | relative to the Fund as delineated in subsections (b) and |
| 20 | | (c) of this Section; and |
| 21 | | (4) for the Department to: |
| 22 | | (A) (blank); and |
| 23 | | (B) administer the Agrichemical Facility Response |
| 24 | | Action Program. |
| 25 | | The total annual expenditures from the Fund for these |
| 26 | | purposes under this paragraph (4) shall not be more than |
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| 1 | | $120,000, and no expenditure from the Fund for these |
| 2 | | purposes shall be made when the Fund balance becomes less |
| 3 | | than $750,000. |
| 4 | | (b) The action undertaken shall be such as may be |
| 5 | | necessary or appropriate to protect human health or the |
| 6 | | environment. |
| 7 | | (c) The Director of Agriculture is authorized to enter |
| 8 | | into contracts and agreements as may be necessary to carry out |
| 9 | | the Department's duties under this Section. |
| 10 | | (d) Neither the State, the Director, nor any State |
| 11 | | employee shall be liable for any damages or injury arising out |
| 12 | | of or resulting from any action taken under this Section. |
| 13 | | (e) (Blank). |
| 14 | | (f) (Blank). On July 1, 2025, or as soon thereafter as |
| 15 | | practical, the State Comptroller shall direct and the State |
| 16 | | Treasurer shall transfer the remaining balance from the |
| 17 | | Agrichemical Incident Response Trust Fund into the Pesticide |
| 18 | | Control Fund. Upon completion of the transfer, the |
| 19 | | Agrichemical Incident Response Trust Fund is dissolved, and |
| 20 | | any future deposits due to that Fund and any outstanding |
| 21 | | obligations or liabilities of that Fund shall pass to the |
| 22 | | Pesticide Control Fund. |
| 23 | | (Source: P.A. 104-2, eff. 6-16-25.) |
| 24 | | Section 5-65. The Illinois Low-Level Radioactive Waste |
| 25 | | Management Act is amended by changing Section 14 as follows: |
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| 1 | | (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14) |
| 2 | | (Text of Section before amendment by P.A. 104-458) |
| 3 | | Sec. 14. Waste management funds. |
| 4 | | (a) There is hereby created in the State Treasury a |
| 5 | | special fund to be known as the Low-Level Radioactive Waste |
| 6 | | Facility Development and Operation Fund. All monies within the |
| 7 | | Low-Level Radioactive Waste Facility Development and Operation |
| 8 | | Fund shall be invested by the State Treasurer in accordance |
| 9 | | with established investment practices. Interest earned by such |
| 10 | | investment shall be returned to the Low-Level Radioactive |
| 11 | | Waste Facility Development and Operation Fund. The Agency |
| 12 | | shall deposit all receipts from the fees required under |
| 13 | | subsections (a) and (b) of Section 13 in the State Treasury to |
| 14 | | the credit of this Fund. Subject to appropriation, the Agency |
| 15 | | is authorized to expend all moneys in the Fund in amounts it |
| 16 | | deems necessary for: |
| 17 | | (1) hiring personnel and any other operating and |
| 18 | | contingent expenses necessary for the proper |
| 19 | | administration of this Act; |
| 20 | | (2) contracting with any firm for the purpose of |
| 21 | | carrying out the purposes of this Act; |
| 22 | | (3) grants to the Central Midwest Interstate Low-Level |
| 23 | | Radioactive Waste Commission; |
| 24 | | (4) hiring personnel, contracting with any person, and |
| 25 | | meeting any other expenses incurred by the Agency in |
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| 1 | | fulfilling its responsibilities under the Radioactive |
| 2 | | Waste Compact Enforcement Act; |
| 3 | | (5) activities under Sections 10, 10.2 and 10.3; |
| 4 | | (6) payment of fees in lieu of taxes to a local |
| 5 | | government having within its boundaries a regional |
| 6 | | disposal facility; |
| 7 | | (7) payment of grants to counties or municipalities |
| 8 | | under Section 12.1; and |
| 9 | | (8) fulfillment of obligations under a community |
| 10 | | agreement under Section 12.1. |
| 11 | | In spending monies pursuant to such appropriations, the |
| 12 | | Agency shall to the extent practicable avoid duplicating |
| 13 | | expenditures made by any firm pursuant to a contract awarded |
| 14 | | under this Section. |
| 15 | | (b) There is hereby created in the State Treasury a |
| 16 | | special fund to be known as the Low-Level Radioactive Waste |
| 17 | | Facility Closure, Post-Closure Care and Compensation Fund. All |
| 18 | | monies within the Low-Level Radioactive Waste Facility |
| 19 | | Closure, Post-Closure Care and Compensation Fund shall be |
| 20 | | invested by the State Treasurer in accordance with established |
| 21 | | investment practices. Interest earned by such investment shall |
| 22 | | be returned to the Low-Level Radioactive Waste Facility |
| 23 | | Closure, Post-Closure Care and Compensation Fund. All deposits |
| 24 | | into this Fund shall be held by the State Treasurer separate |
| 25 | | and apart from all public money or funds of this State. Subject |
| 26 | | to appropriation, the Agency is authorized to expend any |
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| 1 | | moneys in this Fund in amounts it deems necessary for: |
| 2 | | (1) decommissioning and other procedures required for |
| 3 | | the proper closure of the regional disposal facility; |
| 4 | | (2) monitoring, inspecting, and other procedures |
| 5 | | required for the proper closure, decommissioning, and |
| 6 | | post-closure care of the regional disposal facility; |
| 7 | | (3) taking any remedial actions necessary to protect |
| 8 | | human health and the environment from releases or |
| 9 | | threatened releases of wastes from the regional disposal |
| 10 | | facility; |
| 11 | | (4) the purchase of facility and third-party liability |
| 12 | | insurance necessary during the institutional control |
| 13 | | period of the regional disposal facility; |
| 14 | | (5) mitigating the impacts of the suspension or |
| 15 | | interruption of the acceptance of waste for disposal; |
| 16 | | (6) compensating any person suffering any damages or |
| 17 | | losses to a person or property caused by a release from the |
| 18 | | regional disposal facility as provided for in Section 15; |
| 19 | | and |
| 20 | | (7) fulfillment of obligations under a community |
| 21 | | agreement under Section 12.1. |
| 22 | | On or before March 1 of each year through March 1, 2025, |
| 23 | | the Agency shall deliver to the Governor, the President and |
| 24 | | Minority Leader of the Senate, the Speaker and Minority Leader |
| 25 | | of the House, and each of the generators that have contributed |
| 26 | | during the preceding State fiscal year to the Fund a financial |
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| 1 | | statement, certified and verified by the Director, which |
| 2 | | details all receipts and expenditures from the Fund during the |
| 3 | | preceding State fiscal year. The financial statements shall |
| 4 | | identify all sources of income to the Fund and all recipients |
| 5 | | of expenditures from the Fund, shall specify the amounts of |
| 6 | | all the income and expenditures, and shall indicate the |
| 7 | | amounts of all the income and expenditures, and shall indicate |
| 8 | | the purpose for all expenditures. |
| 9 | | On July 1, 2025, or as soon thereafter as practical, the |
| 10 | | State Comptroller shall direct and the State Treasurer shall |
| 11 | | transfer the remaining balance from the Low-Level Radioactive |
| 12 | | Waste Facility Closure, Post-Closure Care and Compensation |
| 13 | | Fund into the Low-Level Radioactive Waste Facility Development |
| 14 | | and Operation Fund. Upon completion of the transfer, the |
| 15 | | Low-Level Radioactive Waste Facility Closure, Post-Closure |
| 16 | | Care and Compensation Fund is dissolved, and any future |
| 17 | | deposits due to that Fund and any outstanding obligations or |
| 18 | | liabilities of that Fund shall pass to the Low-Level |
| 19 | | Radioactive Waste Facility Development and Operation Fund. |
| 20 | | (c) (Blank). |
| 21 | | (d) The Agency may accept for any of its purposes and |
| 22 | | functions any donations, grants of money, equipment, supplies, |
| 23 | | materials, and services from any state or the United States, |
| 24 | | or from any institution, person, firm or corporation. Any |
| 25 | | donation or grant of money shall be deposited into the |
| 26 | | Low-Level Radioactive Waste Facility Development and Operation |
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| 1 | | Fund. |
| 2 | | (Source: P.A. 104-2, eff. 6-16-25.) |
| 3 | | (Text of Section after amendment by P.A. 104-458) |
| 4 | | Sec. 14. Waste management funds. |
| 5 | | (a) There is hereby created in the State Treasury a |
| 6 | | special fund to be known as the Low-Level Radioactive Waste |
| 7 | | Facility Operation Fund. All monies within the Low-Level |
| 8 | | Radioactive Waste Facility Operation Fund shall be invested by |
| 9 | | the State Treasurer in accordance with established investment |
| 10 | | practices. Interest earned by such investment shall be |
| 11 | | returned to the Low-Level Radioactive Waste Facility Operation |
| 12 | | Fund. The Agency shall deposit all receipts from the fees |
| 13 | | required under Section 13 in the State Treasury to the credit |
| 14 | | of this Fund. Subject to appropriation, the Agency is |
| 15 | | authorized to expend all moneys in the Fund in amounts it deems |
| 16 | | necessary for: |
| 17 | | (1) hiring personnel and any other operating and |
| 18 | | contingent expenses necessary for the proper |
| 19 | | administration of this Act; |
| 20 | | (2) contracting with any firm for the purpose of |
| 21 | | carrying out the purposes of this Act; |
| 22 | | (3) grants to the Central Midwest Interstate Low-Level |
| 23 | | Radioactive Waste Commission; |
| 24 | | (4) hiring personnel, contracting with any person, and |
| 25 | | meeting any other expenses incurred by the Agency in |
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| 1 | | fulfilling its responsibilities under the Radioactive |
| 2 | | Waste Compact Enforcement Act; |
| 3 | | (5) activities under Sections 10, 10.2 and 10.3; |
| 4 | | (6) payment of fees in lieu of taxes to a local |
| 5 | | government having within its boundaries a regional |
| 6 | | disposal facility; |
| 7 | | (7) payment of grants to counties or municipalities |
| 8 | | under Section 12.1; |
| 9 | | (8) fulfillment of obligations under a community |
| 10 | | agreement under Section 12.1; |
| 11 | | (9) decommissioning and other procedures required for |
| 12 | | the proper closure of a regional disposal facility; |
| 13 | | (10) monitoring, inspecting, and other procedures |
| 14 | | required for the proper closure, decommissioning, and |
| 15 | | post-closure care of a regional disposal facility; |
| 16 | | (11) taking any remedial actions necessary to protect |
| 17 | | human health and the environment from releases or |
| 18 | | threatened releases of wastes from a regional disposal |
| 19 | | facility; |
| 20 | | (12) the purchase of facility and third-party |
| 21 | | liability insurance necessary during the institutional |
| 22 | | control period of a regional disposal facility; |
| 23 | | (13) mitigating the impacts of the suspension or |
| 24 | | interruption of the acceptance of waste for disposal; and |
| 25 | | (14) compensating any person suffering any damages or |
| 26 | | losses to a person or property caused by a release from the |
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| 1 | | regional disposal facility as provided for in Section 15. |
| 2 | | In spending monies pursuant to such appropriations, the |
| 3 | | Agency shall to the extent practicable avoid duplicating |
| 4 | | expenditures made by any firm pursuant to a contract awarded |
| 5 | | under this Section. |
| 6 | | (b) (Blank). There is hereby created in the State Treasury |
| 7 | | a special fund to be known as the Low-Level Radioactive Waste |
| 8 | | Facility Closure, Post-Closure Care and Compensation Fund. All |
| 9 | | monies within the Low-Level Radioactive Waste Facility |
| 10 | | Closure, Post-Closure Care and Compensation Fund shall be |
| 11 | | invested by the State Treasurer in accordance with established |
| 12 | | investment practices. Interest earned by such investment shall |
| 13 | | be returned to the Low-Level Radioactive Waste Facility |
| 14 | | Closure, Post-Closure Care and Compensation Fund. All deposits |
| 15 | | into this Fund shall be held by the State Treasurer separate |
| 16 | | and apart from all public money or funds of this State. |
| 17 | | On or before March 1 of each year through March 1, 2025, |
| 18 | | the Agency shall deliver to the Governor, the President and |
| 19 | | Minority Leader of the Senate, the Speaker and Minority Leader |
| 20 | | of the House, and each of the generators that have contributed |
| 21 | | during the preceding State fiscal year to the Fund a financial |
| 22 | | statement, certified and verified by the Director, which |
| 23 | | details all receipts and expenditures from the Fund during the |
| 24 | | preceding State fiscal year. The financial statements shall |
| 25 | | identify all sources of income to the Fund and all recipients |
| 26 | | of expenditures from the Fund, shall specify the amounts of |
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| 1 | | all the income and expenditures, and shall indicate the |
| 2 | | amounts of all the income and expenditures, and shall indicate |
| 3 | | the purpose for all expenditures. |
| 4 | | On July 1, 2025, or as soon thereafter as practical, the |
| 5 | | State Comptroller shall direct and the State Treasurer shall |
| 6 | | transfer the remaining balance from the Low-Level Radioactive |
| 7 | | Waste Facility Closure, Post-Closure Care and Compensation |
| 8 | | Fund into the Low-Level Radioactive Waste Facility Operation |
| 9 | | Fund. Upon completion of the transfer, the Low-Level |
| 10 | | Radioactive Waste Facility Closure, Post-Closure Care and |
| 11 | | Compensation Fund is dissolved, and any future deposits due to |
| 12 | | that Fund and any outstanding obligations or liabilities of |
| 13 | | that Fund shall pass to the Low-Level Radioactive Waste |
| 14 | | Facility Operation Fund. |
| 15 | | (c) (Blank). |
| 16 | | (d) The Agency may accept for any of its purposes and |
| 17 | | functions any donations, grants of money, equipment, supplies, |
| 18 | | materials, and services from any state or the United States, |
| 19 | | or from any institution, person, firm or corporation. Any |
| 20 | | donation or grant of money shall be deposited into the |
| 21 | | Low-Level Radioactive Waste Facility Operation Fund. |
| 22 | | (Source: P.A. 104-2, eff. 6-16-25; 104-458, eff. 6-1-26.) |
| 23 | | Section 5-70. The Habitat Endowment Act is amended by |
| 24 | | changing Section 15 as follows: |
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| 1 | | (520 ILCS 25/15) |
| 2 | | Sec. 15. The Illinois Habitat Fund and the Illinois |
| 3 | | Habitat Endowment Trust Fund. |
| 4 | | (a) There is established in the State treasury a special |
| 5 | | fund entitled the Illinois Habitat Fund. The moneys in this |
| 6 | | fund shall be used, subject to appropriation, exclusively by |
| 7 | | the Department for the preservation and maintenance of high |
| 8 | | quality habitat lands. The Illinois Habitat Fund shall be |
| 9 | | financed through deposits of fees from the sale of State |
| 10 | | Habitat Stamps and artwork as provided for in the Wildlife |
| 11 | | Code, and revenue derived from the sale of Sportsmen Series |
| 12 | | license plates. The Department may accept, from all sources, |
| 13 | | contributions, grants, gifts, bequests, legacies of money, and |
| 14 | | securities to be deposited into the Illinois Habitat Fund. All |
| 15 | | interest earned from moneys in the Illinois Habitat Fund shall |
| 16 | | be deposited into the Illinois Habitat Fund. |
| 17 | | (b) (Blank). The Illinois Habitat Endowment Trust Fund is |
| 18 | | created as a trust fund in the State treasury. The Trust Fund |
| 19 | | shall be financed by a combination of private donations and |
| 20 | | transfers or deposits from the Park and Conservation Fund or |
| 21 | | any other fund authorized by law. The Department may accept, |
| 22 | | from all sources, contributions, grants, gifts, bequests, |
| 23 | | legacies of money, and securities to be deposited into the |
| 24 | | Trust Fund. All deposits shall become part of the Trust Fund |
| 25 | | corpus. Moneys in the Trust Fund are not subject to |
| 26 | | appropriation and shall be used solely to provide financing to |
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| 1 | | the Illinois Habitat Fund. All gifts, grants, assets, funds, |
| 2 | | or moneys received by the Department under this Act shall be |
| 3 | | deposited and held by the State Treasurer as ex officio |
| 4 | | custodian thereof, separate and apart from all public moneys |
| 5 | | or funds of this State in a trust fund established in |
| 6 | | accordance with State law, and shall be administered by the |
| 7 | | Director exclusively for the purposes set forth in this Act. |
| 8 | | All moneys in the Trust Fund are to be invested and reinvested |
| 9 | | by the State Treasurer. All interest accruing from these |
| 10 | | investments shall be deposited into the Trust Fund. |
| 11 | | Notwithstanding any other provision of law, in addition to any |
| 12 | | other transfers that may be provided by law, on July 1, 2025, |
| 13 | | or as soon thereafter as practical, the State Comptroller |
| 14 | | shall direct and the State Treasurer shall transfer the |
| 15 | | remaining balance from the Illinois Habitat Endowment Trust |
| 16 | | Fund into the Illinois Habitat Fund. Upon completion of the |
| 17 | | transfer, the Illinois Habitat Endowment Trust Fund is |
| 18 | | dissolved, and any future deposits due to that Fund and any |
| 19 | | outstanding obligations or liabilities of that Fund pass to |
| 20 | | the Illinois Habitat Fund. |
| 21 | | (Source: P.A. 104-2, eff. 6-16-25.) |
| 22 | | Section 5-75. The Illinois Vehicle Code is amended by |
| 23 | | changing Sections 3-658, 3-699.14, and 11-501.01 as follows: |
| 24 | | (625 ILCS 5/3-658) |
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| 1 | | Sec. 3-658. Professional Sports Teams license plates. |
| 2 | | (a) The Secretary, upon receipt of an application made in |
| 3 | | the form prescribed by the Secretary, may issue special |
| 4 | | registration plates designated as Professional Sports Teams |
| 5 | | license plates. The special plates issued under this Section |
| 6 | | shall be affixed only to passenger vehicles of the first |
| 7 | | division, motorcycles, and motor vehicles of the second |
| 8 | | division weighing not more than 8,000 pounds. Plates issued |
| 9 | | under this Section shall expire according to the multi-year |
| 10 | | procedure established by Section 3-414.1 of this Code. |
| 11 | | (b) The design and color of the plates is wholly within the |
| 12 | | discretion of the Secretary, except that the plates shall, |
| 13 | | subject to the permission of the applicable team owner, |
| 14 | | display the logo of the Chicago Bears, the Chicago Bulls, the |
| 15 | | Chicago Blackhawks, the Chicago Cubs, the Chicago White Sox, |
| 16 | | the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or |
| 17 | | the St. Louis Cardinals, at the applicant's option. The |
| 18 | | Secretary may allow the plates to be issued as vanity or |
| 19 | | personalized plates under Section 3-405.1 of the Code. The |
| 20 | | Secretary shall prescribe stickers or decals as provided under |
| 21 | | Section 3-412 of this Code. |
| 22 | | (c) An applicant for the special plate shall be charged a |
| 23 | | $40 fee for original issuance in addition to the appropriate |
| 24 | | registration fee. Of Until July 1, 2023, of this fee, $25 shall |
| 25 | | be deposited into the Professional Sports Teams Education Fund |
| 26 | | and $15 shall be deposited into the Secretary of State Special |
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| 1 | | License Plate Fund, to be used by the Secretary to help defray |
| 2 | | the administrative processing costs. Beginning July 1, 2023, |
| 3 | | of this fee, $25 shall be deposited into the Common School Fund |
| 4 | | and $15 shall be deposited into the Secretary of State Special |
| 5 | | License Plate Fund, to be used by the Secretary to help defray |
| 6 | | the administrative processing costs. |
| 7 | | For each registration renewal period, a $27 fee, in |
| 8 | | addition to the appropriate registration fee, shall be |
| 9 | | charged. Of Until July 1, 2023, of this fee, $25 shall be |
| 10 | | deposited into the Professional Sports Teams Education Fund |
| 11 | | and $2 shall be deposited into the Secretary of State Special |
| 12 | | License Plate Fund. Beginning July 1, 2023, of this fee, $25 |
| 13 | | shall be deposited into the Common School Fund and $2 shall be |
| 14 | | deposited into the Secretary of State Special License Plate |
| 15 | | Fund. |
| 16 | | (d) (Blank). The Professional Sports Teams Education Fund |
| 17 | | is created as a special fund in the State treasury. Until July |
| 18 | | 1, 2023, the Comptroller shall order transferred and the |
| 19 | | Treasurer shall transfer all moneys in the Professional Sports |
| 20 | | Teams Education Fund to the Common School Fund every 6 months. |
| 21 | | (e) (Blank). On July 1, 2023, or as soon thereafter as |
| 22 | | practical, the State Comptroller shall direct and the State |
| 23 | | Treasurer shall transfer the remaining balance from the |
| 24 | | Professional Sports Teams Education Fund into the Common |
| 25 | | School Fund. Upon completion of the transfer, the Professional |
| 26 | | Sports Teams Education Fund is dissolved, and any future |
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| 1 | | deposits due to that Fund and any outstanding obligations or |
| 2 | | liabilities of that Fund shall pass to the Common School Fund. |
| 3 | | (Source: P.A. 102-1099, eff. 1-1-23; 103-8, eff. 6-7-23.) |
| 4 | | (625 ILCS 5/3-699.14) |
| 5 | | Sec. 3-699.14. Universal special license plates. |
| 6 | | (a) In addition to any other special license plate, the |
| 7 | | Secretary, upon receipt of all applicable fees and |
| 8 | | applications made in the form prescribed by the Secretary, may |
| 9 | | issue Universal special license plates to residents of |
| 10 | | Illinois on behalf of organizations that have been authorized |
| 11 | | by the General Assembly to issue decals for Universal special |
| 12 | | license plates. Appropriate documentation, as determined by |
| 13 | | the Secretary, shall accompany each application. Authorized |
| 14 | | organizations shall be designated by amendment to this |
| 15 | | Section. When applying for a Universal special license plate |
| 16 | | the applicant shall inform the Secretary of the name of the |
| 17 | | authorized organization from which the applicant will obtain a |
| 18 | | decal to place on the plate. The Secretary shall make a record |
| 19 | | of that organization and that organization shall remain |
| 20 | | affiliated with that plate until the plate is surrendered, |
| 21 | | revoked, or otherwise canceled. The authorized organization |
| 22 | | may charge a fee to offset the cost of producing and |
| 23 | | distributing the decal, but that fee shall be retained by the |
| 24 | | authorized organization and shall be separate and distinct |
| 25 | | from any registration fees charged by the Secretary. No decal, |
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| 1 | | sticker, or other material may be affixed to a Universal |
| 2 | | special license plate other than a decal authorized by the |
| 3 | | General Assembly in this Section or a registration renewal |
| 4 | | sticker. The special plates issued under this Section shall be |
| 5 | | affixed only to passenger vehicles of the first division, |
| 6 | | including motorcycles and autocycles, or motor vehicles of the |
| 7 | | second division weighing not more than 8,000 pounds. Plates |
| 8 | | issued under this Section shall expire according to the |
| 9 | | multi-year procedure under Section 3-414.1 of this Code. |
| 10 | | (b) The design, color, and format of the Universal special |
| 11 | | license plate shall be wholly within the discretion of the |
| 12 | | Secretary. Universal special license plates are not required |
| 13 | | to designate "Land of Lincoln", as prescribed in subsection |
| 14 | | (b) of Section 3-412 of this Code. The design shall allow for |
| 15 | | the application of a decal to the plate. Organizations |
| 16 | | authorized by the General Assembly to issue decals for |
| 17 | | Universal special license plates shall comply with rules |
| 18 | | adopted by the Secretary governing the requirements for and |
| 19 | | approval of Universal special license plate decals. The |
| 20 | | Secretary may, in his or her discretion, allow Universal |
| 21 | | special license plates to be issued as vanity or personalized |
| 22 | | plates in accordance with Section 3-405.1 of this Code. The |
| 23 | | Secretary of State must make a version of the special |
| 24 | | registration plates authorized under this Section in a form |
| 25 | | appropriate for motorcycles and autocycles. |
| 26 | | (c) When authorizing a Universal special license plate, |
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| 1 | | the General Assembly shall set forth whether an additional fee |
| 2 | | is to be charged for the plate and, if a fee is to be charged, |
| 3 | | the amount of the fee and how the fee is to be distributed. |
| 4 | | When necessary, the authorizing language shall create a |
| 5 | | special fund in the State treasury into which fees may be |
| 6 | | deposited for an authorized Universal special license plate. |
| 7 | | Additional fees may only be charged if the fee is to be paid |
| 8 | | over to a State agency or to a charitable entity that is in |
| 9 | | compliance with the registration and reporting requirements of |
| 10 | | the Charitable Trust Act and the Solicitation for Charity Act. |
| 11 | | Any charitable entity receiving fees for the sale of Universal |
| 12 | | special license plates shall annually provide the Secretary of |
| 13 | | State a letter of compliance issued by the Attorney General |
| 14 | | verifying that the entity is in compliance with the Charitable |
| 15 | | Trust Act and the Solicitation for Charity Act. |
| 16 | | (d) Upon original issuance and for each registration |
| 17 | | renewal period, in addition to the appropriate registration |
| 18 | | fee, if applicable, the Secretary shall collect any additional |
| 19 | | fees, if required, for issuance of Universal special license |
| 20 | | plates. The fees shall be collected on behalf of the |
| 21 | | organization designated by the applicant when applying for the |
| 22 | | plate. All fees collected shall be transferred to the State |
| 23 | | agency on whose behalf the fees were collected, or paid into |
| 24 | | the special fund designated in the law authorizing the |
| 25 | | organization to issue decals for Universal special license |
| 26 | | plates. All money in the designated fund shall be distributed |
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| 1 | | by the Secretary subject to appropriation by the General |
| 2 | | Assembly. |
| 3 | | (e) The following organizations may issue decals for |
| 4 | | Universal special license plates with the original and renewal |
| 5 | | fees and fee distribution as follows: |
| 6 | | (1) The Illinois Department of Natural Resources. |
| 7 | | (A) Original issuance: $25; with $10 to the |
| 8 | | Roadside Monarch Habitat Fund and $15 to the Secretary |
| 9 | | of State Special License Plate Fund. |
| 10 | | (B) Renewal: $25; with $23 to the Roadside Monarch |
| 11 | | Habitat Fund and $2 to the Secretary of State Special |
| 12 | | License Plate Fund. |
| 13 | | (2) Illinois Veterans' Homes. |
| 14 | | (A) Original issuance: $26, which shall be |
| 15 | | deposited into the Illinois Veterans' Homes Fund. |
| 16 | | (B) Renewal: $26, which shall be deposited into |
| 17 | | the Illinois Veterans' Homes Fund. |
| 18 | | (3) The Illinois Department of Human Services for |
| 19 | | volunteerism decals. |
| 20 | | (A) Original issuance: $25, which shall be |
| 21 | | deposited into the Secretary of State Special License |
| 22 | | Plate Fund. |
| 23 | | (B) Renewal: $25, which shall be deposited into |
| 24 | | the Secretary of State Special License Plate Fund. |
| 25 | | (4) (Blank). |
| 26 | | (5) (Blank). |
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| 1 | | (6) K9s for Veterans, NFP. |
| 2 | | (A) Original issuance: $25; with $10 to the |
| 3 | | Post-Traumatic Stress Disorder Awareness Fund and $15 |
| 4 | | to the Secretary of State Special License Plate Fund. |
| 5 | | (B) Renewal: $25; with $23 to the Post-Traumatic |
| 6 | | Stress Disorder Awareness Fund and $2 to the Secretary |
| 7 | | of State Special License Plate Fund. |
| 8 | | (7) (Blank). The International Association of |
| 9 | | Machinists and Aerospace Workers. |
| 10 | | (A) Original issuance: $35; with $20 to the Guide |
| 11 | | Dogs of America Fund and $15 to the Secretary of State |
| 12 | | Special License Plate Fund. |
| 13 | | (B) Renewal: $25; with $23 going to the Guide Dogs |
| 14 | | of America Fund and $2 to the Secretary of State |
| 15 | | Special License Plate Fund. |
| 16 | | (8) (Blank). Local Lodge 701 of the International |
| 17 | | Association of Machinists and Aerospace Workers. |
| 18 | | (A) Original issuance: $35; with $10 to the Guide |
| 19 | | Dogs of America Fund, $10 to the Mechanics Training |
| 20 | | Fund, and $15 to the Secretary of State Special |
| 21 | | License Plate Fund. |
| 22 | | (B) Renewal: $30; with $13 to the Guide Dogs of |
| 23 | | America Fund, $15 to the Mechanics Training Fund, and |
| 24 | | $2 to the Secretary of State Special License Plate |
| 25 | | Fund. |
| 26 | | (9) (Blank). |
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| | HB5181 Engrossed | - 52 - | LRB104 19228 SPS 32674 b |
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|
| 1 | | (10) (Blank). |
| 2 | | (11) The Illinois Department of Human Services for |
| 3 | | pediatric cancer awareness decals. |
| 4 | | (A) Original issuance: $25; with $10 to the |
| 5 | | Pediatric Cancer Awareness Fund and $15 to the |
| 6 | | Secretary of State Special License Plate Fund. |
| 7 | | (B) Renewal: $25; with $23 to the Pediatric Cancer |
| 8 | | Awareness Fund and $2 to the Secretary of State |
| 9 | | Special License Plate Fund. |
| 10 | | (12) The Department of Veterans Affairs for Fold of |
| 11 | | Honor decals. |
| 12 | | (A) Original issuance: $25; with $10 to the Folds |
| 13 | | of Honor Foundation Fund and $15 to the Secretary of |
| 14 | | State Special License Plate Fund. |
| 15 | | (B) Renewal: $25; with $23 to the Folds of Honor |
| 16 | | Foundation Fund and $2 to the Secretary of State |
| 17 | | Special License Plate Fund. |
| 18 | | (13) The Illinois chapters of the Experimental |
| 19 | | Aircraft Association for aviation enthusiast decals. |
| 20 | | (A) Original issuance: $25; with $10 to the |
| 21 | | Experimental Aircraft Association Fund and $15 to the |
| 22 | | Secretary of State Special License Plate Fund. |
| 23 | | (B) Renewal: $25; with $23 to the Experimental |
| 24 | | Aircraft Association Fund and $2 to the Secretary of |
| 25 | | State Special License Plate Fund. |
| 26 | | (14) The Illinois Department of Human Services for |
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| | HB5181 Engrossed | - 53 - | LRB104 19228 SPS 32674 b |
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|
| 1 | | Child Abuse Council of the Quad Cities decals. |
| 2 | | (A) Original issuance: $25; with $10 to the Child |
| 3 | | Abuse Council of the Quad Cities Fund and $15 to the |
| 4 | | Secretary of State Special License Plate Fund. |
| 5 | | (B) Renewal: $25; with $23 to the Child Abuse |
| 6 | | Council of the Quad Cities Fund and $2 to the Secretary |
| 7 | | of State Special License Plate Fund. |
| 8 | | (15) The Illinois Department of Public Health for |
| 9 | | health care worker decals. |
| 10 | | (A) Original issuance: $25; with $10 to the |
| 11 | | Illinois Health Care Workers Benefit Fund, and $15 to |
| 12 | | the Secretary of State Special License Plate Fund. |
| 13 | | (B) Renewal: $25; with $23 to the Illinois Health |
| 14 | | Care Workers Benefit Fund and $2 to the Secretary of |
| 15 | | State Special License Plate Fund. |
| 16 | | (16) The Department of Agriculture for Future Farmers |
| 17 | | of America decals. |
| 18 | | (A) Original issuance: $25; with $10 to the Future |
| 19 | | Farmers of America Fund and $15 to the Secretary of |
| 20 | | State Special License Plate Fund. |
| 21 | | (B) Renewal: $25; with $23 to the Future Farmers |
| 22 | | of America Fund and $2 to the Secretary of State |
| 23 | | Special License Plate Fund. |
| 24 | | (17) The Illinois Department of Public Health for |
| 25 | | autism awareness decals that are designed with input from |
| 26 | | autism advocacy organizations. |
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| | HB5181 Engrossed | - 54 - | LRB104 19228 SPS 32674 b |
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| 1 | | (A) Original issuance: $25; with $10 to the Autism |
| 2 | | Awareness Fund and $15 to the Secretary of State |
| 3 | | Special License Plate Fund. |
| 4 | | (B) Renewal: $25; with $23 to the Autism Awareness |
| 5 | | Fund and $2 to the Secretary of State Special License |
| 6 | | Plate Fund. |
| 7 | | (18) The Department of Natural Resources for Lyme |
| 8 | | disease research decals. |
| 9 | | (A) Original issuance: $25; with $10 to the Tick |
| 10 | | Research, Education, and Evaluation Fund and $15 to |
| 11 | | the Secretary of State Special License Plate Fund. |
| 12 | | (B) Renewal: $25; with $23 to the Tick Research, |
| 13 | | Education, and Evaluation Fund and $2 to the Secretary |
| 14 | | of State Special License Plate Fund. |
| 15 | | (19) The IBEW Thank a Line Worker decal. |
| 16 | | (A) Original issuance: $15, which shall be |
| 17 | | deposited into the Secretary of State Special License |
| 18 | | Plate Fund. |
| 19 | | (B) Renewal: $2, which shall be deposited into the |
| 20 | | Secretary of State Special License Plate Fund. |
| 21 | | (20) An Illinois chapter of the Navy Club for Navy |
| 22 | | Club decals. |
| 23 | | (A) Original issuance: $5; which shall be |
| 24 | | deposited into the Navy Club Fund. |
| 25 | | (B) Renewal: $18; which shall be deposited into |
| 26 | | the Navy Club Fund. |
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| | HB5181 Engrossed | - 55 - | LRB104 19228 SPS 32674 b |
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|
| 1 | | (21) An Illinois chapter of the International |
| 2 | | Brotherhood of Electrical Workers for International |
| 3 | | Brotherhood of Electrical Workers decal. |
| 4 | | (A) Original issuance: $25; with $10 to the |
| 5 | | International Brotherhood of Electrical Workers Fund |
| 6 | | and $15 to the Secretary of State Special License |
| 7 | | Plate Fund. |
| 8 | | (B) Renewal: $25; with $23 to the International |
| 9 | | Brotherhood of Electrical Workers Fund and $2 to the |
| 10 | | Secretary of State Special License Plate Fund. |
| 11 | | (22) The 100 Club of Illinois decal. |
| 12 | | (A) Original issuance: $45; with $30 to the 100 |
| 13 | | Club of Illinois Fund and $15 to the Secretary of State |
| 14 | | Special License Plate Fund. |
| 15 | | (B) Renewal: $27; with $25 to the 100 Club of |
| 16 | | Illinois Fund and $2 to the Secretary of State Special |
| 17 | | License Plate Fund. |
| 18 | | (23) The Illinois USTA/Midwest Youth Tennis Foundation |
| 19 | | decal. |
| 20 | | (A) Original issuance: $40; with $25 to the |
| 21 | | Illinois USTA/Midwest Youth Tennis Foundation Fund and |
| 22 | | $15 to the Secretary of State Special License Plate |
| 23 | | Fund. |
| 24 | | (B) Renewal: $40; with $38 to the Illinois |
| 25 | | USTA/Midwest Youth Tennis Foundation Fund and $2 to |
| 26 | | the Secretary of State Special License Plate Fund. |
|
| | HB5181 Engrossed | - 56 - | LRB104 19228 SPS 32674 b |
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|
| 1 | | (24) The Sons of the American Legion decal. |
| 2 | | (A) Original issuance: $25; with $10 to the Sons |
| 3 | | of the American Legion Fund and $15 to the Secretary of |
| 4 | | State Special License Plate Fund. |
| 5 | | (B) Renewal: $25; with $23 to the Sons of the |
| 6 | | American Legion Fund and $2 to the Secretary of State |
| 7 | | Special License Plate Fund. |
| 8 | | (f) The following funds are created as special funds in |
| 9 | | the State treasury: |
| 10 | | (1) The Roadside Monarch Habitat Fund. All money in |
| 11 | | the Roadside Monarch Habitat Fund shall be paid as grants |
| 12 | | by the Illinois Department of Natural Resources to fund |
| 13 | | roadside monarch and other pollinator habitat development, |
| 14 | | enhancement, and restoration projects in this State. |
| 15 | | (2) (Blank). |
| 16 | | (3) (Blank). |
| 17 | | (4) The Post-Traumatic Stress Disorder Awareness Fund. |
| 18 | | All money in the Post-Traumatic Stress Disorder Awareness |
| 19 | | Fund shall be paid as grants to K9s for Veterans, NFP for |
| 20 | | support, education, and awareness of veterans with |
| 21 | | post-traumatic stress disorder. |
| 22 | | (5) (Blank). The Guide Dogs of America Fund. All money |
| 23 | | in the Guide Dogs of America Fund shall be paid as grants |
| 24 | | to the International Guiding Eyes, Inc., doing business as |
| 25 | | Guide Dogs of America. |
| 26 | | (6) (Blank). The Mechanics Training Fund. All money in |
|
| | HB5181 Engrossed | - 57 - | LRB104 19228 SPS 32674 b |
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| 1 | | the Mechanics Training Fund shall be paid as grants to the |
| 2 | | Mechanics Local 701 Training Fund. |
| 3 | | (7) (Blank). |
| 4 | | (8) (Blank). |
| 5 | | (9) The Pediatric Cancer Awareness Fund. All money in |
| 6 | | the Pediatric Cancer Awareness Fund shall be paid as |
| 7 | | grants to the Cancer Center at Illinois for pediatric |
| 8 | | cancer treatment and research. |
| 9 | | (10) The Folds of Honor Foundation Fund. All money in |
| 10 | | the Folds of Honor Foundation Fund shall be paid as grants |
| 11 | | to the Folds of Honor Foundation to aid in providing |
| 12 | | educational scholarships to military families. |
| 13 | | (11) The Experimental Aircraft Association Fund. All |
| 14 | | money in the Experimental Aircraft Association Fund shall |
| 15 | | be paid, subject to appropriation by the General Assembly |
| 16 | | and distribution by the Secretary, as grants to promote |
| 17 | | recreational aviation. |
| 18 | | (12) The Child Abuse Council of the Quad Cities Fund. |
| 19 | | All money in the Child Abuse Council of the Quad Cities |
| 20 | | Fund shall be paid as grants to benefit the Child Abuse |
| 21 | | Council of the Quad Cities. |
| 22 | | (13) The Illinois Health Care Workers Benefit Fund. |
| 23 | | All money in the Illinois Health Care Workers Benefit Fund |
| 24 | | shall be paid as grants to the Trinity Health Foundation |
| 25 | | for the benefit of health care workers, doctors, nurses, |
| 26 | | and others who work in the health care industry in this |
|
| | HB5181 Engrossed | - 58 - | LRB104 19228 SPS 32674 b |
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|
| 1 | | State. |
| 2 | | (14) The Future Farmers of America Fund. All money in |
| 3 | | the Future Farmers of America Fund shall be paid as grants |
| 4 | | to the Illinois Association of Future Farmers of America. |
| 5 | | (15) The Tick Research, Education, and Evaluation |
| 6 | | Fund. All money in the Tick Research, Education, and |
| 7 | | Evaluation Fund shall be paid as grants to the Illinois |
| 8 | | Lyme Association. |
| 9 | | (16) The Navy Club Fund. All money in the Navy Club |
| 10 | | Fund shall be paid as grants to any local chapter of the |
| 11 | | Navy Club that is located in this State. |
| 12 | | (17) The International Brotherhood of Electrical |
| 13 | | Workers Fund. All money in the International Brotherhood |
| 14 | | of Electrical Workers Fund shall be paid as grants to any |
| 15 | | local chapter of the International Brotherhood of |
| 16 | | Electrical Workers that is located in this State. |
| 17 | | (18) The 100 Club of Illinois Fund. All money in the |
| 18 | | 100 Club of Illinois Fund shall be paid as grants to the |
| 19 | | 100 Club of Illinois for the purpose of giving financial |
| 20 | | support to children and spouses of first responders killed |
| 21 | | in the line of duty and mental health resources for active |
| 22 | | duty first responders. |
| 23 | | (19) The Illinois USTA/Midwest Youth Tennis Foundation |
| 24 | | Fund. All money in the Illinois USTA/Midwest Youth Tennis |
| 25 | | Foundation Fund shall be paid as grants to Illinois |
| 26 | | USTA/Midwest Youth Tennis Foundation to aid USTA/Midwest |
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| | HB5181 Engrossed | - 59 - | LRB104 19228 SPS 32674 b |
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| 1 | | districts in the State with exposing youth to the game of |
| 2 | | tennis. |
| 3 | | (20) The Sons of the American Legion Fund. All money |
| 4 | | in the Sons of the American Legion Fund shall be paid as |
| 5 | | grants to the Illinois Detachment of the Sons of the |
| 6 | | American Legion. |
| 7 | | (g) The following funds are dissolved on July 1, 2025: |
| 8 | | (1) The Prostate Cancer Awareness Fund. |
| 9 | | (2) The Horsemen's Council of Illinois Fund. |
| 10 | | (3) The Theresa Tracy Trot-Illinois CancerCare |
| 11 | | Foundation Fund. |
| 12 | | (4) The Developmental Disabilities Awareness Fund. |
| 13 | | (h) The following funds are dissolved on July 1, 2026: |
| 14 | | (1) The Guide Dogs of America Fund. |
| 15 | | (2) The Mechanics Training Fund. |
| 16 | | (Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; |
| 17 | | 103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff. |
| 18 | | 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, |
| 19 | | eff. 1-1-25; 103-933, eff. 1-1-25; 104-2, eff. 6-16-25; |
| 20 | | 104-234, eff. 8-15-25; 104-417, eff. 8-15-25; 104-435, eff. |
| 21 | | 11-21-25; revised 12-9-25.) |
| 22 | | (625 ILCS 5/11-501.01) |
| 23 | | Sec. 11-501.01. Additional administrative sanctions. |
| 24 | | (a) After a finding of guilt and prior to any final |
| 25 | | sentencing or an order for supervision, for an offense based |
|
| | HB5181 Engrossed | - 60 - | LRB104 19228 SPS 32674 b |
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| 1 | | upon an arrest for a violation of Section 11-501 or a similar |
| 2 | | provision of a local ordinance, individuals shall be required |
| 3 | | to undergo a professional evaluation to determine if an |
| 4 | | alcohol, drug, or intoxicating compound abuse problem exists |
| 5 | | and the extent of the problem, and undergo the imposition of |
| 6 | | treatment as appropriate. Programs conducting these |
| 7 | | evaluations shall be licensed by the Department of Human |
| 8 | | Services. The cost of any professional evaluation shall be |
| 9 | | paid for by the individual required to undergo the |
| 10 | | professional evaluation. |
| 11 | | (b) Any person who is found guilty of or pleads guilty to |
| 12 | | violating Section 11-501, including any person receiving a |
| 13 | | disposition of court supervision for violating that Section, |
| 14 | | may be required by the Court to attend a victim impact panel |
| 15 | | offered by, or under contract with, a county State's |
| 16 | | Attorney's office, a probation and court services department, |
| 17 | | Mothers Against Drunk Driving, or the Alliance Against |
| 18 | | Intoxicated Motorists. All costs generated by the victim |
| 19 | | impact panel shall be paid from fees collected from the |
| 20 | | offender or as may be determined by the court. |
| 21 | | (c) (Blank). |
| 22 | | (d) The Secretary of State shall revoke the driving |
| 23 | | privileges of any person convicted under Section 11-501 or a |
| 24 | | similar provision of a local ordinance. |
| 25 | | (e) The Secretary of State shall require the use of |
| 26 | | ignition interlock devices for a period not less than 5 years |
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| | HB5181 Engrossed | - 61 - | LRB104 19228 SPS 32674 b |
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| 1 | | on all vehicles owned by a person who has been convicted of a |
| 2 | | second or subsequent offense of Section 11-501 or a similar |
| 3 | | provision of a local ordinance. The person must pay to the |
| 4 | | Secretary of State DUI Administration Fund an amount not to |
| 5 | | exceed $30 for each month that he or she uses the device. The |
| 6 | | Secretary shall establish by rule and regulation the |
| 7 | | procedures for certification and use of the interlock system, |
| 8 | | the amount of the fee, and the procedures, terms, and |
| 9 | | conditions relating to these fees. During the time period in |
| 10 | | which a person is required to install an ignition interlock |
| 11 | | device under this subsection (e), that person shall only |
| 12 | | operate vehicles in which ignition interlock devices have been |
| 13 | | installed, except as allowed by subdivision (c)(5) or (d)(5) |
| 14 | | of Section 6-205 of this Code. |
| 15 | | (f) (Blank). |
| 16 | | (g) (Blank). The Secretary of State Police DUI Fund is |
| 17 | | created as a special fund in the State treasury and, subject to |
| 18 | | appropriation, shall be used for enforcement and prevention of |
| 19 | | driving while under the influence of alcohol, other drug or |
| 20 | | drugs, intoxicating compound or compounds or any combination |
| 21 | | thereof, as defined by Section 11-501 of this Code, including, |
| 22 | | but not limited to, the purchase of law enforcement equipment |
| 23 | | and commodities to assist in the prevention of alcohol-related |
| 24 | | criminal violence throughout the State; police officer |
| 25 | | training and education in areas related to alcohol-related |
| 26 | | crime, including, but not limited to, DUI training; and police |
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| | HB5181 Engrossed | - 62 - | LRB104 19228 SPS 32674 b |
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| 1 | | officer salaries, including, but not limited to, salaries for |
| 2 | | hire-back funding for safety checkpoints, saturation patrols, |
| 3 | | and liquor store sting operations. Notwithstanding any other |
| 4 | | provision of law, on July 1, 2025, or as soon thereafter as |
| 5 | | practical, the State Comptroller shall direct and the State |
| 6 | | Treasurer shall transfer the remaining balance from the |
| 7 | | Secretary of State Police DUI Fund into the Secretary of State |
| 8 | | Police Services Fund. Upon completion of the transfers, the |
| 9 | | Secretary of State Police DUI Fund is dissolved, and any |
| 10 | | future deposits due to that Fund and any outstanding |
| 11 | | obligations or liabilities of that Fund shall pass to the |
| 12 | | Secretary of State Police Services Fund. |
| 13 | | (h) Whenever an individual is sentenced for an offense |
| 14 | | based upon an arrest for a violation of Section 11-501 or a |
| 15 | | similar provision of a local ordinance, and the professional |
| 16 | | evaluation recommends remedial or rehabilitative treatment or |
| 17 | | education, neither the treatment nor the education shall be |
| 18 | | the sole disposition and either or both may be imposed only in |
| 19 | | conjunction with another disposition. The court shall monitor |
| 20 | | compliance with any remedial education or treatment |
| 21 | | recommendations contained in the professional evaluation. |
| 22 | | Programs conducting alcohol or other drug evaluation or |
| 23 | | remedial education must be licensed by the Department of Human |
| 24 | | Services. If the individual is not a resident of Illinois, |
| 25 | | however, the court may accept an alcohol or other drug |
| 26 | | evaluation or remedial education program in the individual's |
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| | HB5181 Engrossed | - 63 - | LRB104 19228 SPS 32674 b |
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|
| 1 | | state of residence. Programs providing treatment must be |
| 2 | | licensed under existing applicable alcoholism and drug |
| 3 | | treatment licensure standards. |
| 4 | | (i) (Blank). |
| 5 | | (j) A person that is subject to a chemical test or tests of |
| 6 | | blood under subsection (a) of Section 11-501.1 or subdivision |
| 7 | | (c)(2) of Section 11-501.2 of this Code, whether or not that |
| 8 | | person consents to testing, shall be liable for the expense up |
| 9 | | to $500 for blood withdrawal by a physician authorized to |
| 10 | | practice medicine, a licensed physician assistant, a licensed |
| 11 | | advanced practice registered nurse, a registered nurse, a |
| 12 | | trained phlebotomist, a licensed paramedic, or a qualified |
| 13 | | person other than a police officer approved by the Illinois |
| 14 | | State Police to withdraw blood, who responds, whether at a law |
| 15 | | enforcement facility or a health care facility, to a police |
| 16 | | department request for the drawing of blood based upon refusal |
| 17 | | of the person to submit to a lawfully requested breath test or |
| 18 | | probable cause exists to believe the test would disclose the |
| 19 | | ingestion, consumption, or use of drugs or intoxicating |
| 20 | | compounds if: |
| 21 | | (1) the person is found guilty of violating Section |
| 22 | | 11-501 of this Code or a similar provision of a local |
| 23 | | ordinance; or |
| 24 | | (2) the person pleads guilty to or stipulates to facts |
| 25 | | supporting a violation of Section 11-503 of this Code or a |
| 26 | | similar provision of a local ordinance when the plea or |
|
| | HB5181 Engrossed | - 64 - | LRB104 19228 SPS 32674 b |
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| 1 | | stipulation was the result of a plea agreement in which |
| 2 | | the person was originally charged with violating Section |
| 3 | | 11-501 of this Code or a similar local ordinance. |
| 4 | | (Source: P.A. 104-2, eff. 6-16-25.) |
| 5 | | Section 5-80. The Public-Private Partnerships for |
| 6 | | Transportation Act is amended by changing Section 15 as |
| 7 | | follows: |
| 8 | | (630 ILCS 5/15) |
| 9 | | Sec. 15. Formation of public-private agreements; project |
| 10 | | planning. |
| 11 | | (a) Each responsible public entity may exercise the powers |
| 12 | | granted by this Act to do some or all to design, develop, |
| 13 | | construct, finance, and operate any part of one or more |
| 14 | | transportation projects through public-private agreements with |
| 15 | | one or more private entities, except for transportation |
| 16 | | projects for the Illiana Expressway as defined in the Public |
| 17 | | Private Agreements for the Illiana Expressway Act. The net |
| 18 | | proceeds, if any, arising out of a transportation project or |
| 19 | | public-private agreement undertaken by the Department pursuant |
| 20 | | to this Act shall be deposited into the State Construction |
| 21 | | Account Public-Private Partnerships for Transportation Fund. |
| 22 | | The net proceeds arising out of a transportation project or |
| 23 | | public-private agreement undertaken by the Authority pursuant |
| 24 | | to this Act shall be deposited into the Illinois State Toll |
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| | HB5181 Engrossed | - 65 - | LRB104 19228 SPS 32674 b |
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| 1 | | Highway Authority Fund and shall be used only as authorized by |
| 2 | | Section 23 of the Toll Highway Act. |
| 3 | | (b) The Authority may enter into a public-private |
| 4 | | partnership to design, develop, construct, finance, and |
| 5 | | operate new toll highways authorized by the Governor and the |
| 6 | | General Assembly pursuant to Section 14.1 of the Toll Highway |
| 7 | | Act, non-highway transportation projects on the toll highway |
| 8 | | system such as commuter rail or high-speed rail lines, and |
| 9 | | intelligent transportation infrastructure that will enhance |
| 10 | | the safety, efficiency, and environmental quality of the toll |
| 11 | | highway system. The Authority may operate or provide |
| 12 | | operational services such as toll collection on highways which |
| 13 | | are developed or financed, or both, through a public-private |
| 14 | | agreement entered into by another public entity, under an |
| 15 | | agreement with the public entity or contractor responsible for |
| 16 | | the transportation project. |
| 17 | | (c) A contractor has: |
| 18 | | (1) all powers allowed by law generally to a private |
| 19 | | entity having the same form of organization as the |
| 20 | | contractor; and |
| 21 | | (2) the power to develop, finance, and operate the |
| 22 | | transportation facility and to impose user fees in |
| 23 | | connection with the use of the transportation facility, |
| 24 | | subject to the terms of the public-private agreement. |
| 25 | | No tolls or user fees may be imposed by the contractor |
| 26 | | except as set forth in a public-private agreement. |
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| | HB5181 Engrossed | - 66 - | LRB104 19228 SPS 32674 b |
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| 1 | | (d) Prior to commencing the procurement process under an |
| 2 | | unsolicited proposal or the issuance of any request for |
| 3 | | qualifications or request for proposals with respect to any |
| 4 | | potential project undertaken by a responsible public entity |
| 5 | | pursuant to Section 19 or 20 of this Act, the commencement of a |
| 6 | | procurement process for that particular potential project |
| 7 | | shall be authorized by joint resolution of the General |
| 8 | | Assembly. |
| 9 | | (e) (Blank). |
| 10 | | (f) Any project undertaken under this Act shall be subject |
| 11 | | to all applicable planning requirements otherwise required by |
| 12 | | law, including land use planning, regional planning, |
| 13 | | transportation planning, and environmental compliance |
| 14 | | requirements. |
| 15 | | (g) (Blank). |
| 16 | | (h) The responsible public entity shall hold one or more |
| 17 | | public hearings before entering into negotiations with a |
| 18 | | proposer. These public hearings shall address any potential |
| 19 | | project that the responsible public entity submitted to the |
| 20 | | General Assembly for review under subsection (d). The |
| 21 | | responsible public entity shall publish a notice of the |
| 22 | | hearing or hearings at least 7 days before a hearing takes |
| 23 | | place, and shall include the following in the notice: (i) the |
| 24 | | date, time, and place of the hearing and the address of the |
| 25 | | responsible public entity; (ii) a brief description of the |
| 26 | | potential projects that the responsible public entity is |
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| | HB5181 Engrossed | - 67 - | LRB104 19228 SPS 32674 b |
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| 1 | | considering undertaking; and (iii) a statement that the public |
| 2 | | may comment on the potential projects. |
| 3 | | (i) Each year, at least 30 days prior to the beginning of |
| 4 | | the transportation agency's fiscal year, the transportation |
| 5 | | agency shall submit a description of potential projects that |
| 6 | | the transportation agency is considering undertaking under |
| 7 | | this Act to each county, municipality, and metropolitan |
| 8 | | planning organization, with respect to each project located |
| 9 | | within its boundaries. |
| 10 | | (j) A new transportation facility developed as a project |
| 11 | | under this Act must be consistent with the regional plan then |
| 12 | | in existence of a metropolitan planning organization in whose |
| 13 | | boundaries the project is located. |
| 14 | | (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
| 15 | | (630 ILCS 5/90 rep.) |
| 16 | | Section 5-85. The Public-Private Partnerships for |
| 17 | | Transportation Act is amended by repealing Section 90. |
| 18 | | Section 5-90. The Unified Code of Corrections is amended |
| 19 | | by changing Section 5-9-1.8 as follows: |
| 20 | | (730 ILCS 5/5-9-1.8) |
| 21 | | Sec. 5-9-1.8. Child sexual abuse material fines. Beginning |
| 22 | | July 1, 2025, 100% of the fines in excess of $10,000 collected |
| 23 | | for violations of Section 11-20.1 of the Criminal Code of 1961 |
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| | HB5181 Engrossed | - 68 - | LRB104 19228 SPS 32674 b |
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| 1 | | or the Criminal Code of 2012 shall be deposited into the DCFS |
| 2 | | Children's Services Fund. Moneys in the Fund resulting from |
| 3 | | the fines shall be for the use of the Department of Children |
| 4 | | and Family Services for grants to private entities giving |
| 5 | | treatment and counseling to victims of child sexual abuse. |
| 6 | | Notwithstanding any other provision of law to the contrary |
| 7 | | and in addition to any other transfers that may be provided by |
| 8 | | law, on July 1, 2025, or as soon thereafter as practical, the |
| 9 | | State Comptroller shall direct and the State Treasurer shall |
| 10 | | transfer the remaining balance from the Child Abuse Prevention |
| 11 | | Fund into the DCFS Children's Services Fund. Upon completion |
| 12 | | of the transfer, the Child Abuse Prevention Fund is dissolved, |
| 13 | | and any future deposits due to that Fund and any outstanding |
| 14 | | obligations or liabilities of that Fund pass to the DCFS |
| 15 | | Children's Services Fund. |
| 16 | | (Source: P.A. 104-2, eff. 6-16-25; 104-245, eff. 1-1-26; |
| 17 | | revised 11-21-25.) |
| 18 | | Section 5-95. The Adoption Act is amended by changing |
| 19 | | Section 18.3a as follows: |
| 20 | | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) |
| 21 | | Sec. 18.3a. Confidential intermediary. |
| 22 | | (a) General purposes. Notwithstanding any other provision |
| 23 | | of this Act, |
| 24 | | (1) any adopted or surrendered person 21 years of age |
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| 1 | | or over; or |
| 2 | | (2) any adoptive parent or legal guardian of an |
| 3 | | adopted or surrendered person under the age of 21; or |
| 4 | | (3) any birth parent of an adopted or surrendered |
| 5 | | person who is 21 years of age or over; or |
| 6 | | (4) any adult child or adult grandchild of a deceased |
| 7 | | adopted or surrendered person; or |
| 8 | | (5) any adoptive parent or surviving spouse of a |
| 9 | | deceased adopted or surrendered person; or |
| 10 | | (6) any adult birth sibling of the adult adopted or |
| 11 | | surrendered person unless the birth parent has checked |
| 12 | | Option E on the Birth Parent Preference Form or has filed a |
| 13 | | Denial of Information Exchange with the Registry and is |
| 14 | | not deceased; or |
| 15 | | (7) any adult adopted birth sibling of an adult |
| 16 | | adopted or surrendered person; or |
| 17 | | (8) any adult birth sibling of the birth parent if the |
| 18 | | birth parent is deceased; or |
| 19 | | (9) any birth grandparent |
| 20 | | may petition the court in any county in the State of Illinois |
| 21 | | for appointment of a confidential intermediary as provided in |
| 22 | | this Section for the purpose of exchanging medical information |
| 23 | | with one or more mutually consenting biological relatives, |
| 24 | | obtaining identifying information about one or more mutually |
| 25 | | consenting biological relatives, or arranging contact with one |
| 26 | | or more mutually consenting biological relatives. The |
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| 1 | | petitioner shall be required to accompany his or her petition |
| 2 | | with proof of registration with the Illinois Adoption Registry |
| 3 | | and Medical Information Exchange. |
| 4 | | (a-4) The adoptive parent or legal guardian of an adopted |
| 5 | | or surrendered person under the age of 21 may also petition the |
| 6 | | court for the appointment of a confidential intermediary for |
| 7 | | purposes of obtaining identifying information or arranging |
| 8 | | contact with a mutually consenting adoptive parent or legal |
| 9 | | guardian of a birth sibling of the petitioner's adopted or |
| 10 | | surrendered child under the age of 21. |
| 11 | | (a-5) In addition, any former youth in care as defined in |
| 12 | | Section 4d of the Children and Family Services Act who was |
| 13 | | adopted or surrendered may petition the court in any county in |
| 14 | | the State for appointment of a confidential intermediary as |
| 15 | | provided in this Section for the purposes of obtaining |
| 16 | | identifying information or arranging contact with (i) siblings |
| 17 | | or birth relatives if the former youth in care is between the |
| 18 | | ages of 18 and 21 or (ii) former foster parents or foster |
| 19 | | siblings if the former youth in care is over the age of 18. A |
| 20 | | petitioner under this subsection is not required to register |
| 21 | | with the Illinois Adoption Registry and Medical Information |
| 22 | | Exchange. |
| 23 | | (b) Petition. Upon petition, the court shall appoint a |
| 24 | | confidential intermediary. The petition shall indicate if the |
| 25 | | petitioner wants to do any one or more of the following as to |
| 26 | | the sought-after relative or relatives: exchange medical |
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| 1 | | information with the biological relative or relatives, obtain |
| 2 | | identifying information from the biological relative or |
| 3 | | relatives, or to arrange contact with the biological relative. |
| 4 | | (c) Order. The order appointing the confidential |
| 5 | | intermediary shall allow that intermediary to conduct a search |
| 6 | | for the sought-after relative by accessing those records |
| 7 | | described in subsection (g) of this Section. |
| 8 | | (d) Fees and expenses. The court shall not condition the |
| 9 | | appointment of the confidential intermediary on the payment of |
| 10 | | the intermediary's fees and expenses in advance of the |
| 11 | | commencement of the work of the confidential intermediary. No |
| 12 | | fee shall be charged to any petitioner. |
| 13 | | (e) Eligibility of intermediary. The court may appoint as |
| 14 | | confidential intermediary any person certified by the |
| 15 | | Department of Children and Family Services as qualified to |
| 16 | | serve as a confidential intermediary. Certification shall be |
| 17 | | dependent upon the confidential intermediary completing a |
| 18 | | course of training including, but not limited to, applicable |
| 19 | | federal and State privacy laws. |
| 20 | | (f) (Blank). |
| 21 | | (g) Confidential intermediary access to information. |
| 22 | | Subject to the limitations of subsection (i) of this Section, |
| 23 | | the confidential intermediary shall have access to vital |
| 24 | | records maintained by the Department of Public Health and its |
| 25 | | local designees for the maintenance of vital records, or a |
| 26 | | comparable public entity that maintains vital records in |
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| 1 | | another state in accordance with that state's laws, and all |
| 2 | | records of the court or any adoption agency, public or |
| 3 | | private, as limited in this Section, which relate to the |
| 4 | | adoption or the identity and location of an adopted or |
| 5 | | surrendered person, of an adult child or surviving spouse of a |
| 6 | | deceased adopted or surrendered person, or of a birth parent, |
| 7 | | birth sibling, or the sibling of a deceased birth parent. The |
| 8 | | confidential intermediary shall not have access to any |
| 9 | | personal health information protected by the Standards for |
| 10 | | Privacy of Individually Identifiable Health Information |
| 11 | | adopted by the U.S. Department of Health and Human Services |
| 12 | | under the Health Insurance Portability and Accountability Act |
| 13 | | of 1996 unless the confidential intermediary has obtained |
| 14 | | written consent from the person whose information is being |
| 15 | | sought by an adult adopted or surrendered person or, if that |
| 16 | | person is a minor child, that person's parent or guardian. |
| 17 | | Confidential intermediaries shall be authorized to inspect |
| 18 | | confidential relinquishment and adoption records. The |
| 19 | | confidential intermediary shall not be authorized to access |
| 20 | | medical records, financial records, credit records, banking |
| 21 | | records, home studies, attorney file records, or other |
| 22 | | personal records. In cases where a birth parent is being |
| 23 | | sought, an adoption agency shall inform the confidential |
| 24 | | intermediary of any statement filed pursuant to Section 18.3, |
| 25 | | hereinafter referred to as "the 18.3 statement", indicating a |
| 26 | | desire of the surrendering birth parent to have identifying |
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| 1 | | information shared or to not have identifying information |
| 2 | | shared. Information provided to the confidential intermediary |
| 3 | | by an adoption agency shall be restricted to the full name, |
| 4 | | date of birth, place of birth, last known address, last known |
| 5 | | telephone number of the sought-after relative or, if |
| 6 | | applicable, of the children or siblings of the sought-after |
| 7 | | relative, and the 18.3 statement. If the petitioner is an |
| 8 | | adult adopted or surrendered person or the adoptive parent of |
| 9 | | a minor and if the petitioner has signed a written |
| 10 | | authorization to disclose personal medical information, an |
| 11 | | adoption agency disclosing information to a confidential |
| 12 | | intermediary shall disclose available medical information |
| 13 | | about the adopted or surrendered person from birth through |
| 14 | | adoption. |
| 15 | | (h) Missing or lost original birth certificate; remedy. |
| 16 | | Disclosure of information by the confidential intermediary |
| 17 | | shall be consistent with the public policy and intent of laws |
| 18 | | granting original birth certificate access as expressed in |
| 19 | | Section 18.04 of this Act. The confidential intermediary shall |
| 20 | | comply with the following procedures in disclosing information |
| 21 | | to the petitioners: |
| 22 | | (1) If the petitioner is an adult adopted or |
| 23 | | surrendered person, or the adult child, adult grandchild, |
| 24 | | or surviving spouse of a deceased adopted or surrendered |
| 25 | | person, the confidential intermediary shall disclose: |
| 26 | | (A) identifying information about the birth parent |
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| 1 | | of the adopted person and about the adult adopted or |
| 2 | | surrendered person, which, in the ordinary course of |
| 3 | | business, would have been reflected on the original |
| 4 | | filed certificate of birth, as of the date of birth, |
| 5 | | only if: |
| 6 | | (i) the adopted person was born before January |
| 7 | | 1, 1946 and the petitioner has requested a |
| 8 | | non-certified copy of the adopted person's |
| 9 | | original birth certificate under Section 18.1 of |
| 10 | | this Act, and the Illinois Department of Public |
| 11 | | Health has issued a certification that the |
| 12 | | original birth certificate was not found, or the |
| 13 | | petitioner has presented the confidential |
| 14 | | intermediary with the non-certified copy of the |
| 15 | | original birth certificate which omits the name of |
| 16 | | the birth parent; |
| 17 | | (ii) the adopted person was born after January |
| 18 | | 1, 1946, and the petitioner has requested a |
| 19 | | non-certified copy of the adopted person's |
| 20 | | original birth certificate under Section 18.1 of |
| 21 | | this Act and the Illinois Department of Public |
| 22 | | Health has issued a certification that the |
| 23 | | original birth certificate was not found. |
| 24 | | In providing information pursuant to this |
| 25 | | subdivision (h)(1)(A), the confidential intermediary |
| 26 | | shall expressly inform the petitioner in writing that |
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| 1 | | since the identifying information is not from an |
| 2 | | official original certificate of birth filed pursuant |
| 3 | | to the Vital Records Act, the confidential |
| 4 | | intermediary cannot attest to the complete accuracy of |
| 5 | | the information and the confidential intermediary |
| 6 | | shall not be liable if the information disclosed is |
| 7 | | not accurate. Only information from the court files |
| 8 | | shall be provided to the petitioner in this Section. |
| 9 | | If the identifying information concerning a birth |
| 10 | | father is sought by the petitioner, the confidential |
| 11 | | intermediary shall disclose only the identifying |
| 12 | | information of the birth father as defined in Section |
| 13 | | 18.06 of this Act; |
| 14 | | (B) the name of the child welfare agency which had |
| 15 | | legal custody of the surrendered person or |
| 16 | | responsibility for placing the surrendered person and |
| 17 | | any available contact information for such agency; |
| 18 | | (C) the name of the state in which the surrender |
| 19 | | occurred or in which the adoption was finalized; and |
| 20 | | (D) any information for which the sought-after |
| 21 | | relative has provided his or her consent to disclose |
| 22 | | under paragraphs (1) through (4) of subsection (i) of |
| 23 | | this Section. |
| 24 | | (2) If the petitioner is an adult adopted or |
| 25 | | surrendered person, or the adoptive parent of an adult |
| 26 | | adopted or surrendered person under the age of 21, or the |
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| 1 | | adoptive parent of a deceased adopted or surrendered |
| 2 | | person, the confidential intermediary shall provide, in |
| 3 | | addition to the information listed in paragraph (1) of |
| 4 | | this subsection (h): |
| 5 | | (A) any information which the adoption agency |
| 6 | | provides pursuant to subsection (i) of this Section |
| 7 | | pertaining to medical information about the adopted or |
| 8 | | surrendered person; and |
| 9 | | (B) any non-identifying information, as defined in |
| 10 | | Section 18.4 of this Act, that is obtained during the |
| 11 | | search. |
| 12 | | (3) If the petitioner is not defined in paragraph (1) |
| 13 | | or (2) of this subsection, the confidential intermediary |
| 14 | | shall provide to the petitioner: |
| 15 | | (A) any information for which the sought-after |
| 16 | | relative has provided his or her consent under |
| 17 | | paragraphs (1) through (4) of subsection (i) of this |
| 18 | | Section; |
| 19 | | (B) the name of the child welfare agency which had |
| 20 | | legal custody of the surrendered person or |
| 21 | | responsibility for placing the surrendered person and |
| 22 | | any available contact information for such agency; and |
| 23 | | (C) the name of the state in which the surrender |
| 24 | | occurred or in which the adoption was finalized. |
| 25 | | (h-5) Disclosure of information shall be made by the |
| 26 | | confidential intermediary at any time from the appointment of |
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| 1 | | the confidential intermediary and the court's issuance of an |
| 2 | | order of dismissal. |
| 3 | | (i) Duties of confidential intermediary in conducting a |
| 4 | | search. In conducting a search under this Section, the |
| 5 | | confidential intermediary shall first determine whether there |
| 6 | | is a Denial of Information Exchange or a Birth Parent |
| 7 | | Preference Form with Option E selected or an 18.3 statement |
| 8 | | referenced in subsection (g) of this Section on file with the |
| 9 | | Illinois Adoption Registry. If there is a denial, the Birth |
| 10 | | Parent Preference Form on file with the Registry and the birth |
| 11 | | parent who completed the form selected Option E, or if there is |
| 12 | | an 18.3 statement indicating the birth parent's intent not to |
| 13 | | have identifying information shared and the birth parent did |
| 14 | | not later file an Information Exchange Authorization with the |
| 15 | | Registry, the confidential intermediary must discontinue the |
| 16 | | search unless 5 years or more have elapsed since the execution |
| 17 | | of the Denial of Information Exchange, Birth Parent Preference |
| 18 | | Form, or the 18.3 statement. If a birth parent was previously |
| 19 | | the subject of a search through the State confidential |
| 20 | | intermediary program, the confidential intermediary shall |
| 21 | | inform the petitioner of the need to discontinue the search |
| 22 | | until 10 years or more have elapsed since the initial search |
| 23 | | was closed. In cases where a birth parent has been the object |
| 24 | | of 2 searches through the State confidential intermediary |
| 25 | | program, no subsequent search for the birth parent shall be |
| 26 | | authorized absent a court order to the contrary. |
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| 1 | | In conducting a search under this Section, the |
| 2 | | confidential intermediary shall attempt to locate the relative |
| 3 | | or relatives from whom the petitioner has requested |
| 4 | | information. If the sought-after relative is deceased or |
| 5 | | cannot be located after a diligent search, the confidential |
| 6 | | intermediary may contact other adult relatives of the |
| 7 | | sought-after relative. |
| 8 | | The confidential intermediary shall contact a sought-after |
| 9 | | relative on behalf of the petitioner in a manner that respects |
| 10 | | the sought-after relative's privacy and shall inform the |
| 11 | | sought-after relative of the petitioner's request for medical |
| 12 | | information, identifying information or contact as stated in |
| 13 | | the petition. Based upon the terms of the petitioner's |
| 14 | | request, the confidential intermediary shall contact a |
| 15 | | sought-after relative on behalf of the petitioner and inform |
| 16 | | the sought-after relative of the following options: |
| 17 | | (1) The sought-after relative may totally reject one |
| 18 | | or all of the requests for medical information, |
| 19 | | identifying information or contact. The sought-after |
| 20 | | relative shall be informed that they can provide a medical |
| 21 | | questionnaire to be forwarded to the petitioner without |
| 22 | | releasing any identifying information. The confidential |
| 23 | | intermediary shall inform the petitioner of the |
| 24 | | sought-after relative's decision to reject the sharing of |
| 25 | | information or contact. |
| 26 | | (2) The sought-after relative may consent to |
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| 1 | | completing a medical questionnaire only. In this case, the |
| 2 | | confidential intermediary shall provide the questionnaire |
| 3 | | and ask the sought-after relative to complete it. The |
| 4 | | confidential intermediary shall forward the completed |
| 5 | | questionnaire to the petitioner and inform the petitioner |
| 6 | | of the sought-after relative's desire to not provide any |
| 7 | | additional information. |
| 8 | | (3) The sought-after relative may communicate with the |
| 9 | | petitioner without having his or her identity disclosed. |
| 10 | | In this case, the confidential intermediary shall arrange |
| 11 | | the desired communication in a manner that protects the |
| 12 | | identity of the sought-after relative. The confidential |
| 13 | | intermediary shall inform the petitioner of the |
| 14 | | sought-after relative's decision to communicate but not |
| 15 | | disclose his or her identity. |
| 16 | | (4) The sought-after relative may consent to initiate |
| 17 | | contact with the petitioner. The confidential intermediary |
| 18 | | shall obtain written consents from both parties that they |
| 19 | | wish to disclose their identities to each other and to |
| 20 | | have contact with each other. |
| 21 | | (j) Oath. The confidential intermediary shall sign an oath |
| 22 | | of confidentiality substantially as follows: "I, .........., |
| 23 | | being duly sworn, on oath depose and say: As a condition of |
| 24 | | appointment as a confidential intermediary, I affirm that: |
| 25 | | (1) I will not disclose to the petitioner, directly or |
| 26 | | indirectly, any confidential information except in a |
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| 1 | | manner consistent with the law. |
| 2 | | (2) I recognize that violation of this oath subjects |
| 3 | | me to civil liability and to a potential finding of |
| 4 | | contempt of court. ................................ |
| 5 | | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert |
| 6 | | date) |
| 7 | | ................................." |
| 8 | | (k) Sanctions. |
| 9 | | (1) Any confidential intermediary who improperly |
| 10 | | discloses confidential information identifying a |
| 11 | | sought-after relative shall be liable to the sought-after |
| 12 | | relative for damages and may also be found in contempt of |
| 13 | | court. |
| 14 | | (2) Any person who learns a sought-after relative's |
| 15 | | identity, directly or indirectly, through the use of |
| 16 | | procedures provided in this Section and who improperly |
| 17 | | discloses information identifying the sought-after |
| 18 | | relative shall be liable to the sought-after relative for |
| 19 | | actual damages plus minimum punitive damages of $10,000. |
| 20 | | (3) The Department shall fine any confidential |
| 21 | | intermediary who improperly discloses confidential |
| 22 | | information in violation of item (1) or (2) of this |
| 23 | | subsection (k) an amount up to $2,000 per improper |
| 24 | | disclosure. This fine does not affect civil liability |
| 25 | | under item (2) of this subsection (k). The Department |
| 26 | | shall deposit all fines and penalties collected under this |
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| 1 | | Section into the Illinois Adoption Registry and Medical |
| 2 | | Information Exchange Fund. |
| 3 | | (l) Death of person being sought. Notwithstanding any |
| 4 | | other provision of this Act, if the confidential intermediary |
| 5 | | discovers that the person being sought has died, he or she |
| 6 | | shall report this fact to the court, along with a copy of the |
| 7 | | death certificate. If the sought-after relative is a birth |
| 8 | | parent, the confidential intermediary shall also forward a |
| 9 | | copy of the birth parent's death certificate, if available, to |
| 10 | | the Registry for inclusion in the Registry file. |
| 11 | | (m) Any confidential information obtained by the |
| 12 | | confidential intermediary during the course of his or her |
| 13 | | search shall be kept strictly confidential and shall be used |
| 14 | | for the purpose of arranging contact between the petitioner |
| 15 | | and the sought-after birth relative. At the time the case is |
| 16 | | closed, all identifying information shall be returned to the |
| 17 | | court for inclusion in the impounded adoption file. |
| 18 | | (n) (Blank). |
| 19 | | (o) Except as provided in subsection (k) of this Section, |
| 20 | | no liability shall accrue to the State, any State agency, any |
| 21 | | judge, any officer or employee of the court, any certified |
| 22 | | confidential intermediary, or any agency designated to oversee |
| 23 | | confidential intermediary services for acts, omissions, or |
| 24 | | efforts made in good faith within the scope of this Section. |
| 25 | | (p) An adoption agency that has received a request from a |
| 26 | | confidential intermediary for the full name, date of birth, |
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| 1 | | last known address, or last known telephone number of a |
| 2 | | sought-after relative pursuant to subsection (g) of Section |
| 3 | | 18.3a, or for medical information regarding a sought-after |
| 4 | | relative pursuant to subsection (h) of Section 18.3a, must |
| 5 | | satisfactorily comply with this court order within a period of |
| 6 | | 45 days. The court shall order the adoption agency to |
| 7 | | reimburse the petitioner in an amount equal to all payments |
| 8 | | made by the petitioner to the confidential intermediary, and |
| 9 | | the adoption agency shall be subject to a civil monetary |
| 10 | | penalty of $1,000 to be paid to the Department of Children and |
| 11 | | Family Services. Following the issuance of a court order |
| 12 | | finding that the adoption agency has not complied with Section |
| 13 | | 18.3, the adoption agency shall be subject to a monetary |
| 14 | | penalty of $500 per day for each subsequent day of |
| 15 | | non-compliance. Proceeds from such fines shall be utilized by |
| 16 | | the Department of Children and Family Services to subsidize |
| 17 | | the fees of petitioners as referenced in subsection (d) of |
| 18 | | this Section. |
| 19 | | (q) (Blank). |
| 20 | | Any reimbursements and fines, notwithstanding any |
| 21 | | reimbursement directly to the petitioner, paid under this |
| 22 | | subsection are in addition to other remedies a court may |
| 23 | | otherwise impose by law. |
| 24 | | The Department of Children and Family Services shall |
| 25 | | submit reports to the Adoption Registry-Confidential |
| 26 | | Intermediary Advisory Council by July 1 and January 1 of each |
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| 1 | | year in order to report the penalties assessed and collected |
| 2 | | under this subsection, the amounts of related deposits into |
| 3 | | the DCFS Children's Services Fund, and any expenditures from |
| 4 | | such deposits. |
| 5 | | (r) A confidential intermediary shall be permitted to |
| 6 | | access information from closed child welfare agencies whose |
| 7 | | records are housed in the State Central Storage consistent |
| 8 | | with paragraph (g) for all petitioners. If the petitioner is |
| 9 | | an adult adopted or surrendered person, the adoptive parent of |
| 10 | | an adult adopted person under the age of 21, or the adoptive |
| 11 | | parent of a deceased adopted or surrendered person, the |
| 12 | | confidential intermediary may request any non-identifying |
| 13 | | information, including any available medical information about |
| 14 | | the adopted or surrendered person from birth through adoption, |
| 15 | | any non-identifying information described in Section 18.4, and |
| 16 | | the Section 18.3 statement. |
| 17 | | (Source: P.A. 104-69, eff. 1-1-26.) |
| 18 | | Article 10. |
| 19 | | Section 10-1. The State Employee Housing Act is amended by |
| 20 | | changing Section 5-15 as follows: |
| 21 | | (5 ILCS 412/5-15) |
| 22 | | Sec. 5-15. Rental housing. The Department of Corrections, |
| 23 | | the Department of Natural Resources, the Department of |
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| 1 | | Transportation, the University of Illinois, and the University |
| 2 | | of Illinois Foundation shall each analyze the need for |
| 3 | | providing low-rent housing to its employees and shall consider |
| 4 | | alternatives to State-owned housing. Rent charged for |
| 5 | | State-owned housing shall be evaluated every 3 years for |
| 6 | | adjustments, including that necessitated by changing economic |
| 7 | | conditions. |
| 8 | | (Source: P.A. 100-695, eff. 8-3-18.) |
| 9 | | Section 10-5. The Illinois Lottery Law is amended by |
| 10 | | changing Section 21.7 as follows: |
| 11 | | (20 ILCS 1605/21.7) |
| 12 | | Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off |
| 13 | | game. |
| 14 | | (a) The Department shall offer a special instant |
| 15 | | scratch-off game for the benefit of research pertaining to |
| 16 | | multiple sclerosis. The game shall commence on July 1, 2008 or |
| 17 | | as soon thereafter, in the discretion of the Director, as is |
| 18 | | reasonably practical. The operation of the game shall be |
| 19 | | governed by this Act and any rules adopted by the Department. |
| 20 | | (b) The Multiple Sclerosis Research Fund is created as a |
| 21 | | special fund in the State treasury. The net revenue from the |
| 22 | | scratch-out multiple sclerosis scratch-off game created under |
| 23 | | this Section shall be deposited into the Fund for |
| 24 | | appropriation by the General Assembly to the Department of |
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| 1 | | Public Health for the purpose of making a grant or grants to an |
| 2 | | organization or organizations, including the National Multiple |
| 3 | | Sclerosis Society, to provide funding for organizations in |
| 4 | | Illinois that conduct research pertaining to the repair and |
| 5 | | prevention of damage caused by an acquired demyelinating |
| 6 | | disease of the central nervous system. |
| 7 | | Moneys received for the purposes of this Section, |
| 8 | | including, without limitation, net revenue from the special |
| 9 | | instant scratch-off game and from gifts, grants, and awards |
| 10 | | from any public or private entity, must be deposited into the |
| 11 | | Fund. Any interest earned on moneys in the Fund must be |
| 12 | | deposited into the Fund. |
| 13 | | For purposes of this Section, the term "research" |
| 14 | | includes, without limitation, expenditures to develop and |
| 15 | | advance the understanding, techniques, and modalities |
| 16 | | effective for maintaining function, mobility, and strength |
| 17 | | through preventive physical therapy or other treatments and to |
| 18 | | develop and advance the repair, and also the prevention, of |
| 19 | | myelin, neuron, and axon damage caused by an acquired |
| 20 | | demyelinating disease of the central nervous system and the |
| 21 | | restoration of function, including but not limited to, nervous |
| 22 | | system repair or neuroregeneration. |
| 23 | | The grant funds may not be used for institutional, |
| 24 | | organizational, or community-based overhead costs, indirect |
| 25 | | costs, or levies. |
| 26 | | As used in this subsection, "net revenue" means the total |
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| 1 | | amount for which tickets have been sold less the sum of the |
| 2 | | amount paid out in the prizes and to retailers, and direct and |
| 3 | | estimated administrative expenses of the Department solely |
| 4 | | related to the scratch-off game under this Section. |
| 5 | | (c) During the time that tickets are sold for the |
| 6 | | scratch-out multiple sclerosis scratch-off game, the |
| 7 | | Department shall not unreasonably diminish the efforts devoted |
| 8 | | to marketing any other instant scratch-off lottery game. |
| 9 | | (d) The Department may adopt any rules necessary to |
| 10 | | implement and administer the provisions of this Section. |
| 11 | | (Source: P.A. 103-381, eff. 7-28-23.) |
| 12 | | Section 10-10. The Military Code of Illinois is amended by |
| 13 | | changing Sections 26 and 40 as follows: |
| 14 | | (20 ILCS 1805/26) (from Ch. 129, par. 220.26) |
| 15 | | Sec. 26. On or before the 7th day of January each year the |
| 16 | | first day of November next preceding the regular session of |
| 17 | | the General Assembly, The Adjutant General shall make out a |
| 18 | | full and detailed report to the Governor and the General |
| 19 | | Assembly of all the transactions of his office, including |
| 20 | | receipts and expenditures of all appropriated funds. In |
| 21 | | preparing his account of the money paid out and expended, he |
| 22 | | shall group the expenditures made from each separate |
| 23 | | appropriation under the objects and purposes as classified and |
| 24 | | standardized in Section 13 of the State Finance Act "An Act in |
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| 1 | | Relation to State Finance", approved June 10, 1919, as |
| 2 | | amended. The Adjutant General shall also report upon such |
| 3 | | other matters at such times as shall be required by the |
| 4 | | Commander-in-Chief. |
| 5 | | (Source: Laws 1957, p. 2141.) |
| 6 | | (20 ILCS 1805/40) (from Ch. 129, par. 220.40) |
| 7 | | Sec. 40. Except where otherwise specified herein, all |
| 8 | | officers now in active service or hereafter appointed, shall |
| 9 | | hold their respective commissions until they are vacated by |
| 10 | | resignation or retirement, or by acceptance of another |
| 11 | | commission in the State military service, or by sentence of a |
| 12 | | general courts-martial, approved finding of a board of |
| 13 | | officers under Section 42, Article VIII, or approved finding |
| 14 | | of a board of officers convened pursuant to federal |
| 15 | | regulations in which the board recommends withdrawal of |
| 16 | | federal recognition of the officer's commission, or terminated |
| 17 | | under Section 43, Article VIII hereof. Federal recognition |
| 18 | | with commission in the National Guard of the United States is |
| 19 | | established as a requirement for holding commission in the |
| 20 | | active National Guard of Illinois; the commission of an |
| 21 | | officer in the National Guard of Illinois will be terminated |
| 22 | | upon failure to obtain or retain Federal recognition. |
| 23 | | (Source: P.A. 99-557, eff. 1-1-17.) |
| 24 | | (20 ILCS 1805/43 rep.) |
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| 1 | | (20 ILCS 1805/45 rep.) |
| 2 | | Section 10-15. The Military Code of Illinois is amended by |
| 3 | | repealing Sections 43 and 45. |
| 4 | | (20 ILCS 2310/2310-435 rep.) |
| 5 | | Section 10-20. The Department of Public Health Powers and |
| 6 | | Duties Law of the Civil Administrative Code of Illinois is |
| 7 | | amended by repealing Section 2310-435. |
| 8 | | Section 10-25. The Department of Veterans Affairs Act is |
| 9 | | amended by changing Section 2 as follows: |
| 10 | | (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67) |
| 11 | | Sec. 2. Powers and duties. The Department shall have the |
| 12 | | following powers and duties: |
| 13 | | To perform such acts at the request of any veteran, or his |
| 14 | | or her spouse, surviving spouse or dependents as shall be |
| 15 | | reasonably necessary or reasonably incident to obtaining or |
| 16 | | endeavoring to obtain for the requester any advantage, benefit |
| 17 | | or emolument accruing or due to such person under any law of |
| 18 | | the United States, the State of Illinois or any other state or |
| 19 | | governmental agency by reason of the service of such veteran, |
| 20 | | and in pursuance thereof shall: |
| 21 | | (1) Contact veterans, their survivors and dependents |
| 22 | | and advise them of the benefits of state and federal laws |
| 23 | | and assist them in obtaining such benefits; |
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| 1 | | (2) Establish field offices and direct the activities |
| 2 | | of the personnel assigned to such offices; |
| 3 | | (3) (Blank); Create and maintain a volunteer field |
| 4 | | force; the volunteer field force may include |
| 5 | | representatives from the following without limitation: |
| 6 | | educational institutions, labor organizations, veterans |
| 7 | | organizations, employers, churches, and farm |
| 8 | | organizations; the volunteer field force may not process |
| 9 | | federal veterans assistance claims; |
| 10 | | (4) Conduct informational and training services; |
| 11 | | (5) Conduct educational programs through newspapers, |
| 12 | | periodicals, social media, television, and radio for the |
| 13 | | specific purpose of disseminating information affecting |
| 14 | | veterans and their dependents; |
| 15 | | (6) Coordinate the services and activities of all |
| 16 | | state departments having services and resources affecting |
| 17 | | veterans and their dependents; |
| 18 | | (7) Encourage and assist in the coordination of |
| 19 | | agencies within counties giving service to veterans and |
| 20 | | their dependents; |
| 21 | | (8) Cooperate with veterans organizations and other |
| 22 | | governmental agencies; |
| 23 | | (9) Make, alter, amend and promulgate reasonable rules |
| 24 | | and procedures for the administration of this Act; |
| 25 | | (10) Make and publish annual reports to the Governor |
| 26 | | regarding the administration and general operation of the |
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| 1 | | Department; |
| 2 | | (11) (Blank); |
| 3 | | (12) (Blank); and |
| 4 | | (13) Provide informational resources and education to |
| 5 | | veterans returning from deployment regarding service |
| 6 | | animals for individuals with disabilities, including, but |
| 7 | | not limited to, resources and education on service animals |
| 8 | | that guide people who are blind, pull a wheelchair, alert |
| 9 | | a person with hearing loss, protect a person having a |
| 10 | | seizure, assist a person with a traumatic brain injury, |
| 11 | | and calm a person with post-traumatic stress disorder |
| 12 | | during an anxiety attack or psychiatric episode. |
| 13 | | The Department may accept and hold on behalf of the State, |
| 14 | | if for the public interest, a grant, gift, devise or bequest of |
| 15 | | money or property to the Department made for the general |
| 16 | | benefit of Illinois veterans, including the conduct of |
| 17 | | informational and training services by the Department and |
| 18 | | other authorized purposes of the Department. The Department |
| 19 | | shall cause each grant, gift, devise or bequest to be kept as a |
| 20 | | distinct fund and shall invest such funds in the manner |
| 21 | | provided by the Public Funds Investment Act, as now or |
| 22 | | hereafter amended, and shall make such reports as may be |
| 23 | | required by the Comptroller concerning what funds are so held |
| 24 | | and the manner in which such funds are invested. The |
| 25 | | Department may make grants from these funds for the general |
| 26 | | benefit of Illinois veterans. Grants from these funds, except |
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| 1 | | for the funds established under Sections 2.01a and 2.03, shall |
| 2 | | be subject to appropriation. |
| 3 | | The Department has the power to make grants, from funds |
| 4 | | appropriated from the Illinois Military Family Relief Fund, |
| 5 | | for benefits authorized under the Survivors Compensation Act. |
| 6 | | (Source: P.A. 99-314, eff. 8-7-15; 99-576, eff. 7-15-16; |
| 7 | | 100-84, eff. 1-1-18.) |
| 8 | | Section 10-30. The Illinois Procurement Code is amended by |
| 9 | | changing Section 25-35 as follows: |
| 10 | | (30 ILCS 500/25-35) |
| 11 | | Sec. 25-35. Purchase of coal and postage stamps. |
| 12 | | (a) Delivery of necessary supplies. To avoid interruption |
| 13 | | or impediment of delivery of necessary supplies, commodities, |
| 14 | | and coal, State purchasing officers may approve a State |
| 15 | | agency's purchases of or contracts for supplies and |
| 16 | | commodities after April 30 of a fiscal year when delivery of |
| 17 | | the supplies and commodities is to be made after June 30 of |
| 18 | | that fiscal year and payment for which is to be made from |
| 19 | | appropriations for the next fiscal year. |
| 20 | | (b) Postage. All postage stamps purchased from State funds |
| 21 | | by a General Assembly member or constitutional officer must be |
| 22 | | perforated for identification purposes. A General Assembly |
| 23 | | member may furnish the U.S. Post Office with a warrant so as to |
| 24 | | allow for the creation or continuation of a bulk rate mailing |
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| 1 | | fund in the name of the General Assembly member or may furnish |
| 2 | | a postage meter company or post office with a warrant so as to |
| 3 | | facilitate the purchase of a postage meter and its stamps. Any |
| 4 | | postage meter so purchased must also contain a stamp that |
| 5 | | shall state "Official State Mail". |
| 6 | | (Source: P.A. 100-43, eff. 8-9-17.) |
| 7 | | Section 10-35. The School Code is amended by changing |
| 8 | | Section 2-3.30 as follows: |
| 9 | | (105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30) |
| 10 | | Sec. 2-3.30. Census for special education. To require on |
| 11 | | or before December 22 of each year reports as to the census of |
| 12 | | all children 3 years of age through 21 years of age inclusive |
| 13 | | of the types described in definitions under the rules |
| 14 | | authorized in Section 14-1.02 who were receiving special |
| 15 | | education and related services on December 1 of the current |
| 16 | | school year. |
| 17 | | To require an annual report, on or before December 22 of |
| 18 | | each year, from the Department of Juvenile Justice Department |
| 19 | | of Corrections containing a census of all children 3 years of |
| 20 | | age through 21 years of age inclusive of the types described in |
| 21 | | Section 14-1.02 who were receiving special education services |
| 22 | | on December 1 of the current school year within State |
| 23 | | facilities. Such report shall be submitted pursuant to rules |
| 24 | | and regulations issued by the State Board of Education. |
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| 1 | | (Source: P.A. 95-793, eff. 1-1-09.) |
| 2 | | Section 10-40. The Hospital Licensing Act is amended by |
| 3 | | changing Section 6.09 as follows: |
| 4 | | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) |
| 5 | | Sec. 6.09. (a) In order to facilitate the orderly |
| 6 | | transition of aged patients and patients with disabilities |
| 7 | | from hospitals to post-hospital care, whenever a patient who |
| 8 | | qualifies for the federal Medicare program is hospitalized, |
| 9 | | the patient shall be notified of discharge at least 24 hours |
| 10 | | prior to discharge from the hospital. With regard to pending |
| 11 | | discharges to a skilled nursing facility, the hospital must |
| 12 | | notify the case coordination unit, as defined in 89 Ill. Adm. |
| 13 | | Code 240.260, at least 24 hours prior to discharge. When the |
| 14 | | assessment is completed in the hospital, the case coordination |
| 15 | | unit shall provide a copy of the required assessment |
| 16 | | documentation directly to the nursing home to which the |
| 17 | | patient is being discharged prior to discharge. The Department |
| 18 | | on Aging shall provide notice of this requirement to case |
| 19 | | coordination units. When a case coordination unit is unable to |
| 20 | | complete an assessment in a hospital prior to the discharge of |
| 21 | | a patient, 60 years of age or older, to a nursing home, the |
| 22 | | case coordination unit shall notify the Department on Aging |
| 23 | | and which shall notify the Department of Healthcare and Family |
| 24 | | Services. The Department on Aging shall adopt rules to address |
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| 1 | | these instances to ensure that the patient is able to access |
| 2 | | nursing home care, the nursing home is not penalized for |
| 3 | | accepting the admission, and the patient's timely discharge |
| 4 | | from the hospital is not delayed, to the extent permitted |
| 5 | | under federal law or regulation. Nothing in this subsection |
| 6 | | shall preclude federal requirements for a pre-admission |
| 7 | | screening/mental health (PAS/MH) as required under Section |
| 8 | | 2-201.5 of the Nursing Home Care Act or State or federal law or |
| 9 | | regulation. If home health services are ordered, the hospital |
| 10 | | must inform its designated case coordination unit, as defined |
| 11 | | in 89 Ill. Adm. Code 240.260, of the pending discharge and must |
| 12 | | provide the patient with the case coordination unit's |
| 13 | | telephone number and other contact information. |
| 14 | | (b) Every hospital shall develop procedures for a |
| 15 | | physician with medical staff privileges at the hospital or any |
| 16 | | appropriate medical staff member to provide the discharge |
| 17 | | notice prescribed in subsection (a) of this Section. The |
| 18 | | procedures must include prohibitions against discharging or |
| 19 | | referring a patient to any of the following if unlicensed, |
| 20 | | uncertified, or unregistered: (i) a board and care facility, |
| 21 | | as defined in the Board and Care Home Act; (ii) an assisted |
| 22 | | living and shared housing establishment, as defined in the |
| 23 | | Assisted Living and Shared Housing Act; (iii) a facility |
| 24 | | licensed under the Nursing Home Care Act, the Specialized |
| 25 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
| 26 | | Care Act, or the MC/DD Act; (iv) a supportive living facility, |
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| 1 | | as defined in Section 5-5.01a of the Illinois Public Aid Code; |
| 2 | | or (v) a free-standing hospice facility licensed under the |
| 3 | | Hospice Program Licensing Act if licensure, certification, or |
| 4 | | registration is required. The Department of Public Health |
| 5 | | shall annually provide hospitals with a list of licensed, |
| 6 | | certified, or registered board and care facilities, assisted |
| 7 | | living and shared housing establishments, nursing homes, |
| 8 | | supportive living facilities, facilities licensed under the |
| 9 | | ID/DD Community Care Act, the MC/DD Act, or the Specialized |
| 10 | | Mental Health Rehabilitation Act of 2013, and hospice |
| 11 | | facilities. Reliance upon this list by a hospital shall |
| 12 | | satisfy compliance with this requirement. The procedure may |
| 13 | | also include a waiver for any case in which a discharge notice |
| 14 | | is not feasible due to a short length of stay in the hospital |
| 15 | | by the patient, or for any case in which the patient |
| 16 | | voluntarily desires to leave the hospital before the |
| 17 | | expiration of the 24 hour period. |
| 18 | | (c) At least 24 hours prior to discharge from the |
| 19 | | hospital, the patient shall receive written information on the |
| 20 | | patient's right to appeal the discharge pursuant to the |
| 21 | | federal Medicare program, including the steps to follow to |
| 22 | | appeal the discharge and the appropriate telephone number to |
| 23 | | call in case the patient intends to appeal the discharge. |
| 24 | | (d) Before transfer of a patient to a long term care |
| 25 | | facility licensed under the Nursing Home Care Act where |
| 26 | | elderly persons reside, a hospital shall as soon as |
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| 1 | | practicable initiate a name-based criminal history background |
| 2 | | check by electronic submission to the Illinois State Police |
| 3 | | for all persons between the ages of 18 and 70 years; provided, |
| 4 | | however, that a hospital shall be required to initiate such a |
| 5 | | background check only with respect to patients who: |
| 6 | | (1) are transferring to a long term care facility for |
| 7 | | the first time; |
| 8 | | (2) have been in the hospital more than 5 days; |
| 9 | | (3) are reasonably expected to remain at the long term |
| 10 | | care facility for more than 30 days; |
| 11 | | (4) have a known history of serious mental illness or |
| 12 | | substance abuse; and |
| 13 | | (5) are independently ambulatory or mobile for more |
| 14 | | than a temporary period of time. |
| 15 | | A hospital may also request a criminal history background |
| 16 | | check for a patient who does not meet any of the criteria set |
| 17 | | forth in items (1) through (5). |
| 18 | | A hospital shall notify a long term care facility if the |
| 19 | | hospital has initiated a criminal history background check on |
| 20 | | a patient being discharged to that facility. In all |
| 21 | | circumstances in which the hospital is required by this |
| 22 | | subsection to initiate the criminal history background check, |
| 23 | | the transfer to the long term care facility may proceed |
| 24 | | regardless of the availability of criminal history results. |
| 25 | | Upon receipt of the results, the hospital shall promptly |
| 26 | | forward the results to the appropriate long term care |
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| 1 | | facility. If the results of the background check are |
| 2 | | inconclusive, the hospital shall have no additional duty or |
| 3 | | obligation to seek additional information from, or about, the |
| 4 | | patient. |
| 5 | | (Source: P.A. 102-538, eff. 8-20-21; 103-102, eff. 1-1-24.) |
| 6 | | Section 10-45. The Prevention of Unnecessary |
| 7 | | Institutionalization Act is amended by changing Sections 10, |
| 8 | | 15, 20, 25, and 30 as follows: |
| 9 | | (310 ILCS 100/10) |
| 10 | | Sec. 10. Purpose. The purpose of this Act is to authorize |
| 11 | | the Department of Human Services and the Department on Aging |
| 12 | | to each jointly establish programs a program to provide |
| 13 | | funding for necessary structural modifications and assistive |
| 14 | | technology devices to enable older persons and adults and |
| 15 | | children with disabilities to remain in or return to their |
| 16 | | homes or other dwellings of their choice within their |
| 17 | | community in order to allow them to live as independently as |
| 18 | | possible for as long as possible. |
| 19 | | (Source: P.A. 92-122, eff. 7-20-01.) |
| 20 | | (310 ILCS 100/15) |
| 21 | | Sec. 15. Definitions. As used in this Act: |
| 22 | | "Assistive technology device" means an item, piece of |
| 23 | | equipment, or product system, whether acquired commercially, |
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| 1 | | modified, or customized, that is used to increase, maintain, |
| 2 | | or improve functional capabilities of individuals with |
| 3 | | disabilities and older persons. |
| 4 | | "Home Structural modification" means any change in the |
| 5 | | physical structure of a home or a change to a dwelling that |
| 6 | | enhances its usability or accessibility or both for a resident |
| 7 | | who has a disability or is an older person. |
| 8 | | (Source: P.A. 92-122, eff. 7-20-01.) |
| 9 | | (310 ILCS 100/20) |
| 10 | | Sec. 20. Program. Subject to appropriation for these |
| 11 | | purposes, the Department of Human Services and the Department |
| 12 | | on Aging may shall jointly establish programs that a |
| 13 | | Prevention of Unnecessary Institutionalization Grant and Loan |
| 14 | | Program. The Program shall have 2 components: assistive |
| 15 | | technology and home modifications. The Departments in |
| 16 | | developing each program may enter into public-private |
| 17 | | partnerships and establish other grant programs. If there are |
| 18 | | programs and services that are provided under other state |
| 19 | | grants, private grants, federal grants or waivers, those |
| 20 | | services shall meet the intent of this program. The |
| 21 | | Departments may establish the programs as a pilot with the |
| 22 | | intent of expanding statewide with evidence-based outcomes and |
| 23 | | available funding. One component shall be administered by the |
| 24 | | Department of Human Services and the other component shall be |
| 25 | | administered by the Department on Aging. The Department of |
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| 1 | | Human Services and the Department on Aging shall cooperate in |
| 2 | | the overall administration of the Program. |
| 3 | | (Source: P.A. 92-122, eff. 7-20-01.) |
| 4 | | (310 ILCS 100/25) |
| 5 | | Sec. 25. Eligibility. Persons age 60 or older over and |
| 6 | | adults and children with disabilities may shall be eligible |
| 7 | | for grants or loans or both under the programs Program |
| 8 | | established under by this Act if they have one or more |
| 9 | | verifiable impairments that substantially limits one or more |
| 10 | | of life's major activities for which some modification of |
| 11 | | their dwelling or assistive technology devices, or both, are |
| 12 | | required which they are unable to afford because of limited |
| 13 | | resources. Preference shall be given to applicants who: (1) |
| 14 | | are at imminent risk of institutionalization or who are |
| 15 | | already in an institutional setting but are ready to return to |
| 16 | | the community and who would be able to live in the community if |
| 17 | | modifications are made or they have the needed assistive |
| 18 | | technology devices, (2) have inadequate resources or no |
| 19 | | current access to resources as a result of the geographic |
| 20 | | location of their dwelling, the lack of other available State |
| 21 | | or federal funds such as the Community Development Block Grant |
| 22 | | or rural housing assistance programs or income limitations |
| 23 | | such as the inability to qualify for a low-interest loan, or |
| 24 | | (3) have access to other resources, but those resources are |
| 25 | | insufficient to complete the necessary modifications or |
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| 1 | | acquire the needed assistive technology devices. Adults under |
| 2 | | 60 years of age with disabilities and children with |
| 3 | | disabilities shall receive services under programs the |
| 4 | | component of the Program administered by the Department of |
| 5 | | Human Services. An adult 60 years of age or older may elect to |
| 6 | | receive services under the component administered by the |
| 7 | | Department of Human Services if, at the time he or she reached |
| 8 | | age 60, he or she was already receiving Home Services under |
| 9 | | subsection (f) of Section 3 of the Rehabilitation of Persons |
| 10 | | with Disabilities Act or he or she was already receiving |
| 11 | | services under the component of the Program administered by |
| 12 | | the Department of Human Services. All other adults 60 years of |
| 13 | | age or older receiving services under the Program shall |
| 14 | | receive services under the programs component administered by |
| 15 | | the Department on Aging. |
| 16 | | (Source: P.A. 99-143, eff. 7-27-15.) |
| 17 | | (310 ILCS 100/30) |
| 18 | | Sec. 30. Rulemaking. The Department of Human Services and |
| 19 | | the Department on Aging may shall jointly adopt administrative |
| 20 | | rules governing each program the Program consistent with this |
| 21 | | Act. |
| 22 | | (Source: P.A. 92-122, eff. 7-20-01.) |
| 23 | | Section 10-50. The Adult Protective Services Act is |
| 24 | | amended by changing Sections 2 and 11 as follows: |
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| 1 | | (320 ILCS 20/2) (from Ch. 23, par. 6602) |
| 2 | | Sec. 2. Definitions. As used in this Act, unless the |
| 3 | | context requires otherwise: |
| 4 | | (a) "Abandonment" means the desertion or willful forsaking |
| 5 | | of an eligible adult by an individual responsible for the care |
| 6 | | and custody of that eligible adult under circumstances in |
| 7 | | which a reasonable person would continue to provide care and |
| 8 | | custody. Nothing in this Act shall be construed to mean that an |
| 9 | | eligible adult is a victim of abandonment because of health |
| 10 | | care services provided or not provided by licensed health care |
| 11 | | professionals. |
| 12 | | (a-1) "Abuse" means causing any physical, mental or sexual |
| 13 | | injury to an eligible adult, including exploitation of such |
| 14 | | adult's financial resources, and abandonment or subjecting an |
| 15 | | eligible adult to an environment which creates a likelihood of |
| 16 | | harm to the eligible adult's health, physical and emotional |
| 17 | | well-being, or welfare. |
| 18 | | Nothing in this Act shall be construed to mean that an |
| 19 | | eligible adult is a victim of abuse, abandonment, neglect, or |
| 20 | | self-neglect for the sole reason that he or she is being |
| 21 | | furnished with or relies upon treatment by spiritual means |
| 22 | | through prayer alone, in accordance with the tenets and |
| 23 | | practices of a recognized church or religious denomination. |
| 24 | | Nothing in this Act shall be construed to mean that an |
| 25 | | eligible adult is a victim of abuse because of health care |
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| 1 | | services provided or not provided by licensed health care |
| 2 | | professionals. |
| 3 | | Nothing in this Act shall be construed to mean that an |
| 4 | | eligible adult is a victim of abuse in cases of criminal |
| 5 | | activity by strangers, telemarketing scams, consumer fraud, |
| 6 | | internet fraud, home repair disputes, complaints against a |
| 7 | | homeowners' association, or complaints between landlords and |
| 8 | | tenants. |
| 9 | | (a-5) "Abuser" means a person who is a family member, |
| 10 | | caregiver, or another person who has a continuing relationship |
| 11 | | with the eligible adult and abuses, abandons, neglects, or |
| 12 | | financially exploits an eligible adult. |
| 13 | | (a-6) "Adult with disabilities" means a person aged 18 |
| 14 | | through 59 who resides in a domestic living situation and |
| 15 | | whose disability as defined in subsection (c-5) impairs his or |
| 16 | | her ability to seek or obtain protection from abuse, |
| 17 | | abandonment, neglect, or exploitation. |
| 18 | | (a-7) "Caregiver" means a person who either as a result of |
| 19 | | a family relationship, voluntarily, or in exchange for |
| 20 | | compensation has assumed responsibility for all or a portion |
| 21 | | of the care of an eligible adult who needs assistance with |
| 22 | | activities of daily living or instrumental activities of daily |
| 23 | | living. |
| 24 | | (b) "Department" means the Department on Aging of the |
| 25 | | State of Illinois. |
| 26 | | (c) "Director" means the Director of the Department. |
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| 1 | | (c-5) "Disability" means a physical or mental disability, |
| 2 | | including, but not limited to, a developmental disability, an |
| 3 | | intellectual disability, a mental illness as defined under the |
| 4 | | Mental Health and Developmental Disabilities Code, or dementia |
| 5 | | as defined under the Alzheimer's Disease Assistance Act. |
| 6 | | (d) "Domestic living situation" means a residence where |
| 7 | | the eligible adult at the time of the report lives alone or |
| 8 | | with his or her family or a caregiver, or others, or other |
| 9 | | community-based unlicensed facility, but is not: |
| 10 | | (1) A licensed facility as defined in Section 1-113 of |
| 11 | | the Nursing Home Care Act; |
| 12 | | (1.5) A facility licensed under the ID/DD Community |
| 13 | | Care Act; |
| 14 | | (1.6) A facility licensed under the MC/DD Act; |
| 15 | | (1.7) A facility licensed under the Specialized Mental |
| 16 | | Health Rehabilitation Act of 2013; |
| 17 | | (2) A "life care facility" as defined in the Life Care |
| 18 | | Facilities Act; |
| 19 | | (3) A home, institution, or other place operated by |
| 20 | | the federal government or agency thereof or by the State |
| 21 | | of Illinois; |
| 22 | | (4) A hospital, sanitarium, or other institution, the |
| 23 | | principal activity or business of which is the diagnosis, |
| 24 | | care, and treatment of human illness through the |
| 25 | | maintenance and operation of organized facilities |
| 26 | | therefor, which is required to be licensed under the |
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| 1 | | Hospital Licensing Act; |
| 2 | | (5) A "community living facility" as defined in the |
| 3 | | Community Living Facilities Licensing Act; |
| 4 | | (6) (Blank); |
| 5 | | (7) A "community-integrated living arrangement" as |
| 6 | | defined in the Community-Integrated Living Arrangements |
| 7 | | Licensure and Certification Act or a "community |
| 8 | | residential alternative" as licensed under that Act; |
| 9 | | (8) An assisted living or shared housing establishment |
| 10 | | as defined in the Assisted Living and Shared Housing Act; |
| 11 | | or |
| 12 | | (9) A supportive living facility as described in |
| 13 | | Section 5-5.01a of the Illinois Public Aid Code. |
| 14 | | (e) "Eligible adult" means either an adult with |
| 15 | | disabilities aged 18 through 59 or a person aged 60 or older |
| 16 | | who resides in a domestic living situation and is, or is |
| 17 | | alleged to be, abused, abandoned, neglected, or financially |
| 18 | | exploited by another individual or who neglects himself or |
| 19 | | herself. "Eligible adult" also includes an adult who resides |
| 20 | | in any of the facilities that are excluded from the definition |
| 21 | | of "domestic living situation" under paragraphs (1) through |
| 22 | | (9) of subsection (d), if either: (i) the alleged abuse, |
| 23 | | abandonment, or neglect occurs outside of the facility and not |
| 24 | | under facility supervision and the alleged abuser is a family |
| 25 | | member, caregiver, or another person who has a continuing |
| 26 | | relationship with the adult; or (ii) the alleged financial |
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| 1 | | exploitation is perpetrated by a family member, caregiver, or |
| 2 | | another person who has a continuing relationship with the |
| 3 | | adult, but who is not an employee of the facility where the |
| 4 | | adult resides. |
| 5 | | (f) "Emergency" means a situation in which an eligible |
| 6 | | adult is living in conditions presenting a risk of death or |
| 7 | | physical, mental or sexual injury and the provider agency has |
| 8 | | reason to believe the eligible adult is unable to consent to |
| 9 | | services which would alleviate that risk. |
| 10 | | (f-1) "Financial exploitation" means the use of an |
| 11 | | eligible adult's resources by another to the disadvantage of |
| 12 | | that adult or the profit or advantage of a person other than |
| 13 | | that adult. |
| 14 | | (f-3) "Investment advisor" means any person required to |
| 15 | | register as an investment adviser or investment adviser |
| 16 | | representative under Section 8 of the Illinois Securities Law |
| 17 | | of 1953, which for purposes of this Act excludes any bank, |
| 18 | | trust company, savings bank, or credit union, or their |
| 19 | | respective employees. |
| 20 | | (f-5) "Mandated reporter" means any of the following |
| 21 | | persons while engaged in carrying out their professional |
| 22 | | duties: |
| 23 | | (1) a professional or professional's delegate while |
| 24 | | engaged in: (i) social services, (ii) law enforcement, |
| 25 | | (iii) education, (iv) the care of an eligible adult or |
| 26 | | eligible adults, or (v) any of the occupations required to |
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| 1 | | be licensed under the Behavior Analyst Licensing Act, the |
| 2 | | Clinical Psychologist Licensing Act, the Clinical Social |
| 3 | | Work and Social Work Practice Act, the Illinois Dental |
| 4 | | Practice Act, the Dietitian Nutritionist Practice Act, the |
| 5 | | Marriage and Family Therapy Licensing Act, the Medical |
| 6 | | Practice Act of 1987, the Naprapathic Practice Act, the |
| 7 | | Nurse Practice Act, the Nursing Home Administrators |
| 8 | | Licensing and Disciplinary Act, the Illinois Occupational |
| 9 | | Therapy Practice Act, the Illinois Optometric Practice Act |
| 10 | | of 1987, the Pharmacy Practice Act, the Illinois Physical |
| 11 | | Therapy Act, the Physician Assistant Practice Act of 1987, |
| 12 | | the Podiatric Medical Practice Act of 1987, the |
| 13 | | Respiratory Care Practice Act, the Professional Counselor |
| 14 | | and Clinical Professional Counselor Licensing and Practice |
| 15 | | Act, the Illinois Speech-Language Pathology and Audiology |
| 16 | | Practice Act, the Veterinary Medicine and Surgery Practice |
| 17 | | Act of 2004, and the Illinois Public Accounting Act; |
| 18 | | (1.5) an employee of an entity providing developmental |
| 19 | | disabilities services or service coordination funded by |
| 20 | | the Department of Human Services; |
| 21 | | (2) an employee of a vocational rehabilitation |
| 22 | | facility prescribed or supervised by the Department of |
| 23 | | Human Services; |
| 24 | | (3) an administrator, employee, or person providing |
| 25 | | services in or through an unlicensed community based |
| 26 | | facility; |
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| 1 | | (4) any religious practitioner who provides treatment |
| 2 | | by prayer or spiritual means alone in accordance with the |
| 3 | | tenets and practices of a recognized church or religious |
| 4 | | denomination, except as to information received in any |
| 5 | | confession or sacred communication enjoined by the |
| 6 | | discipline of the religious denomination to be held |
| 7 | | confidential; |
| 8 | | (5) field personnel of the Department of Healthcare |
| 9 | | and Family Services, Department of Public Health, and |
| 10 | | Department of Human Services, and any county or municipal |
| 11 | | health department; |
| 12 | | (6) personnel of the Department of Human Services, the |
| 13 | | Guardianship and Advocacy Commission, the State Fire |
| 14 | | Marshal, local fire departments, the Department on Aging |
| 15 | | and its subsidiary Area Agencies on Aging and provider |
| 16 | | agencies, except the State Long Term Care Ombudsman and |
| 17 | | any of his or her representatives or volunteers where |
| 18 | | prohibited from making such a report pursuant to 45 CFR |
| 19 | | 1324.11(e)(3)(iv); |
| 20 | | (7) any employee of the State of Illinois not |
| 21 | | otherwise specified herein who is involved in providing |
| 22 | | services to eligible adults, including professionals |
| 23 | | providing medical or rehabilitation services and all other |
| 24 | | persons having direct contact with eligible adults; |
| 25 | | (8) a person who performs the duties of a coroner or |
| 26 | | medical examiner; |
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| 1 | | (9) a person who performs the duties of a paramedic or |
| 2 | | an emergency medical technician; or |
| 3 | | (10) a person who performs the duties of an investment |
| 4 | | advisor. |
| 5 | | (g) "Neglect" means another individual's failure to |
| 6 | | provide an eligible adult with or willful withholding from an |
| 7 | | eligible adult the necessities of life including, but not |
| 8 | | limited to, food, clothing, shelter or health care. This |
| 9 | | subsection does not create any new affirmative duty to provide |
| 10 | | support to eligible adults. Nothing in this Act shall be |
| 11 | | construed to mean that an eligible adult is a victim of neglect |
| 12 | | because of health care services provided or not provided by |
| 13 | | licensed health care professionals. |
| 14 | | (h) "Provider agency" means any public or nonprofit agency |
| 15 | | in a planning and service area that is selected by the |
| 16 | | Department or appointed by the regional administrative agency |
| 17 | | with prior approval by the Department on Aging to receive and |
| 18 | | assess reports of alleged or suspected abuse, abandonment, |
| 19 | | neglect, or financial exploitation. A provider agency is also |
| 20 | | referenced as a "designated agency" in this Act. |
| 21 | | (i) "Regional administrative agency" means any public or |
| 22 | | nonprofit agency in a planning and service area that provides |
| 23 | | regional oversight and performs functions as set forth in |
| 24 | | subsection (b) of Section 3 of this Act. The Department shall |
| 25 | | designate an Area Agency on Aging as the regional |
| 26 | | administrative agency or, in the event the Area Agency on |
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| 1 | | Aging in that planning and service area is deemed by the |
| 2 | | Department to be unwilling or unable to provide those |
| 3 | | functions, the Department may serve as the regional |
| 4 | | administrative agency or designate another qualified entity to |
| 5 | | serve as the regional administrative agency; any such |
| 6 | | designation shall be subject to terms set forth by the |
| 7 | | Department. |
| 8 | | (i-5) "Self-neglect" means a condition that is the result |
| 9 | | of an eligible adult's inability, due to physical or mental |
| 10 | | impairments, or both, or a diminished capacity, to perform |
| 11 | | essential self-care tasks that substantially threaten his or |
| 12 | | her own health, including: providing essential food, clothing, |
| 13 | | shelter, and health care; and obtaining goods and services |
| 14 | | necessary to maintain physical health, mental health, |
| 15 | | emotional well-being, and general safety. The term includes |
| 16 | | compulsive hoarding, which is characterized by the acquisition |
| 17 | | and retention of large quantities of items and materials that |
| 18 | | produce an extensively cluttered living space, which |
| 19 | | significantly impairs the performance of essential self-care |
| 20 | | tasks or otherwise substantially threatens life or safety. |
| 21 | | (j) "Substantiated case" means a reported case of alleged |
| 22 | | or suspected abuse, abandonment, neglect, financial |
| 23 | | exploitation, or self-neglect in which a provider agency, |
| 24 | | after assessment, determines that there is reason to believe |
| 25 | | abuse, abandonment, neglect, or financial exploitation has |
| 26 | | occurred. |
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| 1 | | (k) "Verified" means a determination that there is "clear |
| 2 | | and convincing evidence" that the specific injury or harm |
| 3 | | alleged was the result of abuse, abandonment, neglect, or |
| 4 | | financial exploitation. |
| 5 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22; |
| 6 | | 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.) |
| 7 | | (320 ILCS 20/11) (from Ch. 23, par. 6611) |
| 8 | | Sec. 11. Annual Reports. The Department shall annually |
| 9 | | file with the Governor and the General Assembly, no later than |
| 10 | | January 1 within 270 days after the end of each fiscal year, a |
| 11 | | report concerning its implementation of this Act during the |
| 12 | | prior such fiscal year, together with any recommendations for |
| 13 | | future implementation. |
| 14 | | (Source: P.A. 90-628, eff. 1-1-99.) |
| 15 | | (410 ILCS 201/Act rep.) |
| 16 | | Section 10-55. The Autism Spectrum Disorders Reporting Act |
| 17 | | is repealed. |
| 18 | | Section 10-60. The Illinois Solid Waste Management Act is |
| 19 | | amended by changing Sections 3 and 3.1 as follows: |
| 20 | | (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053) |
| 21 | | Sec. 3. State agency materials recycling program. |
| 22 | | (a) All State agencies and local governments shall |
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| 1 | | consider whether compost products can be used in the land |
| 2 | | maintenance activity project when soliciting and reviewing |
| 3 | | bids for land maintenance activity projects. If compost |
| 4 | | products can be used in the project, the State agency or local |
| 5 | | government must use compost products unless the compost |
| 6 | | products: |
| 7 | | (1) are not available within a reasonable period of |
| 8 | | time; |
| 9 | | (2) do not comply with existing purchasing standards; |
| 10 | | or |
| 11 | | (3) do not comply with federal or State health and |
| 12 | | safety standards. |
| 13 | | Beginning January 1, 2024, the Department of |
| 14 | | Transportation shall report each year to the General Assembly: |
| 15 | | (i) the volume of compost used in State highway |
| 16 | | construction projects; |
| 17 | | (ii) the status of compost and compost-based products |
| 18 | | used in State highway construction projects; and |
| 19 | | (iii) recommendations to maximize the use of compost |
| 20 | | as a recycled material in State highway construction |
| 21 | | projects. |
| 22 | | State agencies and local governments are encouraged to |
| 23 | | give priority to purchasing compost products from companies |
| 24 | | that produce compost products locally, are certified by a |
| 25 | | nationally recognized organization, and produce compost |
| 26 | | products that are derived from municipal solid waste compost |
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| 1 | | programs. |
| 2 | | (a-5) All State agencies responsible for the maintenance |
| 3 | | of public lands in the State shall review its procurement |
| 4 | | specifications and policies to determine (1) if incorporating |
| 5 | | compost materials will help reduce stormwater run-off and |
| 6 | | increase infiltration of moisture in land maintenance |
| 7 | | activities and (2) the current recycled content usage and |
| 8 | | potential for additional recycled content usage by the Agency |
| 9 | | in land maintenance activities and report to the General |
| 10 | | Assembly by December 15, 2015. |
| 11 | | (b) The Department of Central Management Services, in |
| 12 | | coordination with the Agency, shall implement waste reduction |
| 13 | | programs, including source separation and collection, for |
| 14 | | office wastepaper, corrugated containers, newsprint and mixed |
| 15 | | paper, in all State buildings as appropriate and feasible. |
| 16 | | Such waste reduction programs shall be designed to achieve |
| 17 | | waste reductions of at least 25% of all such waste by December |
| 18 | | 31, 1995, and at least 50% of all such waste by December 31, |
| 19 | | 2000. Any source separation and collection program shall |
| 20 | | include, at a minimum, procedures for collecting and storing |
| 21 | | recyclable materials, bins or containers for storing |
| 22 | | materials, and contractual or other arrangements with buyers |
| 23 | | of recyclable materials. If market conditions so warrant, the |
| 24 | | Department of Central Management Services, in coordination |
| 25 | | with the Agency, may modify programs developed pursuant to |
| 26 | | this Section. |
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| 1 | | The Department of Commerce and Community Affairs (now |
| 2 | | Department of Commerce and Economic Opportunity) shall conduct |
| 3 | | waste categorization studies of all State facilities for |
| 4 | | calendar years 1991, 1995 and 2000. Such studies shall be |
| 5 | | designed to assist the Department of Central Management |
| 6 | | Services to achieve the waste reduction goals established in |
| 7 | | this subsection. |
| 8 | | (c) Each State agency shall, upon consultation with the |
| 9 | | Agency, periodically review its procurement procedures and |
| 10 | | specifications related to the purchase of products or |
| 11 | | supplies. Such procedures and specifications shall be modified |
| 12 | | as necessary to require the procuring agency to seek out |
| 13 | | products and supplies that contain recycled materials, and to |
| 14 | | ensure that purchased products or supplies are reusable, |
| 15 | | durable or made from recycled materials whenever economically |
| 16 | | and practically feasible. In choosing among products or |
| 17 | | supplies that contain recycled material, consideration shall |
| 18 | | be given to products and supplies with the highest recycled |
| 19 | | material content that is consistent with the effective and |
| 20 | | efficient use of the product or supply. |
| 21 | | (d) Wherever economically and practically feasible, the |
| 22 | | Department of Central Management Services shall procure |
| 23 | | recycled paper and paper products as follows: |
| 24 | | (1) Beginning July 1, 1989, at least 10% of the total |
| 25 | | dollar value of paper and paper products purchased by the |
| 26 | | Department of Central Management Services shall be |
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| 1 | | recycled paper and paper products. |
| 2 | | (2) Beginning July 1, 1992, at least 25% of the total |
| 3 | | dollar value of paper and paper products purchased by the |
| 4 | | Department of Central Management Services shall be |
| 5 | | recycled paper and paper products. |
| 6 | | (3) Beginning July 1, 1996, at least 40% of the total |
| 7 | | dollar value of paper and paper products purchased by the |
| 8 | | Department of Central Management Services shall be |
| 9 | | recycled paper and paper products. |
| 10 | | (4) Beginning July 1, 2000, at least 50% of the total |
| 11 | | dollar value of paper and paper products purchased by the |
| 12 | | Department of Central Management Services shall be |
| 13 | | recycled paper and paper products. |
| 14 | | (e) Paper and paper products purchased from private |
| 15 | | vendors pursuant to printing contracts are not considered |
| 16 | | paper products for the purposes of subsection (d). However, |
| 17 | | the Department of Central Management Services shall report to |
| 18 | | the General Assembly on an annual basis the total dollar value |
| 19 | | of printing contracts awarded to private sector vendors that |
| 20 | | included the use of recycled paper. |
| 21 | | (f)(1) Wherever economically and practically feasible, |
| 22 | | the recycled paper and paper products referred to in |
| 23 | | subsection (d) shall contain postconsumer or recovered |
| 24 | | paper materials as specified by paper category in this |
| 25 | | subsection: |
| 26 | | (i) Recycled high grade printing and writing paper |
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| 1 | | shall contain at least 50% recovered paper material. |
| 2 | | Such recovered paper material, until July 1, 1994, |
| 3 | | shall consist of at least 20% deinked stock or |
| 4 | | postconsumer material; and beginning July 1, 1994, |
| 5 | | shall consist of at least 25% deinked stock or |
| 6 | | postconsumer material; and beginning July 1, 1996, |
| 7 | | shall consist of at least 30% deinked stock or |
| 8 | | postconsumer material; and beginning July 1, 1998, |
| 9 | | shall consist of at least 40% deinked stock or |
| 10 | | postconsumer material; and beginning July 1, 2000, |
| 11 | | shall consist of at least 50% deinked stock or |
| 12 | | postconsumer material. |
| 13 | | (ii) Recycled tissue products, until July 1, 1994, |
| 14 | | shall contain at least 25% postconsumer material; and |
| 15 | | beginning July 1, 1994, shall contain at least 30% |
| 16 | | postconsumer material; and beginning July 1, 1996, |
| 17 | | shall contain at least 35% postconsumer material; and |
| 18 | | beginning July 1, 1998, shall contain at least 40% |
| 19 | | postconsumer material; and beginning July 1, 2000, |
| 20 | | shall contain at least 45% postconsumer material. |
| 21 | | (iii) Recycled newsprint, until July 1, 1994, |
| 22 | | shall contain at least 40% postconsumer material; and |
| 23 | | beginning July 1, 1994, shall contain at least 50% |
| 24 | | postconsumer material; and beginning July 1, 1996, |
| 25 | | shall contain at least 60% postconsumer material; and |
| 26 | | beginning July 1, 1998, shall contain at least 70% |
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| 1 | | postconsumer material; and beginning July 1, 2000, |
| 2 | | shall contain at least 80% postconsumer material. |
| 3 | | (iv) Recycled unbleached packaging, until July 1, |
| 4 | | 1994, shall contain at least 35% postconsumer |
| 5 | | material; and beginning July 1, 1994, shall contain at |
| 6 | | least 40% postconsumer material; and beginning July 1, |
| 7 | | 1996, shall contain at least 45% postconsumer |
| 8 | | material; and beginning July 1, 1998, shall contain at |
| 9 | | least 50% postconsumer material; and beginning July 1, |
| 10 | | 2000, shall contain at least 55% postconsumer |
| 11 | | material. |
| 12 | | (v) Recycled paperboard, until July 1, 1994, shall |
| 13 | | contain at least 80% postconsumer material; and |
| 14 | | beginning July 1, 1994, shall contain at least 85% |
| 15 | | postconsumer material; and beginning July 1, 1996, |
| 16 | | shall contain at least 90% postconsumer material; and |
| 17 | | beginning July 1, 1998, shall contain at least 95% |
| 18 | | postconsumer material. |
| 19 | | (2) For the purposes of this Section, "postconsumer |
| 20 | | material" includes: |
| 21 | | (i) paper, paperboard, and fibrous wastes from |
| 22 | | retail stores, office buildings, homes, and so forth, |
| 23 | | after the waste has passed through its end usage as a |
| 24 | | consumer item, including used corrugated boxes, old |
| 25 | | newspapers, mixed waste paper, tabulating cards, and |
| 26 | | used cordage; and |
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| 1 | | (ii) all paper, paperboard, and fibrous wastes |
| 2 | | that are diverted or separated from the municipal |
| 3 | | solid waste stream. |
| 4 | | (3) For the purposes of this Section, "recovered paper |
| 5 | | material" includes: |
| 6 | | (i) postconsumer material; |
| 7 | | (ii) dry paper and paperboard waste generated |
| 8 | | after completion of the papermaking process (that is, |
| 9 | | those manufacturing operations up to and including the |
| 10 | | cutting and trimming of the paper machine reel into |
| 11 | | smaller rolls or rough sheets), including envelope |
| 12 | | cuttings, bindery trimmings, and other paper and |
| 13 | | paperboard waste resulting from printing, cutting, |
| 14 | | forming, and other converting operations, or from bag, |
| 15 | | box and carton manufacturing, and butt rolls, mill |
| 16 | | wrappers, and rejected unused stock; and |
| 17 | | (iii) finished paper and paperboard from obsolete |
| 18 | | inventories of paper and paperboard manufacturers, |
| 19 | | merchants, wholesalers, dealers, printers, converters, |
| 20 | | or others. |
| 21 | | (g) The Department of Central Management Services may |
| 22 | | adopt regulations to carry out the provisions and purposes of |
| 23 | | this Section. |
| 24 | | (h) Every State agency shall, in its procurement |
| 25 | | documents, specify that, whenever economically and practically |
| 26 | | feasible, a product to be procured must consist, wholly or in |
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| 1 | | part, of recycled materials, or be recyclable or reusable in |
| 2 | | whole or in part. When applicable, if state guidelines are not |
| 3 | | already prescribed, State agencies shall follow USEPA |
| 4 | | guidelines for federal procurement. |
| 5 | | (i) All State agencies shall cooperate with the Department |
| 6 | | of Central Management Services in carrying out this Section. |
| 7 | | The Department of Central Management Services may enter into |
| 8 | | cooperative purchasing agreements with other governmental |
| 9 | | units in order to obtain volume discounts, or for other |
| 10 | | reasons in accordance with the Governmental Joint Purchasing |
| 11 | | Act, or in accordance with the Intergovernmental Cooperation |
| 12 | | Act if governmental units of other states or the federal |
| 13 | | government are involved. |
| 14 | | (j) The Department of Central Management Services shall |
| 15 | | submit an annual report to the General Assembly concerning its |
| 16 | | implementation of the State's collection and recycled paper |
| 17 | | procurement programs. This report shall include a description |
| 18 | | of the actions that the Department of Central Management |
| 19 | | Services has taken in the previous fiscal year to implement |
| 20 | | this Section. This report shall be submitted on or before |
| 21 | | November 1 of each year. |
| 22 | | (k) The Department of Central Management Services, in |
| 23 | | cooperation with all other appropriate departments and |
| 24 | | agencies of the State, shall institute whenever economically |
| 25 | | and practically feasible the use of re-refined motor oil in |
| 26 | | all State-owned motor vehicles and the use of remanufactured |
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| 1 | | and retread tires whenever such use is practical, beginning no |
| 2 | | later than July 1, 1992. |
| 3 | | (l) (Blank). |
| 4 | | (m) The Department of Central Management Services, in |
| 5 | | coordination with the Department of Commerce and Community |
| 6 | | Affairs (now Department of Commerce and Economic Opportunity), |
| 7 | | has implemented an aluminum can recycling program in all State |
| 8 | | buildings within 270 days of the effective date of this |
| 9 | | amendatory Act of 1997. The program provides for (1) the |
| 10 | | collection and storage of used aluminum cans in bins or other |
| 11 | | appropriate containers made reasonably available to occupants |
| 12 | | and visitors of State buildings and (2) the sale of used |
| 13 | | aluminum cans to buyers of recyclable materials. |
| 14 | | Proceeds from the sale of used aluminum cans shall be |
| 15 | | deposited into I-CYCLE accounts maintained in the Facilities |
| 16 | | Management Revolving Fund and, subject to appropriation, shall |
| 17 | | be used by the Department of Central Management Services and |
| 18 | | any other State agency to offset the costs of implementing the |
| 19 | | aluminum can recycling program under this Section. |
| 20 | | All State agencies having an aluminum can recycling |
| 21 | | program in place shall continue with their current plan. If a |
| 22 | | State agency has an existing recycling program in place, |
| 23 | | proceeds from the aluminum can recycling program may be |
| 24 | | retained and distributed pursuant to that program, otherwise |
| 25 | | all revenue resulting from these programs shall be forwarded |
| 26 | | to Central Management Services, I-CYCLE for placement into the |
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| 1 | | appropriate account within the Facilities Management Revolving |
| 2 | | Fund, minus any operating costs associated with the program. |
| 3 | | (Source: P.A. 102-444, eff. 8-20-21; 103-570, eff. 1-1-24.) |
| 4 | | (415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1) |
| 5 | | Sec. 3.1. Institutions of higher learning. |
| 6 | | (a) For purposes of this Section "State-supported |
| 7 | | institutions of higher learning" or "institutions" means the |
| 8 | | University of Illinois, Southern Illinois University, the |
| 9 | | colleges and universities under the jurisdiction of the Board |
| 10 | | of Governors of State Colleges and Universities, the colleges |
| 11 | | and universities under the jurisdiction of the Board of |
| 12 | | Regents of Regency Universities, and the public community |
| 13 | | colleges subject to the Public Community College Act. |
| 14 | | (b) Each State-supported institution of higher learning |
| 15 | | shall develop a comprehensive waste reduction plan covering a |
| 16 | | period of 10 years which addresses the management of solid |
| 17 | | waste generated by academic, administrative, student housing |
| 18 | | and other institutional functions. The waste reduction plan |
| 19 | | shall be developed by January 1, 1995. The initial plan |
| 20 | | required under this Section shall be updated by the |
| 21 | | institution every 5 years, and any proposed amendments to the |
| 22 | | plan shall be submitted for review in accordance with |
| 23 | | subsection (f). |
| 24 | | (c) Each waste reduction plan shall address, at a minimum, |
| 25 | | the following topics: existing waste generation by volume, |
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| 1 | | waste composition, existing waste reduction and recycling |
| 2 | | activities, waste collection and disposal costs, future waste |
| 3 | | management methods, and specific goals to reduce the amount of |
| 4 | | waste generated that is subject to landfill disposal. |
| 5 | | (d) Each waste reduction plan shall provide for recycling |
| 6 | | of marketable materials currently present in the institution's |
| 7 | | waste stream, including but not limited to landscape waste, |
| 8 | | corrugated cardboard, computer paper, and white office paper, |
| 9 | | and shall provide for the investigation of potential markets |
| 10 | | for other recyclable materials present in the institution's |
| 11 | | waste stream. The recycling provisions of the waste reduction |
| 12 | | plan shall be designed to achieve, by January 1, 2000, at least |
| 13 | | a 40% reduction (referenced to a base year of 1987) in the |
| 14 | | amount of solid waste that is generated by the institution and |
| 15 | | identified in the waste reduction plan as being subject to |
| 16 | | landfill disposal. |
| 17 | | (e) Each waste reduction plan shall evaluate the |
| 18 | | institution's procurement policies and practices to eliminate |
| 19 | | procedures which discriminate against items with recycled |
| 20 | | content, and to identify products or items which are procured |
| 21 | | by the institution on a frequent or repetitive basis for which |
| 22 | | products with recycled content may be substituted. Each waste |
| 23 | | reduction plan shall prescribe that it will be the policy of |
| 24 | | the institution to purchase products with recycled content |
| 25 | | whenever such products have met specifications and standards |
| 26 | | of equivalent products which do not contain recycled content. |
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| 1 | | (f) (Blank). Each waste reduction plan developed in |
| 2 | | accordance with this Section shall be submitted to the Agency |
| 3 | | for review and approval. The Agency's review shall be |
| 4 | | conducted in cooperation with the Board of Higher Education |
| 5 | | and the Illinois Community College Board. |
| 6 | | (g) The Agency shall provide technical assistance, |
| 7 | | technical materials, workshops and other information necessary |
| 8 | | to assist in the development and implementation of the waste |
| 9 | | reduction plans. The Agency shall develop guidelines and |
| 10 | | funding criteria for providing grant assistance to |
| 11 | | institutions for the implementation of approved waste |
| 12 | | reduction plans. |
| 13 | | (Source: P.A. 102-444, eff. 8-20-21.) |
| 14 | | (415 ILCS 110/Act rep.) |
| 15 | | Section 10-65. The Recycled Newsprint Use Act is repealed. |
| 16 | | (415 ILCS 145/Act rep.) |
| 17 | | Section 10-70. The Illinois Cool Cities Act is repealed. |
| 18 | | Section 10-75. The Illinois Chemical Safety Act is amended |
| 19 | | by changing Section 9 as follows: |
| 20 | | (430 ILCS 45/9) (from Ch. 111 1/2, par. 959) |
| 21 | | Sec. 9. Informational and Technical Assistance Program. |
| 22 | | (a) The IEMA-OHS IEMA and the Agency shall develop an |
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| 1 | | informational and technical assistance program relating to the |
| 2 | | implementation of this Act. |
| 3 | | (b) Upon request by a business, the Agency may provide |
| 4 | | technical assistance relating to emergency preparedness. The |
| 5 | | assistance may include provision of relevant guidance |
| 6 | | materials, identification of potential hazards associated with |
| 7 | | releases of chemical substances, and information regarding |
| 8 | | currently available emergency response procedures, practices, |
| 9 | | equipment, and supplies. |
| 10 | | (c) The IEMA-OHS shall, to the extent allowed by law, make |
| 11 | | the following publicly available as soon as practicable on its |
| 12 | | website On or before February 1 of each year, the IEMA shall |
| 13 | | publish a report summarizing by county for the preceding |
| 14 | | calendar year: |
| 15 | | (1) The status of notifications provided by businesses |
| 16 | | under Section 4. |
| 17 | | (2) Information on significant releases. |
| 18 | | (3) Information on enforcement actions taken under |
| 19 | | Section 11. |
| 20 | | (4) The status of emergency preparedness planning and |
| 21 | | activities by communities in which businesses that are |
| 22 | | subject to the provisions of this Act are located. |
| 23 | | (d) (Blank). The IEMA shall provide copies of the annual |
| 24 | | report to the appropriate local units of government. These |
| 25 | | local governments and agencies shall maintain a copy of each |
| 26 | | annual report, which shall be available for inspection by the |
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| 1 | | public. |
| 2 | | (Source: P.A. 86-548; 87-168.) |
| 3 | | Section 95. No acceleration or delay. Where this Act makes |
| 4 | | changes in a statute that is represented in this Act by text |
| 5 | | that is not yet or no longer in effect (for example, a Section |
| 6 | | represented by multiple versions), the use of that text does |
| 7 | | not accelerate or delay the taking effect of (i) the changes |
| 8 | | made by this Act or (ii) provisions derived from any other |
| 9 | | Public Act. |
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 10 ILCS 5/1A-50 | | | | 4 | | 15 ILCS 20/50-5 | | | | 5 | | 15 ILCS 20/50-40 | | | | 6 | | 20 ILCS 505/5a | from Ch. 23, par. 5005a | | | 7 | | 20 ILCS 605/605-515 | was 20 ILCS 605/46.13a | | | 8 | | 20 ILCS 605/605-1075 | | | | 9 | | 20 ILCS 1105/11 | from Ch. 96 1/2, par. 7411 | | | 10 | | 20 ILCS 3501/825-95 rep. | | | | 11 | | 20 ILCS 3501/825-100 rep. | | | | 12 | | 20 ILCS 3930/9.3 | | | | 13 | | 25 ILCS 80/5 | from Ch. 63, par. 42.93-5 | | | 14 | | 30 ILCS 105/5.908 | | | | 15 | | 30 ILCS 105/5.921 | | | | 16 | | 30 ILCS 105/5.693 rep. | | | | 17 | | 30 ILCS 105/5.741 rep. | | | | 18 | | 30 ILCS 105/5.817 rep. | | | | 19 | | 35 ILCS 5/201.5 rep. | | | | 20 | | 415 ILCS 60/22.2 | from Ch. 5, par. 822.2 | | | 21 | | 420 ILCS 20/14 | from Ch. 111 1/2, par. 241-14 | | | 22 | | 520 ILCS 25/15 | | | | 23 | | 625 ILCS 5/3-658 | | | | 24 | | 625 ILCS 5/3-699.14 | | | | 25 | | 625 ILCS 5/11-501.01 | | |
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| | 1 | | 630 ILCS 5/15 | | | | 2 | | 630 ILCS 5/90 rep. | | | | 3 | | 730 ILCS 5/5-9-1.8 | | | | 4 | | 750 ILCS 50/18.3a | from Ch. 40, par. 1522.3a | | | 5 | | 5 ILCS 412/5-15 | | | | 6 | | 20 ILCS 1605/21.7 | | | | 7 | | 20 ILCS 1805/26 | from Ch. 129, par. 220.26 | | | 8 | | 20 ILCS 1805/40 | from Ch. 129, par. 220.40 | | | 9 | | 20 ILCS 1805/43 rep. | | | | 10 | | 20 ILCS 1805/45 rep. | | | | 11 | | 20 ILCS 2310/2310-435 rep. | | | | 12 | | 20 ILCS 2805/2 | from Ch. 126 1/2, par. 67 | | | 13 | | 30 ILCS 500/25-35 | | | | 14 | | 105 ILCS 5/2-3.30 | from Ch. 122, par. 2-3.30 | | | 15 | | 210 ILCS 85/6.09 | from Ch. 111 1/2, par. 147.09 | | | 16 | | 310 ILCS 100/10 | | | | 17 | | 310 ILCS 100/15 | | | | 18 | | 310 ILCS 100/20 | | | | 19 | | 310 ILCS 100/25 | | | | 20 | | 310 ILCS 100/30 | | | | 21 | | 320 ILCS 20/2 | from Ch. 23, par. 6602 | | | 22 | | 320 ILCS 20/11 | from Ch. 23, par. 6611 | | | 23 | | 410 ILCS 201/Act rep. | | | | 24 | | 415 ILCS 20/3 | from Ch. 111 1/2, par. 7053 | | | 25 | | 415 ILCS 20/3.1 | from Ch. 111 1/2, par. 7053.1 | | | 26 | | 415 ILCS 110/Act rep. | | |
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| | 1 | | 415 ILCS 145/Act rep. | | | | 2 | | 430 ILCS 45/9 | from Ch. 111 1/2, par. 959 |
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