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Public Act 104-0695 |
| HB5181 Enrolled | LRB104 19228 SPS 32674 b |
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AN ACT concerning State government. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Article 5. |
Section 5-5. The Election Code is amended by changing |
Section 1A-50 as follows: |
(10 ILCS 5/1A-50) |
Sec. 1A-50. Electronic Registration Information Center. |
The ERIC Operations Trust Fund. The ERIC Operations Trust Fund |
(Trust Fund) is created as a nonappropriated trust fund to be |
held outside of the State treasury, with the State Treasurer |
as ex officio custodian. The Trust Fund shall be financed by a |
combination of private donations and by appropriations by the |
General Assembly. The Board may accept from all sources, |
contributions, grants, gifts, bequeaths, legacies of money, |
and securities to be deposited into the Trust Fund. All |
deposits shall become part of the Trust Fund corpus. Moneys in |
the Trust Fund are not subject to appropriation and shall be |
used by the Board solely for the costs and expenses related to |
the participation in the Electronic Registration Information |
Center pursuant to this Code. |
All gifts, grants, assets, funds, or moneys received by |
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the Board for the purpose of participation in the Electronic |
Registration Information Center shall be deposited into the |
Elections Special Projects Fund and shall be used by the Board |
solely for the costs and expenses related to the participation |
in the Electronic Registration Information Center pursuant to |
this Code and held in the Trust Fund by the State Treasurer |
separate and apart from all public moneys or funds of this |
State and shall be administered by the Board exclusively for |
the purposes set forth in this Section. All moneys in the Trust |
Fund shall be invested and reinvested by the State Treasurer. |
All interest accruing from these investments shall be |
deposited into the Trust Fund. |
The ERIC Operations Trust Fund is not subject to sweeps, |
administrative chargebacks, or any other fiscal or budgetary |
maneuver that would in any way transfer any amounts from the |
ERIC Operations Trust Fund into any other fund of the State. |
On July 1, 2025, or as soon thereafter as practical, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the ERIC Operations Trust |
Fund into the Elections Special Projects Fund. Upon completion |
of the transfer, the ERIC Operations Trust Fund is dissolved, |
and any future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund pass to the Elections |
Special Projects Fund. |
(Source: P.A. 104-2, eff. 6-16-25.) |
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Section 5-10. The State Budget Law of the Civil |
Administrative Code of Illinois is amended by changing |
Sections 50-5 and 50-40 as follows: |
(15 ILCS 20/50-5) |
Sec. 50-5. Governor to submit State budget. |
(a) The Governor shall, as soon as possible and not later |
than the second Wednesday in March in 2010 (March 10, 2010), |
the third Wednesday in February in 2011, the fourth Wednesday |
in February in 2012 (February 22, 2012), the first Wednesday |
in March in 2013 (March 6, 2013), the fourth Wednesday in March |
in 2014 (March 26, 2014), the first Wednesday in February in |
2022 (February 2, 2022), and the third Wednesday in February |
of each year thereafter, except as otherwise provided in this |
Section, submit a State budget, embracing therein the amounts |
recommended by the Governor to be appropriated to the |
respective departments, offices, and institutions, and for all |
other public purposes, the estimated revenues from taxation, |
and the estimated revenues from sources other than taxation. |
Except with respect to the capital development provisions of |
the State budget, beginning with the revenue estimates |
prepared for fiscal year 2012, revenue estimates shall be |
based solely on: (i) revenue sources (including non-income |
resources), rates, and levels that exist as of the date of the |
submission of the State budget for the fiscal year and (ii) |
revenue sources (including non-income resources), rates, and |
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levels that have been passed by the General Assembly as of the |
date of the submission of the State budget for the fiscal year |
and that are authorized to take effect in that fiscal year. |
Except with respect to the capital development provisions of |
the State budget, the Governor shall determine available |
revenue, deduct the cost of essential government services, |
including, but not limited to, pension payments and debt |
service, and assign a percentage of the remaining revenue to |
each statewide prioritized goal, as established in Section |
50-25 of this Law, taking into consideration the proposed |
goals set forth in the report of the Commission established |
under that Section. The Governor shall also demonstrate how |
spending priorities for the fiscal year fulfill those |
statewide goals. The amounts recommended by the Governor for |
appropriation to the respective departments, offices and |
institutions shall be formulated according to each |
department's, office's, and institution's ability to |
effectively deliver services that meet the established |
statewide goals. The amounts relating to particular functions |
and activities shall be further formulated in accordance with |
the object classification specified in Section 13 of the State |
Finance Act. In addition, the amounts recommended by the |
Governor for appropriation shall take into account each State |
agency's effectiveness in achieving its prioritized goals for |
the previous fiscal year, as set forth in Section 50-25 of this |
Law, giving priority to agencies and programs that have |
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demonstrated a focus on the prevention of waste and the |
maximum yield from resources. |
The Governor shall also present periodic budget addresses |
throughout the fiscal year at the invitation of the General |
Assembly. |
The Governor shall not propose expenditures and the |
General Assembly shall not enact appropriations that exceed |
the resources estimated to be available, as provided in this |
Section. Appropriations may be adjusted during the fiscal year |
by means of one or more supplemental appropriation bills if |
any State agency either fails to meet or exceeds the goals set |
forth in Section 50-25 of this Law. |
For the purposes of Article VIII, Section 2 of the 1970 |
Illinois Constitution, the State budget for the following |
funds shall be prepared on the basis of revenue and |
expenditure measurement concepts that are in concert with |
generally accepted accounting principles for governments: |
(1) General Revenue Fund. |
(2) Common School Fund. |
(3) Education Educational Assistance Fund. |
(4) Road Fund. |
(5) Motor Fuel Tax Fund. |
(6) Agricultural Premium Fund. |
These funds shall be known as the "budgeted funds". The |
revenue estimates used in the State budget for the budgeted |
funds shall include the estimated beginning fund balance, plus |
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revenues estimated to be received during the budgeted year, |
plus the estimated receipts due the State as of June 30 of the |
budgeted year that are expected to be collected during the |
lapse period following the budgeted year, minus the receipts |
collected during the first 2 months of the budgeted year that |
became due to the State in the year before the budgeted year. |
Revenues shall also include estimated federal reimbursements |
associated with the recognition of Section 25 of the State |
Finance Act liabilities. For any budgeted fund for which |
current year revenues are anticipated to exceed expenditures, |
the surplus shall be considered to be a resource available for |
expenditure in the budgeted fiscal year. |
Expenditure estimates for the budgeted funds included in |
the State budget shall include the costs to be incurred by the |
State for the budgeted year, to be paid in the next fiscal |
year, excluding costs paid in the budgeted year which were |
carried over from the prior year, where the payment is |
authorized by Section 25 of the State Finance Act. For any |
budgeted fund for which expenditures are expected to exceed |
revenues in the current fiscal year, the deficit shall be |
considered as a use of funds in the budgeted fiscal year. |
Revenues and expenditures shall also include transfers |
between funds that are based on revenues received or costs |
incurred during the budget year. |
Appropriations for expenditures shall also include all |
anticipated statutory continuing appropriation obligations |
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that are expected to be incurred during the budgeted fiscal |
year. |
By March 15 of each year, the Commission on Government |
Forecasting and Accountability shall prepare revenue and fund |
transfer estimates in accordance with the requirements of this |
Section and report those estimates to the General Assembly and |
the Governor. |
For all funds other than the budgeted funds, the proposed |
expenditures shall not exceed funds estimated to be available |
for the fiscal year as shown in the budget. Appropriation for a |
fiscal year shall not exceed funds estimated by the General |
Assembly to be available during that year. |
(b) By February 24, 2010, the Governor must file a written |
report with the Secretary of the Senate and the Clerk of the |
House of Representatives containing the following: |
(1) for fiscal year 2010, the revenues for all |
budgeted funds, both actual to date and estimated for the |
full fiscal year; |
(2) for fiscal year 2010, the expenditures for all |
budgeted funds, both actual to date and estimated for the |
full fiscal year; |
(3) for fiscal year 2011, the estimated revenues for |
all budgeted funds, including without limitation the |
affordable General Revenue Fund appropriations, for the |
full fiscal year; and |
(4) for fiscal year 2011, an estimate of the |
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anticipated liabilities for all budgeted funds, including |
without limitation the affordable General Revenue Fund |
appropriations, debt service on bonds issued, and the |
State's contributions to the pension systems, for the full |
fiscal year. |
Between July 1 and August 31 of each fiscal year, the |
members of the General Assembly and members of the public may |
make written budget recommendations to the Governor. |
The Beginning with budgets prepared for fiscal year 2013, |
the budgets submitted by the Governor and appropriations made |
by the General Assembly for all executive branch State |
agencies must adhere to a method of budgeting where each |
priority must be justified each year according to merit rather |
than according to the amount appropriated for the preceding |
year. |
(Source: P.A. 104-435, eff. 11-21-25.) |
(15 ILCS 20/50-40) |
Sec. 50-40. General funds defined. "General funds" or |
"State general funds" means the General Revenue Fund, the |
Common School Fund, the General Revenue Common School Special |
Account Fund, the Education Assistance Fund, the Fund for the |
Advancement of Education, the Commitment to Human Services |
Fund, and the Budget Stabilization Fund. |
(Source: P.A. 100-23, eff. 7-6-17.) |
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Section 5-15. The Children and Family Services Act is |
amended by changing Section 5a as follows: |
(20 ILCS 505/5a) (from Ch. 23, par. 5005a) |
Sec. 5a. Reimbursable services for which the Department of |
Children and Family Services shall pay 100% of the reasonable |
cost pursuant to a written contract negotiated between the |
Department and the agency furnishing the services (which shall |
include but not be limited to the determination of reasonable |
cost, the services being purchased and the duration of the |
agreement) include, but are not limited to: |
SERVICE ACTIVITIES
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Adjunctive Therapy;
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Child Care Service, including day care;
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Clinical Therapy;
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Custodial Service;
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Field Work Students;
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Food Service;
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Normal Education;
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In-Service Training;
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Intake or Evaluation, or both;
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Medical Services;
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Recreation;
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Social Work or Counselling, or both;
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Supportive Staff;
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Volunteers. |
OBJECT EXPENSES
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Professional Fees and Contract Service Payments;
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Supplies;
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Telephone and Telegram;
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Occupancy;
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Local Transportation;
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Equipment and Other Fixed Assets, including amortization
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of same;
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Miscellaneous. |
ADMINISTRATIVE COSTS
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Program Administration;
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Supervision and Consultation;
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Inspection and Monitoring for purposes of issuing
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licenses;
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Determination of Children who are eligible
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for federal or other reimbursement;
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Postage and Shipping;
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Outside Printing, Artwork, etc.;
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Subscriptions and Reference Publications;
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Management and General Expense. |
Reimbursement of administrative costs other than inspection |
and monitoring for purposes of issuing licenses may not exceed |
20% of the costs for other services. |
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The Department may offer services to any child or family |
with respect to whom a report of suspected child abuse or |
neglect has been called in to the hotline after completion of a |
family assessment as provided under subsection (a-5) of |
Section 7.4 of the Abused and Neglected Child Reporting Act |
and the Department has determined that services are needed to |
address the safety of the child and other family members and |
the risk of subsequent maltreatment. Acceptance of such |
services shall be voluntary. |
All Object Expenses, Service Activities and Administrative |
Costs are allowable. |
If a survey instrument is used in the rate setting |
process: |
(a) with respect to any day care centers, it shall be |
limited to those agencies which receive reimbursement from |
the State; |
(b) the cost survey instrument shall be promulgated by |
rule; |
(c) any requirements of the respondents shall be |
promulgated by rule; |
(d) all screens, limits or other tests of |
reasonableness, allowability and reimbursability shall be |
promulgated by rule; |
(e) adjustments may be made by the Department to rates |
when it determines that reported wage and salary levels |
are insufficient to attract capable caregivers in |
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sufficient numbers. |
The Department of Children and Family Services may pay |
100% of the reasonable costs of research and valuation focused |
exclusively on services to youth in care. Such research |
projects must be approved, in advance, by the Director of the |
Department. |
In addition to reimbursements otherwise provided for in |
this Section, the Department of Human Services, through June |
30, 2026 and Department of Early Childhood beginning on and |
after July 1, 2026, shall, in accordance with annual written |
agreements, make advance quarterly disbursements to local |
public agencies for child day care services with funds |
appropriated from the Local Effort Day Care Fund. |
Neither the Department of Children and Family Services nor |
the Department of Human Services through June 30, 2026 and the |
Department of Early Childhood beginning on and after July 1, |
2026 shall pay or approve reimbursement for day care in a |
facility which is operating without a valid license or permit, |
except in the case of day care homes or day care centers which |
are exempt from the licensing requirements of the Child Care |
Act of 1969. |
The rates paid to day care providers by the Department of |
Children and Family Services shall match the rates paid to |
child care providers by the Department of Human Services, |
including base rates and any relevant rate enhancements |
through June 30, 2026. On and after July 1, 2026, the |
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Department of Early Childhood shall pay day care providers, |
who service the Department of Children and Family Services |
under the child care assistance program, including base rates |
and any relevant rate enhancements. |
(Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.) |
Section 5-20. The Department of Commerce and Economic |
Opportunity Law of the Civil Administrative Code of Illinois |
is amended by changing Sections 605-515 and 605-1075 as |
follows: |
(20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) |
Sec. 605-515. Environmental Regulatory Assistance Program. |
(a) In this Section, except where the context clearly |
requires otherwise, "small business stationary source" means a |
business that is owned or operated by a person that employs 100 |
or fewer individuals; is a small business; is not a major |
stationary source as defined in Titles I and III of the federal |
1990 Clean Air Act Amendments; does not emit 50 tons or more |
per year of any regulated pollutant (as defined under the |
federal Clean Air Act); and emits less than 75 tons per year of |
all regulated pollutants. |
(b) The Department may: |
(1) Provide access to technical and compliance |
information for Illinois firms, including small and middle |
market companies, to facilitate local business compliance |
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with the federal, State, and local environmental |
regulations. |
(2) Coordinate and enter into cooperative agreements |
with a State ombudsman office, which shall be established |
in accordance with the federal 1990 Clean Air Act |
Amendments to provide direct oversight to the program |
established under that Act. |
(3) Enter into contracts, cooperative agreements, and |
financing agreements and establish and collect charges and |
fees necessary or incidental to the performance of duties |
and the execution of powers under this Section. |
(4) Accept and expend, subject to appropriation, |
gifts, grants, awards, funds, contributions, charges, |
fees, and other financial or nonfinancial aid from |
federal, State, and local governmental agencies, |
businesses, educational agencies, not-for-profit |
organizations, and other entities, for the purposes of |
this Section. |
(5) Establish, staff, and administer programs and |
services and adopt such rules and regulations necessary to |
carry out the intent of this Section and Section 507, |
"Small Business Stationary Source Technical and |
Environmental Compliance Assistance Program", of the |
federal 1990 Clean Air Act Amendments. |
(c) The Department's environmental compliance programs and |
services for businesses may include, but need not be limited |
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to, the following: |
(1) Communication and outreach services to or on |
behalf of individual companies, including collection and |
compilation of appropriate information on regulatory |
compliance issues and control technologies, and |
dissemination of that information through publications, |
direct mailings, electronic communications, conferences, |
workshops, one-on-one counseling, and other means of |
technical assistance. |
(2) Provision of referrals and access to technical |
assistance, pollution prevention and facility audits, and |
otherwise serving as an information clearinghouse on |
pollution prevention through the coordination of the |
Illinois Sustainable Technology Center of the University |
of Illinois. In addition, environmental and regulatory |
compliance issues and techniques, which may include |
business rights and responsibilities, applicable |
permitting and compliance requirements, compliance methods |
and acceptable control technologies, release detection, |
and other applicable information may be provided. |
(3) Coordination with and provision of administrative |
and logistical support to the State Compliance Advisory |
Panel. |
(d) There is hereby created a special fund in the State |
Treasury to be known as the Small Business Environmental |
Assistance Fund. Monies received under subdivision (b)(4) of |
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this Section shall be deposited into the Clean Air Act Permit |
Fund. |
Monies in the Small Business Environmental Assistance Fund |
may be used, subject to appropriation, only for the purposes |
authorized by this Section. On July 1, 2025, or as soon |
thereafter as practical, the State Comptroller shall direct |
and the State Treasurer shall transfer the remaining balance |
from the Small Business Environmental Assistance Fund into the |
Clean Air Act Permit Fund. Upon completion of the transfer, |
the Small Business Environmental Assistance Fund is dissolved, |
and any future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund shall pass to the |
Clean Air Act Permit Fund. |
(e) Subject to appropriation, the Department may use |
moneys from the Clean Air Act Permit Fund for the purposes |
authorized by this Section. |
(Source: P.A. 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.) |
(20 ILCS 605/605-1075) |
(Text of Section before amendment by P.A. 104-458) |
Sec. 605-1075. Energy Transition Assistance Fund. |
(a) The General Assembly hereby declares that management |
of several economic development programs requires a |
consolidated funding source to improve resource efficiency. |
The General Assembly specifically recognizes that properly |
serving communities and workers impacted by the energy |
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transition requires that the Department of Commerce and |
Economic Opportunity have access to the resources required for |
the execution of the programs for workforce and contractor |
development, just transition investments and community |
support, and the implementation and administration of energy |
and justice efforts by the State. |
(b) The Department shall be responsible for the |
administration of the Energy Transition Assistance Fund and |
shall allocate funding on the basis of priorities established |
in this Section. Each year, the Department shall determine the |
available amount of resources in the Fund that can be |
allocated to the programs identified in this Section, and |
allocate the funding accordingly. The Department shall, to the |
extent practical, consider both the short-term and long-term |
costs of the programs and allocate funding so that the |
Department is able to cover both the short-term and long-term |
costs of these programs using projected revenue. |
The available funding for each year shall be allocated |
from the Fund in the following order of priority: |
(1) for costs related to the Clean Jobs Workforce |
Network Program, up to $21,000,000 annually prior to June |
1, 2023 and $24,333,333 annually thereafter; |
(2) for costs related to the Clean Energy Contractor |
Incubator Program, up to $21,000,000 annually; |
(3) for costs related to the Clean Energy Primes |
Contractor Accelerator Program, up to $9,000,000 annually; |
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(4) for costs related to the Barrier Reduction |
Program, up to $21,000,000 annually; |
(5) for costs related to the Jobs and Environmental |
Justice Grant Program, up to $34,000,000 annually; |
(6) for costs related to the Returning Residents Clean |
Jobs Training Program, up to $6,000,000 annually; |
(7) for costs related to Energy Transition Navigators, |
up to $6,000,000 annually; |
(8) for costs related to the Illinois Climate Works |
Preapprenticeship Program, up to $10,000,000 annually; |
(9) for costs related to Energy Transition Community |
Support Grants, up to $40,000,000 annually; |
(10) for costs related to the Displaced Energy Worker |
Dependent Scholarship, upon request by the Illinois |
Student Assistance Commission, up to $1,100,000 annually; |
(11) up to $10,000,000 annually shall be transferred |
to the Public Utility Utilities Fund for use by the |
Illinois Commerce Commission for costs of administering |
the changes made to the Public Utilities Act by Public Act |
102-662 this amendatory Act of the 102nd General Assembly; |
(12) up to $4,000,000 annually shall be transferred to |
the Illinois Power Agency Operations Fund for use by the |
Illinois Power Agency; and |
(13) for costs related to the Clean Energy Jobs and |
Justice Fund, up to $1,000,000 annually. |
The Department is authorized to utilize up to 10% of the |
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Energy Transition Assistance Fund for administrative and |
operational expenses to implement the requirements of this |
Act. |
(c) Within 30 days after the effective date of this |
amendatory Act of the 102nd General Assembly, each electric |
utility serving more than 500,000 customers in the State shall |
report to the Department its total kilowatt-hours of energy |
delivered during the 12 months ending on the immediately |
preceding May 31. By October 31, 2021 and each October 31 |
thereafter, each electric utility serving more than 500,000 |
customers in the State shall report to the Department its |
total kilowatt-hours of energy delivered during the 12 months |
ending on the immediately preceding May 31. |
(d) The Department shall, within 60 days after the |
effective date of this amendatory Act of the 102nd General |
Assembly: |
(1) determine the amount necessary, but not more than |
$180,000,000, to meet the funding needs of the programs |
reliant upon the Energy Transition Assistance Fund as a |
revenue source for the period between the effective date |
of this amendatory Act of the 102nd General Assembly and |
December 31, 2021; |
(2) determine, based on the kilowatt-hour deliveries |
for the 12 months ending May 31, 2021 reported by the |
electric utilities under subsection (c), the total energy |
transition assistance charge to be allocated to each |
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electric utility for the period between the effective date |
of this amendatory Act of the 102nd General Assembly and |
December 31, 2021; and |
(3) report the total energy transition assistance |
charge applicable until December 31, 2021 to each electric |
utility serving more than 500,000 customers in the State |
and the Illinois Commerce Commission for purposes of |
filing the tariff pursuant to Section 16-108.30 of the |
Public Utilities Act. |
(e) The Department shall by November 30, 2021, and each |
November 30 thereafter: |
(1) determine the amount necessary, but not more than |
$180,000,000, to meet the funding needs of the programs |
reliant upon the Energy Transition Assistance Fund as a |
revenue source for the immediately following calendar |
year; |
(2) determine, based on the kilowatt-hour deliveries |
for the 12 months ending on the immediately preceding May |
31 reported to it by the electric utilities under |
subsection (c), the total energy transition assistance |
charge to be allocated to each electric utility for the |
immediately following calendar year; and |
(3) report the energy transition assistance charge |
applicable for the immediately following calendar year to |
each electric utility serving more than 500,000 customers |
in the State and the Illinois Commerce Commission for |
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purposes of filing the tariff pursuant to Section |
16-108.30 of the Public Utilities Act. |
(f) The energy transition assistance charge may not exceed |
$180,000,000 annually. If, at the end of the calendar year, |
any surplus remains in the Energy Transition Assistance Fund, |
the Department may allocate the surplus from the fund in the |
following order of priority: |
(1) for costs related to the development of the |
Stretch Energy Codes and other standards at the Capital |
Development Board, up to $500,000 annually, at the request |
of the Board; |
(2) up to $7,000,000 annually shall be transferred to |
the Energy Efficiency Trust Fund and Clean Air Act Permit |
Fund for use by the Environmental Protection Agency for |
costs related to energy efficiency and weatherization, and |
costs of implementation, administration, and enforcement |
of the Clean Air Act; and |
(3) for costs related to State fleet electrification |
at the Department of Central Management Services, up to |
$10,000,000 annually, at the request of the Department. |
(Source: P.A. 102-662, eff. 9-15-21.) |
(Text of Section after amendment by P.A. 104-458) |
Sec. 605-1075. Energy Transition Assistance Fund. |
(a) The General Assembly hereby declares that management |
of several economic development programs requires a |
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consolidated funding source to improve resource efficiency. |
The General Assembly specifically recognizes that properly |
serving communities and workers impacted by the energy |
transition requires that the Department of Commerce and |
Economic Opportunity have access to the resources required for |
the execution of the programs for workforce and contractor |
development, just transition investments and community |
support, and the implementation and administration of energy |
and justice efforts by the State. |
(b) The Department shall be responsible for the |
administration of the Energy Transition Assistance Fund and |
shall allocate funding on the basis of priorities established |
in this Section. Each year, the Department shall determine the |
available amount of resources in the Fund that can be |
allocated to the programs identified in this Section, and |
allocate the funding accordingly. The Department shall, to the |
extent practical, consider both the short-term and long-term |
costs of the programs and allocate funding so that the |
Department is able to cover both the short-term and long-term |
costs of these programs using projected revenue. |
The available funding for each year shall be allocated |
from the Fund in the following order of priority: |
(1) for costs related to the Clean Jobs Workforce |
Network Program, up to $21,000,000 annually prior to June |
1, 2023; $24,333,333 annually from June 1, 2023 to May 30, |
2026; and $26,500,000 annually thereafter; |
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(2) for costs related to the Clean Energy Contractor |
Incubator Program, up to $21,000,000 annually prior to |
June 1, 2026 and up to $22,687,403 thereafter; |
(3) for costs related to the Clean Energy Primes |
Contractor Accelerator Program, up to $9,000,000 annually; |
(4) for costs related to the Barrier Reduction |
Program, up to $21,000,000 annually prior to June 1, 2026 |
and up to $22,143,079 annually thereafter; |
(5) for costs related to the Jobs and Environmental |
Justice Grant Program, up to $34,000,000 annually prior to |
June 1, 2026 and up to $41,000,000 annually thereafter; |
(6) for costs related to the Returning Residents Clean |
Jobs Training Program, up to $6,000,000 annually; |
(7) for costs related to Energy Transition Navigators, |
up to $6,000,000 annually prior to June 1, 2026 and up to |
$6,500,000 annually thereafter; |
(8) for costs related to the Illinois Climate Works |
Preapprenticeship Program, up to $10,000,000 annually; |
(9) for costs related to Energy Transition Community |
Support Grants, up to $40,000,000 annually; |
(10) for costs related to the Displaced Energy Worker |
Dependent Scholarship, upon request by the Illinois |
Student Assistance Commission, up to $1,100,000 annually; |
(11) up to $10,000,000 annually shall be transferred |
to the Public Utility Utilities Fund for use by the |
Illinois Commerce Commission for costs of administering |
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the changes made to the Public Utilities Act by Public Act |
102-662 this amendatory Act of the 102nd General Assembly; |
(12) up to $4,000,000 annually shall be transferred to |
the Illinois Power Agency Operations Fund for use by the |
Illinois Power Agency; and |
(13) for costs related to the Clean Energy Jobs and |
Justice Fund, up to $1,000,000 annually. |
The Department is authorized to utilize up to 10% of the |
Energy Transition Assistance Fund for administrative and |
operational expenses to implement the requirements of this |
Act. |
(b-5) Beginning January 1, 2028, at the direction of the |
Department, the State Comptroller shall direct and the State |
Treasurer shall transfer up to $84,800,000 annually into the |
Electric Vehicle and Charging Fund from the Energy Transition |
Assistance Fund for costs related to transportation |
electrification programs, as described in Section 36 of the |
Electric Vehicle Rebate Act. The Environmental Protection |
Agency may use up to 3% of the annual allocation under this |
subsection (b-5) for administrative and operational expenses. |
(c) Within 30 days after September 15, 2021 (the effective |
date of Public Act 102-662) this amendatory Act of the 102nd |
General Assembly, each electric utility serving more than |
500,000 customers in the State shall report to the Department |
its total kilowatt-hours of energy delivered during the 12 |
months ending on the immediately preceding May 31. By October |
|
31, 2021 and each October 31 thereafter, each electric utility |
serving more than 500,000 customers in the State shall report |
to the Department its total kilowatt-hours of energy delivered |
during the 12 months ending on the immediately preceding May |
31. |
(d) The Department shall, within 60 days after September |
15, 2021 (the effective date of Public Act 102-662) this |
amendatory Act of the 102nd General Assembly: |
(1) determine the amount necessary, but not more than |
$180,000,000, to meet the funding needs of the programs |
reliant upon the Energy Transition Assistance Fund as a |
revenue source for the period between September 15, 2021 |
(the effective date of Public Act 102-662) this amendatory |
Act of the 102nd General Assembly and December 31, 2021; |
(2) determine, based on the kilowatt-hour deliveries |
for the 12 months ending May 31, 2021 reported by the |
electric utilities under subsection (c), the total energy |
transition assistance charge to be allocated to each |
electric utility for the period between September 15, 2021 |
(the effective date of Public Act 102-662) this amendatory |
Act of the 102nd General Assembly and December 31, 2021; |
and |
(3) report the total energy transition assistance |
charge applicable until December 31, 2021 to each electric |
utility serving more than 500,000 customers in the State |
and the Illinois Commerce Commission for purposes of |
|
filing the tariff pursuant to Section 16-108.30 of the |
Public Utilities Act. |
(d-5) Notwithstanding subsection (d), the Department |
shall, within 60 days after June 1, 2026 (the effective date of |
Public Act 104-458) this amendatory Act of the 104th General |
Assembly, determine the amount necessary, but not more than |
$192,000,000, to meet the funding needs of the programs |
reliant upon the Energy Transition Assistance Fund as a |
revenue source. |
(e) The Department shall by November 30, 2021, and each |
November 30 thereafter: |
(1) determine the amount necessary, but not more than |
$180,000,000 before June 1, 2026 (the effective date of |
Public Act 104-458) this amendatory Act of the 104th |
General Assembly and not more than $192,000,000, plus the |
amount needed to fund the programs described in subsection |
(b-5), after June 1, 2026 (the effective date of Public |
Act 104-458) this amendatory Act of the 104th General |
Assembly, to meet the funding needs of the programs |
reliant upon the Energy Transition Assistance Fund as a |
revenue source for the immediately following calendar |
year; |
(2) determine, based on the kilowatt-hour deliveries |
for the 12 months ending on the immediately preceding May |
31 reported to it by the electric utilities under |
subsection (c), the total energy transition assistance |
|
charge to be allocated to each electric utility for the |
immediately following calendar year; and |
(3) report the energy transition assistance charge |
applicable for the immediately following calendar year to |
each electric utility serving more than 500,000 customers |
in the State and the Illinois Commerce Commission for |
purposes of filing the tariff pursuant to Section |
16-108.30 of the Public Utilities Act. |
(f) The energy transition assistance charge may not exceed |
$192,000,000 plus the amount needed to fund the programs |
described in subsection (b-5) annually. If, at the end of the |
calendar year, any surplus remains in the Energy Transition |
Assistance Fund, the Department may allocate the surplus from |
the fund in the following order of priority: |
(1) for costs related to the development of the |
Stretch Energy Codes and other standards at the Capital |
Development Board, up to $500,000 annually, at the request |
of the Board; |
(2) up to $7,000,000 annually shall be transferred to |
the Energy Efficiency Trust Fund and Clean Air Act Permit |
Fund for use by the Environmental Protection Agency for |
costs related to energy efficiency and weatherization, and |
costs of implementation, administration, and enforcement |
of the Clean Air Act; and |
(3) for costs related to State fleet electrification |
at the Department of Central Management Services, up to |
|
$10,000,000 annually, at the request of the Department. |
(Source: P.A. 104-458, eff. 6-1-26.) |
Section 5-25. The Energy Conservation and Coal Development |
Act is amended by changing Section 11 as follows: |
(20 ILCS 1105/11) (from Ch. 96 1/2, par. 7411) |
Sec. 11. Deposit of Illinois Industrial Coal Utilization |
moneys. The Department is authorized to accept any and all |
grants, repayments of interest and principal on Industrial |
Coal Utilization loans, matching funds, reimbursements, |
appropriations, income derived from investments, or other |
things of value from the federal or state governments or from |
any institution, person, partnership, joint venture, or |
corporation, public or private, received under the Illinois |
Industrial Coal Utilization Program for deposit into the |
General Revenue Fund in the State treasury. Any moneys |
collected as a result of foreclosures of loans or other |
financing agreements, or the violation of any of their terms, |
under this program shall also be deposited into the General |
Revenue Fund. On or as soon as practicable after July 1, 1991, |
the State Comptroller and the State Treasurer shall transfer |
the balance of moneys in the Illinois Industrial Coal |
Utilization Fund to the General Revenue Fund. |
(Source: P.A. 87-14.) |
|
(20 ILCS 3501/825-95 rep.) |
(20 ILCS 3501/825-100 rep.) |
Section 5-30. The Illinois Finance Authority Act is |
amended by repealing Sections 825-95 and 825-100. |
Section 5-35. The Illinois Criminal Justice Information |
Act is amended by changing Section 9.3 as follows: |
(20 ILCS 3930/9.3) |
Sec. 9.3. The Prescription Pill and Drug Disposal Fund. |
The Prescription Pill and Drug Disposal Fund is created as a |
special fund in the State treasury. Moneys in the Fund shall be |
used for grants by the Illinois Criminal Justice Information |
Authority may use the Criminal Justice Information Projects |
Fund for grants to local law enforcement agencies for the |
purpose of facilitating the collection, transportation, and |
incineration of pharmaceuticals from residential sources that |
are collected and transported by law enforcement agencies |
under Section 17.9A of the Environmental Protection Act; to |
municipalities or organizations that establish containers |
designated for the collection and disposal of unused |
controlled substances and conduct collection of unused |
controlled substances through mail-back programs; and for the |
publication or advertising of collection events or mail-back |
programs conducted by municipalities or organizations. Before |
awarding a grant under this Section from this Fund but no later |
|
than July 1, 2016, the Authority shall adopt rules that (i) |
specify the conditions under which grants will be awarded |
under this Section from this Fund and (ii) otherwise provide |
for the implementation and administration of the grant program |
created by this Section. Interest attributable to moneys in |
the Fund shall be paid into the Fund. |
On July 1, 2025, or as soon thereafter as practical, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Prescription Pill and |
Drug Disposal Fund into the Criminal Justice Information |
Projects Fund. Upon completion of the transfer, the |
Prescription Pill and Drug Disposal Fund is dissolved, and any |
future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund shall pass to the |
Criminal Justice Information Projects Fund. |
(Source: P.A. 104-2, eff. 6-16-25.) |
Section 5-40. The Balanced Budget Note Act is amended by |
changing Section 5 as follows: |
(25 ILCS 80/5) (from Ch. 63, par. 42.93-5) |
Sec. 5. Supplemental appropriation bill defined. For |
purposes of this Act, "supplemental appropriation bill" means |
any appropriation bill that (a) is (a) introduced or amended |
(including any changes to legislation by means of the |
submission of a conference committee report) on or after July |
|
1 of a fiscal year and (b) proposes (as introduced or as |
amended as the case may be) to authorize, increase, decrease, |
or reallocate any general funds appropriation for that same |
fiscal year. For the purposes of this definition, "general |
funds" has the meaning set forth in Section 50-40 of the State |
Budget Law of the Civil Administrative Code of Illinois. The |
general funds consist of the General Revenue Fund, the Common |
School Fund, the General Revenue Common School Special Account |
Fund, the Education Assistance Fund, the Fund for the |
Advancement of Education, the Commitment to Human Services |
Fund, and the Budget Stabilization Fund. |
(Source: P.A. 100-587, eff. 6-4-18; revised 6-24-25.) |
Section 5-45. The State Finance Act is amended by changing |
Sections 5.908 and 5.921 as follows: |
(30 ILCS 105/5.908) |
Sec. 5.908. The Guide Dogs of America Fund. This Section |
is repealed on January 1, 2027. |
(Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(30 ILCS 105/5.921) |
Sec. 5.921. The Mechanics Training Fund. This Section is |
repealed on January 1, 2027. |
(Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.) |
|
(30 ILCS 105/5.693 rep.) |
(30 ILCS 105/5.741 rep.) |
(30 ILCS 105/5.817 rep.) |
Section 5-50. The State Finance Act is amended by |
repealing Sections 5.693, 5.741, and 5.817. |
(35 ILCS 5/201.5 rep.) |
Section 5-55. The Illinois Income Tax Act is amended by |
repealing Section 201.5. |
Section 5-60. The Illinois Pesticide Act is amended by |
changing Section 22.2 as follows: |
(415 ILCS 60/22.2) (from Ch. 5, par. 822.2) |
Sec. 22.2. (a) There is hereby created a trust fund in the |
State Treasury to be known as the Agrichemical Incident |
Response Trust Fund. Any funds received by the Director of |
Agriculture from the mandates of Section 13.1 shall be |
deposited with the Treasurer as ex officio custodian and held |
separate and apart from any public money of this State, with |
accruing interest on the trust funds deposited into the trust |
fund. Disbursement from the fund for purposes as set forth in |
this Section shall be by voucher ordered by the Director and |
paid by a warrant drawn by the State Comptroller and |
countersigned by the State Treasurer. The Director shall order |
disbursements from the Agrichemical Incident Response Trust |
|
Fund only for payment of the expenses authorized by this Act. |
Monies in this trust fund shall not be subject to |
appropriation by the General Assembly but shall be subject to |
audit by the Auditor General. Should the program be |
terminated, all unobligated funds in the trust fund shall be |
transferred to a trust fund to be used for purposes as |
originally intended or be transferred to the Pesticide Control |
Fund. Interest earned on the Fund shall be deposited into the |
Fund. Monies in the Pesticide Control Fund may be used by the |
Department of Agriculture for the following purposes: |
(1) for payment of costs of response action incurred |
by owners or operators of agrichemical facilities as |
provided in Section 22.3 of this Act; |
(2) for the Department to take emergency action in |
response to a release of agricultural pesticides from an |
agrichemical facility that has created an imminent threat |
to public health or the environment; |
(3) for the costs of administering its activities |
relative to the Fund as delineated in subsections (b) and |
(c) of this Section; and |
(4) for the Department to: |
(A) (blank); and |
(B) administer the Agrichemical Facility Response |
Action Program. |
The total annual expenditures from the Fund for these |
purposes under this paragraph (4) shall not be more than |
|
$120,000, and no expenditure from the Fund for these |
purposes shall be made when the Fund balance becomes less |
than $750,000. |
(b) The action undertaken shall be such as may be |
necessary or appropriate to protect human health or the |
environment. |
(c) The Director of Agriculture is authorized to enter |
into contracts and agreements as may be necessary to carry out |
the Department's duties under this Section. |
(d) Neither the State, the Director, nor any State |
employee shall be liable for any damages or injury arising out |
of or resulting from any action taken under this Section. |
(e) (Blank). |
(f) (Blank). On July 1, 2025, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the remaining balance from the |
Agrichemical Incident Response Trust Fund into the Pesticide |
Control Fund. Upon completion of the transfer, the |
Agrichemical Incident Response Trust Fund is dissolved, and |
any future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund shall pass to the |
Pesticide Control Fund. |
(Source: P.A. 104-2, eff. 6-16-25.) |
Section 5-65. The Illinois Low-Level Radioactive Waste |
Management Act is amended by changing Section 14 as follows: |
|
(420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14) |
(Text of Section before amendment by P.A. 104-458) |
Sec. 14. Waste management funds. |
(a) There is hereby created in the State Treasury a |
special fund to be known as the Low-Level Radioactive Waste |
Facility Development and Operation Fund. All monies within the |
Low-Level Radioactive Waste Facility Development and Operation |
Fund shall be invested by the State Treasurer in accordance |
with established investment practices. Interest earned by such |
investment shall be returned to the Low-Level Radioactive |
Waste Facility Development and Operation Fund. The Agency |
shall deposit all receipts from the fees required under |
subsections (a) and (b) of Section 13 in the State Treasury to |
the credit of this Fund. Subject to appropriation, the Agency |
is authorized to expend all moneys in the Fund in amounts it |
deems necessary for: |
(1) hiring personnel and any other operating and |
contingent expenses necessary for the proper |
administration of this Act; |
(2) contracting with any firm for the purpose of |
carrying out the purposes of this Act; |
(3) grants to the Central Midwest Interstate Low-Level |
Radioactive Waste Commission; |
(4) hiring personnel, contracting with any person, and |
meeting any other expenses incurred by the Agency in |
|
fulfilling its responsibilities under the Radioactive |
Waste Compact Enforcement Act; |
(5) activities under Sections 10, 10.2 and 10.3; |
(6) payment of fees in lieu of taxes to a local |
government having within its boundaries a regional |
disposal facility; |
(7) payment of grants to counties or municipalities |
under Section 12.1; and |
(8) fulfillment of obligations under a community |
agreement under Section 12.1. |
In spending monies pursuant to such appropriations, the |
Agency shall to the extent practicable avoid duplicating |
expenditures made by any firm pursuant to a contract awarded |
under this Section. |
(b) There is hereby created in the State Treasury a |
special fund to be known as the Low-Level Radioactive Waste |
Facility Closure, Post-Closure Care and Compensation Fund. All |
monies within the Low-Level Radioactive Waste Facility |
Closure, Post-Closure Care and Compensation Fund shall be |
invested by the State Treasurer in accordance with established |
investment practices. Interest earned by such investment shall |
be returned to the Low-Level Radioactive Waste Facility |
Closure, Post-Closure Care and Compensation Fund. All deposits |
into this Fund shall be held by the State Treasurer separate |
and apart from all public money or funds of this State. Subject |
to appropriation, the Agency is authorized to expend any |
|
moneys in this Fund in amounts it deems necessary for: |
(1) decommissioning and other procedures required for |
the proper closure of the regional disposal facility; |
(2) monitoring, inspecting, and other procedures |
required for the proper closure, decommissioning, and |
post-closure care of the regional disposal facility; |
(3) taking any remedial actions necessary to protect |
human health and the environment from releases or |
threatened releases of wastes from the regional disposal |
facility; |
(4) the purchase of facility and third-party liability |
insurance necessary during the institutional control |
period of the regional disposal facility; |
(5) mitigating the impacts of the suspension or |
interruption of the acceptance of waste for disposal; |
(6) compensating any person suffering any damages or |
losses to a person or property caused by a release from the |
regional disposal facility as provided for in Section 15; |
and |
(7) fulfillment of obligations under a community |
agreement under Section 12.1. |
On or before March 1 of each year through March 1, 2025, |
the Agency shall deliver to the Governor, the President and |
Minority Leader of the Senate, the Speaker and Minority Leader |
of the House, and each of the generators that have contributed |
during the preceding State fiscal year to the Fund a financial |
|
statement, certified and verified by the Director, which |
details all receipts and expenditures from the Fund during the |
preceding State fiscal year. The financial statements shall |
identify all sources of income to the Fund and all recipients |
of expenditures from the Fund, shall specify the amounts of |
all the income and expenditures, and shall indicate the |
amounts of all the income and expenditures, and shall indicate |
the purpose for all expenditures. |
On July 1, 2025, or as soon thereafter as practical, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Low-Level Radioactive |
Waste Facility Closure, Post-Closure Care and Compensation |
Fund into the Low-Level Radioactive Waste Facility Development |
and Operation Fund. Upon completion of the transfer, the |
Low-Level Radioactive Waste Facility Closure, Post-Closure |
Care and Compensation Fund is dissolved, and any future |
deposits due to that Fund and any outstanding obligations or |
liabilities of that Fund shall pass to the Low-Level |
Radioactive Waste Facility Development and Operation Fund. |
(c) (Blank). |
(d) The Agency may accept for any of its purposes and |
functions any donations, grants of money, equipment, supplies, |
materials, and services from any state or the United States, |
or from any institution, person, firm or corporation. Any |
donation or grant of money shall be deposited into the |
Low-Level Radioactive Waste Facility Development and Operation |
|
Fund. |
(Source: P.A. 104-2, eff. 6-16-25.) |
(Text of Section after amendment by P.A. 104-458) |
Sec. 14. Waste management funds. |
(a) There is hereby created in the State Treasury a |
special fund to be known as the Low-Level Radioactive Waste |
Facility Operation Fund. All monies within the Low-Level |
Radioactive Waste Facility Operation Fund shall be invested by |
the State Treasurer in accordance with established investment |
practices. Interest earned by such investment shall be |
returned to the Low-Level Radioactive Waste Facility Operation |
Fund. The Agency shall deposit all receipts from the fees |
required under Section 13 in the State Treasury to the credit |
of this Fund. Subject to appropriation, the Agency is |
authorized to expend all moneys in the Fund in amounts it deems |
necessary for: |
(1) hiring personnel and any other operating and |
contingent expenses necessary for the proper |
administration of this Act; |
(2) contracting with any firm for the purpose of |
carrying out the purposes of this Act; |
(3) grants to the Central Midwest Interstate Low-Level |
Radioactive Waste Commission; |
(4) hiring personnel, contracting with any person, and |
meeting any other expenses incurred by the Agency in |
|
fulfilling its responsibilities under the Radioactive |
Waste Compact Enforcement Act; |
(5) activities under Sections 10, 10.2 and 10.3; |
(6) payment of fees in lieu of taxes to a local |
government having within its boundaries a regional |
disposal facility; |
(7) payment of grants to counties or municipalities |
under Section 12.1; |
(8) fulfillment of obligations under a community |
agreement under Section 12.1; |
(9) decommissioning and other procedures required for |
the proper closure of a regional disposal facility; |
(10) monitoring, inspecting, and other procedures |
required for the proper closure, decommissioning, and |
post-closure care of a regional disposal facility; |
(11) taking any remedial actions necessary to protect |
human health and the environment from releases or |
threatened releases of wastes from a regional disposal |
facility; |
(12) the purchase of facility and third-party |
liability insurance necessary during the institutional |
control period of a regional disposal facility; |
(13) mitigating the impacts of the suspension or |
interruption of the acceptance of waste for disposal; and |
(14) compensating any person suffering any damages or |
losses to a person or property caused by a release from the |
|
regional disposal facility as provided for in Section 15. |
In spending monies pursuant to such appropriations, the |
Agency shall to the extent practicable avoid duplicating |
expenditures made by any firm pursuant to a contract awarded |
under this Section. |
(b) (Blank). There is hereby created in the State Treasury |
a special fund to be known as the Low-Level Radioactive Waste |
Facility Closure, Post-Closure Care and Compensation Fund. All |
monies within the Low-Level Radioactive Waste Facility |
Closure, Post-Closure Care and Compensation Fund shall be |
invested by the State Treasurer in accordance with established |
investment practices. Interest earned by such investment shall |
be returned to the Low-Level Radioactive Waste Facility |
Closure, Post-Closure Care and Compensation Fund. All deposits |
into this Fund shall be held by the State Treasurer separate |
and apart from all public money or funds of this State. |
On or before March 1 of each year through March 1, 2025, |
the Agency shall deliver to the Governor, the President and |
Minority Leader of the Senate, the Speaker and Minority Leader |
of the House, and each of the generators that have contributed |
during the preceding State fiscal year to the Fund a financial |
statement, certified and verified by the Director, which |
details all receipts and expenditures from the Fund during the |
preceding State fiscal year. The financial statements shall |
identify all sources of income to the Fund and all recipients |
of expenditures from the Fund, shall specify the amounts of |
|
all the income and expenditures, and shall indicate the |
amounts of all the income and expenditures, and shall indicate |
the purpose for all expenditures. |
On July 1, 2025, or as soon thereafter as practical, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Low-Level Radioactive |
Waste Facility Closure, Post-Closure Care and Compensation |
Fund into the Low-Level Radioactive Waste Facility Operation |
Fund. Upon completion of the transfer, the Low-Level |
Radioactive Waste Facility Closure, Post-Closure Care and |
Compensation Fund is dissolved, and any future deposits due to |
that Fund and any outstanding obligations or liabilities of |
that Fund shall pass to the Low-Level Radioactive Waste |
Facility Operation Fund. |
(c) (Blank). |
(d) The Agency may accept for any of its purposes and |
functions any donations, grants of money, equipment, supplies, |
materials, and services from any state or the United States, |
or from any institution, person, firm or corporation. Any |
donation or grant of money shall be deposited into the |
Low-Level Radioactive Waste Facility Operation Fund. |
(Source: P.A. 104-2, eff. 6-16-25; 104-458, eff. 6-1-26.) |
Section 5-70. The Habitat Endowment Act is amended by |
changing Section 15 as follows: |
|
(520 ILCS 25/15) |
Sec. 15. The Illinois Habitat Fund and the Illinois |
Habitat Endowment Trust Fund. |
(a) There is established in the State treasury a special |
fund entitled the Illinois Habitat Fund. The moneys in this |
fund shall be used, subject to appropriation, exclusively by |
the Department for the preservation and maintenance of high |
quality habitat lands. The Illinois Habitat Fund shall be |
financed through deposits of fees from the sale of State |
Habitat Stamps and artwork as provided for in the Wildlife |
Code, and revenue derived from the sale of Sportsmen Series |
license plates. The Department may accept, from all sources, |
contributions, grants, gifts, bequests, legacies of money, and |
securities to be deposited into the Illinois Habitat Fund. All |
interest earned from moneys in the Illinois Habitat Fund shall |
be deposited into the Illinois Habitat Fund. |
(b) (Blank). The Illinois Habitat Endowment Trust Fund is |
created as a trust fund in the State treasury. The Trust Fund |
shall be financed by a combination of private donations and |
transfers or deposits from the Park and Conservation Fund or |
any other fund authorized by law. The Department may accept, |
from all sources, contributions, grants, gifts, bequests, |
legacies of money, and securities to be deposited into the |
Trust Fund. All deposits shall become part of the Trust Fund |
corpus. Moneys in the Trust Fund are not subject to |
appropriation and shall be used solely to provide financing to |
|
the Illinois Habitat Fund. All gifts, grants, assets, funds, |
or moneys received by the Department under this Act shall be |
deposited and held by the State Treasurer as ex officio |
custodian thereof, separate and apart from all public moneys |
or funds of this State in a trust fund established in |
accordance with State law, and shall be administered by the |
Director exclusively for the purposes set forth in this Act. |
All moneys in the Trust Fund are to be invested and reinvested |
by the State Treasurer. All interest accruing from these |
investments shall be deposited into the Trust Fund. |
Notwithstanding any other provision of law, in addition to any |
other transfers that may be provided by law, on July 1, 2025, |
or as soon thereafter as practical, the State Comptroller |
shall direct and the State Treasurer shall transfer the |
remaining balance from the Illinois Habitat Endowment Trust |
Fund into the Illinois Habitat Fund. Upon completion of the |
transfer, the Illinois Habitat Endowment Trust Fund is |
dissolved, and any future deposits due to that Fund and any |
outstanding obligations or liabilities of that Fund pass to |
the Illinois Habitat Fund. |
(Source: P.A. 104-2, eff. 6-16-25.) |
Section 5-75. The Illinois Vehicle Code is amended by |
changing Sections 3-658, 3-699.14, and 11-501.01 as follows: |
(625 ILCS 5/3-658) |
|
Sec. 3-658. Professional Sports Teams license plates. |
(a) The Secretary, upon receipt of an application made in |
the form prescribed by the Secretary, may issue special |
registration plates designated as Professional Sports Teams |
license plates. The special plates issued under this Section |
shall be affixed only to passenger vehicles of the first |
division, motorcycles, and motor vehicles of the second |
division weighing not more than 8,000 pounds. Plates issued |
under this Section shall expire according to the multi-year |
procedure established by Section 3-414.1 of this Code. |
(b) The design and color of the plates is wholly within the |
discretion of the Secretary, except that the plates shall, |
subject to the permission of the applicable team owner, |
display the logo of the Chicago Bears, the Chicago Bulls, the |
Chicago Blackhawks, the Chicago Cubs, the Chicago White Sox, |
the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or |
the St. Louis Cardinals, at the applicant's option. The |
Secretary may allow the plates to be issued as vanity or |
personalized plates under Section 3-405.1 of the Code. The |
Secretary shall prescribe stickers or decals as provided under |
Section 3-412 of this Code. |
(c) An applicant for the special plate shall be charged a |
$40 fee for original issuance in addition to the appropriate |
registration fee. Of Until July 1, 2023, of this fee, $25 shall |
be deposited into the Professional Sports Teams Education Fund |
and $15 shall be deposited into the Secretary of State Special |
|
License Plate Fund, to be used by the Secretary to help defray |
the administrative processing costs. Beginning July 1, 2023, |
of this fee, $25 shall be deposited into the Common School Fund |
and $15 shall be deposited into the Secretary of State Special |
License Plate Fund, to be used by the Secretary to help defray |
the administrative processing costs. |
For each registration renewal period, a $27 fee, in |
addition to the appropriate registration fee, shall be |
charged. Of Until July 1, 2023, of this fee, $25 shall be |
deposited into the Professional Sports Teams Education Fund |
and $2 shall be deposited into the Secretary of State Special |
License Plate Fund. Beginning July 1, 2023, of this fee, $25 |
shall be deposited into the Common School Fund and $2 shall be |
deposited into the Secretary of State Special License Plate |
Fund. |
(d) (Blank). The Professional Sports Teams Education Fund |
is created as a special fund in the State treasury. Until July |
1, 2023, the Comptroller shall order transferred and the |
Treasurer shall transfer all moneys in the Professional Sports |
Teams Education Fund to the Common School Fund every 6 months. |
(e) (Blank). On July 1, 2023, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the remaining balance from the |
Professional Sports Teams Education Fund into the Common |
School Fund. Upon completion of the transfer, the Professional |
Sports Teams Education Fund is dissolved, and any future |
|
deposits due to that Fund and any outstanding obligations or |
liabilities of that Fund shall pass to the Common School Fund. |
(Source: P.A. 102-1099, eff. 1-1-23; 103-8, eff. 6-7-23.) |
(625 ILCS 5/3-699.14) |
Sec. 3-699.14. Universal special license plates. |
(a) In addition to any other special license plate, the |
Secretary, upon receipt of all applicable fees and |
applications made in the form prescribed by the Secretary, may |
issue Universal special license plates to residents of |
Illinois on behalf of organizations that have been authorized |
by the General Assembly to issue decals for Universal special |
license plates. Appropriate documentation, as determined by |
the Secretary, shall accompany each application. Authorized |
organizations shall be designated by amendment to this |
Section. When applying for a Universal special license plate |
the applicant shall inform the Secretary of the name of the |
authorized organization from which the applicant will obtain a |
decal to place on the plate. The Secretary shall make a record |
of that organization and that organization shall remain |
affiliated with that plate until the plate is surrendered, |
revoked, or otherwise canceled. The authorized organization |
may charge a fee to offset the cost of producing and |
distributing the decal, but that fee shall be retained by the |
authorized organization and shall be separate and distinct |
from any registration fees charged by the Secretary. No decal, |
|
sticker, or other material may be affixed to a Universal |
special license plate other than a decal authorized by the |
General Assembly in this Section or a registration renewal |
sticker. The special plates issued under this Section shall be |
affixed only to passenger vehicles of the first division, |
including motorcycles and autocycles, or motor vehicles of the |
second division weighing not more than 8,000 pounds. Plates |
issued under this Section shall expire according to the |
multi-year procedure under Section 3-414.1 of this Code. |
(b) The design, color, and format of the Universal special |
license plate shall be wholly within the discretion of the |
Secretary. Universal special license plates are not required |
to designate "Land of Lincoln", as prescribed in subsection |
(b) of Section 3-412 of this Code. The design shall allow for |
the application of a decal to the plate. Organizations |
authorized by the General Assembly to issue decals for |
Universal special license plates shall comply with rules |
adopted by the Secretary governing the requirements for and |
approval of Universal special license plate decals. The |
Secretary may, in his or her discretion, allow Universal |
special license plates to be issued as vanity or personalized |
plates in accordance with Section 3-405.1 of this Code. The |
Secretary of State must make a version of the special |
registration plates authorized under this Section in a form |
appropriate for motorcycles and autocycles. |
(c) When authorizing a Universal special license plate, |
|
the General Assembly shall set forth whether an additional fee |
is to be charged for the plate and, if a fee is to be charged, |
the amount of the fee and how the fee is to be distributed. |
When necessary, the authorizing language shall create a |
special fund in the State treasury into which fees may be |
deposited for an authorized Universal special license plate. |
Additional fees may only be charged if the fee is to be paid |
over to a State agency or to a charitable entity that is in |
compliance with the registration and reporting requirements of |
the Charitable Trust Act and the Solicitation for Charity Act. |
Any charitable entity receiving fees for the sale of Universal |
special license plates shall annually provide the Secretary of |
State a letter of compliance issued by the Attorney General |
verifying that the entity is in compliance with the Charitable |
Trust Act and the Solicitation for Charity Act. |
(d) Upon original issuance and for each registration |
renewal period, in addition to the appropriate registration |
fee, if applicable, the Secretary shall collect any additional |
fees, if required, for issuance of Universal special license |
plates. The fees shall be collected on behalf of the |
organization designated by the applicant when applying for the |
plate. All fees collected shall be transferred to the State |
agency on whose behalf the fees were collected, or paid into |
the special fund designated in the law authorizing the |
organization to issue decals for Universal special license |
plates. All money in the designated fund shall be distributed |
|
by the Secretary subject to appropriation by the General |
Assembly. |
(e) The following organizations may issue decals for |
Universal special license plates with the original and renewal |
fees and fee distribution as follows: |
(1) The Illinois Department of Natural Resources. |
(A) Original issuance: $25; with $10 to the |
Roadside Monarch Habitat Fund and $15 to the Secretary |
of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Roadside Monarch |
Habitat Fund and $2 to the Secretary of State Special |
License Plate Fund. |
(2) Illinois Veterans' Homes. |
(A) Original issuance: $26, which shall be |
deposited into the Illinois Veterans' Homes Fund. |
(B) Renewal: $26, which shall be deposited into |
the Illinois Veterans' Homes Fund. |
(3) The Illinois Department of Human Services for |
volunteerism decals. |
(A) Original issuance: $25, which shall be |
deposited into the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $25, which shall be deposited into |
the Secretary of State Special License Plate Fund. |
(4) (Blank). |
(5) (Blank). |
|
(6) K9s for Veterans, NFP. |
(A) Original issuance: $25; with $10 to the |
Post-Traumatic Stress Disorder Awareness Fund and $15 |
to the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Post-Traumatic |
Stress Disorder Awareness Fund and $2 to the Secretary |
of State Special License Plate Fund. |
(7) (Blank). The International Association of |
Machinists and Aerospace Workers. |
(A) Original issuance: $35; with $20 to the Guide |
Dogs of America Fund and $15 to the Secretary of State |
Special License Plate Fund. |
(B) Renewal: $25; with $23 going to the Guide Dogs |
of America Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(8) (Blank). Local Lodge 701 of the International |
Association of Machinists and Aerospace Workers. |
(A) Original issuance: $35; with $10 to the Guide |
Dogs of America Fund, $10 to the Mechanics Training |
Fund, and $15 to the Secretary of State Special |
License Plate Fund. |
(B) Renewal: $30; with $13 to the Guide Dogs of |
America Fund, $15 to the Mechanics Training Fund, and |
$2 to the Secretary of State Special License Plate |
Fund. |
(9) (Blank). |
|
(10) (Blank). |
(11) The Illinois Department of Human Services for |
pediatric cancer awareness decals. |
(A) Original issuance: $25; with $10 to the |
Pediatric Cancer Awareness Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Pediatric Cancer |
Awareness Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(12) The Department of Veterans Affairs for Fold of |
Honor decals. |
(A) Original issuance: $25; with $10 to the Folds |
of Honor Foundation Fund and $15 to the Secretary of |
State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Folds of Honor |
Foundation Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(13) The Illinois chapters of the Experimental |
Aircraft Association for aviation enthusiast decals. |
(A) Original issuance: $25; with $10 to the |
Experimental Aircraft Association Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Experimental |
Aircraft Association Fund and $2 to the Secretary of |
State Special License Plate Fund. |
(14) The Illinois Department of Human Services for |
|
Child Abuse Council of the Quad Cities decals. |
(A) Original issuance: $25; with $10 to the Child |
Abuse Council of the Quad Cities Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Child Abuse |
Council of the Quad Cities Fund and $2 to the Secretary |
of State Special License Plate Fund. |
(15) The Illinois Department of Public Health for |
health care worker decals. |
(A) Original issuance: $25; with $10 to the |
Illinois Health Care Workers Benefit Fund, and $15 to |
the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Illinois Health |
Care Workers Benefit Fund and $2 to the Secretary of |
State Special License Plate Fund. |
(16) The Department of Agriculture for Future Farmers |
of America decals. |
(A) Original issuance: $25; with $10 to the Future |
Farmers of America Fund and $15 to the Secretary of |
State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Future Farmers |
of America Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(17) The Illinois Department of Public Health for |
autism awareness decals that are designed with input from |
autism advocacy organizations. |
|
(A) Original issuance: $25; with $10 to the Autism |
Awareness Fund and $15 to the Secretary of State |
Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Autism Awareness |
Fund and $2 to the Secretary of State Special License |
Plate Fund. |
(18) The Department of Natural Resources for Lyme |
disease research decals. |
(A) Original issuance: $25; with $10 to the Tick |
Research, Education, and Evaluation Fund and $15 to |
the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Tick Research, |
Education, and Evaluation Fund and $2 to the Secretary |
of State Special License Plate Fund. |
(19) The IBEW Thank a Line Worker decal. |
(A) Original issuance: $15, which shall be |
deposited into the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $2, which shall be deposited into the |
Secretary of State Special License Plate Fund. |
(20) An Illinois chapter of the Navy Club for Navy |
Club decals. |
(A) Original issuance: $5; which shall be |
deposited into the Navy Club Fund. |
(B) Renewal: $18; which shall be deposited into |
the Navy Club Fund. |
|
(21) An Illinois chapter of the International |
Brotherhood of Electrical Workers for International |
Brotherhood of Electrical Workers decal. |
(A) Original issuance: $25; with $10 to the |
International Brotherhood of Electrical Workers Fund |
and $15 to the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $25; with $23 to the International |
Brotherhood of Electrical Workers Fund and $2 to the |
Secretary of State Special License Plate Fund. |
(22) The 100 Club of Illinois decal. |
(A) Original issuance: $45; with $30 to the 100 |
Club of Illinois Fund and $15 to the Secretary of State |
Special License Plate Fund. |
(B) Renewal: $27; with $25 to the 100 Club of |
Illinois Fund and $2 to the Secretary of State Special |
License Plate Fund. |
(23) The Illinois USTA/Midwest Youth Tennis Foundation |
decal. |
(A) Original issuance: $40; with $25 to the |
Illinois USTA/Midwest Youth Tennis Foundation Fund and |
$15 to the Secretary of State Special License Plate |
Fund. |
(B) Renewal: $40; with $38 to the Illinois |
USTA/Midwest Youth Tennis Foundation Fund and $2 to |
the Secretary of State Special License Plate Fund. |
|
(24) The Sons of the American Legion decal. |
(A) Original issuance: $25; with $10 to the Sons |
of the American Legion Fund and $15 to the Secretary of |
State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Sons of the |
American Legion Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(f) The following funds are created as special funds in |
the State treasury: |
(1) The Roadside Monarch Habitat Fund. All money in |
the Roadside Monarch Habitat Fund shall be paid as grants |
by the Illinois Department of Natural Resources to fund |
roadside monarch and other pollinator habitat development, |
enhancement, and restoration projects in this State. |
(2) (Blank). |
(3) (Blank). |
(4) The Post-Traumatic Stress Disorder Awareness Fund. |
All money in the Post-Traumatic Stress Disorder Awareness |
Fund shall be paid as grants to K9s for Veterans, NFP for |
support, education, and awareness of veterans with |
post-traumatic stress disorder. |
(5) (Blank). The Guide Dogs of America Fund. All money |
in the Guide Dogs of America Fund shall be paid as grants |
to the International Guiding Eyes, Inc., doing business as |
Guide Dogs of America. |
(6) (Blank). The Mechanics Training Fund. All money in |
|
the Mechanics Training Fund shall be paid as grants to the |
Mechanics Local 701 Training Fund. |
(7) (Blank). |
(8) (Blank). |
(9) The Pediatric Cancer Awareness Fund. All money in |
the Pediatric Cancer Awareness Fund shall be paid as |
grants to the Cancer Center at Illinois for pediatric |
cancer treatment and research. |
(10) The Folds of Honor Foundation Fund. All money in |
the Folds of Honor Foundation Fund shall be paid as grants |
to the Folds of Honor Foundation to aid in providing |
educational scholarships to military families. |
(11) The Experimental Aircraft Association Fund. All |
money in the Experimental Aircraft Association Fund shall |
be paid, subject to appropriation by the General Assembly |
and distribution by the Secretary, as grants to promote |
recreational aviation. |
(12) The Child Abuse Council of the Quad Cities Fund. |
All money in the Child Abuse Council of the Quad Cities |
Fund shall be paid as grants to benefit the Child Abuse |
Council of the Quad Cities. |
(13) The Illinois Health Care Workers Benefit Fund. |
All money in the Illinois Health Care Workers Benefit Fund |
shall be paid as grants to the Trinity Health Foundation |
for the benefit of health care workers, doctors, nurses, |
and others who work in the health care industry in this |
|
State. |
(14) The Future Farmers of America Fund. All money in |
the Future Farmers of America Fund shall be paid as grants |
to the Illinois Association of Future Farmers of America. |
(15) The Tick Research, Education, and Evaluation |
Fund. All money in the Tick Research, Education, and |
Evaluation Fund shall be paid as grants to the Illinois |
Lyme Association. |
(16) The Navy Club Fund. All money in the Navy Club |
Fund shall be paid as grants to any local chapter of the |
Navy Club that is located in this State. |
(17) The International Brotherhood of Electrical |
Workers Fund. All money in the International Brotherhood |
of Electrical Workers Fund shall be paid as grants to any |
local chapter of the International Brotherhood of |
Electrical Workers that is located in this State. |
(18) The 100 Club of Illinois Fund. All money in the |
100 Club of Illinois Fund shall be paid as grants to the |
100 Club of Illinois for the purpose of giving financial |
support to children and spouses of first responders killed |
in the line of duty and mental health resources for active |
duty first responders. |
(19) The Illinois USTA/Midwest Youth Tennis Foundation |
Fund. All money in the Illinois USTA/Midwest Youth Tennis |
Foundation Fund shall be paid as grants to Illinois |
USTA/Midwest Youth Tennis Foundation to aid USTA/Midwest |
|
districts in the State with exposing youth to the game of |
tennis. |
(20) The Sons of the American Legion Fund. All money |
in the Sons of the American Legion Fund shall be paid as |
grants to the Illinois Detachment of the Sons of the |
American Legion. |
(g) The following funds are dissolved on July 1, 2025: |
(1) The Prostate Cancer Awareness Fund. |
(2) The Horsemen's Council of Illinois Fund. |
(3) The Theresa Tracy Trot-Illinois CancerCare |
Foundation Fund. |
(4) The Developmental Disabilities Awareness Fund. |
(h) The following funds are dissolved on July 1, 2026: |
(1) The Guide Dogs of America Fund. |
(2) The Mechanics Training Fund. |
(Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; |
103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff. |
1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, |
eff. 1-1-25; 103-933, eff. 1-1-25; 104-2, eff. 6-16-25; |
104-234, eff. 8-15-25; 104-417, eff. 8-15-25; 104-435, eff. |
11-21-25; revised 12-9-25.) |
(625 ILCS 5/11-501.01) |
Sec. 11-501.01. Additional administrative sanctions. |
(a) After a finding of guilt and prior to any final |
sentencing or an order for supervision, for an offense based |
|
upon an arrest for a violation of Section 11-501 or a similar |
provision of a local ordinance, individuals shall be required |
to undergo a professional evaluation to determine if an |
alcohol, drug, or intoxicating compound abuse problem exists |
and the extent of the problem, and undergo the imposition of |
treatment as appropriate. Programs conducting these |
evaluations shall be licensed by the Department of Human |
Services. The cost of any professional evaluation shall be |
paid for by the individual required to undergo the |
professional evaluation. |
(b) Any person who is found guilty of or pleads guilty to |
violating Section 11-501, including any person receiving a |
disposition of court supervision for violating that Section, |
may be required by the Court to attend a victim impact panel |
offered by, or under contract with, a county State's |
Attorney's office, a probation and court services department, |
Mothers Against Drunk Driving, or the Alliance Against |
Intoxicated Motorists. All costs generated by the victim |
impact panel shall be paid from fees collected from the |
offender or as may be determined by the court. |
(c) (Blank). |
(d) The Secretary of State shall revoke the driving |
privileges of any person convicted under Section 11-501 or a |
similar provision of a local ordinance. |
(e) The Secretary of State shall require the use of |
ignition interlock devices for a period not less than 5 years |
|
on all vehicles owned by a person who has been convicted of a |
second or subsequent offense of Section 11-501 or a similar |
provision of a local ordinance. The person must pay to the |
Secretary of State DUI Administration Fund an amount not to |
exceed $30 for each month that he or she uses the device. The |
Secretary shall establish by rule and regulation the |
procedures for certification and use of the interlock system, |
the amount of the fee, and the procedures, terms, and |
conditions relating to these fees. During the time period in |
which a person is required to install an ignition interlock |
device under this subsection (e), that person shall only |
operate vehicles in which ignition interlock devices have been |
installed, except as allowed by subdivision (c)(5) or (d)(5) |
of Section 6-205 of this Code. |
(f) (Blank). |
(g) (Blank). The Secretary of State Police DUI Fund is |
created as a special fund in the State treasury and, subject to |
appropriation, shall be used for enforcement and prevention of |
driving while under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds or any combination |
thereof, as defined by Section 11-501 of this Code, including, |
but not limited to, the purchase of law enforcement equipment |
and commodities to assist in the prevention of alcohol-related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol-related |
crime, including, but not limited to, DUI training; and police |
|
officer salaries, including, but not limited to, salaries for |
hire-back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Notwithstanding any other |
provision of law, on July 1, 2025, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the remaining balance from the |
Secretary of State Police DUI Fund into the Secretary of State |
Police Services Fund. Upon completion of the transfers, the |
Secretary of State Police DUI Fund is dissolved, and any |
future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund shall pass to the |
Secretary of State Police Services Fund. |
(h) Whenever an individual is sentenced for an offense |
based upon an arrest for a violation of Section 11-501 or a |
similar provision of a local ordinance, and the professional |
evaluation recommends remedial or rehabilitative treatment or |
education, neither the treatment nor the education shall be |
the sole disposition and either or both may be imposed only in |
conjunction with another disposition. The court shall monitor |
compliance with any remedial education or treatment |
recommendations contained in the professional evaluation. |
Programs conducting alcohol or other drug evaluation or |
remedial education must be licensed by the Department of Human |
Services. If the individual is not a resident of Illinois, |
however, the court may accept an alcohol or other drug |
evaluation or remedial education program in the individual's |
|
state of residence. Programs providing treatment must be |
licensed under existing applicable alcoholism and drug |
treatment licensure standards. |
(i) (Blank). |
(j) A person that is subject to a chemical test or tests of |
blood under subsection (a) of Section 11-501.1 or subdivision |
(c)(2) of Section 11-501.2 of this Code, whether or not that |
person consents to testing, shall be liable for the expense up |
to $500 for blood withdrawal by a physician authorized to |
practice medicine, a licensed physician assistant, a licensed |
advanced practice registered nurse, a registered nurse, a |
trained phlebotomist, a licensed paramedic, or a qualified |
person other than a police officer approved by the Illinois |
State Police to withdraw blood, who responds, whether at a law |
enforcement facility or a health care facility, to a police |
department request for the drawing of blood based upon refusal |
of the person to submit to a lawfully requested breath test or |
probable cause exists to believe the test would disclose the |
ingestion, consumption, or use of drugs or intoxicating |
compounds if: |
(1) the person is found guilty of violating Section |
11-501 of this Code or a similar provision of a local |
ordinance; or |
(2) the person pleads guilty to or stipulates to facts |
supporting a violation of Section 11-503 of this Code or a |
similar provision of a local ordinance when the plea or |
|
stipulation was the result of a plea agreement in which |
the person was originally charged with violating Section |
11-501 of this Code or a similar local ordinance. |
(Source: P.A. 104-2, eff. 6-16-25.) |
Section 5-80. The Public-Private Partnerships for |
Transportation Act is amended by changing Section 15 as |
follows: |
(630 ILCS 5/15) |
Sec. 15. Formation of public-private agreements; project |
planning. |
(a) Each responsible public entity may exercise the powers |
granted by this Act to do some or all to design, develop, |
construct, finance, and operate any part of one or more |
transportation projects through public-private agreements with |
one or more private entities, except for transportation |
projects for the Illiana Expressway as defined in the Public |
Private Agreements for the Illiana Expressway Act. The net |
proceeds, if any, arising out of a transportation project or |
public-private agreement undertaken by the Department pursuant |
to this Act shall be deposited into the State Construction |
Account Public-Private Partnerships for Transportation Fund. |
The net proceeds arising out of a transportation project or |
public-private agreement undertaken by the Authority pursuant |
to this Act shall be deposited into the Illinois State Toll |
|
Highway Authority Fund and shall be used only as authorized by |
Section 23 of the Toll Highway Act. |
(b) The Authority may enter into a public-private |
partnership to design, develop, construct, finance, and |
operate new toll highways authorized by the Governor and the |
General Assembly pursuant to Section 14.1 of the Toll Highway |
Act, non-highway transportation projects on the toll highway |
system such as commuter rail or high-speed rail lines, and |
intelligent transportation infrastructure that will enhance |
the safety, efficiency, and environmental quality of the toll |
highway system. The Authority may operate or provide |
operational services such as toll collection on highways which |
are developed or financed, or both, through a public-private |
agreement entered into by another public entity, under an |
agreement with the public entity or contractor responsible for |
the transportation project. |
(c) A contractor has: |
(1) all powers allowed by law generally to a private |
entity having the same form of organization as the |
contractor; and |
(2) the power to develop, finance, and operate the |
transportation facility and to impose user fees in |
connection with the use of the transportation facility, |
subject to the terms of the public-private agreement. |
No tolls or user fees may be imposed by the contractor |
except as set forth in a public-private agreement. |
|
(d) Prior to commencing the procurement process under an |
unsolicited proposal or the issuance of any request for |
qualifications or request for proposals with respect to any |
potential project undertaken by a responsible public entity |
pursuant to Section 19 or 20 of this Act, the commencement of a |
procurement process for that particular potential project |
shall be authorized by joint resolution of the General |
Assembly. |
(e) (Blank). |
(f) Any project undertaken under this Act shall be subject |
to all applicable planning requirements otherwise required by |
law, including land use planning, regional planning, |
transportation planning, and environmental compliance |
requirements. |
(g) (Blank). |
(h) The responsible public entity shall hold one or more |
public hearings before entering into negotiations with a |
proposer. These public hearings shall address any potential |
project that the responsible public entity submitted to the |
General Assembly for review under subsection (d). The |
responsible public entity shall publish a notice of the |
hearing or hearings at least 7 days before a hearing takes |
place, and shall include the following in the notice: (i) the |
date, time, and place of the hearing and the address of the |
responsible public entity; (ii) a brief description of the |
potential projects that the responsible public entity is |
|
considering undertaking; and (iii) a statement that the public |
may comment on the potential projects. |
(i) Each year, at least 30 days prior to the beginning of |
the transportation agency's fiscal year, the transportation |
agency shall submit a description of potential projects that |
the transportation agency is considering undertaking under |
this Act to each county, municipality, and metropolitan |
planning organization, with respect to each project located |
within its boundaries. |
(j) A new transportation facility developed as a project |
under this Act must be consistent with the regional plan then |
in existence of a metropolitan planning organization in whose |
boundaries the project is located. |
(Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(630 ILCS 5/90 rep.) |
Section 5-85. The Public-Private Partnerships for |
Transportation Act is amended by repealing Section 90. |
Section 5-90. The Unified Code of Corrections is amended |
by changing Section 5-9-1.8 as follows: |
(730 ILCS 5/5-9-1.8) |
Sec. 5-9-1.8. Child sexual abuse material fines. Beginning |
July 1, 2025, 100% of the fines in excess of $10,000 collected |
for violations of Section 11-20.1 of the Criminal Code of 1961 |
|
or the Criminal Code of 2012 shall be deposited into the DCFS |
Children's Services Fund. Moneys in the Fund resulting from |
the fines shall be for the use of the Department of Children |
and Family Services for grants to private entities giving |
treatment and counseling to victims of child sexual abuse. |
Notwithstanding any other provision of law to the contrary |
and in addition to any other transfers that may be provided by |
law, on July 1, 2025, or as soon thereafter as practical, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Child Abuse Prevention |
Fund into the DCFS Children's Services Fund. Upon completion |
of the transfer, the Child Abuse Prevention Fund is dissolved, |
and any future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund pass to the DCFS |
Children's Services Fund. |
(Source: P.A. 104-2, eff. 6-16-25; 104-245, eff. 1-1-26; |
revised 11-21-25.) |
Section 5-95. The Adoption Act is amended by changing |
Section 18.3a as follows: |
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) |
Sec. 18.3a. Confidential intermediary. |
(a) General purposes. Notwithstanding any other provision |
of this Act, |
(1) any adopted or surrendered person 21 years of age |
|
or over; or |
(2) any adoptive parent or legal guardian of an |
adopted or surrendered person under the age of 21; or |
(3) any birth parent of an adopted or surrendered |
person who is 21 years of age or over; or |
(4) any adult child or adult grandchild of a deceased |
adopted or surrendered person; or |
(5) any adoptive parent or surviving spouse of a |
deceased adopted or surrendered person; or |
(6) any adult birth sibling of the adult adopted or |
surrendered person unless the birth parent has checked |
Option E on the Birth Parent Preference Form or has filed a |
Denial of Information Exchange with the Registry and is |
not deceased; or |
(7) any adult adopted birth sibling of an adult |
adopted or surrendered person; or |
(8) any adult birth sibling of the birth parent if the |
birth parent is deceased; or |
(9) any birth grandparent |
may petition the court in any county in the State of Illinois |
for appointment of a confidential intermediary as provided in |
this Section for the purpose of exchanging medical information |
with one or more mutually consenting biological relatives, |
obtaining identifying information about one or more mutually |
consenting biological relatives, or arranging contact with one |
or more mutually consenting biological relatives. The |
|
petitioner shall be required to accompany his or her petition |
with proof of registration with the Illinois Adoption Registry |
and Medical Information Exchange. |
(a-4) The adoptive parent or legal guardian of an adopted |
or surrendered person under the age of 21 may also petition the |
court for the appointment of a confidential intermediary for |
purposes of obtaining identifying information or arranging |
contact with a mutually consenting adoptive parent or legal |
guardian of a birth sibling of the petitioner's adopted or |
surrendered child under the age of 21. |
(a-5) In addition, any former youth in care as defined in |
Section 4d of the Children and Family Services Act who was |
adopted or surrendered may petition the court in any county in |
the State for appointment of a confidential intermediary as |
provided in this Section for the purposes of obtaining |
identifying information or arranging contact with (i) siblings |
or birth relatives if the former youth in care is between the |
ages of 18 and 21 or (ii) former foster parents or foster |
siblings if the former youth in care is over the age of 18. A |
petitioner under this subsection is not required to register |
with the Illinois Adoption Registry and Medical Information |
Exchange. |
(b) Petition. Upon petition, the court shall appoint a |
confidential intermediary. The petition shall indicate if the |
petitioner wants to do any one or more of the following as to |
the sought-after relative or relatives: exchange medical |
|
information with the biological relative or relatives, obtain |
identifying information from the biological relative or |
relatives, or to arrange contact with the biological relative. |
(c) Order. The order appointing the confidential |
intermediary shall allow that intermediary to conduct a search |
for the sought-after relative by accessing those records |
described in subsection (g) of this Section. |
(d) Fees and expenses. The court shall not condition the |
appointment of the confidential intermediary on the payment of |
the intermediary's fees and expenses in advance of the |
commencement of the work of the confidential intermediary. No |
fee shall be charged to any petitioner. |
(e) Eligibility of intermediary. The court may appoint as |
confidential intermediary any person certified by the |
Department of Children and Family Services as qualified to |
serve as a confidential intermediary. Certification shall be |
dependent upon the confidential intermediary completing a |
course of training including, but not limited to, applicable |
federal and State privacy laws. |
(f) (Blank). |
(g) Confidential intermediary access to information. |
Subject to the limitations of subsection (i) of this Section, |
the confidential intermediary shall have access to vital |
records maintained by the Department of Public Health and its |
local designees for the maintenance of vital records, or a |
comparable public entity that maintains vital records in |
|
another state in accordance with that state's laws, and all |
records of the court or any adoption agency, public or |
private, as limited in this Section, which relate to the |
adoption or the identity and location of an adopted or |
surrendered person, of an adult child or surviving spouse of a |
deceased adopted or surrendered person, or of a birth parent, |
birth sibling, or the sibling of a deceased birth parent. The |
confidential intermediary shall not have access to any |
personal health information protected by the Standards for |
Privacy of Individually Identifiable Health Information |
adopted by the U.S. Department of Health and Human Services |
under the Health Insurance Portability and Accountability Act |
of 1996 unless the confidential intermediary has obtained |
written consent from the person whose information is being |
sought by an adult adopted or surrendered person or, if that |
person is a minor child, that person's parent or guardian. |
Confidential intermediaries shall be authorized to inspect |
confidential relinquishment and adoption records. The |
confidential intermediary shall not be authorized to access |
medical records, financial records, credit records, banking |
records, home studies, attorney file records, or other |
personal records. In cases where a birth parent is being |
sought, an adoption agency shall inform the confidential |
intermediary of any statement filed pursuant to Section 18.3, |
hereinafter referred to as "the 18.3 statement", indicating a |
desire of the surrendering birth parent to have identifying |
|
information shared or to not have identifying information |
shared. Information provided to the confidential intermediary |
by an adoption agency shall be restricted to the full name, |
date of birth, place of birth, last known address, last known |
telephone number of the sought-after relative or, if |
applicable, of the children or siblings of the sought-after |
relative, and the 18.3 statement. If the petitioner is an |
adult adopted or surrendered person or the adoptive parent of |
a minor and if the petitioner has signed a written |
authorization to disclose personal medical information, an |
adoption agency disclosing information to a confidential |
intermediary shall disclose available medical information |
about the adopted or surrendered person from birth through |
adoption. |
(h) Missing or lost original birth certificate; remedy. |
Disclosure of information by the confidential intermediary |
shall be consistent with the public policy and intent of laws |
granting original birth certificate access as expressed in |
Section 18.04 of this Act. The confidential intermediary shall |
comply with the following procedures in disclosing information |
to the petitioners: |
(1) If the petitioner is an adult adopted or |
surrendered person, or the adult child, adult grandchild, |
or surviving spouse of a deceased adopted or surrendered |
person, the confidential intermediary shall disclose: |
(A) identifying information about the birth parent |
|
of the adopted person and about the adult adopted or |
surrendered person, which, in the ordinary course of |
business, would have been reflected on the original |
filed certificate of birth, as of the date of birth, |
only if: |
(i) the adopted person was born before January |
1, 1946 and the petitioner has requested a |
non-certified copy of the adopted person's |
original birth certificate under Section 18.1 of |
this Act, and the Illinois Department of Public |
Health has issued a certification that the |
original birth certificate was not found, or the |
petitioner has presented the confidential |
intermediary with the non-certified copy of the |
original birth certificate which omits the name of |
the birth parent; |
(ii) the adopted person was born after January |
1, 1946, and the petitioner has requested a |
non-certified copy of the adopted person's |
original birth certificate under Section 18.1 of |
this Act and the Illinois Department of Public |
Health has issued a certification that the |
original birth certificate was not found. |
In providing information pursuant to this |
subdivision (h)(1)(A), the confidential intermediary |
shall expressly inform the petitioner in writing that |
|
since the identifying information is not from an |
official original certificate of birth filed pursuant |
to the Vital Records Act, the confidential |
intermediary cannot attest to the complete accuracy of |
the information and the confidential intermediary |
shall not be liable if the information disclosed is |
not accurate. Only information from the court files |
shall be provided to the petitioner in this Section. |
If the identifying information concerning a birth |
father is sought by the petitioner, the confidential |
intermediary shall disclose only the identifying |
information of the birth father as defined in Section |
18.06 of this Act; |
(B) the name of the child welfare agency which had |
legal custody of the surrendered person or |
responsibility for placing the surrendered person and |
any available contact information for such agency; |
(C) the name of the state in which the surrender |
occurred or in which the adoption was finalized; and |
(D) any information for which the sought-after |
relative has provided his or her consent to disclose |
under paragraphs (1) through (4) of subsection (i) of |
this Section. |
(2) If the petitioner is an adult adopted or |
surrendered person, or the adoptive parent of an adult |
adopted or surrendered person under the age of 21, or the |
|
adoptive parent of a deceased adopted or surrendered |
person, the confidential intermediary shall provide, in |
addition to the information listed in paragraph (1) of |
this subsection (h): |
(A) any information which the adoption agency |
provides pursuant to subsection (i) of this Section |
pertaining to medical information about the adopted or |
surrendered person; and |
(B) any non-identifying information, as defined in |
Section 18.4 of this Act, that is obtained during the |
search. |
(3) If the petitioner is not defined in paragraph (1) |
or (2) of this subsection, the confidential intermediary |
shall provide to the petitioner: |
(A) any information for which the sought-after |
relative has provided his or her consent under |
paragraphs (1) through (4) of subsection (i) of this |
Section; |
(B) the name of the child welfare agency which had |
legal custody of the surrendered person or |
responsibility for placing the surrendered person and |
any available contact information for such agency; and |
(C) the name of the state in which the surrender |
occurred or in which the adoption was finalized. |
(h-5) Disclosure of information shall be made by the |
confidential intermediary at any time from the appointment of |
|
the confidential intermediary and the court's issuance of an |
order of dismissal. |
(i) Duties of confidential intermediary in conducting a |
search. In conducting a search under this Section, the |
confidential intermediary shall first determine whether there |
is a Denial of Information Exchange or a Birth Parent |
Preference Form with Option E selected or an 18.3 statement |
referenced in subsection (g) of this Section on file with the |
Illinois Adoption Registry. If there is a denial, the Birth |
Parent Preference Form on file with the Registry and the birth |
parent who completed the form selected Option E, or if there is |
an 18.3 statement indicating the birth parent's intent not to |
have identifying information shared and the birth parent did |
not later file an Information Exchange Authorization with the |
Registry, the confidential intermediary must discontinue the |
search unless 5 years or more have elapsed since the execution |
of the Denial of Information Exchange, Birth Parent Preference |
Form, or the 18.3 statement. If a birth parent was previously |
the subject of a search through the State confidential |
intermediary program, the confidential intermediary shall |
inform the petitioner of the need to discontinue the search |
until 10 years or more have elapsed since the initial search |
was closed. In cases where a birth parent has been the object |
of 2 searches through the State confidential intermediary |
program, no subsequent search for the birth parent shall be |
authorized absent a court order to the contrary. |
|
In conducting a search under this Section, the |
confidential intermediary shall attempt to locate the relative |
or relatives from whom the petitioner has requested |
information. If the sought-after relative is deceased or |
cannot be located after a diligent search, the confidential |
intermediary may contact other adult relatives of the |
sought-after relative. |
The confidential intermediary shall contact a sought-after |
relative on behalf of the petitioner in a manner that respects |
the sought-after relative's privacy and shall inform the |
sought-after relative of the petitioner's request for medical |
information, identifying information or contact as stated in |
the petition. Based upon the terms of the petitioner's |
request, the confidential intermediary shall contact a |
sought-after relative on behalf of the petitioner and inform |
the sought-after relative of the following options: |
(1) The sought-after relative may totally reject one |
or all of the requests for medical information, |
identifying information or contact. The sought-after |
relative shall be informed that they can provide a medical |
questionnaire to be forwarded to the petitioner without |
releasing any identifying information. The confidential |
intermediary shall inform the petitioner of the |
sought-after relative's decision to reject the sharing of |
information or contact. |
(2) The sought-after relative may consent to |
|
completing a medical questionnaire only. In this case, the |
confidential intermediary shall provide the questionnaire |
and ask the sought-after relative to complete it. The |
confidential intermediary shall forward the completed |
questionnaire to the petitioner and inform the petitioner |
of the sought-after relative's desire to not provide any |
additional information. |
(3) The sought-after relative may communicate with the |
petitioner without having his or her identity disclosed. |
In this case, the confidential intermediary shall arrange |
the desired communication in a manner that protects the |
identity of the sought-after relative. The confidential |
intermediary shall inform the petitioner of the |
sought-after relative's decision to communicate but not |
disclose his or her identity. |
(4) The sought-after relative may consent to initiate |
contact with the petitioner. The confidential intermediary |
shall obtain written consents from both parties that they |
wish to disclose their identities to each other and to |
have contact with each other. |
(j) Oath. The confidential intermediary shall sign an oath |
of confidentiality substantially as follows: "I, .........., |
being duly sworn, on oath depose and say: As a condition of |
appointment as a confidential intermediary, I affirm that: |
(1) I will not disclose to the petitioner, directly or |
indirectly, any confidential information except in a |
|
manner consistent with the law. |
(2) I recognize that violation of this oath subjects |
me to civil liability and to a potential finding of |
contempt of court. ................................ |
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert |
date) |
................................." |
(k) Sanctions. |
(1) Any confidential intermediary who improperly |
discloses confidential information identifying a |
sought-after relative shall be liable to the sought-after |
relative for damages and may also be found in contempt of |
court. |
(2) Any person who learns a sought-after relative's |
identity, directly or indirectly, through the use of |
procedures provided in this Section and who improperly |
discloses information identifying the sought-after |
relative shall be liable to the sought-after relative for |
actual damages plus minimum punitive damages of $10,000. |
(3) The Department shall fine any confidential |
intermediary who improperly discloses confidential |
information in violation of item (1) or (2) of this |
subsection (k) an amount up to $2,000 per improper |
disclosure. This fine does not affect civil liability |
under item (2) of this subsection (k). The Department |
shall deposit all fines and penalties collected under this |
|
Section into the Illinois Adoption Registry and Medical |
Information Exchange Fund. |
(l) Death of person being sought. Notwithstanding any |
other provision of this Act, if the confidential intermediary |
discovers that the person being sought has died, he or she |
shall report this fact to the court, along with a copy of the |
death certificate. If the sought-after relative is a birth |
parent, the confidential intermediary shall also forward a |
copy of the birth parent's death certificate, if available, to |
the Registry for inclusion in the Registry file. |
(m) Any confidential information obtained by the |
confidential intermediary during the course of his or her |
search shall be kept strictly confidential and shall be used |
for the purpose of arranging contact between the petitioner |
and the sought-after birth relative. At the time the case is |
closed, all identifying information shall be returned to the |
court for inclusion in the impounded adoption file. |
(n) (Blank). |
(o) Except as provided in subsection (k) of this Section, |
no liability shall accrue to the State, any State agency, any |
judge, any officer or employee of the court, any certified |
confidential intermediary, or any agency designated to oversee |
confidential intermediary services for acts, omissions, or |
efforts made in good faith within the scope of this Section. |
(p) An adoption agency that has received a request from a |
confidential intermediary for the full name, date of birth, |
|
last known address, or last known telephone number of a |
sought-after relative pursuant to subsection (g) of Section |
18.3a, or for medical information regarding a sought-after |
relative pursuant to subsection (h) of Section 18.3a, must |
satisfactorily comply with this court order within a period of |
45 days. The court shall order the adoption agency to |
reimburse the petitioner in an amount equal to all payments |
made by the petitioner to the confidential intermediary, and |
the adoption agency shall be subject to a civil monetary |
penalty of $1,000 to be paid to the Department of Children and |
Family Services. Following the issuance of a court order |
finding that the adoption agency has not complied with Section |
18.3, the adoption agency shall be subject to a monetary |
penalty of $500 per day for each subsequent day of |
non-compliance. Proceeds from such fines shall be utilized by |
the Department of Children and Family Services to subsidize |
the fees of petitioners as referenced in subsection (d) of |
this Section. |
(q) (Blank). |
Any reimbursements and fines, notwithstanding any |
reimbursement directly to the petitioner, paid under this |
subsection are in addition to other remedies a court may |
otherwise impose by law. |
The Department of Children and Family Services shall |
submit reports to the Adoption Registry-Confidential |
Intermediary Advisory Council by July 1 and January 1 of each |
|
year in order to report the penalties assessed and collected |
under this subsection, the amounts of related deposits into |
the DCFS Children's Services Fund, and any expenditures from |
such deposits. |
(r) A confidential intermediary shall be permitted to |
access information from closed child welfare agencies whose |
records are housed in the State Central Storage consistent |
with paragraph (g) for all petitioners. If the petitioner is |
an adult adopted or surrendered person, the adoptive parent of |
an adult adopted person under the age of 21, or the adoptive |
parent of a deceased adopted or surrendered person, the |
confidential intermediary may request any non-identifying |
information, including any available medical information about |
the adopted or surrendered person from birth through adoption, |
any non-identifying information described in Section 18.4, and |
the Section 18.3 statement. |
(Source: P.A. 104-69, eff. 1-1-26.) |
Article 10. |
Section 10-1. The State Employee Housing Act is amended by |
changing Section 5-15 as follows: |
(5 ILCS 412/5-15) |
Sec. 5-15. Rental housing. The Department of Corrections, |
the Department of Natural Resources, the Department of |
|
Transportation, the University of Illinois, and the University |
of Illinois Foundation shall each analyze the need for |
providing low-rent housing to its employees and shall consider |
alternatives to State-owned housing. Rent charged for |
State-owned housing shall be evaluated every 3 years for |
adjustments, including that necessitated by changing economic |
conditions. |
(Source: P.A. 100-695, eff. 8-3-18.) |
Section 10-5. The Illinois Lottery Law is amended by |
changing Section 21.7 as follows: |
(20 ILCS 1605/21.7) |
Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off |
game. |
(a) The Department shall offer a special instant |
scratch-off game for the benefit of research pertaining to |
multiple sclerosis. The game shall commence on July 1, 2008 or |
as soon thereafter, in the discretion of the Director, as is |
reasonably practical. The operation of the game shall be |
governed by this Act and any rules adopted by the Department. |
(b) The Multiple Sclerosis Research Fund is created as a |
special fund in the State treasury. The net revenue from the |
scratch-out multiple sclerosis scratch-off game created under |
this Section shall be deposited into the Fund for |
appropriation by the General Assembly to the Department of |
|
Public Health for the purpose of making a grant or grants to an |
organization or organizations, including the National Multiple |
Sclerosis Society, to provide funding for organizations in |
Illinois that conduct research pertaining to the repair and |
prevention of damage caused by an acquired demyelinating |
disease of the central nervous system. |
Moneys received for the purposes of this Section, |
including, without limitation, net revenue from the special |
instant scratch-off game and from gifts, grants, and awards |
from any public or private entity, must be deposited into the |
Fund. Any interest earned on moneys in the Fund must be |
deposited into the Fund. |
For purposes of this Section, the term "research" |
includes, without limitation, expenditures to develop and |
advance the understanding, techniques, and modalities |
effective for maintaining function, mobility, and strength |
through preventive physical therapy or other treatments and to |
develop and advance the repair, and also the prevention, of |
myelin, neuron, and axon damage caused by an acquired |
demyelinating disease of the central nervous system and the |
restoration of function, including but not limited to, nervous |
system repair or neuroregeneration. |
The grant funds may not be used for institutional, |
organizational, or community-based overhead costs, indirect |
costs, or levies. |
As used in this subsection, "net revenue" means the total |
|
amount for which tickets have been sold less the sum of the |
amount paid out in the prizes and to retailers, and direct and |
estimated administrative expenses of the Department solely |
related to the scratch-off game under this Section. |
(c) During the time that tickets are sold for the |
scratch-out multiple sclerosis scratch-off game, the |
Department shall not unreasonably diminish the efforts devoted |
to marketing any other instant scratch-off lottery game. |
(d) The Department may adopt any rules necessary to |
implement and administer the provisions of this Section. |
(Source: P.A. 103-381, eff. 7-28-23.) |
Section 10-10. The Military Code of Illinois is amended by |
changing Sections 26 and 40 as follows: |
(20 ILCS 1805/26) (from Ch. 129, par. 220.26) |
Sec. 26. On or before the 7th day of January each year the |
first day of November next preceding the regular session of |
the General Assembly, The Adjutant General shall make out a |
full and detailed report to the Governor and the General |
Assembly of all the transactions of his office, including |
receipts and expenditures of all appropriated funds. In |
preparing his account of the money paid out and expended, he |
shall group the expenditures made from each separate |
appropriation under the objects and purposes as classified and |
standardized in Section 13 of the State Finance Act "An Act in |
|
Relation to State Finance", approved June 10, 1919, as |
amended. The Adjutant General shall also report upon such |
other matters at such times as shall be required by the |
Commander-in-Chief. |
(Source: Laws 1957, p. 2141.) |
(20 ILCS 1805/40) (from Ch. 129, par. 220.40) |
Sec. 40. Except where otherwise specified herein, all |
officers now in active service or hereafter appointed, shall |
hold their respective commissions until they are vacated by |
resignation or retirement, or by acceptance of another |
commission in the State military service, or by sentence of a |
general courts-martial, approved finding of a board of |
officers under Section 42, Article VIII, or approved finding |
of a board of officers convened pursuant to federal |
regulations in which the board recommends withdrawal of |
federal recognition of the officer's commission, or terminated |
under Section 43, Article VIII hereof. Federal recognition |
with commission in the National Guard of the United States is |
established as a requirement for holding commission in the |
active National Guard of Illinois; the commission of an |
officer in the National Guard of Illinois will be terminated |
upon failure to obtain or retain Federal recognition. |
(Source: P.A. 99-557, eff. 1-1-17.) |
(20 ILCS 1805/43 rep.) |
|
(20 ILCS 1805/45 rep.) |
Section 10-15. The Military Code of Illinois is amended by |
repealing Sections 43 and 45. |
(20 ILCS 2310/2310-435 rep.) |
Section 10-20. The Department of Public Health Powers and |
Duties Law of the Civil Administrative Code of Illinois is |
amended by repealing Section 2310-435. |
Section 10-25. The Department of Veterans Affairs Act is |
amended by changing Section 2 as follows: |
(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67) |
Sec. 2. Powers and duties. The Department shall have the |
following powers and duties: |
To perform such acts at the request of any veteran, or his |
or her spouse, surviving spouse or dependents as shall be |
reasonably necessary or reasonably incident to obtaining or |
endeavoring to obtain for the requester any advantage, benefit |
or emolument accruing or due to such person under any law of |
the United States, the State of Illinois or any other state or |
governmental agency by reason of the service of such veteran, |
and in pursuance thereof shall: |
(1) Contact veterans, their survivors and dependents |
and advise them of the benefits of state and federal laws |
and assist them in obtaining such benefits; |
|
(2) Establish field offices and direct the activities |
of the personnel assigned to such offices; |
(3) (Blank); Create and maintain a volunteer field |
force; the volunteer field force may include |
representatives from the following without limitation: |
educational institutions, labor organizations, veterans |
organizations, employers, churches, and farm |
organizations; the volunteer field force may not process |
federal veterans assistance claims; |
(4) Conduct informational and training services; |
(5) Conduct educational programs through newspapers, |
periodicals, social media, television, and radio for the |
specific purpose of disseminating information affecting |
veterans and their dependents; |
(6) Coordinate the services and activities of all |
state departments having services and resources affecting |
veterans and their dependents; |
(7) Encourage and assist in the coordination of |
agencies within counties giving service to veterans and |
their dependents; |
(8) Cooperate with veterans organizations and other |
governmental agencies; |
(9) Make, alter, amend and promulgate reasonable rules |
and procedures for the administration of this Act; |
(10) Make and publish annual reports to the Governor |
regarding the administration and general operation of the |
|
Department; |
(11) (Blank); |
(12) (Blank); and |
(13) Provide informational resources and education to |
veterans returning from deployment regarding service |
animals for individuals with disabilities, including, but |
not limited to, resources and education on service animals |
that guide people who are blind, pull a wheelchair, alert |
a person with hearing loss, protect a person having a |
seizure, assist a person with a traumatic brain injury, |
and calm a person with post-traumatic stress disorder |
during an anxiety attack or psychiatric episode. |
The Department may accept and hold on behalf of the State, |
if for the public interest, a grant, gift, devise or bequest of |
money or property to the Department made for the general |
benefit of Illinois veterans, including the conduct of |
informational and training services by the Department and |
other authorized purposes of the Department. The Department |
shall cause each grant, gift, devise or bequest to be kept as a |
distinct fund and shall invest such funds in the manner |
provided by the Public Funds Investment Act, as now or |
hereafter amended, and shall make such reports as may be |
required by the Comptroller concerning what funds are so held |
and the manner in which such funds are invested. The |
Department may make grants from these funds for the general |
benefit of Illinois veterans. Grants from these funds, except |
|
for the funds established under Sections 2.01a and 2.03, shall |
be subject to appropriation. |
The Department has the power to make grants, from funds |
appropriated from the Illinois Military Family Relief Fund, |
for benefits authorized under the Survivors Compensation Act. |
(Source: P.A. 99-314, eff. 8-7-15; 99-576, eff. 7-15-16; |
100-84, eff. 1-1-18.) |
Section 10-30. The Illinois Procurement Code is amended by |
changing Section 25-35 as follows: |
(30 ILCS 500/25-35) |
Sec. 25-35. Purchase of coal and postage stamps. |
(a) Delivery of necessary supplies. To avoid interruption |
or impediment of delivery of necessary supplies, commodities, |
and coal, State purchasing officers may approve a State |
agency's purchases of or contracts for supplies and |
commodities after April 30 of a fiscal year when delivery of |
the supplies and commodities is to be made after June 30 of |
that fiscal year and payment for which is to be made from |
appropriations for the next fiscal year. |
(b) Postage. All postage stamps purchased from State funds |
by a General Assembly member or constitutional officer must be |
perforated for identification purposes. A General Assembly |
member may furnish the U.S. Post Office with a warrant so as to |
allow for the creation or continuation of a bulk rate mailing |
|
fund in the name of the General Assembly member or may furnish |
a postage meter company or post office with a warrant so as to |
facilitate the purchase of a postage meter and its stamps. Any |
postage meter so purchased must also contain a stamp that |
shall state "Official State Mail". |
(Source: P.A. 100-43, eff. 8-9-17.) |
Section 10-35. The School Code is amended by changing |
Section 2-3.30 as follows: |
(105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30) |
Sec. 2-3.30. Census for special education. To require on |
or before December 22 of each year reports as to the census of |
all children 3 years of age through 21 years of age inclusive |
of the types described in definitions under the rules |
authorized in Section 14-1.02 who were receiving special |
education and related services on December 1 of the current |
school year. |
To require an annual report, on or before December 22 of |
each year, from the Department of Juvenile Justice Department |
of Corrections containing a census of all children 3 years of |
age through 21 years of age inclusive of the types described in |
Section 14-1.02 who were receiving special education services |
on December 1 of the current school year within State |
facilities. Such report shall be submitted pursuant to rules |
and regulations issued by the State Board of Education. |
|
(Source: P.A. 95-793, eff. 1-1-09.) |
Section 10-40. The Hospital Licensing Act is amended by |
changing Section 6.09 as follows: |
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) |
Sec. 6.09. (a) In order to facilitate the orderly |
transition of aged patients and patients with disabilities |
from hospitals to post-hospital care, whenever a patient who |
qualifies for the federal Medicare program is hospitalized, |
the patient shall be notified of discharge at least 24 hours |
prior to discharge from the hospital. With regard to pending |
discharges to a skilled nursing facility, the hospital must |
notify the case coordination unit, as defined in 89 Ill. Adm. |
Code 240.260, at least 24 hours prior to discharge. When the |
assessment is completed in the hospital, the case coordination |
unit shall provide a copy of the required assessment |
documentation directly to the nursing home to which the |
patient is being discharged prior to discharge. The Department |
on Aging shall provide notice of this requirement to case |
coordination units. When a case coordination unit is unable to |
complete an assessment in a hospital prior to the discharge of |
a patient, 60 years of age or older, to a nursing home, the |
case coordination unit shall notify the Department on Aging |
and which shall notify the Department of Healthcare and Family |
Services. The Department on Aging shall adopt rules to address |
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these instances to ensure that the patient is able to access |
nursing home care, the nursing home is not penalized for |
accepting the admission, and the patient's timely discharge |
from the hospital is not delayed, to the extent permitted |
under federal law or regulation. Nothing in this subsection |
shall preclude federal requirements for a pre-admission |
screening/mental health (PAS/MH) as required under Section |
2-201.5 of the Nursing Home Care Act or State or federal law or |
regulation. If home health services are ordered, the hospital |
must inform its designated case coordination unit, as defined |
in 89 Ill. Adm. Code 240.260, of the pending discharge and must |
provide the patient with the case coordination unit's |
telephone number and other contact information. |
(b) Every hospital shall develop procedures for a |
physician with medical staff privileges at the hospital or any |
appropriate medical staff member to provide the discharge |
notice prescribed in subsection (a) of this Section. The |
procedures must include prohibitions against discharging or |
referring a patient to any of the following if unlicensed, |
uncertified, or unregistered: (i) a board and care facility, |
as defined in the Board and Care Home Act; (ii) an assisted |
living and shared housing establishment, as defined in the |
Assisted Living and Shared Housing Act; (iii) a facility |
licensed under the Nursing Home Care Act, the Specialized |
Mental Health Rehabilitation Act of 2013, the ID/DD Community |
Care Act, or the MC/DD Act; (iv) a supportive living facility, |
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as defined in Section 5-5.01a of the Illinois Public Aid Code; |
or (v) a free-standing hospice facility licensed under the |
Hospice Program Licensing Act if licensure, certification, or |
registration is required. The Department of Public Health |
shall annually provide hospitals with a list of licensed, |
certified, or registered board and care facilities, assisted |
living and shared housing establishments, nursing homes, |
supportive living facilities, facilities licensed under the |
ID/DD Community Care Act, the MC/DD Act, or the Specialized |
Mental Health Rehabilitation Act of 2013, and hospice |
facilities. Reliance upon this list by a hospital shall |
satisfy compliance with this requirement. The procedure may |
also include a waiver for any case in which a discharge notice |
is not feasible due to a short length of stay in the hospital |
by the patient, or for any case in which the patient |
voluntarily desires to leave the hospital before the |
expiration of the 24 hour period. |
(c) At least 24 hours prior to discharge from the |
hospital, the patient shall receive written information on the |
patient's right to appeal the discharge pursuant to the |
federal Medicare program, including the steps to follow to |
appeal the discharge and the appropriate telephone number to |
call in case the patient intends to appeal the discharge. |
(d) Before transfer of a patient to a long term care |
facility licensed under the Nursing Home Care Act where |
elderly persons reside, a hospital shall as soon as |
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practicable initiate a name-based criminal history background |
check by electronic submission to the Illinois State Police |
for all persons between the ages of 18 and 70 years; provided, |
however, that a hospital shall be required to initiate such a |
background check only with respect to patients who: |
(1) are transferring to a long term care facility for |
the first time; |
(2) have been in the hospital more than 5 days; |
(3) are reasonably expected to remain at the long term |
care facility for more than 30 days; |
(4) have a known history of serious mental illness or |
substance abuse; and |
(5) are independently ambulatory or mobile for more |
than a temporary period of time. |
A hospital may also request a criminal history background |
check for a patient who does not meet any of the criteria set |
forth in items (1) through (5). |
A hospital shall notify a long term care facility if the |
hospital has initiated a criminal history background check on |
a patient being discharged to that facility. In all |
circumstances in which the hospital is required by this |
subsection to initiate the criminal history background check, |
the transfer to the long term care facility may proceed |
regardless of the availability of criminal history results. |
Upon receipt of the results, the hospital shall promptly |
forward the results to the appropriate long term care |
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facility. If the results of the background check are |
inconclusive, the hospital shall have no additional duty or |
obligation to seek additional information from, or about, the |
patient. |
(Source: P.A. 102-538, eff. 8-20-21; 103-102, eff. 1-1-24.) |
Section 10-45. The Prevention of Unnecessary |
Institutionalization Act is amended by changing Sections 10, |
15, 20, 25, and 30 as follows: |
(310 ILCS 100/10) |
Sec. 10. Purpose. The purpose of this Act is to authorize |
the Department of Human Services and the Department on Aging |
to each jointly establish programs a program to provide |
funding for necessary structural modifications and assistive |
technology devices to enable older persons and adults and |
children with disabilities to remain in or return to their |
homes or other dwellings of their choice within their |
community in order to allow them to live as independently as |
possible for as long as possible. |
(Source: P.A. 92-122, eff. 7-20-01.) |
(310 ILCS 100/15) |
Sec. 15. Definitions. As used in this Act: |
"Assistive technology device" means an item, piece of |
equipment, or product system, whether acquired commercially, |
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modified, or customized, that is used to increase, maintain, |
or improve functional capabilities of individuals with |
disabilities and older persons. |
"Home Structural modification" means any change in the |
physical structure of a home or a change to a dwelling that |
enhances its usability or accessibility or both for a resident |
who has a disability or is an older person. |
(Source: P.A. 92-122, eff. 7-20-01.) |
(310 ILCS 100/20) |
Sec. 20. Program. Subject to appropriation for these |
purposes, the Department of Human Services and the Department |
on Aging may shall jointly establish programs that a |
Prevention of Unnecessary Institutionalization Grant and Loan |
Program. The Program shall have 2 components: assistive |
technology and home modifications. The Departments in |
developing each program may enter into public-private |
partnerships and establish other grant programs. If there are |
programs and services that are provided under other state |
grants, private grants, federal grants or waivers, those |
services shall meet the intent of this program. The |
Departments may establish the programs as a pilot with the |
intent of expanding statewide with evidence-based outcomes and |
available funding. One component shall be administered by the |
Department of Human Services and the other component shall be |
administered by the Department on Aging. The Department of |
|
Human Services and the Department on Aging shall cooperate in |
the overall administration of the Program. |
(Source: P.A. 92-122, eff. 7-20-01.) |
(310 ILCS 100/25) |
Sec. 25. Eligibility. Persons age 60 or older over and |
adults and children with disabilities may shall be eligible |
for grants or loans or both under the programs Program |
established under by this Act if they have one or more |
verifiable impairments that substantially limits one or more |
of life's major activities for which some modification of |
their dwelling or assistive technology devices, or both, are |
required which they are unable to afford because of limited |
resources. Preference shall be given to applicants who: (1) |
are at imminent risk of institutionalization or who are |
already in an institutional setting but are ready to return to |
the community and who would be able to live in the community if |
modifications are made or they have the needed assistive |
technology devices, (2) have inadequate resources or no |
current access to resources as a result of the geographic |
location of their dwelling, the lack of other available State |
or federal funds such as the Community Development Block Grant |
or rural housing assistance programs or income limitations |
such as the inability to qualify for a low-interest loan, or |
(3) have access to other resources, but those resources are |
insufficient to complete the necessary modifications or |
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acquire the needed assistive technology devices. Adults under |
60 years of age with disabilities and children with |
disabilities shall receive services under programs the |
component of the Program administered by the Department of |
Human Services. An adult 60 years of age or older may elect to |
receive services under the component administered by the |
Department of Human Services if, at the time he or she reached |
age 60, he or she was already receiving Home Services under |
subsection (f) of Section 3 of the Rehabilitation of Persons |
with Disabilities Act or he or she was already receiving |
services under the component of the Program administered by |
the Department of Human Services. All other adults 60 years of |
age or older receiving services under the Program shall |
receive services under the programs component administered by |
the Department on Aging. |
(Source: P.A. 99-143, eff. 7-27-15.) |
(310 ILCS 100/30) |
Sec. 30. Rulemaking. The Department of Human Services and |
the Department on Aging may shall jointly adopt administrative |
rules governing each program the Program consistent with this |
Act. |
(Source: P.A. 92-122, eff. 7-20-01.) |
Section 10-50. The Adult Protective Services Act is |
amended by changing Sections 2 and 11 as follows: |
|
(320 ILCS 20/2) (from Ch. 23, par. 6602) |
Sec. 2. Definitions. As used in this Act, unless the |
context requires otherwise: |
(a) "Abandonment" means the desertion or willful forsaking |
of an eligible adult by an individual responsible for the care |
and custody of that eligible adult under circumstances in |
which a reasonable person would continue to provide care and |
custody. Nothing in this Act shall be construed to mean that an |
eligible adult is a victim of abandonment because of health |
care services provided or not provided by licensed health care |
professionals. |
(a-1) "Abuse" means causing any physical, mental or sexual |
injury to an eligible adult, including exploitation of such |
adult's financial resources, and abandonment or subjecting an |
eligible adult to an environment which creates a likelihood of |
harm to the eligible adult's health, physical and emotional |
well-being, or welfare. |
Nothing in this Act shall be construed to mean that an |
eligible adult is a victim of abuse, abandonment, neglect, or |
self-neglect for the sole reason that he or she is being |
furnished with or relies upon treatment by spiritual means |
through prayer alone, in accordance with the tenets and |
practices of a recognized church or religious denomination. |
Nothing in this Act shall be construed to mean that an |
eligible adult is a victim of abuse because of health care |
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services provided or not provided by licensed health care |
professionals. |
Nothing in this Act shall be construed to mean that an |
eligible adult is a victim of abuse in cases of criminal |
activity by strangers, telemarketing scams, consumer fraud, |
internet fraud, home repair disputes, complaints against a |
homeowners' association, or complaints between landlords and |
tenants. |
(a-5) "Abuser" means a person who is a family member, |
caregiver, or another person who has a continuing relationship |
with the eligible adult and abuses, abandons, neglects, or |
financially exploits an eligible adult. |
(a-6) "Adult with disabilities" means a person aged 18 |
through 59 who resides in a domestic living situation and |
whose disability as defined in subsection (c-5) impairs his or |
her ability to seek or obtain protection from abuse, |
abandonment, neglect, or exploitation. |
(a-7) "Caregiver" means a person who either as a result of |
a family relationship, voluntarily, or in exchange for |
compensation has assumed responsibility for all or a portion |
of the care of an eligible adult who needs assistance with |
activities of daily living or instrumental activities of daily |
living. |
(b) "Department" means the Department on Aging of the |
State of Illinois. |
(c) "Director" means the Director of the Department. |
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(c-5) "Disability" means a physical or mental disability, |
including, but not limited to, a developmental disability, an |
intellectual disability, a mental illness as defined under the |
Mental Health and Developmental Disabilities Code, or dementia |
as defined under the Alzheimer's Disease Assistance Act. |
(d) "Domestic living situation" means a residence where |
the eligible adult at the time of the report lives alone or |
with his or her family or a caregiver, or others, or other |
community-based unlicensed facility, but is not: |
(1) A licensed facility as defined in Section 1-113 of |
the Nursing Home Care Act; |
(1.5) A facility licensed under the ID/DD Community |
Care Act; |
(1.6) A facility licensed under the MC/DD Act; |
(1.7) A facility licensed under the Specialized Mental |
Health Rehabilitation Act of 2013; |
(2) A "life care facility" as defined in the Life Care |
Facilities Act; |
(3) A home, institution, or other place operated by |
the federal government or agency thereof or by the State |
of Illinois; |
(4) A hospital, sanitarium, or other institution, the |
principal activity or business of which is the diagnosis, |
care, and treatment of human illness through the |
maintenance and operation of organized facilities |
therefor, which is required to be licensed under the |
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Hospital Licensing Act; |
(5) A "community living facility" as defined in the |
Community Living Facilities Licensing Act; |
(6) (Blank); |
(7) A "community-integrated living arrangement" as |
defined in the Community-Integrated Living Arrangements |
Licensure and Certification Act or a "community |
residential alternative" as licensed under that Act; |
(8) An assisted living or shared housing establishment |
as defined in the Assisted Living and Shared Housing Act; |
or |
(9) A supportive living facility as described in |
Section 5-5.01a of the Illinois Public Aid Code. |
(e) "Eligible adult" means either an adult with |
disabilities aged 18 through 59 or a person aged 60 or older |
who resides in a domestic living situation and is, or is |
alleged to be, abused, abandoned, neglected, or financially |
exploited by another individual or who neglects himself or |
herself. "Eligible adult" also includes an adult who resides |
in any of the facilities that are excluded from the definition |
of "domestic living situation" under paragraphs (1) through |
(9) of subsection (d), if either: (i) the alleged abuse, |
abandonment, or neglect occurs outside of the facility and not |
under facility supervision and the alleged abuser is a family |
member, caregiver, or another person who has a continuing |
relationship with the adult; or (ii) the alleged financial |
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exploitation is perpetrated by a family member, caregiver, or |
another person who has a continuing relationship with the |
adult, but who is not an employee of the facility where the |
adult resides. |
(f) "Emergency" means a situation in which an eligible |
adult is living in conditions presenting a risk of death or |
physical, mental or sexual injury and the provider agency has |
reason to believe the eligible adult is unable to consent to |
services which would alleviate that risk. |
(f-1) "Financial exploitation" means the use of an |
eligible adult's resources by another to the disadvantage of |
that adult or the profit or advantage of a person other than |
that adult. |
(f-3) "Investment advisor" means any person required to |
register as an investment adviser or investment adviser |
representative under Section 8 of the Illinois Securities Law |
of 1953, which for purposes of this Act excludes any bank, |
trust company, savings bank, or credit union, or their |
respective employees. |
(f-5) "Mandated reporter" means any of the following |
persons while engaged in carrying out their professional |
duties: |
(1) a professional or professional's delegate while |
engaged in: (i) social services, (ii) law enforcement, |
(iii) education, (iv) the care of an eligible adult or |
eligible adults, or (v) any of the occupations required to |
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be licensed under the Behavior Analyst Licensing Act, the |
Clinical Psychologist Licensing Act, the Clinical Social |
Work and Social Work Practice Act, the Illinois Dental |
Practice Act, the Dietitian Nutritionist Practice Act, the |
Marriage and Family Therapy Licensing Act, the Medical |
Practice Act of 1987, the Naprapathic Practice Act, the |
Nurse Practice Act, the Nursing Home Administrators |
Licensing and Disciplinary Act, the Illinois Occupational |
Therapy Practice Act, the Illinois Optometric Practice Act |
of 1987, the Pharmacy Practice Act, the Illinois Physical |
Therapy Act, the Physician Assistant Practice Act of 1987, |
the Podiatric Medical Practice Act of 1987, the |
Respiratory Care Practice Act, the Professional Counselor |
and Clinical Professional Counselor Licensing and Practice |
Act, the Illinois Speech-Language Pathology and Audiology |
Practice Act, the Veterinary Medicine and Surgery Practice |
Act of 2004, and the Illinois Public Accounting Act; |
(1.5) an employee of an entity providing developmental |
disabilities services or service coordination funded by |
the Department of Human Services; |
(2) an employee of a vocational rehabilitation |
facility prescribed or supervised by the Department of |
Human Services; |
(3) an administrator, employee, or person providing |
services in or through an unlicensed community based |
facility; |
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(4) any religious practitioner who provides treatment |
by prayer or spiritual means alone in accordance with the |
tenets and practices of a recognized church or religious |
denomination, except as to information received in any |
confession or sacred communication enjoined by the |
discipline of the religious denomination to be held |
confidential; |
(5) field personnel of the Department of Healthcare |
and Family Services, Department of Public Health, and |
Department of Human Services, and any county or municipal |
health department; |
(6) personnel of the Department of Human Services, the |
Guardianship and Advocacy Commission, the State Fire |
Marshal, local fire departments, the Department on Aging |
and its subsidiary Area Agencies on Aging and provider |
agencies, except the State Long Term Care Ombudsman and |
any of his or her representatives or volunteers where |
prohibited from making such a report pursuant to 45 CFR |
1324.11(e)(3)(iv); |
(7) any employee of the State of Illinois not |
otherwise specified herein who is involved in providing |
services to eligible adults, including professionals |
providing medical or rehabilitation services and all other |
persons having direct contact with eligible adults; |
(8) a person who performs the duties of a coroner or |
medical examiner; |
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(9) a person who performs the duties of a paramedic or |
an emergency medical technician; or |
(10) a person who performs the duties of an investment |
advisor. |
(g) "Neglect" means another individual's failure to |
provide an eligible adult with or willful withholding from an |
eligible adult the necessities of life including, but not |
limited to, food, clothing, shelter or health care. This |
subsection does not create any new affirmative duty to provide |
support to eligible adults. Nothing in this Act shall be |
construed to mean that an eligible adult is a victim of neglect |
because of health care services provided or not provided by |
licensed health care professionals. |
(h) "Provider agency" means any public or nonprofit agency |
in a planning and service area that is selected by the |
Department or appointed by the regional administrative agency |
with prior approval by the Department on Aging to receive and |
assess reports of alleged or suspected abuse, abandonment, |
neglect, or financial exploitation. A provider agency is also |
referenced as a "designated agency" in this Act. |
(i) "Regional administrative agency" means any public or |
nonprofit agency in a planning and service area that provides |
regional oversight and performs functions as set forth in |
subsection (b) of Section 3 of this Act. The Department shall |
designate an Area Agency on Aging as the regional |
administrative agency or, in the event the Area Agency on |
|
Aging in that planning and service area is deemed by the |
Department to be unwilling or unable to provide those |
functions, the Department may serve as the regional |
administrative agency or designate another qualified entity to |
serve as the regional administrative agency; any such |
designation shall be subject to terms set forth by the |
Department. |
(i-5) "Self-neglect" means a condition that is the result |
of an eligible adult's inability, due to physical or mental |
impairments, or both, or a diminished capacity, to perform |
essential self-care tasks that substantially threaten his or |
her own health, including: providing essential food, clothing, |
shelter, and health care; and obtaining goods and services |
necessary to maintain physical health, mental health, |
emotional well-being, and general safety. The term includes |
compulsive hoarding, which is characterized by the acquisition |
and retention of large quantities of items and materials that |
produce an extensively cluttered living space, which |
significantly impairs the performance of essential self-care |
tasks or otherwise substantially threatens life or safety. |
(j) "Substantiated case" means a reported case of alleged |
or suspected abuse, abandonment, neglect, financial |
exploitation, or self-neglect in which a provider agency, |
after assessment, determines that there is reason to believe |
abuse, abandonment, neglect, or financial exploitation has |
occurred. |
|
(k) "Verified" means a determination that there is "clear |
and convincing evidence" that the specific injury or harm |
alleged was the result of abuse, abandonment, neglect, or |
financial exploitation. |
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22; |
103-329, eff. 1-1-24; 103-626, eff. 1-1-25.) |
(320 ILCS 20/11) (from Ch. 23, par. 6611) |
Sec. 11. Annual Reports. The Department shall annually |
file with the Governor and the General Assembly, no later than |
January 1 within 270 days after the end of each fiscal year, a |
report concerning its implementation of this Act during the |
prior such fiscal year, together with any recommendations for |
future implementation. |
(Source: P.A. 90-628, eff. 1-1-99.) |
(410 ILCS 201/Act rep.) |
Section 10-55. The Autism Spectrum Disorders Reporting Act |
is repealed. |
Section 10-60. The Illinois Solid Waste Management Act is |
amended by changing Sections 3 and 3.1 as follows: |
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053) |
Sec. 3. State agency materials recycling program. |
(a) All State agencies and local governments shall |
|
consider whether compost products can be used in the land |
maintenance activity project when soliciting and reviewing |
bids for land maintenance activity projects. If compost |
products can be used in the project, the State agency or local |
government must use compost products unless the compost |
products: |
(1) are not available within a reasonable period of |
time; |
(2) do not comply with existing purchasing standards; |
or |
(3) do not comply with federal or State health and |
safety standards. |
Beginning January 1, 2024, the Department of |
Transportation shall report each year to the General Assembly: |
(i) the volume of compost used in State highway |
construction projects; |
(ii) the status of compost and compost-based products |
used in State highway construction projects; and |
(iii) recommendations to maximize the use of compost |
as a recycled material in State highway construction |
projects. |
State agencies and local governments are encouraged to |
give priority to purchasing compost products from companies |
that produce compost products locally, are certified by a |
nationally recognized organization, and produce compost |
products that are derived from municipal solid waste compost |
|
programs. |
(a-5) All State agencies responsible for the maintenance |
of public lands in the State shall review its procurement |
specifications and policies to determine (1) if incorporating |
compost materials will help reduce stormwater run-off and |
increase infiltration of moisture in land maintenance |
activities and (2) the current recycled content usage and |
potential for additional recycled content usage by the Agency |
in land maintenance activities and report to the General |
Assembly by December 15, 2015. |
(b) The Department of Central Management Services, in |
coordination with the Agency, shall implement waste reduction |
programs, including source separation and collection, for |
office wastepaper, corrugated containers, newsprint and mixed |
paper, in all State buildings as appropriate and feasible. |
Such waste reduction programs shall be designed to achieve |
waste reductions of at least 25% of all such waste by December |
31, 1995, and at least 50% of all such waste by December 31, |
2000. Any source separation and collection program shall |
include, at a minimum, procedures for collecting and storing |
recyclable materials, bins or containers for storing |
materials, and contractual or other arrangements with buyers |
of recyclable materials. If market conditions so warrant, the |
Department of Central Management Services, in coordination |
with the Agency, may modify programs developed pursuant to |
this Section. |
|
The Department of Commerce and Community Affairs (now |
Department of Commerce and Economic Opportunity) shall conduct |
waste categorization studies of all State facilities for |
calendar years 1991, 1995 and 2000. Such studies shall be |
designed to assist the Department of Central Management |
Services to achieve the waste reduction goals established in |
this subsection. |
(c) Each State agency shall, upon consultation with the |
Agency, periodically review its procurement procedures and |
specifications related to the purchase of products or |
supplies. Such procedures and specifications shall be modified |
as necessary to require the procuring agency to seek out |
products and supplies that contain recycled materials, and to |
ensure that purchased products or supplies are reusable, |
durable or made from recycled materials whenever economically |
and practically feasible. In choosing among products or |
supplies that contain recycled material, consideration shall |
be given to products and supplies with the highest recycled |
material content that is consistent with the effective and |
efficient use of the product or supply. |
(d) Wherever economically and practically feasible, the |
Department of Central Management Services shall procure |
recycled paper and paper products as follows: |
(1) Beginning July 1, 1989, at least 10% of the total |
dollar value of paper and paper products purchased by the |
Department of Central Management Services shall be |
|
recycled paper and paper products. |
(2) Beginning July 1, 1992, at least 25% of the total |
dollar value of paper and paper products purchased by the |
Department of Central Management Services shall be |
recycled paper and paper products. |
(3) Beginning July 1, 1996, at least 40% of the total |
dollar value of paper and paper products purchased by the |
Department of Central Management Services shall be |
recycled paper and paper products. |
(4) Beginning July 1, 2000, at least 50% of the total |
dollar value of paper and paper products purchased by the |
Department of Central Management Services shall be |
recycled paper and paper products. |
(e) Paper and paper products purchased from private |
vendors pursuant to printing contracts are not considered |
paper products for the purposes of subsection (d). However, |
the Department of Central Management Services shall report to |
the General Assembly on an annual basis the total dollar value |
of printing contracts awarded to private sector vendors that |
included the use of recycled paper. |
(f)(1) Wherever economically and practically feasible, |
the recycled paper and paper products referred to in |
subsection (d) shall contain postconsumer or recovered |
paper materials as specified by paper category in this |
subsection: |
(i) Recycled high grade printing and writing paper |
|
shall contain at least 50% recovered paper material. |
Such recovered paper material, until July 1, 1994, |
shall consist of at least 20% deinked stock or |
postconsumer material; and beginning July 1, 1994, |
shall consist of at least 25% deinked stock or |
postconsumer material; and beginning July 1, 1996, |
shall consist of at least 30% deinked stock or |
postconsumer material; and beginning July 1, 1998, |
shall consist of at least 40% deinked stock or |
postconsumer material; and beginning July 1, 2000, |
shall consist of at least 50% deinked stock or |
postconsumer material. |
(ii) Recycled tissue products, until July 1, 1994, |
shall contain at least 25% postconsumer material; and |
beginning July 1, 1994, shall contain at least 30% |
postconsumer material; and beginning July 1, 1996, |
shall contain at least 35% postconsumer material; and |
beginning July 1, 1998, shall contain at least 40% |
postconsumer material; and beginning July 1, 2000, |
shall contain at least 45% postconsumer material. |
(iii) Recycled newsprint, until July 1, 1994, |
shall contain at least 40% postconsumer material; and |
beginning July 1, 1994, shall contain at least 50% |
postconsumer material; and beginning July 1, 1996, |
shall contain at least 60% postconsumer material; and |
beginning July 1, 1998, shall contain at least 70% |
|
postconsumer material; and beginning July 1, 2000, |
shall contain at least 80% postconsumer material. |
(iv) Recycled unbleached packaging, until July 1, |
1994, shall contain at least 35% postconsumer |
material; and beginning July 1, 1994, shall contain at |
least 40% postconsumer material; and beginning July 1, |
1996, shall contain at least 45% postconsumer |
material; and beginning July 1, 1998, shall contain at |
least 50% postconsumer material; and beginning July 1, |
2000, shall contain at least 55% postconsumer |
material. |
(v) Recycled paperboard, until July 1, 1994, shall |
contain at least 80% postconsumer material; and |
beginning July 1, 1994, shall contain at least 85% |
postconsumer material; and beginning July 1, 1996, |
shall contain at least 90% postconsumer material; and |
beginning July 1, 1998, shall contain at least 95% |
postconsumer material. |
(2) For the purposes of this Section, "postconsumer |
material" includes: |
(i) paper, paperboard, and fibrous wastes from |
retail stores, office buildings, homes, and so forth, |
after the waste has passed through its end usage as a |
consumer item, including used corrugated boxes, old |
newspapers, mixed waste paper, tabulating cards, and |
used cordage; and |
|
(ii) all paper, paperboard, and fibrous wastes |
that are diverted or separated from the municipal |
solid waste stream. |
(3) For the purposes of this Section, "recovered paper |
material" includes: |
(i) postconsumer material; |
(ii) dry paper and paperboard waste generated |
after completion of the papermaking process (that is, |
those manufacturing operations up to and including the |
cutting and trimming of the paper machine reel into |
smaller rolls or rough sheets), including envelope |
cuttings, bindery trimmings, and other paper and |
paperboard waste resulting from printing, cutting, |
forming, and other converting operations, or from bag, |
box and carton manufacturing, and butt rolls, mill |
wrappers, and rejected unused stock; and |
(iii) finished paper and paperboard from obsolete |
inventories of paper and paperboard manufacturers, |
merchants, wholesalers, dealers, printers, converters, |
or others. |
(g) The Department of Central Management Services may |
adopt regulations to carry out the provisions and purposes of |
this Section. |
(h) Every State agency shall, in its procurement |
documents, specify that, whenever economically and practically |
feasible, a product to be procured must consist, wholly or in |
|
part, of recycled materials, or be recyclable or reusable in |
whole or in part. When applicable, if state guidelines are not |
already prescribed, State agencies shall follow USEPA |
guidelines for federal procurement. |
(i) All State agencies shall cooperate with the Department |
of Central Management Services in carrying out this Section. |
The Department of Central Management Services may enter into |
cooperative purchasing agreements with other governmental |
units in order to obtain volume discounts, or for other |
reasons in accordance with the Governmental Joint Purchasing |
Act, or in accordance with the Intergovernmental Cooperation |
Act if governmental units of other states or the federal |
government are involved. |
(j) The Department of Central Management Services shall |
submit an annual report to the General Assembly concerning its |
implementation of the State's collection and recycled paper |
procurement programs. This report shall include a description |
of the actions that the Department of Central Management |
Services has taken in the previous fiscal year to implement |
this Section. This report shall be submitted on or before |
November 1 of each year. |
(k) The Department of Central Management Services, in |
cooperation with all other appropriate departments and |
agencies of the State, shall institute whenever economically |
and practically feasible the use of re-refined motor oil in |
all State-owned motor vehicles and the use of remanufactured |
|
and retread tires whenever such use is practical, beginning no |
later than July 1, 1992. |
(l) (Blank). |
(m) The Department of Central Management Services, in |
coordination with the Department of Commerce and Community |
Affairs (now Department of Commerce and Economic Opportunity), |
has implemented an aluminum can recycling program in all State |
buildings within 270 days of the effective date of this |
amendatory Act of 1997. The program provides for (1) the |
collection and storage of used aluminum cans in bins or other |
appropriate containers made reasonably available to occupants |
and visitors of State buildings and (2) the sale of used |
aluminum cans to buyers of recyclable materials. |
Proceeds from the sale of used aluminum cans shall be |
deposited into I-CYCLE accounts maintained in the Facilities |
Management Revolving Fund and, subject to appropriation, shall |
be used by the Department of Central Management Services and |
any other State agency to offset the costs of implementing the |
aluminum can recycling program under this Section. |
All State agencies having an aluminum can recycling |
program in place shall continue with their current plan. If a |
State agency has an existing recycling program in place, |
proceeds from the aluminum can recycling program may be |
retained and distributed pursuant to that program, otherwise |
all revenue resulting from these programs shall be forwarded |
to Central Management Services, I-CYCLE for placement into the |
|
appropriate account within the Facilities Management Revolving |
Fund, minus any operating costs associated with the program. |
(Source: P.A. 102-444, eff. 8-20-21; 103-570, eff. 1-1-24.) |
(415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1) |
Sec. 3.1. Institutions of higher learning. |
(a) For purposes of this Section "State-supported |
institutions of higher learning" or "institutions" means the |
University of Illinois, Southern Illinois University, the |
colleges and universities under the jurisdiction of the Board |
of Governors of State Colleges and Universities, the colleges |
and universities under the jurisdiction of the Board of |
Regents of Regency Universities, and the public community |
colleges subject to the Public Community College Act. |
(b) Each State-supported institution of higher learning |
shall develop a comprehensive waste reduction plan covering a |
period of 10 years which addresses the management of solid |
waste generated by academic, administrative, student housing |
and other institutional functions. The waste reduction plan |
shall be developed by January 1, 1995. The initial plan |
required under this Section shall be updated by the |
institution every 5 years, and any proposed amendments to the |
plan shall be submitted for review in accordance with |
subsection (f). |
(c) Each waste reduction plan shall address, at a minimum, |
the following topics: existing waste generation by volume, |
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waste composition, existing waste reduction and recycling |
activities, waste collection and disposal costs, future waste |
management methods, and specific goals to reduce the amount of |
waste generated that is subject to landfill disposal. |
(d) Each waste reduction plan shall provide for recycling |
of marketable materials currently present in the institution's |
waste stream, including but not limited to landscape waste, |
corrugated cardboard, computer paper, and white office paper, |
and shall provide for the investigation of potential markets |
for other recyclable materials present in the institution's |
waste stream. The recycling provisions of the waste reduction |
plan shall be designed to achieve, by January 1, 2000, at least |
a 40% reduction (referenced to a base year of 1987) in the |
amount of solid waste that is generated by the institution and |
identified in the waste reduction plan as being subject to |
landfill disposal. |
(e) Each waste reduction plan shall evaluate the |
institution's procurement policies and practices to eliminate |
procedures which discriminate against items with recycled |
content, and to identify products or items which are procured |
by the institution on a frequent or repetitive basis for which |
products with recycled content may be substituted. Each waste |
reduction plan shall prescribe that it will be the policy of |
the institution to purchase products with recycled content |
whenever such products have met specifications and standards |
of equivalent products which do not contain recycled content. |
|
(f) (Blank). Each waste reduction plan developed in |
accordance with this Section shall be submitted to the Agency |
for review and approval. The Agency's review shall be |
conducted in cooperation with the Board of Higher Education |
and the Illinois Community College Board. |
(g) The Agency shall provide technical assistance, |
technical materials, workshops and other information necessary |
to assist in the development and implementation of the waste |
reduction plans. The Agency shall develop guidelines and |
funding criteria for providing grant assistance to |
institutions for the implementation of approved waste |
reduction plans. |
(Source: P.A. 102-444, eff. 8-20-21.) |
(415 ILCS 110/Act rep.) |
Section 10-65. The Recycled Newsprint Use Act is repealed. |
(415 ILCS 145/Act rep.) |
Section 10-70. The Illinois Cool Cities Act is repealed. |
Section 10-75. The Illinois Chemical Safety Act is amended |
by changing Section 9 as follows: |
(430 ILCS 45/9) (from Ch. 111 1/2, par. 959) |
Sec. 9. Informational and Technical Assistance Program. |
(a) The IEMA-OHS IEMA and the Agency shall develop an |
|
informational and technical assistance program relating to the |
implementation of this Act. |
(b) Upon request by a business, the Agency may provide |
technical assistance relating to emergency preparedness. The |
assistance may include provision of relevant guidance |
materials, identification of potential hazards associated with |
releases of chemical substances, and information regarding |
currently available emergency response procedures, practices, |
equipment, and supplies. |
(c) The IEMA-OHS shall, to the extent allowed by law, make |
the following publicly available as soon as practicable on its |
website On or before February 1 of each year, the IEMA shall |
publish a report summarizing by county for the preceding |
calendar year: |
(1) The status of notifications provided by businesses |
under Section 4. |
(2) Information on significant releases. |
(3) Information on enforcement actions taken under |
Section 11. |
(4) The status of emergency preparedness planning and |
activities by communities in which businesses that are |
subject to the provisions of this Act are located. |
(d) (Blank). The IEMA shall provide copies of the annual |
report to the appropriate local units of government. These |
local governments and agencies shall maintain a copy of each |
annual report, which shall be available for inspection by the |
|
public. |
(Source: P.A. 86-548; 87-168.) |
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act. |
| |
INDEX
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Statutes amended in order of appearance
| | 10 ILCS 5/1A-50 | | | 15 ILCS 20/50-5 | | | 15 ILCS 20/50-40 | | | 20 ILCS 505/5a | from Ch. 23, par. 5005a | | 20 ILCS 605/605-515 | was 20 ILCS 605/46.13a | | 20 ILCS 605/605-1075 | | | 20 ILCS 1105/11 | from Ch. 96 1/2, par. 7411 | | 20 ILCS 3501/825-95 rep. | | | 20 ILCS 3501/825-100 rep. | | | 20 ILCS 3930/9.3 | | | 25 ILCS 80/5 | from Ch. 63, par. 42.93-5 | | 30 ILCS 105/5.908 | | | 30 ILCS 105/5.921 | | | 30 ILCS 105/5.693 rep. | | | 30 ILCS 105/5.741 rep. | | | 30 ILCS 105/5.817 rep. | | | 35 ILCS 5/201.5 rep. | | | 415 ILCS 60/22.2 | from Ch. 5, par. 822.2 | | 420 ILCS 20/14 | from Ch. 111 1/2, par. 241-14 | | 520 ILCS 25/15 | | | 625 ILCS 5/3-658 | | | 625 ILCS 5/3-699.14 | | | 625 ILCS 5/11-501.01 | | |
| 630 ILCS 5/15 | | | 630 ILCS 5/90 rep. | | | 730 ILCS 5/5-9-1.8 | | | 750 ILCS 50/18.3a | from Ch. 40, par. 1522.3a | | 5 ILCS 412/5-15 | | | 20 ILCS 1605/21.7 | | | 20 ILCS 1805/26 | from Ch. 129, par. 220.26 | | 20 ILCS 1805/40 | from Ch. 129, par. 220.40 | | 20 ILCS 1805/43 rep. | | | 20 ILCS 1805/45 rep. | | | 20 ILCS 2310/2310-435 rep. | | | 20 ILCS 2805/2 | from Ch. 126 1/2, par. 67 | | 30 ILCS 500/25-35 | | | 105 ILCS 5/2-3.30 | from Ch. 122, par. 2-3.30 | | 210 ILCS 85/6.09 | from Ch. 111 1/2, par. 147.09 | | 310 ILCS 100/10 | | | 310 ILCS 100/15 | | | 310 ILCS 100/20 | | | 310 ILCS 100/25 | | | 310 ILCS 100/30 | | | 320 ILCS 20/2 | from Ch. 23, par. 6602 | | 320 ILCS 20/11 | from Ch. 23, par. 6611 | | 410 ILCS 201/Act rep. | | | 415 ILCS 20/3 | from Ch. 111 1/2, par. 7053 | | 415 ILCS 20/3.1 | from Ch. 111 1/2, par. 7053.1 | | 415 ILCS 110/Act rep. | | |
| 415 ILCS 145/Act rep. | | | 430 ILCS 45/9 | from Ch. 111 1/2, par. 959 |
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