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HB5181 Enrolled LRB104 19228 SPS 32674 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Article 5.
5 Section 5-5. The Election Code is amended by changing
6 Section 1A-50 as follows:
7 (10 ILCS 5/1A-50)
8 Sec. 1A-50. Electronic Registration Information Center.
9 The ERIC Operations Trust Fund. The ERIC Operations Trust Fund
10 (Trust Fund) is created as a nonappropriated trust fund to be
11 held outside of the State treasury, with the State Treasurer
12 as ex officio custodian. The Trust Fund shall be financed by a
13 combination of private donations and by appropriations by the
14 General Assembly. The Board may accept from all sources,
15 contributions, grants, gifts, bequeaths, legacies of money,
16 and securities to be deposited into the Trust Fund. All
17 deposits shall become part of the Trust Fund corpus. Moneys in
18 the Trust Fund are not subject to appropriation and shall be
19 used by the Board solely for the costs and expenses related to
20 the participation in the Electronic Registration Information
21 Center pursuant to this Code.
22 All gifts, grants, assets, funds, or moneys received by
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1 the Board for the purpose of participation in the Electronic
2 Registration Information Center shall be deposited into the
3 Elections Special Projects Fund and shall be used by the Board
4 solely for the costs and expenses related to the participation
5 in the Electronic Registration Information Center pursuant to
6 this Code and held in the Trust Fund by the State Treasurer
7 separate and apart from all public moneys or funds of this
8 State and shall be administered by the Board exclusively for
9 the purposes set forth in this Section. All moneys in the Trust
10 Fund shall be invested and reinvested by the State Treasurer.
11 All interest accruing from these investments shall be
12 deposited into the Trust Fund.
13 The ERIC Operations Trust Fund is not subject to sweeps,
14 administrative chargebacks, or any other fiscal or budgetary
15 maneuver that would in any way transfer any amounts from the
16 ERIC Operations Trust Fund into any other fund of the State.
17 On July 1, 2025, or as soon thereafter as practical, the
18 State Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the ERIC Operations Trust
20 Fund into the Elections Special Projects Fund. Upon completion
21 of the transfer, the ERIC Operations Trust Fund is dissolved,
22 and any future deposits due to that Fund and any outstanding
23 obligations or liabilities of that Fund pass to the Elections
24 Special Projects Fund.
25 (Source: P.A. 104-2, eff. 6-16-25.)
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1 Section 5-10. The State Budget Law of the Civil
2 Administrative Code of Illinois is amended by changing
3 Sections 50-5 and 50-40 as follows:
4 (15 ILCS 20/50-5)
5 Sec. 50-5. Governor to submit State budget.
6 (a) The Governor shall, as soon as possible and not later
7 than the second Wednesday in March in 2010 (March 10, 2010),
8 the third Wednesday in February in 2011, the fourth Wednesday
9 in February in 2012 (February 22, 2012), the first Wednesday
10 in March in 2013 (March 6, 2013), the fourth Wednesday in March
11 in 2014 (March 26, 2014), the first Wednesday in February in
12 2022 (February 2, 2022), and the third Wednesday in February
13 of each year thereafter, except as otherwise provided in this
14 Section, submit a State budget, embracing therein the amounts
15 recommended by the Governor to be appropriated to the
16 respective departments, offices, and institutions, and for all
17 other public purposes, the estimated revenues from taxation,
18 and the estimated revenues from sources other than taxation.
19 Except with respect to the capital development provisions of
20 the State budget, beginning with the revenue estimates
21 prepared for fiscal year 2012, revenue estimates shall be
22 based solely on: (i) revenue sources (including non-income
23 resources), rates, and levels that exist as of the date of the
24 submission of the State budget for the fiscal year and (ii)
25 revenue sources (including non-income resources), rates, and
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1 levels that have been passed by the General Assembly as of the
2 date of the submission of the State budget for the fiscal year
3 and that are authorized to take effect in that fiscal year.
4 Except with respect to the capital development provisions of
5 the State budget, the Governor shall determine available
6 revenue, deduct the cost of essential government services,
7 including, but not limited to, pension payments and debt
8 service, and assign a percentage of the remaining revenue to
9 each statewide prioritized goal, as established in Section
10 50-25 of this Law, taking into consideration the proposed
11 goals set forth in the report of the Commission established
12 under that Section. The Governor shall also demonstrate how
13 spending priorities for the fiscal year fulfill those
14 statewide goals. The amounts recommended by the Governor for
15 appropriation to the respective departments, offices and
16 institutions shall be formulated according to each
17 department's, office's, and institution's ability to
18 effectively deliver services that meet the established
19 statewide goals. The amounts relating to particular functions
20 and activities shall be further formulated in accordance with
21 the object classification specified in Section 13 of the State
22 Finance Act. In addition, the amounts recommended by the
23 Governor for appropriation shall take into account each State
24 agency's effectiveness in achieving its prioritized goals for
25 the previous fiscal year, as set forth in Section 50-25 of this
26 Law, giving priority to agencies and programs that have
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1 demonstrated a focus on the prevention of waste and the
2 maximum yield from resources.
3 The Governor shall also present periodic budget addresses
4 throughout the fiscal year at the invitation of the General
5 Assembly.
6 The Governor shall not propose expenditures and the
7 General Assembly shall not enact appropriations that exceed
8 the resources estimated to be available, as provided in this
9 Section. Appropriations may be adjusted during the fiscal year
10 by means of one or more supplemental appropriation bills if
11 any State agency either fails to meet or exceeds the goals set
12 forth in Section 50-25 of this Law.
13 For the purposes of Article VIII, Section 2 of the 1970
14 Illinois Constitution, the State budget for the following
15 funds shall be prepared on the basis of revenue and
16 expenditure measurement concepts that are in concert with
17 generally accepted accounting principles for governments:
18 (1) General Revenue Fund.
19 (2) Common School Fund.
20 (3) Education Educational Assistance Fund.
21 (4) Road Fund.
22 (5) Motor Fuel Tax Fund.
23 (6) Agricultural Premium Fund.
24 These funds shall be known as the "budgeted funds". The
25 revenue estimates used in the State budget for the budgeted
26 funds shall include the estimated beginning fund balance, plus
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1 revenues estimated to be received during the budgeted year,
2 plus the estimated receipts due the State as of June 30 of the
3 budgeted year that are expected to be collected during the
4 lapse period following the budgeted year, minus the receipts
5 collected during the first 2 months of the budgeted year that
6 became due to the State in the year before the budgeted year.
7 Revenues shall also include estimated federal reimbursements
8 associated with the recognition of Section 25 of the State
9 Finance Act liabilities. For any budgeted fund for which
10 current year revenues are anticipated to exceed expenditures,
11 the surplus shall be considered to be a resource available for
12 expenditure in the budgeted fiscal year.
13 Expenditure estimates for the budgeted funds included in
14 the State budget shall include the costs to be incurred by the
15 State for the budgeted year, to be paid in the next fiscal
16 year, excluding costs paid in the budgeted year which were
17 carried over from the prior year, where the payment is
18 authorized by Section 25 of the State Finance Act. For any
19 budgeted fund for which expenditures are expected to exceed
20 revenues in the current fiscal year, the deficit shall be
21 considered as a use of funds in the budgeted fiscal year.
22 Revenues and expenditures shall also include transfers
23 between funds that are based on revenues received or costs
24 incurred during the budget year.
25 Appropriations for expenditures shall also include all
26 anticipated statutory continuing appropriation obligations
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1 that are expected to be incurred during the budgeted fiscal
2 year.
3 By March 15 of each year, the Commission on Government
4 Forecasting and Accountability shall prepare revenue and fund
5 transfer estimates in accordance with the requirements of this
6 Section and report those estimates to the General Assembly and
7 the Governor.
8 For all funds other than the budgeted funds, the proposed
9 expenditures shall not exceed funds estimated to be available
10 for the fiscal year as shown in the budget. Appropriation for a
11 fiscal year shall not exceed funds estimated by the General
12 Assembly to be available during that year.
13 (b) By February 24, 2010, the Governor must file a written
14 report with the Secretary of the Senate and the Clerk of the
15 House of Representatives containing the following:
16 (1) for fiscal year 2010, the revenues for all
17 budgeted funds, both actual to date and estimated for the
18 full fiscal year;
19 (2) for fiscal year 2010, the expenditures for all
20 budgeted funds, both actual to date and estimated for the
21 full fiscal year;
22 (3) for fiscal year 2011, the estimated revenues for
23 all budgeted funds, including without limitation the
24 affordable General Revenue Fund appropriations, for the
25 full fiscal year; and
26 (4) for fiscal year 2011, an estimate of the
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1 anticipated liabilities for all budgeted funds, including
2 without limitation the affordable General Revenue Fund
3 appropriations, debt service on bonds issued, and the
4 State's contributions to the pension systems, for the full
5 fiscal year.
6 Between July 1 and August 31 of each fiscal year, the
7 members of the General Assembly and members of the public may
8 make written budget recommendations to the Governor.
9 The Beginning with budgets prepared for fiscal year 2013,
10 the budgets submitted by the Governor and appropriations made
11 by the General Assembly for all executive branch State
12 agencies must adhere to a method of budgeting where each
13 priority must be justified each year according to merit rather
14 than according to the amount appropriated for the preceding
15 year.
16 (Source: P.A. 104-435, eff. 11-21-25.)
17 (15 ILCS 20/50-40)
18 Sec. 50-40. General funds defined. "General funds" or
19 "State general funds" means the General Revenue Fund, the
20 Common School Fund, the General Revenue Common School Special
21 Account Fund, the Education Assistance Fund, the Fund for the
22 Advancement of Education, the Commitment to Human Services
23 Fund, and the Budget Stabilization Fund.
24 (Source: P.A. 100-23, eff. 7-6-17.)
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1 Section 5-15. The Children and Family Services Act is
2 amended by changing Section 5a as follows:
3 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
4 Sec. 5a. Reimbursable services for which the Department of
5 Children and Family Services shall pay 100% of the reasonable
6 cost pursuant to a written contract negotiated between the
7 Department and the agency furnishing the services (which shall
8 include but not be limited to the determination of reasonable
9 cost, the services being purchased and the duration of the
10 agreement) include, but are not limited to:
11 SERVICE ACTIVITIES
12 Adjunctive Therapy;
13 Child Care Service, including day care;
14 Clinical Therapy;
15 Custodial Service;
16 Field Work Students;
17 Food Service;
18 Normal Education;
19 In-Service Training;
20 Intake or Evaluation, or both;
21 Medical Services;
22 Recreation;
23 Social Work or Counselling, or both;
24 Supportive Staff;
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1 Volunteers.
2 OBJECT EXPENSES
3 Professional Fees and Contract Service Payments;
4 Supplies;
5 Telephone and Telegram;
6 Occupancy;
7 Local Transportation;
8 Equipment and Other Fixed Assets, including amortization
9 of same;
10 Miscellaneous.
11 ADMINISTRATIVE COSTS
12 Program Administration;
13 Supervision and Consultation;
14 Inspection and Monitoring for purposes of issuing
15 licenses;
16 Determination of Children who are eligible
17 for federal or other reimbursement;
18 Postage and Shipping;
19 Outside Printing, Artwork, etc.;
20 Subscriptions and Reference Publications;
21 Management and General Expense.
22 Reimbursement of administrative costs other than inspection
23 and monitoring for purposes of issuing licenses may not exceed
24 20% of the costs for other services.
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1 The Department may offer services to any child or family
2 with respect to whom a report of suspected child abuse or
3 neglect has been called in to the hotline after completion of a
4 family assessment as provided under subsection (a-5) of
5 Section 7.4 of the Abused and Neglected Child Reporting Act
6 and the Department has determined that services are needed to
7 address the safety of the child and other family members and
8 the risk of subsequent maltreatment. Acceptance of such
9 services shall be voluntary.
10 All Object Expenses, Service Activities and Administrative
11 Costs are allowable.
12 If a survey instrument is used in the rate setting
13 process:
14 (a) with respect to any day care centers, it shall be
15 limited to those agencies which receive reimbursement from
16 the State;
17 (b) the cost survey instrument shall be promulgated by
18 rule;
19 (c) any requirements of the respondents shall be
20 promulgated by rule;
21 (d) all screens, limits or other tests of
22 reasonableness, allowability and reimbursability shall be
23 promulgated by rule;
24 (e) adjustments may be made by the Department to rates
25 when it determines that reported wage and salary levels
26 are insufficient to attract capable caregivers in
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1 sufficient numbers.
2 The Department of Children and Family Services may pay
3 100% of the reasonable costs of research and valuation focused
4 exclusively on services to youth in care. Such research
5 projects must be approved, in advance, by the Director of the
6 Department.
7 In addition to reimbursements otherwise provided for in
8 this Section, the Department of Human Services, through June
9 30, 2026 and Department of Early Childhood beginning on and
10 after July 1, 2026, shall, in accordance with annual written
11 agreements, make advance quarterly disbursements to local
12 public agencies for child day care services with funds
13 appropriated from the Local Effort Day Care Fund.
14 Neither the Department of Children and Family Services nor
15 the Department of Human Services through June 30, 2026 and the
16 Department of Early Childhood beginning on and after July 1,
17 2026 shall pay or approve reimbursement for day care in a
18 facility which is operating without a valid license or permit,
19 except in the case of day care homes or day care centers which
20 are exempt from the licensing requirements of the Child Care
21 Act of 1969.
22 The rates paid to day care providers by the Department of
23 Children and Family Services shall match the rates paid to
24 child care providers by the Department of Human Services,
25 including base rates and any relevant rate enhancements
26 through June 30, 2026. On and after July 1, 2026, the
HB5181 Enrolled - 13 - LRB104 19228 SPS 32674 b
1 Department of Early Childhood shall pay day care providers,
2 who service the Department of Children and Family Services
3 under the child care assistance program, including base rates
4 and any relevant rate enhancements.
5 (Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.)
6 Section 5-20. The Department of Commerce and Economic
7 Opportunity Law of the Civil Administrative Code of Illinois
8 is amended by changing Sections 605-515 and 605-1075 as
9 follows:
10 (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
11 Sec. 605-515. Environmental Regulatory Assistance Program.
12 (a) In this Section, except where the context clearly
13 requires otherwise, "small business stationary source" means a
14 business that is owned or operated by a person that employs 100
15 or fewer individuals; is a small business; is not a major
16 stationary source as defined in Titles I and III of the federal
17 1990 Clean Air Act Amendments; does not emit 50 tons or more
18 per year of any regulated pollutant (as defined under the
19 federal Clean Air Act); and emits less than 75 tons per year of
20 all regulated pollutants.
21 (b) The Department may:
22 (1) Provide access to technical and compliance
23 information for Illinois firms, including small and middle
24 market companies, to facilitate local business compliance
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1 with the federal, State, and local environmental
2 regulations.
3 (2) Coordinate and enter into cooperative agreements
4 with a State ombudsman office, which shall be established
5 in accordance with the federal 1990 Clean Air Act
6 Amendments to provide direct oversight to the program
7 established under that Act.
8 (3) Enter into contracts, cooperative agreements, and
9 financing agreements and establish and collect charges and
10 fees necessary or incidental to the performance of duties
11 and the execution of powers under this Section.
12 (4) Accept and expend, subject to appropriation,
13 gifts, grants, awards, funds, contributions, charges,
14 fees, and other financial or nonfinancial aid from
15 federal, State, and local governmental agencies,
16 businesses, educational agencies, not-for-profit
17 organizations, and other entities, for the purposes of
18 this Section.
19 (5) Establish, staff, and administer programs and
20 services and adopt such rules and regulations necessary to
21 carry out the intent of this Section and Section 507,
22 "Small Business Stationary Source Technical and
23 Environmental Compliance Assistance Program", of the
24 federal 1990 Clean Air Act Amendments.
25 (c) The Department's environmental compliance programs and
26 services for businesses may include, but need not be limited
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1 to, the following:
2 (1) Communication and outreach services to or on
3 behalf of individual companies, including collection and
4 compilation of appropriate information on regulatory
5 compliance issues and control technologies, and
6 dissemination of that information through publications,
7 direct mailings, electronic communications, conferences,
8 workshops, one-on-one counseling, and other means of
9 technical assistance.
10 (2) Provision of referrals and access to technical
11 assistance, pollution prevention and facility audits, and
12 otherwise serving as an information clearinghouse on
13 pollution prevention through the coordination of the
14 Illinois Sustainable Technology Center of the University
15 of Illinois. In addition, environmental and regulatory
16 compliance issues and techniques, which may include
17 business rights and responsibilities, applicable
18 permitting and compliance requirements, compliance methods
19 and acceptable control technologies, release detection,
20 and other applicable information may be provided.
21 (3) Coordination with and provision of administrative
22 and logistical support to the State Compliance Advisory
23 Panel.
24 (d) There is hereby created a special fund in the State
25 Treasury to be known as the Small Business Environmental
26 Assistance Fund. Monies received under subdivision (b)(4) of
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1 this Section shall be deposited into the Clean Air Act Permit
2 Fund.
3 Monies in the Small Business Environmental Assistance Fund
4 may be used, subject to appropriation, only for the purposes
5 authorized by this Section. On July 1, 2025, or as soon
6 thereafter as practical, the State Comptroller shall direct
7 and the State Treasurer shall transfer the remaining balance
8 from the Small Business Environmental Assistance Fund into the
9 Clean Air Act Permit Fund. Upon completion of the transfer,
10 the Small Business Environmental Assistance Fund is dissolved,
11 and any future deposits due to that Fund and any outstanding
12 obligations or liabilities of that Fund shall pass to the
13 Clean Air Act Permit Fund.
14 (e) Subject to appropriation, the Department may use
15 moneys from the Clean Air Act Permit Fund for the purposes
16 authorized by this Section.
17 (Source: P.A. 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.)
18 (20 ILCS 605/605-1075)
19 (Text of Section before amendment by P.A. 104-458)
20 Sec. 605-1075. Energy Transition Assistance Fund.
21 (a) The General Assembly hereby declares that management
22 of several economic development programs requires a
23 consolidated funding source to improve resource efficiency.
24 The General Assembly specifically recognizes that properly
25 serving communities and workers impacted by the energy
HB5181 Enrolled - 17 - LRB104 19228 SPS 32674 b
1 transition requires that the Department of Commerce and
2 Economic Opportunity have access to the resources required for
3 the execution of the programs for workforce and contractor
4 development, just transition investments and community
5 support, and the implementation and administration of energy
6 and justice efforts by the State.
7 (b) The Department shall be responsible for the
8 administration of the Energy Transition Assistance Fund and
9 shall allocate funding on the basis of priorities established
10 in this Section. Each year, the Department shall determine the
11 available amount of resources in the Fund that can be
12 allocated to the programs identified in this Section, and
13 allocate the funding accordingly. The Department shall, to the
14 extent practical, consider both the short-term and long-term
15 costs of the programs and allocate funding so that the
16 Department is able to cover both the short-term and long-term
17 costs of these programs using projected revenue.
18 The available funding for each year shall be allocated
19 from the Fund in the following order of priority:
20 (1) for costs related to the Clean Jobs Workforce
21 Network Program, up to $21,000,000 annually prior to June
22 1, 2023 and $24,333,333 annually thereafter;
23 (2) for costs related to the Clean Energy Contractor
24 Incubator Program, up to $21,000,000 annually;
25 (3) for costs related to the Clean Energy Primes
26 Contractor Accelerator Program, up to $9,000,000 annually;
HB5181 Enrolled - 18 - LRB104 19228 SPS 32674 b
1 (4) for costs related to the Barrier Reduction
2 Program, up to $21,000,000 annually;
3 (5) for costs related to the Jobs and Environmental
4 Justice Grant Program, up to $34,000,000 annually;
5 (6) for costs related to the Returning Residents Clean
6 Jobs Training Program, up to $6,000,000 annually;
7 (7) for costs related to Energy Transition Navigators,
8 up to $6,000,000 annually;
9 (8) for costs related to the Illinois Climate Works
10 Preapprenticeship Program, up to $10,000,000 annually;
11 (9) for costs related to Energy Transition Community
12 Support Grants, up to $40,000,000 annually;
13 (10) for costs related to the Displaced Energy Worker
14 Dependent Scholarship, upon request by the Illinois
15 Student Assistance Commission, up to $1,100,000 annually;
16 (11) up to $10,000,000 annually shall be transferred
17 to the Public Utility Utilities Fund for use by the
18 Illinois Commerce Commission for costs of administering
19 the changes made to the Public Utilities Act by Public Act
20 102-662 this amendatory Act of the 102nd General Assembly;
21 (12) up to $4,000,000 annually shall be transferred to
22 the Illinois Power Agency Operations Fund for use by the
23 Illinois Power Agency; and
24 (13) for costs related to the Clean Energy Jobs and
25 Justice Fund, up to $1,000,000 annually.
26 The Department is authorized to utilize up to 10% of the
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1 Energy Transition Assistance Fund for administrative and
2 operational expenses to implement the requirements of this
3 Act.
4 (c) Within 30 days after the effective date of this
5 amendatory Act of the 102nd General Assembly, each electric
6 utility serving more than 500,000 customers in the State shall
7 report to the Department its total kilowatt-hours of energy
8 delivered during the 12 months ending on the immediately
9 preceding May 31. By October 31, 2021 and each October 31
10 thereafter, each electric utility serving more than 500,000
11 customers in the State shall report to the Department its
12 total kilowatt-hours of energy delivered during the 12 months
13 ending on the immediately preceding May 31.
14 (d) The Department shall, within 60 days after the
15 effective date of this amendatory Act of the 102nd General
16 Assembly:
17 (1) determine the amount necessary, but not more than
18 $180,000,000, to meet the funding needs of the programs
19 reliant upon the Energy Transition Assistance Fund as a
20 revenue source for the period between the effective date
21 of this amendatory Act of the 102nd General Assembly and
22 December 31, 2021;
23 (2) determine, based on the kilowatt-hour deliveries
24 for the 12 months ending May 31, 2021 reported by the
25 electric utilities under subsection (c), the total energy
26 transition assistance charge to be allocated to each
HB5181 Enrolled - 20 - LRB104 19228 SPS 32674 b
1 electric utility for the period between the effective date
2 of this amendatory Act of the 102nd General Assembly and
3 December 31, 2021; and
4 (3) report the total energy transition assistance
5 charge applicable until December 31, 2021 to each electric
6 utility serving more than 500,000 customers in the State
7 and the Illinois Commerce Commission for purposes of
8 filing the tariff pursuant to Section 16-108.30 of the
9 Public Utilities Act.
10 (e) The Department shall by November 30, 2021, and each
11 November 30 thereafter:
12 (1) determine the amount necessary, but not more than
13 $180,000,000, to meet the funding needs of the programs
14 reliant upon the Energy Transition Assistance Fund as a
15 revenue source for the immediately following calendar
16 year;
17 (2) determine, based on the kilowatt-hour deliveries
18 for the 12 months ending on the immediately preceding May
19 31 reported to it by the electric utilities under
20 subsection (c), the total energy transition assistance
21 charge to be allocated to each electric utility for the
22 immediately following calendar year; and
23 (3) report the energy transition assistance charge
24 applicable for the immediately following calendar year to
25 each electric utility serving more than 500,000 customers
26 in the State and the Illinois Commerce Commission for
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1 purposes of filing the tariff pursuant to Section
2 16-108.30 of the Public Utilities Act.
3 (f) The energy transition assistance charge may not exceed
4 $180,000,000 annually. If, at the end of the calendar year,
5 any surplus remains in the Energy Transition Assistance Fund,
6 the Department may allocate the surplus from the fund in the
7 following order of priority:
8 (1) for costs related to the development of the
9 Stretch Energy Codes and other standards at the Capital
10 Development Board, up to $500,000 annually, at the request
11 of the Board;
12 (2) up to $7,000,000 annually shall be transferred to
13 the Energy Efficiency Trust Fund and Clean Air Act Permit
14 Fund for use by the Environmental Protection Agency for
15 costs related to energy efficiency and weatherization, and
16 costs of implementation, administration, and enforcement
17 of the Clean Air Act; and
18 (3) for costs related to State fleet electrification
19 at the Department of Central Management Services, up to
20 $10,000,000 annually, at the request of the Department.
21 (Source: P.A. 102-662, eff. 9-15-21.)
22 (Text of Section after amendment by P.A. 104-458)
23 Sec. 605-1075. Energy Transition Assistance Fund.
24 (a) The General Assembly hereby declares that management
25 of several economic development programs requires a
HB5181 Enrolled - 22 - LRB104 19228 SPS 32674 b
1 consolidated funding source to improve resource efficiency.
2 The General Assembly specifically recognizes that properly
3 serving communities and workers impacted by the energy
4 transition requires that the Department of Commerce and
5 Economic Opportunity have access to the resources required for
6 the execution of the programs for workforce and contractor
7 development, just transition investments and community
8 support, and the implementation and administration of energy
9 and justice efforts by the State.
10 (b) The Department shall be responsible for the
11 administration of the Energy Transition Assistance Fund and
12 shall allocate funding on the basis of priorities established
13 in this Section. Each year, the Department shall determine the
14 available amount of resources in the Fund that can be
15 allocated to the programs identified in this Section, and
16 allocate the funding accordingly. The Department shall, to the
17 extent practical, consider both the short-term and long-term
18 costs of the programs and allocate funding so that the
19 Department is able to cover both the short-term and long-term
20 costs of these programs using projected revenue.
21 The available funding for each year shall be allocated
22 from the Fund in the following order of priority:
23 (1) for costs related to the Clean Jobs Workforce
24 Network Program, up to $21,000,000 annually prior to June
25 1, 2023; $24,333,333 annually from June 1, 2023 to May 30,
26 2026; and $26,500,000 annually thereafter;
HB5181 Enrolled - 23 - LRB104 19228 SPS 32674 b
1 (2) for costs related to the Clean Energy Contractor
2 Incubator Program, up to $21,000,000 annually prior to
3 June 1, 2026 and up to $22,687,403 thereafter;
4 (3) for costs related to the Clean Energy Primes
5 Contractor Accelerator Program, up to $9,000,000 annually;
6 (4) for costs related to the Barrier Reduction
7 Program, up to $21,000,000 annually prior to June 1, 2026
8 and up to $22,143,079 annually thereafter;
9 (5) for costs related to the Jobs and Environmental
10 Justice Grant Program, up to $34,000,000 annually prior to
11 June 1, 2026 and up to $41,000,000 annually thereafter;
12 (6) for costs related to the Returning Residents Clean
13 Jobs Training Program, up to $6,000,000 annually;
14 (7) for costs related to Energy Transition Navigators,
15 up to $6,000,000 annually prior to June 1, 2026 and up to
16 $6,500,000 annually thereafter;
17 (8) for costs related to the Illinois Climate Works
18 Preapprenticeship Program, up to $10,000,000 annually;
19 (9) for costs related to Energy Transition Community
20 Support Grants, up to $40,000,000 annually;
21 (10) for costs related to the Displaced Energy Worker
22 Dependent Scholarship, upon request by the Illinois
23 Student Assistance Commission, up to $1,100,000 annually;
24 (11) up to $10,000,000 annually shall be transferred
25 to the Public Utility Utilities Fund for use by the
26 Illinois Commerce Commission for costs of administering
HB5181 Enrolled - 24 - LRB104 19228 SPS 32674 b
1 the changes made to the Public Utilities Act by Public Act
2 102-662 this amendatory Act of the 102nd General Assembly;
3 (12) up to $4,000,000 annually shall be transferred to
4 the Illinois Power Agency Operations Fund for use by the
5 Illinois Power Agency; and
6 (13) for costs related to the Clean Energy Jobs and
7 Justice Fund, up to $1,000,000 annually.
8 The Department is authorized to utilize up to 10% of the
9 Energy Transition Assistance Fund for administrative and
10 operational expenses to implement the requirements of this
11 Act.
12 (b-5) Beginning January 1, 2028, at the direction of the
13 Department, the State Comptroller shall direct and the State
14 Treasurer shall transfer up to $84,800,000 annually into the
15 Electric Vehicle and Charging Fund from the Energy Transition
16 Assistance Fund for costs related to transportation
17 electrification programs, as described in Section 36 of the
18 Electric Vehicle Rebate Act. The Environmental Protection
19 Agency may use up to 3% of the annual allocation under this
20 subsection (b-5) for administrative and operational expenses.
21 (c) Within 30 days after September 15, 2021 (the effective
22 date of Public Act 102-662) this amendatory Act of the 102nd
23 General Assembly, each electric utility serving more than
24 500,000 customers in the State shall report to the Department
25 its total kilowatt-hours of energy delivered during the 12
26 months ending on the immediately preceding May 31. By October
HB5181 Enrolled - 25 - LRB104 19228 SPS 32674 b
1 31, 2021 and each October 31 thereafter, each electric utility
2 serving more than 500,000 customers in the State shall report
3 to the Department its total kilowatt-hours of energy delivered
4 during the 12 months ending on the immediately preceding May
5 31.
6 (d) The Department shall, within 60 days after September
7 15, 2021 (the effective date of Public Act 102-662) this
8 amendatory Act of the 102nd General Assembly:
9 (1) determine the amount necessary, but not more than
10 $180,000,000, to meet the funding needs of the programs
11 reliant upon the Energy Transition Assistance Fund as a
12 revenue source for the period between September 15, 2021
13 (the effective date of Public Act 102-662) this amendatory
14 Act of the 102nd General Assembly and December 31, 2021;
15 (2) determine, based on the kilowatt-hour deliveries
16 for the 12 months ending May 31, 2021 reported by the
17 electric utilities under subsection (c), the total energy
18 transition assistance charge to be allocated to each
19 electric utility for the period between September 15, 2021
20 (the effective date of Public Act 102-662) this amendatory
21 Act of the 102nd General Assembly and December 31, 2021;
22 and
23 (3) report the total energy transition assistance
24 charge applicable until December 31, 2021 to each electric
25 utility serving more than 500,000 customers in the State
26 and the Illinois Commerce Commission for purposes of
HB5181 Enrolled - 26 - LRB104 19228 SPS 32674 b
1 filing the tariff pursuant to Section 16-108.30 of the
2 Public Utilities Act.
3 (d-5) Notwithstanding subsection (d), the Department
4 shall, within 60 days after June 1, 2026 (the effective date of
5 Public Act 104-458) this amendatory Act of the 104th General
6 Assembly, determine the amount necessary, but not more than
7 $192,000,000, to meet the funding needs of the programs
8 reliant upon the Energy Transition Assistance Fund as a
9 revenue source.
10 (e) The Department shall by November 30, 2021, and each
11 November 30 thereafter:
12 (1) determine the amount necessary, but not more than
13 $180,000,000 before June 1, 2026 (the effective date of
14 Public Act 104-458) this amendatory Act of the 104th
15 General Assembly and not more than $192,000,000, plus the
16 amount needed to fund the programs described in subsection
17 (b-5), after June 1, 2026 (the effective date of Public
18 Act 104-458) this amendatory Act of the 104th General
19 Assembly, to meet the funding needs of the programs
20 reliant upon the Energy Transition Assistance Fund as a
21 revenue source for the immediately following calendar
22 year;
23 (2) determine, based on the kilowatt-hour deliveries
24 for the 12 months ending on the immediately preceding May
25 31 reported to it by the electric utilities under
26 subsection (c), the total energy transition assistance
HB5181 Enrolled - 27 - LRB104 19228 SPS 32674 b
1 charge to be allocated to each electric utility for the
2 immediately following calendar year; and
3 (3) report the energy transition assistance charge
4 applicable for the immediately following calendar year to
5 each electric utility serving more than 500,000 customers
6 in the State and the Illinois Commerce Commission for
7 purposes of filing the tariff pursuant to Section
8 16-108.30 of the Public Utilities Act.
9 (f) The energy transition assistance charge may not exceed
10 $192,000,000 plus the amount needed to fund the programs
11 described in subsection (b-5) annually. If, at the end of the
12 calendar year, any surplus remains in the Energy Transition
13 Assistance Fund, the Department may allocate the surplus from
14 the fund in the following order of priority:
15 (1) for costs related to the development of the
16 Stretch Energy Codes and other standards at the Capital
17 Development Board, up to $500,000 annually, at the request
18 of the Board;
19 (2) up to $7,000,000 annually shall be transferred to
20 the Energy Efficiency Trust Fund and Clean Air Act Permit
21 Fund for use by the Environmental Protection Agency for
22 costs related to energy efficiency and weatherization, and
23 costs of implementation, administration, and enforcement
24 of the Clean Air Act; and
25 (3) for costs related to State fleet electrification
26 at the Department of Central Management Services, up to
HB5181 Enrolled - 28 - LRB104 19228 SPS 32674 b
1 $10,000,000 annually, at the request of the Department.
2 (Source: P.A. 104-458, eff. 6-1-26.)
3 Section 5-25. The Energy Conservation and Coal Development
4 Act is amended by changing Section 11 as follows:
5 (20 ILCS 1105/11) (from Ch. 96 1/2, par. 7411)
6 Sec. 11. Deposit of Illinois Industrial Coal Utilization
7 moneys. The Department is authorized to accept any and all
8 grants, repayments of interest and principal on Industrial
9 Coal Utilization loans, matching funds, reimbursements,
10 appropriations, income derived from investments, or other
11 things of value from the federal or state governments or from
12 any institution, person, partnership, joint venture, or
13 corporation, public or private, received under the Illinois
14 Industrial Coal Utilization Program for deposit into the
15 General Revenue Fund in the State treasury. Any moneys
16 collected as a result of foreclosures of loans or other
17 financing agreements, or the violation of any of their terms,
18 under this program shall also be deposited into the General
19 Revenue Fund. On or as soon as practicable after July 1, 1991,
20 the State Comptroller and the State Treasurer shall transfer
21 the balance of moneys in the Illinois Industrial Coal
22 Utilization Fund to the General Revenue Fund.
23 (Source: P.A. 87-14.)
HB5181 Enrolled - 29 - LRB104 19228 SPS 32674 b
1 (20 ILCS 3501/825-95 rep.)
2 (20 ILCS 3501/825-100 rep.)
3 Section 5-30. The Illinois Finance Authority Act is
4 amended by repealing Sections 825-95 and 825-100.
5 Section 5-35. The Illinois Criminal Justice Information
6 Act is amended by changing Section 9.3 as follows:
7 (20 ILCS 3930/9.3)
8 Sec. 9.3. The Prescription Pill and Drug Disposal Fund.
9 The Prescription Pill and Drug Disposal Fund is created as a
10 special fund in the State treasury. Moneys in the Fund shall be
11 used for grants by the Illinois Criminal Justice Information
12 Authority may use the Criminal Justice Information Projects
13 Fund for grants to local law enforcement agencies for the
14 purpose of facilitating the collection, transportation, and
15 incineration of pharmaceuticals from residential sources that
16 are collected and transported by law enforcement agencies
17 under Section 17.9A of the Environmental Protection Act; to
18 municipalities or organizations that establish containers
19 designated for the collection and disposal of unused
20 controlled substances and conduct collection of unused
21 controlled substances through mail-back programs; and for the
22 publication or advertising of collection events or mail-back
23 programs conducted by municipalities or organizations. Before
24 awarding a grant under this Section from this Fund but no later
HB5181 Enrolled - 30 - LRB104 19228 SPS 32674 b
1 than July 1, 2016, the Authority shall adopt rules that (i)
2 specify the conditions under which grants will be awarded
3 under this Section from this Fund and (ii) otherwise provide
4 for the implementation and administration of the grant program
5 created by this Section. Interest attributable to moneys in
6 the Fund shall be paid into the Fund.
7 On July 1, 2025, or as soon thereafter as practical, the
8 State Comptroller shall direct and the State Treasurer shall
9 transfer the remaining balance from the Prescription Pill and
10 Drug Disposal Fund into the Criminal Justice Information
11 Projects Fund. Upon completion of the transfer, the
12 Prescription Pill and Drug Disposal Fund is dissolved, and any
13 future deposits due to that Fund and any outstanding
14 obligations or liabilities of that Fund shall pass to the
15 Criminal Justice Information Projects Fund.
16 (Source: P.A. 104-2, eff. 6-16-25.)
17 Section 5-40. The Balanced Budget Note Act is amended by
18 changing Section 5 as follows:
19 (25 ILCS 80/5) (from Ch. 63, par. 42.93-5)
20 Sec. 5. Supplemental appropriation bill defined. For
21 purposes of this Act, "supplemental appropriation bill" means
22 any appropriation bill that (a) is (a) introduced or amended
23 (including any changes to legislation by means of the
24 submission of a conference committee report) on or after July
HB5181 Enrolled - 31 - LRB104 19228 SPS 32674 b
1 1 of a fiscal year and (b) proposes (as introduced or as
2 amended as the case may be) to authorize, increase, decrease,
3 or reallocate any general funds appropriation for that same
4 fiscal year. For the purposes of this definition, "general
5 funds" has the meaning set forth in Section 50-40 of the State
6 Budget Law of the Civil Administrative Code of Illinois. The
7 general funds consist of the General Revenue Fund, the Common
8 School Fund, the General Revenue Common School Special Account
9 Fund, the Education Assistance Fund, the Fund for the
10 Advancement of Education, the Commitment to Human Services
11 Fund, and the Budget Stabilization Fund.
12 (Source: P.A. 100-587, eff. 6-4-18; revised 6-24-25.)
13 Section 5-45. The State Finance Act is amended by changing
14 Sections 5.908 and 5.921 as follows:
15 (30 ILCS 105/5.908)
16 Sec. 5.908. The Guide Dogs of America Fund. This Section
17 is repealed on January 1, 2027.
18 (Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.)
19 (30 ILCS 105/5.921)
20 Sec. 5.921. The Mechanics Training Fund. This Section is
21 repealed on January 1, 2027.
22 (Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.)
HB5181 Enrolled - 32 - LRB104 19228 SPS 32674 b
1 (30 ILCS 105/5.693 rep.)
2 (30 ILCS 105/5.741 rep.)
3 (30 ILCS 105/5.817 rep.)
4 Section 5-50. The State Finance Act is amended by
5 repealing Sections 5.693, 5.741, and 5.817.
6 (35 ILCS 5/201.5 rep.)
7 Section 5-55. The Illinois Income Tax Act is amended by
8 repealing Section 201.5.
9 Section 5-60. The Illinois Pesticide Act is amended by
10 changing Section 22.2 as follows:
11 (415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
12 Sec. 22.2. (a) There is hereby created a trust fund in the
13 State Treasury to be known as the Agrichemical Incident
14 Response Trust Fund. Any funds received by the Director of
15 Agriculture from the mandates of Section 13.1 shall be
16 deposited with the Treasurer as ex officio custodian and held
17 separate and apart from any public money of this State, with
18 accruing interest on the trust funds deposited into the trust
19 fund. Disbursement from the fund for purposes as set forth in
20 this Section shall be by voucher ordered by the Director and
21 paid by a warrant drawn by the State Comptroller and
22 countersigned by the State Treasurer. The Director shall order
23 disbursements from the Agrichemical Incident Response Trust
HB5181 Enrolled - 33 - LRB104 19228 SPS 32674 b
1 Fund only for payment of the expenses authorized by this Act.
2 Monies in this trust fund shall not be subject to
3 appropriation by the General Assembly but shall be subject to
4 audit by the Auditor General. Should the program be
5 terminated, all unobligated funds in the trust fund shall be
6 transferred to a trust fund to be used for purposes as
7 originally intended or be transferred to the Pesticide Control
8 Fund. Interest earned on the Fund shall be deposited into the
9 Fund. Monies in the Pesticide Control Fund may be used by the
10 Department of Agriculture for the following purposes:
11 (1) for payment of costs of response action incurred
12 by owners or operators of agrichemical facilities as
13 provided in Section 22.3 of this Act;
14 (2) for the Department to take emergency action in
15 response to a release of agricultural pesticides from an
16 agrichemical facility that has created an imminent threat
17 to public health or the environment;
18 (3) for the costs of administering its activities
19 relative to the Fund as delineated in subsections (b) and
20 (c) of this Section; and
21 (4) for the Department to:
22 (A) (blank); and
23 (B) administer the Agrichemical Facility Response
24 Action Program.
25 The total annual expenditures from the Fund for these
26 purposes under this paragraph (4) shall not be more than
HB5181 Enrolled - 34 - LRB104 19228 SPS 32674 b
1 $120,000, and no expenditure from the Fund for these
2 purposes shall be made when the Fund balance becomes less
3 than $750,000.
4 (b) The action undertaken shall be such as may be
5 necessary or appropriate to protect human health or the
6 environment.
7 (c) The Director of Agriculture is authorized to enter
8 into contracts and agreements as may be necessary to carry out
9 the Department's duties under this Section.
10 (d) Neither the State, the Director, nor any State
11 employee shall be liable for any damages or injury arising out
12 of or resulting from any action taken under this Section.
13 (e) (Blank).
14 (f) (Blank). On July 1, 2025, or as soon thereafter as
15 practical, the State Comptroller shall direct and the State
16 Treasurer shall transfer the remaining balance from the
17 Agrichemical Incident Response Trust Fund into the Pesticide
18 Control Fund. Upon completion of the transfer, the
19 Agrichemical Incident Response Trust Fund is dissolved, and
20 any future deposits due to that Fund and any outstanding
21 obligations or liabilities of that Fund shall pass to the
22 Pesticide Control Fund.
23 (Source: P.A. 104-2, eff. 6-16-25.)
24 Section 5-65. The Illinois Low-Level Radioactive Waste
25 Management Act is amended by changing Section 14 as follows:
HB5181 Enrolled - 35 - LRB104 19228 SPS 32674 b
1 (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
2 (Text of Section before amendment by P.A. 104-458)
3 Sec. 14. Waste management funds.
4 (a) There is hereby created in the State Treasury a
5 special fund to be known as the Low-Level Radioactive Waste
6 Facility Development and Operation Fund. All monies within the
7 Low-Level Radioactive Waste Facility Development and Operation
8 Fund shall be invested by the State Treasurer in accordance
9 with established investment practices. Interest earned by such
10 investment shall be returned to the Low-Level Radioactive
11 Waste Facility Development and Operation Fund. The Agency
12 shall deposit all receipts from the fees required under
13 subsections (a) and (b) of Section 13 in the State Treasury to
14 the credit of this Fund. Subject to appropriation, the Agency
15 is authorized to expend all moneys in the Fund in amounts it
16 deems necessary for:
17 (1) hiring personnel and any other operating and
18 contingent expenses necessary for the proper
19 administration of this Act;
20 (2) contracting with any firm for the purpose of
21 carrying out the purposes of this Act;
22 (3) grants to the Central Midwest Interstate Low-Level
23 Radioactive Waste Commission;
24 (4) hiring personnel, contracting with any person, and
25 meeting any other expenses incurred by the Agency in
HB5181 Enrolled - 36 - LRB104 19228 SPS 32674 b
1 fulfilling its responsibilities under the Radioactive
2 Waste Compact Enforcement Act;
3 (5) activities under Sections 10, 10.2 and 10.3;
4 (6) payment of fees in lieu of taxes to a local
5 government having within its boundaries a regional
6 disposal facility;
7 (7) payment of grants to counties or municipalities
8 under Section 12.1; and
9 (8) fulfillment of obligations under a community
10 agreement under Section 12.1.
11 In spending monies pursuant to such appropriations, the
12 Agency shall to the extent practicable avoid duplicating
13 expenditures made by any firm pursuant to a contract awarded
14 under this Section.
15 (b) There is hereby created in the State Treasury a
16 special fund to be known as the Low-Level Radioactive Waste
17 Facility Closure, Post-Closure Care and Compensation Fund. All
18 monies within the Low-Level Radioactive Waste Facility
19 Closure, Post-Closure Care and Compensation Fund shall be
20 invested by the State Treasurer in accordance with established
21 investment practices. Interest earned by such investment shall
22 be returned to the Low-Level Radioactive Waste Facility
23 Closure, Post-Closure Care and Compensation Fund. All deposits
24 into this Fund shall be held by the State Treasurer separate
25 and apart from all public money or funds of this State. Subject
26 to appropriation, the Agency is authorized to expend any
HB5181 Enrolled - 37 - LRB104 19228 SPS 32674 b
1 moneys in this Fund in amounts it deems necessary for:
2 (1) decommissioning and other procedures required for
3 the proper closure of the regional disposal facility;
4 (2) monitoring, inspecting, and other procedures
5 required for the proper closure, decommissioning, and
6 post-closure care of the regional disposal facility;
7 (3) taking any remedial actions necessary to protect
8 human health and the environment from releases or
9 threatened releases of wastes from the regional disposal
10 facility;
11 (4) the purchase of facility and third-party liability
12 insurance necessary during the institutional control
13 period of the regional disposal facility;
14 (5) mitigating the impacts of the suspension or
15 interruption of the acceptance of waste for disposal;
16 (6) compensating any person suffering any damages or
17 losses to a person or property caused by a release from the
18 regional disposal facility as provided for in Section 15;
19 and
20 (7) fulfillment of obligations under a community
21 agreement under Section 12.1.
22 On or before March 1 of each year through March 1, 2025,
23 the Agency shall deliver to the Governor, the President and
24 Minority Leader of the Senate, the Speaker and Minority Leader
25 of the House, and each of the generators that have contributed
26 during the preceding State fiscal year to the Fund a financial
HB5181 Enrolled - 38 - LRB104 19228 SPS 32674 b
1 statement, certified and verified by the Director, which
2 details all receipts and expenditures from the Fund during the
3 preceding State fiscal year. The financial statements shall
4 identify all sources of income to the Fund and all recipients
5 of expenditures from the Fund, shall specify the amounts of
6 all the income and expenditures, and shall indicate the
7 amounts of all the income and expenditures, and shall indicate
8 the purpose for all expenditures.
9 On July 1, 2025, or as soon thereafter as practical, the
10 State Comptroller shall direct and the State Treasurer shall
11 transfer the remaining balance from the Low-Level Radioactive
12 Waste Facility Closure, Post-Closure Care and Compensation
13 Fund into the Low-Level Radioactive Waste Facility Development
14 and Operation Fund. Upon completion of the transfer, the
15 Low-Level Radioactive Waste Facility Closure, Post-Closure
16 Care and Compensation Fund is dissolved, and any future
17 deposits due to that Fund and any outstanding obligations or
18 liabilities of that Fund shall pass to the Low-Level
19 Radioactive Waste Facility Development and Operation Fund.
20 (c) (Blank).
21 (d) The Agency may accept for any of its purposes and
22 functions any donations, grants of money, equipment, supplies,
23 materials, and services from any state or the United States,
24 or from any institution, person, firm or corporation. Any
25 donation or grant of money shall be deposited into the
26 Low-Level Radioactive Waste Facility Development and Operation
HB5181 Enrolled - 39 - LRB104 19228 SPS 32674 b
1 Fund.
2 (Source: P.A. 104-2, eff. 6-16-25.)
3 (Text of Section after amendment by P.A. 104-458)
4 Sec. 14. Waste management funds.
5 (a) There is hereby created in the State Treasury a
6 special fund to be known as the Low-Level Radioactive Waste
7 Facility Operation Fund. All monies within the Low-Level
8 Radioactive Waste Facility Operation Fund shall be invested by
9 the State Treasurer in accordance with established investment
10 practices. Interest earned by such investment shall be
11 returned to the Low-Level Radioactive Waste Facility Operation
12 Fund. The Agency shall deposit all receipts from the fees
13 required under Section 13 in the State Treasury to the credit
14 of this Fund. Subject to appropriation, the Agency is
15 authorized to expend all moneys in the Fund in amounts it deems
16 necessary for:
17 (1) hiring personnel and any other operating and
18 contingent expenses necessary for the proper
19 administration of this Act;
20 (2) contracting with any firm for the purpose of
21 carrying out the purposes of this Act;
22 (3) grants to the Central Midwest Interstate Low-Level
23 Radioactive Waste Commission;
24 (4) hiring personnel, contracting with any person, and
25 meeting any other expenses incurred by the Agency in
HB5181 Enrolled - 40 - LRB104 19228 SPS 32674 b
1 fulfilling its responsibilities under the Radioactive
2 Waste Compact Enforcement Act;
3 (5) activities under Sections 10, 10.2 and 10.3;
4 (6) payment of fees in lieu of taxes to a local
5 government having within its boundaries a regional
6 disposal facility;
7 (7) payment of grants to counties or municipalities
8 under Section 12.1;
9 (8) fulfillment of obligations under a community
10 agreement under Section 12.1;
11 (9) decommissioning and other procedures required for
12 the proper closure of a regional disposal facility;
13 (10) monitoring, inspecting, and other procedures
14 required for the proper closure, decommissioning, and
15 post-closure care of a regional disposal facility;
16 (11) taking any remedial actions necessary to protect
17 human health and the environment from releases or
18 threatened releases of wastes from a regional disposal
19 facility;
20 (12) the purchase of facility and third-party
21 liability insurance necessary during the institutional
22 control period of a regional disposal facility;
23 (13) mitigating the impacts of the suspension or
24 interruption of the acceptance of waste for disposal; and
25 (14) compensating any person suffering any damages or
26 losses to a person or property caused by a release from the
HB5181 Enrolled - 41 - LRB104 19228 SPS 32674 b
1 regional disposal facility as provided for in Section 15.
2 In spending monies pursuant to such appropriations, the
3 Agency shall to the extent practicable avoid duplicating
4 expenditures made by any firm pursuant to a contract awarded
5 under this Section.
6 (b) (Blank). There is hereby created in the State Treasury
7 a special fund to be known as the Low-Level Radioactive Waste
8 Facility Closure, Post-Closure Care and Compensation Fund. All
9 monies within the Low-Level Radioactive Waste Facility
10 Closure, Post-Closure Care and Compensation Fund shall be
11 invested by the State Treasurer in accordance with established
12 investment practices. Interest earned by such investment shall
13 be returned to the Low-Level Radioactive Waste Facility
14 Closure, Post-Closure Care and Compensation Fund. All deposits
15 into this Fund shall be held by the State Treasurer separate
16 and apart from all public money or funds of this State.
17 On or before March 1 of each year through March 1, 2025,
18 the Agency shall deliver to the Governor, the President and
19 Minority Leader of the Senate, the Speaker and Minority Leader
20 of the House, and each of the generators that have contributed
21 during the preceding State fiscal year to the Fund a financial
22 statement, certified and verified by the Director, which
23 details all receipts and expenditures from the Fund during the
24 preceding State fiscal year. The financial statements shall
25 identify all sources of income to the Fund and all recipients
26 of expenditures from the Fund, shall specify the amounts of
HB5181 Enrolled - 42 - LRB104 19228 SPS 32674 b
1 all the income and expenditures, and shall indicate the
2 amounts of all the income and expenditures, and shall indicate
3 the purpose for all expenditures.
4 On July 1, 2025, or as soon thereafter as practical, the
5 State Comptroller shall direct and the State Treasurer shall
6 transfer the remaining balance from the Low-Level Radioactive
7 Waste Facility Closure, Post-Closure Care and Compensation
8 Fund into the Low-Level Radioactive Waste Facility Operation
9 Fund. Upon completion of the transfer, the Low-Level
10 Radioactive Waste Facility Closure, Post-Closure Care and
11 Compensation Fund is dissolved, and any future deposits due to
12 that Fund and any outstanding obligations or liabilities of
13 that Fund shall pass to the Low-Level Radioactive Waste
14 Facility Operation Fund.
15 (c) (Blank).
16 (d) The Agency may accept for any of its purposes and
17 functions any donations, grants of money, equipment, supplies,
18 materials, and services from any state or the United States,
19 or from any institution, person, firm or corporation. Any
20 donation or grant of money shall be deposited into the
21 Low-Level Radioactive Waste Facility Operation Fund.
22 (Source: P.A. 104-2, eff. 6-16-25; 104-458, eff. 6-1-26.)
23 Section 5-70. The Habitat Endowment Act is amended by
24 changing Section 15 as follows:
HB5181 Enrolled - 43 - LRB104 19228 SPS 32674 b
1 (520 ILCS 25/15)
2 Sec. 15. The Illinois Habitat Fund and the Illinois
3 Habitat Endowment Trust Fund.
4 (a) There is established in the State treasury a special
5 fund entitled the Illinois Habitat Fund. The moneys in this
6 fund shall be used, subject to appropriation, exclusively by
7 the Department for the preservation and maintenance of high
8 quality habitat lands. The Illinois Habitat Fund shall be
9 financed through deposits of fees from the sale of State
10 Habitat Stamps and artwork as provided for in the Wildlife
11 Code, and revenue derived from the sale of Sportsmen Series
12 license plates. The Department may accept, from all sources,
13 contributions, grants, gifts, bequests, legacies of money, and
14 securities to be deposited into the Illinois Habitat Fund. All
15 interest earned from moneys in the Illinois Habitat Fund shall
16 be deposited into the Illinois Habitat Fund.
17 (b) (Blank). The Illinois Habitat Endowment Trust Fund is
18 created as a trust fund in the State treasury. The Trust Fund
19 shall be financed by a combination of private donations and
20 transfers or deposits from the Park and Conservation Fund or
21 any other fund authorized by law. The Department may accept,
22 from all sources, contributions, grants, gifts, bequests,
23 legacies of money, and securities to be deposited into the
24 Trust Fund. All deposits shall become part of the Trust Fund
25 corpus. Moneys in the Trust Fund are not subject to
26 appropriation and shall be used solely to provide financing to
HB5181 Enrolled - 44 - LRB104 19228 SPS 32674 b
1 the Illinois Habitat Fund. All gifts, grants, assets, funds,
2 or moneys received by the Department under this Act shall be
3 deposited and held by the State Treasurer as ex officio
4 custodian thereof, separate and apart from all public moneys
5 or funds of this State in a trust fund established in
6 accordance with State law, and shall be administered by the
7 Director exclusively for the purposes set forth in this Act.
8 All moneys in the Trust Fund are to be invested and reinvested
9 by the State Treasurer. All interest accruing from these
10 investments shall be deposited into the Trust Fund.
11 Notwithstanding any other provision of law, in addition to any
12 other transfers that may be provided by law, on July 1, 2025,
13 or as soon thereafter as practical, the State Comptroller
14 shall direct and the State Treasurer shall transfer the
15 remaining balance from the Illinois Habitat Endowment Trust
16 Fund into the Illinois Habitat Fund. Upon completion of the
17 transfer, the Illinois Habitat Endowment Trust Fund is
18 dissolved, and any future deposits due to that Fund and any
19 outstanding obligations or liabilities of that Fund pass to
20 the Illinois Habitat Fund.
21 (Source: P.A. 104-2, eff. 6-16-25.)
22 Section 5-75. The Illinois Vehicle Code is amended by
23 changing Sections 3-658, 3-699.14, and 11-501.01 as follows:
24 (625 ILCS 5/3-658)
HB5181 Enrolled - 45 - LRB104 19228 SPS 32674 b
1 Sec. 3-658. Professional Sports Teams license plates.
2 (a) The Secretary, upon receipt of an application made in
3 the form prescribed by the Secretary, may issue special
4 registration plates designated as Professional Sports Teams
5 license plates. The special plates issued under this Section
6 shall be affixed only to passenger vehicles of the first
7 division, motorcycles, and motor vehicles of the second
8 division weighing not more than 8,000 pounds. Plates issued
9 under this Section shall expire according to the multi-year
10 procedure established by Section 3-414.1 of this Code.
11 (b) The design and color of the plates is wholly within the
12 discretion of the Secretary, except that the plates shall,
13 subject to the permission of the applicable team owner,
14 display the logo of the Chicago Bears, the Chicago Bulls, the
15 Chicago Blackhawks, the Chicago Cubs, the Chicago White Sox,
16 the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or
17 the St. Louis Cardinals, at the applicant's option. The
18 Secretary may allow the plates to be issued as vanity or
19 personalized plates under Section 3-405.1 of the Code. The
20 Secretary shall prescribe stickers or decals as provided under
21 Section 3-412 of this Code.
22 (c) An applicant for the special plate shall be charged a
23 $40 fee for original issuance in addition to the appropriate
24 registration fee. Of Until July 1, 2023, of this fee, $25 shall
25 be deposited into the Professional Sports Teams Education Fund
26 and $15 shall be deposited into the Secretary of State Special
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1 License Plate Fund, to be used by the Secretary to help defray
2 the administrative processing costs. Beginning July 1, 2023,
3 of this fee, $25 shall be deposited into the Common School Fund
4 and $15 shall be deposited into the Secretary of State Special
5 License Plate Fund, to be used by the Secretary to help defray
6 the administrative processing costs.
7 For each registration renewal period, a $27 fee, in
8 addition to the appropriate registration fee, shall be
9 charged. Of Until July 1, 2023, of this fee, $25 shall be
10 deposited into the Professional Sports Teams Education Fund
11 and $2 shall be deposited into the Secretary of State Special
12 License Plate Fund. Beginning July 1, 2023, of this fee, $25
13 shall be deposited into the Common School Fund and $2 shall be
14 deposited into the Secretary of State Special License Plate
15 Fund.
16 (d) (Blank). The Professional Sports Teams Education Fund
17 is created as a special fund in the State treasury. Until July
18 1, 2023, the Comptroller shall order transferred and the
19 Treasurer shall transfer all moneys in the Professional Sports
20 Teams Education Fund to the Common School Fund every 6 months.
21 (e) (Blank). On July 1, 2023, or as soon thereafter as
22 practical, the State Comptroller shall direct and the State
23 Treasurer shall transfer the remaining balance from the
24 Professional Sports Teams Education Fund into the Common
25 School Fund. Upon completion of the transfer, the Professional
26 Sports Teams Education Fund is dissolved, and any future
HB5181 Enrolled - 47 - LRB104 19228 SPS 32674 b
1 deposits due to that Fund and any outstanding obligations or
2 liabilities of that Fund shall pass to the Common School Fund.
3 (Source: P.A. 102-1099, eff. 1-1-23; 103-8, eff. 6-7-23.)
4 (625 ILCS 5/3-699.14)
5 Sec. 3-699.14. Universal special license plates.
6 (a) In addition to any other special license plate, the
7 Secretary, upon receipt of all applicable fees and
8 applications made in the form prescribed by the Secretary, may
9 issue Universal special license plates to residents of
10 Illinois on behalf of organizations that have been authorized
11 by the General Assembly to issue decals for Universal special
12 license plates. Appropriate documentation, as determined by
13 the Secretary, shall accompany each application. Authorized
14 organizations shall be designated by amendment to this
15 Section. When applying for a Universal special license plate
16 the applicant shall inform the Secretary of the name of the
17 authorized organization from which the applicant will obtain a
18 decal to place on the plate. The Secretary shall make a record
19 of that organization and that organization shall remain
20 affiliated with that plate until the plate is surrendered,
21 revoked, or otherwise canceled. The authorized organization
22 may charge a fee to offset the cost of producing and
23 distributing the decal, but that fee shall be retained by the
24 authorized organization and shall be separate and distinct
25 from any registration fees charged by the Secretary. No decal,
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1 sticker, or other material may be affixed to a Universal
2 special license plate other than a decal authorized by the
3 General Assembly in this Section or a registration renewal
4 sticker. The special plates issued under this Section shall be
5 affixed only to passenger vehicles of the first division,
6 including motorcycles and autocycles, or motor vehicles of the
7 second division weighing not more than 8,000 pounds. Plates
8 issued under this Section shall expire according to the
9 multi-year procedure under Section 3-414.1 of this Code.
10 (b) The design, color, and format of the Universal special
11 license plate shall be wholly within the discretion of the
12 Secretary. Universal special license plates are not required
13 to designate "Land of Lincoln", as prescribed in subsection
14 (b) of Section 3-412 of this Code. The design shall allow for
15 the application of a decal to the plate. Organizations
16 authorized by the General Assembly to issue decals for
17 Universal special license plates shall comply with rules
18 adopted by the Secretary governing the requirements for and
19 approval of Universal special license plate decals. The
20 Secretary may, in his or her discretion, allow Universal
21 special license plates to be issued as vanity or personalized
22 plates in accordance with Section 3-405.1 of this Code. The
23 Secretary of State must make a version of the special
24 registration plates authorized under this Section in a form
25 appropriate for motorcycles and autocycles.
26 (c) When authorizing a Universal special license plate,
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1 the General Assembly shall set forth whether an additional fee
2 is to be charged for the plate and, if a fee is to be charged,
3 the amount of the fee and how the fee is to be distributed.
4 When necessary, the authorizing language shall create a
5 special fund in the State treasury into which fees may be
6 deposited for an authorized Universal special license plate.
7 Additional fees may only be charged if the fee is to be paid
8 over to a State agency or to a charitable entity that is in
9 compliance with the registration and reporting requirements of
10 the Charitable Trust Act and the Solicitation for Charity Act.
11 Any charitable entity receiving fees for the sale of Universal
12 special license plates shall annually provide the Secretary of
13 State a letter of compliance issued by the Attorney General
14 verifying that the entity is in compliance with the Charitable
15 Trust Act and the Solicitation for Charity Act.
16 (d) Upon original issuance and for each registration
17 renewal period, in addition to the appropriate registration
18 fee, if applicable, the Secretary shall collect any additional
19 fees, if required, for issuance of Universal special license
20 plates. The fees shall be collected on behalf of the
21 organization designated by the applicant when applying for the
22 plate. All fees collected shall be transferred to the State
23 agency on whose behalf the fees were collected, or paid into
24 the special fund designated in the law authorizing the
25 organization to issue decals for Universal special license
26 plates. All money in the designated fund shall be distributed
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1 by the Secretary subject to appropriation by the General
2 Assembly.
3 (e) The following organizations may issue decals for
4 Universal special license plates with the original and renewal
5 fees and fee distribution as follows:
6 (1) The Illinois Department of Natural Resources.
7 (A) Original issuance: $25; with $10 to the
8 Roadside Monarch Habitat Fund and $15 to the Secretary
9 of State Special License Plate Fund.
10 (B) Renewal: $25; with $23 to the Roadside Monarch
11 Habitat Fund and $2 to the Secretary of State Special
12 License Plate Fund.
13 (2) Illinois Veterans' Homes.
14 (A) Original issuance: $26, which shall be
15 deposited into the Illinois Veterans' Homes Fund.
16 (B) Renewal: $26, which shall be deposited into
17 the Illinois Veterans' Homes Fund.
18 (3) The Illinois Department of Human Services for
19 volunteerism decals.
20 (A) Original issuance: $25, which shall be
21 deposited into the Secretary of State Special License
22 Plate Fund.
23 (B) Renewal: $25, which shall be deposited into
24 the Secretary of State Special License Plate Fund.
25 (4) (Blank).
26 (5) (Blank).
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1 (6) K9s for Veterans, NFP.
2 (A) Original issuance: $25; with $10 to the
3 Post-Traumatic Stress Disorder Awareness Fund and $15
4 to the Secretary of State Special License Plate Fund.
5 (B) Renewal: $25; with $23 to the Post-Traumatic
6 Stress Disorder Awareness Fund and $2 to the Secretary
7 of State Special License Plate Fund.
8 (7) (Blank). The International Association of
9 Machinists and Aerospace Workers.
10 (A) Original issuance: $35; with $20 to the Guide
11 Dogs of America Fund and $15 to the Secretary of State
12 Special License Plate Fund.
13 (B) Renewal: $25; with $23 going to the Guide Dogs
14 of America Fund and $2 to the Secretary of State
15 Special License Plate Fund.
16 (8) (Blank). Local Lodge 701 of the International
17 Association of Machinists and Aerospace Workers.
18 (A) Original issuance: $35; with $10 to the Guide
19 Dogs of America Fund, $10 to the Mechanics Training
20 Fund, and $15 to the Secretary of State Special
21 License Plate Fund.
22 (B) Renewal: $30; with $13 to the Guide Dogs of
23 America Fund, $15 to the Mechanics Training Fund, and
24 $2 to the Secretary of State Special License Plate
25 Fund.
26 (9) (Blank).
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1 (10) (Blank).
2 (11) The Illinois Department of Human Services for
3 pediatric cancer awareness decals.
4 (A) Original issuance: $25; with $10 to the
5 Pediatric Cancer Awareness Fund and $15 to the
6 Secretary of State Special License Plate Fund.
7 (B) Renewal: $25; with $23 to the Pediatric Cancer
8 Awareness Fund and $2 to the Secretary of State
9 Special License Plate Fund.
10 (12) The Department of Veterans Affairs for Fold of
11 Honor decals.
12 (A) Original issuance: $25; with $10 to the Folds
13 of Honor Foundation Fund and $15 to the Secretary of
14 State Special License Plate Fund.
15 (B) Renewal: $25; with $23 to the Folds of Honor
16 Foundation Fund and $2 to the Secretary of State
17 Special License Plate Fund.
18 (13) The Illinois chapters of the Experimental
19 Aircraft Association for aviation enthusiast decals.
20 (A) Original issuance: $25; with $10 to the
21 Experimental Aircraft Association Fund and $15 to the
22 Secretary of State Special License Plate Fund.
23 (B) Renewal: $25; with $23 to the Experimental
24 Aircraft Association Fund and $2 to the Secretary of
25 State Special License Plate Fund.
26 (14) The Illinois Department of Human Services for
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1 Child Abuse Council of the Quad Cities decals.
2 (A) Original issuance: $25; with $10 to the Child
3 Abuse Council of the Quad Cities Fund and $15 to the
4 Secretary of State Special License Plate Fund.
5 (B) Renewal: $25; with $23 to the Child Abuse
6 Council of the Quad Cities Fund and $2 to the Secretary
7 of State Special License Plate Fund.
8 (15) The Illinois Department of Public Health for
9 health care worker decals.
10 (A) Original issuance: $25; with $10 to the
11 Illinois Health Care Workers Benefit Fund, and $15 to
12 the Secretary of State Special License Plate Fund.
13 (B) Renewal: $25; with $23 to the Illinois Health
14 Care Workers Benefit Fund and $2 to the Secretary of
15 State Special License Plate Fund.
16 (16) The Department of Agriculture for Future Farmers
17 of America decals.
18 (A) Original issuance: $25; with $10 to the Future
19 Farmers of America Fund and $15 to the Secretary of
20 State Special License Plate Fund.
21 (B) Renewal: $25; with $23 to the Future Farmers
22 of America Fund and $2 to the Secretary of State
23 Special License Plate Fund.
24 (17) The Illinois Department of Public Health for
25 autism awareness decals that are designed with input from
26 autism advocacy organizations.
HB5181 Enrolled - 54 - LRB104 19228 SPS 32674 b
1 (A) Original issuance: $25; with $10 to the Autism
2 Awareness Fund and $15 to the Secretary of State
3 Special License Plate Fund.
4 (B) Renewal: $25; with $23 to the Autism Awareness
5 Fund and $2 to the Secretary of State Special License
6 Plate Fund.
7 (18) The Department of Natural Resources for Lyme
8 disease research decals.
9 (A) Original issuance: $25; with $10 to the Tick
10 Research, Education, and Evaluation Fund and $15 to
11 the Secretary of State Special License Plate Fund.
12 (B) Renewal: $25; with $23 to the Tick Research,
13 Education, and Evaluation Fund and $2 to the Secretary
14 of State Special License Plate Fund.
15 (19) The IBEW Thank a Line Worker decal.
16 (A) Original issuance: $15, which shall be
17 deposited into the Secretary of State Special License
18 Plate Fund.
19 (B) Renewal: $2, which shall be deposited into the
20 Secretary of State Special License Plate Fund.
21 (20) An Illinois chapter of the Navy Club for Navy
22 Club decals.
23 (A) Original issuance: $5; which shall be
24 deposited into the Navy Club Fund.
25 (B) Renewal: $18; which shall be deposited into
26 the Navy Club Fund.
HB5181 Enrolled - 55 - LRB104 19228 SPS 32674 b
1 (21) An Illinois chapter of the International
2 Brotherhood of Electrical Workers for International
3 Brotherhood of Electrical Workers decal.
4 (A) Original issuance: $25; with $10 to the
5 International Brotherhood of Electrical Workers Fund
6 and $15 to the Secretary of State Special License
7 Plate Fund.
8 (B) Renewal: $25; with $23 to the International
9 Brotherhood of Electrical Workers Fund and $2 to the
10 Secretary of State Special License Plate Fund.
11 (22) The 100 Club of Illinois decal.
12 (A) Original issuance: $45; with $30 to the 100
13 Club of Illinois Fund and $15 to the Secretary of State
14 Special License Plate Fund.
15 (B) Renewal: $27; with $25 to the 100 Club of
16 Illinois Fund and $2 to the Secretary of State Special
17 License Plate Fund.
18 (23) The Illinois USTA/Midwest Youth Tennis Foundation
19 decal.
20 (A) Original issuance: $40; with $25 to the
21 Illinois USTA/Midwest Youth Tennis Foundation Fund and
22 $15 to the Secretary of State Special License Plate
23 Fund.
24 (B) Renewal: $40; with $38 to the Illinois
25 USTA/Midwest Youth Tennis Foundation Fund and $2 to
26 the Secretary of State Special License Plate Fund.
HB5181 Enrolled - 56 - LRB104 19228 SPS 32674 b
1 (24) The Sons of the American Legion decal.
2 (A) Original issuance: $25; with $10 to the Sons
3 of the American Legion Fund and $15 to the Secretary of
4 State Special License Plate Fund.
5 (B) Renewal: $25; with $23 to the Sons of the
6 American Legion Fund and $2 to the Secretary of State
7 Special License Plate Fund.
8 (f) The following funds are created as special funds in
9 the State treasury:
10 (1) The Roadside Monarch Habitat Fund. All money in
11 the Roadside Monarch Habitat Fund shall be paid as grants
12 by the Illinois Department of Natural Resources to fund
13 roadside monarch and other pollinator habitat development,
14 enhancement, and restoration projects in this State.
15 (2) (Blank).
16 (3) (Blank).
17 (4) The Post-Traumatic Stress Disorder Awareness Fund.
18 All money in the Post-Traumatic Stress Disorder Awareness
19 Fund shall be paid as grants to K9s for Veterans, NFP for
20 support, education, and awareness of veterans with
21 post-traumatic stress disorder.
22 (5) (Blank). The Guide Dogs of America Fund. All money
23 in the Guide Dogs of America Fund shall be paid as grants
24 to the International Guiding Eyes, Inc., doing business as
25 Guide Dogs of America.
26 (6) (Blank). The Mechanics Training Fund. All money in
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1 the Mechanics Training Fund shall be paid as grants to the
2 Mechanics Local 701 Training Fund.
3 (7) (Blank).
4 (8) (Blank).
5 (9) The Pediatric Cancer Awareness Fund. All money in
6 the Pediatric Cancer Awareness Fund shall be paid as
7 grants to the Cancer Center at Illinois for pediatric
8 cancer treatment and research.
9 (10) The Folds of Honor Foundation Fund. All money in
10 the Folds of Honor Foundation Fund shall be paid as grants
11 to the Folds of Honor Foundation to aid in providing
12 educational scholarships to military families.
13 (11) The Experimental Aircraft Association Fund. All
14 money in the Experimental Aircraft Association Fund shall
15 be paid, subject to appropriation by the General Assembly
16 and distribution by the Secretary, as grants to promote
17 recreational aviation.
18 (12) The Child Abuse Council of the Quad Cities Fund.
19 All money in the Child Abuse Council of the Quad Cities
20 Fund shall be paid as grants to benefit the Child Abuse
21 Council of the Quad Cities.
22 (13) The Illinois Health Care Workers Benefit Fund.
23 All money in the Illinois Health Care Workers Benefit Fund
24 shall be paid as grants to the Trinity Health Foundation
25 for the benefit of health care workers, doctors, nurses,
26 and others who work in the health care industry in this
HB5181 Enrolled - 58 - LRB104 19228 SPS 32674 b
1 State.
2 (14) The Future Farmers of America Fund. All money in
3 the Future Farmers of America Fund shall be paid as grants
4 to the Illinois Association of Future Farmers of America.
5 (15) The Tick Research, Education, and Evaluation
6 Fund. All money in the Tick Research, Education, and
7 Evaluation Fund shall be paid as grants to the Illinois
8 Lyme Association.
9 (16) The Navy Club Fund. All money in the Navy Club
10 Fund shall be paid as grants to any local chapter of the
11 Navy Club that is located in this State.
12 (17) The International Brotherhood of Electrical
13 Workers Fund. All money in the International Brotherhood
14 of Electrical Workers Fund shall be paid as grants to any
15 local chapter of the International Brotherhood of
16 Electrical Workers that is located in this State.
17 (18) The 100 Club of Illinois Fund. All money in the
18 100 Club of Illinois Fund shall be paid as grants to the
19 100 Club of Illinois for the purpose of giving financial
20 support to children and spouses of first responders killed
21 in the line of duty and mental health resources for active
22 duty first responders.
23 (19) The Illinois USTA/Midwest Youth Tennis Foundation
24 Fund. All money in the Illinois USTA/Midwest Youth Tennis
25 Foundation Fund shall be paid as grants to Illinois
26 USTA/Midwest Youth Tennis Foundation to aid USTA/Midwest
HB5181 Enrolled - 59 - LRB104 19228 SPS 32674 b
1 districts in the State with exposing youth to the game of
2 tennis.
3 (20) The Sons of the American Legion Fund. All money
4 in the Sons of the American Legion Fund shall be paid as
5 grants to the Illinois Detachment of the Sons of the
6 American Legion.
7 (g) The following funds are dissolved on July 1, 2025:
8 (1) The Prostate Cancer Awareness Fund.
9 (2) The Horsemen's Council of Illinois Fund.
10 (3) The Theresa Tracy Trot-Illinois CancerCare
11 Foundation Fund.
12 (4) The Developmental Disabilities Awareness Fund.
13 (h) The following funds are dissolved on July 1, 2026:
14 (1) The Guide Dogs of America Fund.
15 (2) The Mechanics Training Fund.
16 (Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24;
17 103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff.
18 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911,
19 eff. 1-1-25; 103-933, eff. 1-1-25; 104-2, eff. 6-16-25;
20 104-234, eff. 8-15-25; 104-417, eff. 8-15-25; 104-435, eff.
21 11-21-25; revised 12-9-25.)
22 (625 ILCS 5/11-501.01)
23 Sec. 11-501.01. Additional administrative sanctions.
24 (a) After a finding of guilt and prior to any final
25 sentencing or an order for supervision, for an offense based
HB5181 Enrolled - 60 - LRB104 19228 SPS 32674 b
1 upon an arrest for a violation of Section 11-501 or a similar
2 provision of a local ordinance, individuals shall be required
3 to undergo a professional evaluation to determine if an
4 alcohol, drug, or intoxicating compound abuse problem exists
5 and the extent of the problem, and undergo the imposition of
6 treatment as appropriate. Programs conducting these
7 evaluations shall be licensed by the Department of Human
8 Services. The cost of any professional evaluation shall be
9 paid for by the individual required to undergo the
10 professional evaluation.
11 (b) Any person who is found guilty of or pleads guilty to
12 violating Section 11-501, including any person receiving a
13 disposition of court supervision for violating that Section,
14 may be required by the Court to attend a victim impact panel
15 offered by, or under contract with, a county State's
16 Attorney's office, a probation and court services department,
17 Mothers Against Drunk Driving, or the Alliance Against
18 Intoxicated Motorists. All costs generated by the victim
19 impact panel shall be paid from fees collected from the
20 offender or as may be determined by the court.
21 (c) (Blank).
22 (d) The Secretary of State shall revoke the driving
23 privileges of any person convicted under Section 11-501 or a
24 similar provision of a local ordinance.
25 (e) The Secretary of State shall require the use of
26 ignition interlock devices for a period not less than 5 years
HB5181 Enrolled - 61 - LRB104 19228 SPS 32674 b
1 on all vehicles owned by a person who has been convicted of a
2 second or subsequent offense of Section 11-501 or a similar
3 provision of a local ordinance. The person must pay to the
4 Secretary of State DUI Administration Fund an amount not to
5 exceed $30 for each month that he or she uses the device. The
6 Secretary shall establish by rule and regulation the
7 procedures for certification and use of the interlock system,
8 the amount of the fee, and the procedures, terms, and
9 conditions relating to these fees. During the time period in
10 which a person is required to install an ignition interlock
11 device under this subsection (e), that person shall only
12 operate vehicles in which ignition interlock devices have been
13 installed, except as allowed by subdivision (c)(5) or (d)(5)
14 of Section 6-205 of this Code.
15 (f) (Blank).
16 (g) (Blank). The Secretary of State Police DUI Fund is
17 created as a special fund in the State treasury and, subject to
18 appropriation, shall be used for enforcement and prevention of
19 driving while under the influence of alcohol, other drug or
20 drugs, intoxicating compound or compounds or any combination
21 thereof, as defined by Section 11-501 of this Code, including,
22 but not limited to, the purchase of law enforcement equipment
23 and commodities to assist in the prevention of alcohol-related
24 criminal violence throughout the State; police officer
25 training and education in areas related to alcohol-related
26 crime, including, but not limited to, DUI training; and police
HB5181 Enrolled - 62 - LRB104 19228 SPS 32674 b
1 officer salaries, including, but not limited to, salaries for
2 hire-back funding for safety checkpoints, saturation patrols,
3 and liquor store sting operations. Notwithstanding any other
4 provision of law, on July 1, 2025, or as soon thereafter as
5 practical, the State Comptroller shall direct and the State
6 Treasurer shall transfer the remaining balance from the
7 Secretary of State Police DUI Fund into the Secretary of State
8 Police Services Fund. Upon completion of the transfers, the
9 Secretary of State Police DUI Fund is dissolved, and any
10 future deposits due to that Fund and any outstanding
11 obligations or liabilities of that Fund shall pass to the
12 Secretary of State Police Services Fund.
13 (h) Whenever an individual is sentenced for an offense
14 based upon an arrest for a violation of Section 11-501 or a
15 similar provision of a local ordinance, and the professional
16 evaluation recommends remedial or rehabilitative treatment or
17 education, neither the treatment nor the education shall be
18 the sole disposition and either or both may be imposed only in
19 conjunction with another disposition. The court shall monitor
20 compliance with any remedial education or treatment
21 recommendations contained in the professional evaluation.
22 Programs conducting alcohol or other drug evaluation or
23 remedial education must be licensed by the Department of Human
24 Services. If the individual is not a resident of Illinois,
25 however, the court may accept an alcohol or other drug
26 evaluation or remedial education program in the individual's
HB5181 Enrolled - 63 - LRB104 19228 SPS 32674 b
1 state of residence. Programs providing treatment must be
2 licensed under existing applicable alcoholism and drug
3 treatment licensure standards.
4 (i) (Blank).
5 (j) A person that is subject to a chemical test or tests of
6 blood under subsection (a) of Section 11-501.1 or subdivision
7 (c)(2) of Section 11-501.2 of this Code, whether or not that
8 person consents to testing, shall be liable for the expense up
9 to $500 for blood withdrawal by a physician authorized to
10 practice medicine, a licensed physician assistant, a licensed
11 advanced practice registered nurse, a registered nurse, a
12 trained phlebotomist, a licensed paramedic, or a qualified
13 person other than a police officer approved by the Illinois
14 State Police to withdraw blood, who responds, whether at a law
15 enforcement facility or a health care facility, to a police
16 department request for the drawing of blood based upon refusal
17 of the person to submit to a lawfully requested breath test or
18 probable cause exists to believe the test would disclose the
19 ingestion, consumption, or use of drugs or intoxicating
20 compounds if:
21 (1) the person is found guilty of violating Section
22 11-501 of this Code or a similar provision of a local
23 ordinance; or
24 (2) the person pleads guilty to or stipulates to facts
25 supporting a violation of Section 11-503 of this Code or a
26 similar provision of a local ordinance when the plea or
HB5181 Enrolled - 64 - LRB104 19228 SPS 32674 b
1 stipulation was the result of a plea agreement in which
2 the person was originally charged with violating Section
3 11-501 of this Code or a similar local ordinance.
4 (Source: P.A. 104-2, eff. 6-16-25.)
5 Section 5-80. The Public-Private Partnerships for
6 Transportation Act is amended by changing Section 15 as
7 follows:
8 (630 ILCS 5/15)
9 Sec. 15. Formation of public-private agreements; project
10 planning.
11 (a) Each responsible public entity may exercise the powers
12 granted by this Act to do some or all to design, develop,
13 construct, finance, and operate any part of one or more
14 transportation projects through public-private agreements with
15 one or more private entities, except for transportation
16 projects for the Illiana Expressway as defined in the Public
17 Private Agreements for the Illiana Expressway Act. The net
18 proceeds, if any, arising out of a transportation project or
19 public-private agreement undertaken by the Department pursuant
20 to this Act shall be deposited into the State Construction
21 Account Public-Private Partnerships for Transportation Fund.
22 The net proceeds arising out of a transportation project or
23 public-private agreement undertaken by the Authority pursuant
24 to this Act shall be deposited into the Illinois State Toll
HB5181 Enrolled - 65 - LRB104 19228 SPS 32674 b
1 Highway Authority Fund and shall be used only as authorized by
2 Section 23 of the Toll Highway Act.
3 (b) The Authority may enter into a public-private
4 partnership to design, develop, construct, finance, and
5 operate new toll highways authorized by the Governor and the
6 General Assembly pursuant to Section 14.1 of the Toll Highway
7 Act, non-highway transportation projects on the toll highway
8 system such as commuter rail or high-speed rail lines, and
9 intelligent transportation infrastructure that will enhance
10 the safety, efficiency, and environmental quality of the toll
11 highway system. The Authority may operate or provide
12 operational services such as toll collection on highways which
13 are developed or financed, or both, through a public-private
14 agreement entered into by another public entity, under an
15 agreement with the public entity or contractor responsible for
16 the transportation project.
17 (c) A contractor has:
18 (1) all powers allowed by law generally to a private
19 entity having the same form of organization as the
20 contractor; and
21 (2) the power to develop, finance, and operate the
22 transportation facility and to impose user fees in
23 connection with the use of the transportation facility,
24 subject to the terms of the public-private agreement.
25 No tolls or user fees may be imposed by the contractor
26 except as set forth in a public-private agreement.
HB5181 Enrolled - 66 - LRB104 19228 SPS 32674 b
1 (d) Prior to commencing the procurement process under an
2 unsolicited proposal or the issuance of any request for
3 qualifications or request for proposals with respect to any
4 potential project undertaken by a responsible public entity
5 pursuant to Section 19 or 20 of this Act, the commencement of a
6 procurement process for that particular potential project
7 shall be authorized by joint resolution of the General
8 Assembly.
9 (e) (Blank).
10 (f) Any project undertaken under this Act shall be subject
11 to all applicable planning requirements otherwise required by
12 law, including land use planning, regional planning,
13 transportation planning, and environmental compliance
14 requirements.
15 (g) (Blank).
16 (h) The responsible public entity shall hold one or more
17 public hearings before entering into negotiations with a
18 proposer. These public hearings shall address any potential
19 project that the responsible public entity submitted to the
20 General Assembly for review under subsection (d). The
21 responsible public entity shall publish a notice of the
22 hearing or hearings at least 7 days before a hearing takes
23 place, and shall include the following in the notice: (i) the
24 date, time, and place of the hearing and the address of the
25 responsible public entity; (ii) a brief description of the
26 potential projects that the responsible public entity is
HB5181 Enrolled - 67 - LRB104 19228 SPS 32674 b
1 considering undertaking; and (iii) a statement that the public
2 may comment on the potential projects.
3 (i) Each year, at least 30 days prior to the beginning of
4 the transportation agency's fiscal year, the transportation
5 agency shall submit a description of potential projects that
6 the transportation agency is considering undertaking under
7 this Act to each county, municipality, and metropolitan
8 planning organization, with respect to each project located
9 within its boundaries.
10 (j) A new transportation facility developed as a project
11 under this Act must be consistent with the regional plan then
12 in existence of a metropolitan planning organization in whose
13 boundaries the project is located.
14 (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.)
15 (630 ILCS 5/90 rep.)
16 Section 5-85. The Public-Private Partnerships for
17 Transportation Act is amended by repealing Section 90.
18 Section 5-90. The Unified Code of Corrections is amended
19 by changing Section 5-9-1.8 as follows:
20 (730 ILCS 5/5-9-1.8)
21 Sec. 5-9-1.8. Child sexual abuse material fines. Beginning
22 July 1, 2025, 100% of the fines in excess of $10,000 collected
23 for violations of Section 11-20.1 of the Criminal Code of 1961
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1 or the Criminal Code of 2012 shall be deposited into the DCFS
2 Children's Services Fund. Moneys in the Fund resulting from
3 the fines shall be for the use of the Department of Children
4 and Family Services for grants to private entities giving
5 treatment and counseling to victims of child sexual abuse.
6 Notwithstanding any other provision of law to the contrary
7 and in addition to any other transfers that may be provided by
8 law, on July 1, 2025, or as soon thereafter as practical, the
9 State Comptroller shall direct and the State Treasurer shall
10 transfer the remaining balance from the Child Abuse Prevention
11 Fund into the DCFS Children's Services Fund. Upon completion
12 of the transfer, the Child Abuse Prevention Fund is dissolved,
13 and any future deposits due to that Fund and any outstanding
14 obligations or liabilities of that Fund pass to the DCFS
15 Children's Services Fund.
16 (Source: P.A. 104-2, eff. 6-16-25; 104-245, eff. 1-1-26;
17 revised 11-21-25.)
18 Section 5-95. The Adoption Act is amended by changing
19 Section 18.3a as follows:
20 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
21 Sec. 18.3a. Confidential intermediary.
22 (a) General purposes. Notwithstanding any other provision
23 of this Act,
24 (1) any adopted or surrendered person 21 years of age
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1 or over; or
2 (2) any adoptive parent or legal guardian of an
3 adopted or surrendered person under the age of 21; or
4 (3) any birth parent of an adopted or surrendered
5 person who is 21 years of age or over; or
6 (4) any adult child or adult grandchild of a deceased
7 adopted or surrendered person; or
8 (5) any adoptive parent or surviving spouse of a
9 deceased adopted or surrendered person; or
10 (6) any adult birth sibling of the adult adopted or
11 surrendered person unless the birth parent has checked
12 Option E on the Birth Parent Preference Form or has filed a
13 Denial of Information Exchange with the Registry and is
14 not deceased; or
15 (7) any adult adopted birth sibling of an adult
16 adopted or surrendered person; or
17 (8) any adult birth sibling of the birth parent if the
18 birth parent is deceased; or
19 (9) any birth grandparent
20 may petition the court in any county in the State of Illinois
21 for appointment of a confidential intermediary as provided in
22 this Section for the purpose of exchanging medical information
23 with one or more mutually consenting biological relatives,
24 obtaining identifying information about one or more mutually
25 consenting biological relatives, or arranging contact with one
26 or more mutually consenting biological relatives. The
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1 petitioner shall be required to accompany his or her petition
2 with proof of registration with the Illinois Adoption Registry
3 and Medical Information Exchange.
4 (a-4) The adoptive parent or legal guardian of an adopted
5 or surrendered person under the age of 21 may also petition the
6 court for the appointment of a confidential intermediary for
7 purposes of obtaining identifying information or arranging
8 contact with a mutually consenting adoptive parent or legal
9 guardian of a birth sibling of the petitioner's adopted or
10 surrendered child under the age of 21.
11 (a-5) In addition, any former youth in care as defined in
12 Section 4d of the Children and Family Services Act who was
13 adopted or surrendered may petition the court in any county in
14 the State for appointment of a confidential intermediary as
15 provided in this Section for the purposes of obtaining
16 identifying information or arranging contact with (i) siblings
17 or birth relatives if the former youth in care is between the
18 ages of 18 and 21 or (ii) former foster parents or foster
19 siblings if the former youth in care is over the age of 18. A
20 petitioner under this subsection is not required to register
21 with the Illinois Adoption Registry and Medical Information
22 Exchange.
23 (b) Petition. Upon petition, the court shall appoint a
24 confidential intermediary. The petition shall indicate if the
25 petitioner wants to do any one or more of the following as to
26 the sought-after relative or relatives: exchange medical
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1 information with the biological relative or relatives, obtain
2 identifying information from the biological relative or
3 relatives, or to arrange contact with the biological relative.
4 (c) Order. The order appointing the confidential
5 intermediary shall allow that intermediary to conduct a search
6 for the sought-after relative by accessing those records
7 described in subsection (g) of this Section.
8 (d) Fees and expenses. The court shall not condition the
9 appointment of the confidential intermediary on the payment of
10 the intermediary's fees and expenses in advance of the
11 commencement of the work of the confidential intermediary. No
12 fee shall be charged to any petitioner.
13 (e) Eligibility of intermediary. The court may appoint as
14 confidential intermediary any person certified by the
15 Department of Children and Family Services as qualified to
16 serve as a confidential intermediary. Certification shall be
17 dependent upon the confidential intermediary completing a
18 course of training including, but not limited to, applicable
19 federal and State privacy laws.
20 (f) (Blank).
21 (g) Confidential intermediary access to information.
22 Subject to the limitations of subsection (i) of this Section,
23 the confidential intermediary shall have access to vital
24 records maintained by the Department of Public Health and its
25 local designees for the maintenance of vital records, or a
26 comparable public entity that maintains vital records in
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1 another state in accordance with that state's laws, and all
2 records of the court or any adoption agency, public or
3 private, as limited in this Section, which relate to the
4 adoption or the identity and location of an adopted or
5 surrendered person, of an adult child or surviving spouse of a
6 deceased adopted or surrendered person, or of a birth parent,
7 birth sibling, or the sibling of a deceased birth parent. The
8 confidential intermediary shall not have access to any
9 personal health information protected by the Standards for
10 Privacy of Individually Identifiable Health Information
11 adopted by the U.S. Department of Health and Human Services
12 under the Health Insurance Portability and Accountability Act
13 of 1996 unless the confidential intermediary has obtained
14 written consent from the person whose information is being
15 sought by an adult adopted or surrendered person or, if that
16 person is a minor child, that person's parent or guardian.
17 Confidential intermediaries shall be authorized to inspect
18 confidential relinquishment and adoption records. The
19 confidential intermediary shall not be authorized to access
20 medical records, financial records, credit records, banking
21 records, home studies, attorney file records, or other
22 personal records. In cases where a birth parent is being
23 sought, an adoption agency shall inform the confidential
24 intermediary of any statement filed pursuant to Section 18.3,
25 hereinafter referred to as "the 18.3 statement", indicating a
26 desire of the surrendering birth parent to have identifying
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1 information shared or to not have identifying information
2 shared. Information provided to the confidential intermediary
3 by an adoption agency shall be restricted to the full name,
4 date of birth, place of birth, last known address, last known
5 telephone number of the sought-after relative or, if
6 applicable, of the children or siblings of the sought-after
7 relative, and the 18.3 statement. If the petitioner is an
8 adult adopted or surrendered person or the adoptive parent of
9 a minor and if the petitioner has signed a written
10 authorization to disclose personal medical information, an
11 adoption agency disclosing information to a confidential
12 intermediary shall disclose available medical information
13 about the adopted or surrendered person from birth through
14 adoption.
15 (h) Missing or lost original birth certificate; remedy.
16 Disclosure of information by the confidential intermediary
17 shall be consistent with the public policy and intent of laws
18 granting original birth certificate access as expressed in
19 Section 18.04 of this Act. The confidential intermediary shall
20 comply with the following procedures in disclosing information
21 to the petitioners:
22 (1) If the petitioner is an adult adopted or
23 surrendered person, or the adult child, adult grandchild,
24 or surviving spouse of a deceased adopted or surrendered
25 person, the confidential intermediary shall disclose:
26 (A) identifying information about the birth parent
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1 of the adopted person and about the adult adopted or
2 surrendered person, which, in the ordinary course of
3 business, would have been reflected on the original
4 filed certificate of birth, as of the date of birth,
5 only if:
6 (i) the adopted person was born before January
7 1, 1946 and the petitioner has requested a
8 non-certified copy of the adopted person's
9 original birth certificate under Section 18.1 of
10 this Act, and the Illinois Department of Public
11 Health has issued a certification that the
12 original birth certificate was not found, or the
13 petitioner has presented the confidential
14 intermediary with the non-certified copy of the
15 original birth certificate which omits the name of
16 the birth parent;
17 (ii) the adopted person was born after January
18 1, 1946, and the petitioner has requested a
19 non-certified copy of the adopted person's
20 original birth certificate under Section 18.1 of
21 this Act and the Illinois Department of Public
22 Health has issued a certification that the
23 original birth certificate was not found.
24 In providing information pursuant to this
25 subdivision (h)(1)(A), the confidential intermediary
26 shall expressly inform the petitioner in writing that
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1 since the identifying information is not from an
2 official original certificate of birth filed pursuant
3 to the Vital Records Act, the confidential
4 intermediary cannot attest to the complete accuracy of
5 the information and the confidential intermediary
6 shall not be liable if the information disclosed is
7 not accurate. Only information from the court files
8 shall be provided to the petitioner in this Section.
9 If the identifying information concerning a birth
10 father is sought by the petitioner, the confidential
11 intermediary shall disclose only the identifying
12 information of the birth father as defined in Section
13 18.06 of this Act;
14 (B) the name of the child welfare agency which had
15 legal custody of the surrendered person or
16 responsibility for placing the surrendered person and
17 any available contact information for such agency;
18 (C) the name of the state in which the surrender
19 occurred or in which the adoption was finalized; and
20 (D) any information for which the sought-after
21 relative has provided his or her consent to disclose
22 under paragraphs (1) through (4) of subsection (i) of
23 this Section.
24 (2) If the petitioner is an adult adopted or
25 surrendered person, or the adoptive parent of an adult
26 adopted or surrendered person under the age of 21, or the
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1 adoptive parent of a deceased adopted or surrendered
2 person, the confidential intermediary shall provide, in
3 addition to the information listed in paragraph (1) of
4 this subsection (h):
5 (A) any information which the adoption agency
6 provides pursuant to subsection (i) of this Section
7 pertaining to medical information about the adopted or
8 surrendered person; and
9 (B) any non-identifying information, as defined in
10 Section 18.4 of this Act, that is obtained during the
11 search.
12 (3) If the petitioner is not defined in paragraph (1)
13 or (2) of this subsection, the confidential intermediary
14 shall provide to the petitioner:
15 (A) any information for which the sought-after
16 relative has provided his or her consent under
17 paragraphs (1) through (4) of subsection (i) of this
18 Section;
19 (B) the name of the child welfare agency which had
20 legal custody of the surrendered person or
21 responsibility for placing the surrendered person and
22 any available contact information for such agency; and
23 (C) the name of the state in which the surrender
24 occurred or in which the adoption was finalized.
25 (h-5) Disclosure of information shall be made by the
26 confidential intermediary at any time from the appointment of
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1 the confidential intermediary and the court's issuance of an
2 order of dismissal.
3 (i) Duties of confidential intermediary in conducting a
4 search. In conducting a search under this Section, the
5 confidential intermediary shall first determine whether there
6 is a Denial of Information Exchange or a Birth Parent
7 Preference Form with Option E selected or an 18.3 statement
8 referenced in subsection (g) of this Section on file with the
9 Illinois Adoption Registry. If there is a denial, the Birth
10 Parent Preference Form on file with the Registry and the birth
11 parent who completed the form selected Option E, or if there is
12 an 18.3 statement indicating the birth parent's intent not to
13 have identifying information shared and the birth parent did
14 not later file an Information Exchange Authorization with the
15 Registry, the confidential intermediary must discontinue the
16 search unless 5 years or more have elapsed since the execution
17 of the Denial of Information Exchange, Birth Parent Preference
18 Form, or the 18.3 statement. If a birth parent was previously
19 the subject of a search through the State confidential
20 intermediary program, the confidential intermediary shall
21 inform the petitioner of the need to discontinue the search
22 until 10 years or more have elapsed since the initial search
23 was closed. In cases where a birth parent has been the object
24 of 2 searches through the State confidential intermediary
25 program, no subsequent search for the birth parent shall be
26 authorized absent a court order to the contrary.
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1 In conducting a search under this Section, the
2 confidential intermediary shall attempt to locate the relative
3 or relatives from whom the petitioner has requested
4 information. If the sought-after relative is deceased or
5 cannot be located after a diligent search, the confidential
6 intermediary may contact other adult relatives of the
7 sought-after relative.
8 The confidential intermediary shall contact a sought-after
9 relative on behalf of the petitioner in a manner that respects
10 the sought-after relative's privacy and shall inform the
11 sought-after relative of the petitioner's request for medical
12 information, identifying information or contact as stated in
13 the petition. Based upon the terms of the petitioner's
14 request, the confidential intermediary shall contact a
15 sought-after relative on behalf of the petitioner and inform
16 the sought-after relative of the following options:
17 (1) The sought-after relative may totally reject one
18 or all of the requests for medical information,
19 identifying information or contact. The sought-after
20 relative shall be informed that they can provide a medical
21 questionnaire to be forwarded to the petitioner without
22 releasing any identifying information. The confidential
23 intermediary shall inform the petitioner of the
24 sought-after relative's decision to reject the sharing of
25 information or contact.
26 (2) The sought-after relative may consent to
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1 completing a medical questionnaire only. In this case, the
2 confidential intermediary shall provide the questionnaire
3 and ask the sought-after relative to complete it. The
4 confidential intermediary shall forward the completed
5 questionnaire to the petitioner and inform the petitioner
6 of the sought-after relative's desire to not provide any
7 additional information.
8 (3) The sought-after relative may communicate with the
9 petitioner without having his or her identity disclosed.
10 In this case, the confidential intermediary shall arrange
11 the desired communication in a manner that protects the
12 identity of the sought-after relative. The confidential
13 intermediary shall inform the petitioner of the
14 sought-after relative's decision to communicate but not
15 disclose his or her identity.
16 (4) The sought-after relative may consent to initiate
17 contact with the petitioner. The confidential intermediary
18 shall obtain written consents from both parties that they
19 wish to disclose their identities to each other and to
20 have contact with each other.
21 (j) Oath. The confidential intermediary shall sign an oath
22 of confidentiality substantially as follows: "I, ..........,
23 being duly sworn, on oath depose and say: As a condition of
24 appointment as a confidential intermediary, I affirm that:
25 (1) I will not disclose to the petitioner, directly or
26 indirectly, any confidential information except in a
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1 manner consistent with the law.
2 (2) I recognize that violation of this oath subjects
3 me to civil liability and to a potential finding of
4 contempt of court. ................................
5 SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
6 date)
7 ................................."
8 (k) Sanctions.
9 (1) Any confidential intermediary who improperly
10 discloses confidential information identifying a
11 sought-after relative shall be liable to the sought-after
12 relative for damages and may also be found in contempt of
13 court.
14 (2) Any person who learns a sought-after relative's
15 identity, directly or indirectly, through the use of
16 procedures provided in this Section and who improperly
17 discloses information identifying the sought-after
18 relative shall be liable to the sought-after relative for
19 actual damages plus minimum punitive damages of $10,000.
20 (3) The Department shall fine any confidential
21 intermediary who improperly discloses confidential
22 information in violation of item (1) or (2) of this
23 subsection (k) an amount up to $2,000 per improper
24 disclosure. This fine does not affect civil liability
25 under item (2) of this subsection (k). The Department
26 shall deposit all fines and penalties collected under this
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1 Section into the Illinois Adoption Registry and Medical
2 Information Exchange Fund.
3 (l) Death of person being sought. Notwithstanding any
4 other provision of this Act, if the confidential intermediary
5 discovers that the person being sought has died, he or she
6 shall report this fact to the court, along with a copy of the
7 death certificate. If the sought-after relative is a birth
8 parent, the confidential intermediary shall also forward a
9 copy of the birth parent's death certificate, if available, to
10 the Registry for inclusion in the Registry file.
11 (m) Any confidential information obtained by the
12 confidential intermediary during the course of his or her
13 search shall be kept strictly confidential and shall be used
14 for the purpose of arranging contact between the petitioner
15 and the sought-after birth relative. At the time the case is
16 closed, all identifying information shall be returned to the
17 court for inclusion in the impounded adoption file.
18 (n) (Blank).
19 (o) Except as provided in subsection (k) of this Section,
20 no liability shall accrue to the State, any State agency, any
21 judge, any officer or employee of the court, any certified
22 confidential intermediary, or any agency designated to oversee
23 confidential intermediary services for acts, omissions, or
24 efforts made in good faith within the scope of this Section.
25 (p) An adoption agency that has received a request from a
26 confidential intermediary for the full name, date of birth,
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1 last known address, or last known telephone number of a
2 sought-after relative pursuant to subsection (g) of Section
3 18.3a, or for medical information regarding a sought-after
4 relative pursuant to subsection (h) of Section 18.3a, must
5 satisfactorily comply with this court order within a period of
6 45 days. The court shall order the adoption agency to
7 reimburse the petitioner in an amount equal to all payments
8 made by the petitioner to the confidential intermediary, and
9 the adoption agency shall be subject to a civil monetary
10 penalty of $1,000 to be paid to the Department of Children and
11 Family Services. Following the issuance of a court order
12 finding that the adoption agency has not complied with Section
13 18.3, the adoption agency shall be subject to a monetary
14 penalty of $500 per day for each subsequent day of
15 non-compliance. Proceeds from such fines shall be utilized by
16 the Department of Children and Family Services to subsidize
17 the fees of petitioners as referenced in subsection (d) of
18 this Section.
19 (q) (Blank).
20 Any reimbursements and fines, notwithstanding any
21 reimbursement directly to the petitioner, paid under this
22 subsection are in addition to other remedies a court may
23 otherwise impose by law.
24 The Department of Children and Family Services shall
25 submit reports to the Adoption Registry-Confidential
26 Intermediary Advisory Council by July 1 and January 1 of each
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1 year in order to report the penalties assessed and collected
2 under this subsection, the amounts of related deposits into
3 the DCFS Children's Services Fund, and any expenditures from
4 such deposits.
5 (r) A confidential intermediary shall be permitted to
6 access information from closed child welfare agencies whose
7 records are housed in the State Central Storage consistent
8 with paragraph (g) for all petitioners. If the petitioner is
9 an adult adopted or surrendered person, the adoptive parent of
10 an adult adopted person under the age of 21, or the adoptive
11 parent of a deceased adopted or surrendered person, the
12 confidential intermediary may request any non-identifying
13 information, including any available medical information about
14 the adopted or surrendered person from birth through adoption,
15 any non-identifying information described in Section 18.4, and
16 the Section 18.3 statement.
17 (Source: P.A. 104-69, eff. 1-1-26.)
18 Article 10.
19 Section 10-1. The State Employee Housing Act is amended by
20 changing Section 5-15 as follows:
21 (5 ILCS 412/5-15)
22 Sec. 5-15. Rental housing. The Department of Corrections,
23 the Department of Natural Resources, the Department of
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1 Transportation, the University of Illinois, and the University
2 of Illinois Foundation shall each analyze the need for
3 providing low-rent housing to its employees and shall consider
4 alternatives to State-owned housing. Rent charged for
5 State-owned housing shall be evaluated every 3 years for
6 adjustments, including that necessitated by changing economic
7 conditions.
8 (Source: P.A. 100-695, eff. 8-3-18.)
9 Section 10-5. The Illinois Lottery Law is amended by
10 changing Section 21.7 as follows:
11 (20 ILCS 1605/21.7)
12 Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off
13 game.
14 (a) The Department shall offer a special instant
15 scratch-off game for the benefit of research pertaining to
16 multiple sclerosis. The game shall commence on July 1, 2008 or
17 as soon thereafter, in the discretion of the Director, as is
18 reasonably practical. The operation of the game shall be
19 governed by this Act and any rules adopted by the Department.
20 (b) The Multiple Sclerosis Research Fund is created as a
21 special fund in the State treasury. The net revenue from the
22 scratch-out multiple sclerosis scratch-off game created under
23 this Section shall be deposited into the Fund for
24 appropriation by the General Assembly to the Department of
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1 Public Health for the purpose of making a grant or grants to an
2 organization or organizations, including the National Multiple
3 Sclerosis Society, to provide funding for organizations in
4 Illinois that conduct research pertaining to the repair and
5 prevention of damage caused by an acquired demyelinating
6 disease of the central nervous system.
7 Moneys received for the purposes of this Section,
8 including, without limitation, net revenue from the special
9 instant scratch-off game and from gifts, grants, and awards
10 from any public or private entity, must be deposited into the
11 Fund. Any interest earned on moneys in the Fund must be
12 deposited into the Fund.
13 For purposes of this Section, the term "research"
14 includes, without limitation, expenditures to develop and
15 advance the understanding, techniques, and modalities
16 effective for maintaining function, mobility, and strength
17 through preventive physical therapy or other treatments and to
18 develop and advance the repair, and also the prevention, of
19 myelin, neuron, and axon damage caused by an acquired
20 demyelinating disease of the central nervous system and the
21 restoration of function, including but not limited to, nervous
22 system repair or neuroregeneration.
23 The grant funds may not be used for institutional,
24 organizational, or community-based overhead costs, indirect
25 costs, or levies.
26 As used in this subsection, "net revenue" means the total
HB5181 Enrolled - 86 - LRB104 19228 SPS 32674 b
1 amount for which tickets have been sold less the sum of the
2 amount paid out in the prizes and to retailers, and direct and
3 estimated administrative expenses of the Department solely
4 related to the scratch-off game under this Section.
5 (c) During the time that tickets are sold for the
6 scratch-out multiple sclerosis scratch-off game, the
7 Department shall not unreasonably diminish the efforts devoted
8 to marketing any other instant scratch-off lottery game.
9 (d) The Department may adopt any rules necessary to
10 implement and administer the provisions of this Section.
11 (Source: P.A. 103-381, eff. 7-28-23.)
12 Section 10-10. The Military Code of Illinois is amended by
13 changing Sections 26 and 40 as follows:
14 (20 ILCS 1805/26) (from Ch. 129, par. 220.26)
15 Sec. 26. On or before the 7th day of January each year the
16 first day of November next preceding the regular session of
17 the General Assembly, The Adjutant General shall make out a
18 full and detailed report to the Governor and the General
19 Assembly of all the transactions of his office, including
20 receipts and expenditures of all appropriated funds. In
21 preparing his account of the money paid out and expended, he
22 shall group the expenditures made from each separate
23 appropriation under the objects and purposes as classified and
24 standardized in Section 13 of the State Finance Act "An Act in
HB5181 Enrolled - 87 - LRB104 19228 SPS 32674 b
1 Relation to State Finance", approved June 10, 1919, as
2 amended. The Adjutant General shall also report upon such
3 other matters at such times as shall be required by the
4 Commander-in-Chief.
5 (Source: Laws 1957, p. 2141.)
6 (20 ILCS 1805/40) (from Ch. 129, par. 220.40)
7 Sec. 40. Except where otherwise specified herein, all
8 officers now in active service or hereafter appointed, shall
9 hold their respective commissions until they are vacated by
10 resignation or retirement, or by acceptance of another
11 commission in the State military service, or by sentence of a
12 general courts-martial, approved finding of a board of
13 officers under Section 42, Article VIII, or approved finding
14 of a board of officers convened pursuant to federal
15 regulations in which the board recommends withdrawal of
16 federal recognition of the officer's commission, or terminated
17 under Section 43, Article VIII hereof. Federal recognition
18 with commission in the National Guard of the United States is
19 established as a requirement for holding commission in the
20 active National Guard of Illinois; the commission of an
21 officer in the National Guard of Illinois will be terminated
22 upon failure to obtain or retain Federal recognition.
23 (Source: P.A. 99-557, eff. 1-1-17.)
24 (20 ILCS 1805/43 rep.)
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1 (20 ILCS 1805/45 rep.)
2 Section 10-15. The Military Code of Illinois is amended by
3 repealing Sections 43 and 45.
4 (20 ILCS 2310/2310-435 rep.)
5 Section 10-20. The Department of Public Health Powers and
6 Duties Law of the Civil Administrative Code of Illinois is
7 amended by repealing Section 2310-435.
8 Section 10-25. The Department of Veterans Affairs Act is
9 amended by changing Section 2 as follows:
10 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
11 Sec. 2. Powers and duties. The Department shall have the
12 following powers and duties:
13 To perform such acts at the request of any veteran, or his
14 or her spouse, surviving spouse or dependents as shall be
15 reasonably necessary or reasonably incident to obtaining or
16 endeavoring to obtain for the requester any advantage, benefit
17 or emolument accruing or due to such person under any law of
18 the United States, the State of Illinois or any other state or
19 governmental agency by reason of the service of such veteran,
20 and in pursuance thereof shall:
21 (1) Contact veterans, their survivors and dependents
22 and advise them of the benefits of state and federal laws
23 and assist them in obtaining such benefits;
HB5181 Enrolled - 89 - LRB104 19228 SPS 32674 b
1 (2) Establish field offices and direct the activities
2 of the personnel assigned to such offices;
3 (3) (Blank); Create and maintain a volunteer field
4 force; the volunteer field force may include
5 representatives from the following without limitation:
6 educational institutions, labor organizations, veterans
7 organizations, employers, churches, and farm
8 organizations; the volunteer field force may not process
9 federal veterans assistance claims;
10 (4) Conduct informational and training services;
11 (5) Conduct educational programs through newspapers,
12 periodicals, social media, television, and radio for the
13 specific purpose of disseminating information affecting
14 veterans and their dependents;
15 (6) Coordinate the services and activities of all
16 state departments having services and resources affecting
17 veterans and their dependents;
18 (7) Encourage and assist in the coordination of
19 agencies within counties giving service to veterans and
20 their dependents;
21 (8) Cooperate with veterans organizations and other
22 governmental agencies;
23 (9) Make, alter, amend and promulgate reasonable rules
24 and procedures for the administration of this Act;
25 (10) Make and publish annual reports to the Governor
26 regarding the administration and general operation of the
HB5181 Enrolled - 90 - LRB104 19228 SPS 32674 b
1 Department;
2 (11) (Blank);
3 (12) (Blank); and
4 (13) Provide informational resources and education to
5 veterans returning from deployment regarding service
6 animals for individuals with disabilities, including, but
7 not limited to, resources and education on service animals
8 that guide people who are blind, pull a wheelchair, alert
9 a person with hearing loss, protect a person having a
10 seizure, assist a person with a traumatic brain injury,
11 and calm a person with post-traumatic stress disorder
12 during an anxiety attack or psychiatric episode.
13 The Department may accept and hold on behalf of the State,
14 if for the public interest, a grant, gift, devise or bequest of
15 money or property to the Department made for the general
16 benefit of Illinois veterans, including the conduct of
17 informational and training services by the Department and
18 other authorized purposes of the Department. The Department
19 shall cause each grant, gift, devise or bequest to be kept as a
20 distinct fund and shall invest such funds in the manner
21 provided by the Public Funds Investment Act, as now or
22 hereafter amended, and shall make such reports as may be
23 required by the Comptroller concerning what funds are so held
24 and the manner in which such funds are invested. The
25 Department may make grants from these funds for the general
26 benefit of Illinois veterans. Grants from these funds, except
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1 for the funds established under Sections 2.01a and 2.03, shall
2 be subject to appropriation.
3 The Department has the power to make grants, from funds
4 appropriated from the Illinois Military Family Relief Fund,
5 for benefits authorized under the Survivors Compensation Act.
6 (Source: P.A. 99-314, eff. 8-7-15; 99-576, eff. 7-15-16;
7 100-84, eff. 1-1-18.)
8 Section 10-30. The Illinois Procurement Code is amended by
9 changing Section 25-35 as follows:
10 (30 ILCS 500/25-35)
11 Sec. 25-35. Purchase of coal and postage stamps.
12 (a) Delivery of necessary supplies. To avoid interruption
13 or impediment of delivery of necessary supplies, commodities,
14 and coal, State purchasing officers may approve a State
15 agency's purchases of or contracts for supplies and
16 commodities after April 30 of a fiscal year when delivery of
17 the supplies and commodities is to be made after June 30 of
18 that fiscal year and payment for which is to be made from
19 appropriations for the next fiscal year.
20 (b) Postage. All postage stamps purchased from State funds
21 by a General Assembly member or constitutional officer must be
22 perforated for identification purposes. A General Assembly
23 member may furnish the U.S. Post Office with a warrant so as to
24 allow for the creation or continuation of a bulk rate mailing
HB5181 Enrolled - 92 - LRB104 19228 SPS 32674 b
1 fund in the name of the General Assembly member or may furnish
2 a postage meter company or post office with a warrant so as to
3 facilitate the purchase of a postage meter and its stamps. Any
4 postage meter so purchased must also contain a stamp that
5 shall state "Official State Mail".
6 (Source: P.A. 100-43, eff. 8-9-17.)
7 Section 10-35. The School Code is amended by changing
8 Section 2-3.30 as follows:
9 (105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30)
10 Sec. 2-3.30. Census for special education. To require on
11 or before December 22 of each year reports as to the census of
12 all children 3 years of age through 21 years of age inclusive
13 of the types described in definitions under the rules
14 authorized in Section 14-1.02 who were receiving special
15 education and related services on December 1 of the current
16 school year.
17 To require an annual report, on or before December 22 of
18 each year, from the Department of Juvenile Justice Department
19 of Corrections containing a census of all children 3 years of
20 age through 21 years of age inclusive of the types described in
21 Section 14-1.02 who were receiving special education services
22 on December 1 of the current school year within State
23 facilities. Such report shall be submitted pursuant to rules
24 and regulations issued by the State Board of Education.
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1 (Source: P.A. 95-793, eff. 1-1-09.)
2 Section 10-40. The Hospital Licensing Act is amended by
3 changing Section 6.09 as follows:
4 (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
5 Sec. 6.09. (a) In order to facilitate the orderly
6 transition of aged patients and patients with disabilities
7 from hospitals to post-hospital care, whenever a patient who
8 qualifies for the federal Medicare program is hospitalized,
9 the patient shall be notified of discharge at least 24 hours
10 prior to discharge from the hospital. With regard to pending
11 discharges to a skilled nursing facility, the hospital must
12 notify the case coordination unit, as defined in 89 Ill. Adm.
13 Code 240.260, at least 24 hours prior to discharge. When the
14 assessment is completed in the hospital, the case coordination
15 unit shall provide a copy of the required assessment
16 documentation directly to the nursing home to which the
17 patient is being discharged prior to discharge. The Department
18 on Aging shall provide notice of this requirement to case
19 coordination units. When a case coordination unit is unable to
20 complete an assessment in a hospital prior to the discharge of
21 a patient, 60 years of age or older, to a nursing home, the
22 case coordination unit shall notify the Department on Aging
23 and which shall notify the Department of Healthcare and Family
24 Services. The Department on Aging shall adopt rules to address
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1 these instances to ensure that the patient is able to access
2 nursing home care, the nursing home is not penalized for
3 accepting the admission, and the patient's timely discharge
4 from the hospital is not delayed, to the extent permitted
5 under federal law or regulation. Nothing in this subsection
6 shall preclude federal requirements for a pre-admission
7 screening/mental health (PAS/MH) as required under Section
8 2-201.5 of the Nursing Home Care Act or State or federal law or
9 regulation. If home health services are ordered, the hospital
10 must inform its designated case coordination unit, as defined
11 in 89 Ill. Adm. Code 240.260, of the pending discharge and must
12 provide the patient with the case coordination unit's
13 telephone number and other contact information.
14 (b) Every hospital shall develop procedures for a
15 physician with medical staff privileges at the hospital or any
16 appropriate medical staff member to provide the discharge
17 notice prescribed in subsection (a) of this Section. The
18 procedures must include prohibitions against discharging or
19 referring a patient to any of the following if unlicensed,
20 uncertified, or unregistered: (i) a board and care facility,
21 as defined in the Board and Care Home Act; (ii) an assisted
22 living and shared housing establishment, as defined in the
23 Assisted Living and Shared Housing Act; (iii) a facility
24 licensed under the Nursing Home Care Act, the Specialized
25 Mental Health Rehabilitation Act of 2013, the ID/DD Community
26 Care Act, or the MC/DD Act; (iv) a supportive living facility,
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1 as defined in Section 5-5.01a of the Illinois Public Aid Code;
2 or (v) a free-standing hospice facility licensed under the
3 Hospice Program Licensing Act if licensure, certification, or
4 registration is required. The Department of Public Health
5 shall annually provide hospitals with a list of licensed,
6 certified, or registered board and care facilities, assisted
7 living and shared housing establishments, nursing homes,
8 supportive living facilities, facilities licensed under the
9 ID/DD Community Care Act, the MC/DD Act, or the Specialized
10 Mental Health Rehabilitation Act of 2013, and hospice
11 facilities. Reliance upon this list by a hospital shall
12 satisfy compliance with this requirement. The procedure may
13 also include a waiver for any case in which a discharge notice
14 is not feasible due to a short length of stay in the hospital
15 by the patient, or for any case in which the patient
16 voluntarily desires to leave the hospital before the
17 expiration of the 24 hour period.
18 (c) At least 24 hours prior to discharge from the
19 hospital, the patient shall receive written information on the
20 patient's right to appeal the discharge pursuant to the
21 federal Medicare program, including the steps to follow to
22 appeal the discharge and the appropriate telephone number to
23 call in case the patient intends to appeal the discharge.
24 (d) Before transfer of a patient to a long term care
25 facility licensed under the Nursing Home Care Act where
26 elderly persons reside, a hospital shall as soon as
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1 practicable initiate a name-based criminal history background
2 check by electronic submission to the Illinois State Police
3 for all persons between the ages of 18 and 70 years; provided,
4 however, that a hospital shall be required to initiate such a
5 background check only with respect to patients who:
6 (1) are transferring to a long term care facility for
7 the first time;
8 (2) have been in the hospital more than 5 days;
9 (3) are reasonably expected to remain at the long term
10 care facility for more than 30 days;
11 (4) have a known history of serious mental illness or
12 substance abuse; and
13 (5) are independently ambulatory or mobile for more
14 than a temporary period of time.
15 A hospital may also request a criminal history background
16 check for a patient who does not meet any of the criteria set
17 forth in items (1) through (5).
18 A hospital shall notify a long term care facility if the
19 hospital has initiated a criminal history background check on
20 a patient being discharged to that facility. In all
21 circumstances in which the hospital is required by this
22 subsection to initiate the criminal history background check,
23 the transfer to the long term care facility may proceed
24 regardless of the availability of criminal history results.
25 Upon receipt of the results, the hospital shall promptly
26 forward the results to the appropriate long term care
HB5181 Enrolled - 97 - LRB104 19228 SPS 32674 b
1 facility. If the results of the background check are
2 inconclusive, the hospital shall have no additional duty or
3 obligation to seek additional information from, or about, the
4 patient.
5 (Source: P.A. 102-538, eff. 8-20-21; 103-102, eff. 1-1-24.)
6 Section 10-45. The Prevention of Unnecessary
7 Institutionalization Act is amended by changing Sections 10,
8 15, 20, 25, and 30 as follows:
9 (310 ILCS 100/10)
10 Sec. 10. Purpose. The purpose of this Act is to authorize
11 the Department of Human Services and the Department on Aging
12 to each jointly establish programs a program to provide
13 funding for necessary structural modifications and assistive
14 technology devices to enable older persons and adults and
15 children with disabilities to remain in or return to their
16 homes or other dwellings of their choice within their
17 community in order to allow them to live as independently as
18 possible for as long as possible.
19 (Source: P.A. 92-122, eff. 7-20-01.)
20 (310 ILCS 100/15)
21 Sec. 15. Definitions. As used in this Act:
22 "Assistive technology device" means an item, piece of
23 equipment, or product system, whether acquired commercially,
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1 modified, or customized, that is used to increase, maintain,
2 or improve functional capabilities of individuals with
3 disabilities and older persons.
4 "Home Structural modification" means any change in the
5 physical structure of a home or a change to a dwelling that
6 enhances its usability or accessibility or both for a resident
7 who has a disability or is an older person.
8 (Source: P.A. 92-122, eff. 7-20-01.)
9 (310 ILCS 100/20)
10 Sec. 20. Program. Subject to appropriation for these
11 purposes, the Department of Human Services and the Department
12 on Aging may shall jointly establish programs that a
13 Prevention of Unnecessary Institutionalization Grant and Loan
14 Program. The Program shall have 2 components: assistive
15 technology and home modifications. The Departments in
16 developing each program may enter into public-private
17 partnerships and establish other grant programs. If there are
18 programs and services that are provided under other state
19 grants, private grants, federal grants or waivers, those
20 services shall meet the intent of this program. The
21 Departments may establish the programs as a pilot with the
22 intent of expanding statewide with evidence-based outcomes and
23 available funding. One component shall be administered by the
24 Department of Human Services and the other component shall be
25 administered by the Department on Aging. The Department of
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1 Human Services and the Department on Aging shall cooperate in
2 the overall administration of the Program.
3 (Source: P.A. 92-122, eff. 7-20-01.)
4 (310 ILCS 100/25)
5 Sec. 25. Eligibility. Persons age 60 or older over and
6 adults and children with disabilities may shall be eligible
7 for grants or loans or both under the programs Program
8 established under by this Act if they have one or more
9 verifiable impairments that substantially limits one or more
10 of life's major activities for which some modification of
11 their dwelling or assistive technology devices, or both, are
12 required which they are unable to afford because of limited
13 resources. Preference shall be given to applicants who: (1)
14 are at imminent risk of institutionalization or who are
15 already in an institutional setting but are ready to return to
16 the community and who would be able to live in the community if
17 modifications are made or they have the needed assistive
18 technology devices, (2) have inadequate resources or no
19 current access to resources as a result of the geographic
20 location of their dwelling, the lack of other available State
21 or federal funds such as the Community Development Block Grant
22 or rural housing assistance programs or income limitations
23 such as the inability to qualify for a low-interest loan, or
24 (3) have access to other resources, but those resources are
25 insufficient to complete the necessary modifications or
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1 acquire the needed assistive technology devices. Adults under
2 60 years of age with disabilities and children with
3 disabilities shall receive services under programs the
4 component of the Program administered by the Department of
5 Human Services. An adult 60 years of age or older may elect to
6 receive services under the component administered by the
7 Department of Human Services if, at the time he or she reached
8 age 60, he or she was already receiving Home Services under
9 subsection (f) of Section 3 of the Rehabilitation of Persons
10 with Disabilities Act or he or she was already receiving
11 services under the component of the Program administered by
12 the Department of Human Services. All other adults 60 years of
13 age or older receiving services under the Program shall
14 receive services under the programs component administered by
15 the Department on Aging.
16 (Source: P.A. 99-143, eff. 7-27-15.)
17 (310 ILCS 100/30)
18 Sec. 30. Rulemaking. The Department of Human Services and
19 the Department on Aging may shall jointly adopt administrative
20 rules governing each program the Program consistent with this
21 Act.
22 (Source: P.A. 92-122, eff. 7-20-01.)
23 Section 10-50. The Adult Protective Services Act is
24 amended by changing Sections 2 and 11 as follows:
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1 (320 ILCS 20/2) (from Ch. 23, par. 6602)
2 Sec. 2. Definitions. As used in this Act, unless the
3 context requires otherwise:
4 (a) "Abandonment" means the desertion or willful forsaking
5 of an eligible adult by an individual responsible for the care
6 and custody of that eligible adult under circumstances in
7 which a reasonable person would continue to provide care and
8 custody. Nothing in this Act shall be construed to mean that an
9 eligible adult is a victim of abandonment because of health
10 care services provided or not provided by licensed health care
11 professionals.
12 (a-1) "Abuse" means causing any physical, mental or sexual
13 injury to an eligible adult, including exploitation of such
14 adult's financial resources, and abandonment or subjecting an
15 eligible adult to an environment which creates a likelihood of
16 harm to the eligible adult's health, physical and emotional
17 well-being, or welfare.
18 Nothing in this Act shall be construed to mean that an
19 eligible adult is a victim of abuse, abandonment, neglect, or
20 self-neglect for the sole reason that he or she is being
21 furnished with or relies upon treatment by spiritual means
22 through prayer alone, in accordance with the tenets and
23 practices of a recognized church or religious denomination.
24 Nothing in this Act shall be construed to mean that an
25 eligible adult is a victim of abuse because of health care
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1 services provided or not provided by licensed health care
2 professionals.
3 Nothing in this Act shall be construed to mean that an
4 eligible adult is a victim of abuse in cases of criminal
5 activity by strangers, telemarketing scams, consumer fraud,
6 internet fraud, home repair disputes, complaints against a
7 homeowners' association, or complaints between landlords and
8 tenants.
9 (a-5) "Abuser" means a person who is a family member,
10 caregiver, or another person who has a continuing relationship
11 with the eligible adult and abuses, abandons, neglects, or
12 financially exploits an eligible adult.
13 (a-6) "Adult with disabilities" means a person aged 18
14 through 59 who resides in a domestic living situation and
15 whose disability as defined in subsection (c-5) impairs his or
16 her ability to seek or obtain protection from abuse,
17 abandonment, neglect, or exploitation.
18 (a-7) "Caregiver" means a person who either as a result of
19 a family relationship, voluntarily, or in exchange for
20 compensation has assumed responsibility for all or a portion
21 of the care of an eligible adult who needs assistance with
22 activities of daily living or instrumental activities of daily
23 living.
24 (b) "Department" means the Department on Aging of the
25 State of Illinois.
26 (c) "Director" means the Director of the Department.
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1 (c-5) "Disability" means a physical or mental disability,
2 including, but not limited to, a developmental disability, an
3 intellectual disability, a mental illness as defined under the
4 Mental Health and Developmental Disabilities Code, or dementia
5 as defined under the Alzheimer's Disease Assistance Act.
6 (d) "Domestic living situation" means a residence where
7 the eligible adult at the time of the report lives alone or
8 with his or her family or a caregiver, or others, or other
9 community-based unlicensed facility, but is not:
10 (1) A licensed facility as defined in Section 1-113 of
11 the Nursing Home Care Act;
12 (1.5) A facility licensed under the ID/DD Community
13 Care Act;
14 (1.6) A facility licensed under the MC/DD Act;
15 (1.7) A facility licensed under the Specialized Mental
16 Health Rehabilitation Act of 2013;
17 (2) A "life care facility" as defined in the Life Care
18 Facilities Act;
19 (3) A home, institution, or other place operated by
20 the federal government or agency thereof or by the State
21 of Illinois;
22 (4) A hospital, sanitarium, or other institution, the
23 principal activity or business of which is the diagnosis,
24 care, and treatment of human illness through the
25 maintenance and operation of organized facilities
26 therefor, which is required to be licensed under the
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1 Hospital Licensing Act;
2 (5) A "community living facility" as defined in the
3 Community Living Facilities Licensing Act;
4 (6) (Blank);
5 (7) A "community-integrated living arrangement" as
6 defined in the Community-Integrated Living Arrangements
7 Licensure and Certification Act or a "community
8 residential alternative" as licensed under that Act;
9 (8) An assisted living or shared housing establishment
10 as defined in the Assisted Living and Shared Housing Act;
11 or
12 (9) A supportive living facility as described in
13 Section 5-5.01a of the Illinois Public Aid Code.
14 (e) "Eligible adult" means either an adult with
15 disabilities aged 18 through 59 or a person aged 60 or older
16 who resides in a domestic living situation and is, or is
17 alleged to be, abused, abandoned, neglected, or financially
18 exploited by another individual or who neglects himself or
19 herself. "Eligible adult" also includes an adult who resides
20 in any of the facilities that are excluded from the definition
21 of "domestic living situation" under paragraphs (1) through
22 (9) of subsection (d), if either: (i) the alleged abuse,
23 abandonment, or neglect occurs outside of the facility and not
24 under facility supervision and the alleged abuser is a family
25 member, caregiver, or another person who has a continuing
26 relationship with the adult; or (ii) the alleged financial
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1 exploitation is perpetrated by a family member, caregiver, or
2 another person who has a continuing relationship with the
3 adult, but who is not an employee of the facility where the
4 adult resides.
5 (f) "Emergency" means a situation in which an eligible
6 adult is living in conditions presenting a risk of death or
7 physical, mental or sexual injury and the provider agency has
8 reason to believe the eligible adult is unable to consent to
9 services which would alleviate that risk.
10 (f-1) "Financial exploitation" means the use of an
11 eligible adult's resources by another to the disadvantage of
12 that adult or the profit or advantage of a person other than
13 that adult.
14 (f-3) "Investment advisor" means any person required to
15 register as an investment adviser or investment adviser
16 representative under Section 8 of the Illinois Securities Law
17 of 1953, which for purposes of this Act excludes any bank,
18 trust company, savings bank, or credit union, or their
19 respective employees.
20 (f-5) "Mandated reporter" means any of the following
21 persons while engaged in carrying out their professional
22 duties:
23 (1) a professional or professional's delegate while
24 engaged in: (i) social services, (ii) law enforcement,
25 (iii) education, (iv) the care of an eligible adult or
26 eligible adults, or (v) any of the occupations required to
HB5181 Enrolled - 106 - LRB104 19228 SPS 32674 b
1 be licensed under the Behavior Analyst Licensing Act, the
2 Clinical Psychologist Licensing Act, the Clinical Social
3 Work and Social Work Practice Act, the Illinois Dental
4 Practice Act, the Dietitian Nutritionist Practice Act, the
5 Marriage and Family Therapy Licensing Act, the Medical
6 Practice Act of 1987, the Naprapathic Practice Act, the
7 Nurse Practice Act, the Nursing Home Administrators
8 Licensing and Disciplinary Act, the Illinois Occupational
9 Therapy Practice Act, the Illinois Optometric Practice Act
10 of 1987, the Pharmacy Practice Act, the Illinois Physical
11 Therapy Act, the Physician Assistant Practice Act of 1987,
12 the Podiatric Medical Practice Act of 1987, the
13 Respiratory Care Practice Act, the Professional Counselor
14 and Clinical Professional Counselor Licensing and Practice
15 Act, the Illinois Speech-Language Pathology and Audiology
16 Practice Act, the Veterinary Medicine and Surgery Practice
17 Act of 2004, and the Illinois Public Accounting Act;
18 (1.5) an employee of an entity providing developmental
19 disabilities services or service coordination funded by
20 the Department of Human Services;
21 (2) an employee of a vocational rehabilitation
22 facility prescribed or supervised by the Department of
23 Human Services;
24 (3) an administrator, employee, or person providing
25 services in or through an unlicensed community based
26 facility;
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1 (4) any religious practitioner who provides treatment
2 by prayer or spiritual means alone in accordance with the
3 tenets and practices of a recognized church or religious
4 denomination, except as to information received in any
5 confession or sacred communication enjoined by the
6 discipline of the religious denomination to be held
7 confidential;
8 (5) field personnel of the Department of Healthcare
9 and Family Services, Department of Public Health, and
10 Department of Human Services, and any county or municipal
11 health department;
12 (6) personnel of the Department of Human Services, the
13 Guardianship and Advocacy Commission, the State Fire
14 Marshal, local fire departments, the Department on Aging
15 and its subsidiary Area Agencies on Aging and provider
16 agencies, except the State Long Term Care Ombudsman and
17 any of his or her representatives or volunteers where
18 prohibited from making such a report pursuant to 45 CFR
19 1324.11(e)(3)(iv);
20 (7) any employee of the State of Illinois not
21 otherwise specified herein who is involved in providing
22 services to eligible adults, including professionals
23 providing medical or rehabilitation services and all other
24 persons having direct contact with eligible adults;
25 (8) a person who performs the duties of a coroner or
26 medical examiner;
HB5181 Enrolled - 108 - LRB104 19228 SPS 32674 b
1 (9) a person who performs the duties of a paramedic or
2 an emergency medical technician; or
3 (10) a person who performs the duties of an investment
4 advisor.
5 (g) "Neglect" means another individual's failure to
6 provide an eligible adult with or willful withholding from an
7 eligible adult the necessities of life including, but not
8 limited to, food, clothing, shelter or health care. This
9 subsection does not create any new affirmative duty to provide
10 support to eligible adults. Nothing in this Act shall be
11 construed to mean that an eligible adult is a victim of neglect
12 because of health care services provided or not provided by
13 licensed health care professionals.
14 (h) "Provider agency" means any public or nonprofit agency
15 in a planning and service area that is selected by the
16 Department or appointed by the regional administrative agency
17 with prior approval by the Department on Aging to receive and
18 assess reports of alleged or suspected abuse, abandonment,
19 neglect, or financial exploitation. A provider agency is also
20 referenced as a "designated agency" in this Act.
21 (i) "Regional administrative agency" means any public or
22 nonprofit agency in a planning and service area that provides
23 regional oversight and performs functions as set forth in
24 subsection (b) of Section 3 of this Act. The Department shall
25 designate an Area Agency on Aging as the regional
26 administrative agency or, in the event the Area Agency on
HB5181 Enrolled - 109 - LRB104 19228 SPS 32674 b
1 Aging in that planning and service area is deemed by the
2 Department to be unwilling or unable to provide those
3 functions, the Department may serve as the regional
4 administrative agency or designate another qualified entity to
5 serve as the regional administrative agency; any such
6 designation shall be subject to terms set forth by the
7 Department.
8 (i-5) "Self-neglect" means a condition that is the result
9 of an eligible adult's inability, due to physical or mental
10 impairments, or both, or a diminished capacity, to perform
11 essential self-care tasks that substantially threaten his or
12 her own health, including: providing essential food, clothing,
13 shelter, and health care; and obtaining goods and services
14 necessary to maintain physical health, mental health,
15 emotional well-being, and general safety. The term includes
16 compulsive hoarding, which is characterized by the acquisition
17 and retention of large quantities of items and materials that
18 produce an extensively cluttered living space, which
19 significantly impairs the performance of essential self-care
20 tasks or otherwise substantially threatens life or safety.
21 (j) "Substantiated case" means a reported case of alleged
22 or suspected abuse, abandonment, neglect, financial
23 exploitation, or self-neglect in which a provider agency,
24 after assessment, determines that there is reason to believe
25 abuse, abandonment, neglect, or financial exploitation has
26 occurred.
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1 (k) "Verified" means a determination that there is "clear
2 and convincing evidence" that the specific injury or harm
3 alleged was the result of abuse, abandonment, neglect, or
4 financial exploitation.
5 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
6 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
7 (320 ILCS 20/11) (from Ch. 23, par. 6611)
8 Sec. 11. Annual Reports. The Department shall annually
9 file with the Governor and the General Assembly, no later than
10 January 1 within 270 days after the end of each fiscal year, a
11 report concerning its implementation of this Act during the
12 prior such fiscal year, together with any recommendations for
13 future implementation.
14 (Source: P.A. 90-628, eff. 1-1-99.)
15 (410 ILCS 201/Act rep.)
16 Section 10-55. The Autism Spectrum Disorders Reporting Act
17 is repealed.
18 Section 10-60. The Illinois Solid Waste Management Act is
19 amended by changing Sections 3 and 3.1 as follows:
20 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
21 Sec. 3. State agency materials recycling program.
22 (a) All State agencies and local governments shall
HB5181 Enrolled - 111 - LRB104 19228 SPS 32674 b
1 consider whether compost products can be used in the land
2 maintenance activity project when soliciting and reviewing
3 bids for land maintenance activity projects. If compost
4 products can be used in the project, the State agency or local
5 government must use compost products unless the compost
6 products:
7 (1) are not available within a reasonable period of
8 time;
9 (2) do not comply with existing purchasing standards;
10 or
11 (3) do not comply with federal or State health and
12 safety standards.
13 Beginning January 1, 2024, the Department of
14 Transportation shall report each year to the General Assembly:
15 (i) the volume of compost used in State highway
16 construction projects;
17 (ii) the status of compost and compost-based products
18 used in State highway construction projects; and
19 (iii) recommendations to maximize the use of compost
20 as a recycled material in State highway construction
21 projects.
22 State agencies and local governments are encouraged to
23 give priority to purchasing compost products from companies
24 that produce compost products locally, are certified by a
25 nationally recognized organization, and produce compost
26 products that are derived from municipal solid waste compost
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1 programs.
2 (a-5) All State agencies responsible for the maintenance
3 of public lands in the State shall review its procurement
4 specifications and policies to determine (1) if incorporating
5 compost materials will help reduce stormwater run-off and
6 increase infiltration of moisture in land maintenance
7 activities and (2) the current recycled content usage and
8 potential for additional recycled content usage by the Agency
9 in land maintenance activities and report to the General
10 Assembly by December 15, 2015.
11 (b) The Department of Central Management Services, in
12 coordination with the Agency, shall implement waste reduction
13 programs, including source separation and collection, for
14 office wastepaper, corrugated containers, newsprint and mixed
15 paper, in all State buildings as appropriate and feasible.
16 Such waste reduction programs shall be designed to achieve
17 waste reductions of at least 25% of all such waste by December
18 31, 1995, and at least 50% of all such waste by December 31,
19 2000. Any source separation and collection program shall
20 include, at a minimum, procedures for collecting and storing
21 recyclable materials, bins or containers for storing
22 materials, and contractual or other arrangements with buyers
23 of recyclable materials. If market conditions so warrant, the
24 Department of Central Management Services, in coordination
25 with the Agency, may modify programs developed pursuant to
26 this Section.
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1 The Department of Commerce and Community Affairs (now
2 Department of Commerce and Economic Opportunity) shall conduct
3 waste categorization studies of all State facilities for
4 calendar years 1991, 1995 and 2000. Such studies shall be
5 designed to assist the Department of Central Management
6 Services to achieve the waste reduction goals established in
7 this subsection.
8 (c) Each State agency shall, upon consultation with the
9 Agency, periodically review its procurement procedures and
10 specifications related to the purchase of products or
11 supplies. Such procedures and specifications shall be modified
12 as necessary to require the procuring agency to seek out
13 products and supplies that contain recycled materials, and to
14 ensure that purchased products or supplies are reusable,
15 durable or made from recycled materials whenever economically
16 and practically feasible. In choosing among products or
17 supplies that contain recycled material, consideration shall
18 be given to products and supplies with the highest recycled
19 material content that is consistent with the effective and
20 efficient use of the product or supply.
21 (d) Wherever economically and practically feasible, the
22 Department of Central Management Services shall procure
23 recycled paper and paper products as follows:
24 (1) Beginning July 1, 1989, at least 10% of the total
25 dollar value of paper and paper products purchased by the
26 Department of Central Management Services shall be
HB5181 Enrolled - 114 - LRB104 19228 SPS 32674 b
1 recycled paper and paper products.
2 (2) Beginning July 1, 1992, at least 25% of the total
3 dollar value of paper and paper products purchased by the
4 Department of Central Management Services shall be
5 recycled paper and paper products.
6 (3) Beginning July 1, 1996, at least 40% of the total
7 dollar value of paper and paper products purchased by the
8 Department of Central Management Services shall be
9 recycled paper and paper products.
10 (4) Beginning July 1, 2000, at least 50% of the total
11 dollar value of paper and paper products purchased by the
12 Department of Central Management Services shall be
13 recycled paper and paper products.
14 (e) Paper and paper products purchased from private
15 vendors pursuant to printing contracts are not considered
16 paper products for the purposes of subsection (d). However,
17 the Department of Central Management Services shall report to
18 the General Assembly on an annual basis the total dollar value
19 of printing contracts awarded to private sector vendors that
20 included the use of recycled paper.
21 (f)(1) Wherever economically and practically feasible,
22 the recycled paper and paper products referred to in
23 subsection (d) shall contain postconsumer or recovered
24 paper materials as specified by paper category in this
25 subsection:
26 (i) Recycled high grade printing and writing paper
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1 shall contain at least 50% recovered paper material.
2 Such recovered paper material, until July 1, 1994,
3 shall consist of at least 20% deinked stock or
4 postconsumer material; and beginning July 1, 1994,
5 shall consist of at least 25% deinked stock or
6 postconsumer material; and beginning July 1, 1996,
7 shall consist of at least 30% deinked stock or
8 postconsumer material; and beginning July 1, 1998,
9 shall consist of at least 40% deinked stock or
10 postconsumer material; and beginning July 1, 2000,
11 shall consist of at least 50% deinked stock or
12 postconsumer material.
13 (ii) Recycled tissue products, until July 1, 1994,
14 shall contain at least 25% postconsumer material; and
15 beginning July 1, 1994, shall contain at least 30%
16 postconsumer material; and beginning July 1, 1996,
17 shall contain at least 35% postconsumer material; and
18 beginning July 1, 1998, shall contain at least 40%
19 postconsumer material; and beginning July 1, 2000,
20 shall contain at least 45% postconsumer material.
21 (iii) Recycled newsprint, until July 1, 1994,
22 shall contain at least 40% postconsumer material; and
23 beginning July 1, 1994, shall contain at least 50%
24 postconsumer material; and beginning July 1, 1996,
25 shall contain at least 60% postconsumer material; and
26 beginning July 1, 1998, shall contain at least 70%
HB5181 Enrolled - 116 - LRB104 19228 SPS 32674 b
1 postconsumer material; and beginning July 1, 2000,
2 shall contain at least 80% postconsumer material.
3 (iv) Recycled unbleached packaging, until July 1,
4 1994, shall contain at least 35% postconsumer
5 material; and beginning July 1, 1994, shall contain at
6 least 40% postconsumer material; and beginning July 1,
7 1996, shall contain at least 45% postconsumer
8 material; and beginning July 1, 1998, shall contain at
9 least 50% postconsumer material; and beginning July 1,
10 2000, shall contain at least 55% postconsumer
11 material.
12 (v) Recycled paperboard, until July 1, 1994, shall
13 contain at least 80% postconsumer material; and
14 beginning July 1, 1994, shall contain at least 85%
15 postconsumer material; and beginning July 1, 1996,
16 shall contain at least 90% postconsumer material; and
17 beginning July 1, 1998, shall contain at least 95%
18 postconsumer material.
19 (2) For the purposes of this Section, "postconsumer
20 material" includes:
21 (i) paper, paperboard, and fibrous wastes from
22 retail stores, office buildings, homes, and so forth,
23 after the waste has passed through its end usage as a
24 consumer item, including used corrugated boxes, old
25 newspapers, mixed waste paper, tabulating cards, and
26 used cordage; and
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1 (ii) all paper, paperboard, and fibrous wastes
2 that are diverted or separated from the municipal
3 solid waste stream.
4 (3) For the purposes of this Section, "recovered paper
5 material" includes:
6 (i) postconsumer material;
7 (ii) dry paper and paperboard waste generated
8 after completion of the papermaking process (that is,
9 those manufacturing operations up to and including the
10 cutting and trimming of the paper machine reel into
11 smaller rolls or rough sheets), including envelope
12 cuttings, bindery trimmings, and other paper and
13 paperboard waste resulting from printing, cutting,
14 forming, and other converting operations, or from bag,
15 box and carton manufacturing, and butt rolls, mill
16 wrappers, and rejected unused stock; and
17 (iii) finished paper and paperboard from obsolete
18 inventories of paper and paperboard manufacturers,
19 merchants, wholesalers, dealers, printers, converters,
20 or others.
21 (g) The Department of Central Management Services may
22 adopt regulations to carry out the provisions and purposes of
23 this Section.
24 (h) Every State agency shall, in its procurement
25 documents, specify that, whenever economically and practically
26 feasible, a product to be procured must consist, wholly or in
HB5181 Enrolled - 118 - LRB104 19228 SPS 32674 b
1 part, of recycled materials, or be recyclable or reusable in
2 whole or in part. When applicable, if state guidelines are not
3 already prescribed, State agencies shall follow USEPA
4 guidelines for federal procurement.
5 (i) All State agencies shall cooperate with the Department
6 of Central Management Services in carrying out this Section.
7 The Department of Central Management Services may enter into
8 cooperative purchasing agreements with other governmental
9 units in order to obtain volume discounts, or for other
10 reasons in accordance with the Governmental Joint Purchasing
11 Act, or in accordance with the Intergovernmental Cooperation
12 Act if governmental units of other states or the federal
13 government are involved.
14 (j) The Department of Central Management Services shall
15 submit an annual report to the General Assembly concerning its
16 implementation of the State's collection and recycled paper
17 procurement programs. This report shall include a description
18 of the actions that the Department of Central Management
19 Services has taken in the previous fiscal year to implement
20 this Section. This report shall be submitted on or before
21 November 1 of each year.
22 (k) The Department of Central Management Services, in
23 cooperation with all other appropriate departments and
24 agencies of the State, shall institute whenever economically
25 and practically feasible the use of re-refined motor oil in
26 all State-owned motor vehicles and the use of remanufactured
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1 and retread tires whenever such use is practical, beginning no
2 later than July 1, 1992.
3 (l) (Blank).
4 (m) The Department of Central Management Services, in
5 coordination with the Department of Commerce and Community
6 Affairs (now Department of Commerce and Economic Opportunity),
7 has implemented an aluminum can recycling program in all State
8 buildings within 270 days of the effective date of this
9 amendatory Act of 1997. The program provides for (1) the
10 collection and storage of used aluminum cans in bins or other
11 appropriate containers made reasonably available to occupants
12 and visitors of State buildings and (2) the sale of used
13 aluminum cans to buyers of recyclable materials.
14 Proceeds from the sale of used aluminum cans shall be
15 deposited into I-CYCLE accounts maintained in the Facilities
16 Management Revolving Fund and, subject to appropriation, shall
17 be used by the Department of Central Management Services and
18 any other State agency to offset the costs of implementing the
19 aluminum can recycling program under this Section.
20 All State agencies having an aluminum can recycling
21 program in place shall continue with their current plan. If a
22 State agency has an existing recycling program in place,
23 proceeds from the aluminum can recycling program may be
24 retained and distributed pursuant to that program, otherwise
25 all revenue resulting from these programs shall be forwarded
26 to Central Management Services, I-CYCLE for placement into the
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1 appropriate account within the Facilities Management Revolving
2 Fund, minus any operating costs associated with the program.
3 (Source: P.A. 102-444, eff. 8-20-21; 103-570, eff. 1-1-24.)
4 (415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
5 Sec. 3.1. Institutions of higher learning.
6 (a) For purposes of this Section "State-supported
7 institutions of higher learning" or "institutions" means the
8 University of Illinois, Southern Illinois University, the
9 colleges and universities under the jurisdiction of the Board
10 of Governors of State Colleges and Universities, the colleges
11 and universities under the jurisdiction of the Board of
12 Regents of Regency Universities, and the public community
13 colleges subject to the Public Community College Act.
14 (b) Each State-supported institution of higher learning
15 shall develop a comprehensive waste reduction plan covering a
16 period of 10 years which addresses the management of solid
17 waste generated by academic, administrative, student housing
18 and other institutional functions. The waste reduction plan
19 shall be developed by January 1, 1995. The initial plan
20 required under this Section shall be updated by the
21 institution every 5 years, and any proposed amendments to the
22 plan shall be submitted for review in accordance with
23 subsection (f).
24 (c) Each waste reduction plan shall address, at a minimum,
25 the following topics: existing waste generation by volume,
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1 waste composition, existing waste reduction and recycling
2 activities, waste collection and disposal costs, future waste
3 management methods, and specific goals to reduce the amount of
4 waste generated that is subject to landfill disposal.
5 (d) Each waste reduction plan shall provide for recycling
6 of marketable materials currently present in the institution's
7 waste stream, including but not limited to landscape waste,
8 corrugated cardboard, computer paper, and white office paper,
9 and shall provide for the investigation of potential markets
10 for other recyclable materials present in the institution's
11 waste stream. The recycling provisions of the waste reduction
12 plan shall be designed to achieve, by January 1, 2000, at least
13 a 40% reduction (referenced to a base year of 1987) in the
14 amount of solid waste that is generated by the institution and
15 identified in the waste reduction plan as being subject to
16 landfill disposal.
17 (e) Each waste reduction plan shall evaluate the
18 institution's procurement policies and practices to eliminate
19 procedures which discriminate against items with recycled
20 content, and to identify products or items which are procured
21 by the institution on a frequent or repetitive basis for which
22 products with recycled content may be substituted. Each waste
23 reduction plan shall prescribe that it will be the policy of
24 the institution to purchase products with recycled content
25 whenever such products have met specifications and standards
26 of equivalent products which do not contain recycled content.
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1 (f) (Blank). Each waste reduction plan developed in
2 accordance with this Section shall be submitted to the Agency
3 for review and approval. The Agency's review shall be
4 conducted in cooperation with the Board of Higher Education
5 and the Illinois Community College Board.
6 (g) The Agency shall provide technical assistance,
7 technical materials, workshops and other information necessary
8 to assist in the development and implementation of the waste
9 reduction plans. The Agency shall develop guidelines and
10 funding criteria for providing grant assistance to
11 institutions for the implementation of approved waste
12 reduction plans.
13 (Source: P.A. 102-444, eff. 8-20-21.)
14 (415 ILCS 110/Act rep.)
15 Section 10-65. The Recycled Newsprint Use Act is repealed.
16 (415 ILCS 145/Act rep.)
17 Section 10-70. The Illinois Cool Cities Act is repealed.
18 Section 10-75. The Illinois Chemical Safety Act is amended
19 by changing Section 9 as follows:
20 (430 ILCS 45/9) (from Ch. 111 1/2, par. 959)
21 Sec. 9. Informational and Technical Assistance Program.
22 (a) The IEMA-OHS IEMA and the Agency shall develop an
HB5181 Enrolled - 123 - LRB104 19228 SPS 32674 b
1 informational and technical assistance program relating to the
2 implementation of this Act.
3 (b) Upon request by a business, the Agency may provide
4 technical assistance relating to emergency preparedness. The
5 assistance may include provision of relevant guidance
6 materials, identification of potential hazards associated with
7 releases of chemical substances, and information regarding
8 currently available emergency response procedures, practices,
9 equipment, and supplies.
10 (c) The IEMA-OHS shall, to the extent allowed by law, make
11 the following publicly available as soon as practicable on its
12 website On or before February 1 of each year, the IEMA shall
13 publish a report summarizing by county for the preceding
14 calendar year:
15 (1) The status of notifications provided by businesses
16 under Section 4.
17 (2) Information on significant releases.
18 (3) Information on enforcement actions taken under
19 Section 11.
20 (4) The status of emergency preparedness planning and
21 activities by communities in which businesses that are
22 subject to the provisions of this Act are located.
23 (d) (Blank). The IEMA shall provide copies of the annual
24 report to the appropriate local units of government. These
25 local governments and agencies shall maintain a copy of each
26 annual report, which shall be available for inspection by the
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1 public.
2 (Source: P.A. 86-548; 87-168.)
3 Section 95. No acceleration or delay. Where this Act makes
4 changes in a statute that is represented in this Act by text
5 that is not yet or no longer in effect (for example, a Section
6 represented by multiple versions), the use of that text does
7 not accelerate or delay the taking effect of (i) the changes
8 made by this Act or (ii) provisions derived from any other
9 Public Act.
HB5181 Enrolled - 125 - LRB104 19228 SPS 32674 b
1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/1A-50
4 15 ILCS 20/50-5
5 15 ILCS 20/50-40
6 20 ILCS 505/5a from Ch. 23, par. 5005a
7 20 ILCS 605/605-515 was 20 ILCS 605/46.13a
8 20 ILCS 605/605-1075
9 20 ILCS 1105/11 from Ch. 96 1/2, par. 7411
10 20 ILCS 3501/825-95 rep.
11 20 ILCS 3501/825-100 rep.
12 20 ILCS 3930/9.3
13 25 ILCS 80/5 from Ch. 63, par. 42.93-5
14 30 ILCS 105/5.908
15 30 ILCS 105/5.921
16 30 ILCS 105/5.693 rep.
17 30 ILCS 105/5.741 rep.
18 30 ILCS 105/5.817 rep.
19 35 ILCS 5/201.5 rep.
20 415 ILCS 60/22.2 from Ch. 5, par. 822.2
21 420 ILCS 20/14 from Ch. 111 1/2, par. 241-14
22 520 ILCS 25/15
23 625 ILCS 5/3-658
24 625 ILCS 5/3-699.14
25 625 ILCS 5/11-501.01
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1 630 ILCS 5/15
2 630 ILCS 5/90 rep.
3 730 ILCS 5/5-9-1.8
4 750 ILCS 50/18.3a from Ch. 40, par. 1522.3a
5 5 ILCS 412/5-15
6 20 ILCS 1605/21.7
7 20 ILCS 1805/26 from Ch. 129, par. 220.26
8 20 ILCS 1805/40 from Ch. 129, par. 220.40
9 20 ILCS 1805/43 rep.
10 20 ILCS 1805/45 rep.
11 20 ILCS 2310/2310-435 rep.
12 20 ILCS 2805/2 from Ch. 126 1/2, par. 67
13 30 ILCS 500/25-35
14 105 ILCS 5/2-3.30 from Ch. 122, par. 2-3.30
15 210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09
16 310 ILCS 100/10
17 310 ILCS 100/15
18 310 ILCS 100/20
19 310 ILCS 100/25
20 310 ILCS 100/30
21 320 ILCS 20/2 from Ch. 23, par. 6602
22 320 ILCS 20/11 from Ch. 23, par. 6611
23 410 ILCS 201/Act rep.
24 415 ILCS 20/3 from Ch. 111 1/2, par. 7053
25 415 ILCS 20/3.1 from Ch. 111 1/2, par. 7053.1
26 415 ILCS 110/Act rep.
HB5181 Enrolled - 127 - LRB104 19228 SPS 32674 b
from Ch. 111 1/2, par. 959
1 415 ILCS 145/Act rep.
2 430 ILCS 45/9Every fact on this page links to its source, starting with the official bill record.