HB2570ham002 104TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/25/2025

10400HB2570ham002 LRB104 08860 JRC 24291 a

AMENDMENT TO HOUSE BILL 2570

AMENDMENT NO. ______. Amend House Bill 2570 by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by adding Section 5.1030 as follows:

(30 ILCS 105/5.1030 new)

Sec. 5.1030. The Surrogacy Agreement Escrow Protection Fund.

Section 10. The Gestational Surrogacy Act is amended by adding Section 57 as follows:

(750 ILCS 47/57 new)

Sec. 57. Surrogacy Agreement Escrow Protection Fund.

(a) The Surrogacy Agreement Escrow Protection Fund is created as a special fund in the State treasury.

(b) All moneys paid into the Fund together with all accumulated undistributed income shall be held as a special fund in the State treasury. Moneys deposited into the Fund shall be used solely for the purpose of providing restitution to those who have suffered monetary loss arising out of an escrow transaction related to a gestational surrogacy contract regulated under this Act.

(c) The Fund shall be applied only to restitution ordered by the Director of Public Health. Restitution may not exceed the amount actually lost. The Fund may not be used for the payment of attorney's fees or other fees.

(d) The Fund shall be subrogated to the amount of the restitution, and the Director shall request the Attorney General to engage in all reasonable collection steps to collect restitution from the party responsible for the loss and reimburse the Fund.

(e) Notwithstanding any other provisions of this Section, the payment of restitution from the Fund shall be a matter of grace and not of right, and no person shall have any vested rights in the Fund as a beneficiary or otherwise. Before seeking restitution from the Fund, the person or beneficiary shall apply for restitution on a form provided by the Director. The form shall include any information the Director may reasonably require to determine that restitution is appropriate.

(f) Any person who suffered a monetary loss that would qualify them for restitution under this Section on or after January 1, 2023 may apply for restitution.

(g) Every entity in the State engaged in escrow transactions as required by this Act shall be assessed an annual fee of $1,000. These fees shall be collected by the Department of Public Health on or before June 30, 2026, and every June 30 thereafter.

(h) If the Director orders restitution in an amount greater than the remaining balance of the Fund, payment may be delayed until the balance of the Fund becomes sufficient to dispense the restitution ordered. Alternatively, at the Director's discretion, a special fee may be assessed on each entity engaging in escrow transactions regulated by this Act, with each entity being assessed a percentage of the total restitution ordered in an amount equal to the percentage of escrow funds each entity handled in the previous calendar year.".