Full Text of HB3856 103rd General Assembly
HB3856eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 34.10 as follows:
| 6 | | (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
| 7 | | Sec. 34.10. Home child care demonstration project; | 8 | | conversion and
renovation grants; Department of Human | 9 | | Services.
| 10 | | (a) The legislature finds that the demand for quality | 11 | | child
care far outweighs the number of safe, quality spaces | 12 | | for our children.
The purpose of this Section is to increase | 13 | | the number of child care providers
by:
| 14 | | (1) developing a demonstration project to train | 15 | | individuals to become
home child care providers who are | 16 | | able to establish and operate their own
child care | 17 | | facility; and
| 18 | | (2) providing grants to convert and renovate existing | 19 | | facilities.
| 20 | | (b) The Department of Human Services may from | 21 | | appropriations from the Child
Care Development Block Grant | 22 | | establish a demonstration project to train
individuals to | 23 | | become home child care providers who are able to establish
and |
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| 1 | | operate their own home-based child care facilities. The | 2 | | Department of
Human Services is authorized to use funds for | 3 | | this purpose from the child
care and development funds | 4 | | deposited into the DHS Special Purposes Trust Fund as
| 5 | | described in Section 12-10 of the Illinois Public Aid Code or | 6 | | deposited into the Employment and Training Fund as described | 7 | | in Section 12-10.3 of the Illinois Public Aid Code and, until | 8 | | October
1, 1998, the Child Care and Development Fund created | 9 | | by
the 87th General Assembly . As an
economic development | 10 | | program, the project's focus is to foster individual
| 11 | | self-sufficiency through an entrepreneurial approach by the | 12 | | creation of new
jobs and opening of new small home-based child | 13 | | care businesses. The
demonstration project shall involve | 14 | | coordination among State and county
governments and the | 15 | | private sector, including but not limited to: the
community | 16 | | college system, the Departments of Labor and Commerce
and | 17 | | Economic Opportunity, the State Board of Education, large and | 18 | | small
private businesses, nonprofit programs, unions, and | 19 | | child care providers
in the State.
| 20 | | The Department shall submit:
| 21 | | (1) a progress report on the demonstration project to | 22 | | the legislature
by one year after January 1, 1992 ( the | 23 | | effective date of Public Act 87-332) this amendatory Act | 24 | | of 1991 ; and
| 25 | | (2) a final evaluation report on the demonstration | 26 | | project, including
findings and recommendations, to the |
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| 1 | | legislature by one year after the due
date of the progress | 2 | | report.
| 3 | | (c) The Department of Human Services may from | 4 | | appropriations from the Child
Care Development Block Grant | 5 | | provide grants to family child care providers
and center based | 6 | | programs to convert and renovate existing facilities, to
the | 7 | | extent permitted by federal law, so additional family child | 8 | | care homes
and child care centers can be located in such | 9 | | facilities.
| 10 | | (1) Applications for grants shall be made to the | 11 | | Department and shall
contain information as the Department | 12 | | shall require by rule. Every
applicant shall provide | 13 | | assurance to the Department that:
| 14 | | (A) the facility to be renovated or improved shall | 15 | | be used as family
child care home or child care center | 16 | | for a continuous period of at least 5
years;
| 17 | | (B) any family child care home or child care | 18 | | center program located in
a renovated or improved | 19 | | facility shall be licensed by the Department;
| 20 | | (C) the program shall comply with applicable | 21 | | federal and State laws
prohibiting discrimination | 22 | | against any person on the basis of race, color,
| 23 | | national origin, religion, creed, or sex;
| 24 | | (D) the grant shall not be used for purposes of | 25 | | entertainment or
perquisites;
| 26 | | (E) the applicant shall comply with any other |
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| 1 | | requirement the
Department may prescribe to ensure | 2 | | adherence to applicable federal, State,
and county | 3 | | laws;
| 4 | | (F) all renovations and improvements undertaken | 5 | | with funds received
under this Section shall comply | 6 | | with all applicable State and county statutes
and | 7 | | ordinances including applicable building codes and | 8 | | structural
requirements of the Department; and
| 9 | | (G) the applicant shall indemnify and save | 10 | | harmless the State and its
officers, agents, and | 11 | | employees from and against any and all claims arising
| 12 | | out of or resulting from the renovation and | 13 | | improvements made with funds
provided by this Section, | 14 | | and, upon request of the Department, the
applicant | 15 | | shall procure sufficient insurance to provide that | 16 | | indemnification.
| 17 | | (2) To receive a grant under this Section to convert | 18 | | an existing
facility into a family child care home or | 19 | | child care center facility,
the applicant shall:
| 20 | | (A) agree to make available to
the Department of | 21 | | Human Services all records it
may have relating to the | 22 | | operation of any family child care home and child
care | 23 | | center facility, and to allow State agencies to | 24 | | monitor its
compliance with the purpose of this | 25 | | Section;
| 26 | | (B) agree that, if the facility is to be altered or |
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| 1 | | improved, or is to
be used by other groups, moneys | 2 | | appropriated by this Section shall be used
for | 3 | | renovating or improving the facility only to the | 4 | | proportionate extent
that the floor space will be used | 5 | | by the child care program; and
| 6 | | (C) establish, to the satisfaction of the | 7 | | Department that sufficient
funds are available for the | 8 | | effective use of the facility for the purpose
for | 9 | | which it is being renovated or improved.
| 10 | | (3) In selecting applicants for funding, the | 11 | | Department shall make every
effort to ensure that family | 12 | | child care home or child care center
facilities are | 13 | | equitably distributed throughout the State according to
| 14 | | demographic need. The Department shall give priority | 15 | | consideration to
rural/Downstate areas of the State that | 16 | | are currently experiencing a
shortage of child care | 17 | | services.
| 18 | | (4) In considering applications for grants to renovate | 19 | | or improve an
existing facility used for the operations of | 20 | | a family child care home or
child care center, the | 21 | | Department shall give preference to applications to
| 22 | | renovate facilities most in need of repair to address | 23 | | safety and
habitability concerns. No grant shall be | 24 | | disbursed unless an agreement is
entered into between the | 25 | | applicant and the State, by and through the
Department. | 26 | | The agreement shall include the assurances and conditions
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| 1 | | required by this Section and any other terms which the | 2 | | Department may require.
| 3 | | (Source: P.A. 99-933, eff. 1-27-17.)
| 4 | | (20 ILCS 505/5b rep.)
| 5 | | Section 10. The Children and Family Services Act is | 6 | | amended by repealing Section 5b. | 7 | | Section 15. The Department of Natural Resources Act is | 8 | | amended by changing Section 1-15 as follows:
| 9 | | (20 ILCS 801/1-15)
| 10 | | Sec. 1-15. General powers and duties.
| 11 | | (a) It shall be the duty of the Department to investigate | 12 | | practical
problems, implement studies, conduct research and | 13 | | provide assistance,
information and data relating to the | 14 | | technology and administration of
the natural history, | 15 | | entomology, zoology, and botany of this State; the geology
and | 16 | | natural resources of this State; the water and atmospheric | 17 | | resources of
this State; and the archeological and cultural | 18 | | history of this State.
| 19 | | (b) The Department (i) shall obtain, store, and process | 20 | | relevant
data; recommend technological, administrative, and | 21 | | legislative changes and
developments; cooperate with other | 22 | | federal, state, and local governmental
research agencies, | 23 | | facilities, or institutes in the selection of projects
for |
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| 1 | | study; cooperate with the Board of Higher Education and with | 2 | | the public
and private colleges and universities in this State | 3 | | in developing relevant
interdisciplinary approaches to | 4 | | problems; and evaluate curricula at all
levels
of education | 5 | | and provide assistance to instructors and (ii) may
sponsor an
| 6 | | annual
conference of leaders in government, industry, health, | 7 | | and education to
evaluate the state of this State's | 8 | | environment and natural resources.
| 9 | | (c) The Director, in accordance with the Personnel Code, | 10 | | shall employ
such personnel, provide such facilities, and | 11 | | contract for such outside services
as may be necessary to | 12 | | carry out the purposes of the Department. Maximum use
shall be | 13 | | made of existing federal and state agencies, facilities, and | 14 | | personnel
in conducting research under this Act.
| 15 | | (c-5) The Department may use the services of, and enter | 16 | | into necessary agreements with, outside entities for the | 17 | | purpose of evaluating grant applications and for the purpose | 18 | | of administering or monitoring compliance with grant | 19 | | agreements. Contracts under this subsection shall not exceed 2 | 20 | | years in length. | 21 | | (d) In addition to its other powers, the Department has | 22 | | the following
powers:
| 23 | | (1) To obtain, store, process, and provide data and | 24 | | information
related to the powers and duties of the | 25 | | Department under this Act.
This subdivision (d)(1) does | 26 | | not give authority to the Department to
require reports |
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| 1 | | from nongovernmental sources or entities.
| 2 | | (2) To cooperate with and support the Illinois Science
| 3 | | and Technology Advisory
Committee and the Illinois | 4 | | Coalition for the purpose of facilitating the
effective | 5 | | operations and activities of such entities. Support may | 6 | | include,
but need not be limited to, providing space for | 7 | | the operations of the
Committee and the Illinois | 8 | | Coalition.
| 9 | | (e) The Department is authorized to make grants to local | 10 | | not-for-profit
organizations for the purposes of development, | 11 | | maintenance and study of
wetland areas.
| 12 | | (f) The Department has the authority to accept, receive | 13 | | and administer
on behalf of the State any gifts, bequests, | 14 | | donations, income from property
rental and endowments. Any | 15 | | such funds received by the Department shall be
deposited into | 16 | | the DNR Special Projects Natural Resources Fund, a trust | 17 | | special fund which is hereby
created in the State treasury, | 18 | | and used for the purposes of this Act or,
when appropriate, for | 19 | | such purposes and under such restrictions, terms and
| 20 | | conditions as are predetermined by the donor or grantor of | 21 | | such funds or
property. Any accrued interest from money | 22 | | deposited into the DNR Special Projects Natural
Resources Fund | 23 | | shall be reinvested into the Fund and used in the same
manner | 24 | | as the principal. The Director shall maintain records which | 25 | | account
for and assure that restricted funds or property are | 26 | | disbursed or used
pursuant to the restrictions, terms or |
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| 1 | | conditions of the donor.
| 2 | | (g) The Department shall recognize, preserve, and promote | 3 | | our special
heritage of recreational hunting and trapping by | 4 | | providing opportunities to
hunt and trap in accordance with | 5 | | the Wildlife Code.
| 6 | | (h) Within 5 years after the effective date of this | 7 | | amendatory Act of the 102nd General Assembly, the Department | 8 | | shall fly a United States Flag, an Illinois flag, and a POW/MIA | 9 | | flag at all State parks. Donations may be made by groups and | 10 | | individuals to the DNR Department's Special Projects Fund for | 11 | | costs related to the implementation of this subsection. | 12 | | (Source: P.A. 102-388, eff. 1-1-22; 102-699, eff. 4-19-22.)
| 13 | | Section 20. The Department of Professional Regulation Law | 14 | | of the
Civil Administrative Code of Illinois is amended by | 15 | | changing Section 2105-300 as follows:
| 16 | | (20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
| 17 | | Sec. 2105-300. Professions Indirect Cost Fund; | 18 | | allocations;
analyses. | 19 | | (a) Appropriations for the direct and allocable indirect | 20 | | costs of licensing
and regulating each regulated profession, | 21 | | trade, occupation, or industry are intended to
be payable from | 22 | | the fees and fines that are assessed and collected from that
| 23 | | profession, trade, occupation, or industry, to the extent that | 24 | | those fees and fines are
sufficient. In any fiscal year in |
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| 1 | | which the fees and fines generated by a
specific profession, | 2 | | trade, occupation, or industry are insufficient to finance the
| 3 | | necessary direct and allocable indirect costs of licensing and | 4 | | regulating that
profession, trade,
occupation, or industry, | 5 | | the remainder of those costs shall be
financed from | 6 | | appropriations payable from revenue sources other than fees | 7 | | and
fines. The direct and allocable indirect costs of the | 8 | | Department identified in
its cost allocation plans that are | 9 | | not attributable to the licensing and
regulation of a specific | 10 | | profession, trade, or occupation, or industry or group of
| 11 | | professions, trades, occupations, or industries shall be | 12 | | financed from appropriations from
revenue sources other than | 13 | | fees and fines.
| 14 | | (b) The Professions Indirect Cost Fund is hereby created | 15 | | as a special fund
in the State Treasury. The Except as provided | 16 | | in subsection (e), the Fund may receive transfers of moneys | 17 | | authorized by
the Department from the cash balances in special
| 18 | | funds that receive revenues from the fees and fines associated | 19 | | with the
licensing of regulated professions, trades, | 20 | | occupations, and industries by the Department.
Moneys in the | 21 | | Fund shall be invested and earnings on the investments shall
| 22 | | be retained in the Fund.
Subject to appropriation, the | 23 | | Department shall use moneys in the Fund to pay
the ordinary and | 24 | | necessary allocable indirect expenses associated with each of
| 25 | | the regulated professions, trades,
occupations, and | 26 | | industries.
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| 1 | | (c) Before the beginning of each fiscal year, the | 2 | | Department shall prepare
a cost allocation analysis to be used | 3 | | in establishing the necessary
appropriation levels for each | 4 | | cost purpose and revenue source. At the
conclusion of each | 5 | | fiscal year, the Department shall prepare a cost allocation
| 6 | | analysis reflecting the extent of the variation between how | 7 | | the costs were
actually financed in that year and the planned | 8 | | cost allocation for that year.
Variations between the planned | 9 | | and actual cost allocations for the prior fiscal
year shall be | 10 | | adjusted into the Department's planned cost allocation for the
| 11 | | next fiscal year.
| 12 | | Each cost allocation analysis shall separately identify | 13 | | the direct and
allocable indirect costs of each regulated | 14 | | profession, trade, occupation, or industry and
the costs of | 15 | | the Department's general public health and safety purposes.
| 16 | | The analyses shall determine whether the direct and allocable | 17 | | indirect
costs of each regulated profession, trade,
| 18 | | occupation, or industry and the costs of the
Department's | 19 | | general public health and safety purposes are sufficiently
| 20 | | financed from their respective funding sources. The Department | 21 | | shall prepare
the cost allocation analyses in consultation | 22 | | with the respective regulated
professions, trades, | 23 | | occupations, and industries and shall make copies of the | 24 | | analyses
available to them in a timely fashion.
| 25 | | (d) The Except as provided in subsection (e), the | 26 | | Department may direct the State Comptroller and Treasurer to
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| 1 | | transfer moneys from the special funds that receive fees and | 2 | | fines associated
with regulated professions, trades, | 3 | | occupations, and industries into the Professions
Indirect Cost | 4 | | Fund in accordance with the Department's cost allocation | 5 | | analysis
plan for the applicable fiscal year. For a given | 6 | | fiscal year, the Department
shall not direct the transfer of | 7 | | moneys under this subsection from a special
fund associated | 8 | | with a specific regulated profession, trade, occupation, or | 9 | | industry (or
group of professions, trades, occupations, or | 10 | | industries) in an amount exceeding the
allocable indirect | 11 | | costs associated with that profession, trade, occupation, or | 12 | | industry
(or group of professions, trades, occupations, or | 13 | | industries) as provided in the cost
allocation analysis for | 14 | | that fiscal year and adjusted for allocation variations
from | 15 | | the prior fiscal year. No direct costs identified in the cost | 16 | | allocation
plan shall be used as a basis for transfers into the | 17 | | Professions Indirect Cost
Fund or for expenditures from the | 18 | | Fund.
| 19 | | (e) (Blank). No transfer may be made to the Professions | 20 | | Indirect Cost Fund under this Section from the Public Pension | 21 | | Regulation Fund. | 22 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 23 | | Section 25. The Department of Public Health Powers and | 24 | | Duties Law of the
Civil Administrative Code of Illinois is | 25 | | amended by changing Section 2310-130 as follows: |
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| 1 | | (20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82) | 2 | | Sec. 2310-130. Medicare or Medicaid certification fee ;
| 3 | | Health Care Facility and Program Survey
Fund . To establish and | 4 | | charge a fee to any facility or program applying to be
| 5 | | certified to participate in the Medicare
program under Title | 6 | | XVIII of the federal Social Security Act or in the Medicaid
| 7 | | program under Title XIX of the federal Social Security Act to | 8 | | cover the costs
associated with the application, inspection, | 9 | | and survey of the facility or
program and processing of the | 10 | | application. The Department shall establish
the
fee by rule, | 11 | | and the fee shall be based only on those application,
| 12 | | inspection,
and survey and processing costs not reimbursed to | 13 | | the State by the federal
government. The fee shall be paid by | 14 | | the facility or program before the
application is processed. | 15 | | The fees received by the Department under this Section | 16 | | shall be
deposited into the Long Term Care Monitor/Receiver | 17 | | Health Care Facility and Program Survey Fund , which is
hereby | 18 | | created as a special fund in the State treasury . Moneys in the | 19 | | Fund
shall be appropriated to the Department and may be used | 20 | | for any costs incurred
by the Department, including personnel | 21 | | costs, in the processing of
applications for Medicare or | 22 | | Medicaid certification. | 23 | | Beginning July 1, 2011, the Department shall employ a | 24 | | minimum of one surveyor for every 500 licensed long term care | 25 | | beds. Beginning July 1, 2012, the Department shall employ a |
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| 1 | | minimum of one surveyor for every 400 licensed long term care | 2 | | beds. Beginning July 1, 2013, the Department shall employ a | 3 | | minimum of one surveyor for every 300 licensed long term care | 4 | | beds. | 5 | | The Department shall establish a surveyor development unit | 6 | | funded from money deposited in the Long Term Care | 7 | | Monitor/Receiver Fund. | 8 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-489, eff. 1-1-12.) | 9 | | Section 30. The Illinois State Police Law of the
Civil | 10 | | Administrative Code of Illinois is amended by changing Section | 11 | | 2605-595 as follows: | 12 | | (20 ILCS 2605/2605-595) | 13 | | Sec. 2605-595. State Police Firearm Services Fund. | 14 | | (a) There is created in the State treasury a special fund | 15 | | known as the State Police Firearm Services Fund. The Fund | 16 | | shall receive revenue under the Firearm Concealed Carry Act, | 17 | | the Firearm Dealer License Certification Act, and Section 5 of | 18 | | the Firearm Owners Identification Card Act. The Fund may also | 19 | | receive revenue from grants, pass-through grants, donations, | 20 | | appropriations, and any other legal source. | 21 | | (a-5) (Blank). Notwithstanding any other provision of law | 22 | | to the contrary, and in addition to any other transfers that | 23 | | may be provided by law, on the effective date of this | 24 | | amendatory Act of the 102nd General Assembly, or as soon |
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| 1 | | thereafter as practical, the State Comptroller shall direct | 2 | | and the State Treasurer shall transfer the remaining balance | 3 | | from the Firearm Dealer License Certification Fund into the | 4 | | State Police Firearm Services Fund. Upon completion of the | 5 | | transfer, the Firearm Dealer License Certification Fund is | 6 | | dissolved, and any future deposits due to that Fund and any | 7 | | outstanding obligations or liabilities of that Fund shall pass | 8 | | to the State Police Firearm Services Fund. | 9 | | (b) The Illinois State Police may use moneys in the Fund to | 10 | | finance any of its lawful purposes, mandates, functions, and | 11 | | duties under the Firearm Owners Identification Card Act, the | 12 | | Firearm Dealer License Certification Act, and the Firearm | 13 | | Concealed Carry Act, including the cost of sending notices of | 14 | | expiration of Firearm Owner's Identification Cards, concealed | 15 | | carry licenses, the prompt and efficient processing of | 16 | | applications under the Firearm Owners Identification Card Act | 17 | | and the Firearm Concealed Carry Act, the improved efficiency | 18 | | and reporting of the LEADS and federal NICS law enforcement | 19 | | data systems, and support for investigations required under | 20 | | these Acts and law. Any surplus funds beyond what is needed to | 21 | | comply with the aforementioned purposes shall be used by the | 22 | | Illinois State Police to improve the Law Enforcement Agencies | 23 | | Data System (LEADS) and criminal history background check | 24 | | system. | 25 | | (c) Investment income that is attributable to the | 26 | | investment of moneys in the Fund shall be retained in the Fund |
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| 1 | | for the uses specified in this Section.
| 2 | | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.) | 3 | | (20 ILCS 4005/8.5 rep.) | 4 | | Section 35. The Illinois Vehicle Hijacking and Motor | 5 | | Vehicle Theft Prevention and Insurance Verification Act is | 6 | | amended by repealing Section 8.5. | 7 | | Section 40. The State Finance Act is amended by changing | 8 | | Sections 6p-1, 6p-8, 6z-82, and 8.16b and by adding Sections | 9 | | 5.991 and 5.992 as follows: | 10 | | (30 ILCS 105/5.991 new) | 11 | | Sec. 5.991. The Industrial Biotechnology Human Capital | 12 | | Fund. | 13 | | (30 ILCS 105/5.992 new) | 14 | | Sec. 5.992. The Industrial Biotechnology Capital | 15 | | Maintenance Fund.
| 16 | | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| 17 | | Sec. 6p-1.
The Technology Management Revolving Fund | 18 | | (formerly known as the Statistical Services Revolving Fund) | 19 | | shall be initially
financed by a transfer of funds from the | 20 | | General Revenue Fund. Thereafter,
all fees and other monies | 21 | | received by the Department of Innovation and Technology in |
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| 1 | | payment for information technology and related services | 2 | | rendered pursuant to subsection (e) of Section 1-15 of the | 3 | | Department of Innovation and Technology Act shall be paid
into
| 4 | | the Technology Management
Revolving Fund. All On and after | 5 | | July 1, 2017, or after sufficient moneys have been received in | 6 | | the Communications Revolving Fund to pay all Fiscal Year 2017 | 7 | | obligations payable from the Fund, whichever is later, all | 8 | | fees and other moneys received by the Department of Innovation | 9 | | and Technology Central Management Services in payment for | 10 | | communications services rendered pursuant to the Department of | 11 | | Innovation and Technology Act Central Management Services Law | 12 | | of the Civil Administrative Code of Illinois or sale of | 13 | | surplus State communications equipment shall be paid into the | 14 | | Technology Management Revolving Fund. The money in this fund | 15 | | shall be used
by the Department of Innovation and Technology | 16 | | as reimbursement for
expenditures incurred in rendering | 17 | | information technology and related services and , beginning | 18 | | July 1, 2017, as reimbursement for expenditures incurred in | 19 | | relation to communications services.
| 20 | | (Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22 .)
| 21 | | (30 ILCS 105/6p-8) | 22 | | Sec. 6p-8. Court of Claims Federal Recovery Victim | 23 | | Compensation Grant Fund. The Court of Claims Federal Recovery | 24 | | Victim Compensation Grant Fund is created as a special fund in | 25 | | the State treasury. The Fund shall consist of federal Victims |
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| 1 | | of Crime Act grant funds awarded to the Court of Claims from | 2 | | the U.S. Department of Justice, Office of Justice Programs, | 3 | | Office for Victims of Crime for the payment of claims pursuant | 4 | | to the Crime Victims Compensation Act (740 ILCS 45/). All | 5 | | moneys in the Fund shall be used for payment of claims pursuant | 6 | | to the Crime Victims Compensation Act (740 ILCS 45/). The | 7 | | General Assembly may appropriate moneys from the Court of | 8 | | Claims Federal Recovery Victim Compensation Grant Fund to the | 9 | | Court of Claims for the purpose of payment of claims pursuant | 10 | | to the Crime Victims Compensation Act (740 ILCS 45/). On July | 11 | | 1, 2023, or as soon thereafter as practical, the State | 12 | | Comptroller shall direct and the State Treasurer shall | 13 | | transfer the remaining balance from the Court of Claims | 14 | | Federal Recovery Victim Compensation Grant Fund into the Court | 15 | | of Claims Federal Grant Fund. Upon completion of the transfer, | 16 | | the Court of Claims Federal Recovery Victim Compensation Grant | 17 | | Fund is dissolved, and any future deposits due to that Fund and | 18 | | any outstanding obligations or liabilities of that Fund shall | 19 | | pass to the Court of Claims Federal Grant Fund. This Section is | 20 | | repealed on January 1, 2024.
| 21 | | (Source: P.A. 96-959, eff. 7-1-10.) | 22 | | (30 ILCS 105/6z-82) | 23 | | Sec. 6z-82. State Police Operations Assistance Fund. | 24 | | (a) There is created in the State treasury a special fund | 25 | | known as the State Police Operations Assistance Fund. The Fund |
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| 1 | | shall receive revenue under the Criminal and Traffic | 2 | | Assessment Act. The Fund may also receive revenue from grants, | 3 | | donations, appropriations, and any other legal source. | 4 | | (a-5) (Blank). Notwithstanding any other provision of law | 5 | | to the contrary, and in addition to any other transfers that | 6 | | may be provided by law, on August 20, 2021 (the effective date | 7 | | of Public Act 102-505), or as soon thereafter as practical, | 8 | | the State Comptroller shall direct and the State Treasurer | 9 | | shall transfer the remaining balance from the Over Dimensional | 10 | | Load Police Escort Fund into the State Police Operations | 11 | | Assistance Fund. Upon completion of the transfer, the Over | 12 | | Dimensional Load Police Escort 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 | | State Police Operations Assistance Fund. | 16 | | This Fund may charge, collect, and receive fees or moneys | 17 | | as described in Section 15-312 of the Illinois Vehicle Code, | 18 | | and receive all fees received by the Illinois State Police | 19 | | under that Section. The moneys shall be used by the Illinois | 20 | | State Police for its expenses in providing police escorts and | 21 | | commercial vehicle enforcement activities. | 22 | | (b) The Illinois State Police may use moneys in the Fund to | 23 | | finance any of its lawful purposes or functions. | 24 | | (c) Expenditures may be made from the Fund only as | 25 | | appropriated by the General Assembly by law. | 26 | | (d) Investment income that is attributable to the |
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| 1 | | investment of moneys in the Fund shall be retained in the Fund | 2 | | for the uses specified in this Section. | 3 | | (e) The State Police Operations Assistance Fund shall not | 4 | | be subject to administrative chargebacks.
| 5 | | (f) (Blank). | 6 | | (g) (Blank). Notwithstanding any other provision of State | 7 | | law to the contrary, on or after July 1, 2021, in addition to | 8 | | any other transfers that may be provided for by law, at the | 9 | | direction of and upon notification from the Director of the | 10 | | Illinois State Police, the State Comptroller shall direct and | 11 | | the State Treasurer shall transfer amounts not exceeding | 12 | | $7,000,000 into the State Police Operations Assistance Fund | 13 | | from the State Police Services Fund. | 14 | | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | 15 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 16 | | (30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
| 17 | | Sec. 8.16b.
Appropriations for expenses related to
| 18 | | communications services pursuant to
the Civil Administrative | 19 | | Code of Illinois are payable from the Technology Management
| 20 | | Communications Revolving Fund. However, no contract shall be
| 21 | | entered into or obligation incurred for any expenditure from
| 22 | | the Technology Management Communications Revolving Fund until | 23 | | after the purpose and
amount has been approved in writing by | 24 | | the Secretary of Innovation and Technology.
| 25 | | (Source: P.A. 100-611, eff. 7-20-18.)
|
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| 1 | | (30 ILCS 105/5.287 rep.)
| 2 | | (30 ILCS 105/5.665 rep.)
| 3 | | (30 ILCS 105/5.730 rep.) | 4 | | (30 ILCS 105/5.749 rep.) | 5 | | (30 ILCS 105/5.759 rep.)
| 6 | | (30 ILCS 105/5.823 rep.)
| 7 | | (30 ILCS 105/6p-2 rep.)
| 8 | | Section 45. The State Finance Act is amended by repealing | 9 | | Sections 5.287, 5.665, 5.730, 5.749, 5.759, 5.823, and 6p-2. | 10 | | Section 50. The State Property Control Act is amended by | 11 | | changing Section 7c as follows: | 12 | | (30 ILCS 605/7c) | 13 | | Sec. 7c. Acquisition of Illinois State Police vehicles. | 14 | | (a) The State Police Vehicle Fund is created as a special | 15 | | fund in the State treasury. All moneys in the Fund, subject to | 16 | | appropriation, shall be used by the Illinois State Police: | 17 | | (1) for the acquisition of vehicles for the Illinois | 18 | | State Police; | 19 | | (2) for debt service on bonds issued to finance the | 20 | | acquisition of vehicles for the Illinois State Police; or
| 21 | | (3) for the maintenance and operation of vehicles for | 22 | | the Illinois State Police. | 23 | | (b) (Blank). Notwithstanding any other provision of law to |
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| 1 | | the contrary, and in addition to any other transfers that may | 2 | | be provided by law, on August 20, 2021 (the effective date of | 3 | | Public Act 102-505), or as soon thereafter as practicable, the | 4 | | State Comptroller shall direct and the State Treasurer shall | 5 | | transfer the remaining balance from the State Police Vehicle | 6 | | Maintenance Fund into the State Police Vehicle Fund. Upon | 7 | | completion of the transfer, the State Police Vehicle | 8 | | Maintenance Fund is dissolved, and any future deposits due to | 9 | | that Fund and any outstanding obligations or liabilities of | 10 | | that Fund shall pass to the State Police Vehicle Fund. | 11 | | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | 12 | | 102-813, eff. 5-13-22.) | 13 | | Section 55. The Emergency Medical Services (EMS) Systems | 14 | | Act is amended by changing Sections 3.86, 3.116, and 3.220 as | 15 | | follows: | 16 | | (210 ILCS 50/3.86) | 17 | | Sec. 3.86. Stretcher van providers. | 18 | | (a) In this Section, "stretcher van provider" means an | 19 | | entity licensed by the Department to provide non-emergency | 20 | | transportation of passengers on a stretcher in compliance with | 21 | | this Act or the rules adopted by the Department pursuant to | 22 | | this Act, utilizing stretcher vans. | 23 | | (b) The Department has the authority and responsibility to | 24 | | do the following: |
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| 1 | | (1) Require all stretcher van providers, both publicly | 2 | | and privately owned, to be licensed by the Department. | 3 | | (2) Establish licensing and safety standards and | 4 | | requirements for stretcher van providers, through rules | 5 | | adopted pursuant to this Act, including but not limited | 6 | | to: | 7 | | (A) Vehicle design, specification, operation, and | 8 | | maintenance standards. | 9 | | (B) Safety equipment requirements and standards. | 10 | | (C) Staffing requirements. | 11 | | (D) Annual license renewal. | 12 | | (3) License all stretcher van providers that have met | 13 | | the Department's requirements for licensure. | 14 | | (4) Annually inspect all licensed stretcher van | 15 | | providers, and relicense providers that have met the | 16 | | Department's requirements for license renewal. | 17 | | (5) Suspend, revoke, refuse to issue, or refuse to | 18 | | renew the license of any stretcher van provider, or that | 19 | | portion of a license pertaining to a specific vehicle | 20 | | operated by a provider, after an opportunity for a | 21 | | hearing, when findings show that the provider or one or | 22 | | more of its vehicles has failed to comply with the | 23 | | standards and requirements of this Act or the rules | 24 | | adopted by the Department pursuant to this Act. | 25 | | (6) Issue an emergency suspension order for any | 26 | | provider or vehicle licensed under this Act when the |
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| 1 | | Director or his or her designee has determined that an | 2 | | immediate or serious danger to the public health, safety, | 3 | | and welfare exists. Suspension or revocation proceedings | 4 | | that offer an opportunity for a hearing shall be promptly | 5 | | initiated after the emergency suspension order has been | 6 | | issued. | 7 | | (7) Prohibit any stretcher van provider from | 8 | | advertising, identifying its vehicles, or disseminating | 9 | | information in a false or misleading manner concerning the | 10 | | provider's type and level of vehicles, location, response | 11 | | times, level of personnel, licensure status, or EMS System | 12 | | participation. | 13 | | (8) Charge each stretcher van provider a fee, to be | 14 | | submitted with each application for licensure and license | 15 | | renewal. | 16 | | (c) A stretcher van provider may provide transport of a | 17 | | passenger on a stretcher, provided the passenger meets all of | 18 | | the following requirements: | 19 | | (1) (Blank). | 20 | | (2) He or she needs no medical monitoring or clinical | 21 | | observation. | 22 | | (3) He or she needs routine transportation to or from | 23 | | a medical appointment or service if the passenger is | 24 | | convalescent or otherwise bed-confined and does not | 25 | | require clinical observation, aid, care, or treatment | 26 | | during transport. |
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| 1 | | (d) A stretcher van provider may not transport a passenger | 2 | | who meets any of the following conditions: | 3 | | (1) He or she is being transported to a hospital for | 4 | | emergency medical treatment. | 5 | | (2) He or she is experiencing an emergency medical | 6 | | condition or needs active medical monitoring, including | 7 | | isolation precautions, supplemental oxygen that is not | 8 | | self-administered, continuous airway management, | 9 | | suctioning during transport, or the administration of | 10 | | intravenous fluids during transport. | 11 | | (e) (Blank). The Stretcher Van Licensure Fund is created | 12 | | as a special fund within the State treasury. All fees received | 13 | | by the Department in connection with the licensure of | 14 | | stretcher van providers under this Section shall be deposited | 15 | | into the fund. Moneys in the fund shall be subject to | 16 | | appropriation to the Department for use in implementing this | 17 | | Section.
| 18 | | (Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11; | 19 | | 97-689, eff. 6-14-12.) | 20 | | (210 ILCS 50/3.116) | 21 | | Sec. 3.116. Hospital Stroke Care; definitions. As used in | 22 | | Sections 3.116 through 3.119, 3.130, and 3.200 , and 3.226 of | 23 | | this Act: | 24 | | "Acute Stroke-Ready Hospital" means a hospital that has | 25 | | been designated by the Department as meeting the criteria for |
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| 1 | | providing emergent stroke care. Designation may be provided | 2 | | after a hospital has been certified or through application and | 3 | | designation as such. | 4 | | "Certification" or "certified" means certification, using | 5 | | evidence-based standards, from a nationally recognized | 6 | | certifying body approved by the Department. | 7 | | "Comprehensive Stroke Center" means a hospital that has | 8 | | been certified and has been designated as such. | 9 | | "Designation" or "designated" means the Department's | 10 | | recognition of a hospital as a Comprehensive Stroke Center, | 11 | | Primary Stroke Center, or Acute Stroke-Ready Hospital. | 12 | | "Emergent stroke care" is emergency medical care that | 13 | | includes diagnosis and emergency medical treatment of acute | 14 | | stroke patients. | 15 | | "Emergent Stroke Ready Hospital" means a hospital that has | 16 | | been designated by the Department as meeting the criteria for | 17 | | providing emergent stroke care. | 18 | | "Primary Stroke Center" means a hospital that has been | 19 | | certified by a Department-approved, nationally recognized | 20 | | certifying body and designated as such by the Department. | 21 | | "Regional Stroke Advisory Subcommittee" means a | 22 | | subcommittee formed within each Regional EMS Advisory | 23 | | Committee to advise the Director and the Region's EMS Medical | 24 | | Directors Committee on the triage, treatment, and transport of | 25 | | possible acute stroke patients and to select the Region's | 26 | | representative to the State Stroke Advisory Subcommittee. At |
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| 1 | | minimum, the Regional Stroke Advisory Subcommittee shall | 2 | | consist of: one representative from the EMS Medical Directors | 3 | | Committee; one EMS coordinator from a Resource Hospital; one | 4 | | administrative representative or his or her designee from each | 5 | | level of stroke care, including Comprehensive Stroke Centers | 6 | | within the Region, if any, Primary Stroke Centers within the | 7 | | Region, if any, and Acute Stroke-Ready Hospitals within the | 8 | | Region, if any; one physician from each level of stroke care, | 9 | | including one physician who is a neurologist or who provides | 10 | | advanced stroke care at a Comprehensive Stroke Center in the | 11 | | Region, if any, one physician who is a neurologist or who | 12 | | provides acute stroke care at a Primary Stroke Center in the | 13 | | Region, if any, and one physician who provides acute stroke | 14 | | care at an Acute Stroke-Ready Hospital in the Region, if any; | 15 | | one nurse practicing in each level of stroke care, including | 16 | | one nurse from a Comprehensive Stroke Center in the Region, if | 17 | | any, one nurse from a Primary Stroke Center in the Region, if | 18 | | any, and one nurse from an Acute Stroke-Ready Hospital in the | 19 | | Region, if any; one representative from both a public and a | 20 | | private vehicle service provider that transports possible | 21 | | acute stroke patients within the Region; the State-designated | 22 | | regional EMS Coordinator; and a fire chief or his or her | 23 | | designee from the EMS Region, if the Region serves a | 24 | | population of more than 2,000,000. The Regional Stroke | 25 | | Advisory Subcommittee shall establish bylaws to ensure equal | 26 | | membership that rotates and clearly delineates committee |
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| 1 | | responsibilities and structure. Of the members first | 2 | | appointed, one-third shall be appointed for a term of one | 3 | | year, one-third shall be appointed for a term of 2 years, and | 4 | | the remaining members shall be appointed for a term of 3 years. | 5 | | The terms of subsequent appointees shall be 3 years. | 6 | | "State Stroke Advisory Subcommittee" means a standing | 7 | | advisory body within the State Emergency Medical Services | 8 | | Advisory Council.
| 9 | | (Source: P.A. 102-687, eff. 12-17-21.)
| 10 | | (210 ILCS 50/3.220)
| 11 | | Sec. 3.220. EMS Assistance Fund.
| 12 | | (a) There is hereby created an "EMS Assistance
Fund" | 13 | | within the State treasury, for the purpose of receiving
fines | 14 | | and fees collected by the Illinois Department of
Public Health | 15 | | pursuant to this Act.
| 16 | | (b) (Blank).
| 17 | | (b-5) All licensing, testing, and certification fees | 18 | | authorized by this Act, excluding ambulance licensure fees, | 19 | | within this fund shall be used by the Department for | 20 | | administration, oversight, and enforcement of activities | 21 | | authorized under this Act. | 22 | | (c) All other moneys within this fund shall be
distributed | 23 | | by the Department to the EMS Regions for
disbursement in | 24 | | accordance with protocols established in the
EMS Region Plans, | 25 | | for the purposes of organization,
development and improvement |
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| 1 | | of Emergency Medical Services
Systems, including but not | 2 | | limited to training of personnel
and acquisition, modification | 3 | | and maintenance of necessary
supplies, equipment and vehicles.
| 4 | | (d) All fees and fines collected pursuant to this
Act | 5 | | shall be deposited into the EMS Assistance Fund , except that | 6 | | all fees collected under Section 3.86 in connection with the | 7 | | licensure of stretcher van providers shall be deposited into | 8 | | the Stretcher Van Licensure Fund .
| 9 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 10 | | (210 ILCS 50/3.226 rep.) | 11 | | Section 60. The Emergency Medical Services (EMS) Systems | 12 | | Act is amended by repealing Section 3.226. | 13 | | (225 ILCS 728/27 rep.) | 14 | | Section 65. The Illinois Petroleum Education and Marketing | 15 | | Act is amended by repealing Section 27. | 16 | | Section 70. The Illinois Public Aid Code is amended by | 17 | | changing Section 12-10 as follows:
| 18 | | (305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
| 19 | | Sec. 12-10. DHS Special Purposes Trust Fund; uses. The DHS | 20 | | Special
Purposes Trust Fund, to be held outside the State | 21 | | Treasury by the State
Treasurer as ex-officio custodian, shall | 22 | | consist of (1) any federal grants
received under Section |
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| 1 | | 12-4.6 that are not required by Section 12-5 to be paid
into | 2 | | the General Revenue Fund or transferred into the Local | 3 | | Initiative Fund
under Section 12-10.1 or deposited in the | 4 | | Employment and Training Fund under
Section 12-10.3 or in the | 5 | | special account established and maintained in that
Fund as | 6 | | provided
in that Section ; (2) grants, gifts or legacies of | 7 | | moneys or securities
received under Section 12-4.18; (3) | 8 | | grants received under Section 12-4.19; and
(4) funds for child | 9 | | care and development services that are not deposited into the | 10 | | Employment and Training Fund under Section 12-10.3 . | 11 | | Disbursements from this
Fund shall be only for the purposes | 12 | | authorized by the aforementioned Sections.
| 13 | | Disbursements from this Fund shall be by warrants drawn by | 14 | | the State
Comptroller on receipt of vouchers duly executed and | 15 | | certified by the Illinois
Department of Human Services, | 16 | | including payment to the Health Insurance
Reserve Fund for | 17 | | group insurance costs at the rate certified by the Department
| 18 | | of Central Management Services. | 19 | | In addition to any other transfers that may be provided | 20 | | for by law, the State Comptroller shall direct and the State | 21 | | Treasurer shall transfer from the DHS Special Purposes Trust | 22 | | Fund into the Governor's Grant Fund such amounts as may be | 23 | | directed in writing by the Secretary of Human Services.
| 24 | | In addition to any other transfers that may be provided | 25 | | for by law, the State Comptroller shall direct and the State | 26 | | Treasurer shall transfer from the DHS Special Purposes Trust |
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| 1 | | Fund into the Employment and Training fund such amounts as may | 2 | | be directed in writing by the Secretary of Human Services.
| 3 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
| 4 | | Section 75. The Medicaid Technical Assistance Act is | 5 | | amended by changing Sections 185-20 and 185-25 as follows: | 6 | | (305 ILCS 75/185-20)
| 7 | | Sec. 185-20. Federal financial participation. The | 8 | | Department of Healthcare and Family Services, to the extent | 9 | | allowable under federal law, shall maximize federal financial | 10 | | participation for any moneys appropriated to the Department | 11 | | for the Medicaid Technical Assistance Center. Any federal | 12 | | financial participation funds obtained in accordance with this | 13 | | Section shall be used for the further development and | 14 | | expansion of the Medicaid Technical Assistance Center. All | 15 | | federal financial participation funds obtained under this | 16 | | subsection shall be deposited into the Medicaid Technical | 17 | | Assistance Center Fund created under Section 185-25 25 .
| 18 | | (Source: P.A. 102-4, eff. 4-27-21.) | 19 | | (305 ILCS 75/185-25)
| 20 | | Sec. 185-25. Medicaid Technical Assistance Center Fund. | 21 | | The Medicaid Technical Assistance Center Fund is created as a | 22 | | special fund in the State treasury. The Fund shall consist of | 23 | | any moneys appropriated to the Department of Healthcare and |
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| 1 | | Family Services for the purposes of this Act and any federal | 2 | | financial participation funds obtained as provided under | 3 | | Section 185-20 20 . Subject to appropriation, moneys in the | 4 | | Fund shall be used for carrying out the purposes of this Act | 5 | | and for no other purpose. All interest earned on the moneys in | 6 | | the Fund shall be deposited into the Fund.
| 7 | | (Source: P.A. 102-4, eff. 4-27-21.) | 8 | | Section 80. The Environmental Protection Act is amended by | 9 | | changing Section 55.6a as follows:
| 10 | | (415 ILCS 5/55.6a)
| 11 | | Sec. 55.6a. Emergency Public Health Fund.
| 12 | | (a) Moneys Beginning on July 1, 2003, moneys in the | 13 | | Emergency Public
Health Fund, subject to appropriation, shall | 14 | | be allocated annually as follows:
(i) $300,000
to the | 15 | | University of Illinois for the purposes described in
Section | 16 | | 55.6(c)(6) and (ii) subject to subsection (b) of this Section, | 17 | | all
remaining amounts to the Department of Public
Health to be | 18 | | used to make vector control grants and surveillance grants
to | 19 | | the Cook County Department of Public Health (for areas of the | 20 | | County
excluding the City of Chicago), to the City of Chicago | 21 | | health department, and
to other certified local health | 22 | | departments. These grants shall be used for
expenses
related | 23 | | to West Nile Virus and other vector-borne diseases. The amount | 24 | | of
each grant shall be based on population and need as |
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| 1 | | supported by information
submitted to the Department of Public | 2 | | Health. For the purposes of this
Section, need shall be | 3 | | determined by the Department based primarily upon
surveillance | 4 | | data and the number of positive human cases of West Nile Virus | 5 | | and
other vector-borne
diseases occurring during the preceding | 6 | | year and current year in the county or
municipality seeking | 7 | | the grant.
| 8 | | (b) (Blank). Beginning on July 31, 2003, on the last day of | 9 | | each month, the State
Comptroller shall order transferred and | 10 | | the State Treasurer shall transfer
the fees collected in the | 11 | | previous month pursuant to item (1.5) of
subsection (a) of | 12 | | Section 55.8 from the Emergency Public Health Fund to the
| 13 | | Communications Revolving Fund. These transfers shall continue | 14 | | until the
cumulative total of the transfers is $3,000,000.
| 15 | | (Source: P.A. 100-327, eff. 8-24-17.)
| 16 | | Section 85. The Electric Vehicle Rebate Act is amended by | 17 | | changing Section 40 as follows:
| 18 | | (415 ILCS 120/40)
| 19 | | Sec. 40. Appropriations from the Electric Vehicle Rebate | 20 | | Fund.
| 21 | | (a) User Fees Funds. The Agency shall estimate the amount | 22 | | of user fees
expected to be collected under Section 35 of this | 23 | | Act for each fiscal
year. User fee funds shall be
deposited | 24 | | into and distributed from the Electric Vehicle Rebate |
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| 1 | | Alternate Fuels Fund in the following
manner:
| 2 | | (1) An In each of fiscal years 1999, 2000, 2001, 2002, | 3 | | and 2003,
an amount not to exceed $200,000, and beginning | 4 | | in fiscal year 2004 an
annual amount not to exceed | 5 | | $225,000 , may be appropriated to the Agency
from the | 6 | | Electric Vehicle Rebate Alternate Fuels Fund to pay its | 7 | | costs of administering the programs
authorized by Section | 8 | | 27 of this Act. An Up to $200,000 may be appropriated to
| 9 | | the Office of the Secretary of State in each of fiscal | 10 | | years 1999, 2000, 2001, 2002, and 2003 from the Alternate | 11 | | Fuels Fund to pay the Secretary
of State's costs of | 12 | | administering the programs authorized under this Act.
| 13 | | Beginning in fiscal year 2004 and in each fiscal year | 14 | | thereafter, an amount
not to exceed $225,000 may be | 15 | | appropriated to the Secretary of State from the Electric | 16 | | Vehicle Rebate
Alternate Fuels Fund to pay the Secretary | 17 | | of State's costs of administering the
programs authorized | 18 | | under this Act.
| 19 | | (2) In fiscal year 2022 and each fiscal year | 20 | | thereafter, after appropriation of
the amounts authorized | 21 | | by item (1) of subsection (a) of this Section, the
| 22 | | remaining moneys estimated to be
collected during each | 23 | | fiscal year shall be appropriated.
| 24 | | (3) (Blank).
| 25 | | (4) Moneys appropriated to fund the programs | 26 | | authorized
in Sections 25 and 30 shall be expended only |
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| 1 | | after they have been
collected and deposited into the | 2 | | Electric Vehicle Rebate Alternate Fuels Fund.
| 3 | | (b) General Revenue Fund Appropriations. General Revenue | 4 | | Fund amounts
appropriated to and deposited into the Electric | 5 | | Vehicle Rebate Fund shall be
distributed from the Electric | 6 | | Vehicle Rebate Fund to fund the program authorized in Section | 7 | | 27.
| 8 | | (Source: P.A. 102-662, eff. 9-15-21.)
| 9 | | Section 90. The Cigarette Fire Safety Standard Act is | 10 | | amended by changing Section 45 as follows: | 11 | | (425 ILCS 8/45)
| 12 | | Sec. 45. Penalties.
| 13 | | (a) Any manufacturer, wholesale dealer, agent, or other | 14 | | person or entity who knowingly sells cigarettes wholesale in | 15 | | violation of item (3) of subsection (a) of Section 10 of this | 16 | | Act shall be subject to a civil penalty not to exceed $10,000 | 17 | | for each sale of the cigarettes. Any retail dealer who | 18 | | knowingly sells cigarettes in violation of Section 10 of this | 19 | | Act shall be subject to the following: (i) a civil penalty not | 20 | | to exceed $500 for each sale or offer for sale of cigarettes, | 21 | | provided that the total number of cigarettes sold or offered | 22 | | for sale in such sale does not exceed 1,000 cigarettes; (ii) a | 23 | | civil penalty not to exceed $1,000 for each sale or offer for | 24 | | sale of the cigarettes, provided that the total number of |
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| 1 | | cigarettes sold or offered for sale in such sale exceeds 1,000 | 2 | | cigarettes. | 3 | | (b) In addition to any penalty prescribed by law, any | 4 | | corporation, partnership, sole proprietor, limited | 5 | | partnership, or association engaged in the manufacture of | 6 | | cigarettes that knowingly makes a false certification pursuant | 7 | | to Section 30 of this Act shall be subject to a civil penalty | 8 | | not to exceed $10,000 for each false certification. | 9 | | (c) Upon discovery by the Office of the State Fire | 10 | | Marshal, the Department of Revenue, the Office of the Attorney | 11 | | General, or a law enforcement agency that any person offers, | 12 | | possesses for sale, or has made a sale of cigarettes in | 13 | | violation of Section 10 of this Act, the Office of the State | 14 | | Fire Marshal, the Department of Revenue, the Office of the | 15 | | Attorney General, or the law enforcement agency may seize | 16 | | those cigarettes possessed in violation of this Act. | 17 | | (d) All The Cigarette Fire Safety Standard Act Fund is | 18 | | established as a special fund in the State treasury. The Fund | 19 | | shall consist of all moneys recovered by the Attorney General | 20 | | from the assessment of civil penalties authorized by this | 21 | | Section shall be deposited into the General Revenue Fund . The | 22 | | moneys in the Fund shall, in addition to any moneys made | 23 | | available for such purpose, be available, subject to | 24 | | appropriation, to the Office of the State Fire Marshal for the | 25 | | purpose of fire safety and prevention programs.
| 26 | | (e) (Blank). Notwithstanding any other provision of law, |
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| 1 | | in addition to any other transfers that may be provided by law, | 2 | | on July 1, 2016, or as soon thereafter as practical, the State | 3 | | Comptroller shall direct and the State Treasurer shall | 4 | | transfer the remaining balance from the Cigarette Fire Safety | 5 | | Standard Act Fund into the General Revenue Fund. Upon | 6 | | completion of the transfers, the Cigarette Fire Safety | 7 | | Standard Act Fund is dissolved, and any future deposits due to | 8 | | that Fund and any outstanding obligations or liabilities of | 9 | | that Fund pass to the General Revenue Fund. | 10 | | (Source: P.A. 99-576, eff. 7-15-16.) | 11 | | Section 95. The Herptiles-Herps Act is amended by changing | 12 | | Sections 5-20, 10-40, 20-30, 25-30, 55-5, 65-5, 90-5, 105-35, | 13 | | 105-55, and 105-75 as follows: | 14 | | (510 ILCS 68/5-20) | 15 | | Sec. 5-20. Propagation of endangered or threatened | 16 | | species. | 17 | | (a) No person shall take or possess for the purpose of | 18 | | propagation any of the herptiles listed in the Illinois | 19 | | Endangered Species Protection Act, the federal Endangered | 20 | | Species Act of 1973, or administrative rules unless authorized | 21 | | by a Herptile Endangered and Threatened Species Propagation | 22 | | permit issued by the Department. For the purpose of | 23 | | propagation only, a Herptile Endangered and Threatened Species | 24 | | Propagation permit shall allow a resident of this State to |
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| 1 | | possess, propagate, or sell legally obtained endangered and | 2 | | threatened herptiles.
The Department shall adopt rules | 3 | | relating to the acquisition, possession, and propagation of | 4 | | legally obtained endangered and threatened herptiles. The | 5 | | Department shall determine, by rule, the application, fees, | 6 | | duration, and other requirements necessary for the issuance or | 7 | | suspension or revocation of a Herptile Endangered and | 8 | | Threatened Species Propagation permit. All fees collected from | 9 | | the issuance of a Herptile Endangered and Threatened Species | 10 | | Propagation permit shall be deposited into the Illinois | 11 | | Wildlife Preservation Fund.
| 12 | | (b) Any person issued a Herptile Endangered and Threatened | 13 | | Species Propagation permit by the Department who is in | 14 | | possession of a threatened or endangered (T/E) herptile | 15 | | species shall be exempt from an individual's overall | 16 | | possession limit under the permitting system set forth in this | 17 | | Act. However, the holder of a Herptile Endangered and | 18 | | Threatened Species Propagation permit is not exempt from the | 19 | | species limitations set forth in the administrative rules | 20 | | regarding the Herptile Endangered and Threatened Species | 21 | | Propagation permit. Any species occurring on the federal T/E | 22 | | list also requires a Department permit for possession, | 23 | | propagation, sale, or offer for sale unless otherwise | 24 | | permitted under this Act or administrative rule.
| 25 | | (c) (Blank).
| 26 | | (d) Federally licensed exhibits shall not be exempt from |
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| 1 | | the Illinois Endangered Species Protection Act, this Act, or | 2 | | administrative rule.
| 3 | | (e) Any changes in threatened or endangered species | 4 | | inventory for herptiles by current, existing Herptile | 5 | | Endangered and Threatened Species Propagation permit holders | 6 | | shall be reported to the Department in writing no later than | 7 | | the first business day after that change occurred. | 8 | | Applications for permits to possess and take herptiles shall | 9 | | be reviewed by the Department as provided by this Act or | 10 | | administrative rule.
| 11 | | (f) (Blank).
| 12 | | (g) (Blank). | 13 | | (h) (Blank).
| 14 | | (i) (Blank).
| 15 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 16 | | (510 ILCS 68/10-40) | 17 | | Sec. 10-40. Additional regulations. Venomous reptiles | 18 | | shall not be bred, sold, or offered for sale within this State. | 19 | | The Department may approve limited transfers among existing | 20 | | permittees as set forth in administrative rule. | 21 | | As determined by the Department, non-residents may apply | 22 | | for a permit not to exceed 15 consecutive days to use venomous | 23 | | reptiles in bona fide educational programs. The fee for the | 24 | | permit shall be set by administrative rule, and all fees shall | 25 | | be deposited into the Illinois Wildlife Preservation Fund.
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| 1 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 2 | | (510 ILCS 68/20-30) | 3 | | Sec. 20-30. Additional regulations. Crocodilians shall not | 4 | | be bred, sold, or offered for sale within this State. However, | 5 | | the Department may approve, by rule, limited
transfers among | 6 | | existing permittees. | 7 | | As determined by the Department through administrative | 8 | | rule, non-residents may apply for a permit not to exceed 15 | 9 | | consecutive days to use crocodilians in bona fide educational | 10 | | programs. The fee for this permit shall be set by | 11 | | administrative rule, and all fees shall be deposited into the | 12 | | Illinois Wildlife Preservation Fund.
| 13 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 14 | | (510 ILCS 68/25-30) | 15 | | Sec. 25-30. Additional regulations. Monitor lizards shall | 16 | | not be bred, sold, or offered for sale within this State.
| 17 | | However, the Department may approve, by rule, limited | 18 | | transfers among existing permittees. | 19 | | As determined by the Department, non-residents may apply | 20 | | for a permit not to exceed 15 consecutive days to use monitor | 21 | | lizards in bona fide educational programs. The fee for the | 22 | | permit shall be set by administrative rule, and all fees shall | 23 | | be deposited into the Illinois Wildlife Preservation Fund.
| 24 | | (Source: P.A. 102-315, eff. 1-1-22 .) |
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| 1 | | (510 ILCS 68/55-5) | 2 | | Sec. 55-5. Permit application and fees. An applicant for | 3 | | a Herpetoculture permit must file an application with the | 4 | | Department on a form provided by the Department. The | 5 | | application must include all information and requirements as | 6 | | set forth by administrative rule. The application for these | 7 | | permits shall be reviewed by the Department to determine if a | 8 | | permit will be issued.
| 9 | | An annual permit renewal must be accompanied by a | 10 | | non-refundable fee as set by the Department. The annual fee | 11 | | for a residential Herpetoculture permit shall be set by | 12 | | administrative rule. The Department shall adopt, by | 13 | | administrative rule, any additional procedures for the renewal | 14 | | of a Herpetoculture permit. All fees shall be deposited into | 15 | | the Illinois Wildlife Preservation Fund.
| 16 | | As determined by administrative rule, non-residents may | 17 | | apply for a permit not to exceed 15 consecutive days to | 18 | | commercialize herptiles indigenous to this State as outlined | 19 | | in this Article. The application, procedures, and fee for the | 20 | | permit and permit renewal shall be set by administrative rule, | 21 | | and all fees shall be deposited into the Illinois Wildlife | 22 | | Preservation Fund.
| 23 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 24 | | (510 ILCS 68/65-5) |
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| 1 | | Sec. 65-5. Permit application and fees. An applicant for a | 2 | | Herptile Special Use permit must file an application with the | 3 | | Department on a form provided by the Department. The | 4 | | application must include all information and requirements as | 5 | | set forth by administrative rule.
| 6 | | The annual fee for a residential Herptile Special Use | 7 | | permit shall be set by administrative rule. The Herptile | 8 | | Special Use permit shall not be based on the number of special | 9 | | use herptile kept by an owner or possessor. All fees shall be | 10 | | deposited into the Illinois Wildlife Preservation Fund.
| 11 | | The Department shall adopt, by administrative rule, | 12 | | procedures for the renewal of annual Herptile Special Use | 13 | | permits. | 14 | | Any person possessing and in legal possession of a special | 15 | | use herptile as stipulated in this Article that no longer | 16 | | wishes to keep the herptile may be assisted by the Department, | 17 | | at no charge to them and without prosecution, to place the | 18 | | special use herptile in a new home, within 30 days after the | 19 | | effective date of this Act. | 20 | | The Department may issue a Limited Entry permit to an | 21 | | applicant who: (i) is not a resident of this State; (ii) | 22 | | complies with the requirements of this Act and all rules | 23 | | adopted by the Department under the authority of this Act; | 24 | | (iii) provides proof to the Department that he or she shall, | 25 | | during the permit term, maintain sufficient liability | 26 | | insurance coverage; (iv) pays to the Department, along with |
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| 1 | | each application for a Limited Entry permit, a non-refundable | 2 | | fee as set by administrative rule, which the Department shall | 3 | | deposit into the Illinois Wildlife Preservation Fund; and (v) | 4 | | uses the herptile for an activity authorized in the Limited | 5 | | Entry permit. A Limited Entry permit shall be valid for not | 6 | | more than 15 consecutive days.
The application, review, and | 7 | | procedures to obtain or renew a Limited Entry permit shall be | 8 | | set by administrative rule.
| 9 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 10 | | (510 ILCS 68/90-5) | 11 | | Sec. 90-5. Penalties. | 12 | | (a) Unless otherwise stated in this Act, a violation of | 13 | | this Act is a Class A misdemeanor. | 14 | | (b) A person who violates Article 85 of this Act is guilty | 15 | | of a Class A misdemeanor for a first offense and a Class 4 | 16 | | felony for a second or subsequent offense. | 17 | | (c) A person who violates Article 75 of this Act is guilty | 18 | | of a Class B misdemeanor. A violation of the record keeping | 19 | | requirement for each individual special use herptile | 20 | | constitutes a separate offense. | 21 | | (d) Any person who takes, possesses, captures, kills, or | 22 | | disposes of any herptile protected under this Act in violation | 23 | | of this Act is guilty of a Class B misdemeanor unless otherwise | 24 | | stated in this Act. | 25 | | (e) All fines and penalties collected under the authority |
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| 1 | | of this Act or its administrative rules shall be deposited | 2 | | into the Illinois Wildlife Preservation Fund.
| 3 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 4 | | (510 ILCS 68/105-35) | 5 | | Sec. 105-35. Collection of fines. All fines provided for | 6 | | by this Act shall be collected and remitted to the Illinois | 7 | | Department's Wildlife Preservation Fund, within 30 days after | 8 | | the collection of the fine, by the clerk of the circuit court | 9 | | collecting the fines who shall submit at the same time to the | 10 | | Department a statement of the names of the persons so fined and | 11 | | the name of the arresting officer, the offense committed, the | 12 | | amount of the fine, and the date of the conviction.
| 13 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 14 | | (510 ILCS 68/105-55) | 15 | | Sec. 105-55. Illegal collecting devices; public nuisance. | 16 | | Every collecting device, including seines, nets, traps, | 17 | | pillowcases, bags, snake hooks or tongs, or any electrical | 18 | | device or any other devices including vehicles or conveyance, | 19 | | watercraft, or aircraft used or operated illegally or | 20 | | attempted to be used or operated illegally by any person in | 21 | | taking, transporting, holding, or conveying any herptile life | 22 | | or any part or parts of a herptile, contrary to this Act, | 23 | | including administrative rules, shall be deemed a public | 24 | | nuisance and therefore illegal and subject to seizure and |
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| 1 | | confiscation by any authorized employee of the Department. | 2 | | Upon the seizure of this item, the Department shall take and | 3 | | hold the item until disposed of as provided in this Act. | 4 | | Upon the seizure of any device because of its illegal use, | 5 | | the officer or authorized employee of the Department making | 6 | | the seizure shall, as soon as reasonably possible, cause a | 7 | | complaint to be filed before the circuit court and a summons to | 8 | | be issued requiring the owner or person in possession of the | 9 | | property to appear in court and show cause why the device | 10 | | seized should not be forfeited to the State. Upon the return of | 11 | | the summons duly served or upon posting or publication of | 12 | | notice as provided in this Act, the court shall proceed to | 13 | | determine the question of the illegality of the use of the | 14 | | seized property. Upon judgment being entered that the property | 15 | | was illegally used, an order shall be entered providing for | 16 | | the forfeiture of the seized property to the State. The owner | 17 | | of the property may have a jury determine the illegality of its | 18 | | use and shall have the right of an appeal as in other civil | 19 | | cases. Confiscation or forfeiture shall not preclude or | 20 | | mitigate against prosecution and assessment of penalties | 21 | | provided in this Act. | 22 | | Upon seizure of any property under circumstances | 23 | | supporting a reasonable belief that the property was | 24 | | abandoned, lost, stolen, or otherwise illegally possessed or | 25 | | used contrary to this Act, except property seized during a | 26 | | search or arrest, and ultimately returned, destroyed, or |
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| 1 | | otherwise disposed of under order of a court in accordance | 2 | | with this Act, the authorized employee of the Department shall | 3 | | make reasonable inquiry and efforts to identify and notify the | 4 | | owner or other person entitled to possession of the property | 5 | | and shall return the property after the person provides | 6 | | reasonable and satisfactory proof of his or her ownership or | 7 | | right to possession and reimburses the Department for all | 8 | | reasonable expenses of custody. If the identity or location of | 9 | | the owner or other person entitled to possession of the | 10 | | property has not been ascertained within 6 months after the | 11 | | Department obtains possession, the Department shall effectuate | 12 | | the sale of the property for cash to the highest bidder at a | 13 | | public auction. The owner or other person entitled to | 14 | | possession of the property may claim and recover possession of | 15 | | the property at any time before its sale at public auction upon | 16 | | providing reasonable and satisfactory proof of ownership or | 17 | | right of possession and reimbursing the Department for all | 18 | | reasonable expenses of custody. | 19 | | Any property forfeited to the State by court order under | 20 | | this Section may be disposed of by public auction, except that | 21 | | any property that is the subject of a court order shall not be | 22 | | disposed of pending appeal of the order. The proceeds of the | 23 | | sales at auction shall be deposited in the Illinois Wildlife | 24 | | Preservation Fund. | 25 | | The Department shall pay all costs of posting or | 26 | | publication of notices required by this Section. |
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| 1 | | Property seized or forfeited under this Section is subject | 2 | | to reporting under the Seizure and Forfeiture Reporting Act.
| 3 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 4 | | (510 ILCS 68/105-75) | 5 | | Sec. 105-75. Illinois Wildlife Preservation Fund; | 6 | | disposition of money received. All fees, fines, income of | 7 | | whatever kind or nature derived from herptile activities | 8 | | regulated by this Act on lands, waters, or both under the | 9 | | jurisdiction or control of the Department and all penalties | 10 | | collected under this Act shall be deposited into the State | 11 | | treasury and shall be set apart in a special fund known as the | 12 | | Illinois Wildlife Preservation Fund.
| 13 | | (Source: P.A. 102-315, eff. 1-1-22 .) | 14 | | Section 100. The Unified Code of Corrections is amended by | 15 | | changing Sections 5-9-1.4 and 5-9-1.9 as follows:
| 16 | | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| 17 | | Sec. 5-9-1.4. (a) "Crime laboratory" means any | 18 | | not-for-profit
laboratory registered with the Drug Enforcement | 19 | | Administration of the
United States Department of Justice, | 20 | | substantially funded by a unit or
combination of units of | 21 | | local government or the State of Illinois, which
regularly | 22 | | employs at least one person engaged in the analysis
of | 23 | | controlled substances, cannabis, methamphetamine, or steroids |
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| 1 | | for criminal justice
agencies in criminal matters and provides | 2 | | testimony with respect to such
examinations.
| 3 | | (b) (Blank).
| 4 | | (c) In addition to any other disposition made pursuant to | 5 | | the provisions
of the Juvenile Court Act of 1987, any minor | 6 | | adjudicated delinquent for an
offense
which if committed by an | 7 | | adult would constitute a violation of the Cannabis
Control | 8 | | Act, the Illinois Controlled Substances Act, the | 9 | | Methamphetamine Control and Community Protection Act, or the | 10 | | Steroid Control
Act shall be required to pay a criminal | 11 | | laboratory analysis assessment of $100
for each
adjudication.
| 12 | | Upon verified petition of the minor, the court may suspend | 13 | | payment of
all or part of the assessment if it finds that the | 14 | | minor does not have the ability
to pay the assessment.
The | 15 | | parent, guardian, or legal custodian of the minor may pay
some | 16 | | or all of such assessment on the minor's behalf.
| 17 | | (d) All criminal laboratory analysis fees provided for by | 18 | | this Section shall
be collected by the clerk of the court and | 19 | | forwarded to the appropriate
crime laboratory fund as provided | 20 | | in subsection (f).
| 21 | | (e) Crime laboratory funds shall be established as | 22 | | follows:
| 23 | | (1) Any unit of local government which maintains a | 24 | | crime laboratory may
establish a crime laboratory fund | 25 | | within the office of the county or municipal treasurer.
| 26 | | (2) Any combination of units of local government which |
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| 1 | | maintains a crime
laboratory may establish a crime | 2 | | laboratory fund within the office of the
treasurer of the | 3 | | county where the crime laboratory is situated.
| 4 | | (3) The State Crime Laboratory Fund is hereby
created | 5 | | as a special fund in the State Treasury. Notwithstanding | 6 | | any other provision of law to the contrary, and in | 7 | | addition to any other transfers that may be provided by | 8 | | law, on August 20, 2021 (the effective date of Public Act | 9 | | 102-505), or as soon thereafter as practical, the State | 10 | | Comptroller shall direct and the State Treasurer shall | 11 | | transfer the remaining balance from the State Offender DNA | 12 | | Identification System
Fund into the State Crime Laboratory | 13 | | Fund. Upon completion of the transfer, the State Offender | 14 | | DNA Identification System
Fund is dissolved, and any | 15 | | future deposits due to that Fund and any outstanding | 16 | | obligations or liabilities of that Fund shall pass to the | 17 | | State Crime Laboratory Fund.
| 18 | | (f) The analysis assessment provided for in subsection (c) | 19 | | of this
Section shall be forwarded to the office of the | 20 | | treasurer of the unit of
local government that performed the | 21 | | analysis if that unit of local
government has established a | 22 | | crime laboratory fund, or to the State Crime
Laboratory Fund | 23 | | if the analysis was performed by a laboratory operated by
the | 24 | | Illinois State Police. If the analysis was performed by a | 25 | | crime
laboratory funded by a combination of units of local | 26 | | government, the
analysis assessment shall be forwarded to the |
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| 1 | | treasurer of the
county where the crime laboratory is situated | 2 | | if a crime laboratory fund
has been established in that | 3 | | county. If the unit of local government or
combination of | 4 | | units of local government has not established a crime
| 5 | | laboratory fund, then the analysis assessment shall be | 6 | | forwarded to the State
Crime Laboratory Fund.
| 7 | | (g) Moneys deposited into a crime laboratory fund created | 8 | | pursuant to paragraph
(1) or (2) of subsection (e) of this | 9 | | Section shall be in
addition to any allocations made pursuant | 10 | | to existing law and shall be
designated for the exclusive use | 11 | | of the crime laboratory. These uses may
include, but are not | 12 | | limited to, the following:
| 13 | | (1) costs incurred in providing analysis for | 14 | | controlled substances in
connection with criminal | 15 | | investigations conducted within this State;
| 16 | | (2) purchase and maintenance of equipment for use in | 17 | | performing analyses; and
| 18 | | (3) continuing education, training, and professional | 19 | | development of
forensic
scientists regularly employed by | 20 | | these laboratories.
| 21 | | (h) Moneys deposited in the State Crime Laboratory Fund | 22 | | created pursuant
to paragraph (3) of subsection (d) of this | 23 | | Section shall be used by State
crime laboratories as | 24 | | designated by the Director of the Illinois State Police. These
| 25 | | funds shall be in addition to any allocations made pursuant to | 26 | | existing law
and shall be designated for the exclusive use of |
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| 1 | | State crime laboratories or for the sexual assault evidence | 2 | | tracking system created under Section 50 of the Sexual Assault | 3 | | Evidence Submission Act.
These uses may include those | 4 | | enumerated in subsection (g) of this Section.
| 5 | | (Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21; | 6 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 7 | | (730 ILCS 5/5-9-1.9)
| 8 | | Sec. 5-9-1.9. DUI analysis fee.
| 9 | | (a) "Crime laboratory" means a not-for-profit laboratory | 10 | | substantially
funded by a single unit or combination of units | 11 | | of local government or the
State of
Illinois that regularly | 12 | | employs at least one person engaged in the DUI
analysis of | 13 | | blood, other bodily substance, and urine for criminal justice | 14 | | agencies in criminal matters
and provides testimony with | 15 | | respect to such examinations.
| 16 | | "DUI analysis" means an analysis of blood, other bodily | 17 | | substance, or urine for purposes of
determining whether a | 18 | | violation of Section 11-501 of the Illinois Vehicle Code
has | 19 | | occurred.
| 20 | | (b) (Blank).
| 21 | | (c) In addition to any other disposition made under the | 22 | | provisions of
the Juvenile Court Act of 1987, any minor | 23 | | adjudicated delinquent for an offense
which if committed by an | 24 | | adult would constitute a violation of Section 11-501
of the | 25 | | Illinois Vehicle Code shall pay a crime laboratory DUI |
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| 1 | | analysis assessment
of $150 for each adjudication. Upon | 2 | | verified petition of the minor, the
court may suspend payment | 3 | | of all or part of the assessment if it finds
that the minor | 4 | | does not have the ability to pay the assessment. The parent, | 5 | | guardian,
or legal custodian of the minor may pay some or all | 6 | | of the assessment on the minor's
behalf.
| 7 | | (d) All crime laboratory DUI analysis assessments provided | 8 | | for by this Section
shall
be collected by the clerk of the | 9 | | court and forwarded to the appropriate crime
laboratory DUI | 10 | | fund as provided in subsection (f).
| 11 | | (e) Crime laboratory funds shall be established as | 12 | | follows:
| 13 | | (1) A unit of local government that maintains a crime | 14 | | laboratory may
establish a crime laboratory DUI fund | 15 | | within the office of the county or
municipal treasurer.
| 16 | | (2) Any combination of units of local government that | 17 | | maintains a crime
laboratory may establish a crime | 18 | | laboratory DUI fund within the office of the
treasurer of | 19 | | the county where the crime laboratory is situated.
| 20 | | (3) (Blank).
| 21 | | (f) The analysis assessment provided for in subsection (c) | 22 | | of this Section
shall be forwarded to the office of the | 23 | | treasurer of the unit of local
government that performed the | 24 | | analysis if that unit of local government has
established a | 25 | | crime laboratory DUI fund, or remitted to the State Treasurer | 26 | | for deposit
into the State Crime Laboratory Fund if the |
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| 1 | | analysis was
performed by a
laboratory operated by the | 2 | | Illinois State Police. If the analysis was
performed by a | 3 | | crime laboratory funded by a combination of units of local
| 4 | | government, the analysis assessment shall be forwarded to the | 5 | | treasurer of the county
where the crime laboratory is situated | 6 | | if a crime laboratory DUI fund has been
established in that | 7 | | county. If the unit of local government or combination of
| 8 | | units of local government has not established a crime | 9 | | laboratory DUI fund, then
the analysis assessment shall be | 10 | | remitted to the State Treasurer for deposit into
the State | 11 | | Crime Laboratory Fund.
| 12 | | (g) Moneys deposited into a crime laboratory DUI fund | 13 | | created under
paragraphs (1) and (2) of subsection (e) of this | 14 | | Section shall be in addition
to any allocations made pursuant | 15 | | to existing law and shall be designated for
the exclusive use | 16 | | of the crime laboratory. These uses may include, but are not
| 17 | | limited to, the following:
| 18 | | (1) Costs incurred in providing analysis for DUI | 19 | | investigations conducted
within this State.
| 20 | | (2) Purchase and maintenance of equipment for use in | 21 | | performing analyses.
| 22 | | (3) Continuing education, training, and professional | 23 | | development of
forensic scientists regularly employed by | 24 | | these laboratories.
| 25 | | (h) Moneys deposited in the State Crime Laboratory Fund
| 26 | | shall be used by
State crime laboratories as designated by the |
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| 1 | | Director of the Illinois State Police. These
funds shall be in | 2 | | addition to any allocations made according to existing law
and | 3 | | shall be designated for the exclusive use of State crime | 4 | | laboratories.
These uses may include those enumerated in | 5 | | subsection (g) of this Section. | 6 | | (i) (Blank). Notwithstanding any other provision of law to | 7 | | the contrary and in addition to any other transfers that may be | 8 | | provided by law, on June 17, 2021 (the effective date of Public | 9 | | Act 102-16), or as soon thereafter as practical, the State | 10 | | Comptroller shall direct and the State Treasurer shall | 11 | | transfer the remaining balance from the State Police DUI Fund | 12 | | into the State Police Operations Assistance Fund. Upon | 13 | | completion of the transfer, the State Police DUI Fund is | 14 | | dissolved, and any future deposits due to that Fund and any | 15 | | outstanding obligations or liabilities of that Fund shall pass | 16 | | to the State Police Operations Assistance Fund.
| 17 | | (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; | 18 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 19 | | Section 999. Effective date. This Act takes effect upon | 20 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 505/34.10 | from Ch. 23, par. 5034.10 | | 4 | | 20 ILCS 505/5b rep. | | | 5 | | 20 ILCS 801/1-15 | | | 6 | | 20 ILCS 2105/2105-300 | was 20 ILCS 2105/61e | | 7 | | 20 ILCS 2310/2310-130 | was 20 ILCS 2310/55.82 | | 8 | | 20 ILCS 2605/2605-595 | | | 9 | | 20 ILCS 4005/8.5 rep. | | | 10 | | 30 ILCS 105/5.991 new | | | 11 | | 30 ILCS 105/5.992 new | | | 12 | | 30 ILCS 105/6p-1 | from Ch. 127, par. 142p1 | | 13 | | 30 ILCS 105/6p-8 | | | 14 | | 30 ILCS 105/6z-82 | | | 15 | | 30 ILCS 105/8.16b | from Ch. 127, par. 144.16b | | 16 | | 30 ILCS 105/5.287 rep. | | | 17 | | 30 ILCS 105/5.665 rep. | | | 18 | | 30 ILCS 105/5.730 rep. | | | 19 | | 30 ILCS 105/5.749 rep. | | | 20 | | 30 ILCS 105/5.759 rep. | | | 21 | | 30 ILCS 105/5.823 rep. | | | 22 | | 30 ILCS 105/6p-2 rep. | | | 23 | | 30 ILCS 605/7c | | | 24 | | 210 ILCS 50/3.86 | | | 25 | | 210 ILCS 50/3.116 | | |
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| 1 | | 210 ILCS 50/3.220 | | | 2 | | 210 ILCS 50/3.226 rep. | | | 3 | | 225 ILCS 728/27 rep. | | | 4 | | 305 ILCS 5/12-10 | from Ch. 23, par. 12-10 | | 5 | | 305 ILCS 75/185-20 | | | 6 | | 305 ILCS 75/185-25 | | | 7 | | 415 ILCS 5/55.6a | | | 8 | | 415 ILCS 120/40 | | | 9 | | 425 ILCS 8/45 | | | 10 | | 510 ILCS 68/5-20 | | | 11 | | 510 ILCS 68/10-40 | | | 12 | | 510 ILCS 68/20-30 | | | 13 | | 510 ILCS 68/25-30 | | | 14 | | 510 ILCS 68/55-5 | | | 15 | | 510 ILCS 68/65-5 | | | 16 | | 510 ILCS 68/90-5 | | | 17 | | 510 ILCS 68/105-35 | | | 18 | | 510 ILCS 68/105-55 | | | 19 | | 510 ILCS 68/105-75 | | | 20 | | 730 ILCS 5/5-9-1.4 | from Ch. 38, par. 1005-9-1.4 | | 21 | | 730 ILCS 5/5-9-1.9 | |
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