Bill Text: IL HB3856 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Children and Family Services Act. Authorizes funds that are deposited into the Employment and Training Fund to be used to establish a demonstration project to train individuals to become home child care providers. Repeals a provision that established the Child Care and Development Fund. Amends the Department of Natural Resources Act. Directs gifts, bequests, donations, income from rental property and endowments to be deposited into the DNR Special Projects Fund (rather than the Natural Resources Fund). Specifies that the DNR Special Projects Fund is a trust fund (rather than a special fund in the State treasury). Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Repeals a provision that prohibited transfers from being made to the Professions Indirect Cost Fund from the Public Pension Regulation Fund. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Changes the fund into which certain certification fees are deposited. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Repeals a provision concerning a transfer into the State Police Firearm Services Fund. Amends the State Property Control Act. Repeals a provision concerning a transfer into the State Police Vehicle Fund. Amends the Emergency Medical Services (EMS) Systems Act, the Illinois Public Aid Code, the Medicaid Technical Assistance Act, the Environmental Protection Act, the Electric Vehicle Rebate Act, the Cigarette Fire Safety Standard Act, the Herptiles-Herps Act, and the Unified Code of Corrections. Makes various other fund-related and transfer-related changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0363 [HB3856 Detail]

Download: Illinois-2023-HB3856-Engrossed.html



HB3856 EngrossedLRB103 30981 DTM 57576 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5by 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;
8conversion and renovation grants; Department of Human
9Services.
10 (a) The legislature finds that the demand for quality
11child care far outweighs the number of safe, quality spaces
12for our children. The purpose of this Section is to increase
13the 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
21appropriations from the Child Care Development Block Grant
22establish a demonstration project to train individuals to
23become home child care providers who are able to establish and

HB3856 Engrossed- 2 -LRB103 30981 DTM 57576 b
1operate their own home-based child care facilities. The
2Department of Human Services is authorized to use funds for
3this purpose from the child care and development funds
4deposited into the DHS Special Purposes Trust Fund as
5described in Section 12-10 of the Illinois Public Aid Code or
6deposited into the Employment and Training Fund as described
7in Section 12-10.3 of the Illinois Public Aid Code and, until
8October 1, 1998, the Child Care and Development Fund created
9by the 87th General Assembly. As an economic development
10program, the project's focus is to foster individual
11self-sufficiency through an entrepreneurial approach by the
12creation of new jobs and opening of new small home-based child
13care businesses. The demonstration project shall involve
14coordination among State and county governments and the
15private sector, including but not limited to: the community
16college system, the Departments of Labor and Commerce and
17Economic Opportunity, the State Board of Education, large and
18small private businesses, nonprofit programs, unions, and
19child 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

HB3856 Engrossed- 3 -LRB103 30981 DTM 57576 b
1 legislature by one year after the due date of the progress
2 report.
3 (c) The Department of Human Services may from
4appropriations from the Child Care Development Block Grant
5provide grants to family child care providers and center based
6programs to convert and renovate existing facilities, to the
7extent permitted by federal law, so additional family child
8care homes and child care centers can be located in such
9facilities.
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

HB3856 Engrossed- 4 -LRB103 30981 DTM 57576 b
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

HB3856 Engrossed- 5 -LRB103 30981 DTM 57576 b
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

HB3856 Engrossed- 6 -LRB103 30981 DTM 57576 b
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
6amended by repealing Section 5b.
7 Section 15. The Department of Natural Resources Act is
8amended 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
12practical problems, implement studies, conduct research and
13provide assistance, information and data relating to the
14technology and administration of the natural history,
15entomology, zoology, and botany of this State; the geology and
16natural resources of this State; the water and atmospheric
17resources of this State; and the archeological and cultural
18history of this State.
19 (b) The Department (i) shall obtain, store, and process
20relevant data; recommend technological, administrative, and
21legislative changes and developments; cooperate with other
22federal, state, and local governmental research agencies,
23facilities, or institutes in the selection of projects for

HB3856 Engrossed- 7 -LRB103 30981 DTM 57576 b
1study; cooperate with the Board of Higher Education and with
2the public and private colleges and universities in this State
3in developing relevant interdisciplinary approaches to
4problems; and evaluate curricula at all levels of education
5and provide assistance to instructors and (ii) may sponsor an
6annual conference of leaders in government, industry, health,
7and education to evaluate the state of this State's
8environment and natural resources.
9 (c) The Director, in accordance with the Personnel Code,
10shall employ such personnel, provide such facilities, and
11contract for such outside services as may be necessary to
12carry out the purposes of the Department. Maximum use shall be
13made of existing federal and state agencies, facilities, and
14personnel in conducting research under this Act.
15 (c-5) The Department may use the services of, and enter
16into necessary agreements with, outside entities for the
17purpose of evaluating grant applications and for the purpose
18of administering or monitoring compliance with grant
19agreements. Contracts under this subsection shall not exceed 2
20years in length.
21 (d) In addition to its other powers, the Department has
22the 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

HB3856 Engrossed- 8 -LRB103 30981 DTM 57576 b
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
10not-for-profit organizations for the purposes of development,
11maintenance and study of wetland areas.
12 (f) The Department has the authority to accept, receive
13and administer on behalf of the State any gifts, bequests,
14donations, income from property rental and endowments. Any
15such funds received by the Department shall be deposited into
16the DNR Special Projects Natural Resources Fund, a trust
17special fund which is hereby created in the State treasury,
18and used for the purposes of this Act or, when appropriate, for
19such purposes and under such restrictions, terms and
20conditions as are predetermined by the donor or grantor of
21such funds or property. Any accrued interest from money
22deposited into the DNR Special Projects Natural Resources Fund
23shall be reinvested into the Fund and used in the same manner
24as the principal. The Director shall maintain records which
25account for and assure that restricted funds or property are
26disbursed or used pursuant to the restrictions, terms or

HB3856 Engrossed- 9 -LRB103 30981 DTM 57576 b
1conditions of the donor.
2 (g) The Department shall recognize, preserve, and promote
3our special heritage of recreational hunting and trapping by
4providing opportunities to hunt and trap in accordance with
5the Wildlife Code.
6 (h) Within 5 years after the effective date of this
7amendatory Act of the 102nd General Assembly, the Department
8shall fly a United States Flag, an Illinois flag, and a POW/MIA
9flag at all State parks. Donations may be made by groups and
10individuals to the DNR Department's Special Projects Fund for
11costs 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
14of the Civil Administrative Code of Illinois is amended by
15changing Section 2105-300 as follows:
16 (20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
17 Sec. 2105-300. Professions Indirect Cost Fund;
18allocations; analyses.
19 (a) Appropriations for the direct and allocable indirect
20costs of licensing and regulating each regulated profession,
21trade, occupation, or industry are intended to be payable from
22the fees and fines that are assessed and collected from that
23profession, trade, occupation, or industry, to the extent that
24those fees and fines are sufficient. In any fiscal year in

HB3856 Engrossed- 10 -LRB103 30981 DTM 57576 b
1which the fees and fines generated by a specific profession,
2trade, occupation, or industry are insufficient to finance the
3necessary direct and allocable indirect costs of licensing and
4regulating that profession, trade, occupation, or industry,
5the remainder of those costs shall be financed from
6appropriations payable from revenue sources other than fees
7and fines. The direct and allocable indirect costs of the
8Department identified in its cost allocation plans that are
9not attributable to the licensing and regulation of a specific
10profession, trade, or occupation, or industry or group of
11professions, trades, occupations, or industries shall be
12financed from appropriations from revenue sources other than
13fees and fines.
14 (b) The Professions Indirect Cost Fund is hereby created
15as a special fund in the State Treasury. The Except as provided
16in subsection (e), the Fund may receive transfers of moneys
17authorized by the Department from the cash balances in special
18funds that receive revenues from the fees and fines associated
19with the licensing of regulated professions, trades,
20occupations, and industries by the Department. Moneys in the
21Fund shall be invested and earnings on the investments shall
22be retained in the Fund. Subject to appropriation, the
23Department shall use moneys in the Fund to pay the ordinary and
24necessary allocable indirect expenses associated with each of
25the regulated professions, trades, occupations, and
26industries.

HB3856 Engrossed- 11 -LRB103 30981 DTM 57576 b
1 (c) Before the beginning of each fiscal year, the
2Department shall prepare a cost allocation analysis to be used
3in establishing the necessary appropriation levels for each
4cost purpose and revenue source. At the conclusion of each
5fiscal year, the Department shall prepare a cost allocation
6analysis reflecting the extent of the variation between how
7the costs were actually financed in that year and the planned
8cost allocation for that year. Variations between the planned
9and actual cost allocations for the prior fiscal year shall be
10adjusted into the Department's planned cost allocation for the
11next fiscal year.
12 Each cost allocation analysis shall separately identify
13the direct and allocable indirect costs of each regulated
14profession, trade, occupation, or industry and the costs of
15the Department's general public health and safety purposes.
16The analyses shall determine whether the direct and allocable
17indirect costs of each regulated profession, trade,
18occupation, or industry and the costs of the Department's
19general public health and safety purposes are sufficiently
20financed from their respective funding sources. The Department
21shall prepare the cost allocation analyses in consultation
22with the respective regulated professions, trades,
23occupations, and industries and shall make copies of the
24analyses available to them in a timely fashion.
25 (d) The Except as provided in subsection (e), the
26Department may direct the State Comptroller and Treasurer to

HB3856 Engrossed- 12 -LRB103 30981 DTM 57576 b
1transfer moneys from the special funds that receive fees and
2fines associated with regulated professions, trades,
3occupations, and industries into the Professions Indirect Cost
4Fund in accordance with the Department's cost allocation
5analysis plan for the applicable fiscal year. For a given
6fiscal year, the Department shall not direct the transfer of
7moneys under this subsection from a special fund associated
8with a specific regulated profession, trade, occupation, or
9industry (or group of professions, trades, occupations, or
10industries) in an amount exceeding the allocable indirect
11costs associated with that profession, trade, occupation, or
12industry (or group of professions, trades, occupations, or
13industries) as provided in the cost allocation analysis for
14that fiscal year and adjusted for allocation variations from
15the prior fiscal year. No direct costs identified in the cost
16allocation plan shall be used as a basis for transfers into the
17Professions Indirect Cost Fund or for expenditures from the
18Fund.
19 (e) (Blank). No transfer may be made to the Professions
20Indirect Cost Fund under this Section from the Public Pension
21Regulation Fund.
22(Source: P.A. 99-227, eff. 8-3-15.)
23 Section 25. The Department of Public Health Powers and
24Duties Law of the Civil Administrative Code of Illinois is
25amended by changing Section 2310-130 as follows:

HB3856 Engrossed- 13 -LRB103 30981 DTM 57576 b
1 (20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82)
2 Sec. 2310-130. Medicare or Medicaid certification fee;
3Health Care Facility and Program Survey Fund. To establish and
4charge a fee to any facility or program applying to be
5certified to participate in the Medicare program under Title
6XVIII of the federal Social Security Act or in the Medicaid
7program under Title XIX of the federal Social Security Act to
8cover the costs associated with the application, inspection,
9and survey of the facility or program and processing of the
10application. The Department shall establish the fee by rule,
11and the fee shall be based only on those application,
12inspection, and survey and processing costs not reimbursed to
13the State by the federal government. The fee shall be paid by
14the facility or program before the application is processed.
15 The fees received by the Department under this Section
16shall be deposited into the Long Term Care Monitor/Receiver
17Health Care Facility and Program Survey Fund, which is hereby
18created as a special fund in the State treasury. Moneys in the
19Fund shall be appropriated to the Department and may be used
20for any costs incurred by the Department, including personnel
21costs, in the processing of applications for Medicare or
22Medicaid certification.
23 Beginning July 1, 2011, the Department shall employ a
24minimum of one surveyor for every 500 licensed long term care
25beds. Beginning July 1, 2012, the Department shall employ a

HB3856 Engrossed- 14 -LRB103 30981 DTM 57576 b
1minimum of one surveyor for every 400 licensed long term care
2beds. Beginning July 1, 2013, the Department shall employ a
3minimum of one surveyor for every 300 licensed long term care
4beds.
5 The Department shall establish a surveyor development unit
6funded from money deposited in the Long Term Care
7Monitor/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
10Administrative Code of Illinois is amended by changing Section
112605-595 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
15known as the State Police Firearm Services Fund. The Fund
16shall receive revenue under the Firearm Concealed Carry Act,
17the Firearm Dealer License Certification Act, and Section 5 of
18the Firearm Owners Identification Card Act. The Fund may also
19receive revenue from grants, pass-through grants, donations,
20appropriations, and any other legal source.
21 (a-5) (Blank). Notwithstanding any other provision of law
22to the contrary, and in addition to any other transfers that
23may be provided by law, on the effective date of this
24amendatory Act of the 102nd General Assembly, or as soon

HB3856 Engrossed- 15 -LRB103 30981 DTM 57576 b
1thereafter as practical, the State Comptroller shall direct
2and the State Treasurer shall transfer the remaining balance
3from the Firearm Dealer License Certification Fund into the
4State Police Firearm Services Fund. Upon completion of the
5transfer, the Firearm Dealer License Certification Fund is
6dissolved, and any future deposits due to that Fund and any
7outstanding obligations or liabilities of that Fund shall pass
8to the State Police Firearm Services Fund.
9 (b) The Illinois State Police may use moneys in the Fund to
10finance any of its lawful purposes, mandates, functions, and
11duties under the Firearm Owners Identification Card Act, the
12Firearm Dealer License Certification Act, and the Firearm
13Concealed Carry Act, including the cost of sending notices of
14expiration of Firearm Owner's Identification Cards, concealed
15carry licenses, the prompt and efficient processing of
16applications under the Firearm Owners Identification Card Act
17and the Firearm Concealed Carry Act, the improved efficiency
18and reporting of the LEADS and federal NICS law enforcement
19data systems, and support for investigations required under
20these Acts and law. Any surplus funds beyond what is needed to
21comply with the aforementioned purposes shall be used by the
22Illinois State Police to improve the Law Enforcement Agencies
23Data System (LEADS) and criminal history background check
24system.
25 (c) Investment income that is attributable to the
26investment of moneys in the Fund shall be retained in the Fund

HB3856 Engrossed- 16 -LRB103 30981 DTM 57576 b
1for 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
5Vehicle Theft Prevention and Insurance Verification Act is
6amended by repealing Section 8.5.
7 Section 40. The State Finance Act is amended by changing
8Sections 6p-1, 6p-8, 6z-82, and 8.16b and by adding Sections
95.991 and 5.992 as follows:
10 (30 ILCS 105/5.991 new)
11 Sec. 5.991. The Industrial Biotechnology Human Capital
12Fund.
13 (30 ILCS 105/5.992 new)
14 Sec. 5.992. The Industrial Biotechnology Capital
15Maintenance 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)
19shall be initially financed by a transfer of funds from the
20General Revenue Fund. Thereafter, all fees and other monies
21received by the Department of Innovation and Technology in

HB3856 Engrossed- 17 -LRB103 30981 DTM 57576 b
1payment for information technology and related services
2rendered pursuant to subsection (e) of Section 1-15 of the
3Department of Innovation and Technology Act shall be paid into
4the Technology Management Revolving Fund. All On and after
5July 1, 2017, or after sufficient moneys have been received in
6the Communications Revolving Fund to pay all Fiscal Year 2017
7obligations payable from the Fund, whichever is later, all
8fees and other moneys received by the Department of Innovation
9and Technology Central Management Services in payment for
10communications services rendered pursuant to the Department of
11Innovation and Technology Act Central Management Services Law
12of the Civil Administrative Code of Illinois or sale of
13surplus State communications equipment shall be paid into the
14Technology Management Revolving Fund. The money in this fund
15shall be used by the Department of Innovation and Technology
16as reimbursement for expenditures incurred in rendering
17information technology and related services and, beginning
18July 1, 2017, as reimbursement for expenditures incurred in
19relation 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
23Compensation Grant Fund. The Court of Claims Federal Recovery
24Victim Compensation Grant Fund is created as a special fund in
25the State treasury. The Fund shall consist of federal Victims

HB3856 Engrossed- 18 -LRB103 30981 DTM 57576 b
1of Crime Act grant funds awarded to the Court of Claims from
2the U.S. Department of Justice, Office of Justice Programs,
3Office for Victims of Crime for the payment of claims pursuant
4to the Crime Victims Compensation Act (740 ILCS 45/). All
5moneys in the Fund shall be used for payment of claims pursuant
6to the Crime Victims Compensation Act (740 ILCS 45/). The
7General Assembly may appropriate moneys from the Court of
8Claims Federal Recovery Victim Compensation Grant Fund to the
9Court of Claims for the purpose of payment of claims pursuant
10to the Crime Victims Compensation Act (740 ILCS 45/). On July
111, 2023, or as soon thereafter as practical, the State
12Comptroller shall direct and the State Treasurer shall
13transfer the remaining balance from the Court of Claims
14Federal Recovery Victim Compensation Grant Fund into the Court
15of Claims Federal Grant Fund. Upon completion of the transfer,
16the Court of Claims Federal Recovery Victim Compensation Grant
17Fund is dissolved, and any future deposits due to that Fund and
18any outstanding obligations or liabilities of that Fund shall
19pass to the Court of Claims Federal Grant Fund. This Section is
20repealed 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
25known as the State Police Operations Assistance Fund. The Fund

HB3856 Engrossed- 19 -LRB103 30981 DTM 57576 b
1shall receive revenue under the Criminal and Traffic
2Assessment Act. The Fund may also receive revenue from grants,
3donations, appropriations, and any other legal source.
4 (a-5) (Blank). Notwithstanding any other provision of law
5to the contrary, and in addition to any other transfers that
6may be provided by law, on August 20, 2021 (the effective date
7of Public Act 102-505), or as soon thereafter as practical,
8the State Comptroller shall direct and the State Treasurer
9shall transfer the remaining balance from the Over Dimensional
10Load Police Escort Fund into the State Police Operations
11Assistance Fund. Upon completion of the transfer, the Over
12Dimensional Load Police Escort Fund is dissolved, and any
13future deposits due to that Fund and any outstanding
14obligations or liabilities of that Fund shall pass to the
15State Police Operations Assistance Fund.
16 This Fund may charge, collect, and receive fees or moneys
17as described in Section 15-312 of the Illinois Vehicle Code,
18and receive all fees received by the Illinois State Police
19under that Section. The moneys shall be used by the Illinois
20State Police for its expenses in providing police escorts and
21commercial vehicle enforcement activities.
22 (b) The Illinois State Police may use moneys in the Fund to
23finance any of its lawful purposes or functions.
24 (c) Expenditures may be made from the Fund only as
25appropriated by the General Assembly by law.
26 (d) Investment income that is attributable to the

HB3856 Engrossed- 20 -LRB103 30981 DTM 57576 b
1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3 (e) The State Police Operations Assistance Fund shall not
4be subject to administrative chargebacks.
5 (f) (Blank).
6 (g) (Blank). Notwithstanding any other provision of State
7law to the contrary, on or after July 1, 2021, in addition to
8any other transfers that may be provided for by law, at the
9direction of and upon notification from the Director of the
10Illinois State Police, the State Comptroller shall direct and
11the State Treasurer shall transfer amounts not exceeding
12$7,000,000 into the State Police Operations Assistance Fund
13from the State Police Services Fund.
14(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
15102-538, 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
18communications services pursuant to the Civil Administrative
19Code of Illinois are payable from the Technology Management
20Communications Revolving Fund. However, no contract shall be
21entered into or obligation incurred for any expenditure from
22the Technology Management Communications Revolving Fund until
23after the purpose and amount has been approved in writing by
24the Secretary of Innovation and Technology.
25(Source: P.A. 100-611, eff. 7-20-18.)

HB3856 Engrossed- 21 -LRB103 30981 DTM 57576 b
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
9Sections 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
11changing 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
15fund in the State treasury. All moneys in the Fund, subject to
16appropriation, 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

HB3856 Engrossed- 22 -LRB103 30981 DTM 57576 b
1the contrary, and in addition to any other transfers that may
2be provided by law, on August 20, 2021 (the effective date of
3Public Act 102-505), or as soon thereafter as practicable, the
4State Comptroller shall direct and the State Treasurer shall
5transfer the remaining balance from the State Police Vehicle
6Maintenance Fund into the State Police Vehicle Fund. Upon
7completion of the transfer, the State Police Vehicle
8Maintenance Fund is dissolved, and any future deposits due to
9that Fund and any outstanding obligations or liabilities of
10that 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;
12102-813, eff. 5-13-22.)
13 Section 55. The Emergency Medical Services (EMS) Systems
14Act is amended by changing Sections 3.86, 3.116, and 3.220 as
15follows:
16 (210 ILCS 50/3.86)
17 Sec. 3.86. Stretcher van providers.
18 (a) In this Section, "stretcher van provider" means an
19entity licensed by the Department to provide non-emergency
20transportation of passengers on a stretcher in compliance with
21this Act or the rules adopted by the Department pursuant to
22this Act, utilizing stretcher vans.
23 (b) The Department has the authority and responsibility to
24do the following:

HB3856 Engrossed- 23 -LRB103 30981 DTM 57576 b
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

HB3856 Engrossed- 24 -LRB103 30981 DTM 57576 b
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
17passenger on a stretcher, provided the passenger meets all of
18the 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.

HB3856 Engrossed- 25 -LRB103 30981 DTM 57576 b
1 (d) A stretcher van provider may not transport a passenger
2who 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
12as a special fund within the State treasury. All fees received
13by the Department in connection with the licensure of
14stretcher van providers under this Section shall be deposited
15into the fund. Moneys in the fund shall be subject to
16appropriation to the Department for use in implementing this
17Section.
18(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11;
1997-689, eff. 6-14-12.)
20 (210 ILCS 50/3.116)
21 Sec. 3.116. Hospital Stroke Care; definitions. As used in
22Sections 3.116 through 3.119, 3.130, and 3.200, and 3.226 of
23this Act:
24 "Acute Stroke-Ready Hospital" means a hospital that has
25been designated by the Department as meeting the criteria for

HB3856 Engrossed- 26 -LRB103 30981 DTM 57576 b
1providing emergent stroke care. Designation may be provided
2after a hospital has been certified or through application and
3designation as such.
4 "Certification" or "certified" means certification, using
5evidence-based standards, from a nationally recognized
6certifying body approved by the Department.
7 "Comprehensive Stroke Center" means a hospital that has
8been certified and has been designated as such.
9 "Designation" or "designated" means the Department's
10recognition of a hospital as a Comprehensive Stroke Center,
11Primary Stroke Center, or Acute Stroke-Ready Hospital.
12 "Emergent stroke care" is emergency medical care that
13includes diagnosis and emergency medical treatment of acute
14stroke patients.
15 "Emergent Stroke Ready Hospital" means a hospital that has
16been designated by the Department as meeting the criteria for
17providing emergent stroke care.
18 "Primary Stroke Center" means a hospital that has been
19certified by a Department-approved, nationally recognized
20certifying body and designated as such by the Department.
21 "Regional Stroke Advisory Subcommittee" means a
22subcommittee formed within each Regional EMS Advisory
23Committee to advise the Director and the Region's EMS Medical
24Directors Committee on the triage, treatment, and transport of
25possible acute stroke patients and to select the Region's
26representative to the State Stroke Advisory Subcommittee. At

HB3856 Engrossed- 27 -LRB103 30981 DTM 57576 b
1minimum, the Regional Stroke Advisory Subcommittee shall
2consist of: one representative from the EMS Medical Directors
3Committee; one EMS coordinator from a Resource Hospital; one
4administrative representative or his or her designee from each
5level of stroke care, including Comprehensive Stroke Centers
6within the Region, if any, Primary Stroke Centers within the
7Region, if any, and Acute Stroke-Ready Hospitals within the
8Region, if any; one physician from each level of stroke care,
9including one physician who is a neurologist or who provides
10advanced stroke care at a Comprehensive Stroke Center in the
11Region, if any, one physician who is a neurologist or who
12provides acute stroke care at a Primary Stroke Center in the
13Region, if any, and one physician who provides acute stroke
14care at an Acute Stroke-Ready Hospital in the Region, if any;
15one nurse practicing in each level of stroke care, including
16one nurse from a Comprehensive Stroke Center in the Region, if
17any, one nurse from a Primary Stroke Center in the Region, if
18any, and one nurse from an Acute Stroke-Ready Hospital in the
19Region, if any; one representative from both a public and a
20private vehicle service provider that transports possible
21acute stroke patients within the Region; the State-designated
22regional EMS Coordinator; and a fire chief or his or her
23designee from the EMS Region, if the Region serves a
24population of more than 2,000,000. The Regional Stroke
25Advisory Subcommittee shall establish bylaws to ensure equal
26membership that rotates and clearly delineates committee

HB3856 Engrossed- 28 -LRB103 30981 DTM 57576 b
1responsibilities and structure. Of the members first
2appointed, one-third shall be appointed for a term of one
3year, one-third shall be appointed for a term of 2 years, and
4the remaining members shall be appointed for a term of 3 years.
5The terms of subsequent appointees shall be 3 years.
6 "State Stroke Advisory Subcommittee" means a standing
7advisory body within the State Emergency Medical Services
8Advisory 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"
13within the State treasury, for the purpose of receiving fines
14and fees collected by the Illinois Department of Public Health
15pursuant to this Act.
16 (b) (Blank).
17 (b-5) All licensing, testing, and certification fees
18authorized by this Act, excluding ambulance licensure fees,
19within this fund shall be used by the Department for
20administration, oversight, and enforcement of activities
21authorized under this Act.
22 (c) All other moneys within this fund shall be distributed
23by the Department to the EMS Regions for disbursement in
24accordance with protocols established in the EMS Region Plans,
25for the purposes of organization, development and improvement

HB3856 Engrossed- 29 -LRB103 30981 DTM 57576 b
1of Emergency Medical Services Systems, including but not
2limited to training of personnel and acquisition, modification
3and maintenance of necessary supplies, equipment and vehicles.
4 (d) All fees and fines collected pursuant to this Act
5shall be deposited into the EMS Assistance Fund, except that
6all fees collected under Section 3.86 in connection with the
7licensure of stretcher van providers shall be deposited into
8the 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
12Act is amended by repealing Section 3.226.
13 (225 ILCS 728/27 rep.)
14 Section 65. The Illinois Petroleum Education and Marketing
15Act is amended by repealing Section 27.
16 Section 70. The Illinois Public Aid Code is amended by
17changing 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
20Special Purposes Trust Fund, to be held outside the State
21Treasury by the State Treasurer as ex-officio custodian, shall
22consist of (1) any federal grants received under Section

HB3856 Engrossed- 30 -LRB103 30981 DTM 57576 b
112-4.6 that are not required by Section 12-5 to be paid into
2the General Revenue Fund or transferred into the Local
3Initiative Fund under Section 12-10.1 or deposited in the
4Employment and Training Fund under Section 12-10.3 or in the
5special account established and maintained in that Fund as
6provided in that Section; (2) grants, gifts or legacies of
7moneys or securities received under Section 12-4.18; (3)
8grants received under Section 12-4.19; and (4) funds for child
9care and development services that are not deposited into the
10Employment and Training Fund under Section 12-10.3.
11Disbursements from this Fund shall be only for the purposes
12authorized by the aforementioned Sections.
13 Disbursements from this Fund shall be by warrants drawn by
14the State Comptroller on receipt of vouchers duly executed and
15certified by the Illinois Department of Human Services,
16including payment to the Health Insurance Reserve Fund for
17group insurance costs at the rate certified by the Department
18of Central Management Services.
19 In addition to any other transfers that may be provided
20for by law, the State Comptroller shall direct and the State
21Treasurer shall transfer from the DHS Special Purposes Trust
22Fund into the Governor's Grant Fund such amounts as may be
23directed in writing by the Secretary of Human Services.
24 In addition to any other transfers that may be provided
25for by law, the State Comptroller shall direct and the State
26Treasurer shall transfer from the DHS Special Purposes Trust

HB3856 Engrossed- 31 -LRB103 30981 DTM 57576 b
1Fund into the Employment and Training fund such amounts as may
2be 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
5amended by changing Sections 185-20 and 185-25 as follows:
6 (305 ILCS 75/185-20)
7 Sec. 185-20. Federal financial participation. The
8Department of Healthcare and Family Services, to the extent
9allowable under federal law, shall maximize federal financial
10participation for any moneys appropriated to the Department
11for the Medicaid Technical Assistance Center. Any federal
12financial participation funds obtained in accordance with this
13Section shall be used for the further development and
14expansion of the Medicaid Technical Assistance Center. All
15federal financial participation funds obtained under this
16subsection shall be deposited into the Medicaid Technical
17Assistance 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.
21The Medicaid Technical Assistance Center Fund is created as a
22special fund in the State treasury. The Fund shall consist of
23any moneys appropriated to the Department of Healthcare and

HB3856 Engrossed- 32 -LRB103 30981 DTM 57576 b
1Family Services for the purposes of this Act and any federal
2financial participation funds obtained as provided under
3Section 185-20 20. Subject to appropriation, moneys in the
4Fund shall be used for carrying out the purposes of this Act
5and for no other purpose. All interest earned on the moneys in
6the 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
9changing 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
13Emergency Public Health Fund, subject to appropriation, shall
14be allocated annually as follows: (i) $300,000 to the
15University of Illinois for the purposes described in Section
1655.6(c)(6) and (ii) subject to subsection (b) of this Section,
17all remaining amounts to the Department of Public Health to be
18used to make vector control grants and surveillance grants to
19the Cook County Department of Public Health (for areas of the
20County excluding the City of Chicago), to the City of Chicago
21health department, and to other certified local health
22departments. These grants shall be used for expenses related
23to West Nile Virus and other vector-borne diseases. The amount
24of each grant shall be based on population and need as

HB3856 Engrossed- 33 -LRB103 30981 DTM 57576 b
1supported by information submitted to the Department of Public
2Health. For the purposes of this Section, need shall be
3determined by the Department based primarily upon surveillance
4data and the number of positive human cases of West Nile Virus
5and other vector-borne diseases occurring during the preceding
6year and current year in the county or municipality seeking
7the grant.
8 (b) (Blank). Beginning on July 31, 2003, on the last day of
9each month, the State Comptroller shall order transferred and
10the State Treasurer shall transfer the fees collected in the
11previous month pursuant to item (1.5) of subsection (a) of
12Section 55.8 from the Emergency Public Health Fund to the
13Communications Revolving Fund. These transfers shall continue
14until 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
17changing Section 40 as follows:
18 (415 ILCS 120/40)
19 Sec. 40. Appropriations from the Electric Vehicle Rebate
20Fund.
21 (a) User Fees Funds. The Agency shall estimate the amount
22of user fees expected to be collected under Section 35 of this
23Act for each fiscal year. User fee funds shall be deposited
24into and distributed from the Electric Vehicle Rebate

HB3856 Engrossed- 34 -LRB103 30981 DTM 57576 b
1Alternate 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

HB3856 Engrossed- 35 -LRB103 30981 DTM 57576 b
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
4Fund amounts appropriated to and deposited into the Electric
5Vehicle Rebate Fund shall be distributed from the Electric
6Vehicle Rebate Fund to fund the program authorized in Section
727.
8(Source: P.A. 102-662, eff. 9-15-21.)
9 Section 90. The Cigarette Fire Safety Standard Act is
10amended by changing Section 45 as follows:
11 (425 ILCS 8/45)
12 Sec. 45. Penalties.
13 (a) Any manufacturer, wholesale dealer, agent, or other
14person or entity who knowingly sells cigarettes wholesale in
15violation of item (3) of subsection (a) of Section 10 of this
16Act shall be subject to a civil penalty not to exceed $10,000
17for each sale of the cigarettes. Any retail dealer who
18knowingly sells cigarettes in violation of Section 10 of this
19Act shall be subject to the following: (i) a civil penalty not
20to exceed $500 for each sale or offer for sale of cigarettes,
21provided that the total number of cigarettes sold or offered
22for sale in such sale does not exceed 1,000 cigarettes; (ii) a
23civil penalty not to exceed $1,000 for each sale or offer for
24sale of the cigarettes, provided that the total number of

HB3856 Engrossed- 36 -LRB103 30981 DTM 57576 b
1cigarettes sold or offered for sale in such sale exceeds 1,000
2cigarettes.
3 (b) In addition to any penalty prescribed by law, any
4corporation, partnership, sole proprietor, limited
5partnership, or association engaged in the manufacture of
6cigarettes that knowingly makes a false certification pursuant
7to Section 30 of this Act shall be subject to a civil penalty
8not to exceed $10,000 for each false certification.
9 (c) Upon discovery by the Office of the State Fire
10Marshal, the Department of Revenue, the Office of the Attorney
11General, or a law enforcement agency that any person offers,
12possesses for sale, or has made a sale of cigarettes in
13violation of Section 10 of this Act, the Office of the State
14Fire Marshal, the Department of Revenue, the Office of the
15Attorney General, or the law enforcement agency may seize
16those cigarettes possessed in violation of this Act.
17 (d) All The Cigarette Fire Safety Standard Act Fund is
18established as a special fund in the State treasury. The Fund
19shall consist of all moneys recovered by the Attorney General
20from the assessment of civil penalties authorized by this
21Section shall be deposited into the General Revenue Fund. The
22moneys in the Fund shall, in addition to any moneys made
23available for such purpose, be available, subject to
24appropriation, to the Office of the State Fire Marshal for the
25purpose of fire safety and prevention programs.
26 (e) (Blank). Notwithstanding any other provision of law,

HB3856 Engrossed- 37 -LRB103 30981 DTM 57576 b
1in addition to any other transfers that may be provided by law,
2on July 1, 2016, or as soon thereafter as practical, the State
3Comptroller shall direct and the State Treasurer shall
4transfer the remaining balance from the Cigarette Fire Safety
5Standard Act Fund into the General Revenue Fund. Upon
6completion of the transfers, the Cigarette Fire Safety
7Standard Act Fund is dissolved, and any future deposits due to
8that Fund and any outstanding obligations or liabilities of
9that 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
12Sections 5-20, 10-40, 20-30, 25-30, 55-5, 65-5, 90-5, 105-35,
13105-55, and 105-75 as follows:
14 (510 ILCS 68/5-20)
15 Sec. 5-20. Propagation of endangered or threatened
16species.
17 (a) No person shall take or possess for the purpose of
18propagation any of the herptiles listed in the Illinois
19Endangered Species Protection Act, the federal Endangered
20Species Act of 1973, or administrative rules unless authorized
21by a Herptile Endangered and Threatened Species Propagation
22permit issued by the Department. For the purpose of
23propagation only, a Herptile Endangered and Threatened Species
24Propagation permit shall allow a resident of this State to

HB3856 Engrossed- 38 -LRB103 30981 DTM 57576 b
1possess, propagate, or sell legally obtained endangered and
2threatened herptiles. The Department shall adopt rules
3relating to the acquisition, possession, and propagation of
4legally obtained endangered and threatened herptiles. The
5Department shall determine, by rule, the application, fees,
6duration, and other requirements necessary for the issuance or
7suspension or revocation of a Herptile Endangered and
8Threatened Species Propagation permit. All fees collected from
9the issuance of a Herptile Endangered and Threatened Species
10Propagation permit shall be deposited into the Illinois
11Wildlife Preservation Fund.
12 (b) Any person issued a Herptile Endangered and Threatened
13Species Propagation permit by the Department who is in
14possession of a threatened or endangered (T/E) herptile
15species shall be exempt from an individual's overall
16possession limit under the permitting system set forth in this
17Act. However, the holder of a Herptile Endangered and
18Threatened Species Propagation permit is not exempt from the
19species limitations set forth in the administrative rules
20regarding the Herptile Endangered and Threatened Species
21Propagation permit. Any species occurring on the federal T/E
22list also requires a Department permit for possession,
23propagation, sale, or offer for sale unless otherwise
24permitted under this Act or administrative rule.
25 (c) (Blank).
26 (d) Federally licensed exhibits shall not be exempt from

HB3856 Engrossed- 39 -LRB103 30981 DTM 57576 b
1the Illinois Endangered Species Protection Act, this Act, or
2administrative rule.
3 (e) Any changes in threatened or endangered species
4inventory for herptiles by current, existing Herptile
5Endangered and Threatened Species Propagation permit holders
6shall be reported to the Department in writing no later than
7the first business day after that change occurred.
8Applications for permits to possess and take herptiles shall
9be reviewed by the Department as provided by this Act or
10administrative 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
18shall not be bred, sold, or offered for sale within this State.
19The Department may approve limited transfers among existing
20permittees as set forth in administrative rule.
21 As determined by the Department, non-residents may apply
22for a permit not to exceed 15 consecutive days to use venomous
23reptiles in bona fide educational programs. The fee for the
24permit shall be set by administrative rule, and all fees shall
25be deposited into the Illinois Wildlife Preservation Fund.

HB3856 Engrossed- 40 -LRB103 30981 DTM 57576 b
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
4be bred, sold, or offered for sale within this State. However,
5the Department may approve, by rule, limited transfers among
6existing permittees.
7 As determined by the Department through administrative
8rule, non-residents may apply for a permit not to exceed 15
9consecutive days to use crocodilians in bona fide educational
10programs. The fee for this permit shall be set by
11administrative rule, and all fees shall be deposited into the
12Illinois 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
16not be bred, sold, or offered for sale within this State.
17However, the Department may approve, by rule, limited
18transfers among existing permittees.
19 As determined by the Department, non-residents may apply
20for a permit not to exceed 15 consecutive days to use monitor
21lizards in bona fide educational programs. The fee for the
22permit shall be set by administrative rule, and all fees shall
23be deposited into the Illinois Wildlife Preservation Fund.
24(Source: P.A. 102-315, eff. 1-1-22.)

HB3856 Engrossed- 41 -LRB103 30981 DTM 57576 b
1 (510 ILCS 68/55-5)
2 Sec. 55-5. Permit application and fees. An applicant for
3a Herpetoculture permit must file an application with the
4Department on a form provided by the Department. The
5application must include all information and requirements as
6set forth by administrative rule. The application for these
7permits shall be reviewed by the Department to determine if a
8permit will be issued.
9 An annual permit renewal must be accompanied by a
10non-refundable fee as set by the Department. The annual fee
11for a residential Herpetoculture permit shall be set by
12administrative rule. The Department shall adopt, by
13administrative rule, any additional procedures for the renewal
14of a Herpetoculture permit. All fees shall be deposited into
15the Illinois Wildlife Preservation Fund.
16 As determined by administrative rule, non-residents may
17apply for a permit not to exceed 15 consecutive days to
18commercialize herptiles indigenous to this State as outlined
19in this Article. The application, procedures, and fee for the
20permit and permit renewal shall be set by administrative rule,
21and all fees shall be deposited into the Illinois Wildlife
22Preservation Fund.
23(Source: P.A. 102-315, eff. 1-1-22.)
24 (510 ILCS 68/65-5)

HB3856 Engrossed- 42 -LRB103 30981 DTM 57576 b
1 Sec. 65-5. Permit application and fees. An applicant for a
2Herptile Special Use permit must file an application with the
3Department on a form provided by the Department. The
4application must include all information and requirements as
5set forth by administrative rule.
6 The annual fee for a residential Herptile Special Use
7permit shall be set by administrative rule. The Herptile
8Special Use permit shall not be based on the number of special
9use herptile kept by an owner or possessor. All fees shall be
10deposited into the Illinois Wildlife Preservation Fund.
11 The Department shall adopt, by administrative rule,
12procedures for the renewal of annual Herptile Special Use
13permits.
14 Any person possessing and in legal possession of a special
15use herptile as stipulated in this Article that no longer
16wishes to keep the herptile may be assisted by the Department,
17at no charge to them and without prosecution, to place the
18special use herptile in a new home, within 30 days after the
19effective date of this Act.
20 The Department may issue a Limited Entry permit to an
21applicant who: (i) is not a resident of this State; (ii)
22complies with the requirements of this Act and all rules
23adopted by the Department under the authority of this Act;
24(iii) provides proof to the Department that he or she shall,
25during the permit term, maintain sufficient liability
26insurance coverage; (iv) pays to the Department, along with

HB3856 Engrossed- 43 -LRB103 30981 DTM 57576 b
1each application for a Limited Entry permit, a non-refundable
2fee as set by administrative rule, which the Department shall
3deposit into the Illinois Wildlife Preservation Fund; and (v)
4uses the herptile for an activity authorized in the Limited
5Entry permit. A Limited Entry permit shall be valid for not
6more than 15 consecutive days. The application, review, and
7procedures to obtain or renew a Limited Entry permit shall be
8set 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
13this Act is a Class A misdemeanor.
14 (b) A person who violates Article 85 of this Act is guilty
15of a Class A misdemeanor for a first offense and a Class 4
16felony for a second or subsequent offense.
17 (c) A person who violates Article 75 of this Act is guilty
18of a Class B misdemeanor. A violation of the record keeping
19requirement for each individual special use herptile
20constitutes a separate offense.
21 (d) Any person who takes, possesses, captures, kills, or
22disposes of any herptile protected under this Act in violation
23of this Act is guilty of a Class B misdemeanor unless otherwise
24stated in this Act.
25 (e) All fines and penalties collected under the authority

HB3856 Engrossed- 44 -LRB103 30981 DTM 57576 b
1of this Act or its administrative rules shall be deposited
2into 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
6by this Act shall be collected and remitted to the Illinois
7Department's Wildlife Preservation Fund, within 30 days after
8the collection of the fine, by the clerk of the circuit court
9collecting the fines who shall submit at the same time to the
10Department a statement of the names of the persons so fined and
11the name of the arresting officer, the offense committed, the
12amount 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.
16Every collecting device, including seines, nets, traps,
17pillowcases, bags, snake hooks or tongs, or any electrical
18device or any other devices including vehicles or conveyance,
19watercraft, or aircraft used or operated illegally or
20attempted to be used or operated illegally by any person in
21taking, transporting, holding, or conveying any herptile life
22or any part or parts of a herptile, contrary to this Act,
23including administrative rules, shall be deemed a public
24nuisance and therefore illegal and subject to seizure and

HB3856 Engrossed- 45 -LRB103 30981 DTM 57576 b
1confiscation by any authorized employee of the Department.
2Upon the seizure of this item, the Department shall take and
3hold the item until disposed of as provided in this Act.
4 Upon the seizure of any device because of its illegal use,
5the officer or authorized employee of the Department making
6the seizure shall, as soon as reasonably possible, cause a
7complaint to be filed before the circuit court and a summons to
8be issued requiring the owner or person in possession of the
9property to appear in court and show cause why the device
10seized should not be forfeited to the State. Upon the return of
11the summons duly served or upon posting or publication of
12notice as provided in this Act, the court shall proceed to
13determine the question of the illegality of the use of the
14seized property. Upon judgment being entered that the property
15was illegally used, an order shall be entered providing for
16the forfeiture of the seized property to the State. The owner
17of the property may have a jury determine the illegality of its
18use and shall have the right of an appeal as in other civil
19cases. Confiscation or forfeiture shall not preclude or
20mitigate against prosecution and assessment of penalties
21provided in this Act.
22 Upon seizure of any property under circumstances
23supporting a reasonable belief that the property was
24abandoned, lost, stolen, or otherwise illegally possessed or
25used contrary to this Act, except property seized during a
26search or arrest, and ultimately returned, destroyed, or

HB3856 Engrossed- 46 -LRB103 30981 DTM 57576 b
1otherwise disposed of under order of a court in accordance
2with this Act, the authorized employee of the Department shall
3make reasonable inquiry and efforts to identify and notify the
4owner or other person entitled to possession of the property
5and shall return the property after the person provides
6reasonable and satisfactory proof of his or her ownership or
7right to possession and reimburses the Department for all
8reasonable expenses of custody. If the identity or location of
9the owner or other person entitled to possession of the
10property has not been ascertained within 6 months after the
11Department obtains possession, the Department shall effectuate
12the sale of the property for cash to the highest bidder at a
13public auction. The owner or other person entitled to
14possession of the property may claim and recover possession of
15the property at any time before its sale at public auction upon
16providing reasonable and satisfactory proof of ownership or
17right of possession and reimbursing the Department for all
18reasonable expenses of custody.
19 Any property forfeited to the State by court order under
20this Section may be disposed of by public auction, except that
21any property that is the subject of a court order shall not be
22disposed of pending appeal of the order. The proceeds of the
23sales at auction shall be deposited in the Illinois Wildlife
24Preservation Fund.
25 The Department shall pay all costs of posting or
26publication of notices required by this Section.

HB3856 Engrossed- 47 -LRB103 30981 DTM 57576 b
1 Property seized or forfeited under this Section is subject
2to 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;
6disposition of money received. All fees, fines, income of
7whatever kind or nature derived from herptile activities
8regulated by this Act on lands, waters, or both under the
9jurisdiction or control of the Department and all penalties
10collected under this Act shall be deposited into the State
11treasury and shall be set apart in a special fund known as the
12Illinois Wildlife Preservation Fund.
13(Source: P.A. 102-315, eff. 1-1-22.)
14 Section 100. The Unified Code of Corrections is amended by
15changing 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
18not-for-profit laboratory registered with the Drug Enforcement
19Administration of the United States Department of Justice,
20substantially funded by a unit or combination of units of
21local government or the State of Illinois, which regularly
22employs at least one person engaged in the analysis of
23controlled substances, cannabis, methamphetamine, or steroids

HB3856 Engrossed- 48 -LRB103 30981 DTM 57576 b
1for criminal justice agencies in criminal matters and provides
2testimony with respect to such examinations.
3 (b) (Blank).
4 (c) In addition to any other disposition made pursuant to
5the provisions of the Juvenile Court Act of 1987, any minor
6adjudicated delinquent for an offense which if committed by an
7adult would constitute a violation of the Cannabis Control
8Act, the Illinois Controlled Substances Act, the
9Methamphetamine Control and Community Protection Act, or the
10Steroid Control Act shall be required to pay a criminal
11laboratory analysis assessment of $100 for each adjudication.
12Upon verified petition of the minor, the court may suspend
13payment of all or part of the assessment if it finds that the
14minor does not have the ability to pay the assessment. The
15parent, guardian, or legal custodian of the minor may pay some
16or all of such assessment on the minor's behalf.
17 (d) All criminal laboratory analysis fees provided for by
18this Section shall be collected by the clerk of the court and
19forwarded to the appropriate crime laboratory fund as provided
20in subsection (f).
21 (e) Crime laboratory funds shall be established as
22follows:
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

HB3856 Engrossed- 49 -LRB103 30981 DTM 57576 b
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)
19of this Section shall be forwarded to the office of the
20treasurer of the unit of local government that performed the
21analysis if that unit of local government has established a
22crime laboratory fund, or to the State Crime Laboratory Fund
23if the analysis was performed by a laboratory operated by the
24Illinois State Police. If the analysis was performed by a
25crime laboratory funded by a combination of units of local
26government, the analysis assessment shall be forwarded to the

HB3856 Engrossed- 50 -LRB103 30981 DTM 57576 b
1treasurer of the county where the crime laboratory is situated
2if a crime laboratory fund has been established in that
3county. If the unit of local government or combination of
4units of local government has not established a crime
5laboratory fund, then the analysis assessment shall be
6forwarded to the State Crime Laboratory Fund.
7 (g) Moneys deposited into a crime laboratory fund created
8pursuant to paragraph (1) or (2) of subsection (e) of this
9Section shall be in addition to any allocations made pursuant
10to existing law and shall be designated for the exclusive use
11of the crime laboratory. These uses may include, but are not
12limited 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
22created pursuant to paragraph (3) of subsection (d) of this
23Section shall be used by State crime laboratories as
24designated by the Director of the Illinois State Police. These
25funds shall be in addition to any allocations made pursuant to
26existing law and shall be designated for the exclusive use of

HB3856 Engrossed- 51 -LRB103 30981 DTM 57576 b
1State crime laboratories or for the sexual assault evidence
2tracking system created under Section 50 of the Sexual Assault
3Evidence Submission Act. These uses may include those
4enumerated in subsection (g) of this Section.
5(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21;
6102-538, 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
10substantially funded by a single unit or combination of units
11of local government or the State of Illinois that regularly
12employs at least one person engaged in the DUI analysis of
13blood, other bodily substance, and urine for criminal justice
14agencies in criminal matters and provides testimony with
15respect to such examinations.
16 "DUI analysis" means an analysis of blood, other bodily
17substance, or urine for purposes of determining whether a
18violation of Section 11-501 of the Illinois Vehicle Code has
19occurred.
20 (b) (Blank).
21 (c) In addition to any other disposition made under the
22provisions of the Juvenile Court Act of 1987, any minor
23adjudicated delinquent for an offense which if committed by an
24adult would constitute a violation of Section 11-501 of the
25Illinois Vehicle Code shall pay a crime laboratory DUI

HB3856 Engrossed- 52 -LRB103 30981 DTM 57576 b
1analysis assessment of $150 for each adjudication. Upon
2verified petition of the minor, the court may suspend payment
3of all or part of the assessment if it finds that the minor
4does not have the ability to pay the assessment. The parent,
5guardian, or legal custodian of the minor may pay some or all
6of the assessment on the minor's behalf.
7 (d) All crime laboratory DUI analysis assessments provided
8for by this Section shall be collected by the clerk of the
9court and forwarded to the appropriate crime laboratory DUI
10fund as provided in subsection (f).
11 (e) Crime laboratory funds shall be established as
12follows:
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)
22of this Section shall be forwarded to the office of the
23treasurer of the unit of local government that performed the
24analysis if that unit of local government has established a
25crime laboratory DUI fund, or remitted to the State Treasurer
26for deposit into the State Crime Laboratory Fund if the

HB3856 Engrossed- 53 -LRB103 30981 DTM 57576 b
1analysis was performed by a laboratory operated by the
2Illinois State Police. If the analysis was performed by a
3crime laboratory funded by a combination of units of local
4government, the analysis assessment shall be forwarded to the
5treasurer of the county where the crime laboratory is situated
6if a crime laboratory DUI fund has been established in that
7county. If the unit of local government or combination of
8units of local government has not established a crime
9laboratory DUI fund, then the analysis assessment shall be
10remitted to the State Treasurer for deposit into the State
11Crime Laboratory Fund.
12 (g) Moneys deposited into a crime laboratory DUI fund
13created under paragraphs (1) and (2) of subsection (e) of this
14Section shall be in addition to any allocations made pursuant
15to existing law and shall be designated for the exclusive use
16of the crime laboratory. These uses may include, but are not
17limited 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
26shall be used by State crime laboratories as designated by the

HB3856 Engrossed- 54 -LRB103 30981 DTM 57576 b
1Director of the Illinois State Police. These funds shall be in
2addition to any allocations made according to existing law and
3shall be designated for the exclusive use of State crime
4laboratories. These uses may include those enumerated in
5subsection (g) of this Section.
6 (i) (Blank). Notwithstanding any other provision of law to
7the contrary and in addition to any other transfers that may be
8provided by law, on June 17, 2021 (the effective date of Public
9Act 102-16), or as soon thereafter as practical, the State
10Comptroller shall direct and the State Treasurer shall
11transfer the remaining balance from the State Police DUI Fund
12into the State Police Operations Assistance Fund. Upon
13completion of the transfer, the State Police DUI Fund is
14dissolved, and any future deposits due to that Fund and any
15outstanding obligations or liabilities of that Fund shall pass
16to the State Police Operations Assistance Fund.
17(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
18102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
19 Section 999. Effective date. This Act takes effect upon
20becoming law.

HB3856 Engrossed- 55 -LRB103 30981 DTM 57576 b
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 505/34.10from Ch. 23, par. 5034.10
4 20 ILCS 505/5b rep.
5 20 ILCS 801/1-15
6 20 ILCS 2105/2105-300was 20 ILCS 2105/61e
7 20 ILCS 2310/2310-130was 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-1from Ch. 127, par. 142p1
13 30 ILCS 105/6p-8
14 30 ILCS 105/6z-82
15 30 ILCS 105/8.16bfrom 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

HB3856 Engrossed- 56 -LRB103 30981 DTM 57576 b