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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 34.10 as follows:
(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
Sec. 34.10. Home child care demonstration project;
conversion and renovation grants; Department of Human
Services.
(a) The legislature finds that the demand for quality
child care far outweighs the number of safe, quality spaces
for our children. The purpose of this Section is to increase
the number of child care providers by:
(1) developing a demonstration project to train
individuals to become home child care providers who are
able to establish and operate their own child care
facility; and
(2) providing grants to convert and renovate existing
facilities.
(b) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
establish a demonstration project to train individuals to
become home child care providers who are able to establish and

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operate their own home-based child care facilities. The
Department of Human Services is authorized to use funds for
this purpose from the child care and development funds
deposited into the DHS Special Purposes Trust Fund as
described in Section 12-10 of the Illinois Public Aid Code or
deposited into the Employment and Training Fund as described
in Section 12-10.3 of the Illinois Public Aid Code and, until
October 1, 1998, the Child Care and Development Fund created
by the 87th General Assembly. As an economic development
program, the project's focus is to foster individual
self-sufficiency through an entrepreneurial approach by the
creation of new jobs and opening of new small home-based child
care businesses. The demonstration project shall involve
coordination among State and county governments and the
private sector, including but not limited to: the community
college system, the Departments of Labor and Commerce and
Economic Opportunity, the State Board of Education, large and
small private businesses, nonprofit programs, unions, and
child care providers in the State.
The Department shall submit:
(1) a progress report on the demonstration project to
the legislature by one year after January 1, 1992 (the
effective date of Public Act 87-332) this amendatory Act
of 1991; and
(2) a final evaluation report on the demonstration
project, including findings and recommendations, to the

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legislature by one year after the due date of the progress
report.
(c) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
provide grants to family child care providers and center based
programs to convert and renovate existing facilities, to the
extent permitted by federal law, so additional family child
care homes and child care centers can be located in such
facilities.
(1) Applications for grants shall be made to the
Department and shall contain information as the Department
shall require by rule. Every applicant shall provide
assurance to the Department that:
(A) the facility to be renovated or improved shall
be used as family child care home or child care center
for a continuous period of at least 5 years;
(B) any family child care home or child care
center program located in a renovated or improved
facility shall be licensed by the Department;
(C) the program shall comply with applicable
federal and State laws prohibiting discrimination
against any person on the basis of race, color,
national origin, religion, creed, or sex;
(D) the grant shall not be used for purposes of
entertainment or perquisites;
(E) the applicant shall comply with any other

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requirement the Department may prescribe to ensure
adherence to applicable federal, State, and county
laws;
(F) all renovations and improvements undertaken
with funds received under this Section shall comply
with all applicable State and county statutes and
ordinances including applicable building codes and
structural requirements of the Department; and
(G) the applicant shall indemnify and save
harmless the State and its officers, agents, and
employees from and against any and all claims arising
out of or resulting from the renovation and
improvements made with funds provided by this Section,
and, upon request of the Department, the applicant
shall procure sufficient insurance to provide that
indemnification.
(2) To receive a grant under this Section to convert
an existing facility into a family child care home or
child care center facility, the applicant shall:
(A) agree to make available to the Department of
Human Services all records it may have relating to the
operation of any family child care home and child care
center facility, and to allow State agencies to
monitor its compliance with the purpose of this
Section;
(B) agree that, if the facility is to be altered or

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improved, or is to be used by other groups, moneys
appropriated by this Section shall be used for
renovating or improving the facility only to the
proportionate extent that the floor space will be used
by the child care program; and
(C) establish, to the satisfaction of the
Department that sufficient funds are available for the
effective use of the facility for the purpose for
which it is being renovated or improved.
(3) In selecting applicants for funding, the
Department shall make every effort to ensure that family
child care home or child care center facilities are
equitably distributed throughout the State according to
demographic need. The Department shall give priority
consideration to rural/Downstate areas of the State that
are currently experiencing a shortage of child care
services.
(4) In considering applications for grants to renovate
or improve an existing facility used for the operations of
a family child care home or child care center, the
Department shall give preference to applications to
renovate facilities most in need of repair to address
safety and habitability concerns. No grant shall be
disbursed unless an agreement is entered into between the
applicant and the State, by and through the Department.
The agreement shall include the assurances and conditions

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required by this Section and any other terms which the
Department may require.
(Source: P.A. 99-933, eff. 1-27-17.)
(20 ILCS 505/5b rep.)
Section 10. The Children and Family Services Act is
amended by repealing Section 5b.
Section 15. The Department of Natural Resources Act is
amended by changing Section 1-15 as follows:
(20 ILCS 801/1-15)
Sec. 1-15. General powers and duties.
(a) It shall be the duty of the Department to investigate
practical problems, implement studies, conduct research and
provide assistance, information and data relating to the
technology and administration of the natural history,
entomology, zoology, and botany of this State; the geology and
natural resources of this State; the water and atmospheric
resources of this State; and the archeological and cultural
history of this State.
(b) The Department (i) shall obtain, store, and process
relevant data; recommend technological, administrative, and
legislative changes and developments; cooperate with other
federal, state, and local governmental research agencies,
facilities, or institutes in the selection of projects for

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study; cooperate with the Board of Higher Education and with
the public and private colleges and universities in this State
in developing relevant interdisciplinary approaches to
problems; and evaluate curricula at all levels of education
and provide assistance to instructors and (ii) may sponsor an
annual conference of leaders in government, industry, health,
and education to evaluate the state of this State's
environment and natural resources.
(c) The Director, in accordance with the Personnel Code,
shall employ such personnel, provide such facilities, and
contract for such outside services as may be necessary to
carry out the purposes of the Department. Maximum use shall be
made of existing federal and state agencies, facilities, and
personnel in conducting research under this Act.
(c-5) The Department may use the services of, and enter
into necessary agreements with, outside entities for the
purpose of evaluating grant applications and for the purpose
of administering or monitoring compliance with grant
agreements. Contracts under this subsection shall not exceed 2
years in length.
(d) In addition to its other powers, the Department has
the following powers:
(1) To obtain, store, process, and provide data and
information related to the powers and duties of the
Department under this Act. This subdivision (d)(1) does
not give authority to the Department to require reports

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from nongovernmental sources or entities.
(2) To cooperate with and support the Illinois Science
and Technology Advisory Committee and the Illinois
Coalition for the purpose of facilitating the effective
operations and activities of such entities. Support may
include, but need not be limited to, providing space for
the operations of the Committee and the Illinois
Coalition.
(e) The Department is authorized to make grants to local
not-for-profit organizations for the purposes of development,
maintenance and study of wetland areas.
(f) The Department has the authority to accept, receive
and administer on behalf of the State any gifts, bequests,
donations, income from property rental and endowments. Any
such funds received by the Department shall be deposited into
the DNR Special Projects Natural Resources Fund, a trust
special fund which is hereby created in the State treasury,
and used for the purposes of this Act or, when appropriate, for
such purposes and under such restrictions, terms and
conditions as are predetermined by the donor or grantor of
such funds or property. Any accrued interest from money
deposited into the DNR Special Projects Natural Resources Fund
shall be reinvested into the Fund and used in the same manner
as the principal. The Director shall maintain records which
account for and assure that restricted funds or property are
disbursed or used pursuant to the restrictions, terms or

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conditions of the donor.
(g) The Department shall recognize, preserve, and promote
our special heritage of recreational hunting and trapping by
providing opportunities to hunt and trap in accordance with
the Wildlife Code.
(h) Within 5 years after the effective date of this
amendatory Act of the 102nd General Assembly, the Department
shall fly a United States Flag, an Illinois flag, and a POW/MIA
flag at all State parks. Donations may be made by groups and
individuals to the DNR Department's Special Projects Fund for
costs related to the implementation of this subsection.
(Source: P.A. 102-388, eff. 1-1-22; 102-699, eff. 4-19-22.)
Section 20. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-300 as follows:
(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
Sec. 2105-300. Professions Indirect Cost Fund;
allocations; analyses.
(a) Appropriations for the direct and allocable indirect
costs of licensing and regulating each regulated profession,
trade, occupation, or industry are intended to be payable from
the fees and fines that are assessed and collected from that
profession, trade, occupation, or industry, to the extent that
those fees and fines are sufficient. In any fiscal year in

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which the fees and fines generated by a specific profession,
trade, occupation, or industry are insufficient to finance the
necessary direct and allocable indirect costs of licensing and
regulating that profession, trade, occupation, or industry,
the remainder of those costs shall be financed from
appropriations payable from revenue sources other than fees
and fines. The direct and allocable indirect costs of the
Department identified in its cost allocation plans that are
not attributable to the licensing and regulation of a specific
profession, trade, or occupation, or industry or group of
professions, trades, occupations, or industries shall be
financed from appropriations from revenue sources other than
fees and fines.
(b) The Professions Indirect Cost Fund is hereby created
as a special fund in the State Treasury. The Except as provided
in subsection (e), the Fund may receive transfers of moneys
authorized by the Department from the cash balances in special
funds that receive revenues from the fees and fines associated
with the licensing of regulated professions, trades,
occupations, and industries by the Department. Moneys in the
Fund shall be invested and earnings on the investments shall
be retained in the Fund. Subject to appropriation, the
Department shall use moneys in the Fund to pay the ordinary and
necessary allocable indirect expenses associated with each of
the regulated professions, trades, occupations, and
industries.

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(c) Before the beginning of each fiscal year, the
Department shall prepare a cost allocation analysis to be used
in establishing the necessary appropriation levels for each
cost purpose and revenue source. At the conclusion of each
fiscal year, the Department shall prepare a cost allocation
analysis reflecting the extent of the variation between how
the costs were actually financed in that year and the planned
cost allocation for that year. Variations between the planned
and actual cost allocations for the prior fiscal year shall be
adjusted into the Department's planned cost allocation for the
next fiscal year.
Each cost allocation analysis shall separately identify
the direct and allocable indirect costs of each regulated
profession, trade, occupation, or industry and the costs of
the Department's general public health and safety purposes.
The analyses shall determine whether the direct and allocable
indirect costs of each regulated profession, trade,
occupation, or industry and the costs of the Department's
general public health and safety purposes are sufficiently
financed from their respective funding sources. The Department
shall prepare the cost allocation analyses in consultation
with the respective regulated professions, trades,
occupations, and industries and shall make copies of the
analyses available to them in a timely fashion.
(d) The Except as provided in subsection (e), the
Department may direct the State Comptroller and Treasurer to

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

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(20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82)
Sec. 2310-130. Medicare or Medicaid certification fee;
Health Care Facility and Program Survey Fund. To establish and
charge a fee to any facility or program applying to be
certified to participate in the Medicare program under Title
XVIII of the federal Social Security Act or in the Medicaid
program under Title XIX of the federal Social Security Act to
cover the costs associated with the application, inspection,
and survey of the facility or program and processing of the
application. The Department shall establish the fee by rule,
and the fee shall be based only on those application,
inspection, and survey and processing costs not reimbursed to
the State by the federal government. The fee shall be paid by
the facility or program before the application is processed.
The fees received by the Department under this Section
shall be deposited into the Long Term Care Monitor/Receiver
Health Care Facility and Program Survey Fund, which is hereby
created as a special fund in the State treasury. Moneys in the
Fund shall be appropriated to the Department and may be used
for any costs incurred by the Department, including personnel
costs, in the processing of applications for Medicare or
Medicaid certification.
Beginning July 1, 2011, the Department shall employ a
minimum of one surveyor for every 500 licensed long term care
beds. Beginning July 1, 2012, the Department shall employ a

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minimum of one surveyor for every 400 licensed long term care
beds. Beginning July 1, 2013, the Department shall employ a
minimum of one surveyor for every 300 licensed long term care
beds.
The Department shall establish a surveyor development unit
funded from money deposited in the Long Term Care
Monitor/Receiver Fund.
(Source: P.A. 96-1372, eff. 7-29-10; 97-489, eff. 1-1-12.)
Section 30. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-595 as follows:
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act,
the Firearm Dealer License Certification Act, and Section 5 of
the Firearm Owners Identification Card Act. The Fund may also
receive revenue from grants, pass-through grants, donations,
appropriations, and any other legal source.
(a-5) (Blank). Notwithstanding any other provision of law
to the contrary, and in addition to any other transfers that
may be provided by law, on the effective date of this
amendatory Act of the 102nd General Assembly, or as soon

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thereafter as practical, the State Comptroller shall direct
and the State Treasurer shall transfer the remaining balance
from the Firearm Dealer License Certification Fund into the
State Police Firearm Services Fund. Upon completion of the
transfer, the Firearm Dealer License Certification Fund is
dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the State Police Firearm Services Fund.
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes, mandates, functions, and
duties under the Firearm Owners Identification Card Act, the
Firearm Dealer License Certification Act, and the Firearm
Concealed Carry Act, including the cost of sending notices of
expiration of Firearm Owner's Identification Cards, concealed
carry licenses, the prompt and efficient processing of
applications under the Firearm Owners Identification Card Act
and the Firearm Concealed Carry Act, the improved efficiency
and reporting of the LEADS and federal NICS law enforcement
data systems, and support for investigations required under
these Acts and law. Any surplus funds beyond what is needed to
comply with the aforementioned purposes shall be used by the
Illinois State Police to improve the Law Enforcement Agencies
Data System (LEADS) and criminal history background check
system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund

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for the uses specified in this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
(20 ILCS 4005/8.5 rep.)
Section 35. The Illinois Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Act is
amended by repealing Section 8.5.
Section 40. The State Finance Act is amended by changing
Sections 6p-1, 6p-8, 6z-82, and 8.16b and by adding Sections
5.991 and 5.992 as follows:
(30 ILCS 105/5.991 new)
Sec. 5.991. The Industrial Biotechnology Human Capital
Fund.
(30 ILCS 105/5.992 new)
Sec. 5.992. The Industrial Biotechnology Capital
Maintenance Fund.
(30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
Sec. 6p-1. The Technology Management Revolving Fund
(formerly known as the Statistical Services Revolving Fund)
shall be initially financed by a transfer of funds from the
General Revenue Fund. Thereafter, all fees and other monies
received by the Department of Innovation and Technology in

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payment for information technology and related services
rendered pursuant to subsection (e) of Section 1-15 of the
Department of Innovation and Technology Act shall be paid into
the Technology Management Revolving Fund. All On and after
July 1, 2017, or after sufficient moneys have been received in
the Communications Revolving Fund to pay all Fiscal Year 2017
obligations payable from the Fund, whichever is later, all
fees and other moneys received by the Department of Innovation
and Technology Central Management Services in payment for
communications services rendered pursuant to the Department of
Innovation and Technology Act Central Management Services Law
of the Civil Administrative Code of Illinois or sale of
surplus State communications equipment shall be paid into the
Technology Management Revolving Fund. The money in this fund
shall be used by the Department of Innovation and Technology
as reimbursement for expenditures incurred in rendering
information technology and related services and, beginning
July 1, 2017, as reimbursement for expenditures incurred in
relation to communications services.
(Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22.)
(30 ILCS 105/6p-8)
Sec. 6p-8. Court of Claims Federal Recovery Victim
Compensation Grant Fund. The Court of Claims Federal Recovery
Victim Compensation Grant Fund is created as a special fund in
the State treasury. The Fund shall consist of federal Victims

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of Crime Act grant funds awarded to the Court of Claims from
the U.S. Department of Justice, Office of Justice Programs,
Office for Victims of Crime for the payment of claims pursuant
to the Crime Victims Compensation Act (740 ILCS 45/). All
moneys in the Fund shall be used for payment of claims pursuant
to the Crime Victims Compensation Act (740 ILCS 45/). The
General Assembly may appropriate moneys from the Court of
Claims Federal Recovery Victim Compensation Grant Fund to the
Court of Claims for the purpose of payment of claims pursuant
to the Crime Victims Compensation Act (740 ILCS 45/). On July
1, 2023, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Court of Claims
Federal Recovery Victim Compensation Grant Fund into the Court
of Claims Federal Grant Fund. Upon completion of the transfer,
the Court of Claims Federal Recovery Victim Compensation Grant
Fund is dissolved, and any future deposits due to that Fund and
any outstanding obligations or liabilities of that Fund shall
pass to the Court of Claims Federal Grant Fund. This Section is
repealed on January 1, 2024.
(Source: P.A. 96-959, eff. 7-1-10.)
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund

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

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investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(f) (Blank).
(g) (Blank). Notwithstanding any other provision of State
law to the contrary, on or after July 1, 2021, in addition to
any other transfers that may be provided for by law, at the
direction of and upon notification from the Director of the
Illinois State Police, the State Comptroller shall direct and
the State Treasurer shall transfer amounts not exceeding
$7,000,000 into the State Police Operations Assistance Fund
from the State Police Services Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
Sec. 8.16b. Appropriations for expenses related to
communications services pursuant to the Civil Administrative
Code of Illinois are payable from the Technology Management
Communications Revolving Fund. However, no contract shall be
entered into or obligation incurred for any expenditure from
the Technology Management Communications Revolving Fund until
after the purpose and amount has been approved in writing by
the Secretary of Innovation and Technology.
(Source: P.A. 100-611, eff. 7-20-18.)

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(30 ILCS 105/5.287 rep.)
(30 ILCS 105/5.665 rep.)
(30 ILCS 105/5.730 rep.)
(30 ILCS 105/5.749 rep.)
(30 ILCS 105/5.759 rep.)
(30 ILCS 105/5.823 rep.)
(30 ILCS 105/6p-2 rep.)
Section 45. The State Finance Act is amended by repealing
Sections 5.287, 5.665, 5.730, 5.749, 5.759, 5.823, and 6p-2.
Section 50. The State Property Control Act is amended by
changing Section 7c as follows:
(30 ILCS 605/7c)
Sec. 7c. Acquisition of Illinois State Police vehicles.
(a) The State Police Vehicle Fund is created as a special
fund in the State treasury. All moneys in the Fund, subject to
appropriation, shall be used by the Illinois State Police:
(1) for the acquisition of vehicles for the Illinois
State Police;
(2) for debt service on bonds issued to finance the
acquisition of vehicles for the Illinois State Police; or
(3) for the maintenance and operation of vehicles for
the Illinois State Police.
(b) (Blank). Notwithstanding any other provision of law to

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the contrary, and in addition to any other transfers that may
be provided by law, on August 20, 2021 (the effective date of
Public Act 102-505), or as soon thereafter as practicable, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Police Vehicle
Maintenance Fund into the State Police Vehicle Fund. Upon
completion of the transfer, the State Police Vehicle
Maintenance Fund is dissolved, and any future deposits due to
that Fund and any outstanding obligations or liabilities of
that Fund shall pass to the State Police Vehicle Fund.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 55. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.86, 3.116, and 3.220 as
follows:
(210 ILCS 50/3.86)
Sec. 3.86. Stretcher van providers.
(a) In this Section, "stretcher van provider" means an
entity licensed by the Department to provide non-emergency
transportation of passengers on a stretcher in compliance with
this Act or the rules adopted by the Department pursuant to
this Act, utilizing stretcher vans.
(b) The Department has the authority and responsibility to
do the following:

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(1) Require all stretcher van providers, both publicly
and privately owned, to be licensed by the Department.
(2) Establish licensing and safety standards and
requirements for stretcher van providers, through rules
adopted pursuant to this Act, including but not limited
to:
(A) Vehicle design, specification, operation, and
maintenance standards.
(B) Safety equipment requirements and standards.
(C) Staffing requirements.
(D) Annual license renewal.
(3) License all stretcher van providers that have met
the Department's requirements for licensure.
(4) Annually inspect all licensed stretcher van
providers, and relicense providers that have met the
Department's requirements for license renewal.
(5) Suspend, revoke, refuse to issue, or refuse to
renew the license of any stretcher van provider, or that
portion of a license pertaining to a specific vehicle
operated by a provider, after an opportunity for a
hearing, when findings show that the provider or one or
more of its vehicles has failed to comply with the
standards and requirements of this Act or the rules
adopted by the Department pursuant to this Act.
(6) Issue an emergency suspension order for any
provider or vehicle licensed under this Act when the

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Director or his or her designee has determined that an
immediate or serious danger to the public health, safety,
and welfare exists. Suspension or revocation proceedings
that offer an opportunity for a hearing shall be promptly
initiated after the emergency suspension order has been
issued.
(7) Prohibit any stretcher van provider from
advertising, identifying its vehicles, or disseminating
information in a false or misleading manner concerning the
provider's type and level of vehicles, location, response
times, level of personnel, licensure status, or EMS System
participation.
(8) Charge each stretcher van provider a fee, to be
submitted with each application for licensure and license
renewal.
(c) A stretcher van provider may provide transport of a
passenger on a stretcher, provided the passenger meets all of
the following requirements:
(1) (Blank).
(2) He or she needs no medical monitoring or clinical
observation.
(3) He or she needs routine transportation to or from
a medical appointment or service if the passenger is
convalescent or otherwise bed-confined and does not
require clinical observation, aid, care, or treatment
during transport.

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(d) A stretcher van provider may not transport a passenger
who meets any of the following conditions:
(1) He or she is being transported to a hospital for
emergency medical treatment.
(2) He or she is experiencing an emergency medical
condition or needs active medical monitoring, including
isolation precautions, supplemental oxygen that is not
self-administered, continuous airway management,
suctioning during transport, or the administration of
intravenous fluids during transport.
(e) (Blank). The Stretcher Van Licensure Fund is created
as a special fund within the State treasury. All fees received
by the Department in connection with the licensure of
stretcher van providers under this Section shall be deposited
into the fund. Moneys in the fund shall be subject to
appropriation to the Department for use in implementing this
Section.
(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11;
97-689, eff. 6-14-12.)
(210 ILCS 50/3.116)
Sec. 3.116. Hospital Stroke Care; definitions. As used in
Sections 3.116 through 3.119, 3.130, and 3.200, and 3.226 of
this Act:
"Acute Stroke-Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for

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providing emergent stroke care. Designation may be provided
after a hospital has been certified or through application and
designation as such.
"Certification" or "certified" means certification, using
evidence-based standards, from a nationally recognized
certifying body approved by the Department.
"Comprehensive Stroke Center" means a hospital that has
been certified and has been designated as such.
"Designation" or "designated" means the Department's
recognition of a hospital as a Comprehensive Stroke Center,
Primary Stroke Center, or Acute Stroke-Ready Hospital.
"Emergent stroke care" is emergency medical care that
includes diagnosis and emergency medical treatment of acute
stroke patients.
"Emergent Stroke Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for
providing emergent stroke care.
"Primary Stroke Center" means a hospital that has been
certified by a Department-approved, nationally recognized
certifying body and designated as such by the Department.
"Regional Stroke Advisory Subcommittee" means a
subcommittee formed within each Regional EMS Advisory
Committee to advise the Director and the Region's EMS Medical
Directors Committee on the triage, treatment, and transport of
possible acute stroke patients and to select the Region's
representative to the State Stroke Advisory Subcommittee. At

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minimum, the Regional Stroke Advisory Subcommittee shall
consist of: one representative from the EMS Medical Directors
Committee; one EMS coordinator from a Resource Hospital; one
administrative representative or his or her designee from each
level of stroke care, including Comprehensive Stroke Centers
within the Region, if any, Primary Stroke Centers within the
Region, if any, and Acute Stroke-Ready Hospitals within the
Region, if any; one physician from each level of stroke care,
including one physician who is a neurologist or who provides
advanced stroke care at a Comprehensive Stroke Center in the
Region, if any, one physician who is a neurologist or who
provides acute stroke care at a Primary Stroke Center in the
Region, if any, and one physician who provides acute stroke
care at an Acute Stroke-Ready Hospital in the Region, if any;
one nurse practicing in each level of stroke care, including
one nurse from a Comprehensive Stroke Center in the Region, if
any, one nurse from a Primary Stroke Center in the Region, if
any, and one nurse from an Acute Stroke-Ready Hospital in the
Region, if any; one representative from both a public and a
private vehicle service provider that transports possible
acute stroke patients within the Region; the State-designated
regional EMS Coordinator; and a fire chief or his or her
designee from the EMS Region, if the Region serves a
population of more than 2,000,000. The Regional Stroke
Advisory Subcommittee shall establish bylaws to ensure equal
membership that rotates and clearly delineates committee

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responsibilities and structure. Of the members first
appointed, one-third shall be appointed for a term of one
year, one-third shall be appointed for a term of 2 years, and
the remaining members shall be appointed for a term of 3 years.
The terms of subsequent appointees shall be 3 years.
"State Stroke Advisory Subcommittee" means a standing
advisory body within the State Emergency Medical Services
Advisory Council.
(Source: P.A. 102-687, eff. 12-17-21.)
(210 ILCS 50/3.220)
Sec. 3.220. EMS Assistance Fund.
(a) There is hereby created an "EMS Assistance Fund"
within the State treasury, for the purpose of receiving fines
and fees collected by the Illinois Department of Public Health
pursuant to this Act.
(b) (Blank).
(b-5) All licensing, testing, and certification fees
authorized by this Act, excluding ambulance licensure fees,
within this fund shall be used by the Department for
administration, oversight, and enforcement of activities
authorized under this Act.
(c) All other moneys within this fund shall be distributed
by the Department to the EMS Regions for disbursement in
accordance with protocols established in the EMS Region Plans,
for the purposes of organization, development and improvement

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of Emergency Medical Services Systems, including but not
limited to training of personnel and acquisition, modification
and maintenance of necessary supplies, equipment and vehicles.
(d) All fees and fines collected pursuant to this Act
shall be deposited into the EMS Assistance Fund, except that
all fees collected under Section 3.86 in connection with the
licensure of stretcher van providers shall be deposited into
the Stretcher Van Licensure Fund.
(Source: P.A. 100-201, eff. 8-18-17.)
(210 ILCS 50/3.226 rep.)
Section 60. The Emergency Medical Services (EMS) Systems
Act is amended by repealing Section 3.226.
(225 ILCS 728/27 rep.)
Section 65. The Illinois Petroleum Education and Marketing
Act is amended by repealing Section 27.
Section 70. The Illinois Public Aid Code is amended by
changing Section 12-10 as follows:
(305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
Sec. 12-10. DHS Special Purposes Trust Fund; uses. The DHS
Special Purposes Trust Fund, to be held outside the State
Treasury by the State Treasurer as ex-officio custodian, shall
consist of (1) any federal grants received under Section

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

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Fund into the Employment and Training fund such amounts as may
be directed in writing by the Secretary of Human Services.
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
Section 75. The Medicaid Technical Assistance Act is
amended by changing Sections 185-20 and 185-25 as follows:
(305 ILCS 75/185-20)
Sec. 185-20. Federal financial participation. The
Department of Healthcare and Family Services, to the extent
allowable under federal law, shall maximize federal financial
participation for any moneys appropriated to the Department
for the Medicaid Technical Assistance Center. Any federal
financial participation funds obtained in accordance with this
Section shall be used for the further development and
expansion of the Medicaid Technical Assistance Center. All
federal financial participation funds obtained under this
subsection shall be deposited into the Medicaid Technical
Assistance Center Fund created under Section 185-25 25.
(Source: P.A. 102-4, eff. 4-27-21.)
(305 ILCS 75/185-25)
Sec. 185-25. Medicaid Technical Assistance Center Fund.
The Medicaid Technical Assistance Center Fund is created as a
special fund in the State treasury. The Fund shall consist of
any moneys appropriated to the Department of Healthcare and

HB3856 Engrossed - 32 - LRB103 30981 DTM 57576 b
Family Services for the purposes of this Act and any federal
financial participation funds obtained as provided under
Section 185-20 20. Subject to appropriation, moneys in the
Fund shall be used for carrying out the purposes of this Act
and for no other purpose. All interest earned on the moneys in
the Fund shall be deposited into the Fund.
(Source: P.A. 102-4, eff. 4-27-21.)
Section 80. The Environmental Protection Act is amended by
changing Section 55.6a as follows:
(415 ILCS 5/55.6a)
Sec. 55.6a. Emergency Public Health Fund.
(a) Moneys Beginning on July 1, 2003, moneys in the
Emergency Public Health Fund, subject to appropriation, shall
be allocated annually as follows: (i) $300,000 to the
University of Illinois for the purposes described in Section
55.6(c)(6) and (ii) subject to subsection (b) of this Section,
all remaining amounts to the Department of Public Health to be
used to make vector control grants and surveillance grants to
the Cook County Department of Public Health (for areas of the
County excluding the City of Chicago), to the City of Chicago
health department, and to other certified local health
departments. These grants shall be used for expenses related
to West Nile Virus and other vector-borne diseases. The amount
of each grant shall be based on population and need as

HB3856 Engrossed - 33 - LRB103 30981 DTM 57576 b
supported by information submitted to the Department of Public
Health. For the purposes of this Section, need shall be
determined by the Department based primarily upon surveillance
data and the number of positive human cases of West Nile Virus
and other vector-borne diseases occurring during the preceding
year and current year in the county or municipality seeking
the grant.
(b) (Blank). Beginning on July 31, 2003, on the last day of
each month, the State Comptroller shall order transferred and
the State Treasurer shall transfer the fees collected in the
previous month pursuant to item (1.5) of subsection (a) of
Section 55.8 from the Emergency Public Health Fund to the
Communications Revolving Fund. These transfers shall continue
until the cumulative total of the transfers is $3,000,000.
(Source: P.A. 100-327, eff. 8-24-17.)
Section 85. The Electric Vehicle Rebate Act is amended by
changing Section 40 as follows:
(415 ILCS 120/40)
Sec. 40. Appropriations from the Electric Vehicle Rebate
Fund.
(a) User Fees Funds. The Agency shall estimate the amount
of user fees expected to be collected under Section 35 of this
Act for each fiscal year. User fee funds shall be deposited
into and distributed from the Electric Vehicle Rebate

HB3856 Engrossed - 34 - LRB103 30981 DTM 57576 b
Alternate Fuels Fund in the following manner:
(1) An In each of fiscal years 1999, 2000, 2001, 2002,
and 2003, an amount not to exceed $200,000, and beginning
in fiscal year 2004 an annual amount not to exceed
$225,000, may be appropriated to the Agency from the
Electric Vehicle Rebate Alternate Fuels Fund to pay its
costs of administering the programs authorized by Section
27 of this Act. An Up to $200,000 may be appropriated to
the Office of the Secretary of State in each of fiscal
years 1999, 2000, 2001, 2002, and 2003 from the Alternate
Fuels Fund to pay the Secretary of State's costs of
administering the programs authorized under this Act.
Beginning in fiscal year 2004 and in each fiscal year
thereafter, an amount not to exceed $225,000 may be
appropriated to the Secretary of State from the Electric
Vehicle Rebate Alternate Fuels Fund to pay the Secretary
of State's costs of administering the programs authorized
under this Act.
(2) In fiscal year 2022 and each fiscal year
thereafter, after appropriation of the amounts authorized
by item (1) of subsection (a) of this Section, the
remaining moneys estimated to be collected during each
fiscal year shall be appropriated.
(3) (Blank).
(4) Moneys appropriated to fund the programs
authorized in Sections 25 and 30 shall be expended only

HB3856 Engrossed - 35 - LRB103 30981 DTM 57576 b
after they have been collected and deposited into the
Electric Vehicle Rebate Alternate Fuels Fund.
(b) General Revenue Fund Appropriations. General Revenue
Fund amounts appropriated to and deposited into the Electric
Vehicle Rebate Fund shall be distributed from the Electric
Vehicle Rebate Fund to fund the program authorized in Section
27.
(Source: P.A. 102-662, eff. 9-15-21.)
Section 90. The Cigarette Fire Safety Standard Act is
amended by changing Section 45 as follows:
(425 ILCS 8/45)
Sec. 45. Penalties.
(a) Any manufacturer, wholesale dealer, agent, or other
person or entity who knowingly sells cigarettes wholesale in
violation of item (3) of subsection (a) of Section 10 of this
Act shall be subject to a civil penalty not to exceed $10,000
for each sale of the cigarettes. Any retail dealer who
knowingly sells cigarettes in violation of Section 10 of this
Act shall be subject to the following: (i) a civil penalty not
to exceed $500 for each sale or offer for sale of cigarettes,
provided that the total number of cigarettes sold or offered
for sale in such sale does not exceed 1,000 cigarettes; (ii) a
civil penalty not to exceed $1,000 for each sale or offer for
sale of the cigarettes, provided that the total number of

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

HB3856 Engrossed - 37 - LRB103 30981 DTM 57576 b
in addition to any other transfers that may be provided by law,
on July 1, 2016, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Cigarette Fire Safety
Standard Act Fund into the General Revenue Fund. Upon
completion of the transfers, the Cigarette Fire Safety
Standard Act Fund is dissolved, and any future deposits due to
that Fund and any outstanding obligations or liabilities of
that Fund pass to the General Revenue Fund.
(Source: P.A. 99-576, eff. 7-15-16.)
Section 95. The Herptiles-Herps Act is amended by changing
Sections 5-20, 10-40, 20-30, 25-30, 55-5, 65-5, 90-5, 105-35,
105-55, and 105-75 as follows:
(510 ILCS 68/5-20)
Sec. 5-20. Propagation of endangered or threatened
species.
(a) No person shall take or possess for the purpose of
propagation any of the herptiles listed in the Illinois
Endangered Species Protection Act, the federal Endangered
Species Act of 1973, or administrative rules unless authorized
by a Herptile Endangered and Threatened Species Propagation
permit issued by the Department. For the purpose of
propagation only, a Herptile Endangered and Threatened Species
Propagation permit shall allow a resident of this State to

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

HB3856 Engrossed - 39 - LRB103 30981 DTM 57576 b
the Illinois Endangered Species Protection Act, this Act, or
administrative rule.
(e) Any changes in threatened or endangered species
inventory for herptiles by current, existing Herptile
Endangered and Threatened Species Propagation permit holders
shall be reported to the Department in writing no later than
the first business day after that change occurred.
Applications for permits to possess and take herptiles shall
be reviewed by the Department as provided by this Act or
administrative rule.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/10-40)
Sec. 10-40. Additional regulations. Venomous reptiles
shall not be bred, sold, or offered for sale within this State.
The Department may approve limited transfers among existing
permittees as set forth in administrative rule.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use venomous
reptiles in bona fide educational programs. The fee for the
permit shall be set by administrative rule, and all fees shall
be deposited into the Illinois Wildlife Preservation Fund.

HB3856 Engrossed - 40 - LRB103 30981 DTM 57576 b
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/20-30)
Sec. 20-30. Additional regulations. Crocodilians shall not
be bred, sold, or offered for sale within this State. However,
the Department may approve, by rule, limited transfers among
existing permittees.
As determined by the Department through administrative
rule, non-residents may apply for a permit not to exceed 15
consecutive days to use crocodilians in bona fide educational
programs. The fee for this permit shall be set by
administrative rule, and all fees shall be deposited into the
Illinois Wildlife Preservation Fund.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/25-30)
Sec. 25-30. Additional regulations. Monitor lizards shall
not be bred, sold, or offered for sale within this State.
However, the Department may approve, by rule, limited
transfers among existing permittees.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use monitor
lizards in bona fide educational programs. The fee for the
permit shall be set by administrative rule, and all fees shall
be deposited into the Illinois Wildlife Preservation Fund.
(Source: P.A. 102-315, eff. 1-1-22.)

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

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Sec. 65-5. Permit application and fees. An applicant for a
Herptile Special Use permit must file an application with the
Department on a form provided by the Department. The
application must include all information and requirements as
set forth by administrative rule.
The annual fee for a residential Herptile Special Use
permit shall be set by administrative rule. The Herptile
Special Use permit shall not be based on the number of special
use herptile kept by an owner or possessor. All fees shall be
deposited into the Illinois Wildlife Preservation Fund.
The Department shall adopt, by administrative rule,
procedures for the renewal of annual Herptile Special Use
permits.
Any person possessing and in legal possession of a special
use herptile as stipulated in this Article that no longer
wishes to keep the herptile may be assisted by the Department,
at no charge to them and without prosecution, to place the
special use herptile in a new home, within 30 days after the
effective date of this Act.
The Department may issue a Limited Entry permit to an
applicant who: (i) is not a resident of this State; (ii)
complies with the requirements of this Act and all rules
adopted by the Department under the authority of this Act;
(iii) provides proof to the Department that he or she shall,
during the permit term, maintain sufficient liability
insurance coverage; (iv) pays to the Department, along with

HB3856 Engrossed - 43 - LRB103 30981 DTM 57576 b
each application for a Limited Entry permit, a non-refundable
fee as set by administrative rule, which the Department shall
deposit into the Illinois Wildlife Preservation Fund; and (v)
uses the herptile for an activity authorized in the Limited
Entry permit. A Limited Entry permit shall be valid for not
more than 15 consecutive days. The application, review, and
procedures to obtain or renew a Limited Entry permit shall be
set by administrative rule.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/90-5)
Sec. 90-5. Penalties.
(a) Unless otherwise stated in this Act, a violation of
this Act is a Class A misdemeanor.
(b) A person who violates Article 85 of this Act is guilty
of a Class A misdemeanor for a first offense and a Class 4
felony for a second or subsequent offense.
(c) A person who violates Article 75 of this Act is guilty
of a Class B misdemeanor. A violation of the record keeping
requirement for each individual special use herptile
constitutes a separate offense.
(d) Any person who takes, possesses, captures, kills, or
disposes of any herptile protected under this Act in violation
of this Act is guilty of a Class B misdemeanor unless otherwise
stated in this Act.
(e) All fines and penalties collected under the authority

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of this Act or its administrative rules shall be deposited
into the Illinois Wildlife Preservation Fund.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-35)
Sec. 105-35. Collection of fines. All fines provided for
by this Act shall be collected and remitted to the Illinois
Department's Wildlife Preservation Fund, within 30 days after
the collection of the fine, by the clerk of the circuit court
collecting the fines who shall submit at the same time to the
Department a statement of the names of the persons so fined and
the name of the arresting officer, the offense committed, the
amount of the fine, and the date of the conviction.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-55)
Sec. 105-55. Illegal collecting devices; public nuisance.
Every collecting device, including seines, nets, traps,
pillowcases, bags, snake hooks or tongs, or any electrical
device or any other devices including vehicles or conveyance,
watercraft, or aircraft used or operated illegally or
attempted to be used or operated illegally by any person in
taking, transporting, holding, or conveying any herptile life
or any part or parts of a herptile, contrary to this Act,
including administrative rules, shall be deemed a public
nuisance and therefore illegal and subject to seizure and

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

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

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Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-75)
Sec. 105-75. Illinois Wildlife Preservation Fund;
disposition of money received. All fees, fines, income of
whatever kind or nature derived from herptile activities
regulated by this Act on lands, waters, or both under the
jurisdiction or control of the Department and all penalties
collected under this Act shall be deposited into the State
treasury and shall be set apart in a special fund known as the
Illinois Wildlife Preservation Fund.
(Source: P.A. 102-315, eff. 1-1-22.)
Section 100. The Unified Code of Corrections is amended by
changing Sections 5-9-1.4 and 5-9-1.9 as follows:
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of
local government or the State of Illinois, which regularly
employs at least one person engaged in the analysis of
controlled substances, cannabis, methamphetamine, or steroids

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for criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or the
Steroid Control Act shall be required to pay a criminal
laboratory analysis assessment of $100 for each adjudication.
Upon verified petition of the minor, the court may suspend
payment of all or part of the assessment if it finds that the
minor does not have the ability to pay the assessment. The
parent, guardian, or legal custodian of the minor may pay some
or all of such assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which

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maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury. Notwithstanding
any other provision of law to the contrary, and in
addition to any other transfers that may be provided by
law, on August 20, 2021 (the effective date of Public Act
102-505), or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Offender DNA
Identification System Fund into the State Crime Laboratory
Fund. Upon completion of the transfer, the State Offender
DNA Identification System Fund is dissolved, and any
future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the
State Crime Laboratory Fund.
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund
if the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the

HB3856 Engrossed - 50 - LRB103 30981 DTM 57576 b
treasurer of the county where the crime laboratory is situated
if a crime laboratory fund has been established in that
county. If the unit of local government or combination of
units of local government has not established a crime
laboratory fund, then the analysis assessment shall be
forwarded to the State Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraph (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as
designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of

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State crime laboratories or for the sexual assault evidence
tracking system created under Section 50 of the Sexual Assault
Evidence Submission Act. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) (Blank).
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall pay a crime laboratory DUI

HB3856 Engrossed - 52 - LRB103 30981 DTM 57576 b
analysis assessment of $150 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the assessment if it finds that the minor
does not have the ability to pay the assessment. The parent,
guardian, or legal custodian of the minor may pay some or all
of the assessment on the minor's behalf.
(d) All crime laboratory DUI analysis assessments provided
for by this Section shall be collected by the clerk of the
court and forwarded to the appropriate crime laboratory DUI
fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) (Blank).
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or remitted to the State Treasurer
for deposit into the State Crime Laboratory Fund if the

HB3856 Engrossed - 53 - LRB103 30981 DTM 57576 b
analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory DUI fund has been established in that
county. If the unit of local government or combination of
units of local government has not established a crime
laboratory DUI fund, then the analysis assessment shall be
remitted to the State Treasurer for deposit into the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by State crime laboratories as designated by the

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Director of the Illinois State Police. These funds shall be in
addition to any allocations made according to existing law and
shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g) of this Section.
(i) (Blank). Notwithstanding any other provision of law to
the contrary and in addition to any other transfers that may be
provided by law, on June 17, 2021 (the effective date of Public
Act 102-16), or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Police DUI Fund
into the State Police Operations Assistance Fund. Upon
completion of the transfer, the State Police DUI Fund is
dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the State Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 999. Effective date. This Act takes effect upon
becoming law.
HB3856 Engrossed - 55 - LRB103 30981 DTM 57576 b
INDEX
Statutes amended in order of appearance
20 ILCS 505/34.10 from Ch. 23, par. 5034.10
20 ILCS 505/5b rep.
20 ILCS 801/1-15
20 ILCS 2105/2105-300 was 20 ILCS 2105/61e
20 ILCS 2310/2310-130 was 20 ILCS 2310/55.82
20 ILCS 2605/2605-595
20 ILCS 4005/8.5 rep.
30 ILCS 105/5.991 new
30 ILCS 105/5.992 new
30 ILCS 105/6p-1 from Ch. 127, par. 142p1
30 ILCS 105/6p-8
30 ILCS 105/6z-82
30 ILCS 105/8.16b from Ch. 127, par. 144.16b
30 ILCS 105/5.287 rep.
30 ILCS 105/5.665 rep.
30 ILCS 105/5.730 rep.
30 ILCS 105/5.749 rep.
30 ILCS 105/5.759 rep.
30 ILCS 105/5.823 rep.
30 ILCS 105/6p-2 rep.
30 ILCS 605/7c
210 ILCS 50/3.86
210 ILCS 50/3.116
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