Rep. Matt Hanson

Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.

Creates the State Agency Retainage Act. Provides that, if a State agency determines that satisfactory progress has not been achieved by a contractor or subcontractor during any period for which a payment is to be made, a percentage of the payment may be retained by the State agency. Prohibits the amount of retainage under the Act from exceeding 10% of the amount of any and all draw amounts submitted and approved under the terms of the contract until the contract is 50% completed. Prohibits retainage of more than 5% of the contract of the amount of any and all draw amounts submitted and approved under the terms of the contract for the duration of the contract. Authorizes retainage to be adjusted as the contract approaches completion to recognize better than expected performance, the ability to rely on alternative safeguards, and other factors. Further provides that on completion of all contract requirements, amounts retained under the Act must be paid promptly. Defines the terms "retainage" and "State agency". Amends the State Prompt Payment Act. Specifies that the State Prompt Payment Act does not apply to retainage withheld under the State Agency Retainage Act.

Amends the Illinois Vehicle Code. Requires every applicant for the renewal of a driver's license who is 79 years or older to renew in person. Requires every applicant for the renewal of a driver's license who is 87 years of age or or who is 75 years of age or older and holds a commercial driver's license to prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle. Allows an immediate family member to submit information to the Secretary of State relative to the medical condition of a person if the condition interferes with the person's ability to operate a motor vehicle safely. Requires information to be submitted in writing in a manner and form approved by the Secretary and shall include the name of the person submitting the information. Prohibits the Secretary from accepting or acting on anonymous reports. Makes other changes. Effective July 1, 2026.

Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that Local Emergency Planning Committees and the State Emergency Response Commission shall partner with schools and school districts regarding safety threats posed by storage and transport of hazardous substances near schools. Provides requirements for a comprehensive emergency response plan to go into effect. Details duties of the State Emergency Response Commission, working in consultation with Local Emergency Planning Committees and schools, with respect to planning and preparedness. Provides for rulemaking by the Illinois Emergency Management Agency and Office of Homeland Security. Directs the Illinois Emergency Response Commission and Local Emergency Response Committees to create a timeline for compliance with the requirements of the amendatory Act not to exceed 2 years. Defines terms.

Amends the Illinois Municipal Code. Provides that a municipality must set aside, in a dedicated account, 10% of the funds the municipality receives from an insurer on account of ambulance or fire services provided by the municipality. Provides that the municipality may only use the funds in the dedicated account for purchasing and maintaining ambulances, fire engines, and other vehicles used to provide emergency services.

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall establish an online portal that allows units of local government to submit forms electronically to the Department. The online portal shall provide a tracking feature for the submission as well as a point of contact at the Department of Transportation.

Maddy summaryHB 871 amends the Attorney General Act. It makes a technical change to a section concerning the short title of the act.

Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that a sexual assault services voucher may be used to seek payment for, among other things, taxi services and car-sharing programs. Defines "car-sharing program".

Amends the PFAS Reduction Act. Provides that, beginning January 1, 2026, any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or firefighting equipment that sells firefighting personal protective equipment containing PFAS chemicals to any person, local government, or State agency shall provide written notice to the purchaser at the time of sale which shall state: (i) that the firefighting personal protective equipment contains PFAS chemicals; and (ii) the reason PFAS chemicals are added to the equipment. Requires the seller and the purchaser of the equipment to retain a copy of the required notice on file for at least 3 years from the date of the purchase. Provides that, upon the request of the Agency, the seller shall furnish the notice, or written copies, and associated sales documentation to the Agency within 60 days of such request. Provides that, beginning January 1, 2027, a person that sells firefighting personal protective equipment to any person, local government, or State agency shall not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the State any firefighting personal protective equipment containing intentionally added PFAS chemicals. Defines terms.

Amends the Radiation Protection Act of 1990. Provides that all intrastate and interstate shippers or carriers (rather than intrastate and interstate carriers) of irradiated nuclear reactor fuel are required to notify the Illinois Emergency Management Agency and Office of Homeland Security no less than 7 days (rather than 24 hours) prior to any transportation of irradiated nuclear reactor fuel. Changes the definition of "carrier" and "irradiated reactor fuel". Adds a definition of "shipper". Provides that the Agency may collect, store, and dispose of uncontrolled sources of radiation that have entered the public domain and that the Agency considers to be a threat to public health and safety or the environment. Authorizes the Agency to assess actual costs, as appropriate, for the collection, storage, and disposal of uncontrolled sources of radiation that have entered the public domain and that the Agency considers to be a threat to public health and safety or the environment against any person that owns, owned, possesses, or is responsible for the radioactive material entering the public domain.