Bill Text: IL SB3186 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the State Finance Act. Provides that beginning on the effective date of this amendatory Act of the 100th General Assembly, all moneys collected and payable to the Department of State Police under specified provision of the Unified Code of Corrections shall be deposited into the State Police Operations Assistance Fund. Provides that the State Police Streetgang-Related Crime Fund will be dissolved and the remaining balance shall be transferred into the State Police Operations Assistance Fund. Amends the Unified Code of Corrections. Provides that the Sex Offender Investigation Fund will be dissolved and the remaining balance shall be transferred into the Offender Registration Fund. Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that the Murderer and Violent Offender Against Youth Registration Fund will be dissolved and the remaining balance shall be transferred into the Offender Registration Fund. Amends the Illinois Act on Aging. Removes provisions requiring the Department of Aging to delay Community Care Program services until an applicant is determined eligible for medical assistance under specified provisions of the Illinois Public Aid Code. Makes other changes in various Acts. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2018-09-30 - Chief Sponsor Changed to Sen. William E. Brady [SB3186 Detail]

Download: Illinois-2017-SB3186-Engrossed.html



SB3186 EngrossedLRB100 18485 XWW 33701 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 5. AMENDATORY PROVISIONS
5 Section 5-5. The State Fair Act is amended by changing
6Section 6 as follows:
7 (20 ILCS 210/6) (from Ch. 127, par. 1706)
8 Sec. 6. Policies, procedures, and powers concerning the
9operation of fairs.
10 (a) Policies. The Department shall, pursuant to the
11Illinois Administrative Procedure Act, establish by rule:
12 (1) the policy for the operation of the Illinois State
13 Fair and the DuQuoin State Fair, except those operations
14 regarding contests as provided for in subparagraphs (b) and
15 (c) of this Section, and
16 (2) the policies and procedures for the sale, barter,
17 or exchange of tickets and for ticket refunds for cancelled
18 events.
19 (b) Contests. The Department shall establish and make
20available, for all contestants and other interested persons,
21sufficient copies of a premium book or other publication that
22establishes the kinds and classes of events or exhibits for

SB3186 Engrossed- 2 -LRB100 18485 XWW 33701 b
1contests at the fairs, the conditions under which contestants
2shall be entered into contests, the qualification and
3disqualification requirements of contests, the drug testing
4requirements for contests (if applicable), the premiums to be
5offered to contest winners, the manner in which certificates of
6award shall be distributed and premiums paid to contest
7winners, the penalty for violations of a rule, condition,
8instruction, or directive, and requirements of contests,
9including but not limited to the return of all premiums paid,
10the forfeiture of awards, and the prohibition of participating
11in future contests, and all other rules and requirements for
12contests. These rules, conditions, instructions, directives,
13and requirements shall be exempt from the rulemaking procedures
14of the Illinois Administrative Procedure Act. All such
15publications issued by the Department that relate to a contest,
16event, or exhibit shall be maintained as a public record at the
17Department's principal office in Springfield, Illinois, and
18made available for public inspection and copying during regular
19business hours.
20 (c) Fees. The Department shall establish and publish for
21the Illinois State Fair and the DuQuoin State Fair a schedule
22of admission fees, entry fees, concession fees, space rentals
23and other fees for activities offered or provided at each State
24Fair. These schedules of fees shall be maintained as a public
25record at the Department's principal office in Springfield,
26Illinois, and made available for public inspection and copying

SB3186 Engrossed- 3 -LRB100 18485 XWW 33701 b
1during regular business, but shall be exempt from the
2rulemaking procedures of the Illinois Administrative Procedure
3Act.
4 (d) Facilities. The Department may negotiate and enter into
5contracts for activities and use of facilities for which there
6is not an established or published schedule. The contract
7criteria shall be established by rule, pursuant to the Illinois
8Administrative Procedure Act. The Department may lease any of
9its facilities for activities during the State Fair.
10 (e) Advertising. The Illinois State Fair in Springfield and
11the DuQuoin State Fair shall have the power and authority to
12sell or exchange advertising rights in all of its publications
13and printed materials. The sale of advertising shall be subject
14to the rules promulgated by the Department, pursuant to the
15Illinois Administrative Procedure Act. All income derived from
16the sale of advertising at the Illinois State Fair in
17Springfield shall be deposited into the Illinois State Fair
18Fund. All income derived from the sale of advertising at the
19DuQuoin State Fair shall be deposited into the Agricultural
20Premium Fund.
21 (f) Veterans. On the day set aside as Veterans Day,
22honorably discharged veterans and members of their families
23shall be admitted without admission charge upon presentation of
24identification of any of the following: honorable discharge
25certificate, or photostatic copy thereof, or a paid up
26membership card in any recognized veterans organization.

SB3186 Engrossed- 4 -LRB100 18485 XWW 33701 b
1 (g) Government functions. The Governor, Lieutenant
2Governor, Attorney General, Secretary of State, Treasurer,
3Comptroller, President and Minority Leader of the Senate, and
4Minority Leader of the House of Representatives shall be
5afforded space for official governmental functions, without
6charge, during the State Fair and the DuQuoin State Fair.
7(Source: P.A. 93-1055, eff. 11-23-04.)
8 (20 ILCS 720/35 rep.)
9 Section 5-10. The Illinois Main Street Act is amended by
10repealing Section 35.
11 (20 ILCS 1305/10-6 rep.)
12 Section 5-15. The Department of Human Services Act is
13amended by repealing Section 10-6.
14 (20 ILCS 2310/2310-352 rep.)
15 (20 ILCS 2310/2310-358 rep.)
16 (20 ILCS 2310/2310-399 rep.)
17 (20 ILCS 2310/2310-403 rep.)
18 Section 5-20. The Department of Public Health Powers and
19Duties Law of the Civil Administrative Code of Illinois is
20amended by repealing Sections 2310-352, 2310-358, 2310-399,
21and 2310-403.
22 (25 ILCS 130/4-9 rep.)

SB3186 Engrossed- 5 -LRB100 18485 XWW 33701 b
1 Section 5-25. The Legislative Commission Reorganization
2Act of 1984 is amended by repealing Section 4-9.
3 (30 ILCS 105/5.95 rep.)
4 (30 ILCS 105/5.172 rep.)
5 (30 ILCS 105/5.460 rep.)
6 (30 ILCS 105/5.599 rep.)
7 (30 ILCS 105/5.639 rep.)
8 (30 ILCS 105/5.647 rep.)
9 (30 ILCS 105/5.748 rep.)
10 (30 ILCS 105/5.807 rep.)
11 (30 ILCS 105/6a-5 rep.)
12 Section 5-30. The State Finance Act is amended by repealing
13Sections 5.95, 5.172, 5.460, 5.599, 5.639, 5.647, 5.748, 5.807,
14and 6a-5.
15 (30 ILCS 177/Act rep.)
16 Section 5-35. The Transportation Development Partnership
17Act is repealed.
18 (35 ILCS 5/507AA rep.)
19 (35 ILCS 5/507BB rep.)
20 (35 ILCS 5/507HH rep.)
21 (35 ILCS 5/507II rep.)
22 (35 ILCS 5/507TT rep.)
23 Section 5-40. The Illinois Income Tax Act is amended by

SB3186 Engrossed- 6 -LRB100 18485 XWW 33701 b
1repealing Sections 507AA, 507BB, 507HH, 507II, and 507TT.
2 Section 5-45. The Counties Code is amended by changing
3Sections 5-1006.5 and 5-1035.1 as follows:
4 (55 ILCS 5/5-1006.5)
5 Sec. 5-1006.5. Special County Retailers' Occupation Tax
6For Public Safety, Public Facilities, or Transportation.
7 (a) The county board of any county may impose a tax upon
8all persons engaged in the business of selling tangible
9personal property, other than personal property titled or
10registered with an agency of this State's government, at retail
11in the county on the gross receipts from the sales made in the
12course of business to provide revenue to be used exclusively
13for public safety, public facility, or transportation purposes
14in that county, if a proposition for the tax has been submitted
15to the electors of that county and approved by a majority of
16those voting on the question. If imposed, this tax shall be
17imposed only in one-quarter percent increments. By resolution,
18the county board may order the proposition to be submitted at
19any election. If the tax is imposed for transportation purposes
20for expenditures for public highways or as authorized under the
21Illinois Highway Code, the county board must publish notice of
22the existence of its long-range highway transportation plan as
23required or described in Section 5-301 of the Illinois Highway
24Code and must make the plan publicly available prior to

SB3186 Engrossed- 7 -LRB100 18485 XWW 33701 b
1approval of the ordinance or resolution imposing the tax. If
2the tax is imposed for transportation purposes for expenditures
3for passenger rail transportation, the county board must
4publish notice of the existence of its long-range passenger
5rail transportation plan and must make the plan publicly
6available prior to approval of the ordinance or resolution
7imposing the tax.
8 If a tax is imposed for public facilities purposes, then
9the name of the project may be included in the proposition at
10the discretion of the county board as determined in the
11enabling resolution. For example, the "XXX Nursing Home" or the
12"YYY Museum".
13 The county clerk shall certify the question to the proper
14election authority, who shall submit the proposition at an
15election in accordance with the general election law.
16 (1) The proposition for public safety purposes shall be
17 in substantially the following form:
18 "To pay for public safety purposes, shall (name of
19 county) be authorized to impose an increase on its share of
20 local sales taxes by (insert rate)?"
21 As additional information on the ballot below the
22 question shall appear the following:
23 "This would mean that a consumer would pay an
24 additional (insert amount) in sales tax for every $100 of
25 tangible personal property bought at retail."
26 The county board may also opt to establish a sunset

SB3186 Engrossed- 8 -LRB100 18485 XWW 33701 b
1 provision at which time the additional sales tax would
2 cease being collected, if not terminated earlier by a vote
3 of the county board. If the county board votes to include a
4 sunset provision, the proposition for public safety
5 purposes shall be in substantially the following form:
6 "To pay for public safety purposes, shall (name of
7 county) be authorized to impose an increase on its share of
8 local sales taxes by (insert rate) for a period not to
9 exceed (insert number of years)?"
10 As additional information on the ballot below the
11 question shall appear the following:
12 "This would mean that a consumer would pay an
13 additional (insert amount) in sales tax for every $100 of
14 tangible personal property bought at retail. If imposed,
15 the additional tax would cease being collected at the end
16 of (insert number of years), if not terminated earlier by a
17 vote of the county board."
18 For the purposes of the paragraph, "public safety
19 purposes" means crime prevention, detention, fire
20 fighting, police, medical, ambulance, or other emergency
21 services.
22 Votes shall be recorded as "Yes" or "No".
23 Beginning on the January 1 or July 1, whichever is
24 first, that occurs not less than 30 days after May 31, 2015
25 (the effective date of Public Act 99-4), Adams County may
26 impose a public safety retailers' occupation tax and

SB3186 Engrossed- 9 -LRB100 18485 XWW 33701 b
1 service occupation tax at the rate of 0.25%, as provided in
2 the referendum approved by the voters on April 7, 2015,
3 notwithstanding the omission of the additional information
4 that is otherwise required to be printed on the ballot
5 below the question pursuant to this item (1).
6 (2) The proposition for transportation purposes shall
7 be in substantially the following form:
8 "To pay for improvements to roads and other
9 transportation purposes, shall (name of county) be
10 authorized to impose an increase on its share of local
11 sales taxes by (insert rate)?"
12 As additional information on the ballot below the
13 question shall appear the following:
14 "This would mean that a consumer would pay an
15 additional (insert amount) in sales tax for every $100 of
16 tangible personal property bought at retail."
17 The county board may also opt to establish a sunset
18 provision at which time the additional sales tax would
19 cease being collected, if not terminated earlier by a vote
20 of the county board. If the county board votes to include a
21 sunset provision, the proposition for transportation
22 purposes shall be in substantially the following form:
23 "To pay for road improvements and other transportation
24 purposes, shall (name of county) be authorized to impose an
25 increase on its share of local sales taxes by (insert rate)
26 for a period not to exceed (insert number of years)?"

SB3186 Engrossed- 10 -LRB100 18485 XWW 33701 b
1 As additional information on the ballot below the
2 question shall appear the following:
3 "This would mean that a consumer would pay an
4 additional (insert amount) in sales tax for every $100 of
5 tangible personal property bought at retail. If imposed,
6 the additional tax would cease being collected at the end
7 of (insert number of years), if not terminated earlier by a
8 vote of the county board."
9 For the purposes of this paragraph, transportation
10 purposes means construction, maintenance, operation, and
11 improvement of public highways, any other purpose for which
12 a county may expend funds under the Illinois Highway Code,
13 and passenger rail transportation.
14 The votes shall be recorded as "Yes" or "No".
15 (3) The proposition for public facilities purposes
16 shall be in substantially the following form:
17 "To pay for public facilities purposes, shall (name of
18 county) be authorized to impose an increase on its share of
19 local sales taxes by (insert rate)?"
20 As additional information on the ballot below the
21 question shall appear the following:
22 "This would mean that a consumer would pay an
23 additional (insert amount) in sales tax for every $100 of
24 tangible personal property bought at retail."
25 The county board may also opt to establish a sunset
26 provision at which time the additional sales tax would

SB3186 Engrossed- 11 -LRB100 18485 XWW 33701 b
1 cease being collected, if not terminated earlier by a vote
2 of the county board. If the county board votes to include a
3 sunset provision, the proposition for public facilities
4 purposes shall be in substantially the following form:
5 "To pay for public facilities purposes, shall (name of
6 county) be authorized to impose an increase on its share of
7 local sales taxes by (insert rate) for a period not to
8 exceed (insert number of years)?"
9 As additional information on the ballot below the
10 question shall appear the following:
11 "This would mean that a consumer would pay an
12 additional (insert amount) in sales tax for every $100 of
13 tangible personal property bought at retail. If imposed,
14 the additional tax would cease being collected at the end
15 of (insert number of years), if not terminated earlier by a
16 vote of the county board."
17 For purposes of this Section, "public facilities
18 purposes" means the acquisition, development,
19 construction, reconstruction, rehabilitation, improvement,
20 financing, architectural planning, and installation of
21 capital facilities consisting of buildings, structures,
22 and durable equipment and for the acquisition and
23 improvement of real property and interest in real property
24 required, or expected to be required, in connection with
25 the public facilities, for use by the county for the
26 furnishing of governmental services to its citizens,

SB3186 Engrossed- 12 -LRB100 18485 XWW 33701 b
1 including but not limited to museums and nursing homes.
2 The votes shall be recorded as "Yes" or "No".
3 If a majority of the electors voting on the proposition
4vote in favor of it, the county may impose the tax. A county
5may not submit more than one proposition authorized by this
6Section to the electors at any one time.
7 This additional tax may not be imposed on the sales of food
8for human consumption that is to be consumed off the premises
9where it is sold (other than alcoholic beverages, soft drinks,
10and food which has been prepared for immediate consumption) and
11prescription and non-prescription medicines, drugs, medical
12appliances and insulin, urine testing materials, syringes, and
13needles used by diabetics. The tax imposed by a county under
14this Section and all civil penalties that may be assessed as an
15incident of the tax shall be collected and enforced by the
16Illinois Department of Revenue and deposited into a special
17fund created for that purpose. The certificate of registration
18that is issued by the Department to a retailer under the
19Retailers' Occupation Tax Act shall permit the retailer to
20engage in a business that is taxable without registering
21separately with the Department under an ordinance or resolution
22under this Section. The Department has full power to administer
23and enforce this Section, to collect all taxes and penalties
24due under this Section, to dispose of taxes and penalties so
25collected in the manner provided in this Section, and to
26determine all rights to credit memoranda arising on account of

SB3186 Engrossed- 13 -LRB100 18485 XWW 33701 b
1the erroneous payment of a tax or penalty under this Section.
2In the administration of and compliance with this Section, the
3Department and persons who are subject to this Section shall
4(i) have the same rights, remedies, privileges, immunities,
5powers, and duties, (ii) be subject to the same conditions,
6restrictions, limitations, penalties, and definitions of
7terms, and (iii) employ the same modes of procedure as are
8prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
91n, 2 through 2-70 (in respect to all provisions contained in
10those Sections other than the State rate of tax), 2a, 2b, 2c, 3
11(except provisions relating to transaction returns and quarter
12monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
135j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
14of the Retailers' Occupation Tax Act and Section 3-7 of the
15Uniform Penalty and Interest Act as if those provisions were
16set forth in this Section.
17 Persons subject to any tax imposed under the authority
18granted in this Section may reimburse themselves for their
19sellers' tax liability by separately stating the tax as an
20additional charge, which charge may be stated in combination,
21in a single amount, with State tax which sellers are required
22to collect under the Use Tax Act, pursuant to such bracketed
23schedules as the Department may prescribe.
24 Whenever the Department determines that a refund should be
25made under this Section to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

SB3186 Engrossed- 14 -LRB100 18485 XWW 33701 b
1Comptroller, who shall cause the order to be drawn for the
2amount specified and to the person named in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of the County Public Safety or Transportation
5Retailers' Occupation Tax Fund.
6 (b) If a tax has been imposed under subsection (a), a
7service occupation tax shall also be imposed at the same rate
8upon all persons engaged, in the county, in the business of
9making sales of service, who, as an incident to making those
10sales of service, transfer tangible personal property within
11the county as an incident to a sale of service. This tax may
12not be imposed on sales of food for human consumption that is
13to be consumed off the premises where it is sold (other than
14alcoholic beverages, soft drinks, and food prepared for
15immediate consumption) and prescription and non-prescription
16medicines, drugs, medical appliances and insulin, urine
17testing materials, syringes, and needles used by diabetics. The
18tax imposed under this subsection and all civil penalties that
19may be assessed as an incident thereof shall be collected and
20enforced by the Department of Revenue. The Department has full
21power to administer and enforce this subsection; to collect all
22taxes and penalties due hereunder; to dispose of taxes and
23penalties so collected in the manner hereinafter provided; and
24to determine all rights to credit memoranda arising on account
25of the erroneous payment of tax or penalty hereunder. In the
26administration of, and compliance with this subsection, the

SB3186 Engrossed- 15 -LRB100 18485 XWW 33701 b
1Department and persons who are subject to this paragraph shall
2(i) have the same rights, remedies, privileges, immunities,
3powers, and duties, (ii) be subject to the same conditions,
4restrictions, limitations, penalties, exclusions, exemptions,
5and definitions of terms, and (iii) employ the same modes of
6procedure as are prescribed in Sections 2 (except that the
7reference to State in the definition of supplier maintaining a
8place of business in this State shall mean the county), 2a, 2b,
92c, 3 through 3-50 (in respect to all provisions therein other
10than the State rate of tax), 4 (except that the reference to
11the State shall be to the county), 5, 7, 8 (except that the
12jurisdiction to which the tax shall be a debt to the extent
13indicated in that Section 8 shall be the county), 9 (except as
14to the disposition of taxes and penalties collected), 10, 11,
1512 (except the reference therein to Section 2b of the
16Retailers' Occupation Tax Act), 13 (except that any reference
17to the State shall mean the county), Section 15, 16, 17, 18, 19
18and 20 of the Service Occupation Tax Act and Section 3-7 of the
19Uniform Penalty and Interest Act, as fully as if those
20provisions were set forth herein.
21 Persons subject to any tax imposed under the authority
22granted in this subsection may reimburse themselves for their
23serviceman's tax liability by separately stating the tax as an
24additional charge, which charge may be stated in combination,
25in a single amount, with State tax that servicemen are
26authorized to collect under the Service Use Tax Act, in

SB3186 Engrossed- 16 -LRB100 18485 XWW 33701 b
1accordance with such bracket schedules as the Department may
2prescribe.
3 Whenever the Department determines that a refund should be
4made under this subsection to a claimant instead of issuing a
5credit memorandum, the Department shall notify the State
6Comptroller, who shall cause the warrant to be drawn for the
7amount specified, and to the person named, in the notification
8from the Department. The refund shall be paid by the State
9Treasurer out of the County Public Safety or Transportation
10Retailers' Occupation Fund.
11 Nothing in this subsection shall be construed to authorize
12the county to impose a tax upon the privilege of engaging in
13any business which under the Constitution of the United States
14may not be made the subject of taxation by the State.
15 (c) The Department shall immediately pay over to the State
16Treasurer, ex officio, as trustee, all taxes and penalties
17collected under this Section to be deposited into the County
18Public Safety or Transportation Retailers' Occupation Tax
19Fund, which shall be an unappropriated trust fund held outside
20of the State treasury.
21 As soon as possible after the first day of each month,
22beginning January 1, 2011, upon certification of the Department
23of Revenue, the Comptroller shall order transferred, and the
24Treasurer shall transfer, to the STAR Bonds Revenue Fund the
25local sales tax increment, as defined in the Innovation
26Development and Economy Act, collected under this Section

SB3186 Engrossed- 17 -LRB100 18485 XWW 33701 b
1during the second preceding calendar month for sales within a
2STAR bond district.
3 After the monthly transfer to the STAR Bonds Revenue Fund,
4on or before the 25th day of each calendar month, the
5Department shall prepare and certify to the Comptroller the
6disbursement of stated sums of money to the counties from which
7retailers have paid taxes or penalties to the Department during
8the second preceding calendar month. The amount to be paid to
9each county, and deposited by the county into its special fund
10created for the purposes of this Section, shall be the amount
11(not including credit memoranda) collected under this Section
12during the second preceding calendar month by the Department
13plus an amount the Department determines is necessary to offset
14any amounts that were erroneously paid to a different taxing
15body, and not including (i) an amount equal to the amount of
16refunds made during the second preceding calendar month by the
17Department on behalf of the county, (ii) any amount that the
18Department determines is necessary to offset any amounts that
19were payable to a different taxing body but were erroneously
20paid to the county, (iii) any amounts that are transferred to
21the STAR Bonds Revenue Fund, and (iv) 2% of the remainder,
22which shall be transferred into the Tax Compliance and
23Administration Fund. The Department, at the time of each
24monthly disbursement to the counties, shall prepare and certify
25to the State Comptroller the amount to be transferred into the
26Tax Compliance and Administration Fund under this subsection.

SB3186 Engrossed- 18 -LRB100 18485 XWW 33701 b
1Within 10 days after receipt by the Comptroller of the
2disbursement certification to the counties and the Tax
3Compliance and Administration Fund provided for in this Section
4to be given to the Comptroller by the Department, the
5Comptroller shall cause the orders to be drawn for the
6respective amounts in accordance with directions contained in
7the certification.
8 In addition to the disbursement required by the preceding
9paragraph, an allocation shall be made in March of each year to
10each county that received more than $500,000 in disbursements
11under the preceding paragraph in the preceding calendar year.
12The allocation shall be in an amount equal to the average
13monthly distribution made to each such county under the
14preceding paragraph during the preceding calendar year
15(excluding the 2 months of highest receipts). The distribution
16made in March of each year subsequent to the year in which an
17allocation was made pursuant to this paragraph and the
18preceding paragraph shall be reduced by the amount allocated
19and disbursed under this paragraph in the preceding calendar
20year. The Department shall prepare and certify to the
21Comptroller for disbursement the allocations made in
22accordance with this paragraph.
23 A county may direct, by ordinance, that all or a portion of
24the taxes and penalties collected under the Special County
25Retailers' Occupation Tax For Public Safety or Transportation
26be deposited into the Transportation Development Partnership

SB3186 Engrossed- 19 -LRB100 18485 XWW 33701 b
1Trust Fund.
2 (d) For the purpose of determining the local governmental
3unit whose tax is applicable, a retail sale by a producer of
4coal or another mineral mined in Illinois is a sale at retail
5at the place where the coal or other mineral mined in Illinois
6is extracted from the earth. This paragraph does not apply to
7coal or another mineral when it is delivered or shipped by the
8seller to the purchaser at a point outside Illinois so that the
9sale is exempt under the United States Constitution as a sale
10in interstate or foreign commerce.
11 (e) Nothing in this Section shall be construed to authorize
12a county to impose a tax upon the privilege of engaging in any
13business that under the Constitution of the United States may
14not be made the subject of taxation by this State.
15 (e-5) If a county imposes a tax under this Section, the
16county board may, by ordinance, discontinue or lower the rate
17of the tax. If the county board lowers the tax rate or
18discontinues the tax, a referendum must be held in accordance
19with subsection (a) of this Section in order to increase the
20rate of the tax or to reimpose the discontinued tax.
21 (f) Beginning April 1, 1998 and through December 31, 2013,
22the results of any election authorizing a proposition to impose
23a tax under this Section or effecting a change in the rate of
24tax, or any ordinance lowering the rate or discontinuing the
25tax, shall be certified by the county clerk and filed with the
26Illinois Department of Revenue either (i) on or before the

SB3186 Engrossed- 20 -LRB100 18485 XWW 33701 b
1first day of April, whereupon the Department shall proceed to
2administer and enforce the tax as of the first day of July next
3following the filing; or (ii) on or before the first day of
4October, whereupon the Department shall proceed to administer
5and enforce the tax as of the first day of January next
6following the filing.
7 Beginning January 1, 2014, the results of any election
8authorizing a proposition to impose a tax under this Section or
9effecting an increase in the rate of tax, along with the
10ordinance adopted to impose the tax or increase the rate of the
11tax, or any ordinance adopted to lower the rate or discontinue
12the tax, shall be certified by the county clerk and filed with
13the Illinois Department of Revenue either (i) on or before the
14first day of May, whereupon the Department shall proceed to
15administer and enforce the tax as of the first day of July next
16following the adoption and filing; or (ii) on or before the
17first day of October, whereupon the Department shall proceed to
18administer and enforce the tax as of the first day of January
19next following the adoption and filing.
20 (g) When certifying the amount of a monthly disbursement to
21a county under this Section, the Department shall increase or
22decrease the amounts by an amount necessary to offset any
23miscalculation of previous disbursements. The offset amount
24shall be the amount erroneously disbursed within the previous 6
25months from the time a miscalculation is discovered.
26 (h) This Section may be cited as the "Special County

SB3186 Engrossed- 21 -LRB100 18485 XWW 33701 b
1Occupation Tax For Public Safety, Public Facilities, or
2Transportation Law".
3 (i) For purposes of this Section, "public safety" includes,
4but is not limited to, crime prevention, detention, fire
5fighting, police, medical, ambulance, or other emergency
6services. The county may share tax proceeds received under this
7Section for public safety purposes, including proceeds
8received before August 4, 2009 (the effective date of Public
9Act 96-124), with any fire protection district located in the
10county. For the purposes of this Section, "transportation"
11includes, but is not limited to, the construction, maintenance,
12operation, and improvement of public highways, any other
13purpose for which a county may expend funds under the Illinois
14Highway Code, and passenger rail transportation. For the
15purposes of this Section, "public facilities purposes"
16includes, but is not limited to, the acquisition, development,
17construction, reconstruction, rehabilitation, improvement,
18financing, architectural planning, and installation of capital
19facilities consisting of buildings, structures, and durable
20equipment and for the acquisition and improvement of real
21property and interest in real property required, or expected to
22be required, in connection with the public facilities, for use
23by the county for the furnishing of governmental services to
24its citizens, including but not limited to museums and nursing
25homes.
26 (j) The Department may promulgate rules to implement Public

SB3186 Engrossed- 22 -LRB100 18485 XWW 33701 b
1Act 95-1002 only to the extent necessary to apply the existing
2rules for the Special County Retailers' Occupation Tax for
3Public Safety to this new purpose for public facilities.
4(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
5eff. 7-28-16; 100-23, eff. 7-6-17.)
6 (55 ILCS 5/5-1035.1) (from Ch. 34, par. 5-1035.1)
7 Sec. 5-1035.1. County Motor Fuel Tax Law. The county board
8of the counties of DuPage, Kane and McHenry may, by an
9ordinance or resolution adopted by an affirmative vote of a
10majority of the members elected or appointed to the county
11board, impose a tax upon all persons engaged in the county in
12the business of selling motor fuel, as now or hereafter defined
13in the Motor Fuel Tax Law, at retail for the operation of motor
14vehicles upon public highways or for the operation of
15recreational watercraft upon waterways. Kane County may exempt
16diesel fuel from the tax imposed pursuant to this Section. The
17tax may be imposed, in half-cent increments, at a rate not
18exceeding 4 cents per gallon of motor fuel sold at retail
19within the county for the purpose of use or consumption and not
20for the purpose of resale. The proceeds from the tax shall be
21used by the county solely for the purpose of operating,
22constructing and improving public highways and waterways, and
23acquiring real property and right-of-ways for public highways
24and waterways within the county imposing the tax.
25 A tax imposed pursuant to this Section, and all civil

SB3186 Engrossed- 23 -LRB100 18485 XWW 33701 b
1penalties that may be assessed as an incident thereof, shall be
2administered, collected and enforced by the Illinois
3Department of Revenue in the same manner as the tax imposed
4under the Retailers' Occupation Tax Act, as now or hereafter
5amended, insofar as may be practicable; except that in the
6event of a conflict with the provisions of this Section, this
7Section shall control. The Department of Revenue shall have
8full power: to administer and enforce this Section; to collect
9all taxes and penalties due hereunder; to dispose of taxes and
10penalties so collected in the manner hereinafter provided; and
11to determine all rights to credit memoranda arising on account
12of the erroneous payment of tax or penalty hereunder.
13 Whenever the Department determines that a refund shall be
14made under this Section to a claimant instead of issuing a
15credit memorandum, the Department shall notify the State
16Comptroller, who shall cause the order to be drawn for the
17amount specified, and to the person named, in the notification
18from the Department. The refund shall be paid by the State
19Treasurer out of the County Option Motor Fuel Tax Fund.
20 The Department shall forthwith pay over to the State
21Treasurer, ex-officio, as trustee, all taxes and penalties
22collected hereunder, which shall be deposited into the County
23Option Motor Fuel Tax Fund, a special fund in the State
24Treasury which is hereby created. On or before the 25th day of
25each calendar month, the Department shall prepare and certify
26to the State Comptroller the disbursement of stated sums of

SB3186 Engrossed- 24 -LRB100 18485 XWW 33701 b
1money to named counties for which taxpayers have paid taxes or
2penalties hereunder to the Department during the second
3preceding calendar month. The amount to be paid to each county
4shall be the amount (not including credit memoranda) collected
5hereunder from retailers within the county during the second
6preceding calendar month by the Department, but not including
7an amount equal to the amount of refunds made during the second
8preceding calendar month by the Department on behalf of the
9county; less 2% of the balance, which sum shall be retained by
10the State Treasurer to cover the costs incurred by the
11Department in administering and enforcing the provisions of
12this Section. The Department, at the time of each monthly
13disbursement to the counties, shall prepare and certify to the
14Comptroller the amount so retained by the State Treasurer,
15which shall be transferred into the Tax Compliance and
16Administration Fund.
17 A county may direct, by ordinance, that all or a portion of
18the taxes and penalties collected under the County Option Motor
19Fuel Tax shall be deposited into the Transportation Development
20Partnership Trust Fund.
21 Nothing in this Section shall be construed to authorize a
22county to impose a tax upon the privilege of engaging in any
23business which under the Constitution of the United States may
24not be made the subject of taxation by this State.
25 An ordinance or resolution imposing a tax hereunder or
26effecting a change in the rate thereof shall be effective on

SB3186 Engrossed- 25 -LRB100 18485 XWW 33701 b
1the first day of the second calendar month next following the
2month in which the ordinance or resolution is adopted and a
3certified copy thereof is filed with the Department of Revenue,
4whereupon the Department of Revenue shall proceed to administer
5and enforce this Section on behalf of the county as of the
6effective date of the ordinance or resolution. Upon a change in
7rate of a tax levied hereunder, or upon the discontinuance of
8the tax, the county board of the county shall, on or not later
9than 5 days after the effective date of the ordinance or
10resolution discontinuing the tax or effecting a change in rate,
11transmit to the Department of Revenue a certified copy of the
12ordinance or resolution effecting the change or
13discontinuance.
14 This Section shall be known and may be cited as the County
15Motor Fuel Tax Law.
16(Source: P.A. 98-1049, eff. 8-25-14.)
17
ARTICLE 10. MANDATE RELIEF
18 Section 10-5. The Election Code is amended by changing
19Sections 4-8, 4-25, 5-7, 5-35, 6-35, and 6-71 as follows:
20 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
21 Sec. 4-8. The county clerk shall provide a sufficient
22number of blank forms for the registration of electors, which
23shall be known as registration record cards and which shall

SB3186 Engrossed- 26 -LRB100 18485 XWW 33701 b
1consist of loose leaf sheets or cards, of suitable size to
2contain in plain writing and figures the data hereinafter
3required thereon or shall consist of computer cards of suitable
4nature to contain the data required thereon. The registration
5record cards, which shall include an affidavit of registration
6as hereinafter provided, shall be executed in duplicate.
7 The registration record card shall contain the following
8and such other information as the county clerk may think it
9proper to require for the identification of the applicant for
10registration:
11 Name. The name of the applicant, giving surname and first
12or Christian name in full, and the middle name or the initial
13for such middle name, if any.
14 Sex.
15 Residence. The name and number of the street, avenue, or
16other location of the dwelling, including the apartment, unit
17or room number, if any, and in the case of a mobile home the lot
18number, and such additional clear and definite description as
19may be necessary to determine the exact location of the
20dwelling of the applicant. Where the location cannot be
21determined by street and number, then the section,
22congressional township and range number may be used, or such
23other description as may be necessary, including post-office
24mailing address. In the case of a homeless individual, the
25individual's voting residence that is his or her mailing
26address shall be included on his or her registration record

SB3186 Engrossed- 27 -LRB100 18485 XWW 33701 b
1card.
2 Term of residence in the State of Illinois and precinct.
3This information shall be furnished by the applicant stating
4the place or places where he resided and the dates during which
5he resided in such place or places during the year next
6preceding the date of the next ensuing election.
7 Nativity. The state or country in which the applicant was
8born.
9 Citizenship. Whether the applicant is native born or
10naturalized. If naturalized, the court, place, and date of
11naturalization.
12 Date of application for registration, i.e., the day, month
13and year when applicant presented himself for registration.
14 Age. Date of birth, by month, day and year.
15 Physical disability of the applicant, if any, at the time
16of registration, which would require assistance in voting.
17 The county and state in which the applicant was last
18registered.
19 Electronic mail address, if any.
20 Signature of voter. The applicant, after the registration
21and in the presence of a deputy registrar or other officer of
22registration shall be required to sign his or her name in ink
23or digitized form to the affidavit on both the original and
24duplicate registration record cards.
25 Signature of deputy registrar or officer of registration.
26 In case applicant is unable to sign his name, he may affix

SB3186 Engrossed- 28 -LRB100 18485 XWW 33701 b
1his mark to the affidavit. In such case the officer empowered
2to give the registration oath shall write a detailed
3description of the applicant in the space provided on the back
4or at the bottom of the card or sheet; and shall ask the
5following questions and record the answers thereto:
6 Father's first name.
7 Mother's first name.
8 From what address did the applicant last register?
9 Reason for inability to sign name.
10 Each applicant for registration shall make an affidavit in
11substantially the following form:
12
AFFIDAVIT OF REGISTRATION
13STATE OF ILLINOIS
14COUNTY OF .......
15 I hereby swear (or affirm) that I am a citizen of the
16United States; that on the date of the next election I shall
17have resided in the State of Illinois and in the election
18precinct in which I reside 30 days and that I intend that this
19location shall be my residence; that I am fully qualified to
20vote, and that the above statements are true.
21
..............................
22
(His or her signature or mark)
23 Subscribed and sworn to before me on (insert date).
24..................................
25Signature of registration officer.
26(To be signed in presence of registrant.)

SB3186 Engrossed- 29 -LRB100 18485 XWW 33701 b
1 Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4 Each registration record card shall be numbered according
5to precincts, and may be serially or otherwise marked for
6identification in such manner as the county clerk may
7determine.
8 The registration cards shall be deemed public records and
9shall be open to inspection during regular business hours,
10except during the 27 days immediately preceding any election.
11On written request of any candidate or objector or any person
12intending to object to a petition, the election authority shall
13extend its hours for inspection of registration cards and other
14records of the election authority during the period beginning
15with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1628-3 and continuing through the termination of electoral board
17hearings on any objections to petitions containing signatures
18of registered voters in the jurisdiction of the election
19authority. The extension shall be for a period of hours
20sufficient to allow adequate opportunity for examination of the
21records but the election authority is not required to extend
22its hours beyond the period beginning at its normal opening for
23business and ending at midnight. If the business hours are so
24extended, the election authority shall post a public notice of
25such extended hours. Registration record cards may also be

SB3186 Engrossed- 30 -LRB100 18485 XWW 33701 b
1inspected, upon approval of the officer in charge of the cards,
2during the 27 days immediately preceding any election.
3Registration record cards shall also be open to inspection by
4certified judges and poll watchers and challengers at the
5polling place on election day, but only to the extent necessary
6to determine the question of the right of a person to vote or
7to serve as a judge of election. At no time shall poll watchers
8or challengers be allowed to physically handle the registration
9record cards.
10 Updated copies of computer tapes or computer discs or other
11electronic data processing information containing voter
12registration information shall be furnished by the county clerk
13within 10 days after December 15 and May 15 each year and
14within 10 days after each registration period is closed to the
15State Board of Elections in a form prescribed by the Board. For
16the purposes of this Section, a registration period is closed
1727 days before the date of any regular or special election.
18Registration information shall include, but not be limited to,
19the following information: name, sex, residence, telephone
20number, if any, age, party affiliation, if applicable,
21precinct, ward, township, county, and representative,
22legislative and congressional districts. In the event of
23noncompliance, the State Board of Elections is directed to
24obtain compliance forthwith with this nondiscretionary duty of
25the election authority by instituting legal proceedings in the
26circuit court of the county in which the election authority

SB3186 Engrossed- 31 -LRB100 18485 XWW 33701 b
1maintains the registration information. The costs of
2furnishing updated copies of tapes or discs shall be paid at a
3rate of $.00034 per name of registered voters in the election
4jurisdiction, but not less than $50 per tape or disc and shall
5be paid from appropriations made to the State Board of
6Elections for reimbursement to the election authority for such
7purpose. The State Board shall furnish copies of such tapes,
8discs, other electronic data or compilations thereof to state
9political committees registered pursuant to the Illinois
10Campaign Finance Act or the Federal Election Campaign Act and
11to governmental entities, at their request and at a reasonable
12cost. To protect the privacy and confidentiality of voter
13registration information, the disclosure of electronic voter
14registration records to any person or entity other than to a
15State or local political committee and other than to a
16governmental entity for a governmental purpose is specifically
17prohibited except as follows: subject to security measures
18adopted by the State Board of Elections which, at a minimum,
19shall include the keeping of a catalog or database, available
20for public view, including the name, address, and telephone
21number of the person viewing the list as well as the time of
22that viewing, any person may view the centralized statewide
23voter registration list on a computer screen at the Springfield
24office of the State Board of Elections, during normal business
25hours other than during the 27 days before an election, but the
26person viewing the list under this exception may not print,

SB3186 Engrossed- 32 -LRB100 18485 XWW 33701 b
1duplicate, transmit, or alter the list. Copies of the tapes,
2discs, or other electronic data shall be furnished by the
3county clerk to local political committees and governmental
4entities at their request and at a reasonable cost. Reasonable
5cost of the tapes, discs, et cetera for this purpose would be
6the cost of duplication plus 15% for administration. The
7individual representing a political committee requesting
8copies of such tapes shall make a sworn affidavit that the
9information shall be used only for bona fide political
10purposes, including by or for candidates for office or
11incumbent office holders. Such tapes, discs or other electronic
12data shall not be used under any circumstances by any political
13committee or individuals for purposes of commercial
14solicitation or other business purposes. If such tapes contain
15information on county residents related to the operations of
16county government in addition to registration information,
17that information shall not be used under any circumstances for
18commercial solicitation or other business purposes. The
19prohibition in this Section against using the computer tapes or
20computer discs or other electronic data processing information
21containing voter registration information for purposes of
22commercial solicitation or other business purposes shall be
23prospective only from the effective date of this amended Act of
241979. Any person who violates this provision shall be guilty of
25a Class 4 felony.
26 The State Board of Elections shall promulgate, by October

SB3186 Engrossed- 33 -LRB100 18485 XWW 33701 b
11, 1987, such regulations as may be necessary to ensure
2uniformity throughout the State in electronic data processing
3of voter registration information. The regulations shall
4include, but need not be limited to, specifications for uniform
5medium, communications protocol and file structure to be
6employed by the election authorities of this State in the
7electronic data processing of voter registration information.
8Each election authority utilizing electronic data processing
9of voter registration information shall comply with such
10regulations on and after May 15, 1988.
11 If the applicant for registration was last registered in
12another county within this State, he shall also sign a
13certificate authorizing cancellation of the former
14registration. The certificate shall be in substantially the
15following form:
16To the County Clerk of.... County, Illinois. (or)
17To the Election Commission of the City of ...., Illinois.
18 This is to certify that I am registered in your (county)
19(city) and that my residence was ............................
20Having moved out of your (county) (city), I hereby authorize
21you to cancel said registration in your office.
22Dated at ...., Illinois, on (insert date).
23
.................................
24
(Signature of Voter)
25Attest: ................, County Clerk, .............
26County, Illinois.

SB3186 Engrossed- 34 -LRB100 18485 XWW 33701 b
1 The cancellation certificate shall be mailed immediately
2by the County Clerk to the County Clerk (or election commission
3as the case may be) where the applicant was formerly
4registered. Receipt of such certificate shall be full authority
5for cancellation of any previous registration.
6(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
7 (10 ILCS 5/4-25) (from Ch. 46, par. 4-25)
8 Sec. 4-25. The compensation of the deputy registrars and
9judges of registration appointed by the county board to conduct
10the registrations under Section 4-6.3 and Section 4-7, shall be
11fixed by the county board, but in no case shall such
12compensation be less than $15 nor more than $25 per day for
13each day actually employed at the registration, canvass and
14revision and such deputy registrars and judges of registration
15shall also be compensated at the rate of five cents per mile
16for each mile actually traveled in calling at the county
17clerk's office for registration cards and returning them to
18said officer.
19 The State Board of Elections shall reimburse each county
20for the amount of the increase in compensation under this
21Section provided by this amendatory Act from funds appropriated
22for that purpose.
23(Source: P.A. 84-1308.)
24 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)

SB3186 Engrossed- 35 -LRB100 18485 XWW 33701 b
1 Sec. 5-7. The county clerk shall provide a sufficient
2number of blank forms for the registration of electors which
3shall be known as registration record cards and which shall
4consist of loose leaf sheets or cards, of suitable size to
5contain in plain writing and figures the data hereinafter
6required thereon or shall consist of computer cards of suitable
7nature to contain the data required thereon. The registration
8record cards, which shall include an affidavit of registration
9as hereinafter provided, shall be executed in duplicate.
10 The registration record card shall contain the following
11and such other information as the county clerk may think it
12proper to require for the identification of the applicant for
13registration:
14 Name. The name of the applicant, giving surname and first
15or Christian name in full, and the middle name or the initial
16for such middle name, if any.
17 Sex.
18 Residence. The name and number of the street, avenue, or
19other location of the dwelling, including the apartment, unit
20or room number, if any, and in the case of a mobile home the lot
21number, and such additional clear and definite description as
22may be necessary to determine the exact location of the
23dwelling of the applicant, including post-office mailing
24address. In the case of a homeless individual, the individual's
25voting residence that is his or her mailing address shall be
26included on his or her registration record card.

SB3186 Engrossed- 36 -LRB100 18485 XWW 33701 b
1 Term of residence in the State of Illinois and the
2precinct. Which questions may be answered by the applicant
3stating, in excess of 30 days in the State and in excess of 30
4days in the precinct.
5 Nativity. The State or country in which the applicant was
6born.
7 Citizenship. Whether the applicant is native born or
8naturalized. If naturalized, the court, place and date of
9naturalization.
10 Date of application for registration, i.e., the day, month
11and year when applicant presented himself for registration.
12 Age. Date of birth, by month, day and year.
13 Physical disability of the applicant, if any, at the time
14of registration, which would require assistance in voting.
15 The county and state in which the applicant was last
16registered.
17 Electronic mail address, if any.
18 Signature of voter. The applicant, after the registration
19and in the presence of a deputy registrar or other officer of
20registration shall be required to sign his or her name in ink
21or digitized form to the affidavit on the original and
22duplicate registration record card.
23 Signature of Deputy Registrar.
24 In case applicant is unable to sign his name, he may affix
25his mark to the affidavit. In such case the officer empowered
26to give the registration oath shall write a detailed

SB3186 Engrossed- 37 -LRB100 18485 XWW 33701 b
1description of the applicant in the space provided at the
2bottom of the card or sheet; and shall ask the following
3questions and record the answers thereto:
4 Father's first name .......................
5 Mother's first name .......................
6 From what address did you last register?
7 Reason for inability to sign name.
8 Each applicant for registration shall make an affidavit in
9substantially the following form:
10
AFFIDAVIT OF REGISTRATION
11State of Illinois)
12 )ss
13County of )
14 I hereby swear (or affirm) that I am a citizen of the
15United States; that on the date of the next election I shall
16have resided in the State of Illinois and in the election
17precinct in which I reside 30 days; that I am fully qualified
18to vote. That I intend that this location shall be my residence
19and that the above statements are true.
20
..............................
21
(His or her signature or mark)
22 Subscribed and sworn to before me on (insert date).
23.........................................
24 Signature of Registration Officer.
25(To be signed in presence of Registrant.)

SB3186 Engrossed- 38 -LRB100 18485 XWW 33701 b
1 Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4 Each registration record card shall be numbered according
5to towns and precincts, wards, cities and villages, as the case
6may be, and may be serially or otherwise marked for
7identification in such manner as the county clerk may
8determine.
9 The registration cards shall be deemed public records and
10shall be open to inspection during regular business hours,
11except during the 27 days immediately preceding any election.
12On written request of any candidate or objector or any person
13intending to object to a petition, the election authority shall
14extend its hours for inspection of registration cards and other
15records of the election authority during the period beginning
16with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1728-3 and continuing through the termination of electoral board
18hearings on any objections to petitions containing signatures
19of registered voters in the jurisdiction of the election
20authority. The extension shall be for a period of hours
21sufficient to allow adequate opportunity for examination of the
22records but the election authority is not required to extend
23its hours beyond the period beginning at its normal opening for
24business and ending at midnight. If the business hours are so
25extended, the election authority shall post a public notice of
26such extended hours. Registration record cards may also be

SB3186 Engrossed- 39 -LRB100 18485 XWW 33701 b
1inspected, upon approval of the officer in charge of the cards,
2during the 27 days immediately preceding any election.
3Registration record cards shall also be open to inspection by
4certified judges and poll watchers and challengers at the
5polling place on election day, but only to the extent necessary
6to determine the question of the right of a person to vote or
7to serve as a judge of election. At no time shall poll watchers
8or challengers be allowed to physically handle the registration
9record cards.
10 Updated copies of computer tapes or computer discs or other
11electronic data processing information containing voter
12registration information shall be furnished by the county clerk
13within 10 days after December 15 and May 15 each year and
14within 10 days after each registration period is closed to the
15State Board of Elections in a form prescribed by the Board. For
16the purposes of this Section, a registration period is closed
1727 days before the date of any regular or special election.
18Registration information shall include, but not be limited to,
19the following information: name, sex, residence, telephone
20number, if any, age, party affiliation, if applicable,
21precinct, ward, township, county, and representative,
22legislative and congressional districts. In the event of
23noncompliance, the State Board of Elections is directed to
24obtain compliance forthwith with this nondiscretionary duty of
25the election authority by instituting legal proceedings in the
26circuit court of the county in which the election authority

SB3186 Engrossed- 40 -LRB100 18485 XWW 33701 b
1maintains the registration information. The costs of
2furnishing updated copies of tapes or discs shall be paid at a
3rate of $.00034 per name of registered voters in the election
4jurisdiction, but not less than $50 per tape or disc and shall
5be paid from appropriations made to the State Board of
6Elections for reimbursement to the election authority for such
7purpose. The State Board shall furnish copies of such tapes,
8discs, other electronic data or compilations thereof to state
9political committees registered pursuant to the Illinois
10Campaign Finance Act or the Federal Election Campaign Act and
11to governmental entities, at their request and at a reasonable
12cost. To protect the privacy and confidentiality of voter
13registration information, the disclosure of electronic voter
14registration records to any person or entity other than to a
15State or local political committee and other than to a
16governmental entity for a governmental purpose is specifically
17prohibited except as follows: subject to security measures
18adopted by the State Board of Elections which, at a minimum,
19shall include the keeping of a catalog or database, available
20for public view, including the name, address, and telephone
21number of the person viewing the list as well as the time of
22that viewing, any person may view the centralized statewide
23voter registration list on a computer screen at the Springfield
24office of the State Board of Elections, during normal business
25hours other than during the 27 days before an election, but the
26person viewing the list under this exception may not print,

SB3186 Engrossed- 41 -LRB100 18485 XWW 33701 b
1duplicate, transmit, or alter the list. Copies of the tapes,
2discs or other electronic data shall be furnished by the county
3clerk to local political committees and governmental entities
4at their request and at a reasonable cost. Reasonable cost of
5the tapes, discs, et cetera for this purpose would be the cost
6of duplication plus 15% for administration. The individual
7representing a political committee requesting copies of such
8tapes shall make a sworn affidavit that the information shall
9be used only for bona fide political purposes, including by or
10for candidates for office or incumbent office holders. Such
11tapes, discs or other electronic data shall not be used under
12any circumstances by any political committee or individuals for
13purposes of commercial solicitation or other business
14purposes. If such tapes contain information on county residents
15related to the operations of county government in addition to
16registration information, that information shall not be used
17under any circumstances for commercial solicitation or other
18business purposes. The prohibition in this Section against
19using the computer tapes or computer discs or other electronic
20data processing information containing voter registration
21information for purposes of commercial solicitation or other
22business purposes shall be prospective only from the effective
23date of this amended Act of 1979. Any person who violates this
24provision shall be guilty of a Class 4 felony.
25 The State Board of Elections shall promulgate, by October
261, 1987, such regulations as may be necessary to ensure

SB3186 Engrossed- 42 -LRB100 18485 XWW 33701 b
1uniformity throughout the State in electronic data processing
2of voter registration information. The regulations shall
3include, but need not be limited to, specifications for uniform
4medium, communications protocol and file structure to be
5employed by the election authorities of this State in the
6electronic data processing of voter registration information.
7Each election authority utilizing electronic data processing
8of voter registration information shall comply with such
9regulations on and after May 15, 1988.
10 If the applicant for registration was last registered in
11another county within this State, he shall also sign a
12certificate authorizing cancellation of the former
13registration. The certificate shall be in substantially the
14following form:
15To the County Clerk of .... County, Illinois. To the Election
16Commission of the City of ...., Illinois.
17 This is to certify that I am registered in your (county)
18(city) and that my residence was .....
19 Having moved out of your (county) (city), I hereby
20authorize you to cancel said registration in your office.
21Dated at .... Illinois, on (insert date).
22
....................
23
(Signature of Voter)
24
Attest ......, County Clerk, ........ County, Illinois.
25 The cancellation certificate shall be mailed immediately
26by the county clerk to the county clerk (or election commission

SB3186 Engrossed- 43 -LRB100 18485 XWW 33701 b
1as the case may be) where the applicant was formerly
2registered. Receipt of such certificate shall be full authority
3for cancellation of any previous registration.
4(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
5 (10 ILCS 5/5-35) (from Ch. 46, par. 5-35)
6 Sec. 5-35. The officers of registration selected to conduct
7registrations under Section 5-17 shall be paid at the rate set
8out below:
9 Registration officers selected to conduct registration and
10canvass under Section 5-17 shall be paid at a rate of not less
11than $20 per day nor more than $30 per day, for each day
12designated by the County Board for any registration and canvass
13provided by Section 5-17, but in no case shall any such officer
14selected to conduct canvass be credited for less than two days'
15service for each canvass.
16 Officers of registration selected to conduct any
17registration under Section 5-17 shall be compensated at the
18rate of 5 cents per mile for each mile actually traveled in
19calling at the county clerk's office for registration cards and
20returning them to said officer.
21 The State Board of Elections shall reimburse each county
22for the amount of the increase in compensation under this
23Section provided by this amendatory Act from funds appropriated
24for that purpose.
25(Source: P.A. 84-1308.)

SB3186 Engrossed- 44 -LRB100 18485 XWW 33701 b
1 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
2 Sec. 6-35. The Boards of Election Commissioners shall
3provide a sufficient number of blank forms for the registration
4of electors which shall be known as registration record cards
5and which shall consist of loose leaf sheets or cards, of
6suitable size to contain in plain writing and figures the data
7hereinafter required thereon or shall consist of computer cards
8of suitable nature to contain the data required thereon. The
9registration record cards, which shall include an affidavit of
10registration as hereinafter provided, shall be executed in
11duplicate. The duplicate of which may be a carbon copy of the
12original or a copy of the original made by the use of other
13method or material used for making simultaneous true copies or
14duplications.
15 The registration record card shall contain the following
16and such other information as the Board of Election
17Commissioners may think it proper to require for the
18identification of the applicant for registration:
19 Name. The name of the applicant, giving surname and first
20or Christian name in full, and the middle name or the initial
21for such middle name, if any.
22 Sex.
23 Residence. The name and number of the street, avenue, or
24other location of the dwelling, including the apartment, unit
25or room number, if any, and in the case of a mobile home the lot

SB3186 Engrossed- 45 -LRB100 18485 XWW 33701 b
1number, and such additional clear and definite description as
2may be necessary to determine the exact location of the
3dwelling of the applicant, including post-office mailing
4address. In the case of a homeless individual, the individual's
5voting residence that is his or her mailing address shall be
6included on his or her registration record card.
7 Term of residence in the State of Illinois and the
8precinct.
9 Nativity. The state or country in which the applicant was
10born.
11 Citizenship. Whether the applicant is native born or
12naturalized. If naturalized, the court, place, and date of
13naturalization.
14 Date of application for registration, i.e., the day, month
15and year when the applicant presented himself for registration.
16 Age. Date of birth, by month, day and year.
17 Physical disability of the applicant, if any, at the time
18of registration, which would require assistance in voting.
19 The county and state in which the applicant was last
20registered.
21 Electronic mail address, if any.
22 Signature of voter. The applicant, after registration and
23in the presence of a deputy registrar or other officer of
24registration shall be required to sign his or her name in ink
25or digitized form to the affidavit on both the original and the
26duplicate registration record card.

SB3186 Engrossed- 46 -LRB100 18485 XWW 33701 b
1 Signature of deputy registrar.
2 In case applicant is unable to sign his name, he may affix
3his mark to the affidavit. In such case the registration
4officer shall write a detailed description of the applicant in
5the space provided at the bottom of the card or sheet; and
6shall ask the following questions and record the answers
7thereto:
8 Father's first name .........................
9 Mother's first name .........................
10 From what address did you last register? ....
11 Reason for inability to sign name ...........
12 Each applicant for registration shall make an affidavit in
13substantially the following form:
14
AFFIDAVIT OF REGISTRATION
15State of Illinois )
16 )ss
17County of ....... )
18 I hereby swear (or affirm) that I am a citizen of the
19United States, that on the day of the next election I shall
20have resided in the State of Illinois and in the election
21precinct 30 days and that I intend that this location is my
22residence; that I am fully qualified to vote, and that the
23above statements are true.
24
..............................
25
(His or her signature or mark)
26 Subscribed and sworn to before me on (insert date).

SB3186 Engrossed- 47 -LRB100 18485 XWW 33701 b
1......................................
2 Signature of registration officer
3(to be signed in presence of registrant).
4 Space shall be provided upon the face of each registration
5record card for the notation of the voting record of the person
6registered thereon.
7 Each registration record card shall be numbered according
8to wards or precincts, as the case may be, and may be serially
9or otherwise marked for identification in such manner as the
10Board of Election Commissioners may determine.
11 The registration cards shall be deemed public records and
12shall be open to inspection during regular business hours,
13except during the 27 days immediately preceding any election.
14On written request of any candidate or objector or any person
15intending to object to a petition, the election authority shall
16extend its hours for inspection of registration cards and other
17records of the election authority during the period beginning
18with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1928-3 and continuing through the termination of electoral board
20hearings on any objections to petitions containing signatures
21of registered voters in the jurisdiction of the election
22authority. The extension shall be for a period of hours
23sufficient to allow adequate opportunity for examination of the
24records but the election authority is not required to extend
25its hours beyond the period beginning at its normal opening for
26business and ending at midnight. If the business hours are so

SB3186 Engrossed- 48 -LRB100 18485 XWW 33701 b
1extended, the election authority shall post a public notice of
2such extended hours. Registration record cards may also be
3inspected, upon approval of the officer in charge of the cards,
4during the 27 days immediately preceding any election.
5Registration record cards shall also be open to inspection by
6certified judges and poll watchers and challengers at the
7polling place on election day, but only to the extent necessary
8to determine the question of the right of a person to vote or
9to serve as a judge of election. At no time shall poll watchers
10or challengers be allowed to physically handle the registration
11record cards.
12 Updated copies of computer tapes or computer discs or other
13electronic data processing information containing voter
14registration information shall be furnished by the Board of
15Election Commissioners within 10 days after December 15 and May
1615 each year and within 10 days after each registration period
17is closed to the State Board of Elections in a form prescribed
18by the State Board. For the purposes of this Section, a
19registration period is closed 27 days before the date of any
20regular or special election. Registration information shall
21include, but not be limited to, the following information:
22name, sex, residence, telephone number, if any, age, party
23affiliation, if applicable, precinct, ward, township, county,
24and representative, legislative and congressional districts.
25In the event of noncompliance, the State Board of Elections is
26directed to obtain compliance forthwith with this

SB3186 Engrossed- 49 -LRB100 18485 XWW 33701 b
1nondiscretionary duty of the election authority by instituting
2legal proceedings in the circuit court of the county in which
3the election authority maintains the registration information.
4The costs of furnishing updated copies of tapes or discs shall
5be paid at a rate of $.00034 per name of registered voters in
6the election jurisdiction, but not less than $50 per tape or
7disc and shall be paid from appropriations made to the State
8Board of Elections for reimbursement to the election authority
9for such purpose. The State Board shall furnish copies of such
10tapes, discs, other electronic data or compilations thereof to
11state political committees registered pursuant to the Illinois
12Campaign Finance Act or the Federal Election Campaign Act and
13to governmental entities, at their request and at a reasonable
14cost. To protect the privacy and confidentiality of voter
15registration information, the disclosure of electronic voter
16registration records to any person or entity other than to a
17State or local political committee and other than to a
18governmental entity for a governmental purpose is specifically
19prohibited except as follows: subject to security measures
20adopted by the State Board of Elections which, at a minimum,
21shall include the keeping of a catalog or database, available
22for public view, including the name, address, and telephone
23number of the person viewing the list as well as the time of
24that viewing, any person may view the centralized statewide
25voter registration list on a computer screen at the Springfield
26office of the State Board of Elections, during normal business

SB3186 Engrossed- 50 -LRB100 18485 XWW 33701 b
1hours other than during the 27 days before an election, but the
2person viewing the list under this exception may not print,
3duplicate, transmit, or alter the list. Copies of the tapes,
4discs or other electronic data shall be furnished by the Board
5of Election Commissioners to local political committees and
6governmental entities at their request and at a reasonable
7cost. Reasonable cost of the tapes, discs, et cetera for this
8purpose would be the cost of duplication plus 15% for
9administration. The individual representing a political
10committee requesting copies of such tapes shall make a sworn
11affidavit that the information shall be used only for bona fide
12political purposes, including by or for candidates for office
13or incumbent office holders. Such tapes, discs or other
14electronic data shall not be used under any circumstances by
15any political committee or individuals for purposes of
16commercial solicitation or other business purposes. If such
17tapes contain information on county residents related to the
18operations of county government in addition to registration
19information, that information shall not be used under any
20circumstances for commercial solicitation or other business
21purposes. The prohibition in this Section against using the
22computer tapes or computer discs or other electronic data
23processing information containing voter registration
24information for purposes of commercial solicitation or other
25business purposes shall be prospective only from the effective
26date of this amended Act of 1979. Any person who violates this

SB3186 Engrossed- 51 -LRB100 18485 XWW 33701 b
1provision shall be guilty of a Class 4 felony.
2 The State Board of Elections shall promulgate, by October
31, 1987, such regulations as may be necessary to ensure
4uniformity throughout the State in electronic data processing
5of voter registration information. The regulations shall
6include, but need not be limited to, specifications for uniform
7medium, communications protocol and file structure to be
8employed by the election authorities of this State in the
9electronic data processing of voter registration information.
10Each election authority utilizing electronic data processing
11of voter registration information shall comply with such
12regulations on and after May 15, 1988.
13 If the applicant for registration was last registered in
14another county within this State, he shall also sign a
15certificate authorizing cancellation of the former
16registration. The certificate shall be in substantially the
17following form:
18To the County Clerk of .... County, Illinois.
19To the Election Commission of the City of ...., Illinois.
20 This is to certify that I am registered in your (county)
21(city) and that my residence was ..... Having moved out of your
22(county), (city), I hereby authorize you to cancel that
23registration in your office.
24 Dated at ...., Illinois, on (insert date).
25
....................
26
(Signature of Voter)

SB3186 Engrossed- 52 -LRB100 18485 XWW 33701 b
1 Attest ...., Clerk, Election Commission of the City of....,
2Illinois.
3 The cancellation certificate shall be mailed immediately
4by the clerk of the Election Commission to the county clerk,
5(or Election Commission as the case may be) where the applicant
6was formerly registered. Receipt of such certificate shall be
7full authority for cancellation of any previous registration.
8(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
9 (10 ILCS 5/6-71) (from Ch. 46, par. 6-71)
10 Sec. 6-71. In the cities, villages and incorporated towns
11in counties having a population of 500,000 or more, which are
12operating under this Article, the compensation of deputy
13registrars and judges of registration provided for the first
14registration under this Article and officers of registration
15appointed in conformity with Section 6-69 of this Article for
16subsequent registration shall be not less than $20 nor more
17than $30 per day. In cities, villages and incorporated towns in
18counties having a population of less than 500,000, and
19operating under this Article, the compensation of the deputy
20registrars and judges of registration provided for the first
21registration under this Article, and officers of registration
22appointed in conformity with Section 6-69 of this Article for
23subsequent registrations shall be $17.50 per day. The
24compensation of such deputy registrars, judges of registration
25and officers of registration, shall be apportioned and paid in

SB3186 Engrossed- 53 -LRB100 18485 XWW 33701 b
1the manner provided by Article 14 of this Act for judges of
2election.
3 Each judge of registration who has performed all the duties
4and services required for the first registration under this
5Article shall be credited with 2 days' service for the 2 days
6of general registration provided for by this Article. Each
7deputy registrar who has performed all the duties and services
8required for the first registration under this Article shall be
9credited with 4 days' service for the 2 days of general
10registration and the 2 days of canvass as provided for by this
11Article.
12 Officers of registration authorized by Section 6-69 of this
13Article for registration subsequent to the first registration
14under this Article shall be credited with one day's service for
15each registration, and, with the approval of the circuit court,
16may be credited with an additional day for such other services
17as the Board of Election Commissioners may require of them, an
18order of the circuit court in such cases to recite such
19additional services and to designate the officers of
20registration from whom such additional services are to be
21received, provided that in cities, villages and incorporated
22towns in counties having a population of 500,000 or more, which
23are operating under this Article, any such officer selected to
24conduct canvass shall be credited with not less than 2 days'
25service for each canvass.
26 The State Board of Elections shall reimburse each board of

SB3186 Engrossed- 54 -LRB100 18485 XWW 33701 b
1election commissioners for the amount of the increase in
2compensation under this Section provided by this amendatory Act
3from funds appropriated for that purpose.
4(Source: P.A. 81-850; 81-1149.)
5 Section 10-10. The Illinois Act on the Aging is amended by
6changing Section 4.02 as follows:
7 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
8 Sec. 4.02. Community Care Program. The Department shall
9establish a program of services to prevent unnecessary
10institutionalization of persons age 60 and older in need of
11long term care or who are established as persons who suffer
12from Alzheimer's disease or a related disorder under the
13Alzheimer's Disease Assistance Act, thereby enabling them to
14remain in their own homes or in other living arrangements. Such
15preventive services, which may be coordinated with other
16programs for the aged and monitored by area agencies on aging
17in cooperation with the Department, may include, but are not
18limited to, any or all of the following:
19 (a) (blank);
20 (b) (blank);
21 (c) home care aide services;
22 (d) personal assistant services;
23 (e) adult day services;
24 (f) home-delivered meals;

SB3186 Engrossed- 55 -LRB100 18485 XWW 33701 b
1 (g) education in self-care;
2 (h) personal care services;
3 (i) adult day health services;
4 (j) habilitation services;
5 (k) respite care;
6 (k-5) community reintegration services;
7 (k-6) flexible senior services;
8 (k-7) medication management;
9 (k-8) emergency home response;
10 (l) other nonmedical social services that may enable
11 the person to become self-supporting; or
12 (m) clearinghouse for information provided by senior
13 citizen home owners who want to rent rooms to or share
14 living space with other senior citizens.
15 The Department shall establish eligibility standards for
16such services. In determining the amount and nature of services
17for which a person may qualify, consideration shall not be
18given to the value of cash, property or other assets held in
19the name of the person's spouse pursuant to a written agreement
20dividing marital property into equal but separate shares or
21pursuant to a transfer of the person's interest in a home to
22his spouse, provided that the spouse's share of the marital
23property is not made available to the person seeking such
24services.
25 Beginning January 1, 2008, the Department shall require as
26a condition of eligibility that all new financially eligible

SB3186 Engrossed- 56 -LRB100 18485 XWW 33701 b
1applicants apply for and enroll in medical assistance under
2Article V of the Illinois Public Aid Code in accordance with
3rules promulgated by the Department.
4 The Department shall, in conjunction with the Department of
5Public Aid (now Department of Healthcare and Family Services),
6seek appropriate amendments under Sections 1915 and 1924 of the
7Social Security Act. The purpose of the amendments shall be to
8extend eligibility for home and community based services under
9Sections 1915 and 1924 of the Social Security Act to persons
10who transfer to or for the benefit of a spouse those amounts of
11income and resources allowed under Section 1924 of the Social
12Security Act. Subject to the approval of such amendments, the
13Department shall extend the provisions of Section 5-4 of the
14Illinois Public Aid Code to persons who, but for the provision
15of home or community-based services, would require the level of
16care provided in an institution, as is provided for in federal
17law. Those persons no longer found to be eligible for receiving
18noninstitutional services due to changes in the eligibility
19criteria shall be given 45 days notice prior to actual
20termination. Those persons receiving notice of termination may
21contact the Department and request the determination be
22appealed at any time during the 45 day notice period. The
23target population identified for the purposes of this Section
24are persons age 60 and older with an identified service need.
25Priority shall be given to those who are at imminent risk of
26institutionalization. The services shall be provided to

SB3186 Engrossed- 57 -LRB100 18485 XWW 33701 b
1eligible persons age 60 and older to the extent that the cost
2of the services together with the other personal maintenance
3expenses of the persons are reasonably related to the standards
4established for care in a group facility appropriate to the
5person's condition. These non-institutional services, pilot
6projects or experimental facilities may be provided as part of
7or in addition to those authorized by federal law or those
8funded and administered by the Department of Human Services.
9The Departments of Human Services, Healthcare and Family
10Services, Public Health, Veterans' Affairs, and Commerce and
11Economic Opportunity and other appropriate agencies of State,
12federal and local governments shall cooperate with the
13Department on Aging in the establishment and development of the
14non-institutional services. The Department shall require an
15annual audit from all personal assistant and home care aide
16vendors contracting with the Department under this Section. The
17annual audit shall assure that each audited vendor's procedures
18are in compliance with Department's financial reporting
19guidelines requiring an administrative and employee wage and
20benefits cost split as defined in administrative rules. The
21audit is a public record under the Freedom of Information Act.
22The Department shall execute, relative to the nursing home
23prescreening project, written inter-agency agreements with the
24Department of Human Services and the Department of Healthcare
25and Family Services, to effect the following: (1) intake
26procedures and common eligibility criteria for those persons

SB3186 Engrossed- 58 -LRB100 18485 XWW 33701 b
1who are receiving non-institutional services; and (2) the
2establishment and development of non-institutional services in
3areas of the State where they are not currently available or
4are undeveloped. On and after July 1, 1996, all nursing home
5prescreenings for individuals 60 years of age or older shall be
6conducted by the Department.
7 As part of the Department on Aging's routine training of
8case managers and case manager supervisors, the Department may
9include information on family futures planning for persons who
10are age 60 or older and who are caregivers of their adult
11children with developmental disabilities. The content of the
12training shall be at the Department's discretion.
13 The Department is authorized to establish a system of
14recipient copayment for services provided under this Section,
15such copayment to be based upon the recipient's ability to pay
16but in no case to exceed the actual cost of the services
17provided. Additionally, any portion of a person's income which
18is equal to or less than the federal poverty standard shall not
19be considered by the Department in determining the copayment.
20The level of such copayment shall be adjusted whenever
21necessary to reflect any change in the officially designated
22federal poverty standard.
23 The Department, or the Department's authorized
24representative, may recover the amount of moneys expended for
25services provided to or in behalf of a person under this
26Section by a claim against the person's estate or against the

SB3186 Engrossed- 59 -LRB100 18485 XWW 33701 b
1estate of the person's surviving spouse, but no recovery may be
2had until after the death of the surviving spouse, if any, and
3then only at such time when there is no surviving child who is
4under age 21 or blind or who has a permanent and total
5disability. This paragraph, however, shall not bar recovery, at
6the death of the person, of moneys for services provided to the
7person or in behalf of the person under this Section to which
8the person was not entitled; provided that such recovery shall
9not be enforced against any real estate while it is occupied as
10a homestead by the surviving spouse or other dependent, if no
11claims by other creditors have been filed against the estate,
12or, if such claims have been filed, they remain dormant for
13failure of prosecution or failure of the claimant to compel
14administration of the estate for the purpose of payment. This
15paragraph shall not bar recovery from the estate of a spouse,
16under Sections 1915 and 1924 of the Social Security Act and
17Section 5-4 of the Illinois Public Aid Code, who precedes a
18person receiving services under this Section in death. All
19moneys for services paid to or in behalf of the person under
20this Section shall be claimed for recovery from the deceased
21spouse's estate. "Homestead", as used in this paragraph, means
22the dwelling house and contiguous real estate occupied by a
23surviving spouse or relative, as defined by the rules and
24regulations of the Department of Healthcare and Family
25Services, regardless of the value of the property.
26 The Department shall increase the effectiveness of the

SB3186 Engrossed- 60 -LRB100 18485 XWW 33701 b
1existing Community Care Program by:
2 (1) ensuring that in-home services included in the care
3 plan are available on evenings and weekends;
4 (2) ensuring that care plans contain the services that
5 eligible participants need based on the number of days in a
6 month, not limited to specific blocks of time, as
7 identified by the comprehensive assessment tool selected
8 by the Department for use statewide, not to exceed the
9 total monthly service cost maximum allowed for each
10 service; the Department shall develop administrative rules
11 to implement this item (2);
12 (3) ensuring that the participants have the right to
13 choose the services contained in their care plan and to
14 direct how those services are provided, based on
15 administrative rules established by the Department;
16 (4) ensuring that the determination of need tool is
17 accurate in determining the participants' level of need; to
18 achieve this, the Department, in conjunction with the Older
19 Adult Services Advisory Committee, shall institute a study
20 of the relationship between the Determination of Need
21 scores, level of need, service cost maximums, and the
22 development and utilization of service plans no later than
23 May 1, 2008; findings and recommendations shall be
24 presented to the Governor and the General Assembly no later
25 than January 1, 2009; recommendations shall include all
26 needed changes to the service cost maximums schedule and

SB3186 Engrossed- 61 -LRB100 18485 XWW 33701 b
1 additional covered services;
2 (5) ensuring that homemakers can provide personal care
3 services that may or may not involve contact with clients,
4 including but not limited to:
5 (A) bathing;
6 (B) grooming;
7 (C) toileting;
8 (D) nail care;
9 (E) transferring;
10 (F) respiratory services;
11 (G) exercise; or
12 (H) positioning;
13 (6) ensuring that homemaker program vendors are not
14 restricted from hiring homemakers who are family members of
15 clients or recommended by clients; the Department may not,
16 by rule or policy, require homemakers who are family
17 members of clients or recommended by clients to accept
18 assignments in homes other than the client;
19 (7) ensuring that the State may access maximum federal
20 matching funds by seeking approval for the Centers for
21 Medicare and Medicaid Services for modifications to the
22 State's home and community based services waiver and
23 additional waiver opportunities, including applying for
24 enrollment in the Balance Incentive Payment Program by May
25 1, 2013, in order to maximize federal matching funds; this
26 shall include, but not be limited to, modification that

SB3186 Engrossed- 62 -LRB100 18485 XWW 33701 b
1 reflects all changes in the Community Care Program services
2 and all increases in the services cost maximum;
3 (8) ensuring that the determination of need tool
4 accurately reflects the service needs of individuals with
5 Alzheimer's disease and related dementia disorders;
6 (9) ensuring that services are authorized accurately
7 and consistently for the Community Care Program (CCP); the
8 Department shall implement a Service Authorization policy
9 directive; the purpose shall be to ensure that eligibility
10 and services are authorized accurately and consistently in
11 the CCP program; the policy directive shall clarify service
12 authorization guidelines to Care Coordination Units and
13 Community Care Program providers no later than May 1, 2013;
14 (10) working in conjunction with Care Coordination
15 Units, the Department of Healthcare and Family Services,
16 the Department of Human Services, Community Care Program
17 providers, and other stakeholders to make improvements to
18 the Medicaid claiming processes and the Medicaid
19 enrollment procedures or requirements as needed,
20 including, but not limited to, specific policy changes or
21 rules to improve the up-front enrollment of participants in
22 the Medicaid program and specific policy changes or rules
23 to insure more prompt submission of bills to the federal
24 government to secure maximum federal matching dollars as
25 promptly as possible; the Department on Aging shall have at
26 least 3 meetings with stakeholders by January 1, 2014 in

SB3186 Engrossed- 63 -LRB100 18485 XWW 33701 b
1 order to address these improvements;
2 (11) requiring home care service providers to comply
3 with the rounding of hours worked provisions under the
4 federal Fair Labor Standards Act (FLSA) and as set forth in
5 29 CFR 785.48(b) by May 1, 2013;
6 (12) implementing any necessary policy changes or
7 promulgating any rules, no later than January 1, 2014, to
8 assist the Department of Healthcare and Family Services in
9 moving as many participants as possible, consistent with
10 federal regulations, into coordinated care plans if a care
11 coordination plan that covers long term care is available
12 in the recipient's area; and
13 (13) maintaining fiscal year 2014 rates at the same
14 level established on January 1, 2013.
15 By January 1, 2009 or as soon after the end of the Cash and
16Counseling Demonstration Project as is practicable, the
17Department may, based on its evaluation of the demonstration
18project, promulgate rules concerning personal assistant
19services, to include, but need not be limited to,
20qualifications, employment screening, rights under fair labor
21standards, training, fiduciary agent, and supervision
22requirements. All applicants shall be subject to the provisions
23of the Health Care Worker Background Check Act.
24 The Department shall develop procedures to enhance
25availability of services on evenings, weekends, and on an
26emergency basis to meet the respite needs of caregivers.

SB3186 Engrossed- 64 -LRB100 18485 XWW 33701 b
1Procedures shall be developed to permit the utilization of
2services in successive blocks of 24 hours up to the monthly
3maximum established by the Department. Workers providing these
4services shall be appropriately trained.
5 Beginning on the effective date of this amendatory Act of
61991, no person may perform chore/housekeeping and home care
7aide services under a program authorized by this Section unless
8that person has been issued a certificate of pre-service to do
9so by his or her employing agency. Information gathered to
10effect such certification shall include (i) the person's name,
11(ii) the date the person was hired by his or her current
12employer, and (iii) the training, including dates and levels.
13Persons engaged in the program authorized by this Section
14before the effective date of this amendatory Act of 1991 shall
15be issued a certificate of all pre- and in-service training
16from his or her employer upon submitting the necessary
17information. The employing agency shall be required to retain
18records of all staff pre- and in-service training, and shall
19provide such records to the Department upon request and upon
20termination of the employer's contract with the Department. In
21addition, the employing agency is responsible for the issuance
22of certifications of in-service training completed to their
23employees.
24 The Department is required to develop a system to ensure
25that persons working as home care aides and personal assistants
26receive increases in their wages when the federal minimum wage

SB3186 Engrossed- 65 -LRB100 18485 XWW 33701 b
1is increased by requiring vendors to certify that they are
2meeting the federal minimum wage statute for home care aides
3and personal assistants. An employer that cannot ensure that
4the minimum wage increase is being given to home care aides and
5personal assistants shall be denied any increase in
6reimbursement costs.
7 The Community Care Program Advisory Committee is created in
8the Department on Aging. The Director shall appoint individuals
9to serve in the Committee, who shall serve at their own
10expense. Members of the Committee must abide by all applicable
11ethics laws. The Committee shall advise the Department on
12issues related to the Department's program of services to
13prevent unnecessary institutionalization. The Committee shall
14meet on a bi-monthly basis and shall serve to identify and
15advise the Department on present and potential issues affecting
16the service delivery network, the program's clients, and the
17Department and to recommend solution strategies. Persons
18appointed to the Committee shall be appointed on, but not
19limited to, their own and their agency's experience with the
20program, geographic representation, and willingness to serve.
21The Director shall appoint members to the Committee to
22represent provider, advocacy, policy research, and other
23constituencies committed to the delivery of high quality home
24and community-based services to older adults. Representatives
25shall be appointed to ensure representation from community care
26providers including, but not limited to, adult day service

SB3186 Engrossed- 66 -LRB100 18485 XWW 33701 b
1providers, homemaker providers, case coordination and case
2management units, emergency home response providers, statewide
3trade or labor unions that represent home care aides and direct
4care staff, area agencies on aging, adults over age 60,
5membership organizations representing older adults, and other
6organizational entities, providers of care, or individuals
7with demonstrated interest and expertise in the field of home
8and community care as determined by the Director.
9 Nominations may be presented from any agency or State
10association with interest in the program. The Director, or his
11or her designee, shall serve as the permanent co-chair of the
12advisory committee. One other co-chair shall be nominated and
13approved by the members of the committee on an annual basis.
14Committee members' terms of appointment shall be for 4 years
15with one-quarter of the appointees' terms expiring each year. A
16member shall continue to serve until his or her replacement is
17named. The Department shall fill vacancies that have a
18remaining term of over one year, and this replacement shall
19occur through the annual replacement of expiring terms. The
20Director shall designate Department staff to provide technical
21assistance and staff support to the committee. Department
22representation shall not constitute membership of the
23committee. All Committee papers, issues, recommendations,
24reports, and meeting memoranda are advisory only. The Director,
25or his or her designee, shall make a written report, as
26requested by the Committee, regarding issues before the

SB3186 Engrossed- 67 -LRB100 18485 XWW 33701 b
1Committee.
2 The Department on Aging and the Department of Human
3Services shall cooperate in the development and submission of
4an annual report on programs and services provided under this
5Section. Such joint report shall be filed with the Governor and
6the General Assembly on or before September 30 each year.
7 The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader and the Clerk of the House of
10Representatives and the President, the Minority Leader and the
11Secretary of the Senate and the Legislative Research Unit, as
12required by Section 3.1 of the General Assembly Organization
13Act and filing such additional copies with the State Government
14Report Distribution Center for the General Assembly as is
15required under paragraph (t) of Section 7 of the State Library
16Act.
17 Those persons previously found eligible for receiving
18non-institutional services whose services were discontinued
19under the Emergency Budget Act of Fiscal Year 1992, and who do
20not meet the eligibility standards in effect on or after July
211, 1992, shall remain ineligible on and after July 1, 1992.
22Those persons previously not required to cost-share and who
23were required to cost-share effective March 1, 1992, shall
24continue to meet cost-share requirements on and after July 1,
251992. Beginning July 1, 1992, all clients will be required to
26meet eligibility, cost-share, and other requirements and will

SB3186 Engrossed- 68 -LRB100 18485 XWW 33701 b
1have services discontinued or altered when they fail to meet
2these requirements.
3 For the purposes of this Section, "flexible senior
4services" refers to services that require one-time or periodic
5expenditures including, but not limited to, respite care, home
6modification, assistive technology, housing assistance, and
7transportation.
8 The Department shall implement an electronic service
9verification based on global positioning systems or other
10cost-effective technology for the Community Care Program no
11later than January 1, 2014.
12 The Department shall require, as a condition of
13eligibility, enrollment in the medical assistance program
14under Article V of the Illinois Public Aid Code (i) beginning
15August 1, 2013, if the Auditor General has reported that the
16Department has failed to comply with the reporting requirements
17of Section 2-27 of the Illinois State Auditing Act; or (ii)
18beginning June 1, 2014, if the Auditor General has reported
19that the Department has not undertaken the required actions
20listed in the report required by subsection (a) of Section 2-27
21of the Illinois State Auditing Act.
22 The Department shall delay Community Care Program services
23until an applicant is determined eligible for medical
24assistance under Article V of the Illinois Public Aid Code (i)
25beginning August 1, 2013, if the Auditor General has reported
26that the Department has failed to comply with the reporting

SB3186 Engrossed- 69 -LRB100 18485 XWW 33701 b
1requirements of Section 2-27 of the Illinois State Auditing
2Act; or (ii) beginning June 1, 2014, if the Auditor General has
3reported that the Department has not undertaken the required
4actions listed in the report required by subsection (a) of
5Section 2-27 of the Illinois State Auditing Act.
6 The Department shall implement co-payments for the
7Community Care Program at the federally allowable maximum level
8(i) beginning August 1, 2013, if the Auditor General has
9reported that the Department has failed to comply with the
10reporting requirements of Section 2-27 of the Illinois State
11Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
12General has reported that the Department has not undertaken the
13required actions listed in the report required by subsection
14(a) of Section 2-27 of the Illinois State Auditing Act.
15 The Department shall provide a bi-monthly report on the
16progress of the Community Care Program reforms set forth in
17this amendatory Act of the 98th General Assembly to the
18Governor, the Speaker of the House of Representatives, the
19Minority Leader of the House of Representatives, the President
20of the Senate, and the Minority Leader of the Senate.
21 The Department shall conduct a quarterly review of Care
22Coordination Unit performance and adherence to service
23guidelines. The quarterly review shall be reported to the
24Speaker of the House of Representatives, the Minority Leader of
25the House of Representatives, the President of the Senate, and
26the Minority Leader of the Senate. The Department shall collect

SB3186 Engrossed- 70 -LRB100 18485 XWW 33701 b
1and report longitudinal data on the performance of each care
2coordination unit. Nothing in this paragraph shall be construed
3to require the Department to identify specific care
4coordination units.
5 In regard to community care providers, failure to comply
6with Department on Aging policies shall be cause for
7disciplinary action, including, but not limited to,
8disqualification from serving Community Care Program clients.
9Each provider, upon submission of any bill or invoice to the
10Department for payment for services rendered, shall include a
11notarized statement, under penalty of perjury pursuant to
12Section 1-109 of the Code of Civil Procedure, that the provider
13has complied with all Department policies.
14 The Director of the Department on Aging shall make
15information available to the State Board of Elections as may be
16required by an agreement the State Board of Elections has
17entered into with a multi-state voter registration list
18maintenance system.
19 Within 30 days after the effective date of this amendatory
20Act of the 100th General Assembly, rates shall be increased to
21$18.29 per hour, for the purpose of increasing, by at least
22$.72 per hour, the wages paid by those vendors to their
23employees who provide homemaker services. The Department shall
24pay an enhanced rate under the Community Care Program to those
25in-home service provider agencies that offer health insurance
26coverage as a benefit to their direct service worker employees

SB3186 Engrossed- 71 -LRB100 18485 XWW 33701 b
1consistent with the mandates of Public Act 95-713. For State
2fiscal year 2018, the enhanced rate shall be $1.77 per hour.
3The rate shall be adjusted using actuarial analysis based on
4the cost of care, but shall not be set below $1.77 per hour.
5The Department shall adopt rules, including emergency rules
6under subsection (y) of Section 5-45 of the Illinois
7Administrative Procedure Act, to implement the provisions of
8this paragraph.
9(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17.)
10 (20 ILCS 605/605-855 rep.)
11 Section 10-15. The Department of Commerce and Economic
12Opportunity Law of the Civil Administrative Code of Illinois is
13amended by repealing Section 605-855.
14 (20 ILCS 627/Act rep.)
15 Section 10-20. The Electric Vehicle Act is repealed.
16 Section 10-25. The Illinois Emergency Employment
17Development Act is amended by changing Section 3 as follows:
18 (20 ILCS 630/3) (from Ch. 48, par. 2403)
19 Sec. 3. Illinois Emergency Employment Development
20Coordinator.
21 (a) The governor shall appoint an Illinois Emergency
22Employment Development Coordinator to administer the

SB3186 Engrossed- 72 -LRB100 18485 XWW 33701 b
1provisions of this Act. The coordinator shall be within the
2Department of Commerce and Economic Opportunity, but shall be
3responsible directly to the governor. The coordinator shall
4have the powers necessary to carry out the purpose of the
5program.
6 (b) The coordinator shall:
7 (1) recommend one or more Employment Administrators
8 for each service delivery area for approval by the Advisory
9 Committee, with recommendations based on the demonstrated
10 ability of the Employment Administrator to identify and
11 address local needs;
12 (2) enter into a contract with one or more Employment
13 Administrators in each service delivery area;
14 (3) assist the Employment Administrator in developing
15 a satisfactory plan if an Employment Administrator submits
16 one that does not conform to program requirements;
17 (4) convene and provide staff support to the Advisory
18 Committee;
19 (5) coordinate the program with other State agencies
20 and services including public benefits and workforce
21 programs for unemployed individuals; and
22 (6) perform general program marketing and monitoring
23 functions.
24 (c) (Blank). The coordinator shall administer the program
25within the Department of Commerce and Economic Opportunity. The
26Director of Commerce and Economic Opportunity shall provide

SB3186 Engrossed- 73 -LRB100 18485 XWW 33701 b
1administrative support services to the coordinator for the
2purposes of the program.
3 (d) The coordinator shall report to the Governor, the
4Advisory Committee, and the General Assembly on a quarterly
5basis concerning (1) the number of persons employed under the
6program; (2) the number and type of employers under the
7program; (3) the amount of money spent in each service delivery
8area for wages for each type of employment and each type of
9other expenses; (4) the number of persons who have completed
10participation in the program and their current employment,
11educational or training status; (5) any information requested
12by the General Assembly, the Advisory Committee, or governor or
13deemed pertinent by the coordinator; and (6) any identified
14violations of this Act and actions taken. Each report shall
15include cumulative information, as well as information for each
16quarter.
17 (e) Rules. The Director of Commerce and Economic
18Opportunity, with the advice of the coordinator and the
19Advisory Committee, shall adopt rules for the administration
20and enforcement of this Act.
21(Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
22 Section 10-30. The Capital Spending Accountability Law is
23amended by changing Section 805 as follows:
24 (20 ILCS 3020/805)

SB3186 Engrossed- 74 -LRB100 18485 XWW 33701 b
1 Sec. 805. Reports on capital spending. On the 45th first
2day following the end of each quarterly period in each fiscal
3year, the Governor's Office of Management and Budget shall
4provide to the Comptroller, the Treasurer, the President and
5the Minority Leader of the Senate, and the Speaker and the
6Minority Leader of the House of Representatives a report on the
7status of all capital projects in the State. The report may be
8provided in both written and electronic format. The report must
9include all of the following:
10 (1) A brief description or stated purpose of each
11 capital project where applicable (as referred to in this
12 Section, "project").
13 (2) The amount and source of funds (whether from bond
14 funds or other revenues) appropriated for each project,
15 organized into categories including roads, mass transit,
16 schools, environment, civic centers and other categories
17 as applicable (as referred to in this Section, "category or
18 categories"), with subtotals for each category.
19 (3) The date the appropriation bill relating to each
20 project was signed by the Governor, organized into
21 categories.
22 (4) The date the written release of the Governor for
23 each project was submitted to the Comptroller or is
24 projected to be submitted and, if a release for any project
25 has not been submitted within 6 months after its
26 appropriation became law, an explanation why the project

SB3186 Engrossed- 75 -LRB100 18485 XWW 33701 b
1 has not yet been released, all organized into categories.
2 (5) The amount of expenditures to date by the State
3 relating to each project and estimated amount of total
4 State expenditures and proposed schedule of future State
5 expenditures relating to each project, all organized into
6 categories.
7 (6) A timeline for completion of each project,
8 including the dates, if applicable, of execution by the
9 State of any grant agreement, any required engineering or
10 design work or environmental approvals, and the estimated
11 or actual dates of the start and completion of
12 construction, all organized into categories. Any
13 substantial variances on any project from this reported
14 timeline must be explained in the next quarterly report.
15 (7) A summary report of the status of all projects,
16 including the amount of undisbursed funds intended to be
17 held or used in the next quarter.
18(Source: P.A. 98-692, eff. 7-1-14.)
19 (30 ILCS 375/Act rep.)
20 Section 10-35. The Local Government Debt Offering Act is
21repealed.
22 (70 ILCS 210/22.1 rep.)
23 Section 10-40. The Metropolitan Pier and Exposition
24Authority Act is amended by repealing Section 22.1.

SB3186 Engrossed- 76 -LRB100 18485 XWW 33701 b
1 (310 ILCS 20/3b rep.)
2 Section 10-45. The Housing Development and Construction
3Act is amended by repealing Section 3b.
4 (310 ILCS 30/2 rep.)
5 Section 10-50. The Redevelopment Project Rehousing and
6Capital Improvements Act is amended by repealing Section 2.
7 (315 ILCS 5/Act rep.)
8 Section 10-55. The Blighted Areas Redevelopment Act of 1947
9is repealed.
10 (315 ILCS 25/Act rep.)
11 Section 10-60. The Urban Community Conservation Act is
12repealed.
13 (315 ILCS 30/Act rep.)
14 Section 10-65. The Urban Renewal Consolidation Act of 1961
15is repealed.
16 (325 ILCS 25/Act rep.)
17 Section 10-70. The High Risk Youth Career Development Act
18is repealed.
19 (415 ILCS 5/17.6 rep.)

SB3186 Engrossed- 77 -LRB100 18485 XWW 33701 b
1 Section 10-75. The Environmental Protection Act is amended
2by repealing Section 17.6.
3 (415 ILCS 110/Act rep.)
4 Section 10-80. The Recycled Newsprint Use Act is repealed.
5
ARTICLE 15. GOVERNMENT EFFICIENCY
6 Section 15-5. The Civil Administrative Code of Illinois is
7amended by changing Section 5-565 as follows:
8 (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
9 Sec. 5-565. In the Department of Public Health.
10 (a) The General Assembly declares it to be the public
11policy of this State that all citizens of Illinois are entitled
12to lead healthy lives. Governmental public health has a
13specific responsibility to ensure that a public health system
14is in place to allow the public health mission to be achieved.
15The public health system is the collection of public, private,
16and voluntary entities as well as individuals and informal
17associations that contribute to the public's health within the
18State. To develop a public health system requires certain core
19functions to be performed by government. The State Board of
20Health is to assume the leadership role in advising the
21Director in meeting the following functions:
22 (1) Needs assessment.

SB3186 Engrossed- 78 -LRB100 18485 XWW 33701 b
1 (2) Statewide health objectives.
2 (3) Policy development.
3 (4) Assurance of access to necessary services.
4 There shall be a State Board of Health composed of 20
5persons, all of whom shall be appointed by the Governor, with
6the advice and consent of the Senate for those appointed by the
7Governor on and after June 30, 1998, and one of whom shall be a
8senior citizen age 60 or over. Five members shall be physicians
9licensed to practice medicine in all its branches, one
10representing a medical school faculty, one who is board
11certified in preventive medicine, and one who is engaged in
12private practice. One member shall be a chiropractic physician.
13One member shall be a dentist; one an environmental health
14practitioner; one a local public health administrator; one a
15local board of health member; one a registered nurse; one a
16physical therapist; one an optometrist; one a veterinarian; one
17a public health academician; one a health care industry
18representative; one a representative of the business
19community; one a representative of the non-profit public
20interest community; and 2 shall be citizens at large.
21 The terms of Board of Health members shall be 3 years,
22except that members shall continue to serve on the Board of
23Health until a replacement is appointed. Upon the effective
24date of this amendatory Act of the 93rd General Assembly, in
25the appointment of the Board of Health members appointed to
26vacancies or positions with terms expiring on or before

SB3186 Engrossed- 79 -LRB100 18485 XWW 33701 b
1December 31, 2004, the Governor shall appoint up to 6 members
2to serve for terms of 3 years; up to 6 members to serve for
3terms of 2 years; and up to 5 members to serve for a term of one
4year, so that the term of no more than 6 members expire in the
5same year. All members shall be legal residents of the State of
6Illinois. The duties of the Board shall include, but not be
7limited to, the following:
8 (1) To advise the Department of ways to encourage
9 public understanding and support of the Department's
10 programs.
11 (2) To evaluate all boards, councils, committees,
12 authorities, and bodies advisory to, or an adjunct of, the
13 Department of Public Health or its Director for the purpose
14 of recommending to the Director one or more of the
15 following:
16 (i) The elimination of bodies whose activities are
17 not consistent with goals and objectives of the
18 Department.
19 (ii) The consolidation of bodies whose activities
20 encompass compatible programmatic subjects.
21 (iii) The restructuring of the relationship
22 between the various bodies and their integration
23 within the organizational structure of the Department.
24 (iv) The establishment of new bodies deemed
25 essential to the functioning of the Department.
26 (3) To serve as an advisory group to the Director for

SB3186 Engrossed- 80 -LRB100 18485 XWW 33701 b
1 public health emergencies and control of health hazards.
2 (4) To advise the Director regarding public health
3 policy, and to make health policy recommendations
4 regarding priorities to the Governor through the Director.
5 (5) To present public health issues to the Director and
6 to make recommendations for the resolution of those issues.
7 (6) To recommend studies to delineate public health
8 problems.
9 (7) To make recommendations to the Governor through the
10 Director regarding the coordination of State public health
11 activities with other State and local public health
12 agencies and organizations.
13 (8) To report on or before February 1 of each year on
14 the health of the residents of Illinois to the Governor,
15 the General Assembly, and the public.
16 (9) To review the final draft of all proposed
17 administrative rules, other than emergency or preemptory
18 rules and those rules that another advisory body must
19 approve or review within a statutorily defined time period,
20 of the Department after September 19, 1991 (the effective
21 date of Public Act 87-633). The Board shall review the
22 proposed rules within 90 days of submission by the
23 Department. The Department shall take into consideration
24 any comments and recommendations of the Board regarding the
25 proposed rules prior to submission to the Secretary of
26 State for initial publication. If the Department disagrees

SB3186 Engrossed- 81 -LRB100 18485 XWW 33701 b
1 with the recommendations of the Board, it shall submit a
2 written response outlining the reasons for not accepting
3 the recommendations.
4 In the case of proposed administrative rules or
5 amendments to administrative rules regarding immunization
6 of children against preventable communicable diseases
7 designated by the Director under the Communicable Disease
8 Prevention Act, after the Immunization Advisory Committee
9 has made its recommendations, the Board shall conduct 3
10 public hearings, geographically distributed throughout the
11 State. At the conclusion of the hearings, the State Board
12 of Health shall issue a report, including its
13 recommendations, to the Director. The Director shall take
14 into consideration any comments or recommendations made by
15 the Board based on these hearings.
16 (10) To deliver to the Governor for presentation to the
17 General Assembly a State Health Improvement Plan. The first
18 3 such plans shall be delivered to the Governor on January
19 1, 2006, January 1, 2009, and January 1, 2016 and then
20 every 5 years thereafter.
21 The Plan shall recommend priorities and strategies to
22 improve the public health system and the health status of
23 Illinois residents, taking into consideration national
24 health objectives and system standards as frameworks for
25 assessment.
26 The Plan shall also take into consideration priorities

SB3186 Engrossed- 82 -LRB100 18485 XWW 33701 b
1 and strategies developed at the community level through the
2 Illinois Project for Local Assessment of Needs (IPLAN) and
3 any regional health improvement plans that may be
4 developed. The Plan shall focus on prevention as a key
5 strategy for long-term health improvement in Illinois.
6 The Plan shall examine and make recommendations on the
7 contributions and strategies of the public and private
8 sectors for improving health status and the public health
9 system in the State. In addition to recommendations on
10 health status improvement priorities and strategies for
11 the population of the State as a whole, the Plan shall make
12 recommendations regarding priorities and strategies for
13 reducing and eliminating health disparities in Illinois;
14 including racial, ethnic, gender, age, socio-economic and
15 geographic disparities.
16 The Director of the Illinois Department of Public
17 Health shall appoint a Planning Team that includes a range
18 of public, private, and voluntary sector stakeholders and
19 participants in the public health system. This Team shall
20 include: the directors of State agencies with public health
21 responsibilities (or their designees), including but not
22 limited to the Illinois Departments of Public Health and
23 Department of Human Services, representatives of local
24 health departments, representatives of local community
25 health partnerships, and individuals with expertise who
26 represent an array of organizations and constituencies

SB3186 Engrossed- 83 -LRB100 18485 XWW 33701 b
1 engaged in public health improvement and prevention.
2 The State Board of Health shall hold at least 3 public
3 hearings addressing drafts of the Plan in representative
4 geographic areas of the State. Members of the Planning Team
5 shall receive no compensation for their services, but may
6 be reimbursed for their necessary expenses.
7 Upon the delivery of each State Health Improvement
8 Plan, the Governor shall appoint a SHIP Implementation
9 Coordination Council that includes a range of public,
10 private, and voluntary sector stakeholders and
11 participants in the public health system. The Council shall
12 include the directors of State agencies and entities with
13 public health system responsibilities (or their
14 designees), including but not limited to the Department of
15 Public Health, Department of Human Services, Department of
16 Healthcare and Family Services, Environmental Protection
17 Agency, Illinois State Board of Education, Department on
18 Aging, Illinois Violence Prevention Authority, Department
19 of Agriculture, Department of Insurance, Department of
20 Financial and Professional Regulation, Department of
21 Transportation, and Department of Commerce and Economic
22 Opportunity and the Chair of the State Board of Health. The
23 Council shall include representatives of local health
24 departments and individuals with expertise who represent
25 an array of organizations and constituencies engaged in
26 public health improvement and prevention, including

SB3186 Engrossed- 84 -LRB100 18485 XWW 33701 b
1 non-profit public interest groups, health issue groups,
2 faith community groups, health care providers, businesses
3 and employers, academic institutions, and community-based
4 organizations. The Governor shall endeavor to make the
5 membership of the Council representative of the racial,
6 ethnic, gender, socio-economic, and geographic diversity
7 of the State. The Governor shall designate one State agency
8 representative and one other non-governmental member as
9 co-chairs of the Council. The Governor shall designate a
10 member of the Governor's office to serve as liaison to the
11 Council and one or more State agencies to provide or
12 arrange for support to the Council. The members of the SHIP
13 Implementation Coordination Council for each State Health
14 Improvement Plan shall serve until the delivery of the
15 subsequent State Health Improvement Plan, whereupon a new
16 Council shall be appointed. Members of the SHIP Planning
17 Team may serve on the SHIP Implementation Coordination
18 Council if so appointed by the Governor.
19 The SHIP Implementation Coordination Council shall
20 coordinate the efforts and engagement of the public,
21 private, and voluntary sector stakeholders and
22 participants in the public health system to implement each
23 SHIP. The Council shall serve as a forum for collaborative
24 action; coordinate existing and new initiatives; develop
25 detailed implementation steps, with mechanisms for action;
26 implement specific projects; identify public and private

SB3186 Engrossed- 85 -LRB100 18485 XWW 33701 b
1 funding sources at the local, State and federal level;
2 promote public awareness of the SHIP; advocate for the
3 implementation of the SHIP; and develop an annual report to
4 the Governor, General Assembly, and public regarding the
5 status of implementation of the SHIP. The Council shall
6 not, however, have the authority to direct any public or
7 private entity to take specific action to implement the
8 SHIP.
9 (11) Upon the request of the Governor, to recommend to
10 the Governor candidates for Director of Public Health when
11 vacancies occur in the position.
12 (12) To adopt bylaws for the conduct of its own
13 business, including the authority to establish ad hoc
14 committees to address specific public health programs
15 requiring resolution.
16 (13) (Blank).
17 Upon appointment, the Board shall elect a chairperson from
18among its members.
19 Members of the Board shall receive compensation for their
20services at the rate of $150 per day, not to exceed $10,000 per
21year, as designated by the Director for each day required for
22transacting the business of the Board and shall be reimbursed
23for necessary expenses incurred in the performance of their
24duties. The Board shall meet from time to time at the call of
25the Department, at the call of the chairperson, or upon the
26request of 3 of its members, but shall not meet less than 4

SB3186 Engrossed- 86 -LRB100 18485 XWW 33701 b
1times per year.
2 (b) (Blank).
3 (c) An Advisory Board on Necropsy Service to Coroners,
4which shall counsel and advise with the Director on the
5administration of the Autopsy Act. The Advisory Board shall
6consist of 11 members, including a senior citizen age 60 or
7over, appointed by the Governor, one of whom shall be
8designated as chairman by a majority of the members of the
9Board. In the appointment of the first Board the Governor shall
10appoint 3 members to serve for terms of 1 year, 3 for terms of 2
11years, and 3 for terms of 3 years. The members first appointed
12under Public Act 83-1538 shall serve for a term of 3 years. All
13members appointed thereafter shall be appointed for terms of 3
14years, except that when an appointment is made to fill a
15vacancy, the appointment shall be for the remaining term of the
16position vacant. The members of the Board shall be citizens of
17the State of Illinois. In the appointment of members of the
18Advisory Board the Governor shall appoint 3 members who shall
19be persons licensed to practice medicine and surgery in the
20State of Illinois, at least 2 of whom shall have received
21post-graduate training in the field of pathology; 3 members who
22are duly elected coroners in this State; and 5 members who
23shall have interest and abilities in the field of forensic
24medicine but who shall be neither persons licensed to practice
25any branch of medicine in this State nor coroners. In the
26appointment of medical and coroner members of the Board, the

SB3186 Engrossed- 87 -LRB100 18485 XWW 33701 b
1Governor shall invite nominations from recognized medical and
2coroners organizations in this State respectively. Board
3members, while serving on business of the Board, shall receive
4actual necessary travel and subsistence expenses while so
5serving away from their places of residence.
6(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17.)
7 Section 15-10. The Illinois Act on the Aging is amended by
8changing Section 4.06 as follows:
9 (20 ILCS 105/4.06)
10 Sec. 4.06. Minority Senior Citizen Program. The Department
11shall develop a program to identify the special needs and
12problems of minority senior citizens and evaluate the adequacy
13and accessibility of existing programs and information for
14minority senior citizens. The Department shall coordinate
15services for minority senior citizens through the Department of
16Public Health, the Department of Healthcare and Family
17Services, and the Department of Human Services.
18 The Department shall develop procedures to enhance and
19identify availability of services and shall promulgate
20administrative rules to establish the responsibilities of the
21Department.
22 The Department on Aging, the Department of Public Health,
23the Department of Healthcare and Family Services, and the
24Department of Human Services shall cooperate in the development

SB3186 Engrossed- 88 -LRB100 18485 XWW 33701 b
1and submission of an annual report on programs and services
2provided under this Section. The joint report shall be filed
3with the Governor and the General Assembly no later than 12
4months after the close of each fiscal year on or before
5September 30 of each year.
6(Source: P.A. 95-331, eff. 8-21-07.)
7 (20 ILCS 605/605-325 rep.)
8 (20 ILCS 605/605-337 rep.)
9 (20 ILCS 605/605-360 rep.)
10 (20 ILCS 605/605-605 rep.)
11 (20 ILCS 605/605-685 rep.)
12 Section 15-15. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois is
14amended by repealing Sections 605-325, 605-337, 605-360,
15605-605, and 605-685.
16 Section 15-20. The Department of Commerce and Economic
17Opportunity Law of the Civil Administrative Code of Illinois is
18amended by changing Section 605-950 as follows:
19 (20 ILCS 605/605-950) (was 20 ILCS 605/46.38a)
20 Sec. 605-950. Federal funds for housing. The Department of
21Human Services is authorized to receive and distribute federal
22funds to foster safe and decent housing and for reimbursement
23of social service expenses in connection with emergency shelter

SB3186 Engrossed- 89 -LRB100 18485 XWW 33701 b
1for the homeless.
2(Source: P.A. 91-239, eff. 1-1-00.)
3 (20 ILCS 695/Act rep.)
4 Section 15-25. The State and Regional Development Strategy
5Act is repealed.
6 Section 15-30. The Outdoor Recreation Resources Act is
7amended by changing Sections 2 and 2a as follows:
8 (20 ILCS 860/2) (from Ch. 105, par. 532)
9 Sec. 2. The Department of Natural Resources is authorized
10to have prepared, with the Department of Commerce and Economic
11Opportunity, and to maintain, and keep up-to-date a
12comprehensive plan for the development of the outdoor
13recreation resources of the State.
14(Source: P.A. 94-793, eff. 5-19-06.)
15 (20 ILCS 860/2a) (from Ch. 105, par. 532a)
16 Sec. 2a. The Historic Preservation Agency is authorized to
17have prepared, with the Department of Commerce and Economic
18Opportunity and to maintain, and keep up-to-date a
19comprehensive plan for the preservation of the historically
20significant properties and interests of the State.
21(Source: P.A. 94-793, eff. 5-19-06.)

SB3186 Engrossed- 90 -LRB100 18485 XWW 33701 b
1 (20 ILCS 1305/10-32 rep.)
2 Section 15-35. The Department of Human Services Act is
3amended by repealing Section 10-32.
4 (20 ILCS 1510/65 rep.)
5 Section 15-40. The Illinois Guaranteed Job Opportunity Act
6is amended by repealing Section 65.
7 (20 ILCS 2505/2505-550 rep.)
8 Section 15-45. The Department of Revenue Law of the Civil
9Administrative Code of Illinois is amended by repealing Section
102505-550.
11 (20 ILCS 2605/2605-580 rep.)
12 Section 15-50. The Department of State Police Law of the
13Civil Administrative Code of Illinois is amended by repealing
14Section 2605-580.
15 (20 ILCS 3930/7.6 rep.)
16 Section 15-55. The Illinois Criminal Justice Information
17Act is amended by repealing Section 7.6.
18 Section 15-60. The State Finance Act is amended by changing
19Sections 5k and 8p and by adding Section 8p-5 as follows:
20 (30 ILCS 105/5k)

SB3186 Engrossed- 91 -LRB100 18485 XWW 33701 b
1 Sec. 5k. Cash flow borrowing and general funds liquidity;
2FY15.
3 (a) In order to meet cash flow deficits and to maintain
4liquidity in the General Revenue Fund and the Health Insurance
5Reserve Fund, on and after July 1, 2014 and through June 30,
62015, the State Treasurer and the State Comptroller shall make
7transfers to the General Revenue Fund and the Health Insurance
8Reserve Fund, as directed by the Governor, out of special funds
9of the State, to the extent allowed by federal law. No such
10transfer may reduce the cumulative balance of all of the
11special funds of the State to an amount less than the total
12debt service payable during the 12 months immediately following
13the date of the transfer on any bonded indebtedness of the
14State and any certificates issued under the Short Term
15Borrowing Act. At no time shall the outstanding total transfers
16made from the special funds of the State to the General Revenue
17Fund and the Health Insurance Reserve Fund under this Section
18exceed $650,000,000; once the amount of $650,000,000 has been
19transferred from the special funds of the State to the General
20Revenue Fund and the Health Insurance Reserve Fund, additional
21transfers may be made from the special funds of the State to
22the General Revenue Fund and the Health Insurance Reserve Fund
23under this Section only to the extent that moneys have first
24been re-transferred from the General Revenue Fund and the
25Health Insurance Reserve Fund to those special funds of the
26State. Notwithstanding any other provision of this Section, no

SB3186 Engrossed- 92 -LRB100 18485 XWW 33701 b
1such transfer may be made from any special fund that is
2exclusively collected by or appropriated to any other
3constitutional officer without the written approval of that
4constitutional officer.
5 (b) If moneys have been transferred to the General Revenue
6Fund and the Health Insurance Reserve Fund pursuant to
7subsection (a) of this Section, this amendatory Act of the 98th
8General Assembly shall constitute the continuing authority for
9and direction to the State Treasurer and State Comptroller to
10reimburse the funds of origin from the General Revenue Fund by
11transferring to the funds of origin, at such times and in such
12amounts as directed by the Governor when necessary to support
13appropriated expenditures from the funds, an amount equal to
14that transferred from them plus any interest that would have
15accrued thereon had the transfer not occurred. When any of the
16funds from which moneys have been transferred pursuant to
17subsection (a) have insufficient cash from which the State
18Comptroller may make expenditures properly supported by
19appropriations from the fund, then the State Treasurer and
20State Comptroller shall transfer from the General Revenue Fund
21to the fund only such amount as is immediately necessary to
22satisfy outstanding expenditure obligations on a timely basis.
23 (c) (Blank). On the first day of each quarterly period in
24each fiscal year, until such time as a report indicates that
25all moneys borrowed and interest pursuant to this Section have
26been repaid, the Governor's Office of Management and Budget

SB3186 Engrossed- 93 -LRB100 18485 XWW 33701 b
1shall provide to the President and the Minority Leader of the
2Senate, the Speaker and the Minority Leader of the House of
3Representatives, and the Commission on Government Forecasting
4and Accountability a report on all transfers made pursuant to
5this Section in the prior quarterly period. The report must be
6provided in electronic format. The report must include all of
7the following:
8 (1) The date each transfer was made.
9 (2) The amount of each transfer.
10 (3) In the case of a transfer from the General Revenue
11 Fund to a fund of origin pursuant to subsection (b) of this
12 Section, the amount of interest being paid to the fund of
13 origin.
14 (4) The end of day balance of the fund of origin, the
15 General Revenue Fund and the Health Insurance Reserve Fund
16 on the date the transfer was made.
17(Source: P.A. 98-682, eff. 6-30-14; 99-523, eff. 6-30-16.)
18 (30 ILCS 105/8p)
19 Sec. 8p. State Police Streetgang-Related Crime Fund.
20 (a) The State Police Streetgang-Related Crime Fund is
21created as a special fund in the State treasury.
22 (b) All moneys collected and payable to the Department of
23State Police under Section 5-9-1.19 of the Unified Code of
24Corrections shall be deposited into the State Police
25Streetgang-Related Crime Fund and shall be appropriated to and

SB3186 Engrossed- 94 -LRB100 18485 XWW 33701 b
1administered by the Department of State Police for operations
2and initiatives to combat and prevent streetgang-related
3crime.
4 (c) The State Police Streetgang-Related Crime Fund shall
5not be subject to administrative chargebacks.
6 (d) Notwithstanding any other provision of law, on the
7effective date of this amendatory Act of the 100th General
8Assembly, or as soon thereafter as practical before the repeal
9of this Section as provided in subsection (e), the State
10Comptroller shall direct and the State Treasurer shall transfer
11the remaining balance from the State Police Streetgang-Related
12Crime Fund into the State Police Operations Assistance Fund.
13Upon completion of the transfers, the State Police
14Streetgang-Related Crime Fund is dissolved, and any future
15deposits due to that Fund and any outstanding obligations or
16liabilities of that Fund pass to the State Police Operations
17Assistance Fund.
18 (e) This Section is repealed on July 1, 2019.
19(Source: P.A. 96-1029, eff. 7-13-10.)
20 (30 ILCS 105/8p-5 new)
21 Sec. 8p-5. State Police Operations Assistance Fund.
22Beginning on the effective date of this amendatory Act of the
23100th General Assembly: all moneys collected and payable to the
24Department of State Police under Section 5-9-1.19 of the
25Unified Code of Corrections shall be deposited into the State

SB3186 Engrossed- 95 -LRB100 18485 XWW 33701 b
1Police Operations Assistance Fund; and any future deposits due
2to the State Police Streetgang-Related Crime Fund and any
3outstanding obligations or liabilities of that Fund pass to the
4State Police Operations Assistance Fund.
5 (30 ILCS 105/5.783 rep.)
6 Section 15-65. The State Finance Act is amended by
7repealing Section 5.783.
8 (30 ILCS 720/Act rep.)
9 Section 15-70. The Industrial Development Assistance Law
10is repealed.
11 (35 ILCS 120/1k rep.)
12 (35 ILCS 120/1o rep.)
13 Section 15-75. The Retailers' Occupation Tax Act is amended
14by repealing Sections 1k and 1o.
15 Section 15-80. The Military Family Interstate Compact
16Implementation Statute Drafting Advisory Committee Act is
17amended by changing Section 5 as follows:
18 (45 ILCS 175/5)
19 Sec. 5. Committee; created; mandate. The Military Family
20Interstate Compact Implementation Statute Drafting Advisory
21Committee is created as an interagency advisory committee to

SB3186 Engrossed- 96 -LRB100 18485 XWW 33701 b
1develop a comprehensive statute to implement the Interstate
2Compact on Educational Opportunity for Military Children, a
3document developed by the National Military Family
4Association. The Lieutenant Governor is the chair of the
5Committee, which shall be composed of the following individuals
6or agency designees:
7 (1) The Lieutenant Governor.
8 (2) The Illinois State Board of Education.
9 (3) (Blank). The Department of Commerce and Economic
10 Opportunity.
11 (4) The Department of Healthcare and Family Services.
12 (5) The Housing Development Authority.
13 (6) The Department of Veterans' Affairs.
14 (7) The Department of Military Affairs.
15 (8) The Department of Employment Security.
16 (9) Any other interested stakeholder, at the
17 discretion of the chair.
18 The Committee shall meet at a time and place designated by
19the chair, but in no case shall the Committee meet less often
20than once each month, until it has fulfilled all the
21obligations delineated in this Act.
22 All meetings of the Committee are subject to the provisions
23of the Open Meetings Act.
24 All proceedings of the Committee and documents produced by
25the Committee are subject to the provisions of the Freedom of
26Information Act.

SB3186 Engrossed- 97 -LRB100 18485 XWW 33701 b
1 The Committee shall draft and submit to the General
2Assembly a model implementation statute and a report outlining
3all the issues raised by the implementation by no later than
4December 31, 2008 or within 90 days after the effective date of
5this Act, whichever is later.
6 The Office of the Lieutenant Governor shall provide staff
7and administrative support to the Committee.
8(Source: P.A. 95-736, eff. 7-16-08.)
9 (50 ILCS 805/8 rep.)
10 Section 15-85. The Local Land Resource Management Planning
11Act is amended by repealing Section 8.
12 Section 15-90. The Central Illinois Economic Development
13Authority Act is amended by changing Section 27 as follows:
14 (70 ILCS 504/27)
15 Sec. 27. Employment advisory boards. The Authority may
16establish one or more employment advisory boards to report to
17it on employment related issues. Employment advisory boards
18must consist of members of the Authority and representatives
19from businesses and vocational training institutions that are
20located within the geographic boundaries of the Authority
21including, but not limited to, the following: (i)
22manufacturers, (ii) health care providers, (iii) community
23colleges, and (iv) producers and shippers of commodity and

SB3186 Engrossed- 98 -LRB100 18485 XWW 33701 b
1value-added farm products. The chairperson of an employment
2advisory board shall be appointed by a majority vote of the
3Authority. The Authority may adopt ordinances or resolutions
4concerning the reports created by employment advisory boards
5including, but not limited to, the topics and timeframes for
6the reports. Employment advisory boards shall receive
7administrative and other support from the Authority and the
8Department of Commerce and Economic Opportunity.
9(Source: P.A. 97-176, eff. 7-22-11.)
10 (105 ILCS 410/Act rep.)
11 Section 15-95. The Adult Education Reporting Act is
12repealed.
13 (110 ILCS 805/2-20 rep.)
14 (110 ILCS 805/2-25 rep.)
15 Section 15-100. The Public Community College Act is amended
16by repealing Sections 2-20 and 2-25.
17 (110 ILCS 947/65.80 rep.)
18 Section 15-105. The Higher Education Student Assistance
19Act is amended by repealing Section 65.80.
20 Section 15-110. The Real Estate License Act of 2000 is
21amended by changing Sections 1-10 and 5-50 as follows:

SB3186 Engrossed- 99 -LRB100 18485 XWW 33701 b
1 (225 ILCS 454/1-10)
2 (Section scheduled to be repealed on January 1, 2020)
3 Sec. 1-10. Definitions. In this Act, unless the context
4otherwise requires:
5 "Act" means the Real Estate License Act of 2000.
6 "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit. It is the duty of the applicant or
10licensee to inform the Department of any change of address, and
11those changes must be made either through the Department's
12website or by contacting the Department.
13 "Agency" means a relationship in which a broker or
14licensee, whether directly or through an affiliated licensee,
15represents a consumer by the consumer's consent, whether
16express or implied, in a real property transaction.
17 "Applicant" means any person, as defined in this Section,
18who applies to the Department for a valid license as a managing
19broker, broker, or leasing agent.
20 "Blind advertisement" means any real estate advertisement
21that does not include the sponsoring broker's business name and
22that is used by any licensee regarding the sale or lease of
23real estate, including his or her own, licensed activities, or
24the hiring of any licensee under this Act. The broker's
25business name in the case of a franchise shall include the
26franchise affiliation as well as the name of the individual

SB3186 Engrossed- 100 -LRB100 18485 XWW 33701 b
1firm.
2 "Board" means the Real Estate Administration and
3Disciplinary Board of the Department as created by Section
425-10 of this Act.
5 "Branch office" means a sponsoring broker's office other
6than the sponsoring broker's principal office.
7 "Broker" means an individual, partnership, limited
8liability company, corporation, or registered limited
9liability partnership other than a leasing agent who, whether
10in person or through any media or technology, for another and
11for compensation, or with the intention or expectation of
12receiving compensation, either directly or indirectly:
13 (1) Sells, exchanges, purchases, rents, or leases real
14 estate.
15 (2) Offers to sell, exchange, purchase, rent, or lease
16 real estate.
17 (3) Negotiates, offers, attempts, or agrees to
18 negotiate the sale, exchange, purchase, rental, or leasing
19 of real estate.
20 (4) Lists, offers, attempts, or agrees to list real
21 estate for sale, rent, lease, or exchange.
22 (5) Buys, sells, offers to buy or sell, or otherwise
23 deals in options on real estate or improvements thereon.
24 (6) Supervises the collection, offer, attempt, or
25 agreement to collect rent for the use of real estate.
26 (7) Advertises or represents himself or herself as

SB3186 Engrossed- 101 -LRB100 18485 XWW 33701 b
1 being engaged in the business of buying, selling,
2 exchanging, renting, or leasing real estate.
3 (8) Assists or directs in procuring or referring of
4 leads or prospects, intended to result in the sale,
5 exchange, lease, or rental of real estate.
6 (9) Assists or directs in the negotiation of any
7 transaction intended to result in the sale, exchange,
8 lease, or rental of real estate.
9 (10) Opens real estate to the public for marketing
10 purposes.
11 (11) Sells, rents, leases, or offers for sale or lease
12 real estate at auction.
13 (12) Prepares or provides a broker price opinion or
14 comparative market analysis as those terms are defined in
15 this Act, pursuant to the provisions of Section 10-45 of
16 this Act.
17 "Brokerage agreement" means a written or oral agreement
18between a sponsoring broker and a consumer for licensed
19activities to be provided to a consumer in return for
20compensation or the right to receive compensation from another.
21Brokerage agreements may constitute either a bilateral or a
22unilateral agreement between the broker and the broker's client
23depending upon the content of the brokerage agreement. All
24exclusive brokerage agreements shall be in writing.
25 "Broker price opinion" means an estimate or analysis of the
26probable selling price of a particular interest in real estate,

SB3186 Engrossed- 102 -LRB100 18485 XWW 33701 b
1which may provide a varying level of detail about the
2property's condition, market, and neighborhood and information
3on comparable sales. The activities of a real estate broker or
4managing broker engaging in the ordinary course of business as
5a broker, as defined in this Section, shall not be considered a
6broker price opinion if no compensation is paid to the broker
7or managing broker, other than compensation based upon the sale
8or rental of real estate.
9 "Client" means a person who is being represented by a
10licensee.
11 "Comparative market analysis" is an analysis or opinion
12regarding pricing, marketing, or financial aspects relating to
13a specified interest or interests in real estate that may be
14based upon an analysis of comparative market data, the
15expertise of the real estate broker or managing broker, and
16such other factors as the broker or managing broker may deem
17appropriate in developing or preparing such analysis or
18opinion. The activities of a real estate broker or managing
19broker engaging in the ordinary course of business as a broker,
20as defined in this Section, shall not be considered a
21comparative market analysis if no compensation is paid to the
22broker or managing broker, other than compensation based upon
23the sale or rental of real estate.
24 "Compensation" means the valuable consideration given by
25one person or entity to another person or entity in exchange
26for the performance of some activity or service. Compensation

SB3186 Engrossed- 103 -LRB100 18485 XWW 33701 b
1shall include the transfer of valuable consideration,
2including without limitation the following:
3 (1) commissions;
4 (2) referral fees;
5 (3) bonuses;
6 (4) prizes;
7 (5) merchandise;
8 (6) finder fees;
9 (7) performance of services;
10 (8) coupons or gift certificates;
11 (9) discounts;
12 (10) rebates;
13 (11) a chance to win a raffle, drawing, lottery, or
14 similar game of chance not prohibited by any other law or
15 statute;
16 (12) retainer fee; or
17 (13) salary.
18 "Confidential information" means information obtained by a
19licensee from a client during the term of a brokerage agreement
20that (i) was made confidential by the written request or
21written instruction of the client, (ii) deals with the
22negotiating position of the client, or (iii) is information the
23disclosure of which could materially harm the negotiating
24position of the client, unless at any time:
25 (1) the client permits the disclosure of information
26 given by that client by word or conduct;

SB3186 Engrossed- 104 -LRB100 18485 XWW 33701 b
1 (2) the disclosure is required by law; or
2 (3) the information becomes public from a source other
3 than the licensee.
4 "Confidential information" shall not be considered to
5include material information about the physical condition of
6the property.
7 "Consumer" means a person or entity seeking or receiving
8licensed activities.
9 "Coordinator" means the Coordinator of Real Estate created
10in Section 25-15 of this Act.
11 "Credit hour" means 50 minutes of classroom instruction in
12course work that meets the requirements set forth in rules
13adopted by the Department.
14 "Customer" means a consumer who is not being represented by
15the licensee but for whom the licensee is performing
16ministerial acts.
17 "Department" means the Department of Financial and
18Professional Regulation.
19 "Designated agency" means a contractual relationship
20between a sponsoring broker and a client under Section 15-50 of
21this Act in which one or more licensees associated with or
22employed by the broker are designated as agent of the client.
23 "Designated agent" means a sponsored licensee named by a
24sponsoring broker as the legal agent of a client, as provided
25for in Section 15-50 of this Act.
26 "Dual agency" means an agency relationship in which a

SB3186 Engrossed- 105 -LRB100 18485 XWW 33701 b
1licensee is representing both buyer and seller or both landlord
2and tenant in the same transaction. When the agency
3relationship is a designated agency, the question of whether
4there is a dual agency shall be determined by the agency
5relationships of the designated agent of the parties and not of
6the sponsoring broker.
7 "Education provider" means a school licensed by the
8Department offering courses in pre-license, post-license, or
9continuing education required by this Act.
10 "Employee" or other derivative of the word "employee", when
11used to refer to, describe, or delineate the relationship
12between a sponsoring broker and a managing broker, broker, or a
13leasing agent, shall be construed to include an independent
14contractor relationship, provided that a written agreement
15exists that clearly establishes and states the relationship.
16All responsibilities of a broker shall remain.
17 "Escrow moneys" means all moneys, promissory notes or any
18other type or manner of legal tender or financial consideration
19deposited with any person for the benefit of the parties to the
20transaction. A transaction exists once an agreement has been
21reached and an accepted real estate contract signed or lease
22agreed to by the parties. Escrow moneys includes without
23limitation earnest moneys and security deposits, except those
24security deposits in which the person holding the security
25deposit is also the sole owner of the property being leased and
26for which the security deposit is being held.

SB3186 Engrossed- 106 -LRB100 18485 XWW 33701 b
1 "Electronic means of proctoring" means a methodology
2providing assurance that the person taking a test and
3completing the answers to questions is the person seeking
4licensure or credit for continuing education and is doing so
5without the aid of a third party or other device.
6 "Exclusive brokerage agreement" means a written brokerage
7agreement that provides that the sponsoring broker has the sole
8right, through one or more sponsored licensees, to act as the
9exclusive designated agent or representative of the client and
10that meets the requirements of Section 15-75 of this Act.
11 "Inoperative" means a status of licensure where the
12licensee holds a current license under this Act, but the
13licensee is prohibited from engaging in licensed activities
14because the licensee is unsponsored or the license of the
15sponsoring broker with whom the licensee is associated or by
16whom he or she is employed is currently expired, revoked,
17suspended, or otherwise rendered invalid under this Act.
18 "Interactive delivery method" means delivery of a course by
19an instructor through a medium allowing for 2-way communication
20between the instructor and a student in which either can
21initiate or respond to questions.
22 "Leads" means the name or names of a potential buyer,
23seller, lessor, lessee, or client of a licensee.
24 "Leasing Agent" means a person who is employed by a broker
25to engage in licensed activities limited to leasing residential
26real estate who has obtained a license as provided for in

SB3186 Engrossed- 107 -LRB100 18485 XWW 33701 b
1Section 5-5 of this Act.
2 "License" means the document issued by the Department
3certifying that the person named thereon has fulfilled all
4requirements prerequisite to licensure under this Act.
5 "Licensed activities" means those activities listed in the
6definition of "broker" under this Section.
7 "Licensee" means any person, as defined in this Section,
8who holds a valid unexpired license as a managing broker,
9broker, or leasing agent.
10 "Listing presentation" means a communication between a
11managing broker or broker and a consumer in which the licensee
12is attempting to secure a brokerage agreement with the consumer
13to market the consumer's real estate for sale or lease.
14 "Managing broker" means a broker who has supervisory
15responsibilities for licensees in one or, in the case of a
16multi-office company, more than one office and who has been
17appointed as such by the sponsoring broker.
18 "Medium of advertising" means any method of communication
19intended to influence the general public to use or purchase a
20particular good or service or real estate.
21 "Ministerial acts" means those acts that a licensee may
22perform for a consumer that are informative or clerical in
23nature and do not rise to the level of active representation on
24behalf of a consumer. Examples of these acts include without
25limitation (i) responding to phone inquiries by consumers as to
26the availability and pricing of brokerage services, (ii)

SB3186 Engrossed- 108 -LRB100 18485 XWW 33701 b
1responding to phone inquiries from a consumer concerning the
2price or location of property, (iii) attending an open house
3and responding to questions about the property from a consumer,
4(iv) setting an appointment to view property, (v) responding to
5questions of consumers walking into a licensee's office
6concerning brokerage services offered or particular
7properties, (vi) accompanying an appraiser, inspector,
8contractor, or similar third party on a visit to a property,
9(vii) describing a property or the property's condition in
10response to a consumer's inquiry, (viii) completing business or
11factual information for a consumer on an offer or contract to
12purchase on behalf of a client, (ix) showing a client through a
13property being sold by an owner on his or her own behalf, or
14(x) referral to another broker or service provider.
15 "Office" means a broker's place of business where the
16general public is invited to transact business and where
17records may be maintained and licenses displayed, whether or
18not it is the broker's principal place of business.
19 "Person" means and includes individuals, entities,
20corporations, limited liability companies, registered limited
21liability partnerships, and partnerships, foreign or domestic,
22except that when the context otherwise requires, the term may
23refer to a single individual or other described entity.
24 "Personal assistant" means a licensed or unlicensed person
25who has been hired for the purpose of aiding or assisting a
26sponsored licensee in the performance of the sponsored

SB3186 Engrossed- 109 -LRB100 18485 XWW 33701 b
1licensee's job.
2 "Pocket card" means the card issued by the Department to
3signify that the person named on the card is currently licensed
4under this Act.
5 "Pre-renewal period" means the period between the date of
6issue of a currently valid license and the license's expiration
7date.
8 "Proctor" means any person, including, but not limited to,
9an instructor, who has a written agreement to administer
10examinations fairly and impartially with a licensed education
11provider.
12 "Real estate" means and includes leaseholds as well as any
13other interest or estate in land, whether corporeal,
14incorporeal, freehold, or non-freehold and whether the real
15estate is situated in this State or elsewhere. "Real estate"
16does not include property sold, exchanged, or leased as a
17timeshare or similar vacation item or interest, vacation club
18membership, or other activity formerly regulated under the Real
19Estate Timeshare Act of 1999 (repealed).
20 "Regular employee" means a person working an average of 20
21hours per week for a person or entity who would be considered
22as an employee under the Internal Revenue Service eleven main
23tests in three categories being behavioral control, financial
24control and the type of relationship of the parties, formerly
25the twenty factor test.
26 "Secretary" means the Secretary of the Department of

SB3186 Engrossed- 110 -LRB100 18485 XWW 33701 b
1Financial and Professional Regulation, or a person authorized
2by the Secretary to act in the Secretary's stead.
3 "Sponsoring broker" means the broker who has issued a
4sponsor card to a licensed managing broker, broker, or a
5leasing agent.
6 "Sponsor card" means the temporary permit issued by the
7sponsoring broker certifying that the managing broker, broker,
8or leasing agent named thereon is employed by or associated by
9written agreement with the sponsoring broker, as provided for
10in Section 5-40 of this Act.
11(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
12100-534, eff. 9-22-17; revised 10-2-17.)
13 (225 ILCS 454/5-50)
14 (Section scheduled to be repealed on January 1, 2020)
15 Sec. 5-50. Expiration and renewal of managing broker,
16broker, or leasing agent license; sponsoring broker; register
17of licensees; pocket card.
18 (a) The expiration date and renewal period for each license
19issued under this Act shall be set by rule. Except as otherwise
20provided in this Section, the holder of a license may renew the
21license within 90 days preceding the expiration date thereof by
22completing the continuing education required by this Act and
23paying the fees specified by rule.
24 (b) An individual whose first license is that of a broker
25received on or after the effective date of this amendatory Act

SB3186 Engrossed- 111 -LRB100 18485 XWW 33701 b
1of the 100th General Assembly, must provide evidence of having
2completed 30 hours of post-license education in courses
3recommended by the Board and approved by the Department, 15
4hours of which must consist of situational and case studies
5presented in a classroom or a live, interactive webinar, online
6distance education course, or home study course. Credit for
7courses taken through a home study course shall require passage
8of an examination approved by the Department prior to the first
9renewal of their broker's license.
10 (c) Any managing broker, broker, or leasing agent whose
11license under this Act has expired shall be eligible to renew
12the license during the 2-year period following the expiration
13date, provided the managing broker, broker, or leasing agent
14pays the fees as prescribed by rule and completes continuing
15education and other requirements provided for by the Act or by
16rule. Beginning on May 1, 2012, a managing broker licensee,
17broker, or leasing agent whose license has been expired for
18more than 2 years but less than 5 years may have it restored by
19(i) applying to the Department, (ii) paying the required fee,
20(iii) completing the continuing education requirements for the
21most recent pre-renewal period that ended prior to the date of
22the application for reinstatement, and (iv) filing acceptable
23proof of fitness to have his or her license restored, as set by
24rule. A managing broker, broker, or leasing agent whose license
25has been expired for more than 5 years shall be required to
26meet the requirements for a new license.

SB3186 Engrossed- 112 -LRB100 18485 XWW 33701 b
1 (d) Notwithstanding any other provisions of this Act to the
2contrary, any managing broker, broker, or leasing agent whose
3license expired while he or she was (i) on active duty with the
4Armed Forces of the United States or called into service or
5training by the state militia, (ii) engaged in training or
6education under the supervision of the United States
7preliminary to induction into military service, or (iii)
8serving as the Coordinator of Real Estate in the State of
9Illinois or as an employee of the Department may have his or
10her license renewed, reinstated or restored without paying any
11lapsed renewal fees if within 2 years after the termination of
12the service, training or education by furnishing the Department
13with satisfactory evidence of service, training, or education
14and it has been terminated under honorable conditions.
15 (e) The Department shall establish and maintain a register
16of all persons currently licensed by the State and shall issue
17and prescribe a form of pocket card. Upon payment by a licensee
18of the appropriate fee as prescribed by rule for engagement in
19the activity for which the licensee is qualified and holds a
20license for the current period, the Department shall issue a
21pocket card to the licensee. The pocket card shall be
22verification that the required fee for the current period has
23been paid and shall indicate that the person named thereon is
24licensed for the current renewal period as a managing broker,
25broker, or leasing agent as the case may be. The pocket card
26shall further indicate that the person named thereon is

SB3186 Engrossed- 113 -LRB100 18485 XWW 33701 b
1authorized by the Department to engage in the licensed activity
2appropriate for his or her status (managing broker, broker, or
3leasing agent). Each licensee shall carry on his or her person
4his or her pocket card or, if such pocket card has not yet been
5issued, a properly issued sponsor card when engaging in any
6licensed activity and shall display the same on demand.
7 (f) The Department shall provide to the sponsoring broker a
8notice of renewal for all sponsored licensees by mailing the
9notice to the sponsoring broker's address of record, or, at the
10Department's discretion, by an electronic means as provided for
11by rule.
12 (g) Upon request from the sponsoring broker, the Department
13shall make available to the sponsoring broker, either by mail
14or by an electronic means at the discretion of the Department,
15a listing of licensees under this Act who, according to the
16records of the Department, are sponsored by that broker. Every
17licensee associated with or employed by a broker whose license
18is revoked, suspended, terminated, or expired shall be
19considered as inoperative until such time as the sponsoring
20broker's license is reinstated or renewed, or the licensee
21changes employment as set forth in subsection (c) of Section
225-40 of this Act.
23(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18.)
24 (225 ILCS 454/25-15 rep.)
25 Section 15-115. The Real Estate License Act of 2000 is

SB3186 Engrossed- 114 -LRB100 18485 XWW 33701 b
1amended by repealing Section 25-15.
2 Section 15-120. The Real Estate Appraiser Licensing Act of
32002 is amended by changing Sections 1-10, 5-25, 15-15, and
425-10 as follows:
5 (225 ILCS 458/1-10)
6 (Section scheduled to be repealed on January 1, 2022)
7 Sec. 1-10. Definitions. As used in this Act, unless the
8context otherwise requires:
9 "Accredited college or university, junior college, or
10community college" means a college or university, junior
11college, or community college that is approved or accredited by
12the Board of Higher Education, a regional or national
13accreditation association, or by an accrediting agency that is
14recognized by the U.S. Secretary of Education.
15 "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit. It is the duty of the applicant or
19licensee to inform the Department of any change of address and
20those changes must be made either through the Department's
21website or by contacting the Department.
22 "Applicant" means person who applies to the Department for
23a license under this Act.
24 "Appraisal" means (noun) the act or process of developing

SB3186 Engrossed- 115 -LRB100 18485 XWW 33701 b
1an opinion of value; an opinion of value (adjective) of or
2pertaining to appraising and related functions, such as
3appraisal practice or appraisal services.
4 "Appraisal assignment" means a valuation service provided
5as a consequence of an agreement between an appraiser and a
6client.
7 "Appraisal consulting" means the act or process of
8developing an analysis, recommendation, or opinion to solve a
9problem, where an opinion of value is a component of the
10analysis leading to the assignment results.
11 "Appraisal firm" means an appraisal entity that is 100%
12owned and controlled by a person or persons licensed in
13Illinois as a certified general real estate appraiser or a
14certified residential real estate appraiser. "Appraisal firm"
15does not include an appraisal management company.
16 "Appraisal management company" means any corporation,
17limited liability company, partnership, sole proprietorship,
18subsidiary, unit, or other business entity that directly or
19indirectly performs the following appraisal management
20services: (1) administers networks of independent contractors
21or employee appraisers to perform real estate appraisal
22assignments for clients; (2) receives requests for real estate
23appraisal services from clients and, for a fee paid by the
24client, enters into an agreement with one or more independent
25appraisers to perform the real estate appraisal services
26contained in the request; or (3) otherwise serves as a

SB3186 Engrossed- 116 -LRB100 18485 XWW 33701 b
1third-party broker of appraisal management services between
2clients and appraisers. "Appraisal management company" does
3not include an appraisal firm.
4 "Appraisal practice" means valuation services performed by
5an individual acting as an appraiser, including, but not
6limited to, appraisal, appraisal review, or appraisal
7consulting.
8 "Appraisal report" means any communication, written or
9oral, of an appraisal or appraisal review that is transmitted
10to a client upon completion of an assignment.
11 "Appraisal review" means the act or process of developing
12and communicating an opinion about the quality of another
13appraiser's work that was performed as part of an appraisal,
14appraisal review, or appraisal assignment.
15 "Appraisal Subcommittee" means the Appraisal Subcommittee
16of the Federal Financial Institutions Examination Council as
17established by Title XI.
18 "Appraiser" means a person who performs real estate or real
19property appraisals.
20 "AQB" means the Appraisal Qualifications Board of the
21Appraisal Foundation.
22 "Associate real estate trainee appraiser" means an
23entry-level appraiser who holds a license of this
24classification under this Act with restrictions as to the scope
25of practice in accordance with this Act.
26 "Board" means the Real Estate Appraisal Administration and

SB3186 Engrossed- 117 -LRB100 18485 XWW 33701 b
1Disciplinary Board.
2 "Broker price opinion" means an estimate or analysis of the
3probable selling price of a particular interest in real estate,
4which may provide a varying level of detail about the
5property's condition, market, and neighborhood and information
6on comparable sales. The activities of a real estate broker or
7managing broker engaging in the ordinary course of business as
8a broker, as defined in this Section, shall not be considered a
9broker price opinion if no compensation is paid to the broker
10or managing broker, other than compensation based upon the sale
11or rental of real estate.
12 "Classroom hour" means 50 minutes of instruction out of
13each 60 minute segment of coursework.
14 "Client" means the party or parties who engage an appraiser
15by employment or contract in a specific appraisal assignment.
16 "Comparative market analysis" is an analysis or opinion
17regarding pricing, marketing, or financial aspects relating to
18a specified interest or interests in real estate that may be
19based upon an analysis of comparative market data, the
20expertise of the real estate broker or managing broker, and
21such other factors as the broker or managing broker may deem
22appropriate in developing or preparing such analysis or
23opinion. The activities of a real estate broker or managing
24broker engaging in the ordinary course of business as a broker,
25as defined in this Section, shall not be considered a
26comparative market analysis if no compensation is paid to the

SB3186 Engrossed- 118 -LRB100 18485 XWW 33701 b
1broker or managing broker, other than compensation based upon
2the sale or rental of real estate.
3 "Coordinator" means the Coordinator of Real Estate
4Appraisal of the Division of Professional Regulation of the
5Department of Financial and Professional Regulation.
6 "Department" means the Department of Financial and
7Professional Regulation.
8 "Federal financial institutions regulatory agencies" means
9the Board of Governors of the Federal Reserve System, the
10Federal Deposit Insurance Corporation, the Office of the
11Comptroller of the Currency, the Consumer Financial Protection
12Bureau, and the National Credit Union Administration.
13 "Federally related transaction" means any real
14estate-related financial transaction in which a federal
15financial institutions regulatory agency engages in, contracts
16for, or regulates and requires the services of an appraiser.
17 "Financial institution" means any bank, savings bank,
18savings and loan association, credit union, mortgage broker,
19mortgage banker, licensee under the Consumer Installment Loan
20Act or the Sales Finance Agency Act, or a corporate fiduciary,
21subsidiary, affiliate, parent company, or holding company of
22any such licensee, or any institution involved in real estate
23financing that is regulated by state or federal law.
24 "Person" means an individual, entity, sole proprietorship,
25corporation, limited liability company, partnership, and joint
26venture, foreign or domestic, except that when the context

SB3186 Engrossed- 119 -LRB100 18485 XWW 33701 b
1otherwise requires, the term may refer to more than one
2individual or other described entity.
3 "Real estate" means an identified parcel or tract of land,
4including any improvements.
5 "Real estate related financial transaction" means any
6transaction involving:
7 (1) the sale, lease, purchase, investment in, or
8 exchange of real property, including interests in property
9 or the financing thereof;
10 (2) the refinancing of real property or interests in
11 real property; and
12 (3) the use of real property or interest in property as
13 security for a loan or investment, including mortgage
14 backed securities.
15 "Real property" means the interests, benefits, and rights
16inherent in the ownership of real estate.
17 "Secretary" means the Secretary of Financial and
18Professional Regulation.
19 "State certified general real estate appraiser" means an
20appraiser who holds a license of this classification under this
21Act and such classification applies to the appraisal of all
22types of real property without restrictions as to the scope of
23practice.
24 "State certified residential real estate appraiser" means
25an appraiser who holds a license of this classification under
26this Act and such classification applies to the appraisal of

SB3186 Engrossed- 120 -LRB100 18485 XWW 33701 b
1one to 4 units of residential real property without regard to
2transaction value or complexity, but with restrictions as to
3the scope of practice in a federally related transaction in
4accordance with Title XI, the provisions of USPAP, criteria
5established by the AQB, and further defined by rule.
6 "Supervising appraiser" means either (i) an appraiser who
7holds a valid license under this Act as either a State
8certified general real estate appraiser or a State certified
9residential real estate appraiser, who co-signs an appraisal
10report for an associate real estate trainee appraiser or (ii) a
11State certified general real estate appraiser who holds a valid
12license under this Act who co-signs an appraisal report for a
13State certified residential real estate appraiser on
14properties other than one to 4 units of residential real
15property without regard to transaction value or complexity.
16 "Title XI" means Title XI of the federal Financial
17Institutions Reform, Recovery and Enforcement Act of 1989.
18 "USPAP" means the Uniform Standards of Professional
19Appraisal Practice as promulgated by the Appraisal Standards
20Board pursuant to Title XI and by rule.
21 "Valuation services" means services pertaining to aspects
22of property value.
23(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
24 (225 ILCS 458/5-25)
25 (Section scheduled to be repealed on January 1, 2022)

SB3186 Engrossed- 121 -LRB100 18485 XWW 33701 b
1 Sec. 5-25. Renewal of license.
2 (a) The expiration date and renewal period for a State
3certified general real estate appraiser license or a State
4certified residential real estate appraiser license issued
5under this Act shall be set by rule. Except as otherwise
6provided in subsections (b) and (f) of this Section, the holder
7of a license may renew the license within 90 days preceding the
8expiration date by:
9 (1) completing and submitting to the Department a
10 renewal application form as provided by the Department;
11 (2) paying the required fees; and
12 (3) providing evidence of successful completion of the
13 continuing education requirements through courses approved
14 by the Department from education providers licensed by the
15 Department, as established by the AQB and by rule.
16 (b) A State certified general real estate appraiser or
17State certified residential real estate appraiser whose
18license under this Act has expired may renew the license for a
19period of 2 years following the expiration date by complying
20with the requirements of paragraphs (1), (2), and (3) of
21subsection (a) of this Section and paying any late penalties
22established by rule.
23 (c) (Blank).
24 (d) The expiration date and renewal period for an associate
25real estate trainee appraiser license issued under this Act
26shall be set by rule. Except as otherwise provided in

SB3186 Engrossed- 122 -LRB100 18485 XWW 33701 b
1subsections (e) and (f) of this Section, the holder of an
2associate real estate appraiser license may renew the license
3within 90 days preceding the expiration date by:
4 (1) completing and submitting to the Department a
5 renewal application form as provided by the Department;
6 (2) paying the required fees; and
7 (3) providing evidence of successful completion of the
8 continuing education requirements through courses approved
9 by the Department from education providers approved by the
10 Department, as established by rule.
11 (e) Any associate real estate appraiser trainee whose
12license under this Act has expired may renew the license for a
13period of 2 years following the expiration date by complying
14with the requirements of paragraphs (1), (2), and (3) of
15subsection (d) of this Section and paying any late penalties as
16established by rule. An associate real estate trainee appraiser
17license may not be renewed more than 2 times.
18 (f) Notwithstanding subsections (c) and (e), an appraiser
19whose license under this Act has expired may renew or convert
20the license without paying any lapsed renewal fees or late
21penalties if the license expired while the appraiser was:
22 (1) on active duty with the United States Armed
23 Services;
24 (2) (Blank). serving as the Coordinator of Real Estate
25 Appraisal or an employee of the Department who was required
26 to surrender his or her license during the term of

SB3186 Engrossed- 123 -LRB100 18485 XWW 33701 b
1 employment.
2 Application for renewal must be made within 2 years
3following the termination of the military service or related
4education, training, or employment. The licensee shall furnish
5the Department with an affidavit that he or she was so engaged.
6 (g) The Department shall provide reasonable care and due
7diligence to ensure that each licensee under this Act is
8provided with a renewal application at least 90 days prior to
9the expiration date, but each licensee is responsible to timely
10renew or convert his or her license prior to its expiration
11date.
12(Source: P.A. 96-844, eff. 12-23-09.)
13 (225 ILCS 458/15-15)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 15-15. Investigation; notice; hearing.
16 (a) Upon the motion of the Department or the Board or upon
17a complaint in writing of a person setting forth facts that, if
18proven, would constitute grounds for suspension, revocation,
19or other disciplinary action against a licensee or applicant
20for licensure, the Department shall investigate the actions of
21the licensee or applicant. If, upon investigation, the
22Department believes that there may be cause for suspension,
23revocation, or other disciplinary action, the Department shall
24use the services of a State certified general real estate
25appraiser or , a State certified residential real estate

SB3186 Engrossed- 124 -LRB100 18485 XWW 33701 b
1appraiser, or the Real Estate Coordinator to assist in
2determining whether grounds for disciplinary action exist
3prior to commencing formal disciplinary proceedings.
4 (b) Formal disciplinary proceedings shall commence upon
5the issuance of a written complaint describing the charges that
6are the basis of the disciplinary action and delivery of the
7detailed complaint to the address of record of the licensee or
8applicant. The Department shall notify the licensee or
9applicant to file a verified written answer within 20 days
10after the service of the notice and complaint. The notification
11shall inform the licensee or applicant of his or her right to
12be heard in person or by legal counsel; that the hearing will
13be afforded not sooner than 30 days after service of the
14complaint; that failure to file an answer will result in a
15default being entered against the licensee or applicant; that
16the license may be suspended, revoked, or placed on
17probationary status; and that other disciplinary action may be
18taken pursuant to this Act, including limiting the scope,
19nature, or extent of the licensee's practice. If the licensee
20or applicant fails to file an answer after service of notice,
21his or her license may, at the discretion of the Department, be
22suspended, revoked, or placed on probationary status and the
23Department may take whatever disciplinary action it deems
24proper, including limiting the scope, nature, or extent of the
25person's practice, without a hearing.
26 (c) At the time and place fixed in the notice, the Board

SB3186 Engrossed- 125 -LRB100 18485 XWW 33701 b
1shall conduct hearing of the charges, providing both the
2accused person and the complainant ample opportunity to present
3in person or by counsel such statements, testimony, evidence,
4and argument as may be pertinent to the charges or to a defense
5thereto.
6 (d) The Board shall present to the Secretary a written
7report of its findings and recommendations. A copy of the
8report shall be served upon the licensee or applicant, either
9personally or by certified mail. Within 20 days after the
10service, the licensee or applicant may present the Secretary
11with a motion in writing for either a rehearing, a proposed
12finding of fact, a conclusion of law, or an alternative
13sanction, and shall specify the particular grounds for the
14request. If the accused orders a transcript of the record as
15provided in this Act, the time elapsing thereafter and before
16the transcript is ready for delivery to the accused shall not
17be counted as part of the 20 days. If the Secretary is not
18satisfied that substantial justice has been done, the Secretary
19may order a rehearing by the Board or other special committee
20appointed by the Secretary, may remand the matter to the Board
21for its reconsideration of the matter based on the pleadings
22and evidence presented to the Board, or may enter a final order
23in contravention of the Board's recommendation. In all
24instances under this Act in which the Board has rendered a
25recommendation to the Secretary with respect to a particular
26licensee or applicant, the Secretary, if he or she disagrees

SB3186 Engrossed- 126 -LRB100 18485 XWW 33701 b
1with the recommendation of the Board, shall file with the Board
2and provide to the licensee or applicant a copy of the
3Secretary's specific written reasons for disagreement with the
4Board. The reasons shall be filed within 60 days of the Board's
5recommendation to the Secretary and prior to any contrary
6action. Notwithstanding a licensee's or applicant's failure to
7file a motion for rehearing, the Secretary shall have the right
8to take any of the actions specified in this subsection (d).
9Upon the suspension or revocation of a license, the licensee
10shall be required to surrender his or her license to the
11Department, and upon failure or refusal to do so, the
12Department shall have the right to seize the license.
13 (e) The Department has the power to issue subpoenas and
14subpoenas duces tecum to bring before it any person in this
15State, to take testimony, or to require production of any
16records relevant to an inquiry or hearing by the Board in the
17same manner as prescribed by law in judicial proceedings in the
18courts of this State. In a case of refusal of a witness to
19attend, testify, or to produce books or papers concerning a
20matter upon which he or she might be lawfully examined, the
21circuit court of the county where the hearing is held, upon
22application of the Department or any party to the proceeding,
23may compel obedience by proceedings as for contempt.
24 (f) Any license that is suspended indefinitely or revoked
25may not be restored for a minimum period of 2 years, or as
26otherwise ordered by the Secretary.

SB3186 Engrossed- 127 -LRB100 18485 XWW 33701 b
1 (g) In addition to the provisions of this Section
2concerning the conduct of hearings and the recommendations for
3discipline, the Department has the authority to negotiate
4disciplinary and non-disciplinary settlement agreements
5concerning any license issued under this Act. All such
6agreements shall be recorded as Consent Orders or Consent to
7Administrative Supervision Orders.
8 (h) The Secretary shall have the authority to appoint an
9attorney duly licensed to practice law in the State of Illinois
10to serve as the hearing officer in any action to suspend,
11revoke, or otherwise discipline any license issued by the
12Department. The Hearing Officer shall have full authority to
13conduct the hearing.
14 (i) The Department, at its expense, shall preserve a record
15of all formal hearings of any contested case involving the
16discipline of a license. At all hearings or pre-hearing
17conferences, the Department and the licensee shall be entitled
18to have the proceedings transcribed by a certified shorthand
19reporter. A copy of the transcribed proceedings shall be made
20available to the licensee by the certified shorthand reporter
21upon payment of the prevailing contract copy rate.
22(Source: P.A. 96-844, eff. 12-23-09.)
23 (225 ILCS 458/25-10)
24 (Section scheduled to be repealed on January 1, 2022)
25 Sec. 25-10. Real Estate Appraisal Administration and

SB3186 Engrossed- 128 -LRB100 18485 XWW 33701 b
1Disciplinary Board; appointment.
2 (a) There is hereby created the Real Estate Appraisal
3Administration and Disciplinary Board. The Board shall be
4composed of 10 persons appointed by the Governor, plus the
5Coordinator of the Real Estate Appraisal Division. Members
6shall be appointed to the Board subject to the following
7conditions:
8 (1) All appointed members shall have been residents and
9 citizens of this State for at least 5 years prior to the
10 date of appointment.
11 (2) The appointed membership of the Board should
12 reasonably reflect the geographic distribution of the
13 population of the State.
14 (3) Four appointed members shall have been actively
15 engaged and currently licensed as State certified general
16 real estate appraisers for a period of not less than 5
17 years.
18 (4) Two appointed members shall have been actively
19 engaged and currently licensed as State certified
20 residential real estate appraisers for a period of not less
21 than 5 years.
22 (5) Two appointed members shall hold a valid license as
23 a real estate broker for at least 10 years prior to the
24 date of the appointment, one of whom shall hold a valid
25 State certified general real estate appraiser license
26 issued under this Act or a predecessor Act for a period of

SB3186 Engrossed- 129 -LRB100 18485 XWW 33701 b
1 at least 5 years prior to the appointment and one of whom
2 shall hold a valid State certified residential real estate
3 appraiser license issued under this Act or a predecessor
4 Act for a period of at least 5 years prior to the
5 appointment.
6 (6) One appointed member shall be a representative of a
7 financial institution, as evidenced by his or her
8 employment with a financial institution.
9 (7) One appointed member shall represent the interests
10 of the general public. This member or his or her spouse
11 shall not be licensed under this Act nor be employed by or
12 have any interest in an appraisal business, appraisal
13 management company, real estate brokerage business, or a
14 financial institution.
15 In making appointments as provided in paragraphs (3) and
16(4) of this subsection, the Governor shall give due
17consideration to recommendations by members and organizations
18representing the profession.
19 In making the appointments as provided in paragraph (5) of
20this subsection, the Governor shall give due consideration to
21the recommendations by members and organizations representing
22the real estate industry.
23 In making the appointment as provided in paragraph (6) of
24this subsection, the Governor shall give due consideration to
25the recommendations by members and organizations representing
26financial institutions.

SB3186 Engrossed- 130 -LRB100 18485 XWW 33701 b
1 (b) The term for members of the Board shall be 4 years, and
2each member shall serve until his or her successor is appointed
3and qualified.
4 (c) The Governor may terminate the appointment of a member
5for cause that, in the opinion of the Governor, reasonably
6justifies the termination. Cause for termination may include,
7without limitation, misconduct, incapacity, neglect of duty,
8or missing 4 Board meetings during any one calendar year.
9 (d) A majority of the Board members shall constitute a
10quorum. A vacancy in the membership of the Board shall not
11impair the right of a quorum to exercise all of the rights and
12perform all of the duties of the Board.
13 (e) The Board shall meet at least quarterly and may be
14convened by the Chairperson, Vice-Chairperson, or 3 members of
15the Board upon 10 days written notice.
16 (f) The Board shall, annually at the first meeting of the
17fiscal year, elect a Chairperson and Vice-Chairperson from its
18members. The Chairperson shall preside over the meetings and
19shall develop coordinate with the Coordinator in developing and
20distribute distributing an agenda for each meeting. In the
21absence of the Chairperson, the Vice-Chairperson shall preside
22over the meeting.
23 (g) (Blank). The Coordinator of the Real Estate Appraisal
24Division shall serve as a member of the Board without vote.
25 (h) The Board shall advise and make recommendations to the
26Department on the education and experience qualifications of

SB3186 Engrossed- 131 -LRB100 18485 XWW 33701 b
1any applicant for initial licensure as a State certified
2general real estate appraiser or a State certified residential
3real estate appraiser. The Department shall not make any
4decisions concerning education or experience qualifications of
5an applicant for initial licensure as a State certified general
6real estate appraiser or a State certified residential real
7estate appraiser without having first received the advice and
8recommendation of the Board and shall give due consideration to
9all such advice and recommendations; however, if the Board does
10not render advice or make a recommendation within a reasonable
11amount of time, then the Department may render a decision.
12 (i) Except as provided in Section 15-17 of this Act, the
13Board shall hear and make recommendations to the Secretary on
14disciplinary matters that require a formal evidentiary
15hearing. The Secretary shall give due consideration to the
16recommendations of the Board involving discipline and
17questions involving standards of professional conduct of
18licensees.
19 (j) The Department shall seek and the Board shall provide
20recommendations to the Department consistent with the
21provisions of this Act and for the administration and
22enforcement of all rules adopted pursuant to this Act. The
23Department shall give due consideration to such
24recommendations prior to adopting rules.
25 (k) The Department shall seek and the Board shall provide
26recommendations to the Department on the approval of all

SB3186 Engrossed- 132 -LRB100 18485 XWW 33701 b
1courses submitted to the Department pursuant to this Act and
2the rules adopted pursuant to this Act. The Department shall
3not approve any courses without having first received the
4recommendation of the Board and shall give due consideration to
5such recommendations prior to approving and licensing courses;
6however, if the Board does not make a recommendation within a
7reasonable amount of time, then the Department may approve
8courses.
9 (l) Each voting member of the Board shall receive a per
10diem stipend in an amount to be determined by the Secretary.
11Each member shall be paid his or her necessary expenses while
12engaged in the performance of his or her duties.
13 (m) Members of the Board shall be immune from suit in an
14action based upon any disciplinary proceedings or other acts
15performed in good faith as members of the Board.
16 (n) If the Department disagrees with any advice or
17recommendation provided by the Board under this Section to the
18Secretary or the Department, then notice of such disagreement
19must be provided to the Board by the Department.
20 (o) Upon resolution adopted at any Board meeting, the
21exercise of any Board function, power, or duty enumerated in
22this Section or in subsection (d) of Section 15-10 of this Act
23may be suspended. The exercise of any suspended function,
24power, or duty of the Board may be reinstated by a resolution
25adopted at a subsequent Board meeting. Any resolution adopted
26pursuant to this Section shall take effect immediately.

SB3186 Engrossed- 133 -LRB100 18485 XWW 33701 b
1(Source: P.A. 98-1109, eff. 1-1-15.)
2 (225 ILCS 458/25-15 rep.)
3 Section 15-125. The Real Estate Appraiser Licensing Act of
42002 is amended by repealing Section 25-15.
5 Section 15-130. The Illinois Horse Racing Act of 1975 is
6amended by changing Section 27 as follows:
7 (230 ILCS 5/27) (from Ch. 8, par. 37-27)
8 Sec. 27. (a) In addition to the organization license fee
9provided by this Act, until January 1, 2000, a graduated
10privilege tax is hereby imposed for conducting the pari-mutuel
11system of wagering permitted under this Act. Until January 1,
122000, except as provided in subsection (g) of Section 27 of
13this Act, all of the breakage of each racing day held by any
14licensee in the State shall be paid to the State. Until January
151, 2000, such daily graduated privilege tax shall be paid by
16the licensee from the amount permitted to be retained under
17this Act. Until January 1, 2000, each day's graduated privilege
18tax, breakage, and Horse Racing Tax Allocation funds shall be
19remitted to the Department of Revenue within 48 hours after the
20close of the racing day upon which it is assessed or within
21such other time as the Board prescribes. The privilege tax
22hereby imposed, until January 1, 2000, shall be a flat tax at
23the rate of 2% of the daily pari-mutuel handle except as

SB3186 Engrossed- 134 -LRB100 18485 XWW 33701 b
1provided in Section 27.1.
2 In addition, every organization licensee, except as
3provided in Section 27.1 of this Act, which conducts multiple
4wagering shall pay, until January 1, 2000, as a privilege tax
5on multiple wagers an amount equal to 1.25% of all moneys
6wagered each day on such multiple wagers, plus an additional
7amount equal to 3.5% of the amount wagered each day on any
8other multiple wager which involves a single betting interest
9on 3 or more horses. The licensee shall remit the amount of
10such taxes to the Department of Revenue within 48 hours after
11the close of the racing day on which it is assessed or within
12such other time as the Board prescribes.
13 This subsection (a) shall be inoperative and of no force
14and effect on and after January 1, 2000.
15 (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
16at the rate of 1.5% of the daily pari-mutuel handle is imposed
17at all pari-mutuel wagering facilities and on advance deposit
18wagering from a location other than a wagering facility, except
19as otherwise provided for in this subsection (a-5). In addition
20to the pari-mutuel tax imposed on advance deposit wagering
21pursuant to this subsection (a-5), beginning on August 24, 2012
22(the effective date of Public Act 97-1060) and through December
2331, 2018, an additional pari-mutuel tax at the rate of 0.25%
24shall be imposed on advance deposit wagering. Until August 25,
252012, the additional 0.25% pari-mutuel tax imposed on advance
26deposit wagering by Public Act 96-972 shall be deposited into

SB3186 Engrossed- 135 -LRB100 18485 XWW 33701 b
1the Quarter Horse Purse Fund, which shall be created as a
2non-appropriated trust fund administered by the Board for
3grants to thoroughbred organization licensees for payment of
4purses for quarter horse races conducted by the organization
5licensee. Beginning on August 26, 2012, the additional 0.25%
6pari-mutuel tax imposed on advance deposit wagering shall be
7deposited into a the Standardbred Purse Fund, which shall be
8created as a non-appropriated trust fund administered by the
9Board, for grants to the standardbred organization licensees
10purse account for payment of purses proportionately, based upon
11prior year total Illinois wagering handle, including advanced
12deposit wagering, for standardbred horse races conducted by the
13organization licensee. Thoroughbred organization licensees may
14petition the Board to conduct quarter horse racing and receive
15purse grants from the Quarter Horse Purse Fund. The Board shall
16have complete discretion in distributing the Quarter Horse
17Purse Fund to the petitioning organization licensees.
18Beginning on July 26, 2010 (the effective date of Public Act
1996-1287), a pari-mutuel tax at the rate of 0.75% of the daily
20pari-mutuel handle is imposed at a pari-mutuel facility whose
21license is derived from a track located in a county that
22borders the Mississippi River and conducted live racing in the
23previous year. The pari-mutuel tax imposed by this subsection
24(a-5) shall be remitted to the Department of Revenue within 48
25hours after the close of the racing day upon which it is
26assessed or within such other time as the Board prescribes.

SB3186 Engrossed- 136 -LRB100 18485 XWW 33701 b
1 (b) On or before December 31, 1999, in the event that any
2organization licensee conducts 2 separate programs of races on
3any day, each such program shall be considered a separate
4racing day for purposes of determining the daily handle and
5computing the privilege tax on such daily handle as provided in
6subsection (a) of this Section.
7 (c) Licensees shall at all times keep accurate books and
8records of all monies wagered on each day of a race meeting and
9of the taxes paid to the Department of Revenue under the
10provisions of this Section. The Board or its duly authorized
11representative or representatives shall at all reasonable
12times have access to such records for the purpose of examining
13and checking the same and ascertaining whether the proper
14amount of taxes is being paid as provided. The Board shall
15require verified reports and a statement of the total of all
16monies wagered daily at each wagering facility upon which the
17taxes are assessed and may prescribe forms upon which such
18reports and statement shall be made.
19 (d) Any licensee failing or refusing to pay the amount of
20any tax due under this Section shall be guilty of a business
21offense and upon conviction shall be fined not more than $5,000
22in addition to the amount found due as tax under this Section.
23Each day's violation shall constitute a separate offense. All
24fines paid into Court by a licensee hereunder shall be
25transmitted and paid over by the Clerk of the Court to the
26Board.

SB3186 Engrossed- 137 -LRB100 18485 XWW 33701 b
1 (e) No other license fee, privilege tax, excise tax, or
2racing fee, except as provided in this Act, shall be assessed
3or collected from any such licensee by the State.
4 (f) No other license fee, privilege tax, excise tax or
5racing fee shall be assessed or collected from any such
6licensee by units of local government except as provided in
7paragraph 10.1 of subsection (h) and subsection (f) of Section
826 of this Act. However, any municipality that has a Board
9licensed horse race meeting at a race track wholly within its
10corporate boundaries or a township that has a Board licensed
11horse race meeting at a race track wholly within the
12unincorporated area of the township may charge a local
13amusement tax not to exceed 10 per admission to such horse
14race meeting by the enactment of an ordinance. However, any
15municipality or county that has a Board licensed inter-track
16wagering location facility wholly within its corporate
17boundaries may each impose an admission fee not to exceed $1.00
18per admission to such inter-track wagering location facility,
19so that a total of not more than $2.00 per admission may be
20imposed. Except as provided in subparagraph (g) of Section 27
21of this Act, the inter-track wagering location licensee shall
22collect any and all such fees and within 48 hours remit the
23fees to the Board, which shall, pursuant to rule, cause the
24fees to be distributed to the county or municipality.
25 (g) Notwithstanding any provision in this Act to the
26contrary, if in any calendar year the total taxes and fees

SB3186 Engrossed- 138 -LRB100 18485 XWW 33701 b
1required to be collected from licensees and distributed under
2this Act to all State and local governmental authorities
3exceeds the amount of such taxes and fees distributed to each
4State and local governmental authority to which each State and
5local governmental authority was entitled under this Act for
6calendar year 1994, then the first $11 million of that excess
7amount shall be allocated at the earliest possible date for
8distribution as purse money for the succeeding calendar year.
9Upon reaching the 1994 level, and until the excess amount of
10taxes and fees exceeds $11 million, the Board shall direct all
11licensees to cease paying the subject taxes and fees and the
12Board shall direct all licensees to allocate any such excess
13amount for purses as follows:
14 (i) the excess amount shall be initially divided
15 between thoroughbred and standardbred purses based on the
16 thoroughbred's and standardbred's respective percentages
17 of total Illinois live wagering in calendar year 1994;
18 (ii) each thoroughbred and standardbred organization
19 licensee issued an organization licensee in that
20 succeeding allocation year shall be allocated an amount
21 equal to the product of its percentage of total Illinois
22 live thoroughbred or standardbred wagering in calendar
23 year 1994 (the total to be determined based on the sum of
24 1994 on-track wagering for all organization licensees
25 issued organization licenses in both the allocation year
26 and the preceding year) multiplied by the total amount

SB3186 Engrossed- 139 -LRB100 18485 XWW 33701 b
1 allocated for standardbred or thoroughbred purses,
2 provided that the first $1,500,000 of the amount allocated
3 to standardbred purses under item (i) shall be allocated to
4 the Department of Agriculture to be expended with the
5 assistance and advice of the Illinois Standardbred
6 Breeders Funds Advisory Board for the purposes listed in
7 subsection (g) of Section 31 of this Act, before the amount
8 allocated to standardbred purses under item (i) is
9 allocated to standardbred organization licensees in the
10 succeeding allocation year.
11 To the extent the excess amount of taxes and fees to be
12collected and distributed to State and local governmental
13authorities exceeds $11 million, that excess amount shall be
14collected and distributed to State and local authorities as
15provided for under this Act.
16(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756,
17eff. 8-12-16.)
18 (310 ILCS 20/2 rep.)
19 (310 ILCS 20/10 rep.)
20 Section 15-135. The Housing Development and Construction
21Act is amended by repealing Sections 2 and 10.
22 Section 15-140. The Illinois Groundwater Protection Act is
23amended by changing Section 4 as follows:

SB3186 Engrossed- 140 -LRB100 18485 XWW 33701 b
1 (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
2 Sec. 4. (a) There shall be established within State
3government an interagency committee which shall be known as the
4Interagency Coordinating Committee on Groundwater. The
5Committee shall be composed of the Director, or his designee,
6of the following agencies:
7 (1) The Illinois Environmental Protection Agency, who
8 shall chair the Committee.
9 (2) The Illinois Department of Natural Resources.
10 (3) The Illinois Department of Public Health.
11 (4) The Office of Mines and Minerals within the
12 Department of Natural Resources.
13 (5) The Office of the State Fire Marshal.
14 (6) The Division of Water Resources of the Department
15 of Natural Resources.
16 (7) The Illinois Department of Agriculture.
17 (8) The Illinois Emergency Management Agency.
18 (9) The Illinois Department of Nuclear Safety.
19 (10) (Blank). The Illinois Department of Commerce and
20 Economic Opportunity.
21 (b) The Committee shall meet not less than twice each
22calendar year and shall:
23 (1) Review and coordinate the State's policy on
24 groundwater protection.
25 (2) Review and evaluate State laws, regulations and
26 procedures that relate to groundwater protection.

SB3186 Engrossed- 141 -LRB100 18485 XWW 33701 b
1 (3) Review and evaluate the status of the State's
2 efforts to improve the quality of the groundwater and of
3 the State enforcement efforts for protection of the
4 groundwater and make recommendations on improving the
5 State efforts to protect the groundwater.
6 (4) Recommend procedures for better coordination among
7 State groundwater programs and with local programs related
8 to groundwater protection.
9 (5) Review and recommend procedures to coordinate the
10 State's response to specific incidents of groundwater
11 pollution and coordinate dissemination of information
12 between agencies responsible for the State's response.
13 (6) Make recommendations for and prioritize the
14 State's groundwater research needs.
15 (7) Review, coordinate and evaluate groundwater data
16 collection and analysis.
17 (8) Beginning on January 1, 1990, report biennially to
18 the Governor and the General Assembly on groundwater
19 quality, quantity, and the State's enforcement efforts.
20 (c) The Chairman of the Committee shall propose a
21groundwater protection regulatory agenda for consideration by
22the Committee and the Council. The principal purpose of the
23agenda shall be to systematically consider the groundwater
24protection aspects of relevant federal and State regulatory
25programs and to identify any areas where improvements may be
26warranted. To the extent feasible, the agenda may also serve to

SB3186 Engrossed- 142 -LRB100 18485 XWW 33701 b
1facilitate a more uniform and coordinated approach toward
2protection of groundwaters in Illinois. Upon adoption of the
3final agenda by the Committee, the Chairman of the Committee
4shall assign a lead agency and any support agencies to prepare
5a regulatory assessment report for each item on the agenda.
6Each regulatory assessment report shall specify the nature of
7the groundwater protection provisions being implemented and
8shall evaluate the results achieved therefrom. Special
9attention shall be given to any preventive measures being
10utilized for protection of groundwaters. The reports shall be
11completed in a timely manner. After review and consideration by
12the Committee, the reports shall become the basis for
13recommending further legislative or regulatory action.
14 (d) No later than January 1, 1992, the Interagency
15Coordinating Committee on Groundwater shall provide a
16comprehensive status report to the Governor and the General
17Assembly concerning implementation of this Act.
18 (e) The Committee shall consider findings and
19recommendations that are provided by the Council, and respond
20in writing regarding such matters. The Chairman of the
21Committee shall designate a liaison person to serve as a
22facilitator of communications with the Council.
23(Source: P.A. 94-793, eff. 5-19-06.)
24 (405 ILCS 80/Art. III rep.)
25 Section 15-145. The Developmental Disability and Mental

SB3186 Engrossed- 143 -LRB100 18485 XWW 33701 b
1Disability Services Act is amended by repealing Article III.
2 Section 15-150. The Illinois Vehicle Code is amended by
3changing Section 11-416 as follows:
4 (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
5 Sec. 11-416. Furnishing copies - Fees. The Department of
6State Police may furnish copies of an Illinois State Police
7Traffic Accident Report that has been investigated by the State
8Police and shall be paid a fee of $5 for each such copy, or in
9the case of an accident which was investigated by an accident
10reconstruction officer or accident reconstruction team, a fee
11of $20 shall be paid. These fees shall be deposited into the
12State Police Services Fund.
13 Other State law enforcement agencies or law enforcement
14agencies of local authorities may furnish copies of traffic
15accident reports prepared by such agencies and may receive a
16fee not to exceed $5 for each copy or in the case of an accident
17which was investigated by an accident reconstruction officer or
18accident reconstruction team, the State or local law
19enforcement agency may receive a fee not to exceed $20.
20 Any written accident report required or requested to be
21furnished the Administrator shall be provided without cost or
22fee charges authorized under this Section or any other
23provision of law.
24(Source: P.A. 90-89, eff. 1-1-98.)

SB3186 Engrossed- 144 -LRB100 18485 XWW 33701 b
1 Section 15-155. The Unified Code of Corrections is amended
2by changing Section 5-9-1.19 as follows:
3 (730 ILCS 5/5-9-1.19)
4 Sec. 5-9-1.19. Additional streetgang fine. In addition to
5any other penalty imposed, a fine of $100 shall be imposed upon
6a person convicted of any violation of the Criminal Code of
71961 or the Criminal Code of 2012 who was, at the time of the
8commission of the violation a streetgang member, as defined in
9Section 10 of the Illinois Streetgang Terrorism Omnibus
10Prevention Act. Such additional fine shall be assessed by the
11court imposing sentence and shall be collected by the circuit
12clerk. Of this fee, $5 shall be deposited into the Circuit
13Court Clerk Operation and Administrative Fund created by the
14Clerk of the Circuit Court to be used to offset the costs
15incurred by the Circuit Court Clerk in performing the
16additional duties required to collect and disburse funds as
17provided by law. Each such additional fine shall be remitted by
18the Circuit Court Clerk within one month after receipt to the
19State Police Operations Assistance Streetgang-Related Crime
20Fund in the State treasury.
21(Source: P.A. 96-1029, eff. 7-13-10; 97-1150, eff. 1-25-13.)
22
ARTICLE 20. OFFENDER REGISTRATION FUND

SB3186 Engrossed- 145 -LRB100 18485 XWW 33701 b
1 Section 20-5. The State Finance Act is amended by changing
2Section 5.462 as follows:
3 (30 ILCS 105/5.462)
4 Sec. 5.462. The Sex Offender Registration Fund.
5(Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
6 (30 ILCS 105/5.669 rep.)
7 (30 ILCS 105/5.694 rep.)
8 Section 20-10. The State Finance Act is amended by
9repealing Sections 5.669 and 5.694.
10 Section 20-15. The Unified Code of Corrections is amended
11by changing Section 5-9-1.15 as follows:
12 (730 ILCS 5/5-9-1.15)
13 Sec. 5-9-1.15. Sex offender fines.
14 (a) There shall be added to every penalty imposed in
15sentencing for a sex offense as defined in Section 2 of the Sex
16Offender Registration Act an additional fine in the amount of
17$500 to be imposed upon a plea of guilty, stipulation of facts
18or finding of guilty resulting in a judgment of conviction or
19order of supervision.
20 (b) Such additional amount shall be assessed by the court
21imposing sentence and shall be collected by the circuit clerk
22in addition to the fine, if any, and costs in the case. Each

SB3186 Engrossed- 146 -LRB100 18485 XWW 33701 b
1such additional penalty shall be remitted by the circuit clerk
2within one month after receipt to the State Treasurer for
3deposit into the Sex Offender Registration Investigation Fund.
4The circuit clerk shall retain 10% of such penalty for deposit
5into the Circuit Court Clerk Operation and Administrative Fund
6created by the Clerk of the Circuit Court to cover the costs
7incurred in administering and enforcing this Section. Such
8additional penalty shall not be considered a part of the fine
9for purposes of any reduction in the fine for time served
10either before or after sentencing.
11 (c) Not later than March 1 of each year the clerk of the
12circuit court shall submit to the State Comptroller a report of
13the amount of funds remitted by him or her to the State
14Treasurer under this Section during the preceding calendar
15year. Except as otherwise provided by Supreme Court Rules, if a
16court in sentencing an offender levies a gross amount for fine,
17costs, fees and penalties, the amount of the additional penalty
18provided for herein shall be collected from the amount
19remaining after deducting from the gross amount levied all fees
20of the circuit clerk, the State's Attorney, and the sheriff.
21After deducting from the gross amount levied the fees and
22additional penalty provided for herein, less any other
23additional penalties provided by law, the clerk shall remit
24$100 of each $500 additional fine imposed under this Section to
25the State's Attorney of the county which prosecuted the case or
26the local law enforcement agency that investigated the case

SB3186 Engrossed- 147 -LRB100 18485 XWW 33701 b
1leading to the defendant's judgment of conviction or order of
2supervision and after such remission the net balance remaining
3to the entity authorized by law to receive the fine imposed in
4the case. For purposes of this Section "fees of the circuit
5clerk" shall include, if applicable, the fee provided for under
6Section 27.3a of the Clerks of Courts Act and the fee, if
7applicable, payable to the county in which the violation
8occurred under Section 5-1101 of the Counties Code.
9 (c-5) Notwithstanding any other provision of law, in
10addition to any other transfers that may be provided by law, on
11the effective date of this amendatory Act of the 100th General
12Assembly, or as soon thereafter as practical, the State
13Comptroller shall direct and the State Treasurer shall transfer
14the remaining balance from the Sex Offender Investigation Fund
15into the Offender Registration Fund. Upon completion of the
16transfers, the Sex Offender Investigation Fund is dissolved,
17and any future deposits due to that Fund and any outstanding
18obligations or liabilities of that Fund pass to the Offender
19Registration Fund.
20 (d) Subject to appropriation, moneys in the Sex Offender
21Registration Investigation Fund received pursuant to this
22Section shall be used by the Department of State Police to
23investigate alleged sex offenses and to make grants to local
24law enforcement agencies to investigate alleged sex offenses as
25such grants are awarded by the Director of State Police under
26rules established by the Director of State Police.

SB3186 Engrossed- 148 -LRB100 18485 XWW 33701 b
1(Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)
2 Section 20-20. The Sex Offender Registration Act is amended
3by changing Sections 3, 10, and 11 as follows:
4 (730 ILCS 150/3)
5 Sec. 3. Duty to register.
6 (a) A sex offender, as defined in Section 2 of this Act, or
7sexual predator shall, within the time period prescribed in
8subsections (b) and (c), register in person and provide
9accurate information as required by the Department of State
10Police. Such information shall include a current photograph,
11current address, current place of employment, the sex
12offender's or sexual predator's telephone number, including
13cellular telephone number, the employer's telephone number,
14school attended, all e-mail addresses, instant messaging
15identities, chat room identities, and other Internet
16communications identities that the sex offender uses or plans
17to use, all Uniform Resource Locators (URLs) registered or used
18by the sex offender, all blogs and other Internet sites
19maintained by the sex offender or to which the sex offender has
20uploaded any content or posted any messages or information,
21extensions of the time period for registering as provided in
22this Article and, if an extension was granted, the reason why
23the extension was granted and the date the sex offender was
24notified of the extension. The information shall also include a

SB3186 Engrossed- 149 -LRB100 18485 XWW 33701 b
1copy of the terms and conditions of parole or release signed by
2the sex offender and given to the sex offender by his or her
3supervising officer or aftercare specialist, the county of
4conviction, license plate numbers for every vehicle registered
5in the name of the sex offender, the age of the sex offender at
6the time of the commission of the offense, the age of the
7victim at the time of the commission of the offense, and any
8distinguishing marks located on the body of the sex offender. A
9sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1011-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
11Code of 2012 shall provide all Internet protocol (IP) addresses
12in his or her residence, registered in his or her name,
13accessible at his or her place of employment, or otherwise
14under his or her control or custody. If the sex offender is a
15child sex offender as defined in Section 11-9.3 or 11-9.4 of
16the Criminal Code of 1961 or the Criminal Code of 2012, the sex
17offender shall report to the registering agency whether he or
18she is living in a household with a child under 18 years of age
19who is not his or her own child, provided that his or her own
20child is not the victim of the sex offense. The sex offender or
21sexual predator shall register:
22 (1) with the chief of police in the municipality in
23 which he or she resides or is temporarily domiciled for a
24 period of time of 3 or more days, unless the municipality
25 is the City of Chicago, in which case he or she shall
26 register at a fixed location designated by the

SB3186 Engrossed- 150 -LRB100 18485 XWW 33701 b
1 Superintendent of the Chicago Police Department; or
2 (2) with the sheriff in the county in which he or she
3 resides or is temporarily domiciled for a period of time of
4 3 or more days in an unincorporated area or, if
5 incorporated, no police chief exists.
6 If the sex offender or sexual predator is employed at or
7attends an institution of higher education, he or she shall
8also register:
9 (i) with:
10 (A) the chief of police in the municipality in
11 which he or she is employed at or attends an
12 institution of higher education, unless the
13 municipality is the City of Chicago, in which case he
14 or she shall register at a fixed location designated by
15 the Superintendent of the Chicago Police Department;
16 or
17 (B) the sheriff in the county in which he or she is
18 employed or attends an institution of higher education
19 located in an unincorporated area, or if incorporated,
20 no police chief exists; and
21 (ii) with the public safety or security director of the
22 institution of higher education which he or she is employed
23 at or attends.
24 The registration fees shall only apply to the municipality
25or county of primary registration, and not to campus
26registration.

SB3186 Engrossed- 151 -LRB100 18485 XWW 33701 b
1 For purposes of this Article, the place of residence or
2temporary domicile is defined as any and all places where the
3sex offender resides for an aggregate period of time of 3 or
4more days during any calendar year. Any person required to
5register under this Article who lacks a fixed address or
6temporary domicile must notify, in person, the agency of
7jurisdiction of his or her last known address within 3 days
8after ceasing to have a fixed residence.
9 A sex offender or sexual predator who is temporarily absent
10from his or her current address of registration for 3 or more
11days shall notify the law enforcement agency having
12jurisdiction of his or her current registration, including the
13itinerary for travel, in the manner provided in Section 6 of
14this Act for notification to the law enforcement agency having
15jurisdiction of change of address.
16 Any person who lacks a fixed residence must report weekly,
17in person, with the sheriff's office of the county in which he
18or she is located in an unincorporated area, or with the chief
19of police in the municipality in which he or she is located.
20The agency of jurisdiction will document each weekly
21registration to include all the locations where the person has
22stayed during the past 7 days.
23 The sex offender or sexual predator shall provide accurate
24information as required by the Department of State Police. That
25information shall include the sex offender's or sexual
26predator's current place of employment.

SB3186 Engrossed- 152 -LRB100 18485 XWW 33701 b
1 (a-5) An out-of-state student or out-of-state employee
2shall, within 3 days after beginning school or employment in
3this State, register in person and provide accurate information
4as required by the Department of State Police. Such information
5will include current place of employment, school attended, and
6address in state of residence. A sex offender convicted under
7Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
8Criminal Code of 1961 or the Criminal Code of 2012 shall
9provide all Internet protocol (IP) addresses in his or her
10residence, registered in his or her name, accessible at his or
11her place of employment, or otherwise under his or her control
12or custody. The out-of-state student or out-of-state employee
13shall register:
14 (1) with:
15 (A) the chief of police in the municipality in
16 which he or she attends school or is employed for a
17 period of time of 5 or more days or for an aggregate
18 period of time of more than 30 days during any calendar
19 year, unless the municipality is the City of Chicago,
20 in which case he or she shall register at a fixed
21 location designated by the Superintendent of the
22 Chicago Police Department; or
23 (B) the sheriff in the county in which he or she
24 attends school or is employed for a period of time of 5
25 or more days or for an aggregate period of time of more
26 than 30 days during any calendar year in an

SB3186 Engrossed- 153 -LRB100 18485 XWW 33701 b
1 unincorporated area or, if incorporated, no police
2 chief exists; and
3 (2) with the public safety or security director of the
4 institution of higher education he or she is employed at or
5 attends for a period of time of 5 or more days or for an
6 aggregate period of time of more than 30 days during a
7 calendar year.
8 The registration fees shall only apply to the municipality
9or county of primary registration, and not to campus
10registration.
11 The out-of-state student or out-of-state employee shall
12provide accurate information as required by the Department of
13State Police. That information shall include the out-of-state
14student's current place of school attendance or the
15out-of-state employee's current place of employment.
16 (a-10) Any law enforcement agency registering sex
17offenders or sexual predators in accordance with subsections
18(a) or (a-5) of this Section shall forward to the Attorney
19General a copy of sex offender registration forms from persons
20convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2111-21 of the Criminal Code of 1961 or the Criminal Code of
222012, including periodic and annual registrations under
23Section 6 of this Act.
24 (b) Any sex offender, as defined in Section 2 of this Act,
25or sexual predator, regardless of any initial, prior, or other
26registration, shall, within 3 days of beginning school, or

SB3186 Engrossed- 154 -LRB100 18485 XWW 33701 b
1establishing a residence, place of employment, or temporary
2domicile in any county, register in person as set forth in
3subsection (a) or (a-5).
4 (c) The registration for any person required to register
5under this Article shall be as follows:
6 (1) Any person registered under the Habitual Child Sex
7 Offender Registration Act or the Child Sex Offender
8 Registration Act prior to January 1, 1996, shall be deemed
9 initially registered as of January 1, 1996; however, this
10 shall not be construed to extend the duration of
11 registration set forth in Section 7.
12 (2) Except as provided in subsection (c)(2.1) or
13 (c)(4), any person convicted or adjudicated prior to
14 January 1, 1996, whose liability for registration under
15 Section 7 has not expired, shall register in person prior
16 to January 31, 1996.
17 (2.1) A sex offender or sexual predator, who has never
18 previously been required to register under this Act, has a
19 duty to register if the person has been convicted of any
20 felony offense after July 1, 2011. A person who previously
21 was required to register under this Act for a period of 10
22 years and successfully completed that registration period
23 has a duty to register if: (i) the person has been
24 convicted of any felony offense after July 1, 2011, and
25 (ii) the offense for which the 10 year registration was
26 served currently requires a registration period of more

SB3186 Engrossed- 155 -LRB100 18485 XWW 33701 b
1 than 10 years. Notification of an offender's duty to
2 register under this subsection shall be pursuant to Section
3 5-7 of this Act.
4 (2.5) Except as provided in subsection (c)(4), any
5 person who has not been notified of his or her
6 responsibility to register shall be notified by a criminal
7 justice entity of his or her responsibility to register.
8 Upon notification the person must then register within 3
9 days of notification of his or her requirement to register.
10 Except as provided in subsection (c)(2.1), if notification
11 is not made within the offender's 10 year registration
12 requirement, and the Department of State Police determines
13 no evidence exists or indicates the offender attempted to
14 avoid registration, the offender will no longer be required
15 to register under this Act.
16 (3) Except as provided in subsection (c)(4), any person
17 convicted on or after January 1, 1996, shall register in
18 person within 3 days after the entry of the sentencing
19 order based upon his or her conviction.
20 (4) Any person unable to comply with the registration
21 requirements of this Article because he or she is confined,
22 institutionalized, or imprisoned in Illinois on or after
23 January 1, 1996, shall register in person within 3 days of
24 discharge, parole or release.
25 (5) The person shall provide positive identification
26 and documentation that substantiates proof of residence at

SB3186 Engrossed- 156 -LRB100 18485 XWW 33701 b
1 the registering address.
2 (6) The person shall pay a $100 initial registration
3 fee and a $100 annual renewal fee to the registering law
4 enforcement agency having jurisdiction. The registering
5 agency may waive the registration fee if it determines that
6 the person is indigent and unable to pay the registration
7 fee. Thirty-five dollars for the initial registration fee
8 and $35 of the annual renewal fee shall be retained and
9 used by the registering agency for official purposes.
10 Having retained $35 of the initial registration fee and $35
11 of the annual renewal fee, the registering agency shall
12 remit the remainder of the fee to State agencies within 30
13 days of receipt for deposit into the State funds as
14 follows:
15 (A) Five dollars of the initial registration fee
16 and $5 of the annual fee shall be remitted to the State
17 Treasurer who shall deposit the moneys into the Sex
18 Offender Management Board Fund under Section 19 of the
19 Sex Offender Management Board Act. Money deposited
20 into the Sex Offender Management Board Fund shall be
21 administered by the Sex Offender Management Board and
22 shall be used by the Board to comply with the
23 provisions of the Sex Offender Management Board Act.
24 (B) Thirty dollars of the initial registration fee
25 and $30 of the annual renewal fee shall be remitted to
26 the Department of State Police which shall deposit the

SB3186 Engrossed- 157 -LRB100 18485 XWW 33701 b
1 moneys into the Sex Offender Registration Fund and
2 shall be used by the Department of State Police to
3 maintain and update the Illinois State Police Sex
4 Offender Registry.
5 (C) Thirty dollars of the initial registration fee
6 and $30 of the annual renewal fee shall be remitted to
7 the Attorney General who shall deposit the moneys into
8 the Attorney General Sex Offender Awareness, Training,
9 and Education Fund. Moneys deposited into the Fund
10 shall be used by the Attorney General to administer the
11 I-SORT program and to alert and educate the public,
12 victims, and witnesses of their rights under various
13 victim notification laws and for training law
14 enforcement agencies, State's Attorneys, and medical
15 providers of their legal duties concerning the
16 prosecution and investigation of sex offenses.
17 The registering agency shall establish procedures to
18 document the receipt and remittance of the $100 initial
19 registration fee and $100 annual renewal fee.
20 (d) Within 3 days after obtaining or changing employment
21and, if employed on January 1, 2000, within 5 days after that
22date, a person required to register under this Section must
23report, in person to the law enforcement agency having
24jurisdiction, the business name and address where he or she is
25employed. If the person has multiple businesses or work
26locations, every business and work location must be reported to

SB3186 Engrossed- 158 -LRB100 18485 XWW 33701 b
1the law enforcement agency having jurisdiction.
2(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
399-755, eff. 8-5-16.)
4 (730 ILCS 150/10) (from Ch. 38, par. 230)
5 Sec. 10. Penalty.
6 (a) Any person who is required to register under this
7Article who violates any of the provisions of this Article and
8any person who is required to register under this Article who
9seeks to change his or her name under Article XXI of the Code
10of Civil Procedure is guilty of a Class 3 felony. Any person
11who is convicted for a violation of this Act for a second or
12subsequent time is guilty of a Class 2 felony. Any person who
13is required to register under this Article who knowingly or
14willfully wilfully gives material information required by this
15Article that is false is guilty of a Class 3 felony. Any person
16convicted of a violation of any provision of this Article
17shall, in addition to any other penalty required by law, be
18required to serve a minimum period of 7 days confinement in the
19local county jail. The court shall impose a mandatory minimum
20fine of $500 for failure to comply with any provision of this
21Article. These fines shall be deposited in the Sex Offender
22Registration Fund. Any sex offender, as defined in Section 2 of
23this Act, or sexual predator who violates any provision of this
24Article may be arrested and tried in any Illinois county where
25the sex offender can be located. The local police department or

SB3186 Engrossed- 159 -LRB100 18485 XWW 33701 b
1sheriff's office is not required to determine whether the
2person is living within its jurisdiction.
3 (b) Any person, not covered by privilege under Part 8 of
4Article VIII of the Code of Civil Procedure or the Illinois
5Supreme Court's Rules of Professional Conduct, who has reason
6to believe that a sexual predator is not complying, or has not
7complied, with the requirements of this Article and who, with
8the intent to assist the sexual predator in eluding a law
9enforcement agency that is seeking to find the sexual predator
10to question the sexual predator about, or to arrest the sexual
11predator for, his or her noncompliance with the requirements of
12this Article is guilty of a Class 3 felony if he or she:
13 (1) provides false information to the law enforcement
14 agency having jurisdiction about the sexual predator's
15 noncompliance with the requirements of this Article, and,
16 if known, the whereabouts of the sexual predator;
17 (2) harbors, or attempts to harbor, or assists another
18 person in harboring or attempting to harbor, the sexual
19 predator; or
20 (3) conceals or attempts to conceal, or assists another
21 person in concealing or attempting to conceal, the sexual
22 predator.
23 (c) Subsection (b) does not apply if the sexual predator is
24incarcerated in or is in the custody of a State correctional
25facility, a private correctional facility, a county or
26municipal jail, a State mental health facility or a State

SB3186 Engrossed- 160 -LRB100 18485 XWW 33701 b
1treatment and detention facility, or a federal correctional
2facility.
3 (d) Subsections (a) and (b) do not apply if the sex
4offender accurately registered his or her Internet protocol
5address under this Act, and the address subsequently changed
6without his or her knowledge or intent.
7(Source: P.A. 99-78, eff. 7-20-15.)
8 (730 ILCS 150/11)
9 Sec. 11. Offender Registration Fund Sex offender
10registration fund. There is created the Offender Registration
11Fund (formerly known as the Sex Offender Registration Fund).
12Moneys in the Fund shall be used to cover costs incurred by the
13criminal justice system to administer this Article and the
14Murderer and Violent Offender Against Youth Registration Act,
15and for purposes as authorized under Section 5-9-1.15 of the
16Unified Code of Corrections. The Department of State Police
17shall establish and promulgate rules and procedures regarding
18the administration of this Fund. Fifty percent of the moneys in
19the Fund received pursuant to this Article or the Murderer and
20Violent Offender Against Youth Registration Act shall be
21allocated by the Department for sheriffs' offices and police
22departments. The remaining moneys in the Fund received pursuant
23to this Article shall be allocated to the Illinois State Police
24Sex Offender Registration Unit for education and
25administration of the Act.

SB3186 Engrossed- 161 -LRB100 18485 XWW 33701 b
1(Source: P.A. 93-979, eff. 8-20-04.)
2 Section 20-25. The Murderer and Violent Offender Against
3Youth Registration Act is amended by changing Sections 10, 60,
4and 65 as follows:
5 (730 ILCS 154/10)
6 Sec. 10. Duty to register.
7 (a) A violent offender against youth shall, within the time
8period prescribed in subsections (b) and (c), register in
9person and provide accurate information as required by the
10Department of State Police. Such information shall include a
11current photograph, current address, current place of
12employment, the employer's telephone number, school attended,
13extensions of the time period for registering as provided in
14this Act and, if an extension was granted, the reason why the
15extension was granted and the date the violent offender against
16youth was notified of the extension. A person who has been
17adjudicated a juvenile delinquent for an act which, if
18committed by an adult, would be a violent offense against youth
19shall register as an adult violent offender against youth
20within 10 days after attaining 17 years of age. The violent
21offender against youth shall register:
22 (1) with the chief of police in the municipality in
23 which he or she resides or is temporarily domiciled for a
24 period of time of 5 or more days, unless the municipality

SB3186 Engrossed- 162 -LRB100 18485 XWW 33701 b
1 is the City of Chicago, in which case he or she shall
2 register at a fixed location designated by the
3 Superintendent of the Chicago Police Department; or
4 (2) with the sheriff in the county in which he or she
5 resides or is temporarily domiciled for a period of time of
6 5 or more days in an unincorporated area or, if
7 incorporated, no police chief exists.
8 If the violent offender against youth is employed at or
9attends an institution of higher education, he or she shall
10register:
11 (i) with the chief of police in the municipality in
12 which he or she is employed at or attends an institution of
13 higher education, unless the municipality is the City of
14 Chicago, in which case he or she shall register at a fixed
15 location designated by the Superintendent of the Chicago
16 Police Department; or
17 (ii) with the sheriff in the county in which he or she
18 is employed or attends an institution of higher education
19 located in an unincorporated area, or if incorporated, no
20 police chief exists.
21 For purposes of this Act, the place of residence or
22temporary domicile is defined as any and all places where the
23violent offender against youth resides for an aggregate period
24of time of 5 or more days during any calendar year. Any person
25required to register under this Act who lacks a fixed address
26or temporary domicile must notify, in person, the agency of

SB3186 Engrossed- 163 -LRB100 18485 XWW 33701 b
1jurisdiction of his or her last known address within 5 days
2after ceasing to have a fixed residence.
3 Any person who lacks a fixed residence must report weekly,
4in person, with the sheriff's office of the county in which he
5or she is located in an unincorporated area, or with the chief
6of police in the municipality in which he or she is located.
7The agency of jurisdiction will document each weekly
8registration to include all the locations where the person has
9stayed during the past 7 days.
10 The violent offender against youth shall provide accurate
11information as required by the Department of State Police. That
12information shall include the current place of employment of
13the violent offender against youth.
14 (a-5) An out-of-state student or out-of-state employee
15shall, within 5 days after beginning school or employment in
16this State, register in person and provide accurate information
17as required by the Department of State Police. Such information
18will include current place of employment, school attended, and
19address in state of residence. The out-of-state student or
20out-of-state employee shall register:
21 (1) with the chief of police in the municipality in
22 which he or she attends school or is employed for a period
23 of time of 5 or more days or for an aggregate period of
24 time of more than 30 days during any calendar year, unless
25 the municipality is the City of Chicago, in which case he
26 or she shall register at a fixed location designated by the

SB3186 Engrossed- 164 -LRB100 18485 XWW 33701 b
1 Superintendent of the Chicago Police Department; or
2 (2) with the sheriff in the county in which he or she
3 attends school or is employed for a period of time of 5 or
4 more days or for an aggregate period of time of more than
5 30 days during any calendar year in an unincorporated area
6 or, if incorporated, no police chief exists.
7 The out-of-state student or out-of-state employee shall
8provide accurate information as required by the Department of
9State Police. That information shall include the out-of-state
10student's current place of school attendance or the
11out-of-state employee's current place of employment.
12 (b) Any violent offender against youth regardless of any
13initial, prior, or other registration, shall, within 5 days of
14beginning school, or establishing a residence, place of
15employment, or temporary domicile in any county, register in
16person as set forth in subsection (a) or (a-5).
17 (c) The registration for any person required to register
18under this Act shall be as follows:
19 (1) Except as provided in paragraph (3) of this
20 subsection (c), any person who has not been notified of his
21 or her responsibility to register shall be notified by a
22 criminal justice entity of his or her responsibility to
23 register. Upon notification the person must then register
24 within 5 days of notification of his or her requirement to
25 register. If notification is not made within the offender's
26 10 year registration requirement, and the Department of

SB3186 Engrossed- 165 -LRB100 18485 XWW 33701 b
1 State Police determines no evidence exists or indicates the
2 offender attempted to avoid registration, the offender
3 will no longer be required to register under this Act.
4 (2) Except as provided in paragraph (3) of this
5 subsection (c), any person convicted on or after the
6 effective date of this Act shall register in person within
7 5 days after the entry of the sentencing order based upon
8 his or her conviction.
9 (3) Any person unable to comply with the registration
10 requirements of this Act because he or she is confined,
11 institutionalized, or imprisoned in Illinois on or after
12 the effective date of this Act shall register in person
13 within 5 days of discharge, parole or release.
14 (4) The person shall provide positive identification
15 and documentation that substantiates proof of residence at
16 the registering address.
17 (5) The person shall pay a $20 initial registration fee
18 and a $10 annual renewal fee. The fees shall be deposited
19 into the Murderer and Violent Offender Against Youth
20 Registration Fund. The fees shall be used by the
21 registering agency for official purposes. The agency shall
22 establish procedures to document receipt and use of the
23 funds. The law enforcement agency having jurisdiction may
24 waive the registration fee if it determines that the person
25 is indigent and unable to pay the registration fee.
26 (d) Within 5 days after obtaining or changing employment, a

SB3186 Engrossed- 166 -LRB100 18485 XWW 33701 b
1person required to register under this Section must report, in
2person to the law enforcement agency having jurisdiction, the
3business name and address where he or she is employed. If the
4person has multiple businesses or work locations, every
5business and work location must be reported to the law
6enforcement agency having jurisdiction.
7(Source: P.A. 99-755, eff. 8-5-16.)
8 (730 ILCS 154/60)
9 Sec. 60. Penalty. Any person who is required to register
10under this Act who violates any of the provisions of this Act
11and any person who is required to register under this Act who
12seeks to change his or her name under Article XXI of the Code
13of Civil Procedure is guilty of a Class 3 felony. Any person
14who is convicted for a violation of this Act for a second or
15subsequent time is guilty of a Class 2 felony. Any person who
16is required to register under this Act who knowingly or
17willfully wilfully gives material information required by this
18Act that is false is guilty of a Class 3 felony. Any person
19convicted of a violation of any provision of this Act shall, in
20addition to any other penalty required by law, be required to
21serve a minimum period of 7 days confinement in the local
22county jail. The court shall impose a mandatory minimum fine of
23$500 for failure to comply with any provision of this Act.
24These fines shall be deposited into the Murderer and Violent
25Offender Against Youth Registration Fund. Any violent offender

SB3186 Engrossed- 167 -LRB100 18485 XWW 33701 b
1against youth who violates any provision of this Act may be
2arrested and tried in any Illinois county where the violent
3offender against youth can be located. The local police
4department or sheriff's office is not required to determine
5whether the person is living within its jurisdiction.
6(Source: P.A. 99-78, eff. 7-20-15.)
7 (730 ILCS 154/65)
8 Sec. 65. Murderer and Violent Offender Against Youth
9Registration Fund. There is created the Murderer and Violent
10Offender Against Youth Registration Fund. Moneys in the Fund
11shall be used to cover costs incurred by the criminal justice
12system to administer this Act. The Department of State Police
13shall establish and promulgate rules and procedures regarding
14the administration of this Fund. Fifty percent of the moneys in
15the Fund shall be allocated by the Department for sheriffs'
16offices and police departments. The remaining moneys in the
17Fund shall be allocated to the Illinois State Police for
18education and administration of the Act. Notwithstanding any
19other provision of law, in addition to any other transfers that
20may be provided by law, on the effective date of this
21amendatory Act of the 100th General Assembly, or as soon
22thereafter as practical before the repeal of this Section, the
23State Comptroller shall direct and the State Treasurer shall
24transfer the remaining balance from the Murderer and Violent
25Offender Against Youth Registration Fund into the Offender

SB3186 Engrossed- 168 -LRB100 18485 XWW 33701 b
1Registration Fund. Upon completion of the transfers, the
2Murderer and Violent Offender Against Youth Registration Fund
3is dissolved, and any future deposits due to that Fund and any
4outstanding obligations or liabilities of that Fund pass to the
5Offender Registration Fund. This Section is repealed on July 1,
62019.
7(Source: P.A. 97-154, eff. 1-1-12.)
8
ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE
9 Section 99-90. The State Mandates Act is amended by adding
10Section 8.42 as follows:
11 (30 ILCS 805/8.42 new)
12 Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
13of this Act, no reimbursement by the State is required for the
14implementation of any mandate created by this amendatory Act of
15the 100th General Assembly.
16 Section 99-96. No revival or extension. This Act does not
17revive or extend any Section or Act otherwise repealed.
18 Section 99-97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20 Section 99-99. Effective date. This Act takes effect upon
21becoming law.

SB3186 Engrossed- 169 -LRB100 18485 XWW 33701 b
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 210/6from Ch. 127, par. 1706
4 20 ILCS 720/35 rep.
5 20 ILCS 1305/10-6 rep.
6 20 ILCS 2310/2310-352 rep.
7 20 ILCS 2310/2310-358 rep.
8 20 ILCS 2310/2310-399 rep.
9 20 ILCS 2310/2310-403 rep.
10 25 ILCS 130/4-9 rep.
11 30 ILCS 105/5.95 rep.
12 30 ILCS 105/5.172 rep.
13 30 ILCS 105/5.460 rep.
14 30 ILCS 105/5.599 rep.
15 30 ILCS 105/5.639 rep.
16 30 ILCS 105/5.647 rep.
17 30 ILCS 105/5.748 rep.
18 30 ILCS 105/5.807 rep.
19 30 ILCS 105/6a-5 rep.
20 30 ILCS 177/Act rep.
21 35 ILCS 5/507AA rep.
22 35 ILCS 5/507BB rep.
23 35 ILCS 5/507HH rep.
24 35 ILCS 5/507II rep.
25 35 ILCS 5/507TT rep.

SB3186 Engrossed- 170 -LRB100 18485 XWW 33701 b
1 55 ILCS 5/5-1006.5
2 55 ILCS 5/5-1035.1from Ch. 34, par. 5-1035.1
3 10 ILCS 5/4-8from Ch. 46, par. 4-8
4 10 ILCS 5/4-25from Ch. 46, par. 4-25
5 10 ILCS 5/5-7from Ch. 46, par. 5-7
6 10 ILCS 5/5-35from Ch. 46, par. 5-35
7 10 ILCS 5/6-35from Ch. 46, par. 6-35
8 10 ILCS 5/6-71from Ch. 46, par. 6-71
9 20 ILCS 105/4.02from Ch. 23, par. 6104.02
10 20 ILCS 605/605-855 rep.
11 20 ILCS 627/Act rep.
12 20 ILCS 630/3from Ch. 48, par. 2403
13 20 ILCS 3020/805
14 30 ILCS 375/Act rep.
15 70 ILCS 210/22.1 rep.
16 310 ILCS 20/3b rep.
17 310 ILCS 30/2 rep.
18 315 ILCS 5/Act rep.
19 315 ILCS 25/Act rep.
20 315 ILCS 30/Act rep.
21 325 ILCS 25/Act rep.
22 415 ILCS 5/17.6 rep.
23 415 ILCS 110/Act rep.
24 20 ILCS 5/5-565was 20 ILCS 5/6.06
25 20 ILCS 105/4.06
26 20 ILCS 605/605-325 rep.

SB3186 Engrossed- 171 -LRB100 18485 XWW 33701 b
1 20 ILCS 605/605-337 rep.
2 20 ILCS 605/605-360 rep.
3 20 ILCS 605/605-605 rep.
4 20 ILCS 605/605-685 rep.
5 20 ILCS 605/605-950was 20 ILCS 605/46.38a
6 20 ILCS 695/Act rep.
7 20 ILCS 860/2from Ch. 105, par. 532
8 20 ILCS 860/2afrom Ch. 105, par. 532a
9 20 ILCS 1305/10-32 rep.
10 20 ILCS 1510/65 rep.
11 20 ILCS 2505/2505-550 rep.
12 20 ILCS 2605/2605-580 rep.
13 20 ILCS 3930/7.6 rep.
14 30 ILCS 105/5k
15 30 ILCS 105/8p
16 30 ILCS 105/8p-5 new
17 30 ILCS 105/5.783 rep.
18 30 ILCS 720/Act rep.
19 35 ILCS 120/1k rep.
20 35 ILCS 120/1o rep.
21 45 ILCS 175/5
22 50 ILCS 805/8 rep.
23 70 ILCS 504/27
24 105 ILCS 410/Act rep.
25 110 ILCS 805/2-20 rep.
26 110 ILCS 805/2-25 rep.

SB3186 Engrossed- 172 -LRB100 18485 XWW 33701 b
1 110 ILCS 947/65.80 rep.
2 225 ILCS 454/1-10
3 225 ILCS 454/5-50
4 225 ILCS 454/25-15 rep.
5 225 ILCS 458/1-10
6 225 ILCS 458/5-25
7 225 ILCS 458/15-15
8 225 ILCS 458/25-10
9 225 ILCS 458/25-15 rep.
10 230 ILCS 5/27from Ch. 8, par. 37-27
11 310 ILCS 20/2 rep.
12 310 ILCS 20/10 rep.
13 415 ILCS 55/4from Ch. 111 1/2, par. 7454
14 405 ILCS 80/Art. III rep.
15 625 ILCS 5/11-416from Ch. 95 1/2, par. 11-416
16 730 ILCS 5/5-9-1.19
17 820 ILCS 130/9from Ch. 48, par. 39s-9
18 30 ILCS 105/5.462
19 30 ILCS 105/5.669 rep.
20 30 ILCS 105/5.694 rep.
21 730 ILCS 5/5-9-1.15
22 730 ILCS 150/3
23 730 ILCS 150/10from Ch. 38, par. 230
24 730 ILCS 150/11
25 730 ILCS 154/10
26 730 ILCS 154/60

SB3186 Engrossed- 173 -LRB100 18485 XWW 33701 b