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1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 5. AMENDATORY PROVISIONS
5		Section 5-5. The State Fair Act is amended by changing
6		Section 6 as follows:
7		(20 ILCS 210/6) (from Ch. 127, par. 1706)
8		Sec. 6. Policies, procedures, and powers concerning the
9		operation of fairs.
10		(a) Policies. The Department shall, pursuant to the
11		Illinois 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
20		available, for all contestants and other interested persons,
21		sufficient copies of a premium book or other publication that
22		establishes the kinds and classes of events or exhibits for

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

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

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1		(g) Government functions. The Governor, Lieutenant
2		Governor, Attorney General, Secretary of State, Treasurer,
3		Comptroller, President and Minority Leader of the Senate, and
4		Minority Leader of the House of Representatives shall be
5		afforded space for official governmental functions, without
6		charge, 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
10		repealing Section 35.
11		(20 ILCS 1305/10-6 rep.)
12		Section 5-15. The Department of Human Services Act is
13		amended 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
19		Duties Law of the Civil Administrative Code of Illinois is
20		amended by repealing Sections 2310-352, 2310-358, 2310-399,
21		and 2310-403.
22		(25 ILCS 130/4-9 rep.)

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1		Section 5-25. The Legislative Commission Reorganization
2		Act 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
13		Sections 5.95, 5.172, 5.460, 5.599, 5.639, 5.647, 5.748, 5.807,
14		and 6a-5.
15		(30 ILCS 177/Act rep.)
16		Section 5-35. The Transportation Development Partnership
17		Act 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

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

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1		approval of the ordinance or resolution imposing the tax. If
2		the tax is imposed for transportation purposes for expenditures
3		for passenger rail transportation, the county board must
4		publish notice of the existence of its long-range passenger
5		rail transportation plan and must make the plan publicly
6		available prior to approval of the ordinance or resolution
7		imposing the tax.
8		If a tax is imposed for public facilities purposes, then
9		the name of the project may be included in the proposition at
10		the discretion of the county board as determined in the
11		enabling resolution. For example, the "XXX Nursing Home" or the
12		"YYY Museum".
13		The county clerk shall certify the question to the proper
14		election authority, who shall submit the proposition at an
15		election 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

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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

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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)?"

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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

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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,

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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
4		vote in favor of it, the county may impose the tax. A county
5		may not submit more than one proposition authorized by this
6		Section to the electors at any one time.
7		This additional tax may not be imposed on the sales of food
8		for human consumption that is to be consumed off the premises
9		where it is sold (other than alcoholic beverages, soft drinks,
10		and food which has been prepared for immediate consumption) and
11		prescription and non-prescription medicines, drugs, medical
12		appliances and insulin, urine testing materials, syringes, and
13		needles used by diabetics. The tax imposed by a county under
14		this Section and all civil penalties that may be assessed as an
15		incident of the tax shall be collected and enforced by the
16		Illinois Department of Revenue and deposited into a special
17		fund created for that purpose. The certificate of registration
18		that is issued by the Department to a retailer under the
19		Retailers' Occupation Tax Act shall permit the retailer to
20		engage in a business that is taxable without registering
21		separately with the Department under an ordinance or resolution
22		under this Section. The Department has full power to administer
23		and enforce this Section, to collect all taxes and penalties
24		due under this Section, to dispose of taxes and penalties so
25		collected in the manner provided in this Section, and to
26		determine all rights to credit memoranda arising on account of

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

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

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

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

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

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

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

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

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

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

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

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

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1		the first day of the second calendar month next following the
2		month in which the ordinance or resolution is adopted and a
3		certified copy thereof is filed with the Department of Revenue,
4		whereupon the Department of Revenue shall proceed to administer
5		and enforce this Section on behalf of the county as of the
6		effective date of the ordinance or resolution. Upon a change in
7		rate of a tax levied hereunder, or upon the discontinuance of
8		the tax, the county board of the county shall, on or not later
9		than 5 days after the effective date of the ordinance or
10		resolution discontinuing the tax or effecting a change in rate,
11		transmit to the Department of Revenue a certified copy of the
12		ordinance or resolution effecting the change or
13		discontinuance.
14		This Section shall be known and may be cited as the County
15		Motor 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
19		Sections 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
22		number of blank forms for the registration of electors, which
23		shall be known as registration record cards and which shall

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

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1		card.
2		Term of residence in the State of Illinois and precinct.
3		This information shall be furnished by the applicant stating
4		the place or places where he resided and the dates during which
5		he resided in such place or places during the year next
6		preceding the date of the next ensuing election.
7		Nativity. The state or country in which the applicant was
8		born.
9		Citizenship. Whether the applicant is native born or
10		naturalized. If naturalized, the court, place, and date of
11		naturalization.
12		Date of application for registration, i.e., the day, month
13		and 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
16		of registration, which would require assistance in voting.
17		The county and state in which the applicant was last
18		registered.
19		Electronic mail address, if any.
20		Signature of voter. The applicant, after the registration
21		and in the presence of a deputy registrar or other officer of
22		registration shall be required to sign his or her name in ink
23		or digitized form to the affidavit on both the original and
24		duplicate 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

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1		his mark to the affidavit. In such case the officer empowered
2		to give the registration oath shall write a detailed
3		description of the applicant in the space provided on the back
4		or at the bottom of the card or sheet; and shall ask the
5		following 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
11		substantially the following form:
12		AFFIDAVIT OF REGISTRATION
13		STATE OF ILLINOIS
14		COUNTY OF .......
15		I hereby swear (or affirm) that I am a citizen of the
16		United States; that on the date of the next election I shall
17		have resided in the State of Illinois and in the election
18		precinct in which I reside 30 days and that I intend that this
19		location shall be my residence; that I am fully qualified to
20		vote, 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		..................................
25		Signature of registration officer.
26		(To be signed in presence of registrant.)

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1		Space shall be provided upon the face of each registration
2		record card for the notation of the voting record of the person
3		registered thereon.
4		Each registration record card shall be numbered according
5		to precincts, and may be serially or otherwise marked for
6		identification in such manner as the county clerk may
7		determine.
8		The registration cards shall be deemed public records and
9		shall be open to inspection during regular business hours,
10		except during the 27 days immediately preceding any election.
11		On written request of any candidate or objector or any person
12		intending to object to a petition, the election authority shall
13		extend its hours for inspection of registration cards and other
14		records of the election authority during the period beginning
15		with the filing of petitions under Sections 7-10, 8-8, 10-6 or
16		28-3 and continuing through the termination of electoral board
17		hearings on any objections to petitions containing signatures
18		of registered voters in the jurisdiction of the election
19		authority. The extension shall be for a period of hours
20		sufficient to allow adequate opportunity for examination of the
21		records but the election authority is not required to extend
22		its hours beyond the period beginning at its normal opening for
23		business and ending at midnight. If the business hours are so
24		extended, the election authority shall post a public notice of
25		such extended hours. Registration record cards may also be

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

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

SB3186 Engrossed - 32 - LRB100 18485 XWW 33701 b
1		duplicate, transmit, or alter the list. Copies of the tapes,
2		discs, or other electronic data shall be furnished by the
3		county clerk to local political committees and governmental
4		entities at their request and at a reasonable cost. Reasonable
5		cost of the tapes, discs, et cetera for this purpose would be
6		the cost of duplication plus 15% for administration. The
7		individual representing a political committee requesting
8		copies of such tapes shall make a sworn affidavit that the
9		information shall be used only for bona fide political
10		purposes, including by or for candidates for office or
11		incumbent office holders. Such tapes, discs or other electronic
12		data shall not be used under any circumstances by any political
13		committee or individuals for purposes of commercial
14		solicitation or other business purposes. If such tapes contain
15		information on county residents related to the operations of
16		county government in addition to registration information,
17		that information shall not be used under any circumstances for
18		commercial solicitation or other business purposes. The
19		prohibition in this Section against using the computer tapes or
20		computer discs or other electronic data processing information
21		containing voter registration information for purposes of
22		commercial solicitation or other business purposes shall be
23		prospective only from the effective date of this amended Act of
24		1979. Any person who violates this provision shall be guilty of
25		a Class 4 felony.
26		The State Board of Elections shall promulgate, by October

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1		1, 1987, such regulations as may be necessary to ensure
2		uniformity throughout the State in electronic data processing
3		of voter registration information. The regulations shall
4		include, but need not be limited to, specifications for uniform
5		medium, communications protocol and file structure to be
6		employed by the election authorities of this State in the
7		electronic data processing of voter registration information.
8		Each election authority utilizing electronic data processing
9		of voter registration information shall comply with such
10		regulations on and after May 15, 1988.
11		If the applicant for registration was last registered in
12		another county within this State, he shall also sign a
13		certificate authorizing cancellation of the former
14		registration. The certificate shall be in substantially the
15		following form:
16		To the County Clerk of.... County, Illinois. (or)
17		To 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 ............................
20		Having moved out of your (county) (city), I hereby authorize
21		you to cancel said registration in your office.
22		Dated at ...., Illinois, on (insert date).
23		.................................
24		(Signature of Voter)
25		Attest: ................, County Clerk, .............
26		County, Illinois.

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

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

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

SB3186 Engrossed - 37 - LRB100 18485 XWW 33701 b
1		description of the applicant in the space provided at the
2		bottom of the card or sheet; and shall ask the following
3		questions 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
9		substantially the following form:
10		AFFIDAVIT OF REGISTRATION
11		State of Illinois)
12		)ss
13		County of )
14		I hereby swear (or affirm) that I am a citizen of the
15		United States; that on the date of the next election I shall
16		have resided in the State of Illinois and in the election
17		precinct in which I reside 30 days; that I am fully qualified
18		to vote. That I intend that this location shall be my residence
19		and 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
2		record card for the notation of the voting record of the person
3		registered thereon.
4		Each registration record card shall be numbered according
5		to towns and precincts, wards, cities and villages, as the case
6		may be, and may be serially or otherwise marked for
7		identification in such manner as the county clerk may
8		determine.
9		The registration cards shall be deemed public records and
10		shall be open to inspection during regular business hours,
11		except during the 27 days immediately preceding any election.
12		On written request of any candidate or objector or any person
13		intending to object to a petition, the election authority shall
14		extend its hours for inspection of registration cards and other
15		records of the election authority during the period beginning
16		with the filing of petitions under Sections 7-10, 8-8, 10-6 or
17		28-3 and continuing through the termination of electoral board
18		hearings on any objections to petitions containing signatures
19		of registered voters in the jurisdiction of the election
20		authority. The extension shall be for a period of hours
21		sufficient to allow adequate opportunity for examination of the
22		records but the election authority is not required to extend
23		its hours beyond the period beginning at its normal opening for
24		business and ending at midnight. If the business hours are so
25		extended, the election authority shall post a public notice of
26		such extended hours. Registration record cards may also be

SB3186 Engrossed - 39 - LRB100 18485 XWW 33701 b
1		inspected, upon approval of the officer in charge of the cards,
2		during the 27 days immediately preceding any election.
3		Registration record cards shall also be open to inspection by
4		certified judges and poll watchers and challengers at the
5		polling place on election day, but only to the extent necessary
6		to determine the question of the right of a person to vote or
7		to serve as a judge of election. At no time shall poll watchers
8		or challengers be allowed to physically handle the registration
9		record cards.
10		Updated copies of computer tapes or computer discs or other
11		electronic data processing information containing voter
12		registration information shall be furnished by the county clerk
13		within 10 days after December 15 and May 15 each year and
14		within 10 days after each registration period is closed to the
15		State Board of Elections in a form prescribed by the Board. For
16		the purposes of this Section, a registration period is closed
17		27 days before the date of any regular or special election.
18		Registration information shall include, but not be limited to,
19		the following information: name, sex, residence, telephone
20		number, if any, age, party affiliation, if applicable,
21		precinct, ward, township, county, and representative,
22		legislative and congressional districts. In the event of
23		noncompliance, the State Board of Elections is directed to
24		obtain compliance forthwith with this nondiscretionary duty of
25		the election authority by instituting legal proceedings in the
26		circuit court of the county in which the election authority

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

SB3186 Engrossed - 41 - LRB100 18485 XWW 33701 b
1		duplicate, transmit, or alter the list. Copies of the tapes,
2		discs or other electronic data shall be furnished by the county
3		clerk to local political committees and governmental entities
4		at their request and at a reasonable cost. Reasonable cost of
5		the tapes, discs, et cetera for this purpose would be the cost
6		of duplication plus 15% for administration. The individual
7		representing a political committee requesting copies of such
8		tapes shall make a sworn affidavit that the information shall
9		be used only for bona fide political purposes, including by or
10		for candidates for office or incumbent office holders. Such
11		tapes, discs or other electronic data shall not be used under
12		any circumstances by any political committee or individuals for
13		purposes of commercial solicitation or other business
14		purposes. If such tapes contain information on county residents
15		related to the operations of county government in addition to
16		registration information, that information shall not be used
17		under any circumstances for commercial solicitation or other
18		business purposes. The prohibition in this Section against
19		using the computer tapes or computer discs or other electronic
20		data processing information containing voter registration
21		information for purposes of commercial solicitation or other
22		business purposes shall be prospective only from the effective
23		date of this amended Act of 1979. Any person who violates this
24		provision shall be guilty of a Class 4 felony.
25		The State Board of Elections shall promulgate, by October
26		1, 1987, such regulations as may be necessary to ensure

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

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

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

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1		number, and such additional clear and definite description as
2		may be necessary to determine the exact location of the
3		dwelling of the applicant, including post-office mailing
4		address. In the case of a homeless individual, the individual's
5		voting residence that is his or her mailing address shall be
6		included on his or her registration record card.
7		Term of residence in the State of Illinois and the
8		precinct.
9		Nativity. The state or country in which the applicant was
10		born.
11		Citizenship. Whether the applicant is native born or
12		naturalized. If naturalized, the court, place, and date of
13		naturalization.
14		Date of application for registration, i.e., the day, month
15		and 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
18		of registration, which would require assistance in voting.
19		The county and state in which the applicant was last
20		registered.
21		Electronic mail address, if any.
22		Signature of voter. The applicant, after registration and
23		in the presence of a deputy registrar or other officer of
24		registration shall be required to sign his or her name in ink
25		or digitized form to the affidavit on both the original and the
26		duplicate 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
3		his mark to the affidavit. In such case the registration
4		officer shall write a detailed description of the applicant in
5		the space provided at the bottom of the card or sheet; and
6		shall ask the following questions and record the answers
7		thereto:
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
13		substantially the following form:
14		AFFIDAVIT OF REGISTRATION
15		State of Illinois )
16		)ss
17		County of ....... )
18		I hereby swear (or affirm) that I am a citizen of the
19		United States, that on the day of the next election I shall
20		have resided in the State of Illinois and in the election
21		precinct 30 days and that I intend that this location is my
22		residence; that I am fully qualified to vote, and that the
23		above 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
5		record card for the notation of the voting record of the person
6		registered thereon.
7		Each registration record card shall be numbered according
8		to wards or precincts, as the case may be, and may be serially
9		or otherwise marked for identification in such manner as the
10		Board of Election Commissioners may determine.
11		The registration cards shall be deemed public records and
12		shall be open to inspection during regular business hours,
13		except during the 27 days immediately preceding any election.
14		On written request of any candidate or objector or any person
15		intending to object to a petition, the election authority shall
16		extend its hours for inspection of registration cards and other
17		records of the election authority during the period beginning
18		with the filing of petitions under Sections 7-10, 8-8, 10-6 or
19		28-3 and continuing through the termination of electoral board
20		hearings on any objections to petitions containing signatures
21		of registered voters in the jurisdiction of the election
22		authority. The extension shall be for a period of hours
23		sufficient to allow adequate opportunity for examination of the
24		records but the election authority is not required to extend
25		its hours beyond the period beginning at its normal opening for
26		business and ending at midnight. If the business hours are so

SB3186 Engrossed - 48 - LRB100 18485 XWW 33701 b
1		extended, the election authority shall post a public notice of
2		such extended hours. Registration record cards may also be
3		inspected, upon approval of the officer in charge of the cards,
4		during the 27 days immediately preceding any election.
5		Registration record cards shall also be open to inspection by
6		certified judges and poll watchers and challengers at the
7		polling place on election day, but only to the extent necessary
8		to determine the question of the right of a person to vote or
9		to serve as a judge of election. At no time shall poll watchers
10		or challengers be allowed to physically handle the registration
11		record cards.
12		Updated copies of computer tapes or computer discs or other
13		electronic data processing information containing voter
14		registration information shall be furnished by the Board of
15		Election Commissioners within 10 days after December 15 and May
16		15 each year and within 10 days after each registration period
17		is closed to the State Board of Elections in a form prescribed
18		by the State Board. For the purposes of this Section, a
19		registration period is closed 27 days before the date of any
20		regular or special election. Registration information shall
21		include, but not be limited to, the following information:
22		name, sex, residence, telephone number, if any, age, party
23		affiliation, if applicable, precinct, ward, township, county,
24		and representative, legislative and congressional districts.
25		In the event of noncompliance, the State Board of Elections is
26		directed to obtain compliance forthwith with this

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

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

SB3186 Engrossed - 51 - LRB100 18485 XWW 33701 b
1		provision shall be guilty of a Class 4 felony.
2		The State Board of Elections shall promulgate, by October
3		1, 1987, such regulations as may be necessary to ensure
4		uniformity throughout the State in electronic data processing
5		of voter registration information. The regulations shall
6		include, but need not be limited to, specifications for uniform
7		medium, communications protocol and file structure to be
8		employed by the election authorities of this State in the
9		electronic data processing of voter registration information.
10		Each election authority utilizing electronic data processing
11		of voter registration information shall comply with such
12		regulations on and after May 15, 1988.
13		If the applicant for registration was last registered in
14		another county within this State, he shall also sign a
15		certificate authorizing cancellation of the former
16		registration. The certificate shall be in substantially the
17		following form:
18		To the County Clerk of .... County, Illinois.
19		To 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
23		registration 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....,
2		Illinois.
3		The cancellation certificate shall be mailed immediately
4		by the clerk of the Election Commission to the county clerk,
5		(or Election Commission as the case may be) where the applicant
6		was formerly registered. Receipt of such certificate shall be
7		full 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
11		in counties having a population of 500,000 or more, which are
12		operating under this Article, the compensation of deputy
13		registrars and judges of registration provided for the first
14		registration under this Article and officers of registration
15		appointed in conformity with Section 6-69 of this Article for
16		subsequent registration shall be not less than $20 nor more
17		than $30 per day. In cities, villages and incorporated towns in
18		counties having a population of less than 500,000, and
19		operating under this Article, the compensation of the deputy
20		registrars and judges of registration provided for the first
21		registration under this Article, and officers of registration
22		appointed in conformity with Section 6-69 of this Article for
23		subsequent registrations shall be $17.50 per day. The
24		compensation of such deputy registrars, judges of registration
25		and officers of registration, shall be apportioned and paid in

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

SB3186 Engrossed - 54 - LRB100 18485 XWW 33701 b
1		election commissioners for the amount of the increase in
2		compensation under this Section provided by this amendatory Act
3		from 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
6		changing 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
9		establish a program of services to prevent unnecessary
10		institutionalization of persons age 60 and older in need of
11		long term care or who are established as persons who suffer
12		from Alzheimer's disease or a related disorder under the
13		Alzheimer's Disease Assistance Act, thereby enabling them to
14		remain in their own homes or in other living arrangements. Such
15		preventive services, which may be coordinated with other
16		programs for the aged and monitored by area agencies on aging
17		in cooperation with the Department, may include, but are not
18		limited 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
16		such services. In determining the amount and nature of services
17		for which a person may qualify, consideration shall not be
18		given to the value of cash, property or other assets held in
19		the name of the person's spouse pursuant to a written agreement
20		dividing marital property into equal but separate shares or
21		pursuant to a transfer of the person's interest in a home to
22		his spouse, provided that the spouse's share of the marital
23		property is not made available to the person seeking such
24		services.
25		Beginning January 1, 2008, the Department shall require as
26		a condition of eligibility that all new financially eligible

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

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

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

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

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1		existing 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

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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

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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

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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
16		Counseling Demonstration Project as is practicable, the
17		Department may, based on its evaluation of the demonstration
18		project, promulgate rules concerning personal assistant
19		services, to include, but need not be limited to,
20		qualifications, employment screening, rights under fair labor
21		standards, training, fiduciary agent, and supervision
22		requirements. All applicants shall be subject to the provisions
23		of the Health Care Worker Background Check Act.
24		The Department shall develop procedures to enhance
25		availability of services on evenings, weekends, and on an
26		emergency basis to meet the respite needs of caregivers.

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1		Procedures shall be developed to permit the utilization of
2		services in successive blocks of 24 hours up to the monthly
3		maximum established by the Department. Workers providing these
4		services shall be appropriately trained.
5		Beginning on the effective date of this amendatory Act of
6		1991, no person may perform chore/housekeeping and home care
7		aide services under a program authorized by this Section unless
8		that person has been issued a certificate of pre-service to do
9		so by his or her employing agency. Information gathered to
10		effect such certification shall include (i) the person's name,
11		(ii) the date the person was hired by his or her current
12		employer, and (iii) the training, including dates and levels.
13		Persons engaged in the program authorized by this Section
14		before the effective date of this amendatory Act of 1991 shall
15		be issued a certificate of all pre- and in-service training
16		from his or her employer upon submitting the necessary
17		information. The employing agency shall be required to retain
18		records of all staff pre- and in-service training, and shall
19		provide such records to the Department upon request and upon
20		termination of the employer's contract with the Department. In
21		addition, the employing agency is responsible for the issuance
22		of certifications of in-service training completed to their
23		employees.
24		The Department is required to develop a system to ensure
25		that persons working as home care aides and personal assistants
26		receive increases in their wages when the federal minimum wage

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

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

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1		Committee.
2		The Department on Aging and the Department of Human
3		Services shall cooperate in the development and submission of
4		an annual report on programs and services provided under this
5		Section. Such joint report shall be filed with the Governor and
6		the General Assembly on or before September 30 each year.
7		The requirement for reporting to the General Assembly shall
8		be satisfied by filing copies of the report with the Speaker,
9		the Minority Leader and the Clerk of the House of
10		Representatives and the President, the Minority Leader and the
11		Secretary of the Senate and the Legislative Research Unit, as
12		required by Section 3.1 of the General Assembly Organization
13		Act and filing such additional copies with the State Government
14		Report Distribution Center for the General Assembly as is
15		required under paragraph (t) of Section 7 of the State Library
16		Act.
17		Those persons previously found eligible for receiving
18		non-institutional services whose services were discontinued
19		under the Emergency Budget Act of Fiscal Year 1992, and who do
20		not meet the eligibility standards in effect on or after July
21		1, 1992, shall remain ineligible on and after July 1, 1992.
22		Those persons previously not required to cost-share and who
23		were required to cost-share effective March 1, 1992, shall
24		continue to meet cost-share requirements on and after July 1,
25		1992. Beginning July 1, 1992, all clients will be required to
26		meet eligibility, cost-share, and other requirements and will

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

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

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

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1		consistent with the mandates of Public Act 95-713. For State
2		fiscal year 2018, the enhanced rate shall be $1.77 per hour.
3		The rate shall be adjusted using actuarial analysis based on
4		the cost of care, but shall not be set below $1.77 per hour.
5		The Department shall adopt rules, including emergency rules
6		under subsection (y) of Section 5-45 of the Illinois
7		Administrative Procedure Act, to implement the provisions of
8		this 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
12		Opportunity Law of the Civil Administrative Code of Illinois is
13		amended 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
17		Development 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
20		Coordinator.
21		(a) The governor shall appoint an Illinois Emergency
22		Employment Development Coordinator to administer the

SB3186 Engrossed - 72 - LRB100 18485 XWW 33701 b
1		provisions of this Act. The coordinator shall be within the
2		Department of Commerce and Economic Opportunity, but shall be
3		responsible directly to the governor. The coordinator shall
4		have the powers necessary to carry out the purpose of the
5		program.
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
25		within the Department of Commerce and Economic Opportunity. The
26		Director of Commerce and Economic Opportunity shall provide

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

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1		Sec. 805. Reports on capital spending. On the 45th first
2		day following the end of each quarterly period in each fiscal
3		year, the Governor's Office of Management and Budget shall
4		provide to the Comptroller, the Treasurer, the President and
5		the Minority Leader of the Senate, and the Speaker and the
6		Minority Leader of the House of Representatives a report on the
7		status of all capital projects in the State. The report may be
8		provided in both written and electronic format. The report must
9		include 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

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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
21		repealed.
22		(70 ILCS 210/22.1 rep.)
23		Section 10-40. The Metropolitan Pier and Exposition
24		Authority 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
3		Act is amended by repealing Section 3b.
4		(310 ILCS 30/2 rep.)
5		Section 10-50. The Redevelopment Project Rehousing and
6		Capital 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
9		is repealed.
10		(315 ILCS 25/Act rep.)
11		Section 10-60. The Urban Community Conservation Act is
12		repealed.
13		(315 ILCS 30/Act rep.)
14		Section 10-65. The Urban Renewal Consolidation Act of 1961
15		is repealed.
16		(325 ILCS 25/Act rep.)
17		Section 10-70. The High Risk Youth Career Development Act
18		is repealed.
19		(415 ILCS 5/17.6 rep.)

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1		Section 10-75. The Environmental Protection Act is amended
2		by 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
7		amended 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
11		policy of this State that all citizens of Illinois are entitled
12		to lead healthy lives. Governmental public health has a
13		specific responsibility to ensure that a public health system
14		is in place to allow the public health mission to be achieved.
15		The public health system is the collection of public, private,
16		and voluntary entities as well as individuals and informal
17		associations that contribute to the public's health within the
18		State. To develop a public health system requires certain core
19		functions to be performed by government. The State Board of
20		Health is to assume the leadership role in advising the
21		Director in meeting the following functions:
22		(1) Needs assessment.

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

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1		December 31, 2004, the Governor shall appoint up to 6 members
2		to serve for terms of 3 years; up to 6 members to serve for
3		terms of 2 years; and up to 5 members to serve for a term of one
4		year, so that the term of no more than 6 members expire in the
5		same year. All members shall be legal residents of the State of
6		Illinois. The duties of the Board shall include, but not be
7		limited 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

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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

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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

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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

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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

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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

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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
18		among its members.
19		Members of the Board shall receive compensation for their
20		services at the rate of $150 per day, not to exceed $10,000 per
21		year, as designated by the Director for each day required for
22		transacting the business of the Board and shall be reimbursed
23		for necessary expenses incurred in the performance of their
24		duties. The Board shall meet from time to time at the call of
25		the Department, at the call of the chairperson, or upon the
26		request of 3 of its members, but shall not meet less than 4

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

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1		Governor shall invite nominations from recognized medical and
2		coroners organizations in this State respectively. Board
3		members, while serving on business of the Board, shall receive
4		actual necessary travel and subsistence expenses while so
5		serving 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
8		changing Section 4.06 as follows:
9		(20 ILCS 105/4.06)
10		Sec. 4.06. Minority Senior Citizen Program. The Department
11		shall develop a program to identify the special needs and
12		problems of minority senior citizens and evaluate the adequacy
13		and accessibility of existing programs and information for
14		minority senior citizens. The Department shall coordinate
15		services for minority senior citizens through the Department of
16		Public Health, the Department of Healthcare and Family
17		Services, and the Department of Human Services.
18		The Department shall develop procedures to enhance and
19		identify availability of services and shall promulgate
20		administrative rules to establish the responsibilities of the
21		Department.
22		The Department on Aging, the Department of Public Health,
23		the Department of Healthcare and Family Services, and the
24		Department of Human Services shall cooperate in the development

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1		and submission of an annual report on programs and services
2		provided under this Section. The joint report shall be filed
3		with the Governor and the General Assembly no later than 12
4		months after the close of each fiscal year on or before
5		September 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
13		Opportunity Law of the Civil Administrative Code of Illinois is
14		amended by repealing Sections 605-325, 605-337, 605-360,
15		605-605, and 605-685.
16		Section 15-20. The Department of Commerce and Economic
17		Opportunity Law of the Civil Administrative Code of Illinois is
18		amended 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
21		Human Services is authorized to receive and distribute federal
22		funds to foster safe and decent housing and for reimbursement
23		of social service expenses in connection with emergency shelter

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1		for 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
5		Act is repealed.
6		Section 15-30. The Outdoor Recreation Resources Act is
7		amended 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
10		to have prepared, with the Department of Commerce and Economic
11		Opportunity, and to maintain, and keep up-to-date a
12		comprehensive plan for the development of the outdoor
13		recreation 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
17		have prepared, with the Department of Commerce and Economic
18		Opportunity and to maintain, and keep up-to-date a
19		comprehensive plan for the preservation of the historically
20		significant properties and interests of the State.
21		(Source: P.A. 94-793, eff. 5-19-06.)

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

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1		Sec. 5k. Cash flow borrowing and general funds liquidity;
2		FY15.
3		(a) In order to meet cash flow deficits and to maintain
4		liquidity in the General Revenue Fund and the Health Insurance
5		Reserve Fund, on and after July 1, 2014 and through June 30,
6		2015, the State Treasurer and the State Comptroller shall make
7		transfers to the General Revenue Fund and the Health Insurance
8		Reserve Fund, as directed by the Governor, out of special funds
9		of the State, to the extent allowed by federal law. No such
10		transfer may reduce the cumulative balance of all of the
11		special funds of the State to an amount less than the total
12		debt service payable during the 12 months immediately following
13		the date of the transfer on any bonded indebtedness of the
14		State and any certificates issued under the Short Term
15		Borrowing Act. At no time shall the outstanding total transfers
16		made from the special funds of the State to the General Revenue
17		Fund and the Health Insurance Reserve Fund under this Section
18		exceed $650,000,000; once the amount of $650,000,000 has been
19		transferred from the special funds of the State to the General
20		Revenue Fund and the Health Insurance Reserve Fund, additional
21		transfers may be made from the special funds of the State to
22		the General Revenue Fund and the Health Insurance Reserve Fund
23		under this Section only to the extent that moneys have first
24		been re-transferred from the General Revenue Fund and the
25		Health Insurance Reserve Fund to those special funds of the
26		State. Notwithstanding any other provision of this Section, no

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

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1		shall provide to the President and the Minority Leader of the
2		Senate, the Speaker and the Minority Leader of the House of
3		Representatives, and the Commission on Government Forecasting
4		and Accountability a report on all transfers made pursuant to
5		this Section in the prior quarterly period. The report must be
6		provided in electronic format. The report must include all of
7		the 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
21		created as a special fund in the State treasury.
22		(b) All moneys collected and payable to the Department of
23		State Police under Section 5-9-1.19 of the Unified Code of
24		Corrections shall be deposited into the State Police
25		Streetgang-Related Crime Fund and shall be appropriated to and

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1		administered by the Department of State Police for operations
2		and initiatives to combat and prevent streetgang-related
3		crime.
4		(c) The State Police Streetgang-Related Crime Fund shall
5		not be subject to administrative chargebacks.
6		(d) Notwithstanding any other provision of law, on the
7		effective date of this amendatory Act of the 100th General
8		Assembly, or as soon thereafter as practical before the repeal
9		of this Section as provided in subsection (e), the State
10		Comptroller shall direct and the State Treasurer shall transfer
11		the remaining balance from the State Police Streetgang-Related
12		Crime Fund into the State Police Operations Assistance Fund.
13		Upon completion of the transfers, the State Police
14		Streetgang-Related Crime Fund is dissolved, and any future
15		deposits due to that Fund and any outstanding obligations or
16		liabilities of that Fund pass to the State Police Operations
17		Assistance 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.
22		Beginning on the effective date of this amendatory Act of the
23		100th General Assembly: all moneys collected and payable to the
24		Department of State Police under Section 5-9-1.19 of the
25		Unified Code of Corrections shall be deposited into the State

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

SB3186 Engrossed - 96 - LRB100 18485 XWW 33701 b
1		develop a comprehensive statute to implement the Interstate
2		Compact on Educational Opportunity for Military Children, a
3		document developed by the National Military Family
4		Association. The Lieutenant Governor is the chair of the
5		Committee, which shall be composed of the following individuals
6		or 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
19		the chair, but in no case shall the Committee meet less often
20		than once each month, until it has fulfilled all the
21		obligations delineated in this Act.
22		All meetings of the Committee are subject to the provisions
23		of the Open Meetings Act.
24		All proceedings of the Committee and documents produced by
25		the Committee are subject to the provisions of the Freedom of
26		Information Act.

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

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

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

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1		firm.
2		"Board" means the Real Estate Administration and
3		Disciplinary Board of the Department as created by Section
4		25-10 of this Act.
5		"Branch office" means a sponsoring broker's office other
6		than the sponsoring broker's principal office.
7		"Broker" means an individual, partnership, limited
8		liability company, corporation, or registered limited
9		liability partnership other than a leasing agent who, whether
10		in person or through any media or technology, for another and
11		for compensation, or with the intention or expectation of
12		receiving 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

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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
18		between a sponsoring broker and a consumer for licensed
19		activities to be provided to a consumer in return for
20		compensation or the right to receive compensation from another.
21		Brokerage agreements may constitute either a bilateral or a
22		unilateral agreement between the broker and the broker's client
23		depending upon the content of the brokerage agreement. All
24		exclusive brokerage agreements shall be in writing.
25		"Broker price opinion" means an estimate or analysis of the
26		probable selling price of a particular interest in real estate,

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

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1		shall include the transfer of valuable consideration,
2		including 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
19		licensee from a client during the term of a brokerage agreement
20		that (i) was made confidential by the written request or
21		written instruction of the client, (ii) deals with the
22		negotiating position of the client, or (iii) is information the
23		disclosure of which could materially harm the negotiating
24		position 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;

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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
5		include material information about the physical condition of
6		the property.
7		"Consumer" means a person or entity seeking or receiving
8		licensed activities.
9		"Coordinator" means the Coordinator of Real Estate created
10		in Section 25-15 of this Act.
11		"Credit hour" means 50 minutes of classroom instruction in
12		course work that meets the requirements set forth in rules
13		adopted by the Department.
14		"Customer" means a consumer who is not being represented by
15		the licensee but for whom the licensee is performing
16		ministerial acts.
17		"Department" means the Department of Financial and
18		Professional Regulation.
19		"Designated agency" means a contractual relationship
20		between a sponsoring broker and a client under Section 15-50 of
21		this Act in which one or more licensees associated with or
22		employed by the broker are designated as agent of the client.
23		"Designated agent" means a sponsored licensee named by a
24		sponsoring broker as the legal agent of a client, as provided
25		for in Section 15-50 of this Act.
26		"Dual agency" means an agency relationship in which a

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

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

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

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

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

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1		Financial and Professional Regulation, or a person authorized
2		by the Secretary to act in the Secretary's stead.
3		"Sponsoring broker" means the broker who has issued a
4		sponsor card to a licensed managing broker, broker, or a
5		leasing agent.
6		"Sponsor card" means the temporary permit issued by the
7		sponsoring broker certifying that the managing broker, broker,
8		or leasing agent named thereon is employed by or associated by
9		written agreement with the sponsoring broker, as provided for
10		in Section 5-40 of this Act.
11		(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
12		100-534, 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,
16		broker, or leasing agent license; sponsoring broker; register
17		of licensees; pocket card.
18		(a) The expiration date and renewal period for each license
19		issued under this Act shall be set by rule. Except as otherwise
20		provided in this Section, the holder of a license may renew the
21		license within 90 days preceding the expiration date thereof by
22		completing the continuing education required by this Act and
23		paying the fees specified by rule.
24		(b) An individual whose first license is that of a broker
25		received on or after the effective date of this amendatory Act

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

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

SB3186 Engrossed - 113 - LRB100 18485 XWW 33701 b
1		authorized by the Department to engage in the licensed activity
2		appropriate for his or her status (managing broker, broker, or
3		leasing agent). Each licensee shall carry on his or her person
4		his or her pocket card or, if such pocket card has not yet been
5		issued, a properly issued sponsor card when engaging in any
6		licensed activity and shall display the same on demand.
7		(f) The Department shall provide to the sponsoring broker a
8		notice of renewal for all sponsored licensees by mailing the
9		notice to the sponsoring broker's address of record, or, at the
10		Department's discretion, by an electronic means as provided for
11		by rule.
12		(g) Upon request from the sponsoring broker, the Department
13		shall make available to the sponsoring broker, either by mail
14		or by an electronic means at the discretion of the Department,
15		a listing of licensees under this Act who, according to the
16		records of the Department, are sponsored by that broker. Every
17		licensee associated with or employed by a broker whose license
18		is revoked, suspended, terminated, or expired shall be
19		considered as inoperative until such time as the sponsoring
20		broker's license is reinstated or renewed, or the licensee
21		changes employment as set forth in subsection (c) of Section
22		5-40 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
1		amended by repealing Section 25-15.
2		Section 15-120. The Real Estate Appraiser Licensing Act of
3		2002 is amended by changing Sections 1-10, 5-25, 15-15, and
4		25-10 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
8		context otherwise requires:
9		"Accredited college or university, junior college, or
10		community college" means a college or university, junior
11		college, or community college that is approved or accredited by
12		the Board of Higher Education, a regional or national
13		accreditation association, or by an accrediting agency that is
14		recognized by the U.S. Secretary of Education.
15		"Address of record" means the designated address recorded
16		by the Department in the applicant's or licensee's application
17		file or license file as maintained by the Department's
18		licensure maintenance unit. It is the duty of the applicant or
19		licensee to inform the Department of any change of address and
20		those changes must be made either through the Department's
21		website or by contacting the Department.
22		"Applicant" means person who applies to the Department for
23		a license under this Act.
24		"Appraisal" means (noun) the act or process of developing

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

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

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

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

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1		otherwise requires, the term may refer to more than one
2		individual or other described entity.
3		"Real estate" means an identified parcel or tract of land,
4		including any improvements.
5		"Real estate related financial transaction" means any
6		transaction 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
16		inherent in the ownership of real estate.
17		"Secretary" means the Secretary of Financial and
18		Professional Regulation.
19		"State certified general real estate appraiser" means an
20		appraiser who holds a license of this classification under this
21		Act and such classification applies to the appraisal of all
22		types of real property without restrictions as to the scope of
23		practice.
24		"State certified residential real estate appraiser" means
25		an appraiser who holds a license of this classification under
26		this Act and such classification applies to the appraisal of

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1		one to 4 units of residential real property without regard to
2		transaction value or complexity, but with restrictions as to
3		the scope of practice in a federally related transaction in
4		accordance with Title XI, the provisions of USPAP, criteria
5		established by the AQB, and further defined by rule.
6		"Supervising appraiser" means either (i) an appraiser who
7		holds a valid license under this Act as either a State
8		certified general real estate appraiser or a State certified
9		residential real estate appraiser, who co-signs an appraisal
10		report for an associate real estate trainee appraiser or (ii) a
11		State certified general real estate appraiser who holds a valid
12		license under this Act who co-signs an appraisal report for a
13		State certified residential real estate appraiser on
14		properties other than one to 4 units of residential real
15		property without regard to transaction value or complexity.
16		"Title XI" means Title XI of the federal Financial
17		Institutions Reform, Recovery and Enforcement Act of 1989.
18		"USPAP" means the Uniform Standards of Professional
19		Appraisal Practice as promulgated by the Appraisal Standards
20		Board pursuant to Title XI and by rule.
21		"Valuation services" means services pertaining to aspects
22		of 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)

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1		Sec. 5-25. Renewal of license.
2		(a) The expiration date and renewal period for a State
3		certified general real estate appraiser license or a State
4		certified residential real estate appraiser license issued
5		under this Act shall be set by rule. Except as otherwise
6		provided in subsections (b) and (f) of this Section, the holder
7		of a license may renew the license within 90 days preceding the
8		expiration 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
17		State certified residential real estate appraiser whose
18		license under this Act has expired may renew the license for a
19		period of 2 years following the expiration date by complying
20		with the requirements of paragraphs (1), (2), and (3) of
21		subsection (a) of this Section and paying any late penalties
22		established by rule.
23		(c) (Blank).
24		(d) The expiration date and renewal period for an associate
25		real estate trainee appraiser license issued under this Act
26		shall be set by rule. Except as otherwise provided in

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1		subsections (e) and (f) of this Section, the holder of an
2		associate real estate appraiser license may renew the license
3		within 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
12		license under this Act has expired may renew the license for a
13		period of 2 years following the expiration date by complying
14		with the requirements of paragraphs (1), (2), and (3) of
15		subsection (d) of this Section and paying any late penalties as
16		established by rule. An associate real estate trainee appraiser
17		license may not be renewed more than 2 times.
18		(f) Notwithstanding subsections (c) and (e), an appraiser
19		whose license under this Act has expired may renew or convert
20		the license without paying any lapsed renewal fees or late
21		penalties 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

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1		employment.
2		Application for renewal must be made within 2 years
3		following the termination of the military service or related
4		education, training, or employment. The licensee shall furnish
5		the Department with an affidavit that he or she was so engaged.
6		(g) The Department shall provide reasonable care and due
7		diligence to ensure that each licensee under this Act is
8		provided with a renewal application at least 90 days prior to
9		the expiration date, but each licensee is responsible to timely
10		renew or convert his or her license prior to its expiration
11		date.
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
17		a complaint in writing of a person setting forth facts that, if
18		proven, would constitute grounds for suspension, revocation,
19		or other disciplinary action against a licensee or applicant
20		for licensure, the Department shall investigate the actions of
21		the licensee or applicant. If, upon investigation, the
22		Department believes that there may be cause for suspension,
23		revocation, or other disciplinary action, the Department shall
24		use the services of a State certified general real estate
25		appraiser or , a State certified residential real estate

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

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

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

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1		(g) In addition to the provisions of this Section
2		concerning the conduct of hearings and the recommendations for
3		discipline, the Department has the authority to negotiate
4		disciplinary and non-disciplinary settlement agreements
5		concerning any license issued under this Act. All such
6		agreements shall be recorded as Consent Orders or Consent to
7		Administrative Supervision Orders.
8		(h) The Secretary shall have the authority to appoint an
9		attorney duly licensed to practice law in the State of Illinois
10		to serve as the hearing officer in any action to suspend,
11		revoke, or otherwise discipline any license issued by the
12		Department. The Hearing Officer shall have full authority to
13		conduct the hearing.
14		(i) The Department, at its expense, shall preserve a record
15		of all formal hearings of any contested case involving the
16		discipline of a license. At all hearings or pre-hearing
17		conferences, the Department and the licensee shall be entitled
18		to have the proceedings transcribed by a certified shorthand
19		reporter. A copy of the transcribed proceedings shall be made
20		available to the licensee by the certified shorthand reporter
21		upon 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

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1		Disciplinary Board; appointment.
2		(a) There is hereby created the Real Estate Appraisal
3		Administration and Disciplinary Board. The Board shall be
4		composed of 10 persons appointed by the Governor, plus the
5		Coordinator of the Real Estate Appraisal Division. Members
6		shall be appointed to the Board subject to the following
7		conditions:
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

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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
17		consideration to recommendations by members and organizations
18		representing the profession.
19		In making the appointments as provided in paragraph (5) of
20		this subsection, the Governor shall give due consideration to
21		the recommendations by members and organizations representing
22		the real estate industry.
23		In making the appointment as provided in paragraph (6) of
24		this subsection, the Governor shall give due consideration to
25		the recommendations by members and organizations representing
26		financial institutions.

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

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

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

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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
4		2002 is amended by repealing Section 25-15.
5		Section 15-130. The Illinois Horse Racing Act of 1975 is
6		amended 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
9		provided by this Act, until January 1, 2000, a graduated
10		privilege tax is hereby imposed for conducting the pari-mutuel
11		system of wagering permitted under this Act. Until January 1,
12		2000, except as provided in subsection (g) of Section 27 of
13		this Act, all of the breakage of each racing day held by any
14		licensee in the State shall be paid to the State. Until January
15		1, 2000, such daily graduated privilege tax shall be paid by
16		the licensee from the amount permitted to be retained under
17		this Act. Until January 1, 2000, each day's graduated privilege
18		tax, breakage, and Horse Racing Tax Allocation funds shall be
19		remitted to the Department of Revenue within 48 hours after the
20		close of the racing day upon which it is assessed or within
21		such other time as the Board prescribes. The privilege tax
22		hereby imposed, until January 1, 2000, shall be a flat tax at
23		the rate of 2% of the daily pari-mutuel handle except as

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1		provided in Section 27.1.
2		In addition, every organization licensee, except as
3		provided in Section 27.1 of this Act, which conducts multiple
4		wagering shall pay, until January 1, 2000, as a privilege tax
5		on multiple wagers an amount equal to 1.25% of all moneys
6		wagered each day on such multiple wagers, plus an additional
7		amount equal to 3.5% of the amount wagered each day on any
8		other multiple wager which involves a single betting interest
9		on 3 or more horses. The licensee shall remit the amount of
10		such taxes to the Department of Revenue within 48 hours after
11		the close of the racing day on which it is assessed or within
12		such other time as the Board prescribes.
13		This subsection (a) shall be inoperative and of no force
14		and effect on and after January 1, 2000.
15		(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
16		at the rate of 1.5% of the daily pari-mutuel handle is imposed
17		at all pari-mutuel wagering facilities and on advance deposit
18		wagering from a location other than a wagering facility, except
19		as otherwise provided for in this subsection (a-5). In addition
20		to the pari-mutuel tax imposed on advance deposit wagering
21		pursuant to this subsection (a-5), beginning on August 24, 2012
22		(the effective date of Public Act 97-1060) and through December
23		31, 2018, an additional pari-mutuel tax at the rate of 0.25%
24		shall be imposed on advance deposit wagering. Until August 25,
25		2012, the additional 0.25% pari-mutuel tax imposed on advance
26		deposit wagering by Public Act 96-972 shall be deposited into

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1		the Quarter Horse Purse Fund, which shall be created as a
2		non-appropriated trust fund administered by the Board for
3		grants to thoroughbred organization licensees for payment of
4		purses for quarter horse races conducted by the organization
5		licensee. Beginning on August 26, 2012, the additional 0.25%
6		pari-mutuel tax imposed on advance deposit wagering shall be
7		deposited into a the Standardbred Purse Fund, which shall be
8		created as a non-appropriated trust fund administered by the
9		Board, for grants to the standardbred organization licensees
10		purse account for payment of purses proportionately, based upon
11		prior year total Illinois wagering handle, including advanced
12		deposit wagering, for standardbred horse races conducted by the
13		organization licensee. Thoroughbred organization licensees may
14		petition the Board to conduct quarter horse racing and receive
15		purse grants from the Quarter Horse Purse Fund. The Board shall
16		have complete discretion in distributing the Quarter Horse
17		Purse Fund to the petitioning organization licensees.
18		Beginning on July 26, 2010 (the effective date of Public Act
19		96-1287), a pari-mutuel tax at the rate of 0.75% of the daily
20		pari-mutuel handle is imposed at a pari-mutuel facility whose
21		license is derived from a track located in a county that
22		borders the Mississippi River and conducted live racing in the
23		previous year. The pari-mutuel tax imposed by this subsection
24		(a-5) shall be remitted to the Department of Revenue within 48
25		hours after the close of the racing day upon which it is
26		assessed or within such other time as the Board prescribes.

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

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1		(e) No other license fee, privilege tax, excise tax, or
2		racing fee, except as provided in this Act, shall be assessed
3		or collected from any such licensee by the State.
4		(f) No other license fee, privilege tax, excise tax or
5		racing fee shall be assessed or collected from any such
6		licensee by units of local government except as provided in
7		paragraph 10.1 of subsection (h) and subsection (f) of Section
8		26 of this Act. However, any municipality that has a Board
9		licensed horse race meeting at a race track wholly within its
10		corporate boundaries or a township that has a Board licensed
11		horse race meeting at a race track wholly within the
12		unincorporated area of the township may charge a local
13		amusement tax not to exceed 10¢ per admission to such horse
14		race meeting by the enactment of an ordinance. However, any
15		municipality or county that has a Board licensed inter-track
16		wagering location facility wholly within its corporate
17		boundaries may each impose an admission fee not to exceed $1.00
18		per admission to such inter-track wagering location facility,
19		so that a total of not more than $2.00 per admission may be
20		imposed. Except as provided in subparagraph (g) of Section 27
21		of this Act, the inter-track wagering location licensee shall
22		collect any and all such fees and within 48 hours remit the
23		fees to the Board, which shall, pursuant to rule, cause the
24		fees to be distributed to the county or municipality.
25		(g) Notwithstanding any provision in this Act to the
26		contrary, if in any calendar year the total taxes and fees

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1		required to be collected from licensees and distributed under
2		this Act to all State and local governmental authorities
3		exceeds the amount of such taxes and fees distributed to each
4		State and local governmental authority to which each State and
5		local governmental authority was entitled under this Act for
6		calendar year 1994, then the first $11 million of that excess
7		amount shall be allocated at the earliest possible date for
8		distribution as purse money for the succeeding calendar year.
9		Upon reaching the 1994 level, and until the excess amount of
10		taxes and fees exceeds $11 million, the Board shall direct all
11		licensees to cease paying the subject taxes and fees and the
12		Board shall direct all licensees to allocate any such excess
13		amount 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

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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
12		collected and distributed to State and local governmental
13		authorities exceeds $11 million, that excess amount shall be
14		collected and distributed to State and local authorities as
15		provided for under this Act.
16		(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756,
17		eff. 8-12-16.)
18		(310 ILCS 20/2 rep.)
19		(310 ILCS 20/10 rep.)
20		Section 15-135. The Housing Development and Construction
21		Act is amended by repealing Sections 2 and 10.
22		Section 15-140. The Illinois Groundwater Protection Act is
23		amended by changing Section 4 as follows:

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1		(415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
2		Sec. 4. (a) There shall be established within State
3		government an interagency committee which shall be known as the
4		Interagency Coordinating Committee on Groundwater. The
5		Committee shall be composed of the Director, or his designee,
6		of 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
22		calendar 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.

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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
21		groundwater protection regulatory agenda for consideration by
22		the Committee and the Council. The principal purpose of the
23		agenda shall be to systematically consider the groundwater
24		protection aspects of relevant federal and State regulatory
25		programs and to identify any areas where improvements may be
26		warranted. To the extent feasible, the agenda may also serve to

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1		facilitate a more uniform and coordinated approach toward
2		protection of groundwaters in Illinois. Upon adoption of the
3		final agenda by the Committee, the Chairman of the Committee
4		shall assign a lead agency and any support agencies to prepare
5		a regulatory assessment report for each item on the agenda.
6		Each regulatory assessment report shall specify the nature of
7		the groundwater protection provisions being implemented and
8		shall evaluate the results achieved therefrom. Special
9		attention shall be given to any preventive measures being
10		utilized for protection of groundwaters. The reports shall be
11		completed in a timely manner. After review and consideration by
12		the Committee, the reports shall become the basis for
13		recommending further legislative or regulatory action.
14		(d) No later than January 1, 1992, the Interagency
15		Coordinating Committee on Groundwater shall provide a
16		comprehensive status report to the Governor and the General
17		Assembly concerning implementation of this Act.
18		(e) The Committee shall consider findings and
19		recommendations that are provided by the Council, and respond
20		in writing regarding such matters. The Chairman of the
21		Committee shall designate a liaison person to serve as a
22		facilitator 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

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

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1		Section 15-155. The Unified Code of Corrections is amended
2		by 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
5		any other penalty imposed, a fine of $100 shall be imposed upon
6		a person convicted of any violation of the Criminal Code of
7		1961 or the Criminal Code of 2012 who was, at the time of the
8		commission of the violation a streetgang member, as defined in
9		Section 10 of the Illinois Streetgang Terrorism Omnibus
10		Prevention Act. Such additional fine shall be assessed by the
11		court imposing sentence and shall be collected by the circuit
12		clerk. Of this fee, $5 shall be deposited into the Circuit
13		Court Clerk Operation and Administrative Fund created by the
14		Clerk of the Circuit Court to be used to offset the costs
15		incurred by the Circuit Court Clerk in performing the
16		additional duties required to collect and disburse funds as
17		provided by law. Each such additional fine shall be remitted by
18		the Circuit Court Clerk within one month after receipt to the
19		State Police Operations Assistance Streetgang-Related Crime
20		Fund 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

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1		Section 20-5. The State Finance Act is amended by changing
2		Section 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
9		repealing Sections 5.669 and 5.694.
10		Section 20-15. The Unified Code of Corrections is amended
11		by 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
15		sentencing for a sex offense as defined in Section 2 of the Sex
16		Offender Registration Act an additional fine in the amount of
17		$500 to be imposed upon a plea of guilty, stipulation of facts
18		or finding of guilty resulting in a judgment of conviction or
19		order of supervision.
20		(b) Such additional amount shall be assessed by the court
21		imposing sentence and shall be collected by the circuit clerk
22		in addition to the fine, if any, and costs in the case. Each

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

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

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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
3		by 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
7		sexual predator shall, within the time period prescribed in
8		subsections (b) and (c), register in person and provide
9		accurate information as required by the Department of State
10		Police. Such information shall include a current photograph,
11		current address, current place of employment, the sex
12		offender's or sexual predator's telephone number, including
13		cellular telephone number, the employer's telephone number,
14		school attended, all e-mail addresses, instant messaging
15		identities, chat room identities, and other Internet
16		communications identities that the sex offender uses or plans
17		to use, all Uniform Resource Locators (URLs) registered or used
18		by the sex offender, all blogs and other Internet sites
19		maintained by the sex offender or to which the sex offender has
20		uploaded any content or posted any messages or information,
21		extensions of the time period for registering as provided in
22		this Article and, if an extension was granted, the reason why
23		the extension was granted and the date the sex offender was
24		notified of the extension. The information shall also include a

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1		copy of the terms and conditions of parole or release signed by
2		the sex offender and given to the sex offender by his or her
3		supervising officer or aftercare specialist, the county of
4		conviction, license plate numbers for every vehicle registered
5		in the name of the sex offender, the age of the sex offender at
6		the time of the commission of the offense, the age of the
7		victim at the time of the commission of the offense, and any
8		distinguishing marks located on the body of the sex offender. A
9		sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
10		11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
11		Code of 2012 shall provide all Internet protocol (IP) addresses
12		in his or her residence, registered in his or her name,
13		accessible at his or her place of employment, or otherwise
14		under his or her control or custody. If the sex offender is a
15		child sex offender as defined in Section 11-9.3 or 11-9.4 of
16		the Criminal Code of 1961 or the Criminal Code of 2012, the sex
17		offender shall report to the registering agency whether he or
18		she is living in a household with a child under 18 years of age
19		who is not his or her own child, provided that his or her own
20		child is not the victim of the sex offense. The sex offender or
21		sexual 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

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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
7		attends an institution of higher education, he or she shall
8		also 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
25		or county of primary registration, and not to campus
26		registration.

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

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1		(a-5) An out-of-state student or out-of-state employee
2		shall, within 3 days after beginning school or employment in
3		this State, register in person and provide accurate information
4		as required by the Department of State Police. Such information
5		will include current place of employment, school attended, and
6		address in state of residence. A sex offender convicted under
7		Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
8		Criminal Code of 1961 or the Criminal Code of 2012 shall
9		provide all Internet protocol (IP) addresses in his or her
10		residence, registered in his or her name, accessible at his or
11		her place of employment, or otherwise under his or her control
12		or custody. The out-of-state student or out-of-state employee
13		shall 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

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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
9		or county of primary registration, and not to campus
10		registration.
11		The out-of-state student or out-of-state employee shall
12		provide accurate information as required by the Department of
13		State Police. That information shall include the out-of-state
14		student's current place of school attendance or the
15		out-of-state employee's current place of employment.
16		(a-10) Any law enforcement agency registering sex
17		offenders or sexual predators in accordance with subsections
18		(a) or (a-5) of this Section shall forward to the Attorney
19		General a copy of sex offender registration forms from persons
20		convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
21		11-21 of the Criminal Code of 1961 or the Criminal Code of
22		2012, including periodic and annual registrations under
23		Section 6 of this Act.
24		(b) Any sex offender, as defined in Section 2 of this Act,
25		or sexual predator, regardless of any initial, prior, or other
26		registration, shall, within 3 days of beginning school, or

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1		establishing a residence, place of employment, or temporary
2		domicile in any county, register in person as set forth in
3		subsection (a) or (a-5).
4		(c) The registration for any person required to register
5		under 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

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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

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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

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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
21		and, if employed on January 1, 2000, within 5 days after that
22		date, a person required to register under this Section must
23		report, in person to the law enforcement agency having
24		jurisdiction, the business name and address where he or she is
25		employed. If the person has multiple businesses or work
26		locations, every business and work location must be reported to

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1		the law enforcement agency having jurisdiction.
2		(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
3		99-755, 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
7		Article who violates any of the provisions of this Article and
8		any person who is required to register under this Article who
9		seeks to change his or her name under Article XXI of the Code
10		of Civil Procedure is guilty of a Class 3 felony. Any person
11		who is convicted for a violation of this Act for a second or
12		subsequent time is guilty of a Class 2 felony. Any person who
13		is required to register under this Article who knowingly or
14		willfully wilfully gives material information required by this
15		Article that is false is guilty of a Class 3 felony. Any person
16		convicted of a violation of any provision of this Article
17		shall, in addition to any other penalty required by law, be
18		required to serve a minimum period of 7 days confinement in the
19		local county jail. The court shall impose a mandatory minimum
20		fine of $500 for failure to comply with any provision of this
21		Article. These fines shall be deposited in the Sex Offender
22		Registration Fund. Any sex offender, as defined in Section 2 of
23		this Act, or sexual predator who violates any provision of this
24		Article may be arrested and tried in any Illinois county where
25		the sex offender can be located. The local police department or

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1		sheriff's office is not required to determine whether the
2		person is living within its jurisdiction.
3		(b) Any person, not covered by privilege under Part 8 of
4		Article VIII of the Code of Civil Procedure or the Illinois
5		Supreme Court's Rules of Professional Conduct, who has reason
6		to believe that a sexual predator is not complying, or has not
7		complied, with the requirements of this Article and who, with
8		the intent to assist the sexual predator in eluding a law
9		enforcement agency that is seeking to find the sexual predator
10		to question the sexual predator about, or to arrest the sexual
11		predator for, his or her noncompliance with the requirements of
12		this 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
24		incarcerated in or is in the custody of a State correctional
25		facility, a private correctional facility, a county or
26		municipal jail, a State mental health facility or a State

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

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1		(Source: P.A. 93-979, eff. 8-20-04.)
2		Section 20-25. The Murderer and Violent Offender Against
3		Youth Registration Act is amended by changing Sections 10, 60,
4		and 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
8		period prescribed in subsections (b) and (c), register in
9		person and provide accurate information as required by the
10		Department of State Police. Such information shall include a
11		current photograph, current address, current place of
12		employment, the employer's telephone number, school attended,
13		extensions of the time period for registering as provided in
14		this Act and, if an extension was granted, the reason why the
15		extension was granted and the date the violent offender against
16		youth was notified of the extension. A person who has been
17		adjudicated a juvenile delinquent for an act which, if
18		committed by an adult, would be a violent offense against youth
19		shall register as an adult violent offender against youth
20		within 10 days after attaining 17 years of age. The violent
21		offender 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

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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
9		attends an institution of higher education, he or she shall
10		register:
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
22		temporary domicile is defined as any and all places where the
23		violent offender against youth resides for an aggregate period
24		of time of 5 or more days during any calendar year. Any person
25		required to register under this Act who lacks a fixed address
26		or temporary domicile must notify, in person, the agency of

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1		jurisdiction of his or her last known address within 5 days
2		after ceasing to have a fixed residence.
3		Any person who lacks a fixed residence must report weekly,
4		in person, with the sheriff's office of the county in which he
5		or she is located in an unincorporated area, or with the chief
6		of police in the municipality in which he or she is located.
7		The agency of jurisdiction will document each weekly
8		registration to include all the locations where the person has
9		stayed during the past 7 days.
10		The violent offender against youth shall provide accurate
11		information as required by the Department of State Police. That
12		information shall include the current place of employment of
13		the violent offender against youth.
14		(a-5) An out-of-state student or out-of-state employee
15		shall, within 5 days after beginning school or employment in
16		this State, register in person and provide accurate information
17		as required by the Department of State Police. Such information
18		will include current place of employment, school attended, and
19		address in state of residence. The out-of-state student or
20		out-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
8		provide accurate information as required by the Department of
9		State Police. That information shall include the out-of-state
10		student's current place of school attendance or the
11		out-of-state employee's current place of employment.
12		(b) Any violent offender against youth regardless of any
13		initial, prior, or other registration, shall, within 5 days of
14		beginning school, or establishing a residence, place of
15		employment, or temporary domicile in any county, register in
16		person as set forth in subsection (a) or (a-5).
17		(c) The registration for any person required to register
18		under 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

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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

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

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

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1		Registration Fund. Upon completion of the transfers, the
2		Murderer and Violent Offender Against Youth Registration Fund
3		is dissolved, and any future deposits due to that Fund and any
4		outstanding obligations or liabilities of that Fund pass to the
5		Offender Registration Fund. This Section is repealed on July 1,
6		2019.
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
10		Section 8.42 as follows:
11		(30 ILCS 805/8.42 new)
12		Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
13		of this Act, no reimbursement by the State is required for the
14		implementation of any mandate created by this amendatory Act of
15		the 100th General Assembly.
16		Section 99-96. No revival or extension. This Act does not
17		revive or extend any Section or Act otherwise repealed.
18		Section 99-97. Severability. The provisions of this Act are
19		severable under Section 1.31 of the Statute on Statutes.
20		Section 99-99. Effective date. This Act takes effect upon
21		becoming law.
SB3186 Engrossed - 169 - LRB100 18485 XWW 33701 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 210/6 from 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 5/5-1035.1 from Ch. 34, par. 5-1035.1 3 10 ILCS 5/4-8 from Ch. 46, par. 4-8 4 10 ILCS 5/4-25 from Ch. 46, par. 4-25 5 10 ILCS 5/5-7 from Ch. 46, par. 5-7 6 10 ILCS 5/5-35 from Ch. 46, par. 5-35 7 10 ILCS 5/6-35 from Ch. 46, par. 6-35 8 10 ILCS 5/6-71 from Ch. 46, par. 6-71 9 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 10 20 ILCS 605/605-855 rep. 11 20 ILCS 627/Act rep. 12 20 ILCS 630/3 from 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 5/5-565 was 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 605/605-950 was 20 ILCS 605/46.38a 6 20 ILCS 695/Act rep. 7 20 ILCS 860/2 from Ch. 105, par. 532 8 20 ILCS 860/2a from 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 5/27 from Ch. 8, par. 37-27 11 310 ILCS 20/2 rep. 12 310 ILCS 20/10 rep. 13 415 ILCS 55/4 from Ch. 111 1/2, par. 7454 14 405 ILCS 80/Art. III rep. 15 625 ILCS 5/11-416 from Ch. 95 1/2, par. 11-416 16 730 ILCS 5/5-9-1.19 17 820 ILCS 130/9 from 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 150/10 from 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