| |||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)?" |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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).
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||