Sen. Matt Murphy

Filed: 3/10/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1833

2    AMENDMENT NO. ______. Amend Senate Bill 1833 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Rule of construction. This Act shall be
5construed to make amendments to provisions of State law to
6substitute the term "intellectual disability" for "mental
7retardation", "intellectually disabled" for "mentally
8retarded", "ID/DD Community Care Act" for "MR/DD Community Care
9Act", "physically disabled" for "crippled", and "physical
10disability" or "physically disabling", as appropriate, for
11"crippling" without any intent to change the substantive
12rights, responsibilities, coverage, eligibility, or
13definitions referred to in the amended provisions represented
14in this Act.
 
15    Section 3. The Statute on Statutes is amended by adding
16Sections 1.37 and 1.38 as follows:
 

 

 

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1    (5 ILCS 70/1.37 new)
2    Sec. 1.37. Intellectual disability. Except where the
3context indicates otherwise, in any rule, contract, or other
4document a reference to the term "mental retardation" shall be
5considered a reference to the term "intellectual disability"
6and a reference to the term "mentally retarded" shall be
7considered a reference to the term "intellectually disabled".
8The use of either "mental retardation" or "intellectually
9disabled", or "mentally retarded" or "intellectually disabled"
10shall not invalidate any rule, contract, or other document.
 
11    (5 ILCS 70/1.38 new)
12    Sec. 1.38. Physical disability. Except where the context
13indicates otherwise, in any rule, contract, or other document a
14reference to the term "crippled" shall be considered a
15reference to the term "physically disabled" and a reference to
16the term "crippling" shall be considered a reference to the
17term "physical disability" or "physically disabling", as
18appropriate, when referring to a person. The use of either
19"crippled" or "physically disabled", or "crippling" or
20"physical disability" shall not invalidate any rule, contract,
21or other document.
 
22    Section 4. The Illinois Administrative Procedure Act is
23amended by adding Sections 5-146 and 5-147 as follows:
 

 

 

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1    (5 ILCS 100/5-146 new)
2    Sec. 5-146. Rule change; intellectual disability. Any
3State agency with a rule that contains the term "mentally
4retarded" or "mental retardation" shall amend the text of the
5rule to substitute the term "intellectually disabled" for
6"mentally retarded" and "intellectual disability" for "mental
7retardation", and shall make any other changes that may be
8necessary to conform to the changes made by this amendatory Act
9of the 97th General Assembly.
 
10    (5 ILCS 100/5-147 new)
11    Sec. 5-147. Rule change; physical disability. Any State
12agency with a rule that contains the term "crippled" or
13"crippling" to refer to a person with a physical disability
14shall amend the text of the rule to substitute the term
15"physically disabled" for "crippled" and "physical disability"
16or "physically disabling", as appropriate, for "crippling",
17and shall make any other changes that may be necessary to
18conform to the changes made by this amendatory Act of the 97th
19General Assembly.
 
20    Section 5. The Supported Employees Act is amended by
21changing Section 3 as follows:
 
22    (5 ILCS 390/3)  (from Ch. 127, par. 3903)

 

 

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1    Sec. 3. As used in this Act:
2    (a) "Agency" means those Departments, Boards, Commissions
3and Authorities that are under the jurisdiction and control of
4the Governor and are subject to the provisions and requirements
5of the Personnel Code, the State Universities Civil Service Act
6and the Secretary of State Merit Employment Code.
7    (b) "Department" means the Department of Central
8Management Services.
9    (c) "Director" means the Director of the Department of
10Central Management Services.
11    (d) "Supported employee" means any individual who:
12        (1) has a severe physical or mental disability which
13    seriously limits functional capacities including but not
14    limited to mobility, communication, self-care,
15    self-direction, work tolerance or work skills, in terms of
16    employability as defined, determined and certified by the
17    Department of Human Services; and
18        (2) has one or more physical or mental disabilities
19    resulting from amputation; arthritis; blindness; cancer;
20    cerebral palsy; cystic fibrosis; deafness; heart disease;
21    hemiplegia; respiratory or pulmonary dysfunction; an
22    intellectual disability mental retardation; mental
23    illness; multiple sclerosis; muscular dystrophy;
24    musculoskeletal disorders; neurological disorders,
25    including stroke and epilepsy; paraplegia; quadriplegia
26    and other spinal cord conditions; sickle cell anemia; and

 

 

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1    end-stage renal disease; or another disability or
2    combination of disabilities determined on the basis of an
3    evaluation of rehabilitation potential to cause comparable
4    substantial functional limitation.
5    (e) "Supported employment" means competitive work in
6integrated work settings:
7        (1) for individuals with severe handicaps for whom
8    competitive employment has not traditionally occurred, or
9        (2) for individuals for whom competitive employment
10    has been interrupted or intermittent as a result of a
11    severe disability, and who because of their handicap, need
12    on-going support services to perform such work. The term
13    includes transitional employment for individuals with
14    chronic mental illness.
15    (f) "Participation in a supported employee program" means
16participation as a supported employee that is not based on the
17expectation that an individual will have the skills to perform
18all the duties in a job class, but on the assumption that with
19support and adaptation, or both, a job can be designed to take
20advantage of the supported employee's special strengths.
21    (g) "Funder" means any entity either State, local or
22federal, or private not-for-profit or for-profit that provides
23monies to programs that provide services related to supported
24employment.
25    (h) "Provider" means any entity either public or private
26that provides technical support and services to any department

 

 

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1or agency subject to the control of the Governor, the Secretary
2of State or the University Civil Service System.
3(Source: P.A. 89-507, eff. 7-1-97.)
 
4    Section 7. The Election Code is amended by changing
5Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
619-12.1, and 19-12.2 as follows:
 
7    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
8    Sec. 3-3. Every honorably discharged soldier or sailor who
9is an inmate of any soldiers' and sailors' home within the
10State of Illinois, any person who is a resident of a facility
11licensed or certified pursuant to the Nursing Home Care Act or
12the ID/DD MR/DD Community Care Act, or any person who is a
13resident of a community-integrated living arrangement, as
14defined in Section 3 of the Community-Integrated Living
15Arrangements Licensure and Certification Act, for 30 days or
16longer, and who is a citizen of the United States and has
17resided in this State and in the election district 30 days next
18preceding any election shall be entitled to vote in the
19election district in which any such home or
20community-integrated living arrangement in which he is an
21inmate or resident is located, for all officers that now are or
22hereafter may be elected by the people, and upon all questions
23that may be submitted to the vote of the people: Provided, that
24he shall declare upon oath, that it was his bona fide intention

 

 

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1at the time he entered said home or community-integrated living
2arrangement to become a resident thereof.
3(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;
496-1000, eff. 7-2-10.)
 
5    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
6    Sec. 4-6.3. The county clerk may establish a temporary
7place of registration for such times and at such locations
8within the county as the county clerk may select. However, no
9temporary place of registration may be in operation during the
1027 days preceding an election. Notice of the time and place of
11registration under this Section shall be published by the
12county clerk in a newspaper having a general circulation in the
13county not less than 3 nor more than 15 days before the holding
14of such registration.
15    Temporary places of registration shall be established so
16that the areas of concentration of population or use by the
17public are served, whether by facilities provided in places of
18private business or in public buildings or in mobile units.
19Areas which may be designated as temporary places of
20registration include, but are not limited to, facilities
21licensed or certified pursuant to the Nursing Home Care Act or
22the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
23Homes, shopping centers, business districts, public buildings
24and county fairs.
25    Temporary places of registration shall be available to the

 

 

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1public not less than 2 hours per year for each 1,000 population
2or fraction thereof in the county.
3    All temporary places of registration shall be manned by
4deputy county clerks or deputy registrars appointed pursuant to
5Section 4-6.2.
6(Source: P.A. 96-339, eff. 7-1-10.)
 
7    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
8    Sec. 4-10. Except as herein provided, no person shall be
9registered, unless he applies in person to a registration
10officer, answers such relevant questions as may be asked of him
11by the registration officer, and executes the affidavit of
12registration. The registration officer shall require the
13applicant to furnish two forms of identification, and except in
14the case of a homeless individual, one of which must include
15his or her residence address. These forms of identification
16shall include, but not be limited to, any of the following:
17driver's license, social security card, public aid
18identification card, utility bill, employee or student
19identification card, lease or contract for a residence, credit
20card, or a civic, union or professional association membership
21card. The registration officer shall require a homeless
22individual to furnish evidence of his or her use of the mailing
23address stated. This use may be demonstrated by a piece of mail
24addressed to that individual and received at that address or by
25a statement from a person authorizing use of the mailing

 

 

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1address. The registration officer shall require each applicant
2for registration to read or have read to him the affidavit of
3registration before permitting him to execute the affidavit.
4    One of the registration officers or a deputy registration
5officer, county clerk, or clerk in the office of the county
6clerk, shall administer to all persons who shall personally
7apply to register the following oath or affirmation:
8    "You do solemnly swear (or affirm) that you will fully and
9truly answer all such questions as shall be put to you touching
10your name, place of residence, place of birth, your
11qualifications as an elector and your right as such to register
12and vote under the laws of the State of Illinois."
13    The registration officer shall satisfy himself that each
14applicant for registration is qualified to register before
15registering him. If the registration officer has reason to
16believe that the applicant is a resident of a Soldiers' and
17Sailors' Home or any facility which is licensed or certified
18pursuant to the Nursing Home Care Act or the ID/DD MR/DD
19Community Care Act, the following question shall be put, "When
20you entered the home which is your present address, was it your
21bona fide intention to become a resident thereof?" Any voter of
22a township, city, village or incorporated town in which such
23applicant resides, shall be permitted to be present at the
24place of any precinct registration and shall have the right to
25challenge any applicant who applies to be registered.
26    In case the officer is not satisfied that the applicant is

 

 

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1qualified he shall forthwith notify such applicant in writing
2to appear before the county clerk to complete his registration.
3Upon the card of such applicant shall be written the word
4"incomplete" and no such applicant shall be permitted to vote
5unless such registration is satisfactorily completed as
6hereinafter provided. No registration shall be taken and marked
7as incomplete if information to complete it can be furnished on
8the date of the original application.
9    Any person claiming to be an elector in any election
10precinct and whose registration card is marked "Incomplete" may
11make and sign an application in writing, under oath, to the
12county clerk in substance in the following form:
13    "I do solemnly swear that I, ...., did on (insert date)
14make application to the board of registry of the .... precinct
15of the township of .... (or to the county clerk of .... county)
16and that said board or clerk refused to complete my
17registration as a qualified voter in said precinct. That I
18reside in said precinct, that I intend to reside in said
19precinct, and am a duly qualified voter of said precinct and am
20entitled to be registered to vote in said precinct at the next
21election.
22(Signature of applicant) ............................."
 
23    All such applications shall be presented to the county
24clerk or to his duly authorized representative by the
25applicant, in person between the hours of 9:00 a.m. and 5:00

 

 

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1p.m. on any day after the days on which the 1969 and 1970
2precinct re-registrations are held but not on any day within 27
3days preceding the ensuing general election and thereafter for
4the registration provided in Section 4-7 all such applications
5shall be presented to the county clerk or his duly authorized
6representative by the applicant in person between the hours of
79:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
8the ensuing general election. Such application shall be heard
9by the county clerk or his duly authorized representative at
10the time the application is presented. If the applicant for
11registration has registered with the county clerk, such
12application may be presented to and heard by the county clerk
13or by his duly authorized representative upon the dates
14specified above or at any time prior thereto designated by the
15county clerk.
16    Any otherwise qualified person who is absent from his
17county of residence either due to business of the United States
18or because he is temporarily outside the territorial limits of
19the United States may become registered by mailing an
20application to the county clerk within the periods of
21registration provided for in this Article, or by simultaneous
22application for absentee registration and absentee ballot as
23provided in Article 20 of this Code.
24    Upon receipt of such application the county clerk shall
25immediately mail an affidavit of registration in duplicate,
26which affidavit shall contain the following and such other

 

 

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1information as the State Board of Elections may think it proper
2to require for the identification of the applicant:
3    Name. The name of the applicant, giving surname and first
4or Christian name in full, and the middle name or the initial
5for such middle name, if any.
6    Sex.
7    Residence. The name and number of the street, avenue or
8other location of the dwelling, and such additional clear and
9definite description as may be necessary to determine the exact
10location of the dwelling of the applicant. Where the location
11cannot be determined by street and number, then the Section,
12congressional township and range number may be used, or such
13other information as may be necessary, including post office
14mailing address.
15    Term of residence in the State of Illinois and the
16precinct.
17    Nativity. The State or country in which the applicant was
18born.
19    Citizenship. Whether the applicant is native born or
20naturalized. If naturalized, the court, place and date of
21naturalization.
22    Age. Date of birth, by month, day and year.
23    Out of State address of ..........................
24
AFFIDAVIT OF REGISTRATION
25State of ...........)  
26                   )ss

 

 

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1County of ..........)
2    I hereby swear (or affirm) that I am a citizen of the
3United States; that on the day of the next election I shall
4have resided in the State of Illinois and in the election
5precinct 30 days; that I am fully qualified to vote, that I am
6not registered to vote anywhere else in the United States, that
7I intend to remain a resident of the State of Illinois and of
8the election precinct, that I intend to return to the State of
9Illinois, and that the above statements are true.
10
..............................
11
(His or her signature or mark)
12    Subscribed and sworn to before me, an officer qualified to
13administer oaths, on (insert date).
14
........................................
15
Signature of officer administering oath.
16    Upon receipt of the executed duplicate affidavit of
17Registration, the county clerk shall transfer the information
18contained thereon to duplicate Registration Cards provided for
19in Section 4-8 of this Article and shall attach thereto a copy
20of each of the duplicate affidavit of registration and
21thereafter such registration card and affidavit shall
22constitute the registration of such person the same as if he
23had applied for registration in person.
24(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
2596-1000, eff. 7-2-10.)
 

 

 

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1    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
2    Sec. 5-9. Except as herein provided, no person shall be
3registered unless he applies in person to registration officer,
4answers such relevant questions as may be asked of him by the
5registration officer, and executes the affidavit of
6registration. The registration officer shall require the
7applicant to furnish two forms of identification, and except in
8the case of a homeless individual, one of which must include
9his or her residence address. These forms of identification
10shall include, but not be limited to, any of the following:
11driver's license, social security card, public aid
12identification card, utility bill, employee or student
13identification card, lease or contract for a residence, credit
14card, or a civic, union or professional association membership
15card. The registration officer shall require a homeless
16individual to furnish evidence of his or her use of the mailing
17address stated. This use may be demonstrated by a piece of mail
18addressed to that individual and received at that address or by
19a statement from a person authorizing use of the mailing
20address. The registration officer shall require each applicant
21for registration to read or have read to him the affidavit of
22registration before permitting him to execute the affidavit.
23    One of the Deputy Registrars, the Judge of Registration, or
24an Officer of Registration, County Clerk, or clerk in the
25office of the County Clerk, shall administer to all persons who
26shall personally apply to register the following oath or

 

 

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1affirmation:
2    "You do solemnly swear (or affirm) that you will fully and
3truly answer all such questions as shall be put to you touching
4your place of residence, name, place of birth, your
5qualifications as an elector and your right as such to register
6and vote under the laws of the State of Illinois."
7    The Registration Officer shall satisfy himself that each
8applicant for registration is qualified to register before
9registering him. If the registration officer has reason to
10believe that the applicant is a resident of a Soldiers' and
11Sailors' Home or any facility which is licensed or certified
12pursuant to the Nursing Home Care Act or the ID/DD MR/DD
13Community Care Act, the following question shall be put, "When
14you entered the home which is your present address, was it your
15bona fide intention to become a resident thereof?" Any voter of
16a township, city, village or incorporated town in which such
17applicant resides, shall be permitted to be present at the
18place of precinct registration, and shall have the right to
19challenge any applicant who applies to be registered.
20    In case the officer is not satisfied that the applicant is
21qualified, he shall forthwith in writing notify such applicant
22to appear before the County Clerk to furnish further proof of
23his qualifications. Upon the card of such applicant shall be
24written the word "Incomplete" and no such applicant shall be
25permitted to vote unless such registration is satisfactorily
26completed as hereinafter provided. No registration shall be

 

 

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1taken and marked as "incomplete" if information to complete it
2can be furnished on the date of the original application.
3    Any person claiming to be an elector in any election
4precinct in such township, city, village or incorporated town
5and whose registration is marked "Incomplete" may make and sign
6an application in writing, under oath, to the County Clerk in
7substance in the following form:
8    "I do solemnly swear that I, .........., did on (insert
9date) make application to the Board of Registry of the ........
10precinct of ........ ward of the City of .... or of the
11......... District ......... Town of .......... (or to the
12County Clerk of .............) and ............ County; that
13said Board or Clerk refused to complete my registration as a
14qualified voter in said precinct, that I reside in said
15precinct (or that I intend to reside in said precinct), am a
16duly qualified voter and entitled to vote in said precinct at
17the next election.
18
...........................
19
(Signature of Applicant)"
20    All such applications shall be presented to the County
21Clerk by the applicant, in person between the hours of nine
22o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
23the third week subsequent to the weeks in which the 1961 and
241962 precinct re-registrations are to be held, and thereafter
25for the registration provided in Section 5-17 of this Article,
26all such applications shall be presented to the County Clerk by

 

 

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1the applicant in person between the hours of nine o'clock a.m.
2and nine o'clock p.m. on Monday and Tuesday of the third week
3prior to the date on which such election is to be held.
4    Any otherwise qualified person who is absent from his
5county of residence either due to business of the United States
6or because he is temporarily outside the territorial limits of
7the United States may become registered by mailing an
8application to the county clerk within the periods of
9registration provided for in this Article or by simultaneous
10application for absentee registration and absentee ballot as
11provided in Article 20 of this Code.
12    Upon receipt of such application the county clerk shall
13immediately mail an affidavit of registration in duplicate,
14which affidavit shall contain the following and such other
15information as the State Board of Elections may think it proper
16to require for the identification of the applicant:
17    Name. The name of the applicant, giving surname and first
18or Christian name in full, and the middle name or the initial
19for such middle name, if any.
20    Sex.
21    Residence. The name and number of the street, avenue or
22other location of the dwelling, and such additional clear and
23definite description as may be necessary to determine the exact
24location of the dwelling of the applicant. Where the location
25cannot be determined by street and number, then the Section,
26congressional township and range number may be used, or such

 

 

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1other information as may be necessary, including post office
2mailing address.
3    Term of residence in the State of Illinois and the
4precinct.
5    Nativity. The State or country in which the applicant was
6born.
7    Citizenship. Whether the applicant is native born or
8naturalized. If naturalized, the court, place and date of
9naturalization.
10    Age. Date of birth, by month, day and year.
11    Out of State address of ..........................
12
AFFIDAVIT OF REGISTRATION
13State of .........)  
14                 )ss
15County of ........)
16    I hereby swear (or affirm) that I am a citizen of the
17United States; that on the day of the next election I shall
18have resided in the State of Illinois for 6 months and in the
19election precinct 30 days; that I am fully qualified to vote,
20that I am not registered to vote anywhere else in the United
21States, that I intend to remain a resident of the State of
22Illinois and of the election precinct, that I intend to return
23to the State of Illinois, and that the above statements are
24true.
25
..............................
26
(His or her signature or mark)

 

 

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1    Subscribed and sworn to before me, an officer qualified to
2administer oaths, on (insert date).
3
........................................
4
Signature of officer administering oath.

 
5
6    Upon receipt of the executed duplicate affidavit of
7Registration, the county clerk shall transfer the information
8contained thereon to duplicate Registration Cards provided for
9in Section 5-7 of this Article and shall attach thereto a copy
10of each of the duplicate affidavit of registration and
11thereafter such registration card and affidavit shall
12constitute the registration of such person the same as if he
13had applied for registration in person.
14(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
1596-1000, eff. 7-2-10.)
 
16    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
17    Sec. 5-16.3. The county clerk may establish temporary
18places of registration for such times and at such locations
19within the county as the county clerk may select. However, no
20temporary place of registration may be in operation during the
2127 days preceding an election. Notice of time and place of
22registration at any such temporary place of registration under
23this Section shall be published by the county clerk in a
24newspaper having a general circulation in the county not less

 

 

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1than 3 nor more than 15 days before the holding of such
2registration.
3    Temporary places of registration shall be established so
4that the areas of concentration of population or use by the
5public are served, whether by facilities provided in places of
6private business or in public buildings or in mobile units.
7Areas which may be designated as temporary places of
8registration include, but are not limited to, facilities
9licensed or certified pursuant to the Nursing Home Care Act or
10the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
11Homes, shopping centers, business districts, public buildings
12and county fairs.
13    Temporary places of registration shall be available to the
14public not less than 2 hours per year for each 1,000 population
15or fraction thereof in the county.
16    All temporary places of registration shall be manned by
17deputy county clerks or deputy registrars appointed pursuant to
18Section 5-16.2.
19(Source: P.A. 96-339, eff. 7-1-10.)
 
20    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
21    Sec. 6-50.3. The board of election commissioners may
22establish temporary places of registration for such times and
23at such locations as the board may select. However, no
24temporary place of registration may be in operation during the
2527 days preceding an election. Notice of the time and place of

 

 

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1registration at any such temporary place of registration under
2this Section shall be published by the board of election
3commissioners in a newspaper having a general circulation in
4the city, village or incorporated town not less than 3 nor more
5than 15 days before the holding of such registration.
6    Temporary places of registration shall be established so
7that the areas of concentration of population or use by the
8public are served, whether by facilities provided in places of
9private business or in public buildings or in mobile units.
10Areas which may be designated as temporary places of
11registration include, but are not limited to facilities
12licensed or certified pursuant to the Nursing Home Care Act or
13the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
14Homes, shopping centers, business districts, public buildings
15and county fairs.
16    Temporary places of registration shall be available to the
17public not less than 2 hours per year for each 1,000 population
18or fraction thereof in the county.
19    All temporary places of registration shall be manned by
20employees of the board of election commissioners or deputy
21registrars appointed pursuant to Section 6-50.2.
22(Source: P.A. 96-339, eff. 7-1-10.)
 
23    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
24    Sec. 6-56. Not more than 30 nor less than 28 days before
25any election under this Article, all owners, managers,

 

 

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1administrators or operators of hotels, lodging houses, rooming
2houses, furnished apartments or facilities licensed or
3certified under the Nursing Home Care Act, which house 4 or
4more persons, outside the members of the family of such owner,
5manager, administrator or operator, shall file with the board
6of election commissioners a report, under oath, together with
7one copy thereof, in such form as may be required by the board
8of election commissioners, of the names and descriptions of all
9lodgers, guests or residents claiming a voting residence at the
10hotels, lodging houses, rooming houses, furnished apartments,
11or facility licensed or certified under the Nursing Home Care
12Act or the ID/DD MR/DD Community Care Act under their control.
13In counties having a population of 500,000 or more such report
14shall be made on forms mailed to them by the board of election
15commissioners. The board of election commissioners shall sort
16and assemble the sworn copies of the reports in numerical order
17according to ward and according to precincts within each ward
18and shall, not later than 5 days after the last day allowed by
19this Article for the filing of the reports, maintain one
20assembled set of sworn duplicate reports available for public
21inspection until 60 days after election days. Except as is
22otherwise expressly provided in this Article, the board shall
23not be required to perform any duties with respect to the sworn
24reports other than to mail, sort, assemble, post and file them
25as hereinabove provided.
26    Except in such cases where a precinct canvass is being

 

 

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1conducted by the Board of Election Commissioners prior to a
2Primary or Election, the board of election commissioners shall
3compare the original copy of each such report with the list of
4registered voters from such addresses. Every person registered
5from such address and not listed in such report or whose name
6is different from any name so listed, shall immediately after
7the last day of registration be sent a notice through the
8United States mail, at the address appearing upon his
9registration record card, requiring him to appear before the
10board of election commissioners on one of the days specified in
11Section 6-45 of this Article and show cause why his
12registration should not be cancelled. The provisions of
13Sections 6-45, 6-46 and 6-47 of this Article shall apply to
14such hearing and proceedings subsequent thereto.
15    Any owner, manager or operator of any such hotel, lodging
16house, rooming house or furnished apartment who shall fail or
17neglect to file such statement and copy thereof as in this
18Article provided, may, upon written information of the attorney
19for the election commissioners, be cited by the election
20commissioners or upon the complaint of any voter of such city,
21village or incorporated town, to appear before them and furnish
22such sworn statement and copy thereof and make such oral
23statements under oath regarding such hotel, lodging house,
24rooming house or furnished apartment, as the election
25commissioners may require. The election commissioners shall
26sit to hear such citations on the Friday of the fourth week

 

 

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1preceding the week in which such election is to be held. Such
2citation shall be served not later than the day preceding the
3day on which it is returnable.
4(Source: P.A. 96-339, eff. 7-1-10.)
 
5    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
6    Sec. 19-4. Mailing or delivery of ballots - Time.)
7Immediately upon the receipt of such application either by
8mail, not more than 40 days nor less than 5 days prior to such
9election, or by personal delivery not more than 40 days nor
10less than one day prior to such election, at the office of such
11election authority, it shall be the duty of such election
12authority to examine the records to ascertain whether or not
13such applicant is lawfully entitled to vote as requested,
14including a verification of the applicant's signature by
15comparison with the signature on the official registration
16record card, and if found so to be entitled to vote, to post
17within one business day thereafter the name, street address,
18ward and precinct number or township and district number, as
19the case may be, of such applicant given on a list, the pages
20of which are to be numbered consecutively to be kept by such
21election authority for such purpose in a conspicuous, open and
22public place accessible to the public at the entrance of the
23office of such election authority, and in such a manner that
24such list may be viewed without necessity of requesting
25permission therefor. Within one day after posting the name and

 

 

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1other information of an applicant for an absentee ballot, the
2election authority shall transmit that name and other posted
3information to the State Board of Elections, which shall
4maintain those names and other information in an electronic
5format on its website, arranged by county and accessible to
6State and local political committees. Within 2 business days
7after posting a name and other information on the list within
8its office, the election authority shall mail, postage prepaid,
9or deliver in person in such office an official ballot or
10ballots if more than one are to be voted at said election. Mail
11delivery of Temporarily Absent Student ballot applications
12pursuant to Section 19-12.3 shall be by nonforwardable mail.
13However, for the consolidated election, absentee ballots for
14certain precincts may be delivered to applicants not less than
1525 days before the election if so much time is required to have
16prepared and printed the ballots containing the names of
17persons nominated for offices at the consolidated primary. The
18election authority shall enclose with each absentee ballot or
19application written instructions on how voting assistance
20shall be provided pursuant to Section 17-14 and a document,
21written and approved by the State Board of Elections,
22enumerating the circumstances under which a person is
23authorized to vote by absentee ballot pursuant to this Article;
24such document shall also include a statement informing the
25applicant that if he or she falsifies or is solicited by
26another to falsify his or her eligibility to cast an absentee

 

 

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1ballot, such applicant or other is subject to penalties
2pursuant to Section 29-10 and Section 29-20 of the Election
3Code. Each election authority shall maintain a list of the
4name, street address, ward and precinct, or township and
5district number, as the case may be, of all applicants who have
6returned absentee ballots to such authority, and the name of
7such absent voter shall be added to such list within one
8business day from receipt of such ballot. If the absentee
9ballot envelope indicates that the voter was assisted in
10casting the ballot, the name of the person so assisting shall
11be included on the list. The list, the pages of which are to be
12numbered consecutively, shall be kept by each election
13authority in a conspicuous, open, and public place accessible
14to the public at the entrance of the office of the election
15authority and in a manner that the list may be viewed without
16necessity of requesting permission for viewing.
17    Each election authority shall maintain a list for each
18election of the voters to whom it has issued absentee ballots.
19The list shall be maintained for each precinct within the
20jurisdiction of the election authority. Prior to the opening of
21the polls on election day, the election authority shall deliver
22to the judges of election in each precinct the list of
23registered voters in that precinct to whom absentee ballots
24have been issued by mail.
25    Each election authority shall maintain a list for each
26election of voters to whom it has issued temporarily absent

 

 

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1student ballots. The list shall be maintained for each election
2jurisdiction within which such voters temporarily abide.
3Immediately after the close of the period during which
4application may be made by mail for absentee ballots, each
5election authority shall mail to each other election authority
6within the State a certified list of all such voters
7temporarily abiding within the jurisdiction of the other
8election authority.
9    In the event that the return address of an application for
10ballot by a physically incapacitated elector is that of a
11facility licensed or certified under the Nursing Home Care Act
12or the ID/DD MR/DD Community Care Act, within the jurisdiction
13of the election authority, and the applicant is a registered
14voter in the precinct in which such facility is located, the
15ballots shall be prepared and transmitted to a responsible
16judge of election no later than 9 a.m. on the Saturday, Sunday
17or Monday immediately preceding the election as designated by
18the election authority under Section 19-12.2. Such judge shall
19deliver in person on the designated day the ballot to the
20applicant on the premises of the facility from which
21application was made. The election authority shall by mail
22notify the applicant in such facility that the ballot will be
23delivered by a judge of election on the designated day.
24    All applications for absentee ballots shall be available at
25the office of the election authority for public inspection upon
26request from the time of receipt thereof by the election

 

 

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1authority until 30 days after the election, except during the
2time such applications are kept in the office of the election
3authority pursuant to Section 19-7, and except during the time
4such applications are in the possession of the judges of
5election.
6(Source: P.A. 96-339, eff. 7-1-10.)
 
7    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
8    Sec. 19-12.1. Any qualified elector who has secured an
9Illinois Disabled Person Identification Card in accordance
10with The Illinois Identification Card Act, indicating that the
11person named thereon has a Class 1A or Class 2 disability or
12any qualified voter who has a permanent physical incapacity of
13such a nature as to make it improbable that he will be able to
14be present at the polls at any future election, or any voter
15who is a resident of a facility licensed or certified pursuant
16to the Nursing Home Care Act or the ID/DD MR/DD Community Care
17Act and has a condition or disability of such a nature as to
18make it improbable that he will be able to be present at the
19polls at any future election, may secure a disabled voter's or
20nursing home resident's identification card, which will enable
21him to vote under this Article as a physically incapacitated or
22nursing home voter.
23    Application for a disabled voter's or nursing home
24resident's identification card shall be made either: (a) in
25writing, with voter's sworn affidavit, to the county clerk or

 

 

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1board of election commissioners, as the case may be, and shall
2be accompanied by the affidavit of the attending physician
3specifically describing the nature of the physical incapacity
4or the fact that the voter is a nursing home resident and is
5physically unable to be present at the polls on election days;
6or (b) by presenting, in writing or otherwise, to the county
7clerk or board of election commissioners, as the case may be,
8proof that the applicant has secured an Illinois Disabled
9Person Identification Card indicating that the person named
10thereon has a Class 1A or Class 2 disability. Upon the receipt
11of either the sworn-to application and the physician's
12affidavit or proof that the applicant has secured an Illinois
13Disabled Person Identification Card indicating that the person
14named thereon has a Class 1A or Class 2 disability, the county
15clerk or board of election commissioners shall issue a disabled
16voter's or nursing home resident's identification card. Such
17identification cards shall be issued for a period of 5 years,
18upon the expiration of which time the voter may secure a new
19card by making application in the same manner as is prescribed
20for the issuance of an original card, accompanied by a new
21affidavit of the attending physician. The date of expiration of
22such five-year period shall be made known to any interested
23person by the election authority upon the request of such
24person. Applications for the renewal of the identification
25cards shall be mailed to the voters holding such cards not less
26than 3 months prior to the date of expiration of the cards.

 

 

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1    Each disabled voter's or nursing home resident's
2identification card shall bear an identification number, which
3shall be clearly noted on the voter's original and duplicate
4registration record cards. In the event the holder becomes
5physically capable of resuming normal voting, he must surrender
6his disabled voter's or nursing home resident's identification
7card to the county clerk or board of election commissioners
8before the next election.
9    The holder of a disabled voter's or nursing home resident's
10identification card may make application by mail for an
11official ballot within the time prescribed by Section 19-2.
12Such application shall contain the same information as is
13included in the form of application for ballot by a physically
14incapacitated elector prescribed in Section 19-3 except that it
15shall also include the applicant's disabled voter's
16identification card number and except that it need not be sworn
17to. If an examination of the records discloses that the
18applicant is lawfully entitled to vote, he shall be mailed a
19ballot as provided in Section 19-4. The ballot envelope shall
20be the same as that prescribed in Section 19-5 for physically
21disabled voters, and the manner of voting and returning the
22ballot shall be the same as that provided in this Article for
23other absentee ballots, except that a statement to be
24subscribed to by the voter but which need not be sworn to shall
25be placed on the ballot envelope in lieu of the affidavit
26prescribed by Section 19-5.

 

 

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1    Any person who knowingly subscribes to a false statement in
2connection with voting under this Section shall be guilty of a
3Class A misdemeanor.
4    For the purposes of this Section, "nursing home resident"
5includes a resident of a facility licensed under the MR/DD
6Community Care Act.
7(Source: P.A. 96-339, eff. 7-1-10.)
 
8    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
9    Sec. 19-12.2. Voting by physically incapacitated electors
10who have made proper application to the election authority not
11later than 5 days before the regular primary and general
12election of 1980 and before each election thereafter shall be
13conducted on the premises of facilities licensed or certified
14pursuant to the Nursing Home Care Act or the ID/DD MR/DD
15Community Care Act for the sole benefit of residents of such
16facilities. Such voting shall be conducted during any
17continuous period sufficient to allow all applicants to cast
18their ballots between the hours of 9 a.m. and 7 p.m. either on
19the Friday, Saturday, Sunday or Monday immediately preceding
20the regular election. This absentee voting on one of said days
21designated by the election authority shall be supervised by two
22election judges who must be selected by the election authority
23in the following order of priority: (1) from the panel of
24judges appointed for the precinct in which such facility is
25located, or from a panel of judges appointed for any other

 

 

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1precinct within the jurisdiction of the election authority in
2the same ward or township, as the case may be, in which the
3facility is located or, only in the case where a judge or
4judges from the precinct, township or ward are unavailable to
5serve, (3) from a panel of judges appointed for any other
6precinct within the jurisdiction of the election authority. The
7two judges shall be from different political parties. Not less
8than 30 days before each regular election, the election
9authority shall have arranged with the chief administrative
10officer of each facility in his or its election jurisdiction a
11mutually convenient time period on the Friday, Saturday, Sunday
12or Monday immediately preceding the election for such voting on
13the premises of the facility and shall post in a prominent
14place in his or its office a notice of the agreed day and time
15period for conducting such voting at each facility; provided
16that the election authority shall not later than noon on the
17Thursday before the election also post the names and addresses
18of those facilities from which no applications were received
19and in which no supervised absentee voting will be conducted.
20All provisions of this Code applicable to pollwatchers shall be
21applicable herein. To the maximum extent feasible, voting
22booths or screens shall be provided to insure the privacy of
23the voter. Voting procedures shall be as described in Article
2417 of this Code, except that ballots shall be treated as
25absentee ballots and shall not be counted until the close of
26the polls on the following day. After the last voter has

 

 

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1concluded voting, the judges shall seal the ballots in an
2envelope and affix their signatures across the flap of the
3envelope. Immediately thereafter, the judges shall bring the
4sealed envelope to the office of the election authority who
5shall deliver such ballots to the election authority's central
6ballot counting location prior to the closing of the polls on
7the day of election. The judges of election shall also report
8to the election authority the name of any applicant in the
9facility who, due to unforeseen circumstance or condition or
10because of a religious holiday, was unable to vote. In this
11event, the election authority may appoint a qualified person
12from his or its staff to deliver the ballot to such applicant
13on the day of election. This staff person shall follow the same
14procedures prescribed for judges conducting absentee voting in
15such facilities and shall return the ballot to the central
16ballot counting location before the polls close. However, if
17the facility from which the application was made is also used
18as a regular precinct polling place for that voter, voting
19procedures heretofore prescribed may be implemented by 2 of the
20election judges of opposite party affiliation assigned to that
21polling place during the hours of voting on the day of the
22election. Judges of election shall be compensated not less than
23$25.00 for conducting absentee voting in such facilities.
24    Not less than 120 days before each regular election, the
25Department of Public Health shall certify to the State Board of
26Elections a list of the facilities licensed or certified

 

 

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1pursuant to the Nursing Home Care Act or the ID/DD MR/DD
2Community Care Act, and shall indicate the approved bed
3capacity and the name of the chief administrative officer of
4each such facility, and the State Board of Elections shall
5certify the same to the appropriate election authority within
620 days thereafter.
7(Source: P.A. 96-339, eff. 7-1-10.)
 
8    Section 10. The Secretary of State Merit Employment Code is
9amended by changing Section 18c as follows:
 
10    (15 ILCS 310/18c)  (from Ch. 124, par. 118c)
11    Sec. 18c. Supported employees.
12    (a) The Director shall develop and implement a supported
13employment program. It shall be the goal of the program to
14appoint a minimum of 10 supported employees to Secretary of
15State positions before June 30, 1992.
16    (b) The Director shall designate a liaison to work with
17State agencies and departments under the jurisdiction of the
18Secretary of State and any funder or provider or both in the
19implementation of a supported employment program.
20    (c) As used in this Section:
21        (1) "Supported employee" means any individual who:
22            (A) has a severe physical or mental disability
23        which seriously limits functional capacities including
24        but not limited to mobility, communication, self-care,

 

 

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1        self-direction, work tolerance or work skills, in
2        terms of employability as defined, determined and
3        certified by the Department of Human Services; and
4            (B) has one or more physical or mental disabilities
5        resulting from amputation; arthritis; blindness;
6        cancer; cerebral palsy; cystic fibrosis; deafness;
7        heart disease; hemiplegia; respiratory or pulmonary
8        dysfunction; an intellectual disability mental
9        retardation; mental illness; multiple sclerosis;
10        muscular dystrophy; musculoskeletal disorders;
11        neurological disorders, including stroke and epilepsy;
12        paraplegia; quadriplegia and other spinal cord
13        conditions; sickle cell anemia; and end-stage renal
14        disease; or another disability or combination of
15        disabilities determined on the basis of an evaluation
16        of rehabilitation potential to cause comparable
17        substantial functional limitation.
18        (2) "Supported employment" means competitive work in
19    integrated work settings:
20            (A) for individuals with severe handicaps for whom
21        competitive employment has not traditionally occurred,
22        or
23            (B) for individuals for whom competitive
24        employment has been interrupted or intermittent as a
25        result of a severe disability, and who because of their
26        handicap, need on-going support services to perform

 

 

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1        such work. The term includes transitional employment
2        for individuals with chronic mental illness.
3        (3) "Participation in a supported employee program"
4    means participation as a supported employee that is not
5    based on the expectation that an individual will have the
6    skills to perform all the duties in a job class, but on the
7    assumption that with support and adaptation, or both, a job
8    can be designed to take advantage of the supported
9    employee's special strengths.
10        (4) "Funder" means any entity either State, local or
11    federal, or private not-for-profit or for-profit that
12    provides monies to programs that provide services related
13    to supported employment.
14        (5) "Provider" means any entity either public or
15    private that provides technical support and services to any
16    department or agency subject to the control of the
17    Governor, the Secretary of State or the University Civil
18    Service System.
19    (d) The Director shall establish job classifications for
20supported employees who may be appointed into the
21classifications without open competitive testing requirements.
22Supported employees shall serve in a trial employment capacity
23for not less than 3 or more than 12 months.
24    (e) The Director shall maintain a record of all individuals
25hired as supported employees. The record shall include:
26        (1) the number of supported employees initially

 

 

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1    appointed;
2        (2) the number of supported employees who successfully
3    complete the trial employment periods; and
4        (3) the number of permanent targeted positions by
5    titles.
6    (f) The Director shall submit an annual report to the
7General Assembly regarding the employment progress of
8supported employees, with recommendations for legislative
9action.
10(Source: P.A. 89-507, eff. 7-1-97.)
 
11    Section 15. The Illinois Identification Card Act is amended
12by changing Section 4A as follows:
 
13    (15 ILCS 335/4A)  (from Ch. 124, par. 24A)
14    Sec. 4A. (a) "Disabled person" as used in this Act means
15any person who is, and who is expected to indefinitely continue
16to be, subject to any of the following five types of
17disabilities:
18    Type One: Physical disability. A physical disability is a
19physical impairment, disease, or loss, which is of a permanent
20nature, and which substantially impairs normal physical
21ability or motor skills. The Secretary of State shall establish
22standards not inconsistent with this provision necessary to
23determine the presence of a physical disability.
24    Type Two: Developmental disability. A developmental

 

 

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1disability is a disability which originates before the age of
218 years, and results in or has resulted in impairment similar
3to that caused by an intellectual disability mental retardation
4and which requires services similar to those required by
5intellectually disabled mentally retarded persons and which is
6attributable to an intellectual disability mental retardation,
7cerebral palsy, epilepsy, autism, or other conditions or
8similar disorders. The Secretary of State shall establish
9standards not inconsistent with this provision necessary to
10determine the presence of a developmental disability.
11    Type Three: Visual disability. A visual disability is a
12disability resulting in complete absence of vision, or vision
13that with corrective glasses is so defective as to prevent
14performance of tasks or activities for which eyesight is
15essential. The Secretary of State shall establish standards not
16inconsistent with this Section necessary to determine the
17presence of a visual disability.
18    Type Four: Hearing disability. A hearing disability is a
19disability resulting in complete absence of hearing, or hearing
20that with sound enhancing or magnifying equipment is so
21impaired as to require the use of sensory input other than
22hearing as the principal means of receiving spoken language.
23The Secretary of State shall establish standards not
24inconsistent with this Section necessary to determine the
25presence of a hearing disability.
26    Type Five: Mental Disability. A mental disability is an

 

 

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1emotional or psychological impairment or disease, which
2substantially impairs the ability to meet individual or
3societal needs. The Secretary of State shall establish
4standards not inconsistent with this provision necessary to
5determine the presence of a mental disability.
6    (b) For purposes of this Act, a disability shall be
7classified as follows: Class 1 disability: A Class 1 disability
8is any type disability which does not render a person unable to
9engage in any substantial gainful activity or which does not
10impair his ability to live independently or to perform labor or
11services for which he is qualified. The Secretary of State
12shall establish standards not inconsistent with this Section
13necessary to determine the presence of a Class 1 disability.
14Class 1A disability: A Class 1A disability is a Class 1
15disability which renders a person unable to walk 200 feet or
16more unassisted by another person or without the aid of a
17walker, crutches, braces, prosthetic device or a wheelchair or
18without great difficulty or discomfort due to the following
19impairments: neurologic, orthopedic, respiratory, cardiac,
20arthritic disorder, or the loss of function or absence of a
21limb or limbs. The Secretary of State shall establish standards
22not inconsistent with this Section necessary to determine the
23presence of a Class 1A disability. Class 2 disability: A Class
242 disability is any type disability which renders a person
25unable to engage in any substantial gainful activity, which
26substantially impairs his ability to live independently

 

 

09700SB1833sam001- 40 -LRB097 07747 KTG 51610 a

1without supervision or in-home support services, or which
2substantially impairs his ability to perform labor or services
3for which he is qualified or significantly restricts the labor
4or services which he is able to perform. The Secretary of State
5shall establish standards not inconsistent with this Section
6necessary to determine the presence of a Class 2 disability.
7Class 2A disability: A Class 2A disability is a Class 2
8disability which renders a person unable to walk 200 feet or
9more unassisted by another person or without the aid of a
10walker, crutches, braces, prosthetic device or a wheelchair or
11without great difficulty or discomfort due to the following
12impairments: neurologic, orthopedic, respiratory, cardiac,
13arthritic disorder, blindness, or the loss of function or
14absence of a limb or limbs. The Secretary of State shall
15establish standards not inconsistent with this Section
16necessary to determine the presence of a Class 2A disability.
17(Source: P.A. 85-354.)
 
18    Section 17. The Illinois Act on the Aging is amended by
19changing Section 4.08 as follows:
 
20    (20 ILCS 105/4.08)
21    Sec. 4.08. Rural and small town meals program. Subject to
22appropriation, the Department may establish a program to ensure
23the availability of congregate or home-delivered meals in
24communities with populations of under 5,000 that are not

 

 

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1located within the large urban counties of Cook, DuPage, Kane,
2Lake, or Will.
3    The Department may meet these requirements by entering into
4agreements with Area Agencies on Aging or Department designees,
5which shall in turn enter into grants or contractual agreements
6with such local entities as restaurants, cafes, churches,
7facilities licensed under the Nursing Home Care Act, the ID/DD
8MR/DD Community Care Act, the Assisted Living and Shared
9Housing Act, or the Hospital Licensing Act, facilities
10certified by the Department of Healthcare and Family Services,
11senior centers, or Older American Act designated nutrition
12service providers.
13    First consideration shall be given to entities that can
14cost effectively meet the needs of seniors in the community by
15preparing the food locally.
16    In no instance shall funds provided pursuant to this
17Section be used to replace funds allocated to a given area or
18program as of the effective date of this amendatory Act of the
1995th General Assembly.
20    The Department shall establish guidelines and standards by
21administrative rule, which shall include submission of an
22expenditure plan by the recipient of the funds.
23(Source: P.A. 95-68, eff. 8-13-07; 95-876, eff. 8-21-08;
2496-339, eff. 7-1-10.)
 
25    Section 20. The Mental Health and Developmental

 

 

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1Disabilities Administrative Act is amended by changing
2Sections 7, 15, 34, 43, 45, 46, and 57.6 as follows:
 
3    (20 ILCS 1705/7)  (from Ch. 91 1/2, par. 100-7)
4    Sec. 7. To receive and provide the highest possible quality
5of humane and rehabilitative care and treatment to all persons
6admitted or committed or transferred in accordance with law to
7the facilities, divisions, programs, and services under the
8jurisdiction of the Department. No resident of another state
9shall be received or retained to the exclusion of any resident
10of this State. No resident of another state shall be received
11or retained to the exclusion of any resident of this State. All
12recipients of 17 years of age and under in residence in a
13Department facility other than a facility for the care of the
14intellectually disabled mentally retarded shall be housed in
15quarters separated from older recipients except for: (a)
16recipients who are placed in medical-surgical units because of
17physical illness; and (b) recipients between 13 and 18 years of
18age who need temporary security measures.
19    All recipients in a Department facility shall be given a
20dental examination by a licensed dentist or registered dental
21hygienist at least once every 18 months and shall be assigned
22to a dentist for such dental care and treatment as is
23necessary.
24    All medications administered to recipients shall be
25administered only by those persons who are legally qualified to

 

 

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1do so by the laws of the State of Illinois. Medication shall
2not be prescribed until a physical and mental examination of
3the recipient has been completed. If, in the clinical judgment
4of a physician, it is necessary to administer medication to a
5recipient before the completion of the physical and mental
6examination, he may prescribe such medication but he must file
7a report with the facility director setting forth the reasons
8for prescribing such medication within 24 hours of the
9prescription. A copy of the report shall be part of the
10recipient's record.
11    No later than January 1, 2005, the Department shall adopt a
12model protocol and forms for recording all patient diagnosis,
13care, and treatment at each State-operated facility for the
14mentally ill and developmentally disabled under the
15jurisdiction of the Department. The model protocol and forms
16shall be used by each facility unless the Department determines
17that equivalent alternatives justify an exemption.
18    Every facility under the jurisdiction of the Department
19shall maintain a copy of each report of suspected abuse or
20neglect of the patient. Copies of those reports shall be made
21available to the State Auditor General in connection with his
22biennial program audit of the facility as required by Section
233-2 of the Illinois State Auditing Act.
24    No later than January 1 2004, the Department shall report
25to the Governor and the General Assembly whether each
26State-operated facility for the mentally ill and

 

 

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1developmentally disabled under the jurisdiction of the
2Department and all services provided in those facilities comply
3with all of the applicable standards adopted by the Social
4Security Administration under Subchapter XVIII (Medicare) of
5the Social Security Act (42 U.S.C. 1395-1395ccc), if the
6facility and services may be eligible for federal financial
7participation under that federal law. For those facilities that
8do comply, the report shall indicate what actions need to be
9taken to ensure continued compliance. For those facilities that
10do not comply, the report shall indicate what actions need to
11be taken to bring each facility into compliance.
12(Source: P.A. 93-636, eff. 6-1-04.)
 
13    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
14    Sec. 15. Before any person is released from a facility
15operated by the State pursuant to an absolute discharge or a
16conditional discharge from hospitalization under this Act, the
17facility director of the facility in which such person is
18hospitalized shall determine that such person is not currently
19in need of hospitalization and:
20        (a) is able to live independently in the community; or
21        (b) requires further oversight and supervisory care
22    for which arrangements have been made with responsible
23    relatives or supervised residential program approved by
24    the Department; or
25        (c) requires further personal care or general

 

 

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1    oversight as defined by the ID/DD MR/DD Community Care Act,
2    for which placement arrangements have been made with a
3    suitable family home or other licensed facility approved by
4    the Department under this Section; or
5        (d) requires community mental health services for
6    which arrangements have been made with a community mental
7    health provider in accordance with criteria, standards,
8    and procedures promulgated by rule.
9    Such determination shall be made in writing and shall
10become a part of the facility record of such absolutely or
11conditionally discharged person. When the determination
12indicates that the condition of the person to be granted an
13absolute discharge or a conditional discharge is described
14under subparagraph (c) or (d) of this Section, the name and
15address of the continuing care facility or home to which such
16person is to be released shall be entered in the facility
17record. Where a discharge from a mental health facility is made
18under subparagraph (c), the Department shall assign the person
19so discharged to an existing community based not-for-profit
20agency for participation in day activities suitable to the
21person's needs, such as but not limited to social and
22vocational rehabilitation, and other recreational, educational
23and financial activities unless the community based
24not-for-profit agency is unqualified to accept such
25assignment. Where the clientele of any not-for-profit agency
26increases as a result of assignments under this amendatory Act

 

 

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1of 1977 by more than 3% over the prior year, the Department
2shall fully reimburse such agency for the costs of providing
3services to such persons in excess of such 3% increase. The
4Department shall keep written records detailing how many
5persons have been assigned to a community based not-for-profit
6agency and how many persons were not so assigned because the
7community based agency was unable to accept the assignments, in
8accordance with criteria, standards, and procedures
9promulgated by rule. Whenever a community based agency is found
10to be unable to accept the assignments, the name of the agency
11and the reason for the finding shall be included in the report.
12    Insofar as desirable in the interests of the former
13recipient, the facility, program or home in which the
14discharged person is to be placed shall be located in or near
15the community in which the person resided prior to
16hospitalization or in the community in which the person's
17family or nearest next of kin presently reside. Placement of
18the discharged person in facilities, programs or homes located
19outside of this State shall not be made by the Department
20unless there are no appropriate facilities, programs or homes
21available within this State. Out-of-state placements shall be
22subject to return of recipients so placed upon the availability
23of facilities, programs or homes within this State to
24accommodate these recipients, except where placement in a
25contiguous state results in locating a recipient in a facility
26or program closer to the recipient's home or family. If an

 

 

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1appropriate facility or program becomes available equal to or
2closer to the recipient's home or family, the recipient shall
3be returned to and placed at the appropriate facility or
4program within this State.
5    To place any person who is under a program of the
6Department at board in a suitable family home or in such other
7facility or program as the Department may consider desirable.
8The Department may place in licensed nursing homes, sheltered
9care homes, or homes for the aged those persons whose
10behavioral manifestations and medical and nursing care needs
11are such as to be substantially indistinguishable from persons
12already living in such facilities. Prior to any placement by
13the Department under this Section, a determination shall be
14made by the personnel of the Department, as to the capability
15and suitability of such facility to adequately meet the needs
16of the person to be discharged. When specialized programs are
17necessary in order to enable persons in need of supervised
18living to develop and improve in the community, the Department
19shall place such persons only in specialized residential care
20facilities which shall meet Department standards including
21restricted admission policy, special staffing and programming
22for social and vocational rehabilitation, in addition to the
23requirements of the appropriate State licensing agency. The
24Department shall not place any new person in a facility the
25license of which has been revoked or not renewed on grounds of
26inadequate programming, staffing, or medical or adjunctive

 

 

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1services, regardless of the pendency of an action for
2administrative review regarding such revocation or failure to
3renew. Before the Department may transfer any person to a
4licensed nursing home, sheltered care home or home for the aged
5or place any person in a specialized residential care facility
6the Department shall notify the person to be transferred, or a
7responsible relative of such person, in writing, at least 30
8days before the proposed transfer, with respect to all the
9relevant facts concerning such transfer, except in cases of
10emergency when such notice is not required. If either the
11person to be transferred or a responsible relative of such
12person objects to such transfer, in writing to the Department,
13at any time after receipt of notice and before the transfer,
14the facility director of the facility in which the person was a
15recipient shall immediately schedule a hearing at the facility
16with the presence of the facility director, the person who
17objected to such proposed transfer, and a psychiatrist who is
18familiar with the record of the person to be transferred. Such
19person to be transferred or a responsible relative may be
20represented by such counsel or interested party as he may
21appoint, who may present such testimony with respect to the
22proposed transfer. Testimony presented at such hearing shall
23become a part of the facility record of the
24person-to-be-transferred. The record of testimony shall be
25held in the person-to-be-transferred's record in the central
26files of the facility. If such hearing is held a transfer may

 

 

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1only be implemented, if at all, in accordance with the results
2of such hearing. Within 15 days after such hearing the facility
3director shall deliver his findings based on the record of the
4case and the testimony presented at the hearing, by registered
5or certified mail, to the parties to such hearing. The findings
6of the facility director shall be deemed a final administrative
7decision of the Department. For purposes of this Section, "case
8of emergency" means those instances in which the health of the
9person to be transferred is imperiled and the most appropriate
10mental health care or medical care is available at a licensed
11nursing home, sheltered care home or home for the aged or a
12specialized residential care facility.
13    Prior to placement of any person in a facility under this
14Section the Department shall ensure that an appropriate
15training plan for staff is provided by the facility. Said
16training may include instruction and demonstration by
17Department personnel qualified in the area of mental illness or
18intellectual disabilities mental retardation, as applicable to
19the person to be placed. Training may be given both at the
20facility from which the recipient is transferred and at the
21facility receiving the recipient, and may be available on a
22continuing basis subsequent to placement. In a facility
23providing services to former Department recipients, training
24shall be available as necessary for facility staff. Such
25training will be on a continuing basis as the needs of the
26facility and recipients change and further training is

 

 

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1required.
2    The Department shall not place any person in a facility
3which does not have appropriately trained staff in sufficient
4numbers to accommodate the recipient population already at the
5facility. As a condition of further or future placements of
6persons, the Department shall require the employment of
7additional trained staff members at the facility where said
8persons are to be placed. The Secretary, or his or her
9designate, shall establish written guidelines for placement of
10persons in facilities under this Act. The Department shall keep
11written records detailing which facilities have been
12determined to have staff who have been appropriately trained by
13the Department and all training which it has provided or
14required under this Section.
15    Bills for the support for a person boarded out shall be
16payable monthly out of the proper maintenance funds and shall
17be audited as any other accounts of the Department. If a person
18is placed in a facility or program outside the Department, the
19Department may pay the actual costs of residence, treatment or
20maintenance in such facility and may collect such actual costs
21or a portion thereof from the recipient or the estate of a
22person placed in accordance with this Section.
23    Other than those placed in a family home the Department
24shall cause all persons who are placed in a facility, as
25defined by the ID/DD MR/DD Community Care Act, or in designated
26community living situations or programs, to be visited at least

 

 

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1once during the first month following placement, and once every
2month thereafter for the first year following placement when
3indicated, but at least quarterly. After the first year, the
4Department shall determine at what point the appropriate
5licensing entity for the facility or designated community
6living situation or program will assume the responsibility of
7ensuring that appropriate services are being provided to the
8resident. Once that responsibility is assumed, the Department
9may discontinue such visits. If a long term care facility has
10periodic care plan conferences, the visitor may participate in
11those conferences, if such participation is approved by the
12resident or the resident's guardian. Visits shall be made by
13qualified and trained Department personnel, or their designee,
14in the area of mental health or developmental disabilities
15applicable to the person visited, and shall be made on a more
16frequent basis when indicated. The Department may not use as
17designee any personnel connected with or responsible to the
18representatives of any facility in which persons who have been
19transferred under this Section are placed. In the course of
20such visit there shall be consideration of the following areas,
21but not limited thereto: effects of transfer on physical and
22mental health of the person, sufficiency of nursing care and
23medical coverage required by the person, sufficiency of staff
24personnel and ability to provide basic care for the person,
25social, recreational and programmatic activities available for
26the person, and other appropriate aspects of the person's

 

 

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1environment.
2    A report containing the above observations shall be made to
3the Department, to the licensing agency, and to any other
4appropriate agency subsequent to each visitation. The report
5shall contain recommendations to improve the care and treatment
6of the resident, as necessary, which shall be reviewed by the
7facility's interdisciplinary team and the resident or the
8resident's legal guardian.
9    Upon the complaint of any person placed in accordance with
10this Section or any responsible citizen or upon discovery that
11such person has been abused, neglected, or improperly cared
12for, or that the placement does not provide the type of care
13required by the recipient's current condition, the Department
14immediately shall investigate, and determine if the
15well-being, health, care, or safety of any person is affected
16by any of the above occurrences, and if any one of the above
17occurrences is verified, the Department shall remove such
18person at once to a facility of the Department or to another
19facility outside the Department, provided such person's needs
20can be met at said facility. The Department may also provide
21any person placed in accordance with this Section who is
22without available funds, and who is permitted to engage in
23employment outside the facility, such sums for the
24transportation, and other expenses as may be needed by him
25until he receives his wages for such employment.
26    The Department shall promulgate rules and regulations

 

 

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1governing the purchase of care for persons who are wards of or
2who are receiving services from the Department. Such rules and
3regulations shall apply to all monies expended by any agency of
4the State of Illinois for services rendered by any person,
5corporate entity, agency, governmental agency or political
6subdivision whether public or private outside of the Department
7whether payment is made through a contractual, per-diem or
8other arrangement. No funds shall be paid to any person,
9corporation, agency, governmental entity or political
10subdivision without compliance with such rules and
11regulations.
12    The rules and regulations governing purchase of care shall
13describe categories and types of service deemed appropriate for
14purchase by the Department.
15    Any provider of services under this Act may elect to
16receive payment for those services, and the Department is
17authorized to arrange for that payment, by means of direct
18deposit transmittals to the service provider's account
19maintained at a bank, savings and loan association, or other
20financial institution. The financial institution shall be
21approved by the Department, and the deposits shall be in
22accordance with rules and regulations adopted by the
23Department.
24(Source: P.A. 96-339, eff. 7-1-10.)
 
25    (20 ILCS 1705/34)  (from Ch. 91 1/2, par. 100-34)

 

 

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1    Sec. 34. To make grants-in-aid to community clinics and
2agencies for psychiatric or clinical services, training,
3research and other mental health, intellectual disabilities
4mental retardation and other developmental disabilities
5programs, for persons of all ages including those aged 3 to 21.
6    In addition to other standards and procedures governing the
7disbursement of grants-in-aid implemented under this Section,
8the Secretary shall require that each application for such aid
9submitted by public agencies or public clinics with respect to
10services to be provided by a municipality with a population of
11500,000 or more shall include review and comment by a community
12mental health board that is organized under local authority and
13broadly representative of the geographic, social, cultural,
14and economic interests of the area to be served, and which
15includes persons who are professionals in the field of mental
16health, consumers of services or representative of the general
17public. Within planning and service areas designated by the
18Secretary where more than one clinic or agency applies under
19this paragraph, each application shall be reviewed by a single
20community mental health board that is representative of the
21areas to be served by each clinic or agency.
22    The Secretary may authorize advance disbursements to any
23clinic or agency that has been awarded a grant-in-aid, provided
24that the Secretary shall, within 30 days before the making of
25such disbursement, certify to the Comptroller that (a) the
26provider is eligible to receive that disbursement, and (b) the

 

 

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1disbursement is made as compensation for services to be
2rendered within 60 days of that certification.
3(Source: P.A. 89-507, eff. 7-1-97.)
 
4    (20 ILCS 1705/43)  (from Ch. 91 1/2, par. 100-43)
5    Sec. 43. To provide habilitation and care for the
6intellectually disabled mentally retarded and persons with a
7developmental disability and counseling for their families in
8accordance with programs established and conducted by the
9Department.
10    In assisting families to place such persons in need of care
11in licensed facilities for the intellectually disabled
12mentally retarded and persons with a developmental disability,
13the Department may supplement the amount a family is able to
14pay, as determined by the Department in accordance with
15Sections 5-105 through 5-116 of the "Mental Health and
16Developmental Disabilities Code" as amended, and the amount
17available from other sources. The Department shall have the
18authority to determine eligibility for placement of a person in
19a private facility.
20    Whenever an intellectually disabled a mentally retarded
21person or a client is placed in a private facility pursuant to
22this Section, such private facility must give the Department
23and the person's guardian or nearest relative, at least 30
24days' notice in writing before such person may be discharged or
25transferred from the private facility, except in an emergency.

 

 

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1(Source: P.A. 90-14, eff. 7-1-97.)
 
2    (20 ILCS 1705/45)  (from Ch. 91 1/2, par. 100-45)
3    Sec. 45. The following Acts are repealed:
4    "An Act to provide for the establishment and maintenance of
5services and facilities for severely physically handicapped
6children", approved June 29, 1945.
7    "An Act in relation to the visitation, instruction, and
8rehabilitation of major visually handicapped persons and to
9repeal acts herein named", approved July 21, 1959.
10    "An Act in relation to the rehabilitation of physically
11handicapped persons", approved June 28, 1919.
12    "An Act for the treatment, care and maintenance of persons
13mentally ill or in need of mental treatment who are inmates of
14the Illinois Soldiers' and Sailors' Home", approved June 15,
151895, as amended.
16    "An Act to establish and maintain a home for the disabled
17mothers, wives, widows and daughters of disabled or deceased
18soldiers in the State of Illinois, and to provide for the
19purchase and maintenance thereof", approved June 13, 1895, as
20amended.
21    "An Act to establish and maintain a Soldiers' and Sailors'
22Home in the State of Illinois, and making an appropriation for
23the purchase of land and the construction of the necessary
24buildings", approved June 26, 1885, as amended.
25    "An Act in relation to the disposal of certain funds and

 

 

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1property which now are or hereafter may be in the custody of
2the managing officer of the Illinois Soldiers' and Sailors'
3Home at Quincy", approved June 24, 1921.
4    "An Act in relation to the establishment in the Department
5of Public Welfare of a Division to be known as the Institute
6for Juvenile Research and to define its powers and duties",
7approved July 16, 1941.
8    "An Act to provide for the establishment, maintenance and
9operation of the Southern Illinois Children's Service Center",
10approved August 2, 1951.
11    "An Act to change the name of the Illinois Charitable Eye
12and Ear Infirmary", approved June 27, 1923.
13    "An Act to establish and provide for the conduct of an
14institution for the care and custody of persons of unsound or
15feeble mind, to be known as the Illinois Security Hospital, and
16to designate the classes of persons to be confined therein",
17approved June 30, 1933, as amended.
18    Sections one through 27 and Sections 29 through 34 of "An
19Act to revise the laws relating to charities", approved June
2011, 1912, as amended.
21    "An Act creating a Division of Alcoholism in the Department
22of Public Welfare, defining its rights, powers and duties, and
23making an appropriation therefor", approved July 5, 1957.
24    "An Act to establish in the Department of Public Welfare a
25Psychiatric Training and Research Authority", approved July
2614, 1955.

 

 

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1    "An Act creating the Advisory Board on Intellectual
2Disabilities Mental Retardation in the Department of Public
3Welfare, defining its powers and duties and making an
4appropriation therefor", approved July 17, 1959.
5    "An Act to provide for the construction, equipment, and
6operation of a psychiatric institute state hospital to promote
7and advance knowledge, through research, in the causes and
8treatment of mental illness; to train competent psychiatric
9personnel available for service in the state hospitals and
10elsewhere; and to contribute to meeting the need for treatment
11for mentally ill patients", approved June 30, 1953, as amended.
12    "An Act in relation to the disposal of certain funds and
13property paid to, or received by, the officials of the State
14institutions under the direction and supervision of the
15Department of Public Welfare", approved June 10, 1929.
16    "An Act to require professional persons having patients
17with major visual limitations to report information regarding
18such cases to the Department of Public Welfare and to authorize
19the Department to inform such patients of services and training
20available," approved July 5, 1957.
21    Sections 3, 4, 5, 5a, 6, 22, 24, 25, 26 of "An Act to
22regulate the state charitable institutions and the state reform
23school, and to improve their organization and increase their
24efficiency," approved April 15, 1875.
25(Source: Laws 1961, p. 2666.)
 

 

 

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1    (20 ILCS 1705/46)  (from Ch. 91 1/2, par. 100-46)
2    Sec. 46. Separation between the sexes shall be maintained
3relative to sleeping quarters in each facility under the
4jurisdiction of the Department, except in relation to quarters
5for intellectually disabled mentally retarded children under
6age 6 and quarters for severely-profoundly intellectually
7disabled mentally retarded persons and nonambulatory
8intellectually disabled mentally retarded persons, regardless
9of age.
10(Source: P.A. 85-971.)
 
11    (20 ILCS 1705/57.6)
12    Sec. 57.6. Adult autism; funding for services. Subject to
13appropriations, the Department, or independent contractual
14consultants engaged by the Department, shall research possible
15funding streams for the development and implementation of
16services for adults with autism spectrum disorders without an
17intellectual disability mental retardation. Independent
18consultants must have expertise in Medicaid services and
19alternative federal and State funding mechanisms. The research
20may include, but need not be limited to, research of a Medicaid
21state plan amendment, a Section 1915(c) home and community
22based waiver, a Section 1115 research and demonstration waiver,
23vocational rehabilitation funding, mental health block grants,
24and other appropriate funding sources. The Department shall
25report the results of the research and its recommendations to

 

 

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1the Governor and the General Assembly by April 1, 2008.
2(Source: P.A. 95-106, eff. 1-1-08.)
 
3    Section 22. The Civil Administrative Code of Illinois is
4amended by changing Sections 2310-550, 2310-560, 2310-565, and
52310-625 as follows:
 
6    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)
7    Sec. 2310-550. Long-term care facilities. The Department
8may perform, in all long-term care facilities as defined in the
9Nursing Home Care Act and all facilities as defined in the
10ID/DD MR/DD Community Care Act, all inspection, evaluation,
11certification, and inspection of care duties that the federal
12government may require the State of Illinois to perform or have
13performed as a condition of participation in any programs under
14Title XVIII or Title XIX of the federal Social Security Act.
15(Source: P.A. 96-339, eff. 7-1-10.)
 
16    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)
17    Sec. 2310-560. Advisory committees concerning construction
18of facilities.
19    (a) The Director shall appoint an advisory committee. The
20committee shall be established by the Department by rule. The
21Director and the Department shall consult with the advisory
22committee concerning the application of building codes and
23Department rules related to those building codes to facilities

 

 

09700SB1833sam001- 61 -LRB097 07747 KTG 51610 a

1under the Ambulatory Surgical Treatment Center Act, the Nursing
2Home Care Act, and the ID/DD MR/DD Community Care Act.
3    (b) The Director shall appoint an advisory committee to
4advise the Department and to conduct informal dispute
5resolution concerning the application of building codes for new
6and existing construction and related Department rules and
7standards under the Hospital Licensing Act, including without
8limitation rules and standards for (i) design and construction,
9(ii) engineering and maintenance of the physical plant, site,
10equipment, and systems (heating, cooling, electrical,
11ventilation, plumbing, water, sewer, and solid waste
12disposal), and (iii) fire and safety. The advisory committee
13shall be composed of all of the following members:
14        (1) The chairperson or an elected representative from
15    the Hospital Licensing Board under the Hospital Licensing
16    Act.
17        (2) Two health care architects with a minimum of 10
18    years of experience in institutional design and building
19    code analysis.
20        (3) Two engineering professionals (one mechanical and
21    one electrical) with a minimum of 10 years of experience in
22    institutional design and building code analysis.
23        (4) One commercial interior design professional with a
24    minimum of 10 years of experience.
25        (5) Two representatives from provider associations.
26        (6) The Director or his or her designee, who shall

 

 

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1    serve as the committee moderator.
2    Appointments shall be made with the concurrence of the
3Hospital Licensing Board. The committee shall submit
4recommendations concerning the application of building codes
5and related Department rules and standards to the Hospital
6Licensing Board for review and comment prior to submission to
7the Department. The committee shall submit recommendations
8concerning informal dispute resolution to the Director. The
9Department shall provide per diem and travel expenses to the
10committee members.
11(Source: P.A. 96-339, eff. 7-1-10.)
 
12    (20 ILCS 2310/2310-565)  (was 20 ILCS 2310/55.88)
13    Sec. 2310-565. Facility construction training program. The
14Department shall conduct, at least annually, a joint in-service
15training program for architects, engineers, interior
16designers, and other persons involved in the construction of a
17facility under the Ambulatory Surgical Treatment Center Act,
18the Nursing Home Care Act, the ID/DD MR/DD Community Care Act,
19or the Hospital Licensing Act on problems and issues relating
20to the construction of facilities under any of those Acts.
21(Source: P.A. 96-339, eff. 7-1-10.)
 
22    (20 ILCS 2310/2310-625)
23    Sec. 2310-625. Emergency Powers.
24    (a) Upon proclamation of a disaster by the Governor, as

 

 

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1provided for in the Illinois Emergency Management Agency Act,
2the Director of Public Health shall have the following powers,
3which shall be exercised only in coordination with the Illinois
4Emergency Management Agency and the Department of Financial and
5Professional Regulation:
6        (1) The power to suspend the requirements for temporary
7    or permanent licensure or certification of persons who are
8    licensed or certified in another state and are working
9    under the direction of the Illinois Emergency Management
10    Agency and the Illinois Department of Public Health
11    pursuant to the declared disaster.
12        (2) The power to modify the scope of practice
13    restrictions under the Emergency Medical Services (EMS)
14    Systems Act for any persons who are licensed under that Act
15    for any person working under the direction of the Illinois
16    Emergency Management Agency and the Illinois Department of
17    Public Health pursuant to the declared disaster.
18        (3) The power to modify the scope of practice
19    restrictions under the Nursing Home Care Act or the ID/DD
20    MR/DD Community Care Act for Certified Nursing Assistants
21    for any person working under the direction of the Illinois
22    Emergency Management Agency and the Illinois Department of
23    Public Health pursuant to the declared disaster.
24    (b) Persons exempt from licensure or certification under
25paragraph (1) of subsection (a) and persons operating under
26modified scope of practice provisions under paragraph (2) of

 

 

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1subsection (a) and paragraph (3) of subsection (a) shall be
2exempt from licensure or certification or subject to modified
3scope of practice only until the declared disaster has ended as
4provided by law. For purposes of this Section, persons working
5under the direction of an emergency services and disaster
6agency accredited by the Illinois Emergency Management Agency
7and a local public health department, pursuant to a declared
8disaster, shall be deemed to be working under the direction of
9the Illinois Emergency Management Agency and the Department of
10Public Health.
11    (c) The Director shall exercise these powers by way of
12proclamation.
13(Source: P.A. 96-339, eff. 7-1-10.)
 
14    Section 25. The Disabilities Services Act of 2003 is
15amended by changing Sections 10 and 52 as follows:
 
16    (20 ILCS 2407/10)
17    Sec. 10. Application of Act; definitions.
18    (a) This Act applies to persons with disabilities. The
19disabilities included are defined for purposes of this Act as
20follows:
21    "Disability" means a disability as defined by the Americans
22with Disabilities Act of 1990 that is attributable to a
23developmental disability, a mental illness, or a physical
24disability, or combination of those.

 

 

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1    "Developmental disability" means a disability that is
2attributable to an intellectual disability mental retardation
3or a related condition. A related condition must meet all of
4the following conditions:
5        (1) It must be attributable to cerebral palsy,
6    epilepsy, or any other condition (other than mental
7    illness) found to be closely related to an intellectual
8    disability mental retardation because that condition
9    results in impairment of general intellectual functioning
10    or adaptive behavior similar to that of individuals with an
11    intellectual disability mental retardation, and requires
12    treatment or services similar to those required for those
13    individuals. For purposes of this Section, autism is
14    considered a related condition.
15        (2) It must be manifested before the individual reaches
16    age 22.
17        (3) It must be likely to continue indefinitely.
18        (4) It must result in substantial functional
19    limitations in 3 or more of the following areas of major
20    life activity: self-care, language, learning, mobility,
21    self-direction, and capacity for independent living.
22    "Mental Illness" means a mental or emotional disorder
23verified by a diagnosis contained in the Diagnostic and
24Statistical Manual of Mental Disorders-Fourth Edition,
25published by the American Psychiatric Association (DSM-IV), or
26its successor, or International Classification of Diseases,

 

 

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19th Revision, Clinical Modification (ICD-9-CM), or its
2successor, that substantially impairs a person's cognitive,
3emotional, or behavioral functioning, or any combination of
4those, excluding (i) conditions that may be the focus of
5clinical attention but are not of sufficient duration or
6severity to be categorized as a mental illness, such as
7parent-child relational problems, partner-relational problems,
8sexual abuse of a child, bereavement, academic problems,
9phase-of-life problems, and occupational problems
10(collectively, "V codes"), (ii) organic disorders such as
11substance intoxication dementia, substance withdrawal
12dementia, Alzheimer's disease, vascular dementia, dementia due
13to HIV infection, and dementia due to Creutzfeld-Jakob disease
14and disorders associated with known or unknown physical
15conditions such as hallucinosis, amnestic disorders and
16delirium, and psychoactive substance-induced organic
17disorders, and (iii) an intellectual disability mental
18retardation or psychoactive substance use disorders.
19    "Intellectual disability Mental retardation" means
20significantly sub-average general intellectual functioning
21existing concurrently with deficits in adaptive behavior and
22manifested before the age of 22 years.
23    "Physical disability" means a disability as defined by the
24Americans with Disabilities Act of 1990 that meets the
25following criteria:
26        (1) It is attributable to a physical impairment.

 

 

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1        (2) It results in a substantial functional limitation
2    in any of the following areas of major life activity: (i)
3    self-care, (ii) receptive and expressive language, (iii)
4    learning, (iv) mobility, (v) self-direction, (vi) capacity
5    for independent living, and (vii) economic sufficiency.
6        (3) It reflects the person's need for a combination and
7    sequence of special, interdisciplinary, or general care,
8    treatment, or other services that are of lifelong or of
9    extended duration and must be individually planned and
10    coordinated.
11    (b) In this Act:
12    "Chronological age-appropriate services" means services,
13activities, and strategies for persons with disabilities that
14are representative of the lifestyle activities of nondisabled
15peers of similar age in the community.
16    "Comprehensive evaluation" means procedures used by
17qualified professionals selectively with an individual to
18determine whether a person has a disability and the nature and
19extent of the services that the person with a disability needs.
20    "Department" means the Department on Aging, the Department
21of Human Services, the Department of Public Health, the
22Department of Public Aid (now Department Healthcare and Family
23Services), the University of Illinois Division of Specialized
24Care for Children, the Department of Children and Family
25Services, and the Illinois State Board of Education, where
26appropriate, as designated in the implementation plan

 

 

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1developed under Section 20.
2    "Family" means a natural, adoptive, or foster parent or
3parents or other person or persons responsible for the care of
4an individual with a disability in a family setting.
5    "Family or individual support" means those resources and
6services that are necessary to maintain an individual with a
7disability within the family home or his or her own home. These
8services may include, but are not limited to, cash subsidy,
9respite care, and counseling services.
10    "Independent service coordination" means a social service
11that enables persons with developmental disabilities and their
12families to locate, use, and coordinate resources and
13opportunities in their communities on the basis of individual
14need. Independent service coordination is independent of
15providers of services and funding sources and is designed to
16ensure accessibility, continuity of care, and accountability
17and to maximize the potential of persons with developmental
18disabilities for independence, productivity, and integration
19into the community. Independent service coordination includes,
20at a minimum: (i) outreach to identify eligible individuals;
21(ii) assessment and periodic reassessment to determine each
22individual's strengths, functional limitations, and need for
23specific services; (iii) participation in the development of a
24comprehensive individual service or treatment plan; (iv)
25referral to and linkage with needed services and supports; (v)
26monitoring to ensure the delivery of appropriate services and

 

 

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1to determine individual progress in meeting goals and
2objectives; and (vi) advocacy to assist the person in obtaining
3all services for which he or she is eligible or entitled.
4    "Individual service or treatment plan" means a recorded
5assessment of the needs of a person with a disability, a
6description of the services recommended, the goals of each type
7of element of service, an anticipated timetable for the
8accomplishment of the goals, and a designation of the qualified
9professionals responsible for the implementation of the plan.
10    "Least restrictive environment" means an environment that
11represents the least departure from the normal patterns of
12living and that effectively meets the needs of the person
13receiving the service.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    (20 ILCS 2407/52)
16    Sec. 52. Applicability; definitions. In accordance with
17Section 6071 of the Deficit Reduction Act of 2005 (P.L.
18109-171), as used in this Article:
19    "Departments". The term "Departments" means for the
20purposes of this Act, the Department of Human Services, the
21Department on Aging, Department of Healthcare and Family
22Services and Department of Public Health, unless otherwise
23noted.
24    "Home and community-based long-term care services". The
25term "home and community-based long-term care services" means,

 

 

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1with respect to the State Medicaid program, a service aid, or
2benefit, home and community-based services, including but not
3limited to home health and personal care services, that are
4provided to a person with a disability, and are voluntarily
5accepted, as part of his or her long-term care that: (i) is
6provided under the State's qualified home and community-based
7program or that could be provided under such a program but is
8otherwise provided under the Medicaid program; (ii) is
9delivered in a qualified residence; and (iii) is necessary for
10the person with a disability to live in the community.
11    "ID/DD MR/DD community care facility". The term "ID/DD MR/DD
12community care facility", for the purposes of this Article,
13means a skilled nursing or intermediate long-term care facility
14subject to licensure by the Department of Public Health under
15the ID/DD MR/DD Community Care Act, an intermediate care
16facility for the developmentally disabled (ICF-DDs), and a
17State-operated developmental center or mental health center,
18whether publicly or privately owned.
19    "Money Follows the Person" Demonstration. Enacted by the
20Deficit Reduction Act of 2005, the Money Follows the Person
21(MFP) Rebalancing Demonstration is part of a comprehensive,
22coordinated strategy to assist states, in collaboration with
23stakeholders, to make widespread changes to their long-term
24care support systems. This initiative will assist states in
25their efforts to reduce their reliance on institutional care
26while developing community-based long-term care opportunities,

 

 

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1enabling the elderly and people with disabilities to fully
2participate in their communities.
3    "Public funds" mean any funds appropriated by the General
4Assembly to the Departments of Human Services, on Aging, of
5Healthcare and Family Services and of Public Health for
6settings and services as defined in this Article.
7    "Qualified residence". The term "qualified residence"
8means, with respect to an eligible individual: (i) a home owned
9or leased by the individual or the individual's authorized
10representative (as defined by P.L. 109-171); (ii) an apartment
11with an individual lease, with lockable access and egress, and
12which includes living, sleeping, bathing, and cooking areas
13over which the individual or the individual's family has domain
14and control; or (iii) a residence, in a community-based
15residential setting, in which no more than 4 unrelated
16individuals reside. Where qualified residences are not
17sufficient to meet the demand of eligible individuals,
18time-limited exceptions to this definition may be developed
19through administrative rule.
20    "Self-directed services". The term "self-directed
21services" means, with respect to home and community-based
22long-term services for an eligible individual, those services
23for the individual that are planned and purchased under the
24direction and control of the individual or the individual's
25authorized representative, including the amount, duration,
26scope, provider, and location of such services, under the State

 

 

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1Medicaid program consistent with the following requirements:
2        (a) Assessment: there is an assessment of the needs,
3    capabilities, and preference of the individual with
4    respect to such services.
5        (b) Individual service care or treatment plan: based on
6    the assessment, there is development jointly with such
7    individual or individual's authorized representative, a
8    plan for such services for the individual that (i)
9    specifies those services, if any, that the individual or
10    the individual's authorized representative would be
11    responsible for directing; (ii) identifies the methods by
12    which the individual or the individual's authorized
13    representative or an agency designated by an individual or
14    representative will select, manage, and dismiss providers
15    of such services.
16(Source: P.A. 95-438, eff. 1-1-08; 96-339, eff. 7-1-10.)
 
17    Section 26. The Abuse of Adults with Disabilities
18Intervention Act is amended by changing Section 15 as follows:
 
19    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
20    Sec. 15. Definitions. As used in this Act:
21    "Abuse" means causing any physical, sexual, or mental
22injury to an adult with disabilities, including exploitation of
23the adult's financial resources. Nothing in this Act shall be
24construed to mean that an adult with disabilities is a victim

 

 

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1of abuse or neglect for the sole reason that he or she is being
2furnished with or relies upon treatment by spiritual means
3through prayer alone, in accordance with the tenets and
4practices of a recognized church or religious denomination.
5Nothing in this Act shall be construed to mean that an adult
6with disabilities is a victim of abuse because of health care
7services provided or not provided by licensed health care
8professionals.
9    "Adult with disabilities" means a person aged 18 through 59
10who resides in a domestic living situation and whose physical
11or mental disability impairs his or her ability to seek or
12obtain protection from abuse, neglect, or exploitation.
13    "Department" means the Department of Human Services.
14    "Adults with Disabilities Abuse Project" or "project"
15means that program within the Office of Inspector General
16designated by the Department of Human Services to receive and
17assess reports of alleged or suspected abuse, neglect, or
18exploitation of adults with disabilities.
19    "Domestic living situation" means a residence where the
20adult with disabilities lives alone or with his or her family
21or household members, a care giver, or others or at a board and
22care home or other community-based unlicensed facility, but is
23not:
24        (1) A licensed facility as defined in Section 1-113 of
25    the Nursing Home Care Act or Section 1-113 of the ID/DD
26    MR/DD Community Care Act.

 

 

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1        (2) A life care facility as defined in the Life Care
2    Facilities Act.
3        (3) A home, institution, or other place operated by the
4    federal government, a federal agency, or the State.
5        (4) A hospital, sanitarium, or other institution, the
6    principal activity or business of which is the diagnosis,
7    care, and treatment of human illness through the
8    maintenance and operation of organized facilities and that
9    is required to be licensed under the Hospital Licensing
10    Act.
11        (5) A community living facility as defined in the
12    Community Living Facilities Licensing Act.
13        (6) A community-integrated living arrangement as
14    defined in the Community-Integrated Living Arrangements
15    Licensure and Certification Act or community residential
16    alternative as licensed under that Act.
17    "Emergency" means a situation in which an adult with
18disabilities is in danger of death or great bodily harm.
19    "Exploitation" means the illegal, including tortious, use
20of the assets or resources of an adult with disabilities.
21Exploitation includes, but is not limited to, the
22misappropriation of assets or resources of an adult with
23disabilities by undue influence, by breach of a fiduciary
24relationship, by fraud, deception, or extortion, or by the use
25of the assets or resources in a manner contrary to law.
26    "Family or household members" means a person who as a

 

 

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1family member, volunteer, or paid care provider has assumed
2responsibility for all or a portion of the care of an adult
3with disabilities who needs assistance with activities of daily
4living.
5    "Neglect" means the failure of another individual to
6provide an adult with disabilities with or the willful
7withholding from an adult with disabilities the necessities of
8life, including, but not limited to, food, clothing, shelter,
9or medical care.
10Nothing in the definition of "neglect" shall be construed to
11impose a requirement that assistance be provided to an adult
12with disabilities over his or her objection in the absence of a
13court order, nor to create any new affirmative duty to provide
14support, assistance, or intervention to an adult with
15disabilities. Nothing in this Act shall be construed to mean
16that an adult with disabilities is a victim of neglect because
17of health care services provided or not provided by licensed
18health care professionals.
19    "Physical abuse" includes sexual abuse and means any of the
20following:
21        (1) knowing or reckless use of physical force,
22    confinement, or restraint;
23        (2) knowing, repeated, and unnecessary sleep
24    deprivation; or
25        (3) knowing or reckless conduct which creates an
26    immediate risk of physical harm.

 

 

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1    "Secretary" means the Secretary of Human Services.
2    "Sexual abuse" means touching, fondling, sexual threats,
3sexually inappropriate remarks, or any other sexual activity
4with an adult with disabilities when the adult with
5disabilities is unable to understand, unwilling to consent,
6threatened, or physically forced to engage in sexual behavior.
7    "Substantiated case" means a reported case of alleged or
8suspected abuse, neglect, or exploitation in which the Adults
9with Disabilities Abuse Project staff, after assessment,
10determines that there is reason to believe abuse, neglect, or
11exploitation has occurred.
12(Source: P.A. 96-339, eff. 7-1-10.)
 
13    Section 27. The Illinois Finance Authority Act is amended
14by changing Section 801-10 as follows:
 
15    (20 ILCS 3501/801-10)
16    Sec. 801-10. Definitions. The following terms, whenever
17used or referred to in this Act, shall have the following
18meanings, except in such instances where the context may
19clearly indicate otherwise:
20    (a) The term "Authority" means the Illinois Finance
21Authority created by this Act.
22    (b) The term "project" means an industrial project,
23conservation project, housing project, public purpose project,
24higher education project, health facility project, cultural

 

 

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1institution project, agricultural facility or agribusiness,
2and "project" may include any combination of one or more of the
3foregoing undertaken jointly by any person with one or more
4other persons.
5    (c) The term "public purpose project" means any project or
6facility including without limitation land, buildings,
7structures, machinery, equipment and all other real and
8personal property, which is authorized or required by law to be
9acquired, constructed, improved, rehabilitated, reconstructed,
10replaced or maintained by any unit of government or any other
11lawful public purpose which is authorized or required by law to
12be undertaken by any unit of government.
13    (d) The term "industrial project" means the acquisition,
14construction, refurbishment, creation, development or
15redevelopment of any facility, equipment, machinery, real
16property or personal property for use by any instrumentality of
17the State or its political subdivisions, for use by any person
18or institution, public or private, for profit or not for
19profit, or for use in any trade or business including, but not
20limited to, any industrial, manufacturing or commercial
21enterprise and which is (1) a capital project including but not
22limited to: (i) land and any rights therein, one or more
23buildings, structures or other improvements, machinery and
24equipment, whether now existing or hereafter acquired, and
25whether or not located on the same site or sites; (ii) all
26appurtenances and facilities incidental to the foregoing,

 

 

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1including, but not limited to utilities, access roads, railroad
2sidings, track, docking and similar facilities, parking
3facilities, dockage, wharfage, railroad roadbed, track,
4trestle, depot, terminal, switching and signaling or related
5equipment, site preparation and landscaping; and (iii) all
6non-capital costs and expenses relating thereto or (2) any
7addition to, renovation, rehabilitation or improvement of a
8capital project or (3) any activity or undertaking which the
9Authority determines will aid, assist or encourage economic
10growth, development or redevelopment within the State or any
11area thereof, will promote the expansion, retention or
12diversification of employment opportunities within the State
13or any area thereof or will aid in stabilizing or developing
14any industry or economic sector of the State economy. The term
15"industrial project" also means the production of motion
16pictures.
17    (e) The term "bond" or "bonds" shall include bonds, notes
18(including bond, grant or revenue anticipation notes),
19certificates and/or other evidences of indebtedness
20representing an obligation to pay money, including refunding
21bonds.
22    (f) The terms "lease agreement" and "loan agreement" shall
23mean: (i) an agreement whereby a project acquired by the
24Authority by purchase, gift or lease is leased to any person,
25corporation or unit of local government which will use or cause
26the project to be used as a project as heretofore defined upon

 

 

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1terms providing for lease rental payments at least sufficient
2to pay when due all principal of, interest and premium, if any,
3on any bonds of the Authority issued with respect to such
4project, providing for the maintenance, insuring and operation
5of the project on terms satisfactory to the Authority,
6providing for disposition of the project upon termination of
7the lease term, including purchase options or abandonment of
8the premises, and such other terms as may be deemed desirable
9by the Authority, or (ii) any agreement pursuant to which the
10Authority agrees to loan the proceeds of its bonds issued with
11respect to a project or other funds of the Authority to any
12person which will use or cause the project to be used as a
13project as heretofore defined upon terms providing for loan
14repayment installments at least sufficient to pay when due all
15principal of, interest and premium, if any, on any bonds of the
16Authority, if any, issued with respect to the project, and
17providing for maintenance, insurance and other matters as may
18be deemed desirable by the Authority.
19    (g) The term "financial aid" means the expenditure of
20Authority funds or funds provided by the Authority through the
21issuance of its bonds, notes or other evidences of indebtedness
22or from other sources for the development, construction,
23acquisition or improvement of a project.
24    (h) The term "person" means an individual, corporation,
25unit of government, business trust, estate, trust, partnership
26or association, 2 or more persons having a joint or common

 

 

09700SB1833sam001- 80 -LRB097 07747 KTG 51610 a

1interest, or any other legal entity.
2    (i) The term "unit of government" means the federal
3government, the State or unit of local government, a school
4district, or any agency or instrumentality, office, officer,
5department, division, bureau, commission, college or
6university thereof.
7    (j) The term "health facility" means: (a) any public or
8private institution, place, building, or agency required to be
9licensed under the Hospital Licensing Act; (b) any public or
10private institution, place, building, or agency required to be
11licensed under the Nursing Home Care Act or the ID/DD MR/DD
12Community Care Act; (c) any public or licensed private hospital
13as defined in the Mental Health and Developmental Disabilities
14Code; (d) any such facility exempted from such licensure when
15the Director of Public Health attests that such exempted
16facility meets the statutory definition of a facility subject
17to licensure; (e) any other public or private health service
18institution, place, building, or agency which the Director of
19Public Health attests is subject to certification by the
20Secretary, U.S. Department of Health and Human Services under
21the Social Security Act, as now or hereafter amended, or which
22the Director of Public Health attests is subject to
23standard-setting by a recognized public or voluntary
24accrediting or standard-setting agency; (f) any public or
25private institution, place, building or agency engaged in
26providing one or more supporting services to a health facility;

 

 

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1(g) any public or private institution, place, building or
2agency engaged in providing training in the healing arts,
3including but not limited to schools of medicine, dentistry,
4osteopathy, optometry, podiatry, pharmacy or nursing, schools
5for the training of x-ray, laboratory or other health care
6technicians and schools for the training of para-professionals
7in the health care field; (h) any public or private congregate,
8life or extended care or elderly housing facility or any public
9or private home for the aged or infirm, including, without
10limitation, any Facility as defined in the Life Care Facilities
11Act; (i) any public or private mental, emotional or physical
12rehabilitation facility or any public or private educational,
13counseling, or rehabilitation facility or home, for those
14persons with a developmental disability, those who are
15physically ill or disabled, the emotionally disturbed, those
16persons with a mental illness or persons with learning or
17similar disabilities or problems; (j) any public or private
18alcohol, drug or substance abuse diagnosis, counseling
19treatment or rehabilitation facility, (k) any public or private
20institution, place, building or agency licensed by the
21Department of Children and Family Services or which is not so
22licensed but which the Director of Children and Family Services
23attests provides child care, child welfare or other services of
24the type provided by facilities subject to such licensure; (l)
25any public or private adoption agency or facility; and (m) any
26public or private blood bank or blood center. "Health facility"

 

 

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1also means a public or private structure or structures suitable
2primarily for use as a laboratory, laundry, nurses or interns
3residence or other housing or hotel facility used in whole or
4in part for staff, employees or students and their families,
5patients or relatives of patients admitted for treatment or
6care in a health facility, or persons conducting business with
7a health facility, physician's facility, surgicenter,
8administration building, research facility, maintenance,
9storage or utility facility and all structures or facilities
10related to any of the foregoing or required or useful for the
11operation of a health facility, including parking or other
12facilities or other supporting service structures required or
13useful for the orderly conduct of such health facility. "Health
14facility" also means, with respect to a project located outside
15the State, any public or private institution, place, building,
16or agency which provides services similar to those described
17above, provided that such project is owned, operated, leased or
18managed by a participating health institution located within
19the State, or a participating health institution affiliated
20with an entity located within the State.
21    (k) The term "participating health institution" means (i) a
22private corporation or association or (ii) a public entity of
23this State, in either case authorized by the laws of this State
24or the applicable state to provide or operate a health facility
25as defined in this Act and which, pursuant to the provisions of
26this Act, undertakes the financing, construction or

 

 

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1acquisition of a project or undertakes the refunding or
2refinancing of obligations, loans, indebtedness or advances as
3provided in this Act.
4    (l) The term "health facility project", means a specific
5health facility work or improvement to be financed or
6refinanced (including without limitation through reimbursement
7of prior expenditures), acquired, constructed, enlarged,
8remodeled, renovated, improved, furnished, or equipped, with
9funds provided in whole or in part hereunder, any accounts
10receivable, working capital, liability or insurance cost or
11operating expense financing or refinancing program of a health
12facility with or involving funds provided in whole or in part
13hereunder, or any combination thereof.
14    (m) The term "bond resolution" means the resolution or
15resolutions authorizing the issuance of, or providing terms and
16conditions related to, bonds issued under this Act and
17includes, where appropriate, any trust agreement, trust
18indenture, indenture of mortgage or deed of trust providing
19terms and conditions for such bonds.
20    (n) The term "property" means any real, personal or mixed
21property, whether tangible or intangible, or any interest
22therein, including, without limitation, any real estate,
23leasehold interests, appurtenances, buildings, easements,
24equipment, furnishings, furniture, improvements, machinery,
25rights of way, structures, accounts, contract rights or any
26interest therein.

 

 

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1    (o) The term "revenues" means, with respect to any project,
2the rents, fees, charges, interest, principal repayments,
3collections and other income or profit derived therefrom.
4    (p) The term "higher education project" means, in the case
5of a private institution of higher education, an educational
6facility to be acquired, constructed, enlarged, remodeled,
7renovated, improved, furnished, or equipped, or any
8combination thereof.
9    (q) The term "cultural institution project" means, in the
10case of a cultural institution, a cultural facility to be
11acquired, constructed, enlarged, remodeled, renovated,
12improved, furnished, or equipped, or any combination thereof.
13    (r) The term "educational facility" means any property
14located within the State, or any property located outside the
15State, provided that, if the property is located outside the
16State, it must be owned, operated, leased or managed by an
17entity located within the State or an entity affiliated with an
18entity located within the State, in each case constructed or
19acquired before or after the effective date of this Act, which
20is or will be, in whole or in part, suitable for the
21instruction, feeding, recreation or housing of students, the
22conducting of research or other work of a private institution
23of higher education, the use by a private institution of higher
24education in connection with any educational, research or
25related or incidental activities then being or to be conducted
26by it, or any combination of the foregoing, including, without

 

 

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1limitation, any such property suitable for use as or in
2connection with any one or more of the following: an academic
3facility, administrative facility, agricultural facility,
4assembly hall, athletic facility, auditorium, boating
5facility, campus, communication facility, computer facility,
6continuing education facility, classroom, dining hall,
7dormitory, exhibition hall, fire fighting facility, fire
8prevention facility, food service and preparation facility,
9gymnasium, greenhouse, health care facility, hospital,
10housing, instructional facility, laboratory, library,
11maintenance facility, medical facility, museum, offices,
12parking area, physical education facility, recreational
13facility, research facility, stadium, storage facility,
14student union, study facility, theatre or utility.
15    (s) The term "cultural facility" means any property located
16within the State, or any property located outside the State,
17provided that, if the property is located outside the State, it
18must be owned, operated, leased or managed by an entity located
19within the State or an entity affiliated with an entity located
20within the State, in each case constructed or acquired before
21or after the effective date of this Act, which is or will be,
22in whole or in part, suitable for the particular purposes or
23needs of a cultural institution, including, without
24limitation, any such property suitable for use as or in
25connection with any one or more of the following: an
26administrative facility, aquarium, assembly hall, auditorium,

 

 

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1botanical garden, exhibition hall, gallery, greenhouse,
2library, museum, scientific laboratory, theater or zoological
3facility, and shall also include, without limitation, books,
4works of art or music, animal, plant or aquatic life or other
5items for display, exhibition or performance. The term
6"cultural facility" includes buildings on the National
7Register of Historic Places which are owned or operated by
8nonprofit entities.
9    (t) "Private institution of higher education" means a
10not-for-profit educational institution which is not owned by
11the State or any political subdivision, agency,
12instrumentality, district or municipality thereof, which is
13authorized by law to provide a program of education beyond the
14high school level and which:
15        (1) Admits as regular students only individuals having
16    a certificate of graduation from a high school, or the
17    recognized equivalent of such a certificate;
18        (2) Provides an educational program for which it awards
19    a bachelor's degree, or provides an educational program,
20    admission into which is conditioned upon the prior
21    attainment of a bachelor's degree or its equivalent, for
22    which it awards a postgraduate degree, or provides not less
23    than a 2-year program which is acceptable for full credit
24    toward such a degree, or offers a 2-year program in
25    engineering, mathematics, or the physical or biological
26    sciences which is designed to prepare the student to work

 

 

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1    as a technician and at a semiprofessional level in
2    engineering, scientific, or other technological fields
3    which require the understanding and application of basic
4    engineering, scientific, or mathematical principles or
5    knowledge;
6        (3) Is accredited by a nationally recognized
7    accrediting agency or association or, if not so accredited,
8    is an institution whose credits are accepted, on transfer,
9    by not less than 3 institutions which are so accredited,
10    for credit on the same basis as if transferred from an
11    institution so accredited, and holds an unrevoked
12    certificate of approval under the Private College Act from
13    the Board of Higher Education, or is qualified as a "degree
14    granting institution" under the Academic Degree Act; and
15        (4) Does not discriminate in the admission of students
16    on the basis of race or color. "Private institution of
17    higher education" also includes any "academic
18    institution".
19    (u) The term "academic institution" means any
20not-for-profit institution which is not owned by the State or
21any political subdivision, agency, instrumentality, district
22or municipality thereof, which institution engages in, or
23facilitates academic, scientific, educational or professional
24research or learning in a field or fields of study taught at a
25private institution of higher education. Academic institutions
26include, without limitation, libraries, archives, academic,

 

 

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1scientific, educational or professional societies,
2institutions, associations or foundations having such
3purposes.
4    (v) The term "cultural institution" means any
5not-for-profit institution which is not owned by the State or
6any political subdivision, agency, instrumentality, district
7or municipality thereof, which institution engages in the
8cultural, intellectual, scientific, educational or artistic
9enrichment of the people of the State. Cultural institutions
10include, without limitation, aquaria, botanical societies,
11historical societies, libraries, museums, performing arts
12associations or societies, scientific societies and zoological
13societies.
14    (w) The term "affiliate" means, with respect to financing
15of an agricultural facility or an agribusiness, any lender, any
16person, firm or corporation controlled by, or under common
17control with, such lender, and any person, firm or corporation
18controlling such lender.
19    (x) The term "agricultural facility" means land, any
20building or other improvement thereon or thereto, and any
21personal properties deemed necessary or suitable for use,
22whether or not now in existence, in farming, ranching, the
23production of agricultural commodities (including, without
24limitation, the products of aquaculture, hydroponics and
25silviculture) or the treating, processing or storing of such
26agricultural commodities when such activities are customarily

 

 

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1engaged in by farmers as a part of farming.
2    (y) The term "lender" with respect to financing of an
3agricultural facility or an agribusiness, means any federal or
4State chartered bank, Federal Land Bank, Production Credit
5Association, Bank for Cooperatives, federal or State chartered
6savings and loan association or building and loan association,
7Small Business Investment Company or any other institution
8qualified within this State to originate and service loans,
9including, but without limitation to, insurance companies,
10credit unions and mortgage loan companies. "Lender" also means
11a wholly owned subsidiary of a manufacturer, seller or
12distributor of goods or services that makes loans to businesses
13or individuals, commonly known as a "captive finance company".
14    (z) The term "agribusiness" means any sole proprietorship,
15limited partnership, co-partnership, joint venture,
16corporation or cooperative which operates or will operate a
17facility located within the State of Illinois that is related
18to the processing of agricultural commodities (including,
19without limitation, the products of aquaculture, hydroponics
20and silviculture) or the manufacturing, production or
21construction of agricultural buildings, structures, equipment,
22implements, and supplies, or any other facilities or processes
23used in agricultural production. Agribusiness includes but is
24not limited to the following:
25        (1) grain handling and processing, including grain
26    storage, drying, treatment, conditioning, mailing and

 

 

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1    packaging;
2        (2) seed and feed grain development and processing;
3        (3) fruit and vegetable processing, including
4    preparation, canning and packaging;
5        (4) processing of livestock and livestock products,
6    dairy products, poultry and poultry products, fish or
7    apiarian products, including slaughter, shearing,
8    collecting, preparation, canning and packaging;
9        (5) fertilizer and agricultural chemical
10    manufacturing, processing, application and supplying;
11        (6) farm machinery, equipment and implement
12    manufacturing and supplying;
13        (7) manufacturing and supplying of agricultural
14    commodity processing machinery and equipment, including
15    machinery and equipment used in slaughter, treatment,
16    handling, collecting, preparation, canning or packaging of
17    agricultural commodities;
18        (8) farm building and farm structure manufacturing,
19    construction and supplying;
20        (9) construction, manufacturing, implementation,
21    supplying or servicing of irrigation, drainage and soil and
22    water conservation devices or equipment;
23        (10) fuel processing and development facilities that
24    produce fuel from agricultural commodities or byproducts;
25        (11) facilities and equipment for processing and
26    packaging agricultural commodities specifically for

 

 

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1    export;
2        (12) facilities and equipment for forestry product
3    processing and supplying, including sawmilling operations,
4    wood chip operations, timber harvesting operations, and
5    manufacturing of prefabricated buildings, paper, furniture
6    or other goods from forestry products;
7        (13) facilities and equipment for research and
8    development of products, processes and equipment for the
9    production, processing, preparation or packaging of
10    agricultural commodities and byproducts.
11    (aa) The term "asset" with respect to financing of any
12agricultural facility or any agribusiness, means, but is not
13limited to the following: cash crops or feed on hand; livestock
14held for sale; breeding stock; marketable bonds and securities;
15securities not readily marketable; accounts receivable; notes
16receivable; cash invested in growing crops; net cash value of
17life insurance; machinery and equipment; cars and trucks; farm
18and other real estate including life estates and personal
19residence; value of beneficial interests in trusts; government
20payments or grants; and any other assets.
21    (bb) The term "liability" with respect to financing of any
22agricultural facility or any agribusiness shall include, but
23not be limited to the following: accounts payable; notes or
24other indebtedness owed to any source; taxes; rent; amounts
25owed on real estate contracts or real estate mortgages;
26judgments; accrued interest payable; and any other liability.

 

 

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1    (cc) The term "Predecessor Authorities" means those
2authorities as described in Section 845-75.
3    (dd) The term "housing project" means a specific work or
4improvement undertaken to provide residential dwelling
5accommodations, including the acquisition, construction or
6rehabilitation of lands, buildings and community facilities
7and in connection therewith to provide nonhousing facilities
8which are part of the housing project, including land,
9buildings, improvements, equipment and all ancillary
10facilities for use for offices, stores, retirement homes,
11hotels, financial institutions, service, health care,
12education, recreation or research establishments, or any other
13commercial purpose which are or are to be related to a housing
14development.
15    (ee) The term "conservation project" means any project
16including the acquisition, construction, rehabilitation,
17maintenance, operation, or upgrade that is intended to create
18or expand open space or to reduce energy usage through
19efficiency measures. For the purpose of this definition, "open
20space" has the definition set forth under Section 10 of the
21Illinois Open Land Trust Act.
22    (ff) The term "significant presence" means the existence
23within the State of the national or regional headquarters of an
24entity or group or such other facility of an entity or group of
25entities where a significant amount of the business functions
26are performed for such entity or group of entities.

 

 

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1(Source: P.A. 95-697, eff. 11-6-07; 96-339, eff. 7-1-10;
296-1021, eff. 7-12-10.)
 
3    Section 29. The Illinois Health Facilities Planning Act is
4amended by changing Sections 3, 12, 13, and 14.1 as follows:
 
5    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
6    (Section scheduled to be repealed on December 31, 2019)
7    Sec. 3. Definitions. As used in this Act:
8    "Health care facilities" means and includes the following
9facilities and organizations:
10        1. An ambulatory surgical treatment center required to
11    be licensed pursuant to the Ambulatory Surgical Treatment
12    Center Act;
13        2. An institution, place, building, or agency required
14    to be licensed pursuant to the Hospital Licensing Act;
15        3. Skilled and intermediate long term care facilities
16    licensed under the Nursing Home Care Act;
17        3.5. Skilled and intermediate care facilities licensed
18    under the ID/DD MR/DD Community Care Act;
19        4. Hospitals, nursing homes, ambulatory surgical
20    treatment centers, or kidney disease treatment centers
21    maintained by the State or any department or agency
22    thereof;
23        5. Kidney disease treatment centers, including a
24    free-standing hemodialysis unit required to be licensed

 

 

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1    under the End Stage Renal Disease Facility Act;
2        6. An institution, place, building, or room used for
3    the performance of outpatient surgical procedures that is
4    leased, owned, or operated by or on behalf of an
5    out-of-state facility;
6        7. An institution, place, building, or room used for
7    provision of a health care category of service as defined
8    by the Board, including, but not limited to, cardiac
9    catheterization and open heart surgery; and
10        8. An institution, place, building, or room used for
11    provision of major medical equipment used in the direct
12    clinical diagnosis or treatment of patients, and whose
13    project cost is in excess of the capital expenditure
14    minimum.
15    This Act shall not apply to the construction of any new
16facility or the renovation of any existing facility located on
17any campus facility as defined in Section 5-5.8b of the
18Illinois Public Aid Code, provided that the campus facility
19encompasses 30 or more contiguous acres and that the new or
20renovated facility is intended for use by a licensed
21residential facility.
22    No federally owned facility shall be subject to the
23provisions of this Act, nor facilities used solely for healing
24by prayer or spiritual means.
25    No facility licensed under the Supportive Residences
26Licensing Act or the Assisted Living and Shared Housing Act

 

 

09700SB1833sam001- 95 -LRB097 07747 KTG 51610 a

1shall be subject to the provisions of this Act.
2    No facility established and operating under the
3Alternative Health Care Delivery Act as a children's respite
4care center alternative health care model demonstration
5program or as an Alzheimer's Disease Management Center
6alternative health care model demonstration program shall be
7subject to the provisions of this Act.
8    A facility designated as a supportive living facility that
9is in good standing with the program established under Section
105-5.01a of the Illinois Public Aid Code shall not be subject to
11the provisions of this Act.
12    This Act does not apply to facilities granted waivers under
13Section 3-102.2 of the Nursing Home Care Act. However, if a
14demonstration project under that Act applies for a certificate
15of need to convert to a nursing facility, it shall meet the
16licensure and certificate of need requirements in effect as of
17the date of application.
18    This Act does not apply to a dialysis facility that
19provides only dialysis training, support, and related services
20to individuals with end stage renal disease who have elected to
21receive home dialysis. This Act does not apply to a dialysis
22unit located in a licensed nursing home that offers or provides
23dialysis-related services to residents with end stage renal
24disease who have elected to receive home dialysis within the
25nursing home. The Board, however, may require these dialysis
26facilities and licensed nursing homes to report statistical

 

 

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1information on a quarterly basis to the Board to be used by the
2Board to conduct analyses on the need for proposed kidney
3disease treatment centers.
4    This Act shall not apply to the closure of an entity or a
5portion of an entity licensed under the Nursing Home Care Act
6or the MR/DD Community Care Act, with the exceptions of
7facilities operated by a county or Illinois Veterans Homes,
8that elects to convert, in whole or in part, to an assisted
9living or shared housing establishment licensed under the
10Assisted Living and Shared Housing Act.
11    This Act does not apply to any change of ownership of a
12healthcare facility that is licensed under the Nursing Home
13Care Act or the ID/DD MR/DD Community Care Act, with the
14exceptions of facilities operated by a county or Illinois
15Veterans Homes. Changes of ownership of facilities licensed
16under the Nursing Home Care Act must meet the requirements set
17forth in Sections 3-101 through 3-119 of the Nursing Home Care
18Act.
19    With the exception of those health care facilities
20specifically included in this Section, nothing in this Act
21shall be intended to include facilities operated as a part of
22the practice of a physician or other licensed health care
23professional, whether practicing in his individual capacity or
24within the legal structure of any partnership, medical or
25professional corporation, or unincorporated medical or
26professional group. Further, this Act shall not apply to

 

 

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1physicians or other licensed health care professional's
2practices where such practices are carried out in a portion of
3a health care facility under contract with such health care
4facility by a physician or by other licensed health care
5professionals, whether practicing in his individual capacity
6or within the legal structure of any partnership, medical or
7professional corporation, or unincorporated medical or
8professional groups. This Act shall apply to construction or
9modification and to establishment by such health care facility
10of such contracted portion which is subject to facility
11licensing requirements, irrespective of the party responsible
12for such action or attendant financial obligation.
13    "Person" means any one or more natural persons, legal
14entities, governmental bodies other than federal, or any
15combination thereof.
16    "Consumer" means any person other than a person (a) whose
17major occupation currently involves or whose official capacity
18within the last 12 months has involved the providing,
19administering or financing of any type of health care facility,
20(b) who is engaged in health research or the teaching of
21health, (c) who has a material financial interest in any
22activity which involves the providing, administering or
23financing of any type of health care facility, or (d) who is or
24ever has been a member of the immediate family of the person
25defined by (a), (b), or (c).
26    "State Board" or "Board" means the Health Facilities and

 

 

09700SB1833sam001- 98 -LRB097 07747 KTG 51610 a

1Services Review Board.
2    "Construction or modification" means the establishment,
3erection, building, alteration, reconstruction, modernization,
4improvement, extension, discontinuation, change of ownership,
5of or by a health care facility, or the purchase or acquisition
6by or through a health care facility of equipment or service
7for diagnostic or therapeutic purposes or for facility
8administration or operation, or any capital expenditure made by
9or on behalf of a health care facility which exceeds the
10capital expenditure minimum; however, any capital expenditure
11made by or on behalf of a health care facility for (i) the
12construction or modification of a facility licensed under the
13Assisted Living and Shared Housing Act or (ii) a conversion
14project undertaken in accordance with Section 30 of the Older
15Adult Services Act shall be excluded from any obligations under
16this Act.
17    "Establish" means the construction of a health care
18facility or the replacement of an existing facility on another
19site or the initiation of a category of service as defined by
20the Board.
21    "Major medical equipment" means medical equipment which is
22used for the provision of medical and other health services and
23which costs in excess of the capital expenditure minimum,
24except that such term does not include medical equipment
25acquired by or on behalf of a clinical laboratory to provide
26clinical laboratory services if the clinical laboratory is

 

 

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1independent of a physician's office and a hospital and it has
2been determined under Title XVIII of the Social Security Act to
3meet the requirements of paragraphs (10) and (11) of Section
41861(s) of such Act. In determining whether medical equipment
5has a value in excess of the capital expenditure minimum, the
6value of studies, surveys, designs, plans, working drawings,
7specifications, and other activities essential to the
8acquisition of such equipment shall be included.
9    "Capital Expenditure" means an expenditure: (A) made by or
10on behalf of a health care facility (as such a facility is
11defined in this Act); and (B) which under generally accepted
12accounting principles is not properly chargeable as an expense
13of operation and maintenance, or is made to obtain by lease or
14comparable arrangement any facility or part thereof or any
15equipment for a facility or part; and which exceeds the capital
16expenditure minimum.
17    For the purpose of this paragraph, the cost of any studies,
18surveys, designs, plans, working drawings, specifications, and
19other activities essential to the acquisition, improvement,
20expansion, or replacement of any plant or equipment with
21respect to which an expenditure is made shall be included in
22determining if such expenditure exceeds the capital
23expenditures minimum. Unless otherwise interdependent, or
24submitted as one project by the applicant, components of
25construction or modification undertaken by means of a single
26construction contract or financed through the issuance of a

 

 

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1single debt instrument shall not be grouped together as one
2project. Donations of equipment or facilities to a health care
3facility which if acquired directly by such facility would be
4subject to review under this Act shall be considered capital
5expenditures, and a transfer of equipment or facilities for
6less than fair market value shall be considered a capital
7expenditure for purposes of this Act if a transfer of the
8equipment or facilities at fair market value would be subject
9to review.
10    "Capital expenditure minimum" means $11,500,000 for
11projects by hospital applicants, $6,500,000 for applicants for
12projects related to skilled and intermediate care long-term
13care facilities licensed under the Nursing Home Care Act, and
14$3,000,000 for projects by all other applicants, which shall be
15annually adjusted to reflect the increase in construction costs
16due to inflation, for major medical equipment and for all other
17capital expenditures.
18    "Non-clinical service area" means an area (i) for the
19benefit of the patients, visitors, staff, or employees of a
20health care facility and (ii) not directly related to the
21diagnosis, treatment, or rehabilitation of persons receiving
22services from the health care facility. "Non-clinical service
23areas" include, but are not limited to, chapels; gift shops;
24news stands; computer systems; tunnels, walkways, and
25elevators; telephone systems; projects to comply with life
26safety codes; educational facilities; student housing;

 

 

09700SB1833sam001- 101 -LRB097 07747 KTG 51610 a

1patient, employee, staff, and visitor dining areas;
2administration and volunteer offices; modernization of
3structural components (such as roof replacement and masonry
4work); boiler repair or replacement; vehicle maintenance and
5storage facilities; parking facilities; mechanical systems for
6heating, ventilation, and air conditioning; loading docks; and
7repair or replacement of carpeting, tile, wall coverings,
8window coverings or treatments, or furniture. Solely for the
9purpose of this definition, "non-clinical service area" does
10not include health and fitness centers.
11    "Areawide" means a major area of the State delineated on a
12geographic, demographic, and functional basis for health
13planning and for health service and having within it one or
14more local areas for health planning and health service. The
15term "region", as contrasted with the term "subregion", and the
16word "area" may be used synonymously with the term "areawide".
17    "Local" means a subarea of a delineated major area that on
18a geographic, demographic, and functional basis may be
19considered to be part of such major area. The term "subregion"
20may be used synonymously with the term "local".
21    "Physician" means a person licensed to practice in
22accordance with the Medical Practice Act of 1987, as amended.
23    "Licensed health care professional" means a person
24licensed to practice a health profession under pertinent
25licensing statutes of the State of Illinois.
26    "Director" means the Director of the Illinois Department of

 

 

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1Public Health.
2    "Agency" means the Illinois Department of Public Health.
3    "Alternative health care model" means a facility or program
4authorized under the Alternative Health Care Delivery Act.
5    "Out-of-state facility" means a person that is both (i)
6licensed as a hospital or as an ambulatory surgery center under
7the laws of another state or that qualifies as a hospital or an
8ambulatory surgery center under regulations adopted pursuant
9to the Social Security Act and (ii) not licensed under the
10Ambulatory Surgical Treatment Center Act, the Hospital
11Licensing Act, or the Nursing Home Care Act. Affiliates of
12out-of-state facilities shall be considered out-of-state
13facilities. Affiliates of Illinois licensed health care
14facilities 100% owned by an Illinois licensed health care
15facility, its parent, or Illinois physicians licensed to
16practice medicine in all its branches shall not be considered
17out-of-state facilities. Nothing in this definition shall be
18construed to include an office or any part of an office of a
19physician licensed to practice medicine in all its branches in
20Illinois that is not required to be licensed under the
21Ambulatory Surgical Treatment Center Act.
22    "Change of ownership of a health care facility" means a
23change in the person who has ownership or control of a health
24care facility's physical plant and capital assets. A change in
25ownership is indicated by the following transactions: sale,
26transfer, acquisition, lease, change of sponsorship, or other

 

 

09700SB1833sam001- 103 -LRB097 07747 KTG 51610 a

1means of transferring control.
2    "Related person" means any person that: (i) is at least 50%
3owned, directly or indirectly, by either the health care
4facility or a person owning, directly or indirectly, at least
550% of the health care facility; or (ii) owns, directly or
6indirectly, at least 50% of the health care facility.
7    "Charity care" means care provided by a health care
8facility for which the provider does not expect to receive
9payment from the patient or a third-party payer.
10    "Freestanding emergency center" means a facility subject
11to licensure under Section 32.5 of the Emergency Medical
12Services (EMS) Systems Act.
13(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
1495-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
158-21-08; 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; 96-1000,
16eff. 7-2-10.)
 
17    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
18    (Section scheduled to be repealed on December 31, 2019)
19    Sec. 12. Powers and duties of State Board. For purposes of
20this Act, the State Board shall exercise the following powers
21and duties:
22    (1) Prescribe rules, regulations, standards, criteria,
23procedures or reviews which may vary according to the purpose
24for which a particular review is being conducted or the type of
25project reviewed and which are required to carry out the

 

 

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1provisions and purposes of this Act. Policies and procedures of
2the State Board shall take into consideration the priorities
3and needs of medically underserved areas and other health care
4services identified through the comprehensive health planning
5process, giving special consideration to the impact of projects
6on access to safety net services.
7    (2) Adopt procedures for public notice and hearing on all
8proposed rules, regulations, standards, criteria, and plans
9required to carry out the provisions of this Act.
10    (3) (Blank).
11    (4) Develop criteria and standards for health care
12facilities planning, conduct statewide inventories of health
13care facilities, maintain an updated inventory on the Board's
14web site reflecting the most recent bed and service changes and
15updated need determinations when new census data become
16available or new need formulae are adopted, and develop health
17care facility plans which shall be utilized in the review of
18applications for permit under this Act. Such health facility
19plans shall be coordinated by the Board with pertinent State
20Plans. Inventories pursuant to this Section of skilled or
21intermediate care facilities licensed under the Nursing Home
22Care Act, skilled or intermediate care facilities licensed
23under the ID/DD MR/DD Community Care Act, or nursing homes
24licensed under the Hospital Licensing Act shall be conducted on
25an annual basis no later than July 1 of each year and shall
26include among the information requested a list of all services

 

 

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1provided by a facility to its residents and to the community at
2large and differentiate between active and inactive beds.
3    In developing health care facility plans, the State Board
4shall consider, but shall not be limited to, the following:
5        (a) The size, composition and growth of the population
6    of the area to be served;
7        (b) The number of existing and planned facilities
8    offering similar programs;
9        (c) The extent of utilization of existing facilities;
10        (d) The availability of facilities which may serve as
11    alternatives or substitutes;
12        (e) The availability of personnel necessary to the
13    operation of the facility;
14        (f) Multi-institutional planning and the establishment
15    of multi-institutional systems where feasible;
16        (g) The financial and economic feasibility of proposed
17    construction or modification; and
18        (h) In the case of health care facilities established
19    by a religious body or denomination, the needs of the
20    members of such religious body or denomination may be
21    considered to be public need.
22    The health care facility plans which are developed and
23adopted in accordance with this Section shall form the basis
24for the plan of the State to deal most effectively with
25statewide health needs in regard to health care facilities.
26    (5) Coordinate with the Center for Comprehensive Health

 

 

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1Planning and other state agencies having responsibilities
2affecting health care facilities, including those of licensure
3and cost reporting.
4    (6) Solicit, accept, hold and administer on behalf of the
5State any grants or bequests of money, securities or property
6for use by the State Board or Center for Comprehensive Health
7Planning in the administration of this Act; and enter into
8contracts consistent with the appropriations for purposes
9enumerated in this Act.
10    (7) The State Board shall prescribe procedures for review,
11standards, and criteria which shall be utilized to make
12periodic reviews and determinations of the appropriateness of
13any existing health services being rendered by health care
14facilities subject to the Act. The State Board shall consider
15recommendations of the Board in making its determinations.
16    (8) Prescribe, in consultation with the Center for
17Comprehensive Health Planning, rules, regulations, standards,
18and criteria for the conduct of an expeditious review of
19applications for permits for projects of construction or
20modification of a health care facility, which projects are
21classified as emergency, substantive, or non-substantive in
22nature.
23    Six months after June 30, 2009 (the effective date of
24Public Act 96-31), substantive projects shall include no more
25than the following:
26        (a) Projects to construct (1) a new or replacement

 

 

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1    facility located on a new site or (2) a replacement
2    facility located on the same site as the original facility
3    and the cost of the replacement facility exceeds the
4    capital expenditure minimum;
5        (b) Projects proposing a (1) new service or (2)
6    discontinuation of a service, which shall be reviewed by
7    the Board within 60 days; or
8        (c) Projects proposing a change in the bed capacity of
9    a health care facility by an increase in the total number
10    of beds or by a redistribution of beds among various
11    categories of service or by a relocation of beds from one
12    physical facility or site to another by more than 20 beds
13    or more than 10% of total bed capacity, as defined by the
14    State Board, whichever is less, over a 2-year period.
15    The Chairman may approve applications for exemption that
16meet the criteria set forth in rules or refer them to the full
17Board. The Chairman may approve any unopposed application that
18meets all of the review criteria or refer them to the full
19Board.
20    Such rules shall not abridge the right of the Center for
21Comprehensive Health Planning to make recommendations on the
22classification and approval of projects, nor shall such rules
23prevent the conduct of a public hearing upon the timely request
24of an interested party. Such reviews shall not exceed 60 days
25from the date the application is declared to be complete.
26    (9) Prescribe rules, regulations, standards, and criteria

 

 

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1pertaining to the granting of permits for construction and
2modifications which are emergent in nature and must be
3undertaken immediately to prevent or correct structural
4deficiencies or hazardous conditions that may harm or injure
5persons using the facility, as defined in the rules and
6regulations of the State Board. This procedure is exempt from
7public hearing requirements of this Act.
8    (10) Prescribe rules, regulations, standards and criteria
9for the conduct of an expeditious review, not exceeding 60
10days, of applications for permits for projects to construct or
11modify health care facilities which are needed for the care and
12treatment of persons who have acquired immunodeficiency
13syndrome (AIDS) or related conditions.
14    (11) Issue written decisions upon request of the applicant
15or an adversely affected party to the Board within 30 days of
16the meeting in which a final decision has been made. A "final
17decision" for purposes of this Act is the decision to approve
18or deny an application, or take other actions permitted under
19this Act, at the time and date of the meeting that such action
20is scheduled by the Board. The staff of the State Board shall
21prepare a written copy of the final decision and the State
22Board shall approve a final copy for inclusion in the formal
23record.
24    (12) Require at least one of its members to participate in
25any public hearing, after the appointment of the 9 members to
26the Board.

 

 

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1    (13) Provide a mechanism for the public to comment on, and
2request changes to, draft rules and standards.
3    (14) Implement public information campaigns to regularly
4inform the general public about the opportunity for public
5hearings and public hearing procedures.
6    (15) Establish a separate set of rules and guidelines for
7long-term care that recognizes that nursing homes are a
8different business line and service model from other regulated
9facilities. An open and transparent process shall be developed
10that considers the following: how skilled nursing fits in the
11continuum of care with other care providers, modernization of
12nursing homes, establishment of more private rooms,
13development of alternative services, and current trends in
14long-term care services. The Chairman of the Board shall
15appoint a permanent Health Services Review Board Long-term Care
16Facility Advisory Subcommittee that shall develop and
17recommend to the Board the rules to be established by the Board
18under this paragraph (15). The Subcommittee shall also provide
19continuous review and commentary on policies and procedures
20relative to long-term care and the review of related projects.
21In consultation with other experts from the health field of
22long-term care, the Board and the Subcommittee shall study new
23approaches to the current bed need formula and Health Service
24Area boundaries to encourage flexibility and innovation in
25design models reflective of the changing long-term care
26marketplace and consumer preferences. The Board shall file the

 

 

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1proposed related administrative rules for the separate rules
2and guidelines for long-term care required by this paragraph
3(15) by September 1, 2010. The Subcommittee shall be provided a
4reasonable and timely opportunity to review and comment on any
5review, revision, or updating of the criteria, standards,
6procedures, and rules used to evaluate project applications as
7provided under Section 12.3 of this Act prior to approval by
8the Board and promulgation of related rules.
9(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1096-1000, eff. 7-2-10.)
 
11    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
12    (Section scheduled to be repealed on December 31, 2019)
13    Sec. 13. Investigation of applications for permits and
14certificates of recognition. The Agency or the State Board
15shall make or cause to be made such investigations as it or the
16State Board deems necessary in connection with an application
17for a permit or an application for a certificate of
18recognition, or in connection with a determination of whether
19or not construction or modification which has been commenced is
20in accord with the permit issued by the State Board or whether
21construction or modification has been commenced without a
22permit having been obtained. The State Board may issue
23subpoenas duces tecum requiring the production of records and
24may administer oaths to such witnesses.
25    Any circuit court of this State, upon the application of

 

 

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1the State Board or upon the application of any party to such
2proceedings, may, in its discretion, compel the attendance of
3witnesses, the production of books, papers, records, or
4memoranda and the giving of testimony before the State Board,
5by a proceeding as for contempt, or otherwise, in the same
6manner as production of evidence may be compelled before the
7court.
8    The State Board shall require all health facilities
9operating in this State to provide such reasonable reports at
10such times and containing such information as is needed by it
11to carry out the purposes and provisions of this Act. Prior to
12collecting information from health facilities, the State Board
13shall make reasonable efforts through a public process to
14consult with health facilities and associations that represent
15them to determine whether data and information requests will
16result in useful information for health planning, whether
17sufficient information is available from other sources, and
18whether data requested is routinely collected by health
19facilities and is available without retrospective record
20review. Data and information requests shall not impose undue
21paperwork burdens on health care facilities and personnel.
22Health facilities not complying with this requirement shall be
23reported to licensing, accrediting, certifying, or payment
24agencies as being in violation of State law. Health care
25facilities and other parties at interest shall have reasonable
26access, under rules established by the State Board, to all

 

 

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1planning information submitted in accord with this Act
2pertaining to their area.
3    Among the reports to be required by the State Board are
4facility questionnaires for health care facilities licensed
5under the Ambulatory Surgical Treatment Center Act, the
6Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
7MR/DD Community Care Act, or the End Stage Renal Disease
8Facility Act. These questionnaires shall be conducted on an
9annual basis and compiled by the Agency. For health care
10facilities licensed under the Nursing Home Care Act or the
11ID/DD MR/DD Community Care Act, these reports shall include,
12but not be limited to, the identification of specialty services
13provided by the facility to patients, residents, and the
14community at large. For health care facilities that contain
15long term care beds, the reports shall also include the number
16of staffed long term care beds, physical capacity for long term
17care beds at the facility, and long term care beds available
18for immediate occupancy. For purposes of this paragraph, "long
19term care beds" means beds (i) licensed under the Nursing Home
20Care Act, (ii) licensed under the ID/DD MR/DD Community Care
21Act, or (iii) licensed under the Hospital Licensing Act and
22certified as skilled nursing or nursing facility beds under
23Medicaid or Medicare.
24(Source: P.A. 96-339, eff. 7-1-10.)
 
25    (20 ILCS 3960/14.1)

 

 

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1    Sec. 14.1. Denial of permit; other sanctions.
2    (a) The State Board may deny an application for a permit or
3may revoke or take other action as permitted by this Act with
4regard to a permit as the State Board deems appropriate,
5including the imposition of fines as set forth in this Section,
6for any one or a combination of the following:
7        (1) The acquisition of major medical equipment without
8    a permit or in violation of the terms of a permit.
9        (2) The establishment, construction, or modification
10    of a health care facility without a permit or in violation
11    of the terms of a permit.
12        (3) The violation of any provision of this Act or any
13    rule adopted under this Act.
14        (4) The failure, by any person subject to this Act, to
15    provide information requested by the State Board or Agency
16    within 30 days after a formal written request for the
17    information.
18        (5) The failure to pay any fine imposed under this
19    Section within 30 days of its imposition.
20    (a-5) For facilities licensed under the ID/DD MR/DD
21Community Care Act, no permit shall be denied on the basis of
22prior operator history, other than for actions specified under
23item (2), (4), or (5) of Section 3-117 of the ID/DD MR/DD
24Community Care Act. For facilities licensed under the Nursing
25Home Care Act, no permit shall be denied on the basis of prior
26operator history, other than for: (i) actions specified under

 

 

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1item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
2Home Care Act; (ii) actions specified under item (a)(6) of
3Section 3-119 of the Nursing Home Care Act; or (iii) actions
4within the preceding 5 years constituting a substantial and
5repeated failure to comply with the Nursing Home Care Act or
6the rules and regulations adopted by the Department under that
7Act. The State Board shall not deny a permit on account of any
8action described in this subsection (a-5) without also
9considering all such actions in the light of all relevant
10information available to the State Board, including whether the
11permit is sought to substantially comply with a mandatory or
12voluntary plan of correction associated with any action
13described in this subsection (a-5).
14    (b) Persons shall be subject to fines as follows:
15        (1) A permit holder who fails to comply with the
16    requirements of maintaining a valid permit shall be fined
17    an amount not to exceed 1% of the approved permit amount
18    plus an additional 1% of the approved permit amount for
19    each 30-day period, or fraction thereof, that the violation
20    continues.
21        (2) A permit holder who alters the scope of an approved
22    project or whose project costs exceed the allowable permit
23    amount without first obtaining approval from the State
24    Board shall be fined an amount not to exceed the sum of (i)
25    the lesser of $25,000 or 2% of the approved permit amount
26    and (ii) in those cases where the approved permit amount is

 

 

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1    exceeded by more than $1,000,000, an additional $20,000 for
2    each $1,000,000, or fraction thereof, in excess of the
3    approved permit amount.
4        (3) A person who acquires major medical equipment or
5    who establishes a category of service without first
6    obtaining a permit or exemption, as the case may be, shall
7    be fined an amount not to exceed $10,000 for each such
8    acquisition or category of service established plus an
9    additional $10,000 for each 30-day period, or fraction
10    thereof, that the violation continues.
11        (4) A person who constructs, modifies, or establishes a
12    health care facility without first obtaining a permit shall
13    be fined an amount not to exceed $25,000 plus an additional
14    $25,000 for each 30-day period, or fraction thereof, that
15    the violation continues.
16        (5) A person who discontinues a health care facility or
17    a category of service without first obtaining a permit
18    shall be fined an amount not to exceed $10,000 plus an
19    additional $10,000 for each 30-day period, or fraction
20    thereof, that the violation continues. For purposes of this
21    subparagraph (5), facilities licensed under the Nursing
22    Home Care Act or the ID/DD MR/DD Community Care Act, with
23    the exceptions of facilities operated by a county or
24    Illinois Veterans Homes, are exempt from this permit
25    requirement. However, facilities licensed under the
26    Nursing Home Care Act or the ID/DD MR/DD Community Care Act

 

 

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1    must comply with Section 3-423 of the Nursing Home Care Act
2    or Section 3-423 of the ID/DD MR/DD Community Care Act and
3    must provide the Board with 30-days' written notice of its
4    intent to close.
5        (6) A person subject to this Act who fails to provide
6    information requested by the State Board or Agency within
7    30 days of a formal written request shall be fined an
8    amount not to exceed $1,000 plus an additional $1,000 for
9    each 30-day period, or fraction thereof, that the
10    information is not received by the State Board or Agency.
11    (c) Before imposing any fine authorized under this Section,
12the State Board shall afford the person or permit holder, as
13the case may be, an appearance before the State Board and an
14opportunity for a hearing before a hearing officer appointed by
15the State Board. The hearing shall be conducted in accordance
16with Section 10.
17    (d) All fines collected under this Act shall be transmitted
18to the State Treasurer, who shall deposit them into the
19Illinois Health Facilities Planning Fund.
20(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10;
2196-1372, eff. 7-29-10.)
 
22    Section 30. The State Finance Act is amended by changing
23Section 8.8 as follows:
 
24    (30 ILCS 105/8.8)  (from Ch. 127, par. 144.8)

 

 

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1    Sec. 8.8. Appropriations for the improvement, development,
2addition or expansion of services for the care, treatment, and
3training of persons who are intellectually disabled mentally
4retarded or subject to involuntary admission under the Mental
5Health and Developmental Disabilities Code or for the financing
6of any program designed to provide such improvement,
7development, addition or expansion of services or for expenses
8incurred in administering the provisions of Sections 5-105 to
95-115, inclusive, of the Mental Health and Developmental
10Disabilities Code, or other ordinary and contingent expenses of
11the Department of Human Services relating to mental health and
12developmental disabilities, are payable from the Mental Health
13Fund. However, no expenditures shall be made for the purchase,
14construction, lease, or rental of buildings for use as
15State-operated mental health or developmental disability
16facilities.
17(Source: P.A. 96-959, eff. 7-1-10.)
 
18    Section 35. The Business Enterprise for Minorities,
19Females, and Persons with Disabilities Act is amended by
20changing Section 2 as follows:
 
21    (30 ILCS 575/2)
22    (Section scheduled to be repealed on June 30, 2012)
23    Sec. 2. Definitions.
24    (A) For the purpose of this Act, the following terms shall

 

 

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1have the following definitions:
2    (1) "Minority person" shall mean a person who is a citizen
3or lawful permanent resident of the United States and who is:
4        (a) African American (a person having origins in any of
5    the black racial groups in Africa);
6        (b) Hispanic (a person of Spanish or Portuguese culture
7    with origins in Mexico, South or Central America, or the
8    Caribbean Islands, regardless of race);
9        (c) Asian American (a person having origins in any of
10    the original peoples of the Far East, Southeast Asia, the
11    Indian Subcontinent or the Pacific Islands); or
12        (d) Native American or Alaskan Native (a person having
13    origins in any of the original peoples of North America).
14    (2) "Female" shall mean a person who is a citizen or lawful
15permanent resident of the United States and who is of the
16female gender.
17    (2.05) "Person with a disability" means a person who is a
18citizen or lawful resident of the United States and is a person
19qualifying as being disabled under subdivision (2.1) of this
20subsection (A).
21    (2.1) "Disabled" means a severe physical or mental
22disability that:
23    (a) results from:
24    amputation,
25    arthritis,
26    autism,

 

 

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1    blindness,
2    burn injury,
3    cancer,
4    cerebral palsy,
5    Crohn's disease,
6    cystic fibrosis,
7    deafness,
8    head injury,
9    heart disease,
10    hemiplegia,
11    hemophilia,
12    respiratory or pulmonary dysfunction,
13    an intellectual disability mental retardation,
14    mental illness,
15    multiple sclerosis,
16    muscular dystrophy,
17    musculoskeletal disorders,
18    neurological disorders, including stroke and epilepsy,
19    paraplegia,
20    quadriplegia and other spinal cord conditions,
21    sickle cell anemia,
22    ulcerative colitis,
23    specific learning disabilities, or
24    end stage renal failure disease; and
25    (b) substantially limits one or more of the person's major
26life activities.

 

 

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1    Another disability or combination of disabilities may also
2be considered as a severe disability for the purposes of item
3(a) of this subdivision (2.1) if it is determined by an
4evaluation of rehabilitation potential to cause a comparable
5degree of substantial functional limitation similar to the
6specific list of disabilities listed in item (a) of this
7subdivision (2.1).
8    (3) "Minority owned business" means a business concern
9which is at least 51% owned by one or more minority persons, or
10in the case of a corporation, at least 51% of the stock in
11which is owned by one or more minority persons; and the
12management and daily business operations of which are
13controlled by one or more of the minority individuals who own
14it.
15    (4) "Female owned business" means a business concern which
16is at least 51% owned by one or more females, or, in the case of
17a corporation, at least 51% of the stock in which is owned by
18one or more females; and the management and daily business
19operations of which are controlled by one or more of the
20females who own it.
21    (4.1) "Business owned by a person with a disability" means
22a business concern that is at least 51% owned by one or more
23persons with a disability and the management and daily business
24operations of which are controlled by one or more of the
25persons with disabilities who own it. A not-for-profit agency
26for persons with disabilities that is exempt from taxation

 

 

09700SB1833sam001- 121 -LRB097 07747 KTG 51610 a

1under Section 501 of the Internal Revenue Code of 1986 is also
2considered a "business owned by a person with a disability".
3    (4.2) "Council" means the Business Enterprise Council for
4Minorities, Females, and Persons with Disabilities created
5under Section 5 of this Act.
6    (5) "State contracts" shall mean all State contracts,
7funded exclusively with State funds which are not subject to
8federal reimbursement, whether competitively bid or negotiated
9as defined by the Secretary of the Council and approved by the
10Council.
11    "State construction contracts" means all State contracts
12entered into by a State agency or State university for the
13repair, remodeling, renovation or construction of a building or
14structure, or for the construction or maintenance of a highway
15defined in Article 2 of the Illinois Highway Code.
16    (6) "State agencies" shall mean all departments, officers,
17boards, commissions, institutions and bodies politic and
18corporate of the State, but does not include the Board of
19Trustees of the University of Illinois, the Board of Trustees
20of Southern Illinois University, the Board of Trustees of
21Chicago State University, the Board of Trustees of Eastern
22Illinois University, the Board of Trustees of Governors State
23University, the Board of Trustees of Illinois State University,
24the Board of Trustees of Northeastern Illinois University, the
25Board of Trustees of Northern Illinois University, the Board of
26Trustees of Western Illinois University, municipalities or

 

 

09700SB1833sam001- 122 -LRB097 07747 KTG 51610 a

1other local governmental units, or other State constitutional
2officers.
3    (7) "State universities" shall mean the Board of Trustees
4of the University of Illinois, the Board of Trustees of
5Southern Illinois University, the Board of Trustees of Chicago
6State University, the Board of Trustees of Eastern Illinois
7University, the Board of Trustees of Governors State
8University, the Board of Trustees of Illinois State University,
9the Board of Trustees of Northeastern Illinois University, the
10Board of Trustees of Northern Illinois University, and the
11Board of Trustees of Western Illinois University.
12    (8) "Certification" means a determination made by the
13Council or by one delegated authority from the Council to make
14certifications, or by a State agency with statutory authority
15to make such a certification, that a business entity is a
16business owned by a minority, female, or person with a
17disability for whatever purpose. A business owned and
18controlled by females shall select and designate whether such
19business is to be certified as a "Female-owned business" or
20"Minority-owned business" if the females are also minorities.
21    (9) "Control" means the exclusive or ultimate and sole
22control of the business including, but not limited to, capital
23investment and all other financial matters, property,
24acquisitions, contract negotiations, legal matters,
25officer-director-employee selection and comprehensive hiring,
26operating responsibilities, cost-control matters, income and

 

 

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1dividend matters, financial transactions and rights of other
2shareholders or joint partners. Control shall be real,
3substantial and continuing, not pro forma. Control shall
4include the power to direct or cause the direction of the
5management and policies of the business and to make the
6day-to-day as well as major decisions in matters of policy,
7management and operations. Control shall be exemplified by
8possessing the requisite knowledge and expertise to run the
9particular business and control shall not include simple
10majority or absentee ownership.
11    (10) "Business concern or business" means a business that
12has annual gross sales of less than $75,000,000 as evidenced by
13the federal income tax return of the business. A firm with
14gross sales in excess of this cap may apply to the Council for
15certification for a particular contract if the firm can
16demonstrate that the contract would have significant impact on
17businesses owned by minorities, females, or persons with
18disabilities as suppliers or subcontractors or in employment of
19minorities, females, or persons with disabilities.
20    (B) When a business concern is owned at least 51% by any
21combination of minority persons, females, or persons with
22disabilities, even though none of the 3 classes alone holds at
23least a 51% interest, the ownership requirement for purposes of
24this Act is considered to be met. The certification category
25for the business is that of the class holding the largest
26ownership interest in the business. If 2 or more classes have

 

 

09700SB1833sam001- 124 -LRB097 07747 KTG 51610 a

1equal ownership interests, the certification category shall be
2determined by the business concern.
3(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09;
496-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for effective
5date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10.)
 
6    Section 36. The Illinois Income Tax Act is amended by
7changing Section 806 as follows:
 
8    (35 ILCS 5/806)
9    Sec. 806. Exemption from penalty. An individual taxpayer
10shall not be subject to a penalty for failing to pay estimated
11tax as required by Section 803 if the taxpayer is 65 years of
12age or older and is a permanent resident of a nursing home. For
13purposes of this Section, "nursing home" means a skilled
14nursing or intermediate long term care facility that is subject
15to licensure by the Illinois Department of Public Health under
16the Nursing Home Care Act or the ID/DD MR/DD Community Care
17Act.
18(Source: P.A. 96-339, eff. 7-1-10.)
 
19    Section 37. The Use Tax Act is amended by changing Section
203-5 as follows:
 
21    (35 ILCS 105/3-5)
22    Sec. 3-5. Exemptions. Use of the following tangible

 

 

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1personal property is exempt from the tax imposed by this Act:
2    (1) Personal property purchased from a corporation,
3society, association, foundation, institution, or
4organization, other than a limited liability company, that is
5organized and operated as a not-for-profit service enterprise
6for the benefit of persons 65 years of age or older if the
7personal property was not purchased by the enterprise for the
8purpose of resale by the enterprise.
9    (2) Personal property purchased by a not-for-profit
10Illinois county fair association for use in conducting,
11operating, or promoting the county fair.
12    (3) Personal property purchased by a not-for-profit arts or
13cultural organization that establishes, by proof required by
14the Department by rule, that it has received an exemption under
15Section 501(c)(3) of the Internal Revenue Code and that is
16organized and operated primarily for the presentation or
17support of arts or cultural programming, activities, or
18services. These organizations include, but are not limited to,
19music and dramatic arts organizations such as symphony
20orchestras and theatrical groups, arts and cultural service
21organizations, local arts councils, visual arts organizations,
22and media arts organizations. On and after the effective date
23of this amendatory Act of the 92nd General Assembly, however,
24an entity otherwise eligible for this exemption shall not make
25tax-free purchases unless it has an active identification
26number issued by the Department.

 

 

09700SB1833sam001- 126 -LRB097 07747 KTG 51610 a

1    (4) Personal property purchased by a governmental body, by
2a corporation, society, association, foundation, or
3institution organized and operated exclusively for charitable,
4religious, or educational purposes, or by a not-for-profit
5corporation, society, association, foundation, institution, or
6organization that has no compensated officers or employees and
7that is organized and operated primarily for the recreation of
8persons 55 years of age or older. A limited liability company
9may qualify for the exemption under this paragraph only if the
10limited liability company is organized and operated
11exclusively for educational purposes. On and after July 1,
121987, however, no entity otherwise eligible for this exemption
13shall make tax-free purchases unless it has an active exemption
14identification number issued by the Department.
15    (5) Until July 1, 2003, a passenger car that is a
16replacement vehicle to the extent that the purchase price of
17the car is subject to the Replacement Vehicle Tax.
18    (6) Until July 1, 2003 and beginning again on September 1,
192004 through August 30, 2014, graphic arts machinery and
20equipment, including repair and replacement parts, both new and
21used, and including that manufactured on special order,
22certified by the purchaser to be used primarily for graphic
23arts production, and including machinery and equipment
24purchased for lease. Equipment includes chemicals or chemicals
25acting as catalysts but only if the chemicals or chemicals
26acting as catalysts effect a direct and immediate change upon a

 

 

09700SB1833sam001- 127 -LRB097 07747 KTG 51610 a

1graphic arts product.
2    (7) Farm chemicals.
3    (8) Legal tender, currency, medallions, or gold or silver
4coinage issued by the State of Illinois, the government of the
5United States of America, or the government of any foreign
6country, and bullion.
7    (9) Personal property purchased from a teacher-sponsored
8student organization affiliated with an elementary or
9secondary school located in Illinois.
10    (10) A motor vehicle of the first division, a motor vehicle
11of the second division that is a self-contained motor vehicle
12designed or permanently converted to provide living quarters
13for recreational, camping, or travel use, with direct walk
14through to the living quarters from the driver's seat, or a
15motor vehicle of the second division that is of the van
16configuration designed for the transportation of not less than
177 nor more than 16 passengers, as defined in Section 1-146 of
18the Illinois Vehicle Code, that is used for automobile renting,
19as defined in the Automobile Renting Occupation and Use Tax
20Act.
21    (11) Farm machinery and equipment, both new and used,
22including that manufactured on special order, certified by the
23purchaser to be used primarily for production agriculture or
24State or federal agricultural programs, including individual
25replacement parts for the machinery and equipment, including
26machinery and equipment purchased for lease, and including

 

 

09700SB1833sam001- 128 -LRB097 07747 KTG 51610 a

1implements of husbandry defined in Section 1-130 of the
2Illinois Vehicle Code, farm machinery and agricultural
3chemical and fertilizer spreaders, and nurse wagons required to
4be registered under Section 3-809 of the Illinois Vehicle Code,
5but excluding other motor vehicles required to be registered
6under the Illinois Vehicle Code. Horticultural polyhouses or
7hoop houses used for propagating, growing, or overwintering
8plants shall be considered farm machinery and equipment under
9this item (11). Agricultural chemical tender tanks and dry
10boxes shall include units sold separately from a motor vehicle
11required to be licensed and units sold mounted on a motor
12vehicle required to be licensed if the selling price of the
13tender is separately stated.
14    Farm machinery and equipment shall include precision
15farming equipment that is installed or purchased to be
16installed on farm machinery and equipment including, but not
17limited to, tractors, harvesters, sprayers, planters, seeders,
18or spreaders. Precision farming equipment includes, but is not
19limited to, soil testing sensors, computers, monitors,
20software, global positioning and mapping systems, and other
21such equipment.
22    Farm machinery and equipment also includes computers,
23sensors, software, and related equipment used primarily in the
24computer-assisted operation of production agriculture
25facilities, equipment, and activities such as, but not limited
26to, the collection, monitoring, and correlation of animal and

 

 

09700SB1833sam001- 129 -LRB097 07747 KTG 51610 a

1crop data for the purpose of formulating animal diets and
2agricultural chemicals. This item (11) is exempt from the
3provisions of Section 3-90.
4    (12) Fuel and petroleum products sold to or used by an air
5common carrier, certified by the carrier to be used for
6consumption, shipment, or storage in the conduct of its
7business as an air common carrier, for a flight destined for or
8returning from a location or locations outside the United
9States without regard to previous or subsequent domestic
10stopovers.
11    (13) Proceeds of mandatory service charges separately
12stated on customers' bills for the purchase and consumption of
13food and beverages purchased at retail from a retailer, to the
14extent that the proceeds of the service charge are in fact
15turned over as tips or as a substitute for tips to the
16employees who participate directly in preparing, serving,
17hosting or cleaning up the food or beverage function with
18respect to which the service charge is imposed.
19    (14) Until July 1, 2003, oil field exploration, drilling,
20and production equipment, including (i) rigs and parts of rigs,
21rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
22tubular goods, including casing and drill strings, (iii) pumps
23and pump-jack units, (iv) storage tanks and flow lines, (v) any
24individual replacement part for oil field exploration,
25drilling, and production equipment, and (vi) machinery and
26equipment purchased for lease; but excluding motor vehicles

 

 

09700SB1833sam001- 130 -LRB097 07747 KTG 51610 a

1required to be registered under the Illinois Vehicle Code.
2    (15) Photoprocessing machinery and equipment, including
3repair and replacement parts, both new and used, including that
4manufactured on special order, certified by the purchaser to be
5used primarily for photoprocessing, and including
6photoprocessing machinery and equipment purchased for lease.
7    (16) Until July 1, 2003, coal exploration, mining,
8offhighway hauling, processing, maintenance, and reclamation
9equipment, including replacement parts and equipment, and
10including equipment purchased for lease, but excluding motor
11vehicles required to be registered under the Illinois Vehicle
12Code.
13    (17) Until July 1, 2003, distillation machinery and
14equipment, sold as a unit or kit, assembled or installed by the
15retailer, certified by the user to be used only for the
16production of ethyl alcohol that will be used for consumption
17as motor fuel or as a component of motor fuel for the personal
18use of the user, and not subject to sale or resale.
19    (18) Manufacturing and assembling machinery and equipment
20used primarily in the process of manufacturing or assembling
21tangible personal property for wholesale or retail sale or
22lease, whether that sale or lease is made directly by the
23manufacturer or by some other person, whether the materials
24used in the process are owned by the manufacturer or some other
25person, or whether that sale or lease is made apart from or as
26an incident to the seller's engaging in the service occupation

 

 

09700SB1833sam001- 131 -LRB097 07747 KTG 51610 a

1of producing machines, tools, dies, jigs, patterns, gauges, or
2other similar items of no commercial value on special order for
3a particular purchaser.
4    (19) Personal property delivered to a purchaser or
5purchaser's donee inside Illinois when the purchase order for
6that personal property was received by a florist located
7outside Illinois who has a florist located inside Illinois
8deliver the personal property.
9    (20) Semen used for artificial insemination of livestock
10for direct agricultural production.
11    (21) Horses, or interests in horses, registered with and
12meeting the requirements of any of the Arabian Horse Club
13Registry of America, Appaloosa Horse Club, American Quarter
14Horse Association, United States Trotting Association, or
15Jockey Club, as appropriate, used for purposes of breeding or
16racing for prizes. This item (21) is exempt from the provisions
17of Section 3-90, and the exemption provided for under this item
18(21) applies for all periods beginning May 30, 1995, but no
19claim for credit or refund is allowed on or after January 1,
202008 for such taxes paid during the period beginning May 30,
212000 and ending on January 1, 2008.
22    (22) Computers and communications equipment utilized for
23any hospital purpose and equipment used in the diagnosis,
24analysis, or treatment of hospital patients purchased by a
25lessor who leases the equipment, under a lease of one year or
26longer executed or in effect at the time the lessor would

 

 

09700SB1833sam001- 132 -LRB097 07747 KTG 51610 a

1otherwise be subject to the tax imposed by this Act, to a
2hospital that has been issued an active tax exemption
3identification number by the Department under Section 1g of the
4Retailers' Occupation Tax Act. If the equipment is leased in a
5manner that does not qualify for this exemption or is used in
6any other non-exempt manner, the lessor shall be liable for the
7tax imposed under this Act or the Service Use Tax Act, as the
8case may be, based on the fair market value of the property at
9the time the non-qualifying use occurs. No lessor shall collect
10or attempt to collect an amount (however designated) that
11purports to reimburse that lessor for the tax imposed by this
12Act or the Service Use Tax Act, as the case may be, if the tax
13has not been paid by the lessor. If a lessor improperly
14collects any such amount from the lessee, the lessee shall have
15a legal right to claim a refund of that amount from the lessor.
16If, however, that amount is not refunded to the lessee for any
17reason, the lessor is liable to pay that amount to the
18Department.
19    (23) Personal property purchased by a lessor who leases the
20property, under a lease of one year or longer executed or in
21effect at the time the lessor would otherwise be subject to the
22tax imposed by this Act, to a governmental body that has been
23issued an active sales tax exemption identification number by
24the Department under Section 1g of the Retailers' Occupation
25Tax Act. If the property is leased in a manner that does not
26qualify for this exemption or used in any other non-exempt

 

 

09700SB1833sam001- 133 -LRB097 07747 KTG 51610 a

1manner, the lessor shall be liable for the tax imposed under
2this Act or the Service Use Tax Act, as the case may be, based
3on the fair market value of the property at the time the
4non-qualifying use occurs. No lessor shall collect or attempt
5to collect an amount (however designated) that purports to
6reimburse that lessor for the tax imposed by this Act or the
7Service Use Tax Act, as the case may be, if the tax has not been
8paid by the lessor. If a lessor improperly collects any such
9amount from the lessee, the lessee shall have a legal right to
10claim a refund of that amount from the lessor. If, however,
11that amount is not refunded to the lessee for any reason, the
12lessor is liable to pay that amount to the Department.
13    (24) Beginning with taxable years ending on or after
14December 31, 1995 and ending with taxable years ending on or
15before December 31, 2004, personal property that is donated for
16disaster relief to be used in a State or federally declared
17disaster area in Illinois or bordering Illinois by a
18manufacturer or retailer that is registered in this State to a
19corporation, society, association, foundation, or institution
20that has been issued a sales tax exemption identification
21number by the Department that assists victims of the disaster
22who reside within the declared disaster area.
23    (25) Beginning with taxable years ending on or after
24December 31, 1995 and ending with taxable years ending on or
25before December 31, 2004, personal property that is used in the
26performance of infrastructure repairs in this State, including

 

 

09700SB1833sam001- 134 -LRB097 07747 KTG 51610 a

1but not limited to municipal roads and streets, access roads,
2bridges, sidewalks, waste disposal systems, water and sewer
3line extensions, water distribution and purification
4facilities, storm water drainage and retention facilities, and
5sewage treatment facilities, resulting from a State or
6federally declared disaster in Illinois or bordering Illinois
7when such repairs are initiated on facilities located in the
8declared disaster area within 6 months after the disaster.
9    (26) Beginning July 1, 1999, game or game birds purchased
10at a "game breeding and hunting preserve area" or an "exotic
11game hunting area" as those terms are used in the Wildlife Code
12or at a hunting enclosure approved through rules adopted by the
13Department of Natural Resources. This paragraph is exempt from
14the provisions of Section 3-90.
15    (27) A motor vehicle, as that term is defined in Section
161-146 of the Illinois Vehicle Code, that is donated to a
17corporation, limited liability company, society, association,
18foundation, or institution that is determined by the Department
19to be organized and operated exclusively for educational
20purposes. For purposes of this exemption, "a corporation,
21limited liability company, society, association, foundation,
22or institution organized and operated exclusively for
23educational purposes" means all tax-supported public schools,
24private schools that offer systematic instruction in useful
25branches of learning by methods common to public schools and
26that compare favorably in their scope and intensity with the

 

 

09700SB1833sam001- 135 -LRB097 07747 KTG 51610 a

1course of study presented in tax-supported schools, and
2vocational or technical schools or institutes organized and
3operated exclusively to provide a course of study of not less
4than 6 weeks duration and designed to prepare individuals to
5follow a trade or to pursue a manual, technical, mechanical,
6industrial, business, or commercial occupation.
7    (28) Beginning January 1, 2000, personal property,
8including food, purchased through fundraising events for the
9benefit of a public or private elementary or secondary school,
10a group of those schools, or one or more school districts if
11the events are sponsored by an entity recognized by the school
12district that consists primarily of volunteers and includes
13parents and teachers of the school children. This paragraph
14does not apply to fundraising events (i) for the benefit of
15private home instruction or (ii) for which the fundraising
16entity purchases the personal property sold at the events from
17another individual or entity that sold the property for the
18purpose of resale by the fundraising entity and that profits
19from the sale to the fundraising entity. This paragraph is
20exempt from the provisions of Section 3-90.
21    (29) Beginning January 1, 2000 and through December 31,
222001, new or used automatic vending machines that prepare and
23serve hot food and beverages, including coffee, soup, and other
24items, and replacement parts for these machines. Beginning
25January 1, 2002 and through June 30, 2003, machines and parts
26for machines used in commercial, coin-operated amusement and

 

 

09700SB1833sam001- 136 -LRB097 07747 KTG 51610 a

1vending business if a use or occupation tax is paid on the
2gross receipts derived from the use of the commercial,
3coin-operated amusement and vending machines. This paragraph
4is exempt from the provisions of Section 3-90.
5    (30) Beginning January 1, 2001 and through June 30, 2011,
6food for human consumption that is to be consumed off the
7premises where it is sold (other than alcoholic beverages, soft
8drinks, and food that has been prepared for immediate
9consumption) and prescription and nonprescription medicines,
10drugs, medical appliances, and insulin, urine testing
11materials, syringes, and needles used by diabetics, for human
12use, when purchased for use by a person receiving medical
13assistance under Article V of the Illinois Public Aid Code who
14resides in a licensed long-term care facility, as defined in
15the Nursing Home Care Act, or in a licensed facility as defined
16in the ID/DD MR/DD Community Care Act.
17    (31) Beginning on the effective date of this amendatory Act
18of the 92nd General Assembly, computers and communications
19equipment utilized for any hospital purpose and equipment used
20in the diagnosis, analysis, or treatment of hospital patients
21purchased by a lessor who leases the equipment, under a lease
22of one year or longer executed or in effect at the time the
23lessor would otherwise be subject to the tax imposed by this
24Act, to a hospital that has been issued an active tax exemption
25identification number by the Department under Section 1g of the
26Retailers' Occupation Tax Act. If the equipment is leased in a

 

 

09700SB1833sam001- 137 -LRB097 07747 KTG 51610 a

1manner that does not qualify for this exemption or is used in
2any other nonexempt manner, the lessor shall be liable for the
3tax imposed under this Act or the Service Use Tax Act, as the
4case may be, based on the fair market value of the property at
5the time the nonqualifying use occurs. No lessor shall collect
6or attempt to collect an amount (however designated) that
7purports to reimburse that lessor for the tax imposed by this
8Act or the Service Use Tax Act, as the case may be, if the tax
9has not been paid by the lessor. If a lessor improperly
10collects any such amount from the lessee, the lessee shall have
11a legal right to claim a refund of that amount from the lessor.
12If, however, that amount is not refunded to the lessee for any
13reason, the lessor is liable to pay that amount to the
14Department. This paragraph is exempt from the provisions of
15Section 3-90.
16    (32) Beginning on the effective date of this amendatory Act
17of the 92nd General Assembly, personal property purchased by a
18lessor who leases the property, under a lease of one year or
19longer executed or in effect at the time the lessor would
20otherwise be subject to the tax imposed by this Act, to a
21governmental body that has been issued an active sales tax
22exemption identification number by the Department under
23Section 1g of the Retailers' Occupation Tax Act. If the
24property is leased in a manner that does not qualify for this
25exemption or used in any other nonexempt manner, the lessor
26shall be liable for the tax imposed under this Act or the

 

 

09700SB1833sam001- 138 -LRB097 07747 KTG 51610 a

1Service Use Tax Act, as the case may be, based on the fair
2market value of the property at the time the nonqualifying use
3occurs. No lessor shall collect or attempt to collect an amount
4(however designated) that purports to reimburse that lessor for
5the tax imposed by this Act or the Service Use Tax Act, as the
6case may be, if the tax has not been paid by the lessor. If a
7lessor improperly collects any such amount from the lessee, the
8lessee shall have a legal right to claim a refund of that
9amount from the lessor. If, however, that amount is not
10refunded to the lessee for any reason, the lessor is liable to
11pay that amount to the Department. This paragraph is exempt
12from the provisions of Section 3-90.
13    (33) On and after July 1, 2003 and through June 30, 2004,
14the use in this State of motor vehicles of the second division
15with a gross vehicle weight in excess of 8,000 pounds and that
16are subject to the commercial distribution fee imposed under
17Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
181, 2004 and through June 30, 2005, the use in this State of
19motor vehicles of the second division: (i) with a gross vehicle
20weight rating in excess of 8,000 pounds; (ii) that are subject
21to the commercial distribution fee imposed under Section
223-815.1 of the Illinois Vehicle Code; and (iii) that are
23primarily used for commercial purposes. Through June 30, 2005,
24this exemption applies to repair and replacement parts added
25after the initial purchase of such a motor vehicle if that
26motor vehicle is used in a manner that would qualify for the

 

 

09700SB1833sam001- 139 -LRB097 07747 KTG 51610 a

1rolling stock exemption otherwise provided for in this Act. For
2purposes of this paragraph, the term "used for commercial
3purposes" means the transportation of persons or property in
4furtherance of any commercial or industrial enterprise,
5whether for-hire or not.
6    (34) Beginning January 1, 2008, tangible personal property
7used in the construction or maintenance of a community water
8supply, as defined under Section 3.145 of the Environmental
9Protection Act, that is operated by a not-for-profit
10corporation that holds a valid water supply permit issued under
11Title IV of the Environmental Protection Act. This paragraph is
12exempt from the provisions of Section 3-90.
13    (35) Beginning January 1, 2010, materials, parts,
14equipment, components, and furnishings incorporated into or
15upon an aircraft as part of the modification, refurbishment,
16completion, replacement, repair, or maintenance of the
17aircraft. This exemption includes consumable supplies used in
18the modification, refurbishment, completion, replacement,
19repair, and maintenance of aircraft, but excludes any
20materials, parts, equipment, components, and consumable
21supplies used in the modification, replacement, repair, and
22maintenance of aircraft engines or power plants, whether such
23engines or power plants are installed or uninstalled upon any
24such aircraft. "Consumable supplies" include, but are not
25limited to, adhesive, tape, sandpaper, general purpose
26lubricants, cleaning solution, latex gloves, and protective

 

 

09700SB1833sam001- 140 -LRB097 07747 KTG 51610 a

1films. This exemption applies only to those organizations that
2(i) hold an Air Agency Certificate and are empowered to operate
3an approved repair station by the Federal Aviation
4Administration, (ii) have a Class IV Rating, and (iii) conduct
5operations in accordance with Part 145 of the Federal Aviation
6Regulations. The exemption does not include aircraft operated
7by a commercial air carrier providing scheduled passenger air
8service pursuant to authority issued under Part 121 or Part 129
9of the Federal Aviation Regulations.
10    (36) Tangible personal property purchased by a
11public-facilities corporation, as described in Section
1211-65-10 of the Illinois Municipal Code, for purposes of
13constructing or furnishing a municipal convention hall, but
14only if the legal title to the municipal convention hall is
15transferred to the municipality without any further
16consideration by or on behalf of the municipality at the time
17of the completion of the municipal convention hall or upon the
18retirement or redemption of any bonds or other debt instruments
19issued by the public-facilities corporation in connection with
20the development of the municipal convention hall. This
21exemption includes existing public-facilities corporations as
22provided in Section 11-65-25 of the Illinois Municipal Code.
23This paragraph is exempt from the provisions of Section 3-90.
24(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
25eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
2696-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.

 

 

09700SB1833sam001- 141 -LRB097 07747 KTG 51610 a

17-2-10.)
 
2    Section 38. The Service Use Tax Act is amended by changing
3Sections 3-5 and 3-10 as follows:
 
4    (35 ILCS 110/3-5)
5    Sec. 3-5. Exemptions. Use of the following tangible
6personal property is exempt from the tax imposed by this Act:
7    (1) Personal property purchased from a corporation,
8society, association, foundation, institution, or
9organization, other than a limited liability company, that is
10organized and operated as a not-for-profit service enterprise
11for the benefit of persons 65 years of age or older if the
12personal property was not purchased by the enterprise for the
13purpose of resale by the enterprise.
14    (2) Personal property purchased by a non-profit Illinois
15county fair association for use in conducting, operating, or
16promoting the county fair.
17    (3) Personal property purchased by a not-for-profit arts or
18cultural organization that establishes, by proof required by
19the Department by rule, that it has received an exemption under
20Section 501(c)(3) of the Internal Revenue Code and that is
21organized and operated primarily for the presentation or
22support of arts or cultural programming, activities, or
23services. These organizations include, but are not limited to,
24music and dramatic arts organizations such as symphony

 

 

09700SB1833sam001- 142 -LRB097 07747 KTG 51610 a

1orchestras and theatrical groups, arts and cultural service
2organizations, local arts councils, visual arts organizations,
3and media arts organizations. On and after the effective date
4of this amendatory Act of the 92nd General Assembly, however,
5an entity otherwise eligible for this exemption shall not make
6tax-free purchases unless it has an active identification
7number issued by the Department.
8    (4) Legal tender, currency, medallions, or gold or silver
9coinage issued by the State of Illinois, the government of the
10United States of America, or the government of any foreign
11country, and bullion.
12    (5) Until July 1, 2003 and beginning again on September 1,
132004 through August 30, 2014, graphic arts machinery and
14equipment, including repair and replacement parts, both new and
15used, and including that manufactured on special order or
16purchased for lease, certified by the purchaser to be used
17primarily for graphic arts production. Equipment includes
18chemicals or chemicals acting as catalysts but only if the
19chemicals or chemicals acting as catalysts effect a direct and
20immediate change upon a graphic arts product.
21    (6) Personal property purchased from a teacher-sponsored
22student organization affiliated with an elementary or
23secondary school located in Illinois.
24    (7) Farm machinery and equipment, both new and used,
25including that manufactured on special order, certified by the
26purchaser to be used primarily for production agriculture or

 

 

09700SB1833sam001- 143 -LRB097 07747 KTG 51610 a

1State or federal agricultural programs, including individual
2replacement parts for the machinery and equipment, including
3machinery and equipment purchased for lease, and including
4implements of husbandry defined in Section 1-130 of the
5Illinois Vehicle Code, farm machinery and agricultural
6chemical and fertilizer spreaders, and nurse wagons required to
7be registered under Section 3-809 of the Illinois Vehicle Code,
8but excluding other motor vehicles required to be registered
9under the Illinois Vehicle Code. Horticultural polyhouses or
10hoop houses used for propagating, growing, or overwintering
11plants shall be considered farm machinery and equipment under
12this item (7). Agricultural chemical tender tanks and dry boxes
13shall include units sold separately from a motor vehicle
14required to be licensed and units sold mounted on a motor
15vehicle required to be licensed if the selling price of the
16tender is separately stated.
17    Farm machinery and equipment shall include precision
18farming equipment that is installed or purchased to be
19installed on farm machinery and equipment including, but not
20limited to, tractors, harvesters, sprayers, planters, seeders,
21or spreaders. Precision farming equipment includes, but is not
22limited to, soil testing sensors, computers, monitors,
23software, global positioning and mapping systems, and other
24such equipment.
25    Farm machinery and equipment also includes computers,
26sensors, software, and related equipment used primarily in the

 

 

09700SB1833sam001- 144 -LRB097 07747 KTG 51610 a

1computer-assisted operation of production agriculture
2facilities, equipment, and activities such as, but not limited
3to, the collection, monitoring, and correlation of animal and
4crop data for the purpose of formulating animal diets and
5agricultural chemicals. This item (7) is exempt from the
6provisions of Section 3-75.
7    (8) Fuel and petroleum products sold to or used by an air
8common carrier, certified by the carrier to be used for
9consumption, shipment, or storage in the conduct of its
10business as an air common carrier, for a flight destined for or
11returning from a location or locations outside the United
12States without regard to previous or subsequent domestic
13stopovers.
14    (9) Proceeds of mandatory service charges separately
15stated on customers' bills for the purchase and consumption of
16food and beverages acquired as an incident to the purchase of a
17service from a serviceman, to the extent that the proceeds of
18the service charge are in fact turned over as tips or as a
19substitute for tips to the employees who participate directly
20in preparing, serving, hosting or cleaning up the food or
21beverage function with respect to which the service charge is
22imposed.
23    (10) Until July 1, 2003, oil field exploration, drilling,
24and production equipment, including (i) rigs and parts of rigs,
25rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
26tubular goods, including casing and drill strings, (iii) pumps

 

 

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1and pump-jack units, (iv) storage tanks and flow lines, (v) any
2individual replacement part for oil field exploration,
3drilling, and production equipment, and (vi) machinery and
4equipment purchased for lease; but excluding motor vehicles
5required to be registered under the Illinois Vehicle Code.
6    (11) Proceeds from the sale of photoprocessing machinery
7and equipment, including repair and replacement parts, both new
8and used, including that manufactured on special order,
9certified by the purchaser to be used primarily for
10photoprocessing, and including photoprocessing machinery and
11equipment purchased for lease.
12    (12) Until July 1, 2003, coal exploration, mining,
13offhighway hauling, processing, maintenance, and reclamation
14equipment, including replacement parts and equipment, and
15including equipment purchased for lease, but excluding motor
16vehicles required to be registered under the Illinois Vehicle
17Code.
18    (13) Semen used for artificial insemination of livestock
19for direct agricultural production.
20    (14) Horses, or interests in horses, registered with and
21meeting the requirements of any of the Arabian Horse Club
22Registry of America, Appaloosa Horse Club, American Quarter
23Horse Association, United States Trotting Association, or
24Jockey Club, as appropriate, used for purposes of breeding or
25racing for prizes. This item (14) is exempt from the provisions
26of Section 3-75, and the exemption provided for under this item

 

 

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1(14) applies for all periods beginning May 30, 1995, but no
2claim for credit or refund is allowed on or after the effective
3date of this amendatory Act of the 95th General Assembly for
4such taxes paid during the period beginning May 30, 2000 and
5ending on the effective date of this amendatory Act of the 95th
6General Assembly.
7    (15) Computers and communications equipment utilized for
8any hospital purpose and equipment used in the diagnosis,
9analysis, or treatment of hospital patients purchased by a
10lessor who leases the equipment, under a lease of one year or
11longer executed or in effect at the time the lessor would
12otherwise be subject to the tax imposed by this Act, to a
13hospital that has been issued an active tax exemption
14identification number by the Department under Section 1g of the
15Retailers' Occupation Tax Act. If the equipment is leased in a
16manner that does not qualify for this exemption or is used in
17any other non-exempt manner, the lessor shall be liable for the
18tax imposed under this Act or the Use Tax Act, as the case may
19be, based on the fair market value of the property at the time
20the non-qualifying use occurs. No lessor shall collect or
21attempt to collect an amount (however designated) that purports
22to reimburse that lessor for the tax imposed by this Act or the
23Use Tax Act, as the case may be, if the tax has not been paid by
24the lessor. If a lessor improperly collects any such amount
25from the lessee, the lessee shall have a legal right to claim a
26refund of that amount from the lessor. If, however, that amount

 

 

09700SB1833sam001- 147 -LRB097 07747 KTG 51610 a

1is not refunded to the lessee for any reason, the lessor is
2liable to pay that amount to the Department.
3    (16) Personal property purchased by a lessor who leases the
4property, under a lease of one year or longer executed or in
5effect at the time the lessor would otherwise be subject to the
6tax imposed by this Act, to a governmental body that has been
7issued an active tax exemption identification number by the
8Department under Section 1g of the Retailers' Occupation Tax
9Act. If the property is leased in a manner that does not
10qualify for this exemption or is used in any other non-exempt
11manner, the lessor shall be liable for the tax imposed under
12this Act or the Use Tax Act, as the case may be, based on the
13fair market value of the property at the time the
14non-qualifying use occurs. No lessor shall collect or attempt
15to collect an amount (however designated) that purports to
16reimburse that lessor for the tax imposed by this Act or the
17Use Tax Act, as the case may be, if the tax has not been paid by
18the lessor. If a lessor improperly collects any such amount
19from the lessee, the lessee shall have a legal right to claim a
20refund of that amount from the lessor. If, however, that amount
21is not refunded to the lessee for any reason, the lessor is
22liable to pay that amount to the Department.
23    (17) Beginning with taxable years ending on or after
24December 31, 1995 and ending with taxable years ending on or
25before December 31, 2004, personal property that is donated for
26disaster relief to be used in a State or federally declared

 

 

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1disaster area in Illinois or bordering Illinois by a
2manufacturer or retailer that is registered in this State to a
3corporation, society, association, foundation, or institution
4that has been issued a sales tax exemption identification
5number by the Department that assists victims of the disaster
6who reside within the declared disaster area.
7    (18) Beginning with taxable years ending on or after
8December 31, 1995 and ending with taxable years ending on or
9before December 31, 2004, personal property that is used in the
10performance of infrastructure repairs in this State, including
11but not limited to municipal roads and streets, access roads,
12bridges, sidewalks, waste disposal systems, water and sewer
13line extensions, water distribution and purification
14facilities, storm water drainage and retention facilities, and
15sewage treatment facilities, resulting from a State or
16federally declared disaster in Illinois or bordering Illinois
17when such repairs are initiated on facilities located in the
18declared disaster area within 6 months after the disaster.
19    (19) Beginning July 1, 1999, game or game birds purchased
20at a "game breeding and hunting preserve area" or an "exotic
21game hunting area" as those terms are used in the Wildlife Code
22or at a hunting enclosure approved through rules adopted by the
23Department of Natural Resources. This paragraph is exempt from
24the provisions of Section 3-75.
25    (20) A motor vehicle, as that term is defined in Section
261-146 of the Illinois Vehicle Code, that is donated to a

 

 

09700SB1833sam001- 149 -LRB097 07747 KTG 51610 a

1corporation, limited liability company, society, association,
2foundation, or institution that is determined by the Department
3to be organized and operated exclusively for educational
4purposes. For purposes of this exemption, "a corporation,
5limited liability company, society, association, foundation,
6or institution organized and operated exclusively for
7educational purposes" means all tax-supported public schools,
8private schools that offer systematic instruction in useful
9branches of learning by methods common to public schools and
10that compare favorably in their scope and intensity with the
11course of study presented in tax-supported schools, and
12vocational or technical schools or institutes organized and
13operated exclusively to provide a course of study of not less
14than 6 weeks duration and designed to prepare individuals to
15follow a trade or to pursue a manual, technical, mechanical,
16industrial, business, or commercial occupation.
17    (21) Beginning January 1, 2000, personal property,
18including food, purchased through fundraising events for the
19benefit of a public or private elementary or secondary school,
20a group of those schools, or one or more school districts if
21the events are sponsored by an entity recognized by the school
22district that consists primarily of volunteers and includes
23parents and teachers of the school children. This paragraph
24does not apply to fundraising events (i) for the benefit of
25private home instruction or (ii) for which the fundraising
26entity purchases the personal property sold at the events from

 

 

09700SB1833sam001- 150 -LRB097 07747 KTG 51610 a

1another individual or entity that sold the property for the
2purpose of resale by the fundraising entity and that profits
3from the sale to the fundraising entity. This paragraph is
4exempt from the provisions of Section 3-75.
5    (22) Beginning January 1, 2000 and through December 31,
62001, new or used automatic vending machines that prepare and
7serve hot food and beverages, including coffee, soup, and other
8items, and replacement parts for these machines. Beginning
9January 1, 2002 and through June 30, 2003, machines and parts
10for machines used in commercial, coin-operated amusement and
11vending business if a use or occupation tax is paid on the
12gross receipts derived from the use of the commercial,
13coin-operated amusement and vending machines. This paragraph
14is exempt from the provisions of Section 3-75.
15    (23) Beginning August 23, 2001 and through June 30, 2011,
16food for human consumption that is to be consumed off the
17premises where it is sold (other than alcoholic beverages, soft
18drinks, and food that has been prepared for immediate
19consumption) and prescription and nonprescription medicines,
20drugs, medical appliances, and insulin, urine testing
21materials, syringes, and needles used by diabetics, for human
22use, when purchased for use by a person receiving medical
23assistance under Article V of the Illinois Public Aid Code who
24resides in a licensed long-term care facility, as defined in
25the Nursing Home Care Act, or in a licensed facility as defined
26in the ID/DD MR/DD Community Care Act.

 

 

09700SB1833sam001- 151 -LRB097 07747 KTG 51610 a

1    (24) Beginning on the effective date of this amendatory Act
2of the 92nd General Assembly, computers and communications
3equipment utilized for any hospital purpose and equipment used
4in the diagnosis, analysis, or treatment of hospital patients
5purchased by a lessor who leases the equipment, under a lease
6of one year or longer executed or in effect at the time the
7lessor would otherwise be subject to the tax imposed by this
8Act, to a hospital that has been issued an active tax exemption
9identification number by the Department under Section 1g of the
10Retailers' Occupation Tax Act. If the equipment is leased in a
11manner that does not qualify for this exemption or is used in
12any other nonexempt manner, the lessor shall be liable for the
13tax imposed under this Act or the Use Tax Act, as the case may
14be, based on the fair market value of the property at the time
15the nonqualifying use occurs. No lessor shall collect or
16attempt to collect an amount (however designated) that purports
17to reimburse that lessor for the tax imposed by this Act or the
18Use Tax Act, as the case may be, if the tax has not been paid by
19the lessor. If a lessor improperly collects any such amount
20from the lessee, the lessee shall have a legal right to claim a
21refund of that amount from the lessor. If, however, that amount
22is not refunded to the lessee for any reason, the lessor is
23liable to pay that amount to the Department. This paragraph is
24exempt from the provisions of Section 3-75.
25    (25) Beginning on the effective date of this amendatory Act
26of the 92nd General Assembly, personal property purchased by a

 

 

09700SB1833sam001- 152 -LRB097 07747 KTG 51610 a

1lessor who leases the property, under a lease of one year or
2longer executed or in effect at the time the lessor would
3otherwise be subject to the tax imposed by this Act, to a
4governmental body that has been issued an active tax exemption
5identification number by the Department under Section 1g of the
6Retailers' Occupation Tax Act. If the property is leased in a
7manner that does not qualify for this exemption or is used in
8any other nonexempt manner, the lessor shall be liable for the
9tax imposed under this Act or the Use Tax Act, as the case may
10be, based on the fair market value of the property at the time
11the nonqualifying use occurs. No lessor shall collect or
12attempt to collect an amount (however designated) that purports
13to reimburse that lessor for the tax imposed by this Act or the
14Use Tax Act, as the case may be, if the tax has not been paid by
15the lessor. If a lessor improperly collects any such amount
16from the lessee, the lessee shall have a legal right to claim a
17refund of that amount from the lessor. If, however, that amount
18is not refunded to the lessee for any reason, the lessor is
19liable to pay that amount to the Department. This paragraph is
20exempt from the provisions of Section 3-75.
21    (26) Beginning January 1, 2008, tangible personal property
22used in the construction or maintenance of a community water
23supply, as defined under Section 3.145 of the Environmental
24Protection Act, that is operated by a not-for-profit
25corporation that holds a valid water supply permit issued under
26Title IV of the Environmental Protection Act. This paragraph is

 

 

09700SB1833sam001- 153 -LRB097 07747 KTG 51610 a

1exempt from the provisions of Section 3-75.
2    (27) Beginning January 1, 2010, materials, parts,
3equipment, components, and furnishings incorporated into or
4upon an aircraft as part of the modification, refurbishment,
5completion, replacement, repair, or maintenance of the
6aircraft. This exemption includes consumable supplies used in
7the modification, refurbishment, completion, replacement,
8repair, and maintenance of aircraft, but excludes any
9materials, parts, equipment, components, and consumable
10supplies used in the modification, replacement, repair, and
11maintenance of aircraft engines or power plants, whether such
12engines or power plants are installed or uninstalled upon any
13such aircraft. "Consumable supplies" include, but are not
14limited to, adhesive, tape, sandpaper, general purpose
15lubricants, cleaning solution, latex gloves, and protective
16films. This exemption applies only to those organizations that
17(i) hold an Air Agency Certificate and are empowered to operate
18an approved repair station by the Federal Aviation
19Administration, (ii) have a Class IV Rating, and (iii) conduct
20operations in accordance with Part 145 of the Federal Aviation
21Regulations. The exemption does not include aircraft operated
22by a commercial air carrier providing scheduled passenger air
23service pursuant to authority issued under Part 121 or Part 129
24of the Federal Aviation Regulations.
25    (28) Tangible personal property purchased by a
26public-facilities corporation, as described in Section

 

 

09700SB1833sam001- 154 -LRB097 07747 KTG 51610 a

111-65-10 of the Illinois Municipal Code, for purposes of
2constructing or furnishing a municipal convention hall, but
3only if the legal title to the municipal convention hall is
4transferred to the municipality without any further
5consideration by or on behalf of the municipality at the time
6of the completion of the municipal convention hall or upon the
7retirement or redemption of any bonds or other debt instruments
8issued by the public-facilities corporation in connection with
9the development of the municipal convention hall. This
10exemption includes existing public-facilities corporations as
11provided in Section 11-65-25 of the Illinois Municipal Code.
12This paragraph is exempt from the provisions of Section 3-75.
13(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
14eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
1596-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
167-2-10.)
 
17    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
18    Sec. 3-10. Rate of tax. Unless otherwise provided in this
19Section, the tax imposed by this Act is at the rate of 6.25% of
20the selling price of tangible personal property transferred as
21an incident to the sale of service, but, for the purpose of
22computing this tax, in no event shall the selling price be less
23than the cost price of the property to the serviceman.
24    Beginning on July 1, 2000 and through December 31, 2000,
25with respect to motor fuel, as defined in Section 1.1 of the

 

 

09700SB1833sam001- 155 -LRB097 07747 KTG 51610 a

1Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2the Use Tax Act, the tax is imposed at the rate of 1.25%.
3    With respect to gasohol, as defined in the Use Tax Act, the
4tax imposed by this Act applies to (i) 70% of the selling price
5of property transferred as an incident to the sale of service
6on or after January 1, 1990, and before July 1, 2003, (ii) 80%
7of the selling price of property transferred as an incident to
8the sale of service on or after July 1, 2003 and on or before
9December 31, 2013, and (iii) 100% of the selling price
10thereafter. If, at any time, however, the tax under this Act on
11sales of gasohol, as defined in the Use Tax Act, is imposed at
12the rate of 1.25%, then the tax imposed by this Act applies to
13100% of the proceeds of sales of gasohol made during that time.
14    With respect to majority blended ethanol fuel, as defined
15in the Use Tax Act, the tax imposed by this Act does not apply
16to the selling price of property transferred as an incident to
17the sale of service on or after July 1, 2003 and on or before
18December 31, 2013 but applies to 100% of the selling price
19thereafter.
20    With respect to biodiesel blends, as defined in the Use Tax
21Act, with no less than 1% and no more than 10% biodiesel, the
22tax imposed by this Act applies to (i) 80% of the selling price
23of property transferred as an incident to the sale of service
24on or after July 1, 2003 and on or before December 31, 2013 and
25(ii) 100% of the proceeds of the selling price thereafter. If,
26at any time, however, the tax under this Act on sales of

 

 

09700SB1833sam001- 156 -LRB097 07747 KTG 51610 a

1biodiesel blends, as defined in the Use Tax Act, with no less
2than 1% and no more than 10% biodiesel is imposed at the rate
3of 1.25%, then the tax imposed by this Act applies to 100% of
4the proceeds of sales of biodiesel blends with no less than 1%
5and no more than 10% biodiesel made during that time.
6    With respect to 100% biodiesel, as defined in the Use Tax
7Act, and biodiesel blends, as defined in the Use Tax Act, with
8more than 10% but no more than 99% biodiesel, the tax imposed
9by this Act does not apply to the proceeds of the selling price
10of property transferred as an incident to the sale of service
11on or after July 1, 2003 and on or before December 31, 2013 but
12applies to 100% of the selling price thereafter.
13    At the election of any registered serviceman made for each
14fiscal year, sales of service in which the aggregate annual
15cost price of tangible personal property transferred as an
16incident to the sales of service is less than 35%, or 75% in
17the case of servicemen transferring prescription drugs or
18servicemen engaged in graphic arts production, of the aggregate
19annual total gross receipts from all sales of service, the tax
20imposed by this Act shall be based on the serviceman's cost
21price of the tangible personal property transferred as an
22incident to the sale of those services.
23    The tax shall be imposed at the rate of 1% on food prepared
24for immediate consumption and transferred incident to a sale of
25service subject to this Act or the Service Occupation Tax Act
26by an entity licensed under the Hospital Licensing Act, the

 

 

09700SB1833sam001- 157 -LRB097 07747 KTG 51610 a

1Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or
2the Child Care Act of 1969. The tax shall also be imposed at
3the rate of 1% on food for human consumption that is to be
4consumed off the premises where it is sold (other than
5alcoholic beverages, soft drinks, and food that has been
6prepared for immediate consumption and is not otherwise
7included in this paragraph) and prescription and
8nonprescription medicines, drugs, medical appliances,
9modifications to a motor vehicle for the purpose of rendering
10it usable by a disabled person, and insulin, urine testing
11materials, syringes, and needles used by diabetics, for human
12use. For the purposes of this Section, until September 1, 2009:
13the term "soft drinks" means any complete, finished,
14ready-to-use, non-alcoholic drink, whether carbonated or not,
15including but not limited to soda water, cola, fruit juice,
16vegetable juice, carbonated water, and all other preparations
17commonly known as soft drinks of whatever kind or description
18that are contained in any closed or sealed bottle, can, carton,
19or container, regardless of size; but "soft drinks" does not
20include coffee, tea, non-carbonated water, infant formula,
21milk or milk products as defined in the Grade A Pasteurized
22Milk and Milk Products Act, or drinks containing 50% or more
23natural fruit or vegetable juice.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "soft drinks" means non-alcoholic
26beverages that contain natural or artificial sweeteners. "Soft

 

 

09700SB1833sam001- 158 -LRB097 07747 KTG 51610 a

1drinks" do not include beverages that contain milk or milk
2products, soy, rice or similar milk substitutes, or greater
3than 50% of vegetable or fruit juice by volume.
4    Until August 1, 2009, and notwithstanding any other
5provisions of this Act, "food for human consumption that is to
6be consumed off the premises where it is sold" includes all
7food sold through a vending machine, except soft drinks and
8food products that are dispensed hot from a vending machine,
9regardless of the location of the vending machine. Beginning
10August 1, 2009, and notwithstanding any other provisions of
11this Act, "food for human consumption that is to be consumed
12off the premises where it is sold" includes all food sold
13through a vending machine, except soft drinks, candy, and food
14products that are dispensed hot from a vending machine,
15regardless of the location of the vending machine.
16    Notwithstanding any other provisions of this Act,
17beginning September 1, 2009, "food for human consumption that
18is to be consumed off the premises where it is sold" does not
19include candy. For purposes of this Section, "candy" means a
20preparation of sugar, honey, or other natural or artificial
21sweeteners in combination with chocolate, fruits, nuts or other
22ingredients or flavorings in the form of bars, drops, or
23pieces. "Candy" does not include any preparation that contains
24flour or requires refrigeration.
25    Notwithstanding any other provisions of this Act,
26beginning September 1, 2009, "nonprescription medicines and

 

 

09700SB1833sam001- 159 -LRB097 07747 KTG 51610 a

1drugs" does not include grooming and hygiene products. For
2purposes of this Section, "grooming and hygiene products"
3includes, but is not limited to, soaps and cleaning solutions,
4shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
5lotions and screens, unless those products are available by
6prescription only, regardless of whether the products meet the
7definition of "over-the-counter-drugs". For the purposes of
8this paragraph, "over-the-counter-drug" means a drug for human
9use that contains a label that identifies the product as a drug
10as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
11label includes:
12        (A) A "Drug Facts" panel; or
13        (B) A statement of the "active ingredient(s)" with a
14    list of those ingredients contained in the compound,
15    substance or preparation.
16    If the property that is acquired from a serviceman is
17acquired outside Illinois and used outside Illinois before
18being brought to Illinois for use here and is taxable under
19this Act, the "selling price" on which the tax is computed
20shall be reduced by an amount that represents a reasonable
21allowance for depreciation for the period of prior out-of-state
22use.
23(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
24eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
25    Section 39. The Service Occupation Tax Act is amended by

 

 

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1changing Sections 3-5 and 3-10 as follows:
 
2    (35 ILCS 115/3-5)
3    Sec. 3-5. Exemptions. The following tangible personal
4property is exempt from the tax imposed by this Act:
5    (1) Personal property sold by a corporation, society,
6association, foundation, institution, or organization, other
7than a limited liability company, that is organized and
8operated as a not-for-profit service enterprise for the benefit
9of persons 65 years of age or older if the personal property
10was not purchased by the enterprise for the purpose of resale
11by the enterprise.
12    (2) Personal property purchased by a not-for-profit
13Illinois county fair association for use in conducting,
14operating, or promoting the county fair.
15    (3) Personal property purchased by any not-for-profit arts
16or cultural organization that establishes, by proof required by
17the Department by rule, that it has received an exemption under
18Section 501(c)(3) of the Internal Revenue Code and that is
19organized and operated primarily for the presentation or
20support of arts or cultural programming, activities, or
21services. These organizations include, but are not limited to,
22music and dramatic arts organizations such as symphony
23orchestras and theatrical groups, arts and cultural service
24organizations, local arts councils, visual arts organizations,
25and media arts organizations. On and after the effective date

 

 

09700SB1833sam001- 161 -LRB097 07747 KTG 51610 a

1of this amendatory Act of the 92nd General Assembly, however,
2an entity otherwise eligible for this exemption shall not make
3tax-free purchases unless it has an active identification
4number issued by the Department.
5    (4) Legal tender, currency, medallions, or gold or silver
6coinage issued by the State of Illinois, the government of the
7United States of America, or the government of any foreign
8country, and bullion.
9    (5) Until July 1, 2003 and beginning again on September 1,
102004 through August 30, 2014, graphic arts machinery and
11equipment, including repair and replacement parts, both new and
12used, and including that manufactured on special order or
13purchased for lease, certified by the purchaser to be used
14primarily for graphic arts production. Equipment includes
15chemicals or chemicals acting as catalysts but only if the
16chemicals or chemicals acting as catalysts effect a direct and
17immediate change upon a graphic arts product.
18    (6) Personal property sold by a teacher-sponsored student
19organization affiliated with an elementary or secondary school
20located in Illinois.
21    (7) Farm machinery and equipment, both new and used,
22including that manufactured on special order, certified by the
23purchaser to be used primarily for production agriculture or
24State or federal agricultural programs, including individual
25replacement parts for the machinery and equipment, including
26machinery and equipment purchased for lease, and including

 

 

09700SB1833sam001- 162 -LRB097 07747 KTG 51610 a

1implements of husbandry defined in Section 1-130 of the
2Illinois Vehicle Code, farm machinery and agricultural
3chemical and fertilizer spreaders, and nurse wagons required to
4be registered under Section 3-809 of the Illinois Vehicle Code,
5but excluding other motor vehicles required to be registered
6under the Illinois Vehicle Code. Horticultural polyhouses or
7hoop houses used for propagating, growing, or overwintering
8plants shall be considered farm machinery and equipment under
9this item (7). Agricultural chemical tender tanks and dry boxes
10shall include units sold separately from a motor vehicle
11required to be licensed and units sold mounted on a motor
12vehicle required to be licensed if the selling price of the
13tender is separately stated.
14    Farm machinery and equipment shall include precision
15farming equipment that is installed or purchased to be
16installed on farm machinery and equipment including, but not
17limited to, tractors, harvesters, sprayers, planters, seeders,
18or spreaders. Precision farming equipment includes, but is not
19limited to, soil testing sensors, computers, monitors,
20software, global positioning and mapping systems, and other
21such equipment.
22    Farm machinery and equipment also includes computers,
23sensors, software, and related equipment used primarily in the
24computer-assisted operation of production agriculture
25facilities, equipment, and activities such as, but not limited
26to, the collection, monitoring, and correlation of animal and

 

 

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1crop data for the purpose of formulating animal diets and
2agricultural chemicals. This item (7) is exempt from the
3provisions of Section 3-55.
4    (8) Fuel and petroleum products sold to or used by an air
5common carrier, certified by the carrier to be used for
6consumption, shipment, or storage in the conduct of its
7business as an air common carrier, for a flight destined for or
8returning from a location or locations outside the United
9States without regard to previous or subsequent domestic
10stopovers.
11    (9) Proceeds of mandatory service charges separately
12stated on customers' bills for the purchase and consumption of
13food and beverages, to the extent that the proceeds of the
14service charge are in fact turned over as tips or as a
15substitute for tips to the employees who participate directly
16in preparing, serving, hosting or cleaning up the food or
17beverage function with respect to which the service charge is
18imposed.
19    (10) Until July 1, 2003, oil field exploration, drilling,
20and production equipment, including (i) rigs and parts of rigs,
21rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
22tubular goods, including casing and drill strings, (iii) pumps
23and pump-jack units, (iv) storage tanks and flow lines, (v) any
24individual replacement part for oil field exploration,
25drilling, and production equipment, and (vi) machinery and
26equipment purchased for lease; but excluding motor vehicles

 

 

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1required to be registered under the Illinois Vehicle Code.
2    (11) Photoprocessing machinery and equipment, including
3repair and replacement parts, both new and used, including that
4manufactured on special order, certified by the purchaser to be
5used primarily for photoprocessing, and including
6photoprocessing machinery and equipment purchased for lease.
7    (12) Until July 1, 2003, coal exploration, mining,
8offhighway hauling, processing, maintenance, and reclamation
9equipment, including replacement parts and equipment, and
10including equipment purchased for lease, but excluding motor
11vehicles required to be registered under the Illinois Vehicle
12Code.
13    (13) Beginning January 1, 1992 and through June 30, 2011,
14food for human consumption that is to be consumed off the
15premises where it is sold (other than alcoholic beverages, soft
16drinks and food that has been prepared for immediate
17consumption) and prescription and non-prescription medicines,
18drugs, medical appliances, and insulin, urine testing
19materials, syringes, and needles used by diabetics, for human
20use, when purchased for use by a person receiving medical
21assistance under Article V of the Illinois Public Aid Code who
22resides in a licensed long-term care facility, as defined in
23the Nursing Home Care Act, or in a licensed facility as defined
24in the ID/DD MR/DD Community Care Act.
25    (14) Semen used for artificial insemination of livestock
26for direct agricultural production.

 

 

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1    (15) Horses, or interests in horses, registered with and
2meeting the requirements of any of the Arabian Horse Club
3Registry of America, Appaloosa Horse Club, American Quarter
4Horse Association, United States Trotting Association, or
5Jockey Club, as appropriate, used for purposes of breeding or
6racing for prizes. This item (15) is exempt from the provisions
7of Section 3-55, and the exemption provided for under this item
8(15) applies for all periods beginning May 30, 1995, but no
9claim for credit or refund is allowed on or after January 1,
102008 (the effective date of Public Act 95-88) for such taxes
11paid during the period beginning May 30, 2000 and ending on
12January 1, 2008 (the effective date of Public Act 95-88).
13    (16) Computers and communications equipment utilized for
14any hospital purpose and equipment used in the diagnosis,
15analysis, or treatment of hospital patients sold to a lessor
16who leases the equipment, under a lease of one year or longer
17executed or in effect at the time of the purchase, to a
18hospital that has been issued an active tax exemption
19identification number by the Department under Section 1g of the
20Retailers' Occupation Tax Act.
21    (17) Personal property sold to a lessor who leases the
22property, under a lease of one year or longer executed or in
23effect at the time of the purchase, to a governmental body that
24has been issued an active tax exemption identification number
25by the Department under Section 1g of the Retailers' Occupation
26Tax Act.

 

 

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1    (18) Beginning with taxable years ending on or after
2December 31, 1995 and ending with taxable years ending on or
3before December 31, 2004, personal property that is donated for
4disaster relief to be used in a State or federally declared
5disaster area in Illinois or bordering Illinois by a
6manufacturer or retailer that is registered in this State to a
7corporation, society, association, foundation, or institution
8that has been issued a sales tax exemption identification
9number by the Department that assists victims of the disaster
10who reside within the declared disaster area.
11    (19) Beginning with taxable years ending on or after
12December 31, 1995 and ending with taxable years ending on or
13before December 31, 2004, personal property that is used in the
14performance of infrastructure repairs in this State, including
15but not limited to municipal roads and streets, access roads,
16bridges, sidewalks, waste disposal systems, water and sewer
17line extensions, water distribution and purification
18facilities, storm water drainage and retention facilities, and
19sewage treatment facilities, resulting from a State or
20federally declared disaster in Illinois or bordering Illinois
21when such repairs are initiated on facilities located in the
22declared disaster area within 6 months after the disaster.
23    (20) Beginning July 1, 1999, game or game birds sold at a
24"game breeding and hunting preserve area" or an "exotic game
25hunting area" as those terms are used in the Wildlife Code or
26at a hunting enclosure approved through rules adopted by the

 

 

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1Department of Natural Resources. This paragraph is exempt from
2the provisions of Section 3-55.
3    (21) A motor vehicle, as that term is defined in Section
41-146 of the Illinois Vehicle Code, that is donated to a
5corporation, limited liability company, society, association,
6foundation, or institution that is determined by the Department
7to be organized and operated exclusively for educational
8purposes. For purposes of this exemption, "a corporation,
9limited liability company, society, association, foundation,
10or institution organized and operated exclusively for
11educational purposes" means all tax-supported public schools,
12private schools that offer systematic instruction in useful
13branches of learning by methods common to public schools and
14that compare favorably in their scope and intensity with the
15course of study presented in tax-supported schools, and
16vocational or technical schools or institutes organized and
17operated exclusively to provide a course of study of not less
18than 6 weeks duration and designed to prepare individuals to
19follow a trade or to pursue a manual, technical, mechanical,
20industrial, business, or commercial occupation.
21    (22) Beginning January 1, 2000, personal property,
22including food, purchased through fundraising events for the
23benefit of a public or private elementary or secondary school,
24a group of those schools, or one or more school districts if
25the events are sponsored by an entity recognized by the school
26district that consists primarily of volunteers and includes

 

 

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1parents and teachers of the school children. This paragraph
2does not apply to fundraising events (i) for the benefit of
3private home instruction or (ii) for which the fundraising
4entity purchases the personal property sold at the events from
5another individual or entity that sold the property for the
6purpose of resale by the fundraising entity and that profits
7from the sale to the fundraising entity. This paragraph is
8exempt from the provisions of Section 3-55.
9    (23) Beginning January 1, 2000 and through December 31,
102001, new or used automatic vending machines that prepare and
11serve hot food and beverages, including coffee, soup, and other
12items, and replacement parts for these machines. Beginning
13January 1, 2002 and through June 30, 2003, machines and parts
14for machines used in commercial, coin-operated amusement and
15vending business if a use or occupation tax is paid on the
16gross receipts derived from the use of the commercial,
17coin-operated amusement and vending machines. This paragraph
18is exempt from the provisions of Section 3-55.
19    (24) Beginning on the effective date of this amendatory Act
20of the 92nd General Assembly, computers and communications
21equipment utilized for any hospital purpose and equipment used
22in the diagnosis, analysis, or treatment of hospital patients
23sold to a lessor who leases the equipment, under a lease of one
24year or longer executed or in effect at the time of the
25purchase, to a hospital that has been issued an active tax
26exemption identification number by the Department under

 

 

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1Section 1g of the Retailers' Occupation Tax Act. This paragraph
2is exempt from the provisions of Section 3-55.
3    (25) Beginning on the effective date of this amendatory Act
4of the 92nd General Assembly, personal property sold to a
5lessor who leases the property, under a lease of one year or
6longer executed or in effect at the time of the purchase, to a
7governmental body that has been issued an active tax exemption
8identification number by the Department under Section 1g of the
9Retailers' Occupation Tax Act. This paragraph is exempt from
10the provisions of Section 3-55.
11    (26) Beginning on January 1, 2002 and through June 30,
122011, tangible personal property purchased from an Illinois
13retailer by a taxpayer engaged in centralized purchasing
14activities in Illinois who will, upon receipt of the property
15in Illinois, temporarily store the property in Illinois (i) for
16the purpose of subsequently transporting it outside this State
17for use or consumption thereafter solely outside this State or
18(ii) for the purpose of being processed, fabricated, or
19manufactured into, attached to, or incorporated into other
20tangible personal property to be transported outside this State
21and thereafter used or consumed solely outside this State. The
22Director of Revenue shall, pursuant to rules adopted in
23accordance with the Illinois Administrative Procedure Act,
24issue a permit to any taxpayer in good standing with the
25Department who is eligible for the exemption under this
26paragraph (26). The permit issued under this paragraph (26)

 

 

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1shall authorize the holder, to the extent and in the manner
2specified in the rules adopted under this Act, to purchase
3tangible personal property from a retailer exempt from the
4taxes imposed by this Act. Taxpayers shall maintain all
5necessary books and records to substantiate the use and
6consumption of all such tangible personal property outside of
7the State of Illinois.
8    (27) Beginning January 1, 2008, tangible personal property
9used in the construction or maintenance of a community water
10supply, as defined under Section 3.145 of the Environmental
11Protection Act, that is operated by a not-for-profit
12corporation that holds a valid water supply permit issued under
13Title IV of the Environmental Protection Act. This paragraph is
14exempt from the provisions of Section 3-55.
15    (28) Tangible personal property sold to a
16public-facilities corporation, as described in Section
1711-65-10 of the Illinois Municipal Code, for purposes of
18constructing or furnishing a municipal convention hall, but
19only if the legal title to the municipal convention hall is
20transferred to the municipality without any further
21consideration by or on behalf of the municipality at the time
22of the completion of the municipal convention hall or upon the
23retirement or redemption of any bonds or other debt instruments
24issued by the public-facilities corporation in connection with
25the development of the municipal convention hall. This
26exemption includes existing public-facilities corporations as

 

 

09700SB1833sam001- 171 -LRB097 07747 KTG 51610 a

1provided in Section 11-65-25 of the Illinois Municipal Code.
2This paragraph is exempt from the provisions of Section 3-55.
3    (29) Beginning January 1, 2010, materials, parts,
4equipment, components, and furnishings incorporated into or
5upon an aircraft as part of the modification, refurbishment,
6completion, replacement, repair, or maintenance of the
7aircraft. This exemption includes consumable supplies used in
8the modification, refurbishment, completion, replacement,
9repair, and maintenance of aircraft, but excludes any
10materials, parts, equipment, components, and consumable
11supplies used in the modification, replacement, repair, and
12maintenance of aircraft engines or power plants, whether such
13engines or power plants are installed or uninstalled upon any
14such aircraft. "Consumable supplies" include, but are not
15limited to, adhesive, tape, sandpaper, general purpose
16lubricants, cleaning solution, latex gloves, and protective
17films. This exemption applies only to those organizations that
18(i) hold an Air Agency Certificate and are empowered to operate
19an approved repair station by the Federal Aviation
20Administration, (ii) have a Class IV Rating, and (iii) conduct
21operations in accordance with Part 145 of the Federal Aviation
22Regulations. The exemption does not include aircraft operated
23by a commercial air carrier providing scheduled passenger air
24service pursuant to authority issued under Part 121 or Part 129
25of the Federal Aviation Regulations.
26(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,

 

 

09700SB1833sam001- 172 -LRB097 07747 KTG 51610 a

1eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
296-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
37-2-10.)
 
4    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
5    Sec. 3-10. Rate of tax. Unless otherwise provided in this
6Section, the tax imposed by this Act is at the rate of 6.25% of
7the "selling price", as defined in Section 2 of the Service Use
8Tax Act, of the tangible personal property. For the purpose of
9computing this tax, in no event shall the "selling price" be
10less than the cost price to the serviceman of the tangible
11personal property transferred. The selling price of each item
12of tangible personal property transferred as an incident of a
13sale of service may be shown as a distinct and separate item on
14the serviceman's billing to the service customer. If the
15selling price is not so shown, the selling price of the
16tangible personal property is deemed to be 50% of the
17serviceman's entire billing to the service customer. When,
18however, a serviceman contracts to design, develop, and produce
19special order machinery or equipment, the tax imposed by this
20Act shall be based on the serviceman's cost price of the
21tangible personal property transferred incident to the
22completion of the contract.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the
25Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

 

 

09700SB1833sam001- 173 -LRB097 07747 KTG 51610 a

1the Use Tax Act, the tax is imposed at the rate of 1.25%.
2    With respect to gasohol, as defined in the Use Tax Act, the
3tax imposed by this Act shall apply to (i) 70% of the cost
4price of property transferred as an incident to the sale of
5service on or after January 1, 1990, and before July 1, 2003,
6(ii) 80% of the selling price of property transferred as an
7incident to the sale of service on or after July 1, 2003 and on
8or before December 31, 2013, and (iii) 100% of the cost price
9thereafter. If, at any time, however, the tax under this Act on
10sales of gasohol, as defined in the Use Tax Act, is imposed at
11the rate of 1.25%, then the tax imposed by this Act applies to
12100% of the proceeds of sales of gasohol made during that time.
13    With respect to majority blended ethanol fuel, as defined
14in the Use Tax Act, the tax imposed by this Act does not apply
15to the selling price of property transferred as an incident to
16the sale of service on or after July 1, 2003 and on or before
17December 31, 2013 but applies to 100% of the selling price
18thereafter.
19    With respect to biodiesel blends, as defined in the Use Tax
20Act, with no less than 1% and no more than 10% biodiesel, the
21tax imposed by this Act applies to (i) 80% of the selling price
22of property transferred as an incident to the sale of service
23on or after July 1, 2003 and on or before December 31, 2013 and
24(ii) 100% of the proceeds of the selling price thereafter. If,
25at any time, however, the tax under this Act on sales of
26biodiesel blends, as defined in the Use Tax Act, with no less

 

 

09700SB1833sam001- 174 -LRB097 07747 KTG 51610 a

1than 1% and no more than 10% biodiesel is imposed at the rate
2of 1.25%, then the tax imposed by this Act applies to 100% of
3the proceeds of sales of biodiesel blends with no less than 1%
4and no more than 10% biodiesel made during that time.
5    With respect to 100% biodiesel, as defined in the Use Tax
6Act, and biodiesel blends, as defined in the Use Tax Act, with
7more than 10% but no more than 99% biodiesel material, the tax
8imposed by this Act does not apply to the proceeds of the
9selling price of property transferred as an incident to the
10sale of service on or after July 1, 2003 and on or before
11December 31, 2013 but applies to 100% of the selling price
12thereafter.
13    At the election of any registered serviceman made for each
14fiscal year, sales of service in which the aggregate annual
15cost price of tangible personal property transferred as an
16incident to the sales of service is less than 35%, or 75% in
17the case of servicemen transferring prescription drugs or
18servicemen engaged in graphic arts production, of the aggregate
19annual total gross receipts from all sales of service, the tax
20imposed by this Act shall be based on the serviceman's cost
21price of the tangible personal property transferred incident to
22the sale of those services.
23    The tax shall be imposed at the rate of 1% on food prepared
24for immediate consumption and transferred incident to a sale of
25service subject to this Act or the Service Occupation Tax Act
26by an entity licensed under the Hospital Licensing Act, the

 

 

09700SB1833sam001- 175 -LRB097 07747 KTG 51610 a

1Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or
2the Child Care Act of 1969. The tax shall also be imposed at
3the rate of 1% on food for human consumption that is to be
4consumed off the premises where it is sold (other than
5alcoholic beverages, soft drinks, and food that has been
6prepared for immediate consumption and is not otherwise
7included in this paragraph) and prescription and
8nonprescription medicines, drugs, medical appliances,
9modifications to a motor vehicle for the purpose of rendering
10it usable by a disabled person, and insulin, urine testing
11materials, syringes, and needles used by diabetics, for human
12use. For the purposes of this Section, until September 1, 2009:
13the term "soft drinks" means any complete, finished,
14ready-to-use, non-alcoholic drink, whether carbonated or not,
15including but not limited to soda water, cola, fruit juice,
16vegetable juice, carbonated water, and all other preparations
17commonly known as soft drinks of whatever kind or description
18that are contained in any closed or sealed can, carton, or
19container, regardless of size; but "soft drinks" does not
20include coffee, tea, non-carbonated water, infant formula,
21milk or milk products as defined in the Grade A Pasteurized
22Milk and Milk Products Act, or drinks containing 50% or more
23natural fruit or vegetable juice.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "soft drinks" means non-alcoholic
26beverages that contain natural or artificial sweeteners. "Soft

 

 

09700SB1833sam001- 176 -LRB097 07747 KTG 51610 a

1drinks" do not include beverages that contain milk or milk
2products, soy, rice or similar milk substitutes, or greater
3than 50% of vegetable or fruit juice by volume.
4    Until August 1, 2009, and notwithstanding any other
5provisions of this Act, "food for human consumption that is to
6be consumed off the premises where it is sold" includes all
7food sold through a vending machine, except soft drinks and
8food products that are dispensed hot from a vending machine,
9regardless of the location of the vending machine. Beginning
10August 1, 2009, and notwithstanding any other provisions of
11this Act, "food for human consumption that is to be consumed
12off the premises where it is sold" includes all food sold
13through a vending machine, except soft drinks, candy, and food
14products that are dispensed hot from a vending machine,
15regardless of the location of the vending machine.
16    Notwithstanding any other provisions of this Act,
17beginning September 1, 2009, "food for human consumption that
18is to be consumed off the premises where it is sold" does not
19include candy. For purposes of this Section, "candy" means a
20preparation of sugar, honey, or other natural or artificial
21sweeteners in combination with chocolate, fruits, nuts or other
22ingredients or flavorings in the form of bars, drops, or
23pieces. "Candy" does not include any preparation that contains
24flour or requires refrigeration.
25    Notwithstanding any other provisions of this Act,
26beginning September 1, 2009, "nonprescription medicines and

 

 

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1drugs" does not include grooming and hygiene products. For
2purposes of this Section, "grooming and hygiene products"
3includes, but is not limited to, soaps and cleaning solutions,
4shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
5lotions and screens, unless those products are available by
6prescription only, regardless of whether the products meet the
7definition of "over-the-counter-drugs". For the purposes of
8this paragraph, "over-the-counter-drug" means a drug for human
9use that contains a label that identifies the product as a drug
10as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
11label includes:
12        (A) A "Drug Facts" panel; or
13        (B) A statement of the "active ingredient(s)" with a
14    list of those ingredients contained in the compound,
15    substance or preparation.
16(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
17eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
18    Section 40. The Retailers' Occupation Tax Act is amended by
19changing Section 2-5 as follows:
 
20    (35 ILCS 120/2-5)
21    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
22sale of the following tangible personal property are exempt
23from the tax imposed by this Act:
24    (1) Farm chemicals.

 

 

09700SB1833sam001- 178 -LRB097 07747 KTG 51610 a

1    (2) Farm machinery and equipment, both new and used,
2including that manufactured on special order, certified by the
3purchaser to be used primarily for production agriculture or
4State or federal agricultural programs, including individual
5replacement parts for the machinery and equipment, including
6machinery and equipment purchased for lease, and including
7implements of husbandry defined in Section 1-130 of the
8Illinois Vehicle Code, farm machinery and agricultural
9chemical and fertilizer spreaders, and nurse wagons required to
10be registered under Section 3-809 of the Illinois Vehicle Code,
11but excluding other motor vehicles required to be registered
12under the Illinois Vehicle Code. Horticultural polyhouses or
13hoop houses used for propagating, growing, or overwintering
14plants shall be considered farm machinery and equipment under
15this item (2). Agricultural chemical tender tanks and dry boxes
16shall include units sold separately from a motor vehicle
17required to be licensed and units sold mounted on a motor
18vehicle required to be licensed, if the selling price of the
19tender is separately stated.
20    Farm machinery and equipment shall include precision
21farming equipment that is installed or purchased to be
22installed on farm machinery and equipment including, but not
23limited to, tractors, harvesters, sprayers, planters, seeders,
24or spreaders. Precision farming equipment includes, but is not
25limited to, soil testing sensors, computers, monitors,
26software, global positioning and mapping systems, and other

 

 

09700SB1833sam001- 179 -LRB097 07747 KTG 51610 a

1such equipment.
2    Farm machinery and equipment also includes computers,
3sensors, software, and related equipment used primarily in the
4computer-assisted operation of production agriculture
5facilities, equipment, and activities such as, but not limited
6to, the collection, monitoring, and correlation of animal and
7crop data for the purpose of formulating animal diets and
8agricultural chemicals. This item (7) is exempt from the
9provisions of Section 2-70.
10    (3) Until July 1, 2003, distillation machinery and
11equipment, sold as a unit or kit, assembled or installed by the
12retailer, certified by the user to be used only for the
13production of ethyl alcohol that will be used for consumption
14as motor fuel or as a component of motor fuel for the personal
15use of the user, and not subject to sale or resale.
16    (4) Until July 1, 2003 and beginning again September 1,
172004 through August 30, 2014, graphic arts machinery and
18equipment, including repair and replacement parts, both new and
19used, and including that manufactured on special order or
20purchased for lease, certified by the purchaser to be used
21primarily for graphic arts production. Equipment includes
22chemicals or chemicals acting as catalysts but only if the
23chemicals or chemicals acting as catalysts effect a direct and
24immediate change upon a graphic arts product.
25    (5) A motor vehicle of the first division, a motor vehicle
26of the second division that is a self contained motor vehicle

 

 

09700SB1833sam001- 180 -LRB097 07747 KTG 51610 a

1designed or permanently converted to provide living quarters
2for recreational, camping, or travel use, with direct walk
3through access to the living quarters from the driver's seat,
4or a motor vehicle of the second division that is of the van
5configuration designed for the transportation of not less than
67 nor more than 16 passengers, as defined in Section 1-146 of
7the Illinois Vehicle Code, that is used for automobile renting,
8as defined in the Automobile Renting Occupation and Use Tax
9Act. This paragraph is exempt from the provisions of Section
102-70.
11    (6) Personal property sold by a teacher-sponsored student
12organization affiliated with an elementary or secondary school
13located in Illinois.
14    (7) Until July 1, 2003, proceeds of that portion of the
15selling price of a passenger car the sale of which is subject
16to the Replacement Vehicle Tax.
17    (8) Personal property sold to an Illinois county fair
18association for use in conducting, operating, or promoting the
19county fair.
20    (9) Personal property sold to a not-for-profit arts or
21cultural organization that establishes, by proof required by
22the Department by rule, that it has received an exemption under
23Section 501(c)(3) of the Internal Revenue Code and that is
24organized and operated primarily for the presentation or
25support of arts or cultural programming, activities, or
26services. These organizations include, but are not limited to,

 

 

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1music and dramatic arts organizations such as symphony
2orchestras and theatrical groups, arts and cultural service
3organizations, local arts councils, visual arts organizations,
4and media arts organizations. On and after the effective date
5of this amendatory Act of the 92nd General Assembly, however,
6an entity otherwise eligible for this exemption shall not make
7tax-free purchases unless it has an active identification
8number issued by the Department.
9    (10) Personal property sold by a corporation, society,
10association, foundation, institution, or organization, other
11than a limited liability company, that is organized and
12operated as a not-for-profit service enterprise for the benefit
13of persons 65 years of age or older if the personal property
14was not purchased by the enterprise for the purpose of resale
15by the enterprise.
16    (11) Personal property sold to a governmental body, to a
17corporation, society, association, foundation, or institution
18organized and operated exclusively for charitable, religious,
19or educational purposes, or to a not-for-profit corporation,
20society, association, foundation, institution, or organization
21that has no compensated officers or employees and that is
22organized and operated primarily for the recreation of persons
2355 years of age or older. A limited liability company may
24qualify for the exemption under this paragraph only if the
25limited liability company is organized and operated
26exclusively for educational purposes. On and after July 1,

 

 

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11987, however, no entity otherwise eligible for this exemption
2shall make tax-free purchases unless it has an active
3identification number issued by the Department.
4    (12) Tangible personal property sold to interstate
5carriers for hire for use as rolling stock moving in interstate
6commerce or to lessors under leases of one year or longer
7executed or in effect at the time of purchase by interstate
8carriers for hire for use as rolling stock moving in interstate
9commerce and equipment operated by a telecommunications
10provider, licensed as a common carrier by the Federal
11Communications Commission, which is permanently installed in
12or affixed to aircraft moving in interstate commerce.
13    (12-5) On and after July 1, 2003 and through June 30, 2004,
14motor vehicles of the second division with a gross vehicle
15weight in excess of 8,000 pounds that are subject to the
16commercial distribution fee imposed under Section 3-815.1 of
17the Illinois Vehicle Code. Beginning on July 1, 2004 and
18through June 30, 2005, the use in this State of motor vehicles
19of the second division: (i) with a gross vehicle weight rating
20in excess of 8,000 pounds; (ii) that are subject to the
21commercial distribution fee imposed under Section 3-815.1 of
22the Illinois Vehicle Code; and (iii) that are primarily used
23for commercial purposes. Through June 30, 2005, this exemption
24applies to repair and replacement parts added after the initial
25purchase of such a motor vehicle if that motor vehicle is used
26in a manner that would qualify for the rolling stock exemption

 

 

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1otherwise provided for in this Act. For purposes of this
2paragraph, "used for commercial purposes" means the
3transportation of persons or property in furtherance of any
4commercial or industrial enterprise whether for-hire or not.
5    (13) Proceeds from sales to owners, lessors, or shippers of
6tangible personal property that is utilized by interstate
7carriers for hire for use as rolling stock moving in interstate
8commerce and equipment operated by a telecommunications
9provider, licensed as a common carrier by the Federal
10Communications Commission, which is permanently installed in
11or affixed to aircraft moving in interstate commerce.
12    (14) Machinery and equipment that will be used by the
13purchaser, or a lessee of the purchaser, primarily in the
14process of manufacturing or assembling tangible personal
15property for wholesale or retail sale or lease, whether the
16sale or lease is made directly by the manufacturer or by some
17other person, whether the materials used in the process are
18owned by the manufacturer or some other person, or whether the
19sale or lease is made apart from or as an incident to the
20seller's engaging in the service occupation of producing
21machines, tools, dies, jigs, patterns, gauges, or other similar
22items of no commercial value on special order for a particular
23purchaser.
24    (15) Proceeds of mandatory service charges separately
25stated on customers' bills for purchase and consumption of food
26and beverages, to the extent that the proceeds of the service

 

 

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1charge are in fact turned over as tips or as a substitute for
2tips to the employees who participate directly in preparing,
3serving, hosting or cleaning up the food or beverage function
4with respect to which the service charge is imposed.
5    (16) Petroleum products sold to a purchaser if the seller
6is prohibited by federal law from charging tax to the
7purchaser.
8    (17) Tangible personal property sold to a common carrier by
9rail or motor that receives the physical possession of the
10property in Illinois and that transports the property, or
11shares with another common carrier in the transportation of the
12property, out of Illinois on a standard uniform bill of lading
13showing the seller of the property as the shipper or consignor
14of the property to a destination outside Illinois, for use
15outside Illinois.
16    (18) Legal tender, currency, medallions, or gold or silver
17coinage issued by the State of Illinois, the government of the
18United States of America, or the government of any foreign
19country, and bullion.
20    (19) Until July 1 2003, oil field exploration, drilling,
21and production equipment, including (i) rigs and parts of rigs,
22rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
23tubular goods, including casing and drill strings, (iii) pumps
24and pump-jack units, (iv) storage tanks and flow lines, (v) any
25individual replacement part for oil field exploration,
26drilling, and production equipment, and (vi) machinery and

 

 

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1equipment purchased for lease; but excluding motor vehicles
2required to be registered under the Illinois Vehicle Code.
3    (20) Photoprocessing machinery and equipment, including
4repair and replacement parts, both new and used, including that
5manufactured on special order, certified by the purchaser to be
6used primarily for photoprocessing, and including
7photoprocessing machinery and equipment purchased for lease.
8    (21) Until July 1, 2003, coal exploration, mining,
9offhighway hauling, processing, maintenance, and reclamation
10equipment, including replacement parts and equipment, and
11including equipment purchased for lease, but excluding motor
12vehicles required to be registered under the Illinois Vehicle
13Code.
14    (22) Fuel and petroleum products sold to or used by an air
15carrier, certified by the carrier to be used for consumption,
16shipment, or storage in the conduct of its business as an air
17common carrier, for a flight destined for or returning from a
18location or locations outside the United States without regard
19to previous or subsequent domestic stopovers.
20    (23) A transaction in which the purchase order is received
21by a florist who is located outside Illinois, but who has a
22florist located in Illinois deliver the property to the
23purchaser or the purchaser's donee in Illinois.
24    (24) Fuel consumed or used in the operation of ships,
25barges, or vessels that are used primarily in or for the
26transportation of property or the conveyance of persons for

 

 

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1hire on rivers bordering on this State if the fuel is delivered
2by the seller to the purchaser's barge, ship, or vessel while
3it is afloat upon that bordering river.
4    (25) Except as provided in item (25-5) of this Section, a
5motor vehicle sold in this State to a nonresident even though
6the motor vehicle is delivered to the nonresident in this
7State, if the motor vehicle is not to be titled in this State,
8and if a drive-away permit is issued to the motor vehicle as
9provided in Section 3-603 of the Illinois Vehicle Code or if
10the nonresident purchaser has vehicle registration plates to
11transfer to the motor vehicle upon returning to his or her home
12state. The issuance of the drive-away permit or having the
13out-of-state registration plates to be transferred is prima
14facie evidence that the motor vehicle will not be titled in
15this State.
16    (25-5) The exemption under item (25) does not apply if the
17state in which the motor vehicle will be titled does not allow
18a reciprocal exemption for a motor vehicle sold and delivered
19in that state to an Illinois resident but titled in Illinois.
20The tax collected under this Act on the sale of a motor vehicle
21in this State to a resident of another state that does not
22allow a reciprocal exemption shall be imposed at a rate equal
23to the state's rate of tax on taxable property in the state in
24which the purchaser is a resident, except that the tax shall
25not exceed the tax that would otherwise be imposed under this
26Act. At the time of the sale, the purchaser shall execute a

 

 

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1statement, signed under penalty of perjury, of his or her
2intent to title the vehicle in the state in which the purchaser
3is a resident within 30 days after the sale and of the fact of
4the payment to the State of Illinois of tax in an amount
5equivalent to the state's rate of tax on taxable property in
6his or her state of residence and shall submit the statement to
7the appropriate tax collection agency in his or her state of
8residence. In addition, the retailer must retain a signed copy
9of the statement in his or her records. Nothing in this item
10shall be construed to require the removal of the vehicle from
11this state following the filing of an intent to title the
12vehicle in the purchaser's state of residence if the purchaser
13titles the vehicle in his or her state of residence within 30
14days after the date of sale. The tax collected under this Act
15in accordance with this item (25-5) shall be proportionately
16distributed as if the tax were collected at the 6.25% general
17rate imposed under this Act.
18    (25-7) Beginning on July 1, 2007, no tax is imposed under
19this Act on the sale of an aircraft, as defined in Section 3 of
20the Illinois Aeronautics Act, if all of the following
21conditions are met:
22        (1) the aircraft leaves this State within 15 days after
23    the later of either the issuance of the final billing for
24    the sale of the aircraft, or the authorized approval for
25    return to service, completion of the maintenance record
26    entry, and completion of the test flight and ground test

 

 

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1    for inspection, as required by 14 C.F.R. 91.407;
2        (2) the aircraft is not based or registered in this
3    State after the sale of the aircraft; and
4        (3) the seller retains in his or her books and records
5    and provides to the Department a signed and dated
6    certification from the purchaser, on a form prescribed by
7    the Department, certifying that the requirements of this
8    item (25-7) are met. The certificate must also include the
9    name and address of the purchaser, the address of the
10    location where the aircraft is to be titled or registered,
11    the address of the primary physical location of the
12    aircraft, and other information that the Department may
13    reasonably require.
14    For purposes of this item (25-7):
15    "Based in this State" means hangared, stored, or otherwise
16used, excluding post-sale customizations as defined in this
17Section, for 10 or more days in each 12-month period
18immediately following the date of the sale of the aircraft.
19    "Registered in this State" means an aircraft registered
20with the Department of Transportation, Aeronautics Division,
21or titled or registered with the Federal Aviation
22Administration to an address located in this State.
23    This paragraph (25-7) is exempt from the provisions of
24Section 2-70.
25    (26) Semen used for artificial insemination of livestock
26for direct agricultural production.

 

 

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1    (27) Horses, or interests in horses, registered with and
2meeting the requirements of any of the Arabian Horse Club
3Registry of America, Appaloosa Horse Club, American Quarter
4Horse Association, United States Trotting Association, or
5Jockey Club, as appropriate, used for purposes of breeding or
6racing for prizes. This item (27) is exempt from the provisions
7of Section 2-70, and the exemption provided for under this item
8(27) applies for all periods beginning May 30, 1995, but no
9claim for credit or refund is allowed on or after January 1,
102008 (the effective date of Public Act 95-88) for such taxes
11paid during the period beginning May 30, 2000 and ending on
12January 1, 2008 (the effective date of Public Act 95-88).
13    (28) Computers and communications equipment utilized for
14any hospital purpose and equipment used in the diagnosis,
15analysis, or treatment of hospital patients sold to a lessor
16who leases the equipment, under a lease of one year or longer
17executed or in effect at the time of the purchase, to a
18hospital that has been issued an active tax exemption
19identification number by the Department under Section 1g of
20this Act.
21    (29) Personal property sold to a lessor who leases the
22property, under a lease of one year or longer executed or in
23effect at the time of the purchase, to a governmental body that
24has been issued an active tax exemption identification number
25by the Department under Section 1g of this Act.
26    (30) Beginning with taxable years ending on or after

 

 

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1December 31, 1995 and ending with taxable years ending on or
2before December 31, 2004, personal property that is donated for
3disaster relief to be used in a State or federally declared
4disaster area in Illinois or bordering Illinois by a
5manufacturer or retailer that is registered in this State to a
6corporation, society, association, foundation, or institution
7that has been issued a sales tax exemption identification
8number by the Department that assists victims of the disaster
9who reside within the declared disaster area.
10    (31) Beginning with taxable years ending on or after
11December 31, 1995 and ending with taxable years ending on or
12before December 31, 2004, personal property that is used in the
13performance of infrastructure repairs in this State, including
14but not limited to municipal roads and streets, access roads,
15bridges, sidewalks, waste disposal systems, water and sewer
16line extensions, water distribution and purification
17facilities, storm water drainage and retention facilities, and
18sewage treatment facilities, resulting from a State or
19federally declared disaster in Illinois or bordering Illinois
20when such repairs are initiated on facilities located in the
21declared disaster area within 6 months after the disaster.
22    (32) Beginning July 1, 1999, game or game birds sold at a
23"game breeding and hunting preserve area" or an "exotic game
24hunting area" as those terms are used in the Wildlife Code or
25at a hunting enclosure approved through rules adopted by the
26Department of Natural Resources. This paragraph is exempt from

 

 

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1the provisions of Section 2-70.
2    (33) A motor vehicle, as that term is defined in Section
31-146 of the Illinois Vehicle Code, that is donated to a
4corporation, limited liability company, society, association,
5foundation, or institution that is determined by the Department
6to be organized and operated exclusively for educational
7purposes. For purposes of this exemption, "a corporation,
8limited liability company, society, association, foundation,
9or institution organized and operated exclusively for
10educational purposes" means all tax-supported public schools,
11private schools that offer systematic instruction in useful
12branches of learning by methods common to public schools and
13that compare favorably in their scope and intensity with the
14course of study presented in tax-supported schools, and
15vocational or technical schools or institutes organized and
16operated exclusively to provide a course of study of not less
17than 6 weeks duration and designed to prepare individuals to
18follow a trade or to pursue a manual, technical, mechanical,
19industrial, business, or commercial occupation.
20    (34) Beginning January 1, 2000, personal property,
21including food, purchased through fundraising events for the
22benefit of a public or private elementary or secondary school,
23a group of those schools, or one or more school districts if
24the events are sponsored by an entity recognized by the school
25district that consists primarily of volunteers and includes
26parents and teachers of the school children. This paragraph

 

 

09700SB1833sam001- 192 -LRB097 07747 KTG 51610 a

1does not apply to fundraising events (i) for the benefit of
2private home instruction or (ii) for which the fundraising
3entity purchases the personal property sold at the events from
4another individual or entity that sold the property for the
5purpose of resale by the fundraising entity and that profits
6from the sale to the fundraising entity. This paragraph is
7exempt from the provisions of Section 2-70.
8    (35) Beginning January 1, 2000 and through December 31,
92001, new or used automatic vending machines that prepare and
10serve hot food and beverages, including coffee, soup, and other
11items, and replacement parts for these machines. Beginning
12January 1, 2002 and through June 30, 2003, machines and parts
13for machines used in commercial, coin-operated amusement and
14vending business if a use or occupation tax is paid on the
15gross receipts derived from the use of the commercial,
16coin-operated amusement and vending machines. This paragraph
17is exempt from the provisions of Section 2-70.
18    (35-5) Beginning August 23, 2001 and through June 30, 2011,
19food for human consumption that is to be consumed off the
20premises where it is sold (other than alcoholic beverages, soft
21drinks, and food that has been prepared for immediate
22consumption) and prescription and nonprescription medicines,
23drugs, medical appliances, and insulin, urine testing
24materials, syringes, and needles used by diabetics, for human
25use, when purchased for use by a person receiving medical
26assistance under Article V of the Illinois Public Aid Code who

 

 

09700SB1833sam001- 193 -LRB097 07747 KTG 51610 a

1resides in a licensed long-term care facility, as defined in
2the Nursing Home Care Act, or a licensed facility as defined in
3the ID/DD MR/DD Community Care Act.
4    (36) Beginning August 2, 2001, computers and
5communications equipment utilized for any hospital purpose and
6equipment used in the diagnosis, analysis, or treatment of
7hospital patients sold to a lessor who leases the equipment,
8under a lease of one year or longer executed or in effect at
9the time of the purchase, to a hospital that has been issued an
10active tax exemption identification number by the Department
11under Section 1g of this Act. This paragraph is exempt from the
12provisions of Section 2-70.
13    (37) Beginning August 2, 2001, personal property sold to a
14lessor who leases the property, under a lease of one year or
15longer executed or in effect at the time of the purchase, to a
16governmental body that has been issued an active tax exemption
17identification number by the Department under Section 1g of
18this Act. This paragraph is exempt from the provisions of
19Section 2-70.
20    (38) Beginning on January 1, 2002 and through June 30,
212011, tangible personal property purchased from an Illinois
22retailer by a taxpayer engaged in centralized purchasing
23activities in Illinois who will, upon receipt of the property
24in Illinois, temporarily store the property in Illinois (i) for
25the purpose of subsequently transporting it outside this State
26for use or consumption thereafter solely outside this State or

 

 

09700SB1833sam001- 194 -LRB097 07747 KTG 51610 a

1(ii) for the purpose of being processed, fabricated, or
2manufactured into, attached to, or incorporated into other
3tangible personal property to be transported outside this State
4and thereafter used or consumed solely outside this State. The
5Director of Revenue shall, pursuant to rules adopted in
6accordance with the Illinois Administrative Procedure Act,
7issue a permit to any taxpayer in good standing with the
8Department who is eligible for the exemption under this
9paragraph (38). The permit issued under this paragraph (38)
10shall authorize the holder, to the extent and in the manner
11specified in the rules adopted under this Act, to purchase
12tangible personal property from a retailer exempt from the
13taxes imposed by this Act. Taxpayers shall maintain all
14necessary books and records to substantiate the use and
15consumption of all such tangible personal property outside of
16the State of Illinois.
17    (39) Beginning January 1, 2008, tangible personal property
18used in the construction or maintenance of a community water
19supply, as defined under Section 3.145 of the Environmental
20Protection Act, that is operated by a not-for-profit
21corporation that holds a valid water supply permit issued under
22Title IV of the Environmental Protection Act. This paragraph is
23exempt from the provisions of Section 2-70.
24    (40) Beginning January 1, 2010, materials, parts,
25equipment, components, and furnishings incorporated into or
26upon an aircraft as part of the modification, refurbishment,

 

 

09700SB1833sam001- 195 -LRB097 07747 KTG 51610 a

1completion, replacement, repair, or maintenance of the
2aircraft. This exemption includes consumable supplies used in
3the modification, refurbishment, completion, replacement,
4repair, and maintenance of aircraft, but excludes any
5materials, parts, equipment, components, and consumable
6supplies used in the modification, replacement, repair, and
7maintenance of aircraft engines or power plants, whether such
8engines or power plants are installed or uninstalled upon any
9such aircraft. "Consumable supplies" include, but are not
10limited to, adhesive, tape, sandpaper, general purpose
11lubricants, cleaning solution, latex gloves, and protective
12films. This exemption applies only to those organizations that
13(i) hold an Air Agency Certificate and are empowered to operate
14an approved repair station by the Federal Aviation
15Administration, (ii) have a Class IV Rating, and (iii) conduct
16operations in accordance with Part 145 of the Federal Aviation
17Regulations. The exemption does not include aircraft operated
18by a commercial air carrier providing scheduled passenger air
19service pursuant to authority issued under Part 121 or Part 129
20of the Federal Aviation Regulations.
21    (41) Tangible personal property sold to a
22public-facilities corporation, as described in Section
2311-65-10 of the Illinois Municipal Code, for purposes of
24constructing or furnishing a municipal convention hall, but
25only if the legal title to the municipal convention hall is
26transferred to the municipality without any further

 

 

09700SB1833sam001- 196 -LRB097 07747 KTG 51610 a

1consideration by or on behalf of the municipality at the time
2of the completion of the municipal convention hall or upon the
3retirement or redemption of any bonds or other debt instruments
4issued by the public-facilities corporation in connection with
5the development of the municipal convention hall. This
6exemption includes existing public-facilities corporations as
7provided in Section 11-65-25 of the Illinois Municipal Code.
8This paragraph is exempt from the provisions of Section 2-70.
9(Source: P.A. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304,
10eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08;
1195-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff.
127-1-10; 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000,
13eff. 7-2-10.)
 
14    Section 41. The Property Tax Code is amended by changing
15Sections 15-168, 15-170, and 15-172 as follows:
 
16    (35 ILCS 200/15-168)
17    Sec. 15-168. Disabled persons' homestead exemption.
18    (a) Beginning with taxable year 2007, an annual homestead
19exemption is granted to disabled persons in the amount of
20$2,000, except as provided in subsection (c), to be deducted
21from the property's value as equalized or assessed by the
22Department of Revenue. The disabled person shall receive the
23homestead exemption upon meeting the following requirements:
24        (1) The property must be occupied as the primary

 

 

09700SB1833sam001- 197 -LRB097 07747 KTG 51610 a

1    residence by the disabled person.
2        (2) The disabled person must be liable for paying the
3    real estate taxes on the property.
4        (3) The disabled person must be an owner of record of
5    the property or have a legal or equitable interest in the
6    property as evidenced by a written instrument. In the case
7    of a leasehold interest in property, the lease must be for
8    a single family residence.
9    A person who is disabled during the taxable year is
10eligible to apply for this homestead exemption during that
11taxable year. Application must be made during the application
12period in effect for the county of residence. If a homestead
13exemption has been granted under this Section and the person
14awarded the exemption subsequently becomes a resident of a
15facility licensed under the Nursing Home Care Act or the ID/DD
16MR/DD Community Care Act, then the exemption shall continue (i)
17so long as the residence continues to be occupied by the
18qualifying person's spouse or (ii) if the residence remains
19unoccupied but is still owned by the person qualified for the
20homestead exemption.
21    (b) For the purposes of this Section, "disabled person"
22means a person unable to engage in any substantial gainful
23activity by reason of a medically determinable physical or
24mental impairment which can be expected to result in death or
25has lasted or can be expected to last for a continuous period
26of not less than 12 months. Disabled persons filing claims

 

 

09700SB1833sam001- 198 -LRB097 07747 KTG 51610 a

1under this Act shall submit proof of disability in such form
2and manner as the Department shall by rule and regulation
3prescribe. Proof that a claimant is eligible to receive
4disability benefits under the Federal Social Security Act shall
5constitute proof of disability for purposes of this Act.
6Issuance of an Illinois Disabled Person Identification Card
7stating that the claimant is under a Class 2 disability, as
8defined in Section 4A of The Illinois Identification Card Act,
9shall constitute proof that the person named thereon is a
10disabled person for purposes of this Act. A disabled person not
11covered under the Federal Social Security Act and not
12presenting a Disabled Person Identification Card stating that
13the claimant is under a Class 2 disability shall be examined by
14a physician designated by the Department, and his status as a
15disabled person determined using the same standards as used by
16the Social Security Administration. The costs of any required
17examination shall be borne by the claimant.
18    (c) For land improved with (i) an apartment building owned
19and operated as a cooperative or (ii) a life care facility as
20defined under Section 2 of the Life Care Facilities Act that is
21considered to be a cooperative, the maximum reduction from the
22value of the property, as equalized or assessed by the
23Department, shall be multiplied by the number of apartments or
24units occupied by a disabled person. The disabled person shall
25receive the homestead exemption upon meeting the following
26requirements:

 

 

09700SB1833sam001- 199 -LRB097 07747 KTG 51610 a

1        (1) The property must be occupied as the primary
2    residence by the disabled person.
3        (2) The disabled person must be liable by contract with
4    the owner or owners of record for paying the apportioned
5    property taxes on the property of the cooperative or life
6    care facility. In the case of a life care facility, the
7    disabled person must be liable for paying the apportioned
8    property taxes under a life care contract as defined in
9    Section 2 of the Life Care Facilities Act.
10        (3) The disabled person must be an owner of record of a
11    legal or equitable interest in the cooperative apartment
12    building. A leasehold interest does not meet this
13    requirement.
14If a homestead exemption is granted under this subsection, the
15cooperative association or management firm shall credit the
16savings resulting from the exemption to the apportioned tax
17liability of the qualifying disabled person. The chief county
18assessment officer may request reasonable proof that the
19association or firm has properly credited the exemption. A
20person who willfully refuses to credit an exemption to the
21qualified disabled person is guilty of a Class B misdemeanor.
22    (d) The chief county assessment officer shall determine the
23eligibility of property to receive the homestead exemption
24according to guidelines established by the Department. After a
25person has received an exemption under this Section, an annual
26verification of eligibility for the exemption shall be mailed

 

 

09700SB1833sam001- 200 -LRB097 07747 KTG 51610 a

1to the taxpayer.
2    In counties with fewer than 3,000,000 inhabitants, the
3chief county assessment officer shall provide to each person
4granted a homestead exemption under this Section a form to
5designate any other person to receive a duplicate of any notice
6of delinquency in the payment of taxes assessed and levied
7under this Code on the person's qualifying property. The
8duplicate notice shall be in addition to the notice required to
9be provided to the person receiving the exemption and shall be
10given in the manner required by this Code. The person filing
11the request for the duplicate notice shall pay an
12administrative fee of $5 to the chief county assessment
13officer. The assessment officer shall then file the executed
14designation with the county collector, who shall issue the
15duplicate notices as indicated by the designation. A
16designation may be rescinded by the disabled person in the
17manner required by the chief county assessment officer.
18    (e) A taxpayer who claims an exemption under Section 15-165
19or 15-169 may not claim an exemption under this Section.
20(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10.)
 
21    (35 ILCS 200/15-170)
22    Sec. 15-170. Senior Citizens Homestead Exemption. An
23annual homestead exemption limited, except as described here
24with relation to cooperatives or life care facilities, to a
25maximum reduction set forth below from the property's value, as

 

 

09700SB1833sam001- 201 -LRB097 07747 KTG 51610 a

1equalized or assessed by the Department, is granted for
2property that is occupied as a residence by a person 65 years
3of age or older who is liable for paying real estate taxes on
4the property and is an owner of record of the property or has a
5legal or equitable interest therein as evidenced by a written
6instrument, except for a leasehold interest, other than a
7leasehold interest of land on which a single family residence
8is located, which is occupied as a residence by a person 65
9years or older who has an ownership interest therein, legal,
10equitable or as a lessee, and on which he or she is liable for
11the payment of property taxes. Before taxable year 2004, the
12maximum reduction shall be $2,500 in counties with 3,000,000 or
13more inhabitants and $2,000 in all other counties. For taxable
14years 2004 through 2005, the maximum reduction shall be $3,000
15in all counties. For taxable years 2006 and 2007, the maximum
16reduction shall be $3,500 and, for taxable years 2008 and
17thereafter, the maximum reduction is $4,000 in all counties.
18    For land improved with an apartment building owned and
19operated as a cooperative, the maximum reduction from the value
20of the property, as equalized by the Department, shall be
21multiplied by the number of apartments or units occupied by a
22person 65 years of age or older who is liable, by contract with
23the owner or owners of record, for paying property taxes on the
24property and is an owner of record of a legal or equitable
25interest in the cooperative apartment building, other than a
26leasehold interest. For land improved with a life care

 

 

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1facility, the maximum reduction from the value of the property,
2as equalized by the Department, shall be multiplied by the
3number of apartments or units occupied by persons 65 years of
4age or older, irrespective of any legal, equitable, or
5leasehold interest in the facility, who are liable, under a
6contract with the owner or owners of record of the facility,
7for paying property taxes on the property. In a cooperative or
8a life care facility where a homestead exemption has been
9granted, the cooperative association or the management firm of
10the cooperative or facility shall credit the savings resulting
11from that exemption only to the apportioned tax liability of
12the owner or resident who qualified for the exemption. Any
13person who willfully refuses to so credit the savings shall be
14guilty of a Class B misdemeanor. Under this Section and
15Sections 15-175, 15-176, and 15-177, "life care facility" means
16a facility, as defined in Section 2 of the Life Care Facilities
17Act, with which the applicant for the homestead exemption has a
18life care contract as defined in that Act.
19    When a homestead exemption has been granted under this
20Section and the person qualifying subsequently becomes a
21resident of a facility licensed under the Assisted Living and
22Shared Housing Act, the Nursing Home Care Act, or the ID/DD
23MR/DD Community Care Act, the exemption shall continue so long
24as the residence continues to be occupied by the qualifying
25person's spouse if the spouse is 65 years of age or older, or
26if the residence remains unoccupied but is still owned by the

 

 

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1person qualified for the homestead exemption.
2    A person who will be 65 years of age during the current
3assessment year shall be eligible to apply for the homestead
4exemption during that assessment year. Application shall be
5made during the application period in effect for the county of
6his residence.
7    Beginning with assessment year 2003, for taxes payable in
82004, property that is first occupied as a residence after
9January 1 of any assessment year by a person who is eligible
10for the senior citizens homestead exemption under this Section
11must be granted a pro-rata exemption for the assessment year.
12The amount of the pro-rata exemption is the exemption allowed
13in the county under this Section divided by 365 and multiplied
14by the number of days during the assessment year the property
15is occupied as a residence by a person eligible for the
16exemption under this Section. The chief county assessment
17officer must adopt reasonable procedures to establish
18eligibility for this pro-rata exemption.
19    The assessor or chief county assessment officer may
20determine the eligibility of a life care facility to receive
21the benefits provided by this Section, by affidavit,
22application, visual inspection, questionnaire or other
23reasonable methods in order to insure that the tax savings
24resulting from the exemption are credited by the management
25firm to the apportioned tax liability of each qualifying
26resident. The assessor may request reasonable proof that the

 

 

09700SB1833sam001- 204 -LRB097 07747 KTG 51610 a

1management firm has so credited the exemption.
2    The chief county assessment officer of each county with
3less than 3,000,000 inhabitants shall provide to each person
4allowed a homestead exemption under this Section a form to
5designate any other person to receive a duplicate of any notice
6of delinquency in the payment of taxes assessed and levied
7under this Code on the property of the person receiving the
8exemption. The duplicate notice shall be in addition to the
9notice required to be provided to the person receiving the
10exemption, and shall be given in the manner required by this
11Code. The person filing the request for the duplicate notice
12shall pay a fee of $5 to cover administrative costs to the
13supervisor of assessments, who shall then file the executed
14designation with the county collector. Notwithstanding any
15other provision of this Code to the contrary, the filing of
16such an executed designation requires the county collector to
17provide duplicate notices as indicated by the designation. A
18designation may be rescinded by the person who executed such
19designation at any time, in the manner and form required by the
20chief county assessment officer.
21    The assessor or chief county assessment officer may
22determine the eligibility of residential property to receive
23the homestead exemption provided by this Section by
24application, visual inspection, questionnaire or other
25reasonable methods. The determination shall be made in
26accordance with guidelines established by the Department.

 

 

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1    In counties with 3,000,000 or more inhabitants, beginning
2in taxable year 2010, each taxpayer who has been granted an
3exemption under this Section must reapply on an annual basis.
4The chief county assessment officer shall mail the application
5to the taxpayer. In counties with less than 3,000,000
6inhabitants, the county board may by resolution provide that if
7a person has been granted a homestead exemption under this
8Section, the person qualifying need not reapply for the
9exemption.
10    In counties with less than 3,000,000 inhabitants, if the
11assessor or chief county assessment officer requires annual
12application for verification of eligibility for an exemption
13once granted under this Section, the application shall be
14mailed to the taxpayer.
15    The assessor or chief county assessment officer shall
16notify each person who qualifies for an exemption under this
17Section that the person may also qualify for deferral of real
18estate taxes under the Senior Citizens Real Estate Tax Deferral
19Act. The notice shall set forth the qualifications needed for
20deferral of real estate taxes, the address and telephone number
21of county collector, and a statement that applications for
22deferral of real estate taxes may be obtained from the county
23collector.
24    Notwithstanding Sections 6 and 8 of the State Mandates Act,
25no reimbursement by the State is required for the
26implementation of any mandate created by this Section.

 

 

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1(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
296-339, eff. 7-1-10; 96-355, eff. 1-1-10; 96-1000, eff. 7-2-10;
396-1418, eff. 8-2-10.)
 
4    (35 ILCS 200/15-172)
5    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
6Exemption.
7    (a) This Section may be cited as the Senior Citizens
8Assessment Freeze Homestead Exemption.
9    (b) As used in this Section:
10    "Applicant" means an individual who has filed an
11application under this Section.
12    "Base amount" means the base year equalized assessed value
13of the residence plus the first year's equalized assessed value
14of any added improvements which increased the assessed value of
15the residence after the base year.
16    "Base year" means the taxable year prior to the taxable
17year for which the applicant first qualifies and applies for
18the exemption provided that in the prior taxable year the
19property was improved with a permanent structure that was
20occupied as a residence by the applicant who was liable for
21paying real property taxes on the property and who was either
22(i) an owner of record of the property or had legal or
23equitable interest in the property as evidenced by a written
24instrument or (ii) had a legal or equitable interest as a
25lessee in the parcel of property that was single family

 

 

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1residence. If in any subsequent taxable year for which the
2applicant applies and qualifies for the exemption the equalized
3assessed value of the residence is less than the equalized
4assessed value in the existing base year (provided that such
5equalized assessed value is not based on an assessed value that
6results from a temporary irregularity in the property that
7reduces the assessed value for one or more taxable years), then
8that subsequent taxable year shall become the base year until a
9new base year is established under the terms of this paragraph.
10For taxable year 1999 only, the Chief County Assessment Officer
11shall review (i) all taxable years for which the applicant
12applied and qualified for the exemption and (ii) the existing
13base year. The assessment officer shall select as the new base
14year the year with the lowest equalized assessed value. An
15equalized assessed value that is based on an assessed value
16that results from a temporary irregularity in the property that
17reduces the assessed value for one or more taxable years shall
18not be considered the lowest equalized assessed value. The
19selected year shall be the base year for taxable year 1999 and
20thereafter until a new base year is established under the terms
21of this paragraph.
22    "Chief County Assessment Officer" means the County
23Assessor or Supervisor of Assessments of the county in which
24the property is located.
25    "Equalized assessed value" means the assessed value as
26equalized by the Illinois Department of Revenue.

 

 

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1    "Household" means the applicant, the spouse of the
2applicant, and all persons using the residence of the applicant
3as their principal place of residence.
4    "Household income" means the combined income of the members
5of a household for the calendar year preceding the taxable
6year.
7    "Income" has the same meaning as provided in Section 3.07
8of the Senior Citizens and Disabled Persons Property Tax Relief
9and Pharmaceutical Assistance Act, except that, beginning in
10assessment year 2001, "income" does not include veteran's
11benefits.
12    "Internal Revenue Code of 1986" means the United States
13Internal Revenue Code of 1986 or any successor law or laws
14relating to federal income taxes in effect for the year
15preceding the taxable year.
16    "Life care facility that qualifies as a cooperative" means
17a facility as defined in Section 2 of the Life Care Facilities
18Act.
19    "Maximum income limitation" means:
20        (1) $35,000 prior to taxable year 1999;
21        (2) $40,000 in taxable years 1999 through 2003;
22        (3) $45,000 in taxable years 2004 through 2005;
23        (4) $50,000 in taxable years 2006 and 2007; and
24        (5) $55,000 in taxable year 2008 and thereafter.
25    "Residence" means the principal dwelling place and
26appurtenant structures used for residential purposes in this

 

 

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1State occupied on January 1 of the taxable year by a household
2and so much of the surrounding land, constituting the parcel
3upon which the dwelling place is situated, as is used for
4residential purposes. If the Chief County Assessment Officer
5has established a specific legal description for a portion of
6property constituting the residence, then that portion of
7property shall be deemed the residence for the purposes of this
8Section.
9    "Taxable year" means the calendar year during which ad
10valorem property taxes payable in the next succeeding year are
11levied.
12    (c) Beginning in taxable year 1994, a senior citizens
13assessment freeze homestead exemption is granted for real
14property that is improved with a permanent structure that is
15occupied as a residence by an applicant who (i) is 65 years of
16age or older during the taxable year, (ii) has a household
17income that does not exceed the maximum income limitation,
18(iii) is liable for paying real property taxes on the property,
19and (iv) is an owner of record of the property or has a legal or
20equitable interest in the property as evidenced by a written
21instrument. This homestead exemption shall also apply to a
22leasehold interest in a parcel of property improved with a
23permanent structure that is a single family residence that is
24occupied as a residence by a person who (i) is 65 years of age
25or older during the taxable year, (ii) has a household income
26that does not exceed the maximum income limitation, (iii) has a

 

 

09700SB1833sam001- 210 -LRB097 07747 KTG 51610 a

1legal or equitable ownership interest in the property as
2lessee, and (iv) is liable for the payment of real property
3taxes on that property.
4    In counties of 3,000,000 or more inhabitants, the amount of
5the exemption for all taxable years is the equalized assessed
6value of the residence in the taxable year for which
7application is made minus the base amount. In all other
8counties, the amount of the exemption is as follows: (i)
9through taxable year 2005 and for taxable year 2007 and
10thereafter, the amount of this exemption shall be the equalized
11assessed value of the residence in the taxable year for which
12application is made minus the base amount; and (ii) for taxable
13year 2006, the amount of the exemption is as follows:
14        (1) For an applicant who has a household income of
15    $45,000 or less, the amount of the exemption is the
16    equalized assessed value of the residence in the taxable
17    year for which application is made minus the base amount.
18        (2) For an applicant who has a household income
19    exceeding $45,000 but not exceeding $46,250, the amount of
20    the exemption is (i) the equalized assessed value of the
21    residence in the taxable year for which application is made
22    minus the base amount (ii) multiplied by 0.8.
23        (3) For an applicant who has a household income
24    exceeding $46,250 but not exceeding $47,500, the amount of
25    the exemption is (i) the equalized assessed value of the
26    residence in the taxable year for which application is made

 

 

09700SB1833sam001- 211 -LRB097 07747 KTG 51610 a

1    minus the base amount (ii) multiplied by 0.6.
2        (4) For an applicant who has a household income
3    exceeding $47,500 but not exceeding $48,750, the amount of
4    the exemption is (i) the equalized assessed value of the
5    residence in the taxable year for which application is made
6    minus the base amount (ii) multiplied by 0.4.
7        (5) For an applicant who has a household income
8    exceeding $48,750 but not exceeding $50,000, the amount of
9    the exemption is (i) the equalized assessed value of the
10    residence in the taxable year for which application is made
11    minus the base amount (ii) multiplied by 0.2.
12    When the applicant is a surviving spouse of an applicant
13for a prior year for the same residence for which an exemption
14under this Section has been granted, the base year and base
15amount for that residence are the same as for the applicant for
16the prior year.
17    Each year at the time the assessment books are certified to
18the County Clerk, the Board of Review or Board of Appeals shall
19give to the County Clerk a list of the assessed values of
20improvements on each parcel qualifying for this exemption that
21were added after the base year for this parcel and that
22increased the assessed value of the property.
23    In the case of land improved with an apartment building
24owned and operated as a cooperative or a building that is a
25life care facility that qualifies as a cooperative, the maximum
26reduction from the equalized assessed value of the property is

 

 

09700SB1833sam001- 212 -LRB097 07747 KTG 51610 a

1limited to the sum of the reductions calculated for each unit
2occupied as a residence by a person or persons (i) 65 years of
3age or older, (ii) with a household income that does not exceed
4the maximum income limitation, (iii) who is liable, by contract
5with the owner or owners of record, for paying real property
6taxes on the property, and (iv) who is an owner of record of a
7legal or equitable interest in the cooperative apartment
8building, other than a leasehold interest. In the instance of a
9cooperative where a homestead exemption has been granted under
10this Section, the cooperative association or its management
11firm shall credit the savings resulting from that exemption
12only to the apportioned tax liability of the owner who
13qualified for the exemption. Any person who willfully refuses
14to credit that savings to an owner who qualifies for the
15exemption is guilty of a Class B misdemeanor.
16    When a homestead exemption has been granted under this
17Section and an applicant then becomes a resident of a facility
18licensed under the Assisted Living and Shared Housing Act, the
19Nursing Home Care Act, or the ID/DD MR/DD Community Care Act,
20the exemption shall be granted in subsequent years so long as
21the residence (i) continues to be occupied by the qualified
22applicant's spouse or (ii) if remaining unoccupied, is still
23owned by the qualified applicant for the homestead exemption.
24    Beginning January 1, 1997, when an individual dies who
25would have qualified for an exemption under this Section, and
26the surviving spouse does not independently qualify for this

 

 

09700SB1833sam001- 213 -LRB097 07747 KTG 51610 a

1exemption because of age, the exemption under this Section
2shall be granted to the surviving spouse for the taxable year
3preceding and the taxable year of the death, provided that,
4except for age, the surviving spouse meets all other
5qualifications for the granting of this exemption for those
6years.
7    When married persons maintain separate residences, the
8exemption provided for in this Section may be claimed by only
9one of such persons and for only one residence.
10    For taxable year 1994 only, in counties having less than
113,000,000 inhabitants, to receive the exemption, a person shall
12submit an application by February 15, 1995 to the Chief County
13Assessment Officer of the county in which the property is
14located. In counties having 3,000,000 or more inhabitants, for
15taxable year 1994 and all subsequent taxable years, to receive
16the exemption, a person may submit an application to the Chief
17County Assessment Officer of the county in which the property
18is located during such period as may be specified by the Chief
19County Assessment Officer. The Chief County Assessment Officer
20in counties of 3,000,000 or more inhabitants shall annually
21give notice of the application period by mail or by
22publication. In counties having less than 3,000,000
23inhabitants, beginning with taxable year 1995 and thereafter,
24to receive the exemption, a person shall submit an application
25by July 1 of each taxable year to the Chief County Assessment
26Officer of the county in which the property is located. A

 

 

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1county may, by ordinance, establish a date for submission of
2applications that is different than July 1. The applicant shall
3submit with the application an affidavit of the applicant's
4total household income, age, marital status (and if married the
5name and address of the applicant's spouse, if known), and
6principal dwelling place of members of the household on January
71 of the taxable year. The Department shall establish, by rule,
8a method for verifying the accuracy of affidavits filed by
9applicants under this Section, and the Chief County Assessment
10Officer may conduct audits of any taxpayer claiming an
11exemption under this Section to verify that the taxpayer is
12eligible to receive the exemption. Each application shall
13contain or be verified by a written declaration that it is made
14under the penalties of perjury. A taxpayer's signing a
15fraudulent application under this Act is perjury, as defined in
16Section 32-2 of the Criminal Code of 1961. The applications
17shall be clearly marked as applications for the Senior Citizens
18Assessment Freeze Homestead Exemption and must contain a notice
19that any taxpayer who receives the exemption is subject to an
20audit by the Chief County Assessment Officer.
21    Notwithstanding any other provision to the contrary, in
22counties having fewer than 3,000,000 inhabitants, if an
23applicant fails to file the application required by this
24Section in a timely manner and this failure to file is due to a
25mental or physical condition sufficiently severe so as to
26render the applicant incapable of filing the application in a

 

 

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1timely manner, the Chief County Assessment Officer may extend
2the filing deadline for a period of 30 days after the applicant
3regains the capability to file the application, but in no case
4may the filing deadline be extended beyond 3 months of the
5original filing deadline. In order to receive the extension
6provided in this paragraph, the applicant shall provide the
7Chief County Assessment Officer with a signed statement from
8the applicant's physician stating the nature and extent of the
9condition, that, in the physician's opinion, the condition was
10so severe that it rendered the applicant incapable of filing
11the application in a timely manner, and the date on which the
12applicant regained the capability to file the application.
13    Beginning January 1, 1998, notwithstanding any other
14provision to the contrary, in counties having fewer than
153,000,000 inhabitants, if an applicant fails to file the
16application required by this Section in a timely manner and
17this failure to file is due to a mental or physical condition
18sufficiently severe so as to render the applicant incapable of
19filing the application in a timely manner, the Chief County
20Assessment Officer may extend the filing deadline for a period
21of 3 months. In order to receive the extension provided in this
22paragraph, the applicant shall provide the Chief County
23Assessment Officer with a signed statement from the applicant's
24physician stating the nature and extent of the condition, and
25that, in the physician's opinion, the condition was so severe
26that it rendered the applicant incapable of filing the

 

 

09700SB1833sam001- 216 -LRB097 07747 KTG 51610 a

1application in a timely manner.
2    In counties having less than 3,000,000 inhabitants, if an
3applicant was denied an exemption in taxable year 1994 and the
4denial occurred due to an error on the part of an assessment
5official, or his or her agent or employee, then beginning in
6taxable year 1997 the applicant's base year, for purposes of
7determining the amount of the exemption, shall be 1993 rather
8than 1994. In addition, in taxable year 1997, the applicant's
9exemption shall also include an amount equal to (i) the amount
10of any exemption denied to the applicant in taxable year 1995
11as a result of using 1994, rather than 1993, as the base year,
12(ii) the amount of any exemption denied to the applicant in
13taxable year 1996 as a result of using 1994, rather than 1993,
14as the base year, and (iii) the amount of the exemption
15erroneously denied for taxable year 1994.
16    For purposes of this Section, a person who will be 65 years
17of age during the current taxable year shall be eligible to
18apply for the homestead exemption during that taxable year.
19Application shall be made during the application period in
20effect for the county of his or her residence.
21    The Chief County Assessment Officer may determine the
22eligibility of a life care facility that qualifies as a
23cooperative to receive the benefits provided by this Section by
24use of an affidavit, application, visual inspection,
25questionnaire, or other reasonable method in order to insure
26that the tax savings resulting from the exemption are credited

 

 

09700SB1833sam001- 217 -LRB097 07747 KTG 51610 a

1by the management firm to the apportioned tax liability of each
2qualifying resident. The Chief County Assessment Officer may
3request reasonable proof that the management firm has so
4credited that exemption.
5    Except as provided in this Section, all information
6received by the chief county assessment officer or the
7Department from applications filed under this Section, or from
8any investigation conducted under the provisions of this
9Section, shall be confidential, except for official purposes or
10pursuant to official procedures for collection of any State or
11local tax or enforcement of any civil or criminal penalty or
12sanction imposed by this Act or by any statute or ordinance
13imposing a State or local tax. Any person who divulges any such
14information in any manner, except in accordance with a proper
15judicial order, is guilty of a Class A misdemeanor.
16    Nothing contained in this Section shall prevent the
17Director or chief county assessment officer from publishing or
18making available reasonable statistics concerning the
19operation of the exemption contained in this Section in which
20the contents of claims are grouped into aggregates in such a
21way that information contained in any individual claim shall
22not be disclosed.
23    (d) Each Chief County Assessment Officer shall annually
24publish a notice of availability of the exemption provided
25under this Section. The notice shall be published at least 60
26days but no more than 75 days prior to the date on which the

 

 

09700SB1833sam001- 218 -LRB097 07747 KTG 51610 a

1application must be submitted to the Chief County Assessment
2Officer of the county in which the property is located. The
3notice shall appear in a newspaper of general circulation in
4the county.
5    Notwithstanding Sections 6 and 8 of the State Mandates Act,
6no reimbursement by the State is required for the
7implementation of any mandate created by this Section.
8(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10;
996-355, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
10    Section 42. The Counties Code is amended by changing
11Section 5-25013 as follows:
 
12    (55 ILCS 5/5-25013)  (from Ch. 34, par. 5-25013)
13    Sec. 5-25013. Organization of board; powers and duties.
14    (A) The board of health of each county or multiple-county
15health department shall, immediately after appointment, meet
16and organize, by the election of one of its number as president
17and one as secretary, and either from its number or otherwise,
18a treasurer and such other officers as it may deem necessary. A
19board of health may make and adopt such rules for its own
20guidance and for the government of the health department as may
21be deemed necessary to protect and improve public health not
22inconsistent with this Division. It shall:
23        1. Hold a meeting prior to the end of each operating
24    fiscal year, at which meeting officers shall be elected for

 

 

09700SB1833sam001- 219 -LRB097 07747 KTG 51610 a

1    the ensuing operating fiscal year;
2        2. Hold meetings at least quarterly;
3        3. Hold special meetings upon a written request signed
4    by two members and filed with the Secretary or on request
5    of the medical health officer or public health
6    administrator;
7        4. Provide, equip and maintain suitable offices,
8    facilities and appliances for the health department;
9        5. Publish annually, within 90 days after the end of
10    the county's operating fiscal year, in pamphlet form, for
11    free distribution, an annual report showing the condition
12    of its trust on the last day of the most recently completed
13    operating fiscal year, the sums of money received from all
14    sources, giving the name of any donor, how all moneys have
15    been expended and for what purpose, and such other
16    statistics and information in regard to the work of the
17    health department as it may deem of general interest;
18        6. Within its jurisdiction, and professional and
19    technical competence, enforce and observe all State laws
20    pertaining to the preservation of health, and all county
21    and municipal ordinances except as otherwise provided in
22    this Division;
23        7. Within its jurisdiction, and professional and
24    technical competence, investigate the existence of any
25    contagious or infectious disease and adopt measures, not
26    inconsistent with the regulations of the State Department

 

 

09700SB1833sam001- 220 -LRB097 07747 KTG 51610 a

1    of Public Health, to arrest the progress of the same;
2        8. Within its jurisdiction, and professional and
3    technical competence, make all necessary sanitary and
4    health investigations and inspections;
5        9. Upon request, give professional advice and
6    information to all city, village, incorporated town and
7    school authorities, within its jurisdiction, in all
8    matters pertaining to sanitation and public health;
9        10. Appoint a medical health officer as the executive
10    officer for the department, who shall be a citizen of the
11    United States and shall possess such qualifications as may
12    be prescribed by the State Department of Public Health; or
13    appoint a public health administrator who shall possess
14    such qualifications as may be prescribed by the State
15    Department of Public Health as the executive officer for
16    the department, provided that the board of health shall
17    make available medical supervision which is considered
18    adequate by the Director of Public Health;
19        10 1/2. Appoint such professional employees as may be
20    approved by the executive officer who meet the
21    qualification requirements of the State Department of
22    Public Health for their respective positions provided,
23    that in those health departments temporarily without a
24    medical health officer or public health administrator
25    approval by the State Department of Public Health shall
26    suffice;

 

 

09700SB1833sam001- 221 -LRB097 07747 KTG 51610 a

1        11. Appoint such other officers and employees as may be
2    necessary;
3        12. Prescribe the powers and duties of all officers and
4    employees, fix their compensation, and authorize payment
5    of the same and all other department expenses from the
6    County Health Fund of the county or counties concerned;
7        13. Submit an annual budget to the county board or
8    boards;
9        14. Submit an annual report to the county board or
10    boards, explaining all of its activities and expenditures;
11        15. Establish and carry out programs and services in
12    mental health, including intellectual disabilities mental
13    retardation and alcoholism and substance abuse, not
14    inconsistent with the regulations of the Department of
15    Human Services;
16        16. Consult with all other private and public health
17    agencies in the county in the development of local plans
18    for the most efficient delivery of health services.
19    (B) The board of health of each county or multiple-county
20health department may:
21        1. Initiate and carry out programs and activities of
22    all kinds, not inconsistent with law, that may be deemed
23    necessary or desirable in the promotion and protection of
24    health and in the control of disease including
25    tuberculosis;
26        2. Receive contributions of real and personal

 

 

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1    property;
2        3. Recommend to the county board or boards the adoption
3    of such ordinances and of such rules and regulations as may
4    be deemed necessary or desirable for the promotion and
5    protection of health and control of disease;
6        4. Appoint a medical and dental advisory committee and
7    a non-medical advisory committee to the health department;
8        5. Enter into contracts with the State,
9    municipalities, other political subdivisions and
10    non-official agencies for the purchase, sale or exchange of
11    health services;
12        6. Set fees it deems reasonable and necessary (i) to
13    provide services or perform regulatory activities, (ii)
14    when required by State or federal grant award conditions,
15    (iii) to support activities delegated to the board of
16    health by the Illinois Department of Public Health, or (iv)
17    when required by an agreement between the board of health
18    and other private or governmental organizations, unless
19    the fee has been established as a part of a regulatory
20    ordinance adopted by the county board, in which case the
21    board of health shall make recommendations to the county
22    board concerning those fees. Revenue generated under this
23    Section shall be deposited into the County Health Fund or
24    to the account of the multiple-county health department.
25        7. Enter into multiple year employment contracts with
26    the medical health officer or public health administrator

 

 

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1    as may be necessary for the recruitment and retention of
2    personnel and the proper functioning of the health
3    department.
4    (C) The board of health of a multiple-county health
5department may hire attorneys to represent and advise the
6department concerning matters that are not within the exclusive
7jurisdiction of the State's Attorney of one of the counties
8that created the department.
9