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91_SB0746enr
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1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the Second 1999 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to include the different versions of the Section
24 found in the Public Acts included in the list of sources, but
25 may not include other versions of the Section to be found in
26 Public Acts not included in the list of sources. The list of
27 sources is not a part of the text of the Section.
28 (d) Public Acts 90-810 through 90-815 were considered in
29 the preparation of the combining revisories included in this
30 Act. Combining revisories often contain no striking or
31 underscoring because no additional changes are being made in
32 the material that is being combined.
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1 (e) The version of Section 3 of the Voluntary Payroll
2 Deductions Act that is included in Section 4 of this revisory
3 Act is intended to control over and replace the version found
4 in House Bill 745 of the 91st General Assembly, which
5 inadvertently contains material derived from the introduced
6 (rather than enrolled) form of the bill that became Public
7 Act 90-487.
8 Section 4. The Voluntary Payroll Deductions Act is
9 amended by changing Section 3 as follows:
10 (5 ILCS 340/3) (from Ch. 15, par. 503)
11 Sec. 3. Definitions. As used in this Act unless the
12 context otherwise requires:
13 (a) "Employee" means any regular officer or employee who
14 receives salary or wages for personal services rendered to
15 the State of Illinois.
16 (b) "Qualified organization" means an organization
17 representing one or more benefiting agencies, which
18 organization is designated by the State Comptroller as
19 qualified to receive payroll deductions under this Act. An
20 organization desiring to be designated as a qualified
21 organization shall:
22 (1) Submit written designations on forms approved
23 by the State Comptroller by 4,000 or more employees, in
24 which such employees indicate that the organization is
25 one for which the employee intends to authorize
26 withholding. The forms shall require the name, social
27 security number, and employing State agency for each
28 employee. Upon notification by the Comptroller that such
29 forms have been approved, the organization shall, within
30 30 days, notify in writing the Governor or his designee
31 of its intention to obtain the required number of
32 designations. Such organization shall have 12 months
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1 from that date, to obtain the necessary designations. The
2 signed forms and signatures on the forms shall be subject
3 to verification by the State Comptroller;
4 (2) Certify that all benefiting agencies are tax
5 exempt under Section 501(c)(3) of the Internal Revenue
6 Code;
7 (3) Certify that all benefiting agencies are in
8 compliance with the Illinois Human Rights Act;
9 (4) Certify that all benefiting agencies are in
10 compliance with the Charitable Trust Act and the
11 Solicitation for Charity Act;
12 (5) Certify that all benefiting agencies actively
13 conduct health or welfare programs and provide services
14 to individuals directed at one or more of the following
15 common human needs within a community: service, research,
16 and education in the health fields; family and child care
17 services; protective services for children and adults;
18 services for children and adults in foster care; services
19 related to the management and maintenance of the home;
20 day care services for adults; transportation services;
21 information, referral and counseling services; services
22 to eliminate illiteracy; the preparation and delivery of
23 meals; adoption services; emergency shelter care and
24 relief services; disaster relief services; safety
25 services; neighborhood and community organization
26 services; recreation services; social adjustment and
27 rehabilitation services; health support services; or a
28 combination of such services designed to meet the special
29 needs of specific groups, such as children and youth, the
30 ill and infirm, and the physically handicapped; and that
31 all such benefiting agencies provide the above described
32 services to individuals and their families in the
33 community and surrounding area in which the organization
34 conducts its fund drive, or that such benefiting agencies
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1 provide relief to victims of natural disasters and other
2 emergencies on a where and as needed basis;
3 (6) Certify that the organization has disclosed the
4 percentage of the organization's total collected receipts
5 from employees that are distributed to the benefiting
6 agencies and the percentage of the organization's total
7 collected receipts from employees that are expended for
8 fund-raising and overhead costs. These percentages shall
9 be the same percentage figures annually disclosed by the
10 organization to the Attorney General. The disclosure
11 shall be made to all solicited employees and shall be in
12 the form of a factual statement on all petitions and in
13 the campaign's employee brochure;
14 (7) Certify that all benefiting agencies receiving
15 funds which the employee has requested or designated for
16 distribution to a particular community and surrounding
17 area use a majority of such funds distributed for
18 services in the actual provision of services in that
19 community and surrounding area;
20 (8) Certify that neither it nor its member
21 organizations will solicit State employees for
22 contributions at their workplace, except pursuant to this
23 Act and the rules promulgated thereunder. Each qualified
24 organization, and each participating United Fund, is
25 encouraged to cooperate with all others and with all
26 State agencies and educational institutions so as to
27 simplify procedures, to resolve differences and to
28 minimize costs;
29 (9) Certify that it will pay its share of the
30 campaign costs and will comply with the Code of Campaign
31 Conduct as approved by the Governor or other agency as
32 designated by the Governor; and
33 (10) Certify that it maintains a year-round office,
34 the telephone number, and person responsible for the
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1 operations of the organization in Illinois. That
2 information shall be provided to the State Comptroller at
3 the time the organization is seeking participation under
4 this Act.
5 Each qualified organization shall submit to the State
6 Comptroller between January 1 and March 1 of each year, a
7 statement that the organization is in compliance with all of
8 the requirements set forth in paragraphs (2) through (10).
9 The State Comptroller shall exclude any organization that
10 fails to submit the statement from the next solicitation
11 period.
12 In order to be designated as a qualified organization,
13 the organization shall have existed at least 2 years prior to
14 submitting the written designation forms required in
15 paragraph (1) and shall certify to the State Comptroller that
16 such organization has been providing services described in
17 paragraph (5) in Illinois. If the organization seeking
18 designation represents more than one benefiting agency, it
19 need not have existed for 2 years but shall certify to the
20 State Comptroller that each of its benefiting agencies has
21 existed for at least 2 years prior to submitting the written
22 designation forms required in paragraph (1) and that each has
23 been providing services described in paragraph (5) in
24 Illinois.
25 Organizations which have met the requirements of this Act
26 shall be permitted to participate in the State and
27 Universities Combined Appeal as of January 1st of the year
28 immediately following their approval by the Comptroller.
29 Where the certifications described in paragraphs (2),
30 (3), (4), (5), (6), (7), (8), (9), and (10) 2, 3, 4, 5, 6, 7,
31 8, 9, and 10 above are made by an organization representing
32 more than one benefiting agency they shall be based upon the
33 knowledge and belief of such qualified organization. Any
34 qualified organization shall immediately notify the State
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1 Comptroller in writing if the qualified organization receives
2 information or otherwise believes that a benefiting agency is
3 no longer in compliance with the certification of the
4 qualified organization. A qualified organization
5 representing more than one benefiting agency shall thereafter
6 withhold and refrain from distributing to such benefiting
7 agency those funds received pursuant to this Act until the
8 benefiting agency is again in compliance with the qualified
9 organization's certification. The qualified organization
10 shall immediately notify the State Comptroller of the
11 benefiting agency's resumed compliance with the
12 certification, based upon the qualified organization's
13 knowledge and belief, and shall pay over to the benefiting
14 agency those funds previously withheld.
15 The Comptroller shall, by February 1st of each year, so
16 notify any qualified organization that failed to receive at
17 least 500 payroll deduction pledges during each immediately
18 preceding solicitation period as set forth in Section 6. The
19 notification shall give such qualified organization until
20 March 1st to provide the Comptroller with documentation that
21 the 500 deduction requirement has been met. On the basis of
22 all the documentation, the Comptroller shall, by March 15th
23 of each year, submit to the Governor or his designee, or such
24 other agency as may be determined by the Governor, a list of
25 all organizations which have met the 500 payroll deduction
26 requirement. Only those organizations which have met such
27 requirements, as well as the other requirements of this
28 Section, shall be permitted to solicit State employees for
29 voluntary contributions and the Comptroller shall discontinue
30 withholding for any such organization which fails to meet
31 these requirements.
32 (c) "United Fund" means the organization conducting the
33 single, annual, consolidated effort to secure funds for
34 distribution to agencies engaged in charitable and public
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1 health, welfare and services purposes, which is commonly
2 known as the United Fund, or the organization which serves in
3 place of the United Fund organization in communities where an
4 organization known as the United Fund is not organized.
5 (d) "State and Universities Employees Combined Appeal"
6 (SECA), otherwise known as "SECA", means the State-directed
7 joint effort of all of the qualified organizations, together
8 with the United Funds, for the solicitation of voluntary
9 contributions from State and University employees.
10 In order for a United Fund to participate in the State
11 and Universities Employees Combined Appeal, it shall comply
12 with the provisions of Section 3, paragraph (9) of subsection
13 (b).
14 (Source: P.A. 90-487, eff. 8-17-97; revised 4-16-99.)
15 Section 5. The Election Code is amended by changing
16 Section 6-35.03 as follows:
17 (10 ILCS 5/6-35.03) (from Ch. 46, par. 6-35.03)
18 Sec. 6-35.03. The State Board of Elections shall design
19 a registration record card which, except as otherwise
20 provided in this Section, shall be used in triplicate by all
21 election authorities in the State, beginning with
22 registrations taken on or after January 1, 1986. The Board
23 shall prescribe the form and specifications, including but
24 not limited to the weight of paper, color and print of such
25 cards. Such cards shall contain boxes or spaces for the
26 information required under Sections 6-31.1 and 6-35 of this
27 Code; provided, that such cards shall also contain a box or
28 space for the applicant's driver's license number, or where
29 allowable the applicant's social security number, if any, and
30 a box for the applicant's telephone number, if available.
31 The original and duplicate cards shall respectively
32 constitute the master file and precinct binder registration
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1 records of the voter. The triplicate card shall be given to
2 the applicant upon completion of his or her registration or
3 completed transfer of registration.
4 Whenever a voter moves to another precinct within the
5 same election jurisdiction or to another election
6 jurisdiction in the State, such voter may transfer his or her
7 registration by presenting his or her triplicate card to the
8 election authority or a deputy registrar. If such voter is
9 not in possession of or has lost his or her triplicate card,
10 he or she may effect a transfer of registration by executing
11 an Affidavit of Cancellation of Previous Registration.
12 In the case of a transfer of registration to a new
13 election jurisdiction, the election authority shall transmit
14 the voter's triplicate card or such affidavit to the election
15 authority of the voter's former election jurisdiction, which
16 shall immediately cause the transmission of the voter's
17 previous registration card to the voter's new election
18 authority. No transfer of registration to a new election
19 jurisdiction shall be complete until the voter's old election
20 authority receives notification.
21 Deputy registrars shall return all triplicate cards or
22 Affidavits of Cancellation of Previous Registration to the
23 election authority within 7 working days after the receipt
24 thereof. Such cards or Affidavits of Cancellation of Previous
25 Registration received by the deputy registrars between the
26 35th and 28th day preceding an election shall be returned by
27 the deputy registrars within 48 hours after receipt thereof.
28 Such cards or Affidavits of Cancellation of Previous
29 Registration received by the deputy registrars on the 28th
30 day preceding an election shall be returned by the deputy
31 registrars to the election authority within 24 hours after
32 receipt thereof.
33 The date by which an election authority is required to
34 take registrations in compliance with this Section may be
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1 extended by the State Board of Elections to a date no later
2 than July 1, 1986, where, prior to January 1, 1986, the Board
3 has received a written request for such an extension from the
4 election authority and such request has shown good cause for
5 the extension.
6 In the case of a transfer of registration to a new
7 election jurisdiction, the election authority shall transmit
8 the voter's triplicate card or such affidavit to the election
9 authority of the voter's former election jurisdiction, which
10 shall immediately cause the transmission of the voter's
11 previous registration card to the voter's new election
12 authority. No transfer of registration to a new election
13 jurisdiction shall be complete until the voter's old election
14 authority receives notification.
15 Deputy registrars shall return all triplicate cards or
16 Affidavits of Cancellation of Previous Registration to the
17 election authority within 7 working days after the receipt
18 thereof, except that the deputy registrars shall return the
19 cards or Affidavits of Cancellation of Previous Registration
20 received by them between the 35th and 28th day preceding an
21 election to the election authority within 48 hours after the
22 receipt thereof.
23 Such cards or Affidavits of Cancellation of Previous
24 Registration received during the 28th day preceding an
25 election shall be returned by the deputy registrars to the
26 election authority within 24 hours after receipt thereof.
27 (Source: P.A. 86-873; revised 1-28-99.)
28 Section 10. The Service Occupation Tax Act is amended by
29 changing Section 3-5 as follows:
30 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
31 Sec. 3-5. Exemptions. The following tangible personal
32 property is exempt from the tax imposed by this Act:
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1 (1) Personal property sold by a corporation, society,
2 association, foundation, institution, or organization, other
3 than a limited liability company, that is organized and
4 operated as a not-for-profit service enterprise for the
5 benefit of persons 65 years of age or older if the personal
6 property was not purchased by the enterprise for the purpose
7 of resale by the enterprise.
8 (2) Personal property purchased by a not-for-profit
9 Illinois county fair association for use in conducting,
10 operating, or promoting the county fair.
11 (3) Personal property purchased by any not-for-profit
12 music or dramatic arts organization that establishes, by
13 proof required by the Department by rule, that it has
14 received an exemption under Section 501(c)(3) of the
15 Internal Revenue Code and that is organized and operated for
16 the presentation of live public performances of musical or
17 theatrical works on a regular basis.
18 (4) Legal tender, currency, medallions, or gold or
19 silver coinage issued by the State of Illinois, the
20 government of the United States of America, or the government
21 of any foreign country, and bullion.
22 (5) Graphic arts machinery and equipment, including
23 repair and replacement parts, both new and used, and
24 including that manufactured on special order or purchased for
25 lease, certified by the purchaser to be used primarily for
26 graphic arts production.
27 (6) Personal property sold by a teacher-sponsored
28 student organization affiliated with an elementary or
29 secondary school located in Illinois.
30 (7) Farm machinery and equipment, both new and used,
31 including that manufactured on special order, certified by
32 the purchaser to be used primarily for production agriculture
33 or State or federal agricultural programs, including
34 individual replacement parts for the machinery and equipment,
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1 including machinery and equipment purchased for lease, and
2 including implements of husbandry defined in Section 1-130 of
3 the Illinois Vehicle Code, farm machinery and agricultural
4 chemical and fertilizer spreaders, and nurse wagons required
5 to be registered under Section 3-809 of the Illinois Vehicle
6 Code, but excluding other motor vehicles required to be
7 registered under the Illinois Vehicle Code. Horticultural
8 polyhouses or hoop houses used for propagating, growing, or
9 overwintering plants shall be considered farm machinery and
10 equipment under this item (7). Agricultural chemical tender
11 tanks and dry boxes shall include units sold separately from
12 a motor vehicle required to be licensed and units sold
13 mounted on a motor vehicle required to be licensed if the
14 selling price of the tender is separately stated.
15 Farm machinery and equipment shall include precision
16 farming equipment that is installed or purchased to be
17 installed on farm machinery and equipment including, but not
18 limited to, tractors, harvesters, sprayers, planters,
19 seeders, or spreaders. Precision farming equipment includes,
20 but is not limited to, soil testing sensors, computers,
21 monitors, software, global positioning and mapping systems,
22 and other such equipment.
23 Farm machinery and equipment also includes computers,
24 sensors, software, and related equipment used primarily in
25 the computer-assisted operation of production agriculture
26 facilities, equipment, and activities such as, but not
27 limited to, the collection, monitoring, and correlation of
28 animal and crop data for the purpose of formulating animal
29 diets and agricultural chemicals. This item (7) is exempt
30 from the provisions of Section 3-55 3-75.
31 (8) Fuel and petroleum products sold to or used by an
32 air common carrier, certified by the carrier to be used for
33 consumption, shipment, or storage in the conduct of its
34 business as an air common carrier, for a flight destined for
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1 or returning from a location or locations outside the United
2 States without regard to previous or subsequent domestic
3 stopovers.
4 (9) Proceeds of mandatory service charges separately
5 stated on customers' bills for the purchase and consumption
6 of food and beverages, to the extent that the proceeds of the
7 service charge are in fact turned over as tips or as a
8 substitute for tips to the employees who participate directly
9 in preparing, serving, hosting or cleaning up the food or
10 beverage function with respect to which the service charge is
11 imposed.
12 (10) Oil field exploration, drilling, and production
13 equipment, including (i) rigs and parts of rigs, rotary rigs,
14 cable tool rigs, and workover rigs, (ii) pipe and tubular
15 goods, including casing and drill strings, (iii) pumps and
16 pump-jack units, (iv) storage tanks and flow lines, (v) any
17 individual replacement part for oil field exploration,
18 drilling, and production equipment, and (vi) machinery and
19 equipment purchased for lease; but excluding motor vehicles
20 required to be registered under the Illinois Vehicle Code.
21 (11) Photoprocessing machinery and equipment, including
22 repair and replacement parts, both new and used, including
23 that manufactured on special order, certified by the
24 purchaser to be used primarily for photoprocessing, and
25 including photoprocessing machinery and equipment purchased
26 for lease.
27 (12) Coal exploration, mining, offhighway hauling,
28 processing, maintenance, and reclamation equipment, including
29 replacement parts and equipment, and including equipment
30 purchased for lease, but excluding motor vehicles required to
31 be registered under the Illinois Vehicle Code.
32 (13) Food for human consumption that is to be consumed
33 off the premises where it is sold (other than alcoholic
34 beverages, soft drinks and food that has been prepared for
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1 immediate consumption) and prescription and non-prescription
2 medicines, drugs, medical appliances, and insulin, urine
3 testing materials, syringes, and needles used by diabetics,
4 for human use, when purchased for use by a person receiving
5 medical assistance under Article 5 of the Illinois Public Aid
6 Code who resides in a licensed long-term care facility, as
7 defined in the Nursing Home Care Act.
8 (14) Semen used for artificial insemination of livestock
9 for direct agricultural production.
10 (15) Horses, or interests in horses, registered with and
11 meeting the requirements of any of the Arabian Horse Club
12 Registry of America, Appaloosa Horse Club, American Quarter
13 Horse Association, United States Trotting Association, or
14 Jockey Club, as appropriate, used for purposes of breeding or
15 racing for prizes.
16 (16) Computers and communications equipment utilized for
17 any hospital purpose and equipment used in the diagnosis,
18 analysis, or treatment of hospital patients sold to a lessor
19 who leases the equipment, under a lease of one year or longer
20 executed or in effect at the time of the purchase, to a
21 hospital that has been issued an active tax exemption
22 identification number by the Department under Section 1g of
23 the Retailers' Occupation Tax Act.
24 (17) Personal property sold to a lessor who leases the
25 property, under a lease of one year or longer executed or in
26 effect at the time of the purchase, to a governmental body
27 that has been issued an active tax exemption identification
28 number by the Department under Section 1g of the Retailers'
29 Occupation Tax Act.
30 (18) Beginning with taxable years ending on or after
31 December 31, 1995 and ending with taxable years ending on or
32 before December 31, 2004, personal property that is donated
33 for disaster relief to be used in a State or federally
34 declared disaster area in Illinois or bordering Illinois by a
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1 manufacturer or retailer that is registered in this State to
2 a corporation, society, association, foundation, or
3 institution that has been issued a sales tax exemption
4 identification number by the Department that assists victims
5 of the disaster who reside within the declared disaster area.
6 (19) Beginning with taxable years ending on or after
7 December 31, 1995 and ending with taxable years ending on or
8 before December 31, 2004, personal property that is used in
9 the performance of infrastructure repairs in this State,
10 including but not limited to municipal roads and streets,
11 access roads, bridges, sidewalks, waste disposal systems,
12 water and sewer line extensions, water distribution and
13 purification facilities, storm water drainage and retention
14 facilities, and sewage treatment facilities, resulting from a
15 State or federally declared disaster in Illinois or bordering
16 Illinois when such repairs are initiated on facilities
17 located in the declared disaster area within 6 months after
18 the disaster.
19 (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96;
20 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff.
21 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-552,
22 eff. 12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.)
23 Section 15. The Retailers' Occupation Tax Act is amended
24 by changing Section 2-5 as follows:
25 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
26 Sec. 2-5. Exemptions. Gross receipts from proceeds from
27 the sale of the following tangible personal property are
28 exempt from the tax imposed by this Act:
29 (1) Farm chemicals.
30 (2) Farm machinery and equipment, both new and used,
31 including that manufactured on special order, certified by
32 the purchaser to be used primarily for production agriculture
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1 or State or federal agricultural programs, including
2 individual replacement parts for the machinery and equipment,
3 including machinery and equipment purchased for lease, and
4 including implements of husbandry defined in Section 1-130 of
5 the Illinois Vehicle Code, farm machinery and agricultural
6 chemical and fertilizer spreaders, and nurse wagons required
7 to be registered under Section 3-809 of the Illinois Vehicle
8 Code, but excluding other motor vehicles required to be
9 registered under the Illinois Vehicle Code. Horticultural
10 polyhouses or hoop houses used for propagating, growing, or
11 overwintering plants shall be considered farm machinery and
12 equipment under this item (2). Agricultural chemical tender
13 tanks and dry boxes shall include units sold separately from
14 a motor vehicle required to be licensed and units sold
15 mounted on a motor vehicle required to be licensed, if the
16 selling price of the tender is separately stated.
17 Farm machinery and equipment shall include precision
18 farming equipment that is installed or purchased to be
19 installed on farm machinery and equipment including, but not
20 limited to, tractors, harvesters, sprayers, planters,
21 seeders, or spreaders. Precision farming equipment includes,
22 but is not limited to, soil testing sensors, computers,
23 monitors, software, global positioning and mapping systems,
24 and other such equipment.
25 Farm machinery and equipment also includes computers,
26 sensors, software, and related equipment used primarily in
27 the computer-assisted operation of production agriculture
28 facilities, equipment, and activities such as, but not
29 limited to, the collection, monitoring, and correlation of
30 animal and crop data for the purpose of formulating animal
31 diets and agricultural chemicals. This item (7) is exempt
32 from the provisions of Section 2-70 3-75.
33 (3) Distillation machinery and equipment, sold as a unit
34 or kit, assembled or installed by the retailer, certified by
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1 the user to be used only for the production of ethyl alcohol
2 that will be used for consumption as motor fuel or as a
3 component of motor fuel for the personal use of the user, and
4 not subject to sale or resale.
5 (4) Graphic arts machinery and equipment, including
6 repair and replacement parts, both new and used, and
7 including that manufactured on special order or purchased for
8 lease, certified by the purchaser to be used primarily for
9 graphic arts production.
10 (5) A motor vehicle of the first division, a motor
11 vehicle of the second division that is a self-contained motor
12 vehicle designed or permanently converted to provide living
13 quarters for recreational, camping, or travel use, with
14 direct walk through access to the living quarters from the
15 driver's seat, or a motor vehicle of the second division that
16 is of the van configuration designed for the transportation
17 of not less than 7 nor more than 16 passengers, as defined in
18 Section 1-146 of the Illinois Vehicle Code, that is used for
19 automobile renting, as defined in the Automobile Renting
20 Occupation and Use Tax Act.
21 (6) Personal property sold by a teacher-sponsored
22 student organization affiliated with an elementary or
23 secondary school located in Illinois.
24 (7) Proceeds of that portion of the selling price of a
25 passenger car the sale of which is subject to the Replacement
26 Vehicle Tax.
27 (8) Personal property sold to an Illinois county fair
28 association for use in conducting, operating, or promoting
29 the county fair.
30 (9) Personal property sold to a not-for-profit music or
31 dramatic arts organization that establishes, by proof
32 required by the Department by rule, that it has received an
33 exemption under Section 501(c) (3) of the Internal Revenue
34 Code and that is organized and operated for the presentation
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1 of live public performances of musical or theatrical works on
2 a regular basis.
3 (10) Personal property sold by a corporation, society,
4 association, foundation, institution, or organization, other
5 than a limited liability company, that is organized and
6 operated as a not-for-profit service enterprise for the
7 benefit of persons 65 years of age or older if the personal
8 property was not purchased by the enterprise for the purpose
9 of resale by the enterprise.
10 (11) Personal property sold to a governmental body, to a
11 corporation, society, association, foundation, or institution
12 organized and operated exclusively for charitable, religious,
13 or educational purposes, or to a not-for-profit corporation,
14 society, association, foundation, institution, or
15 organization that has no compensated officers or employees
16 and that is organized and operated primarily for the
17 recreation of persons 55 years of age or older. A limited
18 liability company may qualify for the exemption under this
19 paragraph only if the limited liability company is organized
20 and operated exclusively for educational purposes. On and
21 after July 1, 1987, however, no entity otherwise eligible for
22 this exemption shall make tax-free purchases unless it has an
23 active identification number issued by the Department.
24 (12) Personal property sold to interstate carriers for
25 hire for use as rolling stock moving in interstate commerce
26 or to lessors under leases of one year or longer executed or
27 in effect at the time of purchase by interstate carriers for
28 hire for use as rolling stock moving in interstate commerce
29 and equipment operated by a telecommunications provider,
30 licensed as a common carrier by the Federal Communications
31 Commission, which is permanently installed in or affixed to
32 aircraft moving in interstate commerce.
33 (13) Proceeds from sales to owners, lessors, or shippers
34 of tangible personal property that is utilized by interstate
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1 carriers for hire for use as rolling stock moving in
2 interstate commerce and equipment operated by a
3 telecommunications provider, licensed as a common carrier by
4 the Federal Communications Commission, which is permanently
5 installed in or affixed to aircraft moving in interstate
6 commerce.
7 (14) Machinery and equipment that will be used by the
8 purchaser, or a lessee of the purchaser, primarily in the
9 process of manufacturing or assembling tangible personal
10 property for wholesale or retail sale or lease, whether the
11 sale or lease is made directly by the manufacturer or by some
12 other person, whether the materials used in the process are
13 owned by the manufacturer or some other person, or whether
14 the sale or lease is made apart from or as an incident to the
15 seller's engaging in the service occupation of producing
16 machines, tools, dies, jigs, patterns, gauges, or other
17 similar items of no commercial value on special order for a
18 particular purchaser.
19 (15) Proceeds of mandatory service charges separately
20 stated on customers' bills for purchase and consumption of
21 food and beverages, to the extent that the proceeds of the
22 service charge are in fact turned over as tips or as a
23 substitute for tips to the employees who participate directly
24 in preparing, serving, hosting or cleaning up the food or
25 beverage function with respect to which the service charge is
26 imposed.
27 (16) Petroleum products sold to a purchaser if the
28 seller is prohibited by federal law from charging tax to the
29 purchaser.
30 (17) Tangible personal property sold to a common carrier
31 by rail or motor that receives the physical possession of the
32 property in Illinois and that transports the property, or
33 shares with another common carrier in the transportation of
34 the property, out of Illinois on a standard uniform bill of
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1 lading showing the seller of the property as the shipper or
2 consignor of the property to a destination outside Illinois,
3 for use outside Illinois.
4 (18) Legal tender, currency, medallions, or gold or
5 silver coinage issued by the State of Illinois, the
6 government of the United States of America, or the government
7 of any foreign country, and bullion.
8 (19) Oil field exploration, drilling, and production
9 equipment, including (i) rigs and parts of rigs, rotary rigs,
10 cable tool rigs, and workover rigs, (ii) pipe and tubular
11 goods, including casing and drill strings, (iii) pumps and
12 pump-jack units, (iv) storage tanks and flow lines, (v) any
13 individual replacement part for oil field exploration,
14 drilling, and production equipment, and (vi) machinery and
15 equipment purchased for lease; but excluding motor vehicles
16 required to be registered under the Illinois Vehicle Code.
17 (20) Photoprocessing machinery and equipment, including
18 repair and replacement parts, both new and used, including
19 that manufactured on special order, certified by the
20 purchaser to be used primarily for photoprocessing, and
21 including photoprocessing machinery and equipment purchased
22 for lease.
23 (21) Coal exploration, mining, offhighway hauling,
24 processing, maintenance, and reclamation equipment, including
25 replacement parts and equipment, and including equipment
26 purchased for lease, but excluding motor vehicles required to
27 be registered under the Illinois Vehicle Code.
28 (22) Fuel and petroleum products sold to or used by an
29 air carrier, certified by the carrier to be used for
30 consumption, shipment, or storage in the conduct of its
31 business as an air common carrier, for a flight destined for
32 or returning from a location or locations outside the United
33 States without regard to previous or subsequent domestic
34 stopovers.
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1 (23) A transaction in which the purchase order is
2 received by a florist who is located outside Illinois, but
3 who has a florist located in Illinois deliver the property to
4 the purchaser or the purchaser's donee in Illinois.
5 (24) Fuel consumed or used in the operation of ships,
6 barges, or vessels that are used primarily in or for the
7 transportation of property or the conveyance of persons for
8 hire on rivers bordering on this State if the fuel is
9 delivered by the seller to the purchaser's barge, ship, or
10 vessel while it is afloat upon that bordering river.
11 (25) A motor vehicle sold in this State to a nonresident
12 even though the motor vehicle is delivered to the nonresident
13 in this State, if the motor vehicle is not to be titled in
14 this State, and if a driveaway decal permit is issued to the
15 motor vehicle as provided in Section 3-603 of the Illinois
16 Vehicle Code or if the nonresident purchaser has vehicle
17 registration plates to transfer to the motor vehicle upon
18 returning to his or her home state. The issuance of the
19 driveaway decal permit or having the out-of-state
20 registration plates to be transferred is prima facie evidence
21 that the motor vehicle will not be titled in this State.
22 (26) Semen used for artificial insemination of livestock
23 for direct agricultural production.
24 (27) Horses, or interests in horses, registered with and
25 meeting the requirements of any of the Arabian Horse Club
26 Registry of America, Appaloosa Horse Club, American Quarter
27 Horse Association, United States Trotting Association, or
28 Jockey Club, as appropriate, used for purposes of breeding or
29 racing for prizes.
30 (28) Computers and communications equipment utilized for
31 any hospital purpose and equipment used in the diagnosis,
32 analysis, or treatment of hospital patients sold to a lessor
33 who leases the equipment, under a lease of one year or longer
34 executed or in effect at the time of the purchase, to a
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1 hospital that has been issued an active tax exemption
2 identification number by the Department under Section 1g of
3 this Act.
4 (29) Personal property sold to a lessor who leases the
5 property, under a lease of one year or longer executed or in
6 effect at the time of the purchase, to a governmental body
7 that has been issued an active tax exemption identification
8 number by the Department under Section 1g of this Act.
9 (30) Beginning with taxable years ending on or after
10 December 31, 1995 and ending with taxable years ending on or
11 before December 31, 2004, personal property that is donated
12 for disaster relief to be used in a State or federally
13 declared disaster area in Illinois or bordering Illinois by a
14 manufacturer or retailer that is registered in this State to
15 a corporation, society, association, foundation, or
16 institution that has been issued a sales tax exemption
17 identification number by the Department that assists victims
18 of the disaster who reside within the declared disaster area.
19 (31) Beginning with taxable years ending on or after
20 December 31, 1995 and ending with taxable years ending on or
21 before December 31, 2004, personal property that is used in
22 the performance of infrastructure repairs in this State,
23 including but not limited to municipal roads and streets,
24 access roads, bridges, sidewalks, waste disposal systems,
25 water and sewer line extensions, water distribution and
26 purification facilities, storm water drainage and retention
27 facilities, and sewage treatment facilities, resulting from a
28 State or federally declared disaster in Illinois or bordering
29 Illinois when such repairs are initiated on facilities
30 located in the declared disaster area within 6 months after
31 the disaster.
32 (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96;
33 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff.
34 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-519,
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1 eff. 6-1-98; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98;
2 revised 2-10-99.)
3 Section 20. The Telecommunications Municipal
4 Infrastructure Maintenance Fee Act is amended by changing
5 Section 5 as follows:
6 (35 ILCS 635/5)
7 Sec. 5. Legislative intent. The General Assembly
8 imposed a tax on invested capital of utilities to partially
9 replace the personal property tax that was abolished by the
10 Illinois Constitution of 1970. Since that tax was imposed,
11 telecommunications retailers have evolved from utility status
12 into an increasingly competitive industry serving the public.
13 This Act is intended to abolish the invested capital tax on
14 telecommunications retailers (that is, persons engaged in the
15 business of transmitting messages and acting as a retailer of
16 telecommunications as defined in Section 2 of the
17 Telecommunications Excise Tax Act). Cellular
18 telecommunications Telecummunications retailers have already
19 been excluded from application of the invested capital tax by
20 earlier legislative action.
21 This Act is also intended to abolish municipal franchise
22 fees with respect to telecommunications retailers, create a
23 uniform system for the collection and distribution of fees
24 associated with the privilege of use of the public right of
25 way for telecommunications activity, and provide
26 municipalities with a comprehensive method of compensation
27 for telecommunications activity including the recovery of
28 reasonable costs of regulating the use of the public
29 rights-of-way for telecommunications activity.
30 (Source: P.A. 90-154, eff. 1-1-98; revised 2-10-99.)
31 Section 25. The Counties Code is amended by changing
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1 Section 5-1211 as follows:
2 (55 ILCS 5/5-1121)
3 Sec. 5-1121. Demolition, repair, or enclosure.
4 (a) The county board of each county may upon a formal
5 request by the city, village or incorporated town demolish,
6 repair, or enclose or cause the demolition, repair, or
7 enclosure of dangerous and unsafe buildings or uncompleted
8 and abandoned buildings within the territory of the county,
9 but outside the territory of any municipality, and may remove
10 or cause the removal of garbage, debris, and other hazardous,
11 noxious, or unhealthy substances or materials from those
12 buildings. In any county having adopted, by referendum or
13 otherwise, a county health department as provided by Division
14 5-25 of the Counties Code or its predecessor, the county
15 board of any such county may upon a formal request by the
16 city, village, or incorporated town demolish, repair or cause
17 the demolition or repair of dangerous and unsafe buildings or
18 uncompleted and abandoned buildings within the territory of
19 any city, village, or incorporated town having a population
20 of less than 50,000.
21 The county board shall apply to the circuit court of the
22 county in which the building is located (i) for an order
23 authorizing action to be taken with respect to a building if
24 the owner or owners of the building, including the lien
25 holders of record, after at least 15 days' written notice by
26 mail to do so, have failed to commence proceedings to put the
27 building in a safe condition or to demolish it or (ii) for an
28 order requiring the owner or owners of record to demolish,
29 repair, or enclose the building or to remove garbage, debris,
30 and other hazardous, noxious, or unhealthy substances or
31 materials from the building. It is not a defense to the
32 cause of action that the building is boarded up or otherwise
33 enclosed, although the court may order the defendant to have
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1 the building boarded up or otherwise enclosed. Where, upon
2 diligent search, the identity or whereabouts of the owner or
3 owners of the building, including the lien holders of record,
4 is not ascertainable, notice mailed to the person or persons
5 in whose name the real estate was last assessed and the
6 posting of such notice upon the premises sought to be
7 demolished or repaired is sufficient notice under this
8 Section.
9 The hearing upon the application to the circuit court
10 shall be expedited by the court and shall be given precedence
11 over all other suits.
12 The cost of the demolition, repair, enclosure, or removal
13 incurred by the county, by an intervenor, or by a lien holder
14 of record, including court costs, attorney's fees, and other
15 costs related to the enforcement of this Section, is
16 recoverable from the owner or owners of the real estate or
17 the previous owner or both if the property was transferred
18 during the 15 day notice period and is a lien on the real
19 estate; the lien is superior to all prior existing liens and
20 encumbrances, except taxes, if, within 180 days after the
21 repair, demolition, enclosure, or removal, the county, the
22 lien holder of record, or the intervenor who incurred the
23 cost and expense shall file a notice of lien for the cost and
24 expense incurred in the office of the recorder in the county
25 in which the real estate is located or in the office of the
26 registrar of titles of the county if the real estate affected
27 is registered under the Registered Titles (Torrens) Act.
28 The notice must consist of a sworn statement setting out
29 (1) a description of the real estate sufficient for its
30 identification, (2) the amount of money representing the cost
31 and expense incurred, and (3) the date or dates when the cost
32 and expense was incurred by the county, the lien holder of
33 record, or the intervenor. Upon payment of the cost and
34 expense by the owner of or persons interested in the property
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1 after the notice of lien has been filed, the lien shall be
2 released by the county, the person in whose name the lien has
3 been filed, or the assignee of the lien, and the release may
4 be filed of record as in the case of filing notice of lien.
5 Unless the lien is enforced under subsection (b), the lien
6 may be enforced by foreclosure proceedings as in the case of
7 mortgage foreclosures under Article XV of the Code of Civil
8 Procedure or mechanics' lien foreclosures. An action to
9 foreclose this lien may be commenced at any time after the
10 date of filing of the notice of lien. The costs of
11 foreclosure incurred by the county, including court costs,
12 reasonable attorney's fees, advances to preserve the
13 property, and other costs related to the enforcement of this
14 subsection, plus statutory interest, are a lien on the real
15 estate and are recoverable by the county from the owner or
16 owners of the real estate.
17 All liens arising under this subsection (a) shall be
18 assignable. The assignee of the lien shall have the same
19 power to enforce the lien as the assigning party, except that
20 the lien may not be enforced under subsection (b).
21 If the appropriate official of any county determines that
22 any dangerous and unsafe building or uncompleted and
23 abandoned building within its territory fulfills the
24 requirements for an action by the county under the Abandoned
25 Housing Rehabilitation Act, the county may petition under
26 that Act in a proceeding brought under this subsection.
27 (b) In any case where a county has obtained a lien under
28 subsection (a), the county may enforce the lien under this
29 subsection (b) in the same proceeding in which the lien is
30 authorized.
31 A county desiring to enforce a lien under this subsection
32 (b) shall petition the court to retain jurisdiction for
33 foreclosure proceedings under this subsection. Notice of the
34 petition shall be served, by certified or registered mail, on
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1 all persons who were served notice under subsection (a). The
2 court shall conduct a hearing on the petition not less than
3 15 days after the notice is served. If the court determines
4 that the requirements of this subsection (b) have been
5 satisfied, it shall grant the petition and retain
6 jurisdiction over the matter until the foreclosure proceeding
7 is completed. The costs of foreclosure incurred by the
8 county, including court costs, reasonable attorneys' fees,
9 advances to preserve the property, and other costs related to
10 the enforcement of this subsection, plus statutory interest,
11 are a lien on the real estate and are recoverable by the
12 county from the owner or owners of the real estate. If the
13 court denies the petition, the county may enforce the lien in
14 a separate action as provided in subsection (a).
15 All persons designated in Section 15-1501 of the Code of
16 Civil Procedure as necessary parties in a mortgage
17 foreclosure action shall be joined as parties before issuance
18 of an order of foreclosure. Persons designated in Section
19 15-1501 of the Code of Civil Procedure as permissible parties
20 may also be joined as parties in the action.
21 The provisions of Article XV of the Code of Civil
22 Procedure applicable to mortgage foreclosures shall apply to
23 the foreclosure of a lien under this subsection (b), except
24 to the extent that those provisions are inconsistent with
25 this subsection. For purposes of foreclosures of liens
26 under this subsection, however, the redemption period
27 described in subsection (b) of Section 15-1603 of the Code of
28 Civil Procedure shall end 60 days after the date of entry of
29 the order of foreclosure.
30 (c) In addition to any other remedy provided by law, the
31 county board of any county may petition the circuit court to
32 have property declared abandoned under this subsection (c)
33 if:
34 (1) the property has been tax delinquent for 2 or
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1 more years or bills for water service for the property
2 have been outstanding for 2 or more years;
3 (2) the property is unoccupied by persons legally
4 in possession; and
5 (3) the property contains a dangerous or unsafe
6 building.
7 All persons having an interest of record in the property,
8 including tax purchasers and beneficial owners of any
9 Illinois land trust having title to the property, shall be
10 named as defendants in the petition and shall be served with
11 process. In addition, service shall be had under Section
12 2-206 of the Code of Civil Procedure as in other cases
13 affecting property.
14 The county, however, may proceed under this subsection in
15 a proceeding brought under subsection (a). Notice of the
16 petition shall be served by certified or registered mail on
17 all persons who were served notice under subsection (a).
18 If the county proves that the conditions described in
19 this subsection exist and the owner of record of the property
20 does not enter an appearance in the action, or, if title to
21 the property is held by an Illinois land trust, if neither
22 the owner of record nor the owner of the beneficial interest
23 of the trust enters an appearance, the court shall declare
24 the property abandoned.
25 If that determination is made, notice shall be sent by
26 certified or registered mail to all persons having an
27 interest of record in the property, including tax purchasers
28 and beneficial owners of any Illinois land trust having title
29 to the property, stating that title to the property will be
30 transferred to the county unless, within 30 days of the
31 notice, the owner of record enters an appearance in the
32 action, or unless any other person having an interest in the
33 property files with the court a request to demolish the
34 dangerous or unsafe building or to put the building in safe
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1 condition.
2 If the owner of record enters an appearance in the action
3 within the 30 day period, the court shall vacate its order
4 declaring the property abandoned. In that case, the county
5 may amend its complaint in order to initiate proceedings
6 under subsection (a).
7 If a request to demolish or repair the building is filed
8 within the 30 day period, the court shall grant permission to
9 the requesting party to demolish the building within 30 days
10 or to restore the building to safe condition within 60 days
11 after the request is granted. An extension of that period
12 for up to 60 additional days may be given for good cause. If
13 more than one person with an interest in the property files a
14 timely request, preference shall be given to the person with
15 the lien or other interest of the highest priority.
16 If the requesting party proves to the court that the
17 building has been demolished or put in a safe condition
18 within the period of time granted by the court, the court
19 shall issue a quitclaim judicial deed for the property to the
20 requesting party, conveying only the interest of the owner of
21 record, upon proof of payment to the county of all costs
22 incurred by the county in connection with the action,
23 including but not limited to court costs, attorney's fees,
24 administrative costs, the costs, if any, associated with
25 building enclosure or removal, and receiver's certificates.
26 The interest in the property so conveyed shall be subject to
27 all liens and encumbrances on the property. In addition, if
28 the interest is conveyed to a person holding a certificate of
29 purchase for the property under the Property Tax Code, the
30 conveyance shall be subject to the rights of redemption of
31 all persons entitled to redeem under that Act, including the
32 original owner of record.
33 If no person with an interest in the property files a
34 timely request or if the requesting party fails to demolish
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1 the building or put the building in safe condition within the
2 time specified by the court, the county may petition the
3 court to issue a judicial deed for the property to the
4 county. A conveyance by judicial deed shall operate to
5 extinguish all existing ownership interests in, liens on, and
6 other interest in the property, including tax liens.
7 (d) Each county may use the provisions of this
8 subsection to expedite the removal of certain buildings that
9 are a continuing hazard to the community in which they are
10 located.
11 If a residential building is 2 stories or less in height
12 as defined by the county's building code, and the official
13 designated to be in charge of enforcing the county's building
14 code determines that the building is open and vacant and an
15 immediate and continuing hazard to the community in which the
16 building is located, then the official shall be authorized to
17 post a notice not less than 2 feet by 2 feet in size on the
18 front of the building. The notice shall be dated as of the
19 date of the posting and shall state that unless the building
20 is demolished, repaired, or enclosed, and unless any garbage,
21 debris, and other hazardous, noxious, or unhealthy substances
22 or materials are removed so that an immediate and continuing
23 hazard to the community no longer exists, then the building
24 may be demolished, repaired, or enclosed, or any garbage,
25 debris, and other hazardous, noxious, or unhealthy substances
26 or materials may be removed, by the county.
27 Not later than 30 days following the posting of the
28 notice, the county shall do both of the following:
29 (1) Cause to be sent, by certified mail, return
30 receipt requested, a notice to all owners of record of
31 the property, the beneficial owners of any Illinois land
32 trust having title to the property, and all lienholders
33 of record in the property, stating the intent of the
34 county to demolish, repair, or enclose the building or
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1 remove any garbage, debris, or other hazardous, noxious,
2 or unhealthy substances or materials if that action is
3 not taken by the owner or owners.
4 (2) Cause to be published, in a newspaper published
5 or circulated in the county where the building is
6 located, a notice setting forth (i) the permanent tax
7 index number and the address of the building, (ii) a
8 statement that the property is open and vacant and
9 constitutes an immediate and continuing hazard to the
10 community, and (iii) a statement that the county intends
11 to demolish, repair, or enclose the building or remove
12 any garbage, debris, or other hazardous, noxious, or
13 unhealthy substances or materials if the owner or owners
14 or lienholders of record fail to do so. This notice
15 shall be published for 3 consecutive days.
16 A person objecting to the proposed actions of the county
17 board may file his or her objection in an appropriate form in
18 a court of competent jurisdiction.
19 If the building is not demolished, repaired, or enclosed,
20 or the garbage, debris, or other hazardous, noxious, or
21 unhealthy substances or materials are not removed, within 30
22 days of mailing the notice to the owners of record, the
23 beneficial owners of any Illinois land trust having title to
24 the property, and all lienholders of record in the property,
25 or within 30 days of the last day of publication of the
26 notice, whichever is later, the county board shall have the
27 power to demolish, repair, or enclose the building or to
28 remove any garbage, debris, or other hazardous, noxious, or
29 unhealthy substances or materials.
30 The county may proceed to demolish, repair, or enclose a
31 building or remove any garbage, debris, or other hazardous,
32 noxious, or unhealthy substances or materials under this
33 subsection within a 120-day period following the date of the
34 mailing of the notice if the appropriate official determines
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1 that the demolition, repair, enclosure, or removal of any
2 garbage, debris, or other hazardous, noxious, or unhealthy
3 substances or materials is necessary to remedy the immediate
4 and continuing hazard. If, however, before the county
5 proceeds with any of the actions authorized by this
6 subsection, any person has sought a hearing under this
7 subsection before a court and has served a copy of the
8 complaint on the chief executive officer of the county, then
9 the county shall not proceed with the demolition, repair,
10 enclosure, or removal of garbage, debris, or other substances
11 until the court determines that that action is necessary to
12 remedy the hazard and issues an order authorizing the county
13 to do so.
14 Following the demolition, repair, or enclosure of a
15 building, or the removal of garbage, debris, or other
16 hazardous, noxious, or unhealthy substances or materials
17 under this subsection, the county may file a notice of lien
18 against the real estate for the cost of the demolition,
19 repair, enclosure, or removal within 180 days after the
20 repair, demolition, enclosure, or removal occurred, for the
21 cost and expense incurred, in the office of the recorder in
22 the county in which the real estate is located or in the
23 office of the registrar of titles of the county if the real
24 estate affected is registered under the Registered Titles
25 (Torrens) Act. The notice of lien shall consist of a sworn
26 statement setting forth (i) a description of the real estate,
27 such as the address or other description of the property,
28 sufficient for its identification; (ii) the expenses incurred
29 by the county in undertaking the remedial actions authorized
30 under this subsection; (iii) the date or dates the expenses
31 were incurred by the county; (iv) a statement by the official
32 responsible for enforcing the building code that the building
33 was open and vacant and constituted an immediate and
34 continuing hazard to the community; (v) a statement by the
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1 official that the required sign was posted on the building,
2 that notice was sent by certified mail to the owners of
3 record, and that notice was published in accordance with this
4 subsection; and (vi) a statement as to when and where the
5 notice was published. The lien authorized by this subsection
6 may thereafter be released or enforced by the county as
7 provided in subsection (a).
8 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
9 90-517, eff. 8-22-97; revised 3-4-99.)
10 Section 30. The School Code is amended by changing
11 Section 18-8.05 as follows:
12 (105 ILCS 5/18-8.05)
13 Sec. 18-8.05. Basis for apportionment of general State
14 financial aid and supplemental general State aid to the
15 common schools for the 1998-1999 and subsequent school years.
16 (A) General Provisions.
17 (1) The provisions of this Section apply to the
18 1998-1999 and subsequent school years. The system of general
19 State financial aid provided for in this Section is designed
20 to assure that, through a combination of State financial aid
21 and required local resources, the financial support provided
22 each pupil in Average Daily Attendance equals or exceeds a
23 prescribed per pupil Foundation Level. This formula approach
24 imputes a level of per pupil Available Local Resources and
25 provides for the basis to calculate a per pupil level of
26 general State financial aid that, when added to Available
27 Local Resources, equals or exceeds the Foundation Level. The
28 amount of per pupil general State financial aid for school
29 districts, in general, varies in inverse relation to
30 Available Local Resources. Per pupil amounts are based upon
31 each school district's Average Daily Attendance as that term
32 is defined in this Section.
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1 (2) In addition to general State financial aid, school
2 districts with specified levels or concentrations of pupils
3 from low income households are eligible to receive
4 supplemental general State financial aid grants as provided
5 pursuant to subsection (H). The supplemental State aid grants
6 provided for school districts under subsection (H) shall be
7 appropriated for distribution to school districts as part of
8 the same line item in which the general State financial aid
9 of school districts is appropriated under this Section.
10 (3) To receive financial assistance under this Section,
11 school districts are required to file claims with the State
12 Board of Education, subject to the following requirements:
13 (a) Any school district which fails for any given
14 school year to maintain school as required by law, or to
15 maintain a recognized school is not eligible to file for
16 such school year any claim upon the Common School Fund.
17 In case of nonrecognition of one or more attendance
18 centers in a school district otherwise operating
19 recognized schools, the claim of the district shall be
20 reduced in the proportion which the Average Daily
21 Attendance in the attendance center or centers bear to
22 the Average Daily Attendance in the school district. A
23 "recognized school" means any public school which meets
24 the standards as established for recognition by the State
25 Board of Education. A school district or attendance
26 center not having recognition status at the end of a
27 school term is entitled to receive State aid payments due
28 upon a legal claim which was filed while it was
29 recognized.
30 (b) School district claims filed under this Section
31 are subject to Sections 18-9, 18-10, and 18-12, except as
32 otherwise provided in this Section.
33 (c) If a school district operates a full year
34 school under Section 10-19.1, the general State aid to
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1 the school district shall be determined by the State
2 Board of Education in accordance with this Section as
3 near as may be applicable.
4 (d) (Blank).
5 (4) Except as provided in subsections (H) and (L), the
6 board of any district receiving any of the grants provided
7 for in this Section may apply those funds to any fund so
8 received for which that board is authorized to make
9 expenditures by law.
10 School districts are not required to exert a minimum
11 Operating Tax Rate in order to qualify for assistance under
12 this Section.
13 (5) As used in this Section the following terms, when
14 capitalized, shall have the meaning ascribed herein:
15 (a) "Average Daily Attendance": A count of pupil
16 attendance in school, averaged as provided for in
17 subsection (C) and utilized in deriving per pupil
18 financial support levels.
19 (b) "Available Local Resources": A computation of
20 local financial support, calculated on the basis of
21 Average Daily Attendance and derived as provided pursuant
22 to subsection (D).
23 (c) "Corporate Personal Property Replacement
24 Taxes": Funds paid to local school districts pursuant to
25 "An Act in relation to the abolition of ad valorem
26 personal property tax and the replacement of revenues
27 lost thereby, and amending and repealing certain Acts and
28 parts of Acts in connection therewith", certified August
29 14, 1979, as amended (Public Act 81-1st S.S.-1).
30 (d) "Foundation Level": A prescribed level of per
31 pupil financial support as provided for in subsection
32 (B).
33 (e) "Operating Tax Rate": All school district
34 property taxes extended for all purposes, except Bond and
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1 Interest, Summer School, Rent, Capital Improvement, and
2 Vocational Education Building purposes.
3 (B) Foundation Level.
4 (1) The Foundation Level is a figure established by the
5 State representing the minimum level of per pupil financial
6 support that should be available to provide for the basic
7 education of each pupil in Average Daily Attendance. As set
8 forth in this Section, each school district is assumed to
9 exert a sufficient local taxing effort such that, in
10 combination with the aggregate of general State financial aid
11 provided the district, an aggregate of State and local
12 resources are available to meet the basic education needs of
13 pupils in the district.
14 (2) For the 1998-1999 school year, the Foundation Level
15 of support is $4,225. For the 1999-2000 school year, the
16 Foundation Level of support is $4,325. For the 2000-2001
17 school year, the Foundation Level of support is $4,425.
18 (3) For the 2001-2002 school year and each school year
19 thereafter, the Foundation Level of support is $4,425 or such
20 greater amount as may be established by law by the General
21 Assembly.
22 (C) Average Daily Attendance.
23 (1) For purposes of calculating general State aid
24 pursuant to subsection (E), an Average Daily Attendance
25 figure shall be utilized. The Average Daily Attendance
26 figure for formula calculation purposes shall be the monthly
27 average of the actual number of pupils in attendance of each
28 school district, as further averaged for the best 3 months of
29 pupil attendance for each school district. In compiling the
30 figures for the number of pupils in attendance, school
31 districts and the State Board of Education shall, for
32 purposes of general State aid funding, conform attendance
33 figures to the requirements of subsection (F).
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1 (2) The Average Daily Attendance figures utilized in
2 subsection (E) shall be the requisite attendance data for the
3 school year immediately preceding the school year for which
4 general State aid is being calculated.
5 (D) Available Local Resources.
6 (1) For purposes of calculating general State aid
7 pursuant to subsection (E), a representation of Available
8 Local Resources per pupil, as that term is defined and
9 determined in this subsection, shall be utilized. Available
10 Local Resources per pupil shall include a calculated dollar
11 amount representing local school district revenues from local
12 property taxes and from Corporate Personal Property
13 Replacement Taxes, expressed on the basis of pupils in
14 Average Daily Attendance.
15 (2) In determining a school district's revenue from
16 local property taxes, the State Board of Education shall
17 utilize the equalized assessed valuation of all taxable
18 property of each school district as of September 30 of the
19 previous year. The equalized assessed valuation utilized
20 shall be obtained and determined as provided in subsection
21 (G).
22 (3) For school districts maintaining grades kindergarten
23 through 12, local property tax revenues per pupil shall be
24 calculated as the product of the applicable equalized
25 assessed valuation for the district multiplied by 3.00%, and
26 divided by the district's Average Daily Attendance figure.
27 For school districts maintaining grades kindergarten through
28 8, local property tax revenues per pupil shall be calculated
29 as the product of the applicable equalized assessed valuation
30 for the district multiplied by 2.30%, and divided by the
31 district's Average Daily Attendance figure. For school
32 districts maintaining grades 9 through 12, local property tax
33 revenues per pupil shall be the applicable equalized assessed
34 valuation of the district multiplied by 1.20%, and divided by
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1 the district's Average Daily Attendance figure.
2 (4) The Corporate Personal Property Replacement Taxes
3 paid to each school district during the calendar year 2 years
4 before the calendar year in which a school year begins,
5 divided by the Average Daily Attendance figure for that
6 district, shall be added to the local property tax revenues
7 per pupil as derived by the application of the immediately
8 preceding paragraph (3). The sum of these per pupil figures
9 for each school district shall constitute Available Local
10 Resources as that term is utilized in subsection (E) in the
11 calculation of general State aid.
12 (E) Computation of General State Aid.
13 (1) For each school year, the amount of general State
14 aid allotted to a school district shall be computed by the
15 State Board of Education as provided in this subsection.
16 (2) For any school district for which Available Local
17 Resources per pupil is less than the product of 0.93 times
18 the Foundation Level, general State aid for that district
19 shall be calculated as an amount equal to the Foundation
20 Level minus Available Local Resources, multiplied by the
21 Average Daily Attendance of the school district.
22 (3) For any school district for which Available Local
23 Resources per pupil is equal to or greater than the product
24 of 0.93 times the Foundation Level and less than the product
25 of 1.75 times the Foundation Level, the general State aid per
26 pupil shall be a decimal proportion of the Foundation Level
27 derived using a linear algorithm. Under this linear
28 algorithm, the calculated general State aid per pupil shall
29 decline in direct linear fashion from 0.07 times the
30 Foundation Level for a school district with Available Local
31 Resources equal to the product of 0.93 times the Foundation
32 Level, to 0.05 times the Foundation Level for a school
33 district with Available Local Resources equal to the product
34 of 1.75 times the Foundation Level. The allocation of
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1 general State aid for school districts subject to this
2 paragraph 3 shall be the calculated general State aid per
3 pupil figure multiplied by the Average Daily Attendance of
4 the school district.
5 (4) For any school district for which Available Local
6 Resources per pupil equals or exceeds the product of 1.75
7 times the Foundation Level, the general State aid for the
8 school district shall be calculated as the product of $218
9 multiplied by the Average Daily Attendance of the school
10 district.
11 (F) Compilation of Average Daily Attendance.
12 (1) Each school district shall, by July 1 of each year,
13 submit to the State Board of Education, on forms prescribed
14 by the State Board of Education, attendance figures for the
15 school year that began in the preceding calendar year. The
16 attendance information so transmitted shall identify the
17 average daily attendance figures for each month of the school
18 year, except that any days of attendance in August shall be
19 added to the month of September and any days of attendance in
20 June shall be added to the month of May.
21 Except as otherwise provided in this Section, days of
22 attendance by pupils shall be counted only for sessions of
23 not less than 5 clock hours of school work per day under
24 direct supervision of: (i) teachers, or (ii) non-teaching
25 personnel or volunteer personnel when engaging in
26 non-teaching duties and supervising in those instances
27 specified in subsection (a) of Section 10-22.34 and paragraph
28 10 of Section 34-18, with pupils of legal school age and in
29 kindergarten and grades 1 through 12.
30 Days of attendance by tuition pupils shall be accredited
31 only to the districts that pay the tuition to a recognized
32 school.
33 (2) Days of attendance by pupils of less than 5 clock
34 hours of school shall be subject to the following provisions
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1 in the compilation of Average Daily Attendance.
2 (a) Pupils regularly enrolled in a public school
3 for only a part of the school day may be counted on the
4 basis of 1/6 day for every class hour of instruction of
5 40 minutes or more attended pursuant to such enrollment.
6 (b) Days of attendance may be less than 5 clock
7 hours on the opening and closing of the school term, and
8 upon the first day of pupil attendance, if preceded by a
9 day or days utilized as an institute or teachers'
10 workshop.
11 (c) A session of 4 or more clock hours may be
12 counted as a day of attendance upon certification by the
13 regional superintendent, and approved by the State
14 Superintendent of Education to the extent that the
15 district has been forced to use daily multiple sessions.
16 (d) A session of 3 or more clock hours may be
17 counted as a day of attendance (1) when the remainder of
18 the school day or at least 2 hours in the evening of that
19 day is utilized for an in-service training program for
20 teachers, up to a maximum of 5 days per school year of
21 which a maximum of 4 days of such 5 days may be used for
22 parent-teacher conferences, provided a district conducts
23 an in-service training program for teachers which has
24 been approved by the State Superintendent of Education;
25 or, in lieu of 4 such days, 2 full days may be used, in
26 which event each such day may be counted as a day of
27 attendance; and (2) when days in addition to those
28 provided in item (1) are scheduled by a school pursuant
29 to its school improvement plan adopted under Article 34
30 or its revised or amended school improvement plan adopted
31 under Article 2, provided that (i) such sessions of 3 or
32 more clock hours are scheduled to occur at regular
33 intervals, (ii) the remainder of the school days in which
34 such sessions occur are utilized for in-service training
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1 programs or other staff development activities for
2 teachers, and (iii) a sufficient number of minutes of
3 school work under the direct supervision of teachers are
4 added to the school days between such regularly scheduled
5 sessions to accumulate not less than the number of
6 minutes by which such sessions of 3 or more clock hours
7 fall short of 5 clock hours. Any full days used for the
8 purposes of this paragraph shall not be considered for
9 computing average daily attendance. Days scheduled for
10 in-service training programs, staff development
11 activities, or parent-teacher conferences may be
12 scheduled separately for different grade levels and
13 different attendance centers of the district.
14 (e) A session of not less than one clock hour of
15 teaching hospitalized or homebound pupils on-site or by
16 telephone to the classroom may be counted as 1/2 day of
17 attendance, however these pupils must receive 4 or more
18 clock hours of instruction to be counted for a full day
19 of attendance.
20 (f) A session of at least 4 clock hours may be
21 counted as a day of attendance for first grade pupils,
22 and pupils in full day kindergartens, and a session of 2
23 or more hours may be counted as 1/2 day of attendance by
24 pupils in kindergartens which provide only 1/2 day of
25 attendance.
26 (g) For children with disabilities who are below
27 the age of 6 years and who cannot attend 2 or more clock
28 hours because of their disability or immaturity, a
29 session of not less than one clock hour may be counted as
30 1/2 day of attendance; however for such children whose
31 educational needs so require a session of 4 or more clock
32 hours may be counted as a full day of attendance.
33 (h) A recognized kindergarten which provides for
34 only 1/2 day of attendance by each pupil shall not have
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1 more than 1/2 day of attendance counted in any one day.
2 However, kindergartens may count 2 1/2 days of attendance
3 in any 5 consecutive school days. When a pupil attends
4 such a kindergarten for 2 half days on any one school
5 day, the pupil shall have the following day as a day
6 absent from school, unless the school district obtains
7 permission in writing from the State Superintendent of
8 Education. Attendance at kindergartens which provide for
9 a full day of attendance by each pupil shall be counted
10 the same as attendance by first grade pupils. Only the
11 first year of attendance in one kindergarten shall be
12 counted, except in case of children who entered the
13 kindergarten in their fifth year whose educational
14 development requires a second year of kindergarten as
15 determined under the rules and regulations of the State
16 Board of Education.
17 (G) Equalized Assessed Valuation Data.
18 (1) For purposes of the calculation of Available Local
19 Resources required pursuant to subsection (D), the State
20 Board of Education shall secure from the Department of
21 Revenue the value as equalized or assessed by the Department
22 of Revenue of all taxable property of every school district
23 together with the applicable tax rate used in extending taxes
24 for the funds of the district as of September 30 of the
25 previous year.
26 This equalized assessed valuation, as adjusted further by
27 the requirements of this subsection, shall be utilized in the
28 calculation of Available Local Resources.
29 (2) The equalized assessed valuation in paragraph (1)
30 shall be adjusted, as applicable, in the following manner:
31 (a) For the purposes of calculating State aid under
32 this Section, with respect to any part of a school
33 district within a redevelopment project area in respect
34 to which a municipality has adopted tax increment
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1 allocation financing pursuant to the Tax Increment
2 Allocation Redevelopment Act, Sections 11-74.4-1 through
3 11-74.4-11 of the Illinois Municipal Code or the
4 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
5 11-74.6-50 of the Illinois Municipal Code, no part of the
6 current equalized assessed valuation of real property
7 located in any such project area which is attributable to
8 an increase above the total initial equalized assessed
9 valuation of such property shall be used as part of the
10 equalized assessed valuation of the district, until such
11 time as all redevelopment project costs have been paid,
12 as provided in Section 11-74.4-8 of the Tax Increment
13 Allocation Redevelopment Act or in Section 11-74.6-35 of
14 the Industrial Jobs Recovery Law. For the purpose of the
15 equalized assessed valuation of the district, the total
16 initial equalized assessed valuation or the current
17 equalized assessed valuation, whichever is lower, shall
18 be used until such time as all redevelopment project
19 costs have been paid.
20 (b) The real property equalized assessed valuation
21 for a school district shall be adjusted by subtracting
22 from the real property value as equalized or assessed by
23 the Department of Revenue for the district an amount
24 computed by dividing the amount of any abatement of taxes
25 under Section 18-170 of the Property Tax Code by 3.00%
26 for a district maintaining grades kindergarten through
27 12, by 2.30% for a district maintaining grades
28 kindergarten through 8, or by 1.20% for a district
29 maintaining grades 9 through 12 and adjusted by an amount
30 computed by dividing the amount of any abatement of taxes
31 under subsection (a) of Section 18-165 of the Property
32 Tax Code by the same percentage rates for district type
33 as specified in this subparagraph (b).
34 (H) Supplemental General State Aid.
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1 (1) In addition to the general State aid a school
2 district is allotted pursuant to subsection (E), qualifying
3 school districts shall receive a grant, paid in conjunction
4 with a district's payments of general State aid, for
5 supplemental general State aid based upon the concentration
6 level of children from low-income households within the
7 school district. Supplemental State aid grants provided for
8 school districts under this subsection shall be appropriated
9 for distribution to school districts as part of the same line
10 item in which the general State financial aid of school
11 districts is appropriated under this Section. For purposes of
12 this subsection, the term "Low-Income Concentration Level"
13 shall be the low-income eligible pupil count from the most
14 recently available federal census divided by the Average
15 Daily Attendance of the school district. If, however, the
16 percentage decrease from the 2 most recent federal censuses
17 in the low-income eligible pupil count of a high school
18 district with fewer than 400 students exceeds by 75% or more
19 the percentage change in the total low-income eligible pupil
20 count of contiguous elementary school districts, whose
21 boundaries are coterminous with the high school district, the
22 high school district's low-income eligible pupil count from
23 the earlier federal census shall be the number used as the
24 low-income eligible pupil count for the high school district,
25 for purposes of this subsection (H).
26 (2) Supplemental general State aid pursuant to this
27 subsection shall be provided as follows:
28 (a) For any school district with a Low Income
29 Concentration Level of at least 20% and less than 35%,
30 the grant for any school year shall be $800 multiplied by
31 the low income eligible pupil count.
32 (b) For any school district with a Low Income
33 Concentration Level of at least 35% and less than 50%,
34 the grant for the 1998-1999 school year shall be $1,100
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1 multiplied by the low income eligible pupil count.
2 (c) For any school district with a Low Income
3 Concentration Level of at least 50% and less than 60%,
4 the grant for the 1998-99 school year shall be $1,500
5 multiplied by the low income eligible pupil count.
6 (d) For any school district with a Low Income
7 Concentration Level of 60% or more, the grant for the
8 1998-99 school year shall be $1,900 multiplied by the low
9 income eligible pupil count.
10 (e) For the 1999-2000 school year, the per pupil
11 amount specified in subparagraphs (b), (c), and (d),
12 immediately above shall be increased by $100 to $1,200,
13 $1,600, and $2,000, respectively.
14 (f) For the 2000-2001 school year, the per pupil
15 amounts specified in subparagraphs (b), (c) and (d)
16 immediately above shall be increased to $1,230, $1,640,
17 and $2,050, respectively.
18 (3) School districts with an Average Daily Attendance of
19 more than 1,000 and less than 50,000 that qualify for
20 supplemental general State aid pursuant to this subsection
21 shall submit a plan to the State Board of Education prior to
22 October 30 of each year for the use of the funds resulting
23 from this grant of supplemental general State aid for the
24 improvement of instruction in which priority is given to
25 meeting the education needs of disadvantaged children. Such
26 plan shall be submitted in accordance with rules and
27 regulations promulgated by the State Board of Education.
28 (4) School districts with an Average Daily Attendance of
29 50,000 or more that qualify for supplemental general State
30 aid pursuant to this subsection shall be required to
31 distribute from funds available pursuant to this Section, no
32 less than $261,000,000 in accordance with the following
33 requirements:
34 (a) The required amounts shall be distributed to
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1 the attendance centers within the district in proportion
2 to the number of pupils enrolled at each attendance
3 center who are eligible to receive free or reduced-price
4 lunches or breakfasts under the federal Child Nutrition
5 Act of 1966 and under the National School Lunch Act
6 during the immediately preceding school year.
7 (b) The distribution of these portions of
8 supplemental and general State aid among attendance
9 centers according to these requirements shall not be
10 compensated for or contravened by adjustments of the
11 total of other funds appropriated to any attendance
12 centers, and the Board of Education shall utilize funding
13 from one or several sources in order to fully implement
14 this provision annually prior to the opening of school.
15 (c) Each attendance center shall be provided by the
16 school district a distribution of noncategorical funds
17 and other categorical funds to which an attendance center
18 is entitled under law in order that the general State aid
19 and supplemental general State aid provided by
20 application of this subsection supplements rather than
21 supplants the noncategorical funds and other categorical
22 funds provided by the school district to the attendance
23 centers.
24 (d) Any funds made available under this subsection
25 that by reason of the provisions of this subsection are
26 not required to be allocated and provided to attendance
27 centers may be used and appropriated by the board of the
28 district for any lawful school purpose.
29 (e) Funds received by an attendance center pursuant
30 to this subsection shall be used by the attendance center
31 at the discretion of the principal and local school
32 council for programs to improve educational opportunities
33 at qualifying schools through the following programs and
34 services: early childhood education, reduced class size
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1 or improved adult to student classroom ratio, enrichment
2 programs, remedial assistance, attendance improvement,
3 and other educationally beneficial expenditures which
4 supplement the regular and basic programs as determined
5 by the State Board of Education. Funds provided shall
6 not be expended for any political or lobbying purposes as
7 defined by board rule.
8 (f) Each district subject to the provisions of this
9 subdivision (H)(4) shall submit an acceptable plan to
10 meet the educational needs of disadvantaged children, in
11 compliance with the requirements of this paragraph, to
12 the State Board of Education prior to July 15 of each
13 year. This plan shall be consistent with the decisions of
14 local school councils concerning the school expenditure
15 plans developed in accordance with part 4 of Section
16 34-2.3. The State Board shall approve or reject the plan
17 within 60 days after its submission. If the plan is
18 rejected, the district shall give written notice of
19 intent to modify the plan within 15 days of the
20 notification of rejection and then submit a modified plan
21 within 30 days after the date of the written notice of
22 intent to modify. Districts may amend approved plans
23 pursuant to rules promulgated by the State Board of
24 Education.
25 Upon notification by the State Board of Education
26 that the district has not submitted a plan prior to July
27 15 or a modified plan within the time period specified
28 herein, the State aid funds affected by that plan or
29 modified plan shall be withheld by the State Board of
30 Education until a plan or modified plan is submitted.
31 If the district fails to distribute State aid to
32 attendance centers in accordance with an approved plan,
33 the plan for the following year shall allocate funds, in
34 addition to the funds otherwise required by this
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1 subsection, to those attendance centers which were
2 underfunded during the previous year in amounts equal to
3 such underfunding.
4 For purposes of determining compliance with this
5 subsection in relation to the requirements of attendance
6 center funding, each district subject to the provisions
7 of this subsection shall submit as a separate document by
8 December 1 of each year a report of expenditure data for
9 the prior year in addition to any modification of its
10 current plan. If it is determined that there has been a
11 failure to comply with the expenditure provisions of this
12 subsection regarding contravention or supplanting, the
13 State Superintendent of Education shall, within 60 days
14 of receipt of the report, notify the district and any
15 affected local school council. The district shall within
16 45 days of receipt of that notification inform the State
17 Superintendent of Education of the remedial or corrective
18 action to be taken, whether by amendment of the current
19 plan, if feasible, or by adjustment in the plan for the
20 following year. Failure to provide the expenditure
21 report or the notification of remedial or corrective
22 action in a timely manner shall result in a withholding
23 of the affected funds.
24 The State Board of Education shall promulgate rules
25 and regulations to implement the provisions of this
26 subsection. No funds shall be released under this
27 subdivision (H)(4) to any district that has not submitted
28 a plan that has been approved by the State Board of
29 Education.
30 (I) General State Aid for Newly Configured School Districts.
31 (1) For a new school district formed by combining
32 property included totally within 2 or more previously
33 existing school districts, for its first year of existence
34 the general State aid and supplemental general State aid
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1 calculated under this Section shall be computed for the new
2 district and for the previously existing districts for which
3 property is totally included within the new district. If the
4 computation on the basis of the previously existing districts
5 is greater, a supplementary payment equal to the difference
6 shall be made for the first 4 years of existence of the new
7 district.
8 (2) For a school district which annexes all of the
9 territory of one or more entire other school districts, for
10 the first year during which the change of boundaries
11 attributable to such annexation becomes effective for all
12 purposes as determined under Section 7-9 or 7A-8, the general
13 State aid and supplemental general State aid calculated under
14 this Section shall be computed for the annexing district as
15 constituted after the annexation and for the annexing and
16 each annexed district as constituted prior to the annexation;
17 and if the computation on the basis of the annexing and
18 annexed districts as constituted prior to the annexation is
19 greater, a supplementary payment equal to the difference
20 shall be made for the first 4 years of existence of the
21 annexing school district as constituted upon such annexation.
22 (3) For 2 or more school districts which annex all of
23 the territory of one or more entire other school districts,
24 and for 2 or more community unit districts which result upon
25 the division (pursuant to petition under Section 11A-2) of
26 one or more other unit school districts into 2 or more parts
27 and which together include all of the parts into which such
28 other unit school district or districts are so divided, for
29 the first year during which the change of boundaries
30 attributable to such annexation or division becomes effective
31 for all purposes as determined under Section 7-9 or 11A-10,
32 as the case may be, the general State aid and supplemental
33 general State aid calculated under this Section shall be
34 computed for each annexing or resulting district as
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1 constituted after the annexation or division and for each
2 annexing and annexed district, or for each resulting and
3 divided district, as constituted prior to the annexation or
4 division; and if the aggregate of the general State aid and
5 supplemental general State aid as so computed for the
6 annexing or resulting districts as constituted after the
7 annexation or division is less than the aggregate of the
8 general State aid and supplemental general State aid as so
9 computed for the annexing and annexed districts, or for the
10 resulting and divided districts, as constituted prior to the
11 annexation or division, then a supplementary payment equal to
12 the difference shall be made and allocated between or among
13 the annexing or resulting districts, as constituted upon such
14 annexation or division, for the first 4 years of their
15 existence. The total difference payment shall be allocated
16 between or among the annexing or resulting districts in the
17 same ratio as the pupil enrollment from that portion of the
18 annexed or divided district or districts which is annexed to
19 or included in each such annexing or resulting district bears
20 to the total pupil enrollment from the entire annexed or
21 divided district or districts, as such pupil enrollment is
22 determined for the school year last ending prior to the date
23 when the change of boundaries attributable to the annexation
24 or division becomes effective for all purposes. The amount
25 of the total difference payment and the amount thereof to be
26 allocated to the annexing or resulting districts shall be
27 computed by the State Board of Education on the basis of
28 pupil enrollment and other data which shall be certified to
29 the State Board of Education, on forms which it shall provide
30 for that purpose, by the regional superintendent of schools
31 for each educational service region in which the annexing and
32 annexed districts, or resulting and divided districts are
33 located.
34 (3.5) Claims for financial assistance under this
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1 subsection (I) shall not be recomputed except as expressly
2 provided under this Section.
3 (4) Any supplementary payment made under this subsection
4 (I) shall be treated as separate from all other payments made
5 pursuant to this Section.
6 (J) Supplementary Grants in Aid.
7 (1) Notwithstanding any other provisions of this
8 Section, the amount of the aggregate general State aid in
9 combination with supplemental general State aid under this
10 Section for which each school district is eligible shall be
11 no less than the amount of the aggregate general State aid
12 entitlement that was received by the district under Section
13 18-8 (exclusive of amounts received under subsections 5(p)
14 and 5(p-5) of that Section) for the 1997-98 school year,
15 pursuant to the provisions of that Section as it was then in
16 effect. If a school district qualifies to receive a
17 supplementary payment made under this subsection (J), the
18 amount of the aggregate general State aid in combination with
19 supplemental general State aid under this Section which that
20 district is eligible to receive for each school year shall be
21 no less than the amount of the aggregate general State aid
22 entitlement that was received by the district under Section
23 18-8 (exclusive of amounts received under subsections 5(p)
24 and 5(p-5) of that Section) for the 1997-1998 school year,
25 pursuant to the provisions of that Section as it was then in
26 effect.
27 (2) If, as provided in paragraph (1) of this subsection
28 (J), a school district is to receive aggregate general State
29 aid in combination with supplemental general State aid under
30 this Section for the 1998-99 school year and any subsequent
31 school year that in any such school year is less than the
32 amount of the aggregate general State aid entitlement that
33 the district received for the 1997-98 school year, the school
34 district shall also receive, from a separate appropriation
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1 made for purposes of this subsection (J), a supplementary
2 payment that is equal to the amount of the difference in the
3 aggregate State aid figures as described in paragraph (1).
4 (3) (Blank).
5 (K) Grants to Laboratory and Alternative Schools.
6 In calculating the amount to be paid to the governing
7 board of a public university that operates a laboratory
8 school under this Section or to any alternative school that
9 is operated by a regional superintendent of schools, the
10 State Board of Education shall require by rule such reporting
11 requirements as it deems necessary.
12 As used in this Section, "laboratory school" means a
13 public school which is created and operated by a public
14 university and approved by the State Board of Education. The
15 governing board of a public university which receives funds
16 from the State Board under this subsection (K) may not
17 increase the number of students enrolled in its laboratory
18 school from a single district, if that district is already
19 sending 50 or more students, except under a mutual agreement
20 between the school board of a student's district of residence
21 and the university which operates the laboratory school. A
22 laboratory school may not have more than 1,000 students,
23 excluding students with disabilities in a special education
24 program.
25 As used in this Section, "alternative school" means a
26 public school which is created and operated by a Regional
27 Superintendent of Schools and approved by the State Board of
28 Education. Such alternative schools may offer courses of
29 instruction for which credit is given in regular school
30 programs, courses to prepare students for the high school
31 equivalency testing program or vocational and occupational
32 training. A regional superintendent of schools may contract
33 with a school district or a public community college district
34 to operate an alternative school. An alternative school
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1 serving more than one educational service region may be
2 established by the regional superintendents of schools of
3 those the affected educational service regions. An
4 alternative school serving more than one educational service
5 region may be operated under such terms as the regional
6 superintendents of schools of those educational service
7 regions may agree.
8 Each laboratory and alternative school shall file, on
9 forms provided by the State Superintendent of Education, an
10 annual State aid claim which states the Average Daily
11 Attendance of the school's students by month. The best 3
12 months' Average Daily Attendance shall be computed for each
13 school. The general State aid entitlement shall be computed
14 by multiplying the applicable Average Daily Attendance by the
15 Foundation Level as determined under this Section.
16 (L) Payments, Additional Grants in Aid and Other
17 Requirements.
18 (1) For a school district operating under the financial
19 supervision of an Authority created under Article 34A, the
20 general State aid otherwise payable to that district under
21 this Section, but not the supplemental general State aid,
22 shall be reduced by an amount equal to the budget for the
23 operations of the Authority as certified by the Authority to
24 the State Board of Education, and an amount equal to such
25 reduction shall be paid to the Authority created for such
26 district for its operating expenses in the manner provided in
27 Section 18-11. The remainder of general State school aid for
28 any such district shall be paid in accordance with Article
29 34A when that Article provides for a disposition other than
30 that provided by this Article.
31 (2) Impaction. Impaction payments shall be made as
32 provided for in Section 18-4.2.
33 (3) Summer school. Summer school payments shall be made
34 as provided in Section 18-4.3.
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1 (M) Education Funding Advisory Board.
2 The Education Funding Advisory Board, hereinafter in this
3 subsection (M) referred to as the "Board", is hereby created.
4 The Board shall consist of 5 members who are appointed by the
5 Governor, by and with the advice and consent of the Senate.
6 The members appointed shall include representatives of
7 education, business, and the general public. One of the
8 members so appointed shall be designated by the Governor at
9 the time the appointment is made as the chairperson of the
10 Board. The initial members of the Board may be appointed any
11 time after the effective date of this amendatory Act of 1997.
12 The regular term of each member of the Board shall be for 4
13 years from the third Monday of January of the year in which
14 the term of the member's appointment is to commence, except
15 that of the 5 initial members appointed to serve on the
16 Board, the member who is appointed as the chairperson shall
17 serve for a term that commences on the date of his or her
18 appointment and expires on the third Monday of January, 2002,
19 and the remaining 4 members, by lots drawn at the first
20 meeting of the Board that is held after all 5 members are
21 appointed, shall determine 2 of their number to serve for
22 terms that commence on the date of their respective
23 appointments and expire on the third Monday of January, 2001,
24 and 2 of their number to serve for terms that commence on the
25 date of their respective appointments and expire on the third
26 Monday of January, 2000. All members appointed to serve on
27 the Board shall serve until their respective successors are
28 appointed and confirmed. Vacancies shall be filled in the
29 same manner as original appointments. If a vacancy in
30 membership occurs at a time when the Senate is not in
31 session, the Governor shall make a temporary appointment
32 until the next meeting of the Senate, when he or she shall
33 appoint, by and with the advice and consent of the Senate, a
34 person to fill that membership for the unexpired term. If
SB746 Enrolled -54- LRB9101254EGfg
1 the Senate is not in session when the initial appointments
2 are made, those appointments shall be made as in the case of
3 vacancies.
4 The Education Funding Advisory Board shall be deemed
5 established, and the initial members appointed by the
6 Governor to serve as members of the Board shall take office,
7 on the date that the Governor makes his or her appointment of
8 the fifth initial member of the Board, whether those initial
9 members are then serving pursuant to appointment and
10 confirmation or pursuant to temporary appointments that are
11 made by the Governor as in the case of vacancies.
12 The State Board of Education shall provide such staff
13 assistance to the Education Funding Advisory Board as is
14 reasonably required for the proper performance by the Board
15 of its responsibilities.
16 For school years after the 2000-2001 school year, the
17 Education Funding Advisory Board, in consultation with the
18 State Board of Education, shall make recommendations as
19 provided in this subsection (M) to the General Assembly for
20 the foundation level under subdivision (B)(3) of this Section
21 and for the supplemental general State aid grant level under
22 subsection (H) of this Section for districts with high
23 concentrations of children from poverty. The recommended
24 foundation level shall be determined based on a methodology
25 which incorporates the basic education expenditures of
26 low-spending schools exhibiting high academic performance.
27 The Education Funding Advisory Board shall make such
28 recommendations to the General Assembly on January 1 of odd
29 numbered years, beginning January 1, 2001.
30 (N) General State Aid Adjustment Grant.
31 (1) Any school district subject to property tax
32 extension limitations as imposed under the provisions of the
33 Property Tax Extension Limitation Law shall be entitled to
34 receive, subject to the qualifications and requirements of
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1 this subsection, a general State aid adjustment grant.
2 Eligibility for this grant shall be determined on an annual
3 basis and claims for grant payments shall be paid subject to
4 appropriations made specific to this subsection. For
5 purposes of this subsection the following terms shall have
6 the following meanings:
7 "Budget Year": The school year for which general State
8 aid is calculated and awarded under subsection (E).
9 "Current Year": The school year immediately preceding
10 the Budget Year.
11 "Base Tax Year": The property tax levy year used to
12 calculate the Budget Year allocation of general State aid.
13 "Preceding Tax Year": The property tax levy year
14 immediately preceding the Base Tax Year.
15 "Extension Limitation Ratio": A numerical ratio,
16 certified by a school district's County Clerk, in which the
17 numerator is the Base Tax Year's tax extension amount
18 resulting from the Limiting Rate and the denominator is the
19 Preceding Tax Year's tax extension amount resulting from the
20 Limiting Rate.
21 "Limiting Rate": The limiting rate as defined in the
22 Property Tax Extension Limitation Law.
23 "Preliminary Tax Rate": The tax rate for all purposes
24 except bond and interest that would have been used to extend
25 those taxes absent the provisions of the Property Tax
26 Extension Limitation Law.
27 (2) To qualify for a general State aid adjustment grant,
28 a school district must meet all of the following eligibility
29 criteria for each Budget Year for which a grant is claimed:
30 (a) (Blank).
31 (b) The Preliminary Tax Rate of the school district
32 for the Base Tax Year was reduced by the Clerk of the
33 County as a result of the requirements of the Property
34 Tax Extension Limitation Law.
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1 (c) The Available Local Resources per pupil of the
2 school district as calculated pursuant to subsection (D)
3 using the Base Tax Year are less than the product of 1.75
4 times the Foundation Level for the Budget Year.
5 (d) The school district has filed a proper and
6 timely claim for a general State aid adjustment grant as
7 required under this subsection.
8 (3) A claim for grant assistance under this subsection
9 shall be filed with the State Board of Education on or before
10 April 1 of the Current Year for a grant for the Budget Year.
11 The claim shall be made on forms prescribed by the State
12 Board of Education and must be accompanied by a written
13 statement from the Clerk of the County, certifying:
14 (a) That the school district had its Preliminary
15 Tax Rate for the Base Tax Year reduced as a result of the
16 Property Tax Extension Limitation Law.
17 (b) (Blank).
18 (c) The Extension Limitation Ratio as that term is
19 defined in this subsection.
20 (4) On or before August 1 of the Budget Year the State
21 Board of Education shall calculate, for all school districts
22 meeting the other requirements of this subsection, the amount
23 of the general State aid adjustment grant, if any, that the
24 school districts are eligible to receive in the Budget Year.
25 The amount of the general State aid adjustment grant shall be
26 calculated as follows:
27 (a) Determine the school district's general State
28 aid grant for the Budget Year as provided in accordance
29 with the provisions of subsection (E).
30 (b) Determine the school district's adjusted level
31 of general State aid by utilizing in the calculation of
32 Available Local Resources the equalized assessed
33 valuation that was used to calculate the general State
34 aid for the preceding fiscal year multiplied by the
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1 Extension Limitation Ratio.
2 (c) Subtract the sum derived in subparagraph (a)
3 from the sum derived in subparagraph (b). If the result
4 is a positive number, that amount shall be the general
5 State aid adjustment grant that the district is eligible
6 to receive.
7 (5) The State Board of Education shall in the Current
8 Year, based upon claims filed in the Current Year, recommend
9 to the General Assembly an appropriation amount for the
10 general State aid adjustment grants to be made in the Budget
11 Year.
12 (6) Claims for general State aid adjustment grants shall
13 be paid in a lump sum on or before January 1 of the Budget
14 Year only from appropriations made by the General Assembly
15 expressly for claims under this subsection. No such claims
16 may be paid from amounts appropriated for any other purpose
17 provided for under this Section. In the event that the
18 appropriation for claims under this subsection is
19 insufficient to meet all Budget Year claims for a general
20 State aid adjustment grant, the appropriation available shall
21 be proportionately prorated by the State Board of Education
22 amongst all districts filing for and entitled to payments.
23 (7) The State Board of Education shall promulgate the
24 required claim forms and rules necessary to implement the
25 provisions of this subsection.
26 (O) References.
27 (1) References in other laws to the various subdivisions
28 of Section 18-8 as that Section existed before its repeal and
29 replacement by this Section 18-8.05 shall be deemed to refer
30 to the corresponding provisions of this Section 18-8.05, to
31 the extent that those references remain applicable.
32 (2) References in other laws to State Chapter 1 funds
33 shall be deemed to refer to the supplemental general State
34 aid provided under subsection (H) of this Section.
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1 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
2 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
3 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised
4 2-17-99.)
5 Section 35. The Currency Exchange Act is amended by
6 renumbering Section .1 as follows:
7 (205 ILCS 405/0.1)
8 Sec. 0.1. .1. Short Title. This Act shall be known and
9 may be cited as the Currency Exchange Act.
10 (Source: P.A. 86-432; revised 3-16-99.)
11 Section 40. The Illinois Public Aid Code is amended by
12 changing Section 5-5.02 as follows:
13 (305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02)
14 Sec. 5-5.02. Hospital reimbursements.
15 (a) Reimbursement to Hospitals; July 1, 1992 through
16 September 30, 1992. Notwithstanding any other provisions of
17 this Code or the Illinois Department's Rules promulgated
18 under the Illinois Administrative Procedure Act,
19 reimbursement to hospitals for services provided during the
20 period July 1, 1992 through September 30, 1992, shall be as
21 follows:
22 (1) For inpatient hospital services rendered, or if
23 applicable, for inpatient hospital discharges occurring,
24 on or after July 1, 1992 and on or before September 30,
25 1992, the Illinois Department shall reimburse hospitals
26 for inpatient services under the reimbursement
27 methodologies in effect for each hospital, and at the
28 inpatient payment rate calculated for each hospital, as
29 of June 30, 1992. For purposes of this paragraph,
30 "reimbursement methodologies" means all reimbursement
SB746 Enrolled -59- LRB9101254EGfg
1 methodologies that pertain to the provision of inpatient
2 hospital services, including, but not limited to, any
3 adjustments for disproportionate share, targeted access,
4 critical care access and uncompensated care, as defined
5 by the Illinois Department on June 30, 1992.
6 (2) For the purpose of calculating the inpatient
7 payment rate for each hospital eligible to receive
8 quarterly adjustment payments for targeted access and
9 critical care, as defined by the Illinois Department on
10 June 30, 1992, the adjustment payment for the period July
11 1, 1992 through September 30, 1992, shall be 25% of the
12 annual adjustment payments calculated for each eligible
13 hospital, as of June 30, 1992. The Illinois Department
14 shall determine by rule the adjustment payments for
15 targeted access and critical care beginning October 1,
16 1992.
17 (3) For the purpose of calculating the inpatient
18 payment rate for each hospital eligible to receive
19 quarterly adjustment payments for uncompensated care, as
20 defined by the Illinois Department on June 30, 1992, the
21 adjustment payment for the period August 1, 1992 through
22 September 30, 1992, shall be one-sixth of the total
23 uncompensated care adjustment payments calculated for
24 each eligible hospital for the uncompensated care rate
25 year, as defined by the Illinois Department, ending on
26 July 31, 1992. The Illinois Department shall determine
27 by rule the adjustment payments for uncompensated care
28 beginning October 1, 1992.
29 (b) Inpatient payments. For inpatient services provided
30 on or after October 1, 1993, in addition to rates paid for
31 hospital inpatient services pursuant to the Illinois Health
32 Finance Reform Act, as now or hereafter amended, or the
33 Illinois Department's prospective reimbursement methodology,
34 or any other methodology used by the Illinois Department for
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1 inpatient services, the Illinois Department shall make
2 adjustment payments, in an amount calculated pursuant to the
3 methodology described in paragraph (c) of this Section, to
4 hospitals that the Illinois Department determines satisfy any
5 one of the following requirements:
6 (1) Hospitals that are described in Section 1923 of
7 the federal Social Security Act, as now or hereafter
8 amended; or
9 (2) Illinois hospitals that have a Medicaid
10 inpatient utilization rate which is at least one-half a
11 standard deviation above the mean Medicaid inpatient
12 utilization rate for all hospitals in Illinois receiving
13 Medicaid payments from the Illinois Department; or
14 (3) Illinois hospitals that on July 1, 1991 had a
15 Medicaid inpatient utilization rate, as defined in
16 paragraph (h) (f) of this Section, that was at least the
17 mean Medicaid inpatient utilization rate for all
18 hospitals in Illinois receiving Medicaid payments from
19 the Illinois Department and which were located in a
20 planning area with one-third or fewer excess beds as
21 determined by the Illinois Health Facilities Planning
22 Board, and that, as of June 30, 1992, were located in a
23 federally designated Health Manpower Shortage Area; or
24 (4) Illinois hospitals that:
25 (A) have a Medicaid inpatient utilization rate
26 that is at least equal to the mean Medicaid
27 inpatient utilization rate for all hospitals in
28 Illinois receiving Medicaid payments from the
29 Department; and
30 (B) also have a Medicaid obstetrical inpatient
31 utilization rate that is at least one standard
32 deviation above the mean Medicaid obstetrical
33 inpatient utilization rate for all hospitals in
34 Illinois receiving Medicaid payments from the
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1 Department for obstetrical services; or
2 (5) Any children's hospital, which means a hospital
3 devoted exclusively to caring for children. A hospital
4 which includes a facility devoted exclusively to caring
5 for children that is separately licensed as a hospital by
6 a municipality prior to September 30, 1998 shall be
7 considered a children's hospital to the degree that the
8 hospital's Medicaid care is provided to children.
9 (c) Inpatient adjustment payments. The adjustment
10 payments required by paragraph (b) shall be calculated based
11 upon the hospital's Medicaid inpatient utilization rate as
12 follows:
13 (1) hospitals with a Medicaid inpatient utilization
14 rate below the mean shall receive a per day adjustment
15 payment equal to $25;
16 (2) hospitals with a Medicaid inpatient
17 utilization rate that is equal to or greater than the
18 mean Medicaid inpatient utilization rate but less than
19 one standard deviation above the mean Medicaid inpatient
20 utilization rate shall receive a per day adjustment
21 payment equal to the sum of $25 plus $1 for each one
22 percent that the hospital's Medicaid inpatient
23 utilization rate exceeds the mean Medicaid inpatient
24 utilization rate;
25 (3) hospitals with a Medicaid inpatient
26 utilization rate that is equal to or greater than one
27 standard deviation above the mean Medicaid inpatient
28 utilization rate but less than 1.5 standard deviations
29 above the mean Medicaid inpatient utilization rate shall
30 receive a per day adjustment payment equal to the sum of
31 $40 plus $7 for each one percent that the hospital's
32 Medicaid inpatient utilization rate exceeds one standard
33 deviation above the mean Medicaid inpatient utilization
34 rate; and
SB746 Enrolled -62- LRB9101254EGfg
1 (4) hospitals with a Medicaid inpatient
2 utilization rate that is equal to or greater than 1.5
3 standard deviations above the mean Medicaid inpatient
4 utilization rate shall receive a per day adjustment
5 payment equal to the sum of $90 plus $2 for each one
6 percent that the hospital's Medicaid inpatient
7 utilization rate exceeds 1.5 standard deviations above
8 the mean Medicaid inpatient utilization rate.
9 (d) Supplemental adjustment payments. In addition to
10 the adjustment payments described in paragraph (c), hospitals
11 as defined in clauses (1) through (5) of paragraph (b),
12 excluding county hospitals (as defined in subsection (c) of
13 Section 15-1 of this Code) and a hospital organized under the
14 University of Illinois Hospital Act, shall be paid
15 supplemental inpatient adjustment payments of $60 per day.
16 For purposes of Title XIX of the federal Social Security Act,
17 these supplemental adjustment payments shall not be
18 classified as adjustment payments to disproportionate share
19 hospitals.
20 (e) The inpatient adjustment payments described in
21 paragraphs (c) and (d) shall be increased on October 1, 1993
22 and annually thereafter by a percentage equal to the lesser
23 of (i) the increase in the DRI hospital cost index for the
24 most recent 12 month period for which data are available, or
25 (ii) the percentage increase in the statewide average
26 hospital payment rate over the previous year's statewide
27 average hospital payment rate. The sum of the inpatient
28 adjustment payments under paragraphs (c) and (d) to a
29 hospital, other than a county hospital (as defined in
30 subsection (c) of Section 15-1 of this Code) or a hospital
31 organized under the University of Illinois Hospital Act,
32 however, shall not exceed $275 per day; that limit shall be
33 increased on October 1, 1993 and annually thereafter by a
34 percentage equal to the lesser of (i) the increase in the DRI
SB746 Enrolled -63- LRB9101254EGfg
1 hospital cost index for the most recent 12-month period for
2 which data are available or (ii) the percentage increase in
3 the statewide average hospital payment rate over the previous
4 year's statewide average hospital payment rate.
5 (f) Children's hospital inpatient adjustment payments.
6 For children's hospitals, as defined in clause (5) of
7 paragraph (b), the adjustment payments required pursuant to
8 paragraphs (c) and (d) shall be multiplied by 2.0.
9 (g) County hospital inpatient adjustment payments. For
10 county hospitals, as defined in subsection (c) of Section
11 15-1 of this Code, there shall be an adjustment payment as
12 determined by rules issued by the Illinois Department.
13 (h) For the purposes of this Section the following
14 terms shall be defined as follows:
15 (1) "Medicaid inpatient utilization rate" means a
16 fraction, the numerator of which is the number of a
17 hospital's inpatient days provided in a given 12-month
18 period to patients who, for such days, were eligible for
19 Medicaid under Title XIX of the federal Social Security
20 Act, and the denominator of which is the total number of
21 the hospital's inpatient days in that same period.
22 (2) "Mean Medicaid inpatient utilization rate"
23 means the total number of Medicaid inpatient days
24 provided by all Illinois Medicaid-participating hospitals
25 divided by the total number of inpatient days provided by
26 those same hospitals.
27 (3) "Medicaid obstetrical inpatient utilization
28 rate" means the ratio of Medicaid obstetrical inpatient
29 days to total Medicaid inpatient days for all Illinois
30 hospitals receiving Medicaid payments from the Illinois
31 Department.
32 (i) Inpatient adjustment payment limit. In order to
33 meet the limits of Public Law 102-234 and Public Law 103-66,
34 the Illinois Department shall by rule adjust disproportionate
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1 share adjustment payments.
2 (j) University of Illinois Hospital inpatient adjustment
3 payments. For hospitals organized under the University of
4 Illinois Hospital Act, there shall be an adjustment payment
5 as determined by rules adopted by the Illinois Department.
6 (k) The Illinois Department may by rule establish
7 criteria for and develop methodologies for adjustment
8 payments to hospitals participating under this Article.
9 (Source: P.A. 89-21, eff. 7-1-95; 90-588, eff. 7-1-98;
10 revised 3-16-99.)
11 Section 45. The Elder Abuse and Neglect Act is amended
12 by changing Section 2 as follows:
13 (320 ILCS 20/2) (from Ch. 23, par. 6602)
14 Sec. 2. Definitions. As used in this Act, unless the
15 context requires otherwise:
16 (a) "Abuse" means causing any physical, mental or sexual
17 injury to an eligible adult, including exploitation of such
18 adult's financial resources.
19 Nothing in this Act shall be construed to mean that an
20 eligible adult is a victim of abuse or neglect for the sole
21 reason that he or she is being furnished with or relies upon
22 treatment by spiritual means through prayer alone, in
23 accordance with the tenets and practices of a recognized
24 church or religious denomination.
25 Nothing in this Act shall be construed to mean that an
26 eligible adult is a victim of abuse because of health care
27 services provided or not provided by licensed health care
28 professionals.
29 (a-5) "Abuser" means a person who abuses, neglects, or
30 financially exploits an eligible adult.
31 (a-7) "Caregiver" means a person who either as a result
32 of a family relationship, voluntarily, or in exchange for
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1 compensation has assumed responsibility for all or a portion
2 of the care of an eligible adult who needs assistance with
3 activities of daily living.
4 (b) "Department" means the Department on Aging of the
5 State of Illinois.
6 (c) "Director" means the Director of the Department.
7 (d) "Domestic living situation" means a residence where
8 the eligible adult lives alone or with his or her family or a
9 caregiver, or others, or a board and care home or other
10 community-based unlicensed facility, but is not:
11 (1) A licensed facility as defined in Section 1-113
12 of the Nursing Home Care Act;
13 (2) A "life care facility" as defined in the Life
14 Care Facilities Act;
15 (3) A home, institution, or other place operated by
16 the federal government or agency thereof or by the State
17 of Illinois;
18 (4) A hospital, sanitarium, or other institution,
19 the principal activity or business of which is the
20 diagnosis, care, and treatment of human illness through
21 the maintenance and operation of organized facilities
22 therefor, which is required to be licensed under the
23 Hospital Licensing Act;
24 (5) A "community living facility" as defined in the
25 Community Living Facilities Licensing Act;
26 (6) A "community residential alternative" as
27 defined in the Community Residential Alternatives
28 Licensing Act; and
29 (7) A "community-integrated living arrangement" as
30 defined in the Community-Integrated Living Arrangements
31 Licensure and Certification Act.
32 (e) "Eligible adult" means a person 60 years of age or
33 older who resides in a domestic living situation and is, or
34 is alleged to be, abused, neglected, or financially exploited
SB746 Enrolled -66- LRB9101254EGfg
1 by another individual.
2 (f) "Emergency" means a situation in which an eligible
3 adult is living in conditions presenting a risk of death or
4 physical, mental or sexual injury and the provider agency has
5 reason to believe the eligible adult is unable to consent to
6 services which would alleviate that risk.
7 (f-5) "Mandated reporter" means any of the following
8 persons while engaged in carrying out their professional
9 duties:
10 (1) a professional or professional's delegate while
11 engaged in: (i) social services, (ii) law enforcement,
12 (iii) education, (iv) the care of an eligible adult or
13 eligible adults, or (v) any of the occupations required
14 to be licensed under the Clinical Psychologist Licensing
15 Act, the Clinical Social Work and Social Work Practice
16 Act, the Illinois Dental Practice Act, the Dietetic and
17 Nutrition Services Practice Act, the Marriage and Family
18 Therapy Licensing Act, the Medical Practice Act of 1987,
19 the Naprapathic Practice Act, the Illinois Nursing and
20 Advanced Practice Nursing Act of 1987, the Nursing Home
21 Administrators Licensing and Disciplinary Act, the
22 Illinois Occupational Therapy Practice Act, the Illinois
23 Optometric Practice Act of 1987, the Pharmacy Practice
24 Act of 1987, the Illinois Physical Therapy Act, the
25 Physician Assistant Practice Act of 1987, the Podiatric
26 Medical Practice Act of 1987, the Professional Counselor
27 and Clinical Professional Counselor Licensing Act, the
28 Illinois Speech-Language Pathology and Audiology Practice
29 Act, the Veterinary Medicine and Surgery Practice Act of
30 1994, and the Illinois Public Accounting Act;
31 (2) an employee of a vocational rehabilitation
32 facility prescribed or supervised by the Department of
33 Human Services;
34 (3) an administrator, employee, or person providing
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1 services in or through an unlicensed community based
2 facility;
3 (4) a Christian Science Practitioner;
4 (5) field personnel of the Department of Public
5 Aid, Department of Public Health, and Department of Human
6 Services, and any county or municipal health department;
7 (6) personnel of the Department of Human Services,
8 the Guardianship and Advocacy Commission, the State Fire
9 Marshal, local fire departments, the Department on Aging
10 and its subsidiary Area Agencies on Aging and provider
11 agencies, and the Office of State Long Term Care
12 Ombudsman;
13 (7) any employee of the State of Illinois not
14 otherwise specified herein who is involved in providing
15 services to eligible adults, including professionals
16 providing medical or rehabilitation services and all
17 other persons having direct contact with eligible adults;
18 or
19 (8) (9) a person who performs the duties of a
20 coroner or medical examiner.
21 (g) "Neglect" means another individual's failure to
22 provide an eligible adult with or willful withholding from an
23 eligible adult the necessities of life including, but not
24 limited to, food, clothing, shelter or medical care. This
25 subsection does not create any new affirmative duty to
26 provide support to eligible adults. Nothing in this Act
27 shall be construed to mean that an eligible adult is a victim
28 of neglect because of health care services provided or not
29 provided by licensed health care professionals.
30 (h) "Provider agency" means any public or nonprofit
31 agency in a planning and service area appointed by the
32 regional administrative agency with prior approval by the
33 Department on Aging to receive and assess reports of alleged
34 or suspected abuse, neglect, or financial exploitation.
SB746 Enrolled -68- LRB9101254EGfg
1 (i) "Regional administrative agency" means any public or
2 nonprofit agency in a planning and service area so designated
3 by the Department, provided that the designated Area Agency
4 on Aging shall be designated the regional administrative
5 agency if it so requests. The Department shall assume the
6 functions of the regional administrative agency for any
7 planning and service area where another agency is not so
8 designated.
9 (j) "Substantiated case" means a reported case of
10 alleged or suspected abuse, neglect, or financial
11 exploitation in which a provider agency, after assessment,
12 determines that there is reason to believe abuse, neglect, or
13 financial exploitation has occurred.
14 (Source: P.A. 90-628, eff. 1-1-99; revised 3-1-99.)
15 Section 50. The Senior Citizens and Disabled Persons
16 Property Tax Relief and Pharmaceutical Assistance Act is
17 amended by changing Section 5 as follows:
18 (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
19 Sec. 5. Procedure.
20 (a) In general. Claims must be filed after January 1,
21 on forms prescribed by the Department. No claim may be filed
22 more than one year after December 31 of the year for which
23 the claim is filed except that claims for 1976 may be filed
24 until December 31, 1978. The pharmaceutical assistance
25 identification card provided for in subsection (f) (g) of
26 Section 4 shall be valid for a period not to exceed one year.
27 (b) Claim is Personal. The right to file a claim under
28 this Act shall be personal to the claimant and shall not
29 survive his death, but such right may be exercised on behalf
30 of a claimant by his legal guardian or attorney-in-fact. If
31 a claimant dies after having filed a timely claim, the amount
32 thereof shall be disbursed to his surviving spouse or, if no
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1 spouse survives, to his surviving dependent minor children in
2 equal parts, provided the spouse or child, as the case may
3 be, resided with the claimant at the time he filed his claim.
4 If at the time of disbursement neither the claimant nor his
5 spouse is surviving, and no dependent minor children of the
6 claimant are surviving the amount of the claim shall escheat
7 to the State.
8 (c) One claim per household. Only one member of a
9 household may file a claim under this Act in any calendar
10 year; where both members of a household are otherwise
11 entitled to claim a grant under this Act, they must agree as
12 to which of them will file a claim for that year.
13 (d) Content of application form. The form prescribed by
14 the Department for purposes of paragraph (a) shall include a
15 table, appropriately keyed to the parts of the form on which
16 the claimant is required to furnish information, which will
17 enable the claimant to determine readily the approximate
18 amount of grant to which he is entitled by relating levels of
19 household income to property taxes accrued or rent
20 constituting property taxes accrued.
21 (e) Pharmaceutical Assistance Procedures. The
22 Department shall establish the form and manner for
23 application, and establish by January 1, 1986 a procedure to
24 enable persons to apply for the additional grant or for the
25 pharmaceutical assistance identification card on the same
26 application form.
27 (Source: P.A. 83-1531; revised 3-16-99.)
28 Section 55. The Motor Vehicle Franchise Act is amended
29 by changing Section 13 as follows:
30 (815 ILCS 710/13) (from Ch. 121 1/2, par. 763)
31 Sec. 13. Damages; equitable relief. Any franchisee or
32 motor vehicle dealer who suffers any loss of money or
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1 property, real or personal, as a result of the use or
2 employment by a manufacturer, wholesaler, distributor,
3 distributor branch or division, factory branch or division,
4 wholesale branch or division, or any agent, servant or
5 employee thereof, of an unfair method of competition or an
6 unfair or deceptive act or practice declared unlawful by this
7 Act may bring an action for damages and equitable relief,
8 including injunctive relief. Where the misconduct is willful
9 or wanton, the court may award treble damages. A motor
10 vehicle dealer, if it has not suffered any loss of money or
11 property, may obtain permanent equitable relief if it can be
12 shown that the unfair act or practice may have the effect of
13 causing such loss of money or property. Where the franchisee
14 or dealer substantially prevails the court or arbitration
15 panel or Motor Vehicle Review Board shall award attorney's
16 fees and assess costs against the opposing party. Moreover,
17 for the purposes of the award of attorney's fees and costs
18 whenever the franchisee or dealer is seeking injunctive or
19 other relief, the franchisee or dealer may be considered to
20 have prevailed when a judgment is entered in its favor, when
21 a final administrative decision is entered in its favor and
22 affirmed, if subject to judicial review, when a consent order
23 is entered into, or when the manufacturer, distributor,
24 wholesaler, distributor branch or division, factory factor
25 branch or division, wholesale branch or division, or any
26 officer, agent or other representative thereof ceases the
27 conduct, act or practice which is alleged to be in violation
28 of any Section of this Act.
29 (Source: P.A. 89-145, eff. 7-14-95; revised 3-16-99.)
30 Section 990. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
SB746 Enrolled -71- LRB9101254EGfg
1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 995. No revival or extension. This Act does not
5 revive or extend any Section or Act otherwise repealed.
6 Section 999. Effective date. This Act takes effect upon
7 becoming law.
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