Full Text of SB1704 96th General Assembly
SB1704sam001 96TH GENERAL ASSEMBLY
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Sen. Mattie Hunter
Filed: 3/6/2009
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
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| AMENDMENT TO SENATE BILL 1704
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| AMENDMENT NO. ______. Amend Senate Bill 1704 on page 1, | 3 |
| line 4, after "TITLE", by inserting ", PRIOR LAW,"; and
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| on page 1, after line 6, by inserting the following: | 5 |
| "Section 1-101.05. Prior law. | 6 |
| (a) This Act provides for licensure of intermediate
care | 7 |
| facilities for the developmentally disabled and long-term
care | 8 |
| for under age 22 facilities under this Act instead of under the | 9 |
| Nursing Home Care Act. On and after the effective date of this | 10 |
| Act, those facilities shall be governed by this Act instead of | 11 |
| the Nursing Home Care Act. | 12 |
| (b) If any other Act of the General Assembly changes, adds, | 13 |
| or repeals a provision of the Nursing Home Care Act that is the | 14 |
| same as or substantially similar to a provision of this Act, | 15 |
| then that change, addition, or repeal in the Nursing Home Care | 16 |
| Act shall be construed together with this Act. |
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| (c) Nothing in this Act affects the validity or effect of | 2 |
| any finding, decision, or action made or taken by the | 3 |
| Department or the Director under the Nursing Home Care Act | 4 |
| before the effective date of this Act with respect to a | 5 |
| facility subject to licensure under this Act. That finding, | 6 |
| decision, or action shall continue to apply to the facility on | 7 |
| and after the effective date of this Act. Any finding, | 8 |
| decision, or action with respect to the facility made or taken | 9 |
| on or after the effective date of this Act shall be made or | 10 |
| taken as provided in this Act."; and | 11 |
| on page 8, lines 8 and 18, by replacing "his" each time it | 12 |
| appears with "his or her"; and | 13 |
| on page 10, line 20, by replacing "his" with "his or her"; and | 14 |
| on page 11, lines 8, 9, 13, and 14, by replacing "his" each | 15 |
| time it appears with "his or her"; and | 16 |
| on page 11, line 8, by replacing "he" with "he or she"; and | 17 |
| on page 12, lines 8, 13, 18, 19, and 20, by replacing "his" | 18 |
| each time it appears with "his or her"; and | 19 |
| on page 13, line 20, by replacing "his" each time it appears | 20 |
| with "his or her"; and |
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| on page 14, line 20, by replacing "his" with "his or her"; and | 2 |
| on page 14, line 24, by replacing "his" with "the resident's"; | 3 |
| and | 4 |
| on page 19, line 13, by replacing "his" with "his or her"; and | 5 |
| on page 20, line 24, by replacing "his" with "the resident's"; | 6 |
| and | 7 |
| on page 22, line 12, by replacing "himself" with "himself or | 8 |
| herself"; and | 9 |
| on page 23, line 6, by replacing "he" with "he or she"; and | 10 |
| on page 23, lines 7, 10, and 11, by replacing "his" each time | 11 |
| it appears with "his or her"; and | 12 |
| on page 23, line 16, by replacing "himself" with "himself or | 13 |
| herself"; and | 14 |
| on page 26, line 3, by replacing "his" with "his or her"; and | 15 |
| on page 27, line 13, by replacing "his" with "his or her"; and |
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| on page 29, lines 2 and 20, by replacing "he" each time it | 2 |
| appears with "he or she"; and | 3 |
| on page 29, line 26, by replacing "his" with "his or her"; and | 4 |
| on page 30, line 9, by replacing "his" with "his or her"; and | 5 |
| on page 32, lines 7 and 13, by replacing "his" each time it | 6 |
| appears with "his or her"; and | 7 |
| on page 39, line 6, by replacing "him" with "him or her"; and | 8 |
| on page 42, line 14, by replacing "he" with "he or she"; and | 9 |
| on page 49, line 21, by replacing "he" with "he or she"; and | 10 |
| on page 60, line 21, by replacing "." with ";"; and | 11 |
| on page 70, line 14, by replacing "his" with "his or her"; and | 12 |
| on page 76, lines 3 and 21, by replacing "denote" each time it | 13 |
| appears with "designate"; and | 14 |
| on page 89, lines 7 and 20, by replacing "his" each time it | 15 |
| appears with "his or her"; and |
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| on page 89, line 9, by replacing "he" with "the Director or his | 2 |
| or her designee"; and | 3 |
| on page 100, line 20, by replacing "he" with "the Director"; | 4 |
| and | 5 |
| on page 109, line 12, after "Program", by inserting "under | 6 |
| Article V of the Illinois Public Aid Code"; and | 7 |
| on page 113, line 13, by replacing "Title XIX" with "assistance | 8 |
| under Title XIX of the Social Security Act"; and | 9 |
| on page 114, line 19, by replacing "his" with "his or her"; and | 10 |
| on page 116, lines 2 and 3, by replacing "Title XIX recipients" | 11 |
| with "recipients of assistance under Title XIX of the Social | 12 |
| Security Act"; and | 13 |
| on page 128, line 11, by replacing "he" with "he or she"; and | 14 |
| on page 135, line 5, by replacing "his" with "his or her"; and | 15 |
| on page 141, line 15, by replacing "his" with "his or her"; and | 16 |
| on page 144, line 4, by replacing "his" with "his or her"; and |
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| on page 148, after line 3, by inserting the following: | 2 |
| "Section 3-801.05. Rules adopted under prior law. The | 3 |
| Department shall adopt rules to implement the changes | 4 |
| concerning licensure of facilities under this Act instead of | 5 |
| under the Nursing Home Care Act. Until the Department adopts | 6 |
| those rules, the rules adopted under the Nursing Home Care Act | 7 |
| that apply to facilities subject to licensure under this Act | 8 |
| shall continue to apply to those facilities."; and | 9 |
| on page 151, after line 13, by inserting the following: | 10 |
| "Section 90-2. The Election Code is amended by changing | 11 |
| Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4, | 12 |
| 19-12.1, and 19-12.2 as follows:
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| (10 ILCS 5/3-3) (from Ch. 46, par. 3-3)
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| Sec. 3-3.
Every honorably discharged soldier or sailor who | 15 |
| is an
inmate of any soldiers' and sailors' home within the | 16 |
| State of Illinois or
any person who is a resident of a facility | 17 |
| licensed or certified pursuant to the
Nursing Home Care Act or | 18 |
| the MR/DD Community Care Act
for 30 days or longer, and who is | 19 |
| a citizen of the United States and has
resided in this State | 20 |
| and in the election district 30 days next
preceding any | 21 |
| election shall be entitled to vote in the election
district in | 22 |
| which any such home in which he is an
inmate or resident is |
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| located, for all officers that now are or hereafter may be
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| elected by the people, and upon all questions that may be | 3 |
| submitted to
the vote of the people: Provided, that he shall | 4 |
| declare upon oath, that it
was his bona fide intention at the | 5 |
| time he entered said home to become a
resident thereof.
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| (Source: P.A. 86-820.)
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| (10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
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| Sec. 4-6.3.
The county clerk may establish a temporary | 9 |
| place of registration
for such times and at such locations | 10 |
| within the county as the county clerk
may select. However, no | 11 |
| temporary place of registration may be
in operation during the | 12 |
| 27 days preceding an election. Notice
of the time and place
of | 13 |
| registration under this Section shall be published by the | 14 |
| county
clerk in a newspaper
having a general circulation in the | 15 |
| county not less than 3 nor
more than 15 days before the holding | 16 |
| of such registration.
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| Temporary places of registration shall be established so
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| that the areas of concentration of population or use by the | 19 |
| public are served,
whether by
facilities provided in places of | 20 |
| private business or in public buildings
or in mobile units. | 21 |
| Areas which may be designated as temporary places of
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| registration include, but are not limited to, facilities | 23 |
| licensed or certified
pursuant to the Nursing Home Care Act or | 24 |
| the MR/DD Community Care Act , Soldiers' and Sailors'
Homes, | 25 |
| shopping centers, business districts, public buildings and |
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| county fairs.
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| Temporary places of registration shall be available to the
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| public not less than 2 hours per year for each 1,000 population | 4 |
| or
fraction thereof in the county.
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| All temporary places of registration shall be manned by | 6 |
| deputy county
clerks or deputy registrars appointed pursuant to | 7 |
| Section 4-6.2.
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| (Source: P.A. 92-816, eff. 8-21-02.)
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| (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
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| Sec. 4-10.
Except as herein provided, no person shall be | 11 |
| registered,
unless he applies in person to a registration | 12 |
| officer, answers such
relevant questions as may be asked of him | 13 |
| by the registration officer,
and executes the affidavit of | 14 |
| registration. The registration officer shall
require the | 15 |
| applicant to furnish two forms of identification, and except in | 16 |
| the
case of a homeless individual, one of which must include | 17 |
| his or her residence
address. These forms of identification | 18 |
| shall include, but not be limited to,
any of the following: | 19 |
| driver's license, social security card, public aid
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| identification card, utility bill, employee or student | 21 |
| identification card,
credit card, or a civic, union or | 22 |
| professional association membership card.
The registration | 23 |
| officer shall require a homeless individual to furnish
evidence | 24 |
| of his or her use of the mailing address stated. This use may | 25 |
| be
demonstrated by a piece of mail addressed to that individual |
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| and received at
that address or by a statement from a person | 2 |
| authorizing use of the mailing
address. The registration | 3 |
| officer shall require each applicant for
registration to read | 4 |
| or have read to him the affidavit of registration
before | 5 |
| permitting him to execute the affidavit.
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| One of the registration officers or a deputy registration | 7 |
| officer,
county clerk, or clerk in the office of the county | 8 |
| clerk, shall
administer to all persons who shall personally | 9 |
| apply to register the
following oath or affirmation:
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| "You do solemnly swear (or affirm) that you will fully and | 11 |
| truly
answer all such questions as shall be put to you touching | 12 |
| your name,
place of residence, place of birth, your | 13 |
| qualifications as an elector
and your right as such to register | 14 |
| and vote under the laws of the State
of Illinois."
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| The registration officer shall satisfy himself that each | 16 |
| applicant
for registration is qualified to register before | 17 |
| registering him. If the
registration officer has reason to | 18 |
| believe that the applicant is a resident
of a Soldiers' and | 19 |
| Sailors' Home or any facility which is licensed or certified
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| pursuant to the Nursing Home Care Act or the MR/DD Community | 21 |
| Care Act , the following question shall be put,
"When you | 22 |
| entered the home which is your present address, was it your | 23 |
| bona
fide intention to become a resident thereof?" Any voter of | 24 |
| a township, city,
village or incorporated town in which such | 25 |
| applicant resides, shall be
permitted to be present at the | 26 |
| place of any precinct registration and shall
have the right to |
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| challenge any applicant who applies to be registered.
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| In case the officer is not satisfied that the applicant is | 3 |
| qualified
he shall forthwith notify such applicant in writing | 4 |
| to appear before the
county clerk to complete his registration. | 5 |
| Upon the card of such
applicant shall be written the word | 6 |
| "incomplete" and no such applicant
shall be permitted to vote | 7 |
| unless such registration is satisfactorily
completed as | 8 |
| hereinafter provided. No registration shall be taken and
marked | 9 |
| as incomplete if information to complete it can be furnished on
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| the date of the original application.
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| Any person claiming to be an elector in any election | 12 |
| precinct and
whose registration card is marked "Incomplete" may | 13 |
| make and sign an
application in writing, under oath, to the | 14 |
| county clerk in substance in
the following form:
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| "I do solemnly swear that I, ...., did on (insert date) | 16 |
| make
application to the board of registry of the .... precinct | 17 |
| of the township of
.... (or to the county clerk of .... county) | 18 |
| and that said board or clerk
refused to complete my | 19 |
| registration as a qualified voter in said
precinct. That I | 20 |
| reside in said precinct, that I intend to reside in said
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| precinct, and am a duly qualified voter of said precinct and am | 22 |
| entitled to be
registered to vote in said precinct at the next | 23 |
| election.
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| (Signature of applicant) ............................."
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| All such applications shall be presented to the county |
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| clerk or to
his duly authorized representative by the | 2 |
| applicant, in person between
the hours of 9:00 a.m. and 5:00 | 3 |
| p.m. on any day after the days on
which the 1969 and 1970 | 4 |
| precinct re-registrations are held but not on
any day within 27 | 5 |
| days preceding the ensuing general election and
thereafter for | 6 |
| the registration provided in Section 4-7 all such
applications | 7 |
| shall be presented to the county clerk or his duly
authorized | 8 |
| representative by the applicant in person between the hours
of | 9 |
| 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | 10 |
| the
ensuing general election. Such application shall be heard | 11 |
| by the county
clerk or his duly authorized representative at | 12 |
| the time the application
is presented. If the applicant for | 13 |
| registration has registered with the
county clerk, such | 14 |
| application may be presented to and heard by the
county clerk | 15 |
| or by his duly authorized representative upon the dates
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| specified above or at any time prior thereto designated by the | 17 |
| county clerk.
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| Any otherwise qualified person who is absent from his | 19 |
| county of
residence either due to business of the United States | 20 |
| or because he is
temporarily outside the territorial limits of | 21 |
| the United States may
become registered by mailing an | 22 |
| application to the county clerk within
the periods of | 23 |
| registration provided for in this Article, or by simultaneous
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| application for absentee registration and absentee ballot as | 25 |
| provided in
Article 20 of this Code.
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| Upon receipt of such application the county clerk shall |
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| immediately
mail an affidavit of registration in duplicate, | 2 |
| which affidavit shall
contain the following and such other | 3 |
| information as the State Board of
Elections may think it proper | 4 |
| to require for the identification of the
applicant:
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| Name. The name of the applicant, giving surname and first | 6 |
| or
Christian name in full, and the middle name or the initial | 7 |
| for such
middle name, if any.
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| Sex.
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| Residence. The name and number of the street, avenue or | 10 |
| other
location of the dwelling, and such additional clear and | 11 |
| definite
description as may be necessary to determine the exact | 12 |
| location of the
dwelling of the applicant. Where the location | 13 |
| cannot be determined by
street and number, then the Section, | 14 |
| congressional township and range
number may be used, or such | 15 |
| other information as may be necessary,
including post office | 16 |
| mailing address.
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| Term of residence in the State of Illinois and the | 18 |
| precinct.
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| Nativity. The State or country in which the applicant was | 20 |
| born.
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| Citizenship. Whether the applicant is native born or | 22 |
| naturalized. If
naturalized, the court, place and date of | 23 |
| naturalization.
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| Age. Date of birth, by month, day and year.
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| Out of State address of ..........................
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| AFFIDAVIT OF REGISTRATION
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| State of ...........)
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| )ss
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| County of ..........)
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| I hereby swear (or affirm) that I am a citizen of the | 5 |
| United States;
that on the day of the next election I shall | 6 |
| have resided in the State
of Illinois and in the election | 7 |
| precinct 30 days; that I am
fully qualified to vote, that I am | 8 |
| not registered to vote anywhere else
in the United States, that | 9 |
| I intend to remain a resident of the State of
Illinois and of | 10 |
| the election precinct, that I intend to return to the State
of | 11 |
| Illinois, and that the above statements are true.
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| ..............................
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| (His or her signature or mark)
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| Subscribed and sworn to before me, an officer qualified to | 15 |
| administer
oaths, on (insert date).
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| ........................................
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| Signature of officer administering oath.
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| Upon receipt of the executed duplicate affidavit of | 19 |
| Registration, the
county clerk shall transfer the information | 20 |
| contained thereon to
duplicate Registration Cards provided for | 21 |
| in Section 4-8 of this Article
and shall attach thereto a copy | 22 |
| of each of the duplicate affidavit of
registration and | 23 |
| thereafter such registration card and affidavit shall
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| constitute the registration of such person the same as if he | 25 |
| had applied
for registration in person.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
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| (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
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| Sec. 5-9.
Except as herein provided, no person shall be | 3 |
| registered
unless he applies in person to registration officer, | 4 |
| answers such
relevant questions as may be asked of him by the | 5 |
| registration officer,
and executes the affidavit of | 6 |
| registration. The registration officer shall
require the | 7 |
| applicant to furnish two forms of identification, and except in | 8 |
| the
case of a homeless individual, one of which must include | 9 |
| his or her residence
address. These forms of identification | 10 |
| shall include, but not be limited to,
any of the following: | 11 |
| driver's license, social security card, public aid
| 12 |
| identification card, utility bill, employee or student | 13 |
| identification card,
credit card, or a civic, union or | 14 |
| professional association membership card.
The registration | 15 |
| officer shall require a homeless individual to furnish
evidence | 16 |
| of his or her use of the mailing address stated. This use may | 17 |
| be
demonstrated by a piece of mail addressed to that individual | 18 |
| and received at
that address or by a statement from a person | 19 |
| authorizing use of the mailing
address. The registration | 20 |
| officer shall require each applicant for registration
to read | 21 |
| or have read to him the affidavit of registration before | 22 |
| permitting him
to execute the affidavit.
| 23 |
| One of the Deputy Registrars, the Judge of Registration, or | 24 |
| an
Officer of Registration, County Clerk, or clerk in the | 25 |
| office of the
County Clerk, shall administer to all persons who |
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LRB096 10993 DRJ 22884 a |
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| shall personally apply
to register the following oath or | 2 |
| affirmation:
| 3 |
| "You do solemnly swear (or affirm) that you will fully and | 4 |
| truly
answer all such questions as shall be put to you touching | 5 |
| your place of
residence, name, place of birth, your | 6 |
| qualifications as an elector and
your right as such to register | 7 |
| and vote under the laws of the State of
Illinois."
| 8 |
| The Registration Officer shall satisfy himself that each | 9 |
| applicant
for registration is qualified to register before | 10 |
| registering him. If the
registration officer has reason to | 11 |
| believe that the applicant is a resident
of a Soldiers' and | 12 |
| Sailors' Home or any facility which is licensed or certified
| 13 |
| pursuant to the Nursing Home Care Act or the MR/DD Community | 14 |
| Care Act , the following question shall be put,
"When you | 15 |
| entered the home which is your present address, was it your | 16 |
| bona fide
intention to become a resident thereof?" Any voter of | 17 |
| a township, city,
village or incorporated town in which such | 18 |
| applicant resides, shall be
permitted to be present at the | 19 |
| place of precinct registration, and shall have
the right to | 20 |
| challenge any applicant who applies to be registered.
| 21 |
| In case the officer is not satisfied that the applicant is | 22 |
| qualified,
he shall forthwith in writing notify such applicant | 23 |
| to appear before the
County Clerk to furnish further proof of | 24 |
| his qualifications. Upon the
card of such applicant shall be | 25 |
| written the word "Incomplete" and no
such applicant shall be | 26 |
| permitted to vote unless such registration is
satisfactorily |
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LRB096 10993 DRJ 22884 a |
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| completed as hereinafter provided. No registration shall
be | 2 |
| taken and marked as "incomplete" if information to complete it | 3 |
| can be
furnished on the date of the original application.
| 4 |
| Any person claiming to be an elector in any election | 5 |
| precinct in such
township, city, village or incorporated town | 6 |
| and whose registration is
marked "Incomplete" may make and sign | 7 |
| an application in writing, under
oath, to the County Clerk in | 8 |
| substance in the following form:
| 9 |
| "I do solemnly swear that I, .........., did on (insert | 10 |
| date) make application to the Board of Registry of the ........
| 11 |
| precinct of ........ ward of the City of .... or of the | 12 |
| ......... District
......... Town of .......... (or to the | 13 |
| County Clerk of .............) and
............ County; that | 14 |
| said Board or Clerk refused to complete my
registration as a | 15 |
| qualified voter in said precinct, that I reside in said
| 16 |
| precinct (or that I intend to reside in said precinct), am a | 17 |
| duly qualified
voter and entitled to vote in said precinct at | 18 |
| the next election.
| 19 |
| ...........................
| 20 |
| (Signature of Applicant)"
| 21 |
| All such applications shall be presented to the County | 22 |
| Clerk by the
applicant, in person between the hours of nine | 23 |
| o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | 24 |
| the third week subsequent to
the weeks in which the 1961 and | 25 |
| 1962 precinct re-registrations are to be
held, and thereafter | 26 |
| for the registration provided in Section 5-17 of
this Article, |
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LRB096 10993 DRJ 22884 a |
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| all such applications shall be presented to the County
Clerk by | 2 |
| the applicant in person between the hours of nine o'clock a.m.
| 3 |
| and nine o'clock p.m. on Monday and Tuesday of the third week
| 4 |
| prior to the date on which such election is to be held.
| 5 |
| Any otherwise qualified person who is absent from his | 6 |
| county of
residence either due to business of the United States | 7 |
| or because he is
temporarily outside the territorial limits of | 8 |
| the United States may
become registered by mailing an | 9 |
| application to the county clerk within
the periods of | 10 |
| registration provided for in this Article or by simultaneous
| 11 |
| application for absentee registration and absentee ballot as | 12 |
| provided in
Article 20 of this Code.
| 13 |
| Upon receipt of such application the county clerk shall | 14 |
| immediately
mail an affidavit of registration in duplicate, | 15 |
| which affidavit shall
contain the following and such other | 16 |
| information as the State Board of
Elections may think it proper | 17 |
| to require for the identification of the
applicant:
| 18 |
| Name. The name of the applicant, giving surname and first | 19 |
| or
Christian name in full, and the middle name or the initial | 20 |
| for such
middle name, if any.
| 21 |
| Sex.
| 22 |
| Residence. The name and number of the street, avenue or | 23 |
| other
location of the dwelling, and such additional clear and | 24 |
| definite
description as may be necessary to determine the exact | 25 |
| location of the
dwelling of the applicant. Where the location | 26 |
| cannot be determined by
street and number, then the Section, |
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| congressional township and range
number may be used, or such | 2 |
| other information as may be necessary,
including post office | 3 |
| mailing address.
| 4 |
| Term of residence in the State of Illinois and the | 5 |
| precinct.
| 6 |
| Nativity. The State or country in which the applicant was | 7 |
| born.
| 8 |
| Citizenship. Whether the applicant is native born or | 9 |
| naturalized. If
naturalized, the court, place and date of | 10 |
| naturalization.
| 11 |
| Age. Date of birth, by month, day and year.
| 12 |
| Out of State address of ..........................
| 13 |
| AFFIDAVIT OF REGISTRATION
| 14 |
| State of .........)
| 15 |
| )ss
| 16 |
| County of ........)
| 17 |
| I hereby swear (or affirm) that I am a citizen of the | 18 |
| United States;
that on the day of the next election I shall | 19 |
| have resided in the State
of Illinois for 6 months and in the | 20 |
| election precinct 30 days; that I am
fully qualified to vote, | 21 |
| that I am not registered to vote anywhere else
in the United | 22 |
| States, that I intend to remain a resident of the State of
| 23 |
| Illinois and of the election precinct, that I intend to return | 24 |
| to the State
of Illinois, and that the above statements are | 25 |
| true.
| 26 |
| ..............................
|
|
|
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
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| 1 |
| (His or her signature or mark)
| 2 |
| Subscribed and sworn to before me, an officer qualified to | 3 |
| administer
oaths, on (insert date).
| 4 |
| ........................................
| 5 |
| Signature of officer administering oath.
| 6 |
| | 7 |
| Upon receipt of the executed duplicate affidavit of | 8 |
| Registration, the
county clerk shall transfer the information | 9 |
| contained thereon to
duplicate Registration Cards provided for | 10 |
| in Section 5-7 of this Article
and shall attach thereto a copy | 11 |
| of each of the duplicate affidavit of
registration and | 12 |
| thereafter such registration card and affidavit shall
| 13 |
| constitute the registration of such person the same as if he | 14 |
| had applied
for registration in person.
| 15 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 16 |
| (10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
| 17 |
| Sec. 5-16.3.
The county clerk may establish temporary | 18 |
| places of
registration for such times and at such locations | 19 |
| within the county as the
county clerk may select. However, no | 20 |
| temporary place of
registration may be in operation during the
| 21 |
| 27 days preceding an election. Notice
of time and place of | 22 |
| registration at any such temporary place of
registration under | 23 |
| this Section shall be published by the county
clerk in a | 24 |
| newspaper having a general circulation in the county not less
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| than 3 nor more than 15 days before the holding of such | 2 |
| registration.
| 3 |
| Temporary places of registration shall be established so | 4 |
| that the
areas of concentration of population or use by the | 5 |
| public are served,
whether by facilities provided in places of | 6 |
| private business or in
public buildings or in mobile units. | 7 |
| Areas which may be designated as
temporary places of | 8 |
| registration include, but are not limited to, facilities
| 9 |
| licensed or certified pursuant to the Nursing Home Care Act or | 10 |
| the MR/DD Community Care Act ,
Soldiers' and Sailors' Homes,
| 11 |
| shopping centers, business districts, public buildings and | 12 |
| county fairs.
| 13 |
| Temporary places of registration shall be available to the | 14 |
| public not
less than 2 hours per year for each 1,000 population | 15 |
| or fraction thereof
in the county.
| 16 |
| All temporary places of registration shall be manned by | 17 |
| deputy county
clerks or deputy registrars appointed pursuant to | 18 |
| Section 5-16.2.
| 19 |
| (Source: P.A. 92-816, eff. 8-21-02.)
| 20 |
| (10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
| 21 |
| Sec. 6-50.3.
The board of election commissioners may | 22 |
| establish
temporary places of registration for such times and | 23 |
| at such locations as
the board may select. However, no | 24 |
| temporary place of registration
may be in operation during the | 25 |
| 27 days preceding an election.
Notice of the time and place of |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| registration at any such temporary place of
registration under | 2 |
| this Section shall be published by the board of election
| 3 |
| commissioners in a newspaper having a general circulation in | 4 |
| the city, village
or incorporated town not less than 3 nor more | 5 |
| than 15 days before the holding
of such registration.
| 6 |
| Temporary places of registration shall be established so | 7 |
| that the
areas of concentration of population or use by the | 8 |
| public are served,
whether by facilities provided in places of | 9 |
| private business or in
public buildings or in mobile units. | 10 |
| Areas which may be designated as
temporary places of | 11 |
| registration include, but are not limited to facilities
| 12 |
| licensed or certified pursuant to the Nursing Home Care Act or | 13 |
| the MR/DD Community Care Act ,
Soldiers' and Sailors' Homes,
| 14 |
| shopping centers, business districts, public buildings and | 15 |
| county fairs.
| 16 |
| Temporary places of registration shall be available to the | 17 |
| public not
less than 2 hours per year for each 1,000 population | 18 |
| or fraction thereof
in the county.
| 19 |
| All temporary places of registration shall be manned by | 20 |
| employees of the
board of election commissioners or deputy | 21 |
| registrars appointed pursuant
to Section 6-50.2.
| 22 |
| (Source: P.A. 92-816, eff. 8-21-02.)
| 23 |
| (10 ILCS 5/6-56) (from Ch. 46, par. 6-56)
| 24 |
| Sec. 6-56.
Not more than 30 nor less than 28 days before | 25 |
| any election
under this Article, all owners, managers, |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
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| 1 |
| administrators or operators of hotels, lodging
houses, rooming | 2 |
| houses, furnished apartments or facilities licensed or
| 3 |
| certified under
the Nursing Home Care Act, which house 4 or | 4 |
| more
persons, outside the members of the family of such owner, | 5 |
| manager, administrator or
operator, shall file with the board | 6 |
| of election commissioners a report,
under oath, together with | 7 |
| one copy thereof, in such form as may be
required by the board | 8 |
| of election commissioners, of the names and
descriptions of all | 9 |
| lodgers, guests or residents claiming a voting residence at the
| 10 |
| hotels, lodging houses, rooming houses, furnished apartments, | 11 |
| or facility
licensed or certified under the Nursing Home Care | 12 |
| Act or the MR/DD Community Care Act under
their control. In | 13 |
| counties having a population of 500,000 or more such
report | 14 |
| shall be made on forms mailed to them by the board of election
| 15 |
| commissioners. The board of election commissioners shall sort | 16 |
| and
assemble the sworn copies of the reports in numerical order | 17 |
| according to
ward and according to precincts within each ward | 18 |
| and shall, not later
than 5 days after the last day allowed by | 19 |
| this Article for the filing of
the reports, maintain one | 20 |
| assembled set of sworn duplicate reports
available for public | 21 |
| inspection until 60 days after election days.
Except as is | 22 |
| otherwise expressly provided in this Article, the board
shall | 23 |
| not be required to perform any duties with respect to the sworn
| 24 |
| reports other than to mail, sort, assemble, post and file them | 25 |
| as
hereinabove provided.
| 26 |
| Except in such cases where a precinct canvass is being |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| conducted by
the Board of Election Commissioners prior to a | 2 |
| Primary or Election, the
board of election commissioners shall | 3 |
| compare the original copy of each
such report with the list of | 4 |
| registered voters from such addresses.
Every person registered | 5 |
| from such address and not listed in such report
or whose name | 6 |
| is different from any name so listed, shall immediately
after | 7 |
| the last day of registration be sent a notice through the | 8 |
| United
States mail, at the address appearing upon his | 9 |
| registration record card,
requiring him to appear before the | 10 |
| board of election commissioners on
one of the days specified in | 11 |
| Section 6-45 of this Article and show
cause why his | 12 |
| registration should not be cancelled. The provisions of
| 13 |
| Sections 6-45, 6-46 and 6-47 of this Article shall apply to | 14 |
| such
hearing and proceedings subsequent thereto.
| 15 |
| Any owner, manager or operator of any such hotel, lodging | 16 |
| house,
rooming house or furnished apartment who shall fail or | 17 |
| neglect to file
such statement and copy thereof as in this | 18 |
| Article provided, may, upon
written information of the attorney | 19 |
| for the election commissioners, be
cited by the election | 20 |
| commissioners or upon the complaint of any voter
of such city, | 21 |
| village or incorporated town, to appear before them and
furnish | 22 |
| such sworn statement and copy thereof and make such oral
| 23 |
| statements under oath regarding such hotel, lodging house, | 24 |
| rooming house
or furnished apartment, as the election | 25 |
| commissioners may require. The
election commissioners shall | 26 |
| sit to hear such citations on the Friday of
the fourth week |
|
|
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LRB096 10993 DRJ 22884 a |
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| 1 |
| preceding the week in which such election is to be held.
Such | 2 |
| citation shall be served not later than the day preceding the | 3 |
| day
on which it is returnable.
| 4 |
| (Source: P.A. 86-820.)
| 5 |
| (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 6 |
| Sec. 19-4. Mailing or delivery of ballots - Time.) | 7 |
| Immediately upon
the receipt of such application either by | 8 |
| mail, not more than 40 days
nor less than 5 days prior to such | 9 |
| election, or by personal delivery not
more than 40 days nor | 10 |
| less than one day prior to such election, at the
office of such | 11 |
| election authority, it shall be the duty of such election
| 12 |
| authority to examine the records to ascertain whether or not | 13 |
| such
applicant is lawfully entitled to vote as
requested, | 14 |
| including a verification of the applicant's signature by | 15 |
| comparison with the signature on the official registration | 16 |
| record card, and if found so to be entitled to vote, to post | 17 |
| within one business day thereafter
the name, street address,
| 18 |
| ward and precinct number or township and district number, as | 19 |
| the case may be,
of such applicant given on a list, the pages | 20 |
| of which are to be numbered
consecutively to be kept by such | 21 |
| election authority for such purpose in a
conspicuous, open and | 22 |
| public place accessible to the public at the entrance of
the | 23 |
| office of such election authority, and in such a manner that | 24 |
| such list may
be viewed without necessity of requesting | 25 |
| permission therefor. Within one
day after posting the name and |
|
|
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
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| 1 |
| other information of an applicant for
an absentee ballot, the | 2 |
| election authority shall transmit that name and other
posted | 3 |
| information to the State Board of Elections, which shall | 4 |
| maintain those
names and other information in an electronic | 5 |
| format on its website, arranged by
county and accessible to | 6 |
| State and local political committees. Within 2
business days | 7 |
| after posting a name and other information on the list within
| 8 |
| its
office, the election authority shall mail,
postage prepaid, | 9 |
| or deliver in person in such office an official ballot
or | 10 |
| ballots if more than one are to be voted at said election. Mail | 11 |
| delivery
of Temporarily Absent Student ballot applications | 12 |
| pursuant to Section
19-12.3 shall be by nonforwardable mail. | 13 |
| However,
for the consolidated election, absentee ballots for | 14 |
| certain precincts may
be delivered to applicants not less than | 15 |
| 25 days before the election if
so much time is required to have | 16 |
| prepared and printed the ballots containing
the names of | 17 |
| persons nominated for offices at the consolidated primary.
The | 18 |
| election authority shall enclose with each absentee ballot or
| 19 |
| application written instructions on how voting assistance | 20 |
| shall be provided
pursuant to Section 17-14 and a document, | 21 |
| written and approved by the State
Board of Elections,
| 22 |
| enumerating
the circumstances under which a person is | 23 |
| authorized to vote by absentee
ballot pursuant to this Article; | 24 |
| such document shall also include a
statement informing the | 25 |
| applicant that if he or she falsifies or is
solicited by | 26 |
| another to falsify his or her
eligibility to cast an absentee |
|
|
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| ballot, such applicant or other is subject
to
penalties | 2 |
| pursuant to Section 29-10 and Section 29-20 of the Election | 3 |
| Code.
Each election authority shall maintain a list of the | 4 |
| name, street address,
ward and
precinct, or township and | 5 |
| district number, as the case may be, of all
applicants who have | 6 |
| returned absentee ballots to such authority, and the name of | 7 |
| such absent voter shall be added to such list
within one | 8 |
| business day from receipt of such ballot.
If the absentee | 9 |
| ballot envelope indicates that the voter was assisted in
| 10 |
| casting the ballot, the name of the person so assisting shall | 11 |
| be included on
the list. The list, the pages of which are to be | 12 |
| numbered consecutively,
shall be kept by each election | 13 |
| authority in a conspicuous, open, and public
place accessible | 14 |
| to the public at the entrance of the office of the election
| 15 |
| authority and in a manner that the list may be viewed without | 16 |
| necessity of
requesting permission for viewing.
| 17 |
| Each election authority shall maintain a list for each | 18 |
| election
of the
voters to whom it has issued absentee ballots. | 19 |
| The list shall be
maintained for each precinct within the | 20 |
| jurisdiction of the election
authority. Prior to the opening of | 21 |
| the polls on election day, the
election authority shall deliver | 22 |
| to the judges of election in each
precinct the list of | 23 |
| registered voters in that precinct to whom absentee
ballots | 24 |
| have been issued by mail.
| 25 |
| Each election authority shall maintain a list for each | 26 |
| election of
voters to whom it has issued temporarily absent |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| student ballots. The list
shall be maintained for each election | 2 |
| jurisdiction within which such voters
temporarily abide. | 3 |
| Immediately after the close of the period during which
| 4 |
| application may be made by mail for absentee ballots, each | 5 |
| election
authority shall mail to each other election authority | 6 |
| within the State a
certified list of all such voters | 7 |
| temporarily abiding within the
jurisdiction of the other | 8 |
| election authority.
| 9 |
| In the event that the return address of an
application for | 10 |
| ballot by a physically incapacitated elector
is that of a | 11 |
| facility licensed or certified under the Nursing Home Care
Act | 12 |
| or the MR/DD Community Care Act , within the jurisdiction of the | 13 |
| election authority, and the applicant
is a registered voter in | 14 |
| the precinct in which such facility is located,
the ballots | 15 |
| shall be prepared and transmitted to a responsible judge of
| 16 |
| election no later than 9 a.m. on the Saturday, Sunday or Monday | 17 |
| immediately
preceding the election as designated by the | 18 |
| election authority under
Section 19-12.2. Such judge shall | 19 |
| deliver in person on the designated day
the ballot to the | 20 |
| applicant on the premises of the facility from which
| 21 |
| application was made. The election authority shall by mail | 22 |
| notify the
applicant in such facility that the ballot will be | 23 |
| delivered by a judge of
election on the designated day.
| 24 |
| All applications for absentee ballots shall be available at | 25 |
| the office
of the election authority for public inspection upon | 26 |
| request from the
time of receipt thereof by the election |
|
|
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| authority until 30 days after the
election, except during the | 2 |
| time such applications are kept in the
office of the election | 3 |
| authority pursuant to Section 19-7, and except during
the time | 4 |
| such applications are in the possession of the judges of | 5 |
| election.
| 6 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 7 |
| (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| 8 |
| Sec. 19-12.1.
Any qualified elector who has secured an | 9 |
| Illinois
Disabled Person Identification Card in accordance | 10 |
| with The Illinois
Identification Card Act, indicating that the | 11 |
| person named thereon has a Class
1A or Class 2 disability or | 12 |
| any qualified voter who has a permanent physical
incapacity of | 13 |
| such a nature as to make it improbable that he will be
able to | 14 |
| be present at the polls at any future election, or any
voter | 15 |
| who is a resident of a facility licensed or certified pursuant | 16 |
| to
the Nursing Home Care Act or the MR/DD Community Care Act | 17 |
| and has a condition or disability of
such a nature as to make | 18 |
| it improbable that he will be able to be present
at the polls | 19 |
| at any future election, may secure a disabled voter's or
| 20 |
| nursing home resident's identification card, which will enable | 21 |
| him to vote
under this Article as a physically incapacitated or | 22 |
| nursing home voter.
| 23 |
| Application for a disabled voter's or nursing home | 24 |
| resident's
identification card shall be made either: (a) in | 25 |
| writing, with voter's
sworn affidavit, to the county clerk or |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| board of election commissioners, as
the case may be, and shall | 2 |
| be accompanied
by the affidavit of the attending physician | 3 |
| specifically describing the
nature of the physical incapacity | 4 |
| or the fact that the voter is a nursing
home resident and is | 5 |
| physically unable to be present at the polls on election
days; | 6 |
| or (b) by presenting, in writing or otherwise, to the county | 7 |
| clerk
or board of election commissioners, as the case may be, | 8 |
| proof that the
applicant has secured an Illinois Disabled | 9 |
| Person Identification Card
indicating that the person named | 10 |
| thereon has a Class 1A or Class 2 disability.
Upon the receipt | 11 |
| of either the sworn-to
application and the physician's | 12 |
| affidavit or proof that the applicant has
secured an Illinois | 13 |
| Disabled Person Identification Card indicating that the
person | 14 |
| named thereon has a Class 1A or Class 2 disability, the county | 15 |
| clerk
or board of election commissioners shall issue a disabled | 16 |
| voter's or
nursing home resident's identification
card. Such | 17 |
| identification cards shall be issued for a
period of 5 years, | 18 |
| upon the expiration of which time the voter may
secure a new | 19 |
| card by making application in the same manner as is
prescribed | 20 |
| for the issuance of an original card, accompanied by a new
| 21 |
| affidavit of the attending physician. The date of expiration of | 22 |
| such
five-year period shall be made known to any interested | 23 |
| person by the
election authority upon the request of such | 24 |
| person. Applications for the
renewal of the identification | 25 |
| cards shall be mailed to the voters holding
such cards not less | 26 |
| than 3 months prior to the date of expiration of the cards.
|
|
|
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09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| Each disabled voter's or nursing home resident's | 2 |
| identification card
shall bear an identification number, which | 3 |
| shall be clearly noted on the voter's
original and duplicate | 4 |
| registration record cards. In the event the
holder becomes | 5 |
| physically capable of resuming normal voting, he must
surrender | 6 |
| his disabled voter's or nursing home resident's identification
| 7 |
| card to the county clerk or board of election commissioners | 8 |
| before the next election.
| 9 |
| The holder of a disabled voter's or nursing home resident's
| 10 |
| identification card may make application by mail for an | 11 |
| official ballot
within the time prescribed by Section 19-2. | 12 |
| Such application shall contain
the same information as is
| 13 |
| included in the form of application for ballot by a physically
| 14 |
| incapacitated elector prescribed in Section 19-3 except that it | 15 |
| shall
also include the applicant's disabled voter's | 16 |
| identification card number
and except that it need not be sworn | 17 |
| to. If an examination of the records
discloses that the | 18 |
| applicant is lawfully entitled to vote, he shall be
mailed a | 19 |
| ballot as provided in Section 19-4. The ballot envelope shall
| 20 |
| be the same as that prescribed in Section 19-5 for physically | 21 |
| disabled
voters, and the manner of voting and returning the | 22 |
| ballot shall be the
same as that provided in this Article for | 23 |
| other absentee ballots, except
that a statement to be | 24 |
| subscribed to by the voter but which need not be
sworn to shall | 25 |
| be placed on the ballot envelope in lieu of the affidavit
| 26 |
| prescribed by Section 19-5.
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| Any person who knowingly subscribes to a false statement in
| 2 |
| connection with voting under this Section shall be guilty of a | 3 |
| Class A
misdemeanor.
| 4 |
| For the purposes of this Section, "nursing home resident" | 5 |
| includes a resident of a facility licensed under the MR/DD | 6 |
| Community Care Act. | 7 |
| (Source: P.A. 86-820; 86-875; 86-1028.)
| 8 |
| (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
| 9 |
| Sec. 19-12.2. Voting by physically incapacitated electors | 10 |
| who have made
proper application to the election authority not | 11 |
| later than 5 days before
the regular primary and general | 12 |
| election of 1980 and before each election
thereafter shall be | 13 |
| conducted on the premises of facilities licensed or
certified | 14 |
| pursuant to the Nursing Home Care Act or the MR/DD Community | 15 |
| Care Act for the sole benefit of
residents of such facilities. | 16 |
| Such voting shall be conducted during any
continuous period | 17 |
| sufficient to allow all applicants to cast their ballots
| 18 |
| between the hours of 9 a.m. and 7 p.m. either on the Friday, | 19 |
| Saturday, Sunday
or Monday immediately preceding the regular | 20 |
| election. This absentee voting on
one of said days designated | 21 |
| by the election authority shall be supervised by
two election | 22 |
| judges who must be selected by the election authority in the
| 23 |
| following order of priority: (1) from the panel of judges | 24 |
| appointed for the
precinct in which such facility is located, | 25 |
| or from a panel of judges appointed
for any other precinct |
|
|
|
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| within the jurisdiction of the election authority in the
same | 2 |
| ward or township, as the case may be, in which the facility is | 3 |
| located or,
only in the case where a judge or judges from the | 4 |
| precinct, township or ward
are unavailable to serve, (3) from a | 5 |
| panel of judges appointed for any other
precinct within the | 6 |
| jurisdiction of the election authority. The two judges
shall be | 7 |
| from different political parties. Not less than 30 days before | 8 |
| each
regular election, the election authority shall have | 9 |
| arranged with the chief
administrative officer of each facility | 10 |
| in his or its election jurisdiction a
mutually convenient time | 11 |
| period on the Friday, Saturday, Sunday or Monday
immediately | 12 |
| preceding the election for such voting on the premises of the
| 13 |
| facility and shall post in a prominent place in his or its | 14 |
| office a notice of
the agreed day and time period for | 15 |
| conducting such voting at each facility;
provided that the | 16 |
| election authority shall not later than noon on the Thursday
| 17 |
| before the election also post the names and addresses of those | 18 |
| facilities from
which no applications were received and in | 19 |
| which no supervised absentee voting
will be conducted. All | 20 |
| provisions of this Code applicable to pollwatchers
shall be | 21 |
| applicable herein. To the maximum extent feasible, voting | 22 |
| booths or
screens shall be provided to insure the privacy of | 23 |
| the voter. Voting procedures
shall be as described in Article | 24 |
| 17 of this Code, except that ballots shall be
treated as | 25 |
| absentee ballots and shall not be counted until the close of | 26 |
| the
polls on the following day. After the last voter has |
|
|
|
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| concluded voting, the
judges shall seal the ballots in an | 2 |
| envelope and affix their signatures across
the flap of the | 3 |
| envelope. Immediately thereafter, the judges
shall bring the | 4 |
| sealed envelope to the office of the election authority
who | 5 |
| shall deliver such ballots to the election authority's central | 6 |
| ballot counting location prior to
the closing of the polls on | 7 |
| the day of election. The judges of election shall
also report | 8 |
| to the election authority the name of any applicant in the | 9 |
| facility
who, due to unforeseen circumstance or condition or | 10 |
| because
of a religious holiday, was unable to vote. In this | 11 |
| event, the election
authority may appoint a qualified person | 12 |
| from his or its staff to deliver
the ballot to such applicant | 13 |
| on the day of election. This staff person
shall follow the same | 14 |
| procedures prescribed for judges conducting absentee
voting in | 15 |
| such facilities and shall return the ballot to the central | 16 |
| ballot counting location before the polls close. However, if | 17 |
| the facility from
which the application was made is also used | 18 |
| as a regular precinct polling place
for that voter, voting | 19 |
| procedures heretofore prescribed may be implemented by 2
of the | 20 |
| election judges of opposite party affiliation assigned to that | 21 |
| polling
place during the hours of voting on the day of the | 22 |
| election. Judges of election
shall be compensated not less than | 23 |
| $25.00 for conducting absentee voting in
such facilities.
| 24 |
| Not less than 120 days before each regular election, the | 25 |
| Department
of Public Health shall certify to the State Board of | 26 |
| Elections a list of
the facilities licensed or certified |
|
|
|
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|
| 1 |
| pursuant to the Nursing Home Care
Act or the MR/DD Community | 2 |
| Care Act , and shall indicate the approved bed capacity and the | 3 |
| name of
the chief administrative officer of each such facility, | 4 |
| and the State Board
of Elections shall certify the same to the | 5 |
| appropriate election authority
within 20 days thereafter.
| 6 |
| (Source: P.A. 94-1000, eff. 7-3-06.)
| 7 |
| Section 90-4. The Illinois Act on the Aging is amended by | 8 |
| changing Section 4.08 as follows: | 9 |
| (20 ILCS 105/4.08) | 10 |
| Sec. 4.08. Rural and small town meals program. Subject to | 11 |
| appropriation, the Department may establish a program to ensure | 12 |
| the availability of congregate or home-delivered meals in | 13 |
| communities with populations of under 5,000 that are not | 14 |
| located within the large urban counties of Cook, DuPage, Kane, | 15 |
| Lake, or Will.
| 16 |
| The Department may meet these requirements by entering into | 17 |
| agreements with Area Agencies on Aging or Department designees, | 18 |
| which shall in turn enter into grants or contractual agreements | 19 |
| with such local entities as restaurants, cafes, churches, | 20 |
| facilities licensed under the Nursing Home Care Act, the MR/DD | 21 |
| Community Care Act, the Assisted Living and Shared Housing Act, | 22 |
| or the Hospital Licensing Act, facilities certified by the | 23 |
| Department of Healthcare and Family Services, senior centers, | 24 |
| or Older American Act designated nutrition service providers.
|
|
|
|
09600SB1704sam001 |
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|
| 1 |
| First consideration shall be given to entities that can | 2 |
| cost effectively meet the needs of seniors in the community by | 3 |
| preparing the food locally.
| 4 |
| In no instance shall funds provided pursuant to this | 5 |
| Section be used to replace funds allocated to a given area or | 6 |
| program as of the effective date of this amendatory Act of the | 7 |
| 95th General Assembly.
| 8 |
| The Department shall establish guidelines and standards by | 9 |
| administrative rule, which shall include submission of an | 10 |
| expenditure plan by the recipient of the funds.
| 11 |
| (Source: P.A. 95-68, eff. 8-13-07; 95-876, eff. 8-21-08.)"; and | 12 |
| on page 160, by replacing lines 7 through 9 with the following: | 13 |
| "health care worker registry under Section 3-206.01 of the | 14 |
| MR/DD Community Care Act Nursing Home Care Act the identity of | 15 |
| individuals against whom"; and | 16 |
| on page 161, by replacing lines 18 and 19 with the following: | 17 |
| "worker registry under Section 3-206.01 of the MR/DD Community | 18 |
| Care Act Nursing Home Care Act ."; and | 19 |
| on page 167, by replacing lines 10 and 11 with the following: | 20 |
| "oversight as defined by the MR/DD Community Care Act Nursing | 21 |
| Home Care Act , for which placement arrangements"; and | 22 |
| on page 173, by replacing lines 8 and 9 with the following: |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| "defined by the MR/DD Community Care Act Nursing Home Care Act , | 2 |
| or in designated community living situations or"; and | 3 |
| on page 181, by replacing lines 21 and 22 with the following: | 4 |
| "" MR/DD community care Long-term care facility". The term | 5 |
| " MR/DD community care long-term care facility", for the | 6 |
| purposes of this Article, means a skilled"; and | 7 |
| on page 181, by replacing lines 24 and 25 with the following: | 8 |
| "licensure by the Department of Public Health under the MR/DD | 9 |
| Community Care Act Nursing Home Care Act , an intermediate"; and | 10 |
| on page 204, by replacing lines 5 and 6 with the following: | 11 |
| "licensed under the Nursing Home Care Act; | 12 |
| 3.5. Skilled and intermediate care facilities licensed | 13 |
| under the MR/DD Community Care Act; "; and | 14 |
| on page 206, line 2, before the comma, by inserting " or the | 15 |
| MR/DD Community Care Act "; and | 16 |
| on page 214, by replacing lines 25 and 26 with the following: | 17 |
| "care facilities licensed under the Nursing Home Care Act , | 18 |
| skilled or intermediate care facilities licensed under the | 19 |
| MR/DD Community Care Act, or nursing homes licensed under the"; | 20 |
| and |
|
|
|
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| on page 220, by replacing lines 4 and 5 with the following: | 2 |
| "(i) licensed under the Nursing Home Care Act , (ii) licensed | 3 |
| under the MR/DD Community Care Act, or (iii) (ii) licensed | 4 |
| under the Hospital"; and | 5 |
| by deleting lines 17 through 24 on page 223 and line 1 on page | 6 |
| 224; and | 7 |
| on page 287, after line 5, by inserting the following: | 8 |
| "Section 90-67. The Property Tax Code is amended by | 9 |
| changing Sections 15-168, 15-170, and 15-172 as follows: | 10 |
| (35 ILCS 200/15-168)
| 11 |
| Sec. 15-168. Disabled persons' homestead exemption. | 12 |
| (a) Beginning with taxable year 2007, an
annual homestead | 13 |
| exemption is granted to disabled persons in
the amount of | 14 |
| $2,000, except as provided in subsection (c), to
be deducted | 15 |
| from the property's value as equalized or assessed
by the | 16 |
| Department of Revenue. The disabled person shall receive
the | 17 |
| homestead exemption upon meeting the following
requirements: | 18 |
| (1) The property must be occupied as the primary | 19 |
| residence by the disabled person. | 20 |
| (2) The disabled person must be liable for paying the
| 21 |
| real estate taxes on the property. | 22 |
| (3) The disabled person must be an owner of record of
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| the property or have a legal or equitable interest in the
| 2 |
| property as evidenced by a written instrument. In the case
| 3 |
| of a leasehold interest in property, the lease must be for
| 4 |
| a single family residence. | 5 |
| A person who is disabled during the taxable year
is | 6 |
| eligible to apply for this homestead exemption during that
| 7 |
| taxable year. Application must be made during the
application | 8 |
| period in effect for the county of residence. If a
homestead | 9 |
| exemption has been granted under this Section and the
person | 10 |
| awarded the exemption subsequently becomes a resident of
a | 11 |
| facility licensed under the Nursing Home Care Act or the MR/DD | 12 |
| Community Care Act , then the
exemption shall continue (i) so | 13 |
| long as the residence continues
to be occupied by the | 14 |
| qualifying person's spouse or (ii) if the
residence remains | 15 |
| unoccupied but is still owned by the person
qualified for the | 16 |
| homestead exemption. | 17 |
| (b) For the purposes of this Section, "disabled person"
| 18 |
| means a person unable to engage in any substantial gainful | 19 |
| activity by reason of a medically determinable physical or | 20 |
| mental impairment which can be expected to result in death or | 21 |
| has lasted or can be expected to last for a continuous period | 22 |
| of not less than 12 months. Disabled persons filing claims | 23 |
| under this Act shall submit proof of disability in such form | 24 |
| and manner as the Department shall by rule and regulation | 25 |
| prescribe. Proof that a claimant is eligible to receive | 26 |
| disability benefits under the Federal Social Security Act shall |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| constitute proof of disability for purposes of this Act. | 2 |
| Issuance of an Illinois Disabled Person Identification Card | 3 |
| stating that the claimant is under a Class 2 disability, as | 4 |
| defined in Section 4A of The Illinois Identification Card Act, | 5 |
| shall constitute proof that the person named thereon is a | 6 |
| disabled person for purposes of this Act. A disabled person not | 7 |
| covered under the Federal Social Security Act and not | 8 |
| presenting a Disabled Person Identification Card stating that | 9 |
| the claimant is under a Class 2 disability shall be examined by | 10 |
| a physician designated by the Department, and his status as a | 11 |
| disabled person determined using the same standards as used by | 12 |
| the Social Security Administration. The costs of any required | 13 |
| examination shall be borne by the claimant. | 14 |
| (c) For land improved with (i) an apartment building owned
| 15 |
| and operated as a cooperative or (ii) a life care facility as
| 16 |
| defined under Section 2 of the Life Care Facilities Act that is
| 17 |
| considered to be a cooperative, the maximum reduction from the
| 18 |
| value of the property, as equalized or assessed by the
| 19 |
| Department, shall be multiplied by the number of apartments or
| 20 |
| units occupied by a disabled person. The disabled person shall
| 21 |
| receive the homestead exemption upon meeting the following
| 22 |
| requirements: | 23 |
| (1) The property must be occupied as the primary | 24 |
| residence by the
disabled person. | 25 |
| (2) The disabled person must be liable by contract with
| 26 |
| the owner or owners of record for paying the apportioned
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| property taxes on the property of the cooperative or life
| 2 |
| care facility. In the case of a life care facility, the
| 3 |
| disabled person must be liable for paying the apportioned
| 4 |
| property taxes under a life care contract as defined in | 5 |
| Section 2 of the Life Care Facilities Act. | 6 |
| (3) The disabled person must be an owner of record of a
| 7 |
| legal or equitable interest in the cooperative apartment
| 8 |
| building. A leasehold interest does not meet this
| 9 |
| requirement.
| 10 |
| If a homestead exemption is granted under this subsection, the
| 11 |
| cooperative association or management firm shall credit the
| 12 |
| savings resulting from the exemption to the apportioned tax
| 13 |
| liability of the qualifying disabled person. The chief county
| 14 |
| assessment officer may request reasonable proof that the
| 15 |
| association or firm has properly credited the exemption. A
| 16 |
| person who willfully refuses to credit an exemption to the
| 17 |
| qualified disabled person is guilty of a Class B misdemeanor.
| 18 |
| (d) The chief county assessment officer shall determine the
| 19 |
| eligibility of property to receive the homestead exemption
| 20 |
| according to guidelines established by the Department. After a
| 21 |
| person has received an exemption under this Section, an annual
| 22 |
| verification of eligibility for the exemption shall be mailed
| 23 |
| to the taxpayer. | 24 |
| In counties with fewer than 3,000,000 inhabitants, the | 25 |
| chief county assessment officer shall provide to each
person | 26 |
| granted a homestead exemption under this Section a form
to |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| designate any other person to receive a duplicate of any
notice | 2 |
| of delinquency in the payment of taxes assessed and
levied | 3 |
| under this Code on the person's qualifying property. The
| 4 |
| duplicate notice shall be in addition to the notice required to
| 5 |
| be provided to the person receiving the exemption and shall be | 6 |
| given in the manner required by this Code. The person filing
| 7 |
| the request for the duplicate notice shall pay an
| 8 |
| administrative fee of $5 to the chief county assessment
| 9 |
| officer. The assessment officer shall then file the executed
| 10 |
| designation with the county collector, who shall issue the
| 11 |
| duplicate notices as indicated by the designation. A
| 12 |
| designation may be rescinded by the disabled person in the
| 13 |
| manner required by the chief county assessment officer. | 14 |
| (e) A taxpayer who claims an exemption under Section 15-165 | 15 |
| or 15-169 may not claim an exemption under this Section.
| 16 |
| (Source: P.A. 95-644, eff. 10-12-07.)
| 17 |
| (35 ILCS 200/15-170)
| 18 |
| Sec. 15-170. Senior Citizens Homestead Exemption. An | 19 |
| annual homestead
exemption limited, except as described here | 20 |
| with relation to cooperatives or
life care facilities, to a
| 21 |
| maximum reduction set forth below from the property's value, as | 22 |
| equalized or
assessed by the Department, is granted for | 23 |
| property that is occupied as a
residence by a person 65 years | 24 |
| of age or older who is liable for paying real
estate taxes on | 25 |
| the property and is an owner of record of the property or has a
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| legal or equitable interest therein as evidenced by a written | 2 |
| instrument,
except for a leasehold interest, other than a | 3 |
| leasehold interest of land on
which a single family residence | 4 |
| is located, which is occupied as a residence by
a person 65 | 5 |
| years or older who has an ownership interest therein, legal,
| 6 |
| equitable or as a lessee, and on which he or she is liable for | 7 |
| the payment
of property taxes. Before taxable year 2004, the | 8 |
| maximum reduction shall be $2,500 in counties with
3,000,000 or | 9 |
| more inhabitants and $2,000 in all other counties. For taxable | 10 |
| years 2004 through 2005, the maximum reduction shall be $3,000 | 11 |
| in all counties. For taxable years 2006 and 2007, the maximum | 12 |
| reduction shall be $3,500 and, for taxable years 2008 and | 13 |
| thereafter, the maximum reduction is $4,000 in all counties.
| 14 |
| For land
improved with an apartment building owned and | 15 |
| operated as a cooperative, the maximum reduction from the value | 16 |
| of the property, as
equalized
by the Department, shall be | 17 |
| multiplied by the number of apartments or units
occupied by a | 18 |
| person 65 years of age or older who is liable, by contract with
| 19 |
| the owner or owners of record, for paying property taxes on the | 20 |
| property and
is an owner of record of a legal or equitable | 21 |
| interest in the cooperative
apartment building, other than a | 22 |
| leasehold interest. For land improved with
a life care | 23 |
| facility, the maximum reduction from the value of the property, | 24 |
| as
equalized by the Department, shall be multiplied by the | 25 |
| number of apartments or
units occupied by persons 65 years of | 26 |
| age or older, irrespective of any legal,
equitable, or |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| leasehold interest in the facility, who are liable, under a
| 2 |
| contract with the owner or owners of record of the facility, | 3 |
| for paying
property taxes on the property. In a
cooperative or | 4 |
| a life care facility where a
homestead exemption has been | 5 |
| granted, the cooperative association or the
management firm of | 6 |
| the cooperative or facility shall credit the savings
resulting | 7 |
| from that exemption only to
the apportioned tax liability of | 8 |
| the owner or resident who qualified for
the exemption.
Any | 9 |
| person who willfully refuses to so credit the savings shall be | 10 |
| guilty of a
Class B misdemeanor. Under this Section and | 11 |
| Sections 15-175, 15-176, and 15-177, "life care
facility" means | 12 |
| a facility, as defined in Section 2 of the Life Care Facilities
| 13 |
| Act, with which the applicant for the homestead exemption has a | 14 |
| life care
contract as defined in that Act.
| 15 |
| When a homestead exemption has been granted under this | 16 |
| Section and the person
qualifying subsequently becomes a | 17 |
| resident of a facility licensed under the
Nursing Home Care Act | 18 |
| or the MR/DD Community Care Act , the exemption shall continue | 19 |
| so long as the residence
continues to be occupied by the | 20 |
| qualifying person's spouse if the spouse is 65
years of age or | 21 |
| older, or if the residence remains unoccupied but is still
| 22 |
| owned by the person qualified for the homestead exemption.
| 23 |
| A person who will be 65 years of age
during the current | 24 |
| assessment year
shall
be eligible to apply for the homestead | 25 |
| exemption during that assessment
year.
Application shall be | 26 |
| made during the application period in effect for the
county of |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| his residence.
| 2 |
| Beginning with assessment year 2003, for taxes payable in | 3 |
| 2004,
property
that is first occupied as a residence after | 4 |
| January 1 of any assessment year by
a person who is eligible | 5 |
| for the senior citizens homestead exemption under this
Section | 6 |
| must be granted a pro-rata exemption for the assessment year. | 7 |
| The
amount of the pro-rata exemption is the exemption
allowed | 8 |
| in the county under this Section divided by 365 and multiplied | 9 |
| by the
number of days during the assessment year the property | 10 |
| is occupied as a
residence by a
person eligible for the | 11 |
| exemption under this Section. The chief county
assessment | 12 |
| officer must adopt reasonable procedures to establish | 13 |
| eligibility
for this pro-rata exemption.
| 14 |
| The assessor or chief county assessment officer may | 15 |
| determine the eligibility
of a life care facility to receive | 16 |
| the benefits provided by this Section, by
affidavit, | 17 |
| application, visual inspection, questionnaire or other | 18 |
| reasonable
methods in order to insure that the tax savings | 19 |
| resulting from the exemption
are credited by the management | 20 |
| firm to the apportioned tax liability of each
qualifying | 21 |
| resident. The assessor may request reasonable proof that the
| 22 |
| management firm has so credited the exemption.
| 23 |
| The chief county assessment officer of each county with | 24 |
| less than 3,000,000
inhabitants shall provide to each person | 25 |
| allowed a homestead exemption under
this Section a form to | 26 |
| designate any other person to receive a
duplicate of any notice |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| of delinquency in the payment of taxes assessed and
levied | 2 |
| under this Code on the property of the person receiving the | 3 |
| exemption.
The duplicate notice shall be in addition to the | 4 |
| notice required to be
provided to the person receiving the | 5 |
| exemption, and shall be given in the
manner required by this | 6 |
| Code. The person filing the request for the duplicate
notice | 7 |
| shall pay a fee of $5 to cover administrative costs to the | 8 |
| supervisor of
assessments, who shall then file the executed | 9 |
| designation with the county
collector. Notwithstanding any | 10 |
| other provision of this Code to the contrary,
the filing of | 11 |
| such an executed designation requires the county collector to
| 12 |
| provide duplicate notices as indicated by the designation. A | 13 |
| designation may
be rescinded by the person who executed such | 14 |
| designation at any time, in the
manner and form required by the | 15 |
| chief county assessment officer.
| 16 |
| The assessor or chief county assessment officer may | 17 |
| determine the
eligibility of residential property to receive | 18 |
| the homestead exemption provided
by this Section by | 19 |
| application, visual inspection, questionnaire or other
| 20 |
| reasonable methods. The determination shall be made in | 21 |
| accordance with
guidelines established by the Department.
| 22 |
| In counties with less than 3,000,000 inhabitants, the | 23 |
| county board may by
resolution provide that if a person has | 24 |
| been granted a homestead exemption
under this Section, the | 25 |
| person qualifying need not reapply for the exemption.
| 26 |
| In counties with less than 3,000,000 inhabitants, if the |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| assessor or chief
county assessment officer requires annual | 2 |
| application for verification of
eligibility for an exemption | 3 |
| once granted under this Section, the application
shall be | 4 |
| mailed to the taxpayer.
| 5 |
| The assessor or chief county assessment officer shall | 6 |
| notify each person
who qualifies for an exemption under this | 7 |
| Section that the person may also
qualify for deferral of real | 8 |
| estate taxes under the Senior Citizens Real Estate
Tax Deferral | 9 |
| Act. The notice shall set forth the qualifications needed for
| 10 |
| deferral of real estate taxes, the address and telephone number | 11 |
| of
county collector, and a
statement that applications for | 12 |
| deferral of real estate taxes may be obtained
from the county | 13 |
| collector.
| 14 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 15 |
| no
reimbursement by the State is required for the | 16 |
| implementation of any mandate
created by this Section.
| 17 |
| (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07; | 18 |
| 95-876, eff. 8-21-08.)
| 19 |
| (35 ILCS 200/15-172)
| 20 |
| Sec. 15-172. Senior Citizens Assessment Freeze Homestead | 21 |
| Exemption.
| 22 |
| (a) This Section may be cited as the Senior Citizens | 23 |
| Assessment
Freeze Homestead Exemption.
| 24 |
| (b) As used in this Section:
| 25 |
| "Applicant" means an individual who has filed an |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| application under this
Section.
| 2 |
| "Base amount" means the base year equalized assessed value | 3 |
| of the residence
plus the first year's equalized assessed value | 4 |
| of any added improvements which
increased the assessed value of | 5 |
| the residence after the base year.
| 6 |
| "Base year" means the taxable year prior to the taxable | 7 |
| year for which the
applicant first qualifies and applies for | 8 |
| the exemption provided that in the
prior taxable year the | 9 |
| property was improved with a permanent structure that
was | 10 |
| occupied as a residence by the applicant who was liable for | 11 |
| paying real
property taxes on the property and who was either | 12 |
| (i) an owner of record of the
property or had legal or | 13 |
| equitable interest in the property as evidenced by a
written | 14 |
| instrument or (ii) had a legal or equitable interest as a | 15 |
| lessee in the
parcel of property that was single family | 16 |
| residence.
If in any subsequent taxable year for which the | 17 |
| applicant applies and
qualifies for the exemption the equalized | 18 |
| assessed value of the residence is
less than the equalized | 19 |
| assessed value in the existing base year
(provided that such | 20 |
| equalized assessed value is not
based
on an
assessed value that | 21 |
| results from a temporary irregularity in the property that
| 22 |
| reduces the
assessed value for one or more taxable years), then | 23 |
| that
subsequent taxable year shall become the base year until a | 24 |
| new base year is
established under the terms of this paragraph. | 25 |
| For taxable year 1999 only, the
Chief County Assessment Officer | 26 |
| shall review (i) all taxable years for which
the
applicant |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| applied and qualified for the exemption and (ii) the existing | 2 |
| base
year.
The assessment officer shall select as the new base | 3 |
| year the year with the
lowest equalized assessed value.
An | 4 |
| equalized assessed value that is based on an assessed value | 5 |
| that results
from a
temporary irregularity in the property that | 6 |
| reduces the assessed value for one
or more
taxable years shall | 7 |
| not be considered the lowest equalized assessed value.
The | 8 |
| selected year shall be the base year for
taxable year 1999 and | 9 |
| thereafter until a new base year is established under the
terms | 10 |
| of this paragraph.
| 11 |
| "Chief County Assessment Officer" means the County | 12 |
| Assessor or Supervisor of
Assessments of the county in which | 13 |
| the property is located.
| 14 |
| "Equalized assessed value" means the assessed value as | 15 |
| equalized by the
Illinois Department of Revenue.
| 16 |
| "Household" means the applicant, the spouse of the | 17 |
| applicant, and all persons
using the residence of the applicant | 18 |
| as their principal place of residence.
| 19 |
| "Household income" means the combined income of the members | 20 |
| of a household
for the calendar year preceding the taxable | 21 |
| year.
| 22 |
| "Income" has the same meaning as provided in Section 3.07 | 23 |
| of the Senior
Citizens and Disabled Persons Property Tax Relief | 24 |
| and Pharmaceutical Assistance
Act, except that, beginning in | 25 |
| assessment year 2001, "income" does not
include veteran's | 26 |
| benefits.
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| "Internal Revenue Code of 1986" means the United States | 2 |
| Internal Revenue Code
of 1986 or any successor law or laws | 3 |
| relating to federal income taxes in effect
for the year | 4 |
| preceding the taxable year.
| 5 |
| "Life care facility that qualifies as a cooperative" means | 6 |
| a facility as
defined in Section 2 of the Life Care Facilities | 7 |
| Act.
| 8 |
| "Maximum income limitation" means: | 9 |
| (1) $35,000 prior
to taxable year 1999; | 10 |
| (2) $40,000 in taxable years 1999 through 2003; | 11 |
| (3) $45,000 in taxable years 2004 through 2005; | 12 |
| (4) $50,000 in taxable years 2006 and 2007; and | 13 |
| (5) $55,000 in taxable year 2008 and thereafter.
| 14 |
| "Residence" means the principal dwelling place and | 15 |
| appurtenant structures
used for residential purposes in this | 16 |
| State occupied on January 1 of the
taxable year by a household | 17 |
| and so much of the surrounding land, constituting
the parcel | 18 |
| upon which the dwelling place is situated, as is used for
| 19 |
| residential purposes. If the Chief County Assessment Officer | 20 |
| has established a
specific legal description for a portion of | 21 |
| property constituting the
residence, then that portion of | 22 |
| property shall be deemed the residence for the
purposes of this | 23 |
| Section.
| 24 |
| "Taxable year" means the calendar year during which ad | 25 |
| valorem property taxes
payable in the next succeeding year are | 26 |
| levied.
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| (c) Beginning in taxable year 1994, a senior citizens | 2 |
| assessment freeze
homestead exemption is granted for real | 3 |
| property that is improved with a
permanent structure that is | 4 |
| occupied as a residence by an applicant who (i) is
65 years of | 5 |
| age or older during the taxable year, (ii) has a household | 6 |
| income that does not exceed the maximum income limitation, | 7 |
| (iii) is liable for paying real property taxes on
the
property, | 8 |
| and (iv) is an owner of record of the property or has a legal or
| 9 |
| equitable interest in the property as evidenced by a written | 10 |
| instrument. This
homestead exemption shall also apply to a | 11 |
| leasehold interest in a parcel of
property improved with a | 12 |
| permanent structure that is a single family residence
that is | 13 |
| occupied as a residence by a person who (i) is 65 years of age | 14 |
| or older
during the taxable year, (ii) has a household income | 15 |
| that does not exceed the maximum income limitation,
(iii)
has a | 16 |
| legal or equitable ownership interest in the property as | 17 |
| lessee, and (iv)
is liable for the payment of real property | 18 |
| taxes on that property.
| 19 |
| In counties of 3,000,000 or more inhabitants, the amount of | 20 |
| the exemption for all taxable years is the equalized assessed | 21 |
| value of the
residence in the taxable year for which | 22 |
| application is made minus the base
amount. In all other | 23 |
| counties, the amount of the exemption is as follows: (i) | 24 |
| through taxable year 2005 and for taxable year 2007 and | 25 |
| thereafter, the amount of this exemption shall be the equalized | 26 |
| assessed value of the
residence in the taxable year for which |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| application is made minus the base
amount; and (ii) for
taxable | 2 |
| year 2006, the amount of the exemption is as follows:
| 3 |
| (1) For an applicant who has a household income of | 4 |
| $45,000 or less, the amount of the exemption is the | 5 |
| equalized assessed value of the
residence in the taxable | 6 |
| year for which application is made minus the base
amount. | 7 |
| (2) For an applicant who has a household income | 8 |
| exceeding $45,000 but not exceeding $46,250, the amount of | 9 |
| the exemption is (i) the equalized assessed value of the
| 10 |
| residence in the taxable year for which application is made | 11 |
| minus the base
amount (ii) multiplied by 0.8. | 12 |
| (3) For an applicant who has a household income | 13 |
| exceeding $46,250 but not exceeding $47,500, the amount of | 14 |
| the exemption is (i) the equalized assessed value of the
| 15 |
| residence in the taxable year for which application is made | 16 |
| minus the base
amount (ii) multiplied by 0.6. | 17 |
| (4) For an applicant who has a household income | 18 |
| exceeding $47,500 but not exceeding $48,750, the amount of | 19 |
| the exemption is (i) the equalized assessed value of the
| 20 |
| residence in the taxable year for which application is made | 21 |
| minus the base
amount (ii) multiplied by 0.4. | 22 |
| (5) For an applicant who has a household income | 23 |
| exceeding $48,750 but not exceeding $50,000, the amount of | 24 |
| the exemption is (i) the equalized assessed value of the
| 25 |
| residence in the taxable year for which application is made | 26 |
| minus the base
amount (ii) multiplied by 0.2.
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| When the applicant is a surviving spouse of an applicant | 2 |
| for a prior year for
the same residence for which an exemption | 3 |
| under this Section has been granted,
the base year and base | 4 |
| amount for that residence are the same as for the
applicant for | 5 |
| the prior year.
| 6 |
| Each year at the time the assessment books are certified to | 7 |
| the County Clerk,
the Board of Review or Board of Appeals shall | 8 |
| give to the County Clerk a list
of the assessed values of | 9 |
| improvements on each parcel qualifying for this
exemption that | 10 |
| were added after the base year for this parcel and that
| 11 |
| increased the assessed value of the property.
| 12 |
| In the case of land improved with an apartment building | 13 |
| owned and operated as
a cooperative or a building that is a | 14 |
| life care facility that qualifies as a
cooperative, the maximum | 15 |
| reduction from the equalized assessed value of the
property is | 16 |
| limited to the sum of the reductions calculated for each unit
| 17 |
| occupied as a residence by a person or persons (i) 65 years of | 18 |
| age or older, (ii) with a
household income that does not exceed | 19 |
| the maximum income limitation, (iii) who is liable, by contract | 20 |
| with the
owner
or owners of record, for paying real property | 21 |
| taxes on the property, and (iv) who is
an owner of record of a | 22 |
| legal or equitable interest in the cooperative
apartment | 23 |
| building, other than a leasehold interest. In the instance of a
| 24 |
| cooperative where a homestead exemption has been granted under | 25 |
| this Section,
the cooperative association or its management | 26 |
| firm shall credit the savings
resulting from that exemption |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| only to the apportioned tax liability of the
owner who | 2 |
| qualified for the exemption. Any person who willfully refuses | 3 |
| to
credit that savings to an owner who qualifies for the | 4 |
| exemption is guilty of a
Class B misdemeanor.
| 5 |
| When a homestead exemption has been granted under this | 6 |
| Section and an
applicant then becomes a resident of a facility | 7 |
| licensed under the Nursing Home
Care Act or the MR/DD Community | 8 |
| Care Act , the exemption shall be granted in subsequent years so | 9 |
| long as the
residence (i) continues to be occupied by the | 10 |
| qualified applicant's spouse or
(ii) if remaining unoccupied, | 11 |
| is still owned by the qualified applicant for the
homestead | 12 |
| exemption.
| 13 |
| Beginning January 1, 1997, when an individual dies who | 14 |
| would have qualified
for an exemption under this Section, and | 15 |
| the surviving spouse does not
independently qualify for this | 16 |
| exemption because of age, the exemption under
this Section | 17 |
| shall be granted to the surviving spouse for the taxable year
| 18 |
| preceding and the taxable
year of the death, provided that, | 19 |
| except for age, the surviving spouse meets
all
other | 20 |
| qualifications for the granting of this exemption for those | 21 |
| years.
| 22 |
| When married persons maintain separate residences, the | 23 |
| exemption provided for
in this Section may be claimed by only | 24 |
| one of such persons and for only one
residence.
| 25 |
| For taxable year 1994 only, in counties having less than | 26 |
| 3,000,000
inhabitants, to receive the exemption, a person shall |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| submit an application by
February 15, 1995 to the Chief County | 2 |
| Assessment Officer
of the county in which the property is | 3 |
| located. In counties having 3,000,000
or more inhabitants, for | 4 |
| taxable year 1994 and all subsequent taxable years, to
receive | 5 |
| the exemption, a person
may submit an application to the Chief | 6 |
| County
Assessment Officer of the county in which the property | 7 |
| is located during such
period as may be specified by the Chief | 8 |
| County Assessment Officer. The Chief
County Assessment Officer | 9 |
| in counties of 3,000,000 or more inhabitants shall
annually | 10 |
| give notice of the application period by mail or by | 11 |
| publication. In
counties having less than 3,000,000 | 12 |
| inhabitants, beginning with taxable year
1995 and thereafter, | 13 |
| to receive the exemption, a person
shall
submit an
application | 14 |
| by July 1 of each taxable year to the Chief County Assessment
| 15 |
| Officer of the county in which the property is located. A | 16 |
| county may, by
ordinance, establish a date for submission of | 17 |
| applications that is
different than
July 1.
The applicant shall | 18 |
| submit with the
application an affidavit of the applicant's | 19 |
| total household income, age,
marital status (and if married the | 20 |
| name and address of the applicant's spouse,
if known), and | 21 |
| principal dwelling place of members of the household on January
| 22 |
| 1 of the taxable year. The Department shall establish, by rule, | 23 |
| a method for
verifying the accuracy of affidavits filed by | 24 |
| applicants under this Section, and the Chief County Assessment | 25 |
| Officer may conduct audits of any taxpayer claiming an | 26 |
| exemption under this Section to verify that the taxpayer is |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| eligible to receive the exemption. Each application shall | 2 |
| contain or be verified by a written declaration that it is made | 3 |
| under the penalties of perjury. A taxpayer's signing a | 4 |
| fraudulent application under this Act is perjury, as defined in | 5 |
| Section 32-2 of the Criminal Code of 1961.
The applications | 6 |
| shall be clearly marked as applications for the Senior
Citizens | 7 |
| Assessment Freeze Homestead Exemption and must contain a notice | 8 |
| that any taxpayer who receives the exemption is subject to an | 9 |
| audit by the Chief County Assessment Officer.
| 10 |
| Notwithstanding any other provision to the contrary, in | 11 |
| counties having fewer
than 3,000,000 inhabitants, if an | 12 |
| applicant fails
to file the application required by this | 13 |
| Section in a timely manner and this
failure to file is due to a | 14 |
| mental or physical condition sufficiently severe so
as to | 15 |
| render the applicant incapable of filing the application in a | 16 |
| timely
manner, the Chief County Assessment Officer may extend | 17 |
| the filing deadline for
a period of 30 days after the applicant | 18 |
| regains the capability to file the
application, but in no case | 19 |
| may the filing deadline be extended beyond 3
months of the | 20 |
| original filing deadline. In order to receive the extension
| 21 |
| provided in this paragraph, the applicant shall provide the | 22 |
| Chief County
Assessment Officer with a signed statement from | 23 |
| the applicant's physician
stating the nature and extent of the | 24 |
| condition, that, in the
physician's opinion, the condition was | 25 |
| so severe that it rendered the applicant
incapable of filing | 26 |
| the application in a timely manner, and the date on which
the |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| applicant regained the capability to file the application.
| 2 |
| Beginning January 1, 1998, notwithstanding any other | 3 |
| provision to the
contrary, in counties having fewer than | 4 |
| 3,000,000 inhabitants, if an applicant
fails to file the | 5 |
| application required by this Section in a timely manner and
| 6 |
| this failure to file is due to a mental or physical condition | 7 |
| sufficiently
severe so as to render the applicant incapable of | 8 |
| filing the application in a
timely manner, the Chief County | 9 |
| Assessment Officer may extend the filing
deadline for a period | 10 |
| of 3 months. In order to receive the extension provided
in this | 11 |
| paragraph, the applicant shall provide the Chief County | 12 |
| Assessment
Officer with a signed statement from the applicant's | 13 |
| physician stating the
nature and extent of the condition, and | 14 |
| that, in the physician's opinion, the
condition was so severe | 15 |
| that it rendered the applicant incapable of filing the
| 16 |
| application in a timely manner.
| 17 |
| In counties having less than 3,000,000 inhabitants, if an | 18 |
| applicant was
denied an exemption in taxable year 1994 and the | 19 |
| denial occurred due to an
error on the part of an assessment
| 20 |
| official, or his or her agent or employee, then beginning in | 21 |
| taxable year 1997
the
applicant's base year, for purposes of | 22 |
| determining the amount of the exemption,
shall be 1993 rather | 23 |
| than 1994. In addition, in taxable year 1997, the
applicant's | 24 |
| exemption shall also include an amount equal to (i) the amount | 25 |
| of
any exemption denied to the applicant in taxable year 1995 | 26 |
| as a result of using
1994, rather than 1993, as the base year, |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| (ii) the amount of any exemption
denied to the applicant in | 2 |
| taxable year 1996 as a result of using 1994, rather
than 1993, | 3 |
| as the base year, and (iii) the amount of the exemption | 4 |
| erroneously
denied for taxable year 1994.
| 5 |
| For purposes of this Section, a person who will be 65 years | 6 |
| of age during the
current taxable year shall be eligible to | 7 |
| apply for the homestead exemption
during that taxable year. | 8 |
| Application shall be made during the application
period in | 9 |
| effect for the county of his or her residence.
| 10 |
| The Chief County Assessment Officer may determine the | 11 |
| eligibility of a life
care facility that qualifies as a | 12 |
| cooperative to receive the benefits
provided by this Section by | 13 |
| use of an affidavit, application, visual
inspection, | 14 |
| questionnaire, or other reasonable method in order to insure | 15 |
| that
the tax savings resulting from the exemption are credited | 16 |
| by the management
firm to the apportioned tax liability of each | 17 |
| qualifying resident. The Chief
County Assessment Officer may | 18 |
| request reasonable proof that the management firm
has so | 19 |
| credited that exemption.
| 20 |
| Except as provided in this Section, all information | 21 |
| received by the chief
county assessment officer or the | 22 |
| Department from applications filed under this
Section, or from | 23 |
| any investigation conducted under the provisions of this
| 24 |
| Section, shall be confidential, except for official purposes or
| 25 |
| pursuant to official procedures for collection of any State or | 26 |
| local tax or
enforcement of any civil or criminal penalty or |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| sanction imposed by this Act or
by any statute or ordinance | 2 |
| imposing a State or local tax. Any person who
divulges any such | 3 |
| information in any manner, except in accordance with a proper
| 4 |
| judicial order, is guilty of a Class A misdemeanor.
| 5 |
| Nothing contained in this Section shall prevent the | 6 |
| Director or chief county
assessment officer from publishing or | 7 |
| making available reasonable statistics
concerning the | 8 |
| operation of the exemption contained in this Section in which
| 9 |
| the contents of claims are grouped into aggregates in such a | 10 |
| way that
information contained in any individual claim shall | 11 |
| not be disclosed.
| 12 |
| (d) Each Chief County Assessment Officer shall annually | 13 |
| publish a notice
of availability of the exemption provided | 14 |
| under this Section. The notice
shall be published at least 60 | 15 |
| days but no more than 75 days prior to the date
on which the | 16 |
| application must be submitted to the Chief County Assessment
| 17 |
| Officer of the county in which the property is located. The | 18 |
| notice shall
appear in a newspaper of general circulation in | 19 |
| the county.
| 20 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 21 |
| no reimbursement by the State is required for the | 22 |
| implementation of any mandate created by this Section.
| 23 |
| (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07.)"; | 24 |
| and
| 25 |
| on page 303, after line 3, by inserting the following: |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| "Section 90-73. The Alternative Health Care Delivery Act is | 2 |
| amended by changing Section 15 as follows:
| 3 |
| (210 ILCS 3/15)
| 4 |
| Sec. 15. License required. No health care facility or | 5 |
| program that
meets the definition and scope of an alternative | 6 |
| health care model shall
operate as such unless it is a | 7 |
| participant in a demonstration program under
this Act and | 8 |
| licensed by the Department as an alternative health care model.
| 9 |
| The provisions of this Section as they relate to subacute care | 10 |
| hospitals
shall not apply to hospitals licensed under the | 11 |
| Illinois Hospital Licensing Act
or skilled nursing facilities | 12 |
| licensed under the Illinois Nursing Home Care Act or the MR/DD | 13 |
| Community Care Act ;
provided, however, that the facilities | 14 |
| shall not hold themselves out to the
public as subacute care | 15 |
| hospitals.
The provisions of this Act concerning children's | 16 |
| respite care centers
shall not apply to any facility licensed | 17 |
| under the Hospital Licensing Act, the
Nursing Home Care Act, | 18 |
| the MR/DD Community Care Act, or the University of Illinois | 19 |
| Hospital Act that provides
respite care services to children.
| 20 |
| (Source: P.A. 95-331, eff. 8-21-07.)"; and
| 21 |
| on page 305, line 9, by replacing "75" with "145"; and | 22 |
| on page 307, by replacing lines 2 through 4 with the following: |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| " MR/DD Community Care Act . However, a long term care facility | 2 |
| licensed under either of those Acts may convert distinct parts | 3 |
| of the facility to assisted living. If the long term care | 4 |
| facility elects to"; and | 5 |
| on page 312, by replacing lines 7 through 9 with the following: | 6 |
| " MR/DD Community Care Act . A long term care facility licensed | 7 |
| under either of those Acts may, however, convert sections of | 8 |
| the facility to assisted living. If the long term care facility | 9 |
| elects to do so, the"; and | 10 |
| by replacing lines 16 through 25 on page 317, all of pages 318 | 11 |
| through 321, and lines 1 and 2 on page 322 with the following:
| 12 |
| "(210 ILCS 9/145)
| 13 |
| Sec. 145. Conversion of facilities. Entities licensed as
| 14 |
| facilities
under the Nursing Home Care Act or the MR/DD | 15 |
| Community Care Act may elect to convert
to a license under this | 16 |
| Act. Any facility that
chooses to convert, in whole or in part, | 17 |
| shall follow the requirements in the
Nursing Home Care Act or | 18 |
| the MR/DD Community Care Act, as applicable, and rules | 19 |
| promulgated under those Acts that Act regarding voluntary
| 20 |
| closure and notice to residents. Any conversion of existing | 21 |
| beds licensed
under the Nursing Home Care Act or the MR/DD | 22 |
| Community Care Act to licensure under this Act is exempt from
| 23 |
| review by the Health Facilities Planning Board.
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| (Source: P.A. 91-656, eff. 1-1-01.)"; and
| 2 |
| on page 332, line 23, by replacing "1-113, 3-202.5, and 3-206" | 3 |
| with "1-113 and 3-202.5"; and | 4 |
| on page 333, by replacing lines 10 and 11 with the following: | 5 |
| "includes skilled nursing facilities and intermediate care | 6 |
| facilities as those terms are defined in"; and | 7 |
| on page 335, by replacing lines 6 through 8 with the following: | 8 |
| " (12) A facility licensed under the MR/DD Community | 9 |
| Care Act. "; and | 10 |
| by deleting lines 14 through 25 on page 341, all of pages 342 | 11 |
| through 345, and lines 1 through 5 on page 346; and | 12 |
| on page 357, line 11, by replacing "and" with " facilities | 13 |
| licensed under the MR/DD Community Care Act, and"; and | 14 |
| on page 369, lines 9 and 10, by deleting " or the MR/DD | 15 |
| Community Care Act "; and | 16 |
| on page 369, line 23, after the period, by inserting " The term | 17 |
| also means any facility licensed under the MR/DD Community Care | 18 |
| Act. "; and |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| on page 391, line 24, by deleting "5B-8,"; and | 2 |
| by deleting lines 19 through 25 on page 406, all of pages 407 | 3 |
| and 408, and lines 1 through 4 on page 409; and | 4 |
| on page 414, after line 12, by inserting the following: | 5 |
| "Section 90-157. The Elder Abuse and Neglect Act is amended | 6 |
| by changing Section 2 as follows:
| 7 |
| (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 8 |
| Sec. 2. Definitions. As used in this Act, unless the | 9 |
| context
requires otherwise:
| 10 |
| (a) "Abuse" means causing any physical, mental or sexual | 11 |
| injury to an
eligible adult, including exploitation of such | 12 |
| adult's financial resources.
| 13 |
| Nothing in this Act shall be construed to mean that an | 14 |
| eligible adult is a
victim of abuse, neglect, or self-neglect | 15 |
| for the sole reason that he or she is being
furnished with or | 16 |
| relies upon treatment by spiritual means through prayer
alone, | 17 |
| in accordance with the tenets and practices of a recognized | 18 |
| church
or religious denomination.
| 19 |
| Nothing in this Act shall be construed to mean that an | 20 |
| eligible adult is a
victim of abuse because of health care | 21 |
| services provided or not provided by
licensed health care | 22 |
| professionals.
|
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| (a-5) "Abuser" means a person who abuses, neglects, or | 2 |
| financially
exploits an eligible adult.
| 3 |
| (a-7) "Caregiver" means a person who either as a result of | 4 |
| a family
relationship, voluntarily, or in exchange for | 5 |
| compensation has assumed
responsibility for all or a portion of | 6 |
| the care of an eligible adult who needs
assistance with | 7 |
| activities of daily
living.
| 8 |
| (b) "Department" means the Department on Aging of the State | 9 |
| of Illinois.
| 10 |
| (c) "Director" means the Director of the Department.
| 11 |
| (d) "Domestic living situation" means a residence where the | 12 |
| eligible
adult lives alone or with his or her family or a | 13 |
| caregiver, or others,
or a board and care home or other | 14 |
| community-based unlicensed facility, but
is not:
| 15 |
| (1) A licensed facility as defined in Section 1-113 of | 16 |
| the Nursing Home
Care Act;
| 17 |
| (1.5) A facility licensed under the MR/DD Community | 18 |
| Care Act;
| 19 |
| (2) A "life care facility" as defined in the Life Care | 20 |
| Facilities Act;
| 21 |
| (3) A home, institution, or other place operated by the | 22 |
| federal
government or agency thereof or by the State of | 23 |
| Illinois;
| 24 |
| (4) A hospital, sanitarium, or other institution, the | 25 |
| principal activity
or business of which is the diagnosis, | 26 |
| care, and treatment of human illness
through the |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| maintenance and operation of organized facilities | 2 |
| therefor,
which is required to be licensed under the | 3 |
| Hospital Licensing Act;
| 4 |
| (5) A "community living facility" as defined in the | 5 |
| Community Living
Facilities Licensing Act;
| 6 |
| (6) A "community residential alternative" as defined | 7 |
| in the Community
Residential Alternatives Licensing Act;
| 8 |
| (7) A "community-integrated living arrangement" as | 9 |
| defined in
the Community-Integrated Living Arrangements | 10 |
| Licensure and Certification Act;
| 11 |
| (8) An assisted living or shared housing establishment | 12 |
| as defined in the Assisted Living and Shared Housing Act; | 13 |
| or
| 14 |
| (9) A supportive living facility as described in | 15 |
| Section 5-5.01a of the Illinois Public Aid Code.
| 16 |
| (e) "Eligible adult" means a person 60 years of age or | 17 |
| older who
resides in a domestic living situation and is, or is | 18 |
| alleged
to be, abused, neglected, or financially exploited by | 19 |
| another individual or who neglects himself or herself.
| 20 |
| (f) "Emergency" means a situation in which an eligible | 21 |
| adult is living
in conditions presenting a risk of death or | 22 |
| physical, mental or sexual
injury and the provider agency has | 23 |
| reason to believe the eligible adult is
unable to
consent to | 24 |
| services which would alleviate that risk.
| 25 |
| (f-5) "Mandated reporter" means any of the following | 26 |
| persons
while engaged in carrying out their professional |
|
|
|
09600SB1704sam001 |
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LRB096 10993 DRJ 22884 a |
|
| 1 |
| duties:
| 2 |
| (1) a professional or professional's delegate while | 3 |
| engaged in: (i) social
services, (ii) law enforcement, | 4 |
| (iii) education, (iv) the care of an eligible
adult or | 5 |
| eligible adults, or (v) any of the occupations required to | 6 |
| be licensed
under
the Clinical Psychologist Licensing Act, | 7 |
| the Clinical Social Work and Social
Work Practice Act, the | 8 |
| Illinois Dental Practice Act, the Dietetic and Nutrition
| 9 |
| Services Practice Act, the Marriage and Family Therapy | 10 |
| Licensing Act, the
Medical Practice Act of 1987, the | 11 |
| Naprapathic Practice Act, the
Nurse Practice Act, the | 12 |
| Nursing Home
Administrators Licensing and
Disciplinary | 13 |
| Act, the Illinois Occupational Therapy Practice Act, the | 14 |
| Illinois
Optometric Practice Act of 1987, the Pharmacy | 15 |
| Practice Act, the
Illinois Physical Therapy Act, the | 16 |
| Physician Assistant Practice Act of 1987,
the Podiatric | 17 |
| Medical Practice Act of 1987, the Respiratory Care Practice
| 18 |
| Act,
the Professional Counselor and
Clinical Professional | 19 |
| Counselor Licensing Act, the Illinois Speech-Language
| 20 |
| Pathology and Audiology Practice Act, the Veterinary | 21 |
| Medicine and Surgery
Practice Act of 2004, and the Illinois | 22 |
| Public Accounting Act;
| 23 |
| (2) an employee of a vocational rehabilitation | 24 |
| facility prescribed or
supervised by the Department of | 25 |
| Human Services;
| 26 |
| (3) an administrator, employee, or person providing |
|
|
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| 1 |
| services in or through
an unlicensed community based | 2 |
| facility;
| 3 |
| (4) any religious practitioner who provides treatment | 4 |
| by prayer or spiritual means alone in accordance with the | 5 |
| tenets and practices of a recognized church or religious | 6 |
| denomination, except as to information received in any | 7 |
| confession or sacred communication enjoined by the | 8 |
| discipline of the religious denomination to be held | 9 |
| confidential;
| 10 |
| (5) field personnel of the Department of Healthcare and | 11 |
| Family Services, Department of Public
Health, and | 12 |
| Department of Human Services, and any county or
municipal | 13 |
| health department;
| 14 |
| (6) personnel of the Department of Human Services, the | 15 |
| Guardianship and
Advocacy Commission, the State Fire | 16 |
| Marshal, local fire departments, the
Department on Aging | 17 |
| and its subsidiary Area Agencies on Aging and provider
| 18 |
| agencies, and the Office of State Long Term Care Ombudsman;
| 19 |
| (7) any employee of the State of Illinois not otherwise | 20 |
| specified herein
who is involved in providing services to | 21 |
| eligible adults, including
professionals providing medical | 22 |
| or rehabilitation services and all
other persons having | 23 |
| direct contact with eligible adults;
| 24 |
| (8) a person who performs the duties of a coroner
or | 25 |
| medical examiner; or
| 26 |
| (9) a person who performs the duties of a paramedic or |
|
|
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| an emergency
medical
technician.
| 2 |
| (g) "Neglect" means
another individual's failure to | 3 |
| provide an eligible
adult with or willful withholding from an | 4 |
| eligible adult the necessities of
life including, but not | 5 |
| limited to, food, clothing, shelter or health care.
This | 6 |
| subsection does not create any new affirmative duty to provide | 7 |
| support to
eligible adults. Nothing in this Act shall be | 8 |
| construed to mean that an
eligible adult is a victim of neglect | 9 |
| because of health care services provided
or not provided by | 10 |
| licensed health care professionals.
| 11 |
| (h) "Provider agency" means any public or nonprofit agency | 12 |
| in a planning
and service area appointed by the regional | 13 |
| administrative agency with prior
approval by the Department on | 14 |
| Aging to receive and assess reports of
alleged or suspected | 15 |
| abuse, neglect, or financial exploitation.
| 16 |
| (i) "Regional administrative agency" means any public or | 17 |
| nonprofit
agency in a planning and service area so designated | 18 |
| by the Department,
provided that the designated Area Agency on | 19 |
| Aging shall be designated the
regional administrative agency if | 20 |
| it so requests.
The Department shall assume the functions of | 21 |
| the regional administrative
agency for any planning and service | 22 |
| area where another agency is not so
designated.
| 23 |
| (i-5) "Self-neglect" means a condition that is the result | 24 |
| of an eligible adult's inability, due to physical or mental | 25 |
| impairments, or both, or a diminished capacity, to perform | 26 |
| essential self-care tasks that substantially threaten his or |
|
|
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| her own health, including: providing essential food, clothing, | 2 |
| shelter, and health care; and obtaining goods and services | 3 |
| necessary to maintain physical health, mental health, | 4 |
| emotional well-being, and general safety.
| 5 |
| (j) "Substantiated case" means a reported case of alleged | 6 |
| or suspected
abuse, neglect, financial exploitation, or | 7 |
| self-neglect in which a provider agency,
after assessment, | 8 |
| determines that there is reason to believe abuse,
neglect, or | 9 |
| financial exploitation has occurred.
| 10 |
| (Source: P.A. 94-1064, eff. 1-1-07; 95-639, eff. 10-5-07; | 11 |
| 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
| 12 |
| Section 90-158. The Older Adult Services Act is amended by | 13 |
| changing Section 10 as follows: | 14 |
| (320 ILCS 42/10)
| 15 |
| Sec. 10. Definitions. In this Act: | 16 |
| "Advisory Committee" means the Older Adult Services | 17 |
| Advisory Committee. | 18 |
| "Certified nursing home" means any nursing home licensed | 19 |
| under the Nursing Home Care Act or the MR/DD Community Care Act | 20 |
| and certified under Title XIX of the Social Security Act to | 21 |
| participate as a vendor in the medical assistance program under | 22 |
| Article V of the Illinois Public Aid Code. | 23 |
| "Comprehensive case management" means the assessment of | 24 |
| needs and preferences of an older adult at the direction of the |
|
|
|
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| older adult or the older adult's designated representative and | 2 |
| the arrangement, coordination, and monitoring of an optimum | 3 |
| package of services to meet the needs of the older adult.
| 4 |
| "Consumer-directed" means decisions made by an informed | 5 |
| older adult from available services and care options, which may | 6 |
| range from independently making all decisions and managing | 7 |
| services directly to limited participation in decision-making, | 8 |
| based upon the functional and cognitive level of the older | 9 |
| adult. | 10 |
| "Coordinated point of entry" means an integrated access | 11 |
| point where consumers receive information and assistance, | 12 |
| assessment of needs, care planning, referral, assistance in | 13 |
| completing applications, authorization of services where | 14 |
| permitted, and follow-up to ensure that referrals and services | 15 |
| are accessed. | 16 |
| "Department" means the Department on Aging, in | 17 |
| collaboration with the departments of Public Health and | 18 |
| Healthcare and Family Services and other relevant agencies and | 19 |
| in consultation with the Advisory Committee, except as | 20 |
| otherwise provided.
| 21 |
| "Departments" means the Department on Aging, the | 22 |
| departments of Public Health and Healthcare and Family | 23 |
| Services, and other relevant agencies in collaboration with | 24 |
| each other and in consultation with the Advisory Committee, | 25 |
| except as otherwise provided.
| 26 |
| "Family caregiver" means an adult family member or another |
|
|
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| individual who is an uncompensated provider of home-based or | 2 |
| community-based care to an older adult. | 3 |
| "Health services" means activities that promote, maintain, | 4 |
| improve, or restore mental or physical health or that are | 5 |
| palliative in nature.
| 6 |
| "Older adult" means a person age 60 or older and, if | 7 |
| appropriate, the person's family caregiver. | 8 |
| "Person-centered" means a process that builds upon an older | 9 |
| adult's strengths and capacities to engage in activities that | 10 |
| promote community life and that reflect the older adult's | 11 |
| preferences, choices, and abilities, to the extent | 12 |
| practicable. | 13 |
| "Priority service area" means an area identified by the | 14 |
| Departments as being less-served with respect to the | 15 |
| availability of and access to older adult services in Illinois. | 16 |
| The Departments shall determine by rule the criteria and | 17 |
| standards used to designate such areas. | 18 |
| "Priority service plan" means the plan developed pursuant | 19 |
| to Section 25 of this Act. | 20 |
| "Provider" means any supplier of services under this Act.
| 21 |
| "Residential setting" means the place where an older adult | 22 |
| lives. | 23 |
| "Restructuring" means the transformation of Illinois' | 24 |
| comprehensive system of older adult services from funding | 25 |
| primarily a facility-based service delivery system to | 26 |
| primarily a home-based and community-based system, taking into |
|
|
|
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| account the continuing need for 24-hour skilled nursing care | 2 |
| and congregate housing with services. | 3 |
| "Services" means the range of housing, health, financial, | 4 |
| and supportive services, other than acute health care services, | 5 |
| that are delivered to an older adult with functional or | 6 |
| cognitive limitations, or socialization needs, who requires | 7 |
| assistance to perform activities of daily living, regardless of | 8 |
| the residential setting in which the services are delivered. | 9 |
| "Supportive services" means non-medical assistance given | 10 |
| over a period of time to an older adult that is needed to | 11 |
| compensate for the older adult's functional or cognitive | 12 |
| limitations, or socialization needs, or those services | 13 |
| designed to restore, improve, or maintain the older adult's | 14 |
| functional or cognitive abilities.
| 15 |
| (Source: P.A. 95-331, eff. 8-21-07.)"; and | 16 |
| on page 422, after line 6, by inserting the following: | 17 |
| "Section 90-167. The Protection and Advocacy for Mentally | 18 |
| Ill Persons Act is amended by changing Section 3 as follows:
| 19 |
| (405 ILCS 45/3) (from Ch. 91 1/2, par. 1353)
| 20 |
| Sec. 3. Powers and Duties.
| 21 |
| (A) In order to properly exercise its powers
and duties, | 22 |
| the agency shall have the authority to:
| 23 |
| (1) Investigate incidents of abuse and neglect of |
|
|
|
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| mentally ill persons
if the incidents are reported to the | 2 |
| agency or if there is probable cause
to believe that the | 3 |
| incidents occurred. In case of conflict with
provisions of | 4 |
| the Abused and Neglected Child Reporting Act or the Nursing
| 5 |
| Home Care Act, the provisions of those Acts shall apply.
| 6 |
| (2) Pursue administrative, legal and other appropriate | 7 |
| remedies to
ensure the protection of the rights of mentally | 8 |
| ill persons who are
receiving care and treatment in this | 9 |
| State.
| 10 |
| (3) Pursue administrative, legal and other remedies on | 11 |
| behalf of an individual who:
| 12 |
| (a) was a mentally ill individual; and
| 13 |
| (b) is a resident of this State,
but only with | 14 |
| respect to matters which occur within 90 days after the
| 15 |
| date of the discharge of such individual from a | 16 |
| facility providing care and treatment.
| 17 |
| (4) Establish a board which shall:
| 18 |
| (a) advise the protection and advocacy system on | 19 |
| policies and priorities
to be carried out in
protecting | 20 |
| and advocating the rights of mentally ill individuals; | 21 |
| and
| 22 |
| (b) include attorneys, mental health | 23 |
| professionals, individuals from the
public who are | 24 |
| knowledgeable about mental illness, a provider of | 25 |
| mental
health services, individuals who have received | 26 |
| or are receiving mental
health services and family |
|
|
|
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| members of such individuals. At least one-half
the | 2 |
| members of the board shall be individuals who have
| 3 |
| received or are receiving mental health services or who | 4 |
| are family members
of such individuals.
| 5 |
| (5) On January 1, 1988, and on January 1 of each | 6 |
| succeeding year,
prepare and transmit to the Secretary of | 7 |
| the United States Department of
Health and Human Services | 8 |
| and to the Illinois Secretary of Human Services a report | 9 |
| describing the activities,
accomplishments and | 10 |
| expenditures of the protection and advocacy system
during | 11 |
| the most recently completed fiscal year.
| 12 |
| (B) The agency shall have access to all mental health | 13 |
| facilities as
defined in Sections 1-107 and 1-114 of the Mental | 14 |
| Health and Developmental
Disabilities Code, all facilities as | 15 |
| defined in Section 1-113 of the
Nursing Home Care Act, all | 16 |
| facilities as defined in Section 1-113 of the
MR/DD Community | 17 |
| Care Act, all facilities as defined in Section 2.06 of the | 18 |
| Child
Care Act of 1969, as now or hereafter amended, and all | 19 |
| other facilities
providing care or treatment to mentally ill | 20 |
| persons. Such access shall be
granted for the purposes of | 21 |
| meeting with residents and staff, informing
them of services | 22 |
| available from the agency, distributing written
information | 23 |
| about the agency and the rights of persons who are mentally
| 24 |
| ill, conducting scheduled and unscheduled visits, and | 25 |
| performing other
activities designed to protect the rights of | 26 |
| mentally ill persons.
|
|
|
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| (C) The agency shall have access to all records of mentally | 2 |
| ill
persons who are receiving care or treatment from a | 3 |
| facility, subject to the
limitations of this Act, the Mental | 4 |
| Health and Developmental Disabilities
Confidentiality Act, the | 5 |
| Nursing Home Care Act and the Child Care Act of
1969, as now or | 6 |
| hereafter amended. If the mentally ill person has a legal
| 7 |
| guardian other than the State or a designee of the State, the | 8 |
| facility
director shall disclose the guardian's name, address | 9 |
| and telephone number
to the agency upon its request. In cases | 10 |
| of conflict with provisions of
the Abused and Neglected Child | 11 |
| Reporting Act and the Nursing Home Care Act,
the provisions of | 12 |
| the Abused and Neglected Child Reporting Act and the
Nursing | 13 |
| Home Care Act shall apply. The agency shall also have access, | 14 |
| for
the purpose of inspection and copying, to the records of a | 15 |
| mentally ill
person (i) who by reason of his or her mental or | 16 |
| physical condition is
unable to authorize the agency to have | 17 |
| such access; (ii) who does not have
a legal guardian or for | 18 |
| whom the State or a designee of the State is the
legal | 19 |
| guardian; and (iii) with respect to whom a complaint has been
| 20 |
| received by the agency or with respect to whom there is | 21 |
| probable cause to
believe that such person has been subjected | 22 |
| to abuse or neglect.
| 23 |
| The agency shall provide written notice
to the mentally ill | 24 |
| person and the State guardian of the nature of the
complaint | 25 |
| based upon which the agency has gained access to
the records. | 26 |
| No record or the contents of the record shall be redisclosed
by |
|
|
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| 1 |
| the agency unless the person who is mentally ill and the State | 2 |
| guardian
are provided 7 days advance written notice, except in | 3 |
| emergency situations,
of the agency's intent to redisclose such | 4 |
| record. Within such 7-day
period, the mentally ill person or | 5 |
| the State guardian may seek an
injunction prohibiting the | 6 |
| agency's redisclosure of such record on the
grounds that such | 7 |
| redisclosure is contrary to the interests of the mentally
ill | 8 |
| person.
| 9 |
| Upon request, the authorized agency shall be entitled to | 10 |
| inspect and copy
any clinical or trust fund records of mentally | 11 |
| ill persons which may further
the agency's investigation
of | 12 |
| alleged problems affecting numbers of mentally ill persons. | 13 |
| When
required by law, any personally identifiable information | 14 |
| of mentally ill
persons shall be removed from the records. | 15 |
| However, the agency may not
inspect or copy any records or | 16 |
| other materials when the removal of
personally identifiable | 17 |
| information imposes an unreasonable burden on any
facility as | 18 |
| defined by the Mental Health and Developmental Disabilities
| 19 |
| Code, the Nursing Home Care Act or the Child Care Act of 1969, | 20 |
| or any other
facility providing care or treatment to mentally | 21 |
| ill persons.
| 22 |
| (D) Prior to instituting any legal action in a federal or | 23 |
| State
court on behalf of a mentally ill individual, an eligible | 24 |
| protection and
advocacy system, or a State agency or nonprofit
| 25 |
| organization which entered into a contract with such an | 26 |
| eligible system under
Section 104(a) of the federal Protection |
|
|
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| 1 |
| and Advocacy for Mentally Ill
Individuals Act of 1986, shall | 2 |
| exhaust in a timely manner all
administrative remedies where | 3 |
| appropriate. If, in pursuing administrative
remedies, the | 4 |
| system, State agency or organization determines that any
matter | 5 |
| with respect to such individual will not be resolved within a
| 6 |
| reasonable time, the system, State agency or organization may | 7 |
| pursue
alternative remedies, including the initiation of | 8 |
| appropriate legal action.
| 9 |
| (Source: P.A. 89-507, eff. 7-1-97.)"; and
| 10 |
| on page 431, by replacing lines 19 and 20 with the following: | 11 |
| "otherwise subject to the Child Care Act of 1969 or the MR/DD | 12 |
| Community Care Act Nursing Home Care Act , as now or"; and | 13 |
| on page 455, after line 6, by inserting the following: | 14 |
| "Section 90-187. The Secure Residential Youth Care | 15 |
| Facility Licensing Act is amended by changing Section 45-10 as | 16 |
| follows:
| 17 |
| (730 ILCS 175/45-10)
| 18 |
| Sec. 45-10. Definitions. As used in this Act:
| 19 |
| "Department" means the Illinois Department of Corrections.
| 20 |
| "Director" means the Director of Corrections.
| 21 |
| "Secure residential youth care facility" means a facility | 22 |
| (1) where youth are
placed and reside for care, treatment, and |
|
|
|
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| custody; (2) that is designed and
operated so as to ensure that | 2 |
| all entrances and exits from the facility, or
from a building | 3 |
| or distinct part of a building within the facility, are under
| 4 |
| the exclusive control of the staff of the facility, whether or | 5 |
| not the youth
has freedom of movement within the perimeter of | 6 |
| the facility or within the
perimeter of a building or distinct | 7 |
| part of a building within the facility; and
(3) that uses | 8 |
| physically restrictive construction including, but not limited
| 9 |
| to, locks, bolts, gates, doors, bars, fences, and screen | 10 |
| barriers. This
definition does not include jails, prisons, | 11 |
| detention centers, or other such
correctional facilities; | 12 |
| State operated mental health facilities; or facilities
| 13 |
| operating as psychiatric hospitals under a license pursuant to | 14 |
| the MR/DD Community Care Act, the Nursing Home
Care Act , or the | 15 |
| Hospital Licensing Act.
| 16 |
| "Youth" means an adjudicated delinquent who is 18 years of | 17 |
| age or under and
is transferred to the Department pursuant
to | 18 |
| Section 3-10-11 of the Unified Code of Corrections.
| 19 |
| (Source: P.A. 88-680, eff. 1-1-95 .)"; and
| 20 |
| on page 457, by replacing lines 9 and 10 with the following: | 21 |
| "Section 99-99. Effective date. This Act takes effect July | 22 |
| 1, 2010.".
|
|