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91_SB0746enr SB746 Enrolled LRB9101254EGfg 1 AN ACT to revise the law by combining multiple enactments 2 and making technical corrections. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Nature of this Act. 6 (a) This Act may be cited as the Second 1999 General 7 Revisory Act. 8 (b) This Act is not intended to make any substantive 9 change in the law. It reconciles conflicts that have arisen 10 from multiple amendments and enactments and makes technical 11 corrections and revisions in the law. 12 This Act revises and, where appropriate, renumbers 13 certain Sections that have been added or amended by more than 14 one Public Act. In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law. This Act also corrects errors, revises 18 cross-references, and deletes obsolete text. 19 (c) In this Act, the reference at the end of each 20 amended Section indicates the sources in the Session Laws of 21 Illinois that were used in the preparation of the text of 22 that Section. The text of the Section included in this Act 23 is intended to include the different versions of the Section 24 found in the Public Acts included in the list of sources, but 25 may not include other versions of the Section to be found in 26 Public Acts not included in the list of sources. The list of 27 sources is not a part of the text of the Section. 28 (d) Public Acts 90-810 through 90-815 were considered in 29 the preparation of the combining revisories included in this 30 Act. Combining revisories often contain no striking or 31 underscoring because no additional changes are being made in 32 the material that is being combined. SB746 Enrolled -2- LRB9101254EGfg 1 (e) The version of Section 3 of the Voluntary Payroll 2 Deductions Act that is included in Section 4 of this revisory 3 Act is intended to control over and replace the version found 4 in House Bill 745 of the 91st General Assembly, which 5 inadvertently contains material derived from the introduced 6 (rather than enrolled) form of the bill that became Public 7 Act 90-487. 8 Section 4. The Voluntary Payroll Deductions Act is 9 amended by changing Section 3 as follows: 10 (5 ILCS 340/3) (from Ch. 15, par. 503) 11 Sec. 3. Definitions. As used in this Act unless the 12 context otherwise requires: 13 (a) "Employee" means any regular officer or employee who 14 receives salary or wages for personal services rendered to 15 the State of Illinois. 16 (b) "Qualified organization" means an organization 17 representing one or more benefiting agencies, which 18 organization is designated by the State Comptroller as 19 qualified to receive payroll deductions under this Act. An 20 organization desiring to be designated as a qualified 21 organization shall: 22 (1) Submit written designations on forms approved 23 by the State Comptroller by 4,000 or more employees, in 24 which such employees indicate that the organization is 25 one for which the employee intends to authorize 26 withholding. The forms shall require the name, social 27 security number, and employing State agency for each 28 employee. Upon notification by the Comptroller that such 29 forms have been approved, the organization shall, within 30 30 days, notify in writing the Governor or his designee 31 of its intention to obtain the required number of 32 designations. Such organization shall have 12 months SB746 Enrolled -3- LRB9101254EGfg 1 from that date, to obtain the necessary designations. The 2 signed forms and signatures on the forms shall be subject 3 to verification by the State Comptroller; 4 (2) Certify that all benefiting agencies are tax 5 exempt under Section 501(c)(3) of the Internal Revenue 6 Code; 7 (3) Certify that all benefiting agencies are in 8 compliance with the Illinois Human Rights Act; 9 (4) Certify that all benefiting agencies are in 10 compliance with the Charitable Trust Act and the 11 Solicitation for Charity Act; 12 (5) Certify that all benefiting agencies actively 13 conduct health or welfare programs and provide services 14 to individuals directed at one or more of the following 15 common human needs within a community: service, research, 16 and education in the health fields; family and child care 17 services; protective services for children and adults; 18 services for children and adults in foster care; services 19 related to the management and maintenance of the home; 20 day care services for adults; transportation services; 21 information, referral and counseling services; services 22 to eliminate illiteracy; the preparation and delivery of 23 meals; adoption services; emergency shelter care and 24 relief services; disaster relief services; safety 25 services; neighborhood and community organization 26 services; recreation services; social adjustment and 27 rehabilitation services; health support services; or a 28 combination of such services designed to meet the special 29 needs of specific groups, such as children and youth, the 30 ill and infirm, and the physically handicapped; and that 31 all such benefiting agencies provide the above described 32 services to individuals and their families in the 33 community and surrounding area in which the organization 34 conducts its fund drive, or that such benefiting agencies SB746 Enrolled -4- LRB9101254EGfg 1 provide relief to victims of natural disasters and other 2 emergencies on a where and as needed basis; 3 (6) Certify that the organization has disclosed the 4 percentage of the organization's total collected receipts 5 from employees that are distributed to the benefiting 6 agencies and the percentage of the organization's total 7 collected receipts from employees that are expended for 8 fund-raising and overhead costs. These percentages shall 9 be the same percentage figures annually disclosed by the 10 organization to the Attorney General. The disclosure 11 shall be made to all solicited employees and shall be in 12 the form of a factual statement on all petitions and in 13 the campaign's employee brochure; 14 (7) Certify that all benefiting agencies receiving 15 funds which the employee has requested or designated for 16 distribution to a particular community and surrounding 17 area use a majority of such funds distributed for 18 services in the actual provision of services in that 19 community and surrounding area; 20 (8) Certify that neither it nor its member 21 organizations will solicit State employees for 22 contributions at their workplace, except pursuant to this 23 Act and the rules promulgated thereunder. Each qualified 24 organization, and each participating United Fund, is 25 encouraged to cooperate with all others and with all 26 State agencies and educational institutions so as to 27 simplify procedures, to resolve differences and to 28 minimize costs; 29 (9) Certify that it will pay its share of the 30 campaign costs and will comply with the Code of Campaign 31 Conduct as approved by the Governor or other agency as 32 designated by the Governor; and 33 (10) Certify that it maintains a year-round office, 34 the telephone number, and person responsible for the SB746 Enrolled -5- LRB9101254EGfg 1 operations of the organization in Illinois. That 2 information shall be provided to the State Comptroller at 3 the time the organization is seeking participation under 4 this Act. 5 Each qualified organization shall submit to the State 6 Comptroller between January 1 and March 1 of each year, a 7 statement that the organization is in compliance with all of 8 the requirements set forth in paragraphs (2) through (10). 9 The State Comptroller shall exclude any organization that 10 fails to submit the statement from the next solicitation 11 period. 12 In order to be designated as a qualified organization, 13 the organization shall have existed at least 2 years prior to 14 submitting the written designation forms required in 15 paragraph (1) and shall certify to the State Comptroller that 16 such organization has been providing services described in 17 paragraph (5) in Illinois. If the organization seeking 18 designation represents more than one benefiting agency, it 19 need not have existed for 2 years but shall certify to the 20 State Comptroller that each of its benefiting agencies has 21 existed for at least 2 years prior to submitting the written 22 designation forms required in paragraph (1) and that each has 23 been providing services described in paragraph (5) in 24 Illinois. 25 Organizations which have met the requirements of this Act 26 shall be permitted to participate in the State and 27 Universities Combined Appeal as of January 1st of the year 28 immediately following their approval by the Comptroller. 29 Where the certifications described in paragraphs (2), 30 (3), (4), (5), (6), (7), (8), (9), and (10)2, 3, 4, 5, 6, 7,318, 9, and 10above are made by an organization representing 32 more than one benefiting agency they shall be based upon the 33 knowledge and belief of such qualified organization. Any 34 qualified organization shall immediately notify the State SB746 Enrolled -6- LRB9101254EGfg 1 Comptroller in writing if the qualified organization receives 2 information or otherwise believes that a benefiting agency is 3 no longer in compliance with the certification of the 4 qualified organization. A qualified organization 5 representing more than one benefiting agency shall thereafter 6 withhold and refrain from distributing to such benefiting 7 agency those funds received pursuant to this Act until the 8 benefiting agency is again in compliance with the qualified 9 organization's certification. The qualified organization 10 shall immediately notify the State Comptroller of the 11 benefiting agency's resumed compliance with the 12 certification, based upon the qualified organization's 13 knowledge and belief, and shall pay over to the benefiting 14 agency those funds previously withheld. 15 The Comptroller shall, by February 1st of each year, so 16 notify any qualified organization that failed to receive at 17 least 500 payroll deduction pledges during each immediately 18 preceding solicitation period as set forth in Section 6. The 19 notification shall give such qualified organization until 20 March 1st to provide the Comptroller with documentation that 21 the 500 deduction requirement has been met. On the basis of 22 all the documentation, the Comptroller shall, by March 15th 23 of each year, submit to the Governor or his designee, or such 24 other agency as may be determined by the Governor, a list of 25 all organizations which have met the 500 payroll deduction 26 requirement. Only those organizations which have met such 27 requirements, as well as the other requirements of this 28 Section, shall be permitted to solicit State employees for 29 voluntary contributions and the Comptroller shall discontinue 30 withholding for any such organization which fails to meet 31 these requirements. 32 (c) "United Fund" means the organization conducting the 33 single, annual, consolidated effort to secure funds for 34 distribution to agencies engaged in charitable and public SB746 Enrolled -7- LRB9101254EGfg 1 health, welfare and services purposes, which is commonly 2 known as the United Fund, or the organization which serves in 3 place of the United Fund organization in communities where an 4 organization known as the United Fund is not organized. 5 (d) "State and Universities Employees Combined Appeal" 6 (SECA), otherwise known as "SECA", means the State-directed 7 joint effort of all of the qualified organizations, together 8 with the United Funds, for the solicitation of voluntary 9 contributions from State and University employees. 10 In order for a United Fund to participate in the State 11 and Universities Employees Combined Appeal, it shall comply 12 with the provisions ofSection 3,paragraph (9) of subsection 13 (b). 14 (Source: P.A. 90-487, eff. 8-17-97; revised 4-16-99.) 15 Section 5. The Election Code is amended by changing 16 Section 6-35.03 as follows: 17 (10 ILCS 5/6-35.03) (from Ch. 46, par. 6-35.03) 18 Sec. 6-35.03. The State Board of Elections shall design 19 a registration record card which, except as otherwise 20 provided in this Section, shall be used in triplicate by all 21 election authorities in the State, beginning with 22 registrations taken on or after January 1, 1986. The Board 23 shall prescribe the form and specifications, including but 24 not limited to the weight of paper, color and print of such 25 cards. Such cards shall contain boxes or spaces for the 26 information required under Sections 6-31.1 and 6-35 of this 27 Code; provided, that such cards shall also contain a box or 28 space for the applicant's driver's license number, or where 29 allowable the applicant's social security number, if any, and 30 a box for the applicant's telephone number, if available. 31 The original and duplicate cards shall respectively 32 constitute the master file and precinct binder registration SB746 Enrolled -8- LRB9101254EGfg 1 records of the voter. The triplicate card shall be given to 2 the applicant upon completion of his or her registration or 3 completed transfer of registration. 4 Whenever a voter moves to another precinct within the 5 same election jurisdiction or to another election 6 jurisdiction in the State, such voter may transfer his or her 7 registration by presenting his or her triplicate card to the 8 election authority or a deputy registrar. If such voter is 9 not in possession of or has lost his or her triplicate card, 10 he or she may effect a transfer of registration by executing 11 an Affidavit of Cancellation of Previous Registration. 12 In the case of a transfer of registration to a new 13 election jurisdiction, the election authority shall transmit 14 the voter's triplicate card or such affidavit to the election 15 authority of the voter's former election jurisdiction, which 16 shall immediately cause the transmission of the voter's 17 previous registration card to the voter's new election 18 authority. No transfer of registration to a new election 19 jurisdiction shall be complete until the voter's old election 20 authority receives notification. 21 Deputy registrars shall return all triplicate cards or 22 Affidavits of Cancellation of Previous Registration to the 23 election authority within 7 working days after the receipt 24 thereof. Such cards or Affidavits of Cancellation of Previous 25 Registration received by the deputy registrars between the 26 35th and 28th day preceding an election shall be returned by 27 the deputy registrars within 48 hours after receipt thereof. 28 Such cards or Affidavits of Cancellation of Previous 29 Registration received by the deputy registrars on the 28th 30 day preceding an election shall be returned by the deputy 31 registrars to the election authority within 24 hours after 32 receipt thereof. 33 The date by which an election authority is required to 34 take registrations in compliance with this Section may be SB746 Enrolled -9- LRB9101254EGfg 1 extended by the State Board of Elections to a date no later 2 than July 1, 1986, where, prior to January 1, 1986, the Board 3 has received a written request for such an extension from the 4 election authority and such request has shown good cause for 5 the extension. 6In the case of a transfer of registration to a new7election jurisdiction, the election authority shall transmit8the voter's triplicate card or such affidavit to the election9authority of the voter's former election jurisdiction, which10shall immediately cause the transmission of the voter's11previous registration card to the voter's new election12authority. No transfer of registration to a new election13jurisdiction shall be complete until the voter's old election14authority receives notification.15Deputy registrars shall return all triplicate cards or16Affidavits of Cancellation of Previous Registration to the17election authority within 7 working days after the receipt18thereof, except that the deputy registrars shall return the19cards or Affidavits of Cancellation of Previous Registration20received by them between the 35th and 28th day preceding an21election to the election authority within 48 hours after the22receipt thereof.23Such cards or Affidavits of Cancellation of Previous24Registration received during the 28th day preceding an25election shall be returned by the deputy registrars to the26election authority within 24 hours after receipt thereof.27 (Source: P.A. 86-873; revised 1-28-99.) 28 Section 10. The Service Occupation Tax Act is amended by 29 changing Section 3-5 as follows: 30 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5) 31 Sec. 3-5. Exemptions. The following tangible personal 32 property is exempt from the tax imposed by this Act: SB746 Enrolled -10- LRB9101254EGfg 1 (1) Personal property sold by a corporation, society, 2 association, foundation, institution, or organization, other 3 than a limited liability company, that is organized and 4 operated as a not-for-profit service enterprise for the 5 benefit of persons 65 years of age or older if the personal 6 property was not purchased by the enterprise for the purpose 7 of resale by the enterprise. 8 (2) Personal property purchased by a not-for-profit 9 Illinois county fair association for use in conducting, 10 operating, or promoting the county fair. 11 (3) Personal property purchased by any not-for-profit 12 music or dramatic arts organization that establishes, by 13 proof required by the Department by rule, that it has 14 received an exemption under Section 501(c)(3) of the 15 Internal Revenue Code and that is organized and operated for 16 the presentation of live public performances of musical or 17 theatrical works on a regular basis. 18 (4) Legal tender, currency, medallions, or gold or 19 silver coinage issued by the State of Illinois, the 20 government of the United States of America, or the government 21 of any foreign country, and bullion. 22 (5) Graphic arts machinery and equipment, including 23 repair and replacement parts, both new and used, and 24 including that manufactured on special order or purchased for 25 lease, certified by the purchaser to be used primarily for 26 graphic arts production. 27 (6) Personal property sold by a teacher-sponsored 28 student organization affiliated with an elementary or 29 secondary school located in Illinois. 30 (7) Farm machinery and equipment, both new and used, 31 including that manufactured on special order, certified by 32 the purchaser to be used primarily for production agriculture 33 or State or federal agricultural programs, including 34 individual replacement parts for the machinery and equipment, SB746 Enrolled -11- LRB9101254EGfg 1 including machinery and equipment purchased for lease, and 2 including implements of husbandry defined in Section 1-130 of 3 the Illinois Vehicle Code, farm machinery and agricultural 4 chemical and fertilizer spreaders, and nurse wagons required 5 to be registered under Section 3-809 of the Illinois Vehicle 6 Code, but excluding other motor vehicles required to be 7 registered under the Illinois Vehicle Code. Horticultural 8 polyhouses or hoop houses used for propagating, growing, or 9 overwintering plants shall be considered farm machinery and 10 equipment under this item (7). Agricultural chemical tender 11 tanks and dry boxes shall include units sold separately from 12 a motor vehicle required to be licensed and units sold 13 mounted on a motor vehicle required to be licensed if the 14 selling price of the tender is separately stated. 15 Farm machinery and equipment shall include precision 16 farming equipment that is installed or purchased to be 17 installed on farm machinery and equipment including, but not 18 limited to, tractors, harvesters, sprayers, planters, 19 seeders, or spreaders. Precision farming equipment includes, 20 but is not limited to, soil testing sensors, computers, 21 monitors, software, global positioning and mapping systems, 22 and other such equipment. 23 Farm machinery and equipment also includes computers, 24 sensors, software, and related equipment used primarily in 25 the computer-assisted operation of production agriculture 26 facilities, equipment, and activities such as, but not 27 limited to, the collection, monitoring, and correlation of 28 animal and crop data for the purpose of formulating animal 29 diets and agricultural chemicals. This item (7) is exempt 30 from the provisions of Section 3-553-75. 31 (8) Fuel and petroleum products sold to or used by an 32 air common carrier, certified by the carrier to be used for 33 consumption, shipment, or storage in the conduct of its 34 business as an air common carrier, for a flight destined for SB746 Enrolled -12- LRB9101254EGfg 1 or returning from a location or locations outside the United 2 States without regard to previous or subsequent domestic 3 stopovers. 4 (9) Proceeds of mandatory service charges separately 5 stated on customers' bills for the purchase and consumption 6 of food and beverages, to the extent that the proceeds of the 7 service charge are in fact turned over as tips or as a 8 substitute for tips to the employees who participate directly 9 in preparing, serving, hosting or cleaning up the food or 10 beverage function with respect to which the service charge is 11 imposed. 12 (10) Oil field exploration, drilling, and production 13 equipment, including (i) rigs and parts of rigs, rotary rigs, 14 cable tool rigs, and workover rigs, (ii) pipe and tubular 15 goods, including casing and drill strings, (iii) pumps and 16 pump-jack units, (iv) storage tanks and flow lines, (v) any 17 individual replacement part for oil field exploration, 18 drilling, and production equipment, and (vi) machinery and 19 equipment purchased for lease; but excluding motor vehicles 20 required to be registered under the Illinois Vehicle Code. 21 (11) Photoprocessing machinery and equipment, including 22 repair and replacement parts, both new and used, including 23 that manufactured on special order, certified by the 24 purchaser to be used primarily for photoprocessing, and 25 including photoprocessing machinery and equipment purchased 26 for lease. 27 (12) Coal exploration, mining, offhighway hauling, 28 processing, maintenance, and reclamation equipment, including 29 replacement parts and equipment, and including equipment 30 purchased for lease, but excluding motor vehicles required to 31 be registered under the Illinois Vehicle Code. 32 (13) Food for human consumption that is to be consumed 33 off the premises where it is sold (other than alcoholic 34 beverages, soft drinks and food that has been prepared for SB746 Enrolled -13- LRB9101254EGfg 1 immediate consumption) and prescription and non-prescription 2 medicines, drugs, medical appliances, and insulin, urine 3 testing materials, syringes, and needles used by diabetics, 4 for human use, when purchased for use by a person receiving 5 medical assistance under Article 5 of the Illinois Public Aid 6 Code who resides in a licensed long-term care facility, as 7 defined in the Nursing Home Care Act. 8 (14) Semen used for artificial insemination of livestock 9 for direct agricultural production. 10 (15) Horses, or interests in horses, registered with and 11 meeting the requirements of any of the Arabian Horse Club 12 Registry of America, Appaloosa Horse Club, American Quarter 13 Horse Association, United States Trotting Association, or 14 Jockey Club, as appropriate, used for purposes of breeding or 15 racing for prizes. 16 (16) Computers and communications equipment utilized for 17 any hospital purpose and equipment used in the diagnosis, 18 analysis, or treatment of hospital patients sold to a lessor 19 who leases the equipment, under a lease of one year or longer 20 executed or in effect at the time of the purchase, to a 21 hospital that has been issued an active tax exemption 22 identification number by the Department under Section 1g of 23 the Retailers' Occupation Tax Act. 24 (17) Personal property sold to a lessor who leases the 25 property, under a lease of one year or longer executed or in 26 effect at the time of the purchase, to a governmental body 27 that has been issued an active tax exemption identification 28 number by the Department under Section 1g of the Retailers' 29 Occupation Tax Act. 30 (18) Beginning with taxable years ending on or after 31 December 31, 1995 and ending with taxable years ending on or 32 before December 31, 2004, personal property that is donated 33 for disaster relief to be used in a State or federally 34 declared disaster area in Illinois or bordering Illinois by a SB746 Enrolled -14- LRB9101254EGfg 1 manufacturer or retailer that is registered in this State to 2 a corporation, society, association, foundation, or 3 institution that has been issued a sales tax exemption 4 identification number by the Department that assists victims 5 of the disaster who reside within the declared disaster area. 6 (19) Beginning with taxable years ending on or after 7 December 31, 1995 and ending with taxable years ending on or 8 before December 31, 2004, personal property that is used in 9 the performance of infrastructure repairs in this State, 10 including but not limited to municipal roads and streets, 11 access roads, bridges, sidewalks, waste disposal systems, 12 water and sewer line extensions, water distribution and 13 purification facilities, storm water drainage and retention 14 facilities, and sewage treatment facilities, resulting from a 15 State or federally declared disaster in Illinois or bordering 16 Illinois when such repairs are initiated on facilities 17 located in the declared disaster area within 6 months after 18 the disaster. 19 (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 20 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 21 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-552, 22 eff. 12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.) 23 Section 15. The Retailers' Occupation Tax Act is amended 24 by changing Section 2-5 as follows: 25 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5) 26 Sec. 2-5. Exemptions. Gross receipts from proceeds from 27 the sale of the following tangible personal property are 28 exempt from the tax imposed by this Act: 29 (1) Farm chemicals. 30 (2) Farm machinery and equipment, both new and used, 31 including that manufactured on special order, certified by 32 the purchaser to be used primarily for production agriculture SB746 Enrolled -15- LRB9101254EGfg 1 or State or federal agricultural programs, including 2 individual replacement parts for the machinery and equipment, 3 including machinery and equipment purchased for lease, and 4 including implements of husbandry defined in Section 1-130 of 5 the Illinois Vehicle Code, farm machinery and agricultural 6 chemical and fertilizer spreaders, and nurse wagons required 7 to be registered under Section 3-809 of the Illinois Vehicle 8 Code, but excluding other motor vehicles required to be 9 registered under the Illinois Vehicle Code. Horticultural 10 polyhouses or hoop houses used for propagating, growing, or 11 overwintering plants shall be considered farm machinery and 12 equipment under this item (2). Agricultural chemical tender 13 tanks and dry boxes shall include units sold separately from 14 a motor vehicle required to be licensed and units sold 15 mounted on a motor vehicle required to be licensed, if the 16 selling price of the tender is separately stated. 17 Farm machinery and equipment shall include precision 18 farming equipment that is installed or purchased to be 19 installed on farm machinery and equipment including, but not 20 limited to, tractors, harvesters, sprayers, planters, 21 seeders, or spreaders. Precision farming equipment includes, 22 but is not limited to, soil testing sensors, computers, 23 monitors, software, global positioning and mapping systems, 24 and other such equipment. 25 Farm machinery and equipment also includes computers, 26 sensors, software, and related equipment used primarily in 27 the computer-assisted operation of production agriculture 28 facilities, equipment, and activities such as, but not 29 limited to, the collection, monitoring, and correlation of 30 animal and crop data for the purpose of formulating animal 31 diets and agricultural chemicals. This item (7) is exempt 32 from the provisions of Section 2-703-75. 33 (3) Distillation machinery and equipment, sold as a unit 34 or kit, assembled or installed by the retailer, certified by SB746 Enrolled -16- LRB9101254EGfg 1 the user to be used only for the production of ethyl alcohol 2 that will be used for consumption as motor fuel or as a 3 component of motor fuel for the personal use of the user, and 4 not subject to sale or resale. 5 (4) Graphic arts machinery and equipment, including 6 repair and replacement parts, both new and used, and 7 including that manufactured on special order or purchased for 8 lease, certified by the purchaser to be used primarily for 9 graphic arts production. 10 (5) A motor vehicle of the first division, a motor 11 vehicle of the second division that is a self-contained motor 12 vehicle designed or permanently converted to provide living 13 quarters for recreational, camping, or travel use, with 14 direct walk through access to the living quarters from the 15 driver's seat, or a motor vehicle of the second division that 16 is of the van configuration designed for the transportation 17 of not less than 7 nor more than 16 passengers, as defined in 18 Section 1-146 of the Illinois Vehicle Code, that is used for 19 automobile renting, as defined in the Automobile Renting 20 Occupation and Use Tax Act. 21 (6) Personal property sold by a teacher-sponsored 22 student organization affiliated with an elementary or 23 secondary school located in Illinois. 24 (7) Proceeds of that portion of the selling price of a 25 passenger car the sale of which is subject to the Replacement 26 Vehicle Tax. 27 (8) Personal property sold to an Illinois county fair 28 association for use in conducting, operating, or promoting 29 the county fair. 30 (9) Personal property sold to a not-for-profit music or 31 dramatic arts organization that establishes, by proof 32 required by the Department by rule, that it has received an 33 exemption under Section 501(c) (3) of the Internal Revenue 34 Code and that is organized and operated for the presentation SB746 Enrolled -17- LRB9101254EGfg 1 of live public performances of musical or theatrical works on 2 a regular basis. 3 (10) Personal property sold by a corporation, society, 4 association, foundation, institution, or organization, other 5 than a limited liability company, that is organized and 6 operated as a not-for-profit service enterprise for the 7 benefit of persons 65 years of age or older if the personal 8 property was not purchased by the enterprise for the purpose 9 of resale by the enterprise. 10 (11) Personal property sold to a governmental body, to a 11 corporation, society, association, foundation, or institution 12 organized and operated exclusively for charitable, religious, 13 or educational purposes, or to a not-for-profit corporation, 14 society, association, foundation, institution, or 15 organization that has no compensated officers or employees 16 and that is organized and operated primarily for the 17 recreation of persons 55 years of age or older. A limited 18 liability company may qualify for the exemption under this 19 paragraph only if the limited liability company is organized 20 and operated exclusively for educational purposes. On and 21 after July 1, 1987, however, no entity otherwise eligible for 22 this exemption shall make tax-free purchases unless it has an 23 active identification number issued by the Department. 24 (12) Personal property sold to interstate carriers for 25 hire for use as rolling stock moving in interstate commerce 26 or to lessors under leases of one year or longer executed or 27 in effect at the time of purchase by interstate carriers for 28 hire for use as rolling stock moving in interstate commerce 29 and equipment operated by a telecommunications provider, 30 licensed as a common carrier by the Federal Communications 31 Commission, which is permanently installed in or affixed to 32 aircraft moving in interstate commerce. 33 (13) Proceeds from sales to owners, lessors, or shippers 34 of tangible personal property that is utilized by interstate SB746 Enrolled -18- LRB9101254EGfg 1 carriers for hire for use as rolling stock moving in 2 interstate commerce and equipment operated by a 3 telecommunications provider, licensed as a common carrier by 4 the Federal Communications Commission, which is permanently 5 installed in or affixed to aircraft moving in interstate 6 commerce. 7 (14) Machinery and equipment that will be used by the 8 purchaser, or a lessee of the purchaser, primarily in the 9 process of manufacturing or assembling tangible personal 10 property for wholesale or retail sale or lease, whether the 11 sale or lease is made directly by the manufacturer or by some 12 other person, whether the materials used in the process are 13 owned by the manufacturer or some other person, or whether 14 the sale or lease is made apart from or as an incident to the 15 seller's engaging in the service occupation of producing 16 machines, tools, dies, jigs, patterns, gauges, or other 17 similar items of no commercial value on special order for a 18 particular purchaser. 19 (15) Proceeds of mandatory service charges separately 20 stated on customers' bills for purchase and consumption of 21 food and beverages, to the extent that the proceeds of the 22 service charge are in fact turned over as tips or as a 23 substitute for tips to the employees who participate directly 24 in preparing, serving, hosting or cleaning up the food or 25 beverage function with respect to which the service charge is 26 imposed. 27 (16) Petroleum products sold to a purchaser if the 28 seller is prohibited by federal law from charging tax to the 29 purchaser. 30 (17) Tangible personal property sold to a common carrier 31 by rail or motor that receives the physical possession of the 32 property in Illinois and that transports the property, or 33 shares with another common carrier in the transportation of 34 the property, out of Illinois on a standard uniform bill of SB746 Enrolled -19- LRB9101254EGfg 1 lading showing the seller of the property as the shipper or 2 consignor of the property to a destination outside Illinois, 3 for use outside Illinois. 4 (18) Legal tender, currency, medallions, or gold or 5 silver coinage issued by the State of Illinois, the 6 government of the United States of America, or the government 7 of any foreign country, and bullion. 8 (19) Oil field exploration, drilling, and production 9 equipment, including (i) rigs and parts of rigs, rotary rigs, 10 cable tool rigs, and workover rigs, (ii) pipe and tubular 11 goods, including casing and drill strings, (iii) pumps and 12 pump-jack units, (iv) storage tanks and flow lines, (v) any 13 individual replacement part for oil field exploration, 14 drilling, and production equipment, and (vi) machinery and 15 equipment purchased for lease; but excluding motor vehicles 16 required to be registered under the Illinois Vehicle Code. 17 (20) Photoprocessing machinery and equipment, including 18 repair and replacement parts, both new and used, including 19 that manufactured on special order, certified by the 20 purchaser to be used primarily for photoprocessing, and 21 including photoprocessing machinery and equipment purchased 22 for lease. 23 (21) Coal exploration, mining, offhighway hauling, 24 processing, maintenance, and reclamation equipment, including 25 replacement parts and equipment, and including equipment 26 purchased for lease, but excluding motor vehicles required to 27 be registered under the Illinois Vehicle Code. 28 (22) Fuel and petroleum products sold to or used by an 29 air carrier, certified by the carrier to be used for 30 consumption, shipment, or storage in the conduct of its 31 business as an air common carrier, for a flight destined for 32 or returning from a location or locations outside the United 33 States without regard to previous or subsequent domestic 34 stopovers. SB746 Enrolled -20- LRB9101254EGfg 1 (23) A transaction in which the purchase order is 2 received by a florist who is located outside Illinois, but 3 who has a florist located in Illinois deliver the property to 4 the purchaser or the purchaser's donee in Illinois. 5 (24) Fuel consumed or used in the operation of ships, 6 barges, or vessels that are used primarily in or for the 7 transportation of property or the conveyance of persons for 8 hire on rivers bordering on this State if the fuel is 9 delivered by the seller to the purchaser's barge, ship, or 10 vessel while it is afloat upon that bordering river. 11 (25) A motor vehicle sold in this State to a nonresident 12 even though the motor vehicle is delivered to the nonresident 13 in this State, if the motor vehicle is not to be titled in 14 this State, and if a driveaway decal permit is issued to the 15 motor vehicle as provided in Section 3-603 of the Illinois 16 Vehicle Code or if the nonresident purchaser has vehicle 17 registration plates to transfer to the motor vehicle upon 18 returning to his or her home state. The issuance of the 19 driveaway decal permit or having the out-of-state 20 registration plates to be transferred is prima facie evidence 21 that the motor vehicle will not be titled in this State. 22 (26) Semen used for artificial insemination of livestock 23 for direct agricultural production. 24 (27) Horses, or interests in horses, registered with and 25 meeting the requirements of any of the Arabian Horse Club 26 Registry of America, Appaloosa Horse Club, American Quarter 27 Horse Association, United States Trotting Association, or 28 Jockey Club, as appropriate, used for purposes of breeding or 29 racing for prizes. 30 (28) Computers and communications equipment utilized for 31 any hospital purpose and equipment used in the diagnosis, 32 analysis, or treatment of hospital patients sold to a lessor 33 who leases the equipment, under a lease of one year or longer 34 executed or in effect at the time of the purchase, to a SB746 Enrolled -21- LRB9101254EGfg 1 hospital that has been issued an active tax exemption 2 identification number by the Department under Section 1g of 3 this Act. 4 (29) Personal property sold to a lessor who leases the 5 property, under a lease of one year or longer executed or in 6 effect at the time of the purchase, to a governmental body 7 that has been issued an active tax exemption identification 8 number by the Department under Section 1g of this Act. 9 (30) Beginning with taxable years ending on or after 10 December 31, 1995 and ending with taxable years ending on or 11 before December 31, 2004, personal property that is donated 12 for disaster relief to be used in a State or federally 13 declared disaster area in Illinois or bordering Illinois by a 14 manufacturer or retailer that is registered in this State to 15 a corporation, society, association, foundation, or 16 institution that has been issued a sales tax exemption 17 identification number by the Department that assists victims 18 of the disaster who reside within the declared disaster area. 19 (31) Beginning with taxable years ending on or after 20 December 31, 1995 and ending with taxable years ending on or 21 before December 31, 2004, personal property that is used in 22 the performance of infrastructure repairs in this State, 23 including but not limited to municipal roads and streets, 24 access roads, bridges, sidewalks, waste disposal systems, 25 water and sewer line extensions, water distribution and 26 purification facilities, storm water drainage and retention 27 facilities, and sewage treatment facilities, resulting from a 28 State or federally declared disaster in Illinois or bordering 29 Illinois when such repairs are initiated on facilities 30 located in the declared disaster area within 6 months after 31 the disaster. 32 (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 33 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 34 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-519, SB746 Enrolled -22- LRB9101254EGfg 1 eff. 6-1-98; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 2 revised 2-10-99.) 3 Section 20. The Telecommunications Municipal 4 Infrastructure Maintenance Fee Act is amended by changing 5 Section 5 as follows: 6 (35 ILCS 635/5) 7 Sec. 5. Legislative intent. The General Assembly 8 imposed a tax on invested capital of utilities to partially 9 replace the personal property tax that was abolished by the 10 Illinois Constitution of 1970. Since that tax was imposed, 11 telecommunications retailers have evolved from utility status 12 into an increasingly competitive industry serving the public. 13 This Act is intended to abolish the invested capital tax on 14 telecommunications retailers (that is, persons engaged in the 15 business of transmitting messages and acting as a retailer of 16 telecommunications as defined in Section 2 of the 17 Telecommunications Excise Tax Act). Cellular 18 telecommunicationsTelecummunicationsretailers have already 19 been excluded from application of the invested capital tax by 20 earlier legislative action. 21 This Act is also intended to abolish municipal franchise 22 fees with respect to telecommunications retailers, create a 23 uniform system for the collection and distribution of fees 24 associated with the privilege of use of the public right of 25 way for telecommunications activity, and provide 26 municipalities with a comprehensive method of compensation 27 for telecommunications activity including the recovery of 28 reasonable costs of regulating the use of the public 29 rights-of-way for telecommunications activity. 30 (Source: P.A. 90-154, eff. 1-1-98; revised 2-10-99.) 31 Section 25. The Counties Code is amended by changing SB746 Enrolled -23- LRB9101254EGfg 1 Section 5-1211 as follows: 2 (55 ILCS 5/5-1121) 3 Sec. 5-1121. Demolition, repair, or enclosure. 4 (a) The county board of each county mayupon a formal5request by the city, village or incorporated towndemolish, 6 repair, or enclose or cause the demolition, repair, or 7 enclosure of dangerous and unsafe buildings or uncompleted 8 and abandoned buildings within the territory of the county, 9 but outside the territory of any municipality, and may remove 10 or cause the removal of garbage, debris, and other hazardous, 11 noxious, or unhealthy substances or materials from those 12 buildings. In any county having adopted, by referendum or 13 otherwise, a county health department as provided by Division 14 5-25 of the Counties Code or its predecessor, the county 15 board of any such county may upon a formal request by the 16 city, village, or incorporated town demolish, repair or cause 17 the demolition or repair of dangerous and unsafe buildings or 18 uncompleted and abandoned buildings within the territory of 19 any city, village, or incorporated town having a population 20 of less than 50,000. 21 The county board shall apply to the circuit court of the 22 county in which the building is located (i) for an order 23 authorizing action to be taken with respect to a building if 24 the owner or owners of the building, including the lien 25 holders of record, after at least 15 days' written notice by 26 mail to do so, have failed to commence proceedings to put the 27 building in a safe condition or to demolish it or (ii) for an 28 order requiring the owner or owners of record to demolish, 29 repair, or enclose the building or to remove garbage, debris, 30 and other hazardous, noxious, or unhealthy substances or 31 materials from the building. It is not a defense to the 32 cause of action that the building is boarded up or otherwise 33 enclosed, although the court may order the defendant to have SB746 Enrolled -24- LRB9101254EGfg 1 the building boarded up or otherwise enclosed. Where, upon 2 diligent search, the identity or whereabouts of the owner or 3 owners of the building, including the lien holders of record, 4 is not ascertainable, notice mailed to the person or persons 5 in whose name the real estate was last assessed and the 6 posting of such notice upon the premises sought to be 7 demolished or repaired is sufficient notice under this 8 Section. 9 The hearing upon the application to the circuit court 10 shall be expedited by the court and shall be given precedence 11 over all other suits. 12 The cost of the demolition, repair, enclosure, or removal 13 incurred by the county, by an intervenor, or by a lien holder 14 of record, including court costs, attorney's fees, and other 15 costs related to the enforcement of this Section, is 16 recoverable from the owner or owners of the real estate or 17 the previous owner or both if the property was transferred 18 during the 15 day notice period and is a lien on the real 19 estate; the lien is superior to all prior existing liens and 20 encumbrances, except taxes, if, within 180 days after the 21 repair, demolition, enclosure, or removal, the county, the 22 lien holder of record, or the intervenor who incurred the 23 cost and expense shall file a notice of lien for the cost and 24 expense incurred in the office of the recorder in the county 25 in which the real estate is located or in the office of the 26 registrar of titles of the county if the real estate affected 27 is registered under the Registered Titles (Torrens) Act. 28 The notice must consist of a sworn statement setting out 29 (1) a description of the real estate sufficient for its 30 identification, (2) the amount of money representing the cost 31 and expense incurred, and (3) the date or dates when the cost 32 and expense was incurred by the county, the lien holder of 33 record, or the intervenor. Upon payment of the cost and 34 expense by the owner of or persons interested in the property SB746 Enrolled -25- LRB9101254EGfg 1 after the notice of lien has been filed, the lien shall be 2 released by the county, the person in whose name the lien has 3 been filed, or the assignee of the lien, and the release may 4 be filed of record as in the case of filing notice of lien. 5 Unless the lien is enforced under subsection (b), the lien 6 may be enforced by foreclosure proceedings as in the case of 7 mortgage foreclosures under Article XV of the Code of Civil 8 Procedure or mechanics' lien foreclosures. An action to 9 foreclose this lien may be commenced at any time after the 10 date of filing of the notice of lien. The costs of 11 foreclosure incurred by the county, including court costs, 12 reasonable attorney's fees, advances to preserve the 13 property, and other costs related to the enforcement of this 14 subsection, plus statutory interest, are a lien on the real 15 estate and are recoverable by the county from the owner or 16 owners of the real estate. 17 All liens arising under this subsection (a) shall be 18 assignable. The assignee of the lien shall have the same 19 power to enforce the lien as the assigning party, except that 20 the lien may not be enforced under subsection (b). 21 If the appropriate official of any county determines that 22 any dangerous and unsafe building or uncompleted and 23 abandoned building within its territory fulfills the 24 requirements for an action by the county under the Abandoned 25 Housing Rehabilitation Act, the county may petition under 26 that Act in a proceeding brought under this subsection. 27 (b) In any case where a county has obtained a lien under 28 subsection (a), the county may enforce the lien under this 29 subsection (b) in the same proceeding in which the lien is 30 authorized. 31 A county desiring to enforce a lien under this subsection 32 (b) shall petition the court to retain jurisdiction for 33 foreclosure proceedings under this subsection. Notice of the 34 petition shall be served, by certified or registered mail, on SB746 Enrolled -26- LRB9101254EGfg 1 all persons who were served notice under subsection (a). The 2 court shall conduct a hearing on the petition not less than 3 15 days after the notice is served. If the court determines 4 that the requirements of this subsection (b) have been 5 satisfied, it shall grant the petition and retain 6 jurisdiction over the matter until the foreclosure proceeding 7 is completed. The costs of foreclosure incurred by the 8 county, including court costs, reasonable attorneys' fees, 9 advances to preserve the property, and other costs related to 10 the enforcement of this subsection, plus statutory interest, 11 are a lien on the real estate and are recoverable by the 12 county from the owner or owners of the real estate. If the 13 court denies the petition, the county may enforce the lien in 14 a separate action as provided in subsection (a). 15 All persons designated in Section 15-1501 of the Code of 16 Civil Procedure as necessary parties in a mortgage 17 foreclosure action shall be joined as parties before issuance 18 of an order of foreclosure. Persons designated in Section 19 15-1501 of the Code of Civil Procedure as permissible parties 20 may also be joined as parties in the action. 21 The provisions of Article XV of the Code of Civil 22 Procedure applicable to mortgage foreclosures shall apply to 23 the foreclosure of a lien under this subsection (b), except 24 to the extent that those provisions are inconsistent with 25 this subsection. For purposes of foreclosures of liens 26 under this subsection, however, the redemption period 27 described in subsection (b) of Section 15-1603 of the Code of 28 Civil Procedure shall end 60 days after the date of entry of 29 the order of foreclosure. 30 (c) In addition to any other remedy provided by law, the 31 county board of any county may petition the circuit court to 32 have property declared abandoned under this subsection (c) 33 if: 34 (1) the property has been tax delinquent for 2 or SB746 Enrolled -27- LRB9101254EGfg 1 more years or bills for water service for the property 2 have been outstanding for 2 or more years; 3 (2) the property is unoccupied by persons legally 4 in possession; and 5 (3) the property contains a dangerous or unsafe 6 building. 7 All persons having an interest of record in the property, 8 including tax purchasers and beneficial owners of any 9 Illinois land trust having title to the property, shall be 10 named as defendants in the petition and shall be served with 11 process. In addition, service shall be had under Section 12 2-206 of the Code of Civil Procedure as in other cases 13 affecting property. 14 The county, however, may proceed under this subsection in 15 a proceeding brought under subsection (a). Notice of the 16 petition shall be served by certified or registered mail on 17 all persons who were served notice under subsection (a). 18 If the county proves that the conditions described in 19 this subsection exist and the owner of record of the property 20 does not enter an appearance in the action, or, if title to 21 the property is held by an Illinois land trust, if neither 22 the owner of record nor the owner of the beneficial interest 23 of the trust enters an appearance, the court shall declare 24 the property abandoned. 25 If that determination is made, notice shall be sent by 26 certified or registered mail to all persons having an 27 interest of record in the property, including tax purchasers 28 and beneficial owners of any Illinois land trust having title 29 to the property, stating that title to the property will be 30 transferred to the county unless, within 30 days of the 31 notice, the owner of record enters an appearance in the 32 action, or unless any other person having an interest in the 33 property files with the court a request to demolish the 34 dangerous or unsafe building or to put the building in safe SB746 Enrolled -28- LRB9101254EGfg 1 condition. 2 If the owner of record enters an appearance in the action 3 within the 30 day period, the court shall vacate its order 4 declaring the property abandoned. In that case, the county 5 may amend its complaint in order to initiate proceedings 6 under subsection (a). 7 If a request to demolish or repair the building is filed 8 within the 30 day period, the court shall grant permission to 9 the requesting party to demolish the building within 30 days 10 or to restore the building to safe condition within 60 days 11 after the request is granted. An extension of that period 12 for up to 60 additional days may be given for good cause. If 13 more than one person with an interest in the property files a 14 timely request, preference shall be given to the person with 15 the lien or other interest of the highest priority. 16 If the requesting party proves to the court that the 17 building has been demolished or put in a safe condition 18 within the period of time granted by the court, the court 19 shall issue a quitclaim judicial deed for the property to the 20 requesting party, conveying only the interest of the owner of 21 record, upon proof of payment to the county of all costs 22 incurred by the county in connection with the action, 23 including but not limited to court costs, attorney's fees, 24 administrative costs, the costs, if any, associated with 25 building enclosure or removal, and receiver's certificates. 26 The interest in the property so conveyed shall be subject to 27 all liens and encumbrances on the property. In addition, if 28 the interest is conveyed to a person holding a certificate of 29 purchase for the property under the Property Tax Code, the 30 conveyance shall be subject to the rights of redemption of 31 all persons entitled to redeem under that Act, including the 32 original owner of record. 33 If no person with an interest in the property files a 34 timely request or if the requesting party fails to demolish SB746 Enrolled -29- LRB9101254EGfg 1 the building or put the building in safe condition within the 2 time specified by the court, the county may petition the 3 court to issue a judicial deed for the property to the 4 county. A conveyance by judicial deed shall operate to 5 extinguish all existing ownership interests in, liens on, and 6 other interest in the property, including tax liens. 7 (d) Each county may use the provisions of this 8 subsection to expedite the removal of certain buildings that 9 are a continuing hazard to the community in which they are 10 located. 11 If a residential building is 2 stories or less in height 12 as defined by the county's building code, and the official 13 designated to be in charge of enforcing the county's building 14 code determines that the building is open and vacant and an 15 immediate and continuing hazard to the community in which the 16 building is located, then the official shall be authorized to 17 post a notice not less than 2 feet by 2 feet in size on the 18 front of the building. The notice shall be dated as of the 19 date of the posting and shall state that unless the building 20 is demolished, repaired, or enclosed, and unless any garbage, 21 debris, and other hazardous, noxious, or unhealthy substances 22 or materials are removed so that an immediate and continuing 23 hazard to the community no longer exists, then the building 24 may be demolished, repaired, or enclosed, or any garbage, 25 debris, and other hazardous, noxious, or unhealthy substances 26 or materials may be removed, by the county. 27 Not later than 30 days following the posting of the 28 notice, the county shall do both of the following: 29 (1) Cause to be sent, by certified mail, return 30 receipt requested, a notice to all owners of record of 31 the property, the beneficial owners of any Illinois land 32 trust having title to the property, and all lienholders 33 of record in the property, stating the intent of the 34 county to demolish, repair, or enclose the building or SB746 Enrolled -30- LRB9101254EGfg 1 remove any garbage, debris, or other hazardous, noxious, 2 or unhealthy substances or materials if that action is 3 not taken by the owner or owners. 4 (2) Cause to be published, in a newspaper published 5 or circulated in the county where the building is 6 located, a notice setting forth (i) the permanent tax 7 index number and the address of the building, (ii) a 8 statement that the property is open and vacant and 9 constitutes an immediate and continuing hazard to the 10 community, and (iii) a statement that the county intends 11 to demolish, repair, or enclose the building or remove 12 any garbage, debris, or other hazardous, noxious, or 13 unhealthy substances or materials if the owner or owners 14 or lienholders of record fail to do so. This notice 15 shall be published for 3 consecutive days. 16 A person objecting to the proposed actions of the county 17 board may file his or her objection in an appropriate form in 18 a court of competent jurisdiction. 19 If the building is not demolished, repaired, or enclosed, 20 or the garbage, debris, or other hazardous, noxious, or 21 unhealthy substances or materials are not removed, within 30 22 days of mailing the notice to the owners of record, the 23 beneficial owners of any Illinois land trust having title to 24 the property, and all lienholders of record in the property, 25 or within 30 days of the last day of publication of the 26 notice, whichever is later, the county board shall have the 27 power to demolish, repair, or enclose the building or to 28 remove any garbage, debris, or other hazardous, noxious, or 29 unhealthy substances or materials. 30 The county may proceed to demolish, repair, or enclose a 31 building or remove any garbage, debris, or other hazardous, 32 noxious, or unhealthy substances or materials under this 33 subsection within a 120-day period following the date of the 34 mailing of the notice if the appropriate official determines SB746 Enrolled -31- LRB9101254EGfg 1 that the demolition, repair, enclosure, or removal of any 2 garbage, debris, or other hazardous, noxious, or unhealthy 3 substances or materials is necessary to remedy the immediate 4 and continuing hazard. If, however, before the county 5 proceeds with any of the actions authorized by this 6 subsection, any person has sought a hearing under this 7 subsection before a court and has served a copy of the 8 complaint on the chief executive officer of the county, then 9 the county shall not proceed with the demolition, repair, 10 enclosure, or removal of garbage, debris, or other substances 11 until the court determines that that action is necessary to 12 remedy the hazard and issues an order authorizing the county 13 to do so. 14 Following the demolition, repair, or enclosure of a 15 building, or the removal of garbage, debris, or other 16 hazardous, noxious, or unhealthy substances or materials 17 under this subsection, the county may file a notice of lien 18 against the real estate for the cost of the demolition, 19 repair, enclosure, or removal within 180 days after the 20 repair, demolition, enclosure, or removal occurred, for the 21 cost and expense incurred, in the office of the recorder in 22 the county in which the real estate is located or in the 23 office of the registrar of titles of the county if the real 24 estate affected is registered under the Registered Titles 25 (Torrens) Act. The notice of lien shall consist of a sworn 26 statement setting forth (i) a description of the real estate, 27 such as the address or other description of the property, 28 sufficient for its identification; (ii) the expenses incurred 29 by the county in undertaking the remedial actions authorized 30 under this subsection; (iii) the date or dates the expenses 31 were incurred by the county; (iv) a statement by the official 32 responsible for enforcing the building code that the building 33 was open and vacant and constituted an immediate and 34 continuing hazard to the community; (v) a statement by the SB746 Enrolled -32- LRB9101254EGfg 1 official that the required sign was posted on the building, 2 that notice was sent by certified mail to the owners of 3 record, and that notice was published in accordance with this 4 subsection; and (vi) a statement as to when and where the 5 notice was published. The lien authorized by this subsection 6 may thereafter be released or enforced by the county as 7 provided in subsection (a). 8 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97; 9 90-517, eff. 8-22-97; revised 3-4-99.) 10 Section 30. The School Code is amended by changing 11 Section 18-8.05 as follows: 12 (105 ILCS 5/18-8.05) 13 Sec. 18-8.05. Basis for apportionment of general State 14 financial aid and supplemental general State aid to the 15 common schools for the 1998-1999 and subsequent school years. 16 (A) General Provisions. 17 (1) The provisions of this Section apply to the 18 1998-1999 and subsequent school years. The system of general 19 State financial aid provided for in this Section is designed 20 to assure that, through a combination of State financial aid 21 and required local resources, the financial support provided 22 each pupil in Average Daily Attendance equals or exceeds a 23 prescribed per pupil Foundation Level. This formula approach 24 imputes a level of per pupil Available Local Resources and 25 provides for the basis to calculate a per pupil level of 26 general State financial aid that, when added to Available 27 Local Resources, equals or exceeds the Foundation Level. The 28 amount of per pupil general State financial aid for school 29 districts, in general, varies in inverse relation to 30 Available Local Resources. Per pupil amounts are based upon 31 each school district's Average Daily Attendance as that term 32 is defined in this Section. SB746 Enrolled -33- LRB9101254EGfg 1 (2) In addition to general State financial aid, school 2 districts with specified levels or concentrations of pupils 3 from low income households are eligible to receive 4 supplemental general State financial aid grants as provided 5 pursuant to subsection (H). The supplemental State aid grants 6 provided for school districts under subsection (H) shall be 7 appropriated for distribution to school districts as part of 8 the same line item in which the general State financial aid 9 of school districts is appropriated under this Section. 10 (3) To receive financial assistance under this Section, 11 school districts are required to file claims with the State 12 Board of Education, subject to the following requirements: 13 (a) Any school district which fails for any given 14 school year to maintain school as required by law, or to 15 maintain a recognized school is not eligible to file for 16 such school year any claim upon the Common School Fund. 17 In case of nonrecognition of one or more attendance 18 centers in a school district otherwise operating 19 recognized schools, the claim of the district shall be 20 reduced in the proportion which the Average Daily 21 Attendance in the attendance center or centers bear to 22 the Average Daily Attendance in the school district. A 23 "recognized school" means any public school which meets 24 the standards as established for recognition by the State 25 Board of Education. A school district or attendance 26 center not having recognition status at the end of a 27 school term is entitled to receive State aid payments due 28 upon a legal claim which was filed while it was 29 recognized. 30 (b) School district claims filed under this Section 31 are subject to Sections 18-9, 18-10, and 18-12, except as 32 otherwise provided in this Section. 33 (c) If a school district operates a full year 34 school under Section 10-19.1, the general State aid to SB746 Enrolled -34- LRB9101254EGfg 1 the school district shall be determined by the State 2 Board of Education in accordance with this Section as 3 near as may be applicable. 4 (d) (Blank). 5 (4) Except as provided in subsections (H) and (L), the 6 board of any district receiving any of the grants provided 7 for in this Section may apply those funds to any fund so 8 received for which that board is authorized to make 9 expenditures by law. 10 School districts are not required to exert a minimum 11 Operating Tax Rate in order to qualify for assistance under 12 this Section. 13 (5) As used in this Section the following terms, when 14 capitalized, shall have the meaning ascribed herein: 15 (a) "Average Daily Attendance": A count of pupil 16 attendance in school, averaged as provided for in 17 subsection (C) and utilized in deriving per pupil 18 financial support levels. 19 (b) "Available Local Resources": A computation of 20 local financial support, calculated on the basis of 21 Average Daily Attendance and derived as provided pursuant 22 to subsection (D). 23 (c) "Corporate Personal Property Replacement 24 Taxes": Funds paid to local school districts pursuant to 25 "An Act in relation to the abolition of ad valorem 26 personal property tax and the replacement of revenues 27 lost thereby, and amending and repealing certain Acts and 28 parts of Acts in connection therewith", certified August 29 14, 1979, as amended (Public Act 81-1st S.S.-1). 30 (d) "Foundation Level": A prescribed level of per 31 pupil financial support as provided for in subsection 32 (B). 33 (e) "Operating Tax Rate": All school district 34 property taxes extended for all purposes, except Bond and SB746 Enrolled -35- LRB9101254EGfg 1 Interest, Summer School, Rent, Capital Improvement, and 2 Vocational Education Building purposes. 3 (B) Foundation Level. 4 (1) The Foundation Level is a figure established by the 5 State representing the minimum level of per pupil financial 6 support that should be available to provide for the basic 7 education of each pupil in Average Daily Attendance. As set 8 forth in this Section, each school district is assumed to 9 exert a sufficient local taxing effort such that, in 10 combination with the aggregate of general State financial aid 11 provided the district, an aggregate of State and local 12 resources are available to meet the basic education needs of 13 pupils in the district. 14 (2) For the 1998-1999 school year, the Foundation Level 15 of support is $4,225. For the 1999-2000 school year, the 16 Foundation Level of support is $4,325. For the 2000-2001 17 school year, the Foundation Level of support is $4,425. 18 (3) For the 2001-2002 school year and each school year 19 thereafter, the Foundation Level of support is $4,425 or such 20 greater amount as may be established by law by the General 21 Assembly. 22 (C) Average Daily Attendance. 23 (1) For purposes of calculating general State aid 24 pursuant to subsection (E), an Average Daily Attendance 25 figure shall be utilized. The Average Daily Attendance 26 figure for formula calculation purposes shall be the monthly 27 average of the actual number of pupils in attendance of each 28 school district, as further averaged for the best 3 months of 29 pupil attendance for each school district. In compiling the 30 figures for the number of pupils in attendance, school 31 districts and the State Board of Education shall, for 32 purposes of general State aid funding, conform attendance 33 figures to the requirements of subsection (F). SB746 Enrolled -36- LRB9101254EGfg 1 (2) The Average Daily Attendance figures utilized in 2 subsection (E) shall be the requisite attendance data for the 3 school year immediately preceding the school year for which 4 general State aid is being calculated. 5 (D) Available Local Resources. 6 (1) For purposes of calculating general State aid 7 pursuant to subsection (E), a representation of Available 8 Local Resources per pupil, as that term is defined and 9 determined in this subsection, shall be utilized. Available 10 Local Resources per pupil shall include a calculated dollar 11 amount representing local school district revenues from local 12 property taxes and from Corporate Personal Property 13 Replacement Taxes, expressed on the basis of pupils in 14 Average Daily Attendance. 15 (2) In determining a school district's revenue from 16 local property taxes, the State Board of Education shall 17 utilize the equalized assessed valuation of all taxable 18 property of each school district as of September 30 of the 19 previous year. The equalized assessed valuation utilized 20 shall be obtained and determined as provided in subsection 21 (G). 22 (3) For school districts maintaining grades kindergarten 23 through 12, local property tax revenues per pupil shall be 24 calculated as the product of the applicable equalized 25 assessed valuation for the district multiplied by 3.00%, and 26 divided by the district's Average Daily Attendance figure. 27 For school districts maintaining grades kindergarten through 28 8, local property tax revenues per pupil shall be calculated 29 as the product of the applicable equalized assessed valuation 30 for the district multiplied by 2.30%, and divided by the 31 district's Average Daily Attendance figure. For school 32 districts maintaining grades 9 through 12, local property tax 33 revenues per pupil shall be the applicable equalized assessed 34 valuation of the district multiplied by 1.20%, and divided by SB746 Enrolled -37- LRB9101254EGfg 1 the district's Average Daily Attendance figure. 2 (4) The Corporate Personal Property Replacement Taxes 3 paid to each school district during the calendar year 2 years 4 before the calendar year in which a school year begins, 5 divided by the Average Daily Attendance figure for that 6 district, shall be added to the local property tax revenues 7 per pupil as derived by the application of the immediately 8 preceding paragraph (3). The sum of these per pupil figures 9 for each school district shall constitute Available Local 10 Resources as that term is utilized in subsection (E) in the 11 calculation of general State aid. 12 (E) Computation of General State Aid. 13 (1) For each school year, the amount of general State 14 aid allotted to a school district shall be computed by the 15 State Board of Education as provided in this subsection. 16 (2) For any school district for which Available Local 17 Resources per pupil is less than the product of 0.93 times 18 the Foundation Level, general State aid for that district 19 shall be calculated as an amount equal to the Foundation 20 Level minus Available Local Resources, multiplied by the 21 Average Daily Attendance of the school district. 22 (3) For any school district for which Available Local 23 Resources per pupil is equal to or greater than the product 24 of 0.93 times the Foundation Level and less than the product 25 of 1.75 times the Foundation Level, the general State aid per 26 pupil shall be a decimal proportion of the Foundation Level 27 derived using a linear algorithm. Under this linear 28 algorithm, the calculated general State aid per pupil shall 29 decline in direct linear fashion from 0.07 times the 30 Foundation Level for a school district with Available Local 31 Resources equal to the product of 0.93 times the Foundation 32 Level, to 0.05 times the Foundation Level for a school 33 district with Available Local Resources equal to the product 34 of 1.75 times the Foundation Level. The allocation of SB746 Enrolled -38- LRB9101254EGfg 1 general State aid for school districts subject to this 2 paragraph 3 shall be the calculated general State aid per 3 pupil figure multiplied by the Average Daily Attendance of 4 the school district. 5 (4) For any school district for which Available Local 6 Resources per pupil equals or exceeds the product of 1.75 7 times the Foundation Level, the general State aid for the 8 school district shall be calculated as the product of $218 9 multiplied by the Average Daily Attendance of the school 10 district. 11 (F) Compilation of Average Daily Attendance. 12 (1) Each school district shall, by July 1 of each year, 13 submit to the State Board of Education, on forms prescribed 14 by the State Board of Education, attendance figures for the 15 school year that began in the preceding calendar year. The 16 attendance information so transmitted shall identify the 17 average daily attendance figures for each month of the school 18 year, except that any days of attendance in August shall be 19 added to the month of September and any days of attendance in 20 June shall be added to the month of May. 21 Except as otherwise provided in this Section, days of 22 attendance by pupils shall be counted only for sessions of 23 not less than 5 clock hours of school work per day under 24 direct supervision of: (i) teachers, or (ii) non-teaching 25 personnel or volunteer personnel when engaging in 26 non-teaching duties and supervising in those instances 27 specified in subsection (a) of Section 10-22.34 and paragraph 28 10 of Section 34-18, with pupils of legal school age and in 29 kindergarten and grades 1 through 12. 30 Days of attendance by tuition pupils shall be accredited 31 only to the districts that pay the tuition to a recognized 32 school. 33 (2) Days of attendance by pupils of less than 5 clock 34 hours of school shall be subject to the following provisions SB746 Enrolled -39- LRB9101254EGfg 1 in the compilation of Average Daily Attendance. 2 (a) Pupils regularly enrolled in a public school 3 for only a part of the school day may be counted on the 4 basis of 1/6 day for every class hour of instruction of 5 40 minutes or more attended pursuant to such enrollment. 6 (b) Days of attendance may be less than 5 clock 7 hours on the opening and closing of the school term, and 8 upon the first day of pupil attendance, if preceded by a 9 day or days utilized as an institute or teachers' 10 workshop. 11 (c) A session of 4 or more clock hours may be 12 counted as a day of attendance upon certification by the 13 regional superintendent, and approved by the State 14 Superintendent of Education to the extent that the 15 district has been forced to use daily multiple sessions. 16 (d) A session of 3 or more clock hours may be 17 counted as a day of attendance (1) when the remainder of 18 the school day or at least 2 hours in the evening of that 19 day is utilized for an in-service training program for 20 teachers, up to a maximum of 5 days per school year of 21 which a maximum of 4 days of such 5 days may be used for 22 parent-teacher conferences, provided a district conducts 23 an in-service training program for teachers which has 24 been approved by the State Superintendent of Education; 25 or, in lieu of 4 such days, 2 full days may be used, in 26 which event each such day may be counted as a day of 27 attendance; and (2) when days in addition to those 28 provided in item (1) are scheduled by a school pursuant 29 to its school improvement plan adopted under Article 34 30 or its revised or amended school improvement plan adopted 31 under Article 2, provided that (i) such sessions of 3 or 32 more clock hours are scheduled to occur at regular 33 intervals, (ii) the remainder of the school days in which 34 such sessions occur are utilized for in-service training SB746 Enrolled -40- LRB9101254EGfg 1 programs or other staff development activities for 2 teachers, and (iii) a sufficient number of minutes of 3 school work under the direct supervision of teachers are 4 added to the school days between such regularly scheduled 5 sessions to accumulate not less than the number of 6 minutes by which such sessions of 3 or more clock hours 7 fall short of 5 clock hours. Any full days used for the 8 purposes of this paragraph shall not be considered for 9 computing average daily attendance. Days scheduled for 10 in-service training programs, staff development 11 activities, or parent-teacher conferences may be 12 scheduled separately for different grade levels and 13 different attendance centers of the district. 14 (e) A session of not less than one clock hour of 15 teaching hospitalized or homebound pupils on-site or by 16 telephone to the classroom may be counted as 1/2 day of 17 attendance, however these pupils must receive 4 or more 18 clock hours of instruction to be counted for a full day 19 of attendance. 20 (f) A session of at least 4 clock hours may be 21 counted as a day of attendance for first grade pupils, 22 and pupils in full day kindergartens, and a session of 2 23 or more hours may be counted as 1/2 day of attendance by 24 pupils in kindergartens which provide only 1/2 day of 25 attendance. 26 (g) For children with disabilities who are below 27 the age of 6 years and who cannot attend 2 or more clock 28 hours because of their disability or immaturity, a 29 session of not less than one clock hour may be counted as 30 1/2 day of attendance; however for such children whose 31 educational needs so require a session of 4 or more clock 32 hours may be counted as a full day of attendance. 33 (h) A recognized kindergarten which provides for 34 only 1/2 day of attendance by each pupil shall not have SB746 Enrolled -41- LRB9101254EGfg 1 more than 1/2 day of attendance counted in any one day. 2 However, kindergartens may count 2 1/2 days of attendance 3 in any 5 consecutive school days. When a pupil attends 4 such a kindergarten for 2 half days on any one school 5 day, the pupil shall have the following day as a day 6 absent from school, unless the school district obtains 7 permission in writing from the State Superintendent of 8 Education. Attendance at kindergartens which provide for 9 a full day of attendance by each pupil shall be counted 10 the same as attendance by first grade pupils. Only the 11 first year of attendance in one kindergarten shall be 12 counted, except in case of children who entered the 13 kindergarten in their fifth year whose educational 14 development requires a second year of kindergarten as 15 determined under the rules and regulations of the State 16 Board of Education. 17 (G) Equalized Assessed Valuation Data. 18 (1) For purposes of the calculation of Available Local 19 Resources required pursuant to subsection (D), the State 20 Board of Education shall secure from the Department of 21 Revenue the value as equalized or assessed by the Department 22 of Revenue of all taxable property of every school district 23 together with the applicable tax rate used in extending taxes 24 for the funds of the district as of September 30 of the 25 previous year. 26 This equalized assessed valuation, as adjusted further by 27 the requirements of this subsection, shall be utilized in the 28 calculation of Available Local Resources. 29 (2) The equalized assessed valuation in paragraph (1) 30 shall be adjusted, as applicable, in the following manner: 31 (a) For the purposes of calculating State aid under 32 this Section, with respect to any part of a school 33 district within a redevelopment project area in respect 34 to which a municipality has adopted tax increment SB746 Enrolled -42- LRB9101254EGfg 1 allocation financing pursuant to the Tax Increment 2 Allocation Redevelopment Act, Sections 11-74.4-1 through 3 11-74.4-11 of the Illinois Municipal Code or the 4 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 5 11-74.6-50 of the Illinois Municipal Code, no part of the 6 current equalized assessed valuation of real property 7 located in any such project area which is attributable to 8 an increase above the total initial equalized assessed 9 valuation of such property shall be used as part of the 10 equalized assessed valuation of the district, until such 11 time as all redevelopment project costs have been paid, 12 as provided in Section 11-74.4-8 of the Tax Increment 13 Allocation Redevelopment Act or in Section 11-74.6-35 of 14 the Industrial Jobs Recovery Law. For the purpose of the 15 equalized assessed valuation of the district, the total 16 initial equalized assessed valuation or the current 17 equalized assessed valuation, whichever is lower, shall 18 be used until such time as all redevelopment project 19 costs have been paid. 20 (b) The real property equalized assessed valuation 21 for a school district shall be adjusted by subtracting 22 from the real property value as equalized or assessed by 23 the Department of Revenue for the district an amount 24 computed by dividing the amount of any abatement of taxes 25 under Section 18-170 of the Property Tax Code by 3.00% 26 for a district maintaining grades kindergarten through 27 12, by 2.30% for a district maintaining grades 28 kindergarten through 8, or by 1.20% for a district 29 maintaining grades 9 through 12 and adjusted by an amount 30 computed by dividing the amount of any abatement of taxes 31 under subsection (a) of Section 18-165 of the Property 32 Tax Code by the same percentage rates for district type 33 as specified in this subparagraph (b). 34 (H) Supplemental General State Aid. SB746 Enrolled -43- LRB9101254EGfg 1 (1) In addition to the general State aid a school 2 district is allotted pursuant to subsection (E), qualifying 3 school districts shall receive a grant, paid in conjunction 4 with a district's payments of general State aid, for 5 supplemental general State aid based upon the concentration 6 level of children from low-income households within the 7 school district. Supplemental State aid grants provided for 8 school districts under this subsection shall be appropriated 9 for distribution to school districts as part of the same line 10 item in which the general State financial aid of school 11 districts is appropriated under this Section. For purposes of 12 this subsection, the term "Low-Income Concentration Level" 13 shall be the low-income eligible pupil count from the most 14 recently available federal census divided by the Average 15 Daily Attendance of the school district. If, however, the 16 percentage decrease from the 2 most recent federal censuses 17 in the low-income eligible pupil count of a high school 18 district with fewer than 400 students exceeds by 75% or more 19 the percentage change in the total low-income eligible pupil 20 count of contiguous elementary school districts, whose 21 boundaries are coterminous with the high school district, the 22 high school district's low-income eligible pupil count from 23 the earlier federal census shall be the number used as the 24 low-income eligible pupil count for the high school district, 25 for purposes of this subsection (H). 26 (2) Supplemental general State aid pursuant to this 27 subsection shall be provided as follows: 28 (a) For any school district with a Low Income 29 Concentration Level of at least 20% and less than 35%, 30 the grant for any school year shall be $800 multiplied by 31 the low income eligible pupil count. 32 (b) For any school district with a Low Income 33 Concentration Level of at least 35% and less than 50%, 34 the grant for the 1998-1999 school year shall be $1,100 SB746 Enrolled -44- LRB9101254EGfg 1 multiplied by the low income eligible pupil count. 2 (c) For any school district with a Low Income 3 Concentration Level of at least 50% and less than 60%, 4 the grant for the 1998-99 school year shall be $1,500 5 multiplied by the low income eligible pupil count. 6 (d) For any school district with a Low Income 7 Concentration Level of 60% or more, the grant for the 8 1998-99 school year shall be $1,900 multiplied by the low 9 income eligible pupil count. 10 (e) For the 1999-2000 school year, the per pupil 11 amount specified in subparagraphs (b), (c), and (d), 12 immediately above shall be increased by $100 to $1,200, 13 $1,600, and $2,000, respectively. 14 (f) For the 2000-2001 school year, the per pupil 15 amounts specified in subparagraphs (b), (c) and (d) 16 immediately above shall be increased to $1,230, $1,640, 17 and $2,050, respectively. 18 (3) School districts with an Average Daily Attendance of 19 more than 1,000 and less than 50,000 that qualify for 20 supplemental general State aid pursuant to this subsection 21 shall submit a plan to the State Board of Education prior to 22 October 30 of each year for the use of the funds resulting 23 from this grant of supplemental general State aid for the 24 improvement of instruction in which priority is given to 25 meeting the education needs of disadvantaged children. Such 26 plan shall be submitted in accordance with rules and 27 regulations promulgated by the State Board of Education. 28 (4) School districts with an Average Daily Attendance of 29 50,000 or more that qualify for supplemental general State 30 aid pursuant to this subsection shall be required to 31 distribute from funds available pursuant to this Section, no 32 less than $261,000,000 in accordance with the following 33 requirements: 34 (a) The required amounts shall be distributed to SB746 Enrolled -45- LRB9101254EGfg 1 the attendance centers within the district in proportion 2 to the number of pupils enrolled at each attendance 3 center who are eligible to receive free or reduced-price 4 lunches or breakfasts under the federal Child Nutrition 5 Act of 1966 and under the National School Lunch Act 6 during the immediately preceding school year. 7 (b) The distribution of these portions of 8 supplemental and general State aid among attendance 9 centers according to these requirements shall not be 10 compensated for or contravened by adjustments of the 11 total of other funds appropriated to any attendance 12 centers, and the Board of Education shall utilize funding 13 from one or several sources in order to fully implement 14 this provision annually prior to the opening of school. 15 (c) Each attendance center shall be provided by the 16 school district a distribution of noncategorical funds 17 and other categorical funds to which an attendance center 18 is entitled under law in order that the general State aid 19 and supplemental general State aid provided by 20 application of this subsection supplements rather than 21 supplants the noncategorical funds and other categorical 22 funds provided by the school district to the attendance 23 centers. 24 (d) Any funds made available under this subsection 25 that by reason of the provisions of this subsection are 26 not required to be allocated and provided to attendance 27 centers may be used and appropriated by the board of the 28 district for any lawful school purpose. 29 (e) Funds received by an attendance center pursuant 30 to this subsection shall be used by the attendance center 31 at the discretion of the principal and local school 32 council for programs to improve educational opportunities 33 at qualifying schools through the following programs and 34 services: early childhood education, reduced class size SB746 Enrolled -46- LRB9101254EGfg 1 or improved adult to student classroom ratio, enrichment 2 programs, remedial assistance, attendance improvement, 3 and other educationally beneficial expenditures which 4 supplement the regular and basic programs as determined 5 by the State Board of Education. Funds provided shall 6 not be expended for any political or lobbying purposes as 7 defined by board rule. 8 (f) Each district subject to the provisions of this 9 subdivision (H)(4) shall submit an acceptable plan to 10 meet the educational needs of disadvantaged children, in 11 compliance with the requirements of this paragraph, to 12 the State Board of Education prior to July 15 of each 13 year. This plan shall be consistent with the decisions of 14 local school councils concerning the school expenditure 15 plans developed in accordance with part 4 of Section 16 34-2.3. The State Board shall approve or reject the plan 17 within 60 days after its submission. If the plan is 18 rejected, the district shall give written notice of 19 intent to modify the plan within 15 days of the 20 notification of rejection and then submit a modified plan 21 within 30 days after the date of the written notice of 22 intent to modify. Districts may amend approved plans 23 pursuant to rules promulgated by the State Board of 24 Education. 25 Upon notification by the State Board of Education 26 that the district has not submitted a plan prior to July 27 15 or a modified plan within the time period specified 28 herein, the State aid funds affected by that plan or 29 modified plan shall be withheld by the State Board of 30 Education until a plan or modified plan is submitted. 31 If the district fails to distribute State aid to 32 attendance centers in accordance with an approved plan, 33 the plan for the following year shall allocate funds, in 34 addition to the funds otherwise required by this SB746 Enrolled -47- LRB9101254EGfg 1 subsection, to those attendance centers which were 2 underfunded during the previous year in amounts equal to 3 such underfunding. 4 For purposes of determining compliance with this 5 subsection in relation to the requirements of attendance 6 center funding, each district subject to the provisions 7 of this subsection shall submit as a separate document by 8 December 1 of each year a report of expenditure data for 9 the prior year in addition to any modification of its 10 current plan. If it is determined that there has been a 11 failure to comply with the expenditure provisions of this 12 subsection regarding contravention or supplanting, the 13 State Superintendent of Education shall, within 60 days 14 of receipt of the report, notify the district and any 15 affected local school council. The district shall within 16 45 days of receipt of that notification inform the State 17 Superintendent of Education of the remedial or corrective 18 action to be taken, whether by amendment of the current 19 plan, if feasible, or by adjustment in the plan for the 20 following year. Failure to provide the expenditure 21 report or the notification of remedial or corrective 22 action in a timely manner shall result in a withholding 23 of the affected funds. 24 The State Board of Education shall promulgate rules 25 and regulations to implement the provisions of this 26 subsection. No funds shall be released under this 27 subdivision (H)(4) to any district that has not submitted 28 a plan that has been approved by the State Board of 29 Education. 30 (I) General State Aid for Newly Configured School Districts. 31 (1) For a new school district formed by combining 32 property included totally within 2 or more previously 33 existing school districts, for its first year of existence 34 the general State aid and supplemental general State aid SB746 Enrolled -48- LRB9101254EGfg 1 calculated under this Section shall be computed for the new 2 district and for the previously existing districts for which 3 property is totally included within the new district. If the 4 computation on the basis of the previously existing districts 5 is greater, a supplementary payment equal to the difference 6 shall be made for the first 4 years of existence of the new 7 district. 8 (2) For a school district which annexes all of the 9 territory of one or more entire other school districts, for 10 the first year during which the change of boundaries 11 attributable to such annexation becomes effective for all 12 purposes as determined under Section 7-9 or 7A-8, the general 13 State aid and supplemental general State aid calculated under 14 this Section shall be computed for the annexing district as 15 constituted after the annexation and for the annexing and 16 each annexed district as constituted prior to the annexation; 17 and if the computation on the basis of the annexing and 18 annexed districts as constituted prior to the annexation is 19 greater, a supplementary payment equal to the difference 20 shall be made for the first 4 years of existence of the 21 annexing school district as constituted upon such annexation. 22 (3) For 2 or more school districts which annex all of 23 the territory of one or more entire other school districts, 24 and for 2 or more community unit districts which result upon 25 the division (pursuant to petition under Section 11A-2) of 26 one or more other unit school districts into 2 or more parts 27 and which together include all of the parts into which such 28 other unit school district or districts are so divided, for 29 the first year during which the change of boundaries 30 attributable to such annexation or division becomes effective 31 for all purposes as determined under Section 7-9 or 11A-10, 32 as the case may be, the general State aid and supplemental 33 general State aid calculated under this Section shall be 34 computed for each annexing or resulting district as SB746 Enrolled -49- LRB9101254EGfg 1 constituted after the annexation or division and for each 2 annexing and annexed district, or for each resulting and 3 divided district, as constituted prior to the annexation or 4 division; and if the aggregate of the general State aid and 5 supplemental general State aid as so computed for the 6 annexing or resulting districts as constituted after the 7 annexation or division is less than the aggregate of the 8 general State aid and supplemental general State aid as so 9 computed for the annexing and annexed districts, or for the 10 resulting and divided districts, as constituted prior to the 11 annexation or division, then a supplementary payment equal to 12 the difference shall be made and allocated between or among 13 the annexing or resulting districts, as constituted upon such 14 annexation or division, for the first 4 years of their 15 existence. The total difference payment shall be allocated 16 between or among the annexing or resulting districts in the 17 same ratio as the pupil enrollment from that portion of the 18 annexed or divided district or districts which is annexed to 19 or included in each such annexing or resulting district bears 20 to the total pupil enrollment from the entire annexed or 21 divided district or districts, as such pupil enrollment is 22 determined for the school year last ending prior to the date 23 when the change of boundaries attributable to the annexation 24 or division becomes effective for all purposes. The amount 25 of the total difference payment and the amount thereof to be 26 allocated to the annexing or resulting districts shall be 27 computed by the State Board of Education on the basis of 28 pupil enrollment and other data which shall be certified to 29 the State Board of Education, on forms which it shall provide 30 for that purpose, by the regional superintendent of schools 31 for each educational service region in which the annexing and 32 annexed districts, or resulting and divided districts are 33 located. 34 (3.5) Claims for financial assistance under this SB746 Enrolled -50- LRB9101254EGfg 1 subsection (I) shall not be recomputed except as expressly 2 provided under this Section. 3 (4) Any supplementary payment made under this subsection 4 (I) shall be treated as separate from all other payments made 5 pursuant to this Section. 6 (J) Supplementary Grants in Aid. 7 (1) Notwithstanding any other provisions of this 8 Section, the amount of the aggregate general State aid in 9 combination with supplemental general State aid under this 10 Section for which each school district is eligible shall be 11 no less than the amount of the aggregate general State aid 12 entitlement that was received by the district under Section 13 18-8 (exclusive of amounts received under subsections 5(p) 14 and 5(p-5) of that Section) for the 1997-98 school year, 15 pursuant to the provisions of that Section as it was then in 16 effect. If a school district qualifies to receive a 17 supplementary payment made under this subsection (J), the 18 amount of the aggregate general State aid in combination with 19 supplemental general State aid under this Section which that 20 district is eligible to receive for each school year shall be 21 no less than the amount of the aggregate general State aid 22 entitlement that was received by the district under Section 23 18-8 (exclusive of amounts received under subsections 5(p) 24 and 5(p-5) of that Section) for the 1997-1998 school year, 25 pursuant to the provisions of that Section as it was then in 26 effect. 27 (2) If, as provided in paragraph (1) of this subsection 28 (J), a school district is to receive aggregate general State 29 aid in combination with supplemental general State aid under 30 this Section for the 1998-99 school year and any subsequent 31 school year that in any such school year is less than the 32 amount of the aggregate general State aid entitlement that 33 the district received for the 1997-98 school year, the school 34 district shall also receive, from a separate appropriation SB746 Enrolled -51- LRB9101254EGfg 1 made for purposes of this subsection (J), a supplementary 2 payment that is equal to the amount of the difference in the 3 aggregate State aid figures as described in paragraph (1). 4 (3) (Blank). 5 (K) Grants to Laboratory and Alternative Schools. 6 In calculating the amount to be paid to the governing 7 board of a public university that operates a laboratory 8 school under this Section or to any alternative school that 9 is operated by a regional superintendent of schools, the 10 State Board of Education shall require by rule such reporting 11 requirements as it deems necessary. 12 As used in this Section, "laboratory school" means a 13 public school which is created and operated by a public 14 university and approved by the State Board of Education. The 15 governing board of a public university which receives funds 16 from the State Board under this subsection (K) may not 17 increase the number of students enrolled in its laboratory 18 school from a single district, if that district is already 19 sending 50 or more students, except under a mutual agreement 20 between the school board of a student's district of residence 21 and the university which operates the laboratory school. A 22 laboratory school may not have more than 1,000 students, 23 excluding students with disabilities in a special education 24 program. 25 As used in this Section, "alternative school" means a 26 public school which is created and operated by a Regional 27 Superintendent of Schools and approved by the State Board of 28 Education. Such alternative schools may offer courses of 29 instruction for which credit is given in regular school 30 programs, courses to prepare students for the high school 31 equivalency testing program or vocational and occupational 32 training. A regional superintendent of schools may contract 33 with a school district or a public community college district 34 to operate an alternative school. An alternative school SB746 Enrolled -52- LRB9101254EGfg 1 serving more than one educational service region may be 2 established by the regional superintendents of schools of 3thosethe affected educational service regions. An 4 alternative school serving more than one educational service 5 region may be operated under such terms as the regional 6 superintendents of schools of those educational service 7 regions may agree. 8 Each laboratory and alternative school shall file, on 9 forms provided by the State Superintendent of Education, an 10 annual State aid claim which states the Average Daily 11 Attendance of the school's students by month. The best 3 12 months' Average Daily Attendance shall be computed for each 13 school. The general State aid entitlement shall be computed 14 by multiplying the applicable Average Daily Attendance by the 15 Foundation Level as determined under this Section. 16 (L) Payments, Additional Grants in Aid and Other 17 Requirements. 18 (1) For a school district operating under the financial 19 supervision of an Authority created under Article 34A, the 20 general State aid otherwise payable to that district under 21 this Section, but not the supplemental general State aid, 22 shall be reduced by an amount equal to the budget for the 23 operations of the Authority as certified by the Authority to 24 the State Board of Education, and an amount equal to such 25 reduction shall be paid to the Authority created for such 26 district for its operating expenses in the manner provided in 27 Section 18-11. The remainder of general State school aid for 28 any such district shall be paid in accordance with Article 29 34A when that Article provides for a disposition other than 30 that provided by this Article. 31 (2) Impaction. Impaction payments shall be made as 32 provided for in Section 18-4.2. 33 (3) Summer school. Summer school payments shall be made 34 as provided in Section 18-4.3. SB746 Enrolled -53- LRB9101254EGfg 1 (M) Education Funding Advisory Board. 2 The Education Funding Advisory Board, hereinafter in this 3 subsection (M) referred to as the "Board", is hereby created. 4 The Board shall consist of 5 members who are appointed by the 5 Governor, by and with the advice and consent of the Senate. 6 The members appointed shall include representatives of 7 education, business, and the general public. One of the 8 members so appointed shall be designated by the Governor at 9 the time the appointment is made as the chairperson of the 10 Board. The initial members of the Board may be appointed any 11 time after the effective date of this amendatory Act of 1997. 12 The regular term of each member of the Board shall be for 4 13 years from the third Monday of January of the year in which 14 the term of the member's appointment is to commence, except 15 that of the 5 initial members appointed to serve on the 16 Board, the member who is appointed as the chairperson shall 17 serve for a term that commences on the date of his or her 18 appointment and expires on the third Monday of January, 2002, 19 and the remaining 4 members, by lots drawn at the first 20 meeting of the Board that is held after all 5 members are 21 appointed, shall determine 2 of their number to serve for 22 terms that commence on the date of their respective 23 appointments and expire on the third Monday of January, 2001, 24 and 2 of their number to serve for terms that commence on the 25 date of their respective appointments and expire on the third 26 Monday of January, 2000. All members appointed to serve on 27 the Board shall serve until their respective successors are 28 appointed and confirmed. Vacancies shall be filled in the 29 same manner as original appointments. If a vacancy in 30 membership occurs at a time when the Senate is not in 31 session, the Governor shall make a temporary appointment 32 until the next meeting of the Senate, when he or she shall 33 appoint, by and with the advice and consent of the Senate, a 34 person to fill that membership for the unexpired term. If SB746 Enrolled -54- LRB9101254EGfg 1 the Senate is not in session when the initial appointments 2 are made, those appointments shall be made as in the case of 3 vacancies. 4 The Education Funding Advisory Board shall be deemed 5 established, and the initial members appointed by the 6 Governor to serve as members of the Board shall take office, 7 on the date that the Governor makes his or her appointment of 8 the fifth initial member of the Board, whether those initial 9 members are then serving pursuant to appointment and 10 confirmation or pursuant to temporary appointments that are 11 made by the Governor as in the case of vacancies. 12 The State Board of Education shall provide such staff 13 assistance to the Education Funding Advisory Board as is 14 reasonably required for the proper performance by the Board 15 of its responsibilities. 16 For school years after the 2000-2001 school year, the 17 Education Funding Advisory Board, in consultation with the 18 State Board of Education, shall make recommendations as 19 provided in this subsection (M) to the General Assembly for 20 the foundation level under subdivision (B)(3) of this Section 21 and for the supplemental general State aid grant level under 22 subsection (H) of this Section for districts with high 23 concentrations of children from poverty. The recommended 24 foundation level shall be determined based on a methodology 25 which incorporates the basic education expenditures of 26 low-spending schools exhibiting high academic performance. 27 The Education Funding Advisory Board shall make such 28 recommendations to the General Assembly on January 1 of odd 29 numbered years, beginning January 1, 2001. 30 (N) General State Aid Adjustment Grant. 31 (1) Any school district subject to property tax 32 extension limitations as imposed under the provisions of the 33 Property Tax Extension Limitation Law shall be entitled to 34 receive, subject to the qualifications and requirements of SB746 Enrolled -55- LRB9101254EGfg 1 this subsection, a general State aid adjustment grant. 2 Eligibility for this grant shall be determined on an annual 3 basis and claims for grant payments shall be paid subject to 4 appropriations made specific to this subsection. For 5 purposes of this subsection the following terms shall have 6 the following meanings: 7 "Budget Year": The school year for which general State 8 aid is calculated and awarded under subsection (E). 9 "Current Year": The school year immediately preceding 10 the Budget Year. 11 "Base Tax Year": The property tax levy year used to 12 calculate the Budget Year allocation of general State aid. 13 "Preceding Tax Year": The property tax levy year 14 immediately preceding the Base Tax Year. 15 "Extension Limitation Ratio": A numerical ratio, 16 certified by a school district's County Clerk, in which the 17 numerator is the Base Tax Year's tax extension amount 18 resulting from the Limiting Rate and the denominator is the 19 Preceding Tax Year's tax extension amount resulting from the 20 Limiting Rate. 21 "Limiting Rate": The limiting rate as defined in the 22 Property Tax Extension Limitation Law. 23 "Preliminary Tax Rate": The tax rate for all purposes 24 except bond and interest that would have been used to extend 25 those taxes absent the provisions of the Property Tax 26 Extension Limitation Law. 27 (2) To qualify for a general State aid adjustment grant, 28 a school district must meet all of the following eligibility 29 criteria for each Budget Year for which a grant is claimed: 30 (a) (Blank). 31 (b) The Preliminary Tax Rate of the school district 32 for the Base Tax Year was reduced by the Clerk of the 33 County as a result of the requirements of the Property 34 Tax Extension Limitation Law. SB746 Enrolled -56- LRB9101254EGfg 1 (c) The Available Local Resources per pupil of the 2 school district as calculated pursuant to subsection (D) 3 using the Base Tax Year are less than the product of 1.75 4 times the Foundation Level for the Budget Year. 5 (d) The school district has filed a proper and 6 timely claim for a general State aid adjustment grant as 7 required under this subsection. 8 (3) A claim for grant assistance under this subsection 9 shall be filed with the State Board of Education on or before 10 April 1 of the Current Year for a grant for the Budget Year. 11 The claim shall be made on forms prescribed by the State 12 Board of Education and must be accompanied by a written 13 statement from the Clerk of the County, certifying: 14 (a) That the school district had its Preliminary 15 Tax Rate for the Base Tax Year reduced as a result of the 16 Property Tax Extension Limitation Law. 17 (b) (Blank). 18 (c) The Extension Limitation Ratio as that term is 19 defined in this subsection. 20 (4) On or before August 1 of the Budget Year the State 21 Board of Education shall calculate, for all school districts 22 meeting the other requirements of this subsection, the amount 23 of the general State aid adjustment grant, if any, that the 24 school districts are eligible to receive in the Budget Year. 25 The amount of the general State aid adjustment grant shall be 26 calculated as follows: 27 (a) Determine the school district's general State 28 aid grant for the Budget Year as provided in accordance 29 with the provisions of subsection (E). 30 (b) Determine the school district's adjusted level 31 of general State aid by utilizing in the calculation of 32 Available Local Resources the equalized assessed 33 valuation that was used to calculate the general State 34 aid for the preceding fiscal year multiplied by the SB746 Enrolled -57- LRB9101254EGfg 1 Extension Limitation Ratio. 2 (c) Subtract the sum derived in subparagraph (a) 3 from the sum derived in subparagraph (b). If the result 4 is a positive number, that amount shall be the general 5 State aid adjustment grant that the district is eligible 6 to receive. 7 (5) The State Board of Education shall in the Current 8 Year, based upon claims filed in the Current Year, recommend 9 to the General Assembly an appropriation amount for the 10 general State aid adjustment grants to be made in the Budget 11 Year. 12 (6) Claims for general State aid adjustment grants shall 13 be paid in a lump sum on or before January 1 of the Budget 14 Year only from appropriations made by the General Assembly 15 expressly for claims under this subsection. No such claims 16 may be paid from amounts appropriated for any other purpose 17 provided for under this Section. In the event that the 18 appropriation for claims under this subsection is 19 insufficient to meet all Budget Year claims for a general 20 State aid adjustment grant, the appropriation available shall 21 be proportionately prorated by the State Board of Education 22 amongst all districts filing for and entitled to payments. 23 (7) The State Board of Education shall promulgate the 24 required claim forms and rules necessary to implement the 25 provisions of this subsection. 26 (O) References. 27 (1) References in other laws to the various subdivisions 28 of Section 18-8 as that Section existed before its repeal and 29 replacement by this Section 18-8.05 shall be deemed to refer 30 to the corresponding provisions of this Section 18-8.05, to 31 the extent that those references remain applicable. 32 (2) References in other laws to State Chapter 1 funds 33 shall be deemed to refer to the supplemental general State 34 aid provided under subsection (H) of this Section. SB746 Enrolled -58- LRB9101254EGfg 1 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 2 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 3 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised 4 2-17-99.) 5 Section 35. The Currency Exchange Act is amended by 6 renumbering Section .1 as follows: 7 (205 ILCS 405/0.1) 8 Sec. 0.1..1.Short Title. This Act shall be known and 9 may be cited as the Currency Exchange Act. 10 (Source: P.A. 86-432; revised 3-16-99.) 11 Section 40. The Illinois Public Aid Code is amended by 12 changing Section 5-5.02 as follows: 13 (305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02) 14 Sec. 5-5.02. Hospital reimbursements. 15 (a) Reimbursement to Hospitals; July 1, 1992 through 16 September 30, 1992. Notwithstanding any other provisions of 17 this Code or the Illinois Department's Rules promulgated 18 under the Illinois Administrative Procedure Act, 19 reimbursement to hospitals for services provided during the 20 period July 1, 1992 through September 30, 1992, shall be as 21 follows: 22 (1) For inpatient hospital services rendered, or if 23 applicable, for inpatient hospital discharges occurring, 24 on or after July 1, 1992 and on or before September 30, 25 1992, the Illinois Department shall reimburse hospitals 26 for inpatient services under the reimbursement 27 methodologies in effect for each hospital, and at the 28 inpatient payment rate calculated for each hospital, as 29 of June 30, 1992. For purposes of this paragraph, 30 "reimbursement methodologies" means all reimbursement SB746 Enrolled -59- LRB9101254EGfg 1 methodologies that pertain to the provision of inpatient 2 hospital services, including, but not limited to, any 3 adjustments for disproportionate share, targeted access, 4 critical care access and uncompensated care, as defined 5 by the Illinois Department on June 30, 1992. 6 (2) For the purpose of calculating the inpatient 7 payment rate for each hospital eligible to receive 8 quarterly adjustment payments for targeted access and 9 critical care, as defined by the Illinois Department on 10 June 30, 1992, the adjustment payment for the period July 11 1, 1992 through September 30, 1992, shall be 25% of the 12 annual adjustment payments calculated for each eligible 13 hospital, as of June 30, 1992. The Illinois Department 14 shall determine by rule the adjustment payments for 15 targeted access and critical care beginning October 1, 16 1992. 17 (3) For the purpose of calculating the inpatient 18 payment rate for each hospital eligible to receive 19 quarterly adjustment payments for uncompensated care, as 20 defined by the Illinois Department on June 30, 1992, the 21 adjustment payment for the period August 1, 1992 through 22 September 30, 1992, shall be one-sixth of the total 23 uncompensated care adjustment payments calculated for 24 each eligible hospital for the uncompensated care rate 25 year, as defined by the Illinois Department, ending on 26 July 31, 1992. The Illinois Department shall determine 27 by rule the adjustment payments for uncompensated care 28 beginning October 1, 1992. 29 (b) Inpatient payments. For inpatient services provided 30 on or after October 1, 1993, in addition to rates paid for 31 hospital inpatient services pursuant to the Illinois Health 32 Finance Reform Act, as now or hereafter amended, or the 33 Illinois Department's prospective reimbursement methodology, 34 or any other methodology used by the Illinois Department for SB746 Enrolled -60- LRB9101254EGfg 1 inpatient services, the Illinois Department shall make 2 adjustment payments, in an amount calculated pursuant to the 3 methodology described in paragraph (c) of this Section, to 4 hospitals that the Illinois Department determines satisfy any 5 one of the following requirements: 6 (1) Hospitals that are described in Section 1923 of 7 the federal Social Security Act, as now or hereafter 8 amended; or 9 (2) Illinois hospitals that have a Medicaid 10 inpatient utilization rate which is at least one-half a 11 standard deviation above the mean Medicaid inpatient 12 utilization rate for all hospitals in Illinois receiving 13 Medicaid payments from the Illinois Department; or 14 (3) Illinois hospitals that on July 1, 1991 had a 15 Medicaid inpatient utilization rate, as defined in 16 paragraph (h)(f)of this Section, that was at least the 17 mean Medicaid inpatient utilization rate for all 18 hospitals in Illinois receiving Medicaid payments from 19 the Illinois Department and which were located in a 20 planning area with one-third or fewer excess beds as 21 determined by the Illinois Health Facilities Planning 22 Board, and that, as of June 30, 1992, were located in a 23 federally designated Health Manpower Shortage Area; or 24 (4) Illinois hospitals that: 25 (A) have a Medicaid inpatient utilization rate 26 that is at least equal to the mean Medicaid 27 inpatient utilization rate for all hospitals in 28 Illinois receiving Medicaid payments from the 29 Department; and 30 (B) also have a Medicaid obstetrical inpatient 31 utilization rate that is at least one standard 32 deviation above the mean Medicaid obstetrical 33 inpatient utilization rate for all hospitals in 34 Illinois receiving Medicaid payments from the SB746 Enrolled -61- LRB9101254EGfg 1 Department for obstetrical services; or 2 (5) Any children's hospital, which means a hospital 3 devoted exclusively to caring for children. A hospital 4 which includes a facility devoted exclusively to caring 5 for children that is separately licensed as a hospital by 6 a municipality prior to September 30, 1998 shall be 7 considered a children's hospital to the degree that the 8 hospital's Medicaid care is provided to children. 9 (c) Inpatient adjustment payments. The adjustment 10 payments required by paragraph (b) shall be calculated based 11 upon the hospital's Medicaid inpatient utilization rate as 12 follows: 13 (1) hospitals with a Medicaid inpatient utilization 14 rate below the mean shall receive a per day adjustment 15 payment equal to $25; 16 (2) hospitals with a Medicaid inpatient 17 utilization rate that is equal to or greater than the 18 mean Medicaid inpatient utilization rate but less than 19 one standard deviation above the mean Medicaid inpatient 20 utilization rate shall receive a per day adjustment 21 payment equal to the sum of $25 plus $1 for each one 22 percent that the hospital's Medicaid inpatient 23 utilization rate exceeds the mean Medicaid inpatient 24 utilization rate; 25 (3) hospitals with a Medicaid inpatient 26 utilization rate that is equal to or greater than one 27 standard deviation above the mean Medicaid inpatient 28 utilization rate but less than 1.5 standard deviations 29 above the mean Medicaid inpatient utilization rate shall 30 receive a per day adjustment payment equal to the sum of 31 $40 plus $7 for each one percent that the hospital's 32 Medicaid inpatient utilization rate exceeds one standard 33 deviation above the mean Medicaid inpatient utilization 34 rate; and SB746 Enrolled -62- LRB9101254EGfg 1 (4) hospitals with a Medicaid inpatient 2 utilization rate that is equal to or greater than 1.5 3 standard deviations above the mean Medicaid inpatient 4 utilization rate shall receive a per day adjustment 5 payment equal to the sum of $90 plus $2 for each one 6 percent that the hospital's Medicaid inpatient 7 utilization rate exceeds 1.5 standard deviations above 8 the mean Medicaid inpatient utilization rate. 9 (d) Supplemental adjustment payments. In addition to 10 the adjustment payments described in paragraph (c), hospitals 11 as defined in clauses (1) through (5) of paragraph (b), 12 excluding county hospitals (as defined in subsection (c) of 13 Section 15-1 of this Code) and a hospital organized under the 14 University of Illinois Hospital Act, shall be paid 15 supplemental inpatient adjustment payments of $60 per day. 16 For purposes of Title XIX of the federal Social Security Act, 17 these supplemental adjustment payments shall not be 18 classified as adjustment payments to disproportionate share 19 hospitals. 20 (e) The inpatient adjustment payments described in 21 paragraphs (c) and (d) shall be increased on October 1, 1993 22 and annually thereafter by a percentage equal to the lesser 23 of (i) the increase in the DRI hospital cost index for the 24 most recent 12 month period for which data are available, or 25 (ii) the percentage increase in the statewide average 26 hospital payment rate over the previous year's statewide 27 average hospital payment rate. The sum of the inpatient 28 adjustment payments under paragraphs (c) and (d) to a 29 hospital, other than a county hospital (as defined in 30 subsection (c) of Section 15-1 of this Code) or a hospital 31 organized under the University of Illinois Hospital Act, 32 however, shall not exceed $275 per day; that limit shall be 33 increased on October 1, 1993 and annually thereafter by a 34 percentage equal to the lesser of (i) the increase in the DRI SB746 Enrolled -63- LRB9101254EGfg 1 hospital cost index for the most recent 12-month period for 2 which data are available or (ii) the percentage increase in 3 the statewide average hospital payment rate over the previous 4 year's statewide average hospital payment rate. 5 (f) Children's hospital inpatient adjustment payments. 6 For children's hospitals, as defined in clause (5) of 7 paragraph (b), the adjustment payments required pursuant to 8 paragraphs (c) and (d) shall be multiplied by 2.0. 9 (g) County hospital inpatient adjustment payments. For 10 county hospitals, as defined in subsection (c) of Section 11 15-1 of this Code, there shall be an adjustment payment as 12 determined by rules issued by the Illinois Department. 13 (h) For the purposes of this Section the following 14 terms shall be defined as follows: 15 (1) "Medicaid inpatient utilization rate" means a 16 fraction, the numerator of which is the number of a 17 hospital's inpatient days provided in a given 12-month 18 period to patients who, for such days, were eligible for 19 Medicaid under Title XIX of the federal Social Security 20 Act, and the denominator of which is the total number of 21 the hospital's inpatient days in that same period. 22 (2) "Mean Medicaid inpatient utilization rate" 23 means the total number of Medicaid inpatient days 24 provided by all Illinois Medicaid-participating hospitals 25 divided by the total number of inpatient days provided by 26 those same hospitals. 27 (3) "Medicaid obstetrical inpatient utilization 28 rate" means the ratio of Medicaid obstetrical inpatient 29 days to total Medicaid inpatient days for all Illinois 30 hospitals receiving Medicaid payments from the Illinois 31 Department. 32 (i) Inpatient adjustment payment limit. In order to 33 meet the limits of Public Law 102-234 and Public Law 103-66, 34 the Illinois Department shall by rule adjust disproportionate SB746 Enrolled -64- LRB9101254EGfg 1 share adjustment payments. 2 (j) University of Illinois Hospital inpatient adjustment 3 payments. For hospitals organized under the University of 4 Illinois Hospital Act, there shall be an adjustment payment 5 as determined by rules adopted by the Illinois Department. 6 (k) The Illinois Department may by rule establish 7 criteria for and develop methodologies for adjustment 8 payments to hospitals participating under this Article. 9 (Source: P.A. 89-21, eff. 7-1-95; 90-588, eff. 7-1-98; 10 revised 3-16-99.) 11 Section 45. The Elder Abuse and Neglect Act is amended 12 by changing Section 2 as follows: 13 (320 ILCS 20/2) (from Ch. 23, par. 6602) 14 Sec. 2. Definitions. As used in this Act, unless the 15 context requires otherwise: 16 (a) "Abuse" means causing any physical, mental or sexual 17 injury to an eligible adult, including exploitation of such 18 adult's financial resources. 19 Nothing in this Act shall be construed to mean that an 20 eligible adult is a victim of abuse or neglect for the sole 21 reason that he or she is being furnished with or relies upon 22 treatment by spiritual means through prayer alone, in 23 accordance with the tenets and practices of a recognized 24 church or religious denomination. 25 Nothing in this Act shall be construed to mean that an 26 eligible adult is a victim of abuse because of health care 27 services provided or not provided by licensed health care 28 professionals. 29 (a-5) "Abuser" means a person who abuses, neglects, or 30 financially exploits an eligible adult. 31 (a-7) "Caregiver" means a person who either as a result 32 of a family relationship, voluntarily, or in exchange for SB746 Enrolled -65- LRB9101254EGfg 1 compensation has assumed responsibility for all or a portion 2 of the care of an eligible adult who needs assistance with 3 activities of daily living. 4 (b) "Department" means the Department on Aging of the 5 State of Illinois. 6 (c) "Director" means the Director of the Department. 7 (d) "Domestic living situation" means a residence where 8 the eligible adult lives alone or with his or her family or a 9 caregiver, or others, or a board and care home or other 10 community-based unlicensed facility, but is not: 11 (1) A licensed facility as defined in Section 1-113 12 of the Nursing Home Care Act; 13 (2) A "life care facility" as defined in the Life 14 Care Facilities Act; 15 (3) A home, institution, or other place operated by 16 the federal government or agency thereof or by the State 17 of Illinois; 18 (4) A hospital, sanitarium, or other institution, 19 the principal activity or business of which is the 20 diagnosis, care, and treatment of human illness through 21 the maintenance and operation of organized facilities 22 therefor, which is required to be licensed under the 23 Hospital Licensing Act; 24 (5) A "community living facility" as defined in the 25 Community Living Facilities Licensing Act; 26 (6) A "community residential alternative" as 27 defined in the Community Residential Alternatives 28 Licensing Act; and 29 (7) A "community-integrated living arrangement" as 30 defined in the Community-Integrated Living Arrangements 31 Licensure and Certification Act. 32 (e) "Eligible adult" means a person 60 years of age or 33 older who resides in a domestic living situation and is, or 34 is alleged to be, abused, neglected, or financially exploited SB746 Enrolled -66- LRB9101254EGfg 1 by another individual. 2 (f) "Emergency" means a situation in which an eligible 3 adult is living in conditions presenting a risk of death or 4 physical, mental or sexual injury and the provider agency has 5 reason to believe the eligible adult is unable to consent to 6 services which would alleviate that risk. 7 (f-5) "Mandated reporter" means any of the following 8 persons while engaged in carrying out their professional 9 duties: 10 (1) a professional or professional's delegate while 11 engaged in: (i) social services, (ii) law enforcement, 12 (iii) education, (iv) the care of an eligible adult or 13 eligible adults, or (v) any of the occupations required 14 to be licensed under the Clinical Psychologist Licensing 15 Act, the Clinical Social Work and Social Work Practice 16 Act, the Illinois Dental Practice Act, the Dietetic and 17 Nutrition Services Practice Act, the Marriage and Family 18 Therapy Licensing Act, the Medical Practice Act of 1987, 19 the Naprapathic Practice Act, theIllinoisNursing and 20 Advanced Practice Nursing Actof 1987, the Nursing Home 21 Administrators Licensing and Disciplinary Act, the 22 Illinois Occupational Therapy Practice Act, the Illinois 23 Optometric Practice Act of 1987, the Pharmacy Practice 24 Act of 1987, the Illinois Physical Therapy Act, the 25 Physician Assistant Practice Act of 1987, the Podiatric 26 Medical Practice Act of 1987, the Professional Counselor 27 and Clinical Professional Counselor Licensing Act, the 28 Illinois Speech-Language Pathology and Audiology Practice 29 Act, the Veterinary Medicine and Surgery Practice Act of 30 1994, and the Illinois Public Accounting Act; 31 (2) an employee of a vocational rehabilitation 32 facility prescribed or supervised by the Department of 33 Human Services; 34 (3) an administrator, employee, or person providing SB746 Enrolled -67- LRB9101254EGfg 1 services in or through an unlicensed community based 2 facility; 3 (4) a Christian Science Practitioner; 4 (5) field personnel of the Department of Public 5 Aid, Department of Public Health, and Department of Human 6 Services, and any county or municipal health department; 7 (6) personnel of the Department of Human Services, 8 the Guardianship and Advocacy Commission, the State Fire 9 Marshal, local fire departments, the Department on Aging 10 and its subsidiary Area Agencies on Aging and provider 11 agencies, and the Office of State Long Term Care 12 Ombudsman; 13 (7) any employee of the State of Illinois not 14 otherwise specified herein who is involved in providing 15 services to eligible adults, including professionals 16 providing medical or rehabilitation services and all 17 other persons having direct contact with eligible adults; 18 or 19 (8)(9)a person who performs the duties of a 20 coroner or medical examiner. 21 (g) "Neglect" means another individual's failure to 22 provide an eligible adult with or willful withholding from an 23 eligible adult the necessities of life including, but not 24 limited to, food, clothing, shelter or medical care. This 25 subsection does not create any new affirmative duty to 26 provide support to eligible adults. Nothing in this Act 27 shall be construed to mean that an eligible adult is a victim 28 of neglect because of health care services provided or not 29 provided by licensed health care professionals. 30 (h) "Provider agency" means any public or nonprofit 31 agency in a planning and service area appointed by the 32 regional administrative agency with prior approval by the 33 Department on Aging to receive and assess reports of alleged 34 or suspected abuse, neglect, or financial exploitation. SB746 Enrolled -68- LRB9101254EGfg 1 (i) "Regional administrative agency" means any public or 2 nonprofit agency in a planning and service area so designated 3 by the Department, provided that the designated Area Agency 4 on Aging shall be designated the regional administrative 5 agency if it so requests. The Department shall assume the 6 functions of the regional administrative agency for any 7 planning and service area where another agency is not so 8 designated. 9 (j) "Substantiated case" means a reported case of 10 alleged or suspected abuse, neglect, or financial 11 exploitation in which a provider agency, after assessment, 12 determines that there is reason to believe abuse, neglect, or 13 financial exploitation has occurred. 14 (Source: P.A. 90-628, eff. 1-1-99; revised 3-1-99.) 15 Section 50. The Senior Citizens and Disabled Persons 16 Property Tax Relief and Pharmaceutical Assistance Act is 17 amended by changing Section 5 as follows: 18 (320 ILCS 25/5) (from Ch. 67 1/2, par. 405) 19 Sec. 5. Procedure. 20 (a) In general. Claims must be filed after January 1, 21 on forms prescribed by the Department. No claim may be filed 22 more than one year after December 31 of the year for which 23 the claim is filed except that claims for 1976 may be filed 24 until December 31, 1978. The pharmaceutical assistance 25 identification card provided for in subsection (f)(g)of 26 Section 4 shall be valid for a period not to exceed one year. 27 (b) Claim is Personal. The right to file a claim under 28 this Act shall be personal to the claimant and shall not 29 survive his death, but such right may be exercised on behalf 30 of a claimant by his legal guardian or attorney-in-fact. If 31 a claimant dies after having filed a timely claim, the amount 32 thereof shall be disbursed to his surviving spouse or, if no SB746 Enrolled -69- LRB9101254EGfg 1 spouse survives, to his surviving dependent minor children in 2 equal parts, provided the spouse or child, as the case may 3 be, resided with the claimant at the time he filed his claim. 4 If at the time of disbursement neither the claimant nor his 5 spouse is surviving, and no dependent minor children of the 6 claimant are surviving the amount of the claim shall escheat 7 to the State. 8 (c) One claim per household. Only one member of a 9 household may file a claim under this Act in any calendar 10 year; where both members of a household are otherwise 11 entitled to claim a grant under this Act, they must agree as 12 to which of them will file a claim for that year. 13 (d) Content of application form. The form prescribed by 14 the Department for purposes of paragraph (a) shall include a 15 table, appropriately keyed to the parts of the form on which 16 the claimant is required to furnish information, which will 17 enable the claimant to determine readily the approximate 18 amount of grant to which he is entitled by relating levels of 19 household income to property taxes accrued or rent 20 constituting property taxes accrued. 21 (e) Pharmaceutical Assistance Procedures. The 22 Department shall establish the form and manner for 23 application, and establish by January 1, 1986 a procedure to 24 enable persons to apply for the additional grant or for the 25 pharmaceutical assistance identification card on the same 26 application form. 27 (Source: P.A. 83-1531; revised 3-16-99.) 28 Section 55. The Motor Vehicle Franchise Act is amended 29 by changing Section 13 as follows: 30 (815 ILCS 710/13) (from Ch. 121 1/2, par. 763) 31 Sec. 13. Damages; equitable relief. Any franchisee or 32 motor vehicle dealer who suffers any loss of money or SB746 Enrolled -70- LRB9101254EGfg 1 property, real or personal, as a result of the use or 2 employment by a manufacturer, wholesaler, distributor, 3 distributor branch or division, factory branch or division, 4 wholesale branch or division, or any agent, servant or 5 employee thereof, of an unfair method of competition or an 6 unfair or deceptive act or practice declared unlawful by this 7 Act may bring an action for damages and equitable relief, 8 including injunctive relief. Where the misconduct is willful 9 or wanton, the court may award treble damages. A motor 10 vehicle dealer, if it has not suffered any loss of money or 11 property, may obtain permanent equitable relief if it can be 12 shown that the unfair act or practice may have the effect of 13 causing such loss of money or property. Where the franchisee 14 or dealer substantially prevails the court or arbitration 15 panel or Motor Vehicle Review Board shall award attorney's 16 fees and assess costs against the opposing party. Moreover, 17 for the purposes of the award of attorney's fees and costs 18 whenever the franchisee or dealer is seeking injunctive or 19 other relief, the franchisee or dealer may be considered to 20 have prevailed when a judgment is entered in its favor, when 21 a final administrative decision is entered in its favor and 22 affirmed, if subject to judicial review, when a consent order 23 is entered into, or when the manufacturer, distributor, 24 wholesaler, distributor branch or division, factoryfactor25 branch or division, wholesale branch or division, or any 26 officer, agent or other representative thereof ceases the 27 conduct, act or practice which is alleged to be in violation 28 of any Section of this Act. 29 (Source: P.A. 89-145, eff. 7-14-95; revised 3-16-99.) 30 Section 990. No acceleration or delay. Where this Act 31 makes changes in a statute that is represented in this Act by 32 text that is not yet or no longer in effect (for example, a 33 Section represented by multiple versions), the use of that SB746 Enrolled -71- LRB9101254EGfg 1 text does not accelerate or delay the taking effect of (i) 2 the changes made by this Act or (ii) provisions derived from 3 any other Public Act. 4 Section 995. No revival or extension. This Act does not 5 revive or extend any Section or Act otherwise repealed. 6 Section 999. Effective date. This Act takes effect upon 7 becoming law.