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91_SB0746ham001
LRB9101254EGfgam02
1 AMENDMENT TO SENATE BILL 746
2 AMENDMENT NO. . Amend Senate Bill 746 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Nature of this Act.
5 (a) This Act may be cited as the Second 1999 General
6 Revisory Act.
7 (b) This Act is not intended to make any substantive
8 change in the law. It reconciles conflicts that have arisen
9 from multiple amendments and enactments and makes technical
10 corrections and revisions in the law.
11 This Act revises and, where appropriate, renumbers
12 certain Sections that have been added or amended by more than
13 one Public Act. In certain cases in which a repealed Act or
14 Section has been replaced with a successor law, this Act
15 incorporates amendments to the repealed Act or Section into
16 the successor law. This Act also corrects errors, revises
17 cross-references, and deletes obsolete text.
18 (c) In this Act, the reference at the end of each
19 amended Section indicates the sources in the Session Laws of
20 Illinois that were used in the preparation of the text of
21 that Section. The text of the Section included in this Act
22 is intended to include the different versions of the Section
23 found in the Public Acts included in the list of sources, but
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1 may not include other versions of the Section to be found in
2 Public Acts not included in the list of sources. The list of
3 sources is not a part of the text of the Section.
4 (d) Public Acts 90-810 through 90-815 were considered in
5 the preparation of the combining revisories included in this
6 Act. Combining revisories often contain no striking or
7 underscoring because no additional changes are being made in
8 the material that is being combined.
9 (e) The version of Section 3 of the Voluntary Payroll
10 Deductions Act that is included in Section 4 of this revisory
11 Act is intended to control over and replace the version found
12 in House Bill 745 of the 91st General Assembly, which
13 inadvertently contains material derived from the introduced
14 (rather than enrolled) form of the bill that became Public
15 Act 90-487.
16 Section 4. The Voluntary Payroll Deductions Act is
17 amended by changing Section 3 as follows:
18 (5 ILCS 340/3) (from Ch. 15, par. 503)
19 Sec. 3. Definitions. As used in this Act unless the
20 context otherwise requires:
21 (a) "Employee" means any regular officer or employee who
22 receives salary or wages for personal services rendered to
23 the State of Illinois.
24 (b) "Qualified organization" means an organization
25 representing one or more benefiting agencies, which
26 organization is designated by the State Comptroller as
27 qualified to receive payroll deductions under this Act. An
28 organization desiring to be designated as a qualified
29 organization shall:
30 (1) Submit written designations on forms approved
31 by the State Comptroller by 4,000 or more employees, in
32 which such employees indicate that the organization is
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1 one for which the employee intends to authorize
2 withholding. The forms shall require the name, social
3 security number, and employing State agency for each
4 employee. Upon notification by the Comptroller that such
5 forms have been approved, the organization shall, within
6 30 days, notify in writing the Governor or his designee
7 of its intention to obtain the required number of
8 designations. Such organization shall have 12 months
9 from that date, to obtain the necessary designations. The
10 signed forms and signatures on the forms shall be subject
11 to verification by the State Comptroller;
12 (2) Certify that all benefiting agencies are tax
13 exempt under Section 501(c)(3) of the Internal Revenue
14 Code;
15 (3) Certify that all benefiting agencies are in
16 compliance with the Illinois Human Rights Act;
17 (4) Certify that all benefiting agencies are in
18 compliance with the Charitable Trust Act and the
19 Solicitation for Charity Act;
20 (5) Certify that all benefiting agencies actively
21 conduct health or welfare programs and provide services
22 to individuals directed at one or more of the following
23 common human needs within a community: service, research,
24 and education in the health fields; family and child care
25 services; protective services for children and adults;
26 services for children and adults in foster care; services
27 related to the management and maintenance of the home;
28 day care services for adults; transportation services;
29 information, referral and counseling services; services
30 to eliminate illiteracy; the preparation and delivery of
31 meals; adoption services; emergency shelter care and
32 relief services; disaster relief services; safety
33 services; neighborhood and community organization
34 services; recreation services; social adjustment and
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1 rehabilitation services; health support services; or a
2 combination of such services designed to meet the special
3 needs of specific groups, such as children and youth, the
4 ill and infirm, and the physically handicapped; and that
5 all such benefiting agencies provide the above described
6 services to individuals and their families in the
7 community and surrounding area in which the organization
8 conducts its fund drive, or that such benefiting agencies
9 provide relief to victims of natural disasters and other
10 emergencies on a where and as needed basis;
11 (6) Certify that the organization has disclosed the
12 percentage of the organization's total collected receipts
13 from employees that are distributed to the benefiting
14 agencies and the percentage of the organization's total
15 collected receipts from employees that are expended for
16 fund-raising and overhead costs. These percentages shall
17 be the same percentage figures annually disclosed by the
18 organization to the Attorney General. The disclosure
19 shall be made to all solicited employees and shall be in
20 the form of a factual statement on all petitions and in
21 the campaign's employee brochure;
22 (7) Certify that all benefiting agencies receiving
23 funds which the employee has requested or designated for
24 distribution to a particular community and surrounding
25 area use a majority of such funds distributed for
26 services in the actual provision of services in that
27 community and surrounding area;
28 (8) Certify that neither it nor its member
29 organizations will solicit State employees for
30 contributions at their workplace, except pursuant to this
31 Act and the rules promulgated thereunder. Each qualified
32 organization, and each participating United Fund, is
33 encouraged to cooperate with all others and with all
34 State agencies and educational institutions so as to
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1 simplify procedures, to resolve differences and to
2 minimize costs;
3 (9) Certify that it will pay its share of the
4 campaign costs and will comply with the Code of Campaign
5 Conduct as approved by the Governor or other agency as
6 designated by the Governor; and
7 (10) Certify that it maintains a year-round office,
8 the telephone number, and person responsible for the
9 operations of the organization in Illinois. That
10 information shall be provided to the State Comptroller at
11 the time the organization is seeking participation under
12 this Act.
13 Each qualified organization shall submit to the State
14 Comptroller between January 1 and March 1 of each year, a
15 statement that the organization is in compliance with all of
16 the requirements set forth in paragraphs (2) through (10).
17 The State Comptroller shall exclude any organization that
18 fails to submit the statement from the next solicitation
19 period.
20 In order to be designated as a qualified organization,
21 the organization shall have existed at least 2 years prior to
22 submitting the written designation forms required in
23 paragraph (1) and shall certify to the State Comptroller that
24 such organization has been providing services described in
25 paragraph (5) in Illinois. If the organization seeking
26 designation represents more than one benefiting agency, it
27 need not have existed for 2 years but shall certify to the
28 State Comptroller that each of its benefiting agencies has
29 existed for at least 2 years prior to submitting the written
30 designation forms required in paragraph (1) and that each has
31 been providing services described in paragraph (5) in
32 Illinois.
33 Organizations which have met the requirements of this Act
34 shall be permitted to participate in the State and
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1 Universities Combined Appeal as of January 1st of the year
2 immediately following their approval by the Comptroller.
3 Where the certifications described in paragraphs (2),
4 (3), (4), (5), (6), (7), (8), (9), and (10) 2, 3, 4, 5, 6, 7,
5 8, 9, and 10 above are made by an organization representing
6 more than one benefiting agency they shall be based upon the
7 knowledge and belief of such qualified organization. Any
8 qualified organization shall immediately notify the State
9 Comptroller in writing if the qualified organization receives
10 information or otherwise believes that a benefiting agency is
11 no longer in compliance with the certification of the
12 qualified organization. A qualified organization
13 representing more than one benefiting agency shall thereafter
14 withhold and refrain from distributing to such benefiting
15 agency those funds received pursuant to this Act until the
16 benefiting agency is again in compliance with the qualified
17 organization's certification. The qualified organization
18 shall immediately notify the State Comptroller of the
19 benefiting agency's resumed compliance with the
20 certification, based upon the qualified organization's
21 knowledge and belief, and shall pay over to the benefiting
22 agency those funds previously withheld.
23 The Comptroller shall, by February 1st of each year, so
24 notify any qualified organization that failed to receive at
25 least 500 payroll deduction pledges during each immediately
26 preceding solicitation period as set forth in Section 6. The
27 notification shall give such qualified organization until
28 March 1st to provide the Comptroller with documentation that
29 the 500 deduction requirement has been met. On the basis of
30 all the documentation, the Comptroller shall, by March 15th
31 of each year, submit to the Governor or his designee, or such
32 other agency as may be determined by the Governor, a list of
33 all organizations which have met the 500 payroll deduction
34 requirement. Only those organizations which have met such
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1 requirements, as well as the other requirements of this
2 Section, shall be permitted to solicit State employees for
3 voluntary contributions and the Comptroller shall discontinue
4 withholding for any such organization which fails to meet
5 these requirements.
6 (c) "United Fund" means the organization conducting the
7 single, annual, consolidated effort to secure funds for
8 distribution to agencies engaged in charitable and public
9 health, welfare and services purposes, which is commonly
10 known as the United Fund, or the organization which serves in
11 place of the United Fund organization in communities where an
12 organization known as the United Fund is not organized.
13 (d) "State and Universities Employees Combined Appeal"
14 (SECA), otherwise known as "SECA", means the State-directed
15 joint effort of all of the qualified organizations, together
16 with the United Funds, for the solicitation of voluntary
17 contributions from State and University employees.
18 In order for a United Fund to participate in the State
19 and Universities Employees Combined Appeal, it shall comply
20 with the provisions of Section 3, paragraph (9) of subsection
21 (b).
22 (Source: P.A. 90-487, eff. 8-17-97; revised 4-16-99.)
23 Section 5. The Election Code is amended by changing
24 Section 6-35.03 as follows:
25 (10 ILCS 5/6-35.03) (from Ch. 46, par. 6-35.03)
26 Sec. 6-35.03. The State Board of Elections shall design
27 a registration record card which, except as otherwise
28 provided in this Section, shall be used in triplicate by all
29 election authorities in the State, beginning with
30 registrations taken on or after January 1, 1986. The Board
31 shall prescribe the form and specifications, including but
32 not limited to the weight of paper, color and print of such
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1 cards. Such cards shall contain boxes or spaces for the
2 information required under Sections 6-31.1 and 6-35 of this
3 Code; provided, that such cards shall also contain a box or
4 space for the applicant's driver's license number, or where
5 allowable the applicant's social security number, if any, and
6 a box for the applicant's telephone number, if available.
7 The original and duplicate cards shall respectively
8 constitute the master file and precinct binder registration
9 records of the voter. The triplicate card shall be given to
10 the applicant upon completion of his or her registration or
11 completed transfer of registration.
12 Whenever a voter moves to another precinct within the
13 same election jurisdiction or to another election
14 jurisdiction in the State, such voter may transfer his or her
15 registration by presenting his or her triplicate card to the
16 election authority or a deputy registrar. If such voter is
17 not in possession of or has lost his or her triplicate card,
18 he or she may effect a transfer of registration by executing
19 an Affidavit of Cancellation of Previous Registration.
20 In the case of a transfer of registration to a new
21 election jurisdiction, the election authority shall transmit
22 the voter's triplicate card or such affidavit to the election
23 authority of the voter's former election jurisdiction, which
24 shall immediately cause the transmission of the voter's
25 previous registration card to the voter's new election
26 authority. No transfer of registration to a new election
27 jurisdiction shall be complete until the voter's old election
28 authority receives notification.
29 Deputy registrars shall return all triplicate cards or
30 Affidavits of Cancellation of Previous Registration to the
31 election authority within 7 working days after the receipt
32 thereof. Such cards or Affidavits of Cancellation of Previous
33 Registration received by the deputy registrars between the
34 35th and 28th day preceding an election shall be returned by
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1 the deputy registrars within 48 hours after receipt thereof.
2 Such cards or Affidavits of Cancellation of Previous
3 Registration received by the deputy registrars on the 28th
4 day preceding an election shall be returned by the deputy
5 registrars to the election authority within 24 hours after
6 receipt thereof.
7 The date by which an election authority is required to
8 take registrations in compliance with this Section may be
9 extended by the State Board of Elections to a date no later
10 than July 1, 1986, where, prior to January 1, 1986, the Board
11 has received a written request for such an extension from the
12 election authority and such request has shown good cause for
13 the extension.
14 In the case of a transfer of registration to a new
15 election jurisdiction, the election authority shall transmit
16 the voter's triplicate card or such affidavit to the election
17 authority of the voter's former election jurisdiction, which
18 shall immediately cause the transmission of the voter's
19 previous registration card to the voter's new election
20 authority. No transfer of registration to a new election
21 jurisdiction shall be complete until the voter's old election
22 authority receives notification.
23 Deputy registrars shall return all triplicate cards or
24 Affidavits of Cancellation of Previous Registration to the
25 election authority within 7 working days after the receipt
26 thereof, except that the deputy registrars shall return the
27 cards or Affidavits of Cancellation of Previous Registration
28 received by them between the 35th and 28th day preceding an
29 election to the election authority within 48 hours after the
30 receipt thereof.
31 Such cards or Affidavits of Cancellation of Previous
32 Registration received during the 28th day preceding an
33 election shall be returned by the deputy registrars to the
34 election authority within 24 hours after receipt thereof.
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1 (Source: P.A. 86-873; revised 1-28-99.)
2 Section 10. The Service Occupation Tax Act is amended by
3 changing Section 3-5 as follows:
4 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
5 Sec. 3-5. Exemptions. The following tangible personal
6 property is exempt from the tax imposed by this Act:
7 (1) Personal property sold by a corporation, society,
8 association, foundation, institution, or organization, other
9 than a limited liability company, that is organized and
10 operated as a not-for-profit service enterprise for the
11 benefit of persons 65 years of age or older if the personal
12 property was not purchased by the enterprise for the purpose
13 of resale by the enterprise.
14 (2) Personal property purchased by a not-for-profit
15 Illinois county fair association for use in conducting,
16 operating, or promoting the county fair.
17 (3) Personal property purchased by any not-for-profit
18 music or dramatic arts organization that establishes, by
19 proof required by the Department by rule, that it has
20 received an exemption under Section 501(c)(3) of the
21 Internal Revenue Code and that is organized and operated for
22 the presentation of live public performances of musical or
23 theatrical works on a regular basis.
24 (4) Legal tender, currency, medallions, or gold or
25 silver coinage issued by the State of Illinois, the
26 government of the United States of America, or the government
27 of any foreign country, and bullion.
28 (5) Graphic arts machinery and equipment, including
29 repair and replacement parts, both new and used, and
30 including that manufactured on special order or purchased for
31 lease, certified by the purchaser to be used primarily for
32 graphic arts production.
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1 (6) Personal property sold by a teacher-sponsored
2 student organization affiliated with an elementary or
3 secondary school located in Illinois.
4 (7) Farm machinery and equipment, both new and used,
5 including that manufactured on special order, certified by
6 the purchaser to be used primarily for production agriculture
7 or State or federal agricultural programs, including
8 individual replacement parts for the machinery and equipment,
9 including machinery and equipment purchased for lease, and
10 including implements of husbandry defined in Section 1-130 of
11 the Illinois Vehicle Code, farm machinery and agricultural
12 chemical and fertilizer spreaders, and nurse wagons required
13 to be registered under Section 3-809 of the Illinois Vehicle
14 Code, but excluding other motor vehicles required to be
15 registered under the Illinois Vehicle Code. Horticultural
16 polyhouses or hoop houses used for propagating, growing, or
17 overwintering plants shall be considered farm machinery and
18 equipment under this item (7). Agricultural chemical tender
19 tanks and dry boxes shall include units sold separately from
20 a motor vehicle required to be licensed and units sold
21 mounted on a motor vehicle required to be licensed if the
22 selling price of the tender is separately stated.
23 Farm machinery and equipment shall include precision
24 farming equipment that is installed or purchased to be
25 installed on farm machinery and equipment including, but not
26 limited to, tractors, harvesters, sprayers, planters,
27 seeders, or spreaders. Precision farming equipment includes,
28 but is not limited to, soil testing sensors, computers,
29 monitors, software, global positioning and mapping systems,
30 and other such equipment.
31 Farm machinery and equipment also includes computers,
32 sensors, software, and related equipment used primarily in
33 the computer-assisted operation of production agriculture
34 facilities, equipment, and activities such as, but not
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1 limited to, the collection, monitoring, and correlation of
2 animal and crop data for the purpose of formulating animal
3 diets and agricultural chemicals. This item (7) is exempt
4 from the provisions of Section 3-55 3-75.
5 (8) Fuel and petroleum products sold to or used by an
6 air common carrier, certified by the carrier to be used for
7 consumption, shipment, or storage in the conduct of its
8 business as an air common carrier, for a flight destined for
9 or returning from a location or locations outside the United
10 States without regard to previous or subsequent domestic
11 stopovers.
12 (9) Proceeds of mandatory service charges separately
13 stated on customers' bills for the purchase and consumption
14 of food and beverages, to the extent that the proceeds of the
15 service charge are in fact turned over as tips or as a
16 substitute for tips to the employees who participate directly
17 in preparing, serving, hosting or cleaning up the food or
18 beverage function with respect to which the service charge is
19 imposed.
20 (10) Oil field exploration, drilling, and production
21 equipment, including (i) rigs and parts of rigs, rotary rigs,
22 cable tool rigs, and workover rigs, (ii) pipe and tubular
23 goods, including casing and drill strings, (iii) pumps and
24 pump-jack units, (iv) storage tanks and flow lines, (v) any
25 individual replacement part for oil field exploration,
26 drilling, and production equipment, and (vi) machinery and
27 equipment purchased for lease; but excluding motor vehicles
28 required to be registered under the Illinois Vehicle Code.
29 (11) Photoprocessing machinery and equipment, including
30 repair and replacement parts, both new and used, including
31 that manufactured on special order, certified by the
32 purchaser to be used primarily for photoprocessing, and
33 including photoprocessing machinery and equipment purchased
34 for lease.
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1 (12) Coal exploration, mining, offhighway hauling,
2 processing, maintenance, and reclamation equipment, including
3 replacement parts and equipment, and including equipment
4 purchased for lease, but excluding motor vehicles required to
5 be registered under the Illinois Vehicle Code.
6 (13) Food for human consumption that is to be consumed
7 off the premises where it is sold (other than alcoholic
8 beverages, soft drinks and food that has been prepared for
9 immediate consumption) and prescription and non-prescription
10 medicines, drugs, medical appliances, and insulin, urine
11 testing materials, syringes, and needles used by diabetics,
12 for human use, when purchased for use by a person receiving
13 medical assistance under Article 5 of the Illinois Public Aid
14 Code who resides in a licensed long-term care facility, as
15 defined in the Nursing Home Care Act.
16 (14) Semen used for artificial insemination of livestock
17 for direct agricultural production.
18 (15) Horses, or interests in horses, registered with and
19 meeting the requirements of any of the Arabian Horse Club
20 Registry of America, Appaloosa Horse Club, American Quarter
21 Horse Association, United States Trotting Association, or
22 Jockey Club, as appropriate, used for purposes of breeding or
23 racing for prizes.
24 (16) Computers and communications equipment utilized for
25 any hospital purpose and equipment used in the diagnosis,
26 analysis, or treatment of hospital patients sold to a lessor
27 who leases the equipment, under a lease of one year or longer
28 executed or in effect at the time of the purchase, to a
29 hospital that has been issued an active tax exemption
30 identification number by the Department under Section 1g of
31 the Retailers' Occupation Tax Act.
32 (17) Personal property sold to a lessor who leases the
33 property, under a lease of one year or longer executed or in
34 effect at the time of the purchase, to a governmental body
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1 that has been issued an active tax exemption identification
2 number by the Department under Section 1g of the Retailers'
3 Occupation Tax Act.
4 (18) Beginning with taxable years ending on or after
5 December 31, 1995 and ending with taxable years ending on or
6 before December 31, 2004, personal property that is donated
7 for disaster relief to be used in a State or federally
8 declared disaster area in Illinois or bordering Illinois by a
9 manufacturer or retailer that is registered in this State to
10 a corporation, society, association, foundation, or
11 institution that has been issued a sales tax exemption
12 identification number by the Department that assists victims
13 of the disaster who reside within the declared disaster area.
14 (19) Beginning with taxable years ending on or after
15 December 31, 1995 and ending with taxable years ending on or
16 before December 31, 2004, personal property that is used in
17 the performance of infrastructure repairs in this State,
18 including but not limited to municipal roads and streets,
19 access roads, bridges, sidewalks, waste disposal systems,
20 water and sewer line extensions, water distribution and
21 purification facilities, storm water drainage and retention
22 facilities, and sewage treatment facilities, resulting from a
23 State or federally declared disaster in Illinois or bordering
24 Illinois when such repairs are initiated on facilities
25 located in the declared disaster area within 6 months after
26 the disaster.
27 (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96;
28 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff.
29 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-552,
30 eff. 12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.)
31 Section 15. The Retailers' Occupation Tax Act is amended
32 by changing Section 2-5 as follows:
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1 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
2 Sec. 2-5. Exemptions. Gross receipts from proceeds from
3 the sale of the following tangible personal property are
4 exempt from the tax imposed by this Act:
5 (1) Farm chemicals.
6 (2) Farm machinery and equipment, both new and used,
7 including that manufactured on special order, certified by
8 the purchaser to be used primarily for production agriculture
9 or State or federal agricultural programs, including
10 individual replacement parts for the machinery and equipment,
11 including machinery and equipment purchased for lease, and
12 including implements of husbandry defined in Section 1-130 of
13 the Illinois Vehicle Code, farm machinery and agricultural
14 chemical and fertilizer spreaders, and nurse wagons required
15 to be registered under Section 3-809 of the Illinois Vehicle
16 Code, but excluding other motor vehicles required to be
17 registered under the Illinois Vehicle Code. Horticultural
18 polyhouses or hoop houses used for propagating, growing, or
19 overwintering plants shall be considered farm machinery and
20 equipment under this item (2). Agricultural chemical tender
21 tanks and dry boxes shall include units sold separately from
22 a motor vehicle required to be licensed and units sold
23 mounted on a motor vehicle required to be licensed, if the
24 selling price of the tender is separately stated.
25 Farm machinery and equipment shall include precision
26 farming equipment that is installed or purchased to be
27 installed on farm machinery and equipment including, but not
28 limited to, tractors, harvesters, sprayers, planters,
29 seeders, or spreaders. Precision farming equipment includes,
30 but is not limited to, soil testing sensors, computers,
31 monitors, software, global positioning and mapping systems,
32 and other such equipment.
33 Farm machinery and equipment also includes computers,
34 sensors, software, and related equipment used primarily in
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1 the computer-assisted operation of production agriculture
2 facilities, equipment, and activities such as, but not
3 limited to, the collection, monitoring, and correlation of
4 animal and crop data for the purpose of formulating animal
5 diets and agricultural chemicals. This item (7) is exempt
6 from the provisions of Section 2-70 3-75.
7 (3) Distillation machinery and equipment, sold as a unit
8 or kit, assembled or installed by the retailer, certified by
9 the user to be used only for the production of ethyl alcohol
10 that will be used for consumption as motor fuel or as a
11 component of motor fuel for the personal use of the user, and
12 not subject to sale or resale.
13 (4) Graphic arts machinery and equipment, including
14 repair and replacement parts, both new and used, and
15 including that manufactured on special order or purchased for
16 lease, certified by the purchaser to be used primarily for
17 graphic arts production.
18 (5) A motor vehicle of the first division, a motor
19 vehicle of the second division that is a self-contained motor
20 vehicle designed or permanently converted to provide living
21 quarters for recreational, camping, or travel use, with
22 direct walk through access to the living quarters from the
23 driver's seat, or a motor vehicle of the second division that
24 is of the van configuration designed for the transportation
25 of not less than 7 nor more than 16 passengers, as defined in
26 Section 1-146 of the Illinois Vehicle Code, that is used for
27 automobile renting, as defined in the Automobile Renting
28 Occupation and Use Tax Act.
29 (6) Personal property sold by a teacher-sponsored
30 student organization affiliated with an elementary or
31 secondary school located in Illinois.
32 (7) Proceeds of that portion of the selling price of a
33 passenger car the sale of which is subject to the Replacement
34 Vehicle Tax.
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1 (8) Personal property sold to an Illinois county fair
2 association for use in conducting, operating, or promoting
3 the county fair.
4 (9) Personal property sold to a not-for-profit music or
5 dramatic arts organization that establishes, by proof
6 required by the Department by rule, that it has received an
7 exemption under Section 501(c) (3) of the Internal Revenue
8 Code and that is organized and operated for the presentation
9 of live public performances of musical or theatrical works on
10 a regular basis.
11 (10) Personal property sold by a corporation, society,
12 association, foundation, institution, or organization, other
13 than a limited liability company, that is organized and
14 operated as a not-for-profit service enterprise for the
15 benefit of persons 65 years of age or older if the personal
16 property was not purchased by the enterprise for the purpose
17 of resale by the enterprise.
18 (11) Personal property sold to a governmental body, to a
19 corporation, society, association, foundation, or institution
20 organized and operated exclusively for charitable, religious,
21 or educational purposes, or to a not-for-profit corporation,
22 society, association, foundation, institution, or
23 organization that has no compensated officers or employees
24 and that is organized and operated primarily for the
25 recreation of persons 55 years of age or older. A limited
26 liability company may qualify for the exemption under this
27 paragraph only if the limited liability company is organized
28 and operated exclusively for educational purposes. On and
29 after July 1, 1987, however, no entity otherwise eligible for
30 this exemption shall make tax-free purchases unless it has an
31 active identification number issued by the Department.
32 (12) Personal property sold to interstate carriers for
33 hire for use as rolling stock moving in interstate commerce
34 or to lessors under leases of one year or longer executed or
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1 in effect at the time of purchase by interstate carriers for
2 hire for use as rolling stock moving in interstate commerce
3 and equipment operated by a telecommunications provider,
4 licensed as a common carrier by the Federal Communications
5 Commission, which is permanently installed in or affixed to
6 aircraft moving in interstate commerce.
7 (13) Proceeds from sales to owners, lessors, or shippers
8 of tangible personal property that is utilized by interstate
9 carriers for hire for use as rolling stock moving in
10 interstate commerce and equipment operated by a
11 telecommunications provider, licensed as a common carrier by
12 the Federal Communications Commission, which is permanently
13 installed in or affixed to aircraft moving in interstate
14 commerce.
15 (14) Machinery and equipment that will be used by the
16 purchaser, or a lessee of the purchaser, primarily in the
17 process of manufacturing or assembling tangible personal
18 property for wholesale or retail sale or lease, whether the
19 sale or lease is made directly by the manufacturer or by some
20 other person, whether the materials used in the process are
21 owned by the manufacturer or some other person, or whether
22 the sale or lease is made apart from or as an incident to the
23 seller's engaging in the service occupation of producing
24 machines, tools, dies, jigs, patterns, gauges, or other
25 similar items of no commercial value on special order for a
26 particular purchaser.
27 (15) Proceeds of mandatory service charges separately
28 stated on customers' bills for purchase and consumption of
29 food and beverages, to the extent that the proceeds of the
30 service charge are in fact turned over as tips or as a
31 substitute for tips to the employees who participate directly
32 in preparing, serving, hosting or cleaning up the food or
33 beverage function with respect to which the service charge is
34 imposed.
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1 (16) Petroleum products sold to a purchaser if the
2 seller is prohibited by federal law from charging tax to the
3 purchaser.
4 (17) Tangible personal property sold to a common carrier
5 by rail or motor that receives the physical possession of the
6 property in Illinois and that transports the property, or
7 shares with another common carrier in the transportation of
8 the property, out of Illinois on a standard uniform bill of
9 lading showing the seller of the property as the shipper or
10 consignor of the property to a destination outside Illinois,
11 for use outside Illinois.
12 (18) Legal tender, currency, medallions, or gold or
13 silver coinage issued by the State of Illinois, the
14 government of the United States of America, or the government
15 of any foreign country, and bullion.
16 (19) Oil field exploration, drilling, and production
17 equipment, including (i) rigs and parts of rigs, rotary rigs,
18 cable tool rigs, and workover rigs, (ii) pipe and tubular
19 goods, including casing and drill strings, (iii) pumps and
20 pump-jack units, (iv) storage tanks and flow lines, (v) any
21 individual replacement part for oil field exploration,
22 drilling, and production equipment, and (vi) machinery and
23 equipment purchased for lease; but excluding motor vehicles
24 required to be registered under the Illinois Vehicle Code.
25 (20) Photoprocessing machinery and equipment, including
26 repair and replacement parts, both new and used, including
27 that manufactured on special order, certified by the
28 purchaser to be used primarily for photoprocessing, and
29 including photoprocessing machinery and equipment purchased
30 for lease.
31 (21) Coal exploration, mining, offhighway hauling,
32 processing, maintenance, and reclamation equipment, including
33 replacement parts and equipment, and including equipment
34 purchased for lease, but excluding motor vehicles required to
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1 be registered under the Illinois Vehicle Code.
2 (22) Fuel and petroleum products sold to or used by an
3 air carrier, certified by the carrier to be used for
4 consumption, shipment, or storage in the conduct of its
5 business as an air common carrier, for a flight destined for
6 or returning from a location or locations outside the United
7 States without regard to previous or subsequent domestic
8 stopovers.
9 (23) A transaction in which the purchase order is
10 received by a florist who is located outside Illinois, but
11 who has a florist located in Illinois deliver the property to
12 the purchaser or the purchaser's donee in Illinois.
13 (24) Fuel consumed or used in the operation of ships,
14 barges, or vessels that are used primarily in or for the
15 transportation of property or the conveyance of persons for
16 hire on rivers bordering on this State if the fuel is
17 delivered by the seller to the purchaser's barge, ship, or
18 vessel while it is afloat upon that bordering river.
19 (25) A motor vehicle sold in this State to a nonresident
20 even though the motor vehicle is delivered to the nonresident
21 in this State, if the motor vehicle is not to be titled in
22 this State, and if a driveaway decal permit is issued to the
23 motor vehicle as provided in Section 3-603 of the Illinois
24 Vehicle Code or if the nonresident purchaser has vehicle
25 registration plates to transfer to the motor vehicle upon
26 returning to his or her home state. The issuance of the
27 driveaway decal permit or having the out-of-state
28 registration plates to be transferred is prima facie evidence
29 that the motor vehicle will not be titled in this State.
30 (26) Semen used for artificial insemination of livestock
31 for direct agricultural production.
32 (27) Horses, or interests in horses, registered with and
33 meeting the requirements of any of the Arabian Horse Club
34 Registry of America, Appaloosa Horse Club, American Quarter
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1 Horse Association, United States Trotting Association, or
2 Jockey Club, as appropriate, used for purposes of breeding or
3 racing for prizes.
4 (28) Computers and communications equipment utilized for
5 any hospital purpose and equipment used in the diagnosis,
6 analysis, or treatment of hospital patients sold to a lessor
7 who leases the equipment, under a lease of one year or longer
8 executed or in effect at the time of the purchase, to a
9 hospital that has been issued an active tax exemption
10 identification number by the Department under Section 1g of
11 this Act.
12 (29) Personal property sold to a lessor who leases the
13 property, under a lease of one year or longer executed or in
14 effect at the time of the purchase, to a governmental body
15 that has been issued an active tax exemption identification
16 number by the Department under Section 1g of this Act.
17 (30) Beginning with taxable years ending on or after
18 December 31, 1995 and ending with taxable years ending on or
19 before December 31, 2004, personal property that is donated
20 for disaster relief to be used in a State or federally
21 declared disaster area in Illinois or bordering Illinois by a
22 manufacturer or retailer that is registered in this State to
23 a corporation, society, association, foundation, or
24 institution that has been issued a sales tax exemption
25 identification number by the Department that assists victims
26 of the disaster who reside within the declared disaster area.
27 (31) Beginning with taxable years ending on or after
28 December 31, 1995 and ending with taxable years ending on or
29 before December 31, 2004, personal property that is used in
30 the performance of infrastructure repairs in this State,
31 including but not limited to municipal roads and streets,
32 access roads, bridges, sidewalks, waste disposal systems,
33 water and sewer line extensions, water distribution and
34 purification facilities, storm water drainage and retention
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1 facilities, and sewage treatment facilities, resulting from a
2 State or federally declared disaster in Illinois or bordering
3 Illinois when such repairs are initiated on facilities
4 located in the declared disaster area within 6 months after
5 the disaster.
6 (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96;
7 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff.
8 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-519,
9 eff. 6-1-98; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98;
10 revised 2-10-99.)
11 Section 20. The Telecommunications Municipal
12 Infrastructure Maintenance Fee Act is amended by changing
13 Section 5 as follows:
14 (35 ILCS 635/5)
15 Sec. 5. Legislative intent. The General Assembly
16 imposed a tax on invested capital of utilities to partially
17 replace the personal property tax that was abolished by the
18 Illinois Constitution of 1970. Since that tax was imposed,
19 telecommunications retailers have evolved from utility status
20 into an increasingly competitive industry serving the public.
21 This Act is intended to abolish the invested capital tax on
22 telecommunications retailers (that is, persons engaged in the
23 business of transmitting messages and acting as a retailer of
24 telecommunications as defined in Section 2 of the
25 Telecommunications Excise Tax Act). Cellular
26 telecommunications Telecummunications retailers have already
27 been excluded from application of the invested capital tax by
28 earlier legislative action.
29 This Act is also intended to abolish municipal franchise
30 fees with respect to telecommunications retailers, create a
31 uniform system for the collection and distribution of fees
32 associated with the privilege of use of the public right of
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1 way for telecommunications activity, and provide
2 municipalities with a comprehensive method of compensation
3 for telecommunications activity including the recovery of
4 reasonable costs of regulating the use of the public
5 rights-of-way for telecommunications activity.
6 (Source: P.A. 90-154, eff. 1-1-98; revised 2-10-99.)
7 Section 25. The Counties Code is amended by changing
8 Section 5-1211 as follows:
9 (55 ILCS 5/5-1121)
10 Sec. 5-1121. Demolition, repair, or enclosure.
11 (a) The county board of each county may upon a formal
12 request by the city, village or incorporated town demolish,
13 repair, or enclose or cause the demolition, repair, or
14 enclosure of dangerous and unsafe buildings or uncompleted
15 and abandoned buildings within the territory of the county,
16 but outside the territory of any municipality, and may remove
17 or cause the removal of garbage, debris, and other hazardous,
18 noxious, or unhealthy substances or materials from those
19 buildings. In any county having adopted, by referendum or
20 otherwise, a county health department as provided by Division
21 5-25 of the Counties Code or its predecessor, the county
22 board of any such county may upon a formal request by the
23 city, village, or incorporated town demolish, repair or cause
24 the demolition or repair of dangerous and unsafe buildings or
25 uncompleted and abandoned buildings within the territory of
26 any city, village, or incorporated town having a population
27 of less than 50,000.
28 The county board shall apply to the circuit court of the
29 county in which the building is located (i) for an order
30 authorizing action to be taken with respect to a building if
31 the owner or owners of the building, including the lien
32 holders of record, after at least 15 days' written notice by
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1 mail to do so, have failed to commence proceedings to put the
2 building in a safe condition or to demolish it or (ii) for an
3 order requiring the owner or owners of record to demolish,
4 repair, or enclose the building or to remove garbage, debris,
5 and other hazardous, noxious, or unhealthy substances or
6 materials from the building. It is not a defense to the
7 cause of action that the building is boarded up or otherwise
8 enclosed, although the court may order the defendant to have
9 the building boarded up or otherwise enclosed. Where, upon
10 diligent search, the identity or whereabouts of the owner or
11 owners of the building, including the lien holders of record,
12 is not ascertainable, notice mailed to the person or persons
13 in whose name the real estate was last assessed and the
14 posting of such notice upon the premises sought to be
15 demolished or repaired is sufficient notice under this
16 Section.
17 The hearing upon the application to the circuit court
18 shall be expedited by the court and shall be given precedence
19 over all other suits.
20 The cost of the demolition, repair, enclosure, or removal
21 incurred by the county, by an intervenor, or by a lien holder
22 of record, including court costs, attorney's fees, and other
23 costs related to the enforcement of this Section, is
24 recoverable from the owner or owners of the real estate or
25 the previous owner or both if the property was transferred
26 during the 15 day notice period and is a lien on the real
27 estate; the lien is superior to all prior existing liens and
28 encumbrances, except taxes, if, within 180 days after the
29 repair, demolition, enclosure, or removal, the county, the
30 lien holder of record, or the intervenor who incurred the
31 cost and expense shall file a notice of lien for the cost and
32 expense incurred in the office of the recorder in the county
33 in which the real estate is located or in the office of the
34 registrar of titles of the county if the real estate affected
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1 is registered under the Registered Titles (Torrens) Act.
2 The notice must consist of a sworn statement setting out
3 (1) a description of the real estate sufficient for its
4 identification, (2) the amount of money representing the cost
5 and expense incurred, and (3) the date or dates when the cost
6 and expense was incurred by the county, the lien holder of
7 record, or the intervenor. Upon payment of the cost and
8 expense by the owner of or persons interested in the property
9 after the notice of lien has been filed, the lien shall be
10 released by the county, the person in whose name the lien has
11 been filed, or the assignee of the lien, and the release may
12 be filed of record as in the case of filing notice of lien.
13 Unless the lien is enforced under subsection (b), the lien
14 may be enforced by foreclosure proceedings as in the case of
15 mortgage foreclosures under Article XV of the Code of Civil
16 Procedure or mechanics' lien foreclosures. An action to
17 foreclose this lien may be commenced at any time after the
18 date of filing of the notice of lien. The costs of
19 foreclosure incurred by the county, including court costs,
20 reasonable attorney's fees, advances to preserve the
21 property, and other costs related to the enforcement of this
22 subsection, plus statutory interest, are a lien on the real
23 estate and are recoverable by the county from the owner or
24 owners of the real estate.
25 All liens arising under this subsection (a) shall be
26 assignable. The assignee of the lien shall have the same
27 power to enforce the lien as the assigning party, except that
28 the lien may not be enforced under subsection (b).
29 If the appropriate official of any county determines that
30 any dangerous and unsafe building or uncompleted and
31 abandoned building within its territory fulfills the
32 requirements for an action by the county under the Abandoned
33 Housing Rehabilitation Act, the county may petition under
34 that Act in a proceeding brought under this subsection.
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1 (b) In any case where a county has obtained a lien under
2 subsection (a), the county may enforce the lien under this
3 subsection (b) in the same proceeding in which the lien is
4 authorized.
5 A county desiring to enforce a lien under this subsection
6 (b) shall petition the court to retain jurisdiction for
7 foreclosure proceedings under this subsection. Notice of the
8 petition shall be served, by certified or registered mail, on
9 all persons who were served notice under subsection (a). The
10 court shall conduct a hearing on the petition not less than
11 15 days after the notice is served. If the court determines
12 that the requirements of this subsection (b) have been
13 satisfied, it shall grant the petition and retain
14 jurisdiction over the matter until the foreclosure proceeding
15 is completed. The costs of foreclosure incurred by the
16 county, including court costs, reasonable attorneys' fees,
17 advances to preserve the property, and other costs related to
18 the enforcement of this subsection, plus statutory interest,
19 are a lien on the real estate and are recoverable by the
20 county from the owner or owners of the real estate. If the
21 court denies the petition, the county may enforce the lien in
22 a separate action as provided in subsection (a).
23 All persons designated in Section 15-1501 of the Code of
24 Civil Procedure as necessary parties in a mortgage
25 foreclosure action shall be joined as parties before issuance
26 of an order of foreclosure. Persons designated in Section
27 15-1501 of the Code of Civil Procedure as permissible parties
28 may also be joined as parties in the action.
29 The provisions of Article XV of the Code of Civil
30 Procedure applicable to mortgage foreclosures shall apply to
31 the foreclosure of a lien under this subsection (b), except
32 to the extent that those provisions are inconsistent with
33 this subsection. For purposes of foreclosures of liens
34 under this subsection, however, the redemption period
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1 described in subsection (b) of Section 15-1603 of the Code of
2 Civil Procedure shall end 60 days after the date of entry of
3 the order of foreclosure.
4 (c) In addition to any other remedy provided by law, the
5 county board of any county may petition the circuit court to
6 have property declared abandoned under this subsection (c)
7 if:
8 (1) the property has been tax delinquent for 2 or
9 more years or bills for water service for the property
10 have been outstanding for 2 or more years;
11 (2) the property is unoccupied by persons legally
12 in possession; and
13 (3) the property contains a dangerous or unsafe
14 building.
15 All persons having an interest of record in the property,
16 including tax purchasers and beneficial owners of any
17 Illinois land trust having title to the property, shall be
18 named as defendants in the petition and shall be served with
19 process. In addition, service shall be had under Section
20 2-206 of the Code of Civil Procedure as in other cases
21 affecting property.
22 The county, however, may proceed under this subsection in
23 a proceeding brought under subsection (a). Notice of the
24 petition shall be served by certified or registered mail on
25 all persons who were served notice under subsection (a).
26 If the county proves that the conditions described in
27 this subsection exist and the owner of record of the property
28 does not enter an appearance in the action, or, if title to
29 the property is held by an Illinois land trust, if neither
30 the owner of record nor the owner of the beneficial interest
31 of the trust enters an appearance, the court shall declare
32 the property abandoned.
33 If that determination is made, notice shall be sent by
34 certified or registered mail to all persons having an
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1 interest of record in the property, including tax purchasers
2 and beneficial owners of any Illinois land trust having title
3 to the property, stating that title to the property will be
4 transferred to the county unless, within 30 days of the
5 notice, the owner of record enters an appearance in the
6 action, or unless any other person having an interest in the
7 property files with the court a request to demolish the
8 dangerous or unsafe building or to put the building in safe
9 condition.
10 If the owner of record enters an appearance in the action
11 within the 30 day period, the court shall vacate its order
12 declaring the property abandoned. In that case, the county
13 may amend its complaint in order to initiate proceedings
14 under subsection (a).
15 If a request to demolish or repair the building is filed
16 within the 30 day period, the court shall grant permission to
17 the requesting party to demolish the building within 30 days
18 or to restore the building to safe condition within 60 days
19 after the request is granted. An extension of that period
20 for up to 60 additional days may be given for good cause. If
21 more than one person with an interest in the property files a
22 timely request, preference shall be given to the person with
23 the lien or other interest of the highest priority.
24 If the requesting party proves to the court that the
25 building has been demolished or put in a safe condition
26 within the period of time granted by the court, the court
27 shall issue a quitclaim judicial deed for the property to the
28 requesting party, conveying only the interest of the owner of
29 record, upon proof of payment to the county of all costs
30 incurred by the county in connection with the action,
31 including but not limited to court costs, attorney's fees,
32 administrative costs, the costs, if any, associated with
33 building enclosure or removal, and receiver's certificates.
34 The interest in the property so conveyed shall be subject to
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1 all liens and encumbrances on the property. In addition, if
2 the interest is conveyed to a person holding a certificate of
3 purchase for the property under the Property Tax Code, the
4 conveyance shall be subject to the rights of redemption of
5 all persons entitled to redeem under that Act, including the
6 original owner of record.
7 If no person with an interest in the property files a
8 timely request or if the requesting party fails to demolish
9 the building or put the building in safe condition within the
10 time specified by the court, the county may petition the
11 court to issue a judicial deed for the property to the
12 county. A conveyance by judicial deed shall operate to
13 extinguish all existing ownership interests in, liens on, and
14 other interest in the property, including tax liens.
15 (d) Each county may use the provisions of this
16 subsection to expedite the removal of certain buildings that
17 are a continuing hazard to the community in which they are
18 located.
19 If a residential building is 2 stories or less in height
20 as defined by the county's building code, and the official
21 designated to be in charge of enforcing the county's building
22 code determines that the building is open and vacant and an
23 immediate and continuing hazard to the community in which the
24 building is located, then the official shall be authorized to
25 post a notice not less than 2 feet by 2 feet in size on the
26 front of the building. The notice shall be dated as of the
27 date of the posting and shall state that unless the building
28 is demolished, repaired, or enclosed, and unless any garbage,
29 debris, and other hazardous, noxious, or unhealthy substances
30 or materials are removed so that an immediate and continuing
31 hazard to the community no longer exists, then the building
32 may be demolished, repaired, or enclosed, or any garbage,
33 debris, and other hazardous, noxious, or unhealthy substances
34 or materials may be removed, by the county.
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1 Not later than 30 days following the posting of the
2 notice, the county shall do both of the following:
3 (1) Cause to be sent, by certified mail, return
4 receipt requested, a notice to all owners of record of
5 the property, the beneficial owners of any Illinois land
6 trust having title to the property, and all lienholders
7 of record in the property, stating the intent of the
8 county to demolish, repair, or enclose the building or
9 remove any garbage, debris, or other hazardous, noxious,
10 or unhealthy substances or materials if that action is
11 not taken by the owner or owners.
12 (2) Cause to be published, in a newspaper published
13 or circulated in the county where the building is
14 located, a notice setting forth (i) the permanent tax
15 index number and the address of the building, (ii) a
16 statement that the property is open and vacant and
17 constitutes an immediate and continuing hazard to the
18 community, and (iii) a statement that the county intends
19 to demolish, repair, or enclose the building or remove
20 any garbage, debris, or other hazardous, noxious, or
21 unhealthy substances or materials if the owner or owners
22 or lienholders of record fail to do so. This notice
23 shall be published for 3 consecutive days.
24 A person objecting to the proposed actions of the county
25 board may file his or her objection in an appropriate form in
26 a court of competent jurisdiction.
27 If the building is not demolished, repaired, or enclosed,
28 or the garbage, debris, or other hazardous, noxious, or
29 unhealthy substances or materials are not removed, within 30
30 days of mailing the notice to the owners of record, the
31 beneficial owners of any Illinois land trust having title to
32 the property, and all lienholders of record in the property,
33 or within 30 days of the last day of publication of the
34 notice, whichever is later, the county board shall have the
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1 power to demolish, repair, or enclose the building or to
2 remove any garbage, debris, or other hazardous, noxious, or
3 unhealthy substances or materials.
4 The county may proceed to demolish, repair, or enclose a
5 building or remove any garbage, debris, or other hazardous,
6 noxious, or unhealthy substances or materials under this
7 subsection within a 120-day period following the date of the
8 mailing of the notice if the appropriate official determines
9 that the demolition, repair, enclosure, or removal of any
10 garbage, debris, or other hazardous, noxious, or unhealthy
11 substances or materials is necessary to remedy the immediate
12 and continuing hazard. If, however, before the county
13 proceeds with any of the actions authorized by this
14 subsection, any person has sought a hearing under this
15 subsection before a court and has served a copy of the
16 complaint on the chief executive officer of the county, then
17 the county shall not proceed with the demolition, repair,
18 enclosure, or removal of garbage, debris, or other substances
19 until the court determines that that action is necessary to
20 remedy the hazard and issues an order authorizing the county
21 to do so.
22 Following the demolition, repair, or enclosure of a
23 building, or the removal of garbage, debris, or other
24 hazardous, noxious, or unhealthy substances or materials
25 under this subsection, the county may file a notice of lien
26 against the real estate for the cost of the demolition,
27 repair, enclosure, or removal within 180 days after the
28 repair, demolition, enclosure, or removal occurred, for the
29 cost and expense incurred, in the office of the recorder in
30 the county in which the real estate is located or in the
31 office of the registrar of titles of the county if the real
32 estate affected is registered under the Registered Titles
33 (Torrens) Act. The notice of lien shall consist of a sworn
34 statement setting forth (i) a description of the real estate,
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1 such as the address or other description of the property,
2 sufficient for its identification; (ii) the expenses incurred
3 by the county in undertaking the remedial actions authorized
4 under this subsection; (iii) the date or dates the expenses
5 were incurred by the county; (iv) a statement by the official
6 responsible for enforcing the building code that the building
7 was open and vacant and constituted an immediate and
8 continuing hazard to the community; (v) a statement by the
9 official that the required sign was posted on the building,
10 that notice was sent by certified mail to the owners of
11 record, and that notice was published in accordance with this
12 subsection; and (vi) a statement as to when and where the
13 notice was published. The lien authorized by this subsection
14 may thereafter be released or enforced by the county as
15 provided in subsection (a).
16 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
17 90-517, eff. 8-22-97; revised 3-4-99.)
18 Section 30. The School Code is amended by changing
19 Section 18-8.05 as follows:
20 (105 ILCS 5/18-8.05)
21 Sec. 18-8.05. Basis for apportionment of general State
22 financial aid and supplemental general State aid to the
23 common schools for the 1998-1999 and subsequent school years.
24 (A) General Provisions.
25 (1) The provisions of this Section apply to the
26 1998-1999 and subsequent school years. The system of general
27 State financial aid provided for in this Section is designed
28 to assure that, through a combination of State financial aid
29 and required local resources, the financial support provided
30 each pupil in Average Daily Attendance equals or exceeds a
31 prescribed per pupil Foundation Level. This formula approach
32 imputes a level of per pupil Available Local Resources and
-33- LRB9101254EGfgam02
1 provides for the basis to calculate a per pupil level of
2 general State financial aid that, when added to Available
3 Local Resources, equals or exceeds the Foundation Level. The
4 amount of per pupil general State financial aid for school
5 districts, in general, varies in inverse relation to
6 Available Local Resources. Per pupil amounts are based upon
7 each school district's Average Daily Attendance as that term
8 is defined in this Section.
9 (2) In addition to general State financial aid, school
10 districts with specified levels or concentrations of pupils
11 from low income households are eligible to receive
12 supplemental general State financial aid grants as provided
13 pursuant to subsection (H). The supplemental State aid grants
14 provided for school districts under subsection (H) shall be
15 appropriated for distribution to school districts as part of
16 the same line item in which the general State financial aid
17 of school districts is appropriated under this Section.
18 (3) To receive financial assistance under this Section,
19 school districts are required to file claims with the State
20 Board of Education, subject to the following requirements:
21 (a) Any school district which fails for any given
22 school year to maintain school as required by law, or to
23 maintain a recognized school is not eligible to file for
24 such school year any claim upon the Common School Fund.
25 In case of nonrecognition of one or more attendance
26 centers in a school district otherwise operating
27 recognized schools, the claim of the district shall be
28 reduced in the proportion which the Average Daily
29 Attendance in the attendance center or centers bear to
30 the Average Daily Attendance in the school district. A
31 "recognized school" means any public school which meets
32 the standards as established for recognition by the State
33 Board of Education. A school district or attendance
34 center not having recognition status at the end of a
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1 school term is entitled to receive State aid payments due
2 upon a legal claim which was filed while it was
3 recognized.
4 (b) School district claims filed under this Section
5 are subject to Sections 18-9, 18-10, and 18-12, except as
6 otherwise provided in this Section.
7 (c) If a school district operates a full year
8 school under Section 10-19.1, the general State aid to
9 the school district shall be determined by the State
10 Board of Education in accordance with this Section as
11 near as may be applicable.
12 (d) (Blank).
13 (4) Except as provided in subsections (H) and (L), the
14 board of any district receiving any of the grants provided
15 for in this Section may apply those funds to any fund so
16 received for which that board is authorized to make
17 expenditures by law.
18 School districts are not required to exert a minimum
19 Operating Tax Rate in order to qualify for assistance under
20 this Section.
21 (5) As used in this Section the following terms, when
22 capitalized, shall have the meaning ascribed herein:
23 (a) "Average Daily Attendance": A count of pupil
24 attendance in school, averaged as provided for in
25 subsection (C) and utilized in deriving per pupil
26 financial support levels.
27 (b) "Available Local Resources": A computation of
28 local financial support, calculated on the basis of
29 Average Daily Attendance and derived as provided pursuant
30 to subsection (D).
31 (c) "Corporate Personal Property Replacement
32 Taxes": Funds paid to local school districts pursuant to
33 "An Act in relation to the abolition of ad valorem
34 personal property tax and the replacement of revenues
-35- LRB9101254EGfgam02
1 lost thereby, and amending and repealing certain Acts and
2 parts of Acts in connection therewith", certified August
3 14, 1979, as amended (Public Act 81-1st S.S.-1).
4 (d) "Foundation Level": A prescribed level of per
5 pupil financial support as provided for in subsection
6 (B).
7 (e) "Operating Tax Rate": All school district
8 property taxes extended for all purposes, except Bond and
9 Interest, Summer School, Rent, Capital Improvement, and
10 Vocational Education Building purposes.
11 (B) Foundation Level.
12 (1) The Foundation Level is a figure established by the
13 State representing the minimum level of per pupil financial
14 support that should be available to provide for the basic
15 education of each pupil in Average Daily Attendance. As set
16 forth in this Section, each school district is assumed to
17 exert a sufficient local taxing effort such that, in
18 combination with the aggregate of general State financial aid
19 provided the district, an aggregate of State and local
20 resources are available to meet the basic education needs of
21 pupils in the district.
22 (2) For the 1998-1999 school year, the Foundation Level
23 of support is $4,225. For the 1999-2000 school year, the
24 Foundation Level of support is $4,325. For the 2000-2001
25 school year, the Foundation Level of support is $4,425.
26 (3) For the 2001-2002 school year and each school year
27 thereafter, the Foundation Level of support is $4,425 or such
28 greater amount as may be established by law by the General
29 Assembly.
30 (C) Average Daily Attendance.
31 (1) For purposes of calculating general State aid
32 pursuant to subsection (E), an Average Daily Attendance
33 figure shall be utilized. The Average Daily Attendance
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1 figure for formula calculation purposes shall be the monthly
2 average of the actual number of pupils in attendance of each
3 school district, as further averaged for the best 3 months of
4 pupil attendance for each school district. In compiling the
5 figures for the number of pupils in attendance, school
6 districts and the State Board of Education shall, for
7 purposes of general State aid funding, conform attendance
8 figures to the requirements of subsection (F).
9 (2) The Average Daily Attendance figures utilized in
10 subsection (E) shall be the requisite attendance data for the
11 school year immediately preceding the school year for which
12 general State aid is being calculated.
13 (D) Available Local Resources.
14 (1) For purposes of calculating general State aid
15 pursuant to subsection (E), a representation of Available
16 Local Resources per pupil, as that term is defined and
17 determined in this subsection, shall be utilized. Available
18 Local Resources per pupil shall include a calculated dollar
19 amount representing local school district revenues from local
20 property taxes and from Corporate Personal Property
21 Replacement Taxes, expressed on the basis of pupils in
22 Average Daily Attendance.
23 (2) In determining a school district's revenue from
24 local property taxes, the State Board of Education shall
25 utilize the equalized assessed valuation of all taxable
26 property of each school district as of September 30 of the
27 previous year. The equalized assessed valuation utilized
28 shall be obtained and determined as provided in subsection
29 (G).
30 (3) For school districts maintaining grades kindergarten
31 through 12, local property tax revenues per pupil shall be
32 calculated as the product of the applicable equalized
33 assessed valuation for the district multiplied by 3.00%, and
34 divided by the district's Average Daily Attendance figure.
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1 For school districts maintaining grades kindergarten through
2 8, local property tax revenues per pupil shall be calculated
3 as the product of the applicable equalized assessed valuation
4 for the district multiplied by 2.30%, and divided by the
5 district's Average Daily Attendance figure. For school
6 districts maintaining grades 9 through 12, local property tax
7 revenues per pupil shall be the applicable equalized assessed
8 valuation of the district multiplied by 1.20%, and divided by
9 the district's Average Daily Attendance figure.
10 (4) The Corporate Personal Property Replacement Taxes
11 paid to each school district during the calendar year 2 years
12 before the calendar year in which a school year begins,
13 divided by the Average Daily Attendance figure for that
14 district, shall be added to the local property tax revenues
15 per pupil as derived by the application of the immediately
16 preceding paragraph (3). The sum of these per pupil figures
17 for each school district shall constitute Available Local
18 Resources as that term is utilized in subsection (E) in the
19 calculation of general State aid.
20 (E) Computation of General State Aid.
21 (1) For each school year, the amount of general State
22 aid allotted to a school district shall be computed by the
23 State Board of Education as provided in this subsection.
24 (2) For any school district for which Available Local
25 Resources per pupil is less than the product of 0.93 times
26 the Foundation Level, general State aid for that district
27 shall be calculated as an amount equal to the Foundation
28 Level minus Available Local Resources, multiplied by the
29 Average Daily Attendance of the school district.
30 (3) For any school district for which Available Local
31 Resources per pupil is equal to or greater than the product
32 of 0.93 times the Foundation Level and less than the product
33 of 1.75 times the Foundation Level, the general State aid per
34 pupil shall be a decimal proportion of the Foundation Level
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1 derived using a linear algorithm. Under this linear
2 algorithm, the calculated general State aid per pupil shall
3 decline in direct linear fashion from 0.07 times the
4 Foundation Level for a school district with Available Local
5 Resources equal to the product of 0.93 times the Foundation
6 Level, to 0.05 times the Foundation Level for a school
7 district with Available Local Resources equal to the product
8 of 1.75 times the Foundation Level. The allocation of
9 general State aid for school districts subject to this
10 paragraph 3 shall be the calculated general State aid per
11 pupil figure multiplied by the Average Daily Attendance of
12 the school district.
13 (4) For any school district for which Available Local
14 Resources per pupil equals or exceeds the product of 1.75
15 times the Foundation Level, the general State aid for the
16 school district shall be calculated as the product of $218
17 multiplied by the Average Daily Attendance of the school
18 district.
19 (F) Compilation of Average Daily Attendance.
20 (1) Each school district shall, by July 1 of each year,
21 submit to the State Board of Education, on forms prescribed
22 by the State Board of Education, attendance figures for the
23 school year that began in the preceding calendar year. The
24 attendance information so transmitted shall identify the
25 average daily attendance figures for each month of the school
26 year, except that any days of attendance in August shall be
27 added to the month of September and any days of attendance in
28 June shall be added to the month of May.
29 Except as otherwise provided in this Section, days of
30 attendance by pupils shall be counted only for sessions of
31 not less than 5 clock hours of school work per day under
32 direct supervision of: (i) teachers, or (ii) non-teaching
33 personnel or volunteer personnel when engaging in
34 non-teaching duties and supervising in those instances
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1 specified in subsection (a) of Section 10-22.34 and paragraph
2 10 of Section 34-18, with pupils of legal school age and in
3 kindergarten and grades 1 through 12.
4 Days of attendance by tuition pupils shall be accredited
5 only to the districts that pay the tuition to a recognized
6 school.
7 (2) Days of attendance by pupils of less than 5 clock
8 hours of school shall be subject to the following provisions
9 in the compilation of Average Daily Attendance.
10 (a) Pupils regularly enrolled in a public school
11 for only a part of the school day may be counted on the
12 basis of 1/6 day for every class hour of instruction of
13 40 minutes or more attended pursuant to such enrollment.
14 (b) Days of attendance may be less than 5 clock
15 hours on the opening and closing of the school term, and
16 upon the first day of pupil attendance, if preceded by a
17 day or days utilized as an institute or teachers'
18 workshop.
19 (c) A session of 4 or more clock hours may be
20 counted as a day of attendance upon certification by the
21 regional superintendent, and approved by the State
22 Superintendent of Education to the extent that the
23 district has been forced to use daily multiple sessions.
24 (d) A session of 3 or more clock hours may be
25 counted as a day of attendance (1) when the remainder of
26 the school day or at least 2 hours in the evening of that
27 day is utilized for an in-service training program for
28 teachers, up to a maximum of 5 days per school year of
29 which a maximum of 4 days of such 5 days may be used for
30 parent-teacher conferences, provided a district conducts
31 an in-service training program for teachers which has
32 been approved by the State Superintendent of Education;
33 or, in lieu of 4 such days, 2 full days may be used, in
34 which event each such day may be counted as a day of
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1 attendance; and (2) when days in addition to those
2 provided in item (1) are scheduled by a school pursuant
3 to its school improvement plan adopted under Article 34
4 or its revised or amended school improvement plan adopted
5 under Article 2, provided that (i) such sessions of 3 or
6 more clock hours are scheduled to occur at regular
7 intervals, (ii) the remainder of the school days in which
8 such sessions occur are utilized for in-service training
9 programs or other staff development activities for
10 teachers, and (iii) a sufficient number of minutes of
11 school work under the direct supervision of teachers are
12 added to the school days between such regularly scheduled
13 sessions to accumulate not less than the number of
14 minutes by which such sessions of 3 or more clock hours
15 fall short of 5 clock hours. Any full days used for the
16 purposes of this paragraph shall not be considered for
17 computing average daily attendance. Days scheduled for
18 in-service training programs, staff development
19 activities, or parent-teacher conferences may be
20 scheduled separately for different grade levels and
21 different attendance centers of the district.
22 (e) A session of not less than one clock hour of
23 teaching hospitalized or homebound pupils on-site or by
24 telephone to the classroom may be counted as 1/2 day of
25 attendance, however these pupils must receive 4 or more
26 clock hours of instruction to be counted for a full day
27 of attendance.
28 (f) A session of at least 4 clock hours may be
29 counted as a day of attendance for first grade pupils,
30 and pupils in full day kindergartens, and a session of 2
31 or more hours may be counted as 1/2 day of attendance by
32 pupils in kindergartens which provide only 1/2 day of
33 attendance.
34 (g) For children with disabilities who are below
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1 the age of 6 years and who cannot attend 2 or more clock
2 hours because of their disability or immaturity, a
3 session of not less than one clock hour may be counted as
4 1/2 day of attendance; however for such children whose
5 educational needs so require a session of 4 or more clock
6 hours may be counted as a full day of attendance.
7 (h) A recognized kindergarten which provides for
8 only 1/2 day of attendance by each pupil shall not have
9 more than 1/2 day of attendance counted in any one day.
10 However, kindergartens may count 2 1/2 days of attendance
11 in any 5 consecutive school days. When a pupil attends
12 such a kindergarten for 2 half days on any one school
13 day, the pupil shall have the following day as a day
14 absent from school, unless the school district obtains
15 permission in writing from the State Superintendent of
16 Education. Attendance at kindergartens which provide for
17 a full day of attendance by each pupil shall be counted
18 the same as attendance by first grade pupils. Only the
19 first year of attendance in one kindergarten shall be
20 counted, except in case of children who entered the
21 kindergarten in their fifth year whose educational
22 development requires a second year of kindergarten as
23 determined under the rules and regulations of the State
24 Board of Education.
25 (G) Equalized Assessed Valuation Data.
26 (1) For purposes of the calculation of Available Local
27 Resources required pursuant to subsection (D), the State
28 Board of Education shall secure from the Department of
29 Revenue the value as equalized or assessed by the Department
30 of Revenue of all taxable property of every school district
31 together with the applicable tax rate used in extending taxes
32 for the funds of the district as of September 30 of the
33 previous year.
34 This equalized assessed valuation, as adjusted further by
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1 the requirements of this subsection, shall be utilized in the
2 calculation of Available Local Resources.
3 (2) The equalized assessed valuation in paragraph (1)
4 shall be adjusted, as applicable, in the following manner:
5 (a) For the purposes of calculating State aid under
6 this Section, with respect to any part of a school
7 district within a redevelopment project area in respect
8 to which a municipality has adopted tax increment
9 allocation financing pursuant to the Tax Increment
10 Allocation Redevelopment Act, Sections 11-74.4-1 through
11 11-74.4-11 of the Illinois Municipal Code or the
12 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
13 11-74.6-50 of the Illinois Municipal Code, no part of the
14 current equalized assessed valuation of real property
15 located in any such project area which is attributable to
16 an increase above the total initial equalized assessed
17 valuation of such property shall be used as part of the
18 equalized assessed valuation of the district, until such
19 time as all redevelopment project costs have been paid,
20 as provided in Section 11-74.4-8 of the Tax Increment
21 Allocation Redevelopment Act or in Section 11-74.6-35 of
22 the Industrial Jobs Recovery Law. For the purpose of the
23 equalized assessed valuation of the district, the total
24 initial equalized assessed valuation or the current
25 equalized assessed valuation, whichever is lower, shall
26 be used until such time as all redevelopment project
27 costs have been paid.
28 (b) The real property equalized assessed valuation
29 for a school district shall be adjusted by subtracting
30 from the real property value as equalized or assessed by
31 the Department of Revenue for the district an amount
32 computed by dividing the amount of any abatement of taxes
33 under Section 18-170 of the Property Tax Code by 3.00%
34 for a district maintaining grades kindergarten through
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1 12, by 2.30% for a district maintaining grades
2 kindergarten through 8, or by 1.20% for a district
3 maintaining grades 9 through 12 and adjusted by an amount
4 computed by dividing the amount of any abatement of taxes
5 under subsection (a) of Section 18-165 of the Property
6 Tax Code by the same percentage rates for district type
7 as specified in this subparagraph (b).
8 (H) Supplemental General State Aid.
9 (1) In addition to the general State aid a school
10 district is allotted pursuant to subsection (E), qualifying
11 school districts shall receive a grant, paid in conjunction
12 with a district's payments of general State aid, for
13 supplemental general State aid based upon the concentration
14 level of children from low-income households within the
15 school district. Supplemental State aid grants provided for
16 school districts under this subsection shall be appropriated
17 for distribution to school districts as part of the same line
18 item in which the general State financial aid of school
19 districts is appropriated under this Section. For purposes of
20 this subsection, the term "Low-Income Concentration Level"
21 shall be the low-income eligible pupil count from the most
22 recently available federal census divided by the Average
23 Daily Attendance of the school district. If, however, the
24 percentage decrease from the 2 most recent federal censuses
25 in the low-income eligible pupil count of a high school
26 district with fewer than 400 students exceeds by 75% or more
27 the percentage change in the total low-income eligible pupil
28 count of contiguous elementary school districts, whose
29 boundaries are coterminous with the high school district, the
30 high school district's low-income eligible pupil count from
31 the earlier federal census shall be the number used as the
32 low-income eligible pupil count for the high school district,
33 for purposes of this subsection (H).
34 (2) Supplemental general State aid pursuant to this
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1 subsection shall be provided as follows:
2 (a) For any school district with a Low Income
3 Concentration Level of at least 20% and less than 35%,
4 the grant for any school year shall be $800 multiplied by
5 the low income eligible pupil count.
6 (b) For any school district with a Low Income
7 Concentration Level of at least 35% and less than 50%,
8 the grant for the 1998-1999 school year shall be $1,100
9 multiplied by the low income eligible pupil count.
10 (c) For any school district with a Low Income
11 Concentration Level of at least 50% and less than 60%,
12 the grant for the 1998-99 school year shall be $1,500
13 multiplied by the low income eligible pupil count.
14 (d) For any school district with a Low Income
15 Concentration Level of 60% or more, the grant for the
16 1998-99 school year shall be $1,900 multiplied by the low
17 income eligible pupil count.
18 (e) For the 1999-2000 school year, the per pupil
19 amount specified in subparagraphs (b), (c), and (d),
20 immediately above shall be increased by $100 to $1,200,
21 $1,600, and $2,000, respectively.
22 (f) For the 2000-2001 school year, the per pupil
23 amounts specified in subparagraphs (b), (c) and (d)
24 immediately above shall be increased to $1,230, $1,640,
25 and $2,050, respectively.
26 (3) School districts with an Average Daily Attendance of
27 more than 1,000 and less than 50,000 that qualify for
28 supplemental general State aid pursuant to this subsection
29 shall submit a plan to the State Board of Education prior to
30 October 30 of each year for the use of the funds resulting
31 from this grant of supplemental general State aid for the
32 improvement of instruction in which priority is given to
33 meeting the education needs of disadvantaged children. Such
34 plan shall be submitted in accordance with rules and
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1 regulations promulgated by the State Board of Education.
2 (4) School districts with an Average Daily Attendance of
3 50,000 or more that qualify for supplemental general State
4 aid pursuant to this subsection shall be required to
5 distribute from funds available pursuant to this Section, no
6 less than $261,000,000 in accordance with the following
7 requirements:
8 (a) The required amounts shall be distributed to
9 the attendance centers within the district in proportion
10 to the number of pupils enrolled at each attendance
11 center who are eligible to receive free or reduced-price
12 lunches or breakfasts under the federal Child Nutrition
13 Act of 1966 and under the National School Lunch Act
14 during the immediately preceding school year.
15 (b) The distribution of these portions of
16 supplemental and general State aid among attendance
17 centers according to these requirements shall not be
18 compensated for or contravened by adjustments of the
19 total of other funds appropriated to any attendance
20 centers, and the Board of Education shall utilize funding
21 from one or several sources in order to fully implement
22 this provision annually prior to the opening of school.
23 (c) Each attendance center shall be provided by the
24 school district a distribution of noncategorical funds
25 and other categorical funds to which an attendance center
26 is entitled under law in order that the general State aid
27 and supplemental general State aid provided by
28 application of this subsection supplements rather than
29 supplants the noncategorical funds and other categorical
30 funds provided by the school district to the attendance
31 centers.
32 (d) Any funds made available under this subsection
33 that by reason of the provisions of this subsection are
34 not required to be allocated and provided to attendance
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1 centers may be used and appropriated by the board of the
2 district for any lawful school purpose.
3 (e) Funds received by an attendance center pursuant
4 to this subsection shall be used by the attendance center
5 at the discretion of the principal and local school
6 council for programs to improve educational opportunities
7 at qualifying schools through the following programs and
8 services: early childhood education, reduced class size
9 or improved adult to student classroom ratio, enrichment
10 programs, remedial assistance, attendance improvement,
11 and other educationally beneficial expenditures which
12 supplement the regular and basic programs as determined
13 by the State Board of Education. Funds provided shall
14 not be expended for any political or lobbying purposes as
15 defined by board rule.
16 (f) Each district subject to the provisions of this
17 subdivision (H)(4) shall submit an acceptable plan to
18 meet the educational needs of disadvantaged children, in
19 compliance with the requirements of this paragraph, to
20 the State Board of Education prior to July 15 of each
21 year. This plan shall be consistent with the decisions of
22 local school councils concerning the school expenditure
23 plans developed in accordance with part 4 of Section
24 34-2.3. The State Board shall approve or reject the plan
25 within 60 days after its submission. If the plan is
26 rejected, the district shall give written notice of
27 intent to modify the plan within 15 days of the
28 notification of rejection and then submit a modified plan
29 within 30 days after the date of the written notice of
30 intent to modify. Districts may amend approved plans
31 pursuant to rules promulgated by the State Board of
32 Education.
33 Upon notification by the State Board of Education
34 that the district has not submitted a plan prior to July
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1 15 or a modified plan within the time period specified
2 herein, the State aid funds affected by that plan or
3 modified plan shall be withheld by the State Board of
4 Education until a plan or modified plan is submitted.
5 If the district fails to distribute State aid to
6 attendance centers in accordance with an approved plan,
7 the plan for the following year shall allocate funds, in
8 addition to the funds otherwise required by this
9 subsection, to those attendance centers which were
10 underfunded during the previous year in amounts equal to
11 such underfunding.
12 For purposes of determining compliance with this
13 subsection in relation to the requirements of attendance
14 center funding, each district subject to the provisions
15 of this subsection shall submit as a separate document by
16 December 1 of each year a report of expenditure data for
17 the prior year in addition to any modification of its
18 current plan. If it is determined that there has been a
19 failure to comply with the expenditure provisions of this
20 subsection regarding contravention or supplanting, the
21 State Superintendent of Education shall, within 60 days
22 of receipt of the report, notify the district and any
23 affected local school council. The district shall within
24 45 days of receipt of that notification inform the State
25 Superintendent of Education of the remedial or corrective
26 action to be taken, whether by amendment of the current
27 plan, if feasible, or by adjustment in the plan for the
28 following year. Failure to provide the expenditure
29 report or the notification of remedial or corrective
30 action in a timely manner shall result in a withholding
31 of the affected funds.
32 The State Board of Education shall promulgate rules
33 and regulations to implement the provisions of this
34 subsection. No funds shall be released under this
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1 subdivision (H)(4) to any district that has not submitted
2 a plan that has been approved by the State Board of
3 Education.
4 (I) General State Aid for Newly Configured School Districts.
5 (1) For a new school district formed by combining
6 property included totally within 2 or more previously
7 existing school districts, for its first year of existence
8 the general State aid and supplemental general State aid
9 calculated under this Section shall be computed for the new
10 district and for the previously existing districts for which
11 property is totally included within the new district. If the
12 computation on the basis of the previously existing districts
13 is greater, a supplementary payment equal to the difference
14 shall be made for the first 4 years of existence of the new
15 district.
16 (2) For a school district which annexes all of the
17 territory of one or more entire other school districts, for
18 the first year during which the change of boundaries
19 attributable to such annexation becomes effective for all
20 purposes as determined under Section 7-9 or 7A-8, the general
21 State aid and supplemental general State aid calculated under
22 this Section shall be computed for the annexing district as
23 constituted after the annexation and for the annexing and
24 each annexed district as constituted prior to the annexation;
25 and if the computation on the basis of the annexing and
26 annexed districts as constituted prior to the annexation is
27 greater, a supplementary payment equal to the difference
28 shall be made for the first 4 years of existence of the
29 annexing school district as constituted upon such annexation.
30 (3) For 2 or more school districts which annex all of
31 the territory of one or more entire other school districts,
32 and for 2 or more community unit districts which result upon
33 the division (pursuant to petition under Section 11A-2) of
34 one or more other unit school districts into 2 or more parts
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1 and which together include all of the parts into which such
2 other unit school district or districts are so divided, for
3 the first year during which the change of boundaries
4 attributable to such annexation or division becomes effective
5 for all purposes as determined under Section 7-9 or 11A-10,
6 as the case may be, the general State aid and supplemental
7 general State aid calculated under this Section shall be
8 computed for each annexing or resulting district as
9 constituted after the annexation or division and for each
10 annexing and annexed district, or for each resulting and
11 divided district, as constituted prior to the annexation or
12 division; and if the aggregate of the general State aid and
13 supplemental general State aid as so computed for the
14 annexing or resulting districts as constituted after the
15 annexation or division is less than the aggregate of the
16 general State aid and supplemental general State aid as so
17 computed for the annexing and annexed districts, or for the
18 resulting and divided districts, as constituted prior to the
19 annexation or division, then a supplementary payment equal to
20 the difference shall be made and allocated between or among
21 the annexing or resulting districts, as constituted upon such
22 annexation or division, for the first 4 years of their
23 existence. The total difference payment shall be allocated
24 between or among the annexing or resulting districts in the
25 same ratio as the pupil enrollment from that portion of the
26 annexed or divided district or districts which is annexed to
27 or included in each such annexing or resulting district bears
28 to the total pupil enrollment from the entire annexed or
29 divided district or districts, as such pupil enrollment is
30 determined for the school year last ending prior to the date
31 when the change of boundaries attributable to the annexation
32 or division becomes effective for all purposes. The amount
33 of the total difference payment and the amount thereof to be
34 allocated to the annexing or resulting districts shall be
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1 computed by the State Board of Education on the basis of
2 pupil enrollment and other data which shall be certified to
3 the State Board of Education, on forms which it shall provide
4 for that purpose, by the regional superintendent of schools
5 for each educational service region in which the annexing and
6 annexed districts, or resulting and divided districts are
7 located.
8 (3.5) Claims for financial assistance under this
9 subsection (I) shall not be recomputed except as expressly
10 provided under this Section.
11 (4) Any supplementary payment made under this subsection
12 (I) shall be treated as separate from all other payments made
13 pursuant to this Section.
14 (J) Supplementary Grants in Aid.
15 (1) Notwithstanding any other provisions of this
16 Section, the amount of the aggregate general State aid in
17 combination with supplemental general State aid under this
18 Section for which each school district is eligible shall be
19 no less than the amount of the aggregate general State aid
20 entitlement that was received by the district under Section
21 18-8 (exclusive of amounts received under subsections 5(p)
22 and 5(p-5) of that Section) for the 1997-98 school year,
23 pursuant to the provisions of that Section as it was then in
24 effect. If a school district qualifies to receive a
25 supplementary payment made under this subsection (J), the
26 amount of the aggregate general State aid in combination with
27 supplemental general State aid under this Section which that
28 district is eligible to receive for each school year shall be
29 no less than the amount of the aggregate general State aid
30 entitlement that was received by the district under Section
31 18-8 (exclusive of amounts received under subsections 5(p)
32 and 5(p-5) of that Section) for the 1997-1998 school year,
33 pursuant to the provisions of that Section as it was then in
34 effect.
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1 (2) If, as provided in paragraph (1) of this subsection
2 (J), a school district is to receive aggregate general State
3 aid in combination with supplemental general State aid under
4 this Section for the 1998-99 school year and any subsequent
5 school year that in any such school year is less than the
6 amount of the aggregate general State aid entitlement that
7 the district received for the 1997-98 school year, the school
8 district shall also receive, from a separate appropriation
9 made for purposes of this subsection (J), a supplementary
10 payment that is equal to the amount of the difference in the
11 aggregate State aid figures as described in paragraph (1).
12 (3) (Blank).
13 (K) Grants to Laboratory and Alternative Schools.
14 In calculating the amount to be paid to the governing
15 board of a public university that operates a laboratory
16 school under this Section or to any alternative school that
17 is operated by a regional superintendent of schools, the
18 State Board of Education shall require by rule such reporting
19 requirements as it deems necessary.
20 As used in this Section, "laboratory school" means a
21 public school which is created and operated by a public
22 university and approved by the State Board of Education. The
23 governing board of a public university which receives funds
24 from the State Board under this subsection (K) may not
25 increase the number of students enrolled in its laboratory
26 school from a single district, if that district is already
27 sending 50 or more students, except under a mutual agreement
28 between the school board of a student's district of residence
29 and the university which operates the laboratory school. A
30 laboratory school may not have more than 1,000 students,
31 excluding students with disabilities in a special education
32 program.
33 As used in this Section, "alternative school" means a
34 public school which is created and operated by a Regional
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1 Superintendent of Schools and approved by the State Board of
2 Education. Such alternative schools may offer courses of
3 instruction for which credit is given in regular school
4 programs, courses to prepare students for the high school
5 equivalency testing program or vocational and occupational
6 training. A regional superintendent of schools may contract
7 with a school district or a public community college district
8 to operate an alternative school. An alternative school
9 serving more than one educational service region may be
10 established by the regional superintendents of schools of
11 those the affected educational service regions. An
12 alternative school serving more than one educational service
13 region may be operated under such terms as the regional
14 superintendents of schools of those educational service
15 regions may agree.
16 Each laboratory and alternative school shall file, on
17 forms provided by the State Superintendent of Education, an
18 annual State aid claim which states the Average Daily
19 Attendance of the school's students by month. The best 3
20 months' Average Daily Attendance shall be computed for each
21 school. The general State aid entitlement shall be computed
22 by multiplying the applicable Average Daily Attendance by the
23 Foundation Level as determined under this Section.
24 (L) Payments, Additional Grants in Aid and Other
25 Requirements.
26 (1) For a school district operating under the financial
27 supervision of an Authority created under Article 34A, the
28 general State aid otherwise payable to that district under
29 this Section, but not the supplemental general State aid,
30 shall be reduced by an amount equal to the budget for the
31 operations of the Authority as certified by the Authority to
32 the State Board of Education, and an amount equal to such
33 reduction shall be paid to the Authority created for such
34 district for its operating expenses in the manner provided in
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1 Section 18-11. The remainder of general State school aid for
2 any such district shall be paid in accordance with Article
3 34A when that Article provides for a disposition other than
4 that provided by this Article.
5 (2) Impaction. Impaction payments shall be made as
6 provided for in Section 18-4.2.
7 (3) Summer school. Summer school payments shall be made
8 as provided in Section 18-4.3.
9 (M) Education Funding Advisory Board.
10 The Education Funding Advisory Board, hereinafter in this
11 subsection (M) referred to as the "Board", is hereby created.
12 The Board shall consist of 5 members who are appointed by the
13 Governor, by and with the advice and consent of the Senate.
14 The members appointed shall include representatives of
15 education, business, and the general public. One of the
16 members so appointed shall be designated by the Governor at
17 the time the appointment is made as the chairperson of the
18 Board. The initial members of the Board may be appointed any
19 time after the effective date of this amendatory Act of 1997.
20 The regular term of each member of the Board shall be for 4
21 years from the third Monday of January of the year in which
22 the term of the member's appointment is to commence, except
23 that of the 5 initial members appointed to serve on the
24 Board, the member who is appointed as the chairperson shall
25 serve for a term that commences on the date of his or her
26 appointment and expires on the third Monday of January, 2002,
27 and the remaining 4 members, by lots drawn at the first
28 meeting of the Board that is held after all 5 members are
29 appointed, shall determine 2 of their number to serve for
30 terms that commence on the date of their respective
31 appointments and expire on the third Monday of January, 2001,
32 and 2 of their number to serve for terms that commence on the
33 date of their respective appointments and expire on the third
34 Monday of January, 2000. All members appointed to serve on
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1 the Board shall serve until their respective successors are
2 appointed and confirmed. Vacancies shall be filled in the
3 same manner as original appointments. If a vacancy in
4 membership occurs at a time when the Senate is not in
5 session, the Governor shall make a temporary appointment
6 until the next meeting of the Senate, when he or she shall
7 appoint, by and with the advice and consent of the Senate, a
8 person to fill that membership for the unexpired term. If
9 the Senate is not in session when the initial appointments
10 are made, those appointments shall be made as in the case of
11 vacancies.
12 The Education Funding Advisory Board shall be deemed
13 established, and the initial members appointed by the
14 Governor to serve as members of the Board shall take office,
15 on the date that the Governor makes his or her appointment of
16 the fifth initial member of the Board, whether those initial
17 members are then serving pursuant to appointment and
18 confirmation or pursuant to temporary appointments that are
19 made by the Governor as in the case of vacancies.
20 The State Board of Education shall provide such staff
21 assistance to the Education Funding Advisory Board as is
22 reasonably required for the proper performance by the Board
23 of its responsibilities.
24 For school years after the 2000-2001 school year, the
25 Education Funding Advisory Board, in consultation with the
26 State Board of Education, shall make recommendations as
27 provided in this subsection (M) to the General Assembly for
28 the foundation level under subdivision (B)(3) of this Section
29 and for the supplemental general State aid grant level under
30 subsection (H) of this Section for districts with high
31 concentrations of children from poverty. The recommended
32 foundation level shall be determined based on a methodology
33 which incorporates the basic education expenditures of
34 low-spending schools exhibiting high academic performance.
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1 The Education Funding Advisory Board shall make such
2 recommendations to the General Assembly on January 1 of odd
3 numbered years, beginning January 1, 2001.
4 (N) General State Aid Adjustment Grant.
5 (1) Any school district subject to property tax
6 extension limitations as imposed under the provisions of the
7 Property Tax Extension Limitation Law shall be entitled to
8 receive, subject to the qualifications and requirements of
9 this subsection, a general State aid adjustment grant.
10 Eligibility for this grant shall be determined on an annual
11 basis and claims for grant payments shall be paid subject to
12 appropriations made specific to this subsection. For
13 purposes of this subsection the following terms shall have
14 the following meanings:
15 "Budget Year": The school year for which general State
16 aid is calculated and awarded under subsection (E).
17 "Current Year": The school year immediately preceding
18 the Budget Year.
19 "Base Tax Year": The property tax levy year used to
20 calculate the Budget Year allocation of general State aid.
21 "Preceding Tax Year": The property tax levy year
22 immediately preceding the Base Tax Year.
23 "Extension Limitation Ratio": A numerical ratio,
24 certified by a school district's County Clerk, in which the
25 numerator is the Base Tax Year's tax extension amount
26 resulting from the Limiting Rate and the denominator is the
27 Preceding Tax Year's tax extension amount resulting from the
28 Limiting Rate.
29 "Limiting Rate": The limiting rate as defined in the
30 Property Tax Extension Limitation Law.
31 "Preliminary Tax Rate": The tax rate for all purposes
32 except bond and interest that would have been used to extend
33 those taxes absent the provisions of the Property Tax
34 Extension Limitation Law.
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1 (2) To qualify for a general State aid adjustment grant,
2 a school district must meet all of the following eligibility
3 criteria for each Budget Year for which a grant is claimed:
4 (a) (Blank).
5 (b) The Preliminary Tax Rate of the school district
6 for the Base Tax Year was reduced by the Clerk of the
7 County as a result of the requirements of the Property
8 Tax Extension Limitation Law.
9 (c) The Available Local Resources per pupil of the
10 school district as calculated pursuant to subsection (D)
11 using the Base Tax Year are less than the product of 1.75
12 times the Foundation Level for the Budget Year.
13 (d) The school district has filed a proper and
14 timely claim for a general State aid adjustment grant as
15 required under this subsection.
16 (3) A claim for grant assistance under this subsection
17 shall be filed with the State Board of Education on or before
18 April 1 of the Current Year for a grant for the Budget Year.
19 The claim shall be made on forms prescribed by the State
20 Board of Education and must be accompanied by a written
21 statement from the Clerk of the County, certifying:
22 (a) That the school district had its Preliminary
23 Tax Rate for the Base Tax Year reduced as a result of the
24 Property Tax Extension Limitation Law.
25 (b) (Blank).
26 (c) The Extension Limitation Ratio as that term is
27 defined in this subsection.
28 (4) On or before August 1 of the Budget Year the State
29 Board of Education shall calculate, for all school districts
30 meeting the other requirements of this subsection, the amount
31 of the general State aid adjustment grant, if any, that the
32 school districts are eligible to receive in the Budget Year.
33 The amount of the general State aid adjustment grant shall be
34 calculated as follows:
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1 (a) Determine the school district's general State
2 aid grant for the Budget Year as provided in accordance
3 with the provisions of subsection (E).
4 (b) Determine the school district's adjusted level
5 of general State aid by utilizing in the calculation of
6 Available Local Resources the equalized assessed
7 valuation that was used to calculate the general State
8 aid for the preceding fiscal year multiplied by the
9 Extension Limitation Ratio.
10 (c) Subtract the sum derived in subparagraph (a)
11 from the sum derived in subparagraph (b). If the result
12 is a positive number, that amount shall be the general
13 State aid adjustment grant that the district is eligible
14 to receive.
15 (5) The State Board of Education shall in the Current
16 Year, based upon claims filed in the Current Year, recommend
17 to the General Assembly an appropriation amount for the
18 general State aid adjustment grants to be made in the Budget
19 Year.
20 (6) Claims for general State aid adjustment grants shall
21 be paid in a lump sum on or before January 1 of the Budget
22 Year only from appropriations made by the General Assembly
23 expressly for claims under this subsection. No such claims
24 may be paid from amounts appropriated for any other purpose
25 provided for under this Section. In the event that the
26 appropriation for claims under this subsection is
27 insufficient to meet all Budget Year claims for a general
28 State aid adjustment grant, the appropriation available shall
29 be proportionately prorated by the State Board of Education
30 amongst all districts filing for and entitled to payments.
31 (7) The State Board of Education shall promulgate the
32 required claim forms and rules necessary to implement the
33 provisions of this subsection.
34 (O) References.
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1 (1) References in other laws to the various subdivisions
2 of Section 18-8 as that Section existed before its repeal and
3 replacement by this Section 18-8.05 shall be deemed to refer
4 to the corresponding provisions of this Section 18-8.05, to
5 the extent that those references remain applicable.
6 (2) References in other laws to State Chapter 1 funds
7 shall be deemed to refer to the supplemental general State
8 aid provided under subsection (H) of this Section.
9 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
10 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
11 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised
12 2-17-99.)
13 Section 35. The Currency Exchange Act is amended by
14 renumbering Section .1 as follows:
15 (205 ILCS 405/0.1)
16 Sec. 0.1. .1. Short Title. This Act shall be known and
17 may be cited as the Currency Exchange Act.
18 (Source: P.A. 86-432; revised 3-16-99.)
19 Section 40. The Illinois Public Aid Code is amended by
20 changing Section 5-5.02 as follows:
21 (305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02)
22 Sec. 5-5.02. Hospital reimbursements.
23 (a) Reimbursement to Hospitals; July 1, 1992 through
24 September 30, 1992. Notwithstanding any other provisions of
25 this Code or the Illinois Department's Rules promulgated
26 under the Illinois Administrative Procedure Act,
27 reimbursement to hospitals for services provided during the
28 period July 1, 1992 through September 30, 1992, shall be as
29 follows:
30 (1) For inpatient hospital services rendered, or if
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1 applicable, for inpatient hospital discharges occurring,
2 on or after July 1, 1992 and on or before September 30,
3 1992, the Illinois Department shall reimburse hospitals
4 for inpatient services under the reimbursement
5 methodologies in effect for each hospital, and at the
6 inpatient payment rate calculated for each hospital, as
7 of June 30, 1992. For purposes of this paragraph,
8 "reimbursement methodologies" means all reimbursement
9 methodologies that pertain to the provision of inpatient
10 hospital services, including, but not limited to, any
11 adjustments for disproportionate share, targeted access,
12 critical care access and uncompensated care, as defined
13 by the Illinois Department on June 30, 1992.
14 (2) For the purpose of calculating the inpatient
15 payment rate for each hospital eligible to receive
16 quarterly adjustment payments for targeted access and
17 critical care, as defined by the Illinois Department on
18 June 30, 1992, the adjustment payment for the period July
19 1, 1992 through September 30, 1992, shall be 25% of the
20 annual adjustment payments calculated for each eligible
21 hospital, as of June 30, 1992. The Illinois Department
22 shall determine by rule the adjustment payments for
23 targeted access and critical care beginning October 1,
24 1992.
25 (3) For the purpose of calculating the inpatient
26 payment rate for each hospital eligible to receive
27 quarterly adjustment payments for uncompensated care, as
28 defined by the Illinois Department on June 30, 1992, the
29 adjustment payment for the period August 1, 1992 through
30 September 30, 1992, shall be one-sixth of the total
31 uncompensated care adjustment payments calculated for
32 each eligible hospital for the uncompensated care rate
33 year, as defined by the Illinois Department, ending on
34 July 31, 1992. The Illinois Department shall determine
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1 by rule the adjustment payments for uncompensated care
2 beginning October 1, 1992.
3 (b) Inpatient payments. For inpatient services provided
4 on or after October 1, 1993, in addition to rates paid for
5 hospital inpatient services pursuant to the Illinois Health
6 Finance Reform Act, as now or hereafter amended, or the
7 Illinois Department's prospective reimbursement methodology,
8 or any other methodology used by the Illinois Department for
9 inpatient services, the Illinois Department shall make
10 adjustment payments, in an amount calculated pursuant to the
11 methodology described in paragraph (c) of this Section, to
12 hospitals that the Illinois Department determines satisfy any
13 one of the following requirements:
14 (1) Hospitals that are described in Section 1923 of
15 the federal Social Security Act, as now or hereafter
16 amended; or
17 (2) Illinois hospitals that have a Medicaid
18 inpatient utilization rate which is at least one-half a
19 standard deviation above the mean Medicaid inpatient
20 utilization rate for all hospitals in Illinois receiving
21 Medicaid payments from the Illinois Department; or
22 (3) Illinois hospitals that on July 1, 1991 had a
23 Medicaid inpatient utilization rate, as defined in
24 paragraph (h) (f) of this Section, that was at least the
25 mean Medicaid inpatient utilization rate for all
26 hospitals in Illinois receiving Medicaid payments from
27 the Illinois Department and which were located in a
28 planning area with one-third or fewer excess beds as
29 determined by the Illinois Health Facilities Planning
30 Board, and that, as of June 30, 1992, were located in a
31 federally designated Health Manpower Shortage Area; or
32 (4) Illinois hospitals that:
33 (A) have a Medicaid inpatient utilization rate
34 that is at least equal to the mean Medicaid
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1 inpatient utilization rate for all hospitals in
2 Illinois receiving Medicaid payments from the
3 Department; and
4 (B) also have a Medicaid obstetrical inpatient
5 utilization rate that is at least one standard
6 deviation above the mean Medicaid obstetrical
7 inpatient utilization rate for all hospitals in
8 Illinois receiving Medicaid payments from the
9 Department for obstetrical services; or
10 (5) Any children's hospital, which means a hospital
11 devoted exclusively to caring for children. A hospital
12 which includes a facility devoted exclusively to caring
13 for children that is separately licensed as a hospital by
14 a municipality prior to September 30, 1998 shall be
15 considered a children's hospital to the degree that the
16 hospital's Medicaid care is provided to children.
17 (c) Inpatient adjustment payments. The adjustment
18 payments required by paragraph (b) shall be calculated based
19 upon the hospital's Medicaid inpatient utilization rate as
20 follows:
21 (1) hospitals with a Medicaid inpatient utilization
22 rate below the mean shall receive a per day adjustment
23 payment equal to $25;
24 (2) hospitals with a Medicaid inpatient
25 utilization rate that is equal to or greater than the
26 mean Medicaid inpatient utilization rate but less than
27 one standard deviation above the mean Medicaid inpatient
28 utilization rate shall receive a per day adjustment
29 payment equal to the sum of $25 plus $1 for each one
30 percent that the hospital's Medicaid inpatient
31 utilization rate exceeds the mean Medicaid inpatient
32 utilization rate;
33 (3) hospitals with a Medicaid inpatient
34 utilization rate that is equal to or greater than one
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1 standard deviation above the mean Medicaid inpatient
2 utilization rate but less than 1.5 standard deviations
3 above the mean Medicaid inpatient utilization rate shall
4 receive a per day adjustment payment equal to the sum of
5 $40 plus $7 for each one percent that the hospital's
6 Medicaid inpatient utilization rate exceeds one standard
7 deviation above the mean Medicaid inpatient utilization
8 rate; and
9 (4) hospitals with a Medicaid inpatient
10 utilization rate that is equal to or greater than 1.5
11 standard deviations above the mean Medicaid inpatient
12 utilization rate shall receive a per day adjustment
13 payment equal to the sum of $90 plus $2 for each one
14 percent that the hospital's Medicaid inpatient
15 utilization rate exceeds 1.5 standard deviations above
16 the mean Medicaid inpatient utilization rate.
17 (d) Supplemental adjustment payments. In addition to
18 the adjustment payments described in paragraph (c), hospitals
19 as defined in clauses (1) through (5) of paragraph (b),
20 excluding county hospitals (as defined in subsection (c) of
21 Section 15-1 of this Code) and a hospital organized under the
22 University of Illinois Hospital Act, shall be paid
23 supplemental inpatient adjustment payments of $60 per day.
24 For purposes of Title XIX of the federal Social Security Act,
25 these supplemental adjustment payments shall not be
26 classified as adjustment payments to disproportionate share
27 hospitals.
28 (e) The inpatient adjustment payments described in
29 paragraphs (c) and (d) shall be increased on October 1, 1993
30 and annually thereafter by a percentage equal to the lesser
31 of (i) the increase in the DRI hospital cost index for the
32 most recent 12 month period for which data are available, or
33 (ii) the percentage increase in the statewide average
34 hospital payment rate over the previous year's statewide
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1 average hospital payment rate. The sum of the inpatient
2 adjustment payments under paragraphs (c) and (d) to a
3 hospital, other than a county hospital (as defined in
4 subsection (c) of Section 15-1 of this Code) or a hospital
5 organized under the University of Illinois Hospital Act,
6 however, shall not exceed $275 per day; that limit shall be
7 increased on October 1, 1993 and annually thereafter by a
8 percentage equal to the lesser of (i) the increase in the DRI
9 hospital cost index for the most recent 12-month period for
10 which data are available or (ii) the percentage increase in
11 the statewide average hospital payment rate over the previous
12 year's statewide average hospital payment rate.
13 (f) Children's hospital inpatient adjustment payments.
14 For children's hospitals, as defined in clause (5) of
15 paragraph (b), the adjustment payments required pursuant to
16 paragraphs (c) and (d) shall be multiplied by 2.0.
17 (g) County hospital inpatient adjustment payments. For
18 county hospitals, as defined in subsection (c) of Section
19 15-1 of this Code, there shall be an adjustment payment as
20 determined by rules issued by the Illinois Department.
21 (h) For the purposes of this Section the following
22 terms shall be defined as follows:
23 (1) "Medicaid inpatient utilization rate" means a
24 fraction, the numerator of which is the number of a
25 hospital's inpatient days provided in a given 12-month
26 period to patients who, for such days, were eligible for
27 Medicaid under Title XIX of the federal Social Security
28 Act, and the denominator of which is the total number of
29 the hospital's inpatient days in that same period.
30 (2) "Mean Medicaid inpatient utilization rate"
31 means the total number of Medicaid inpatient days
32 provided by all Illinois Medicaid-participating hospitals
33 divided by the total number of inpatient days provided by
34 those same hospitals.
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1 (3) "Medicaid obstetrical inpatient utilization
2 rate" means the ratio of Medicaid obstetrical inpatient
3 days to total Medicaid inpatient days for all Illinois
4 hospitals receiving Medicaid payments from the Illinois
5 Department.
6 (i) Inpatient adjustment payment limit. In order to
7 meet the limits of Public Law 102-234 and Public Law 103-66,
8 the Illinois Department shall by rule adjust disproportionate
9 share adjustment payments.
10 (j) University of Illinois Hospital inpatient adjustment
11 payments. For hospitals organized under the University of
12 Illinois Hospital Act, there shall be an adjustment payment
13 as determined by rules adopted by the Illinois Department.
14 (k) The Illinois Department may by rule establish
15 criteria for and develop methodologies for adjustment
16 payments to hospitals participating under this Article.
17 (Source: P.A. 89-21, eff. 7-1-95; 90-588, eff. 7-1-98;
18 revised 3-16-99.)
19 Section 45. The Elder Abuse and Neglect Act is amended
20 by changing Section 2 as follows:
21 (320 ILCS 20/2) (from Ch. 23, par. 6602)
22 Sec. 2. Definitions. As used in this Act, unless the
23 context requires otherwise:
24 (a) "Abuse" means causing any physical, mental or sexual
25 injury to an eligible adult, including exploitation of such
26 adult's financial resources.
27 Nothing in this Act shall be construed to mean that an
28 eligible adult is a victim of abuse or neglect for the sole
29 reason that he or she is being furnished with or relies upon
30 treatment by spiritual means through prayer alone, in
31 accordance with the tenets and practices of a recognized
32 church or religious denomination.
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1 Nothing in this Act shall be construed to mean that an
2 eligible adult is a victim of abuse because of health care
3 services provided or not provided by licensed health care
4 professionals.
5 (a-5) "Abuser" means a person who abuses, neglects, or
6 financially exploits an eligible adult.
7 (a-7) "Caregiver" means a person who either as a result
8 of a family relationship, voluntarily, or in exchange for
9 compensation has assumed responsibility for all or a portion
10 of the care of an eligible adult who needs assistance with
11 activities of daily living.
12 (b) "Department" means the Department on Aging of the
13 State of Illinois.
14 (c) "Director" means the Director of the Department.
15 (d) "Domestic living situation" means a residence where
16 the eligible adult lives alone or with his or her family or a
17 caregiver, or others, or a board and care home or other
18 community-based unlicensed facility, but is not:
19 (1) A licensed facility as defined in Section 1-113
20 of the Nursing Home Care Act;
21 (2) A "life care facility" as defined in the Life
22 Care Facilities Act;
23 (3) A home, institution, or other place operated by
24 the federal government or agency thereof or by the State
25 of Illinois;
26 (4) A hospital, sanitarium, or other institution,
27 the principal activity or business of which is the
28 diagnosis, care, and treatment of human illness through
29 the maintenance and operation of organized facilities
30 therefor, which is required to be licensed under the
31 Hospital Licensing Act;
32 (5) A "community living facility" as defined in the
33 Community Living Facilities Licensing Act;
34 (6) A "community residential alternative" as
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1 defined in the Community Residential Alternatives
2 Licensing Act; and
3 (7) A "community-integrated living arrangement" as
4 defined in the Community-Integrated Living Arrangements
5 Licensure and Certification Act.
6 (e) "Eligible adult" means a person 60 years of age or
7 older who resides in a domestic living situation and is, or
8 is alleged to be, abused, neglected, or financially exploited
9 by another individual.
10 (f) "Emergency" means a situation in which an eligible
11 adult is living in conditions presenting a risk of death or
12 physical, mental or sexual injury and the provider agency has
13 reason to believe the eligible adult is unable to consent to
14 services which would alleviate that risk.
15 (f-5) "Mandated reporter" means any of the following
16 persons while engaged in carrying out their professional
17 duties:
18 (1) a professional or professional's delegate while
19 engaged in: (i) social services, (ii) law enforcement,
20 (iii) education, (iv) the care of an eligible adult or
21 eligible adults, or (v) any of the occupations required
22 to be licensed under the Clinical Psychologist Licensing
23 Act, the Clinical Social Work and Social Work Practice
24 Act, the Illinois Dental Practice Act, the Dietetic and
25 Nutrition Services Practice Act, the Marriage and Family
26 Therapy Licensing Act, the Medical Practice Act of 1987,
27 the Naprapathic Practice Act, the Illinois Nursing and
28 Advanced Practice Nursing Act of 1987, the Nursing Home
29 Administrators Licensing and Disciplinary Act, the
30 Illinois Occupational Therapy Practice Act, the Illinois
31 Optometric Practice Act of 1987, the Pharmacy Practice
32 Act of 1987, the Illinois Physical Therapy Act, the
33 Physician Assistant Practice Act of 1987, the Podiatric
34 Medical Practice Act of 1987, the Professional Counselor
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1 and Clinical Professional Counselor Licensing Act, the
2 Illinois Speech-Language Pathology and Audiology Practice
3 Act, the Veterinary Medicine and Surgery Practice Act of
4 1994, and the Illinois Public Accounting Act;
5 (2) an employee of a vocational rehabilitation
6 facility prescribed or supervised by the Department of
7 Human Services;
8 (3) an administrator, employee, or person providing
9 services in or through an unlicensed community based
10 facility;
11 (4) a Christian Science Practitioner;
12 (5) field personnel of the Department of Public
13 Aid, Department of Public Health, and Department of Human
14 Services, and any county or municipal health department;
15 (6) personnel of the Department of Human Services,
16 the Guardianship and Advocacy Commission, the State Fire
17 Marshal, local fire departments, the Department on Aging
18 and its subsidiary Area Agencies on Aging and provider
19 agencies, and the Office of State Long Term Care
20 Ombudsman;
21 (7) any employee of the State of Illinois not
22 otherwise specified herein who is involved in providing
23 services to eligible adults, including professionals
24 providing medical or rehabilitation services and all
25 other persons having direct contact with eligible adults;
26 or
27 (8) (9) a person who performs the duties of a
28 coroner or medical examiner.
29 (g) "Neglect" means another individual's failure to
30 provide an eligible adult with or willful withholding from an
31 eligible adult the necessities of life including, but not
32 limited to, food, clothing, shelter or medical care. This
33 subsection does not create any new affirmative duty to
34 provide support to eligible adults. Nothing in this Act
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1 shall be construed to mean that an eligible adult is a victim
2 of neglect because of health care services provided or not
3 provided by licensed health care professionals.
4 (h) "Provider agency" means any public or nonprofit
5 agency in a planning and service area appointed by the
6 regional administrative agency with prior approval by the
7 Department on Aging to receive and assess reports of alleged
8 or suspected abuse, neglect, or financial exploitation.
9 (i) "Regional administrative agency" means any public or
10 nonprofit agency in a planning and service area so designated
11 by the Department, provided that the designated Area Agency
12 on Aging shall be designated the regional administrative
13 agency if it so requests. The Department shall assume the
14 functions of the regional administrative agency for any
15 planning and service area where another agency is not so
16 designated.
17 (j) "Substantiated case" means a reported case of
18 alleged or suspected abuse, neglect, or financial
19 exploitation in which a provider agency, after assessment,
20 determines that there is reason to believe abuse, neglect, or
21 financial exploitation has occurred.
22 (Source: P.A. 90-628, eff. 1-1-99; revised 3-1-99.)
23 Section 50. The Senior Citizens and Disabled Persons
24 Property Tax Relief and Pharmaceutical Assistance Act is
25 amended by changing Section 5 as follows:
26 (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
27 Sec. 5. Procedure.
28 (a) In general. Claims must be filed after January 1,
29 on forms prescribed by the Department. No claim may be filed
30 more than one year after December 31 of the year for which
31 the claim is filed except that claims for 1976 may be filed
32 until December 31, 1978. The pharmaceutical assistance
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1 identification card provided for in subsection (f) (g) of
2 Section 4 shall be valid for a period not to exceed one year.
3 (b) Claim is Personal. The right to file a claim under
4 this Act shall be personal to the claimant and shall not
5 survive his death, but such right may be exercised on behalf
6 of a claimant by his legal guardian or attorney-in-fact. If
7 a claimant dies after having filed a timely claim, the amount
8 thereof shall be disbursed to his surviving spouse or, if no
9 spouse survives, to his surviving dependent minor children in
10 equal parts, provided the spouse or child, as the case may
11 be, resided with the claimant at the time he filed his claim.
12 If at the time of disbursement neither the claimant nor his
13 spouse is surviving, and no dependent minor children of the
14 claimant are surviving the amount of the claim shall escheat
15 to the State.
16 (c) One claim per household. Only one member of a
17 household may file a claim under this Act in any calendar
18 year; where both members of a household are otherwise
19 entitled to claim a grant under this Act, they must agree as
20 to which of them will file a claim for that year.
21 (d) Content of application form. The form prescribed by
22 the Department for purposes of paragraph (a) shall include a
23 table, appropriately keyed to the parts of the form on which
24 the claimant is required to furnish information, which will
25 enable the claimant to determine readily the approximate
26 amount of grant to which he is entitled by relating levels of
27 household income to property taxes accrued or rent
28 constituting property taxes accrued.
29 (e) Pharmaceutical Assistance Procedures. The
30 Department shall establish the form and manner for
31 application, and establish by January 1, 1986 a procedure to
32 enable persons to apply for the additional grant or for the
33 pharmaceutical assistance identification card on the same
34 application form.
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1 (Source: P.A. 83-1531; revised 3-16-99.)
2 Section 55. The Motor Vehicle Franchise Act is amended
3 by changing Section 13 as follows:
4 (815 ILCS 710/13) (from Ch. 121 1/2, par. 763)
5 Sec. 13. Damages; equitable relief. Any franchisee or
6 motor vehicle dealer who suffers any loss of money or
7 property, real or personal, as a result of the use or
8 employment by a manufacturer, wholesaler, distributor,
9 distributor branch or division, factory branch or division,
10 wholesale branch or division, or any agent, servant or
11 employee thereof, of an unfair method of competition or an
12 unfair or deceptive act or practice declared unlawful by this
13 Act may bring an action for damages and equitable relief,
14 including injunctive relief. Where the misconduct is willful
15 or wanton, the court may award treble damages. A motor
16 vehicle dealer, if it has not suffered any loss of money or
17 property, may obtain permanent equitable relief if it can be
18 shown that the unfair act or practice may have the effect of
19 causing such loss of money or property. Where the franchisee
20 or dealer substantially prevails the court or arbitration
21 panel or Motor Vehicle Review Board shall award attorney's
22 fees and assess costs against the opposing party. Moreover,
23 for the purposes of the award of attorney's fees and costs
24 whenever the franchisee or dealer is seeking injunctive or
25 other relief, the franchisee or dealer may be considered to
26 have prevailed when a judgment is entered in its favor, when
27 a final administrative decision is entered in its favor and
28 affirmed, if subject to judicial review, when a consent order
29 is entered into, or when the manufacturer, distributor,
30 wholesaler, distributor branch or division, factory factor
31 branch or division, wholesale branch or division, or any
32 officer, agent or other representative thereof ceases the
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1 conduct, act or practice which is alleged to be in violation
2 of any Section of this Act.
3 (Source: P.A. 89-145, eff. 7-14-95; revised 3-16-99.)
4 Section 990. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.
11 Section 995. No revival or extension. This Act does not
12 revive or extend any Section or Act otherwise repealed.
13 Section 999. Effective date. This Act takes effect upon
14 becoming law.".