HB2976 EngrossedLRB097 06385 KTG 46467 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. On October 10, 2010 the President
5signed into law Public Law 111-256 (Rosa's Law) which changes
6references to "mental retardation" under most federal laws, but
7not the Social Security Act, to "intellectual disability" and
8changes references to "a mentally retarded individual" under
9most federal laws, but not the Social Security Act, to "an
10individual with an intellectual disability". The purpose of
11this amendatory Act is to conform to the changes made by Public
12Law 111-256 and to changes anticipated under federal law.
 
13    Section 2. Rule of construction. This amendatory Act shall
14be construed to make amendments to provisions of State law to
15substitute the term "intellectual disability" for "mental
16retardation", "intellectually disabled" for "mentally
17retarded", and "ID/DD Community Care Act" for "MR/DD Community
18Care Act" without any intent to change the substantive rights,
19responsibilities, coverage, eligibility, or definitions
20referred to in the amended provisions represented in this
21amendatory Act.
 
22    Section 3. The Statute on Statutes is amended by adding

 

 

HB2976 Engrossed- 2 -LRB097 06385 KTG 46467 b

1Section 1.37 as follows:
 
2    (5 ILCS 70/1.37 new)
3    Sec. 1.37. Intellectual disability. Except where the
4context indicates otherwise, in any rule, contract, or other
5document a reference to the term "mental retardation" shall be
6considered a reference to the term "intellectual disability"
7and a reference to the term "mentally retarded" shall be
8considered a reference to the term "intellectually disabled".
9The use of either "mental retardation" or "intellectually
10disabled", or "mentally retarded" or "intellectually disabled"
11shall not invalidate any rule, contract, or other document.
 
12    Section 4. The Illinois Administrative Procedure Act is
13amended by adding Section 5-146 as follows:
 
14    (5 ILCS 100/5-146 new)
15    Sec. 5-146. Rule change; intellectual disability. Any
16State agency with a rule that contains the term "mentally
17retarded" or "mental retardation" shall amend the text of the
18rule to substitute the term "intellectually disabled" for
19"mentally retarded" and "intellectual disability" for "mental
20retardation", and shall make any other changes that may be
21necessary to conform to the changes made by this amendatory Act
22of the 97th General Assembly.
 

 

 

HB2976 Engrossed- 3 -LRB097 06385 KTG 46467 b

1    Section 5. The Supported Employees Act is amended by
2changing Section 3 as follows:
 
3    (5 ILCS 390/3)  (from Ch. 127, par. 3903)
4    Sec. 3. As used in this Act:
5    (a) "Agency" means those Departments, Boards, Commissions
6and Authorities that are under the jurisdiction and control of
7the Governor and are subject to the provisions and requirements
8of the Personnel Code, the State Universities Civil Service Act
9and the Secretary of State Merit Employment Code.
10    (b) "Department" means the Department of Central
11Management Services.
12    (c) "Director" means the Director of the Department of
13Central Management Services.
14    (d) "Supported employee" means any individual who:
15        (1) has a severe physical or mental disability which
16    seriously limits functional capacities including but not
17    limited to mobility, communication, self-care,
18    self-direction, work tolerance or work skills, in terms of
19    employability as defined, determined and certified by the
20    Department of Human Services; and
21        (2) has one or more physical or mental disabilities
22    resulting from amputation; arthritis; blindness; cancer;
23    cerebral palsy; cystic fibrosis; deafness; heart disease;
24    hemiplegia; respiratory or pulmonary dysfunction; an
25    intellectual disability mental retardation; mental

 

 

HB2976 Engrossed- 4 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 5 -LRB097 06385 KTG 46467 b

1monies to programs that provide services related to supported
2employment.
3    (h) "Provider" means any entity either public or private
4that provides technical support and services to any department
5or agency subject to the control of the Governor, the Secretary
6of State or the University Civil Service System.
7(Source: P.A. 89-507, eff. 7-1-97.)
 
8    Section 7. The Election Code is amended by changing
9Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
1019-12.1, and 19-12.2 as follows:
 
11    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
12    Sec. 3-3. Every honorably discharged soldier or sailor who
13is an inmate of any soldiers' and sailors' home within the
14State of Illinois, any person who is a resident of a facility
15licensed or certified pursuant to the Nursing Home Care Act or
16the ID/DD MR/DD Community Care Act, or any person who is a
17resident of a community-integrated living arrangement, as
18defined in Section 3 of the Community-Integrated Living
19Arrangements Licensure and Certification Act, for 30 days or
20longer, and who is a citizen of the United States and has
21resided in this State and in the election district 30 days next
22preceding any election shall be entitled to vote in the
23election district in which any such home or
24community-integrated living arrangement in which he is an

 

 

HB2976 Engrossed- 6 -LRB097 06385 KTG 46467 b

1inmate or resident is located, for all officers that now are or
2hereafter may be elected by the people, and upon all questions
3that may be submitted to the vote of the people: Provided, that
4he shall declare upon oath, that it was his bona fide intention
5at the time he entered said home or community-integrated living
6arrangement to become a resident thereof.
7(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;
896-1000, eff. 7-2-10.)
 
9    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
10    Sec. 4-6.3. The county clerk may establish a temporary
11place of registration for such times and at such locations
12within the county as the county clerk may select. However, no
13temporary place of registration may be in operation during the
1427 days preceding an election. Notice of the time and place of
15registration under this Section shall be published by the
16county clerk in a newspaper having a general circulation in the
17county not less than 3 nor more than 15 days before the holding
18of such registration.
19    Temporary places of registration shall be established so
20that the areas of concentration of population or use by the
21public are served, whether by facilities provided in places of
22private business or in public buildings or in mobile units.
23Areas which may be designated as temporary places of
24registration include, but are not limited to, facilities
25licensed or certified pursuant to the Nursing Home Care Act or

 

 

HB2976 Engrossed- 7 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 8 -LRB097 06385 KTG 46467 b

1individual to furnish evidence of his or her use of the mailing
2address stated. This use may be demonstrated by a piece of mail
3addressed to that individual and received at that address or by
4a statement from a person authorizing use of the mailing
5address. The registration officer shall require each applicant
6for registration to read or have read to him the affidavit of
7registration before permitting him to execute the affidavit.
8    One of the registration officers or a deputy registration
9officer, county clerk, or clerk in the office of the county
10clerk, shall administer to all persons who shall personally
11apply to register the following oath or affirmation:
12    "You do solemnly swear (or affirm) that you will fully and
13truly answer all such questions as shall be put to you touching
14your name, place of residence, place of birth, your
15qualifications as an elector and your right as such to register
16and vote under the laws of the State of Illinois."
17    The registration officer shall satisfy himself that each
18applicant for registration is qualified to register before
19registering him. If the registration officer has reason to
20believe that the applicant is a resident of a Soldiers' and
21Sailors' Home or any facility which is licensed or certified
22pursuant to the Nursing Home Care Act or the ID/DD MR/DD
23Community Care Act, the following question shall be put, "When
24you entered the home which is your present address, was it your
25bona fide intention to become a resident thereof?" Any voter of
26a township, city, village or incorporated town in which such

 

 

HB2976 Engrossed- 9 -LRB097 06385 KTG 46467 b

1applicant resides, shall be permitted to be present at the
2place of any precinct registration and shall have the right to
3challenge any applicant who applies to be registered.
4    In case the officer is not satisfied that the applicant is
5qualified he shall forthwith notify such applicant in writing
6to appear before the county clerk to complete his registration.
7Upon the card of such applicant shall be written the word
8"incomplete" and no such applicant shall be permitted to vote
9unless such registration is satisfactorily completed as
10hereinafter provided. No registration shall be taken and marked
11as incomplete if information to complete it can be furnished on
12the date of the original application.
13    Any person claiming to be an elector in any election
14precinct and whose registration card is marked "Incomplete" may
15make and sign an application in writing, under oath, to the
16county clerk in substance in the following form:
17    "I do solemnly swear that I, ...., did on (insert date)
18make application to the board of registry of the .... precinct
19of the township of .... (or to the county clerk of .... county)
20and that said board or clerk refused to complete my
21registration as a qualified voter in said precinct. That I
22reside in said precinct, that I intend to reside in said
23precinct, and am a duly qualified voter of said precinct and am
24entitled to be registered to vote in said precinct at the next
25election.
26(Signature of applicant) ............................."
 

 

 

HB2976 Engrossed- 10 -LRB097 06385 KTG 46467 b

1    All such applications shall be presented to the county
2clerk or to his duly authorized representative by the
3applicant, in person between the hours of 9:00 a.m. and 5:00
4p.m. on any day after the days on which the 1969 and 1970
5precinct re-registrations are held but not on any day within 27
6days preceding the ensuing general election and thereafter for
7the registration provided in Section 4-7 all such applications
8shall be presented to the county clerk or his duly authorized
9representative by the applicant in person between the hours of
109:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
11the ensuing general election. Such application shall be heard
12by the county clerk or his duly authorized representative at
13the time the application is presented. If the applicant for
14registration has registered with the county clerk, such
15application may be presented to and heard by the county clerk
16or by his duly authorized representative upon the dates
17specified above or at any time prior thereto designated by the
18county clerk.
19    Any otherwise qualified person who is absent from his
20county of residence either due to business of the United States
21or because he is temporarily outside the territorial limits of
22the United States may become registered by mailing an
23application to the county clerk within the periods of
24registration provided for in this Article, or by simultaneous
25application for absentee registration and absentee ballot as

 

 

HB2976 Engrossed- 11 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 12 -LRB097 06385 KTG 46467 b

1    Out of State address of ..........................
2
AFFIDAVIT OF REGISTRATION
3State of ...........)  
4                   )ss
5County of ..........)
6    I hereby swear (or affirm) that I am a citizen of the
7United States; that on the day of the next election I shall
8have resided in the State of Illinois and in the election
9precinct 30 days; that I am fully qualified to vote, that I am
10not registered to vote anywhere else in the United States, that
11I intend to remain a resident of the State of Illinois and of
12the election precinct, that I intend to return to the State of
13Illinois, and that the above statements are true.
14
..............................
15
(His or her signature or mark)
16    Subscribed and sworn to before me, an officer qualified to
17administer oaths, on (insert date).
18
........................................
19
Signature of officer administering oath.
20    Upon receipt of the executed duplicate affidavit of
21Registration, the county clerk shall transfer the information
22contained thereon to duplicate Registration Cards provided for
23in Section 4-8 of this Article and shall attach thereto a copy
24of each of the duplicate affidavit of registration and
25thereafter such registration card and affidavit shall
26constitute the registration of such person the same as if he

 

 

HB2976 Engrossed- 13 -LRB097 06385 KTG 46467 b

1had applied for registration in person.
2(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
396-1000, eff. 7-2-10.)
 
4    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
5    Sec. 5-9. Except as herein provided, no person shall be
6registered unless he applies in person to registration officer,
7answers such relevant questions as may be asked of him by the
8registration officer, and executes the affidavit of
9registration. The registration officer shall require the
10applicant to furnish two forms of identification, and except in
11the case of a homeless individual, one of which must include
12his or her residence address. These forms of identification
13shall include, but not be limited to, any of the following:
14driver's license, social security card, public aid
15identification card, utility bill, employee or student
16identification card, lease or contract for a residence, credit
17card, or a civic, union or professional association membership
18card. The registration officer shall require a homeless
19individual to furnish evidence of his or her use of the mailing
20address stated. This use may be demonstrated by a piece of mail
21addressed to that individual and received at that address or by
22a statement from a person authorizing use of the mailing
23address. The registration officer shall require each applicant
24for registration to read or have read to him the affidavit of
25registration before permitting him to execute the affidavit.

 

 

HB2976 Engrossed- 14 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 15 -LRB097 06385 KTG 46467 b

1his qualifications. Upon the card of such applicant shall be
2written the word "Incomplete" and no such applicant shall be
3permitted to vote unless such registration is satisfactorily
4completed as hereinafter provided. No registration shall be
5taken and marked as "incomplete" if information to complete it
6can be furnished on the date of the original application.
7    Any person claiming to be an elector in any election
8precinct in such township, city, village or incorporated town
9and whose registration is marked "Incomplete" may make and sign
10an application in writing, under oath, to the County Clerk in
11substance in the following form:
12    "I do solemnly swear that I, .........., did on (insert
13date) make application to the Board of Registry of the ........
14precinct of ........ ward of the City of .... or of the
15......... District ......... Town of .......... (or to the
16County Clerk of .............) and ............ County; that
17said Board or Clerk refused to complete my registration as a
18qualified voter in said precinct, that I reside in said
19precinct (or that I intend to reside in said precinct), am a
20duly qualified voter and entitled to vote in said precinct at
21the next election.
22
...........................
23
(Signature of Applicant)"
24    All such applications shall be presented to the County
25Clerk by the applicant, in person between the hours of nine
26o'clock a.m. and five o'clock p.m., on Monday and Tuesday of

 

 

HB2976 Engrossed- 16 -LRB097 06385 KTG 46467 b

1the third week subsequent to the weeks in which the 1961 and
21962 precinct re-registrations are to be held, and thereafter
3for the registration provided in Section 5-17 of this Article,
4all such applications shall be presented to the County Clerk by
5the applicant in person between the hours of nine o'clock a.m.
6and nine o'clock p.m. on Monday and Tuesday of the third week
7prior to the date on which such election is to be held.
8    Any otherwise qualified person who is absent from his
9county of residence either due to business of the United States
10or because he is temporarily outside the territorial limits of
11the United States may become registered by mailing an
12application to the county clerk within the periods of
13registration provided for in this Article or by simultaneous
14application for absentee registration and absentee ballot as
15provided in Article 20 of this Code.
16    Upon receipt of such application the county clerk shall
17immediately mail an affidavit of registration in duplicate,
18which affidavit shall contain the following and such other
19information as the State Board of Elections may think it proper
20to require for the identification of the applicant:
21    Name. The name of the applicant, giving surname and first
22or Christian name in full, and the middle name or the initial
23for such middle name, if any.
24    Sex.
25    Residence. The name and number of the street, avenue or
26other location of the dwelling, and such additional clear and

 

 

HB2976 Engrossed- 17 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 18 -LRB097 06385 KTG 46467 b

1to the State of Illinois, and that the above statements are
2true.
3
..............................
4
(His or her signature or mark)
5    Subscribed and sworn to before me, an officer qualified to
6administer oaths, on (insert date).
7
........................................
8
Signature of officer administering oath.

 
9
10    Upon receipt of the executed duplicate affidavit of
11Registration, the county clerk shall transfer the information
12contained thereon to duplicate Registration Cards provided for
13in Section 5-7 of this Article and shall attach thereto a copy
14of each of the duplicate affidavit of registration and
15thereafter such registration card and affidavit shall
16constitute the registration of such person the same as if he
17had applied for registration in person.
18(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
1996-1000, eff. 7-2-10.)
 
20    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
21    Sec. 5-16.3. The county clerk may establish temporary
22places of registration for such times and at such locations
23within the county as the county clerk may select. However, no
24temporary place of registration may be in operation during the

 

 

HB2976 Engrossed- 19 -LRB097 06385 KTG 46467 b

127 days preceding an election. Notice of time and place of
2registration at any such temporary place of registration under
3this Section shall be published by the county clerk in a
4newspaper having a general circulation in the county not less
5than 3 nor more than 15 days before the holding of such
6registration.
7    Temporary places of registration shall be established so
8that the areas of concentration of population or use by the
9public are served, whether by facilities provided in places of
10private business or in public buildings or in mobile units.
11Areas which may be designated as temporary places of
12registration include, but are not limited to, facilities
13licensed or certified pursuant to the Nursing Home Care Act or
14the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
15Homes, shopping centers, business districts, public buildings
16and county fairs.
17    Temporary places of registration shall be available to the
18public not less than 2 hours per year for each 1,000 population
19or fraction thereof in the county.
20    All temporary places of registration shall be manned by
21deputy county clerks or deputy registrars appointed pursuant to
22Section 5-16.2.
23(Source: P.A. 96-339, eff. 7-1-10.)
 
24    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
25    Sec. 6-50.3. The board of election commissioners may

 

 

HB2976 Engrossed- 20 -LRB097 06385 KTG 46467 b

1establish temporary places of registration for such times and
2at such locations as the board may select. However, no
3temporary place of registration may be in operation during the
427 days preceding an election. Notice of the time and place of
5registration at any such temporary place of registration under
6this Section shall be published by the board of election
7commissioners in a newspaper having a general circulation in
8the city, village or incorporated town not less than 3 nor more
9than 15 days before the holding of such registration.
10    Temporary places of registration shall be established so
11that the areas of concentration of population or use by the
12public are served, whether by facilities provided in places of
13private business or in public buildings or in mobile units.
14Areas which may be designated as temporary places of
15registration include, but are not limited to facilities
16licensed or certified pursuant to the Nursing Home Care Act or
17the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
18Homes, shopping centers, business districts, public buildings
19and county fairs.
20    Temporary places of registration shall be available to the
21public not less than 2 hours per year for each 1,000 population
22or fraction thereof in the county.
23    All temporary places of registration shall be manned by
24employees of the board of election commissioners or deputy
25registrars appointed pursuant to Section 6-50.2.
26(Source: P.A. 96-339, eff. 7-1-10.)
 

 

 

HB2976 Engrossed- 21 -LRB097 06385 KTG 46467 b

1    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
2    Sec. 6-56. Not more than 30 nor less than 28 days before
3any election under this Article, all owners, managers,
4administrators or operators of hotels, lodging houses, rooming
5houses, furnished apartments or facilities licensed or
6certified under the Nursing Home Care Act, which house 4 or
7more persons, outside the members of the family of such owner,
8manager, administrator or operator, shall file with the board
9of election commissioners a report, under oath, together with
10one copy thereof, in such form as may be required by the board
11of election commissioners, of the names and descriptions of all
12lodgers, guests or residents claiming a voting residence at the
13hotels, lodging houses, rooming houses, furnished apartments,
14or facility licensed or certified under the Nursing Home Care
15Act or the ID/DD MR/DD Community Care Act under their control.
16In counties having a population of 500,000 or more such report
17shall be made on forms mailed to them by the board of election
18commissioners. The board of election commissioners shall sort
19and assemble the sworn copies of the reports in numerical order
20according to ward and according to precincts within each ward
21and shall, not later than 5 days after the last day allowed by
22this Article for the filing of the reports, maintain one
23assembled set of sworn duplicate reports available for public
24inspection until 60 days after election days. Except as is
25otherwise expressly provided in this Article, the board shall

 

 

HB2976 Engrossed- 22 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 23 -LRB097 06385 KTG 46467 b

1statements under oath regarding such hotel, lodging house,
2rooming house or furnished apartment, as the election
3commissioners may require. The election commissioners shall
4sit to hear such citations on the Friday of the fourth week
5preceding the week in which such election is to be held. Such
6citation shall be served not later than the day preceding the
7day on which it is returnable.
8(Source: P.A. 96-339, eff. 7-1-10.)
 
9    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
10    Sec. 19-4. Mailing or delivery of ballots - Time.)
11Immediately upon the receipt of such application either by
12mail, not more than 40 days nor less than 5 days prior to such
13election, or by personal delivery not more than 40 days nor
14less than one day prior to such election, at the office of such
15election authority, it shall be the duty of such election
16authority to examine the records to ascertain whether or not
17such applicant is lawfully entitled to vote as requested,
18including a verification of the applicant's signature by
19comparison with the signature on the official registration
20record card, and if found so to be entitled to vote, to post
21within one business day thereafter the name, street address,
22ward and precinct number or township and district number, as
23the case may be, of such applicant given on a list, the pages
24of which are to be numbered consecutively to be kept by such
25election authority for such purpose in a conspicuous, open and

 

 

HB2976 Engrossed- 24 -LRB097 06385 KTG 46467 b

1public place accessible to the public at the entrance of the
2office of such election authority, and in such a manner that
3such list may be viewed without necessity of requesting
4permission therefor. Within one day after posting the name and
5other information of an applicant for an absentee ballot, the
6election authority shall transmit that name and other posted
7information to the State Board of Elections, which shall
8maintain those names and other information in an electronic
9format on its website, arranged by county and accessible to
10State and local political committees. Within 2 business days
11after posting a name and other information on the list within
12its office, the election authority shall mail, postage prepaid,
13or deliver in person in such office an official ballot or
14ballots if more than one are to be voted at said election. Mail
15delivery of Temporarily Absent Student ballot applications
16pursuant to Section 19-12.3 shall be by nonforwardable mail.
17However, for the consolidated election, absentee ballots for
18certain precincts may be delivered to applicants not less than
1925 days before the election if so much time is required to have
20prepared and printed the ballots containing the names of
21persons nominated for offices at the consolidated primary. The
22election authority shall enclose with each absentee ballot or
23application written instructions on how voting assistance
24shall be provided pursuant to Section 17-14 and a document,
25written and approved by the State Board of Elections,
26enumerating the circumstances under which a person is

 

 

HB2976 Engrossed- 25 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 26 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 27 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 28 -LRB097 06385 KTG 46467 b

1nursing home voter.
2    Application for a disabled voter's or nursing home
3resident's identification card shall be made either: (a) in
4writing, with voter's sworn affidavit, to the county clerk or
5board of election commissioners, as the case may be, and shall
6be accompanied by the affidavit of the attending physician
7specifically describing the nature of the physical incapacity
8or the fact that the voter is a nursing home resident and is
9physically unable to be present at the polls on election days;
10or (b) by presenting, in writing or otherwise, to the county
11clerk or board of election commissioners, as the case may be,
12proof that the applicant has secured an Illinois Disabled
13Person Identification Card indicating that the person named
14thereon has a Class 1A or Class 2 disability. Upon the receipt
15of either the sworn-to application and the physician's
16affidavit or proof that the applicant has secured an Illinois
17Disabled Person Identification Card indicating that the person
18named thereon has a Class 1A or Class 2 disability, the county
19clerk or board of election commissioners shall issue a disabled
20voter's or nursing home resident's identification card. Such
21identification cards shall be issued for a period of 5 years,
22upon the expiration of which time the voter may secure a new
23card by making application in the same manner as is prescribed
24for the issuance of an original card, accompanied by a new
25affidavit of the attending physician. The date of expiration of
26such five-year period shall be made known to any interested

 

 

HB2976 Engrossed- 29 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 30 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 31 -LRB097 06385 KTG 46467 b

1election judges who must be selected by the election authority
2in the following order of priority: (1) from the panel of
3judges appointed for the precinct in which such facility is
4located, or from a panel of judges appointed for any other
5precinct within the jurisdiction of the election authority in
6the same ward or township, as the case may be, in which the
7facility is located or, only in the case where a judge or
8judges from the precinct, township or ward are unavailable to
9serve, (3) from a panel of judges appointed for any other
10precinct within the jurisdiction of the election authority. The
11two judges shall be from different political parties. Not less
12than 30 days before each regular election, the election
13authority shall have arranged with the chief administrative
14officer of each facility in his or its election jurisdiction a
15mutually convenient time period on the Friday, Saturday, Sunday
16or Monday immediately preceding the election for such voting on
17the premises of the facility and shall post in a prominent
18place in his or its office a notice of the agreed day and time
19period for conducting such voting at each facility; provided
20that the election authority shall not later than noon on the
21Thursday before the election also post the names and addresses
22of those facilities from which no applications were received
23and in which no supervised absentee voting will be conducted.
24All provisions of this Code applicable to pollwatchers shall be
25applicable herein. To the maximum extent feasible, voting
26booths or screens shall be provided to insure the privacy of

 

 

HB2976 Engrossed- 32 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 33 -LRB097 06385 KTG 46467 b

1$25.00 for conducting absentee voting in such facilities.
2    Not less than 120 days before each regular election, the
3Department of Public Health shall certify to the State Board of
4Elections a list of the facilities licensed or certified
5pursuant to the Nursing Home Care Act or the ID/DD MR/DD
6Community Care Act, and shall indicate the approved bed
7capacity and the name of the chief administrative officer of
8each such facility, and the State Board of Elections shall
9certify the same to the appropriate election authority within
1020 days thereafter.
11(Source: P.A. 96-339, eff. 7-1-10.)
 
12    Section 10. The Secretary of State Merit Employment Code is
13amended by changing Section 18c as follows:
 
14    (15 ILCS 310/18c)  (from Ch. 124, par. 118c)
15    Sec. 18c. Supported employees.
16    (a) The Director shall develop and implement a supported
17employment program. It shall be the goal of the program to
18appoint a minimum of 10 supported employees to Secretary of
19State positions before June 30, 1992.
20    (b) The Director shall designate a liaison to work with
21State agencies and departments under the jurisdiction of the
22Secretary of State and any funder or provider or both in the
23implementation of a supported employment program.
24    (c) As used in this Section:

 

 

HB2976 Engrossed- 34 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 35 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 36 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 37 -LRB097 06385 KTG 46467 b

1ability or motor skills. The Secretary of State shall establish
2standards not inconsistent with this provision necessary to
3determine the presence of a physical disability.
4    Type Two: Developmental disability. A developmental
5disability is a disability which originates before the age of
618 years, and results in or has resulted in impairment similar
7to that caused by an intellectual disability mental retardation
8and which requires services similar to those required by
9intellectually disabled mentally retarded persons and which is
10attributable to an intellectual disability mental retardation,
11cerebral palsy, epilepsy, autism, or other conditions or
12similar disorders. The Secretary of State shall establish
13standards not inconsistent with this provision necessary to
14determine the presence of a developmental disability.
15    Type Three: Visual disability. A visual disability is a
16disability resulting in complete absence of vision, or vision
17that with corrective glasses is so defective as to prevent
18performance of tasks or activities for which eyesight is
19essential. The Secretary of State shall establish standards not
20inconsistent with this Section necessary to determine the
21presence of a visual disability.
22    Type Four: Hearing disability. A hearing disability is a
23disability resulting in complete absence of hearing, or hearing
24that with sound enhancing or magnifying equipment is so
25impaired as to require the use of sensory input other than
26hearing as the principal means of receiving spoken language.

 

 

HB2976 Engrossed- 38 -LRB097 06385 KTG 46467 b

1The Secretary of State shall establish standards not
2inconsistent with this Section necessary to determine the
3presence of a hearing disability.
4    Type Five: Mental Disability. A mental disability is an
5emotional or psychological impairment or disease, which
6substantially impairs the ability to meet individual or
7societal needs. The Secretary of State shall establish
8standards not inconsistent with this provision necessary to
9determine the presence of a mental disability.
10    (b) For purposes of this Act, a disability shall be
11classified as follows: Class 1 disability: A Class 1 disability
12is any type disability which does not render a person unable to
13engage in any substantial gainful activity or which does not
14impair his ability to live independently or to perform labor or
15services for which he is qualified. The Secretary of State
16shall establish standards not inconsistent with this Section
17necessary to determine the presence of a Class 1 disability.
18Class 1A disability: A Class 1A disability is a Class 1
19disability which renders a person unable to walk 200 feet or
20more unassisted by another person or without the aid of a
21walker, crutches, braces, prosthetic device or a wheelchair or
22without great difficulty or discomfort due to the following
23impairments: neurologic, orthopedic, respiratory, cardiac,
24arthritic disorder, or the loss of function or absence of a
25limb or limbs. The Secretary of State shall establish standards
26not inconsistent with this Section necessary to determine the

 

 

HB2976 Engrossed- 39 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 40 -LRB097 06385 KTG 46467 b

1    Sec. 4.08. Rural and small town meals program. Subject to
2appropriation, the Department may establish a program to ensure
3the availability of congregate or home-delivered meals in
4communities with populations of under 5,000 that are not
5located within the large urban counties of Cook, DuPage, Kane,
6Lake, or Will.
7    The Department may meet these requirements by entering into
8agreements with Area Agencies on Aging or Department designees,
9which shall in turn enter into grants or contractual agreements
10with such local entities as restaurants, cafes, churches,
11facilities licensed under the Nursing Home Care Act, the ID/DD
12MR/DD Community Care Act, the Assisted Living and Shared
13Housing Act, or the Hospital Licensing Act, facilities
14certified by the Department of Healthcare and Family Services,
15senior centers, or Older American Act designated nutrition
16service providers.
17    First consideration shall be given to entities that can
18cost effectively meet the needs of seniors in the community by
19preparing the food locally.
20    In no instance shall funds provided pursuant to this
21Section be used to replace funds allocated to a given area or
22program as of the effective date of this amendatory Act of the
2395th General Assembly.
24    The Department shall establish guidelines and standards by
25administrative rule, which shall include submission of an
26expenditure plan by the recipient of the funds.

 

 

HB2976 Engrossed- 41 -LRB097 06385 KTG 46467 b

1(Source: P.A. 95-68, eff. 8-13-07; 95-876, eff. 8-21-08;
296-339, eff. 7-1-10.)
 
3    Section 20. The Mental Health and Developmental
4Disabilities Administrative Act is amended by changing
5Sections 7, 15, 34, 43, 45, 46, and 57.6 as follows:
 
6    (20 ILCS 1705/7)  (from Ch. 91 1/2, par. 100-7)
7    Sec. 7. To receive and provide the highest possible quality
8of humane and rehabilitative care and treatment to all persons
9admitted or committed or transferred in accordance with law to
10the facilities, divisions, programs, and services under the
11jurisdiction of the Department. No resident of another state
12shall be received or retained to the exclusion of any resident
13of this State. No resident of another state shall be received
14or retained to the exclusion of any resident of this State. All
15recipients of 17 years of age and under in residence in a
16Department facility other than a facility for the care of the
17intellectually disabled mentally retarded shall be housed in
18quarters separated from older recipients except for: (a)
19recipients who are placed in medical-surgical units because of
20physical illness; and (b) recipients between 13 and 18 years of
21age who need temporary security measures.
22    All recipients in a Department facility shall be given a
23dental examination by a licensed dentist or registered dental
24hygienist at least once every 18 months and shall be assigned

 

 

HB2976 Engrossed- 42 -LRB097 06385 KTG 46467 b

1to a dentist for such dental care and treatment as is
2necessary.
3    All medications administered to recipients shall be
4administered only by those persons who are legally qualified to
5do so by the laws of the State of Illinois. Medication shall
6not be prescribed until a physical and mental examination of
7the recipient has been completed. If, in the clinical judgment
8of a physician, it is necessary to administer medication to a
9recipient before the completion of the physical and mental
10examination, he may prescribe such medication but he must file
11a report with the facility director setting forth the reasons
12for prescribing such medication within 24 hours of the
13prescription. A copy of the report shall be part of the
14recipient's record.
15    No later than January 1, 2005, the Department shall adopt a
16model protocol and forms for recording all patient diagnosis,
17care, and treatment at each State-operated facility for the
18mentally ill and developmentally disabled under the
19jurisdiction of the Department. The model protocol and forms
20shall be used by each facility unless the Department determines
21that equivalent alternatives justify an exemption.
22    Every facility under the jurisdiction of the Department
23shall maintain a copy of each report of suspected abuse or
24neglect of the patient. Copies of those reports shall be made
25available to the State Auditor General in connection with his
26biennial program audit of the facility as required by Section

 

 

HB2976 Engrossed- 43 -LRB097 06385 KTG 46467 b

13-2 of the Illinois State Auditing Act.
2    No later than January 1 2004, the Department shall report
3to the Governor and the General Assembly whether each
4State-operated facility for the mentally ill and
5developmentally disabled under the jurisdiction of the
6Department and all services provided in those facilities comply
7with all of the applicable standards adopted by the Social
8Security Administration under Subchapter XVIII (Medicare) of
9the Social Security Act (42 U.S.C. 1395-1395ccc), if the
10facility and services may be eligible for federal financial
11participation under that federal law. For those facilities that
12do comply, the report shall indicate what actions need to be
13taken to ensure continued compliance. For those facilities that
14do not comply, the report shall indicate what actions need to
15be taken to bring each facility into compliance.
16(Source: P.A. 93-636, eff. 6-1-04.)
 
17    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
18    Sec. 15. Before any person is released from a facility
19operated by the State pursuant to an absolute discharge or a
20conditional discharge from hospitalization under this Act, the
21facility director of the facility in which such person is
22hospitalized shall determine that such person is not currently
23in need of hospitalization and:
24        (a) is able to live independently in the community; or
25        (b) requires further oversight and supervisory care

 

 

HB2976 Engrossed- 44 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 45 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 46 -LRB097 06385 KTG 46467 b

1of facilities, programs or homes within this State to
2accommodate these recipients, except where placement in a
3contiguous state results in locating a recipient in a facility
4or program closer to the recipient's home or family. If an
5appropriate facility or program becomes available equal to or
6closer to the recipient's home or family, the recipient shall
7be returned to and placed at the appropriate facility or
8program within this State.
9    To place any person who is under a program of the
10Department at board in a suitable family home or in such other
11facility or program as the Department may consider desirable.
12The Department may place in licensed nursing homes, sheltered
13care homes, or homes for the aged those persons whose
14behavioral manifestations and medical and nursing care needs
15are such as to be substantially indistinguishable from persons
16already living in such facilities. Prior to any placement by
17the Department under this Section, a determination shall be
18made by the personnel of the Department, as to the capability
19and suitability of such facility to adequately meet the needs
20of the person to be discharged. When specialized programs are
21necessary in order to enable persons in need of supervised
22living to develop and improve in the community, the Department
23shall place such persons only in specialized residential care
24facilities which shall meet Department standards including
25restricted admission policy, special staffing and programming
26for social and vocational rehabilitation, in addition to the

 

 

HB2976 Engrossed- 47 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 48 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 49 -LRB097 06385 KTG 46467 b

1providing services to former Department recipients, training
2shall be available as necessary for facility staff. Such
3training will be on a continuing basis as the needs of the
4facility and recipients change and further training is
5required.
6    The Department shall not place any person in a facility
7which does not have appropriately trained staff in sufficient
8numbers to accommodate the recipient population already at the
9facility. As a condition of further or future placements of
10persons, the Department shall require the employment of
11additional trained staff members at the facility where said
12persons are to be placed. The Secretary, or his or her
13designate, shall establish written guidelines for placement of
14persons in facilities under this Act. The Department shall keep
15written records detailing which facilities have been
16determined to have staff who have been appropriately trained by
17the Department and all training which it has provided or
18required under this Section.
19    Bills for the support for a person boarded out shall be
20payable monthly out of the proper maintenance funds and shall
21be audited as any other accounts of the Department. If a person
22is placed in a facility or program outside the Department, the
23Department may pay the actual costs of residence, treatment or
24maintenance in such facility and may collect such actual costs
25or a portion thereof from the recipient or the estate of a
26person placed in accordance with this Section.

 

 

HB2976 Engrossed- 50 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 51 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 52 -LRB097 06385 KTG 46467 b

1employment outside the facility, such sums for the
2transportation, and other expenses as may be needed by him
3until he receives his wages for such employment.
4    The Department shall promulgate rules and regulations
5governing the purchase of care for persons who are wards of or
6who are receiving services from the Department. Such rules and
7regulations shall apply to all monies expended by any agency of
8the State of Illinois for services rendered by any person,
9corporate entity, agency, governmental agency or political
10subdivision whether public or private outside of the Department
11whether payment is made through a contractual, per-diem or
12other arrangement. No funds shall be paid to any person,
13corporation, agency, governmental entity or political
14subdivision without compliance with such rules and
15regulations.
16    The rules and regulations governing purchase of care shall
17describe categories and types of service deemed appropriate for
18purchase by the Department.
19    Any provider of services under this Act may elect to
20receive payment for those services, and the Department is
21authorized to arrange for that payment, by means of direct
22deposit transmittals to the service provider's account
23maintained at a bank, savings and loan association, or other
24financial institution. The financial institution shall be
25approved by the Department, and the deposits shall be in
26accordance with rules and regulations adopted by the

 

 

HB2976 Engrossed- 53 -LRB097 06385 KTG 46467 b

1Department.
2(Source: P.A. 96-339, eff. 7-1-10.)
 
3    (20 ILCS 1705/34)  (from Ch. 91 1/2, par. 100-34)
4    Sec. 34. To make grants-in-aid to community clinics and
5agencies for psychiatric or clinical services, training,
6research and other mental health, intellectual disabilities
7mental retardation and other developmental disabilities
8programs, for persons of all ages including those aged 3 to 21.
9    In addition to other standards and procedures governing the
10disbursement of grants-in-aid implemented under this Section,
11the Secretary shall require that each application for such aid
12submitted by public agencies or public clinics with respect to
13services to be provided by a municipality with a population of
14500,000 or more shall include review and comment by a community
15mental health board that is organized under local authority and
16broadly representative of the geographic, social, cultural,
17and economic interests of the area to be served, and which
18includes persons who are professionals in the field of mental
19health, consumers of services or representative of the general
20public. Within planning and service areas designated by the
21Secretary where more than one clinic or agency applies under
22this paragraph, each application shall be reviewed by a single
23community mental health board that is representative of the
24areas to be served by each clinic or agency.
25    The Secretary may authorize advance disbursements to any

 

 

HB2976 Engrossed- 54 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 55 -LRB097 06385 KTG 46467 b

1this Section, such private facility must give the Department
2and the person's guardian or nearest relative, at least 30
3days' notice in writing before such person may be discharged or
4transferred from the private facility, except in an emergency.
5(Source: P.A. 90-14, eff. 7-1-97.)
 
6    (20 ILCS 1705/45)  (from Ch. 91 1/2, par. 100-45)
7    Sec. 45. The following Acts are repealed:
8    "An Act to provide for the establishment and maintenance of
9services and facilities for severely physically handicapped
10children", approved June 29, 1945.
11    "An Act in relation to the visitation, instruction, and
12rehabilitation of major visually handicapped persons and to
13repeal acts herein named", approved July 21, 1959.
14    "An Act in relation to the rehabilitation of physically
15handicapped persons", approved June 28, 1919.
16    "An Act for the treatment, care and maintenance of persons
17mentally ill or in need of mental treatment who are inmates of
18the Illinois Soldiers' and Sailors' Home", approved June 15,
191895, as amended.
20    "An Act to establish and maintain a home for the disabled
21mothers, wives, widows and daughters of disabled or deceased
22soldiers in the State of Illinois, and to provide for the
23purchase and maintenance thereof", approved June 13, 1895, as
24amended.
25    "An Act to establish and maintain a Soldiers' and Sailors'

 

 

HB2976 Engrossed- 56 -LRB097 06385 KTG 46467 b

1Home in the State of Illinois, and making an appropriation for
2the purchase of land and the construction of the necessary
3buildings", approved June 26, 1885, as amended.
4    "An Act in relation to the disposal of certain funds and
5property which now are or hereafter may be in the custody of
6the managing officer of the Illinois Soldiers' and Sailors'
7Home at Quincy", approved June 24, 1921.
8    "An Act in relation to the establishment in the Department
9of Public Welfare of a Division to be known as the Institute
10for Juvenile Research and to define its powers and duties",
11approved July 16, 1941.
12    "An Act to provide for the establishment, maintenance and
13operation of the Southern Illinois Children's Service Center",
14approved August 2, 1951.
15    "An Act to change the name of the Illinois Charitable Eye
16and Ear Infirmary", approved June 27, 1923.
17    "An Act to establish and provide for the conduct of an
18institution for the care and custody of persons of unsound or
19feeble mind, to be known as the Illinois Security Hospital, and
20to designate the classes of persons to be confined therein",
21approved June 30, 1933, as amended.
22    Sections one through 27 and Sections 29 through 34 of "An
23Act to revise the laws relating to charities", approved June
2411, 1912, as amended.
25    "An Act creating a Division of Alcoholism in the Department
26of Public Welfare, defining its rights, powers and duties, and

 

 

HB2976 Engrossed- 57 -LRB097 06385 KTG 46467 b

1making an appropriation therefor", approved July 5, 1957.
2    "An Act to establish in the Department of Public Welfare a
3Psychiatric Training and Research Authority", approved July
414, 1955.
5    "An Act creating the Advisory Board on Intellectual
6Disabilities Mental Retardation in the Department of Public
7Welfare, defining its powers and duties and making an
8appropriation therefor", approved July 17, 1959.
9    "An Act to provide for the construction, equipment, and
10operation of a psychiatric institute state hospital to promote
11and advance knowledge, through research, in the causes and
12treatment of mental illness; to train competent psychiatric
13personnel available for service in the state hospitals and
14elsewhere; and to contribute to meeting the need for treatment
15for mentally ill patients", approved June 30, 1953, as amended.
16    "An Act in relation to the disposal of certain funds and
17property paid to, or received by, the officials of the State
18institutions under the direction and supervision of the
19Department of Public Welfare", approved June 10, 1929.
20    "An Act to require professional persons having patients
21with major visual limitations to report information regarding
22such cases to the Department of Public Welfare and to authorize
23the Department to inform such patients of services and training
24available," approved July 5, 1957.
25    Sections 3, 4, 5, 5a, 6, 22, 24, 25, 26 of "An Act to
26regulate the state charitable institutions and the state reform

 

 

HB2976 Engrossed- 58 -LRB097 06385 KTG 46467 b

1school, and to improve their organization and increase their
2efficiency," approved April 15, 1875.
3(Source: Laws 1961, p. 2666.)
 
4    (20 ILCS 1705/46)  (from Ch. 91 1/2, par. 100-46)
5    Sec. 46. Separation between the sexes shall be maintained
6relative to sleeping quarters in each facility under the
7jurisdiction of the Department, except in relation to quarters
8for intellectually disabled mentally retarded children under
9age 6 and quarters for severely-profoundly intellectually
10disabled mentally retarded persons and nonambulatory
11intellectually disabled mentally retarded persons, regardless
12of age.
13(Source: P.A. 85-971.)
 
14    (20 ILCS 1705/57.6)
15    Sec. 57.6. Adult autism; funding for services. Subject to
16appropriations, the Department, or independent contractual
17consultants engaged by the Department, shall research possible
18funding streams for the development and implementation of
19services for adults with autism spectrum disorders without an
20intellectual disability mental retardation. Independent
21consultants must have expertise in Medicaid services and
22alternative federal and State funding mechanisms. The research
23may include, but need not be limited to, research of a Medicaid
24state plan amendment, a Section 1915(c) home and community

 

 

HB2976 Engrossed- 59 -LRB097 06385 KTG 46467 b

1based waiver, a Section 1115 research and demonstration waiver,
2vocational rehabilitation funding, mental health block grants,
3and other appropriate funding sources. The Department shall
4report the results of the research and its recommendations to
5the Governor and the General Assembly by April 1, 2008.
6(Source: P.A. 95-106, eff. 1-1-08.)
 
7    Section 22. The Civil Administrative Code of Illinois is
8amended by changing Sections 2310-550, 2310-560, 2310-565, and
92310-625 as follows:
 
10    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)
11    Sec. 2310-550. Long-term care facilities. The Department
12may perform, in all long-term care facilities as defined in the
13Nursing Home Care Act and all facilities as defined in the
14ID/DD MR/DD Community Care Act, all inspection, evaluation,
15certification, and inspection of care duties that the federal
16government may require the State of Illinois to perform or have
17performed as a condition of participation in any programs under
18Title XVIII or Title XIX of the federal Social Security Act.
19(Source: P.A. 96-339, eff. 7-1-10.)
 
20    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)
21    Sec. 2310-560. Advisory committees concerning construction
22of facilities.
23    (a) The Director shall appoint an advisory committee. The

 

 

HB2976 Engrossed- 60 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 61 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 62 -LRB097 06385 KTG 46467 b

1    (20 ILCS 2310/2310-625)
2    Sec. 2310-625. Emergency Powers.
3    (a) Upon proclamation of a disaster by the Governor, as
4provided for in the Illinois Emergency Management Agency Act,
5the Director of Public Health shall have the following powers,
6which shall be exercised only in coordination with the Illinois
7Emergency Management Agency and the Department of Financial and
8Professional Regulation:
9        (1) The power to suspend the requirements for temporary
10    or permanent licensure or certification of persons who are
11    licensed or certified in another state and are working
12    under the direction of the Illinois Emergency Management
13    Agency and the Illinois Department of Public Health
14    pursuant to the declared disaster.
15        (2) The power to modify the scope of practice
16    restrictions under the Emergency Medical Services (EMS)
17    Systems Act for any persons who are licensed under that Act
18    for any person working under the direction of the Illinois
19    Emergency Management Agency and the Illinois Department of
20    Public Health pursuant to the declared disaster.
21        (3) The power to modify the scope of practice
22    restrictions under the Nursing Home Care Act or the ID/DD
23    MR/DD Community Care Act for Certified Nursing Assistants
24    for any person working under the direction of the Illinois
25    Emergency Management Agency and the Illinois Department of

 

 

HB2976 Engrossed- 63 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 64 -LRB097 06385 KTG 46467 b

1    "Disability" means a disability as defined by the Americans
2with Disabilities Act of 1990 that is attributable to a
3developmental disability, a mental illness, or a physical
4disability, or combination of those.
5    "Developmental disability" means a disability that is
6attributable to an intellectual disability mental retardation
7or a related condition. A related condition must meet all of
8the following conditions:
9        (1) It must be attributable to cerebral palsy,
10    epilepsy, or any other condition (other than mental
11    illness) found to be closely related to an intellectual
12    disability mental retardation because that condition
13    results in impairment of general intellectual functioning
14    or adaptive behavior similar to that of individuals with an
15    intellectual disability mental retardation, and requires
16    treatment or services similar to those required for those
17    individuals. For purposes of this Section, autism is
18    considered a related condition.
19        (2) It must be manifested before the individual reaches
20    age 22.
21        (3) It must be likely to continue indefinitely.
22        (4) It must result in substantial functional
23    limitations in 3 or more of the following areas of major
24    life activity: self-care, language, learning, mobility,
25    self-direction, and capacity for independent living.
26    "Mental Illness" means a mental or emotional disorder

 

 

HB2976 Engrossed- 65 -LRB097 06385 KTG 46467 b

1verified by a diagnosis contained in the Diagnostic and
2Statistical Manual of Mental Disorders-Fourth Edition,
3published by the American Psychiatric Association (DSM-IV), or
4its successor, or International Classification of Diseases,
59th Revision, Clinical Modification (ICD-9-CM), or its
6successor, that substantially impairs a person's cognitive,
7emotional, or behavioral functioning, or any combination of
8those, excluding (i) conditions that may be the focus of
9clinical attention but are not of sufficient duration or
10severity to be categorized as a mental illness, such as
11parent-child relational problems, partner-relational problems,
12sexual abuse of a child, bereavement, academic problems,
13phase-of-life problems, and occupational problems
14(collectively, "V codes"), (ii) organic disorders such as
15substance intoxication dementia, substance withdrawal
16dementia, Alzheimer's disease, vascular dementia, dementia due
17to HIV infection, and dementia due to Creutzfeld-Jakob disease
18and disorders associated with known or unknown physical
19conditions such as hallucinosis, amnestic disorders and
20delirium, and psychoactive substance-induced organic
21disorders, and (iii) an intellectual disability mental
22retardation or psychoactive substance use disorders.
23    "Intellectual disability Mental retardation" means
24significantly sub-average general intellectual functioning
25existing concurrently with deficits in adaptive behavior and
26manifested before the age of 22 years.

 

 

HB2976 Engrossed- 66 -LRB097 06385 KTG 46467 b

1    "Physical disability" means a disability as defined by the
2Americans with Disabilities Act of 1990 that meets the
3following criteria:
4        (1) It is attributable to a physical impairment.
5        (2) It results in a substantial functional limitation
6    in any of the following areas of major life activity: (i)
7    self-care, (ii) receptive and expressive language, (iii)
8    learning, (iv) mobility, (v) self-direction, (vi) capacity
9    for independent living, and (vii) economic sufficiency.
10        (3) It reflects the person's need for a combination and
11    sequence of special, interdisciplinary, or general care,
12    treatment, or other services that are of lifelong or of
13    extended duration and must be individually planned and
14    coordinated.
15    (b) In this Act:
16    "Chronological age-appropriate services" means services,
17activities, and strategies for persons with disabilities that
18are representative of the lifestyle activities of nondisabled
19peers of similar age in the community.
20    "Comprehensive evaluation" means procedures used by
21qualified professionals selectively with an individual to
22determine whether a person has a disability and the nature and
23extent of the services that the person with a disability needs.
24    "Department" means the Department on Aging, the Department
25of Human Services, the Department of Public Health, the
26Department of Public Aid (now Department Healthcare and Family

 

 

HB2976 Engrossed- 67 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 68 -LRB097 06385 KTG 46467 b

1specific services; (iii) participation in the development of a
2comprehensive individual service or treatment plan; (iv)
3referral to and linkage with needed services and supports; (v)
4monitoring to ensure the delivery of appropriate services and
5to determine individual progress in meeting goals and
6objectives; and (vi) advocacy to assist the person in obtaining
7all services for which he or she is eligible or entitled.
8    "Individual service or treatment plan" means a recorded
9assessment of the needs of a person with a disability, a
10description of the services recommended, the goals of each type
11of element of service, an anticipated timetable for the
12accomplishment of the goals, and a designation of the qualified
13professionals responsible for the implementation of the plan.
14    "Least restrictive environment" means an environment that
15represents the least departure from the normal patterns of
16living and that effectively meets the needs of the person
17receiving the service.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (20 ILCS 2407/52)
20    Sec. 52. Applicability; definitions. In accordance with
21Section 6071 of the Deficit Reduction Act of 2005 (P.L.
22109-171), as used in this Article:
23    "Departments". The term "Departments" means for the
24purposes of this Act, the Department of Human Services, the
25Department on Aging, Department of Healthcare and Family

 

 

HB2976 Engrossed- 69 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 70 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 71 -LRB097 06385 KTG 46467 b

1for the individual that are planned and purchased under the
2direction and control of the individual or the individual's
3authorized representative, including the amount, duration,
4scope, provider, and location of such services, under the State
5Medicaid program consistent with the following requirements:
6        (a) Assessment: there is an assessment of the needs,
7    capabilities, and preference of the individual with
8    respect to such services.
9        (b) Individual service care or treatment plan: based on
10    the assessment, there is development jointly with such
11    individual or individual's authorized representative, a
12    plan for such services for the individual that (i)
13    specifies those services, if any, that the individual or
14    the individual's authorized representative would be
15    responsible for directing; (ii) identifies the methods by
16    which the individual or the individual's authorized
17    representative or an agency designated by an individual or
18    representative will select, manage, and dismiss providers
19    of such services.
20(Source: P.A. 95-438, eff. 1-1-08; 96-339, eff. 7-1-10.)
 
21    Section 26. The Abuse of Adults with Disabilities
22Intervention Act is amended by changing Section 15 as follows:
 
23    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
24    Sec. 15. Definitions. As used in this Act:

 

 

HB2976 Engrossed- 72 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 73 -LRB097 06385 KTG 46467 b

1not:
2        (1) A licensed facility as defined in Section 1-113 of
3    the Nursing Home Care Act or Section 1-113 of the ID/DD
4    MR/DD Community Care Act.
5        (2) A life care facility as defined in the Life Care
6    Facilities Act.
7        (3) A home, institution, or other place operated by the
8    federal government, a federal agency, or the State.
9        (4) A hospital, sanitarium, or other institution, the
10    principal activity or business of which is the diagnosis,
11    care, and treatment of human illness through the
12    maintenance and operation of organized facilities and that
13    is required to be licensed under the Hospital Licensing
14    Act.
15        (5) A community living facility as defined in the
16    Community Living Facilities Licensing Act.
17        (6) A community-integrated living arrangement as
18    defined in the Community-Integrated Living Arrangements
19    Licensure and Certification Act or community residential
20    alternative as licensed under that Act.
21    "Emergency" means a situation in which an adult with
22disabilities is in danger of death or great bodily harm.
23    "Exploitation" means the illegal, including tortious, use
24of the assets or resources of an adult with disabilities.
25Exploitation includes, but is not limited to, the
26misappropriation of assets or resources of an adult with

 

 

HB2976 Engrossed- 74 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 75 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 76 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 77 -LRB097 06385 KTG 46467 b

1buildings, structures or other improvements, machinery and
2equipment, whether now existing or hereafter acquired, and
3whether or not located on the same site or sites; (ii) all
4appurtenances and facilities incidental to the foregoing,
5including, but not limited to utilities, access roads, railroad
6sidings, track, docking and similar facilities, parking
7facilities, dockage, wharfage, railroad roadbed, track,
8trestle, depot, terminal, switching and signaling or related
9equipment, site preparation and landscaping; and (iii) all
10non-capital costs and expenses relating thereto or (2) any
11addition to, renovation, rehabilitation or improvement of a
12capital project or (3) any activity or undertaking which the
13Authority determines will aid, assist or encourage economic
14growth, development or redevelopment within the State or any
15area thereof, will promote the expansion, retention or
16diversification of employment opportunities within the State
17or any area thereof or will aid in stabilizing or developing
18any industry or economic sector of the State economy. The term
19"industrial project" also means the production of motion
20pictures.
21    (e) The term "bond" or "bonds" shall include bonds, notes
22(including bond, grant or revenue anticipation notes),
23certificates and/or other evidences of indebtedness
24representing an obligation to pay money, including refunding
25bonds.
26    (f) The terms "lease agreement" and "loan agreement" shall

 

 

HB2976 Engrossed- 78 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 79 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 80 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 81 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 82 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 83 -LRB097 06385 KTG 46467 b

1leasehold interests, appurtenances, buildings, easements,
2equipment, furnishings, furniture, improvements, machinery,
3rights of way, structures, accounts, contract rights or any
4interest therein.
5    (o) The term "revenues" means, with respect to any project,
6the rents, fees, charges, interest, principal repayments,
7collections and other income or profit derived therefrom.
8    (p) The term "higher education project" means, in the case
9of a private institution of higher education, an educational
10facility to be acquired, constructed, enlarged, remodeled,
11renovated, improved, furnished, or equipped, or any
12combination thereof.
13    (q) The term "cultural institution project" means, in the
14case of a cultural institution, a cultural facility to be
15acquired, constructed, enlarged, remodeled, renovated,
16improved, furnished, or equipped, or any combination thereof.
17    (r) The term "educational facility" means any property
18located within the State, or any property located outside the
19State, provided that, if the property is located outside the
20State, it must be owned, operated, leased or managed by an
21entity located within the State or an entity affiliated with an
22entity located within the State, in each case constructed or
23acquired before or after the effective date of this Act, which
24is or will be, in whole or in part, suitable for the
25instruction, feeding, recreation or housing of students, the
26conducting of research or other work of a private institution

 

 

HB2976 Engrossed- 84 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 85 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 86 -LRB097 06385 KTG 46467 b

1    than a 2-year program which is acceptable for full credit
2    toward such a degree, or offers a 2-year program in
3    engineering, mathematics, or the physical or biological
4    sciences which is designed to prepare the student to work
5    as a technician and at a semiprofessional level in
6    engineering, scientific, or other technological fields
7    which require the understanding and application of basic
8    engineering, scientific, or mathematical principles or
9    knowledge;
10        (3) Is accredited by a nationally recognized
11    accrediting agency or association or, if not so accredited,
12    is an institution whose credits are accepted, on transfer,
13    by not less than 3 institutions which are so accredited,
14    for credit on the same basis as if transferred from an
15    institution so accredited, and holds an unrevoked
16    certificate of approval under the Private College Act from
17    the Board of Higher Education, or is qualified as a "degree
18    granting institution" under the Academic Degree Act; and
19        (4) Does not discriminate in the admission of students
20    on the basis of race or color. "Private institution of
21    higher education" also includes any "academic
22    institution".
23    (u) The term "academic institution" means any
24not-for-profit institution which is not owned by the State or
25any political subdivision, agency, instrumentality, district
26or municipality thereof, which institution engages in, or

 

 

HB2976 Engrossed- 87 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 88 -LRB097 06385 KTG 46467 b

1production of agricultural commodities (including, without
2limitation, the products of aquaculture, hydroponics and
3silviculture) or the treating, processing or storing of such
4agricultural commodities when such activities are customarily
5engaged in by farmers as a part of farming.
6    (y) The term "lender" with respect to financing of an
7agricultural facility or an agribusiness, means any federal or
8State chartered bank, Federal Land Bank, Production Credit
9Association, Bank for Cooperatives, federal or State chartered
10savings and loan association or building and loan association,
11Small Business Investment Company or any other institution
12qualified within this State to originate and service loans,
13including, but without limitation to, insurance companies,
14credit unions and mortgage loan companies. "Lender" also means
15a wholly owned subsidiary of a manufacturer, seller or
16distributor of goods or services that makes loans to businesses
17or individuals, commonly known as a "captive finance company".
18    (z) The term "agribusiness" means any sole proprietorship,
19limited partnership, co-partnership, joint venture,
20corporation or cooperative which operates or will operate a
21facility located within the State of Illinois that is related
22to the processing of agricultural commodities (including,
23without limitation, the products of aquaculture, hydroponics
24and silviculture) or the manufacturing, production or
25construction of agricultural buildings, structures, equipment,
26implements, and supplies, or any other facilities or processes

 

 

HB2976 Engrossed- 89 -LRB097 06385 KTG 46467 b

1used in agricultural production. Agribusiness includes but is
2not limited to the following:
3        (1) grain handling and processing, including grain
4    storage, drying, treatment, conditioning, mailing and
5    packaging;
6        (2) seed and feed grain development and processing;
7        (3) fruit and vegetable processing, including
8    preparation, canning and packaging;
9        (4) processing of livestock and livestock products,
10    dairy products, poultry and poultry products, fish or
11    apiarian products, including slaughter, shearing,
12    collecting, preparation, canning and packaging;
13        (5) fertilizer and agricultural chemical
14    manufacturing, processing, application and supplying;
15        (6) farm machinery, equipment and implement
16    manufacturing and supplying;
17        (7) manufacturing and supplying of agricultural
18    commodity processing machinery and equipment, including
19    machinery and equipment used in slaughter, treatment,
20    handling, collecting, preparation, canning or packaging of
21    agricultural commodities;
22        (8) farm building and farm structure manufacturing,
23    construction and supplying;
24        (9) construction, manufacturing, implementation,
25    supplying or servicing of irrigation, drainage and soil and
26    water conservation devices or equipment;

 

 

HB2976 Engrossed- 90 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 91 -LRB097 06385 KTG 46467 b

1not be limited to the following: accounts payable; notes or
2other indebtedness owed to any source; taxes; rent; amounts
3owed on real estate contracts or real estate mortgages;
4judgments; accrued interest payable; and any other liability.
5    (cc) The term "Predecessor Authorities" means those
6authorities as described in Section 845-75.
7    (dd) The term "housing project" means a specific work or
8improvement undertaken to provide residential dwelling
9accommodations, including the acquisition, construction or
10rehabilitation of lands, buildings and community facilities
11and in connection therewith to provide nonhousing facilities
12which are part of the housing project, including land,
13buildings, improvements, equipment and all ancillary
14facilities for use for offices, stores, retirement homes,
15hotels, financial institutions, service, health care,
16education, recreation or research establishments, or any other
17commercial purpose which are or are to be related to a housing
18development.
19    (ee) The term "conservation project" means any project
20including the acquisition, construction, rehabilitation,
21maintenance, operation, or upgrade that is intended to create
22or expand open space or to reduce energy usage through
23efficiency measures. For the purpose of this definition, "open
24space" has the definition set forth under Section 10 of the
25Illinois Open Land Trust Act.
26    (ff) The term "significant presence" means the existence

 

 

HB2976 Engrossed- 92 -LRB097 06385 KTG 46467 b

1within the State of the national or regional headquarters of an
2entity or group or such other facility of an entity or group of
3entities where a significant amount of the business functions
4are performed for such entity or group of entities.
5(Source: P.A. 95-697, eff. 11-6-07; 96-339, eff. 7-1-10;
696-1021, eff. 7-12-10.)
 
7    Section 29. The Illinois Health Facilities Planning Act is
8amended by changing Sections 3, 12, 13, and 14.1 as follows:
 
9    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
10    (Section scheduled to be repealed on December 31, 2019)
11    Sec. 3. Definitions. As used in this Act:
12    "Health care facilities" means and includes the following
13facilities and organizations:
14        1. An ambulatory surgical treatment center required to
15    be licensed pursuant to the Ambulatory Surgical Treatment
16    Center Act;
17        2. An institution, place, building, or agency required
18    to be licensed pursuant to the Hospital Licensing Act;
19        3. Skilled and intermediate long term care facilities
20    licensed under the Nursing Home Care Act;
21        3.5. Skilled and intermediate care facilities licensed
22    under the ID/DD MR/DD Community Care Act;
23        4. Hospitals, nursing homes, ambulatory surgical
24    treatment centers, or kidney disease treatment centers

 

 

HB2976 Engrossed- 93 -LRB097 06385 KTG 46467 b

1    maintained by the State or any department or agency
2    thereof;
3        5. Kidney disease treatment centers, including a
4    free-standing hemodialysis unit required to be licensed
5    under the End Stage Renal Disease Facility Act;
6        6. An institution, place, building, or room used for
7    the performance of outpatient surgical procedures that is
8    leased, owned, or operated by or on behalf of an
9    out-of-state facility;
10        7. An institution, place, building, or room used for
11    provision of a health care category of service as defined
12    by the Board, including, but not limited to, cardiac
13    catheterization and open heart surgery; and
14        8. An institution, place, building, or room used for
15    provision of major medical equipment used in the direct
16    clinical diagnosis or treatment of patients, and whose
17    project cost is in excess of the capital expenditure
18    minimum.
19    This Act shall not apply to the construction of any new
20facility or the renovation of any existing facility located on
21any campus facility as defined in Section 5-5.8b of the
22Illinois Public Aid Code, provided that the campus facility
23encompasses 30 or more contiguous acres and that the new or
24renovated facility is intended for use by a licensed
25residential facility.
26    No federally owned facility shall be subject to the

 

 

HB2976 Engrossed- 94 -LRB097 06385 KTG 46467 b

1provisions of this Act, nor facilities used solely for healing
2by prayer or spiritual means.
3    No facility licensed under the Supportive Residences
4Licensing Act or the Assisted Living and Shared Housing Act
5shall be subject to the provisions of this Act.
6    No facility established and operating under the
7Alternative Health Care Delivery Act as a children's respite
8care center alternative health care model demonstration
9program or as an Alzheimer's Disease Management Center
10alternative health care model demonstration program shall be
11subject to the provisions of this Act.
12    A facility designated as a supportive living facility that
13is in good standing with the program established under Section
145-5.01a of the Illinois Public Aid Code shall not be subject to
15the provisions of this Act.
16    This Act does not apply to facilities granted waivers under
17Section 3-102.2 of the Nursing Home Care Act. However, if a
18demonstration project under that Act applies for a certificate
19of need to convert to a nursing facility, it shall meet the
20licensure and certificate of need requirements in effect as of
21the date of application.
22    This Act does not apply to a dialysis facility that
23provides only dialysis training, support, and related services
24to individuals with end stage renal disease who have elected to
25receive home dialysis. This Act does not apply to a dialysis
26unit located in a licensed nursing home that offers or provides

 

 

HB2976 Engrossed- 95 -LRB097 06385 KTG 46467 b

1dialysis-related services to residents with end stage renal
2disease who have elected to receive home dialysis within the
3nursing home. The Board, however, may require these dialysis
4facilities and licensed nursing homes to report statistical
5information on a quarterly basis to the Board to be used by the
6Board to conduct analyses on the need for proposed kidney
7disease treatment centers.
8    This Act shall not apply to the closure of an entity or a
9portion of an entity licensed under the Nursing Home Care Act
10or the ID/DD MR/DD Community Care Act, with the exceptions of
11facilities operated by a county or Illinois Veterans Homes,
12that elects to convert, in whole or in part, to an assisted
13living or shared housing establishment licensed under the
14Assisted Living and Shared Housing Act.
15    This Act does not apply to any change of ownership of a
16healthcare facility that is licensed under the Nursing Home
17Care Act or the ID/DD MR/DD Community Care Act, with the
18exceptions of facilities operated by a county or Illinois
19Veterans Homes. Changes of ownership of facilities licensed
20under the Nursing Home Care Act must meet the requirements set
21forth in Sections 3-101 through 3-119 of the Nursing Home Care
22Act.
23    With the exception of those health care facilities
24specifically included in this Section, nothing in this Act
25shall be intended to include facilities operated as a part of
26the practice of a physician or other licensed health care

 

 

HB2976 Engrossed- 96 -LRB097 06385 KTG 46467 b

1professional, whether practicing in his individual capacity or
2within the legal structure of any partnership, medical or
3professional corporation, or unincorporated medical or
4professional group. Further, this Act shall not apply to
5physicians or other licensed health care professional's
6practices where such practices are carried out in a portion of
7a health care facility under contract with such health care
8facility by a physician or by other licensed health care
9professionals, whether practicing in his individual capacity
10or within the legal structure of any partnership, medical or
11professional corporation, or unincorporated medical or
12professional groups. This Act shall apply to construction or
13modification and to establishment by such health care facility
14of such contracted portion which is subject to facility
15licensing requirements, irrespective of the party responsible
16for such action or attendant financial obligation.
17    "Person" means any one or more natural persons, legal
18entities, governmental bodies other than federal, or any
19combination thereof.
20    "Consumer" means any person other than a person (a) whose
21major occupation currently involves or whose official capacity
22within the last 12 months has involved the providing,
23administering or financing of any type of health care facility,
24(b) who is engaged in health research or the teaching of
25health, (c) who has a material financial interest in any
26activity which involves the providing, administering or

 

 

HB2976 Engrossed- 97 -LRB097 06385 KTG 46467 b

1financing of any type of health care facility, or (d) who is or
2ever has been a member of the immediate family of the person
3defined by (a), (b), or (c).
4    "State Board" or "Board" means the Health Facilities and
5Services Review Board.
6    "Construction or modification" means the establishment,
7erection, building, alteration, reconstruction, modernization,
8improvement, extension, discontinuation, change of ownership,
9of or by a health care facility, or the purchase or acquisition
10by or through a health care facility of equipment or service
11for diagnostic or therapeutic purposes or for facility
12administration or operation, or any capital expenditure made by
13or on behalf of a health care facility which exceeds the
14capital expenditure minimum; however, any capital expenditure
15made by or on behalf of a health care facility for (i) the
16construction or modification of a facility licensed under the
17Assisted Living and Shared Housing Act or (ii) a conversion
18project undertaken in accordance with Section 30 of the Older
19Adult Services Act shall be excluded from any obligations under
20this Act.
21    "Establish" means the construction of a health care
22facility or the replacement of an existing facility on another
23site or the initiation of a category of service as defined by
24the Board.
25    "Major medical equipment" means medical equipment which is
26used for the provision of medical and other health services and

 

 

HB2976 Engrossed- 98 -LRB097 06385 KTG 46467 b

1which costs in excess of the capital expenditure minimum,
2except that such term does not include medical equipment
3acquired by or on behalf of a clinical laboratory to provide
4clinical laboratory services if the clinical laboratory is
5independent of a physician's office and a hospital and it has
6been determined under Title XVIII of the Social Security Act to
7meet the requirements of paragraphs (10) and (11) of Section
81861(s) of such Act. In determining whether medical equipment
9has a value in excess of the capital expenditure minimum, the
10value of studies, surveys, designs, plans, working drawings,
11specifications, and other activities essential to the
12acquisition of such equipment shall be included.
13    "Capital Expenditure" means an expenditure: (A) made by or
14on behalf of a health care facility (as such a facility is
15defined in this Act); and (B) which under generally accepted
16accounting principles is not properly chargeable as an expense
17of operation and maintenance, or is made to obtain by lease or
18comparable arrangement any facility or part thereof or any
19equipment for a facility or part; and which exceeds the capital
20expenditure minimum.
21    For the purpose of this paragraph, the cost of any studies,
22surveys, designs, plans, working drawings, specifications, and
23other activities essential to the acquisition, improvement,
24expansion, or replacement of any plant or equipment with
25respect to which an expenditure is made shall be included in
26determining if such expenditure exceeds the capital

 

 

HB2976 Engrossed- 99 -LRB097 06385 KTG 46467 b

1expenditures minimum. Unless otherwise interdependent, or
2submitted as one project by the applicant, components of
3construction or modification undertaken by means of a single
4construction contract or financed through the issuance of a
5single debt instrument shall not be grouped together as one
6project. Donations of equipment or facilities to a health care
7facility which if acquired directly by such facility would be
8subject to review under this Act shall be considered capital
9expenditures, and a transfer of equipment or facilities for
10less than fair market value shall be considered a capital
11expenditure for purposes of this Act if a transfer of the
12equipment or facilities at fair market value would be subject
13to review.
14    "Capital expenditure minimum" means $11,500,000 for
15projects by hospital applicants, $6,500,000 for applicants for
16projects related to skilled and intermediate care long-term
17care facilities licensed under the Nursing Home Care Act, and
18$3,000,000 for projects by all other applicants, which shall be
19annually adjusted to reflect the increase in construction costs
20due to inflation, for major medical equipment and for all other
21capital expenditures.
22    "Non-clinical service area" means an area (i) for the
23benefit of the patients, visitors, staff, or employees of a
24health care facility and (ii) not directly related to the
25diagnosis, treatment, or rehabilitation of persons receiving
26services from the health care facility. "Non-clinical service

 

 

HB2976 Engrossed- 100 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 101 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 102 -LRB097 06385 KTG 46467 b

1change in the person who has ownership or control of a health
2care facility's physical plant and capital assets. A change in
3ownership is indicated by the following transactions: sale,
4transfer, acquisition, lease, change of sponsorship, or other
5means of transferring control.
6    "Related person" means any person that: (i) is at least 50%
7owned, directly or indirectly, by either the health care
8facility or a person owning, directly or indirectly, at least
950% of the health care facility; or (ii) owns, directly or
10indirectly, at least 50% of the health care facility.
11    "Charity care" means care provided by a health care
12facility for which the provider does not expect to receive
13payment from the patient or a third-party payer.
14    "Freestanding emergency center" means a facility subject
15to licensure under Section 32.5 of the Emergency Medical
16Services (EMS) Systems Act.
17(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
1895-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
198-21-08; 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; 96-1000,
20eff. 7-2-10.)
 
21    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
22    (Section scheduled to be repealed on December 31, 2019)
23    Sec. 12. Powers and duties of State Board. For purposes of
24this Act, the State Board shall exercise the following powers
25and duties:

 

 

HB2976 Engrossed- 103 -LRB097 06385 KTG 46467 b

1    (1) Prescribe rules, regulations, standards, criteria,
2procedures or reviews which may vary according to the purpose
3for which a particular review is being conducted or the type of
4project reviewed and which are required to carry out the
5provisions and purposes of this Act. Policies and procedures of
6the State Board shall take into consideration the priorities
7and needs of medically underserved areas and other health care
8services identified through the comprehensive health planning
9process, giving special consideration to the impact of projects
10on access to safety net services.
11    (2) Adopt procedures for public notice and hearing on all
12proposed rules, regulations, standards, criteria, and plans
13required to carry out the provisions of this Act.
14    (3) (Blank).
15    (4) Develop criteria and standards for health care
16facilities planning, conduct statewide inventories of health
17care facilities, maintain an updated inventory on the Board's
18web site reflecting the most recent bed and service changes and
19updated need determinations when new census data become
20available or new need formulae are adopted, and develop health
21care facility plans which shall be utilized in the review of
22applications for permit under this Act. Such health facility
23plans shall be coordinated by the Board with pertinent State
24Plans. Inventories pursuant to this Section of skilled or
25intermediate care facilities licensed under the Nursing Home
26Care Act, skilled or intermediate care facilities licensed

 

 

HB2976 Engrossed- 104 -LRB097 06385 KTG 46467 b

1under the ID/DD MR/DD Community Care Act, or nursing homes
2licensed under the Hospital Licensing Act shall be conducted on
3an annual basis no later than July 1 of each year and shall
4include among the information requested a list of all services
5provided by a facility to its residents and to the community at
6large and differentiate between active and inactive beds.
7    In developing health care facility plans, the State Board
8shall consider, but shall not be limited to, the following:
9        (a) The size, composition and growth of the population
10    of the area to be served;
11        (b) The number of existing and planned facilities
12    offering similar programs;
13        (c) The extent of utilization of existing facilities;
14        (d) The availability of facilities which may serve as
15    alternatives or substitutes;
16        (e) The availability of personnel necessary to the
17    operation of the facility;
18        (f) Multi-institutional planning and the establishment
19    of multi-institutional systems where feasible;
20        (g) The financial and economic feasibility of proposed
21    construction or modification; and
22        (h) In the case of health care facilities established
23    by a religious body or denomination, the needs of the
24    members of such religious body or denomination may be
25    considered to be public need.
26    The health care facility plans which are developed and

 

 

HB2976 Engrossed- 105 -LRB097 06385 KTG 46467 b

1adopted in accordance with this Section shall form the basis
2for the plan of the State to deal most effectively with
3statewide health needs in regard to health care facilities.
4    (5) Coordinate with the Center for Comprehensive Health
5Planning and other state agencies having responsibilities
6affecting health care facilities, including those of licensure
7and cost reporting.
8    (6) Solicit, accept, hold and administer on behalf of the
9State any grants or bequests of money, securities or property
10for use by the State Board or Center for Comprehensive Health
11Planning in the administration of this Act; and enter into
12contracts consistent with the appropriations for purposes
13enumerated in this Act.
14    (7) The State Board shall prescribe procedures for review,
15standards, and criteria which shall be utilized to make
16periodic reviews and determinations of the appropriateness of
17any existing health services being rendered by health care
18facilities subject to the Act. The State Board shall consider
19recommendations of the Board in making its determinations.
20    (8) Prescribe, in consultation with the Center for
21Comprehensive Health Planning, rules, regulations, standards,
22and criteria for the conduct of an expeditious review of
23applications for permits for projects of construction or
24modification of a health care facility, which projects are
25classified as emergency, substantive, or non-substantive in
26nature.

 

 

HB2976 Engrossed- 106 -LRB097 06385 KTG 46467 b

1    Six months after June 30, 2009 (the effective date of
2Public Act 96-31), substantive projects shall include no more
3than the following:
4        (a) Projects to construct (1) a new or replacement
5    facility located on a new site or (2) a replacement
6    facility located on the same site as the original facility
7    and the cost of the replacement facility exceeds the
8    capital expenditure minimum;
9        (b) Projects proposing a (1) new service or (2)
10    discontinuation of a service, which shall be reviewed by
11    the Board within 60 days; or
12        (c) Projects proposing a change in the bed capacity of
13    a health care facility by an increase in the total number
14    of beds or by a redistribution of beds among various
15    categories of service or by a relocation of beds from one
16    physical facility or site to another by more than 20 beds
17    or more than 10% of total bed capacity, as defined by the
18    State Board, whichever is less, over a 2-year period.
19    The Chairman may approve applications for exemption that
20meet the criteria set forth in rules or refer them to the full
21Board. The Chairman may approve any unopposed application that
22meets all of the review criteria or refer them to the full
23Board.
24    Such rules shall not abridge the right of the Center for
25Comprehensive Health Planning to make recommendations on the
26classification and approval of projects, nor shall such rules

 

 

HB2976 Engrossed- 107 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 108 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 109 -LRB097 06385 KTG 46467 b

1approaches to the current bed need formula and Health Service
2Area boundaries to encourage flexibility and innovation in
3design models reflective of the changing long-term care
4marketplace and consumer preferences. The Board shall file the
5proposed related administrative rules for the separate rules
6and guidelines for long-term care required by this paragraph
7(15) by September 1, 2010. The Subcommittee shall be provided a
8reasonable and timely opportunity to review and comment on any
9review, revision, or updating of the criteria, standards,
10procedures, and rules used to evaluate project applications as
11provided under Section 12.3 of this Act prior to approval by
12the Board and promulgation of related rules.
13(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1496-1000, eff. 7-2-10.)
 
15    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
16    (Section scheduled to be repealed on December 31, 2019)
17    Sec. 13. Investigation of applications for permits and
18certificates of recognition. The Agency or the State Board
19shall make or cause to be made such investigations as it or the
20State Board deems necessary in connection with an application
21for a permit or an application for a certificate of
22recognition, or in connection with a determination of whether
23or not construction or modification which has been commenced is
24in accord with the permit issued by the State Board or whether
25construction or modification has been commenced without a

 

 

HB2976 Engrossed- 110 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 111 -LRB097 06385 KTG 46467 b

1reported to licensing, accrediting, certifying, or payment
2agencies as being in violation of State law. Health care
3facilities and other parties at interest shall have reasonable
4access, under rules established by the State Board, to all
5planning information submitted in accord with this Act
6pertaining to their area.
7    Among the reports to be required by the State Board are
8facility questionnaires for health care facilities licensed
9under the Ambulatory Surgical Treatment Center Act, the
10Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
11MR/DD Community Care Act, or the End Stage Renal Disease
12Facility Act. These questionnaires shall be conducted on an
13annual basis and compiled by the Agency. For health care
14facilities licensed under the Nursing Home Care Act or the
15ID/DD MR/DD Community Care Act, these reports shall include,
16but not be limited to, the identification of specialty services
17provided by the facility to patients, residents, and the
18community at large. For health care facilities that contain
19long term care beds, the reports shall also include the number
20of staffed long term care beds, physical capacity for long term
21care beds at the facility, and long term care beds available
22for immediate occupancy. For purposes of this paragraph, "long
23term care beds" means beds (i) licensed under the Nursing Home
24Care Act, (ii) licensed under the ID/DD MR/DD Community Care
25Act, or (iii) licensed under the Hospital Licensing Act and
26certified as skilled nursing or nursing facility beds under

 

 

HB2976 Engrossed- 112 -LRB097 06385 KTG 46467 b

1Medicaid or Medicare.
2(Source: P.A. 96-339, eff. 7-1-10.)
 
3    (20 ILCS 3960/14.1)
4    Sec. 14.1. Denial of permit; other sanctions.
5    (a) The State Board may deny an application for a permit or
6may revoke or take other action as permitted by this Act with
7regard to a permit as the State Board deems appropriate,
8including the imposition of fines as set forth in this Section,
9for any one or a combination of the following:
10        (1) The acquisition of major medical equipment without
11    a permit or in violation of the terms of a permit.
12        (2) The establishment, construction, or modification
13    of a health care facility without a permit or in violation
14    of the terms of a permit.
15        (3) The violation of any provision of this Act or any
16    rule adopted under this Act.
17        (4) The failure, by any person subject to this Act, to
18    provide information requested by the State Board or Agency
19    within 30 days after a formal written request for the
20    information.
21        (5) The failure to pay any fine imposed under this
22    Section within 30 days of its imposition.
23    (a-5) For facilities licensed under the ID/DD MR/DD
24Community Care Act, no permit shall be denied on the basis of
25prior operator history, other than for actions specified under

 

 

HB2976 Engrossed- 113 -LRB097 06385 KTG 46467 b

1item (2), (4), or (5) of Section 3-117 of the ID/DD MR/DD
2Community Care Act. For facilities licensed under the Nursing
3Home Care Act, no permit shall be denied on the basis of prior
4operator history, other than for: (i) actions specified under
5item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
6Home Care Act; (ii) actions specified under item (a)(6) of
7Section 3-119 of the Nursing Home Care Act; or (iii) actions
8within the preceding 5 years constituting a substantial and
9repeated failure to comply with the Nursing Home Care Act or
10the rules and regulations adopted by the Department under that
11Act. The State Board shall not deny a permit on account of any
12action described in this subsection (a-5) without also
13considering all such actions in the light of all relevant
14information available to the State Board, including whether the
15permit is sought to substantially comply with a mandatory or
16voluntary plan of correction associated with any action
17described in this subsection (a-5).
18    (b) Persons shall be subject to fines as follows:
19        (1) A permit holder who fails to comply with the
20    requirements of maintaining a valid permit shall be fined
21    an amount not to exceed 1% of the approved permit amount
22    plus an additional 1% of the approved permit amount for
23    each 30-day period, or fraction thereof, that the violation
24    continues.
25        (2) A permit holder who alters the scope of an approved
26    project or whose project costs exceed the allowable permit

 

 

HB2976 Engrossed- 114 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 115 -LRB097 06385 KTG 46467 b

1    the exceptions of facilities operated by a county or
2    Illinois Veterans Homes, are exempt from this permit
3    requirement. However, facilities licensed under the
4    Nursing Home Care Act or the ID/DD MR/DD Community Care Act
5    must comply with Section 3-423 of the Nursing Home Care Act
6    or Section 3-423 of the ID/DD MR/DD Community Care Act and
7    must provide the Board with 30-days' written notice of its
8    intent to close.
9        (6) A person subject to this Act who fails to provide
10    information requested by the State Board or Agency within
11    30 days of a formal written request shall be fined an
12    amount not to exceed $1,000 plus an additional $1,000 for
13    each 30-day period, or fraction thereof, that the
14    information is not received by the State Board or Agency.
15    (c) Before imposing any fine authorized under this Section,
16the State Board shall afford the person or permit holder, as
17the case may be, an appearance before the State Board and an
18opportunity for a hearing before a hearing officer appointed by
19the State Board. The hearing shall be conducted in accordance
20with Section 10.
21    (d) All fines collected under this Act shall be transmitted
22to the State Treasurer, who shall deposit them into the
23Illinois Health Facilities Planning Fund.
24(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10;
2596-1372, eff. 7-29-10.)
 

 

 

HB2976 Engrossed- 116 -LRB097 06385 KTG 46467 b

1    Section 30. The State Finance Act is amended by changing
2Section 8.8 as follows:
 
3    (30 ILCS 105/8.8)  (from Ch. 127, par. 144.8)
4    Sec. 8.8. Appropriations for the improvement, development,
5addition or expansion of services for the care, treatment, and
6training of persons who are intellectually disabled mentally
7retarded or subject to involuntary admission under the Mental
8Health and Developmental Disabilities Code or for the financing
9of any program designed to provide such improvement,
10development, addition or expansion of services or for expenses
11incurred in administering the provisions of Sections 5-105 to
125-115, inclusive, of the Mental Health and Developmental
13Disabilities Code, or other ordinary and contingent expenses of
14the Department of Human Services relating to mental health and
15developmental disabilities, are payable from the Mental Health
16Fund. However, no expenditures shall be made for the purchase,
17construction, lease, or rental of buildings for use as
18State-operated mental health or developmental disability
19facilities.
20(Source: P.A. 96-959, eff. 7-1-10.)
 
21    Section 35. The Business Enterprise for Minorities,
22Females, and Persons with Disabilities Act is amended by
23changing Section 2 as follows:
 

 

 

HB2976 Engrossed- 117 -LRB097 06385 KTG 46467 b

1    (30 ILCS 575/2)
2    (Section scheduled to be repealed on June 30, 2012)
3    Sec. 2. Definitions.
4    (A) For the purpose of this Act, the following terms shall
5have the following definitions:
6    (1) "Minority person" shall mean a person who is a citizen
7or lawful permanent resident of the United States and who is:
8        (a) African American (a person having origins in any of
9    the black racial groups in Africa);
10        (b) Hispanic (a person of Spanish or Portuguese culture
11    with origins in Mexico, South or Central America, or the
12    Caribbean Islands, regardless of race);
13        (c) Asian American (a person having origins in any of
14    the original peoples of the Far East, Southeast Asia, the
15    Indian Subcontinent or the Pacific Islands); or
16        (d) Native American or Alaskan Native (a person having
17    origins in any of the original peoples of North America).
18    (2) "Female" shall mean a person who is a citizen or lawful
19permanent resident of the United States and who is of the
20female gender.
21    (2.05) "Person with a disability" means a person who is a
22citizen or lawful resident of the United States and is a person
23qualifying as being disabled under subdivision (2.1) of this
24subsection (A).
25    (2.1) "Disabled" means a severe physical or mental
26disability that:

 

 

HB2976 Engrossed- 118 -LRB097 06385 KTG 46467 b

1    (a) results from:
2    amputation,
3    arthritis,
4    autism,
5    blindness,
6    burn injury,
7    cancer,
8    cerebral palsy,
9    Crohn's disease,
10    cystic fibrosis,
11    deafness,
12    head injury,
13    heart disease,
14    hemiplegia,
15    hemophilia,
16    respiratory or pulmonary dysfunction,
17    an intellectual disability mental retardation,
18    mental illness,
19    multiple sclerosis,
20    muscular dystrophy,
21    musculoskeletal disorders,
22    neurological disorders, including stroke and epilepsy,
23    paraplegia,
24    quadriplegia and other spinal cord conditions,
25    sickle cell anemia,
26    ulcerative colitis,

 

 

HB2976 Engrossed- 119 -LRB097 06385 KTG 46467 b

1    specific learning disabilities, or
2    end stage renal failure disease; and
3    (b) substantially limits one or more of the person's major
4life activities.
5    Another disability or combination of disabilities may also
6be considered as a severe disability for the purposes of item
7(a) of this subdivision (2.1) if it is determined by an
8evaluation of rehabilitation potential to cause a comparable
9degree of substantial functional limitation similar to the
10specific list of disabilities listed in item (a) of this
11subdivision (2.1).
12    (3) "Minority owned business" means a business concern
13which is at least 51% owned by one or more minority persons, or
14in the case of a corporation, at least 51% of the stock in
15which is owned by one or more minority persons; and the
16management and daily business operations of which are
17controlled by one or more of the minority individuals who own
18it.
19    (4) "Female owned business" means a business concern which
20is at least 51% owned by one or more females, or, in the case of
21a corporation, at least 51% of the stock in which is owned by
22one or more females; and the management and daily business
23operations of which are controlled by one or more of the
24females who own it.
25    (4.1) "Business owned by a person with a disability" means
26a business concern that is at least 51% owned by one or more

 

 

HB2976 Engrossed- 120 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 121 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 122 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 123 -LRB097 06385 KTG 46467 b

1least a 51% interest, the ownership requirement for purposes of
2this Act is considered to be met. The certification category
3for the business is that of the class holding the largest
4ownership interest in the business. If 2 or more classes have
5equal ownership interests, the certification category shall be
6determined by the business concern.
7(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09;
896-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for effective
9date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10.)
 
10    Section 36. The Illinois Income Tax Act is amended by
11changing Section 806 as follows:
 
12    (35 ILCS 5/806)
13    Sec. 806. Exemption from penalty. An individual taxpayer
14shall not be subject to a penalty for failing to pay estimated
15tax as required by Section 803 if the taxpayer is 65 years of
16age or older and is a permanent resident of a nursing home. For
17purposes of this Section, "nursing home" means a skilled
18nursing or intermediate long term care facility that is subject
19to licensure by the Illinois Department of Public Health under
20the Nursing Home Care Act or the ID/DD MR/DD Community Care
21Act.
22(Source: P.A. 96-339, eff. 7-1-10.)
 
23    Section 37. The Use Tax Act is amended by changing Section

 

 

HB2976 Engrossed- 124 -LRB097 06385 KTG 46467 b

13-5 as follows:
 
2    (35 ILCS 105/3-5)
3    Sec. 3-5. Exemptions. Use of the following tangible
4personal property is exempt from the tax imposed by this Act:
5    (1) Personal property purchased from a corporation,
6society, association, foundation, institution, or
7organization, other than a limited liability company, that is
8organized and operated as a not-for-profit service enterprise
9for the benefit of persons 65 years of age or older if the
10personal property was not purchased by the enterprise for the
11purpose of resale by the enterprise.
12    (2) Personal property purchased by a not-for-profit
13Illinois county fair association for use in conducting,
14operating, or promoting the county fair.
15    (3) Personal property purchased by a not-for-profit arts or
16cultural organization that establishes, by proof required by
17the Department by rule, that it has received an exemption under
18Section 501(c)(3) of the Internal Revenue Code and that is
19organized and operated primarily for the presentation or
20support of arts or cultural programming, activities, or
21services. These organizations include, but are not limited to,
22music and dramatic arts organizations such as symphony
23orchestras and theatrical groups, arts and cultural service
24organizations, local arts councils, visual arts organizations,
25and media arts organizations. On and after the effective date

 

 

HB2976 Engrossed- 125 -LRB097 06385 KTG 46467 b

1of this amendatory Act of the 92nd General Assembly, however,
2an entity otherwise eligible for this exemption shall not make
3tax-free purchases unless it has an active identification
4number issued by the Department.
5    (4) Personal property purchased by a governmental body, by
6a corporation, society, association, foundation, or
7institution organized and operated exclusively for charitable,
8religious, or educational purposes, or by a not-for-profit
9corporation, society, association, foundation, institution, or
10organization that has no compensated officers or employees and
11that is organized and operated primarily for the recreation of
12persons 55 years of age or older. A limited liability company
13may qualify for the exemption under this paragraph only if the
14limited liability company is organized and operated
15exclusively for educational purposes. On and after July 1,
161987, however, no entity otherwise eligible for this exemption
17shall make tax-free purchases unless it has an active exemption
18identification number issued by the Department.
19    (5) Until July 1, 2003, a passenger car that is a
20replacement vehicle to the extent that the purchase price of
21the car is subject to the Replacement Vehicle Tax.
22    (6) Until July 1, 2003 and beginning again on September 1,
232004 through August 30, 2014, graphic arts machinery and
24equipment, including repair and replacement parts, both new and
25used, and including that manufactured on special order,
26certified by the purchaser to be used primarily for graphic

 

 

HB2976 Engrossed- 126 -LRB097 06385 KTG 46467 b

1arts production, and including machinery and equipment
2purchased for lease. Equipment includes chemicals or chemicals
3acting as catalysts but only if the chemicals or chemicals
4acting as catalysts effect a direct and immediate change upon a
5graphic arts product.
6    (7) Farm chemicals.
7    (8) Legal tender, currency, medallions, or gold or silver
8coinage issued by the State of Illinois, the government of the
9United States of America, or the government of any foreign
10country, and bullion.
11    (9) Personal property purchased from a teacher-sponsored
12student organization affiliated with an elementary or
13secondary school located in Illinois.
14    (10) A motor vehicle of the first division, a motor vehicle
15of the second division that is a self-contained motor vehicle
16designed or permanently converted to provide living quarters
17for recreational, camping, or travel use, with direct walk
18through to the living quarters from the driver's seat, or a
19motor vehicle of the second division that is of the van
20configuration designed for the transportation of not less than
217 nor more than 16 passengers, as defined in Section 1-146 of
22the Illinois Vehicle Code, that is used for automobile renting,
23as defined in the Automobile Renting Occupation and Use Tax
24Act.
25    (11) Farm machinery and equipment, both new and used,
26including that manufactured on special order, certified by the

 

 

HB2976 Engrossed- 127 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 128 -LRB097 06385 KTG 46467 b

1sensors, software, and related equipment used primarily in the
2computer-assisted operation of production agriculture
3facilities, equipment, and activities such as, but not limited
4to, the collection, monitoring, and correlation of animal and
5crop data for the purpose of formulating animal diets and
6agricultural chemicals. This item (11) is exempt from the
7provisions of Section 3-90.
8    (12) Fuel and petroleum products sold to or used by an air
9common carrier, certified by the carrier to be used for
10consumption, shipment, or storage in the conduct of its
11business as an air common carrier, for a flight destined for or
12returning from a location or locations outside the United
13States without regard to previous or subsequent domestic
14stopovers.
15    (13) Proceeds of mandatory service charges separately
16stated on customers' bills for the purchase and consumption of
17food and beverages purchased at retail from a retailer, to the
18extent that the proceeds of the service charge are in fact
19turned over as tips or as a substitute for tips to the
20employees who participate directly in preparing, serving,
21hosting or cleaning up the food or beverage function with
22respect to which the service charge is imposed.
23    (14) Until July 1, 2003, oil field exploration, drilling,
24and production equipment, including (i) rigs and parts of rigs,
25rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
26tubular goods, including casing and drill strings, (iii) pumps

 

 

HB2976 Engrossed- 129 -LRB097 06385 KTG 46467 b

1and pump-jack units, (iv) storage tanks and flow lines, (v) any
2individual replacement part for oil field exploration,
3drilling, and production equipment, and (vi) machinery and
4equipment purchased for lease; but excluding motor vehicles
5required to be registered under the Illinois Vehicle Code.
6    (15) Photoprocessing machinery and equipment, including
7repair and replacement parts, both new and used, including that
8manufactured on special order, certified by the purchaser to be
9used primarily for photoprocessing, and including
10photoprocessing machinery and equipment purchased for lease.
11    (16) Until July 1, 2003, coal exploration, mining,
12offhighway hauling, processing, maintenance, and reclamation
13equipment, including replacement parts and equipment, and
14including equipment purchased for lease, but excluding motor
15vehicles required to be registered under the Illinois Vehicle
16Code.
17    (17) Until July 1, 2003, distillation machinery and
18equipment, sold as a unit or kit, assembled or installed by the
19retailer, certified by the user to be used only for the
20production of ethyl alcohol that will be used for consumption
21as motor fuel or as a component of motor fuel for the personal
22use of the user, and not subject to sale or resale.
23    (18) Manufacturing and assembling machinery and equipment
24used primarily in the process of manufacturing or assembling
25tangible personal property for wholesale or retail sale or
26lease, whether that sale or lease is made directly by the

 

 

HB2976 Engrossed- 130 -LRB097 06385 KTG 46467 b

1manufacturer or by some other person, whether the materials
2used in the process are owned by the manufacturer or some other
3person, or whether that sale or lease is made apart from or as
4an incident to the seller's engaging in the service occupation
5of producing machines, tools, dies, jigs, patterns, gauges, or
6other similar items of no commercial value on special order for
7a particular purchaser.
8    (19) Personal property delivered to a purchaser or
9purchaser's donee inside Illinois when the purchase order for
10that personal property was received by a florist located
11outside Illinois who has a florist located inside Illinois
12deliver the personal property.
13    (20) Semen used for artificial insemination of livestock
14for direct agricultural production.
15    (21) Horses, or interests in horses, registered with and
16meeting the requirements of any of the Arabian Horse Club
17Registry of America, Appaloosa Horse Club, American Quarter
18Horse Association, United States Trotting Association, or
19Jockey Club, as appropriate, used for purposes of breeding or
20racing for prizes. This item (21) is exempt from the provisions
21of Section 3-90, and the exemption provided for under this item
22(21) applies for all periods beginning May 30, 1995, but no
23claim for credit or refund is allowed on or after January 1,
242008 for such taxes paid during the period beginning May 30,
252000 and ending on January 1, 2008.
26    (22) Computers and communications equipment utilized for

 

 

HB2976 Engrossed- 131 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 132 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 133 -LRB097 06385 KTG 46467 b

1    (25) Beginning with taxable years ending on or after
2December 31, 1995 and ending with taxable years ending on or
3before December 31, 2004, personal property that is used in the
4performance of infrastructure repairs in this State, including
5but not limited to municipal roads and streets, access roads,
6bridges, sidewalks, waste disposal systems, water and sewer
7line extensions, water distribution and purification
8facilities, storm water drainage and retention facilities, and
9sewage treatment facilities, resulting from a State or
10federally declared disaster in Illinois or bordering Illinois
11when such repairs are initiated on facilities located in the
12declared disaster area within 6 months after the disaster.
13    (26) Beginning July 1, 1999, game or game birds purchased
14at a "game breeding and hunting preserve area" or an "exotic
15game hunting area" as those terms are used in the Wildlife Code
16or at a hunting enclosure approved through rules adopted by the
17Department of Natural Resources. This paragraph is exempt from
18the provisions of Section 3-90.
19    (27) A motor vehicle, as that term is defined in Section
201-146 of the Illinois Vehicle Code, that is donated to a
21corporation, limited liability company, society, association,
22foundation, or institution that is determined by the Department
23to be organized and operated exclusively for educational
24purposes. For purposes of this exemption, "a corporation,
25limited liability company, society, association, foundation,
26or institution organized and operated exclusively for

 

 

HB2976 Engrossed- 134 -LRB097 06385 KTG 46467 b

1educational purposes" means all tax-supported public schools,
2private schools that offer systematic instruction in useful
3branches of learning by methods common to public schools and
4that compare favorably in their scope and intensity with the
5course of study presented in tax-supported schools, and
6vocational or technical schools or institutes organized and
7operated exclusively to provide a course of study of not less
8than 6 weeks duration and designed to prepare individuals to
9follow a trade or to pursue a manual, technical, mechanical,
10industrial, business, or commercial occupation.
11    (28) Beginning January 1, 2000, personal property,
12including food, purchased through fundraising events for the
13benefit of a public or private elementary or secondary school,
14a group of those schools, or one or more school districts if
15the events are sponsored by an entity recognized by the school
16district that consists primarily of volunteers and includes
17parents and teachers of the school children. This paragraph
18does not apply to fundraising events (i) for the benefit of
19private home instruction or (ii) for which the fundraising
20entity purchases the personal property sold at the events from
21another individual or entity that sold the property for the
22purpose of resale by the fundraising entity and that profits
23from the sale to the fundraising entity. This paragraph is
24exempt from the provisions of Section 3-90.
25    (29) Beginning January 1, 2000 and through December 31,
262001, new or used automatic vending machines that prepare and

 

 

HB2976 Engrossed- 135 -LRB097 06385 KTG 46467 b

1serve hot food and beverages, including coffee, soup, and other
2items, and replacement parts for these machines. Beginning
3January 1, 2002 and through June 30, 2003, machines and parts
4for machines used in commercial, coin-operated amusement and
5vending business if a use or occupation tax is paid on the
6gross receipts derived from the use of the commercial,
7coin-operated amusement and vending machines. This paragraph
8is exempt from the provisions of Section 3-90.
9    (30) Beginning January 1, 2001 and through June 30, 2011,
10food for human consumption that is to be consumed off the
11premises where it is sold (other than alcoholic beverages, soft
12drinks, and food that has been prepared for immediate
13consumption) and prescription and nonprescription medicines,
14drugs, medical appliances, and insulin, urine testing
15materials, syringes, and needles used by diabetics, for human
16use, when purchased for use by a person receiving medical
17assistance under Article V of the Illinois Public Aid Code who
18resides in a licensed long-term care facility, as defined in
19the Nursing Home Care Act, or in a licensed facility as defined
20in the ID/DD MR/DD Community Care Act.
21    (31) Beginning on the effective date of this amendatory Act
22of the 92nd General Assembly, computers and communications
23equipment utilized for any hospital purpose and equipment used
24in the diagnosis, analysis, or treatment of hospital patients
25purchased by a lessor who leases the equipment, under a lease
26of one year or longer executed or in effect at the time the

 

 

HB2976 Engrossed- 136 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 137 -LRB097 06385 KTG 46467 b

1Section 1g of the Retailers' Occupation Tax Act. If the
2property is leased in a manner that does not qualify for this
3exemption or used in any other nonexempt manner, the lessor
4shall be liable for the tax imposed under this Act or the
5Service Use Tax Act, as the case may be, based on the fair
6market value of the property at the time the nonqualifying use
7occurs. No lessor shall collect or attempt to collect an amount
8(however designated) that purports to reimburse that lessor for
9the tax imposed by this Act or the Service Use Tax Act, as the
10case may be, if the tax has not been paid by the lessor. If a
11lessor improperly collects any such amount from the lessee, the
12lessee shall have a legal right to claim a refund of that
13amount from the lessor. If, however, that amount is not
14refunded to the lessee for any reason, the lessor is liable to
15pay that amount to the Department. This paragraph is exempt
16from the provisions of Section 3-90.
17    (33) On and after July 1, 2003 and through June 30, 2004,
18the use in this State of motor vehicles of the second division
19with a gross vehicle weight in excess of 8,000 pounds and that
20are subject to the commercial distribution fee imposed under
21Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
221, 2004 and through June 30, 2005, the use in this State of
23motor vehicles of the second division: (i) with a gross vehicle
24weight rating in excess of 8,000 pounds; (ii) that are subject
25to the commercial distribution fee imposed under Section
263-815.1 of the Illinois Vehicle Code; and (iii) that are

 

 

HB2976 Engrossed- 138 -LRB097 06385 KTG 46467 b

1primarily used for commercial purposes. Through June 30, 2005,
2this exemption applies to repair and replacement parts added
3after the initial purchase of such a motor vehicle if that
4motor vehicle is used in a manner that would qualify for the
5rolling stock exemption otherwise provided for in this Act. For
6purposes of this paragraph, the term "used for commercial
7purposes" means the transportation of persons or property in
8furtherance of any commercial or industrial enterprise,
9whether for-hire or not.
10    (34) Beginning January 1, 2008, tangible personal property
11used in the construction or maintenance of a community water
12supply, as defined under Section 3.145 of the Environmental
13Protection Act, that is operated by a not-for-profit
14corporation that holds a valid water supply permit issued under
15Title IV of the Environmental Protection Act. This paragraph is
16exempt from the provisions of Section 3-90.
17    (35) Beginning January 1, 2010, materials, parts,
18equipment, components, and furnishings incorporated into or
19upon an aircraft as part of the modification, refurbishment,
20completion, replacement, repair, or maintenance of the
21aircraft. This exemption includes consumable supplies used in
22the modification, refurbishment, completion, replacement,
23repair, and maintenance of aircraft, but excludes any
24materials, parts, equipment, components, and consumable
25supplies used in the modification, replacement, repair, and
26maintenance of aircraft engines or power plants, whether such

 

 

HB2976 Engrossed- 139 -LRB097 06385 KTG 46467 b

1engines or power plants are installed or uninstalled upon any
2such aircraft. "Consumable supplies" include, but are not
3limited to, adhesive, tape, sandpaper, general purpose
4lubricants, cleaning solution, latex gloves, and protective
5films. This exemption applies only to those organizations that
6(i) hold an Air Agency Certificate and are empowered to operate
7an approved repair station by the Federal Aviation
8Administration, (ii) have a Class IV Rating, and (iii) conduct
9operations in accordance with Part 145 of the Federal Aviation
10Regulations. The exemption does not include aircraft operated
11by a commercial air carrier providing scheduled passenger air
12service pursuant to authority issued under Part 121 or Part 129
13of the Federal Aviation Regulations.
14    (36) Tangible personal property purchased by a
15public-facilities corporation, as described in Section
1611-65-10 of the Illinois Municipal Code, for purposes of
17constructing or furnishing a municipal convention hall, but
18only if the legal title to the municipal convention hall is
19transferred to the municipality without any further
20consideration by or on behalf of the municipality at the time
21of the completion of the municipal convention hall or upon the
22retirement or redemption of any bonds or other debt instruments
23issued by the public-facilities corporation in connection with
24the development of the municipal convention hall. This
25exemption includes existing public-facilities corporations as
26provided in Section 11-65-25 of the Illinois Municipal Code.

 

 

HB2976 Engrossed- 140 -LRB097 06385 KTG 46467 b

1This paragraph is exempt from the provisions of Section 3-90.
2(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
3eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
496-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
57-2-10.)
 
6    Section 38. The Service Use Tax Act is amended by changing
7Sections 3-5 and 3-10 as follows:
 
8    (35 ILCS 110/3-5)
9    Sec. 3-5. Exemptions. Use of the following tangible
10personal property is exempt from the tax imposed by this Act:
11    (1) Personal property purchased from a corporation,
12society, association, foundation, institution, or
13organization, other than a limited liability company, that is
14organized and operated as a not-for-profit service enterprise
15for the benefit of persons 65 years of age or older if the
16personal property was not purchased by the enterprise for the
17purpose of resale by the enterprise.
18    (2) Personal property purchased by a non-profit Illinois
19county fair association for use in conducting, operating, or
20promoting the county fair.
21    (3) Personal property purchased by a not-for-profit arts or
22cultural organization that establishes, by proof required by
23the Department by rule, that it has received an exemption under
24Section 501(c)(3) of the Internal Revenue Code and that is

 

 

HB2976 Engrossed- 141 -LRB097 06385 KTG 46467 b

1organized and operated primarily for the presentation or
2support of arts or cultural programming, activities, or
3services. These organizations include, but are not limited to,
4music and dramatic arts organizations such as symphony
5orchestras and theatrical groups, arts and cultural service
6organizations, local arts councils, visual arts organizations,
7and media arts organizations. On and after the effective date
8of this amendatory Act of the 92nd General Assembly, however,
9an entity otherwise eligible for this exemption shall not make
10tax-free purchases unless it has an active identification
11number issued by the Department.
12    (4) Legal tender, currency, medallions, or gold or silver
13coinage issued by the State of Illinois, the government of the
14United States of America, or the government of any foreign
15country, and bullion.
16    (5) Until July 1, 2003 and beginning again on September 1,
172004 through August 30, 2014, graphic arts machinery and
18equipment, including repair and replacement parts, both new and
19used, and including that manufactured on special order or
20purchased for lease, certified by the purchaser to be used
21primarily for graphic arts production. Equipment includes
22chemicals or chemicals acting as catalysts but only if the
23chemicals or chemicals acting as catalysts effect a direct and
24immediate change upon a graphic arts product.
25    (6) Personal property purchased from a teacher-sponsored
26student organization affiliated with an elementary or

 

 

HB2976 Engrossed- 142 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 143 -LRB097 06385 KTG 46467 b

1software, global positioning and mapping systems, and other
2such equipment.
3    Farm machinery and equipment also includes computers,
4sensors, software, and related equipment used primarily in the
5computer-assisted operation of production agriculture
6facilities, equipment, and activities such as, but not limited
7to, the collection, monitoring, and correlation of animal and
8crop data for the purpose of formulating animal diets and
9agricultural chemicals. This item (7) is exempt from the
10provisions of Section 3-75.
11    (8) Fuel and petroleum products sold to or used by an air
12common carrier, certified by the carrier to be used for
13consumption, shipment, or storage in the conduct of its
14business as an air common carrier, for a flight destined for or
15returning from a location or locations outside the United
16States without regard to previous or subsequent domestic
17stopovers.
18    (9) Proceeds of mandatory service charges separately
19stated on customers' bills for the purchase and consumption of
20food and beverages acquired as an incident to the purchase of a
21service from a serviceman, to the extent that the proceeds of
22the service charge are in fact turned over as tips or as a
23substitute for tips to the employees who participate directly
24in preparing, serving, hosting or cleaning up the food or
25beverage function with respect to which the service charge is
26imposed.

 

 

HB2976 Engrossed- 144 -LRB097 06385 KTG 46467 b

1    (10) Until July 1, 2003, oil field exploration, drilling,
2and production equipment, including (i) rigs and parts of rigs,
3rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
4tubular goods, including casing and drill strings, (iii) pumps
5and pump-jack units, (iv) storage tanks and flow lines, (v) any
6individual replacement part for oil field exploration,
7drilling, and production equipment, and (vi) machinery and
8equipment purchased for lease; but excluding motor vehicles
9required to be registered under the Illinois Vehicle Code.
10    (11) Proceeds from the sale of photoprocessing machinery
11and equipment, including repair and replacement parts, both new
12and used, including that manufactured on special order,
13certified by the purchaser to be used primarily for
14photoprocessing, and including photoprocessing machinery and
15equipment purchased for lease.
16    (12) Until July 1, 2003, coal exploration, mining,
17offhighway hauling, processing, maintenance, and reclamation
18equipment, including replacement parts and equipment, and
19including equipment purchased for lease, but excluding motor
20vehicles required to be registered under the Illinois Vehicle
21Code.
22    (13) Semen used for artificial insemination of livestock
23for direct agricultural production.
24    (14) Horses, or interests in horses, registered with and
25meeting the requirements of any of the Arabian Horse Club
26Registry of America, Appaloosa Horse Club, American Quarter

 

 

HB2976 Engrossed- 145 -LRB097 06385 KTG 46467 b

1Horse Association, United States Trotting Association, or
2Jockey Club, as appropriate, used for purposes of breeding or
3racing for prizes. This item (14) is exempt from the provisions
4of Section 3-75, and the exemption provided for under this item
5(14) applies for all periods beginning May 30, 1995, but no
6claim for credit or refund is allowed on or after the effective
7date of this amendatory Act of the 95th General Assembly for
8such taxes paid during the period beginning May 30, 2000 and
9ending on the effective date of this amendatory Act of the 95th
10General Assembly.
11    (15) Computers and communications equipment utilized for
12any hospital purpose and equipment used in the diagnosis,
13analysis, or treatment of hospital patients purchased by a
14lessor who leases the equipment, under a lease of one year or
15longer executed or in effect at the time the lessor would
16otherwise be subject to the tax imposed by this Act, to a
17hospital that has been issued an active tax exemption
18identification number by the Department under Section 1g of the
19Retailers' Occupation Tax Act. If the equipment is leased in a
20manner that does not qualify for this exemption or is used in
21any other non-exempt manner, the lessor shall be liable for the
22tax imposed under this Act or the Use Tax Act, as the case may
23be, based on the fair market value of the property at the time
24the non-qualifying use occurs. No lessor shall collect or
25attempt to collect an amount (however designated) that purports
26to reimburse that lessor for the tax imposed by this Act or the

 

 

HB2976 Engrossed- 146 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 147 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 148 -LRB097 06385 KTG 46467 b

1Department of Natural Resources. This paragraph is exempt from
2the provisions of Section 3-75.
3    (20) A motor vehicle, as that term is defined in Section
41-146 of the Illinois Vehicle Code, that is donated to a
5corporation, limited liability company, society, association,
6foundation, or institution that is determined by the Department
7to be organized and operated exclusively for educational
8purposes. For purposes of this exemption, "a corporation,
9limited liability company, society, association, foundation,
10or institution organized and operated exclusively for
11educational purposes" means all tax-supported public schools,
12private schools that offer systematic instruction in useful
13branches of learning by methods common to public schools and
14that compare favorably in their scope and intensity with the
15course of study presented in tax-supported schools, and
16vocational or technical schools or institutes organized and
17operated exclusively to provide a course of study of not less
18than 6 weeks duration and designed to prepare individuals to
19follow a trade or to pursue a manual, technical, mechanical,
20industrial, business, or commercial occupation.
21    (21) Beginning January 1, 2000, personal property,
22including food, purchased through fundraising events for the
23benefit of a public or private elementary or secondary school,
24a group of those schools, or one or more school districts if
25the events are sponsored by an entity recognized by the school
26district that consists primarily of volunteers and includes

 

 

HB2976 Engrossed- 149 -LRB097 06385 KTG 46467 b

1parents and teachers of the school children. This paragraph
2does not apply to fundraising events (i) for the benefit of
3private home instruction or (ii) for which the fundraising
4entity purchases the personal property sold at the events from
5another individual or entity that sold the property for the
6purpose of resale by the fundraising entity and that profits
7from the sale to the fundraising entity. This paragraph is
8exempt from the provisions of Section 3-75.
9    (22) Beginning January 1, 2000 and through December 31,
102001, new or used automatic vending machines that prepare and
11serve hot food and beverages, including coffee, soup, and other
12items, and replacement parts for these machines. Beginning
13January 1, 2002 and through June 30, 2003, machines and parts
14for machines used in commercial, coin-operated amusement and
15vending business if a use or occupation tax is paid on the
16gross receipts derived from the use of the commercial,
17coin-operated amusement and vending machines. This paragraph
18is exempt from the provisions of Section 3-75.
19    (23) Beginning August 23, 2001 and through June 30, 2011,
20food for human consumption that is to be consumed off the
21premises where it is sold (other than alcoholic beverages, soft
22drinks, and food that has been prepared for immediate
23consumption) and prescription and nonprescription medicines,
24drugs, medical appliances, and insulin, urine testing
25materials, syringes, and needles used by diabetics, for human
26use, when purchased for use by a person receiving medical

 

 

HB2976 Engrossed- 150 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 151 -LRB097 06385 KTG 46467 b

1liable to pay that amount to the Department. This paragraph is
2exempt from the provisions of Section 3-75.
3    (25) Beginning on the effective date of this amendatory Act
4of the 92nd General Assembly, personal property purchased by a
5lessor who leases the property, under a lease of one year or
6longer executed or in effect at the time the lessor would
7otherwise be subject to the tax imposed by this Act, to a
8governmental body that has been issued an active tax exemption
9identification number by the Department under Section 1g of the
10Retailers' Occupation Tax Act. If the property is leased in a
11manner that does not qualify for this exemption or is used in
12any other nonexempt manner, the lessor shall be liable for the
13tax imposed under this Act or the Use Tax Act, as the case may
14be, based on the fair market value of the property at the time
15the nonqualifying use occurs. No lessor shall collect or
16attempt to collect an amount (however designated) that purports
17to reimburse that lessor for the tax imposed by this Act or the
18Use Tax Act, as the case may be, if the tax has not been paid by
19the lessor. If a lessor improperly collects any such amount
20from the lessee, the lessee shall have a legal right to claim a
21refund of that amount from the lessor. If, however, that amount
22is not refunded to the lessee for any reason, the lessor is
23liable to pay that amount to the Department. This paragraph is
24exempt from the provisions of Section 3-75.
25    (26) Beginning January 1, 2008, tangible personal property
26used in the construction or maintenance of a community water

 

 

HB2976 Engrossed- 152 -LRB097 06385 KTG 46467 b

1supply, as defined under Section 3.145 of the Environmental
2Protection Act, that is operated by a not-for-profit
3corporation that holds a valid water supply permit issued under
4Title IV of the Environmental Protection Act. This paragraph is
5exempt from the provisions of Section 3-75.
6    (27) Beginning January 1, 2010, materials, parts,
7equipment, components, and furnishings incorporated into or
8upon an aircraft as part of the modification, refurbishment,
9completion, replacement, repair, or maintenance of the
10aircraft. This exemption includes consumable supplies used in
11the modification, refurbishment, completion, replacement,
12repair, and maintenance of aircraft, but excludes any
13materials, parts, equipment, components, and consumable
14supplies used in the modification, replacement, repair, and
15maintenance of aircraft engines or power plants, whether such
16engines or power plants are installed or uninstalled upon any
17such aircraft. "Consumable supplies" include, but are not
18limited to, adhesive, tape, sandpaper, general purpose
19lubricants, cleaning solution, latex gloves, and protective
20films. This exemption applies only to those organizations that
21(i) hold an Air Agency Certificate and are empowered to operate
22an approved repair station by the Federal Aviation
23Administration, (ii) have a Class IV Rating, and (iii) conduct
24operations in accordance with Part 145 of the Federal Aviation
25Regulations. The exemption does not include aircraft operated
26by a commercial air carrier providing scheduled passenger air

 

 

HB2976 Engrossed- 153 -LRB097 06385 KTG 46467 b

1service pursuant to authority issued under Part 121 or Part 129
2of the Federal Aviation Regulations.
3    (28) Tangible personal property purchased by a
4public-facilities corporation, as described in Section
511-65-10 of the Illinois Municipal Code, for purposes of
6constructing or furnishing a municipal convention hall, but
7only if the legal title to the municipal convention hall is
8transferred to the municipality without any further
9consideration by or on behalf of the municipality at the time
10of the completion of the municipal convention hall or upon the
11retirement or redemption of any bonds or other debt instruments
12issued by the public-facilities corporation in connection with
13the development of the municipal convention hall. This
14exemption includes existing public-facilities corporations as
15provided in Section 11-65-25 of the Illinois Municipal Code.
16This paragraph is exempt from the provisions of Section 3-75.
17(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
18eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
1996-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
207-2-10.)
 
21    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
22    Sec. 3-10. Rate of tax. Unless otherwise provided in this
23Section, the tax imposed by this Act is at the rate of 6.25% of
24the selling price of tangible personal property transferred as
25an incident to the sale of service, but, for the purpose of

 

 

HB2976 Engrossed- 154 -LRB097 06385 KTG 46467 b

1computing this tax, in no event shall the selling price be less
2than the cost price of the property to the serviceman.
3    Beginning on July 1, 2000 and through December 31, 2000,
4with respect to motor fuel, as defined in Section 1.1 of the
5Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
6the Use Tax Act, the tax is imposed at the rate of 1.25%.
7    With respect to gasohol, as defined in the Use Tax Act, the
8tax imposed by this Act applies to (i) 70% of the selling price
9of property transferred as an incident to the sale of service
10on or after January 1, 1990, and before July 1, 2003, (ii) 80%
11of the selling price of property transferred as an incident to
12the sale of service on or after July 1, 2003 and on or before
13December 31, 2013, and (iii) 100% of the selling price
14thereafter. If, at any time, however, the tax under this Act on
15sales of gasohol, as defined in the Use Tax Act, is imposed at
16the rate of 1.25%, then the tax imposed by this Act applies to
17100% of the proceeds of sales of gasohol made during that time.
18    With respect to majority blended ethanol fuel, as defined
19in the Use Tax Act, the tax imposed by this Act does not apply
20to the selling price of property transferred as an incident to
21the sale of service on or after July 1, 2003 and on or before
22December 31, 2013 but applies to 100% of the selling price
23thereafter.
24    With respect to biodiesel blends, as defined in the Use Tax
25Act, with no less than 1% and no more than 10% biodiesel, the
26tax imposed by this Act applies to (i) 80% of the selling price

 

 

HB2976 Engrossed- 155 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 156 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 157 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 158 -LRB097 06385 KTG 46467 b

1pieces. "Candy" does not include any preparation that contains
2flour or requires refrigeration.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "nonprescription medicines and
5drugs" does not include grooming and hygiene products. For
6purposes of this Section, "grooming and hygiene products"
7includes, but is not limited to, soaps and cleaning solutions,
8shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
9lotions and screens, unless those products are available by
10prescription only, regardless of whether the products meet the
11definition of "over-the-counter-drugs". For the purposes of
12this paragraph, "over-the-counter-drug" means a drug for human
13use that contains a label that identifies the product as a drug
14as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
15label includes:
16        (A) A "Drug Facts" panel; or
17        (B) A statement of the "active ingredient(s)" with a
18    list of those ingredients contained in the compound,
19    substance or preparation.
20    If the property that is acquired from a serviceman is
21acquired outside Illinois and used outside Illinois before
22being brought to Illinois for use here and is taxable under
23this Act, the "selling price" on which the tax is computed
24shall be reduced by an amount that represents a reasonable
25allowance for depreciation for the period of prior out-of-state
26use.

 

 

HB2976 Engrossed- 159 -LRB097 06385 KTG 46467 b

1(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
2eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
3    Section 39. The Service Occupation Tax Act is amended by
4changing Sections 3-5 and 3-10 as follows:
 
5    (35 ILCS 115/3-5)
6    Sec. 3-5. Exemptions. The following tangible personal
7property is exempt from the tax imposed by this Act:
8    (1) Personal property sold by a corporation, society,
9association, foundation, institution, or organization, other
10than a limited liability company, that is organized and
11operated as a not-for-profit service enterprise for the benefit
12of persons 65 years of age or older if the personal property
13was not purchased by the enterprise for the purpose of resale
14by the enterprise.
15    (2) Personal property purchased by a not-for-profit
16Illinois county fair association for use in conducting,
17operating, or promoting the county fair.
18    (3) Personal property purchased by any not-for-profit arts
19or cultural organization that establishes, by proof required by
20the Department by rule, that it has received an exemption under
21Section 501(c)(3) of the Internal Revenue Code and that is
22organized and operated primarily for the presentation or
23support of arts or cultural programming, activities, or
24services. These organizations include, but are not limited to,

 

 

HB2976 Engrossed- 160 -LRB097 06385 KTG 46467 b

1music and dramatic arts organizations such as symphony
2orchestras and theatrical groups, arts and cultural service
3organizations, local arts councils, visual arts organizations,
4and media arts organizations. On and after the effective date
5of this amendatory Act of the 92nd General Assembly, however,
6an entity otherwise eligible for this exemption shall not make
7tax-free purchases unless it has an active identification
8number issued by the Department.
9    (4) Legal tender, currency, medallions, or gold or silver
10coinage issued by the State of Illinois, the government of the
11United States of America, or the government of any foreign
12country, and bullion.
13    (5) Until July 1, 2003 and beginning again on September 1,
142004 through August 30, 2014, graphic arts machinery and
15equipment, including repair and replacement parts, both new and
16used, and including that manufactured on special order or
17purchased for lease, certified by the purchaser to be used
18primarily for graphic arts production. Equipment includes
19chemicals or chemicals acting as catalysts but only if the
20chemicals or chemicals acting as catalysts effect a direct and
21immediate change upon a graphic arts product.
22    (6) Personal property sold by a teacher-sponsored student
23organization affiliated with an elementary or secondary school
24located in Illinois.
25    (7) Farm machinery and equipment, both new and used,
26including that manufactured on special order, certified by the

 

 

HB2976 Engrossed- 161 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 162 -LRB097 06385 KTG 46467 b

1sensors, software, and related equipment used primarily in the
2computer-assisted operation of production agriculture
3facilities, equipment, and activities such as, but not limited
4to, the collection, monitoring, and correlation of animal and
5crop data for the purpose of formulating animal diets and
6agricultural chemicals. This item (7) is exempt from the
7provisions of Section 3-55.
8    (8) Fuel and petroleum products sold to or used by an air
9common carrier, certified by the carrier to be used for
10consumption, shipment, or storage in the conduct of its
11business as an air common carrier, for a flight destined for or
12returning from a location or locations outside the United
13States without regard to previous or subsequent domestic
14stopovers.
15    (9) Proceeds of mandatory service charges separately
16stated on customers' bills for the purchase and consumption of
17food and beverages, to the extent that the proceeds of the
18service charge are in fact turned over as tips or as a
19substitute for tips to the employees who participate directly
20in preparing, serving, hosting or cleaning up the food or
21beverage function with respect to which the service charge is
22imposed.
23    (10) Until July 1, 2003, oil field exploration, drilling,
24and production equipment, including (i) rigs and parts of rigs,
25rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
26tubular goods, including casing and drill strings, (iii) pumps

 

 

HB2976 Engrossed- 163 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 164 -LRB097 06385 KTG 46467 b

1the Nursing Home Care Act, or in a licensed facility as defined
2in the ID/DD MR/DD Community Care Act.
3    (14) Semen used for artificial insemination of livestock
4for direct agricultural production.
5    (15) Horses, or interests in horses, registered with and
6meeting the requirements of any of the Arabian Horse Club
7Registry of America, Appaloosa Horse Club, American Quarter
8Horse Association, United States Trotting Association, or
9Jockey Club, as appropriate, used for purposes of breeding or
10racing for prizes. This item (15) is exempt from the provisions
11of Section 3-55, and the exemption provided for under this item
12(15) applies for all periods beginning May 30, 1995, but no
13claim for credit or refund is allowed on or after January 1,
142008 (the effective date of Public Act 95-88) for such taxes
15paid during the period beginning May 30, 2000 and ending on
16January 1, 2008 (the effective date of Public Act 95-88).
17    (16) Computers and communications equipment utilized for
18any hospital purpose and equipment used in the diagnosis,
19analysis, or treatment of hospital patients sold to a lessor
20who leases the equipment, under a lease of one year or longer
21executed or in effect at the time of the purchase, to a
22hospital that has been issued an active tax exemption
23identification number by the Department under Section 1g of the
24Retailers' Occupation Tax Act.
25    (17) Personal property sold to a lessor who leases the
26property, under a lease of one year or longer executed or in

 

 

HB2976 Engrossed- 165 -LRB097 06385 KTG 46467 b

1effect at the time of the purchase, to a governmental body that
2has been issued an active tax exemption identification number
3by the Department under Section 1g of the Retailers' Occupation
4Tax Act.
5    (18) Beginning with taxable years ending on or after
6December 31, 1995 and ending with taxable years ending on or
7before December 31, 2004, personal property that is donated for
8disaster relief to be used in a State or federally declared
9disaster area in Illinois or bordering Illinois by a
10manufacturer or retailer that is registered in this State to a
11corporation, society, association, foundation, or institution
12that has been issued a sales tax exemption identification
13number by the Department that assists victims of the disaster
14who reside within the declared disaster area.
15    (19) Beginning with taxable years ending on or after
16December 31, 1995 and ending with taxable years ending on or
17before December 31, 2004, personal property that is used in the
18performance of infrastructure repairs in this State, including
19but not limited to municipal roads and streets, access roads,
20bridges, sidewalks, waste disposal systems, water and sewer
21line extensions, water distribution and purification
22facilities, storm water drainage and retention facilities, and
23sewage treatment facilities, resulting from a State or
24federally declared disaster in Illinois or bordering Illinois
25when such repairs are initiated on facilities located in the
26declared disaster area within 6 months after the disaster.

 

 

HB2976 Engrossed- 166 -LRB097 06385 KTG 46467 b

1    (20) Beginning July 1, 1999, game or game birds sold at a
2"game breeding and hunting preserve area" or an "exotic game
3hunting area" as those terms are used in the Wildlife Code or
4at a hunting enclosure approved through rules adopted by the
5Department of Natural Resources. This paragraph is exempt from
6the provisions of Section 3-55.
7    (21) A motor vehicle, as that term is defined in Section
81-146 of the Illinois Vehicle Code, that is donated to a
9corporation, limited liability company, society, association,
10foundation, or institution that is determined by the Department
11to be organized and operated exclusively for educational
12purposes. For purposes of this exemption, "a corporation,
13limited liability company, society, association, foundation,
14or institution organized and operated exclusively for
15educational purposes" means all tax-supported public schools,
16private schools that offer systematic instruction in useful
17branches of learning by methods common to public schools and
18that compare favorably in their scope and intensity with the
19course of study presented in tax-supported schools, and
20vocational or technical schools or institutes organized and
21operated exclusively to provide a course of study of not less
22than 6 weeks duration and designed to prepare individuals to
23follow a trade or to pursue a manual, technical, mechanical,
24industrial, business, or commercial occupation.
25    (22) Beginning January 1, 2000, personal property,
26including food, purchased through fundraising events for the

 

 

HB2976 Engrossed- 167 -LRB097 06385 KTG 46467 b

1benefit of a public or private elementary or secondary school,
2a group of those schools, or one or more school districts if
3the events are sponsored by an entity recognized by the school
4district that consists primarily of volunteers and includes
5parents and teachers of the school children. This paragraph
6does not apply to fundraising events (i) for the benefit of
7private home instruction or (ii) for which the fundraising
8entity purchases the personal property sold at the events from
9another individual or entity that sold the property for the
10purpose of resale by the fundraising entity and that profits
11from the sale to the fundraising entity. This paragraph is
12exempt from the provisions of Section 3-55.
13    (23) Beginning January 1, 2000 and through December 31,
142001, new or used automatic vending machines that prepare and
15serve hot food and beverages, including coffee, soup, and other
16items, and replacement parts for these machines. Beginning
17January 1, 2002 and through June 30, 2003, machines and parts
18for machines used in commercial, coin-operated amusement and
19vending business if a use or occupation tax is paid on the
20gross receipts derived from the use of the commercial,
21coin-operated amusement and vending machines. This paragraph
22is exempt from the provisions of Section 3-55.
23    (24) Beginning on the effective date of this amendatory Act
24of the 92nd General Assembly, computers and communications
25equipment utilized for any hospital purpose and equipment used
26in the diagnosis, analysis, or treatment of hospital patients

 

 

HB2976 Engrossed- 168 -LRB097 06385 KTG 46467 b

1sold to a lessor who leases the equipment, under a lease of one
2year or longer executed or in effect at the time of the
3purchase, to a hospital that has been issued an active tax
4exemption identification number by the Department under
5Section 1g of the Retailers' Occupation Tax Act. This paragraph
6is exempt from the provisions of Section 3-55.
7    (25) Beginning on the effective date of this amendatory Act
8of the 92nd General Assembly, personal property sold to a
9lessor who leases the property, under a lease of one year or
10longer executed or in effect at the time of the purchase, to a
11governmental body that has been issued an active tax exemption
12identification number by the Department under Section 1g of the
13Retailers' Occupation Tax Act. This paragraph is exempt from
14the provisions of Section 3-55.
15    (26) Beginning on January 1, 2002 and through June 30,
162011, tangible personal property purchased from an Illinois
17retailer by a taxpayer engaged in centralized purchasing
18activities in Illinois who will, upon receipt of the property
19in Illinois, temporarily store the property in Illinois (i) for
20the purpose of subsequently transporting it outside this State
21for use or consumption thereafter solely outside this State or
22(ii) for the purpose of being processed, fabricated, or
23manufactured into, attached to, or incorporated into other
24tangible personal property to be transported outside this State
25and thereafter used or consumed solely outside this State. The
26Director of Revenue shall, pursuant to rules adopted in

 

 

HB2976 Engrossed- 169 -LRB097 06385 KTG 46467 b

1accordance with the Illinois Administrative Procedure Act,
2issue a permit to any taxpayer in good standing with the
3Department who is eligible for the exemption under this
4paragraph (26). The permit issued under this paragraph (26)
5shall authorize the holder, to the extent and in the manner
6specified in the rules adopted under this Act, to purchase
7tangible personal property from a retailer exempt from the
8taxes imposed by this Act. Taxpayers shall maintain all
9necessary books and records to substantiate the use and
10consumption of all such tangible personal property outside of
11the State of Illinois.
12    (27) Beginning January 1, 2008, tangible personal property
13used in the construction or maintenance of a community water
14supply, as defined under Section 3.145 of the Environmental
15Protection Act, that is operated by a not-for-profit
16corporation that holds a valid water supply permit issued under
17Title IV of the Environmental Protection Act. This paragraph is
18exempt from the provisions of Section 3-55.
19    (28) Tangible personal property sold to a
20public-facilities corporation, as described in Section
2111-65-10 of the Illinois Municipal Code, for purposes of
22constructing or furnishing a municipal convention hall, but
23only if the legal title to the municipal convention hall is
24transferred to the municipality without any further
25consideration by or on behalf of the municipality at the time
26of the completion of the municipal convention hall or upon the

 

 

HB2976 Engrossed- 170 -LRB097 06385 KTG 46467 b

1retirement or redemption of any bonds or other debt instruments
2issued by the public-facilities corporation in connection with
3the development of the municipal convention hall. This
4exemption includes existing public-facilities corporations as
5provided in Section 11-65-25 of the Illinois Municipal Code.
6This paragraph is exempt from the provisions of Section 3-55.
7    (29) Beginning January 1, 2010, materials, parts,
8equipment, components, and furnishings incorporated into or
9upon an aircraft as part of the modification, refurbishment,
10completion, replacement, repair, or maintenance of the
11aircraft. This exemption includes consumable supplies used in
12the modification, refurbishment, completion, replacement,
13repair, and maintenance of aircraft, but excludes any
14materials, parts, equipment, components, and consumable
15supplies used in the modification, replacement, repair, and
16maintenance of aircraft engines or power plants, whether such
17engines or power plants are installed or uninstalled upon any
18such aircraft. "Consumable supplies" include, but are not
19limited to, adhesive, tape, sandpaper, general purpose
20lubricants, cleaning solution, latex gloves, and protective
21films. This exemption applies only to those organizations that
22(i) hold an Air Agency Certificate and are empowered to operate
23an approved repair station by the Federal Aviation
24Administration, (ii) have a Class IV Rating, and (iii) conduct
25operations in accordance with Part 145 of the Federal Aviation
26Regulations. The exemption does not include aircraft operated

 

 

HB2976 Engrossed- 171 -LRB097 06385 KTG 46467 b

1by a commercial air carrier providing scheduled passenger air
2service pursuant to authority issued under Part 121 or Part 129
3of the Federal Aviation Regulations.
4(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
5eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
696-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
77-2-10.)
 
8    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
9    Sec. 3-10. Rate of tax. Unless otherwise provided in this
10Section, the tax imposed by this Act is at the rate of 6.25% of
11the "selling price", as defined in Section 2 of the Service Use
12Tax Act, of the tangible personal property. For the purpose of
13computing this tax, in no event shall the "selling price" be
14less than the cost price to the serviceman of the tangible
15personal property transferred. The selling price of each item
16of tangible personal property transferred as an incident of a
17sale of service may be shown as a distinct and separate item on
18the serviceman's billing to the service customer. If the
19selling price is not so shown, the selling price of the
20tangible personal property is deemed to be 50% of the
21serviceman's entire billing to the service customer. When,
22however, a serviceman contracts to design, develop, and produce
23special order machinery or equipment, the tax imposed by this
24Act shall be based on the serviceman's cost price of the
25tangible personal property transferred incident to the

 

 

HB2976 Engrossed- 172 -LRB097 06385 KTG 46467 b

1completion of the contract.
2    Beginning on July 1, 2000 and through December 31, 2000,
3with respect to motor fuel, as defined in Section 1.1 of the
4Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
5the Use Tax Act, the tax is imposed at the rate of 1.25%.
6    With respect to gasohol, as defined in the Use Tax Act, the
7tax imposed by this Act shall apply to (i) 70% of the cost
8price of property transferred as an incident to the sale of
9service on or after January 1, 1990, and before July 1, 2003,
10(ii) 80% of the selling price of property transferred as an
11incident to the sale of service on or after July 1, 2003 and on
12or before December 31, 2013, and (iii) 100% of the cost price
13thereafter. If, at any time, however, the tax under this Act on
14sales of gasohol, as defined in the Use Tax Act, is imposed at
15the rate of 1.25%, then the tax imposed by this Act applies to
16100% of the proceeds of sales of gasohol made during that time.
17    With respect to majority blended ethanol fuel, as defined
18in the Use Tax Act, the tax imposed by this Act does not apply
19to the selling price of property transferred as an incident to
20the sale of service on or after July 1, 2003 and on or before
21December 31, 2013 but applies to 100% of the selling price
22thereafter.
23    With respect to biodiesel blends, as defined in the Use Tax
24Act, with no less than 1% and no more than 10% biodiesel, the
25tax imposed by this Act applies to (i) 80% of the selling price
26of property transferred as an incident to the sale of service

 

 

HB2976 Engrossed- 173 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 174 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 175 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 176 -LRB097 06385 KTG 46467 b

1pieces. "Candy" does not include any preparation that contains
2flour or requires refrigeration.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "nonprescription medicines and
5drugs" does not include grooming and hygiene products. For
6purposes of this Section, "grooming and hygiene products"
7includes, but is not limited to, soaps and cleaning solutions,
8shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
9lotions and screens, unless those products are available by
10prescription only, regardless of whether the products meet the
11definition of "over-the-counter-drugs". For the purposes of
12this paragraph, "over-the-counter-drug" means a drug for human
13use that contains a label that identifies the product as a drug
14as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
15label includes:
16        (A) A "Drug Facts" panel; or
17        (B) A statement of the "active ingredient(s)" with a
18    list of those ingredients contained in the compound,
19    substance or preparation.
20(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
21eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
22    Section 40. The Retailers' Occupation Tax Act is amended by
23changing Section 2-5 as follows:
 
24    (35 ILCS 120/2-5)

 

 

HB2976 Engrossed- 177 -LRB097 06385 KTG 46467 b

1    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
2sale of the following tangible personal property are exempt
3from the tax imposed by this Act:
4    (1) Farm chemicals.
5    (2) Farm machinery and equipment, both new and used,
6including that manufactured on special order, certified by the
7purchaser to be used primarily for production agriculture or
8State or federal agricultural programs, including individual
9replacement parts for the machinery and equipment, including
10machinery and equipment purchased for lease, and including
11implements of husbandry defined in Section 1-130 of the
12Illinois Vehicle Code, farm machinery and agricultural
13chemical and fertilizer spreaders, and nurse wagons required to
14be registered under Section 3-809 of the Illinois Vehicle Code,
15but excluding other motor vehicles required to be registered
16under the Illinois Vehicle Code. Horticultural polyhouses or
17hoop houses used for propagating, growing, or overwintering
18plants shall be considered farm machinery and equipment under
19this item (2). Agricultural chemical tender tanks and dry boxes
20shall include units sold separately from a motor vehicle
21required to be licensed and units sold mounted on a motor
22vehicle required to be licensed, if the selling price of the
23tender is separately stated.
24    Farm machinery and equipment shall include precision
25farming equipment that is installed or purchased to be
26installed on farm machinery and equipment including, but not

 

 

HB2976 Engrossed- 178 -LRB097 06385 KTG 46467 b

1limited to, tractors, harvesters, sprayers, planters, seeders,
2or spreaders. Precision farming equipment includes, but is not
3limited to, soil testing sensors, computers, monitors,
4software, global positioning and mapping systems, and other
5such equipment.
6    Farm machinery and equipment also includes computers,
7sensors, software, and related equipment used primarily in the
8computer-assisted operation of production agriculture
9facilities, equipment, and activities such as, but not limited
10to, the collection, monitoring, and correlation of animal and
11crop data for the purpose of formulating animal diets and
12agricultural chemicals. This item (7) is exempt from the
13provisions of Section 2-70.
14    (3) Until July 1, 2003, distillation machinery and
15equipment, sold as a unit or kit, assembled or installed by the
16retailer, certified by the user to be used only for the
17production of ethyl alcohol that will be used for consumption
18as motor fuel or as a component of motor fuel for the personal
19use of the user, and not subject to sale or resale.
20    (4) Until July 1, 2003 and beginning again September 1,
212004 through August 30, 2014, graphic arts machinery and
22equipment, including repair and replacement parts, both new and
23used, and including that manufactured on special order or
24purchased for lease, certified by the purchaser to be used
25primarily for graphic arts production. Equipment includes
26chemicals or chemicals acting as catalysts but only if the

 

 

HB2976 Engrossed- 179 -LRB097 06385 KTG 46467 b

1chemicals or chemicals acting as catalysts effect a direct and
2immediate change upon a graphic arts product.
3    (5) A motor vehicle of the first division, a motor vehicle
4of the second division that is a self contained motor vehicle
5designed or permanently converted to provide living quarters
6for recreational, camping, or travel use, with direct walk
7through access to the living quarters from the driver's seat,
8or a motor vehicle of the second division that is of the van
9configuration designed for the transportation of not less than
107 nor more than 16 passengers, as defined in Section 1-146 of
11the Illinois Vehicle Code, that is used for automobile renting,
12as defined in the Automobile Renting Occupation and Use Tax
13Act. This paragraph is exempt from the provisions of Section
142-70.
15    (6) Personal property sold by a teacher-sponsored student
16organization affiliated with an elementary or secondary school
17located in Illinois.
18    (7) Until July 1, 2003, proceeds of that portion of the
19selling price of a passenger car the sale of which is subject
20to the Replacement Vehicle Tax.
21    (8) Personal property sold to an Illinois county fair
22association for use in conducting, operating, or promoting the
23county fair.
24    (9) Personal property sold to a not-for-profit arts or
25cultural organization that establishes, by proof required by
26the Department by rule, that it has received an exemption under

 

 

HB2976 Engrossed- 180 -LRB097 06385 KTG 46467 b

1Section 501(c)(3) of the Internal Revenue Code and that is
2organized and operated primarily for the presentation or
3support of arts or cultural programming, activities, or
4services. These organizations include, but are not limited to,
5music and dramatic arts organizations such as symphony
6orchestras and theatrical groups, arts and cultural service
7organizations, local arts councils, visual arts organizations,
8and media arts organizations. On and after the effective date
9of this amendatory Act of the 92nd General Assembly, however,
10an entity otherwise eligible for this exemption shall not make
11tax-free purchases unless it has an active identification
12number issued by the Department.
13    (10) Personal property sold by a corporation, society,
14association, foundation, institution, or organization, other
15than a limited liability company, that is organized and
16operated as a not-for-profit service enterprise for the benefit
17of persons 65 years of age or older if the personal property
18was not purchased by the enterprise for the purpose of resale
19by the enterprise.
20    (11) Personal property sold to a governmental body, to a
21corporation, society, association, foundation, or institution
22organized and operated exclusively for charitable, religious,
23or educational purposes, or to a not-for-profit corporation,
24society, association, foundation, institution, or organization
25that has no compensated officers or employees and that is
26organized and operated primarily for the recreation of persons

 

 

HB2976 Engrossed- 181 -LRB097 06385 KTG 46467 b

155 years of age or older. A limited liability company may
2qualify for the exemption under this paragraph only if the
3limited liability company is organized and operated
4exclusively for educational purposes. On and after July 1,
51987, however, no entity otherwise eligible for this exemption
6shall make tax-free purchases unless it has an active
7identification number issued by the Department.
8    (12) Tangible personal property sold to interstate
9carriers for hire for use as rolling stock moving in interstate
10commerce or to lessors under leases of one year or longer
11executed or in effect at the time of purchase by interstate
12carriers for hire for use as rolling stock moving in interstate
13commerce and equipment operated by a telecommunications
14provider, licensed as a common carrier by the Federal
15Communications Commission, which is permanently installed in
16or affixed to aircraft moving in interstate commerce.
17    (12-5) On and after July 1, 2003 and through June 30, 2004,
18motor vehicles of the second division with a gross vehicle
19weight in excess of 8,000 pounds that are subject to the
20commercial distribution fee imposed under Section 3-815.1 of
21the Illinois Vehicle Code. Beginning on July 1, 2004 and
22through June 30, 2005, the use in this State of motor vehicles
23of the second division: (i) with a gross vehicle weight rating
24in excess of 8,000 pounds; (ii) that are subject to the
25commercial distribution fee imposed under Section 3-815.1 of
26the Illinois Vehicle Code; and (iii) that are primarily used

 

 

HB2976 Engrossed- 182 -LRB097 06385 KTG 46467 b

1for commercial purposes. Through June 30, 2005, this exemption
2applies to repair and replacement parts added after the initial
3purchase of such a motor vehicle if that motor vehicle is used
4in a manner that would qualify for the rolling stock exemption
5otherwise provided for in this Act. For purposes of this
6paragraph, "used for commercial purposes" means the
7transportation of persons or property in furtherance of any
8commercial or industrial enterprise whether for-hire or not.
9    (13) Proceeds from sales to owners, lessors, or shippers of
10tangible personal property that is utilized by interstate
11carriers for hire for use as rolling stock moving in interstate
12commerce and equipment operated by a telecommunications
13provider, licensed as a common carrier by the Federal
14Communications Commission, which is permanently installed in
15or affixed to aircraft moving in interstate commerce.
16    (14) Machinery and equipment that will be used by the
17purchaser, or a lessee of the purchaser, primarily in the
18process of manufacturing or assembling tangible personal
19property for wholesale or retail sale or lease, whether the
20sale or lease is made directly by the manufacturer or by some
21other person, whether the materials used in the process are
22owned by the manufacturer or some other person, or whether the
23sale or lease is made apart from or as an incident to the
24seller's engaging in the service occupation of producing
25machines, tools, dies, jigs, patterns, gauges, or other similar
26items of no commercial value on special order for a particular

 

 

HB2976 Engrossed- 183 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 184 -LRB097 06385 KTG 46467 b

1tubular goods, including casing and drill strings, (iii) pumps
2and pump-jack units, (iv) storage tanks and flow lines, (v) any
3individual replacement part for oil field exploration,
4drilling, and production equipment, and (vi) machinery and
5equipment purchased for lease; but excluding motor vehicles
6required to be registered under the Illinois Vehicle Code.
7    (20) Photoprocessing machinery and equipment, including
8repair and replacement parts, both new and used, including that
9manufactured on special order, certified by the purchaser to be
10used primarily for photoprocessing, and including
11photoprocessing machinery and equipment purchased for lease.
12    (21) Until July 1, 2003, coal exploration, mining,
13offhighway hauling, processing, maintenance, and reclamation
14equipment, including replacement parts and equipment, and
15including equipment purchased for lease, but excluding motor
16vehicles required to be registered under the Illinois Vehicle
17Code.
18    (22) Fuel and petroleum products sold to or used by an air
19carrier, certified by the carrier to be used for consumption,
20shipment, or storage in the conduct of its business as an air
21common carrier, for a flight destined for or returning from a
22location or locations outside the United States without regard
23to previous or subsequent domestic stopovers.
24    (23) A transaction in which the purchase order is received
25by a florist who is located outside Illinois, but who has a
26florist located in Illinois deliver the property to the

 

 

HB2976 Engrossed- 185 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 186 -LRB097 06385 KTG 46467 b

1to the state's rate of tax on taxable property in the state in
2which the purchaser is a resident, except that the tax shall
3not exceed the tax that would otherwise be imposed under this
4Act. At the time of the sale, the purchaser shall execute a
5statement, signed under penalty of perjury, of his or her
6intent to title the vehicle in the state in which the purchaser
7is a resident within 30 days after the sale and of the fact of
8the payment to the State of Illinois of tax in an amount
9equivalent to the state's rate of tax on taxable property in
10his or her state of residence and shall submit the statement to
11the appropriate tax collection agency in his or her state of
12residence. In addition, the retailer must retain a signed copy
13of the statement in his or her records. Nothing in this item
14shall be construed to require the removal of the vehicle from
15this state following the filing of an intent to title the
16vehicle in the purchaser's state of residence if the purchaser
17titles the vehicle in his or her state of residence within 30
18days after the date of sale. The tax collected under this Act
19in accordance with this item (25-5) shall be proportionately
20distributed as if the tax were collected at the 6.25% general
21rate imposed under this Act.
22    (25-7) Beginning on July 1, 2007, no tax is imposed under
23this Act on the sale of an aircraft, as defined in Section 3 of
24the Illinois Aeronautics Act, if all of the following
25conditions are met:
26        (1) the aircraft leaves this State within 15 days after

 

 

HB2976 Engrossed- 187 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 188 -LRB097 06385 KTG 46467 b

1    This paragraph (25-7) is exempt from the provisions of
2Section 2-70.
3    (26) Semen used for artificial insemination of livestock
4for direct agricultural production.
5    (27) Horses, or interests in horses, registered with and
6meeting the requirements of any of the Arabian Horse Club
7Registry of America, Appaloosa Horse Club, American Quarter
8Horse Association, United States Trotting Association, or
9Jockey Club, as appropriate, used for purposes of breeding or
10racing for prizes. This item (27) is exempt from the provisions
11of Section 2-70, and the exemption provided for under this item
12(27) applies for all periods beginning May 30, 1995, but no
13claim for credit or refund is allowed on or after January 1,
142008 (the effective date of Public Act 95-88) for such taxes
15paid during the period beginning May 30, 2000 and ending on
16January 1, 2008 (the effective date of Public Act 95-88).
17    (28) Computers and communications equipment utilized for
18any hospital purpose and equipment used in the diagnosis,
19analysis, or treatment of hospital patients sold to a lessor
20who leases the equipment, under a lease of one year or longer
21executed or in effect at the time of the purchase, to a
22hospital that has been issued an active tax exemption
23identification number by the Department under Section 1g of
24this Act.
25    (29) Personal property sold to a lessor who leases the
26property, under a lease of one year or longer executed or in

 

 

HB2976 Engrossed- 189 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 190 -LRB097 06385 KTG 46467 b

1"game breeding and hunting preserve area" or an "exotic game
2hunting area" as those terms are used in the Wildlife Code or
3at a hunting enclosure approved through rules adopted by the
4Department of Natural Resources. This paragraph is exempt from
5the provisions of Section 2-70.
6    (33) A motor vehicle, as that term is defined in Section
71-146 of the Illinois Vehicle Code, that is donated to a
8corporation, limited liability company, society, association,
9foundation, or institution that is determined by the Department
10to be organized and operated exclusively for educational
11purposes. For purposes of this exemption, "a corporation,
12limited liability company, society, association, foundation,
13or institution organized and operated exclusively for
14educational purposes" means all tax-supported public schools,
15private schools that offer systematic instruction in useful
16branches of learning by methods common to public schools and
17that compare favorably in their scope and intensity with the
18course of study presented in tax-supported schools, and
19vocational or technical schools or institutes organized and
20operated exclusively to provide a course of study of not less
21than 6 weeks duration and designed to prepare individuals to
22follow a trade or to pursue a manual, technical, mechanical,
23industrial, business, or commercial occupation.
24    (34) Beginning January 1, 2000, personal property,
25including food, purchased through fundraising events for the
26benefit of a public or private elementary or secondary school,

 

 

HB2976 Engrossed- 191 -LRB097 06385 KTG 46467 b

1a group of those schools, or one or more school districts if
2the events are sponsored by an entity recognized by the school
3district that consists primarily of volunteers and includes
4parents and teachers of the school children. This paragraph
5does not apply to fundraising events (i) for the benefit of
6private home instruction or (ii) for which the fundraising
7entity purchases the personal property sold at the events from
8another individual or entity that sold the property for the
9purpose of resale by the fundraising entity and that profits
10from the sale to the fundraising entity. This paragraph is
11exempt from the provisions of Section 2-70.
12    (35) Beginning January 1, 2000 and through December 31,
132001, new or used automatic vending machines that prepare and
14serve hot food and beverages, including coffee, soup, and other
15items, and replacement parts for these machines. Beginning
16January 1, 2002 and through June 30, 2003, machines and parts
17for machines used in commercial, coin-operated amusement and
18vending business if a use or occupation tax is paid on the
19gross receipts derived from the use of the commercial,
20coin-operated amusement and vending machines. This paragraph
21is exempt from the provisions of Section 2-70.
22    (35-5) Beginning August 23, 2001 and through June 30, 2011,
23food for human consumption that is to be consumed off the
24premises where it is sold (other than alcoholic beverages, soft
25drinks, and food that has been prepared for immediate
26consumption) and prescription and nonprescription medicines,

 

 

HB2976 Engrossed- 192 -LRB097 06385 KTG 46467 b

1drugs, medical appliances, and insulin, urine testing
2materials, syringes, and needles used by diabetics, for human
3use, when purchased for use by a person receiving medical
4assistance under Article V of the Illinois Public Aid Code who
5resides in a licensed long-term care facility, as defined in
6the Nursing Home Care Act, or a licensed facility as defined in
7the ID/DD MR/DD Community Care Act.
8    (36) Beginning August 2, 2001, computers and
9communications equipment utilized for any hospital purpose and
10equipment used in the diagnosis, analysis, or treatment of
11hospital patients sold to a lessor who leases the equipment,
12under a lease of one year or longer executed or in effect at
13the time of the purchase, to a hospital that has been issued an
14active tax exemption identification number by the Department
15under Section 1g of this Act. This paragraph is exempt from the
16provisions of Section 2-70.
17    (37) Beginning August 2, 2001, personal property sold to a
18lessor who leases the property, under a lease of one year or
19longer executed or in effect at the time of the purchase, to a
20governmental body that has been issued an active tax exemption
21identification number by the Department under Section 1g of
22this Act. This paragraph is exempt from the provisions of
23Section 2-70.
24    (38) Beginning on January 1, 2002 and through June 30,
252011, tangible personal property purchased from an Illinois
26retailer by a taxpayer engaged in centralized purchasing

 

 

HB2976 Engrossed- 193 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 194 -LRB097 06385 KTG 46467 b

1exempt from the provisions of Section 2-70.
2    (40) Beginning January 1, 2010, materials, parts,
3equipment, components, and furnishings incorporated into or
4upon an aircraft as part of the modification, refurbishment,
5completion, replacement, repair, or maintenance of the
6aircraft. This exemption includes consumable supplies used in
7the modification, refurbishment, completion, replacement,
8repair, and maintenance of aircraft, but excludes any
9materials, parts, equipment, components, and consumable
10supplies used in the modification, replacement, repair, and
11maintenance of aircraft engines or power plants, whether such
12engines or power plants are installed or uninstalled upon any
13such aircraft. "Consumable supplies" include, but are not
14limited to, adhesive, tape, sandpaper, general purpose
15lubricants, cleaning solution, latex gloves, and protective
16films. This exemption applies only to those organizations that
17(i) hold an Air Agency Certificate and are empowered to operate
18an approved repair station by the Federal Aviation
19Administration, (ii) have a Class IV Rating, and (iii) conduct
20operations in accordance with Part 145 of the Federal Aviation
21Regulations. The exemption does not include aircraft operated
22by a commercial air carrier providing scheduled passenger air
23service pursuant to authority issued under Part 121 or Part 129
24of the Federal Aviation Regulations.
25    (41) Tangible personal property sold to a
26public-facilities corporation, as described in Section

 

 

HB2976 Engrossed- 195 -LRB097 06385 KTG 46467 b

111-65-10 of the Illinois Municipal Code, for purposes of
2constructing or furnishing a municipal convention hall, but
3only if the legal title to the municipal convention hall is
4transferred to the municipality without any further
5consideration by or on behalf of the municipality at the time
6of the completion of the municipal convention hall or upon the
7retirement or redemption of any bonds or other debt instruments
8issued by the public-facilities corporation in connection with
9the development of the municipal convention hall. This
10exemption includes existing public-facilities corporations as
11provided in Section 11-65-25 of the Illinois Municipal Code.
12This paragraph is exempt from the provisions of Section 2-70.
13(Source: P.A. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304,
14eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08;
1595-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff.
167-1-10; 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000,
17eff. 7-2-10.)
 
18    Section 41. The Property Tax Code is amended by changing
19Sections 15-168, 15-170, and 15-172 as follows:
 
20    (35 ILCS 200/15-168)
21    Sec. 15-168. Disabled persons' homestead exemption.
22    (a) Beginning with taxable year 2007, an annual homestead
23exemption is granted to disabled persons in the amount of
24$2,000, except as provided in subsection (c), to be deducted

 

 

HB2976 Engrossed- 196 -LRB097 06385 KTG 46467 b

1from the property's value as equalized or assessed by the
2Department of Revenue. The disabled person shall receive the
3homestead exemption upon meeting the following requirements:
4        (1) The property must be occupied as the primary
5    residence by the disabled person.
6        (2) The disabled person must be liable for paying the
7    real estate taxes on the property.
8        (3) The disabled person must be an owner of record of
9    the property or have a legal or equitable interest in the
10    property as evidenced by a written instrument. In the case
11    of a leasehold interest in property, the lease must be for
12    a single family residence.
13    A person who is disabled during the taxable year is
14eligible to apply for this homestead exemption during that
15taxable year. Application must be made during the application
16period in effect for the county of residence. If a homestead
17exemption has been granted under this Section and the person
18awarded the exemption subsequently becomes a resident of a
19facility licensed under the Nursing Home Care Act or the ID/DD
20MR/DD Community Care Act, then the exemption shall continue (i)
21so long as the residence continues to be occupied by the
22qualifying person's spouse or (ii) if the residence remains
23unoccupied but is still owned by the person qualified for the
24homestead exemption.
25    (b) For the purposes of this Section, "disabled person"
26means a person unable to engage in any substantial gainful

 

 

HB2976 Engrossed- 197 -LRB097 06385 KTG 46467 b

1activity by reason of a medically determinable physical or
2mental impairment which can be expected to result in death or
3has lasted or can be expected to last for a continuous period
4of not less than 12 months. Disabled persons filing claims
5under this Act shall submit proof of disability in such form
6and manner as the Department shall by rule and regulation
7prescribe. Proof that a claimant is eligible to receive
8disability benefits under the Federal Social Security Act shall
9constitute proof of disability for purposes of this Act.
10Issuance of an Illinois Disabled Person Identification Card
11stating that the claimant is under a Class 2 disability, as
12defined in Section 4A of The Illinois Identification Card Act,
13shall constitute proof that the person named thereon is a
14disabled person for purposes of this Act. A disabled person not
15covered under the Federal Social Security Act and not
16presenting a Disabled Person Identification Card stating that
17the claimant is under a Class 2 disability shall be examined by
18a physician designated by the Department, and his status as a
19disabled person determined using the same standards as used by
20the Social Security Administration. The costs of any required
21examination shall be borne by the claimant.
22    (c) For land improved with (i) an apartment building owned
23and operated as a cooperative or (ii) a life care facility as
24defined under Section 2 of the Life Care Facilities Act that is
25considered to be a cooperative, the maximum reduction from the
26value of the property, as equalized or assessed by the

 

 

HB2976 Engrossed- 198 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 199 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 200 -LRB097 06385 KTG 46467 b

1    Sec. 15-170. Senior Citizens Homestead Exemption. An
2annual homestead exemption limited, except as described here
3with relation to cooperatives or life care facilities, to a
4maximum reduction set forth below from the property's value, as
5equalized or assessed by the Department, is granted for
6property that is occupied as a residence by a person 65 years
7of age or older who is liable for paying real estate taxes on
8the property and is an owner of record of the property or has a
9legal or equitable interest therein as evidenced by a written
10instrument, except for a leasehold interest, other than a
11leasehold interest of land on which a single family residence
12is located, which is occupied as a residence by a person 65
13years or older who has an ownership interest therein, legal,
14equitable or as a lessee, and on which he or she is liable for
15the payment of property taxes. Before taxable year 2004, the
16maximum reduction shall be $2,500 in counties with 3,000,000 or
17more inhabitants and $2,000 in all other counties. For taxable
18years 2004 through 2005, the maximum reduction shall be $3,000
19in all counties. For taxable years 2006 and 2007, the maximum
20reduction shall be $3,500 and, for taxable years 2008 and
21thereafter, the maximum reduction is $4,000 in all counties.
22    For land improved with an apartment building owned and
23operated as a cooperative, the maximum reduction from the value
24of the property, as equalized by the Department, shall be
25multiplied by the number of apartments or units occupied by a
26person 65 years of age or older who is liable, by contract with

 

 

HB2976 Engrossed- 201 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 202 -LRB097 06385 KTG 46467 b

1MR/DD Community Care Act, the exemption shall continue so long
2as the residence continues to be occupied by the qualifying
3person's spouse if the spouse is 65 years of age or older, or
4if the residence remains unoccupied but is still owned by the
5person qualified for the homestead exemption.
6    A person who will be 65 years of age during the current
7assessment year shall be eligible to apply for the homestead
8exemption during that assessment year. Application shall be
9made during the application period in effect for the county of
10his residence.
11    Beginning with assessment year 2003, for taxes payable in
122004, property that is first occupied as a residence after
13January 1 of any assessment year by a person who is eligible
14for the senior citizens homestead exemption under this Section
15must be granted a pro-rata exemption for the assessment year.
16The amount of the pro-rata exemption is the exemption allowed
17in the county under this Section divided by 365 and multiplied
18by the number of days during the assessment year the property
19is occupied as a residence by a person eligible for the
20exemption under this Section. The chief county assessment
21officer must adopt reasonable procedures to establish
22eligibility for this pro-rata exemption.
23    The assessor or chief county assessment officer may
24determine the eligibility of a life care facility to receive
25the benefits provided by this Section, by affidavit,
26application, visual inspection, questionnaire or other

 

 

HB2976 Engrossed- 203 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 204 -LRB097 06385 KTG 46467 b

1the homestead exemption provided by this Section by
2application, visual inspection, questionnaire or other
3reasonable methods. The determination shall be made in
4accordance with guidelines established by the Department.
5    In counties with 3,000,000 or more inhabitants, beginning
6in taxable year 2010, each taxpayer who has been granted an
7exemption under this Section must reapply on an annual basis.
8The chief county assessment officer shall mail the application
9to the taxpayer. In counties with less than 3,000,000
10inhabitants, the county board may by resolution provide that if
11a person has been granted a homestead exemption under this
12Section, the person qualifying need not reapply for the
13exemption.
14    In counties with less than 3,000,000 inhabitants, if the
15assessor or chief county assessment officer requires annual
16application for verification of eligibility for an exemption
17once granted under this Section, the application shall be
18mailed to the taxpayer.
19    The assessor or chief county assessment officer shall
20notify each person who qualifies for an exemption under this
21Section that the person may also qualify for deferral of real
22estate taxes under the Senior Citizens Real Estate Tax Deferral
23Act. The notice shall set forth the qualifications needed for
24deferral of real estate taxes, the address and telephone number
25of county collector, and a statement that applications for
26deferral of real estate taxes may be obtained from the county

 

 

HB2976 Engrossed- 205 -LRB097 06385 KTG 46467 b

1collector.
2    Notwithstanding Sections 6 and 8 of the State Mandates Act,
3no reimbursement by the State is required for the
4implementation of any mandate created by this Section.
5(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
696-339, eff. 7-1-10; 96-355, eff. 1-1-10; 96-1000, eff. 7-2-10;
796-1418, eff. 8-2-10.)
 
8    (35 ILCS 200/15-172)
9    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
10Exemption.
11    (a) This Section may be cited as the Senior Citizens
12Assessment Freeze Homestead Exemption.
13    (b) As used in this Section:
14    "Applicant" means an individual who has filed an
15application under this Section.
16    "Base amount" means the base year equalized assessed value
17of the residence plus the first year's equalized assessed value
18of any added improvements which increased the assessed value of
19the residence after the base year.
20    "Base year" means the taxable year prior to the taxable
21year for which the applicant first qualifies and applies for
22the exemption provided that in the prior taxable year the
23property was improved with a permanent structure that was
24occupied as a residence by the applicant who was liable for
25paying real property taxes on the property and who was either

 

 

HB2976 Engrossed- 206 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 207 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 208 -LRB097 06385 KTG 46467 b

1        (4) $50,000 in taxable years 2006 and 2007; and
2        (5) $55,000 in taxable year 2008 and thereafter.
3    "Residence" means the principal dwelling place and
4appurtenant structures used for residential purposes in this
5State occupied on January 1 of the taxable year by a household
6and so much of the surrounding land, constituting the parcel
7upon which the dwelling place is situated, as is used for
8residential purposes. If the Chief County Assessment Officer
9has established a specific legal description for a portion of
10property constituting the residence, then that portion of
11property shall be deemed the residence for the purposes of this
12Section.
13    "Taxable year" means the calendar year during which ad
14valorem property taxes payable in the next succeeding year are
15levied.
16    (c) Beginning in taxable year 1994, a senior citizens
17assessment freeze homestead exemption is granted for real
18property that is improved with a permanent structure that is
19occupied as a residence by an applicant who (i) is 65 years of
20age or older during the taxable year, (ii) has a household
21income that does not exceed the maximum income limitation,
22(iii) is liable for paying real property taxes on the property,
23and (iv) is an owner of record of the property or has a legal or
24equitable interest in the property as evidenced by a written
25instrument. This homestead exemption shall also apply to a
26leasehold interest in a parcel of property improved with a

 

 

HB2976 Engrossed- 209 -LRB097 06385 KTG 46467 b

1permanent structure that is a single family residence that is
2occupied as a residence by a person who (i) is 65 years of age
3or older during the taxable year, (ii) has a household income
4that does not exceed the maximum income limitation, (iii) has a
5legal or equitable ownership interest in the property as
6lessee, and (iv) is liable for the payment of real property
7taxes on that property.
8    In counties of 3,000,000 or more inhabitants, the amount of
9the exemption for all taxable years is the equalized assessed
10value of the residence in the taxable year for which
11application is made minus the base amount. In all other
12counties, the amount of the exemption is as follows: (i)
13through taxable year 2005 and for taxable year 2007 and
14thereafter, the amount of this exemption shall be the equalized
15assessed value of the residence in the taxable year for which
16application is made minus the base amount; and (ii) for taxable
17year 2006, the amount of the exemption is as follows:
18        (1) For an applicant who has a household income of
19    $45,000 or less, the amount of the exemption is the
20    equalized assessed value of the residence in the taxable
21    year for which application is made minus the base amount.
22        (2) For an applicant who has a household income
23    exceeding $45,000 but not exceeding $46,250, the amount of
24    the exemption is (i) the equalized assessed value of the
25    residence in the taxable year for which application is made
26    minus the base amount (ii) multiplied by 0.8.

 

 

HB2976 Engrossed- 210 -LRB097 06385 KTG 46467 b

1        (3) For an applicant who has a household income
2    exceeding $46,250 but not exceeding $47,500, the amount of
3    the exemption is (i) the equalized assessed value of the
4    residence in the taxable year for which application is made
5    minus the base amount (ii) multiplied by 0.6.
6        (4) For an applicant who has a household income
7    exceeding $47,500 but not exceeding $48,750, the amount of
8    the exemption is (i) the equalized assessed value of the
9    residence in the taxable year for which application is made
10    minus the base amount (ii) multiplied by 0.4.
11        (5) For an applicant who has a household income
12    exceeding $48,750 but not exceeding $50,000, the amount of
13    the exemption is (i) the equalized assessed value of the
14    residence in the taxable year for which application is made
15    minus the base amount (ii) multiplied by 0.2.
16    When the applicant is a surviving spouse of an applicant
17for a prior year for the same residence for which an exemption
18under this Section has been granted, the base year and base
19amount for that residence are the same as for the applicant for
20the prior year.
21    Each year at the time the assessment books are certified to
22the County Clerk, the Board of Review or Board of Appeals shall
23give to the County Clerk a list of the assessed values of
24improvements on each parcel qualifying for this exemption that
25were added after the base year for this parcel and that
26increased the assessed value of the property.

 

 

HB2976 Engrossed- 211 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 212 -LRB097 06385 KTG 46467 b

1owned by the qualified applicant for the homestead exemption.
2    Beginning January 1, 1997, when an individual dies who
3would have qualified for an exemption under this Section, and
4the surviving spouse does not independently qualify for this
5exemption because of age, the exemption under this Section
6shall be granted to the surviving spouse for the taxable year
7preceding and the taxable year of the death, provided that,
8except for age, the surviving spouse meets all other
9qualifications for the granting of this exemption for those
10years.
11    When married persons maintain separate residences, the
12exemption provided for in this Section may be claimed by only
13one of such persons and for only one residence.
14    For taxable year 1994 only, in counties having less than
153,000,000 inhabitants, to receive the exemption, a person shall
16submit an application by February 15, 1995 to the Chief County
17Assessment Officer of the county in which the property is
18located. In counties having 3,000,000 or more inhabitants, for
19taxable year 1994 and all subsequent taxable years, to receive
20the exemption, a person may submit an application to the Chief
21County Assessment Officer of the county in which the property
22is located during such period as may be specified by the Chief
23County Assessment Officer. The Chief County Assessment Officer
24in counties of 3,000,000 or more inhabitants shall annually
25give notice of the application period by mail or by
26publication. In counties having less than 3,000,000

 

 

HB2976 Engrossed- 213 -LRB097 06385 KTG 46467 b

1inhabitants, beginning with taxable year 1995 and thereafter,
2to receive the exemption, a person shall submit an application
3by July 1 of each taxable year to the Chief County Assessment
4Officer of the county in which the property is located. A
5county may, by ordinance, establish a date for submission of
6applications that is different than July 1. The applicant shall
7submit with the application an affidavit of the applicant's
8total household income, age, marital status (and if married the
9name and address of the applicant's spouse, if known), and
10principal dwelling place of members of the household on January
111 of the taxable year. The Department shall establish, by rule,
12a method for verifying the accuracy of affidavits filed by
13applicants under this Section, and the Chief County Assessment
14Officer may conduct audits of any taxpayer claiming an
15exemption under this Section to verify that the taxpayer is
16eligible to receive the exemption. Each application shall
17contain or be verified by a written declaration that it is made
18under the penalties of perjury. A taxpayer's signing a
19fraudulent application under this Act is perjury, as defined in
20Section 32-2 of the Criminal Code of 1961. The applications
21shall be clearly marked as applications for the Senior Citizens
22Assessment Freeze Homestead Exemption and must contain a notice
23that any taxpayer who receives the exemption is subject to an
24audit by the Chief County Assessment Officer.
25    Notwithstanding any other provision to the contrary, in
26counties having fewer than 3,000,000 inhabitants, if an

 

 

HB2976 Engrossed- 214 -LRB097 06385 KTG 46467 b

1applicant fails to file the application required by this
2Section in a timely manner and this failure to file is due to a
3mental or physical condition sufficiently severe so as to
4render the applicant incapable of filing the application in a
5timely manner, the Chief County Assessment Officer may extend
6the filing deadline for a period of 30 days after the applicant
7regains the capability to file the application, but in no case
8may the filing deadline be extended beyond 3 months of the
9original filing deadline. In order to receive the extension
10provided in this paragraph, the applicant shall provide the
11Chief County Assessment Officer with a signed statement from
12the applicant's physician stating the nature and extent of the
13condition, that, in the physician's opinion, the condition was
14so severe that it rendered the applicant incapable of filing
15the application in a timely manner, and the date on which the
16applicant regained the capability to file the application.
17    Beginning January 1, 1998, notwithstanding any other
18provision to the contrary, in counties having fewer than
193,000,000 inhabitants, if an applicant fails to file the
20application required by this Section in a timely manner and
21this failure to file is due to a mental or physical condition
22sufficiently severe so as to render the applicant incapable of
23filing the application in a timely manner, the Chief County
24Assessment Officer may extend the filing deadline for a period
25of 3 months. In order to receive the extension provided in this
26paragraph, the applicant shall provide the Chief County

 

 

HB2976 Engrossed- 215 -LRB097 06385 KTG 46467 b

1Assessment Officer with a signed statement from the applicant's
2physician stating the nature and extent of the condition, and
3that, in the physician's opinion, the condition was so severe
4that it rendered the applicant incapable of filing the
5application in a timely manner.
6    In counties having less than 3,000,000 inhabitants, if an
7applicant was denied an exemption in taxable year 1994 and the
8denial occurred due to an error on the part of an assessment
9official, or his or her agent or employee, then beginning in
10taxable year 1997 the applicant's base year, for purposes of
11determining the amount of the exemption, shall be 1993 rather
12than 1994. In addition, in taxable year 1997, the applicant's
13exemption shall also include an amount equal to (i) the amount
14of any exemption denied to the applicant in taxable year 1995
15as a result of using 1994, rather than 1993, as the base year,
16(ii) the amount of any exemption denied to the applicant in
17taxable year 1996 as a result of using 1994, rather than 1993,
18as the base year, and (iii) the amount of the exemption
19erroneously denied for taxable year 1994.
20    For purposes of this Section, a person who will be 65 years
21of age during the current taxable year shall be eligible to
22apply for the homestead exemption during that taxable year.
23Application shall be made during the application period in
24effect for the county of his or her residence.
25    The Chief County Assessment Officer may determine the
26eligibility of a life care facility that qualifies as a

 

 

HB2976 Engrossed- 216 -LRB097 06385 KTG 46467 b

1cooperative to receive the benefits provided by this Section by
2use of an affidavit, application, visual inspection,
3questionnaire, or other reasonable method in order to insure
4that the tax savings resulting from the exemption are credited
5by the management firm to the apportioned tax liability of each
6qualifying resident. The Chief County Assessment Officer may
7request reasonable proof that the management firm has so
8credited that exemption.
9    Except as provided in this Section, all information
10received by the chief county assessment officer or the
11Department from applications filed under this Section, or from
12any investigation conducted under the provisions of this
13Section, shall be confidential, except for official purposes or
14pursuant to official procedures for collection of any State or
15local tax or enforcement of any civil or criminal penalty or
16sanction imposed by this Act or by any statute or ordinance
17imposing a State or local tax. Any person who divulges any such
18information in any manner, except in accordance with a proper
19judicial order, is guilty of a Class A misdemeanor.
20    Nothing contained in this Section shall prevent the
21Director or chief county assessment officer from publishing or
22making available reasonable statistics concerning the
23operation of the exemption contained in this Section in which
24the contents of claims are grouped into aggregates in such a
25way that information contained in any individual claim shall
26not be disclosed.

 

 

HB2976 Engrossed- 217 -LRB097 06385 KTG 46467 b

1    (d) Each Chief County Assessment Officer shall annually
2publish a notice of availability of the exemption provided
3under this Section. The notice shall be published at least 60
4days but no more than 75 days prior to the date on which the
5application must be submitted to the Chief County Assessment
6Officer of the county in which the property is located. The
7notice shall appear in a newspaper of general circulation in
8the county.
9    Notwithstanding Sections 6 and 8 of the State Mandates Act,
10no reimbursement by the State is required for the
11implementation of any mandate created by this Section.
12(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10;
1396-355, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
14    Section 42. The Counties Code is amended by changing
15Section 5-25013 as follows:
 
16    (55 ILCS 5/5-25013)  (from Ch. 34, par. 5-25013)
17    Sec. 5-25013. Organization of board; powers and duties.
18    (A) The board of health of each county or multiple-county
19health department shall, immediately after appointment, meet
20and organize, by the election of one of its number as president
21and one as secretary, and either from its number or otherwise,
22a treasurer and such other officers as it may deem necessary. A
23board of health may make and adopt such rules for its own
24guidance and for the government of the health department as may

 

 

HB2976 Engrossed- 218 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 219 -LRB097 06385 KTG 46467 b

1        7. Within its jurisdiction, and professional and
2    technical competence, investigate the existence of any
3    contagious or infectious disease and adopt measures, not
4    inconsistent with the regulations of the State Department
5    of Public Health, to arrest the progress of the same;
6        8. Within its jurisdiction, and professional and
7    technical competence, make all necessary sanitary and
8    health investigations and inspections;
9        9. Upon request, give professional advice and
10    information to all city, village, incorporated town and
11    school authorities, within its jurisdiction, in all
12    matters pertaining to sanitation and public health;
13        10. Appoint a medical health officer as the executive
14    officer for the department, who shall be a citizen of the
15    United States and shall possess such qualifications as may
16    be prescribed by the State Department of Public Health; or
17    appoint a public health administrator who shall possess
18    such qualifications as may be prescribed by the State
19    Department of Public Health as the executive officer for
20    the department, provided that the board of health shall
21    make available medical supervision which is considered
22    adequate by the Director of Public Health;
23        10 1/2. Appoint such professional employees as may be
24    approved by the executive officer who meet the
25    qualification requirements of the State Department of
26    Public Health for their respective positions provided,

 

 

HB2976 Engrossed- 220 -LRB097 06385 KTG 46467 b

1    that in those health departments temporarily without a
2    medical health officer or public health administrator
3    approval by the State Department of Public Health shall
4    suffice;
5        11. Appoint such other officers and employees as may be
6    necessary;
7        12. Prescribe the powers and duties of all officers and
8    employees, fix their compensation, and authorize payment
9    of the same and all other department expenses from the
10    County Health Fund of the county or counties concerned;
11        13. Submit an annual budget to the county board or
12    boards;
13        14. Submit an annual report to the county board or
14    boards, explaining all of its activities and expenditures;
15        15. Establish and carry out programs and services in
16    mental health, including intellectual disabilities mental
17    retardation and alcoholism and substance abuse, not
18    inconsistent with the regulations of the Department of
19    Human Services;
20        16. Consult with all other private and public health
21    agencies in the county in the development of local plans
22    for the most efficient delivery of health services.
23    (B) The board of health of each county or multiple-county
24health department may:
25        1. Initiate and carry out programs and activities of
26    all kinds, not inconsistent with law, that may be deemed

 

 

HB2976 Engrossed- 221 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 222 -LRB097 06385 KTG 46467 b

1    Section shall be deposited into the County Health Fund or
2    to the account of the multiple-county health department.
3        7. Enter into multiple year employment contracts with
4    the medical health officer or public health administrator
5    as may be necessary for the recruitment and retention of
6    personnel and the proper functioning of the health
7    department.
8    (C) The board of health of a multiple-county health
9department may hire attorneys to represent and advise the
10department concerning matters that are not within the exclusive
11jurisdiction of the State's Attorney of one of the counties
12that created the department.
13(Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)
 
14    Section 45. The County Care for Persons with Developmental
15Disabilities Act is amended by changing the title of the Act
16and by changing Sections 1, 1.1, and 1.2 as follows:
 
17    (55 ILCS 105/Act title)
18An Act concerning the care and treatment of persons who are
19intellectually disabled mentally retarded or under
20developmental disability.
 
21    (55 ILCS 105/1)  (from Ch. 91 1/2, par. 201)
22    Sec. 1. Facilities or services; tax levy. Any county may
23provide facilities or services for the benefit of its residents

 

 

HB2976 Engrossed- 223 -LRB097 06385 KTG 46467 b

1who are intellectually disabled mentally retarded or under a
2developmental disability and who are not eligible to
3participate in any such program conducted under Article 14 of
4the School Code, or may contract therefor with any privately or
5publicly operated entity which provides facilities or services
6either in or out of such county.
7    For such purpose, the county board may levy an annual tax
8of not to exceed .1% upon all of the taxable property in the
9county at the value thereof, as equalized or assessed by the
10Department of Revenue. Taxes first levied under this Section on
11or after the effective date of this amendatory Act of the 96th
12General Assembly are subject to referendum approval under
13Section 1.1 or 1.2 of this Act. Such tax shall be levied and
14collected in the same manner as other county taxes, but shall
15not be included in any limitation otherwise prescribed as to
16the rate or amount of county taxes but shall be in addition
17thereto and in excess thereof. When collected, such tax shall
18be paid into a special fund in the county treasury, to be
19designated as the "Fund for Persons With a Developmental
20Disability", and shall be used only for the purpose specified
21in this Section. The levying of this annual tax shall not
22preclude the county from the use of other federal, State, or
23local funds for the purpose of providing facilities or services
24for the care and treatment of its residents who are mentally
25retarded or under a developmental disability.
26(Source: P.A. 96-1350, eff. 7-28-10.)
 

 

 

HB2976 Engrossed- 224 -LRB097 06385 KTG 46467 b

1    (55 ILCS 105/1.1)
2    Sec. 1.1. Petition for submission to referendum by county.
3    (a) If, on and after the effective date of this amendatory
4Act of the 96th General Assembly, the county board passes an
5ordinance or resolution as provided in Section 1 of this Act
6asking that an annual tax may be levied for the purpose of
7providing facilities or services set forth in that Section and
8so instructs the county clerk, the clerk shall certify the
9proposition to the proper election officials for submission at
10the next general county election. The proposition shall be in
11substantially the following form:
12        Shall ..... County levy an annual tax not to exceed
13    0.1% upon the equalized assessed value of all taxable
14    property in the county for the purposes of providing
15    facilities or services for the benefit of its residents who
16    are intellectually disabled mentally retarded or under a
17    developmental disability and who are not eligible to
18    participate in any program provided under Article 14 of the
19    School Code, 105 ILCS 5/14.1-1.01 et seq., including
20    contracting for those facilities or services with any
21    privately or publicly operated entity that provides those
22    facilities or services either in or out of the county?
23    (b) If a majority of the votes cast upon the proposition
24are in favor thereof, such tax levy shall be authorized and the
25county shall levy a tax not to exceed the rate set forth in

 

 

HB2976 Engrossed- 225 -LRB097 06385 KTG 46467 b

1Section 1 of this Act.
2(Source: P.A. 96-1350, eff. 7-28-10.)
 
3    (55 ILCS 105/1.2)
4    Sec. 1.2. Petition for submission to referendum by
5electors.
6    (a) Whenever a petition for submission to referendum by the
7electors which requests the establishment and maintenance of
8facilities or services for the benefit of its residents with a
9developmental disability and the levy of an annual tax not to
10exceed 0.1% upon all the taxable property in the county at the
11value thereof, as equalized or assessed by the Department of
12Revenue, is signed by electors of the county equal in number to
13at least 10% of the total votes cast for the office that
14received the greatest total number of votes at the last
15preceding general county election and is presented to the
16county clerk, the clerk shall certify the proposition to the
17proper election authorities for submission at the next general
18county election. The proposition shall be in substantially the
19following form:
20        Shall ..... County levy an annual tax not to exceed
21    0.1% upon the equalized assessed value of all taxable
22    property in the county for the purposes of establishing and
23    maintaining facilities or services for the benefit of its
24    residents who are intellectually disabled mentally
25    retarded or under a developmental disability and who are

 

 

HB2976 Engrossed- 226 -LRB097 06385 KTG 46467 b

1    not eligible to participate in any program provided under
2    Article 14 of the School Code, 105 ILCS 5/14.1-1.01 et
3    seq., including contracting for those facilities or
4    services with any privately or publicly operated entity
5    that provides those facilities or services either in or out
6    of the county?
7    (b) If a majority of the votes cast upon the proposition
8are in favor thereof, such tax levy shall be authorized and the
9county shall levy a tax not to exceed the rate set forth in
10Section 1 of this Act.
11(Source: P.A. 96-1350, eff. 7-28-10.)
 
12    Section 50. The Township Code is amended by changing
13Sections 30-145, 190-10, and 260-5 as follows:
 
14    (60 ILCS 1/30-145)
15    Sec. 30-145. Mental health services. If a township is not
16included in a mental health district organized under the
17Community Mental Health Act, the electors may authorize the
18board of trustees to provide mental health services, including
19services for the alcoholic, the drug addicted, and the
20intellectually disabled mentally retarded, for residents of
21the township by disbursing existing funds if available by
22contracting with mental health agencies approved by the
23Department of Human Services, alcoholism treatment programs
24licensed by the Department of Public Health, and drug abuse

 

 

HB2976 Engrossed- 227 -LRB097 06385 KTG 46467 b

1facilities and other alcohol and drug abuse services approved
2by the Department of Human Services. To be eligible to receive
3township funds, an agency, program, facility, or other service
4provider must have been in existence for more than one year and
5must serve the township area.
6(Source: P.A. 89-507, eff. 7-1-97; 90-210, eff. 7-25-97.)
 
7    (60 ILCS 1/190-10)
8    Sec. 190-10. Mental health services. If a township is not
9included in a mental health district organized under the
10Community Mental Health Act, the township board may provide
11mental health services (including services for the alcoholic,
12the drug addicted, and the intellectually disabled mentally
13retarded) for residents of the township by disbursing funds,
14pursuant to an appropriation, to mental health agencies
15approved by the Department of Human Services, alcoholism
16treatment programs licensed by the Department of Public Health,
17drug abuse facilities approved by the Department of Human
18Services, and other alcoholism and drug abuse services approved
19by the Department of Human Services. To be eligible for
20township funds disbursed under this Section, an agency,
21program, facility, or other service provider must have been in
22existence for more than one year and serve the township area.
23(Source: P.A. 88-62; 89-507, eff. 7-1-97.)
 
24    (60 ILCS 1/260-5)

 

 

HB2976 Engrossed- 228 -LRB097 06385 KTG 46467 b

1    Sec. 260-5. Distributions from general fund, generally. To
2the extent that moneys in the township general fund have not
3been appropriated for other purposes, the township board may
4direct that distributions be made from that fund as follows:
5        (1) To (i) school districts maintaining grades 1
6    through 8 that are wholly or partly located within the
7    township or (ii) governmental units as defined in Section 1
8    of the Community Mental Health Act that provide mental
9    health facilities and services (including facilities and
10    services for the intellectually disabled mentally
11    retarded) under that Act within the township, or (iii)
12    both.
13        (2) To community action agencies that serve township
14    residents. "Community action agencies" are defined as in
15    Part A of Title II of the federal Economic Opportunity Act
16    of 1964.
17(Source: P.A. 82-783; 88-62.)
 
18    Section 55. The Public Health District Act is amended by
19changing Section 17 as follows:
 
20    (70 ILCS 905/17)  (from Ch. 111 1/2, par. 17)
21    Sec. 17. The medical health officer or administrator shall
22have power, and it shall be his or her duty:
23        (1) To be the executive officer of the board of health.
24        (2) To enforce and observe the rules, regulations and

 

 

HB2976 Engrossed- 229 -LRB097 06385 KTG 46467 b

1    orders of the State Department of Public Health and all
2    State laws pertaining to the preservation of the health of
3    the people within the public health district, including
4    regulations in which the State Department of Public Health
5    shall require provision of home visitation and other
6    services for pregnant women, new mothers and infants who
7    are at risk as defined by that Department that encompass
8    but are not limited to consultation for parental and child
9    development, comprehensive health education, nutritional
10    assessment, dental health, and periodic health screening,
11    referral and follow-up; the services shall be provided
12    through programs funded by grants from the Department of
13    Public Health from appropriations to the Department for
14    that purpose.
15        (3) To exercise the rights, powers and duties of all
16    township boards of health and county boards of health
17    within the public health district.
18        (4) To execute and enforce, within the public health
19    district, all city, village and incorporated town
20    ordinances relating to public health and sanitation.
21        (5) To investigate the existence of any contagious or
22    infectious disease within the public health district and to
23    adopt measures, with the approval of the State Department
24    of Public Health, to arrest the progress of the same.
25        (6) To make all necessary sanitary and health
26    investigations and inspections within the public health

 

 

HB2976 Engrossed- 230 -LRB097 06385 KTG 46467 b

1    district.
2        (7) To establish a dental clinic for the benefit of the
3    school children of the district.
4        (8) To give professional advice and information to all
5    city, village, incorporated town and school authorities
6    within the public health district in all matters pertaining
7    to sanitation and public health.
8        (9) To devote his or her entire time to his or her
9    official duties.
10        (10) To establish and execute programs and services in
11    the field of mental health, including intellectual
12    disabilities mental retardation, not inconsistent with the
13    regulations of the Department of Human Services.
14        (11) If approved by the board of health, to enter into
15    contracts with municipalities, other political
16    subdivisions and private agencies for the purchase, sale,
17    delivery or exchange of health services.
18(Source: P.A. 89-507, eff. 7-1-97.)
 
19    Section 56. The Regional Transportation Authority Act is
20amended by changing Section 4.03 as follows:
 
21    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
22    Sec. 4.03. Taxes.
23    (a) In order to carry out any of the powers or purposes of
24the Authority, the Board may by ordinance adopted with the

 

 

HB2976 Engrossed- 231 -LRB097 06385 KTG 46467 b

1concurrence of 12 of the then Directors, impose throughout the
2metropolitan region any or all of the taxes provided in this
3Section. Except as otherwise provided in this Act, taxes
4imposed under this Section and civil penalties imposed incident
5thereto shall be collected and enforced by the State Department
6of Revenue. The Department shall have the power to administer
7and enforce the taxes and to determine all rights for refunds
8for erroneous payments of the taxes. Nothing in this amendatory
9Act of the 95th General Assembly is intended to invalidate any
10taxes currently imposed by the Authority. The increased vote
11requirements to impose a tax shall only apply to actions taken
12after the effective date of this amendatory Act of the 95th
13General Assembly.
14    (b) The Board may impose a public transportation tax upon
15all persons engaged in the metropolitan region in the business
16of selling at retail motor fuel for operation of motor vehicles
17upon public highways. The tax shall be at a rate not to exceed
185% of the gross receipts from the sales of motor fuel in the
19course of the business. As used in this Act, the term "motor
20fuel" shall have the same meaning as in the Motor Fuel Tax Law.
21The Board may provide for details of the tax. The provisions of
22any tax shall conform, as closely as may be practicable, to the
23provisions of the Municipal Retailers Occupation Tax Act,
24including without limitation, conformity to penalties with
25respect to the tax imposed and as to the powers of the State
26Department of Revenue to promulgate and enforce rules and

 

 

HB2976 Engrossed- 232 -LRB097 06385 KTG 46467 b

1regulations relating to the administration and enforcement of
2the provisions of the tax imposed, except that reference in the
3Act to any municipality shall refer to the Authority and the
4tax shall be imposed only with regard to receipts from sales of
5motor fuel in the metropolitan region, at rates as limited by
6this Section.
7    (c) In connection with the tax imposed under paragraph (b)
8of this Section the Board may impose a tax upon the privilege
9of using in the metropolitan region motor fuel for the
10operation of a motor vehicle upon public highways, the tax to
11be at a rate not in excess of the rate of tax imposed under
12paragraph (b) of this Section. The Board may provide for
13details of the tax.
14    (d) The Board may impose a motor vehicle parking tax upon
15the privilege of parking motor vehicles at off-street parking
16facilities in the metropolitan region at which a fee is
17charged, and may provide for reasonable classifications in and
18exemptions to the tax, for administration and enforcement
19thereof and for civil penalties and refunds thereunder and may
20provide criminal penalties thereunder, the maximum penalties
21not to exceed the maximum criminal penalties provided in the
22Retailers' Occupation Tax Act. The Authority may collect and
23enforce the tax itself or by contract with any unit of local
24government. The State Department of Revenue shall have no
25responsibility for the collection and enforcement unless the
26Department agrees with the Authority to undertake the

 

 

HB2976 Engrossed- 233 -LRB097 06385 KTG 46467 b

1collection and enforcement. As used in this paragraph, the term
2"parking facility" means a parking area or structure having
3parking spaces for more than 2 vehicles at which motor vehicles
4are permitted to park in return for an hourly, daily, or other
5periodic fee, whether publicly or privately owned, but does not
6include parking spaces on a public street, the use of which is
7regulated by parking meters.
8    (e) The Board may impose a Regional Transportation
9Authority Retailers' Occupation Tax upon all persons engaged in
10the business of selling tangible personal property at retail in
11the metropolitan region. In Cook County the tax rate shall be
121.25% of the gross receipts from sales of food for human
13consumption that is to be consumed off the premises where it is
14sold (other than alcoholic beverages, soft drinks and food that
15has been prepared for immediate consumption) and prescription
16and nonprescription medicines, drugs, medical appliances and
17insulin, urine testing materials, syringes and needles used by
18diabetics, and 1% of the gross receipts from other taxable
19sales made in the course of that business. In DuPage, Kane,
20Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
21of the gross receipts from all taxable sales made in the course
22of that business. The tax imposed under this Section and all
23civil penalties that may be assessed as an incident thereof
24shall be collected and enforced by the State Department of
25Revenue. The Department shall have full power to administer and
26enforce this Section; to collect all taxes and penalties so

 

 

HB2976 Engrossed- 234 -LRB097 06385 KTG 46467 b

1collected in the manner hereinafter provided; and to determine
2all rights to credit memoranda arising on account of the
3erroneous payment of tax or penalty hereunder. In the
4administration of, and compliance with this Section, the
5Department and persons who are subject to this Section shall
6have the same rights, remedies, privileges, immunities, powers
7and duties, and be subject to the same conditions,
8restrictions, limitations, penalties, exclusions, exemptions
9and definitions of terms, and employ the same modes of
10procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
111e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
12therein other than the State rate of tax), 2c, 3 (except as to
13the disposition of taxes and penalties collected), 4, 5, 5a,
145b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
159, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
16Section 3-7 of the Uniform Penalty and Interest Act, as fully
17as if those provisions were set forth herein.
18    Persons subject to any tax imposed under the authority
19granted in this Section may reimburse themselves for their
20seller's tax liability hereunder by separately stating the tax
21as an additional charge, which charge may be stated in
22combination in a single amount with State taxes that sellers
23are required to collect under the Use Tax Act, under any
24bracket schedules the Department may prescribe.
25    Whenever the Department determines that a refund should be
26made under this Section to a claimant instead of issuing a

 

 

HB2976 Engrossed- 235 -LRB097 06385 KTG 46467 b

1credit memorandum, the Department shall notify the State
2Comptroller, who shall cause the warrant to be drawn for the
3amount specified, and to the person named, in the notification
4from the Department. The refund shall be paid by the State
5Treasurer out of the Regional Transportation Authority tax fund
6established under paragraph (n) of this Section.
7    If a tax is imposed under this subsection (e), a tax shall
8also be imposed under subsections (f) and (g) of this Section.
9    For the purpose of determining whether a tax authorized
10under this Section is applicable, a retail sale by a producer
11of coal or other mineral mined in Illinois, is a sale at retail
12at the place where the coal or other mineral mined in Illinois
13is extracted from the earth. This paragraph does not apply to
14coal or other mineral when it is delivered or shipped by the
15seller to the purchaser at a point outside Illinois so that the
16sale is exempt under the Federal Constitution as a sale in
17interstate or foreign commerce.
18    No tax shall be imposed or collected under this subsection
19on the sale of a motor vehicle in this State to a resident of
20another state if that motor vehicle will not be titled in this
21State.
22    Nothing in this Section shall be construed to authorize the
23Regional Transportation Authority to impose a tax upon the
24privilege of engaging in any business that under the
25Constitution of the United States may not be made the subject
26of taxation by this State.

 

 

HB2976 Engrossed- 236 -LRB097 06385 KTG 46467 b

1    (f) If a tax has been imposed under paragraph (e), a
2Regional Transportation Authority Service Occupation Tax shall
3also be imposed upon all persons engaged, in the metropolitan
4region in the business of making sales of service, who as an
5incident to making the sales of service, transfer tangible
6personal property within the metropolitan region, either in the
7form of tangible personal property or in the form of real
8estate as an incident to a sale of service. In Cook County, the
9tax rate shall be: (1) 1.25% of the serviceman's cost price of
10food prepared for immediate consumption and transferred
11incident to a sale of service subject to the service occupation
12tax by an entity licensed under the Hospital Licensing Act, the
13Nursing Home Care Act, or the ID/DD MR/DD Community Care Act
14that is located in the metropolitan region; (2) 1.25% of the
15selling price of food for human consumption that is to be
16consumed off the premises where it is sold (other than
17alcoholic beverages, soft drinks and food that has been
18prepared for immediate consumption) and prescription and
19nonprescription medicines, drugs, medical appliances and
20insulin, urine testing materials, syringes and needles used by
21diabetics; and (3) 1% of the selling price from other taxable
22sales of tangible personal property transferred. In DuPage,
23Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
24of the selling price of all tangible personal property
25transferred.
26    The tax imposed under this paragraph and all civil

 

 

HB2976 Engrossed- 237 -LRB097 06385 KTG 46467 b

1penalties that may be assessed as an incident thereof shall be
2collected and enforced by the State Department of Revenue. The
3Department shall have full power to administer and enforce this
4paragraph; to collect all taxes and penalties due hereunder; to
5dispose of taxes and penalties collected in the manner
6hereinafter provided; and to determine all rights to credit
7memoranda arising on account of the erroneous payment of tax or
8penalty hereunder. In the administration of and compliance with
9this paragraph, the Department and persons who are subject to
10this paragraph shall have the same rights, remedies,
11privileges, immunities, powers and duties, and be subject to
12the same conditions, restrictions, limitations, penalties,
13exclusions, exemptions and definitions of terms, and employ the
14same modes of procedure, as are prescribed in Sections 1a-1, 2,
152a, 3 through 3-50 (in respect to all provisions therein other
16than the State rate of tax), 4 (except that the reference to
17the State shall be to the Authority), 5, 7, 8 (except that the
18jurisdiction to which the tax shall be a debt to the extent
19indicated in that Section 8 shall be the Authority), 9 (except
20as to the disposition of taxes and penalties collected, and
21except that the returned merchandise credit for this tax may
22not be taken against any State tax), 10, 11, 12 (except the
23reference therein to Section 2b of the Retailers' Occupation
24Tax Act), 13 (except that any reference to the State shall mean
25the Authority), the first paragraph of Section 15, 16, 17, 18,
2619 and 20 of the Service Occupation Tax Act and Section 3-7 of

 

 

HB2976 Engrossed- 238 -LRB097 06385 KTG 46467 b

1the Uniform Penalty and Interest Act, as fully as if those
2provisions were set forth herein.
3    Persons subject to any tax imposed under the authority
4granted in this paragraph may reimburse themselves for their
5serviceman's tax liability hereunder by separately stating the
6tax as an additional charge, that charge may be stated in
7combination in a single amount with State tax that servicemen
8are authorized to collect under the Service Use Tax Act, under
9any bracket schedules the Department may prescribe.
10    Whenever the Department determines that a refund should be
11made under this paragraph to a claimant instead of issuing a
12credit memorandum, the Department shall notify the State
13Comptroller, who shall cause the warrant to be drawn for the
14amount specified, and to the person named in the notification
15from the Department. The refund shall be paid by the State
16Treasurer out of the Regional Transportation Authority tax fund
17established under paragraph (n) of this Section.
18    Nothing in this paragraph shall be construed to authorize
19the Authority to impose a tax upon the privilege of engaging in
20any business that under the Constitution of the United States
21may not be made the subject of taxation by the State.
22    (g) If a tax has been imposed under paragraph (e), a tax
23shall also be imposed upon the privilege of using in the
24metropolitan region, any item of tangible personal property
25that is purchased outside the metropolitan region at retail
26from a retailer, and that is titled or registered with an

 

 

HB2976 Engrossed- 239 -LRB097 06385 KTG 46467 b

1agency of this State's government. In Cook County the tax rate
2shall be 1% of the selling price of the tangible personal
3property, as "selling price" is defined in the Use Tax Act. In
4DuPage, Kane, Lake, McHenry and Will counties the tax rate
5shall be 0.75% of the selling price of the tangible personal
6property, as "selling price" is defined in the Use Tax Act. The
7tax shall be collected from persons whose Illinois address for
8titling or registration purposes is given as being in the
9metropolitan region. The tax shall be collected by the
10Department of Revenue for the Regional Transportation
11Authority. The tax must be paid to the State, or an exemption
12determination must be obtained from the Department of Revenue,
13before the title or certificate of registration for the
14property may be issued. The tax or proof of exemption may be
15transmitted to the Department by way of the State agency with
16which, or the State officer with whom, the tangible personal
17property must be titled or registered if the Department and the
18State agency or State officer determine that this procedure
19will expedite the processing of applications for title or
20registration.
21    The Department shall have full power to administer and
22enforce this paragraph; to collect all taxes, penalties and
23interest due hereunder; to dispose of taxes, penalties and
24interest collected in the manner hereinafter provided; and to
25determine all rights to credit memoranda or refunds arising on
26account of the erroneous payment of tax, penalty or interest

 

 

HB2976 Engrossed- 240 -LRB097 06385 KTG 46467 b

1hereunder. In the administration of and compliance with this
2paragraph, the Department and persons who are subject to this
3paragraph shall have the same rights, remedies, privileges,
4immunities, powers and duties, and be subject to the same
5conditions, restrictions, limitations, penalties, exclusions,
6exemptions and definitions of terms and employ the same modes
7of procedure, as are prescribed in Sections 2 (except the
8definition of "retailer maintaining a place of business in this
9State"), 3 through 3-80 (except provisions pertaining to the
10State rate of tax, and except provisions concerning collection
11or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
1219 (except the portions pertaining to claims by retailers and
13except the last paragraph concerning refunds), 20, 21 and 22 of
14the Use Tax Act, and are not inconsistent with this paragraph,
15as fully as if those provisions were set forth herein.
16    Whenever the Department determines that a refund should be
17made under this paragraph to a claimant instead of issuing a
18credit memorandum, the Department shall notify the State
19Comptroller, who shall cause the order to be drawn for the
20amount specified, and to the person named in the notification
21from the Department. The refund shall be paid by the State
22Treasurer out of the Regional Transportation Authority tax fund
23established under paragraph (n) of this Section.
24    (h) The Authority may impose a replacement vehicle tax of
25$50 on any passenger car as defined in Section 1-157 of the
26Illinois Vehicle Code purchased within the metropolitan region

 

 

HB2976 Engrossed- 241 -LRB097 06385 KTG 46467 b

1by or on behalf of an insurance company to replace a passenger
2car of an insured person in settlement of a total loss claim.
3The tax imposed may not become effective before the first day
4of the month following the passage of the ordinance imposing
5the tax and receipt of a certified copy of the ordinance by the
6Department of Revenue. The Department of Revenue shall collect
7the tax for the Authority in accordance with Sections 3-2002
8and 3-2003 of the Illinois Vehicle Code.
9    The Department shall immediately pay over to the State
10Treasurer, ex officio, as trustee, all taxes collected
11hereunder.
12    As soon as possible after the first day of each month,
13beginning January 1, 2011, upon certification of the Department
14of Revenue, the Comptroller shall order transferred, and the
15Treasurer shall transfer, to the STAR Bonds Revenue Fund the
16local sales tax increment, as defined in the Innovation
17Development and Economy Act, collected under this Section
18during the second preceding calendar month for sales within a
19STAR bond district.
20    After the monthly transfer to the STAR Bonds Revenue Fund,
21on or before the 25th day of each calendar month, the
22Department shall prepare and certify to the Comptroller the
23disbursement of stated sums of money to the Authority. The
24amount to be paid to the Authority shall be the amount
25collected hereunder during the second preceding calendar month
26by the Department, less any amount determined by the Department

 

 

HB2976 Engrossed- 242 -LRB097 06385 KTG 46467 b

1to be necessary for the payment of refunds, and less any
2amounts that are transferred to the STAR Bonds Revenue Fund.
3Within 10 days after receipt by the Comptroller of the
4disbursement certification to the Authority provided for in
5this Section to be given to the Comptroller by the Department,
6the Comptroller shall cause the orders to be drawn for that
7amount in accordance with the directions contained in the
8certification.
9    (i) The Board may not impose any other taxes except as it
10may from time to time be authorized by law to impose.
11    (j) A certificate of registration issued by the State
12Department of Revenue to a retailer under the Retailers'
13Occupation Tax Act or under the Service Occupation Tax Act
14shall permit the registrant to engage in a business that is
15taxed under the tax imposed under paragraphs (b), (e), (f) or
16(g) of this Section and no additional registration shall be
17required under the tax. A certificate issued under the Use Tax
18Act or the Service Use Tax Act shall be applicable with regard
19to any tax imposed under paragraph (c) of this Section.
20    (k) The provisions of any tax imposed under paragraph (c)
21of this Section shall conform as closely as may be practicable
22to the provisions of the Use Tax Act, including without
23limitation conformity as to penalties with respect to the tax
24imposed and as to the powers of the State Department of Revenue
25to promulgate and enforce rules and regulations relating to the
26administration and enforcement of the provisions of the tax

 

 

HB2976 Engrossed- 243 -LRB097 06385 KTG 46467 b

1imposed. The taxes shall be imposed only on use within the
2metropolitan region and at rates as provided in the paragraph.
3    (l) The Board in imposing any tax as provided in paragraphs
4(b) and (c) of this Section, shall, after seeking the advice of
5the State Department of Revenue, provide means for retailers,
6users or purchasers of motor fuel for purposes other than those
7with regard to which the taxes may be imposed as provided in
8those paragraphs to receive refunds of taxes improperly paid,
9which provisions may be at variance with the refund provisions
10as applicable under the Municipal Retailers Occupation Tax Act.
11The State Department of Revenue may provide for certificates of
12registration for users or purchasers of motor fuel for purposes
13other than those with regard to which taxes may be imposed as
14provided in paragraphs (b) and (c) of this Section to
15facilitate the reporting and nontaxability of the exempt sales
16or uses.
17    (m) Any ordinance imposing or discontinuing any tax under
18this Section shall be adopted and a certified copy thereof
19filed with the Department on or before June 1, whereupon the
20Department of Revenue shall proceed to administer and enforce
21this Section on behalf of the Regional Transportation Authority
22as of September 1 next following such adoption and filing.
23Beginning January 1, 1992, an ordinance or resolution imposing
24or discontinuing the tax hereunder shall be adopted and a
25certified copy thereof filed with the Department on or before
26the first day of July, whereupon the Department shall proceed

 

 

HB2976 Engrossed- 244 -LRB097 06385 KTG 46467 b

1to administer and enforce this Section as of the first day of
2October next following such adoption and filing. Beginning
3January 1, 1993, an ordinance or resolution imposing,
4increasing, decreasing, or discontinuing the tax hereunder
5shall be adopted and a certified copy thereof filed with the
6Department, whereupon the Department shall proceed to
7administer and enforce this Section as of the first day of the
8first month to occur not less than 60 days following such
9adoption and filing. Any ordinance or resolution of the
10Authority imposing a tax under this Section and in effect on
11August 1, 2007 shall remain in full force and effect and shall
12be administered by the Department of Revenue under the terms
13and conditions and rates of tax established by such ordinance
14or resolution until the Department begins administering and
15enforcing an increased tax under this Section as authorized by
16this amendatory Act of the 95th General Assembly. The tax rates
17authorized by this amendatory Act of the 95th General Assembly
18are effective only if imposed by ordinance of the Authority.
19    (n) The State Department of Revenue shall, upon collecting
20any taxes as provided in this Section, pay the taxes over to
21the State Treasurer as trustee for the Authority. The taxes
22shall be held in a trust fund outside the State Treasury. On or
23before the 25th day of each calendar month, the State
24Department of Revenue shall prepare and certify to the
25Comptroller of the State of Illinois and to the Authority (i)
26the amount of taxes collected in each County other than Cook

 

 

HB2976 Engrossed- 245 -LRB097 06385 KTG 46467 b

1County in the metropolitan region, (ii) the amount of taxes
2collected within the City of Chicago, and (iii) the amount
3collected in that portion of Cook County outside of Chicago,
4each amount less the amount necessary for the payment of
5refunds to taxpayers located in those areas described in items
6(i), (ii), and (iii). Within 10 days after receipt by the
7Comptroller of the certification of the amounts, the
8Comptroller shall cause an order to be drawn for the payment of
9two-thirds of the amounts certified in item (i) of this
10subsection to the Authority and one-third of the amounts
11certified in item (i) of this subsection to the respective
12counties other than Cook County and the amount certified in
13items (ii) and (iii) of this subsection to the Authority.
14    In addition to the disbursement required by the preceding
15paragraph, an allocation shall be made in July 1991 and each
16year thereafter to the Regional Transportation Authority. The
17allocation shall be made in an amount equal to the average
18monthly distribution during the preceding calendar year
19(excluding the 2 months of lowest receipts) and the allocation
20shall include the amount of average monthly distribution from
21the Regional Transportation Authority Occupation and Use Tax
22Replacement Fund. The distribution made in July 1992 and each
23year thereafter under this paragraph and the preceding
24paragraph shall be reduced by the amount allocated and
25disbursed under this paragraph in the preceding calendar year.
26The Department of Revenue shall prepare and certify to the

 

 

HB2976 Engrossed- 246 -LRB097 06385 KTG 46467 b

1Comptroller for disbursement the allocations made in
2accordance with this paragraph.
3    (o) Failure to adopt a budget ordinance or otherwise to
4comply with Section 4.01 of this Act or to adopt a Five-year
5Capital Program or otherwise to comply with paragraph (b) of
6Section 2.01 of this Act shall not affect the validity of any
7tax imposed by the Authority otherwise in conformity with law.
8    (p) At no time shall a public transportation tax or motor
9vehicle parking tax authorized under paragraphs (b), (c) and
10(d) of this Section be in effect at the same time as any
11retailers' occupation, use or service occupation tax
12authorized under paragraphs (e), (f) and (g) of this Section is
13in effect.
14    Any taxes imposed under the authority provided in
15paragraphs (b), (c) and (d) shall remain in effect only until
16the time as any tax authorized by paragraphs (e), (f) or (g) of
17this Section are imposed and becomes effective. Once any tax
18authorized by paragraphs (e), (f) or (g) is imposed the Board
19may not reimpose taxes as authorized in paragraphs (b), (c) and
20(d) of the Section unless any tax authorized by paragraphs (e),
21(f) or (g) of this Section becomes ineffective by means other
22than an ordinance of the Board.
23    (q) Any existing rights, remedies and obligations
24(including enforcement by the Regional Transportation
25Authority) arising under any tax imposed under paragraphs (b),
26(c) or (d) of this Section shall not be affected by the

 

 

HB2976 Engrossed- 247 -LRB097 06385 KTG 46467 b

1imposition of a tax under paragraphs (e), (f) or (g) of this
2Section.
3(Source: P.A. 95-708, eff. 1-18-08; 96-339, eff. 7-1-10;
496-939, eff. 6-24-10.)
 
5    Section 60. The School Code is amended by changing Sections
62-3.83, 14-1.03a, and 21-28 as follows:
 
7    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
8    Sec. 2-3.83. Individual transition plan model pilot
9program.
10    (a) The General Assembly finds that transition services for
11special education students in secondary schools are needed for
12the increasing numbers of students exiting school programs.
13Therefore, to ensure coordinated and timely delivery of
14services, the State shall establish a model pilot program to
15provide such services. Local school districts, using joint
16agreements and regional service delivery systems for special
17and vocational education selected by the Governor's Planning
18Council on Developmental Disabilities, shall have the primary
19responsibility to convene transition planning meetings for
20these students who will require post-school adult services.
21    (b) For purposes of this Section:
22        (1) "Post-secondary Service Provider" means a provider
23    of services for adults who have any developmental
24    disability as defined in Section 1-106 of the Mental Health

 

 

HB2976 Engrossed- 248 -LRB097 06385 KTG 46467 b

1    and Developmental Disabilities Code or who are disabled as
2    defined in the Disabled Persons Rehabilitation Act.
3        (2) "Individual Education Plan" means a written
4    statement for an exceptional child that provides at least a
5    statement of: the child's present levels of educational
6    performance, annual goals and short-term instructional
7    objectives; specific special education and related
8    services; the extent of participation in the regular
9    education program; the projected dates for initiation of
10    services; anticipated duration of services; appropriate
11    objective criteria and evaluation procedures; and a
12    schedule for annual determination of short-term
13    objectives.
14        (3) "Individual Transition Plan" (ITP) means a
15    multi-agency informal assessment of a student's needs for
16    post-secondary adult services including but not limited to
17    employment, post-secondary education or training and
18    residential independent living.
19        (4) "Developmental Disability" means a disability
20    which is attributable to: (a) an intellectual disability
21    mental retardation, cerebral palsy, epilepsy or autism; or
22    to (b) any other condition which results in impairment
23    similar to that caused by an intellectual disability mental
24    retardation and which requires services similar to those
25    required by intellectually disabled mentally retarded
26    persons. Such disability must originate before the age of

 

 

HB2976 Engrossed- 249 -LRB097 06385 KTG 46467 b

1    18 years, be expected to continue indefinitely, and
2    constitute a substantial handicap.
3        (5) "Exceptional Characteristic" means any disabling
4    or exceptional characteristic which interferes with a
5    student's education including, but not limited to, a
6    determination that the student is severely or profoundly
7    mentally disabled, trainably mentally disabled,
8    deaf-blind, or has some other health impairment.
9    (c) The model pilot program required by this Section shall
10be established and administered by the Governor's Planning
11Council on Developmental Disabilities in conjunction with the
12case coordination pilot projects established by the Department
13of Human Services pursuant to Section 4.1 of the Community
14Services Act, as amended.
15    (d) The model pilot program shall include the following
16features:
17        (1) Written notice shall be sent to the student and,
18    when appropriate, his or her parent or guardian giving the
19    opportunity to consent to having the student's name and
20    relevant information shared with the local case
21    coordination unit and other appropriate State or local
22    agencies for purposes of inviting participants to the
23    individual transition plan meeting.
24        (2) Meetings to develop and modify, as needed, an
25    Individual Transition Plan shall be conducted annually for
26    all students with a developmental disability in the pilot

 

 

HB2976 Engrossed- 250 -LRB097 06385 KTG 46467 b

1    program area who are age 16 or older and who are receiving
2    special education services for 50% or more of their public
3    school program. These meetings shall be convened by the
4    local school district and conducted in conjunction with any
5    other regularly scheduled meetings such as the student's
6    annual individual educational plan meeting. The Governor's
7    Planning Council on Developmental Disabilities shall
8    cooperate with and may enter into any necessary written
9    agreements with the Department of Human Services and the
10    State Board of Education to identify the target group of
11    students for transition planning and the appropriate case
12    coordination unit to serve these individuals.
13        (3) The ITP meetings shall be co-chaired by the
14    individual education plan coordinator and the case
15    coordinator. The ITP meeting shall include but not be
16    limited to discussion of the following: the student's
17    projected date of exit from the public schools; his
18    projected post-school goals in the areas of employment,
19    residential living arrangement and post-secondary
20    education or training; specific school or post-school
21    services needed during the following year to achieve the
22    student's goals, including but not limited to vocational
23    evaluation, vocational education, work experience or
24    vocational training, placement assistance, independent
25    living skills training, recreational or leisure training,
26    income support, medical needs and transportation; and

 

 

HB2976 Engrossed- 251 -LRB097 06385 KTG 46467 b

1    referrals and linkage to needed services, including a
2    proposed time frame for services and the responsible agency
3    or provider. The individual transition plan shall be signed
4    by participants in the ITP discussion, including but not
5    limited to the student's parents or guardian, the student
6    (where appropriate), multi-disciplinary team
7    representatives from the public schools, the case
8    coordinator and any other individuals who have
9    participated in the ITP meeting at the discretion of the
10    individual education plan coordinator, the developmental
11    disability case coordinator or the parents or guardian.
12        (4) At least 10 days prior to the ITP meeting, the
13    parents or guardian of the student shall be notified in
14    writing of the time and place of the meeting by the local
15    school district. The ITP discussion shall be documented by
16    the assigned case coordinator, and an individual student
17    file shall be maintained by each case coordination unit.
18    One year following a student's exit from public school the
19    case coordinator shall conduct a follow up interview with
20    the student.
21        (5) Determinations with respect to individual
22    transition plans made under this Section shall not be
23    subject to any due process requirements prescribed in
24    Section 14-8.02 of this Code.
25    (e) (Blank).
26(Source: P.A. 91-96; eff. 7-9-99.)
 

 

 

HB2976 Engrossed- 252 -LRB097 06385 KTG 46467 b

1    (105 ILCS 5/14-1.03a)  (from Ch. 122, par. 14-1.03a)
2    Sec. 14-1.03a. Children with Specific Learning
3Disabilities.
4    "Children with Specific Learning Disabilities" means
5children between the ages of 3 and 21 years who have a disorder
6in one or more of the basic psychological processes involved in
7understanding or in using language, spoken or written, which
8disorder may manifest itself in imperfect ability to listen,
9think, speak, read, write, spell or do mathematical
10calculations. Such disorders include such conditions as
11perceptual disabilities, brain injury, minimal brain
12dysfunction, dyslexia, and developmental aphasia. Such term
13does not include children who have learning problems which are
14primarily the result of visual, hearing or motor disabilities,
15of an intellectual disability mental retardation, emotional
16disturbance or environmental disadvantage.
17(Source: P.A. 89-397, eff. 8-20-95.)
 
18    (105 ILCS 5/21-28)
19    Sec. 21-28. Special education teachers; categorical
20certification. The State Teacher Certification Board shall
21categorically certify a special education teacher in one or
22more of the following specialized categories of disability if
23the special education teacher applies and qualifies for such
24certification:

 

 

HB2976 Engrossed- 253 -LRB097 06385 KTG 46467 b

1        (1) Serious emotional disturbance.
2        (2) Learning disabilities.
3        (3) Autism.
4        (4) Intellectual disabilities Mental retardation.
5        (5) Orthopedic (physical) impairment.
6        (6) Traumatic brain injury.
7        (7) Other health impairment.
8(Source: P.A. 92-709, eff. 7-19-02.)
 
9    Section 65. The State Universities Civil Service Act is
10amended by changing Section 36s as follows:
 
11    (110 ILCS 70/36s)  (from Ch. 24 1/2, par. 38b18)
12    Sec. 36s. Supported employees.
13    (a) The Merit Board shall develop and implement a supported
14employment program. It shall be the goal of the program to
15appoint a minimum of 10 supported employees to State University
16civil service positions before June 30, 1992.
17    (b) The Merit Board shall designate a liaison to work with
18State agencies and departments, any funder or provider or both,
19and State universities in the implementation of a supported
20employment program.
21    (c) As used in this Section:
22        (1) "Supported employee" means any individual who:
23            (A) has a severe physical or mental disability
24        which seriously limits functional capacities,

 

 

HB2976 Engrossed- 254 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 255 -LRB097 06385 KTG 46467 b

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

 

 

HB2976 Engrossed- 256 -LRB097 06385 KTG 46467 b

1individuals hired as supported employees. The record shall
2include:
3        (1) the number of supported employees initially
4    appointed;
5        (2) the number of supported employees who successfully
6    complete the trial employment periods; and
7        (3) the number of permanent targeted positions by
8    titles.
9    (f) The Merit Board shall submit an annual report to the
10General Assembly regarding the employment progress of
11supported employees, with recommendations for legislative
12action.
13(Source: P.A. 89-507, eff. 7-1-97.)
 
14    Section 66. The Alternative Health Care Delivery Act is
15amended by changing Section 15 as follows:
 
16    (210 ILCS 3/15)
17    Sec. 15. License required. No health care facility or
18program that meets the definition and scope of an alternative
19health care model shall operate as such unless it is a
20participant in a demonstration program under this Act and
21licensed by the Department as an alternative health care model.
22The provisions of this Section as they relate to subacute care
23hospitals shall not apply to hospitals licensed under the
24Illinois Hospital Licensing Act or skilled nursing facilities

 

 

HB2976 Engrossed- 257 -LRB097 06385 KTG 46467 b

1licensed under the Illinois Nursing Home Care Act or the ID/DD
2MR/DD Community Care Act; provided, however, that the
3facilities shall not hold themselves out to the public as
4subacute care hospitals. The provisions of this Act concerning
5children's respite care centers shall not apply to any facility
6licensed under the Hospital Licensing Act, the Nursing Home
7Care Act, the ID/DD MR/DD Community Care Act, or the University
8of Illinois Hospital Act that provides respite care services to
9children.
10(Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10.)
 
11    Section 67. The Ambulatory Surgical Treatment Center Act is
12amended by changing Section 3 as follows:
 
13    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
14    Sec. 3. As used in this Act, unless the context otherwise
15requires, the following words and phrases shall have the
16meanings ascribed to them:
17    (A) "Ambulatory surgical treatment center" means any
18institution, place or building devoted primarily to the
19maintenance and operation of facilities for the performance of
20surgical procedures or any facility in which a medical or
21surgical procedure is utilized to terminate a pregnancy,
22irrespective of whether the facility is devoted primarily to
23this purpose. Such facility shall not provide beds or other
24accommodations for the overnight stay of patients; however,

 

 

HB2976 Engrossed- 258 -LRB097 06385 KTG 46467 b

1facilities devoted exclusively to the treatment of children may
2provide accommodations and beds for their patients for up to 23
3hours following admission. Individual patients shall be
4discharged in an ambulatory condition without danger to the
5continued well being of the patients or shall be transferred to
6a hospital.
7    The term "ambulatory surgical treatment center" does not
8include any of the following:
9        (1) Any institution, place, building or agency
10    required to be licensed pursuant to the "Hospital Licensing
11    Act", approved July 1, 1953, as amended.
12        (2) Any person or institution required to be licensed
13    pursuant to the Nursing Home Care Act or the ID/DD MR/DD
14    Community Care Act.
15        (3) Hospitals or ambulatory surgical treatment centers
16    maintained by the State or any department or agency
17    thereof, where such department or agency has authority
18    under law to establish and enforce standards for the
19    hospitals or ambulatory surgical treatment centers under
20    its management and control.
21        (4) Hospitals or ambulatory surgical treatment centers
22    maintained by the Federal Government or agencies thereof.
23        (5) Any place, agency, clinic, or practice, public or
24    private, whether organized for profit or not, devoted
25    exclusively to the performance of dental or oral surgical
26    procedures.

 

 

HB2976 Engrossed- 259 -LRB097 06385 KTG 46467 b

1    (B) "Person" means any individual, firm, partnership,
2corporation, company, association, or joint stock association,
3or the legal successor thereof.
4    (C) "Department" means the Department of Public Health of
5the State of Illinois.
6    (D) "Director" means the Director of the Department of
7Public Health of the State of Illinois.
8    (E) "Physician" means a person licensed to practice
9medicine in all of its branches in the State of Illinois.
10    (F) "Dentist" means a person licensed to practice dentistry
11under the Illinois Dental Practice Act.
12    (G) "Podiatrist" means a person licensed to practice
13podiatry under the Podiatric Medical Practice Act of 1987.
14(Source: P.A. 96-339, eff. 7-1-10.)
 
15    Section 68. The Assisted Living and Shared Housing Act is
16amended by changing Sections 10, 35, 55, and 145 as follows:
 
17    (210 ILCS 9/10)
18    Sec. 10. Definitions. For purposes of this Act:
19    "Activities of daily living" means eating, dressing,
20bathing, toileting, transferring, or personal hygiene.
21    "Assisted living establishment" or "establishment" means a
22home, building, residence, or any other place where sleeping
23accommodations are provided for at least 3 unrelated adults, at
24least 80% of whom are 55 years of age or older and where the

 

 

HB2976 Engrossed- 260 -LRB097 06385 KTG 46467 b

1following are provided consistent with the purposes of this
2Act:
3        (1) services consistent with a social model that is
4    based on the premise that the resident's unit in assisted
5    living and shared housing is his or her own home;
6        (2) community-based residential care for persons who
7    need assistance with activities of daily living, including
8    personal, supportive, and intermittent health-related
9    services available 24 hours per day, if needed, to meet the
10    scheduled and unscheduled needs of a resident;
11        (3) mandatory services, whether provided directly by
12    the establishment or by another entity arranged for by the
13    establishment, with the consent of the resident or
14    resident's representative; and
15        (4) a physical environment that is a homelike setting
16    that includes the following and such other elements as
17    established by the Department: individual living units
18    each of which shall accommodate small kitchen appliances
19    and contain private bathing, washing, and toilet
20    facilities, or private washing and toilet facilities with a
21    common bathing room readily accessible to each resident.
22    Units shall be maintained for single occupancy except in
23    cases in which 2 residents choose to share a unit.
24    Sufficient common space shall exist to permit individual
25    and group activities.
26    "Assisted living establishment" or "establishment" does

 

 

HB2976 Engrossed- 261 -LRB097 06385 KTG 46467 b

1not mean any of the following:
2        (1) A home, institution, or similar place operated by
3    the federal government or the State of Illinois.
4        (2) A long term care facility licensed under the
5    Nursing Home Care Act or a facility licensed under the
6    ID/DD MR/DD Community Care Act. However, a facility
7    licensed under either of those Acts may convert distinct
8    parts of the facility to assisted living. If the facility
9    elects to do so, the facility shall retain the Certificate
10    of Need for its nursing and sheltered care beds that were
11    converted.
12        (3) A hospital, sanitarium, or other institution, the
13    principal activity or business of which is the diagnosis,
14    care, and treatment of human illness and that is required
15    to be licensed under the Hospital Licensing Act.
16        (4) A facility for child care as defined in the Child
17    Care Act of 1969.
18        (5) A community living facility as defined in the
19    Community Living Facilities Licensing Act.
20        (6) A nursing home or sanitarium operated solely by and
21    for persons who rely exclusively upon treatment by
22    spiritual means through prayer in accordance with the creed
23    or tenants of a well-recognized church or religious
24    denomination.
25        (7) A facility licensed by the Department of Human
26    Services as a community-integrated living arrangement as

 

 

HB2976 Engrossed- 262 -LRB097 06385 KTG 46467 b

1    defined in the Community-Integrated Living Arrangements
2    Licensure and Certification Act.
3        (8) A supportive residence licensed under the
4    Supportive Residences Licensing Act.
5        (9) The portion of a life care facility as defined in
6    the Life Care Facilities Act not licensed as an assisted
7    living establishment under this Act; a life care facility
8    may apply under this Act to convert sections of the
9    community to assisted living.
10        (10) A free-standing hospice facility licensed under
11    the Hospice Program Licensing Act.
12        (11) A shared housing establishment.
13        (12) A supportive living facility as described in
14    Section 5-5.01a of the Illinois Public Aid Code.
15    "Department" means the Department of Public Health.
16    "Director" means the Director of Public Health.
17    "Emergency situation" means imminent danger of death or
18serious physical harm to a resident of an establishment.
19    "License" means any of the following types of licenses
20issued to an applicant or licensee by the Department:
21        (1) "Probationary license" means a license issued to an
22    applicant or licensee that has not held a license under
23    this Act prior to its application or pursuant to a license
24    transfer in accordance with Section 50 of this Act.
25        (2) "Regular license" means a license issued by the
26    Department to an applicant or licensee that is in

 

 

HB2976 Engrossed- 263 -LRB097 06385 KTG 46467 b

1    substantial compliance with this Act and any rules
2    promulgated under this Act.
3    "Licensee" means a person, agency, association,
4corporation, partnership, or organization that has been issued
5a license to operate an assisted living or shared housing
6establishment.
7    "Licensed health care professional" means a registered
8professional nurse, an advanced practice nurse, a physician
9assistant, and a licensed practical nurse.
10    "Mandatory services" include the following:
11        (1) 3 meals per day available to the residents prepared
12    by the establishment or an outside contractor;
13        (2) housekeeping services including, but not limited
14    to, vacuuming, dusting, and cleaning the resident's unit;
15        (3) personal laundry and linen services available to
16    the residents provided or arranged for by the
17    establishment;
18        (4) security provided 24 hours each day including, but
19    not limited to, locked entrances or building or contract
20    security personnel;
21        (5) an emergency communication response system, which
22    is a procedure in place 24 hours each day by which a
23    resident can notify building management, an emergency
24    response vendor, or others able to respond to his or her
25    need for assistance; and
26        (6) assistance with activities of daily living as

 

 

HB2976 Engrossed- 264 -LRB097 06385 KTG 46467 b

1    required by each resident.
2    "Negotiated risk" is the process by which a resident, or
3his or her representative, may formally negotiate with
4providers what risks each are willing and unwilling to assume
5in service provision and the resident's living environment. The
6provider assures that the resident and the resident's
7representative, if any, are informed of the risks of these
8decisions and of the potential consequences of assuming these
9risks.
10    "Owner" means the individual, partnership, corporation,
11association, or other person who owns an assisted living or
12shared housing establishment. In the event an assisted living
13or shared housing establishment is operated by a person who
14leases or manages the physical plant, which is owned by another
15person, "owner" means the person who operates the assisted
16living or shared housing establishment, except that if the
17person who owns the physical plant is an affiliate of the
18person who operates the assisted living or shared housing
19establishment and has significant control over the day to day
20operations of the assisted living or shared housing
21establishment, the person who owns the physical plant shall
22incur jointly and severally with the owner all liabilities
23imposed on an owner under this Act.
24    "Physician" means a person licensed under the Medical
25Practice Act of 1987 to practice medicine in all of its
26branches.

 

 

HB2976 Engrossed- 265 -LRB097 06385 KTG 46467 b

1    "Resident" means a person residing in an assisted living or
2shared housing establishment.
3    "Resident's representative" means a person, other than the
4owner, agent, or employee of an establishment or of the health
5care provider unless related to the resident, designated in
6writing by a resident to be his or her representative. This
7designation may be accomplished through the Illinois Power of
8Attorney Act, pursuant to the guardianship process under the
9Probate Act of 1975, or pursuant to an executed designation of
10representative form specified by the Department.
11    "Self" means the individual or the individual's designated
12representative.
13    "Shared housing establishment" or "establishment" means a
14publicly or privately operated free-standing residence for 16
15or fewer persons, at least 80% of whom are 55 years of age or
16older and who are unrelated to the owners and one manager of
17the residence, where the following are provided:
18        (1) services consistent with a social model that is
19    based on the premise that the resident's unit is his or her
20    own home;
21        (2) community-based residential care for persons who
22    need assistance with activities of daily living, including
23    housing and personal, supportive, and intermittent
24    health-related services available 24 hours per day, if
25    needed, to meet the scheduled and unscheduled needs of a
26    resident; and

 

 

HB2976 Engrossed- 266 -LRB097 06385 KTG 46467 b

1        (3) mandatory services, whether provided directly by
2    the establishment or by another entity arranged for by the
3    establishment, with the consent of the resident or the
4    resident's representative.
5    "Shared housing establishment" or "establishment" does not
6mean any of the following:
7        (1) A home, institution, or similar place operated by
8    the federal government or the State of Illinois.
9        (2) A long term care facility licensed under the
10    Nursing Home Care Act or a facility licensed under the
11    ID/DD MR/DD Community Care Act. A facility licensed under
12    either of those Acts may, however, convert sections of the
13    facility to assisted living. If the facility elects to do
14    so, the facility shall retain the Certificate of Need for
15    its nursing beds that were converted.
16        (3) A hospital, sanitarium, or other institution, the
17    principal activity or business of which is the diagnosis,
18    care, and treatment of human illness and that is required
19    to be licensed under the Hospital Licensing Act.
20        (4) A facility for child care as defined in the Child
21    Care Act of 1969.
22        (5) A community living facility as defined in the
23    Community Living Facilities Licensing Act.
24        (6) A nursing home or sanitarium operated solely by and
25    for persons who rely exclusively upon treatment by
26    spiritual means through prayer in accordance with the creed

 

 

HB2976 Engrossed- 267 -LRB097 06385 KTG 46467 b

1    or tenants of a well-recognized church or religious
2    denomination.
3        (7) A facility licensed by the Department of Human
4    Services as a community-integrated living arrangement as
5    defined in the Community-Integrated Living Arrangements
6    Licensure and Certification Act.
7        (8) A supportive residence licensed under the
8    Supportive Residences Licensing Act.
9        (9) A life care facility as defined in the Life Care
10    Facilities Act; a life care facility may apply under this
11    Act to convert sections of the community to assisted
12    living.
13        (10) A free-standing hospice facility licensed under
14    the Hospice Program Licensing Act.
15        (11) An assisted living establishment.
16        (12) A supportive living facility as described in
17    Section 5-5.01a of the Illinois Public Aid Code.
18    "Total assistance" means that staff or another individual
19performs the entire activity of daily living without
20participation by the resident.
21(Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10;
2296-975, eff. 7-2-10.)
 
23    (210 ILCS 9/35)
24    Sec. 35. Issuance of license.
25    (a) Upon receipt and review of an application for a license

 

 

HB2976 Engrossed- 268 -LRB097 06385 KTG 46467 b

1and review of the applicant establishment, the Director may
2issue a license if he or she finds:
3        (1) that the individual applicant, or the corporation,
4    partnership, or other entity if the applicant is not an
5    individual, is a person responsible and suitable to operate
6    or to direct or participate in the operation of an
7    establishment by virtue of financial capacity, appropriate
8    business or professional experience, a record of lawful
9    compliance with lawful orders of the Department and lack of
10    revocation of a license issued under this Act, the Nursing
11    Home Care Act, or the ID/DD MR/DD Community Care Act during
12    the previous 5 years;
13        (2) that the establishment is under the supervision of
14    a full-time director who is at least 21 years of age and
15    has a high school diploma or equivalent plus either:
16            (A) 2 years of management experience or 2 years of
17        experience in positions of progressive responsibility
18        in health care, housing with services, or adult day
19        care or providing similar services to the elderly; or
20            (B) 2 years of management experience or 2 years of
21        experience in positions of progressive responsibility
22        in hospitality and training in health care and housing
23        with services management as defined by rule;
24        (3) that the establishment has staff sufficient in
25    number with qualifications, adequate skills, education,
26    and experience to meet the 24 hour scheduled and

 

 

HB2976 Engrossed- 269 -LRB097 06385 KTG 46467 b

1    unscheduled needs of residents and who participate in
2    ongoing training to serve the resident population;
3        (4) that all employees who are subject to the Health
4    Care Worker Background Check Act meet the requirements of
5    that Act;
6        (5) that the applicant is in substantial compliance
7    with this Act and such other requirements for a license as
8    the Department by rule may establish under this Act;
9        (6) that the applicant pays all required fees;
10        (7) that the applicant has provided to the Department
11    an accurate disclosure document in accordance with the
12    Alzheimer's Disease and Related Dementias Special Care
13    Disclosure Act and in substantial compliance with Section
14    150 of this Act.
15    In addition to any other requirements set forth in this
16Act, as a condition of licensure under this Act, the director
17of an establishment must participate in at least 20 hours of
18training every 2 years to assist him or her in better meeting
19the needs of the residents of the establishment and managing
20the operation of the establishment.
21    Any license issued by the Director shall state the physical
22location of the establishment, the date the license was issued,
23and the expiration date. All licenses shall be valid for one
24year, except as provided in Sections 40 and 45. Each license
25shall be issued only for the premises and persons named in the
26application, and shall not be transferable or assignable.

 

 

HB2976 Engrossed- 270 -LRB097 06385 KTG 46467 b

1(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
295-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff.
37-1-10; 96-990, eff. 7-2-10.)
 
4    (210 ILCS 9/55)
5    Sec. 55. Grounds for denial of a license. An application
6for a license may be denied for any of the following reasons:
7        (1) failure to meet any of the standards set forth in
8    this Act or by rules adopted by the Department under this
9    Act;
10        (2) conviction of the applicant, or if the applicant is
11    a firm, partnership, or association, of any of its members,
12    or if a corporation, the conviction of the corporation or
13    any of its officers or stockholders, or of the person
14    designated to manage or supervise the establishment, of a
15    felony or of 2 or more misdemeanors involving moral
16    turpitude during the previous 5 years as shown by a
17    certified copy of the record of the court of conviction;
18        (3) personnel insufficient in number or unqualified by
19    training or experience to properly care for the residents;
20        (4) insufficient financial or other resources to
21    operate and conduct the establishment in accordance with
22    standards adopted by the Department under this Act;
23        (5) revocation of a license during the previous 5
24    years, if such prior license was issued to the individual
25    applicant, a controlling owner or controlling combination

 

 

HB2976 Engrossed- 271 -LRB097 06385 KTG 46467 b

1    of owners of the applicant; or any affiliate of the
2    individual applicant or controlling owner of the applicant
3    and such individual applicant, controlling owner of the
4    applicant or affiliate of the applicant was a controlling
5    owner of the prior license; provided, however, that the
6    denial of an application for a license pursuant to this
7    Section must be supported by evidence that the prior
8    revocation renders the applicant unqualified or incapable
9    of meeting or maintaining an establishment in accordance
10    with the standards and rules adopted by the Department
11    under this Act; or
12        (6) the establishment is not under the direct
13    supervision of a full-time director, as defined by rule.
14    The Department shall deny an application for a license if 6
15months after submitting its initial application the applicant
16has not provided the Department with all of the information
17required for review and approval or the applicant is not
18actively pursuing the processing of its application. In
19addition, the Department shall determine whether the applicant
20has violated any provision of the Nursing Home Care Act or the
21ID/DD MR/DD Community Care Act.
22(Source: P.A. 96-339, eff. 7-1-10.)
 
23    (210 ILCS 9/145)
24    Sec. 145. Conversion of facilities. Entities licensed as
25facilities under the Nursing Home Care Act or the ID/DD MR/DD

 

 

HB2976 Engrossed- 272 -LRB097 06385 KTG 46467 b

1Community Care Act may elect to convert to a license under this
2Act. Any facility that chooses to convert, in whole or in part,
3shall follow the requirements in the Nursing Home Care Act or
4the ID/DD MR/DD Community Care Act, as applicable, and rules
5promulgated under those Acts regarding voluntary closure and
6notice to residents. Any conversion of existing beds licensed
7under the Nursing Home Care Act or the ID/DD MR/DD Community
8Care Act to licensure under this Act is exempt from review by
9the Health Facilities and Services Review Board.
10(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1196-1000, eff. 7-2-10.)
 
12    Section 69. The Abuse Prevention Review Team Act is amended
13by changing Sections 10 and 50 as follows:
 
14    (210 ILCS 28/10)
15    Sec. 10. Definitions. As used in this Act, unless the
16context requires otherwise:
17    "Department" means the Department of Public Health.
18    "Director" means the Director of Public Health.
19    "Executive Council" means the Illinois Residential Health
20Care Facility Resident Sexual Assault and Death Review Teams
21Executive Council.
22    "Resident" means a person residing in and receiving
23personal care from a facility licensed under the Nursing Home
24Care Act or the ID/DD MR/DD Community Care Act.

 

 

HB2976 Engrossed- 273 -LRB097 06385 KTG 46467 b

1    "Review team" means a residential health care facility
2resident sexual assault and death review team appointed under
3this Act.
4(Source: P.A. 96-339, eff. 7-1-10.)
 
5    (210 ILCS 28/50)
6    Sec. 50. Funding. Notwithstanding any other provision of
7law, to the extent permitted by federal law, the Department
8shall use moneys from fines paid by facilities licensed under
9the Nursing Home Care Act or the ID/DD MR/DD Community Care Act
10for violating requirements for certification under Titles
11XVIII and XIX of the Social Security Act to implement the
12provisions of this Act. The Department shall use moneys
13deposited in the Long Term Care Monitor/Receiver Fund to pay
14the costs of implementing this Act that cannot be met by the
15use of federal civil monetary penalties.
16(Source: P.A. 96-339, eff. 7-1-10.)
 
17    Section 70. The Abused and Neglected Long Term Care
18Facility Residents Reporting Act is amended by changing
19Sections 3, 4, and 6 as follows:
 
20    (210 ILCS 30/3)  (from Ch. 111 1/2, par. 4163)
21    Sec. 3. As used in this Act unless the context otherwise
22requires:
23    a. "Department" means the Department of Public Health of

 

 

HB2976 Engrossed- 274 -LRB097 06385 KTG 46467 b

1the State of Illinois.
2    b. "Resident" means a person residing in and receiving
3personal care from a long term care facility, or residing in a
4mental health facility or developmental disability facility as
5defined in the Mental Health and Developmental Disabilities
6Code.
7    c. "Long term care facility" has the same meaning ascribed
8to such term in the Nursing Home Care Act, except that the term
9as used in this Act shall include any mental health facility or
10developmental disability facility as defined in the Mental
11Health and Developmental Disabilities Code. The term also
12includes any facility licensed under the ID/DD MR/DD Community
13Care Act.
14    d. "Abuse" means any physical injury, sexual abuse or
15mental injury inflicted on a resident other than by accidental
16means.
17    e. "Neglect" means a failure in a long term care facility
18to provide adequate medical or personal care or maintenance,
19which failure results in physical or mental injury to a
20resident or in the deterioration of a resident's physical or
21mental condition.
22    f. "Protective services" means services provided to a
23resident who has been abused or neglected, which may include,
24but are not limited to alternative temporary institutional
25placement, nursing care, counseling, other social services
26provided at the nursing home where the resident resides or at

 

 

HB2976 Engrossed- 275 -LRB097 06385 KTG 46467 b

1some other facility, personal care and such protective services
2of voluntary agencies as are available.
3    g. Unless the context otherwise requires, direct or
4indirect references in this Act to the programs, personnel,
5facilities, services, service providers, or service recipients
6of the Department of Human Services shall be construed to refer
7only to those programs, personnel, facilities, services,
8service providers, or service recipients that pertain to the
9Department of Human Services' mental health and developmental
10disabilities functions.
11(Source: P.A. 96-339, eff. 7-1-10.)
 
12    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)
13    Sec. 4. Any long term care facility administrator, agent or
14employee or any physician, hospital, surgeon, dentist,
15osteopath, chiropractor, podiatrist, accredited religious
16practitioner who provides treatment by spiritual means alone
17through prayer in accordance with the tenets and practices of
18the accrediting church, coroner, social worker, social
19services administrator, registered nurse, law enforcement
20officer, field personnel of the Department of Healthcare and
21Family Services, field personnel of the Illinois Department of
22Public Health and County or Municipal Health Departments,
23personnel of the Department of Human Services (acting as the
24successor to the Department of Mental Health and Developmental
25Disabilities or the Department of Public Aid), personnel of the

 

 

HB2976 Engrossed- 276 -LRB097 06385 KTG 46467 b

1Guardianship and Advocacy Commission, personnel of the State
2Fire Marshal, local fire department inspectors or other
3personnel, or personnel of the Illinois Department on Aging, or
4its subsidiary Agencies on Aging, or employee of a facility
5licensed under the Assisted Living and Shared Housing Act,
6having reasonable cause to believe any resident with whom they
7have direct contact has been subjected to abuse or neglect
8shall immediately report or cause a report to be made to the
9Department. Persons required to make reports or cause reports
10to be made under this Section include all employees of the
11State of Illinois who are involved in providing services to
12residents, including professionals providing medical or
13rehabilitation services and all other persons having direct
14contact with residents; and further include all employees of
15community service agencies who provide services to a resident
16of a public or private long term care facility outside of that
17facility. Any long term care surveyor of the Illinois
18Department of Public Health who has reasonable cause to believe
19in the course of a survey that a resident has been abused or
20neglected and initiates an investigation while on site at the
21facility shall be exempt from making a report under this
22Section but the results of any such investigation shall be
23forwarded to the central register in a manner and form
24described by the Department.
25    The requirement of this Act shall not relieve any long term
26care facility administrator, agent or employee of

 

 

HB2976 Engrossed- 277 -LRB097 06385 KTG 46467 b

1responsibility to report the abuse or neglect of a resident
2under Section 3-610 of the Nursing Home Care Act or under
3Section 3-610 of the ID/DD MR/DD Community Care Act.
4    In addition to the above persons required to report
5suspected resident abuse and neglect, any other person may make
6a report to the Department, or to any law enforcement officer,
7if such person has reasonable cause to suspect a resident has
8been abused or neglected.
9    This Section also applies to residents whose death occurs
10from suspected abuse or neglect before being found or brought
11to a hospital.
12    A person required to make reports or cause reports to be
13made under this Section who fails to comply with the
14requirements of this Section is guilty of a Class A
15misdemeanor.
16(Source: P.A. 96-339, eff. 7-1-10.)
 
17    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
18    Sec. 6. All reports of suspected abuse or neglect made
19under this Act shall be made immediately by telephone to the
20Department's central register established under Section 14 on
21the single, State-wide, toll-free telephone number established
22under Section 13, or in person or by telephone through the
23nearest Department office. No long term care facility
24administrator, agent or employee, or any other person, shall
25screen reports or otherwise withhold any reports from the

 

 

HB2976 Engrossed- 278 -LRB097 06385 KTG 46467 b

1Department, and no long term care facility, department of State
2government, or other agency shall establish any rules,
3criteria, standards or guidelines to the contrary. Every long
4term care facility, department of State government and other
5agency whose employees are required to make or cause to be made
6reports under Section 4 shall notify its employees of the
7provisions of that Section and of this Section, and provide to
8the Department documentation that such notification has been
9given. The Department of Human Services shall train all of its
10mental health and developmental disabilities employees in the
11detection and reporting of suspected abuse and neglect of
12residents. Reports made to the central register through the
13State-wide, toll-free telephone number shall be transmitted to
14appropriate Department offices and municipal health
15departments that have responsibility for licensing long term
16care facilities under the Nursing Home Care Act or the ID/DD
17MR/DD Community Care Act. All reports received through offices
18of the Department shall be forwarded to the central register,
19in a manner and form described by the Department. The
20Department shall be capable of receiving reports of suspected
21abuse and neglect 24 hours a day, 7 days a week. Reports shall
22also be made in writing deposited in the U.S. mail, postage
23prepaid, within 24 hours after having reasonable cause to
24believe that the condition of the resident resulted from abuse
25or neglect. Such reports may in addition be made to the local
26law enforcement agency in the same manner. However, in the

 

 

HB2976 Engrossed- 279 -LRB097 06385 KTG 46467 b

1event a report is made to the local law enforcement agency, the
2reporter also shall immediately so inform the Department. The
3Department shall initiate an investigation of each report of
4resident abuse and neglect under this Act, whether oral or
5written, as provided for in Section 3-702 of the Nursing Home
6Care Act or Section 3-702 of the ID/DD MR/DD Community Care
7Act, except that reports of abuse which indicate that a
8resident's life or safety is in imminent danger shall be
9investigated within 24 hours of such report. The Department may
10delegate to law enforcement officials or other public agencies
11the duty to perform such investigation.
12    With respect to investigations of reports of suspected
13abuse or neglect of residents of mental health and
14developmental disabilities institutions under the jurisdiction
15of the Department of Human Services, the Department shall
16transmit copies of such reports to the Department of State
17Police, the Department of Human Services, and the Inspector
18General appointed under Section 1-17 of the Department of Human
19Services Act. If the Department receives a report of suspected
20abuse or neglect of a recipient of services as defined in
21Section 1-123 of the Mental Health and Developmental
22Disabilities Code, the Department shall transmit copies of such
23report to the Inspector General and the Directors of the
24Guardianship and Advocacy Commission and the agency designated
25by the Governor pursuant to the Protection and Advocacy for
26Developmentally Disabled Persons Act. When requested by the

 

 

HB2976 Engrossed- 280 -LRB097 06385 KTG 46467 b

1Director of the Guardianship and Advocacy Commission, the
2agency designated by the Governor pursuant to the Protection
3and Advocacy for Developmentally Disabled Persons Act, or the
4Department of Financial and Professional Regulation, the
5Department, the Department of Human Services and the Department
6of State Police shall make available a copy of the final
7investigative report regarding investigations conducted by
8their respective agencies on incidents of suspected abuse or
9neglect of residents of mental health and developmental
10disabilities institutions or individuals receiving services at
11community agencies under the jurisdiction of the Department of
12Human Services. Such final investigative report shall not
13contain witness statements, investigation notes, draft
14summaries, results of lie detector tests, investigative files
15or other raw data which was used to compile the final
16investigative report. Specifically, the final investigative
17report of the Department of State Police shall mean the
18Director's final transmittal letter. The Department of Human
19Services shall also make available a copy of the results of
20disciplinary proceedings of employees involved in incidents of
21abuse or neglect to the Directors. All identifiable information
22in reports provided shall not be further disclosed except as
23provided by the Mental Health and Developmental Disabilities
24Confidentiality Act. Nothing in this Section is intended to
25limit or construe the power or authority granted to the agency
26designated by the Governor pursuant to the Protection and

 

 

HB2976 Engrossed- 281 -LRB097 06385 KTG 46467 b

1Advocacy for Developmentally Disabled Persons Act, pursuant to
2any other State or federal statute.
3    With respect to investigations of reported resident abuse
4or neglect, the Department shall effect with appropriate law
5enforcement agencies formal agreements concerning methods and
6procedures for the conduct of investigations into the criminal
7histories of any administrator, staff assistant or employee of
8the nursing home or other person responsible for the residents
9care, as well as for other residents in the nursing home who
10may be in a position to abuse, neglect or exploit the patient.
11Pursuant to the formal agreements entered into with appropriate
12law enforcement agencies, the Department may request
13information with respect to whether the person or persons set
14forth in this paragraph have ever been charged with a crime and
15if so, the disposition of those charges. Unless the criminal
16histories of the subjects involved crimes of violence or
17resident abuse or neglect, the Department shall be entitled
18only to information limited in scope to charges and their
19dispositions. In cases where prior crimes of violence or
20resident abuse or neglect are involved, a more detailed report
21can be made available to authorized representatives of the
22Department, pursuant to the agreements entered into with
23appropriate law enforcement agencies. Any criminal charges and
24their disposition information obtained by the Department shall
25be confidential and may not be transmitted outside the
26Department, except as required herein, to authorized

 

 

HB2976 Engrossed- 282 -LRB097 06385 KTG 46467 b

1representatives or delegates of the Department, and may not be
2transmitted to anyone within the Department who is not duly
3authorized to handle resident abuse or neglect investigations.
4    The Department shall effect formal agreements with
5appropriate law enforcement agencies in the various counties
6and communities to encourage cooperation and coordination in
7the handling of resident abuse or neglect cases pursuant to
8this Act. The Department shall adopt and implement methods and
9procedures to promote statewide uniformity in the handling of
10reports of abuse and neglect under this Act, and those methods
11and procedures shall be adhered to by personnel of the
12Department involved in such investigations and reporting. The
13Department shall also make information required by this Act
14available to authorized personnel within the Department, as
15well as its authorized representatives.
16    The Department shall keep a continuing record of all
17reports made pursuant to this Act, including indications of the
18final determination of any investigation and the final
19disposition of all reports.
20    The Department shall report annually to the General
21Assembly on the incidence of abuse and neglect of long term
22care facility residents, with special attention to residents
23who are mentally disabled. The report shall include but not be
24limited to data on the number and source of reports of
25suspected abuse or neglect filed under this Act, the nature of
26any injuries to residents, the final determination of

 

 

HB2976 Engrossed- 283 -LRB097 06385 KTG 46467 b

1investigations, the type and number of cases where abuse or
2neglect is determined to exist, and the final disposition of
3cases.
4(Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10.)
 
5    Section 71. The Nursing Home Care Act is amended by
6changing Sections 1-113 and 3-202.5 as follows:
 
7    (210 ILCS 45/1-113)  (from Ch. 111 1/2, par. 4151-113)
8    Sec. 1-113. "Facility" or "long-term care facility" means a
9private home, institution, building, residence, or any other
10place, whether operated for profit or not, or a county home for
11the infirm and chronically ill operated pursuant to Division
125-21 or 5-22 of the Counties Code, or any similar institution
13operated by a political subdivision of the State of Illinois,
14which provides, through its ownership or management, personal
15care, sheltered care or nursing for 3 or more persons, not
16related to the applicant or owner by blood or marriage. It
17includes skilled nursing facilities and intermediate care
18facilities as those terms are defined in Title XVIII and Title
19XIX of the Federal Social Security Act. It also includes homes,
20institutions, or other places operated by or under the
21authority of the Illinois Department of Veterans' Affairs.
22    "Facility" does not include the following:
23        (1) A home, institution, or other place operated by the
24    federal government or agency thereof, or by the State of

 

 

HB2976 Engrossed- 284 -LRB097 06385 KTG 46467 b

1    Illinois, other than homes, institutions, or other places
2    operated by or under the authority of the Illinois
3    Department of Veterans' Affairs;
4        (2) A hospital, sanitarium, or other institution whose
5    principal activity or business is the diagnosis, care, and
6    treatment of human illness through the maintenance and
7    operation as organized facilities therefor, which is
8    required to be licensed under the Hospital Licensing Act;
9        (3) Any "facility for child care" as defined in the
10    Child Care Act of 1969;
11        (4) Any "Community Living Facility" as defined in the
12    Community Living Facilities Licensing Act;
13        (5) Any "community residential alternative" as defined
14    in the Community Residential Alternatives Licensing Act;
15        (6) Any nursing home or sanatorium operated solely by
16    and for persons who rely exclusively upon treatment by
17    spiritual means through prayer, in accordance with the
18    creed or tenets of any well-recognized church or religious
19    denomination. However, such nursing home or sanatorium
20    shall comply with all local laws and rules relating to
21    sanitation and safety;
22        (7) Any facility licensed by the Department of Human
23    Services as a community-integrated living arrangement as
24    defined in the Community-Integrated Living Arrangements
25    Licensure and Certification Act;
26        (8) Any "Supportive Residence" licensed under the

 

 

HB2976 Engrossed- 285 -LRB097 06385 KTG 46467 b

1    Supportive Residences Licensing Act;
2        (9) Any "supportive living facility" in good standing
3    with the program established under Section 5-5.01a of the
4    Illinois Public Aid Code, except only for purposes of the
5    employment of persons in accordance with Section 3-206.01;
6        (10) Any assisted living or shared housing
7    establishment licensed under the Assisted Living and
8    Shared Housing Act, except only for purposes of the
9    employment of persons in accordance with Section 3-206.01;
10        (11) An Alzheimer's disease management center
11    alternative health care model licensed under the
12    Alternative Health Care Delivery Act; or
13        (12) A facility licensed under the ID/DD MR/DD
14    Community Care Act.
15(Source: P.A. 95-380, eff. 8-23-07; 96-339, eff. 7-1-10.)
 
16    (210 ILCS 45/3-202.5)
17    Sec. 3-202.5. Facility plan review; fees.
18    (a) Before commencing construction of a new facility or
19specified types of alteration or additions to an existing long
20term care facility involving major construction, as defined by
21rule by the Department, with an estimated cost greater than
22$100,000, architectural drawings and specifications for the
23facility shall be submitted to the Department for review and
24approval. A facility may submit architectural drawings and
25specifications for other construction projects for Department

 

 

HB2976 Engrossed- 286 -LRB097 06385 KTG 46467 b

1review according to subsection (b) that shall not be subject to
2fees under subsection (d). Review of drawings and
3specifications shall be conducted by an employee of the
4Department meeting the qualifications established by the
5Department of Central Management Services class specifications
6for such an individual's position or by a person contracting
7with the Department who meets those class specifications. Final
8approval of the drawings and specifications for compliance with
9design and construction standards shall be obtained from the
10Department before the alteration, addition, or new
11construction is begun.
12    (b) The Department shall inform an applicant in writing
13within 10 working days after receiving drawings and
14specifications and the required fee, if any, from the applicant
15whether the applicant's submission is complete or incomplete.
16Failure to provide the applicant with this notice within 10
17working days shall result in the submission being deemed
18complete for purposes of initiating the 60-day review period
19under this Section. If the submission is incomplete, the
20Department shall inform the applicant of the deficiencies with
21the submission in writing. If the submission is complete the
22required fee, if any, has been paid, the Department shall
23approve or disapprove drawings and specifications submitted to
24the Department no later than 60 days following receipt by the
25Department. The drawings and specifications shall be of
26sufficient detail, as provided by Department rule, to enable

 

 

HB2976 Engrossed- 287 -LRB097 06385 KTG 46467 b

1the Department to render a determination of compliance with
2design and construction standards under this Act. If the
3Department finds that the drawings are not of sufficient detail
4for it to render a determination of compliance, the plans shall
5be determined to be incomplete and shall not be considered for
6purposes of initiating the 60 day review period. If a
7submission of drawings and specifications is incomplete, the
8applicant may submit additional information. The 60-day review
9period shall not commence until the Department determines that
10a submission of drawings and specifications is complete or the
11submission is deemed complete. If the Department has not
12approved or disapproved the drawings and specifications within
1360 days, the construction, major alteration, or addition shall
14be deemed approved. If the drawings and specifications are
15disapproved, the Department shall state in writing, with
16specificity, the reasons for the disapproval. The entity
17submitting the drawings and specifications may submit
18additional information in response to the written comments from
19the Department or request a reconsideration of the disapproval.
20A final decision of approval or disapproval shall be made
21within 45 days of the receipt of the additional information or
22reconsideration request. If denied, the Department shall state
23the specific reasons for the denial.
24    (c) The Department shall provide written approval for
25occupancy pursuant to subsection (g) and shall not issue a
26violation to a facility as a result of a licensure or complaint

 

 

HB2976 Engrossed- 288 -LRB097 06385 KTG 46467 b

1survey based upon the facility's physical structure if:
2        (1) the Department reviewed and approved or deemed
3    approved the drawings and specifications for compliance
4    with design and construction standards;
5        (2) the construction, major alteration, or addition
6    was built as submitted;
7        (3) the law or rules have not been amended since the
8    original approval; and
9        (4) the conditions at the facility indicate that there
10    is a reasonable degree of safety provided for the
11    residents.
12    (d) The Department shall charge the following fees in
13connection with its reviews conducted before June 30, 2004
14under this Section:
15        (1) (Blank).
16        (2) (Blank).
17        (3) If the estimated dollar value of the alteration,
18    addition, or new construction is $100,000 or more but less
19    than $500,000, the fee shall be the greater of $2,400 or
20    1.2% of that value.
21        (4) If the estimated dollar value of the alteration,
22    addition, or new construction is $500,000 or more but less
23    than $1,000,000, the fee shall be the greater of $6,000 or
24    0.96% of that value.
25        (5) If the estimated dollar value of the alteration,
26    addition, or new construction is $1,000,000 or more but

 

 

HB2976 Engrossed- 289 -LRB097 06385 KTG 46467 b

1    less than $5,000,000, the fee shall be the greater of
2    $9,600 or 0.22% of that value.
3        (6) If the estimated dollar value of the alteration,
4    addition, or new construction is $5,000,000 or more, the
5    fee shall be the greater of $11,000 or 0.11% of that value,
6    but shall not exceed $40,000.
7    The fees provided in this subsection (d) shall not apply to
8major construction projects involving facility changes that
9are required by Department rule amendments.
10    The fees provided in this subsection (d) shall also not
11apply to major construction projects if 51% or more of the
12estimated cost of the project is attributed to capital
13equipment. For major construction projects where 51% or more of
14the estimated cost of the project is attributed to capital
15equipment, the Department shall by rule establish a fee that is
16reasonably related to the cost of reviewing the project.
17    The Department shall not commence the facility plan review
18process under this Section until the applicable fee has been
19paid.
20    (e) All fees received by the Department under this Section
21shall be deposited into the Health Facility Plan Review Fund, a
22special fund created in the State Treasury. All fees paid by
23long-term care facilities under subsection (d) shall be used
24only to cover the costs relating to the Department's review of
25long-term care facility projects under this Section. Moneys
26shall be appropriated from that Fund to the Department only to

 

 

HB2976 Engrossed- 290 -LRB097 06385 KTG 46467 b

1pay the costs of conducting reviews under this Section or under
2Section 3-202.5 of the ID/DD MR/DD Community Care Act. None of
3the moneys in the Health Facility Plan Review Fund shall be
4used to reduce the amount of General Revenue Fund moneys
5appropriated to the Department for facility plan reviews
6conducted pursuant to this Section.
7    (f) (1) The provisions of this amendatory Act of 1997
8    concerning drawings and specifications shall apply only to
9    drawings and specifications submitted to the Department on
10    or after October 1, 1997.
11        (2) On and after the effective date of this amendatory
12    Act of 1997 and before October 1, 1997, an applicant may
13    submit or resubmit drawings and specifications to the
14    Department and pay the fees provided in subsection (d). If
15    an applicant pays the fees provided in subsection (d) under
16    this paragraph (2), the provisions of subsection (b) shall
17    apply with regard to those drawings and specifications.
18    (g) The Department shall conduct an on-site inspection of
19the completed project no later than 30 days after notification
20from the applicant that the project has been completed and all
21certifications required by the Department have been received
22and accepted by the Department. The Department shall provide
23written approval for occupancy to the applicant within 5
24working days of the Department's final inspection, provided the
25applicant has demonstrated substantial compliance as defined
26by Department rule. Occupancy of new major construction is

 

 

HB2976 Engrossed- 291 -LRB097 06385 KTG 46467 b

1prohibited until Department approval is received, unless the
2Department has not acted within the time frames provided in
3this subsection (g), in which case the construction shall be
4deemed approved. Occupancy shall be authorized after any
5required health inspection by the Department has been
6conducted.
7    (h) The Department shall establish, by rule, a procedure to
8conduct interim on-site review of large or complex construction
9projects.
10    (i) The Department shall establish, by rule, an expedited
11process for emergency repairs or replacement of like equipment.
12    (j) Nothing in this Section shall be construed to apply to
13maintenance, upkeep, or renovation that does not affect the
14structural integrity of the building, does not add beds or
15services over the number for which the long-term care facility
16is licensed, and provides a reasonable degree of safety for the
17residents.
18(Source: P.A. 96-339, eff. 7-1-10.)
 
19    Section 72. The MR/DD Community Care Act is amended by
20changing Sections 1-101 and 1-113 as follows:
 
21    (210 ILCS 47/1-101)
22    Sec. 1-101. Short title. This Act may be cited as the ID/DD
23MR/DD Community Care Act.
24(Source: P.A. 96-339, eff. 7-1-10.)
 

 

 

HB2976 Engrossed- 292 -LRB097 06385 KTG 46467 b

1    (210 ILCS 47/1-113)
2    Sec. 1-113. Facility. "ID/DD MR/DD facility" or "facility"
3means an intermediate care facility for the developmentally
4disabled or a long-term care for under age 22 facility, whether
5operated for profit or not, which provides, through its
6ownership or management, personal care or nursing for 3 or more
7persons not related to the applicant or owner by blood or
8marriage. It includes intermediate care facilities for the
9intellectually disabled mentally retarded as the term is
10defined in Title XVIII and Title XIX of the federal Social
11Security Act.
12    "Facility" does not include the following:
13        (1) A home, institution, or other place operated by the
14    federal government or agency thereof, or by the State of
15    Illinois, other than homes, institutions, or other places
16    operated by or under the authority of the Illinois
17    Department of Veterans' Affairs;
18        (2) A hospital, sanitarium, or other institution whose
19    principal activity or business is the diagnosis, care, and
20    treatment of human illness through the maintenance and
21    operation as organized facilities therefore, which is
22    required to be licensed under the Hospital Licensing Act;
23        (3) Any "facility for child care" as defined in the
24    Child Care Act of 1969;
25        (4) Any "community living facility" as defined in the

 

 

HB2976 Engrossed- 293 -LRB097 06385 KTG 46467 b

1    Community Living Facilities Licensing Act;
2        (5) Any "community residential alternative" as defined
3    in the Community Residential Alternatives Licensing Act;
4        (6) Any nursing home or sanatorium operated solely by
5    and for persons who rely exclusively upon treatment by
6    spiritual means through prayer, in accordance with the
7    creed or tenets of any well recognized church or religious
8    denomination. However, such nursing home or sanatorium
9    shall comply with all local laws and rules relating to
10    sanitation and safety;
11        (7) Any facility licensed by the Department of Human
12    Services as a community-integrated living arrangement as
13    defined in the Community-Integrated Living Arrangements
14    Licensure and Certification Act;
15        (8) Any "supportive residence" licensed under the
16    Supportive Residences Licensing Act;
17        (9) Any "supportive living facility" in good standing
18    with the program established under Section 5-5.01a of the
19    Illinois Public Aid Code, except only for purposes of the
20    employment of persons in accordance with Section 3-206.01;
21        (10) Any assisted living or shared housing
22    establishment licensed under the Assisted Living and
23    Shared Housing Act, except only for purposes of the
24    employment of persons in accordance with Section 3-206.01;
25        (11) An Alzheimer's disease management center
26    alternative health care model licensed under the

 

 

HB2976 Engrossed- 294 -LRB097 06385 KTG 46467 b

1    Alternative Health Care Delivery Act; or
2        (12) A home, institution, or other place operated by or
3    under the authority of the Illinois Department of Veterans'
4    Affairs.
5(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
6    Section 73. The Home Health, Home Services, and Home
7Nursing Agency Licensing Act is amended by changing Section
82.08 as follows:
 
9    (210 ILCS 55/2.08)
10    Sec. 2.08. "Home services agency" means an agency that
11provides services directly, or acts as a placement agency, for
12the purpose of placing individuals as workers providing home
13services for consumers in their personal residences. "Home
14services agency" does not include agencies licensed under the
15Nurse Agency Licensing Act, the Hospital Licensing Act, the
16Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or
17the Assisted Living and Shared Housing Act and does not include
18an agency that limits its business exclusively to providing
19housecleaning services. Programs providing services
20exclusively through the Community Care Program of the Illinois
21Department on Aging, the Department of Human Services Office of
22Rehabilitation Services, or the United States Department of
23Veterans Affairs are not considered to be a home services
24agency under this Act.

 

 

HB2976 Engrossed- 295 -LRB097 06385 KTG 46467 b

1(Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09;
296-1000, eff. 7-2-10.)
 
3    Section 74. The Hospice Program Licensing Act is amended by
4changing Sections 3 and 4 as follows:
 
5    (210 ILCS 60/3)  (from Ch. 111 1/2, par. 6103)
6    Sec. 3. Definitions. As used in this Act, unless the
7context otherwise requires:
8    (a) "Bereavement" means the period of time during which the
9hospice patient's family experiences and adjusts to the death
10of the hospice patient.
11    (a-5) "Bereavement services" means counseling services
12provided to an individual's family after the individual's
13death.
14    (a-10) "Attending physician" means a physician who:
15        (1) is a doctor of medicine or osteopathy; and
16        (2) is identified by an individual, at the time the
17    individual elects to receive hospice care, as having the
18    most significant role in the determination and delivery of
19    the individual's medical care.
20    (b) "Department" means the Illinois Department of Public
21Health.
22    (c) "Director" means the Director of the Illinois
23Department of Public Health.
24    (d) "Hospice care" means a program of palliative care that

 

 

HB2976 Engrossed- 296 -LRB097 06385 KTG 46467 b

1provides for the physical, emotional, and spiritual care needs
2of a terminally ill patient and his or her family. The goal of
3such care is to achieve the highest quality of life as defined
4by the patient and his or her family through the relief of
5suffering and control of symptoms.
6    (e) "Hospice care team" means an interdisciplinary group or
7groups composed of individuals who provide or supervise the
8care and services offered by the hospice.
9    (f) "Hospice patient" means a terminally ill person
10receiving hospice services.
11    (g) "Hospice patient's family" means a hospice patient's
12immediate family consisting of a spouse, sibling, child, parent
13and those individuals designated as such by the patient for the
14purposes of this Act.
15    (g-1) "Hospice residence" means a separately licensed
16home, apartment building, or similar building providing living
17quarters:
18        (1) that is owned or operated by a person licensed to
19    operate as a comprehensive hospice; and
20        (2) at which hospice services are provided to facility
21    residents.
22    A building that is licensed under the Hospital Licensing
23Act, the Nursing Home Care Act, or the ID/DD MR/DD Community
24Care Act is not a hospice residence.
25    (h) "Hospice services" means a range of professional and
26other supportive services provided to a hospice patient and his

 

 

HB2976 Engrossed- 297 -LRB097 06385 KTG 46467 b

1or her family. These services may include, but are not limited
2to, physician services, nursing services, medical social work
3services, spiritual counseling services, bereavement services,
4and volunteer services.
5    (h-5) "Hospice program" means a licensed public agency or
6private organization, or a subdivision of either of those, that
7is primarily engaged in providing care to terminally ill
8individuals through a program of home care or inpatient care,
9or both home care and inpatient care, utilizing a medically
10directed interdisciplinary hospice care team of professionals
11or volunteers, or both professionals and volunteers. A hospice
12program may be licensed as a comprehensive hospice program or a
13volunteer hospice program.
14    (h-10) "Comprehensive hospice" means a program that
15provides hospice services and meets the minimum standards for
16certification under the Medicare program set forth in the
17Conditions of Participation in 42 CFR Part 418 but is not
18required to be Medicare-certified.
19    (i) "Palliative care" means the management of pain and
20other distressing symptoms that incorporates medical, nursing,
21psychosocial, and spiritual care according to the needs,
22values, beliefs, and culture or cultures of the patient and his
23or her family. The evaluation and treatment is
24patient-centered, with a focus on the central role of the
25family unit in decision-making.
26    (j) "Hospice service plan" means a plan detailing the

 

 

HB2976 Engrossed- 298 -LRB097 06385 KTG 46467 b

1specific hospice services offered by a comprehensive or
2volunteer hospice program, and the administrative and direct
3care personnel responsible for those services. The plan shall
4include but not be limited to:
5        (1) Identification of the person or persons
6    administratively responsible for the program.
7        (2) The estimated average monthly patient census.
8        (3) The proposed geographic area the hospice will
9    serve.
10        (4) A listing of those hospice services provided
11    directly by the hospice, and those hospice services
12    provided indirectly through a contractual agreement.
13        (5) The name and qualifications of those persons or
14    entities under contract to provide indirect hospice
15    services.
16        (6) The name and qualifications of those persons
17    providing direct hospice services, with the exception of
18    volunteers.
19        (7) A description of how the hospice plans to utilize
20    volunteers in the provision of hospice services.
21        (8) A description of the program's record keeping
22    system.
23    (k) "Terminally ill" means a medical prognosis by a
24physician licensed to practice medicine in all of its branches
25that a patient has an anticipated life expectancy of one year
26or less.

 

 

HB2976 Engrossed- 299 -LRB097 06385 KTG 46467 b

1    (l) "Volunteer" means a person who offers his or her
2services to a hospice without compensation. Reimbursement for a
3volunteer's expenses in providing hospice service shall not be
4considered compensation.
5    (l-5) "Employee" means a paid or unpaid member of the staff
6of a hospice program, or, if the hospice program is a
7subdivision of an agency or organization, of the agency or
8organization, who is appropriately trained and assigned to the
9hospice program. "Employee" also means a volunteer whose duties
10are prescribed by the hospice program and whose performance of
11those duties is supervised by the hospice program.
12    (l-10) "Representative" means an individual who has been
13authorized under State law to terminate an individual's medical
14care or to elect or revoke the election of hospice care on
15behalf of a terminally ill individual who is mentally or
16physically incapacitated.
17    (m) "Volunteer hospice" means a program which provides
18hospice services to patients regardless of their ability to
19pay, with emphasis on the utilization of volunteers to provide
20services, under the administration of a not-for-profit agency.
21This definition does not prohibit the employment of staff.
22(Source: P.A. 96-339, eff. 7-1-10.)
 
23    (210 ILCS 60/4)  (from Ch. 111 1/2, par. 6104)
24    Sec. 4. License.
25    (a) No person shall establish, conduct or maintain a

 

 

HB2976 Engrossed- 300 -LRB097 06385 KTG 46467 b

1comprehensive or volunteer hospice program without first
2obtaining a license from the Department. A hospice residence
3may be operated only at the locations listed on the license. A
4comprehensive hospice program owning or operating a hospice
5residence is not subject to the provisions of the Nursing Home
6Care Act or the ID/DD MR/DD Community Care Act in owning or
7operating a hospice residence.
8    (b) No public or private agency shall advertise or present
9itself to the public as a comprehensive or volunteer hospice
10program which provides hospice services without meeting the
11provisions of subsection (a).
12    (c) The license shall be valid only in the possession of
13the hospice to which it was originally issued and shall not be
14transferred or assigned to any other person, agency, or
15corporation.
16    (d) The license shall be renewed annually.
17    (e) The license shall be displayed in a conspicuous place
18inside the hospice program office.
19(Source: P.A. 96-339, eff. 7-1-10.)
 
20    Section 75. The Hospital Licensing Act is amended by
21changing Sections 3, 6.09, and 6.11 as follows:
 
22    (210 ILCS 85/3)
23    Sec. 3. As used in this Act:
24    (A) "Hospital" means any institution, place, building,

 

 

HB2976 Engrossed- 301 -LRB097 06385 KTG 46467 b

1buildings on a campus, or agency, public or private, whether
2organized for profit or not, devoted primarily to the
3maintenance and operation of facilities for the diagnosis and
4treatment or care of 2 or more unrelated persons admitted for
5overnight stay or longer in order to obtain medical, including
6obstetric, psychiatric and nursing, care of illness, disease,
7injury, infirmity, or deformity.
8    The term "hospital", without regard to length of stay,
9shall also include:
10        (a) any facility which is devoted primarily to
11    providing psychiatric and related services and programs
12    for the diagnosis and treatment or care of 2 or more
13    unrelated persons suffering from emotional or nervous
14    diseases;
15        (b) all places where pregnant females are received,
16    cared for, or treated during delivery irrespective of the
17    number of patients received.
18    The term "hospital" includes general and specialized
19hospitals, tuberculosis sanitaria, mental or psychiatric
20hospitals and sanitaria, and includes maternity homes,
21lying-in homes, and homes for unwed mothers in which care is
22given during delivery.
23    The term "hospital" does not include:
24        (1) any person or institution required to be licensed
25    pursuant to the Nursing Home Care Act or the ID/DD MR/DD
26    Community Care Act;

 

 

HB2976 Engrossed- 302 -LRB097 06385 KTG 46467 b

1        (2) hospitalization or care facilities maintained by
2    the State or any department or agency thereof, where such
3    department or agency has authority under law to establish
4    and enforce standards for the hospitalization or care
5    facilities under its management and control;
6        (3) hospitalization or care facilities maintained by
7    the federal government or agencies thereof;
8        (4) hospitalization or care facilities maintained by
9    any university or college established under the laws of
10    this State and supported principally by public funds raised
11    by taxation;
12        (5) any person or facility required to be licensed
13    pursuant to the Alcoholism and Other Drug Abuse and
14    Dependency Act;
15        (6) any facility operated solely by and for persons who
16    rely exclusively upon treatment by spiritual means through
17    prayer, in accordance with the creed or tenets of any
18    well-recognized church or religious denomination;
19        (7) an Alzheimer's disease management center
20    alternative health care model licensed under the
21    Alternative Health Care Delivery Act; or
22        (8) any veterinary hospital or clinic operated by a
23    veterinarian or veterinarians licensed under the
24    Veterinary Medicine and Surgery Practice Act of 2004 or
25    maintained by a State-supported or publicly funded
26    university or college.

 

 

HB2976 Engrossed- 303 -LRB097 06385 KTG 46467 b

1    (B) "Person" means the State, and any political subdivision
2or municipal corporation, individual, firm, partnership,
3corporation, company, association, or joint stock association,
4or the legal successor thereof.
5    (C) "Department" means the Department of Public Health of
6the State of Illinois.
7    (D) "Director" means the Director of Public Health of the
8State of Illinois.
9    (E) "Perinatal" means the period of time between the
10conception of an infant and the end of the first month after
11birth.
12    (F) "Federally designated organ procurement agency" means
13the organ procurement agency designated by the Secretary of the
14U.S. Department of Health and Human Services for the service
15area in which a hospital is located; except that in the case of
16a hospital located in a county adjacent to Wisconsin which
17currently contracts with an organ procurement agency located in
18Wisconsin that is not the organ procurement agency designated
19by the U.S. Secretary of Health and Human Services for the
20service area in which the hospital is located, if the hospital
21applies for a waiver pursuant to 42 USC 1320b-8(a), it may
22designate an organ procurement agency located in Wisconsin to
23be thereafter deemed its federally designated organ
24procurement agency for the purposes of this Act.
25    (G) "Tissue bank" means any facility or program operating
26in Illinois that is certified by the American Association of

 

 

HB2976 Engrossed- 304 -LRB097 06385 KTG 46467 b

1Tissue Banks or the Eye Bank Association of America and is
2involved in procuring, furnishing, donating, or distributing
3corneas, bones, or other human tissue for the purpose of
4injecting, transfusing, or transplanting any of them into the
5human body. "Tissue bank" does not include a licensed blood
6bank. For the purposes of this Act, "tissue" does not include
7organs.
8    (H) "Campus", as this terms applies to operations, has the
9same meaning as the term "campus" as set forth in federal
10Medicare regulations, 42 CFR 413.65.
11(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
1296-1000, eff. 7-2-10; 96-1515, eff. 2-4-11.)
 
13    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
14    Sec. 6.09. (a) In order to facilitate the orderly
15transition of aged and disabled patients from hospitals to
16post-hospital care, whenever a patient who qualifies for the
17federal Medicare program is hospitalized, the patient shall be
18notified of discharge at least 24 hours prior to discharge from
19the hospital. With regard to pending discharges to a skilled
20nursing facility, the hospital must notify the case
21coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
22least 24 hours prior to discharge or, if home health services
23are ordered, the hospital must inform its designated case
24coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
25the pending discharge and must provide the patient with the

 

 

HB2976 Engrossed- 305 -LRB097 06385 KTG 46467 b

1case coordination unit's telephone number and other contact
2information.
3    (b) Every hospital shall develop procedures for a physician
4with medical staff privileges at the hospital or any
5appropriate medical staff member to provide the discharge
6notice prescribed in subsection (a) of this Section. The
7procedures must include prohibitions against discharging or
8referring a patient to any of the following if unlicensed,
9uncertified, or unregistered: (i) a board and care facility, as
10defined in the Board and Care Home Act; (ii) an assisted living
11and shared housing establishment, as defined in the Assisted
12Living and Shared Housing Act; (iii) a facility licensed under
13the Nursing Home Care Act or the ID/DD MR/DD Community Care
14Act; (iv) a supportive living facility, as defined in Section
155-5.01a of the Illinois Public Aid Code; or (v) a free-standing
16hospice facility licensed under the Hospice Program Licensing
17Act if licensure, certification, or registration is required.
18The Department of Public Health shall annually provide
19hospitals with a list of licensed, certified, or registered
20board and care facilities, assisted living and shared housing
21establishments, nursing homes, supportive living facilities,
22facilities licensed under the ID/DD MR/DD Community Care Act,
23and hospice facilities. Reliance upon this list by a hospital
24shall satisfy compliance with this requirement. The procedure
25may also include a waiver for any case in which a discharge
26notice is not feasible due to a short length of stay in the

 

 

HB2976 Engrossed- 306 -LRB097 06385 KTG 46467 b

1hospital by the patient, or for any case in which the patient
2voluntarily desires to leave the hospital before the expiration
3of the 24 hour period.
4    (c) At least 24 hours prior to discharge from the hospital,
5the patient shall receive written information on the patient's
6right to appeal the discharge pursuant to the federal Medicare
7program, including the steps to follow to appeal the discharge
8and the appropriate telephone number to call in case the
9patient intends to appeal the discharge.
10    (d) Before transfer of a patient to a long term care
11facility licensed under the Nursing Home Care Act where elderly
12persons reside, a hospital shall as soon as practicable
13initiate a name-based criminal history background check by
14electronic submission to the Department of State Police for all
15persons between the ages of 18 and 70 years; provided, however,
16that a hospital shall be required to initiate such a background
17check only with respect to patients who:
18        (1) are transferring to a long term care facility for
19    the first time;
20        (2) have been in the hospital more than 5 days;
21        (3) are reasonably expected to remain at the long term
22    care facility for more than 30 days;
23        (4) have a known history of serious mental illness or
24    substance abuse; and
25        (5) are independently ambulatory or mobile for more
26    than a temporary period of time.

 

 

HB2976 Engrossed- 307 -LRB097 06385 KTG 46467 b

1    A hospital may also request a criminal history background
2check for a patient who does not meet any of the criteria set
3forth in items (1) through (5).
4    A hospital shall notify a long term care facility if the
5hospital has initiated a criminal history background check on a
6patient being discharged to that facility. In all circumstances
7in which the hospital is required by this subsection to
8initiate the criminal history background check, the transfer to
9the long term care facility may proceed regardless of the
10availability of criminal history results. Upon receipt of the
11results, the hospital shall promptly forward the results to the
12appropriate long term care facility. If the results of the
13background check are inconclusive, the hospital shall have no
14additional duty or obligation to seek additional information
15from, or about, the patient.
16(Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07;
1795-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-1372, eff.
187-29-10.)
 
19    (210 ILCS 85/6.11)  (from Ch. 111 1/2, par. 147.11)
20    Sec. 6.11. In licensing any hospital which provides for the
21diagnosis, care or treatment for persons suffering from mental
22or emotional disorders or for intellectually disabled mentally
23retarded persons, the Department shall consult with the
24Department of Human Services in developing standards for and
25evaluating the psychiatric programs of such hospitals.

 

 

HB2976 Engrossed- 308 -LRB097 06385 KTG 46467 b

1(Source: P.A. 89-507, eff. 7-1-97.)
 
2    Section 76. The Language Assistance Services Act is amended
3by changing Section 10 as follows:
 
4    (210 ILCS 87/10)
5    Sec. 10. Definitions. As used in this Act:
6    "Department" means the Department of Public Health.
7    "Interpreter" means a person fluent in English and in the
8necessary language of the patient who can accurately speak,
9read, and readily interpret the necessary second language, or a
10person who can accurately sign and read sign language.
11Interpreters shall have the ability to translate the names of
12body parts and to describe completely symptoms and injuries in
13both languages. Interpreters may include members of the medical
14or professional staff.
15    "Language or communication barriers" means either of the
16following:
17        (1) With respect to spoken language, barriers that are
18    experienced by limited-English-speaking or
19    non-English-speaking individuals who speak the same
20    primary language, if those individuals constitute at least
21    5% of the patients served by the health facility annually.
22        (2) With respect to sign language, barriers that are
23    experienced by individuals who are deaf and whose primary
24    language is sign language.

 

 

HB2976 Engrossed- 309 -LRB097 06385 KTG 46467 b

1    "Health facility" means a hospital licensed under the
2Hospital Licensing Act, a long-term care facility licensed
3under the Nursing Home Care Act, or a facility licensed under
4the ID/DD MR/DD Community Care Act.
5(Source: P.A. 96-339, eff. 7-1-10.)
 
6    Section 77. Community-Integrated Living Arrangements
7Licensure and Certification Act is amended by changing Section
84 as follows:
 
9    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
10    Sec. 4. (a) Any community mental health or developmental
11services agency who wishes to develop and support a variety of
12community-integrated living arrangements may do so pursuant to
13a license issued by the Department under this Act. However,
14programs established under or otherwise subject to the Child
15Care Act of 1969, the Nursing Home Care Act, or the ID/DD MR/DD
16Community Care Act, as now or hereafter amended, shall remain
17subject thereto, and this Act shall not be construed to limit
18the application of those Acts.
19    (b) The system of licensure established under this Act
20shall be for the purposes of:
21        (1) Insuring that all recipients residing in
22    community-integrated living arrangements are receiving
23    appropriate community-based services, including treatment,
24    training and habilitation or rehabilitation;

 

 

HB2976 Engrossed- 310 -LRB097 06385 KTG 46467 b

1        (2) Insuring that recipients' rights are protected and
2    that all programs provided to and placements arranged for
3    recipients comply with this Act, the Mental Health and
4    Developmental Disabilities Code, and applicable Department
5    rules and regulations;
6        (3) Maintaining the integrity of communities by
7    requiring regular monitoring and inspection of placements
8    and other services provided in community-integrated living
9    arrangements.
10    The licensure system shall be administered by a quality
11assurance unit within the Department which shall be
12administratively independent of units responsible for funding
13of agencies or community services.
14    (c) As a condition of being licensed by the Department as a
15community mental health or developmental services agency under
16this Act, the agency shall certify to the Department that:
17        (1) All recipients residing in community-integrated
18    living arrangements are receiving appropriate
19    community-based services, including treatment, training
20    and habilitation or rehabilitation;
21        (2) All programs provided to and placements arranged
22    for recipients are supervised by the agency; and
23        (3) All programs provided to and placements arranged
24    for recipients comply with this Act, the Mental Health and
25    Developmental Disabilities Code, and applicable Department
26    rules and regulations.

 

 

HB2976 Engrossed- 311 -LRB097 06385 KTG 46467 b

1    (d) An applicant for licensure as a community mental health
2or developmental services agency under this Act shall submit an
3application pursuant to the application process established by
4the Department by rule and shall pay an application fee in an
5amount established by the Department, which amount shall not be
6more than $200.
7    (e) If an applicant meets the requirements established by
8the Department to be licensed as a community mental health or
9developmental services agency under this Act, after payment of
10the licensing fee, the Department shall issue a license valid
11for 3 years from the date thereof unless suspended or revoked
12by the Department or voluntarily surrendered by the agency.
13    (f) Upon application to the Department, the Department may
14issue a temporary permit to an applicant for a 6-month period
15to allow the holder of such permit reasonable time to become
16eligible for a license under this Act.
17    (g)(1) The Department may conduct site visits to an agency
18licensed under this Act, or to any program or placement
19certified by the agency, and inspect the records or premises,
20or both, of such agency, program or placement as it deems
21appropriate, for the purpose of determining compliance with
22this Act, the Mental Health and Developmental Disabilities
23Code, and applicable Department rules and regulations.
24    (2) If the Department determines that an agency licensed
25under this Act is not in compliance with this Act or the rules
26and regulations promulgated under this Act, the Department

 

 

HB2976 Engrossed- 312 -LRB097 06385 KTG 46467 b

1shall serve a notice of violation upon the licensee. Each
2notice of violation shall be prepared in writing and shall
3specify the nature of the violation, the statutory provision or
4rule alleged to have been violated, and that the licensee
5submit a plan of correction to the Department if required. The
6notice shall also inform the licensee of any other action which
7the Department might take pursuant to this Act and of the right
8to a hearing.
9    (h) Upon the expiration of any license issued under this
10Act, a license renewal application shall be required of and a
11license renewal fee in an amount established by the Department
12shall be charged to a community mental health or developmental
13services agency, provided that such fee shall not be more than
14$200.
15(Source: P.A. 96-339, eff. 7-1-10.)
 
16    Section 78. The Child Care Act of 1969 is amended by
17changing Sections 2.06 and 7 as follows:
 
18    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)
19    Sec. 2.06. "Child care institution" means a child care
20facility where more than 7 children are received and maintained
21for the purpose of providing them with care or training or
22both. The term "child care institution" includes residential
23schools, primarily serving ambulatory handicapped children,
24and those operating a full calendar year, but does not include:

 

 

HB2976 Engrossed- 313 -LRB097 06385 KTG 46467 b

1    (a) Any State-operated institution for child care
2established by legislative action;
3    (b) Any juvenile detention or shelter care home established
4and operated by any county or child protection district
5established under the "Child Protection Act";
6    (c) Any institution, home, place or facility operating
7under a license pursuant to the Nursing Home Care Act or the
8ID/DD MR/DD Community Care Act;
9    (d) Any bona fide boarding school in which children are
10primarily taught branches of education corresponding to those
11taught in public schools, grades one through 12, or taught in
12public elementary schools, high schools, or both elementary and
13high schools, and which operates on a regular academic school
14year basis; or
15    (e) Any facility licensed as a "group home" as defined in
16this Act.
17(Source: P.A. 96-339, eff. 7-1-10.)
 
18    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
19    Sec. 7. (a) The Department must prescribe and publish
20minimum standards for licensing that apply to the various types
21of facilities for child care defined in this Act and that are
22equally applicable to like institutions under the control of
23the Department and to foster family homes used by and under the
24direct supervision of the Department. The Department shall seek
25the advice and assistance of persons representative of the

 

 

HB2976 Engrossed- 314 -LRB097 06385 KTG 46467 b

1various types of child care facilities in establishing such
2standards. The standards prescribed and published under this
3Act take effect as provided in the Illinois Administrative
4Procedure Act, and are restricted to regulations pertaining to
5the following matters and to any rules and regulations required
6or permitted by any other Section of this Act:
7        (1) The operation and conduct of the facility and
8    responsibility it assumes for child care;
9        (2) The character, suitability and qualifications of
10    the applicant and other persons directly responsible for
11    the care and welfare of children served. All child day care
12    center licensees and employees who are required to report
13    child abuse or neglect under the Abused and Neglected Child
14    Reporting Act shall be required to attend training on
15    recognizing child abuse and neglect, as prescribed by
16    Department rules;
17        (3) The general financial ability and competence of the
18    applicant to provide necessary care for children and to
19    maintain prescribed standards;
20        (4) The number of individuals or staff required to
21    insure adequate supervision and care of the children
22    received. The standards shall provide that each child care
23    institution, maternity center, day care center, group
24    home, day care home, and group day care home shall have on
25    its premises during its hours of operation at least one
26    staff member certified in first aid, in the Heimlich

 

 

HB2976 Engrossed- 315 -LRB097 06385 KTG 46467 b

1    maneuver and in cardiopulmonary resuscitation by the
2    American Red Cross or other organization approved by rule
3    of the Department. Child welfare agencies shall not be
4    subject to such a staffing requirement. The Department may
5    offer, or arrange for the offering, on a periodic basis in
6    each community in this State in cooperation with the
7    American Red Cross, the American Heart Association or other
8    appropriate organization, voluntary programs to train
9    operators of foster family homes and day care homes in
10    first aid and cardiopulmonary resuscitation;
11        (5) The appropriateness, safety, cleanliness and
12    general adequacy of the premises, including maintenance of
13    adequate fire prevention and health standards conforming
14    to State laws and municipal codes to provide for the
15    physical comfort, care and well-being of children
16    received;
17        (6) Provisions for food, clothing, educational
18    opportunities, program, equipment and individual supplies
19    to assure the healthy physical, mental and spiritual
20    development of children served;
21        (7) Provisions to safeguard the legal rights of
22    children served;
23        (8) Maintenance of records pertaining to the
24    admission, progress, health and discharge of children,
25    including, for day care centers and day care homes, records
26    indicating each child has been immunized as required by

 

 

HB2976 Engrossed- 316 -LRB097 06385 KTG 46467 b

1    State regulations. The Department shall require proof that
2    children enrolled in a facility have been immunized against
3    Haemophilus Influenzae B (HIB);
4        (9) Filing of reports with the Department;
5        (10) Discipline of children;
6        (11) Protection and fostering of the particular
7    religious faith of the children served;
8        (12) Provisions prohibiting firearms on day care
9    center premises except in the possession of peace officers;
10        (13) Provisions prohibiting handguns on day care home
11    premises except in the possession of peace officers or
12    other adults who must possess a handgun as a condition of
13    employment and who reside on the premises of a day care
14    home;
15        (14) Provisions requiring that any firearm permitted
16    on day care home premises, except handguns in the
17    possession of peace officers, shall be kept in a
18    disassembled state, without ammunition, in locked storage,
19    inaccessible to children and that ammunition permitted on
20    day care home premises shall be kept in locked storage
21    separate from that of disassembled firearms, inaccessible
22    to children;
23        (15) Provisions requiring notification of parents or
24    guardians enrolling children at a day care home of the
25    presence in the day care home of any firearms and
26    ammunition and of the arrangements for the separate, locked

 

 

HB2976 Engrossed- 317 -LRB097 06385 KTG 46467 b

1    storage of such firearms and ammunition.
2    (b) If, in a facility for general child care, there are
3children diagnosed as mentally ill, intellectually disabled
4mentally retarded or physically handicapped, who are
5determined to be in need of special mental treatment or of
6nursing care, or both mental treatment and nursing care, the
7Department shall seek the advice and recommendation of the
8Department of Human Services, the Department of Public Health,
9or both Departments regarding the residential treatment and
10nursing care provided by the institution.
11    (c) The Department shall investigate any person applying to
12be licensed as a foster parent to determine whether there is
13any evidence of current drug or alcohol abuse in the
14prospective foster family. The Department shall not license a
15person as a foster parent if drug or alcohol abuse has been
16identified in the foster family or if a reasonable suspicion of
17such abuse exists, except that the Department may grant a
18foster parent license to an applicant identified with an
19alcohol or drug problem if the applicant has successfully
20participated in an alcohol or drug treatment program, self-help
21group, or other suitable activities.
22    (d) The Department, in applying standards prescribed and
23published, as herein provided, shall offer consultation
24through employed staff or other qualified persons to assist
25applicants and licensees in meeting and maintaining minimum
26requirements for a license and to help them otherwise to

 

 

HB2976 Engrossed- 318 -LRB097 06385 KTG 46467 b

1achieve programs of excellence related to the care of children
2served. Such consultation shall include providing information
3concerning education and training in early childhood
4development to providers of day care home services. The
5Department may provide or arrange for such education and
6training for those providers who request such assistance.
7    (e) The Department shall distribute copies of licensing
8standards to all licensees and applicants for a license. Each
9licensee or holder of a permit shall distribute copies of the
10appropriate licensing standards and any other information
11required by the Department to child care facilities under its
12supervision. Each licensee or holder of a permit shall maintain
13appropriate documentation of the distribution of the
14standards. Such documentation shall be part of the records of
15the facility and subject to inspection by authorized
16representatives of the Department.
17    (f) The Department shall prepare summaries of day care
18licensing standards. Each licensee or holder of a permit for a
19day care facility shall distribute a copy of the appropriate
20summary and any other information required by the Department,
21to the legal guardian of each child cared for in that facility
22at the time when the child is enrolled or initially placed in
23the facility. The licensee or holder of a permit for a day care
24facility shall secure appropriate documentation of the
25distribution of the summary and brochure. Such documentation
26shall be a part of the records of the facility and subject to

 

 

HB2976 Engrossed- 319 -LRB097 06385 KTG 46467 b

1inspection by an authorized representative of the Department.
2    (g) The Department shall distribute to each licensee and
3holder of a permit copies of the licensing or permit standards
4applicable to such person's facility. Each licensee or holder
5of a permit shall make available by posting at all times in a
6common or otherwise accessible area a complete and current set
7of licensing standards in order that all employees of the
8facility may have unrestricted access to such standards. All
9employees of the facility shall have reviewed the standards and
10any subsequent changes. Each licensee or holder of a permit
11shall maintain appropriate documentation of the current review
12of licensing standards by all employees. Such records shall be
13part of the records of the facility and subject to inspection
14by authorized representatives of the Department.
15    (h) Any standards involving physical examinations,
16immunization, or medical treatment shall include appropriate
17exemptions for children whose parents object thereto on the
18grounds that they conflict with the tenets and practices of a
19recognized church or religious organization, of which the
20parent is an adherent or member, and for children who should
21not be subjected to immunization for clinical reasons.
22    (i) The Department, in cooperation with the Department of
23Public Health, shall work to increase immunization awareness
24and participation among parents of children enrolled in day
25care centers and day care homes by publishing on the
26Department's website information about the benefits of annual

 

 

HB2976 Engrossed- 320 -LRB097 06385 KTG 46467 b

1immunization against influenza for children 6 months of age to
25 years of age. The Department shall work with day care centers
3and day care homes licensed under this Act to ensure that the
4information is annually distributed to parents in August or
5September.
6(Source: P.A. 96-391, eff. 8-13-09.)
 
7    Section 79. The Health Care Worker Background Check Act is
8amended by changing Section 15 as follows:
 
9    (225 ILCS 46/15)
10    Sec. 15. Definitions. In this Act:
11    "Applicant" means an individual seeking employment with a
12health care employer who has received a bona fide conditional
13offer of employment.
14    "Conditional offer of employment" means a bona fide offer
15of employment by a health care employer to an applicant, which
16is contingent upon the receipt of a report from the Department
17of Public Health indicating that the applicant does not have a
18record of conviction of any of the criminal offenses enumerated
19in Section 25.
20    "Direct care" means the provision of nursing care or
21assistance with feeding, dressing, movement, bathing,
22toileting, or other personal needs, including home services as
23defined in the Home Health, Home Services, and Home Nursing
24Agency Licensing Act. The entity responsible for inspecting and

 

 

HB2976 Engrossed- 321 -LRB097 06385 KTG 46467 b

1licensing, certifying, or registering the health care employer
2may, by administrative rule, prescribe guidelines for
3interpreting this definition with regard to the health care
4employers that it licenses.
5    "Disqualifying offenses" means those offenses set forth in
6Section 25 of this Act.
7    "Employee" means any individual hired, employed, or
8retained to which this Act applies.
9    "Fingerprint-based criminal history records check" means a
10livescan fingerprint-based criminal history records check
11submitted as a fee applicant inquiry in the form and manner
12prescribed by the Department of State Police.
13    "Health care employer" means:
14        (1) the owner or licensee of any of the following:
15            (i) a community living facility, as defined in the
16        Community Living Facilities Act;
17            (ii) a life care facility, as defined in the Life
18        Care Facilities Act;
19            (iii) a long-term care facility;
20            (iv) a home health agency, home services agency, or
21        home nursing agency as defined in the Home Health, Home
22        Services, and Home Nursing Agency Licensing Act;
23            (v) a hospice care program or volunteer hospice
24        program, as defined in the Hospice Program Licensing
25        Act;
26            (vi) a hospital, as defined in the Hospital

 

 

HB2976 Engrossed- 322 -LRB097 06385 KTG 46467 b

1        Licensing Act;
2            (vii) (blank);
3            (viii) a nurse agency, as defined in the Nurse
4        Agency Licensing Act;
5            (ix) a respite care provider, as defined in the
6        Respite Program Act;
7            (ix-a) an establishment licensed under the
8        Assisted Living and Shared Housing Act;
9            (x) a supportive living program, as defined in the
10        Illinois Public Aid Code;
11            (xi) early childhood intervention programs as
12        described in 59 Ill. Adm. Code 121;
13            (xii) the University of Illinois Hospital,
14        Chicago;
15            (xiii) programs funded by the Department on Aging
16        through the Community Care Program;
17            (xiv) programs certified to participate in the
18        Supportive Living Program authorized pursuant to
19        Section 5-5.01a of the Illinois Public Aid Code;
20            (xv) programs listed by the Emergency Medical
21        Services (EMS) Systems Act as Freestanding Emergency
22        Centers;
23            (xvi) locations licensed under the Alternative
24        Health Care Delivery Act;
25        (2) a day training program certified by the Department
26    of Human Services;

 

 

HB2976 Engrossed- 323 -LRB097 06385 KTG 46467 b

1        (3) a community integrated living arrangement operated
2    by a community mental health and developmental service
3    agency, as defined in the Community-Integrated Living
4    Arrangements Licensing and Certification Act; or
5        (4) the State Long Term Care Ombudsman Program,
6    including any regional long term care ombudsman programs
7    under Section 4.04 of the Illinois Act on the Aging, only
8    for the purpose of securing background checks.
9    "Initiate" means obtaining from a student, applicant, or
10employee his or her social security number, demographics, a
11disclosure statement, and an authorization for the Department
12of Public Health or its designee to request a fingerprint-based
13criminal history records check; transmitting this information
14electronically to the Department of Public Health; conducting
15Internet searches on certain web sites, including without
16limitation the Illinois Sex Offender Registry, the Department
17of Corrections' Sex Offender Search Engine, the Department of
18Corrections' Inmate Search Engine, the Department of
19Corrections Wanted Fugitives Search Engine, the National Sex
20Offender Public Registry, and the website of the Health and
21Human Services Office of Inspector General to determine if the
22applicant has been adjudicated a sex offender, has been a
23prison inmate, or has committed Medicare or Medicaid fraud, or
24conducting similar searches as defined by rule; and having the
25student, applicant, or employee's fingerprints collected and
26transmitted electronically to the Department of State Police.

 

 

HB2976 Engrossed- 324 -LRB097 06385 KTG 46467 b

1    "Livescan vendor" means an entity whose equipment has been
2certified by the Department of State Police to collect an
3individual's demographics and inkless fingerprints and, in a
4manner prescribed by the Department of State Police and the
5Department of Public Health, electronically transmit the
6fingerprints and required data to the Department of State
7Police and a daily file of required data to the Department of
8Public Health. The Department of Public Health shall negotiate
9a contract with one or more vendors that effectively
10demonstrate that the vendor has 2 or more years of experience
11transmitting fingerprints electronically to the Department of
12State Police and that the vendor can successfully transmit the
13required data in a manner prescribed by the Department of
14Public Health. Vendor authorization may be further defined by
15administrative rule.
16    "Long-term care facility" means a facility licensed by the
17State or certified under federal law as a long-term care
18facility, including without limitation facilities licensed
19under the Nursing Home Care Act or the ID/DD MR/DD Community
20Care Act, a supportive living facility, an assisted living
21establishment, or a shared housing establishment or registered
22as a board and care home.
23(Source: P.A. 95-120, eff. 8-13-07; 95-331, eff. 8-21-07;
2496-339, eff. 7-1-10.)
 
25    Section 80. The Nursing Home Administrators Licensing and

 

 

HB2976 Engrossed- 325 -LRB097 06385 KTG 46467 b

1Disciplinary Act is amended by changing Sections 4 and 17 as
2follows:
 
3    (225 ILCS 70/4)  (from Ch. 111, par. 3654)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 4. Definitions. For purposes of this Act, the
6following definitions shall have the following meanings,
7except where the context requires otherwise:
8        (1) "Act" means the Nursing Home Administrators
9    Licensing and Disciplinary Act.
10        (2) "Department" means the Department of Financial and
11    Professional Regulation.
12        (3) "Secretary" means the Secretary of Financial and
13    Professional Regulation.
14        (4) "Board" means the Nursing Home Administrators
15    Licensing and Disciplinary Board appointed by the
16    Governor.
17        (5) "Nursing home administrator" means the individual
18    licensed under this Act and directly responsible for
19    planning, organizing, directing and supervising the
20    operation of a nursing home, or who in fact performs such
21    functions, whether or not such functions are delegated to
22    one or more other persons.
23        (6) "Nursing home" or "facility" means any entity that
24    is required to be licensed by the Department of Public
25    Health under the Nursing Home Care Act, as amended, other

 

 

HB2976 Engrossed- 326 -LRB097 06385 KTG 46467 b

1    than a sheltered care home as defined thereunder, and
2    includes private homes, institutions, buildings,
3    residences, or other places, whether operated for profit or
4    not, irrespective of the names attributed to them, county
5    homes for the infirm and chronically ill operated pursuant
6    to the County Nursing Home Act, as amended, and any similar
7    institutions operated by a political subdivision of the
8    State of Illinois that provide, though their ownership or
9    management, maintenance, personal care, and nursing for 3
10    or more persons, not related to the owner by blood or
11    marriage, or any similar facilities in which maintenance is
12    provided to 3 or more persons who by reason of illness of
13    physical infirmity require personal care and nursing. The
14    term also means any facility licensed under the ID/DD MR/DD
15    Community Care Act.
16        (7) "Maintenance" means food, shelter and laundry.
17        (8) "Personal care" means assistance with meals,
18    dressing, movement, bathing, or other personal needs, or
19    general supervision of the physical and mental well-being
20    of an individual who because of age, physical, or mental
21    disability, emotion or behavior disorder, or an
22    intellectual disability mental retardation is incapable of
23    managing his or her person, whether or not a guardian has
24    been appointed for such individual. For the purposes of
25    this Act, this definition does not include the professional
26    services of a nurse.

 

 

HB2976 Engrossed- 327 -LRB097 06385 KTG 46467 b

1        (9) "Nursing" means professional nursing or practical
2    nursing, as those terms are defined in the Nurse Practice
3    Act, for sick or infirm persons who are under the care and
4    supervision of licensed physicians or dentists.
5        (10) "Disciplinary action" means revocation,
6    suspension, probation, supervision, reprimand, required
7    education, fines or any other action taken by the
8    Department against a person holding a license.
9        (11) "Impaired" means the inability to practice with
10    reasonable skill and safety due to physical or mental
11    disabilities as evidenced by a written determination or
12    written consent based on clinical evidence including
13    deterioration through the aging process or loss of motor
14    skill, or abuse of drugs or alcohol, of sufficient degree
15    to diminish a person's ability to administer a nursing
16    home.
17        (12) "Address of record" means the designated address
18    recorded by the Department in the applicant's or licensee's
19    application file or license file maintained by the
20    Department's licensure maintenance unit. It is the duty of
21    the applicant or licensee to inform the Department of any
22    change of address, and such changes must be made either
23    through the Department's website or by contacting the
24    Department's licensure maintenance unit.
25(Source: P.A. 95-639, eff. 10-5-07; 95-703, eff. 12-31-07;
2696-328, eff. 8-11-09; 96-339, eff. 7-1-10.)
 

 

 

HB2976 Engrossed- 328 -LRB097 06385 KTG 46467 b

1    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 17. Grounds for disciplinary action.
4    (a) The Department may impose fines not to exceed $10,000
5or may refuse to issue or to renew, or may revoke, suspend,
6place on probation, censure, reprimand or take other
7disciplinary or non-disciplinary action with regard to the
8license of any person, for any one or combination of the
9following causes:
10        (1) Intentional material misstatement in furnishing
11    information to the Department.
12        (2) Conviction of or entry of a plea of guilty or nolo
13    contendere to any crime that is a felony under the laws of
14    the United States or any state or territory thereof or a
15    misdemeanor of which an essential element is dishonesty or
16    that is directly related to the practice of the profession
17    of nursing home administration.
18        (3) Making any misrepresentation for the purpose of
19    obtaining a license, or violating any provision of this
20    Act.
21        (4) Immoral conduct in the commission of any act, such
22    as sexual abuse or sexual misconduct, related to the
23    licensee's practice.
24        (5) Failing to respond within 30 days, to a written
25    request made by the Department for information.

 

 

HB2976 Engrossed- 329 -LRB097 06385 KTG 46467 b

1        (6) Engaging in dishonorable, unethical or
2    unprofessional conduct of a character likely to deceive,
3    defraud or harm the public.
4        (7) Habitual use or addiction to alcohol, narcotics,
5    stimulants, or any other chemical agent or drug which
6    results in the inability to practice with reasonable
7    judgment, skill or safety.
8        (8) Discipline by another U.S. jurisdiction if at least
9    one of the grounds for the discipline is the same or
10    substantially equivalent to those set forth herein.
11        (9) A finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status has violated the terms of probation.
14        (10) Willfully making or filing false records or
15    reports in his or her practice, including but not limited
16    to false records filed with State agencies or departments.
17        (11) Physical illness, mental illness, or other
18    impairment or disability, including, but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill that results in the inability to practice the
21    profession with reasonable judgment, skill or safety.
22        (12) Disregard or violation of this Act or of any rule
23    issued pursuant to this Act.
24        (13) Aiding or abetting another in the violation of
25    this Act or any rule or regulation issued pursuant to this
26    Act.

 

 

HB2976 Engrossed- 330 -LRB097 06385 KTG 46467 b

1        (14) Allowing one's license to be used by an unlicensed
2    person.
3        (15) (Blank).
4        (16) Professional incompetence in the practice of
5    nursing home administration.
6        (17) Conviction of a violation of Section 12-19 of the
7    Criminal Code of 1961 for the abuse and gross neglect of a
8    long term care facility resident.
9        (18) Violation of the Nursing Home Care Act or the
10    ID/DD MR/DD Community Care Act or of any rule issued under
11    the Nursing Home Care Act or the ID/DD MR/DD Community Care
12    Act. A final adjudication of a Type "AA" violation of the
13    Nursing Home Care Act made by the Illinois Department of
14    Public Health, as identified by rule, relating to the
15    hiring, training, planning, organizing, directing, or
16    supervising the operation of a nursing home and a
17    licensee's failure to comply with this Act or the rules
18    adopted under this Act, shall create a rebuttable
19    presumption of a violation of this subsection.
20        (19) Failure to report to the Department any adverse
21    final action taken against the licensee by a licensing
22    authority of another state, territory of the United States,
23    or foreign country; or by any governmental or law
24    enforcement agency; or by any court for acts or conduct
25    similar to acts or conduct that would constitute grounds
26    for disciplinary action under this Section.

 

 

HB2976 Engrossed- 331 -LRB097 06385 KTG 46467 b

1        (20) Failure to report to the Department the surrender
2    of a license or authorization to practice as a nursing home
3    administrator in another state or jurisdiction for acts or
4    conduct similar to acts or conduct that would constitute
5    grounds for disciplinary action under this Section.
6        (21) Failure to report to the Department any adverse
7    judgment, settlement, or award arising from a liability
8    claim related to acts or conduct similar to acts or conduct
9    that would constitute grounds for disciplinary action
10    under this Section.
11    All proceedings to suspend, revoke, place on probationary
12status, or take any other disciplinary action as the Department
13may deem proper, with regard to a license on any of the
14foregoing grounds, must be commenced within 5 years next after
15receipt by the Department of (i) a complaint alleging the
16commission of or notice of the conviction order for any of the
17acts described herein or (ii) a referral for investigation
18under Section 3-108 of the Nursing Home Care Act.
19    The entry of an order or judgment by any circuit court
20establishing that any person holding a license under this Act
21is a person in need of mental treatment operates as a
22suspension of that license. That person may resume their
23practice only upon the entry of a Department order based upon a
24finding by the Board that they have been determined to be
25recovered from mental illness by the court and upon the Board's
26recommendation that they be permitted to resume their practice.

 

 

HB2976 Engrossed- 332 -LRB097 06385 KTG 46467 b

1    The Department, upon the recommendation of the Board, may
2adopt rules which set forth standards to be used in determining
3what constitutes:
4        (i) when a person will be deemed sufficiently
5    rehabilitated to warrant the public trust;
6        (ii) dishonorable, unethical or unprofessional conduct
7    of a character likely to deceive, defraud, or harm the
8    public;
9        (iii) immoral conduct in the commission of any act
10    related to the licensee's practice; and
11        (iv) professional incompetence in the practice of
12    nursing home administration.
13    However, no such rule shall be admissible into evidence in
14any civil action except for review of a licensing or other
15disciplinary action under this Act.
16    In enforcing this Section, the Department or Board, upon a
17showing of a possible violation, may compel any individual
18licensed to practice under this Act, or who has applied for
19licensure pursuant to this Act, to submit to a mental or
20physical examination, or both, as required by and at the
21expense of the Department. The examining physician or
22physicians shall be those specifically designated by the
23Department or Board. The Department or Board may order the
24examining physician to present testimony concerning this
25mental or physical examination of the licensee or applicant. No
26information shall be excluded by reason of any common law or

 

 

HB2976 Engrossed- 333 -LRB097 06385 KTG 46467 b

1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3individual to be examined may have, at his or her own expense,
4another physician of his or her choice present during all
5aspects of the examination. Failure of any individual to submit
6to mental or physical examination, when directed, shall be
7grounds for suspension of his or her license until such time as
8the individual submits to the examination if the Department
9finds, after notice and hearing, that the refusal to submit to
10the examination was without reasonable cause.
11    If the Department or Board finds an individual unable to
12practice because of the reasons set forth in this Section, the
13Department or Board shall require such individual to submit to
14care, counseling, or treatment by physicians approved or
15designated by the Department or Board, as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice; or in lieu of care, counseling, or treatment, the
18Department may file, or the Board may recommend to the
19Department to file, a complaint to immediately suspend, revoke,
20or otherwise discipline the license of the individual. Any
21individual whose license was granted pursuant to this Act or
22continued, reinstated, renewed, disciplined or supervised,
23subject to such terms, conditions or restrictions who shall
24fail to comply with such terms, conditions or restrictions
25shall be referred to the Secretary for a determination as to
26whether the licensee shall have his or her license suspended

 

 

HB2976 Engrossed- 334 -LRB097 06385 KTG 46467 b

1immediately, pending a hearing by the Department. In instances
2in which the Secretary immediately suspends a license under
3this Section, a hearing upon such person's license must be
4convened by the Board within 30 days after such suspension and
5completed without appreciable delay. The Department and Board
6shall have the authority to review the subject administrator's
7record of treatment and counseling regarding the impairment, to
8the extent permitted by applicable federal statutes and
9regulations safeguarding the confidentiality of medical
10records.
11    An individual licensed under this Act, affected under this
12Section, shall be afforded an opportunity to demonstrate to the
13Department or Board that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16    (b) Any individual or organization acting in good faith,
17and not in a wilful and wanton manner, in complying with this
18Act by providing any report or other information to the
19Department, or assisting in the investigation or preparation of
20such information, or by participating in proceedings of the
21Department, or by serving as a member of the Board, shall not,
22as a result of such actions, be subject to criminal prosecution
23or civil damages.
24    (c) Members of the Board, and persons retained under
25contract to assist and advise in an investigation, shall be
26indemnified by the State for any actions occurring within the

 

 

HB2976 Engrossed- 335 -LRB097 06385 KTG 46467 b

1scope of services on or for the Board, done in good faith and
2not wilful and wanton in nature. The Attorney General shall
3defend all such actions unless he or she determines either that
4there would be a conflict of interest in such representation or
5that the actions complained of were not in good faith or were
6wilful and wanton.
7    Should the Attorney General decline representation, a
8person entitled to indemnification under this Section shall
9have the right to employ counsel of his or her choice, whose
10fees shall be provided by the State, after approval by the
11Attorney General, unless there is a determination by a court
12that the member's actions were not in good faith or were wilful
13and wanton.
14    A person entitled to indemnification under this Section
15must notify the Attorney General within 7 days of receipt of
16notice of the initiation of any action involving services of
17the Board. Failure to so notify the Attorney General shall
18constitute an absolute waiver of the right to a defense and
19indemnification.
20    The Attorney General shall determine within 7 days after
21receiving such notice, whether he or she will undertake to
22represent a person entitled to indemnification under this
23Section.
24    (d) The determination by a circuit court that a licensee is
25subject to involuntary admission or judicial admission as
26provided in the Mental Health and Developmental Disabilities

 

 

HB2976 Engrossed- 336 -LRB097 06385 KTG 46467 b

1Code, as amended, operates as an automatic suspension. Such
2suspension will end only upon a finding by a court that the
3patient is no longer subject to involuntary admission or
4judicial admission and issues an order so finding and
5discharging the patient; and upon the recommendation of the
6Board to the Secretary that the licensee be allowed to resume
7his or her practice.
8    (e) The Department may refuse to issue or may suspend the
9license of any person who fails to file a return, or to pay the
10tax, penalty or interest shown in a filed return, or to pay any
11final assessment of tax, penalty or interest, as required by
12any tax Act administered by the Department of Revenue, until
13such time as the requirements of any such tax Act are
14satisfied.
15    (f) The Department of Public Health shall transmit to the
16Department a list of those facilities which receive an "A"
17violation as defined in Section 1-129 of the Nursing Home Care
18Act.
19(Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10;
2096-1372, eff. 7-29-10.)
 
21    Section 81. The Pharmacy Practice Act is amended by
22changing Section 3 as follows:
 
23    (225 ILCS 85/3)
24    (Section scheduled to be repealed on January 1, 2018)

 

 

HB2976 Engrossed- 337 -LRB097 06385 KTG 46467 b

1    Sec. 3. Definitions. For the purpose of this Act, except
2where otherwise limited therein:
3    (a) "Pharmacy" or "drugstore" means and includes every
4store, shop, pharmacy department, or other place where
5pharmacist care is provided by a pharmacist (1) where drugs,
6medicines, or poisons are dispensed, sold or offered for sale
7at retail, or displayed for sale at retail; or (2) where
8prescriptions of physicians, dentists, advanced practice
9nurses, physician assistants, veterinarians, podiatrists, or
10optometrists, within the limits of their licenses, are
11compounded, filled, or dispensed; or (3) which has upon it or
12displayed within it, or affixed to or used in connection with
13it, a sign bearing the word or words "Pharmacist", "Druggist",
14"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
15"Medicine Store", "Prescriptions", "Drugs", "Dispensary",
16"Medicines", or any word or words of similar or like import,
17either in the English language or any other language; or (4)
18where the characteristic prescription sign (Rx) or similar
19design is exhibited; or (5) any store, or shop, or other place
20with respect to which any of the above words, objects, signs or
21designs are used in any advertisement.
22    (b) "Drugs" means and includes (l) articles recognized in
23the official United States Pharmacopoeia/National Formulary
24(USP/NF), or any supplement thereto and being intended for and
25having for their main use the diagnosis, cure, mitigation,
26treatment or prevention of disease in man or other animals, as

 

 

HB2976 Engrossed- 338 -LRB097 06385 KTG 46467 b

1approved by the United States Food and Drug Administration, but
2does not include devices or their components, parts, or
3accessories; and (2) all other articles intended for and having
4for their main use the diagnosis, cure, mitigation, treatment
5or prevention of disease in man or other animals, as approved
6by the United States Food and Drug Administration, but does not
7include devices or their components, parts, or accessories; and
8(3) articles (other than food) having for their main use and
9intended to affect the structure or any function of the body of
10man or other animals; and (4) articles having for their main
11use and intended for use as a component or any articles
12specified in clause (l), (2) or (3); but does not include
13devices or their components, parts or accessories.
14    (c) "Medicines" means and includes all drugs intended for
15human or veterinary use approved by the United States Food and
16Drug Administration.
17    (d) "Practice of pharmacy" means (1) the interpretation and
18the provision of assistance in the monitoring, evaluation, and
19implementation of prescription drug orders; (2) the dispensing
20of prescription drug orders; (3) participation in drug and
21device selection; (4) drug administration limited to the
22administration of oral, topical, injectable, and inhalation as
23follows: in the context of patient education on the proper use
24or delivery of medications; vaccination of patients 14 years of
25age and older pursuant to a valid prescription or standing
26order, by a physician licensed to practice medicine in all its

 

 

HB2976 Engrossed- 339 -LRB097 06385 KTG 46467 b

1branches, upon completion of appropriate training, including
2how to address contraindications and adverse reactions set
3forth by rule, with notification to the patient's physician and
4appropriate record retention, or pursuant to hospital pharmacy
5and therapeutics committee policies and procedures; (5) drug
6regimen review; (6) drug or drug-related research; (7) the
7provision of patient counseling; (8) the practice of
8telepharmacy; (9) the provision of those acts or services
9necessary to provide pharmacist care; (10) medication therapy
10management; and (11) the responsibility for compounding and
11labeling of drugs and devices (except labeling by a
12manufacturer, repackager, or distributor of non-prescription
13drugs and commercially packaged legend drugs and devices),
14proper and safe storage of drugs and devices, and maintenance
15of required records. A pharmacist who performs any of the acts
16defined as the practice of pharmacy in this State must be
17actively licensed as a pharmacist under this Act.
18    (e) "Prescription" means and includes any written, oral,
19facsimile, or electronically transmitted order for drugs or
20medical devices, issued by a physician licensed to practice
21medicine in all its branches, dentist, veterinarian, or
22podiatrist, or optometrist, within the limits of their
23licenses, by a physician assistant in accordance with
24subsection (f) of Section 4, or by an advanced practice nurse
25in accordance with subsection (g) of Section 4, containing the
26following: (l) name of the patient; (2) date when prescription

 

 

HB2976 Engrossed- 340 -LRB097 06385 KTG 46467 b

1was issued; (3) name and strength of drug or description of the
2medical device prescribed; and (4) quantity; (5) directions for
3use; (6) prescriber's name, address, and signature; and (7) DEA
4number where required, for controlled substances. The
5prescription may, but is not required to, list the illness,
6disease, or condition for which the drug or device is being
7prescribed. DEA numbers shall not be required on inpatient drug
8orders.
9    (f) "Person" means and includes a natural person,
10copartnership, association, corporation, government entity, or
11any other legal entity.
12    (g) "Department" means the Department of Financial and
13Professional Regulation.
14    (h) "Board of Pharmacy" or "Board" means the State Board of
15Pharmacy of the Department of Financial and Professional
16Regulation.
17    (i) "Secretary" means the Secretary of Financial and
18Professional Regulation.
19    (j) "Drug product selection" means the interchange for a
20prescribed pharmaceutical product in accordance with Section
2125 of this Act and Section 3.14 of the Illinois Food, Drug and
22Cosmetic Act.
23    (k) "Inpatient drug order" means an order issued by an
24authorized prescriber for a resident or patient of a facility
25licensed under the Nursing Home Care Act, the ID/DD MR/DD
26Community Care Act, or the Hospital Licensing Act, or "An Act

 

 

HB2976 Engrossed- 341 -LRB097 06385 KTG 46467 b

1in relation to the founding and operation of the University of
2Illinois Hospital and the conduct of University of Illinois
3health care programs", approved July 3, 1931, as amended, or a
4facility which is operated by the Department of Human Services
5(as successor to the Department of Mental Health and
6Developmental Disabilities) or the Department of Corrections.
7    (k-5) "Pharmacist" means an individual health care
8professional and provider currently licensed by this State to
9engage in the practice of pharmacy.
10    (l) "Pharmacist in charge" means the licensed pharmacist
11whose name appears on a pharmacy license and who is responsible
12for all aspects of the operation related to the practice of
13pharmacy.
14    (m) "Dispense" or "dispensing" means the interpretation,
15evaluation, and implementation of a prescription drug order,
16including the preparation and delivery of a drug or device to a
17patient or patient's agent in a suitable container
18appropriately labeled for subsequent administration to or use
19by a patient in accordance with applicable State and federal
20laws and regulations. "Dispense" or "dispensing" does not mean
21the physical delivery to a patient or a patient's
22representative in a home or institution by a designee of a
23pharmacist or by common carrier. "Dispense" or "dispensing"
24also does not mean the physical delivery of a drug or medical
25device to a patient or patient's representative by a
26pharmacist's designee within a pharmacy or drugstore while the

 

 

HB2976 Engrossed- 342 -LRB097 06385 KTG 46467 b

1pharmacist is on duty and the pharmacy is open.
2    (n) "Nonresident pharmacy" means a pharmacy that is located
3in a state, commonwealth, or territory of the United States,
4other than Illinois, that delivers, dispenses, or distributes,
5through the United States Postal Service, commercially
6acceptable parcel delivery service, or other common carrier, to
7Illinois residents, any substance which requires a
8prescription.
9    (o) "Compounding" means the preparation and mixing of
10components, excluding flavorings, (1) as the result of a
11prescriber's prescription drug order or initiative based on the
12prescriber-patient-pharmacist relationship in the course of
13professional practice or (2) for the purpose of, or incident
14to, research, teaching, or chemical analysis and not for sale
15or dispensing. "Compounding" includes the preparation of drugs
16or devices in anticipation of receiving prescription drug
17orders based on routine, regularly observed dispensing
18patterns. Commercially available products may be compounded
19for dispensing to individual patients only if all of the
20following conditions are met: (i) the commercial product is not
21reasonably available from normal distribution channels in a
22timely manner to meet the patient's needs and (ii) the
23prescribing practitioner has requested that the drug be
24compounded.
25    (p) (Blank).
26    (q) (Blank).

 

 

HB2976 Engrossed- 343 -LRB097 06385 KTG 46467 b

1    (r) "Patient counseling" means the communication between a
2pharmacist or a student pharmacist under the supervision of a
3pharmacist and a patient or the patient's representative about
4the patient's medication or device for the purpose of
5optimizing proper use of prescription medications or devices.
6"Patient counseling" may include without limitation (1)
7obtaining a medication history; (2) acquiring a patient's
8allergies and health conditions; (3) facilitation of the
9patient's understanding of the intended use of the medication;
10(4) proper directions for use; (5) significant potential
11adverse events; (6) potential food-drug interactions; and (7)
12the need to be compliant with the medication therapy. A
13pharmacy technician may only participate in the following
14aspects of patient counseling under the supervision of a
15pharmacist: (1) obtaining medication history; (2) providing
16the offer for counseling by a pharmacist or student pharmacist;
17and (3) acquiring a patient's allergies and health conditions.
18    (s) "Patient profiles" or "patient drug therapy record"
19means the obtaining, recording, and maintenance of patient
20prescription information, including prescriptions for
21controlled substances, and personal information.
22    (t) (Blank).
23    (u) "Medical device" means an instrument, apparatus,
24implement, machine, contrivance, implant, in vitro reagent, or
25other similar or related article, including any component part
26or accessory, required under federal law to bear the label

 

 

HB2976 Engrossed- 344 -LRB097 06385 KTG 46467 b

1"Caution: Federal law requires dispensing by or on the order of
2a physician". A seller of goods and services who, only for the
3purpose of retail sales, compounds, sells, rents, or leases
4medical devices shall not, by reasons thereof, be required to
5be a licensed pharmacy.
6    (v) "Unique identifier" means an electronic signature,
7handwritten signature or initials, thumb print, or other
8acceptable biometric or electronic identification process as
9approved by the Department.
10    (w) "Current usual and customary retail price" means the
11price that a pharmacy charges to a non-third-party payor.
12    (x) "Automated pharmacy system" means a mechanical system
13located within the confines of the pharmacy or remote location
14that performs operations or activities, other than compounding
15or administration, relative to storage, packaging, dispensing,
16or distribution of medication, and which collects, controls,
17and maintains all transaction information.
18    (y) "Drug regimen review" means and includes the evaluation
19of prescription drug orders and patient records for (1) known
20allergies; (2) drug or potential therapy contraindications;
21(3) reasonable dose, duration of use, and route of
22administration, taking into consideration factors such as age,
23gender, and contraindications; (4) reasonable directions for
24use; (5) potential or actual adverse drug reactions; (6)
25drug-drug interactions; (7) drug-food interactions; (8)
26drug-disease contraindications; (9) therapeutic duplication;

 

 

HB2976 Engrossed- 345 -LRB097 06385 KTG 46467 b

1(10) patient laboratory values when authorized and available;
2(11) proper utilization (including over or under utilization)
3and optimum therapeutic outcomes; and (12) abuse and misuse.
4    (z) "Electronic transmission prescription" means any
5prescription order for which a facsimile or electronic image of
6the order is electronically transmitted from a licensed
7prescriber to a pharmacy. "Electronic transmission
8prescription" includes both data and image prescriptions.
9    (aa) "Medication therapy management services" means a
10distinct service or group of services offered by licensed
11pharmacists, physicians licensed to practice medicine in all
12its branches, advanced practice nurses authorized in a written
13agreement with a physician licensed to practice medicine in all
14its branches, or physician assistants authorized in guidelines
15by a supervising physician that optimize therapeutic outcomes
16for individual patients through improved medication use. In a
17retail or other non-hospital pharmacy, medication therapy
18management services shall consist of the evaluation of
19prescription drug orders and patient medication records to
20resolve conflicts with the following:
21        (1) known allergies;
22        (2) drug or potential therapy contraindications;
23        (3) reasonable dose, duration of use, and route of
24    administration, taking into consideration factors such as
25    age, gender, and contraindications;
26        (4) reasonable directions for use;

 

 

HB2976 Engrossed- 346 -LRB097 06385 KTG 46467 b

1        (5) potential or actual adverse drug reactions;
2        (6) drug-drug interactions;
3        (7) drug-food interactions;
4        (8) drug-disease contraindications;
5        (9) identification of therapeutic duplication;
6        (10) patient laboratory values when authorized and
7    available;
8        (11) proper utilization (including over or under
9    utilization) and optimum therapeutic outcomes; and
10        (12) drug abuse and misuse.
11"Medication therapy management services" includes the
12following:
13        (1) documenting the services delivered and
14    communicating the information provided to patients'
15    prescribers within an appropriate time frame, not to exceed
16    48 hours;
17        (2) providing patient counseling designed to enhance a
18    patient's understanding and the appropriate use of his or
19    her medications; and
20        (3) providing information, support services, and
21    resources designed to enhance a patient's adherence with
22    his or her prescribed therapeutic regimens.
23"Medication therapy management services" may also include
24patient care functions authorized by a physician licensed to
25practice medicine in all its branches for his or her identified
26patient or groups of patients under specified conditions or

 

 

HB2976 Engrossed- 347 -LRB097 06385 KTG 46467 b

1limitations in a standing order from the physician.
2"Medication therapy management services" in a licensed
3hospital may also include the following:
4        (1) reviewing assessments of the patient's health
5    status; and
6        (2) following protocols of a hospital pharmacy and
7    therapeutics committee with respect to the fulfillment of
8    medication orders.
9    (bb) "Pharmacist care" means the provision by a pharmacist
10of medication therapy management services, with or without the
11dispensing of drugs or devices, intended to achieve outcomes
12that improve patient health, quality of life, and comfort and
13enhance patient safety.
14    (cc) "Protected health information" means individually
15identifiable health information that, except as otherwise
16provided, is:
17        (1) transmitted by electronic media;
18        (2) maintained in any medium set forth in the
19    definition of "electronic media" in the federal Health
20    Insurance Portability and Accountability Act; or
21        (3) transmitted or maintained in any other form or
22    medium.
23"Protected health information" does not include individually
24identifiable health information found in:
25        (1) education records covered by the federal Family
26    Educational Right and Privacy Act; or

 

 

HB2976 Engrossed- 348 -LRB097 06385 KTG 46467 b

1        (2) employment records held by a licensee in its role
2    as an employer.
3    (dd) "Standing order" means a specific order for a patient
4or group of patients issued by a physician licensed to practice
5medicine in all its branches in Illinois.
6    (ee) "Address of record" means the address recorded by the
7Department in the applicant's or licensee's application file or
8license file, as maintained by the Department's licensure
9maintenance unit.
10    (ff) "Home pharmacy" means the location of a pharmacy's
11primary operations.
12(Source: P.A. 95-689, eff. 10-29-07; 96-339, eff. 7-1-10;
1396-673, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1353, eff.
147-28-10.)
 
15    Section 82. The Nurse Agency Licensing Act is amended by
16changing Section 3 as follows:
 
17    (225 ILCS 510/3)  (from Ch. 111, par. 953)
18    Sec. 3. Definitions. As used in this Act:
19    (a) "Certified nurse aide" means an individual certified as
20defined in Section 3-206 of the Nursing Home Care Act or
21Section 3-206 of the ID/DD MR/DD Community Care Act, as now or
22hereafter amended.
23    (b) "Department" means the Department of Labor.
24    (c) "Director" means the Director of Labor.

 

 

HB2976 Engrossed- 349 -LRB097 06385 KTG 46467 b

1    (d) "Health care facility" is defined as in Section 3 of
2the Illinois Health Facilities Planning Act, as now or
3hereafter amended.
4    (e) "Licensee" means any nursing agency which is properly
5licensed under this Act.
6    (f) "Nurse" means a registered nurse or a licensed
7practical nurse as defined in the Nurse Practice Act.
8    (g) "Nurse agency" means any individual, firm,
9corporation, partnership or other legal entity that employs,
10assigns or refers nurses or certified nurse aides to a health
11care facility for a fee. The term "nurse agency" includes
12nurses registries. The term "nurse agency" does not include
13services provided by home health agencies licensed and operated
14under the Home Health, Home Services, and Home Nursing Agency
15Licensing Act or a licensed or certified individual who
16provides his or her own services as a regular employee of a
17health care facility, nor does it apply to a health care
18facility's organizing nonsalaried employees to provide
19services only in that facility.
20(Source: P.A. 95-639, eff. 10-5-07; 96-339, eff. 7-1-10.)
 
21    Section 85. The Illinois Public Aid Code is amended by
22changing Sections 5-1.1, 5-5.4, 5-5.7, 5-5.17, 5-6, 5-13, 5B-1,
235C-1, 5E-5, 8A-11, and 11-4.1 and by changing and renumbering
24Section 12-4.40 as added by Public Act 96-1405 as follows:
 

 

 

HB2976 Engrossed- 350 -LRB097 06385 KTG 46467 b

1    (305 ILCS 5/5-1.1)  (from Ch. 23, par. 5-1.1)
2    Sec. 5-1.1. Definitions. The terms defined in this Section
3shall have the meanings ascribed to them, except when the
4context otherwise requires.
5    (a) "Nursing facility" means a facility, licensed by the
6Department of Public Health under the Nursing Home Care Act,
7that provides nursing facility services within the meaning of
8Title XIX of the federal Social Security Act.
9    (b) "Intermediate care facility for the developmentally
10disabled" or "ICF/DD" means a facility, licensed by the
11Department of Public Health under the ID/DD MR/DD Community
12Care Act, that is an intermediate care facility for the
13mentally retarded within the meaning of Title XIX of the
14federal Social Security Act.
15    (c) "Standard services" means those services required for
16the care of all patients in the facility and shall, as a
17minimum, include the following: (1) administration; (2)
18dietary (standard); (3) housekeeping; (4) laundry and linen;
19(5) maintenance of property and equipment, including
20utilities; (6) medical records; (7) training of employees; (8)
21utilization review; (9) activities services; (10) social
22services; (11) disability services; and all other similar
23services required by either the laws of the State of Illinois
24or one of its political subdivisions or municipalities or by
25Title XIX of the Social Security Act.
26    (d) "Patient services" means those which vary with the

 

 

HB2976 Engrossed- 351 -LRB097 06385 KTG 46467 b

1number of personnel; professional and para-professional skills
2of the personnel; specialized equipment, and reflect the
3intensity of the medical and psycho-social needs of the
4patients. Patient services shall as a minimum include: (1)
5physical services; (2) nursing services, including restorative
6nursing; (3) medical direction and patient care planning; (4)
7health related supportive and habilitative services and all
8similar services required by either the laws of the State of
9Illinois or one of its political subdivisions or municipalities
10or by Title XIX of the Social Security Act.
11    (e) "Ancillary services" means those services which
12require a specific physician's order and defined as under the
13medical assistance program as not being routine in nature for
14skilled nursing facilities and ICF/DDs. Such services
15generally must be authorized prior to delivery and payment as
16provided for under the rules of the Department of Healthcare
17and Family Services.
18    (f) "Capital" means the investment in a facility's assets
19for both debt and non-debt funds. Non-debt capital is the
20difference between an adjusted replacement value of the assets
21and the actual amount of debt capital.
22    (g) "Profit" means the amount which shall accrue to a
23facility as a result of its revenues exceeding its expenses as
24determined in accordance with generally accepted accounting
25principles.
26    (h) "Non-institutional services" means those services

 

 

HB2976 Engrossed- 352 -LRB097 06385 KTG 46467 b

1provided under paragraph (f) of Section 3 of the Disabled
2Persons Rehabilitation Act and those services provided under
3Section 4.02 of the Illinois Act on the Aging.
4    (i) "Exceptional medical care" means the level of medical
5care required by persons who are medically stable for discharge
6from a hospital but who require acute intensity hospital level
7care for physician, nurse and ancillary specialist services,
8including persons with acquired immunodeficiency syndrome
9(AIDS) or a related condition. Such care shall consist of those
10services which the Department shall determine by rule.
11    (j) "Institutionalized person" means an individual who is
12an inpatient in an ICF/DD or nursing facility, or who is an
13inpatient in a medical institution receiving a level of care
14equivalent to that of an ICF/DD or nursing facility, or who is
15receiving services under Section 1915(c) of the Social Security
16Act.
17    (k) "Institutionalized spouse" means an institutionalized
18person who is expected to receive services at the same level of
19care for at least 30 days and is married to a spouse who is not
20an institutionalized person.
21    (l) "Community spouse" is the spouse of an
22institutionalized spouse.
23(Source: P.A. 95-331, eff. 8-21-07; 96-1530, eff. 2-16-11.)
 
24    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
25    Sec. 5-5.4. Standards of Payment - Department of Healthcare

 

 

HB2976 Engrossed- 353 -LRB097 06385 KTG 46467 b

1and Family Services. The Department of Healthcare and Family
2Services shall develop standards of payment of nursing facility
3and ICF/DD services in facilities providing such services under
4this Article which:
5    (1) Provide for the determination of a facility's payment
6for nursing facility or ICF/DD services on a prospective basis.
7The amount of the payment rate for all nursing facilities
8certified by the Department of Public Health under the ID/DD
9MR/DD Community Care Act or the Nursing Home Care Act as
10Intermediate Care for the Developmentally Disabled facilities,
11Long Term Care for Under Age 22 facilities, Skilled Nursing
12facilities, or Intermediate Care facilities under the medical
13assistance program shall be prospectively established annually
14on the basis of historical, financial, and statistical data
15reflecting actual costs from prior years, which shall be
16applied to the current rate year and updated for inflation,
17except that the capital cost element for newly constructed
18facilities shall be based upon projected budgets. The annually
19established payment rate shall take effect on July 1 in 1984
20and subsequent years. No rate increase and no update for
21inflation shall be provided on or after July 1, 1994 and before
22July 1, 2012, unless specifically provided for in this Section.
23The changes made by Public Act 93-841 extending the duration of
24the prohibition against a rate increase or update for inflation
25are effective retroactive to July 1, 2004.
26    For facilities licensed by the Department of Public Health

 

 

HB2976 Engrossed- 354 -LRB097 06385 KTG 46467 b

1under the Nursing Home Care Act as Intermediate Care for the
2Developmentally Disabled facilities or Long Term Care for Under
3Age 22 facilities, the rates taking effect on July 1, 1998
4shall include an increase of 3%. For facilities licensed by the
5Department of Public Health under the Nursing Home Care Act as
6Skilled Nursing facilities or Intermediate Care facilities,
7the rates taking effect on July 1, 1998 shall include an
8increase of 3% plus $1.10 per resident-day, as defined by the
9Department. For facilities licensed by the Department of Public
10Health under the Nursing Home Care Act as Intermediate Care
11Facilities for the Developmentally Disabled or Long Term Care
12for Under Age 22 facilities, the rates taking effect on January
131, 2006 shall include an increase of 3%. For facilities
14licensed by the Department of Public Health under the Nursing
15Home Care Act as Intermediate Care Facilities for the
16Developmentally Disabled or Long Term Care for Under Age 22
17facilities, the rates taking effect on January 1, 2009 shall
18include an increase sufficient to provide a $0.50 per hour wage
19increase for non-executive staff.
20    For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as Intermediate Care for the
22Developmentally Disabled facilities or Long Term Care for Under
23Age 22 facilities, the rates taking effect on July 1, 1999
24shall include an increase of 1.6% plus $3.00 per resident-day,
25as defined by the Department. For facilities licensed by the
26Department of Public Health under the Nursing Home Care Act as

 

 

HB2976 Engrossed- 355 -LRB097 06385 KTG 46467 b

1Skilled Nursing facilities or Intermediate Care facilities,
2the rates taking effect on July 1, 1999 shall include an
3increase of 1.6% and, for services provided on or after October
41, 1999, shall be increased by $4.00 per resident-day, as
5defined by the Department.
6    For facilities licensed by the Department of Public Health
7under the Nursing Home Care Act as Intermediate Care for the
8Developmentally Disabled facilities or Long Term Care for Under
9Age 22 facilities, the rates taking effect on July 1, 2000
10shall include an increase of 2.5% per resident-day, as defined
11by the Department. For facilities licensed by the Department of
12Public Health under the Nursing Home Care Act as Skilled
13Nursing facilities or Intermediate Care facilities, the rates
14taking effect on July 1, 2000 shall include an increase of 2.5%
15per resident-day, as defined by the Department.
16    For facilities licensed by the Department of Public Health
17under the Nursing Home Care Act as skilled nursing facilities
18or intermediate care facilities, a new payment methodology must
19be implemented for the nursing component of the rate effective
20July 1, 2003. The Department of Public Aid (now Healthcare and
21Family Services) shall develop the new payment methodology
22using the Minimum Data Set (MDS) as the instrument to collect
23information concerning nursing home resident condition
24necessary to compute the rate. The Department shall develop the
25new payment methodology to meet the unique needs of Illinois
26nursing home residents while remaining subject to the

 

 

HB2976 Engrossed- 356 -LRB097 06385 KTG 46467 b

1appropriations provided by the General Assembly. A transition
2period from the payment methodology in effect on June 30, 2003
3to the payment methodology in effect on July 1, 2003 shall be
4provided for a period not exceeding 3 years and 184 days after
5implementation of the new payment methodology as follows:
6        (A) For a facility that would receive a lower nursing
7    component rate per patient day under the new system than
8    the facility received effective on the date immediately
9    preceding the date that the Department implements the new
10    payment methodology, the nursing component rate per
11    patient day for the facility shall be held at the level in
12    effect on the date immediately preceding the date that the
13    Department implements the new payment methodology until a
14    higher nursing component rate of reimbursement is achieved
15    by that facility.
16        (B) For a facility that would receive a higher nursing
17    component rate per patient day under the payment
18    methodology in effect on July 1, 2003 than the facility
19    received effective on the date immediately preceding the
20    date that the Department implements the new payment
21    methodology, the nursing component rate per patient day for
22    the facility shall be adjusted.
23        (C) Notwithstanding paragraphs (A) and (B), the
24    nursing component rate per patient day for the facility
25    shall be adjusted subject to appropriations provided by the
26    General Assembly.

 

 

HB2976 Engrossed- 357 -LRB097 06385 KTG 46467 b

1    For facilities licensed by the Department of Public Health
2under the Nursing Home Care Act as Intermediate Care for the
3Developmentally Disabled facilities or Long Term Care for Under
4Age 22 facilities, the rates taking effect on March 1, 2001
5shall include a statewide increase of 7.85%, as defined by the
6Department.
7    Notwithstanding any other provision of this Section, for
8facilities licensed by the Department of Public Health under
9the Nursing Home Care Act as skilled nursing facilities or
10intermediate care facilities, except facilities participating
11in the Department's demonstration program pursuant to the
12provisions of Title 77, Part 300, Subpart T of the Illinois
13Administrative Code, the numerator of the ratio used by the
14Department of Healthcare and Family Services to compute the
15rate payable under this Section using the Minimum Data Set
16(MDS) methodology shall incorporate the following annual
17amounts as the additional funds appropriated to the Department
18specifically to pay for rates based on the MDS nursing
19component methodology in excess of the funding in effect on
20December 31, 2006:
21        (i) For rates taking effect January 1, 2007,
22    $60,000,000.
23        (ii) For rates taking effect January 1, 2008,
24    $110,000,000.
25        (iii) For rates taking effect January 1, 2009,
26    $194,000,000.

 

 

HB2976 Engrossed- 358 -LRB097 06385 KTG 46467 b

1        (iv) For rates taking effect April 1, 2011, or the
2    first day of the month that begins at least 45 days after
3    the effective date of this amendatory Act of the 96th
4    General Assembly, $416,500,000 or an amount as may be
5    necessary to complete the transition to the MDS methodology
6    for the nursing component of the rate.
7    Notwithstanding any other provision of this Section, for
8facilities licensed by the Department of Public Health under
9the Nursing Home Care Act as skilled nursing facilities or
10intermediate care facilities, the support component of the
11rates taking effect on January 1, 2008 shall be computed using
12the most recent cost reports on file with the Department of
13Healthcare and Family Services no later than April 1, 2005,
14updated for inflation to January 1, 2006.
15    For facilities licensed by the Department of Public Health
16under the Nursing Home Care Act as Intermediate Care for the
17Developmentally Disabled facilities or Long Term Care for Under
18Age 22 facilities, the rates taking effect on April 1, 2002
19shall include a statewide increase of 2.0%, as defined by the
20Department. This increase terminates on July 1, 2002; beginning
21July 1, 2002 these rates are reduced to the level of the rates
22in effect on March 31, 2002, as defined by the Department.
23    For facilities licensed by the Department of Public Health
24under the Nursing Home Care Act as skilled nursing facilities
25or intermediate care facilities, the rates taking effect on
26July 1, 2001 shall be computed using the most recent cost

 

 

HB2976 Engrossed- 359 -LRB097 06385 KTG 46467 b

1reports on file with the Department of Public Aid no later than
2April 1, 2000, updated for inflation to January 1, 2001. For
3rates effective July 1, 2001 only, rates shall be the greater
4of the rate computed for July 1, 2001 or the rate effective on
5June 30, 2001.
6    Notwithstanding any other provision of this Section, for
7facilities licensed by the Department of Public Health under
8the Nursing Home Care Act as skilled nursing facilities or
9intermediate care facilities, the Illinois Department shall
10determine by rule the rates taking effect on July 1, 2002,
11which shall be 5.9% less than the rates in effect on June 30,
122002.
13    Notwithstanding any other provision of this Section, for
14facilities licensed by the Department of Public Health under
15the Nursing Home Care Act as skilled nursing facilities or
16intermediate care facilities, if the payment methodologies
17required under Section 5A-12 and the waiver granted under 42
18CFR 433.68 are approved by the United States Centers for
19Medicare and Medicaid Services, the rates taking effect on July
201, 2004 shall be 3.0% greater than the rates in effect on June
2130, 2004. These rates shall take effect only upon approval and
22implementation of the payment methodologies required under
23Section 5A-12.
24    Notwithstanding any other provisions of this Section, for
25facilities licensed by the Department of Public Health under
26the Nursing Home Care Act as skilled nursing facilities or

 

 

HB2976 Engrossed- 360 -LRB097 06385 KTG 46467 b

1intermediate care facilities, the rates taking effect on
2January 1, 2005 shall be 3% more than the rates in effect on
3December 31, 2004.
4    Notwithstanding any other provision of this Section, for
5facilities licensed by the Department of Public Health under
6the Nursing Home Care Act as skilled nursing facilities or
7intermediate care facilities, effective January 1, 2009, the
8per diem support component of the rates effective on January 1,
92008, computed using the most recent cost reports on file with
10the Department of Healthcare and Family Services no later than
11April 1, 2005, updated for inflation to January 1, 2006, shall
12be increased to the amount that would have been derived using
13standard Department of Healthcare and Family Services methods,
14procedures, and inflators.
15    Notwithstanding any other provisions of this Section, for
16facilities licensed by the Department of Public Health under
17the Nursing Home Care Act as intermediate care facilities that
18are federally defined as Institutions for Mental Disease, a
19socio-development component rate equal to 6.6% of the
20facility's nursing component rate as of January 1, 2006 shall
21be established and paid effective July 1, 2006. The
22socio-development component of the rate shall be increased by a
23factor of 2.53 on the first day of the month that begins at
24least 45 days after January 11, 2008 (the effective date of
25Public Act 95-707). As of August 1, 2008, the socio-development
26component rate shall be equal to 6.6% of the facility's nursing

 

 

HB2976 Engrossed- 361 -LRB097 06385 KTG 46467 b

1component rate as of January 1, 2006, multiplied by a factor of
23.53. For services provided on or after April 1, 2011, or the
3first day of the month that begins at least 45 days after the
4effective date of this amendatory Act of the 96th General
5Assembly, whichever is later, the Illinois Department may by
6rule adjust these socio-development component rates, and may
7use different adjustment methodologies for those facilities
8participating, and those not participating, in the Illinois
9Department's demonstration program pursuant to the provisions
10of Title 77, Part 300, Subpart T of the Illinois Administrative
11Code, but in no case may such rates be diminished below those
12in effect on August 1, 2008.
13    For facilities licensed by the Department of Public Health
14under the Nursing Home Care Act as Intermediate Care for the
15Developmentally Disabled facilities or as long-term care
16facilities for residents under 22 years of age, the rates
17taking effect on July 1, 2003 shall include a statewide
18increase of 4%, as defined by the Department.
19    For facilities licensed by the Department of Public Health
20under the Nursing Home Care Act as Intermediate Care for the
21Developmentally Disabled facilities or Long Term Care for Under
22Age 22 facilities, the rates taking effect on the first day of
23the month that begins at least 45 days after the effective date
24of this amendatory Act of the 95th General Assembly shall
25include a statewide increase of 2.5%, as defined by the
26Department.

 

 

HB2976 Engrossed- 362 -LRB097 06385 KTG 46467 b

1    Notwithstanding any other provision of this Section, for
2facilities licensed by the Department of Public Health under
3the Nursing Home Care Act as skilled nursing facilities or
4intermediate care facilities, effective January 1, 2005,
5facility rates shall be increased by the difference between (i)
6a facility's per diem property, liability, and malpractice
7insurance costs as reported in the cost report filed with the
8Department of Public Aid and used to establish rates effective
9July 1, 2001 and (ii) those same costs as reported in the
10facility's 2002 cost report. These costs shall be passed
11through to the facility without caps or limitations, except for
12adjustments required under normal auditing procedures.
13    Rates established effective each July 1 shall govern
14payment for services rendered throughout that fiscal year,
15except that rates established on July 1, 1996 shall be
16increased by 6.8% for services provided on or after January 1,
171997. Such rates will be based upon the rates calculated for
18the year beginning July 1, 1990, and for subsequent years
19thereafter until June 30, 2001 shall be based on the facility
20cost reports for the facility fiscal year ending at any point
21in time during the previous calendar year, updated to the
22midpoint of the rate year. The cost report shall be on file
23with the Department no later than April 1 of the current rate
24year. Should the cost report not be on file by April 1, the
25Department shall base the rate on the latest cost report filed
26by each skilled care facility and intermediate care facility,

 

 

HB2976 Engrossed- 363 -LRB097 06385 KTG 46467 b

1updated to the midpoint of the current rate year. In
2determining rates for services rendered on and after July 1,
31985, fixed time shall not be computed at less than zero. The
4Department shall not make any alterations of regulations which
5would reduce any component of the Medicaid rate to a level
6below what that component would have been utilizing in the rate
7effective on July 1, 1984.
8    (2) Shall take into account the actual costs incurred by
9facilities in providing services for recipients of skilled
10nursing and intermediate care services under the medical
11assistance program.
12    (3) Shall take into account the medical and psycho-social
13characteristics and needs of the patients.
14    (4) Shall take into account the actual costs incurred by
15facilities in meeting licensing and certification standards
16imposed and prescribed by the State of Illinois, any of its
17political subdivisions or municipalities and by the U.S.
18Department of Health and Human Services pursuant to Title XIX
19of the Social Security Act.
20    The Department of Healthcare and Family Services shall
21develop precise standards for payments to reimburse nursing
22facilities for any utilization of appropriate rehabilitative
23personnel for the provision of rehabilitative services which is
24authorized by federal regulations, including reimbursement for
25services provided by qualified therapists or qualified
26assistants, and which is in accordance with accepted

 

 

HB2976 Engrossed- 364 -LRB097 06385 KTG 46467 b

1professional practices. Reimbursement also may be made for
2utilization of other supportive personnel under appropriate
3supervision.
4    The Department shall develop enhanced payments to offset
5the additional costs incurred by a facility serving exceptional
6need residents and shall allocate at least $8,000,000 of the
7funds collected from the assessment established by Section 5B-2
8of this Code for such payments. For the purpose of this
9Section, "exceptional needs" means, but need not be limited to,
10ventilator care, tracheotomy care, bariatric care, complex
11wound care, and traumatic brain injury care.
12    (5) Beginning July 1, 2012 the methodologies for
13reimbursement of nursing facility services as provided under
14this Section 5-5.4 shall no longer be applicable for bills
15payable for State fiscal years 2012 and thereafter.
16(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,
17eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;
1896-339, eff. 7-1-10; 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10;
1996-1530, eff. 2-16-11.)
 
20    (305 ILCS 5/5-5.7)  (from Ch. 23, par. 5-5.7)
21    Sec. 5-5.7. Cost Reports - Audits. The Department of
22Healthcare and Family Services shall work with the Department
23of Public Health to use cost report information currently being
24collected under provisions of the Nursing Home Care Act and the
25ID/DD MR/DD Community Care Act. The Department of Healthcare

 

 

HB2976 Engrossed- 365 -LRB097 06385 KTG 46467 b

1and Family Services may, in conjunction with the Department of
2Public Health, develop in accordance with generally accepted
3accounting principles a uniform chart of accounts which each
4facility providing services under the medical assistance
5program shall adopt, after a reasonable period.
6    Nursing homes licensed under the Nursing Home Care Act or
7the ID/DD MR/DD Community Care Act and providers of adult
8developmental training services certified by the Department of
9Human Services pursuant to Section 15.2 of the Mental Health
10and Developmental Disabilities Administrative Act which
11provide services to clients eligible for medical assistance
12under this Article are responsible for submitting the required
13annual cost report to the Department of Healthcare and Family
14Services.
15    The Department of Healthcare and Family Services shall
16audit the financial and statistical records of each provider
17participating in the medical assistance program as a nursing
18facility or ICF/DD over a 3 year period, beginning with the
19close of the first cost reporting year. Following the end of
20this 3-year term, audits of the financial and statistical
21records will be performed each year in at least 20% of the
22facilities participating in the medical assistance program
23with at least 10% being selected on a random sample basis, and
24the remainder selected on the basis of exceptional profiles.
25All audits shall be conducted in accordance with generally
26accepted auditing standards.

 

 

HB2976 Engrossed- 366 -LRB097 06385 KTG 46467 b

1    The Department of Healthcare and Family Services shall
2establish prospective payment rates for categories of service
3needed within the nursing facility or ICF/DD levels of
4services, in order to more appropriately recognize the
5individual needs of patients in nursing facilities.
6    The Department of Healthcare and Family Services shall
7provide, during the process of establishing the payment rate
8for nursing facility or ICF/DD services, or when a substantial
9change in rates is proposed, an opportunity for public review
10and comment on the proposed rates prior to their becoming
11effective.
12(Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10;
1396-1530, eff. 2-16-11.)
 
14    (305 ILCS 5/5-5.17)  (from Ch. 23, par. 5-5.17)
15    Sec. 5-5.17. Separate reimbursement rate. The Illinois
16Department may by rule establish a separate reimbursement rate
17to be paid to long term care facilities for adult developmental
18training services as defined in Section 15.2 of the Mental
19Health and Developmental Disabilities Administrative Act which
20are provided to intellectually disabled mentally retarded
21residents of such facilities who receive aid under this
22Article. Any such reimbursement shall be based upon cost
23reports submitted by the providers of such services and shall
24be paid by the long term care facility to the provider within
25such time as the Illinois Department shall prescribe by rule,

 

 

HB2976 Engrossed- 367 -LRB097 06385 KTG 46467 b

1but in no case less than 3 business days after receipt of the
2reimbursement by such facility from the Illinois Department.
3The Illinois Department may impose a penalty upon a facility
4which does not make payment to the provider of adult
5developmental training services within the time so prescribed,
6up to the amount of payment not made to the provider.
7(Source: P.A. 89-507, eff. 7-1-97.)
 
8    (305 ILCS 5/5-6)  (from Ch. 23, par. 5-6)
9    Sec. 5-6. Obligations incurred prior to death of a
10recipient. Obligations incurred but not paid for at the time of
11a recipient's death for services authorized under Section 5-5,
12including medical and other care in group care facilities as
13defined in the Nursing Home Care Act or the ID/DD MR/DD
14Community Care Act, or in like facilities not required to be
15licensed under that Act, may be paid, subject to the rules and
16regulations of the Illinois Department, after the death of the
17recipient.
18(Source: P.A. 96-339, eff. 7-1-10.)
 
19    (305 ILCS 5/5-13)  (from Ch. 23, par. 5-13)
20    Sec. 5-13. Claim against estate of recipients. To the
21extent permitted under the federal Social Security Act, the
22amount expended under this Article (1) for a person of any age
23who is an inpatient in a nursing facility, an intermediate care
24facility for the intellectually disabled mentally retarded, or

 

 

HB2976 Engrossed- 368 -LRB097 06385 KTG 46467 b

1other medical institution, or (2) for a person aged 55 or more,
2shall be a claim against the person's estate or a claim against
3the estate of the person's spouse, regardless of the order of
4death, but no recovery may be had thereon until after the death
5of the surviving spouse, if any, and then only at such time
6when there is no surviving child who is under age 21, or blind,
7or permanently and totally disabled. This Section, however,
8shall not bar recovery at the death of the person of amounts of
9medical assistance paid to or in his behalf to which he was not
10entitled; provided that such recovery shall not be enforced
11against any real estate while it is occupied as a homestead by
12the surviving spouse or other dependent, if no claims by other
13creditors have been filed against the estate, or if such claims
14have been filed, they remain dormant for failure of prosecution
15or failure of the claimant to compel administration of the
16estate for the purpose of payment. The term "estate", as used
17in this Section, with respect to a deceased person, means all
18real and personal property and other assets included within the
19person's estate, as that term is used in the Probate Act of
201975; however, in the case of a deceased person who has
21received (or is entitled to receive) benefits under a long-term
22care insurance policy in connection with which assets or
23resources are disregarded to the extent that payments are made
24or because the deceased person received (or was entitled to
25receive) benefits under a long-term care insurance policy,
26"estate" also includes any other real and personal property and

 

 

HB2976 Engrossed- 369 -LRB097 06385 KTG 46467 b

1other assets in which the deceased person had any legal title
2or interest at the time of his or her death (to the extent of
3that interest), including assets conveyed to a survivor, heir,
4or assignee of the deceased person through joint tenancy,
5tenancy in common, survivorship, life estate, living trust, or
6other arrangement. The term "homestead", as used in this
7Section, means the dwelling house and contiguous real estate
8occupied by a surviving spouse or relative, as defined by the
9rules and regulations of the Illinois Department, regardless of
10the value of the property.
11    A claim arising under this Section against assets conveyed
12to a survivor, heir, or assignee of the deceased person through
13joint tenancy, tenancy in common, survivorship, life estate,
14living trust, or other arrangement is not effective until the
15claim is recorded or filed in the manner provided for a notice
16of lien in Section 3-10.2. The claim is subject to the same
17requirements and conditions to which liens on real property
18interests are subject under Sections 3-10.1 through 3-10.10. A
19claim arising under this Section attaches to interests owned or
20subsequently acquired by the estate of a recipient or the
21estate of a recipient's surviving spouse. The transfer or
22conveyance of any real or personal property of the estate as
23defined in this Section shall be subject to the fraudulent
24transfer conditions that apply to real property in Section 3-11
25of this Code.
26    The provisions of this Section shall not affect the

 

 

HB2976 Engrossed- 370 -LRB097 06385 KTG 46467 b

1validity of claims against estates for medical assistance
2provided prior to January 1, 1966 to aged, blind, or disabled
3persons receiving aid under Articles V, VII and VII-A of the
41949 Code.
5(Source: P.A. 88-85; 88-554, eff. 7-26-94; 89-21, eff. 7-1-95;
689-437, eff. 12-15-95; 89-686, eff. 12-31-96.)
 
7    (305 ILCS 5/5B-1)  (from Ch. 23, par. 5B-1)
8    Sec. 5B-1. Definitions. As used in this Article, unless the
9context requires otherwise:
10    "Fund" means the Long-Term Care Provider Fund.
11    "Long-term care facility" means (i) a nursing facility,
12whether public or private and whether organized for profit or
13not-for-profit, that is subject to licensure by the Illinois
14Department of Public Health under the Nursing Home Care Act or
15the ID/DD MR/DD Community Care Act, including a county nursing
16home directed and maintained under Section 5-1005 of the
17Counties Code, and (ii) a part of a hospital in which skilled
18or intermediate long-term care services within the meaning of
19Title XVIII or XIX of the Social Security Act are provided;
20except that the term "long-term care facility" does not include
21a facility operated by a State agency, a facility participating
22in the Illinois Department's demonstration program pursuant to
23the provisions of Title 77, Part 300, Subpart T of the Illinois
24Administrative Code, or operated solely as an intermediate care
25facility for the mentally retarded within the meaning of Title

 

 

HB2976 Engrossed- 371 -LRB097 06385 KTG 46467 b

1XIX of the Social Security Act.
2    "Long-term care provider" means (i) a person licensed by
3the Department of Public Health to operate and maintain a
4skilled nursing or intermediate long-term care facility or (ii)
5a hospital provider that provides skilled or intermediate
6long-term care services within the meaning of Title XVIII or
7XIX of the Social Security Act. For purposes of this paragraph,
8"person" means any political subdivision of the State,
9municipal corporation, individual, firm, partnership,
10corporation, company, limited liability company, association,
11joint stock association, or trust, or a receiver, executor,
12trustee, guardian, or other representative appointed by order
13of any court. "Hospital provider" means a person licensed by
14the Department of Public Health to conduct, operate, or
15maintain a hospital.
16    "Occupied bed days" shall be computed separately for each
17long-term care facility operated or maintained by a long-term
18care provider, and means the sum for all beds of the number of
19days during the month on which each bed was occupied by a
20resident, other than a resident for whom Medicare Part A is the
21primary payer.
22(Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11.)
 
23    (305 ILCS 5/5C-1)  (from Ch. 23, par. 5C-1)
24    Sec. 5C-1. Definitions. As used in this Article, unless the
25context requires otherwise:

 

 

HB2976 Engrossed- 372 -LRB097 06385 KTG 46467 b

1    "Fund" means the Developmentally Disabled Care Provider
2Fund.
3    "Developmentally disabled care facility" means an
4intermediate care facility for the intellectually disabled
5mentally retarded within the meaning of Title XIX of the Social
6Security Act, whether public or private and whether organized
7for profit or not-for-profit, but shall not include any
8facility operated by the State.
9    "Developmentally disabled care provider" means a person
10conducting, operating, or maintaining a developmentally
11disabled care facility. For this purpose, "person" means any
12political subdivision of the State, municipal corporation,
13individual, firm, partnership, corporation, company, limited
14liability company, association, joint stock association, or
15trust, or a receiver, executor, trustee, guardian or other
16representative appointed by order of any court.
17    "Adjusted gross developmentally disabled care revenue"
18shall be computed separately for each developmentally disabled
19care facility conducted, operated, or maintained by a
20developmentally disabled care provider, and means the
21developmentally disabled care provider's total revenue for
22inpatient residential services less contractual allowances and
23discounts on patients' accounts, but does not include
24non-patient revenue from sources such as contributions,
25donations or bequests, investments, day training services,
26television and telephone service, and rental of facility space.

 

 

HB2976 Engrossed- 373 -LRB097 06385 KTG 46467 b

1(Source: P.A. 87-861.)
 
2    (305 ILCS 5/5E-5)
3    Sec. 5E-5. Definitions. As used in this Article, unless the
4context requires otherwise:
5    "Nursing home" means (i) a skilled nursing or intermediate
6long-term care facility, whether public or private and whether
7organized for profit or not-for-profit, that is subject to
8licensure by the Illinois Department of Public Health under the
9Nursing Home Care Act or the ID/DD MR/DD Community Care Act,
10including a county nursing home directed and maintained under
11Section 5-1005 of the Counties Code, and (ii) a part of a
12hospital in which skilled or intermediate long-term care
13services within the meaning of Title XVIII or XIX of the Social
14Security Act are provided; except that the term "nursing home"
15does not include a facility operated solely as an intermediate
16care facility for the intellectually disabled mentally
17retarded within the meaning of Title XIX of the Social Security
18Act.
19    "Nursing home provider" means (i) a person licensed by the
20Department of Public Health to operate and maintain a skilled
21nursing or intermediate long-term care facility which charges
22its residents, a third party payor, Medicaid, or Medicare for
23skilled nursing or intermediate long-term care services, or
24(ii) a hospital provider that provides skilled or intermediate
25long-term care services within the meaning of Title XVIII or

 

 

HB2976 Engrossed- 374 -LRB097 06385 KTG 46467 b

1XIX of the Social Security Act. For purposes of this paragraph,
2"person" means any political subdivision of the State,
3municipal corporation, individual, firm, partnership,
4corporation, company, limited liability company, association,
5joint stock association, or trust, or a receiver, executor,
6trustee, guardian, or other representative appointed by order
7of any court. "Hospital provider" means a person licensed by
8the Department of Public Health to conduct, operate, or
9maintain a hospital.
10    "Licensed bed days" shall be computed separately for each
11nursing home operated or maintained by a nursing home provider
12and means, with respect to a nursing home provider, the sum for
13all nursing home beds of the number of days during a calendar
14quarter on which each bed is covered by a license issued to
15that provider under the Nursing Home Care Act or the Hospital
16Licensing Act.
17(Source: P.A. 96-339, eff. 7-1-10.)
 
18    (305 ILCS 5/8A-11)  (from Ch. 23, par. 8A-11)
19    Sec. 8A-11. (a) No person shall:
20        (1) Knowingly charge a resident of a nursing home for
21    any services provided pursuant to Article V of the Illinois
22    Public Aid Code, money or other consideration at a rate in
23    excess of the rates established for covered services by the
24    Illinois Department pursuant to Article V of The Illinois
25    Public Aid Code; or

 

 

HB2976 Engrossed- 375 -LRB097 06385 KTG 46467 b

1        (2) Knowingly charge, solicit, accept or receive, in
2    addition to any amount otherwise authorized or required to
3    be paid pursuant to Article V of The Illinois Public Aid
4    Code, any gift, money, donation or other consideration:
5            (i) As a precondition to admitting or expediting
6        the admission of a recipient or applicant, pursuant to
7        Article V of The Illinois Public Aid Code, to a
8        long-term care facility as defined in Section 1-113 of
9        the Nursing Home Care Act or a facility as defined in
10        Section 1-113 of the ID/DD MR/DD Community Care Act;
11        and
12            (ii) As a requirement for the recipient's or
13        applicant's continued stay in such facility when the
14        cost of the services provided therein to the recipient
15        is paid for, in whole or in part, pursuant to Article V
16        of The Illinois Public Aid Code.
17    (b) Nothing herein shall prohibit a person from making a
18voluntary contribution, gift or donation to a long-term care
19facility.
20    (c) This paragraph shall not apply to agreements to provide
21continuing care or life care between a life care facility as
22defined by the Life Care Facilities Act, and a person
23financially eligible for benefits pursuant to Article V of The
24Illinois Public Aid Code.
25    (d) Any person who violates this Section shall be guilty of
26a business offense and fined not less than $5,000 nor more than

 

 

HB2976 Engrossed- 376 -LRB097 06385 KTG 46467 b

1$25,000.
2    (e) "Person", as used in this Section, means an individual,
3corporation, partnership, or unincorporated association.
4    (f) The State's Attorney of the county in which the
5facility is located and the Attorney General shall be notified
6by the Illinois Department of any alleged violations of this
7Section known to the Department.
8    (g) The Illinois Department shall adopt rules and
9regulations to carry out the provisions of this Section.
10(Source: P.A. 96-339, eff. 7-1-10.)
 
11    (305 ILCS 5/11-4.1)
12    Sec. 11-4.1. Medical providers assisting with applications
13for medical assistance. A provider enrolled to provide medical
14assistance services may, upon the request of an individual,
15accompany, represent, and assist the individual in applying for
16medical assistance under Article V of this Code. If an
17individual is unable to request such assistance due to
18incapacity or mental incompetence and has no other
19representative willing or able to assist in the application
20process, a facility licensed under the Nursing Home Care Act or
21the ID/DD MR/DD Community Care Act or certified under this Code
22is authorized to assist the individual in applying for
23long-term care services. Subject to the provisions of the Free
24Healthcare Benefits Application Assistance Act, nothing in
25this Section shall be construed as prohibiting any individual

 

 

HB2976 Engrossed- 377 -LRB097 06385 KTG 46467 b

1or entity from assisting another individual in applying for
2medical assistance under Article V of this Code.
3(Source: P.A. 96-1439, eff. 8-20-10.)
 
4    (305 ILCS 5/12-4.42)
5    Sec. 12-4.42 12-4.40. Medicaid Revenue Maximization.
6    (a) Purpose. The General Assembly finds that there is a
7need to make changes to the administration of services provided
8by State and local governments in order to maximize federal
9financial participation.
10    (b) Definitions. As used in this Section:
11    "Community Medicaid mental health services" means all
12mental health services outlined in Section 132 of Title 59 of
13the Illinois Administrative Code that are funded through DHS,
14eligible for federal financial participation, and provided by a
15community-based provider.
16    "Community-based provider" means an entity enrolled as a
17provider pursuant to Sections 140.11 and 140.12 of Title 89 of
18the Illinois Administrative Code and certified to provide
19community Medicaid mental health services in accordance with
20Section 132 of Title 59 of the Illinois Administrative Code.
21    "DCFS" means the Department of Children and Family
22Services.
23    "Department" means the Illinois Department of Healthcare
24and Family Services.
25    "Developmentally disabled care facility" means an

 

 

HB2976 Engrossed- 378 -LRB097 06385 KTG 46467 b

1intermediate care facility for the intellectually disabled
2mentally retarded within the meaning of Title XIX of the Social
3Security Act, whether public or private and whether organized
4for profit or not-for-profit, but shall not include any
5facility operated by the State.
6    "Developmentally disabled care provider" means a person
7conducting, operating, or maintaining a developmentally
8disabled care facility. For purposes of this definition,
9"person" means any political subdivision of the State,
10municipal corporation, individual, firm, partnership,
11corporation, company, limited liability company, association,
12joint stock association, or trust, or a receiver, executor,
13trustee, guardian, or other representative appointed by order
14of any court.
15    "DHS" means the Illinois Department of Human Services.
16    "Hospital" means an institution, place, building, or
17agency located in this State that is licensed as a general
18acute hospital by the Illinois Department of Public Health
19under the Hospital Licensing Act, whether public or private and
20whether organized for profit or not-for-profit.
21    "Long term care facility" means (i) a skilled nursing or
22intermediate long term care facility, whether public or private
23and whether organized for profit or not-for-profit, that is
24subject to licensure by the Illinois Department of Public
25Health under the Nursing Home Care Act, including a county
26nursing home directed and maintained under Section 5-1005 of

 

 

HB2976 Engrossed- 379 -LRB097 06385 KTG 46467 b

1the Counties Code, and (ii) a part of a hospital in which
2skilled or intermediate long term care services within the
3meaning of Title XVIII or XIX of the Social Security Act are
4provided; except that the term "long term care facility" does
5not include a facility operated solely as an intermediate care
6facility for the intellectually disabled mentally retarded
7within the meaning of Title XIX of the Social Security Act.
8    "Long term care provider" means (i) a person licensed by
9the Department of Public Health to operate and maintain a
10skilled nursing or intermediate long term care facility or (ii)
11a hospital provider that provides skilled or intermediate long
12term care services within the meaning of Title XVIII or XIX of
13the Social Security Act. For purposes of this definition,
14"person" means any political subdivision of the State,
15municipal corporation, individual, firm, partnership,
16corporation, company, limited liability company, association,
17joint stock association, or trust, or a receiver, executor,
18trustee, guardian, or other representative appointed by order
19of any court.
20    "State-operated developmentally disabled care facility"
21means an intermediate care facility for the intellectually
22disabled mentally retarded within the meaning of Title XIX of
23the Social Security Act operated by the State.
24    (c) Administration and deposit of Revenues. The Department
25shall coordinate the implementation of changes required by this
26amendatory Act of the 96th General Assembly amongst the various

 

 

HB2976 Engrossed- 380 -LRB097 06385 KTG 46467 b

1State and local government bodies that administer programs
2referred to in this Section.
3    Revenues generated by program changes mandated by any
4provision in this Section, less reasonable administrative
5costs associated with the implementation of these program
6changes, shall be deposited into the Healthcare Provider Relief
7Fund.
8    The Department shall issue a report to the General Assembly
9detailing the implementation progress of this amendatory Act of
10the 96th General Assembly as a part of the Department's Medical
11Programs annual report for fiscal years 2010 and 2011.
12    (d) Acceleration of payment vouchers. To the extent
13practicable and permissible under federal law, the Department
14shall create all vouchers for long term care facilities and
15developmentally disabled care facilities for dates of service
16in the month in which the enhanced federal medical assistance
17percentage (FMAP) originally set forth in the American Recovery
18and Reinvestment Act (ARRA) expires and for dates of service in
19the month prior to that month and shall, no later than the 15th
20of the month in which the enhanced FMAP expires, submit these
21vouchers to the Comptroller for payment.
22    The Department of Human Services shall create the necessary
23documentation for State-operated developmentally disabled care
24facilities so that the necessary data for all dates of service
25before the expiration of the enhanced FMAP originally set forth
26in the ARRA can be adjudicated by the Department no later than

 

 

HB2976 Engrossed- 381 -LRB097 06385 KTG 46467 b

1the 15th of the month in which the enhanced FMAP expires.
2    (e) Billing of DHS community Medicaid mental health
3services. No later than July 1, 2011, community Medicaid mental
4health services provided by a community-based provider must be
5billed directly to the Department.
6    (f) DCFS Medicaid services. The Department shall work with
7DCFS to identify existing programs, pending qualifying
8services, that can be converted in an economically feasible
9manner to Medicaid in order to secure federal financial
10revenue.
11    (g) Third Party Liability recoveries. The Department shall
12contract with a vendor to support the Department in
13coordinating benefits for Medicaid enrollees. The scope of work
14shall include, at a minimum, the identification of other
15insurance for Medicaid enrollees and the recovery of funds paid
16by the Department when another payer was liable. The vendor may
17be paid a percentage of actual cash recovered when practical
18and subject to federal law.
19    (h) Public health departments. The Department shall
20identify unreimbursed costs for persons covered by Medicaid who
21are served by the Chicago Department of Public Health.
22    The Department shall assist the Chicago Department of
23Public Health in determining total unreimbursed costs
24associated with the provision of healthcare services to
25Medicaid enrollees.
26    The Department shall determine and draw the maximum

 

 

HB2976 Engrossed- 382 -LRB097 06385 KTG 46467 b

1allowable federal matching dollars associated with the cost of
2Chicago Department of Public Health services provided to
3Medicaid enrollees.
4    (i) Acceleration of hospital-based payments. The
5Department shall, by the 10th day of the month in which the
6enhanced FMAP originally set forth in the ARRA expires, create
7vouchers for all State fiscal year 2011 hospital payments
8exempt from the prompt payment requirements of the ARRA. The
9Department shall submit these vouchers to the Comptroller for
10payment.
11(Source: P.A. 96-1405, eff. 7-29-10; revised 9-9-10.)
 
12    Section 90. The Medicaid Revenue Act is amended by changing
13Section 1-2 as follows:
 
14    (305 ILCS 35/1-2)  (from Ch. 23, par. 7051-2)
15    Sec. 1-2. Legislative finding and declaration. The General
16Assembly hereby finds, determines, and declares:
17        (1) It is in the public interest and it is the public
18    policy of this State to provide for and improve the basic
19    medical care and long-term health care services of its
20    indigent, most vulnerable citizens.
21        (2) Preservation of health, alleviation of sickness,
22    and correction of handicapping conditions for persons
23    requiring maintenance support are essential if those
24    persons are to have an opportunity to become

 

 

HB2976 Engrossed- 383 -LRB097 06385 KTG 46467 b

1    self-supporting or to attain a greater capacity for
2    self-care.
3        (3) For persons who are medically indigent but
4    otherwise able to provide themselves a livelihood, it is of
5    special importance to maintain their incentives for
6    continued independence and preserve their limited
7    resources for ordinary maintenance needed to prevent their
8    total or substantial dependence on public support.
9        (4) The State has historically provided for care and
10    services, in conjunction with the federal government,
11    through the establishment and funding of a medical
12    assistance program administered by the Department of
13    Healthcare and Family Services (formerly Department of
14    Public Aid) and approved by the Secretary of Health and
15    Human Services under Title XIX of the federal Social
16    Security Act, that program being commonly referred to as
17    "Medicaid".
18        (5) The Medicaid program is a funding partnership
19    between the State of Illinois and the federal government,
20    with the Department of Healthcare and Family Services being
21    designated as the single State agency responsible for the
22    administration of the program, but with the State
23    historically receiving 50% of the amounts expended as
24    medical assistance under the Medicaid program from the
25    federal government.
26        (6) To raise a portion of Illinois' share of the

 

 

HB2976 Engrossed- 384 -LRB097 06385 KTG 46467 b

1    Medicaid funds after July 1, 1991, the General Assembly
2    enacted Public Act 87-13 to provide for the collection of
3    provider participation fees from designated health care
4    providers receiving Medicaid payments.
5        (7) On September 12, 1991, the Secretary of Health and
6    Human Services proposed regulations that could have
7    reduced the federal matching of Medicaid expenditures
8    incurred on or after January 1, 1992 by the portion of the
9    expenditures paid from funds raised through the provider
10    participation fees.
11        (8) To prevent the Secretary from enacting those
12    regulations but at the same time to impose certain
13    statutory limitations on the means by which states may
14    raise Medicaid funds eligible for federal matching,
15    Congress enacted the Medicaid Voluntary Contribution and
16    Provider-Specific Tax Amendments of 1991, Public Law
17    102-234.
18        (9) Public Law 102-234 provides for a state's share of
19    Medicaid funding eligible for federal matching to be raised
20    through "broad-based health care related taxes", meaning,
21    generally, a tax imposed with respect to a class of health
22    care items or services (or providers thereof) specified
23    therein, which (i) is imposed on all items or services or
24    providers in the class in the state, except federal or
25    public providers, and (ii) is imposed uniformly on all
26    providers in the class at the same rate with respect to the

 

 

HB2976 Engrossed- 385 -LRB097 06385 KTG 46467 b

1    same base.
2        (10) The separate classes of health care items and
3    services established by P.L. 102-234 include inpatient and
4    outpatient hospital services, nursing facility services,
5    and services of intermediate care facilities for the
6    intellectually disabled mentally retarded.
7        (11) The provider participation fees imposed under
8    P.A. 87-13 may not meet the standards under P.L. 102-234.
9        (12) The resulting hospital Medicaid reimbursement
10    reductions may force the closure of some hospitals now
11    serving a disproportionately high number of the needy, who
12    would then have to be cared for by remaining hospitals at
13    substantial cost to those remaining hospitals.
14        (13) The hospitals in the State are all part of and
15    benefit from a hospital system linked together in a number
16    of ways, including common licensing and regulation, health
17    care standards, education, research and disease control
18    reporting, patient transfers for specialist care, and
19    organ donor networks.
20        (14) Each hospital's patient population demographics,
21    including the proportion of patients whose care is paid by
22    Medicaid, is subject to change over time.
23        (15) Hospitals in the State have a special interest in
24    the payment of adequate reimbursement levels for hospital
25    care by Medicaid.
26        (16) Most hospitals are exempt from payment of most

 

 

HB2976 Engrossed- 386 -LRB097 06385 KTG 46467 b

1    federal, State, and local income, sales, property, and
2    other taxes.
3        (17) The hospital assessment enacted by this Act under
4    the guidelines of P.L. 102-234 is the most efficient means
5    of raising the federally matchable funds needed for
6    hospital care reimbursement.
7        (18) Cook County Hospital and Oak Forest Hospital are
8    public hospitals owned and operated by Cook County with
9    unique fiscal problems, including a patient population
10    that is primarily Medicaid or altogether nonpaying, that
11    make an intergovernmental transfer payment arrangement a
12    more appropriate means of financing than the regular
13    hospital assessment and reimbursement provisions.
14        (19) Sole community hospitals provide access to
15    essential care that would otherwise not be reasonably
16    available in the community they serve, such that imposition
17    of assessments on them in their precarious financial
18    circumstances may force their closure and have the effect
19    of reducing access to health care.
20        (20) Each nursing home's resident population
21    demographics, including the proportion of residents whose
22    care is paid by Medicaid, is subject to change over time in
23    that, among other things, residents currently able to pay
24    the cost of nursing home care may become dependent on
25    Medicaid support for continued care and services as
26    resources are depleted.

 

 

HB2976 Engrossed- 387 -LRB097 06385 KTG 46467 b

1        (21) As the citizens of the State age, increased
2    pressures will be placed on limited facilities to provide
3    reasonable levels of care for a greater number of geriatric
4    residents, and all involved in the nursing home industry,
5    providers and residents, have a special interest in the
6    maintenance of adequate Medicaid support for all nursing
7    facilities.
8        (22) The assessments on nursing homes enacted by this
9    Act under the guidelines of P.L. 102-234 are the most
10    efficient means of raising the federally matchable funds
11    needed for nursing home care reimbursement.
12        (23) All intermediate care facilities for persons with
13    developmental disabilities receive a high degree of
14    Medicaid support and benefits and therefore have a special
15    interest in the maintenance of adequate Medicaid support.
16        (24) The assessments on intermediate care facilities
17    for persons with developmental disabilities enacted by
18    this Act under the guidelines of P.L. 102-234 are the most
19    efficient means of raising the federally matchable funds
20    needed for reimbursement of providers of intermediate care
21    for persons with developmental disabilities.
22(Source: P.A. 95-331, eff. 8-21-07.)
 
23    Section 91. The Nursing Home Grant Assistance Act is
24amended by changing Section 5 as follows:
 

 

 

HB2976 Engrossed- 388 -LRB097 06385 KTG 46467 b

1    (305 ILCS 40/5)  (from Ch. 23, par. 7100-5)
2    Sec. 5. Definitions. As used in this Act, unless the
3context requires otherwise:
4    "Applicant" means an eligible individual who makes a
5payment of at least $1 in a quarter to a nursing home.
6    "Application" means the receipt by a nursing home of at
7least $1 from an eligible individual that is a resident of the
8home.
9    "Department" means the Department of Revenue.
10    "Director" means the Director of the Department of Revenue.
11    "Distribution agent" means a nursing home that is residence
12to one or more eligible individuals, which receives an
13application from one or more applicants for participation in
14the Nursing Home Grant Assistance Program provided for by this
15Act, and is thereby designated as distributing agent by such
16applicant or applicants, and which is thereby authorized by
17virtue of its license to receive from the Department and
18distribute to eligible individuals residing in the nursing home
19Nursing Home Grant Assistance payments under this Act.
20    "Qualified distribution agent" means a distribution agent
21that the Department of Public Health has certified to the
22Department of Revenue to be a licensed nursing home in good
23standing.
24    "Eligible individual" means an individual eligible for a
25nursing home grant assistance payment because he or she meets
26each of the following requirements:

 

 

HB2976 Engrossed- 389 -LRB097 06385 KTG 46467 b

1        (1) The individual resides, after June 30, 1992, in a
2    nursing home as defined in this Act.
3        (2) For each day for which nursing home grant
4    assistance is sought, the individual's nursing home care
5    was not paid for, in whole or in part, by a federal, State,
6    or combined federal-State medical care program; the
7    receipt of Medicare Part B benefits does not make a person
8    ineligible for nursing home grant assistance.
9        (3) The individual's annual adjusted gross income,
10    after payment of any expenses for nursing home care, does
11    not exceed 250% of the federal poverty guidelines for an
12    individual as published annually by the U.S. Department of
13    Health and Human Services for purposes of determining
14    Medicaid eligibility.
15    "Fund" means the Nursing Home Grant Assistance Fund.
16    "Nursing home" means a skilled nursing or intermediate long
17term care facility that is subject to licensure by the Illinois
18Department of Public Health under the Nursing Home Care Act or
19the ID/DD MR/DD Community Care Act.
20    "Occupied bed days" means the sum for all beds of the
21number of days during a quarter for which grant assistance is
22sought under this Act on which a bed is occupied by an
23individual.
24(Source: P.A. 96-339, eff. 7-1-10.)
 
25    Section 92. The Elder Abuse and Neglect Act is amended by

 

 

HB2976 Engrossed- 390 -LRB097 06385 KTG 46467 b

1changing Section 2 as follows:
 
2    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
3    Sec. 2. Definitions. As used in this Act, unless the
4context requires otherwise:
5    (a) "Abuse" means causing any physical, mental or sexual
6injury to an eligible adult, including exploitation of such
7adult's financial resources.
8    Nothing in this Act shall be construed to mean that an
9eligible adult is a victim of abuse, neglect, or self-neglect
10for the sole reason that he or she is being furnished with or
11relies upon treatment by spiritual means through prayer alone,
12in accordance with the tenets and practices of a recognized
13church or religious denomination.
14    Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abuse because of health care
16services provided or not provided by licensed health care
17professionals.
18    (a-5) "Abuser" means a person who abuses, neglects, or
19financially exploits an eligible adult.
20    (a-7) "Caregiver" means a person who either as a result of
21a family relationship, voluntarily, or in exchange for
22compensation has assumed responsibility for all or a portion of
23the care of an eligible adult who needs assistance with
24activities of daily living.
25    (b) "Department" means the Department on Aging of the State

 

 

HB2976 Engrossed- 391 -LRB097 06385 KTG 46467 b

1of Illinois.
2    (c) "Director" means the Director of the Department.
3    (d) "Domestic living situation" means a residence where the
4eligible adult lives alone or with his or her family or a
5caregiver, or others, or a board and care home or other
6community-based unlicensed facility, but is not:
7        (1) A licensed facility as defined in Section 1-113 of
8    the Nursing Home Care Act;
9        (1.5) A facility licensed under the ID/DD MR/DD
10    Community Care Act;
11        (2) A "life care facility" as defined in the Life Care
12    Facilities Act;
13        (3) A home, institution, or other place operated by the
14    federal government or agency thereof or by the State of
15    Illinois;
16        (4) A hospital, sanitarium, or other institution, the
17    principal activity or business of which is the diagnosis,
18    care, and treatment of human illness through the
19    maintenance and operation of organized facilities
20    therefor, which is required to be licensed under the
21    Hospital Licensing Act;
22        (5) A "community living facility" as defined in the
23    Community Living Facilities Licensing Act;
24        (6) (Blank);
25        (7) A "community-integrated living arrangement" as
26    defined in the Community-Integrated Living Arrangements

 

 

HB2976 Engrossed- 392 -LRB097 06385 KTG 46467 b

1    Licensure and Certification Act;
2        (8) An assisted living or shared housing establishment
3    as defined in the Assisted Living and Shared Housing Act;
4    or
5        (9) A supportive living facility as described in
6    Section 5-5.01a of the Illinois Public Aid Code.
7    (e) "Eligible adult" means a person 60 years of age or
8older who resides in a domestic living situation and is, or is
9alleged to be, abused, neglected, or financially exploited by
10another individual or who neglects himself or herself.
11    (f) "Emergency" means a situation in which an eligible
12adult is living in conditions presenting a risk of death or
13physical, mental or sexual injury and the provider agency has
14reason to believe the eligible adult is unable to consent to
15services which would alleviate that risk.
16    (f-5) "Mandated reporter" means any of the following
17persons while engaged in carrying out their professional
18duties:
19        (1) a professional or professional's delegate while
20    engaged in: (i) social services, (ii) law enforcement,
21    (iii) education, (iv) the care of an eligible adult or
22    eligible adults, or (v) any of the occupations required to
23    be licensed under the Clinical Psychologist Licensing Act,
24    the Clinical Social Work and Social Work Practice Act, the
25    Illinois Dental Practice Act, the Dietetic and Nutrition
26    Services Practice Act, the Marriage and Family Therapy

 

 

HB2976 Engrossed- 393 -LRB097 06385 KTG 46467 b

1    Licensing Act, the Medical Practice Act of 1987, the
2    Naprapathic Practice Act, the Nurse Practice Act, the
3    Nursing Home Administrators Licensing and Disciplinary
4    Act, the Illinois Occupational Therapy Practice Act, the
5    Illinois Optometric Practice Act of 1987, the Pharmacy
6    Practice Act, the Illinois Physical Therapy Act, the
7    Physician Assistant Practice Act of 1987, the Podiatric
8    Medical Practice Act of 1987, the Respiratory Care Practice
9    Act, the Professional Counselor and Clinical Professional
10    Counselor Licensing Act, the Illinois Speech-Language
11    Pathology and Audiology Practice Act, the Veterinary
12    Medicine and Surgery Practice Act of 2004, and the Illinois
13    Public Accounting Act;
14        (2) an employee of a vocational rehabilitation
15    facility prescribed or supervised by the Department of
16    Human Services;
17        (3) an administrator, employee, or person providing
18    services in or through an unlicensed community based
19    facility;
20        (4) any religious practitioner who provides treatment
21    by prayer or spiritual means alone in accordance with the
22    tenets and practices of a recognized church or religious
23    denomination, except as to information received in any
24    confession or sacred communication enjoined by the
25    discipline of the religious denomination to be held
26    confidential;

 

 

HB2976 Engrossed- 394 -LRB097 06385 KTG 46467 b

1        (5) field personnel of the Department of Healthcare and
2    Family Services, Department of Public Health, and
3    Department of Human Services, and any county or municipal
4    health department;
5        (6) personnel of the Department of Human Services, the
6    Guardianship and Advocacy Commission, the State Fire
7    Marshal, local fire departments, the Department on Aging
8    and its subsidiary Area Agencies on Aging and provider
9    agencies, and the Office of State Long Term Care Ombudsman;
10        (7) any employee of the State of Illinois not otherwise
11    specified herein who is involved in providing services to
12    eligible adults, including professionals providing medical
13    or rehabilitation services and all other persons having
14    direct contact with eligible adults;
15        (8) a person who performs the duties of a coroner or
16    medical examiner; or
17        (9) a person who performs the duties of a paramedic or
18    an emergency medical technician.
19    (g) "Neglect" means another individual's failure to
20provide an eligible adult with or willful withholding from an
21eligible adult the necessities of life including, but not
22limited to, food, clothing, shelter or health care. This
23subsection does not create any new affirmative duty to provide
24support to eligible adults. Nothing in this Act shall be
25construed to mean that an eligible adult is a victim of neglect
26because of health care services provided or not provided by

 

 

HB2976 Engrossed- 395 -LRB097 06385 KTG 46467 b

1licensed health care professionals.
2    (h) "Provider agency" means any public or nonprofit agency
3in a planning and service area appointed by the regional
4administrative agency with prior approval by the Department on
5Aging to receive and assess reports of alleged or suspected
6abuse, neglect, or financial exploitation.
7    (i) "Regional administrative agency" means any public or
8nonprofit agency in a planning and service area so designated
9by the Department, provided that the designated Area Agency on
10Aging shall be designated the regional administrative agency if
11it so requests. The Department shall assume the functions of
12the regional administrative agency for any planning and service
13area where another agency is not so designated.
14    (i-5) "Self-neglect" means a condition that is the result
15of an eligible adult's inability, due to physical or mental
16impairments, or both, or a diminished capacity, to perform
17essential self-care tasks that substantially threaten his or
18her own health, including: providing essential food, clothing,
19shelter, and health care; and obtaining goods and services
20necessary to maintain physical health, mental health,
21emotional well-being, and general safety. The term includes
22compulsive hoarding, which is characterized by the acquisition
23and retention of large quantities of items and materials that
24produce an extensively cluttered living space, which
25significantly impairs the performance of essential self-care
26tasks or otherwise substantially threatens life or safety.

 

 

HB2976 Engrossed- 396 -LRB097 06385 KTG 46467 b

1    (j) "Substantiated case" means a reported case of alleged
2or suspected abuse, neglect, financial exploitation, or
3self-neglect in which a provider agency, after assessment,
4determines that there is reason to believe abuse, neglect, or
5financial exploitation has occurred.
6(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
795-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-526, eff. 1-1-10;
896-572, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
9    Section 93. The Older Adult Services Act is amended by
10changing Section 10 as follows:
 
11    (320 ILCS 42/10)
12    Sec. 10. Definitions. In this Act:
13    "Advisory Committee" means the Older Adult Services
14Advisory Committee.
15    "Certified nursing home" means any nursing home licensed
16under the Nursing Home Care Act or the ID/DD MR/DD Community
17Care Act and certified under Title XIX of the Social Security
18Act to participate as a vendor in the medical assistance
19program under Article V of the Illinois Public Aid Code.
20    "Comprehensive case management" means the assessment of
21needs and preferences of an older adult at the direction of the
22older adult or the older adult's designated representative and
23the arrangement, coordination, and monitoring of an optimum
24package of services to meet the needs of the older adult.

 

 

HB2976 Engrossed- 397 -LRB097 06385 KTG 46467 b

1    "Consumer-directed" means decisions made by an informed
2older adult from available services and care options, which may
3range from independently making all decisions and managing
4services directly to limited participation in decision-making,
5based upon the functional and cognitive level of the older
6adult.
7    "Coordinated point of entry" means an integrated access
8point where consumers receive information and assistance,
9assessment of needs, care planning, referral, assistance in
10completing applications, authorization of services where
11permitted, and follow-up to ensure that referrals and services
12are accessed.
13    "Department" means the Department on Aging, in
14collaboration with the departments of Public Health and
15Healthcare and Family Services and other relevant agencies and
16in consultation with the Advisory Committee, except as
17otherwise provided.
18    "Departments" means the Department on Aging, the
19departments of Public Health and Healthcare and Family
20Services, and other relevant agencies in collaboration with
21each other and in consultation with the Advisory Committee,
22except as otherwise provided.
23    "Family caregiver" means an adult family member or another
24individual who is an uncompensated provider of home-based or
25community-based care to an older adult.
26    "Health services" means activities that promote, maintain,

 

 

HB2976 Engrossed- 398 -LRB097 06385 KTG 46467 b

1improve, or restore mental or physical health or that are
2palliative in nature.
3    "Older adult" means a person age 60 or older and, if
4appropriate, the person's family caregiver.
5    "Person-centered" means a process that builds upon an older
6adult's strengths and capacities to engage in activities that
7promote community life and that reflect the older adult's
8preferences, choices, and abilities, to the extent
9practicable.
10    "Priority service area" means an area identified by the
11Departments as being less-served with respect to the
12availability of and access to older adult services in Illinois.
13The Departments shall determine by rule the criteria and
14standards used to designate such areas.
15    "Priority service plan" means the plan developed pursuant
16to Section 25 of this Act.
17    "Provider" means any supplier of services under this Act.
18    "Residential setting" means the place where an older adult
19lives.
20    "Restructuring" means the transformation of Illinois'
21comprehensive system of older adult services from funding
22primarily a facility-based service delivery system to
23primarily a home-based and community-based system, taking into
24account the continuing need for 24-hour skilled nursing care
25and congregate housing with services.
26    "Services" means the range of housing, health, financial,

 

 

HB2976 Engrossed- 399 -LRB097 06385 KTG 46467 b

1and supportive services, other than acute health care services,
2that are delivered to an older adult with functional or
3cognitive limitations, or socialization needs, who requires
4assistance to perform activities of daily living, regardless of
5the residential setting in which the services are delivered.
6    "Supportive services" means non-medical assistance given
7over a period of time to an older adult that is needed to
8compensate for the older adult's functional or cognitive
9limitations, or socialization needs, or those services
10designed to restore, improve, or maintain the older adult's
11functional or cognitive abilities.
12(Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10.)
 
13    Section 94. The Mental Health and Developmental
14Disabilities Code is amended by changing Sections 1-106, 1-116,
151-122.4, 2-107, 3-200, 4-201, 4-201.1, 4-203, 4-209, 4-400,
164-500, and 4-701 and by changing the headings of Article IV of
17Chapter IV and Article IV of Chapter V as follows:
 
18    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
19    Sec. 1-106. "Developmental disability" means a disability
20which is attributable to: (a) an intellectual disability mental
21retardation, cerebral palsy, epilepsy or autism; or to (b) any
22other condition which results in impairment similar to that
23caused by an intellectual disability mental retardation and
24which requires services similar to those required by

 

 

HB2976 Engrossed- 400 -LRB097 06385 KTG 46467 b

1intellectually disabled mentally retarded persons. Such
2disability must originate before the age of 18 years, be
3expected to continue indefinitely, and constitute a
4substantial handicap.
5(Source: P.A. 80-1414.)
 
6    (405 ILCS 5/1-116)  (from Ch. 91 1/2, par. 1-116)
7    Sec. 1-116. "Intellectual disability" "Mental retardation"
8means significantly subaverage general intellectual
9functioning which exists concurrently with impairment in
10adaptive behavior and which originates before the age of 18
11years.
12(Source: P.A. 80-1414.)
 
13    (405 ILCS 5/1-122.4)  (from Ch. 91 1/2, par. 1-122.4)
14    Sec. 1-122.4. "Qualified intellectual disabilities mental
15retardation professional" as used in this Act means those
16persons who meet this definition under Section 483.430 of
17Chapter 42 of the Code of Federal Regulations, subpart G.
18(Source: P.A. 86-1416.)
 
19    (405 ILCS 5/2-107)  (from Ch. 91 1/2, par. 2-107)
20    Sec. 2-107. Refusal of services; informing of risks.
21    (a) An adult recipient of services or the recipient's
22guardian, if the recipient is under guardianship, and the
23recipient's substitute decision maker, if any, must be informed

 

 

HB2976 Engrossed- 401 -LRB097 06385 KTG 46467 b

1of the recipient's right to refuse medication or
2electroconvulsive therapy. The recipient and the recipient's
3guardian or substitute decision maker shall be given the
4opportunity to refuse generally accepted mental health or
5developmental disability services, including but not limited
6to medication or electroconvulsive therapy. If such services
7are refused, they shall not be given unless such services are
8necessary to prevent the recipient from causing serious and
9imminent physical harm to the recipient or others and no less
10restrictive alternative is available. The facility director
11shall inform a recipient, guardian, or substitute decision
12maker, if any, who refuses such services of alternate services
13available and the risks of such alternate services, as well as
14the possible consequences to the recipient of refusal of such
15services.
16    (b) Psychotropic medication or electroconvulsive therapy
17may be administered under this Section for up to 24 hours only
18if the circumstances leading up to the need for emergency
19treatment are set forth in writing in the recipient's record.
20    (c) Administration of medication or electroconvulsive
21therapy may not be continued unless the need for such treatment
22is redetermined at least every 24 hours based upon a personal
23examination of the recipient by a physician or a nurse under
24the supervision of a physician and the circumstances
25demonstrating that need are set forth in writing in the
26recipient's record.

 

 

HB2976 Engrossed- 402 -LRB097 06385 KTG 46467 b

1    (d) Neither psychotropic medication nor electroconvulsive
2therapy may be administered under this Section for a period in
3excess of 72 hours, excluding Saturdays, Sundays, and holidays,
4unless a petition is filed under Section 2-107.1 and the
5treatment continues to be necessary under subsection (a) of
6this Section. Once the petition has been filed, treatment may
7continue in compliance with subsections (a), (b), and (c) of
8this Section until the final outcome of the hearing on the
9petition.
10    (e) The Department shall issue rules designed to insure
11that in State-operated mental health facilities psychotropic
12medication and electroconvulsive therapy are administered in
13accordance with this Section and only when appropriately
14authorized and monitored by a physician or a nurse under the
15supervision of a physician in accordance with accepted medical
16practice. The facility director of each mental health facility
17not operated by the State shall issue rules designed to insure
18that in that facility psychotropic medication and
19electroconvulsive therapy are administered in accordance with
20this Section and only when appropriately authorized and
21monitored by a physician or a nurse under the supervision of a
22physician in accordance with accepted medical practice. Such
23rules shall be available for public inspection and copying
24during normal business hours.
25    (f) The provisions of this Section with respect to the
26emergency administration of psychotropic medication and

 

 

HB2976 Engrossed- 403 -LRB097 06385 KTG 46467 b

1electroconvulsive therapy do not apply to facilities licensed
2under the Nursing Home Care Act or the ID/DD MR/DD Community
3Care Act.
4    (g) Under no circumstances may long-acting psychotropic
5medications be administered under this Section.
6    (h) Whenever psychotropic medication or electroconvulsive
7therapy is refused pursuant to subsection (a) of this Section
8at least once that day, the physician shall determine and state
9in writing the reasons why the recipient did not meet the
10criteria for administration of medication or electroconvulsive
11therapy under subsection (a) and whether the recipient meets
12the standard for administration of psychotropic medication or
13electroconvulsive therapy under Section 2-107.1 of this Code.
14If the physician determines that the recipient meets the
15standard for administration of psychotropic medication or
16electroconvulsive therapy under Section 2-107.1, the facility
17director or his or her designee shall petition the court for
18administration of psychotropic medication or electroconvulsive
19therapy pursuant to that Section unless the facility director
20or his or her designee states in writing in the recipient's
21record why the filing of such a petition is not warranted. This
22subsection (h) applies only to State-operated mental health
23facilities.
24    (i) The Department shall conduct annual trainings for all
25physicians and registered nurses working in State-operated
26mental health facilities on the appropriate use of emergency

 

 

HB2976 Engrossed- 404 -LRB097 06385 KTG 46467 b

1administration of psychotropic medication and
2electroconvulsive therapy, standards for their use, and the
3methods of authorization under this Section.
4(Source: P.A. 95-172, eff. 8-14-07; 96-339, eff. 7-1-10.)
 
5    (405 ILCS 5/3-200)  (from Ch. 91 1/2, par. 3-200)
6    Sec. 3-200. (a) A person may be admitted as an inpatient to
7a mental health facility for treatment of mental illness only
8as provided in this Chapter, except that a person may be
9transferred by the Department of Corrections pursuant to the
10Unified Code of Corrections. A person transferred by the
11Department of Corrections in this manner may be released only
12as provided in the Unified Code of Corrections.
13    (b) No person who is diagnosed as intellectually disabled
14mentally retarded or a person with a developmental disability
15may be admitted or transferred to a Department mental health
16facility or, any portion thereof, except as provided in this
17Chapter. However, the evaluation and placement of such persons
18shall be governed by Article II of Chapter 4 of this Code.
19(Source: P.A. 88-380.)
 
20    (405 ILCS 5/4-201)  (from Ch. 91 1/2, par. 4-201)
21    Sec. 4-201. (a) An intellectually disabled A mentally
22retarded person shall not reside in a Department mental health
23facility unless the person is evaluated and is determined to be
24a person with mental illness and the facility director

 

 

HB2976 Engrossed- 405 -LRB097 06385 KTG 46467 b

1determines that appropriate treatment and habilitation are
2available and will be provided to such person on the unit. In
3all such cases the Department mental health facility director
4shall certify in writing within 30 days of the completion of
5the evaluation and every 30 days thereafter, that the person
6has been appropriately evaluated, that services specified in
7the treatment and habilitation plan are being provided, that
8the setting in which services are being provided is appropriate
9to the person's needs, and that provision of such services
10fully complies with all applicable federal statutes and
11regulations concerning the provision of services to persons
12with a developmental disability. Those regulations shall
13include, but not be limited to the regulations which govern the
14provision of services to persons with a developmental
15disability in facilities certified under the Social Security
16Act for federal financial participation, whether or not the
17facility or portion thereof in which the recipient has been
18placed is presently certified under the Social Security Act or
19would be eligible for such certification under applicable
20federal regulations. The certifications shall be filed in the
21recipient's record and with the office of the Secretary of the
22Department. A copy of the certification shall be given to the
23person, an attorney or advocate who is representing the person
24and the person's guardian.
25    (b) Any person admitted to a Department mental health
26facility who is reasonably suspected of being mildly or

 

 

HB2976 Engrossed- 406 -LRB097 06385 KTG 46467 b

1moderately intellectually disabled mentally retarded,
2including those who also have a mental illness, shall be
3evaluated by a multidisciplinary team which includes a
4qualified intellectual disabilities mental retardation
5professional designated by the Department facility director.
6The evaluation shall be consistent with Section 4-300 of
7Article III in this Chapter, and shall include: (1) a written
8assessment of whether the person needs a habilitation plan and,
9if so, (2) a written habilitation plan consistent with Section
104-309, and (3) a written determination whether the admitting
11facility is capable of providing the specified habilitation
12services. This evaluation shall occur within a reasonable
13period of time, but in no case shall that period exceed 14 days
14after admission. In all events, a treatment plan shall be
15prepared for the person within 3 days of admission, and
16reviewed and updated every 30 days, consistent with Section
173-209 of this Code.
18    (c) Any person admitted to a Department mental health
19facility with an admitting diagnosis of a severe or profound
20intellectual disability mental retardation shall be
21transferred to an appropriate facility or unit for persons with
22a developmental disability within 72 hours of admission unless
23transfer is contraindicated by the person's medical condition
24documented by appropriate medical personnel. Any person
25diagnosed as severely or profoundly intellectually disabled
26mentally retarded while in a Department mental health facility

 

 

HB2976 Engrossed- 407 -LRB097 06385 KTG 46467 b

1shall be transferred to an appropriate facility or unit for
2persons with a developmental disability within 72 hours of such
3diagnosis unless transfer is contraindicated by the person's
4medical condition documented by appropriate medical personnel.
5    (d) The Secretary of the Department shall designate a
6qualified intellectual disabilities mental retardation
7professional in each of its mental health facilities who has
8responsibility for insuring compliance with the provisions of
9Sections 4-201 and 4-201.1.
10(Source: P.A. 88-380; 89-439, eff. 6-1-96; 89-507, eff.
117-1-97.)
 
12    (405 ILCS 5/4-201.1)  (from Ch. 91 1/2, par. 4-201.1)
13    Sec. 4-201.1. (a) A person residing in a Department mental
14health facility who is evaluated as being mildly or moderately
15intellectually disabled mentally retarded, an attorney or
16advocate representing the person, or a guardian of such person
17may object to the Department facility director's certification
18required in Section 4-201, the treatment and habilitation plan,
19or appropriateness of setting, and obtain an administrative
20decision requiring revision of a treatment or habilitation plan
21or change of setting, by utilization review as provided in
22Sections 3-207 and 4-209 of this Code. As part of this
23utilization review, the Committee shall include as one of its
24members a qualified intellectual disabilities mental
25retardation professional.

 

 

HB2976 Engrossed- 408 -LRB097 06385 KTG 46467 b

1    (b) The mental health facility director shall give written
2notice to each person evaluated as being mildly or moderately
3intellectually disabled mentally retarded, the person's
4attorney and guardian, if any, or in the case of a minor, to
5his or her attorney, to the parent, guardian or person in loco
6parentis and to the minor if 12 years of age or older, of the
7person's right to request a review of the facility director's
8initial or subsequent determination that such person is
9appropriately placed or is receiving appropriate services. The
10notice shall also provide the address and phone number of the
11Legal Advocacy Service of the Guardianship and Advocacy
12Commission, which the person or guardian can contact for legal
13assistance. If requested, the facility director shall assist
14the person or guardian in contacting the Legal Advocacy
15Service. This notice shall be given within 24 hours of
16Department's evaluation that the person is mildly or moderately
17intellectually disabled mentally retarded.
18    (c) Any recipient of services who successfully challenges a
19final decision of the Secretary of the Department (or his or
20her designee) reviewing an objection to the certification
21required under Section 4-201, the treatment and habilitation
22plan, or the appropriateness of the setting shall be entitled
23to recover reasonable attorney's fees incurred in that
24challenge, unless the Department's position was substantially
25justified.
26(Source: P.A. 89-507, eff. 7-1-97.)
 

 

 

HB2976 Engrossed- 409 -LRB097 06385 KTG 46467 b

1    (405 ILCS 5/4-203)  (from Ch. 91 1/2, par. 4-203)
2    Sec. 4-203. (a) Every developmental disabilities facility
3shall maintain adequate records which shall include the Section
4of this Act under which the client was admitted, any subsequent
5change in the client's status, and requisite documentation for
6such admission and status.
7    (b) The Department shall ensure that a monthly report is
8maintained for each Department mental health facility, and each
9unit of a Department developmental disability facility for
10dually diagnosed persons, which lists (1) initials of persons
11admitted to, residing at, or discharged from a Department
12mental health facility or unit for dually diagnosed persons of
13Department developmental disability facility during that month
14with a primary or secondary diagnosis of intellectual
15disability mental retardation, (2) the date and facility and
16unit of admission or continuing, care, (3) the legal admission
17status, (4) the recipient's diagnosis, (5) the date and
18facility and unit of transfer or discharge, (6) whether or not
19there is a public or private guardian, (7) whether the facility
20director has certified that appropriate treatment and
21habilitation are available for and being provided to such
22person pursuant to Section 4-203 of this Chapter, and (8)
23whether the person or a guardian has requested review as
24provided in Section 4-209 of this Chapter and, if so, the
25outcome of the review. The Secretary of the Department shall

 

 

HB2976 Engrossed- 410 -LRB097 06385 KTG 46467 b

1furnish a copy of each monthly report upon request to the
2Guardianship and Advocacy Commission and the agency designated
3by the Governor under Section 1 of "An Act in relation to the
4protection and advocacy of the rights of persons with
5developmental disabilities, and amending certain Acts therein
6named", approved September 20, 1985, and under Section 1 of "An
7Act for the protection and advocacy of mentally ill persons",
8approved September 20, 1987.
9    (c) Nothing contained in this Chapter shall be construed to
10limit or otherwise affect the power of any developmental
11disabilities facility to determine the qualifications of
12persons permitted to admit clients to such facility. This
13subsection shall not affect or limit the powers of any court to
14order admission to a developmental disabilities facility as set
15forth in this Chapter.
16(Source: P.A. 89-507, eff. 7-1-97.)
 
17    (405 ILCS 5/4-209)  (from Ch. 91 1/2, par. 4-209)
18    Sec. 4-209. (a) Hearings under Sections 4-201.1, 4-312,
194-704 and 4-709 of this Chapter shall be conducted by a
20utilization review committee. The Secretary shall appoint a
21utilization review committee at each Department facility. Each
22such committee shall consist of multi-disciplinary
23professional staff members who are trained and equipped to deal
24with the habilitation needs of clients. At least one member of
25the committee shall be a qualified intellectual disabilities

 

 

HB2976 Engrossed- 411 -LRB097 06385 KTG 46467 b

1mental retardation professional. The client and the objector
2may be represented by persons of their choice.
3    (b) The utilization review committee shall not be bound by
4rules of evidence or procedure but shall conduct the
5proceedings in a manner intended to ensure a fair hearing. The
6committee may make such investigation as it deems necessary. It
7may administer oaths and compel by subpoena testimony and the
8production of records. A stenographic or audio recording of the
9proceedings shall be made and shall be kept in the client's
10record. Within 3 days of conclusion of the hearing, the
11committee shall submit to the facility director its written
12recommendations which include its factual findings and
13conclusions. A copy of the recommendations shall be given to
14the client and the objector.
15    (c) Within 7 days of receipt of the recommendations, the
16facility director shall give written notice to the client and
17objector of his acceptance or rejection of the recommendations
18and his reason therefor. If the facility director rejects the
19recommendations or if the client or objector requests review of
20the facility director's decision, the facility director shall
21promptly forward a copy of his decision, the recommendations,
22and the record of the hearing to the Secretary of the
23Department for final review. The review of the facility
24director's decision shall be decided by the Secretary or his or
25her designee within 30 days of the receipt of a request for
26final review. The decision of the facility director, or the

 

 

HB2976 Engrossed- 412 -LRB097 06385 KTG 46467 b

1decision of the Secretary (or his or her designee) if review
2was requested, shall be considered a final administrative
3decision, and shall be subject to review under and in
4accordance with Article III of the Code of Civil Procedure. The
5decision of the facility director, or the decision of the
6Secretary (or his or her designee) if review was requested,
7shall be considered a final administrative decision.
8(Source: P.A. 91-357, eff. 7-29-99.)
 
9    (405 ILCS 5/Ch. IV Art. IV heading)
10
ARTICLE IV. EMERGENCY ADMISSION
11
OF THE INTELLECTUALLY DISABLED MENTALLY RETARDED

 
12    (405 ILCS 5/4-400)  (from Ch. 91 1/2, par. 4-400)
13    Sec. 4-400. (a) A person 18 years of age or older may be
14admitted on an emergency basis to a facility under this Article
15if the facility director of the facility determines: (1) that
16he is intellectually disabled mentally retarded; (2) that he is
17reasonably expected to inflict serious physical harm upon
18himself or another in the near future; and (3) that immediate
19admission is necessary to prevent such harm.
20    (b) Persons with a developmental disability under 18 years
21of age and persons with a developmental disability 18 years of
22age or over who are under guardianship or who are seeking
23admission on their own behalf may be admitted for emergency
24care under Section 4-311.

 

 

HB2976 Engrossed- 413 -LRB097 06385 KTG 46467 b

1(Source: P.A. 88-380.)
 
2    (405 ILCS 5/Ch. IV Art. V heading)
3
ARTICLE V. JUDICIAL ADMISSION FOR THE INTELLECTUALLY DISABLED
4
MENTALLY RETARDED

 
5    (405 ILCS 5/4-500)  (from Ch. 91 1/2, par. 4-500)
6    Sec. 4-500. A person 18 years of age or older may be
7admitted to a facility upon court order under this Article if
8the court determines: (1) that he is intellectually disabled
9mentally retarded; and (2) that he is reasonably expected to
10inflict serious physical harm upon himself or another in the
11near future.
12(Source: P.A. 80-1414.)
 
13    (405 ILCS 5/4-701)  (from Ch. 91 1/2, par. 4-701)
14    Sec. 4-701. (a) Any client admitted to a developmental
15disabilities facility under this Chapter may be discharged
16whenever the facility director determines that he is suitable
17for discharge.
18    (b) Any client admitted to a facility or program of
19nonresidential services upon court order under Article V of
20this Chapter or admitted upon court order as intellectually
21disabled mentally retarded or mentally deficient under any
22prior statute shall be discharged whenever the facility
23director determines that he no longer meets the standard for

 

 

HB2976 Engrossed- 414 -LRB097 06385 KTG 46467 b

1judicial admission. When the facility director believes that
2continued residence is advisable for such a client, he shall
3inform the client and his guardian, if any, that the client may
4remain at the facility on administrative admission status. When
5a facility director discharges or changes the status of such
6client, he shall promptly notify the clerk of the court who
7shall note the action in the court record.
8    (c) When the facility director discharges a client pursuant
9to subsection (b) of this Section, he shall promptly notify the
10State's Attorney of the county in which the client resided
11immediately prior to his admission to a development
12disabilities facility. Upon receipt of such notice, the State's
13Attorney may notify such peace officers that he deems
14appropriate.
15    (d) The facility director may grant a temporary release to
16any client when such release is appropriate and consistent with
17the habilitation needs of the client.
18(Source: P.A. 80-1414.)
 
19    Section 95. The Community Mental Health Act is amended by
20changing Section 3e as follows:
 
21    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
22    Sec. 3e. Board's powers and duties.
23    (1) Every community mental health board shall, immediately
24after appointment, meet and organize, by the election of one of

 

 

HB2976 Engrossed- 415 -LRB097 06385 KTG 46467 b

1its number as president and one as secretary and such other
2officers as it may deem necessary. It shall make rules and
3regulations concerning the rendition or operation of services
4and facilities which it directs, supervises or funds, not
5inconsistent with the provisions of this Act. It shall:
6        (a) Hold a meeting prior to July 1 of each year at
7    which officers shall be elected for the ensuing year
8    beginning July 1;
9        (b) Hold meetings at least quarterly;
10        (c) Hold special meetings upon a written request signed
11    by at least 2 members and filed with the secretary;
12        (d) Review and evaluate community mental health
13    services and facilities, including services and facilities
14    for the treatment of alcoholism, drug addiction,
15    developmental disabilities, and intellectual disabilities
16    mental retardation;
17        (e) Authorize the disbursement of money from the
18    community mental health fund for payment for the ordinary
19    and contingent expenses of the board;
20        (f) Submit to the appointing officer and the members of
21    the governing body a written plan for a program of
22    community mental health services and facilities for
23    persons with a mental illness, a developmental disability,
24    or a substance use disorder. Such plan shall be for the
25    ensuing 12 month period. In addition, a plan shall be
26    developed for the ensuing 3 year period and such plan shall

 

 

HB2976 Engrossed- 416 -LRB097 06385 KTG 46467 b

1    be reviewed at the end of every 12 month period and shall
2    be modified as deemed advisable.
3        (g) Within amounts appropriated therefor, execute such
4    programs and maintain such services and facilities as may
5    be authorized under such appropriations, including amounts
6    appropriated under bond issues, if any;
7        (h) Publish the annual budget and report within 120
8    days after the end of the fiscal year in a newspaper
9    distributed within the jurisdiction of the board, or, if no
10    newspaper is published within the jurisdiction of the
11    board, then one published in the county, or, if no
12    newspaper is published in the county, then in a newspaper
13    having general circulation within the jurisdiction of the
14    board. The report shall show the condition of its trust of
15    that year, the sums of money received from all sources,
16    giving the name of any donor, how all monies have been
17    expended and for what purpose, and such other statistics
18    and program information in regard to the work of the board
19    as it may deem of general interest. A copy of the budget
20    and the annual report shall be made available to the
21    Department of Human Services and to members of the General
22    Assembly whose districts include any part of the
23    jurisdiction of such board. The names of all employees,
24    consultants, and other personnel shall be set forth along
25    with the amounts of money received;
26        (i) Consult with other appropriate private and public

 

 

HB2976 Engrossed- 417 -LRB097 06385 KTG 46467 b

1    agencies in the development of local plans for the most
2    efficient delivery of mental health, developmental
3    disabilities, and substance use disorder services. The
4    Board is authorized to join and to participate in the
5    activities of associations organized for the purpose of
6    promoting more efficient and effective services and
7    programs;
8        (j) Have the authority to review and comment on all
9    applications for grants by any person, corporation, or
10    governmental unit providing services within the
11    geographical area of the board which provides mental health
12    facilities and services, including services for the person
13    with a mental illness, a developmental disability, or a
14    substance use disorder. The board may require funding
15    applicants to send a copy of their funding application to
16    the board at the time such application is submitted to the
17    Department of Human Services or to any other local, State
18    or federal funding source or governmental agency. Within 60
19    days of the receipt of any application, the board shall
20    submit its review and comments to the Department of Human
21    Services or to any other appropriate local, State or
22    federal funding source or governmental agency. A copy of
23    the review and comments shall be submitted to the funding
24    applicant. Within 60 days thereafter, the Department of
25    Human Services or any other appropriate local or State
26    governmental agency shall issue a written response to the

 

 

HB2976 Engrossed- 418 -LRB097 06385 KTG 46467 b

1    board and the funding applicant. The Department of Human
2    Services shall supply any community mental health board
3    such information about purchase-of-care funds, State
4    facility utilization, and costs in its geographical area as
5    the board may request provided that the information
6    requested is for the purpose of the Community Mental Health
7    Board complying with the requirements of Section 3f,
8    subsection (f) of this Act;
9        (k) Perform such other acts as may be necessary or
10    proper to carry out the purposes of this Act.
11    (2) The community mental health board has the following
12powers:
13        (a) The board may enter into multiple-year contracts
14    for rendition or operation of services, facilities and
15    educational programs.
16        (b) The board may arrange through intergovernmental
17    agreements or intragovernmental agreements or both for the
18    rendition of services and operation of facilities by other
19    agencies or departments of the governmental unit or county
20    in which the governmental unit is located with the approval
21    of the governing body.
22        (c) To employ, establish compensation for, and set
23    policies for its personnel, including legal counsel, as may
24    be necessary to carry out the purposes of this Act and
25    prescribe the duties thereof. The board may enter into
26    multiple-year employment contracts as may be necessary for

 

 

HB2976 Engrossed- 419 -LRB097 06385 KTG 46467 b

1    the recruitment and retention of personnel and the proper
2    functioning of the board.
3        (d) The board may enter into multiple-year joint
4    agreements, which shall be written, with other mental
5    health boards and boards of health to provide jointly
6    agreed upon community mental health facilities and
7    services and to pool such funds as may be deemed necessary
8    and available for this purpose.
9        (e) The board may organize a not-for-profit
10    corporation for the purpose of providing direct recipient
11    services. Such corporations shall have, in addition to all
12    other lawful powers, the power to contract with persons to
13    furnish services for recipients of the corporation's
14    facilities, including psychiatrists and other physicians
15    licensed in this State to practice medicine in all of its
16    branches. Such physicians shall be considered independent
17    contractors, and liability for any malpractice shall not
18    extend to such corporation, nor to the community mental
19    health board, except for gross negligence in entering into
20    such a contract.
21        (f) The board shall not operate any direct recipient
22    services for more than a 2-year period when such services
23    are being provided in the governmental unit, but shall
24    encourage, by financial support, the development of
25    private agencies to deliver such needed services, pursuant
26    to regulations of the board.

 

 

HB2976 Engrossed- 420 -LRB097 06385 KTG 46467 b

1        (g) Where there are multiple boards within the same
2    planning area, as established by the Department of Human
3    Services, services may be purchased through a single
4    delivery system. In such areas, a coordinating body with
5    representation from each board shall be established to
6    carry out the service functions of this Act. In the event
7    any such coordinating body purchases or improves real
8    property, such body shall first obtain the approval of the
9    governing bodies of the governmental units in which the
10    coordinating body is located.
11        (h) The board may enter into multiple-year joint
12    agreements with other governmental units located within
13    the geographical area of the board. Such agreements shall
14    be written and shall provide for the rendition of services
15    by the board to the residents of such governmental units.
16        (i) The board may enter into multiple-year joint
17    agreements with federal, State, and local governments,
18    including the Department of Human Services, whereby the
19    board will provide certain services. All such joint
20    agreements must provide for the exchange of relevant data.
21    However, nothing in this Act shall be construed to permit
22    the abridgement of the confidentiality of patient records.
23        (j) The board may receive gifts from private sources
24    for purposes not inconsistent with the provisions of this
25    Act.
26        (k) The board may receive Federal, State and local

 

 

HB2976 Engrossed- 421 -LRB097 06385 KTG 46467 b

1    funds for purposes not inconsistent with the provisions of
2    this Act.
3        (l) The board may establish scholarship programs. Such
4    programs shall require equivalent service or reimbursement
5    pursuant to regulations of the board.
6        (m) The board may sell, rent, or lease real property
7    for purposes consistent with this Act.
8        (n) The board may: (i) own real property, lease real
9    property as lessee, or acquire real property by purchase,
10    construction, lease-purchase agreement, or otherwise; (ii)
11    take title to the property in the board's name; (iii)
12    borrow money and issue debt instruments, mortgages,
13    purchase-money mortgages, and other security instruments
14    with respect to the property; and (iv) maintain, repair,
15    remodel, or improve the property. All of these activities
16    must be for purposes consistent with this Act as may be
17    reasonably necessary for the housing and proper
18    functioning of the board. The board may use moneys in the
19    Community Mental Health Fund for these purposes.
20        (o) The board may organize a not-for-profit
21    corporation (i) for the purpose of raising money to be
22    distributed by the board for providing community mental
23    health services and facilities for the treatment of
24    alcoholism, drug addiction, developmental disabilities,
25    and intellectual disabilities mental retardation or (ii)
26    for other purposes not inconsistent with this Act.

 

 

HB2976 Engrossed- 422 -LRB097 06385 KTG 46467 b

1(Source: P.A. 95-336, eff. 8-21-07.)
 
2    Section 100. The Specialized Living Centers Act is amended
3by changing Section 2.03 as follows:
 
4    (405 ILCS 25/2.03)  (from Ch. 91 1/2, par. 602.03)
5    Sec. 2.03. "Person with a developmental disability" means
6individuals whose disability is attributable to an
7intellectual disability mental retardation, cerebral palsy,
8epilepsy or other neurological condition which generally
9originates before such individuals attain age 18 which had
10continued or can be expected to continue indefinitely and which
11constitutes a substantial handicap to such individuals.
12(Source: P.A. 88-380.)
 
13    Section 101. The Protection and Advocacy for
14Developmentally Disabled Persons Act is amended by changing
15Section 1 as follows:
 
16    (405 ILCS 40/1)  (from Ch. 91 1/2, par. 1151)
17    Sec. 1. The Governor may designate a private not-for-profit
18corporation as the agency to administer a State plan to protect
19and advocate the rights of persons with developmental
20disabilities pursuant to the requirements of the federal
21Developmental Disabilities Assistance and Bill of Rights Act,
2242 U.S.C. 6001 to 6081, as now or hereafter amended. The

 

 

HB2976 Engrossed- 423 -LRB097 06385 KTG 46467 b

1designated agency may pursue legal, administrative, and other
2appropriate remedies to ensure the protection of the rights of
3such persons who are receiving treatment, services or
4habilitation within this State. The agency designated by the
5Governor shall be independent of any agency which provides
6treatment, services, guardianship, or habilitation to persons
7with developmental disabilities, and such agency shall not be
8administered by the Governor's Planning Council on
9Developmental Disabilities or any successor State Planning
10Council organized pursuant to federal law.
11    The designated agency may receive and expend funds to
12protect and advocate the rights of persons with developmental
13disabilities. In order to properly exercise its powers and
14duties, such agency shall have access to developmental
15disability facilities and mental health facilities, as defined
16under Sections 1-107 and 1-114 of the Mental Health and
17Developmental Disabilities Code, and facilities as defined in
18Section 1-113 of the Nursing Home Care Act or Section 1-113 of
19the ID/DD MR/DD Community Care Act. Such access shall be
20granted for the purposes of meeting with residents and staff,
21informing them of services available from the agency,
22distributing written information about the agency and the
23rights of persons with developmental disabilities, conducting
24scheduled and unscheduled visits, and performing other
25activities designed to protect the rights of persons with
26developmental disabilities. The agency also shall have access,

 

 

HB2976 Engrossed- 424 -LRB097 06385 KTG 46467 b

1for the purpose of inspection and copying, to the records of a
2person with developmental disabilities who resides in any such
3facility subject to the limitations of this Act, the Mental
4Health and Developmental Disabilities Confidentiality Act, the
5Nursing Home Care Act, and the ID/DD MR/DD Community Care Act.
6The agency also shall have access, for the purpose of
7inspection and copying, to the records of a person with
8developmental disabilities who resides in any such facility if
9(1) a complaint is received by the agency from or on behalf of
10the person with a developmental disability, and (2) such person
11does not have a legal guardian or the State or the designee of
12the State is the legal guardian of such person. The designated
13agency shall provide written notice to the person with
14developmental disabilities and the State guardian of the nature
15of the complaint based upon which the designated agency has
16gained access to the records. No record or the contents of any
17record shall be redisclosed by the designated agency unless the
18person with developmental disabilities and the State guardian
19are provided 7 days advance written notice, except in emergency
20situations, of the designated agency's intent to redisclose
21such record, during which time the person with developmental
22disabilities or the State guardian may seek to judicially
23enjoin the designated agency's redisclosure of such record on
24the grounds that such redisclosure is contrary to the interests
25of the person with developmental disabilities. Any person who
26in good faith complains to the designated agency on behalf of a

 

 

HB2976 Engrossed- 425 -LRB097 06385 KTG 46467 b

1person with developmental disabilities, or provides
2information or participates in the investigation of any such
3complaint shall have immunity from any liability, civil,
4criminal or otherwise, and shall not be subject to any
5penalties, sanctions, restrictions or retaliation as a
6consequence of making such complaint, providing such
7information or participating in such investigation.
8    Upon request, the designated agency shall be entitled to
9inspect and copy any records or other materials which may
10further the agency's investigation of problems affecting
11numbers of persons with developmental disabilities. When
12required by law any personally identifiable information of
13persons with developmental disabilities shall be removed from
14the records. However, the designated agency may not inspect or
15copy any records or other materials when the removal of
16personally identifiable information imposes an unreasonable
17burden on mental health and developmental disabilities
18facilities pursuant to the Mental Health and Developmental
19Disabilities Code or facilities as defined in the Nursing Home
20Care Act or the ID/DD MR/DD Community Care Act.
21    The Governor shall not redesignate the agency to administer
22the State plan to protect and advocate the rights of persons
23with developmental disabilities unless there is good cause for
24the redesignation and unless notice of the intent to make such
25redesignation is given to persons with developmental
26disabilities or their representatives, the federal Secretary

 

 

HB2976 Engrossed- 426 -LRB097 06385 KTG 46467 b

1of Health and Human Services, and the General Assembly at least
260 days prior thereto.
3    As used in this Act, the term "developmental disability"
4means a severe, chronic disability of a person which:
5        (A) is attributable to a mental or physical impairment
6    or combination of mental and physical impairments;
7        (B) is manifested before the person attains age 22;
8        (C) is likely to continue indefinitely;
9        (D) results in substantial functional limitations in 3
10    or more of the following areas of major life activity: (i)
11    self-care, (ii) receptive and expressive language, (iii)
12    learning, (iv) mobility, (v) self-direction, (vi) capacity
13    for independent living, and (vii) economic
14    self-sufficiency; and
15        (E) reflects the person's need for combination and
16    sequence of special, interdisciplinary or generic care,
17    treatment or other services which are of lifelong or
18    extended duration and are individually planned and
19    coordinated.
20(Source: P.A. 96-339, eff. 7-1-10.)
 
21    Section 102. The Protection and Advocacy for Mentally Ill
22Persons Act is amended by changing Section 3 as follows:
 
23    (405 ILCS 45/3)  (from Ch. 91 1/2, par. 1353)
24    Sec. 3. Powers and Duties.

 

 

HB2976 Engrossed- 427 -LRB097 06385 KTG 46467 b

1    (A) In order to properly exercise its powers and duties,
2the agency shall have the authority to:
3        (1) Investigate incidents of abuse and neglect of
4    mentally ill persons if the incidents are reported to the
5    agency or if there is probable cause to believe that the
6    incidents occurred. In case of conflict with provisions of
7    the Abused and Neglected Child Reporting Act or the Nursing
8    Home Care Act, the provisions of those Acts shall apply.
9        (2) Pursue administrative, legal and other appropriate
10    remedies to ensure the protection of the rights of mentally
11    ill persons who are receiving care and treatment in this
12    State.
13        (3) Pursue administrative, legal and other remedies on
14    behalf of an individual who:
15            (a) was a mentally ill individual; and
16            (b) is a resident of this State, but only with
17        respect to matters which occur within 90 days after the
18        date of the discharge of such individual from a
19        facility providing care and treatment.
20        (4) Establish a board which shall:
21            (a) advise the protection and advocacy system on
22        policies and priorities to be carried out in protecting
23        and advocating the rights of mentally ill individuals;
24        and
25            (b) include attorneys, mental health
26        professionals, individuals from the public who are

 

 

HB2976 Engrossed- 428 -LRB097 06385 KTG 46467 b

1        knowledgeable about mental illness, a provider of
2        mental health services, individuals who have received
3        or are receiving mental health services and family
4        members of such individuals. At least one-half the
5        members of the board shall be individuals who have
6        received or are receiving mental health services or who
7        are family members of such individuals.
8        (5) On January 1, 1988, and on January 1 of each
9    succeeding year, prepare and transmit to the Secretary of
10    the United States Department of Health and Human Services
11    and to the Illinois Secretary of Human Services a report
12    describing the activities, accomplishments and
13    expenditures of the protection and advocacy system during
14    the most recently completed fiscal year.
15    (B) The agency shall have access to all mental health
16facilities as defined in Sections 1-107 and 1-114 of the Mental
17Health and Developmental Disabilities Code, all facilities as
18defined in Section 1-113 of the Nursing Home Care Act, all
19facilities as defined in Section 1-113 of the ID/DD MR/DD
20Community Care Act, all facilities as defined in Section 2.06
21of the Child Care Act of 1969, as now or hereafter amended, and
22all other facilities providing care or treatment to mentally
23ill persons. Such access shall be granted for the purposes of
24meeting with residents and staff, informing them of services
25available from the agency, distributing written information
26about the agency and the rights of persons who are mentally

 

 

HB2976 Engrossed- 429 -LRB097 06385 KTG 46467 b

1ill, conducting scheduled and unscheduled visits, and
2performing other activities designed to protect the rights of
3mentally ill persons.
4    (C) The agency shall have access to all records of mentally
5ill persons who are receiving care or treatment from a
6facility, subject to the limitations of this Act, the Mental
7Health and Developmental Disabilities Confidentiality Act, the
8Nursing Home Care Act and the Child Care Act of 1969, as now or
9hereafter amended. If the mentally ill person has a legal
10guardian other than the State or a designee of the State, the
11facility director shall disclose the guardian's name, address
12and telephone number to the agency upon its request. In cases
13of conflict with provisions of the Abused and Neglected Child
14Reporting Act and the Nursing Home Care Act, the provisions of
15the Abused and Neglected Child Reporting Act and the Nursing
16Home Care Act shall apply. The agency shall also have access,
17for the purpose of inspection and copying, to the records of a
18mentally ill person (i) who by reason of his or her mental or
19physical condition is unable to authorize the agency to have
20such access; (ii) who does not have a legal guardian or for
21whom the State or a designee of the State is the legal
22guardian; and (iii) with respect to whom a complaint has been
23received by the agency or with respect to whom there is
24probable cause to believe that such person has been subjected
25to abuse or neglect.
26    The agency shall provide written notice to the mentally ill

 

 

HB2976 Engrossed- 430 -LRB097 06385 KTG 46467 b

1person and the State guardian of the nature of the complaint
2based upon which the agency has gained access to the records.
3No record or the contents of the record shall be redisclosed by
4the agency unless the person who is mentally ill and the State
5guardian are provided 7 days advance written notice, except in
6emergency situations, of the agency's intent to redisclose such
7record. Within such 7-day period, the mentally ill person or
8the State guardian may seek an injunction prohibiting the
9agency's redisclosure of such record on the grounds that such
10redisclosure is contrary to the interests of the mentally ill
11person.
12    Upon request, the authorized agency shall be entitled to
13inspect and copy any clinical or trust fund records of mentally
14ill persons which may further the agency's investigation of
15alleged problems affecting numbers of mentally ill persons.
16When required by law, any personally identifiable information
17of mentally ill persons shall be removed from the records.
18However, the agency may not inspect or copy any records or
19other materials when the removal of personally identifiable
20information imposes an unreasonable burden on any facility as
21defined by the Mental Health and Developmental Disabilities
22Code, the Nursing Home Care Act or the Child Care Act of 1969,
23or any other facility providing care or treatment to mentally
24ill persons.
25    (D) Prior to instituting any legal action in a federal or
26State court on behalf of a mentally ill individual, an eligible

 

 

HB2976 Engrossed- 431 -LRB097 06385 KTG 46467 b

1protection and advocacy system, or a State agency or nonprofit
2organization which entered into a contract with such an
3eligible system under Section 104(a) of the federal Protection
4and Advocacy for Mentally Ill Individuals Act of 1986, shall
5exhaust in a timely manner all administrative remedies where
6appropriate. If, in pursuing administrative remedies, the
7system, State agency or organization determines that any matter
8with respect to such individual will not be resolved within a
9reasonable time, the system, State agency or organization may
10pursue alternative remedies, including the initiation of
11appropriate legal action.
12(Source: P.A. 96-339, eff. 7-1-10.)
 
13    Section 105. The Developmental Disability and Mental
14Disability Services Act is amended by changing Sections 2-3,
152-5, 2-17, 3-3, 3-5, 5-1, 5-4, and 6-1 as follows:
 
16    (405 ILCS 80/2-3)  (from Ch. 91 1/2, par. 1802-3)
17    Sec. 2-3. As used in this Article, unless the context
18requires otherwise:
19    (a) "Agency" means an agency or entity licensed by the
20Department pursuant to this Article or pursuant to the
21Community Residential Alternatives Licensing Act.
22    (b) "Department" means the Department of Human Services, as
23successor to the Department of Mental Health and Developmental
24Disabilities.

 

 

HB2976 Engrossed- 432 -LRB097 06385 KTG 46467 b

1    (c) "Home-based services" means services provided to a
2mentally disabled adult who lives in his or her own home. These
3services include but are not limited to:
4        (1) home health services;
5        (2) case management;
6        (3) crisis management;
7        (4) training and assistance in self-care;
8        (5) personal care services;
9        (6) habilitation and rehabilitation services;
10        (7) employment-related services;
11        (8) respite care; and
12        (9) other skill training that enables a person to
13    become self-supporting.
14    (d) "Legal guardian" means a person appointed by a court of
15competent jurisdiction to exercise certain powers on behalf of
16a mentally disabled adult.
17    (e) "Mentally disabled adult" means a person over the age
18of 18 years who lives in his or her own home; who needs
19home-based services, but does not require 24-hour-a-day
20supervision; and who has one of the following conditions:
21severe autism, severe mental illness, a severe or profound
22intellectual disability mental retardation, or severe and
23multiple impairments.
24    (f) In one's "own home" means that a mentally disabled
25adult lives alone; or that a mentally disabled adult is in
26full-time residence with his or her parents, legal guardian, or

 

 

HB2976 Engrossed- 433 -LRB097 06385 KTG 46467 b

1other relatives; or that a mentally disabled adult is in
2full-time residence in a setting not subject to licensure under
3the Nursing Home Care Act, the ID/DD MR/DD Community Care Act,
4or the Child Care Act of 1969, as now or hereafter amended,
5with 3 or fewer other adults unrelated to the mentally disabled
6adult who do not provide home-based services to the mentally
7disabled adult.
8    (g) "Parent" means the biological or adoptive parent of a
9mentally disabled adult, or a person licensed as a foster
10parent under the laws of this State who acts as a mentally
11disabled adult's foster parent.
12    (h) "Relative" means any of the following relationships by
13blood, marriage or adoption: parent, son, daughter, brother,
14sister, grandparent, uncle, aunt, nephew, niece, great
15grandparent, great uncle, great aunt, stepbrother, stepsister,
16stepson, stepdaughter, stepparent or first cousin.
17    (i) "Severe autism" means a lifelong developmental
18disability which is typically manifested before 30 months of
19age and is characterized by severe disturbances in reciprocal
20social interactions; verbal and nonverbal communication and
21imaginative activity; and repertoire of activities and
22interests. A person shall be determined severely autistic, for
23purposes of this Article, if both of the following are present:
24        (1) Diagnosis consistent with the criteria for
25    autistic disorder in the current edition of the Diagnostic
26    and Statistical Manual of Mental Disorders.

 

 

HB2976 Engrossed- 434 -LRB097 06385 KTG 46467 b

1        (2) Severe disturbances in reciprocal social
2    interactions; verbal and nonverbal communication and
3    imaginative activity; repertoire of activities and
4    interests. A determination of severe autism shall be based
5    upon a comprehensive, documented assessment with an
6    evaluation by a licensed clinical psychologist or
7    psychiatrist. A determination of severe autism shall not be
8    based solely on behaviors relating to environmental,
9    cultural or economic differences.
10    (j) "Severe mental illness" means the manifestation of all
11of the following characteristics:
12        (1) A primary diagnosis of one of the major mental
13    disorders in the current edition of the Diagnostic and
14    Statistical Manual of Mental Disorders listed below:
15            (A) Schizophrenia disorder.
16            (B) Delusional disorder.
17            (C) Schizo-affective disorder.
18            (D) Bipolar affective disorder.
19            (E) Atypical psychosis.
20            (F) Major depression, recurrent.
21        (2) The individual's mental illness must substantially
22    impair his or her functioning in at least 2 of the
23    following areas:
24            (A) Self-maintenance.
25            (B) Social functioning.
26            (C) Activities of community living.

 

 

HB2976 Engrossed- 435 -LRB097 06385 KTG 46467 b

1            (D) Work skills.
2        (3) Disability must be present or expected to be
3    present for at least one year.
4    A determination of severe mental illness shall be based
5upon a comprehensive, documented assessment with an evaluation
6by a licensed clinical psychologist or psychiatrist, and shall
7not be based solely on behaviors relating to environmental,
8cultural or economic differences.
9    (k) "Severe or profound intellectual disability mental
10retardation" means a manifestation of all of the following
11characteristics:
12        (1) A diagnosis which meets Classification in Mental
13    Retardation or criteria in the current edition of the
14    Diagnostic and Statistical Manual of Mental Disorders for
15    severe or profound mental retardation (an IQ of 40 or
16    below). This must be measured by a standardized instrument
17    for general intellectual functioning.
18        (2) A severe or profound level of disturbed adaptive
19    behavior. This must be measured by a standardized adaptive
20    behavior scale or informal appraisal by the professional in
21    keeping with illustrations in Classification in Mental
22    Retardation, 1983.
23        (3) Disability diagnosed before age of 18.
24    A determination of a severe or profound intellectual
25disability mental retardation shall be based upon a
26comprehensive, documented assessment with an evaluation by a

 

 

HB2976 Engrossed- 436 -LRB097 06385 KTG 46467 b

1licensed clinical psychologist or certified school
2psychologist or a psychiatrist, and shall not be based solely
3on behaviors relating to environmental, cultural or economic
4differences.
5    (l) "Severe and multiple impairments" means the
6manifestation of all of the following characteristics:
7        (1) The evaluation determines the presence of a
8    developmental disability which is expected to continue
9    indefinitely, constitutes a substantial handicap and is
10    attributable to any of the following:
11            (A) Intellectual disability Mental retardation,
12        which is defined as general intellectual functioning
13        that is 2 or more standard deviations below the mean
14        concurrent with impairment of adaptive behavior which
15        is 2 or more standard deviations below the mean.
16        Assessment of the individual's intellectual
17        functioning must be measured by a standardized
18        instrument for general intellectual functioning.
19            (B) Cerebral palsy.
20            (C) Epilepsy.
21            (D) Autism.
22            (E) Any other condition which results in
23        impairment similar to that caused by an intellectual
24        disability mental retardation and which requires
25        services similar to those required by intellectually
26        disabled mentally retarded persons.

 

 

HB2976 Engrossed- 437 -LRB097 06385 KTG 46467 b

1        (2) The evaluation determines multiple handicaps in
2    physical, sensory, behavioral or cognitive functioning
3    which constitute a severe or profound impairment
4    attributable to one or more of the following:
5            (A) Physical functioning, which severely impairs
6        the individual's motor performance that may be due to:
7                (i) Neurological, psychological or physical
8            involvement resulting in a variety of disabling
9            conditions such as hemiplegia, quadriplegia or
10            ataxia,
11                (ii) Severe organ systems involvement such as
12            congenital heart defect,
13                (iii) Physical abnormalities resulting in the
14            individual being non-mobile and non-ambulatory or
15            confined to bed and receiving assistance in
16            transferring, or
17                (iv) The need for regular medical or nursing
18            supervision such as gastrostomy care and feeding.
19            Assessment of physical functioning must be based
20        on clinical medical assessment by a physician licensed
21        to practice medicine in all its branches, using the
22        appropriate instruments, techniques and standards of
23        measurement required by the professional.
24            (B) Sensory, which involves severe restriction due
25        to hearing or visual impairment limiting the
26        individual's movement and creating dependence in

 

 

HB2976 Engrossed- 438 -LRB097 06385 KTG 46467 b

1        completing most daily activities. Hearing impairment
2        is defined as a loss of 70 decibels aided or speech
3        discrimination of less than 50% aided. Visual
4        impairment is defined as 20/200 corrected in the better
5        eye or a visual field of 20 degrees or less. Sensory
6        functioning must be based on clinical medical
7        assessment by a physician licensed to practice
8        medicine in all its branches using the appropriate
9        instruments, techniques and standards of measurement
10        required by the professional.
11            (C) Behavioral, which involves behavior that is
12        maladaptive and presents a danger to self or others, is
13        destructive to property by deliberately breaking,
14        destroying or defacing objects, is disruptive by
15        fighting, or has other socially offensive behaviors in
16        sufficient frequency or severity to seriously limit
17        social integration. Assessment of behavioral
18        functioning may be measured by a standardized scale or
19        informal appraisal by a clinical psychologist or
20        psychiatrist.
21            (D) Cognitive, which involves intellectual
22        functioning at a measured IQ of 70 or below. Assessment
23        of cognitive functioning must be measured by a
24        standardized instrument for general intelligence.
25        (3) The evaluation determines that development is
26    substantially less than expected for the age in cognitive,

 

 

HB2976 Engrossed- 439 -LRB097 06385 KTG 46467 b

1    affective or psychomotor behavior as follows:
2            (A) Cognitive, which involves intellectual
3        functioning at a measured IQ of 70 or below. Assessment
4        of cognitive functioning must be measured by a
5        standardized instrument for general intelligence.
6            (B) Affective behavior, which involves over and
7        under responding to stimuli in the environment and may
8        be observed in mood, attention to awareness, or in
9        behaviors such as euphoria, anger or sadness that
10        seriously limit integration into society. Affective
11        behavior must be based on clinical assessment using the
12        appropriate instruments, techniques and standards of
13        measurement required by the professional.
14            (C) Psychomotor, which includes a severe
15        developmental delay in fine or gross motor skills so
16        that development in self-care, social interaction,
17        communication or physical activity will be greatly
18        delayed or restricted.
19        (4) A determination that the disability originated
20    before the age of 18 years.
21    A determination of severe and multiple impairments shall be
22based upon a comprehensive, documented assessment with an
23evaluation by a licensed clinical psychologist or
24psychiatrist.
25    If the examiner is a licensed clinical psychologist,
26ancillary evaluation of physical impairment, cerebral palsy or

 

 

HB2976 Engrossed- 440 -LRB097 06385 KTG 46467 b

1epilepsy must be made by a physician licensed to practice
2medicine in all its branches.
3    Regardless of the discipline of the examiner, ancillary
4evaluation of visual impairment must be made by an
5ophthalmologist or a licensed optometrist.
6    Regardless of the discipline of the examiner, ancillary
7evaluation of hearing impairment must be made by an
8otolaryngologist or an audiologist with a certificate of
9clinical competency.
10    The only exception to the above is in the case of a person
11with cerebral palsy or epilepsy who, according to the
12eligibility criteria listed below, has multiple impairments
13which are only physical and sensory. In such a case, a
14physician licensed to practice medicine in all its branches may
15serve as the examiner.
16    (m) "Twenty-four-hour-a-day supervision" means
1724-hour-a-day care by a trained mental health or developmental
18disability professional on an ongoing basis.
19(Source: P.A. 96-339, eff. 7-1-10.)
 
20    (405 ILCS 80/2-5)  (from Ch. 91 1/2, par. 1802-5)
21    Sec. 2-5. The Department shall establish eligibility
22standards for the Program, taking into consideration the
23disability levels and service needs of the target population.
24The Department shall create application forms which shall be
25used to determine the eligibility of mentally disabled adults

 

 

HB2976 Engrossed- 441 -LRB097 06385 KTG 46467 b

1to participate in the Program. The forms shall be made
2available by the Department and shall require at least the
3following items of information which constitute eligibility
4criteria for participation in the Program:
5        (a) A statement that the mentally disabled adult
6    resides in the State of Illinois and is over the age of 18
7    years.
8        (b) Verification that the mentally disabled adult has
9    one of the following conditions: severe autism, severe
10    mental illness, a severe or profound intellectual
11    disability mental retardation, or severe and multiple
12    impairments.
13        (c) Verification that the mentally disabled adult has
14    applied and is eligible for federal Supplemental Security
15    Income or federal Social Security Disability Income
16    benefits.
17        (d) Verification that the mentally disabled adult
18    resides full-time in his or her own home or that, within 2
19    months of receipt of services under this Article, he or she
20    will reside full-time in his or her own home.
21    The Department may by rule adopt provisions establishing
22liability of responsible relatives of a recipient of services
23under this Article for the payment of sums representing charges
24for services to such recipient. Such rules shall be
25substantially similar to the provisions for such liability
26contained in Chapter 5 of the Mental Health and Developmental

 

 

HB2976 Engrossed- 442 -LRB097 06385 KTG 46467 b

1Disabilities Code, as now or hereafter amended, and rules
2adopted pursuant thereto.
3(Source: P.A. 86-921; 87-447.)
 
4    (405 ILCS 80/2-17)
5    Sec. 2-17. Transition from special education.
6    (a) If a person receiving special educational services
7under Article 14 of the School Code at a school in this State
8has severe autism, severe mental illness, a severe or profound
9intellectual disability mental retardation, or severe and
10multiple impairments and is not over 18 years of age but is
11otherwise eligible to participate in the Program, the person
12shall be determined eligible to participate in the Program,
13subject to the availability of funds appropriated for this
14purpose, when he or she becomes an adult and no longer receives
15special educational services.
16    (b) The Department shall implement this Section for fiscal
17years beginning July 1, 1996 and thereafter.
18(Source: P.A. 89-425, eff. 6-1-96.)
 
19    (405 ILCS 80/3-3)  (from Ch. 91 1/2, par. 1803-3)
20    Sec. 3-3. As used in this Article, unless the context
21requires otherwise:
22    (a) "Agency" means an agency or entity licensed by the
23Department pursuant to this Article or pursuant to the
24Community Residential Alternatives Licensing Act.

 

 

HB2976 Engrossed- 443 -LRB097 06385 KTG 46467 b

1    (b) "Department" means the Department of Human Services, as
2successor to the Department of Mental Health and Developmental
3Disabilities.
4    (c) "Department-funded out-of-home placement services"
5means those services for which the Department pays the partial
6or full cost of care of the residential placement.
7    (d) "Family" or "families" means a family member or members
8and his, her or their parents or legal guardians.
9    (e) "Family member" means a child 17 years old or younger
10who has one of the following conditions: severe autism, severe
11emotional disturbance, a severe or profound intellectual
12disability mental retardation, or severe and multiple
13impairments.
14    (f) "Legal guardian" means a person appointed by a court of
15competent jurisdiction to exercise certain powers on behalf of
16a family member and with whom the family member resides.
17    (g) "Parent" means a biological or adoptive parent with
18whom the family member resides, or a person licensed as a
19foster parent under the laws of this State, acting as a family
20member's foster parent, and with whom the family member
21resides.
22    (h) "Severe autism" means a lifelong developmental
23disability which is typically manifested before 30 months of
24age and is characterized by severe disturbances in reciprocal
25social interactions; verbal and nonverbal communication and
26imaginative activity; and repertoire of activities and

 

 

HB2976 Engrossed- 444 -LRB097 06385 KTG 46467 b

1interests. A person shall be determined severely autistic, for
2purposes of this Article, if both of the following are present:
3        (1) Diagnosis consistent with the criteria for
4    autistic disorder in the current edition of the Diagnostic
5    and Statistical Manual of Mental Disorders;
6        (2) Severe disturbances in reciprocal social
7    interactions; verbal and nonverbal communication and
8    imaginative activity; and repertoire of activities and
9    interests. A determination of severe autism shall be based
10    upon a comprehensive, documented assessment with an
11    evaluation by a licensed clinical psychologist or
12    psychiatrist. A determination of severe autism shall not be
13    based solely on behaviors relating to environmental,
14    cultural or economic differences.
15    (i) "Severe mental illness" means the manifestation of all
16of the following characteristics:
17        (1) a severe mental illness characterized by the
18    presence of a mental disorder in children or adolescents,
19    classified in the Diagnostic and Statistical Manual of
20    Mental Disorders (Third Edition - Revised), as now or
21    hereafter revised, excluding V-codes (as that term is used
22    in the current edition of the Diagnostic and Statistical
23    Manual of Mental Disorders), adjustment disorders, the
24    presence of an intellectual disability mental retardation
25    when no other mental disorder is present, alcohol or
26    substance abuse, or other forms of dementia based upon

 

 

HB2976 Engrossed- 445 -LRB097 06385 KTG 46467 b

1    organic or physical disorders; and
2        (2) a functional disability of an extended duration
3    which results in substantial limitations in major life
4    activities.
5    A determination of severe mental illness shall be based
6upon a comprehensive, documented assessment with an evaluation
7by a licensed clinical psychologist or a psychiatrist.
8    (j) "Severe or profound intellectual disability mental
9retardation" means a manifestation of all of the following
10characteristics:
11        (1) A diagnosis which meets Classification in Mental
12    Retardation or criteria in the current edition of the
13    Diagnostic and Statistical Manual of Mental Disorders for
14    severe or profound mental retardation (an IQ of 40 or
15    below). This must be measured by a standardized instrument
16    for general intellectual functioning.
17        (2) A severe or profound level of adaptive behavior.
18    This must be measured by a standardized adaptive behavior
19    scale or informal appraisal by the professional in keeping
20    with illustrations in Classification in Mental
21    Retardation, 1983.
22        (3) Disability diagnosed before age of 18.
23    A determination of a severe or profound intellectual
24disability mental retardation shall be based upon a
25comprehensive, documented assessment with an evaluation by a
26licensed clinical psychologist, certified school psychologist,

 

 

HB2976 Engrossed- 446 -LRB097 06385 KTG 46467 b

1a psychiatrist or other physician licensed to practice medicine
2in all its branches, and shall not be based solely on behaviors
3relating to environmental, cultural or economic differences.
4    (k) "Severe and multiple impairments" means the
5manifestation of all the following characteristics:
6        (1) The evaluation determines the presence of a
7    developmental disability which is expected to continue
8    indefinitely, constitutes a substantial handicap and is
9    attributable to any of the following:
10            (A) Intellectual disability Mental retardation,
11        which is defined as general intellectual functioning
12        that is 2 or more standard deviations below the mean
13        concurrent with impairment of adaptive behavior which
14        is 2 or more standard deviations below the mean.
15        Assessment of the individual's intellectual
16        functioning must be measured by a standardized
17        instrument for general intellectual functioning.
18            (B) Cerebral palsy.
19            (C) Epilepsy.
20            (D) Autism.
21            (E) Any other condition which results in
22        impairment similar to that caused by an intellectual
23        disability mental retardation and which requires
24        services similar to those required by intellectually
25        disabled mentally retarded persons.
26        (2) The evaluation determines multiple handicaps in

 

 

HB2976 Engrossed- 447 -LRB097 06385 KTG 46467 b

1    physical, sensory, behavioral or cognitive functioning
2    which constitute a severe or profound impairment
3    attributable to one or more of the following:
4            (A) Physical functioning, which severely impairs
5        the individual's motor performance that may be due to:
6                (i) Neurological, psychological or physical
7            involvement resulting in a variety of disabling
8            conditions such as hemiplegia, quadriplegia or
9            ataxia,
10                (ii) Severe organ systems involvement such as
11            congenital heart defect,
12                (iii) Physical abnormalities resulting in the
13            individual being non-mobile and non-ambulatory or
14            confined to bed and receiving assistance in
15            transferring, or
16                (iv) The need for regular medical or nursing
17            supervision such as gastrostomy care and feeding.
18            Assessment of physical functioning must be based
19        on clinical medical assessment, using the appropriate
20        instruments, techniques and standards of measurement
21        required by the professional.
22            (B) Sensory, which involves severe restriction due
23        to hearing or visual impairment limiting the
24        individual's movement and creating dependence in
25        completing most daily activities. Hearing impairment
26        is defined as a loss of 70 decibels aided or speech

 

 

HB2976 Engrossed- 448 -LRB097 06385 KTG 46467 b

1        discrimination of less than 50% aided. Visual
2        impairment is defined as 20/200 corrected in the better
3        eye or a visual field of 20 degrees or less. Sensory
4        functioning must be based on clinical medical
5        assessment using the appropriate instruments,
6        techniques and standards of measurement required by
7        the professional.
8            (C) Behavioral, which involves behavior that is
9        maladaptive and presents a danger to self or others, is
10        destructive to property by deliberately breaking,
11        destroying or defacing objects, is disruptive by
12        fighting, or has other socially offensive behaviors in
13        sufficient frequency or severity to seriously limit
14        social integration. Assessment of behavioral
15        functioning may be measured by a standardized scale or
16        informal appraisal by the medical professional.
17            (D) Cognitive, which involves intellectual
18        functioning at a measured IQ of 70 or below. Assessment
19        of cognitive functioning must be measured by a
20        standardized instrument for general intelligence.
21        (3) The evaluation determines that development is
22    substantially less than expected for the age in cognitive,
23    affective or psychomotor behavior as follows:
24            (A) Cognitive, which involves intellectual
25        functioning at a measured IQ of 70 or below. Assessment
26        of cognitive functioning must be measured by a

 

 

HB2976 Engrossed- 449 -LRB097 06385 KTG 46467 b

1        standardized instrument for general intelligence.
2            (B) Affective behavior, which involves over and
3        under responding to stimuli in the environment and may
4        be observed in mood, attention to awareness, or in
5        behaviors such as euphoria, anger or sadness that
6        seriously limit integration into society. Affective
7        behavior must be based on clinical medical and
8        psychiatric assessment using the appropriate
9        instruments, techniques and standards of measurement
10        required by the professional.
11            (C) Psychomotor, which includes a severe
12        developmental delay in fine or gross motor skills so
13        that development in self-care, social interaction,
14        communication or physical activity will be greatly
15        delayed or restricted.
16        (4) A determination that the disability originated
17    before the age of 18 years.
18    A determination of severe and multiple impairments shall be
19based upon a comprehensive, documented assessment with an
20evaluation by a licensed clinical psychologist or
21psychiatrist. If the examiner is a licensed clinical
22psychologist, ancillary evaluation of physical impairment,
23cerebral palsy or epilepsy must be made by a physician licensed
24to practice medicine in all its branches.
25    Regardless of the discipline of the examiner, ancillary
26evaluation of visual impairment must be made by an

 

 

HB2976 Engrossed- 450 -LRB097 06385 KTG 46467 b

1ophthalmologist or a licensed optometrist.
2    Regardless of the discipline of the examiner, ancillary
3evaluation of hearing impairment must be made by an
4otolaryngologist or an audiologist with a certificate of
5clinical competency.
6    The only exception to the above is in the case of a person
7with cerebral palsy or epilepsy who, according to the
8eligibility criteria listed below, has multiple impairments
9which are only physical and sensory. In such a case, a
10physician licensed to practice medicine in all its branches may
11serve as the examiner.
12(Source: P.A. 89-507, eff. 7-1-97.)
 
13    (405 ILCS 80/3-5)  (from Ch. 91 1/2, par. 1803-5)
14    Sec. 3-5. The Department shall create application forms
15which shall be used to determine the eligibility of families
16for the Program. The forms shall require at least the following
17items of information which constitute the eligibility criteria
18for participation in the Program:
19    (a) A statement that the family resides in the State of
20Illinois.
21    (b) A statement that the family member is 17 years of age
22or younger.
23    (c) A statement that the family member resides, or is
24expected to reside, with his or her parent or legal guardian,
25or that the family member resides in an out-of-home placement

 

 

HB2976 Engrossed- 451 -LRB097 06385 KTG 46467 b

1with the expectation of residing with the parent or legal
2guardian within 2 months of the date of the application.
3    (d) Verification that the family member has one of the
4following conditions: severe autism, severe mental illness, a
5severe or profound intellectual disability mental retardation,
6or severe and multiple impairments. Verification of the family
7member's condition shall be:
8        (1) by the family member's local school district for
9    family members enrolled with a local school district; or
10        (2) by an entity designated by the Department.
11    (e) Verification that the taxable income for the family for
12the year immediately preceding the date of the application did
13not exceed an amount to be established by rule of the
14Department, unless it can be verified that the taxable income
15for the family for the year in which the application is made
16will be less than such amount. The maximum taxable family
17income set by rule of the Department may not be less than
18$65,000 beginning January 1, 2008.
19(Source: P.A. 95-112, eff. 8-13-07.)
 
20    (405 ILCS 80/5-1)  (from Ch. 91 1/2, par. 1805-1)
21    Sec. 5-1. As the mental health and developmental
22disabilities or intellectual disabilities mental retardation
23authority for the State of Illinois, the Department of Human
24Services shall have the authority to license, certify and
25prescribe standards governing the programs and services

 

 

HB2976 Engrossed- 452 -LRB097 06385 KTG 46467 b

1provided under this Act, as well as all other agencies or
2programs which provide home-based or community-based services
3to the mentally disabled, except those services, programs or
4agencies established under or otherwise subject to the Child
5Care Act of 1969 or the ID/DD MR/DD Community Care Act, as now
6or hereafter amended, and this Act shall not be construed to
7limit the application of those Acts.
8(Source: P.A. 96-339, eff. 7-1-10.)
 
9    (405 ILCS 80/5-4)
10    Sec. 5-4. Home and Community-Based Services Waivers;
11autism spectrum disorder. A person diagnosed with an autism
12spectrum disorder may be assessed for eligibility for services
13under Home and Community-Based Services Waivers for persons
14with developmental disabilities, without regard to whether
15that person is also diagnosed with an intellectual disability
16mental retardation, so long as the person otherwise meets
17applicable level-of-care criteria under those waivers. This
18amendatory Act of the 95th General Assembly does not create any
19new entitlement to a service, program, or benefit, but shall
20not affect any entitlement to a service, program, or benefit
21created by any other law.
22(Source: P.A. 95-251, eff. 8-17-07.)
 
23    (405 ILCS 80/6-1)
24    Sec. 6-1. Community Residential Choices Program.

 

 

HB2976 Engrossed- 453 -LRB097 06385 KTG 46467 b

1    (a) The purpose of this Article is to promote greater
2compatibility among individuals with developmental
3disabilities who live together by allowing individuals with
4developmental disabilities who meet either the emergency or
5critical need criteria of the Department of Human Services as
6defined under the Department's developmental disabilities
7cross-disability database (as required by Section 10-26 of the
8Department of Human Services Act), and who also meet the
9Department's developmental disabilities priority population
10criteria for residential services as defined in the
11Department's developmental disabilities Community Services
12Agreement and whose parents are over the age of 60, to choose
13to live together in a community-based residential program.
14    (b) For purposes of this Article:
15    "Community-based residential program" means one of a
16variety of living arrangements for persons with developmental
17disabilities, including existing settings such as
18community-integrated living arrangements, and may also include
19newly developed settings that are consistent with this
20definition.
21    "Developmental disability" may include an autism spectrum
22disorder.
23    (c) A person diagnosed with an autism spectrum disorder may
24be assessed for eligibility for services under Home and
25Community-Based Services Waivers for persons with
26developmental disabilities without regard to whether that

 

 

HB2976 Engrossed- 454 -LRB097 06385 KTG 46467 b

1person is also diagnosed with an intellectual disability mental
2retardation, so long as the person otherwise meets applicable
3level-of-care criteria under those waivers. This provision
4does not create any new entitlement to a service, program, or
5benefit, but shall not affect any entitlement to a service,
6program, or benefit created by any other law.
7(Source: P.A. 95-636, eff. 10-5-07.)
 
8    Section 110. The Medical Patient Rights Act is amended by
9changing Section 2.03 as follows:
 
10    (410 ILCS 50/2.03)  (from Ch. 111 1/2, par. 5402.03)
11    Sec. 2.03. "Health care provider" means any public or
12private facility that provides, on an inpatient or outpatient
13basis, preventive, diagnostic, therapeutic, convalescent,
14rehabilitation, mental health, or intellectual disability
15mental retardation services, including general or special
16hospitals, skilled nursing homes, extended care facilities,
17intermediate care facilities and mental health centers.
18(Source: P.A. 81-1167.)
 
19    Section 115. The Newborn Metabolic Screening Act is amended
20by changing Section 2 as follows:
 
21    (410 ILCS 240/2)  (from Ch. 111 1/2, par. 4904)
22    Sec. 2. The Department of Public Health shall administer

 

 

HB2976 Engrossed- 455 -LRB097 06385 KTG 46467 b

1the provisions of this Act and shall:
2    (a) Institute and carry on an intensive educational program
3among physicians, hospitals, public health nurses and the
4public concerning the diseases phenylketonuria,
5hypothyroidism, galactosemia and other metabolic diseases.
6This educational program shall include information about the
7nature of the diseases and examinations for the detection of
8the diseases in early infancy in order that measures may be
9taken to prevent the intellectual disabilities mental
10retardation resulting from the diseases.
11    (a-5) Beginning July 1, 2002, provide all newborns with
12expanded screening tests for the presence of genetic,
13endocrine, or other metabolic disorders, including
14phenylketonuria, galactosemia, hypothyroidism, congenital
15adrenal hyperplasia, biotinidase deficiency, and sickling
16disorders, as well as other amino acid disorders, organic acid
17disorders, fatty acid oxidation disorders, and other
18abnormalities detectable through the use of a tandem mass
19spectrometer. If by July 1, 2002, the Department is unable to
20provide expanded screening using the State Laboratory, it shall
21temporarily provide such screening through an accredited
22laboratory selected by the Department until the Department has
23the capacity to provide screening through the State Laboratory.
24If expanded screening is provided on a temporary basis through
25an accredited laboratory, the Department shall substitute the
26fee charged by the accredited laboratory, plus a 5% surcharge

 

 

HB2976 Engrossed- 456 -LRB097 06385 KTG 46467 b

1for documentation and handling, for the fee authorized in
2subsection (e) of this Section.
3    (a-6) In accordance with the timetable specified in this
4subsection, provide all newborns with expanded screening tests
5for the presence of certain Lysosomal Storage Disorders known
6as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick. The testing
7shall begin within 6 months following the occurrence of all of
8the following:
9        (i) the registration with the federal Food and Drug
10    Administration of the necessary reagents;
11        (ii) the availability of the necessary reagents from
12    the Centers for Disease Control and Prevention;
13        (iii) the availability of quality assurance testing
14    methodology for these processes; and
15        (iv) the acquisition and installment by the Department
16    of the equipment necessary to implement the expanded
17    screening tests.
18    It is the goal of this amendatory Act of the 95th General
19Assembly that the expanded screening for the specified
20Lysosomal Storage Disorders begins within 3 years after the
21effective date of this Act. The Department is authorized to
22implement an additional fee for the screening prior to
23beginning the testing in order to accumulate the resources for
24start-up and other costs associated with implementation of the
25screening and thereafter to support the costs associated with
26screening and follow-up programs for the specified Lysosomal

 

 

HB2976 Engrossed- 457 -LRB097 06385 KTG 46467 b

1Storage Disorders.
2    (b) Maintain a registry of cases including information of
3importance for the purpose of follow-up services to prevent
4intellectual disabilities mental retardation.
5    (c) Supply the necessary metabolic treatment formulas
6where practicable for diagnosed cases of amino acid metabolism
7disorders, including phenylketonuria, organic acid disorders,
8and fatty acid oxidation disorders for as long as medically
9indicated, when the product is not available through other
10State agencies.
11    (d) Arrange for or provide public health nursing, nutrition
12and social services and clinical consultation as indicated.
13    (e) Require that all specimens collected pursuant to this
14Act or the rules and regulations promulgated hereunder be
15submitted for testing to the nearest Department of Public
16Health laboratory designated to perform such tests. The
17Department may develop a reasonable fee structure and may levy
18fees according to such structure to cover the cost of providing
19this testing service. Fees collected from the provision of this
20testing service shall be placed in a special fund in the State
21Treasury, hereafter known as the Metabolic Screening and
22Treatment Fund. Other State and federal funds for expenses
23related to metabolic screening, follow-up and treatment
24programs may also be placed in such Fund. Moneys shall be
25appropriated from such Fund to the Department of Public Health
26solely for the purposes of providing metabolic screening,

 

 

HB2976 Engrossed- 458 -LRB097 06385 KTG 46467 b

1follow-up and treatment programs. Nothing in this Act shall be
2construed to prohibit any licensed medical facility from
3collecting additional specimens for testing for metabolic or
4neonatal diseases or any other diseases or conditions, as it
5deems fit. Any person violating the provisions of this
6subsection (e) is guilty of a petty offense.
7(Source: P.A. 95-695, eff. 11-5-07.)
 
8    Section 120. The Developmental Disability Prevention Act
9is amended by changing Section 2 as follows:
 
10    (410 ILCS 250/2)  (from Ch. 111 1/2, par. 2102)
11    Sec. 2.
12    As used in this Act:
13    a "perinatal" means the period of time between the
14conception of an infant and the end of the first month of life;
15    b "congenital" means those intrauterine factors which
16influence the growth, development and function of the fetus;
17    c "environmental" means those extrauterine factors which
18influence the adaptation, well being or life of the newborn and
19may lead to disability;
20    d "high risk" means an increased level of risk of harm or
21mortality to the woman of childbearing age, fetus or newborn
22from congenital and/or environmental factors;
23    e "perinatal center" means a referral facility intended to
24care for the high risk patient before, during, or after labor

 

 

HB2976 Engrossed- 459 -LRB097 06385 KTG 46467 b

1and delivery and characterized by sophistication and
2availability of personnel, equipment, laboratory,
3transportation techniques, consultation and other support
4services;
5    f "developmental disability" means an intellectual
6disability mental retardation, cerebral palsy, epilepsy, or
7other neurological handicapping conditions of an individual
8found to be closely related to an intellectual disability
9mental retardation or to require treatment similar to that
10required by intellectually disabled mentally retarded
11individuals, and the disability originates before such
12individual attains age 18, and has continued, or can be
13expected to continue indefinitely, and constitutes a
14substantial handicap of such individuals;
15    g "disability" means a condition characterized by
16temporary or permanent, partial or complete impairment of
17physical, mental or physiological function;
18    h "Department" means the Department of Public Health.
19(Source: P.A. 78-557.)
 
20    Section 125. The Communicable Disease Prevention Act is
21amended by changing Section 1 as follows:
 
22    (410 ILCS 315/1)  (from Ch. 111 1/2, par. 22.11)
23    Sec. 1. Certain communicable diseases such as measles,
24poliomyelitis, invasive pneumococcal disease, and tetanus, may

 

 

HB2976 Engrossed- 460 -LRB097 06385 KTG 46467 b

1and do result in serious physical and mental disability
2including an intellectual disability mental retardation,
3permanent paralysis, encephalitis, convulsions, pneumonia, and
4not infrequently, death.
5    Most of these diseases attack young children, and if they
6have not been immunized, may spread to other susceptible
7children and possibly, adults, thus, posing serious threats to
8the health of the community. Effective, safe and widely used
9vaccines and immunization procedures have been developed and
10are available to prevent these diseases and to limit their
11spread. Even though such immunization procedures are
12available, many children fail to receive this protection either
13through parental oversight, lack of concern, knowledge or
14interest, or lack of available facilities or funds. The
15existence of susceptible children in the community constitutes
16a health hazard to the individual and to the public at large by
17serving as a focus for the spread of these communicable
18diseases.
19    It is declared to be the public policy of this State that
20all children shall be protected, as soon after birth as
21medically indicated, by the appropriate vaccines and
22immunizing procedures to prevent communicable diseases which
23are or which may in the future become preventable by
24immunization.
25(Source: P.A. 95-159, eff. 8-14-07.)
 

 

 

HB2976 Engrossed- 461 -LRB097 06385 KTG 46467 b

1    Section 126. The Facilities Requiring Smoke Detectors Act
2is amended by changing Section 1 as follows:
 
3    (425 ILCS 10/1)  (from Ch. 127 1/2, par. 821)
4    Sec. 1. For purposes of this Act, unless the context
5requires otherwise:
6    (a) "Facility" means:
7        (1) Any long-term care facility as defined in Section
8    1-113 of the Nursing Home Care Act or any facility as
9    defined in Section 1-113 of the ID/DD MR/DD Community Care
10    Act, as amended;
11        (2) Any community residential alternative as defined
12    in paragraph (4) of Section 3 of the Community Residential
13    Alternatives Licensing Act, as amended; and
14        (3) Any child care facility as defined in Section 2.05
15    of the Child Care Act of 1969, as amended.
16    (b) "Approved smoke detector" or "detector" means a smoke
17detector of the ionization or photoelectric type which complies
18with all the requirements of the rules and regulations of the
19Illinois State Fire Marshal.
20(Source: P.A. 96-339, eff. 7-1-10.)
 
21    Section 130. The Firearm Owners Identification Card Act is
22amended by changing Sections 4 and 8 as follows:
 
23    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)

 

 

HB2976 Engrossed- 462 -LRB097 06385 KTG 46467 b

1    Sec. 4. (a) Each applicant for a Firearm Owner's
2Identification Card must:
3        (1) Make application on blank forms prepared and
4    furnished at convenient locations throughout the State by
5    the Department of State Police, or by electronic means, if
6    and when made available by the Department of State Police;
7    and
8        (2) Submit evidence to the Department of State Police
9    that:
10            (i) He or she is 21 years of age or over, or if he
11        or she is under 21 years of age that he or she has the
12        written consent of his or her parent or legal guardian
13        to possess and acquire firearms and firearm ammunition
14        and that he or she has never been convicted of a
15        misdemeanor other than a traffic offense or adjudged
16        delinquent, provided, however, that such parent or
17        legal guardian is not an individual prohibited from
18        having a Firearm Owner's Identification Card and files
19        an affidavit with the Department as prescribed by the
20        Department stating that he or she is not an individual
21        prohibited from having a Card;
22            (ii) He or she has not been convicted of a felony
23        under the laws of this or any other jurisdiction;
24            (iii) He or she is not addicted to narcotics;
25            (iv) He or she has not been a patient in a mental
26        institution within the past 5 years and he or she has

 

 

HB2976 Engrossed- 463 -LRB097 06385 KTG 46467 b

1        not been adjudicated as a mental defective;
2            (v) He or she is not intellectually disabled
3        mentally retarded;
4            (vi) He or she is not an alien who is unlawfully
5        present in the United States under the laws of the
6        United States;
7            (vii) He or she is not subject to an existing order
8        of protection prohibiting him or her from possessing a
9        firearm;
10            (viii) He or she has not been convicted within the
11        past 5 years of battery, assault, aggravated assault,
12        violation of an order of protection, or a substantially
13        similar offense in another jurisdiction, in which a
14        firearm was used or possessed;
15            (ix) He or she has not been convicted of domestic
16        battery or a substantially similar offense in another
17        jurisdiction committed on or after the effective date
18        of this amendatory Act of 1997;
19            (x) He or she has not been convicted within the
20        past 5 years of domestic battery or a substantially
21        similar offense in another jurisdiction committed
22        before the effective date of this amendatory Act of
23        1997;
24            (xi) He or she is not an alien who has been
25        admitted to the United States under a non-immigrant
26        visa (as that term is defined in Section 101(a)(26) of

 

 

HB2976 Engrossed- 464 -LRB097 06385 KTG 46467 b

1        the Immigration and Nationality Act (8 U.S.C.
2        1101(a)(26))), or that he or she is an alien who has
3        been lawfully admitted to the United States under a
4        non-immigrant visa if that alien is:
5                (1) admitted to the United States for lawful
6            hunting or sporting purposes;
7                (2) an official representative of a foreign
8            government who is:
9                    (A) accredited to the United States
10                Government or the Government's mission to an
11                international organization having its
12                headquarters in the United States; or
13                    (B) en route to or from another country to
14                which that alien is accredited;
15                (3) an official of a foreign government or
16            distinguished foreign visitor who has been so
17            designated by the Department of State;
18                (4) a foreign law enforcement officer of a
19            friendly foreign government entering the United
20            States on official business; or
21                (5) one who has received a waiver from the
22            Attorney General of the United States pursuant to
23            18 U.S.C. 922(y)(3);
24            (xii) He or she is not a minor subject to a
25        petition filed under Section 5-520 of the Juvenile
26        Court Act of 1987 alleging that the minor is a

 

 

HB2976 Engrossed- 465 -LRB097 06385 KTG 46467 b

1        delinquent minor for the commission of an offense that
2        if committed by an adult would be a felony; and
3            (xiii) He or she is not an adult who had been
4        adjudicated a delinquent minor under the Juvenile
5        Court Act of 1987 for the commission of an offense that
6        if committed by an adult would be a felony; and
7        (3) Upon request by the Department of State Police,
8    sign a release on a form prescribed by the Department of
9    State Police waiving any right to confidentiality and
10    requesting the disclosure to the Department of State Police
11    of limited mental health institution admission information
12    from another state, the District of Columbia, any other
13    territory of the United States, or a foreign nation
14    concerning the applicant for the sole purpose of
15    determining whether the applicant is or was a patient in a
16    mental health institution and disqualified because of that
17    status from receiving a Firearm Owner's Identification
18    Card. No mental health care or treatment records may be
19    requested. The information received shall be destroyed
20    within one year of receipt.
21    (a-5) Each applicant for a Firearm Owner's Identification
22Card who is over the age of 18 shall furnish to the Department
23of State Police either his or her driver's license number or
24Illinois Identification Card number.
25    (a-10) Each applicant for a Firearm Owner's Identification
26Card, who is employed as an armed security officer at a nuclear

 

 

HB2976 Engrossed- 466 -LRB097 06385 KTG 46467 b

1energy, storage, weapons, or development facility regulated by
2the Nuclear Regulatory Commission and who is not an Illinois
3resident, shall furnish to the Department of State Police his
4or her driver's license number or state identification card
5number from his or her state of residence. The Department of
6State Police may promulgate rules to enforce the provisions of
7this subsection (a-10).
8    (b) Each application form shall include the following
9statement printed in bold type: "Warning: Entering false
10information on an application for a Firearm Owner's
11Identification Card is punishable as a Class 2 felony in
12accordance with subsection (d-5) of Section 14 of the Firearm
13Owners Identification Card Act.".
14    (c) Upon such written consent, pursuant to Section 4,
15paragraph (a)(2)(i), the parent or legal guardian giving the
16consent shall be liable for any damages resulting from the
17applicant's use of firearms or firearm ammunition.
18(Source: P.A. 95-581, eff. 6-1-08.)
 
19    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
20    Sec. 8. The Department of State Police has authority to
21deny an application for or to revoke and seize a Firearm
22Owner's Identification Card previously issued under this Act
23only if the Department finds that the applicant or the person
24to whom such card was issued is or was at the time of issuance:
25    (a) A person under 21 years of age who has been convicted

 

 

HB2976 Engrossed- 467 -LRB097 06385 KTG 46467 b

1of a misdemeanor other than a traffic offense or adjudged
2delinquent;
3    (b) A person under 21 years of age who does not have the
4written consent of his parent or guardian to acquire and
5possess firearms and firearm ammunition, or whose parent or
6guardian has revoked such written consent, or where such parent
7or guardian does not qualify to have a Firearm Owner's
8Identification Card;
9    (c) A person convicted of a felony under the laws of this
10or any other jurisdiction;
11    (d) A person addicted to narcotics;
12    (e) A person who has been a patient of a mental institution
13within the past 5 years or has been adjudicated as a mental
14defective;
15    (f) A person whose mental condition is of such a nature
16that it poses a clear and present danger to the applicant, any
17other person or persons or the community;
18    For the purposes of this Section, "mental condition" means
19a state of mind manifested by violent, suicidal, threatening or
20assaultive behavior.
21    (g) A person who is intellectually disabled mentally
22retarded;
23    (h) A person who intentionally makes a false statement in
24the Firearm Owner's Identification Card application;
25    (i) An alien who is unlawfully present in the United States
26under the laws of the United States;

 

 

HB2976 Engrossed- 468 -LRB097 06385 KTG 46467 b

1    (i-5) An alien who has been admitted to the United States
2under a non-immigrant visa (as that term is defined in Section
3101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
41101(a)(26))), except that this subsection (i-5) does not apply
5to any alien who has been lawfully admitted to the United
6States under a non-immigrant visa if that alien is:
7        (1) admitted to the United States for lawful hunting or
8    sporting purposes;
9        (2) an official representative of a foreign government
10    who is:
11            (A) accredited to the United States Government or
12        the Government's mission to an international
13        organization having its headquarters in the United
14        States; or
15            (B) en route to or from another country to which
16        that alien is accredited;
17        (3) an official of a foreign government or
18    distinguished foreign visitor who has been so designated by
19    the Department of State;
20        (4) a foreign law enforcement officer of a friendly
21    foreign government entering the United States on official
22    business; or
23        (5) one who has received a waiver from the Attorney
24    General of the United States pursuant to 18 U.S.C.
25    922(y)(3);
26    (j) (Blank);

 

 

HB2976 Engrossed- 469 -LRB097 06385 KTG 46467 b

1    (k) A person who has been convicted within the past 5 years
2of battery, assault, aggravated assault, violation of an order
3of protection, or a substantially similar offense in another
4jurisdiction, in which a firearm was used or possessed;
5    (l) A person who has been convicted of domestic battery or
6a substantially similar offense in another jurisdiction
7committed on or after January 1, 1998;
8    (m) A person who has been convicted within the past 5 years
9of domestic battery or a substantially similar offense in
10another jurisdiction committed before January 1, 1998;
11    (n) A person who is prohibited from acquiring or possessing
12firearms or firearm ammunition by any Illinois State statute or
13by federal law;
14    (o) A minor subject to a petition filed under Section 5-520
15of the Juvenile Court Act of 1987 alleging that the minor is a
16delinquent minor for the commission of an offense that if
17committed by an adult would be a felony; or
18    (p) An adult who had been adjudicated a delinquent minor
19under the Juvenile Court Act of 1987 for the commission of an
20offense that if committed by an adult would be a felony.
21(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
 
22    Section 135. The Criminal Code of 1961 is amended by
23changing Sections 2-10.1, 10-1, 10-2, 10-5, 11-14.1, 11-15.1,
2411-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-20.3, 12-4.3,
2512-14, 12-16, 12-19, 12-21, 17-29, 24-3, 24-3.1, and 26-1 as

 

 

HB2976 Engrossed- 470 -LRB097 06385 KTG 46467 b

1follows:
 
2    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
3    Sec. 2-10.1. "Severely or profoundly intellectually
4disabled mentally retarded person" means a person (i) whose
5intelligence quotient does not exceed 40 or (ii) whose
6intelligence quotient does not exceed 55 and who suffers from
7significant mental illness to the extent that the person's
8ability to exercise rational judgment is impaired. In any
9proceeding in which the defendant is charged with committing a
10violation of Section 10-2, 10-5, 11-15.1, 11-19.1, 11-19.2,
1111-20.1, 12-4.3, 12-14, or 12-16 of this Code against a victim
12who is alleged to be a severely or profoundly intellectually
13disabled mentally retarded person, any findings concerning the
14victim's status as a severely or profoundly intellectually
15disabled mentally retarded person, made by a court after a
16judicial admission hearing concerning the victim under
17Articles V and VI of Chapter 4 of the Mental Health and
18Developmental Disabilities Code shall be admissible.
19(Source: P.A. 92-434, eff. 1-1-02.)
 
20    (720 ILCS 5/10-1)  (from Ch. 38, par. 10-1)
21    Sec. 10-1. Kidnapping.
22    (a) A person commits the offense of kidnapping when he or
23she knowingly:
24        (1) and secretly confines another against his or her

 

 

HB2976 Engrossed- 471 -LRB097 06385 KTG 46467 b

1    will;
2        (2) by force or threat of imminent force carries
3    another from one place to another with intent secretly to
4    confine that other person against his or her will; or
5        (3) by deceit or enticement induces another to go from
6    one place to another with intent secretly to confine that
7    other person against his or her will.
8    (b) Confinement of a child under the age of 13 years, or of
9a severely or profoundly intellectually disabled mentally
10retarded person, is against that child's or person's will
11within the meaning of this Section if that confinement is
12without the consent of that child's or person's parent or legal
13guardian.
14    (c) Sentence. Kidnapping is a Class 2 felony.
15(Source: P.A. 96-710, eff. 1-1-10.)
 
16    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
17    Sec. 10-2. Aggravated kidnaping.
18    (a) A person commits the offense of aggravated kidnaping
19when he or she commits kidnapping and:
20        (1) kidnaps with the intent to obtain ransom from the
21    person kidnaped or from any other person;
22        (2) takes as his or her victim a child under the age of
23    13 years, or a severely or profoundly intellectually
24    disabled mentally retarded person;
25        (3) inflicts great bodily harm, other than by the

 

 

HB2976 Engrossed- 472 -LRB097 06385 KTG 46467 b

1    discharge of a firearm, or commits another felony upon his
2    or her victim;
3        (4) wears a hood, robe, or mask or conceals his or her
4    identity;
5        (5) commits the offense of kidnaping while armed with a
6    dangerous weapon, other than a firearm, as defined in
7    Section 33A-1 of this Code;
8        (6) commits the offense of kidnaping while armed with a
9    firearm;
10        (7) during the commission of the offense of kidnaping,
11    personally discharges a firearm; or
12        (8) during the commission of the offense of kidnaping,
13    personally discharges a firearm that proximately causes
14    great bodily harm, permanent disability, permanent
15    disfigurement, or death to another person.
16    As used in this Section, "ransom" includes money, benefit,
17or other valuable thing or concession.
18    (b) Sentence. Aggravated kidnaping in violation of
19paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
20Class X felony. A violation of subsection (a)(6) is a Class X
21felony for which 15 years shall be added to the term of
22imprisonment imposed by the court. A violation of subsection
23(a)(7) is a Class X felony for which 20 years shall be added to
24the term of imprisonment imposed by the court. A violation of
25subsection (a)(8) is a Class X felony for which 25 years or up
26to a term of natural life shall be added to the term of

 

 

HB2976 Engrossed- 473 -LRB097 06385 KTG 46467 b

1imprisonment imposed by the court.
2    A person who is convicted of a second or subsequent offense
3of aggravated kidnaping shall be sentenced to a term of natural
4life imprisonment; except that a sentence of natural life
5imprisonment shall not be imposed under this Section unless the
6second or subsequent offense was committed after conviction on
7the first offense.
8(Source: P.A. 96-710, eff. 1-1-10.)
 
9    (720 ILCS 5/10-5)  (from Ch. 38, par. 10-5)
10    Sec. 10-5. Child abduction.
11    (a) For purposes of this Section, the following terms have
12the following meanings:
13        (1) "Child" means a person who, at the time the alleged
14    violation occurred, was under the age of 18 or severely or
15    profoundly intellectually disabled mentally retarded.
16        (2) "Detains" means taking or retaining physical
17    custody of a child, whether or not the child resists or
18    objects.
19        (3) "Lawful custodian" means a person or persons
20    granted legal custody of a child or entitled to physical
21    possession of a child pursuant to a court order. It is
22    presumed that, when the parties have never been married to
23    each other, the mother has legal custody of the child
24    unless a valid court order states otherwise. If an
25    adjudication of paternity has been completed and the father

 

 

HB2976 Engrossed- 474 -LRB097 06385 KTG 46467 b

1    has been assigned support obligations or visitation
2    rights, such a paternity order should, for the purposes of
3    this Section, be considered a valid court order granting
4    custody to the mother.
5        (4) "Putative father" means a man who has a reasonable
6    belief that he is the father of a child born of a woman who
7    is not his wife.
8    (b) A person commits the offense of child abduction when he
9or she does any one of the following:
10        (1) Intentionally violates any terms of a valid court
11    order granting sole or joint custody, care, or possession
12    to another by concealing or detaining the child or removing
13    the child from the jurisdiction of the court.
14        (2) Intentionally violates a court order prohibiting
15    the person from concealing or detaining the child or
16    removing the child from the jurisdiction of the court.
17        (3) Intentionally conceals, detains, or removes the
18    child without the consent of the mother or lawful custodian
19    of the child if the person is a putative father and either:
20    (A) the paternity of the child has not been legally
21    established or (B) the paternity of the child has been
22    legally established but no orders relating to custody have
23    been entered. Notwithstanding the presumption created by
24    paragraph (3) of subsection (a), however, a mother commits
25    child abduction when she intentionally conceals or removes
26    a child, whom she has abandoned or relinquished custody of,

 

 

HB2976 Engrossed- 475 -LRB097 06385 KTG 46467 b

1    from an unadjudicated father who has provided sole ongoing
2    care and custody of the child in her absence.
3        (4) Intentionally conceals or removes the child from a
4    parent after filing a petition or being served with process
5    in an action affecting marriage or paternity but prior to
6    the issuance of a temporary or final order determining
7    custody.
8        (5) At the expiration of visitation rights outside the
9    State, intentionally fails or refuses to return or impedes
10    the return of the child to the lawful custodian in
11    Illinois.
12        (6) Being a parent of the child, and if the parents of
13    that child are or have been married and there has been no
14    court order of custody, knowingly conceals the child for 15
15    days, and fails to make reasonable attempts within the
16    15-day period to notify the other parent as to the specific
17    whereabouts of the child, including a means by which to
18    contact the child, or to arrange reasonable visitation or
19    contact with the child. It is not a violation of this
20    Section for a person fleeing domestic violence to take the
21    child with him or her to housing provided by a domestic
22    violence program.
23        (7) Being a parent of the child, and if the parents of
24    the child are or have been married and there has been no
25    court order of custody, knowingly conceals, detains, or
26    removes the child with physical force or threat of physical

 

 

HB2976 Engrossed- 476 -LRB097 06385 KTG 46467 b

1    force.
2        (8) Knowingly conceals, detains, or removes the child
3    for payment or promise of payment at the instruction of a
4    person who has no legal right to custody.
5        (9) Knowingly retains in this State for 30 days a child
6    removed from another state without the consent of the
7    lawful custodian or in violation of a valid court order of
8    custody.
9        (10) Intentionally lures or attempts to lure a child
10    under the age of 16 into a motor vehicle, building,
11    housetrailer, or dwelling place without the consent of the
12    child's parent or lawful custodian for other than a lawful
13    purpose. For the purposes of this item (10), the luring or
14    attempted luring of a child under the age of 16 into a
15    motor vehicle, building, housetrailer, or dwelling place
16    without the consent of the child's parent or lawful
17    custodian is prima facie evidence of other than a lawful
18    purpose.
19        (11) With the intent to obstruct or prevent efforts to
20    locate the child victim of a child abduction, knowingly
21    destroys, alters, conceals, or disguises physical evidence
22    or furnishes false information.
23    (c) It is an affirmative defense to subsections (b)(1)
24through (b)(10) of this Section that:
25        (1) the person had custody of the child pursuant to a
26    court order granting legal custody or visitation rights

 

 

HB2976 Engrossed- 477 -LRB097 06385 KTG 46467 b

1    that existed at the time of the alleged violation;
2        (2) the person had physical custody of the child
3    pursuant to a court order granting legal custody or
4    visitation rights and failed to return the child as a
5    result of circumstances beyond his or her control, and the
6    person notified and disclosed to the other parent or legal
7    custodian the specific whereabouts of the child and a means
8    by which the child could be contacted or made a reasonable
9    attempt to notify the other parent or lawful custodian of
10    the child of those circumstances and made the disclosure
11    within 24 hours after the visitation period had expired and
12    returned the child as soon as possible;
13        (3) the person was fleeing an incidence or pattern of
14    domestic violence; or
15        (4) the person lured or attempted to lure a child under
16    the age of 16 into a motor vehicle, building, housetrailer,
17    or dwelling place for a lawful purpose in prosecutions
18    under paragraph (10) of subsection (b).
19    (d) A person convicted of child abduction under this
20Section is guilty of a Class 4 felony. A person convicted of a
21second or subsequent violation of paragraph (10) of subsection
22(b) of this Section is guilty of a Class 3 felony. It is a
23factor in aggravation under subsections (b)(1) through (b)(10)
24of this Section for which a court may impose a more severe
25sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5
26of Chapter V of the Unified Code of Corrections if, upon

 

 

HB2976 Engrossed- 478 -LRB097 06385 KTG 46467 b

1sentencing, the court finds evidence of any of the following
2aggravating factors:
3        (1) that the defendant abused or neglected the child
4    following the concealment, detention, or removal of the
5    child;
6        (2) that the defendant inflicted or threatened to
7    inflict physical harm on a parent or lawful custodian of
8    the child or on the child with intent to cause that parent
9    or lawful custodian to discontinue criminal prosecution of
10    the defendant under this Section;
11        (3) that the defendant demanded payment in exchange for
12    return of the child or demanded that he or she be relieved
13    of the financial or legal obligation to support the child
14    in exchange for return of the child;
15        (4) that the defendant has previously been convicted of
16    child abduction;
17        (5) that the defendant committed the abduction while
18    armed with a deadly weapon or the taking of the child
19    resulted in serious bodily injury to another; or
20        (6) that the defendant committed the abduction while in
21    a school, regardless of the time of day or time of year; in
22    a playground; on any conveyance owned, leased, or
23    contracted by a school to transport students to or from
24    school or a school related activity; on the real property
25    of a school; or on a public way within 1,000 feet of the
26    real property comprising any school or playground. For

 

 

HB2976 Engrossed- 479 -LRB097 06385 KTG 46467 b

1    purposes of this paragraph (6), "playground" means a piece
2    of land owned or controlled by a unit of local government
3    that is designated by the unit of local government for use
4    solely or primarily for children's recreation; and
5    "school" means a public or private elementary or secondary
6    school, community college, college, or university.
7    (e) The court may order the child to be returned to the
8parent or lawful custodian from whom the child was concealed,
9detained, or removed. In addition to any sentence imposed, the
10court may assess any reasonable expense incurred in searching
11for or returning the child against any person convicted of
12violating this Section.
13    (f) Nothing contained in this Section shall be construed to
14limit the court's contempt power.
15    (g) Every law enforcement officer investigating an alleged
16incident of child abduction shall make a written police report
17of any bona fide allegation and the disposition of that
18investigation. Every police report completed pursuant to this
19Section shall be compiled and recorded within the meaning of
20Section 5.1 of the Criminal Identification Act.
21    (h) Whenever a law enforcement officer has reasons to
22believe a child abduction has occurred, she or he shall provide
23the lawful custodian a summary of her or his rights under this
24Code, including the procedures and relief available to her or
25him.
26    (i) If during the course of an investigation under this

 

 

HB2976 Engrossed- 480 -LRB097 06385 KTG 46467 b

1Section the child is found in the physical custody of the
2defendant or another, the law enforcement officer shall return
3the child to the parent or lawful custodian from whom the child
4was concealed, detained, or removed, unless there is good cause
5for the law enforcement officer or the Department of Children
6and Family Services to retain temporary protective custody of
7the child pursuant to the Abused and Neglected Child Reporting
8Act.
9(Source: P.A. 95-1052, eff. 7-1-09; 96-710, eff. 1-1-10; ;
1096-1000, eff. 7-2-10.)
 
11    (720 ILCS 5/11-14.1)
12    Sec. 11-14.1. Solicitation of a sexual act.
13    (a) Any person who offers a person not his or her spouse
14any money, property, token, object, or article or anything of
15value for that person or any other person not his or her spouse
16to perform any act of sexual penetration as defined in Section
1712-12 of this Code, or any touching or fondling of the sex
18organs of one person by another person for the purpose of
19sexual arousal or gratification, commits the offense of
20solicitation of a sexual act.
21    (b) Sentence. Solicitation of a sexual act is a Class A
22misdemeanor. Solicitation of a sexual act from a person who is
23under the age of 18 or who is severely or profoundly
24intellectually disabled mentally retarded is a Class 4 felony.
25    (b-5) It is an affirmative defense to a charge of

 

 

HB2976 Engrossed- 481 -LRB097 06385 KTG 46467 b

1solicitation of a sexual act with a person who is under the age
2of 18 or who is severely or profoundly intellectually disabled
3mentally retarded that the accused reasonably believed the
4person was of the age of 18 years or over or was not a severely
5or profoundly intellectually disabled mentally retarded person
6at the time of the act giving rise to the charge.
7(Source: P.A. 96-1464, eff. 8-20-10.)
 
8    (720 ILCS 5/11-15.1)  (from Ch. 38, par. 11-15.1)
9    Sec. 11-15.1. Soliciting for a minor engaged in
10prostitution.
11    (a) Any person who violates any of the provisions of
12Section 11-15(a) of this Act commits soliciting for a minor
13engaged in prostitution where the person for whom such person
14is soliciting is under 18 years of age or is a severely or
15profoundly intellectually disabled mentally retarded person.
16    (b) It is an affirmative defense to a charge of soliciting
17for a minor engaged in prostitution that the accused reasonably
18believed the person was of the age of 18 years or over or was
19not a severely or profoundly intellectually disabled mentally
20retarded person at the time of the act giving rise to the
21charge.
22    (c) Sentence.
23    Soliciting for a minor engaged in prostitution is a Class 1
24felony. A person convicted of a second or subsequent violation
25of this Section, or of any combination of such number of

 

 

HB2976 Engrossed- 482 -LRB097 06385 KTG 46467 b

1convictions under this Section and Sections 11-14, 11-14.1,
211-15, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
3or 11-19.2 of this Code, is guilty of a Class X felony. The
4fact of such prior conviction is not an element of the offense
5and may not be disclosed to the jury during trial unless
6otherwise permitted by issues properly raised during the trial.
7    (c-5) A person who violates this Section within 1,000 feet
8of real property comprising a school commits a Class X felony.
9(Source: P.A. 95-95, eff. 1-1-08; 96-1464, eff. 8-20-10.)
 
10    (720 ILCS 5/11-17.1)  (from Ch. 38, par. 11-17.1)
11    Sec. 11-17.1. Keeping a Place of Juvenile Prostitution.
12    (a) Any person who knowingly violates any of the provisions
13of Section 11-17 of this Act commits keeping a place of
14juvenile prostitution when any person engaged in prostitution
15in the place of prostitution is under 18 years of age or is a
16severely or profoundly intellectually disabled mentally
17retarded person.
18    (b) If the accused did not have a reasonable opportunity to
19observe the person, it is an affirmative defense to a charge of
20keeping a place of juvenile prostitution that the accused
21reasonably believed the person was of the age of 18 years or
22over or was not a severely or profoundly intellectually
23disabled mentally retarded person at the time of the act giving
24rise to the charge.
25    (c) Sentence. Keeping a place of juvenile prostitution is a

 

 

HB2976 Engrossed- 483 -LRB097 06385 KTG 46467 b

1Class 1 felony. A person convicted of a second or subsequent
2violation of this Section, or of any combination of such number
3of convictions under this Section and Sections 11-14, 11-14.1,
411-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1,
5or 11-19.2 of this Code, is guilty of a Class X felony.
6    (d) Forfeiture. Any person convicted under this Section is
7subject to the property forfeiture provisions set forth in
8Article 124B of the Code of Criminal Procedure of 1963.
9(Source: P.A. 95-95, eff. 1-1-08; 96-712, eff. 1-1-10; 96-1464,
10eff. 8-20-10.)
 
11    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
12    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
13    (a) Any person who engages in an act of sexual penetration
14as defined in Section 12-12 of this Code with a person engaged
15in prostitution who is under 18 years of age or is a severely
16or profoundly intellectually disabled mentally retarded person
17commits the offense of patronizing a minor engaged in
18prostitution.
19    (b) It is an affirmative defense to the charge of
20patronizing a minor engaged in prostitution that the accused
21reasonably believed that the person was of the age of 18 years
22or over or was not a severely or profoundly intellectually
23disabled mentally retarded person at the time of the act giving
24rise to the charge.
25    (c) Sentence. A person who commits patronizing a juvenile

 

 

HB2976 Engrossed- 484 -LRB097 06385 KTG 46467 b

1prostitute is guilty of a Class 3 felony. A person convicted of
2a second or subsequent violation of this Section, or of any
3combination of such number of convictions under this Section
4and Sections 11-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17,
511-17.1, 11-18, 11-19, 11-19.1, or 11-19.2 of this Code, is
6guilty of a Class 2 felony. The fact of such conviction is not
7an element of the offense and may not be disclosed to the jury
8during trial unless otherwise permitted by issues properly
9raised during such trial. A person who violates this Section
10within 1,000 feet of real property comprising a school commits
11a Class 2 felony.
12(Source: P.A. 96-1464, eff. 8-20-10.)
 
13    (720 ILCS 5/11-19.1)  (from Ch. 38, par. 11-19.1)
14    Sec. 11-19.1. Juvenile Pimping and aggravated juvenile
15pimping.
16    (a) A person commits the offense of juvenile pimping if the
17person knowingly receives any form of consideration derived
18from the practice of prostitution, in whole or in part, and
19        (1) the prostituted person was under the age of 18 at
20    the time the act of prostitution occurred; or
21        (2) the prostitute was a severely or profoundly
22    intellectually disabled mentally retarded person at the
23    time the act of prostitution occurred.
24    (b) A person commits the offense of aggravated juvenile
25pimping if the person knowingly receives any form of

 

 

HB2976 Engrossed- 485 -LRB097 06385 KTG 46467 b

1consideration derived from the practice of prostitution, in
2whole or in part, and the prostituted person was under the age
3of 13 at the time the act of prostitution occurred.
4    (c) If the accused did not have a reasonable opportunity to
5observe the prostituted person, it is an affirmative defense to
6a charge of juvenile pimping that the accused reasonably
7believed the person was of the age of 18 years or over or was
8not a severely or profoundly intellectually disabled mentally
9retarded person at the time of the act giving rise to the
10charge.
11    (d) Sentence.
12    A person who commits a violation of subsection (a) is
13guilty of a Class 1 felony. A person convicted of a second or
14subsequent violation of this Section, or of any combination of
15such number of convictions under this Section and Sections
1611-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
1711-18.1, 11-19, or 11-19.2 of this Code, is guilty of a Class X
18felony. A person who commits a violation of subsection (b) is
19guilty of a Class X felony.
20    (e) For the purposes of this Section, "prostituted person"
21means any person who engages in, or agrees or offers to engage
22in, any act of sexual penetration as defined in Section 12-12
23of this Code for any money, property, token, object, or article
24or anything of value, or any touching or fondling of the sex
25organs of one person by another person, for any money,
26property, token, object, or article or anything of value, for

 

 

HB2976 Engrossed- 486 -LRB097 06385 KTG 46467 b

1the purpose of sexual arousal or gratification.
2(Source: P.A. 95-95, eff. 1-1-08; 96-1464, eff. 8-20-10.)
 
3    (720 ILCS 5/11-19.2)  (from Ch. 38, par. 11-19.2)
4    Sec. 11-19.2. Exploitation of a child.
5    (A) A person commits exploitation of a child when he or she
6confines a child under the age of 18 or a severely or
7profoundly intellectually disabled mentally retarded person
8against his or her will by the infliction or threat of imminent
9infliction of great bodily harm, permanent disability or
10disfigurement or by administering to the child or severely or
11profoundly intellectually disabled mentally retarded person
12without his or her consent or by threat or deception and for
13other than medical purposes, any alcoholic intoxicant or a drug
14as defined in the Illinois Controlled Substances Act or the
15Cannabis Control Act or methamphetamine as defined in the
16Methamphetamine Control and Community Protection Act and:
17        (1) compels the child or severely or profoundly
18    intellectually disabled mentally retarded person to engage
19    in prostitution; or
20        (2) arranges a situation in which the child or severely
21    or profoundly intellectually disabled mentally retarded
22    person may practice prostitution; or
23        (3) receives any money, property, token, object, or
24    article or anything of value from the child or severely or
25    profoundly intellectually disabled mentally retarded

 

 

HB2976 Engrossed- 487 -LRB097 06385 KTG 46467 b

1    person knowing it was obtained in whole or in part from the
2    practice of prostitution.
3    (B) For purposes of this Section, administering drugs, as
4defined in subsection (A), or an alcoholic intoxicant to a
5child under the age of 13 or a severely or profoundly
6intellectually disabled mentally retarded person shall be
7deemed to be without consent if such administering is done
8without the consent of the parents or legal guardian or if such
9administering is performed by the parents or legal guardians
10for other than medical purposes.
11    (C) Exploitation of a child is a Class X felony, for which
12the person shall be sentenced to a term of imprisonment of not
13less than 6 years and not more than 60 years.
14    (D) Any person convicted under this Section is subject to
15the property forfeiture provisions set forth in Article 124B of
16the Code of Criminal Procedure of 1963.
17(Source: P.A. 95-640, eff. 6-1-08; 96-712, eff. 1-1-10;
1896-1464, eff. 8-20-10.)
 
19    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
20    Sec. 11-20.1. Child pornography.
21    (a) A person commits the offense of child pornography who:
22        (1) films, videotapes, photographs, or otherwise
23    depicts or portrays by means of any similar visual medium
24    or reproduction or depicts by computer any child whom he
25    knows or reasonably should know to be under the age of 18

 

 

HB2976 Engrossed- 488 -LRB097 06385 KTG 46467 b

1    or any severely or profoundly intellectually disabled
2    mentally retarded person where such child or severely or
3    profoundly intellectually disabled mentally retarded
4    person is:
5            (i) actually or by simulation engaged in any act of
6        sexual penetration or sexual conduct with any person or
7        animal; or
8            (ii) actually or by simulation engaged in any act
9        of sexual penetration or sexual conduct involving the
10        sex organs of the child or severely or profoundly
11        intellectually disabled mentally retarded person and
12        the mouth, anus, or sex organs of another person or
13        animal; or which involves the mouth, anus or sex organs
14        of the child or severely or profoundly intellectually
15        disabled mentally retarded person and the sex organs of
16        another person or animal; or
17            (iii) actually or by simulation engaged in any act
18        of masturbation; or
19            (iv) actually or by simulation portrayed as being
20        the object of, or otherwise engaged in, any act of lewd
21        fondling, touching, or caressing involving another
22        person or animal; or
23            (v) actually or by simulation engaged in any act of
24        excretion or urination within a sexual context; or
25            (vi) actually or by simulation portrayed or
26        depicted as bound, fettered, or subject to sadistic,

 

 

HB2976 Engrossed- 489 -LRB097 06385 KTG 46467 b

1        masochistic, or sadomasochistic abuse in any sexual
2        context; or
3            (vii) depicted or portrayed in any pose, posture or
4        setting involving a lewd exhibition of the unclothed or
5        transparently clothed genitals, pubic area, buttocks,
6        or, if such person is female, a fully or partially
7        developed breast of the child or other person; or
8        (2) with the knowledge of the nature or content
9    thereof, reproduces, disseminates, offers to disseminate,
10    exhibits or possesses with intent to disseminate any film,
11    videotape, photograph or other similar visual reproduction
12    or depiction by computer of any child or severely or
13    profoundly intellectually disabled mentally retarded
14    person whom the person knows or reasonably should know to
15    be under the age of 18 or to be a severely or profoundly
16    intellectually disabled mentally retarded person, engaged
17    in any activity described in subparagraphs (i) through
18    (vii) of paragraph (1) of this subsection; or
19        (3) with knowledge of the subject matter or theme
20    thereof, produces any stage play, live performance, film,
21    videotape or other similar visual portrayal or depiction by
22    computer which includes a child whom the person knows or
23    reasonably should know to be under the age of 18 or a
24    severely or profoundly intellectually disabled mentally
25    retarded person engaged in any activity described in
26    subparagraphs (i) through (vii) of paragraph (1) of this

 

 

HB2976 Engrossed- 490 -LRB097 06385 KTG 46467 b

1    subsection; or
2        (4) solicits, uses, persuades, induces, entices, or
3    coerces any child whom he knows or reasonably should know
4    to be under the age of 18 or a severely or profoundly
5    intellectually disabled mentally retarded person to appear
6    in any stage play, live presentation, film, videotape,
7    photograph or other similar visual reproduction or
8    depiction by computer in which the child or severely or
9    profoundly intellectually disabled mentally retarded
10    person is or will be depicted, actually or by simulation,
11    in any act, pose or setting described in subparagraphs (i)
12    through (vii) of paragraph (1) of this subsection; or
13        (5) is a parent, step-parent, legal guardian or other
14    person having care or custody of a child whom the person
15    knows or reasonably should know to be under the age of 18
16    or a severely or profoundly intellectually disabled
17    mentally retarded person and who knowingly permits,
18    induces, promotes, or arranges for such child or severely
19    or profoundly intellectually disabled mentally retarded
20    person to appear in any stage play, live performance, film,
21    videotape, photograph or other similar visual
22    presentation, portrayal or simulation or depiction by
23    computer of any act or activity described in subparagraphs
24    (i) through (vii) of paragraph (1) of this subsection; or
25        (6) with knowledge of the nature or content thereof,
26    possesses any film, videotape, photograph or other similar

 

 

HB2976 Engrossed- 491 -LRB097 06385 KTG 46467 b

1    visual reproduction or depiction by computer of any child
2    or severely or profoundly intellectually disabled mentally
3    retarded person whom the person knows or reasonably should
4    know to be under the age of 18 or to be a severely or
5    profoundly intellectually disabled mentally retarded
6    person, engaged in any activity described in subparagraphs
7    (i) through (vii) of paragraph (1) of this subsection; or
8        (7) solicits, uses, persuades, induces, entices, or
9    coerces a person to provide a child under the age of 18 or
10    a severely or profoundly intellectually disabled mentally
11    retarded person to appear in any videotape, photograph,
12    film, stage play, live presentation, or other similar
13    visual reproduction or depiction by computer in which the
14    child or severely or profoundly intellectually disabled
15    mentally retarded person will be depicted, actually or by
16    simulation, in any act, pose, or setting described in
17    subparagraphs (i) through (vii) of paragraph (1) of this
18    subsection.
19    (b) (1) It shall be an affirmative defense to a charge of
20    child pornography that the defendant reasonably believed,
21    under all of the circumstances, that the child was 18 years
22    of age or older or that the person was not a severely or
23    profoundly intellectually disabled mentally retarded
24    person but only where, prior to the act or acts giving rise
25    to a prosecution under this Section, he took some
26    affirmative action or made a bonafide inquiry designed to

 

 

HB2976 Engrossed- 492 -LRB097 06385 KTG 46467 b

1    ascertain whether the child was 18 years of age or older or
2    that the person was not a severely or profoundly
3    intellectually disabled mentally retarded person and his
4    reliance upon the information so obtained was clearly
5    reasonable.
6        (2) (Blank).
7        (3) The charge of child pornography shall not apply to
8    the performance of official duties by law enforcement or
9    prosecuting officers or persons employed by law
10    enforcement or prosecuting agencies, court personnel or
11    attorneys, nor to bonafide treatment or professional
12    education programs conducted by licensed physicians,
13    psychologists or social workers.
14        (4) Possession by the defendant of more than one of the
15    same film, videotape or visual reproduction or depiction by
16    computer in which child pornography is depicted shall raise
17    a rebuttable presumption that the defendant possessed such
18    materials with the intent to disseminate them.
19        (5) The charge of child pornography does not apply to a
20    person who does not voluntarily possess a film, videotape,
21    or visual reproduction or depiction by computer in which
22    child pornography is depicted. Possession is voluntary if
23    the defendant knowingly procures or receives a film,
24    videotape, or visual reproduction or depiction for a
25    sufficient time to be able to terminate his or her
26    possession.

 

 

HB2976 Engrossed- 493 -LRB097 06385 KTG 46467 b

1        (6) Any violation of paragraph (1), (2), (3), (4), (5),
2    or (7) of subsection (a) that includes a child engaged in,
3    solicited for, depicted in, or posed in any act of sexual
4    penetration or bound, fettered, or subject to sadistic,
5    masochistic, or sadomasochistic abuse in a sexual context
6    shall be deemed a crime of violence.
7    (c) Violation of paragraph (1), (4), (5), or (7) of
8subsection (a) is a Class 1 felony with a mandatory minimum
9fine of $2,000 and a maximum fine of $100,000. Violation of
10paragraph (3) of subsection (a) is a Class 1 felony with a
11mandatory minimum fine of $1500 and a maximum fine of $100,000.
12Violation of paragraph (2) of subsection (a) is a Class 1
13felony with a mandatory minimum fine of $1000 and a maximum
14fine of $100,000. Violation of paragraph (6) of subsection (a)
15is a Class 3 felony with a mandatory minimum fine of $1000 and
16a maximum fine of $100,000.
17    (d) If a person is convicted of a second or subsequent
18violation of this Section within 10 years of a prior
19conviction, the court shall order a presentence psychiatric
20examination of the person. The examiner shall report to the
21court whether treatment of the person is necessary.
22    (e) Any film, videotape, photograph or other similar visual
23reproduction or depiction by computer which includes a child
24under the age of 18 or a severely or profoundly intellectually
25disabled mentally retarded person engaged in any activity
26described in subparagraphs (i) through (vii) or paragraph 1 of

 

 

HB2976 Engrossed- 494 -LRB097 06385 KTG 46467 b

1subsection (a), and any material or equipment used or intended
2for use in photographing, filming, printing, producing,
3reproducing, manufacturing, projecting, exhibiting, depiction
4by computer, or disseminating such material shall be seized and
5forfeited in the manner, method and procedure provided by
6Section 36-1 of this Code for the seizure and forfeiture of
7vessels, vehicles and aircraft.
8    In addition, any person convicted under this Section is
9subject to the property forfeiture provisions set forth in
10Article 124B of the Code of Criminal Procedure of 1963.
11    (e-5) Upon the conclusion of a case brought under this
12Section, the court shall seal all evidence depicting a victim
13or witness that is sexually explicit. The evidence may be
14unsealed and viewed, on a motion of the party seeking to unseal
15and view the evidence, only for good cause shown and in the
16discretion of the court. The motion must expressly set forth
17the purpose for viewing the material. The State's attorney and
18the victim, if possible, shall be provided reasonable notice of
19the hearing on the motion to unseal the evidence. Any person
20entitled to notice of a hearing under this subsection (e-5) may
21object to the motion.
22    (f) Definitions. For the purposes of this Section:
23        (1) "Disseminate" means (i) to sell, distribute,
24    exchange or transfer possession, whether with or without
25    consideration or (ii) to make a depiction by computer
26    available for distribution or downloading through the

 

 

HB2976 Engrossed- 495 -LRB097 06385 KTG 46467 b

1    facilities of any telecommunications network or through
2    any other means of transferring computer programs or data
3    to a computer.
4        (2) "Produce" means to direct, promote, advertise,
5    publish, manufacture, issue, present or show.
6        (3) "Reproduce" means to make a duplication or copy.
7        (4) "Depict by computer" means to generate or create,
8    or cause to be created or generated, a computer program or
9    data that, after being processed by a computer either alone
10    or in conjunction with one or more computer programs,
11    results in a visual depiction on a computer monitor,
12    screen, or display.
13        (5) "Depiction by computer" means a computer program or
14    data that, after being processed by a computer either alone
15    or in conjunction with one or more computer programs,
16    results in a visual depiction on a computer monitor,
17    screen, or display.
18        (6) "Computer", "computer program", and "data" have
19    the meanings ascribed to them in Section 16D-2 of this
20    Code.
21        (7) "Child" includes a film, videotape, photograph, or
22    other similar visual medium or reproduction or depiction by
23    computer that is, or appears to be, that of a person,
24    either in part, or in total, under the age of 18,
25    regardless of the method by which the film, videotape,
26    photograph, or other similar visual medium or reproduction

 

 

HB2976 Engrossed- 496 -LRB097 06385 KTG 46467 b

1    or depiction by computer is created, adopted, or modified
2    to appear as such. "Child" also includes a film, videotape,
3    photograph, or other similar visual medium or reproduction
4    or depiction by computer that is advertised, promoted,
5    presented, described, or distributed in such a manner that
6    conveys the impression that the film, videotape,
7    photograph, or other similar visual medium or reproduction
8    or depiction by computer is of a person under the age of
9    18.
10        (8) "Sexual penetration" and "sexual conduct" have the
11    meanings ascribed to them in Section 12-12 of this Code.
12    (g) Re-enactment; findings; purposes.
13        (1) The General Assembly finds and declares that:
14            (i) Section 50-5 of Public Act 88-680, effective
15        January 1, 1995, contained provisions amending the
16        child pornography statute, Section 11-20.1 of the
17        Criminal Code of 1961. Section 50-5 also contained
18        other provisions.
19            (ii) In addition, Public Act 88-680 was entitled
20        "AN ACT to create a Safe Neighborhoods Law". (A)
21        Article 5 was entitled JUVENILE JUSTICE and amended the
22        Juvenile Court Act of 1987. (B) Article 15 was entitled
23        GANGS and amended various provisions of the Criminal
24        Code of 1961 and the Unified Code of Corrections. (C)
25        Article 20 was entitled ALCOHOL ABUSE and amended
26        various provisions of the Illinois Vehicle Code. (D)

 

 

HB2976 Engrossed- 497 -LRB097 06385 KTG 46467 b

1        Article 25 was entitled DRUG ABUSE and amended the
2        Cannabis Control Act and the Illinois Controlled
3        Substances Act. (E) Article 30 was entitled FIREARMS
4        and amended the Criminal Code of 1961 and the Code of
5        Criminal Procedure of 1963. (F) Article 35 amended the
6        Criminal Code of 1961, the Rights of Crime Victims and
7        Witnesses Act, and the Unified Code of Corrections. (G)
8        Article 40 amended the Criminal Code of 1961 to
9        increase the penalty for compelling organization
10        membership of persons. (H) Article 45 created the
11        Secure Residential Youth Care Facility Licensing Act
12        and amended the State Finance Act, the Juvenile Court
13        Act of 1987, the Unified Code of Corrections, and the
14        Private Correctional Facility Moratorium Act. (I)
15        Article 50 amended the WIC Vendor Management Act, the
16        Firearm Owners Identification Card Act, the Juvenile
17        Court Act of 1987, the Criminal Code of 1961, the
18        Wrongs to Children Act, and the Unified Code of
19        Corrections.
20            (iii) On September 22, 1998, the Third District
21        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
22        ruled that Public Act 88-680 violates the single
23        subject clause of the Illinois Constitution (Article
24        IV, Section 8 (d)) and was unconstitutional in its
25        entirety. As of the time this amendatory Act of 1999
26        was prepared, People v. Dainty was still subject to

 

 

HB2976 Engrossed- 498 -LRB097 06385 KTG 46467 b

1        appeal.
2            (iv) Child pornography is a vital concern to the
3        people of this State and the validity of future
4        prosecutions under the child pornography statute of
5        the Criminal Code of 1961 is in grave doubt.
6        (2) It is the purpose of this amendatory Act of 1999 to
7    prevent or minimize any problems relating to prosecutions
8    for child pornography that may result from challenges to
9    the constitutional validity of Public Act 88-680 by
10    re-enacting the Section relating to child pornography that
11    was included in Public Act 88-680.
12        (3) This amendatory Act of 1999 re-enacts Section
13    11-20.1 of the Criminal Code of 1961, as it has been
14    amended. This re-enactment is intended to remove any
15    question as to the validity or content of that Section; it
16    is not intended to supersede any other Public Act that
17    amends the text of the Section as set forth in this
18    amendatory Act of 1999. The material is shown as existing
19    text (i.e., without underscoring) because, as of the time
20    this amendatory Act of 1999 was prepared, People v. Dainty
21    was subject to appeal to the Illinois Supreme Court.
22        (4) The re-enactment by this amendatory Act of 1999 of
23    Section 11-20.1 of the Criminal Code of 1961 relating to
24    child pornography that was amended by Public Act 88-680 is
25    not intended, and shall not be construed, to imply that
26    Public Act 88-680 is invalid or to limit or impair any

 

 

HB2976 Engrossed- 499 -LRB097 06385 KTG 46467 b

1    legal argument concerning whether those provisions were
2    substantially re-enacted by other Public Acts.
3(Source: P.A. ; 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
496-1000, eff. 7-2-10.)
 
5    (720 ILCS 5/11-20.3)
6    Sec. 11-20.3. Aggravated child pornography.
7    (a) A person commits the offense of aggravated child
8pornography who:
9        (1) films, videotapes, photographs, or otherwise
10    depicts or portrays by means of any similar visual medium
11    or reproduction or depicts by computer any child whom he or
12    she knows or reasonably should know to be under the age of
13    13 years where such child is:
14            (i) actually or by simulation engaged in any act of
15        sexual penetration or sexual conduct with any person or
16        animal; or
17            (ii) actually or by simulation engaged in any act
18        of sexual penetration or sexual conduct involving the
19        sex organs of the child and the mouth, anus, or sex
20        organs of another person or animal; or which involves
21        the mouth, anus or sex organs of the child and the sex
22        organs of another person or animal; or
23            (iii) actually or by simulation engaged in any act
24        of masturbation; or
25            (iv) actually or by simulation portrayed as being

 

 

HB2976 Engrossed- 500 -LRB097 06385 KTG 46467 b

1        the object of, or otherwise engaged in, any act of lewd
2        fondling, touching, or caressing involving another
3        person or animal; or
4            (v) actually or by simulation engaged in any act of
5        excretion or urination within a sexual context; or
6            (vi) actually or by simulation portrayed or
7        depicted as bound, fettered, or subject to sadistic,
8        masochistic, or sadomasochistic abuse in any sexual
9        context; or
10            (vii) depicted or portrayed in any pose, posture or
11        setting involving a lewd exhibition of the unclothed or
12        transparently clothed genitals, pubic area, buttocks,
13        or, if such person is female, a fully or partially
14        developed breast of the child or other person; or
15        (2) with the knowledge of the nature or content
16    thereof, reproduces, disseminates, offers to disseminate,
17    exhibits or possesses with intent to disseminate any film,
18    videotape, photograph or other similar visual reproduction
19    or depiction by computer of any child whom the person knows
20    or reasonably should know to be under the age of 13 engaged
21    in any activity described in subparagraphs (i) through
22    (vii) of paragraph (1) of this subsection; or
23        (3) with knowledge of the subject matter or theme
24    thereof, produces any stage play, live performance, film,
25    videotape or other similar visual portrayal or depiction by
26    computer which includes a child whom the person knows or

 

 

HB2976 Engrossed- 501 -LRB097 06385 KTG 46467 b

1    reasonably should know to be under the age of 13 engaged in
2    any activity described in subparagraphs (i) through (vii)
3    of paragraph (1) of this subsection; or
4        (4) solicits, uses, persuades, induces, entices, or
5    coerces any child whom he or she knows or reasonably should
6    know to be under the age of 13 to appear in any stage play,
7    live presentation, film, videotape, photograph or other
8    similar visual reproduction or depiction by computer in
9    which the child or severely or profoundly intellectually
10    disabled mentally retarded person is or will be depicted,
11    actually or by simulation, in any act, pose or setting
12    described in subparagraphs (i) through (vii) of paragraph
13    (1) of this subsection; or
14        (5) is a parent, step-parent, legal guardian or other
15    person having care or custody of a child whom the person
16    knows or reasonably should know to be under the age of 13
17    and who knowingly permits, induces, promotes, or arranges
18    for such child to appear in any stage play, live
19    performance, film, videotape, photograph or other similar
20    visual presentation, portrayal or simulation or depiction
21    by computer of any act or activity described in
22    subparagraphs (i) through (vii) of paragraph (1) of this
23    subsection; or
24        (6) with knowledge of the nature or content thereof,
25    possesses any film, videotape, photograph or other similar
26    visual reproduction or depiction by computer of any child

 

 

HB2976 Engrossed- 502 -LRB097 06385 KTG 46467 b

1    whom the person knows or reasonably should know to be under
2    the age of 13 engaged in any activity described in
3    subparagraphs (i) through (vii) of paragraph (1) of this
4    subsection; or
5        (7) solicits, or knowingly uses, persuades, induces,
6    entices, or coerces a person to provide a child under the
7    age of 13 to appear in any videotape, photograph, film,
8    stage play, live presentation, or other similar visual
9    reproduction or depiction by computer in which the child
10    will be depicted, actually or by simulation, in any act,
11    pose, or setting described in subparagraphs (i) through
12    (vii) of paragraph (1) of this subsection.
13    (b)(1) It shall be an affirmative defense to a charge of
14aggravated child pornography that the defendant reasonably
15believed, under all of the circumstances, that the child was 13
16years of age or older, but only where, prior to the act or acts
17giving rise to a prosecution under this Section, he or she took
18some affirmative action or made a bonafide inquiry designed to
19ascertain whether the child was 13 years of age or older and
20his or her reliance upon the information so obtained was
21clearly reasonable.
22    (2) The charge of aggravated child pornography shall not
23apply to the performance of official duties by law enforcement
24or prosecuting officers or persons employed by law enforcement
25or prosecuting agencies, court personnel or attorneys, nor to
26bonafide treatment or professional education programs

 

 

HB2976 Engrossed- 503 -LRB097 06385 KTG 46467 b

1conducted by licensed physicians, psychologists or social
2workers.
3    (3) If the defendant possessed more than 3 of the same
4film, videotape or visual reproduction or depiction by computer
5in which aggravated child pornography is depicted, then the
6trier of fact may infer that the defendant possessed such
7materials with the intent to disseminate them.
8    (4) The charge of aggravated child pornography does not
9apply to a person who does not voluntarily possess a film,
10videotape, or visual reproduction or depiction by computer in
11which aggravated child pornography is depicted. Possession is
12voluntary if the defendant knowingly procures or receives a
13film, videotape, or visual reproduction or depiction for a
14sufficient time to be able to terminate his or her possession.
15    (5) Any violation of paragraph (1), (2), (3), (4), (5), or
16(7) of subsection (a) that includes a child engaged in,
17solicited for, depicted in, or posed in any act of sexual
18penetration or bound, fettered, or subject to sadistic,
19masochistic, or sadomasochistic abuse in a sexual context shall
20be deemed a crime of violence.
21    (c) Sentence: (1) A person who commits a violation of
22paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
23guilty of a Class X felony with a mandatory minimum fine of
24$2,000 and a maximum fine of $100,000.
25    (2) A person who commits a violation of paragraph (6) of
26subsection (a) is guilty of a Class 2 felony with a mandatory

 

 

HB2976 Engrossed- 504 -LRB097 06385 KTG 46467 b

1minimum fine of $1000 and a maximum fine of $100,000.
2    (3) A person who commits a violation of paragraph (1), (2),
3(3), (4), (5), or (7) of subsection (a) where the defendant has
4previously been convicted under the laws of this State or any
5other state of the offense of child pornography, aggravated
6child pornography, aggravated criminal sexual abuse,
7aggravated criminal sexual assault, predatory criminal sexual
8assault of a child, or any of the offenses formerly known as
9rape, deviate sexual assault, indecent liberties with a child,
10or aggravated indecent liberties with a child where the victim
11was under the age of 18 years or an offense that is
12substantially equivalent to those offenses, is guilty of a
13Class X felony for which the person shall be sentenced to a
14term of imprisonment of not less than 9 years with a mandatory
15minimum fine of $2,000 and a maximum fine of $100,000.
16    (4) A person who commits a violation of paragraph (6) of
17subsection (a) where the defendant has previously been
18convicted under the laws of this State or any other state of
19the offense of child pornography, aggravated child
20pornography, aggravated criminal sexual abuse, aggravated
21criminal sexual assault, predatory criminal sexual assault of a
22child, or any of the offenses formerly known as rape, deviate
23sexual assault, indecent liberties with a child, or aggravated
24indecent liberties with a child where the victim was under the
25age of 18 years or an offense that is substantially equivalent
26to those offenses, is guilty of a Class 1 felony with a

 

 

HB2976 Engrossed- 505 -LRB097 06385 KTG 46467 b

1mandatory minimum fine of $1000 and a maximum fine of $100,000.
2    (d) If a person is convicted of a second or subsequent
3violation of this Section within 10 years of a prior
4conviction, the court shall order a presentence psychiatric
5examination of the person. The examiner shall report to the
6court whether treatment of the person is necessary.
7    (e) Any film, videotape, photograph or other similar visual
8reproduction or depiction by computer which includes a child
9under the age of 13 engaged in any activity described in
10subparagraphs (i) through (vii) of paragraph (1) of subsection
11(a), and any material or equipment used or intended for use in
12photographing, filming, printing, producing, reproducing,
13manufacturing, projecting, exhibiting, depiction by computer,
14or disseminating such material shall be seized and forfeited in
15the manner, method and procedure provided by Section 36-1 of
16this Code for the seizure and forfeiture of vessels, vehicles
17and aircraft.
18    In addition, any person convicted under this Section is
19subject to the property forfeiture provisions set forth in
20Article 124B of the Code of Criminal Procedure of 1963.
21    (e-5) Upon the conclusion of a case brought under this
22Section, the court shall seal all evidence depicting a victim
23or witness that is sexually explicit. The evidence may be
24unsealed and viewed, on a motion of the party seeking to unseal
25and view the evidence, only for good cause shown and in the
26discretion of the court. The motion must expressly set forth

 

 

HB2976 Engrossed- 506 -LRB097 06385 KTG 46467 b

1the purpose for viewing the material. The State's attorney and
2the victim, if possible, shall be provided reasonable notice of
3the hearing on the motion to unseal the evidence. Any person
4entitled to notice of a hearing under this subsection (e-5) may
5object to the motion.
6    (f) Definitions. For the purposes of this Section:
7        (1) "Disseminate" means (i) to sell, distribute,
8    exchange or transfer possession, whether with or without
9    consideration or (ii) to make a depiction by computer
10    available for distribution or downloading through the
11    facilities of any telecommunications network or through
12    any other means of transferring computer programs or data
13    to a computer.
14        (2) "Produce" means to direct, promote, advertise,
15    publish, manufacture, issue, present or show.
16        (3) "Reproduce" means to make a duplication or copy.
17        (4) "Depict by computer" means to generate or create,
18    or cause to be created or generated, a computer program or
19    data that, after being processed by a computer either alone
20    or in conjunction with one or more computer programs,
21    results in a visual depiction on a computer monitor,
22    screen, or display.
23        (5) "Depiction by computer" means a computer program or
24    data that, after being processed by a computer either alone
25    or in conjunction with one or more computer programs,
26    results in a visual depiction on a computer monitor,

 

 

HB2976 Engrossed- 507 -LRB097 06385 KTG 46467 b

1    screen, or display.
2        (6) "Computer", "computer program", and "data" have
3    the meanings ascribed to them in Section 16D-2 of this
4    Code.
5        (7) For the purposes of this Section, "child" means a
6    person, either in part or in total, under the age of 13,
7    regardless of the method by which the film, videotape,
8    photograph, or other similar visual medium or reproduction
9    or depiction by computer is created, adopted, or modified
10    to appear as such.
11        (8) "Sexual penetration" and "sexual conduct" have the
12    meanings ascribed to them in Section 12-12 of this Code.
13    (g) When a charge of aggravated child pornography is
14brought, the age of the child is an element of the offense to
15be resolved by the trier of fact as either exceeding or not
16exceeding the age in question. The trier of fact can rely on
17its own everyday observations and common experiences in making
18this determination.
19(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712,
20eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
21    (720 ILCS 5/12-4.3)  (from Ch. 38, par. 12-4.3)
22    Sec. 12-4.3. Aggravated battery of a child.
23    (a) Any person of the age 18 years and upwards who
24intentionally or knowingly, and without legal justification
25and by any means, causes great bodily harm or permanent

 

 

HB2976 Engrossed- 508 -LRB097 06385 KTG 46467 b

1disability or disfigurement to any child under the age of 13
2years or to any severely or profoundly intellectually disabled
3mentally retarded person, commits the offense of aggravated
4battery of a child.
5    (a-5) Any person of the age 18 years and upwards who
6intentionally or knowingly, and without legal justification
7and by any means, causes bodily harm or disability or
8disfigurement to any child under the age of 13 years or to any
9severely or profoundly intellectually disabled mentally
10retarded person, commits the offense of aggravated battery of a
11child.
12    (b) Sentence.
13    (1) Aggravated battery of a child under subsection (a) of
14this Section is a Class X felony, except that:
15        (A) if the person committed the offense while armed
16    with a firearm, 15 years shall be added to the term of
17    imprisonment imposed by the court;
18        (B) if, during the commission of the offense, the
19    person personally discharged a firearm, 20 years shall be
20    added to the term of imprisonment imposed by the court;
21        (C) if, during the commission of the offense, the
22    person personally discharged a firearm that proximately
23    caused great bodily harm, permanent disability, permanent
24    disfigurement, or death to another person, 25 years or up
25    to a term of natural life shall be added to the term of
26    imprisonment imposed by the court.

 

 

HB2976 Engrossed- 509 -LRB097 06385 KTG 46467 b

1    (2) Aggravated battery of a child under subsection (a-5) of
2this Section is a Class 3 felony.
3(Source: P.A. 95-768, eff. 1-1-09.)
 
4    (720 ILCS 5/12-14)  (from Ch. 38, par. 12-14)
5    Sec. 12-14. Aggravated Criminal Sexual Assault.
6    (a) The accused commits aggravated criminal sexual assault
7if he or she commits criminal sexual assault and any of the
8following aggravating circumstances existed during, or for the
9purposes of paragraph (7) of this subsection (a) as part of the
10same course of conduct as, the commission of the offense:
11        (1) the accused displayed, threatened to use, or used a
12    dangerous weapon, other than a firearm, or any object
13    fashioned or utilized in such a manner as to lead the
14    victim under the circumstances reasonably to believe it to
15    be a dangerous weapon; or
16        (2) the accused caused bodily harm, except as provided
17    in subsection (a)(10), to the victim; or
18        (3) the accused acted in such a manner as to threaten
19    or endanger the life of the victim or any other person; or
20        (4) the criminal sexual assault was perpetrated during
21    the course of the commission or attempted commission of any
22    other felony by the accused; or
23        (5) the victim was 60 years of age or over when the
24    offense was committed; or
25        (6) the victim was a physically handicapped person; or

 

 

HB2976 Engrossed- 510 -LRB097 06385 KTG 46467 b

1        (7) the accused delivered (by injection, inhalation,
2    ingestion, transfer of possession, or any other means) to
3    the victim without his or her consent, or by threat or
4    deception, and for other than medical purposes, any
5    controlled substance; or
6        (8) the accused was armed with a firearm; or
7        (9) the accused personally discharged a firearm during
8    the commission of the offense; or
9        (10) the accused, during the commission of the offense,
10    personally discharged a firearm that proximately caused
11    great bodily harm, permanent disability, permanent
12    disfigurement, or death to another person.
13    (b) The accused commits aggravated criminal sexual assault
14if the accused was under 17 years of age and (i) commits an act
15of sexual penetration with a victim who was under 9 years of
16age when the act was committed; or (ii) commits an act of
17sexual penetration with a victim who was at least 9 years of
18age but under 13 years of age when the act was committed and
19the accused used force or threat of force to commit the act.
20    (c) The accused commits aggravated criminal sexual assault
21if he or she commits an act of sexual penetration with a victim
22who was a severely or profoundly intellectually disabled
23mentally retarded person at the time the act was committed.
24    (d) Sentence.
25        (1) Aggravated criminal sexual assault in violation of
26    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)

 

 

HB2976 Engrossed- 511 -LRB097 06385 KTG 46467 b

1    or in violation of subsection (b) or (c) is a Class X
2    felony. A violation of subsection (a)(1) is a Class X
3    felony for which 10 years shall be added to the term of
4    imprisonment imposed by the court. A violation of
5    subsection (a)(8) is a Class X felony for which 15 years
6    shall be added to the term of imprisonment imposed by the
7    court. A violation of subsection (a)(9) is a Class X felony
8    for which 20 years shall be added to the term of
9    imprisonment imposed by the court. A violation of
10    subsection (a)(10) is a Class X felony for which 25 years
11    or up to a term of natural life imprisonment shall be added
12    to the term of imprisonment imposed by the court.
13        (2) A person who is convicted of a second or subsequent
14    offense of aggravated criminal sexual assault, or who is
15    convicted of the offense of aggravated criminal sexual
16    assault after having previously been convicted of the
17    offense of criminal sexual assault or the offense of
18    predatory criminal sexual assault of a child, or who is
19    convicted of the offense of aggravated criminal sexual
20    assault after having previously been convicted under the
21    laws of this or any other state of an offense that is
22    substantially equivalent to the offense of criminal sexual
23    assault, the offense of aggravated criminal sexual assault
24    or the offense of predatory criminal sexual assault of a
25    child, shall be sentenced to a term of natural life
26    imprisonment. The commission of the second or subsequent

 

 

HB2976 Engrossed- 512 -LRB097 06385 KTG 46467 b

1    offense is required to have been after the initial
2    conviction for this paragraph (2) to apply.
3(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
4eff. 12-19-01; 92-721, eff. 1-1-03.)
 
5    (720 ILCS 5/12-16)  (from Ch. 38, par. 12-16)
6    Sec. 12-16. Aggravated Criminal Sexual Abuse.
7    (a) The accused commits aggravated criminal sexual abuse if
8he or she commits criminal sexual abuse as defined in
9subsection (a) of Section 12-15 of this Code and any of the
10following aggravating circumstances existed during, or for the
11purposes of paragraph (7) of this subsection (a) as part of the
12same course of conduct as, the commission of the offense:
13        (1) the accused displayed, threatened to use or used a
14    dangerous weapon or any object fashioned or utilized in
15    such a manner as to lead the victim under the circumstances
16    reasonably to believe it to be a dangerous weapon; or
17        (2) the accused caused bodily harm to the victim; or
18        (3) the victim was 60 years of age or over when the
19    offense was committed; or
20        (4) the victim was a physically handicapped person; or
21        (5) the accused acted in such a manner as to threaten
22    or endanger the life of the victim or any other person; or
23        (6) the criminal sexual abuse was perpetrated during
24    the course of the commission or attempted commission of any
25    other felony by the accused; or

 

 

HB2976 Engrossed- 513 -LRB097 06385 KTG 46467 b

1        (7) the accused delivered (by injection, inhalation,
2    ingestion, transfer of possession, or any other means) to
3    the victim without his or her consent, or by threat or
4    deception, and for other than medical purposes, any
5    controlled substance.
6    (b) The accused commits aggravated criminal sexual abuse if
7he or she commits an act of sexual conduct with a victim who
8was under 18 years of age when the act was committed and the
9accused was a family member.
10    (c) The accused commits aggravated criminal sexual abuse
11if:
12        (1) the accused was 17 years of age or over and (i)
13    commits an act of sexual conduct with a victim who was
14    under 13 years of age when the act was committed; or (ii)
15    commits an act of sexual conduct with a victim who was at
16    least 13 years of age but under 17 years of age when the
17    act was committed and the accused used force or threat of
18    force to commit the act; or
19        (2) the accused was under 17 years of age and (i)
20    commits an act of sexual conduct with a victim who was
21    under 9 years of age when the act was committed; or (ii)
22    commits an act of sexual conduct with a victim who was at
23    least 9 years of age but under 17 years of age when the act
24    was committed and the accused used force or threat of force
25    to commit the act.
26    (d) The accused commits aggravated criminal sexual abuse if

 

 

HB2976 Engrossed- 514 -LRB097 06385 KTG 46467 b

1he or she commits an act of sexual penetration or sexual
2conduct with a victim who was at least 13 years of age but
3under 17 years of age and the accused was at least 5 years
4older than the victim.
5    (e) The accused commits aggravated criminal sexual abuse if
6he or she commits an act of sexual conduct with a victim who
7was a severely or profoundly intellectually disabled mentally
8retarded person at the time the act was committed.
9    (f) The accused commits aggravated criminal sexual abuse if
10he or she commits an act of sexual conduct with a victim who
11was at least 13 years of age but under 18 years of age when the
12act was committed and the accused was 17 years of age or over
13and held a position of trust, authority or supervision in
14relation to the victim.
15    (g) Sentence. Aggravated criminal sexual abuse is a Class 2
16felony.
17(Source: P.A. 92-434, eff. 1-1-02.)
 
18    (720 ILCS 5/12-19)  (from Ch. 38, par. 12-19)
19    Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
20Facility Resident.
21    (a) Any person or any owner or licensee of a long term care
22facility who abuses a long term care facility resident is
23guilty of a Class 3 felony. Any person or any owner or licensee
24of a long term care facility who criminally neglects a long
25term care facility resident is guilty of a Class 4 felony. A

 

 

HB2976 Engrossed- 515 -LRB097 06385 KTG 46467 b

1person whose criminal neglect of a long term care facility
2resident results in the resident's death is guilty of a Class 3
3felony. However, nothing herein shall be deemed to apply to a
4physician licensed to practice medicine in all its branches or
5a duly licensed nurse providing care within the scope of his or
6her professional judgment and within the accepted standards of
7care within the community.
8    (b) Notwithstanding the penalties in subsections (a) and
9(c) and in addition thereto, if a licensee or owner of a long
10term care facility or his or her employee has caused neglect of
11a resident, the licensee or owner is guilty of a petty offense.
12An owner or licensee is guilty under this subsection (b) only
13if the owner or licensee failed to exercise reasonable care in
14the hiring, training, supervising or providing of staff or
15other related routine administrative responsibilities.
16    (c) Notwithstanding the penalties in subsections (a) and
17(b) and in addition thereto, if a licensee or owner of a long
18term care facility or his or her employee has caused gross
19neglect of a resident, the licensee or owner is guilty of a
20business offense for which a fine of not more than $10,000 may
21be imposed. An owner or licensee is guilty under this
22subsection (c) only if the owner or licensee failed to exercise
23reasonable care in the hiring, training, supervising or
24providing of staff or other related routine administrative
25responsibilities.
26    (d) For the purpose of this Section:

 

 

HB2976 Engrossed- 516 -LRB097 06385 KTG 46467 b

1        (1) "Abuse" means intentionally or knowingly causing
2    any physical or mental injury or committing any sexual
3    offense set forth in this Code.
4        (2) "Criminal neglect" means an act whereby a person
5    recklessly (i) performs acts that cause an elderly person's
6    or person with a disability's life to be endangered, health
7    to be injured, or pre-existing physical or mental condition
8    to deteriorate or that create the substantial likelihood
9    that an elderly person's or person with a disability's life
10    will be endangered, health will be injured, or pre-existing
11    physical or mental condition will deteriorate, or (ii)
12    fails to perform acts that he or she knows or reasonably
13    should know are necessary to maintain or preserve the life
14    or health of an elderly person or person with a disability,
15    and that failure causes the elderly person's or person with
16    a disability's life to be endangered, health to be injured,
17    or pre-existing physical or mental condition to
18    deteriorate or that create the substantial likelihood that
19    an elderly person's or person with a disability's life will
20    be endangered, health will be injured, or pre-existing
21    physical or mental condition will deteriorate, or (iii)
22    abandons an elderly person or person with a disability.
23        (3) "Neglect" means negligently failing to provide
24    adequate medical or personal care or maintenance, which
25    failure results in physical or mental injury or the
26    deterioration of a physical or mental condition.

 

 

HB2976 Engrossed- 517 -LRB097 06385 KTG 46467 b

1        (4) "Resident" means a person residing in a long term
2    care facility.
3        (5) "Owner" means the person who owns a long term care
4    facility as provided under the Nursing Home Care Act, a
5    facility as provided under the ID/DD MR/DD Community Care
6    Act, or an assisted living or shared housing establishment
7    under the Assisted Living and Shared Housing Act.
8        (6) "Licensee" means the individual or entity licensed
9    to operate a facility under the Nursing Home Care Act, the
10    ID/DD MR/DD Community Care Act, or the Assisted Living and
11    Shared Housing Act.
12        (7) "Facility" or "long term care facility" means a
13    private home, institution, building, residence, or any
14    other place, whether operated for profit or not, or a
15    county home for the infirm and chronically ill operated
16    pursuant to Division 5-21 or 5-22 of the Counties Code, or
17    any similar institution operated by the State of Illinois
18    or a political subdivision thereof, which provides,
19    through its ownership or management, personal care,
20    sheltered care or nursing for 3 or more persons not related
21    to the owner by blood or marriage. The term also includes
22    skilled nursing facilities and intermediate care
23    facilities as defined in Title XVIII and Title XIX of the
24    federal Social Security Act and assisted living
25    establishments and shared housing establishments licensed
26    under the Assisted Living and Shared Housing Act.

 

 

HB2976 Engrossed- 518 -LRB097 06385 KTG 46467 b

1    (e) Nothing contained in this Section shall be deemed to
2apply to the medical supervision, regulation or control of the
3remedial care or treatment of residents in a facility conducted
4for those who rely upon treatment by prayer or spiritual means
5in accordance with the creed or tenets of any well recognized
6church or religious denomination and which is licensed in
7accordance with Section 3-803 of the Nursing Home Care Act or
8Section 3-803 of the ID/DD MR/DD Community Care Act.
9(Source: P.A. 96-339, eff. 7-1-10; 96-1373, eff. 7-29-10.)
 
10    (720 ILCS 5/12-21)  (from Ch. 38, par. 12-21)
11    Sec. 12-21. Criminal abuse or neglect of an elderly person
12or person with a disability.
13    (a) A person commits the offense of criminal abuse or
14neglect of an elderly person or person with a disability when
15he or she is a caregiver and he or she knowingly:
16        (1) performs acts that cause the elderly person or
17    person with a disability's life to be endangered, health to
18    be injured, or pre-existing physical or mental condition to
19    deteriorate; or
20        (2) fails to perform acts that he or she knows or
21    reasonably should know are necessary to maintain or
22    preserve the life or health of the elderly person or person
23    with a disability and such failure causes the elderly
24    person or person with a disability's life to be endangered,
25    health to be injured or pre-existing physical or mental

 

 

HB2976 Engrossed- 519 -LRB097 06385 KTG 46467 b

1    condition to deteriorate; or
2        (3) abandons the elderly person or person with a
3    disability; or
4        (4) physically abuses, harasses, intimidates, or
5    interferes with the personal liberty of the elderly person
6    or person with a disability or exposes the elderly person
7    or person with a disability to willful deprivation.
8    Criminal abuse or neglect of an elderly person or person
9with a disability is a Class 3 felony. Criminal neglect of an
10elderly person or person with a disability is a Class 2 felony
11if the criminal neglect results in the death of the person
12neglected for which the defendant, if sentenced to a term of
13imprisonment, shall be sentenced to a term of not less than 3
14years and not more than 14 years.
15    (b) For purposes of this Section:
16        (1) "Elderly person" means a person 60 years of age or
17    older who is incapable of adequately providing for his own
18    health and personal care.
19        (2) "Person with a disability" means a person who
20    suffers from a permanent physical or mental impairment,
21    resulting from disease, injury, functional disorder or
22    congenital condition which renders such person incapable
23    of adequately providing for his own health and personal
24    care.
25        (3) "Caregiver" means a person who has a duty to
26    provide for an elderly person or person with a disability's

 

 

HB2976 Engrossed- 520 -LRB097 06385 KTG 46467 b

1    health and personal care, at such person's place of
2    residence, including but not limited to, food and
3    nutrition, shelter, hygiene, prescribed medication and
4    medical care and treatment.
5        "Caregiver" shall include:
6            (A) a parent, spouse, adult child or other relative
7        by blood or marriage who resides with or resides in the
8        same building with or regularly visits the elderly
9        person or person with a disability, knows or reasonably
10        should know of such person's physical or mental
11        impairment and knows or reasonably should know that
12        such person is unable to adequately provide for his own
13        health and personal care;
14            (B) a person who is employed by the elderly person
15        or person with a disability or by another to reside
16        with or regularly visit the elderly person or person
17        with a disability and provide for such person's health
18        and personal care;
19            (C) a person who has agreed for consideration to
20        reside with or regularly visit the elderly person or
21        person with a disability and provide for such person's
22        health and personal care; and
23            (D) a person who has been appointed by a private or
24        public agency or by a court of competent jurisdiction
25        to provide for the elderly person or person with a
26        disability's health and personal care.

 

 

HB2976 Engrossed- 521 -LRB097 06385 KTG 46467 b

1        "Caregiver" shall not include a long-term care
2    facility licensed or certified under the Nursing Home Care
3    Act or a facility licensed or certified under the ID/DD
4    MR/DD Community Care Act, or any administrative, medical or
5    other personnel of such a facility, or a health care
6    provider who is licensed under the Medical Practice Act of
7    1987 and renders care in the ordinary course of his
8    profession.
9        (4) "Abandon" means to desert or knowingly forsake an
10    elderly person or person with a disability under
11    circumstances in which a reasonable person would continue
12    to provide care and custody.
13        (5) "Willful deprivation" has the meaning ascribed to
14    it in paragraph (15) of Section 103 of the Illinois
15    Domestic Violence Act of 1986.
16    (c) Nothing in this Section shall be construed to limit the
17remedies available to the victim under the Illinois Domestic
18Violence Act.
19    (d) Nothing in this Section shall be construed to impose
20criminal liability on a person who has made a good faith effort
21to provide for the health and personal care of an elderly
22person or person with a disability, but through no fault of his
23own has been unable to provide such care.
24    (e) Nothing in this Section shall be construed as
25prohibiting a person from providing treatment by spiritual
26means through prayer alone and care consistent therewith in

 

 

HB2976 Engrossed- 522 -LRB097 06385 KTG 46467 b

1lieu of medical care and treatment in accordance with the
2tenets and practices of any church or religious denomination of
3which the elderly person or person with a disability is a
4member.
5    (f) It is not a defense to criminal abuse or neglect of an
6elderly person or person with a disability that the accused
7reasonably believed that the victim was not an elderly person
8or person with a disability.
9(Source: P.A. 96-339, eff. 7-1-10.)
 
10    (720 ILCS 5/17-29)
11    Sec. 17-29. Businesses owned by minorities, females, and
12persons with disabilities; fraudulent contracts with
13governmental units.
14    (a) In this Section:
15        "Minority person" means a person who is: (1) African
16    American (a person having origins in any of the black
17    racial groups in Africa); (2) Hispanic (a person of Spanish
18    or Portuguese culture with origins in Mexico, South or
19    Central America, or the Caribbean Islands, regardless of
20    race); (3) Asian American (a person having origins in any
21    of the original peoples of the Far East, Southeast Asia,
22    the Indian Subcontinent or the Pacific Islands); or (4)
23    Native American or Alaskan Native (a person having origins
24    in any of the original peoples of North America).
25        "Female" means a person who is of the female gender.

 

 

HB2976 Engrossed- 523 -LRB097 06385 KTG 46467 b

1        "Person with a disability" means a person who is a
2    person qualifying as being disabled.
3        "Disabled" means a severe physical or mental
4    disability that: (1) results from: amputation, arthritis,
5    autism, blindness, burn injury, cancer, cerebral palsy,
6    cystic fibrosis, deafness, head injury, heart disease,
7    hemiplegia, hemophilia, respiratory or pulmonary
8    dysfunction, an intellectual disability mental
9    retardation, mental illness, multiple sclerosis, muscular
10    dystrophy, musculoskeletal disorders, neurological
11    disorders, including stroke and epilepsy, paraplegia,
12    quadriplegia and other spinal cord conditions, sickle cell
13    anemia, specific learning disabilities, or end stage renal
14    failure disease; and (2) substantially limits one or more
15    of the person's major life activities.
16        "Minority owned business" means a business concern
17    that is at least 51% owned by one or more minority persons,
18    or in the case of a corporation, at least 51% of the stock
19    in which is owned by one or more minority persons; and the
20    management and daily business operations of which are
21    controlled by one or more of the minority individuals who
22    own it.
23        "Female owned business" means a business concern that
24    is at least 51% owned by one or more females, or, in the
25    case of a corporation, at least 51% of the stock in which
26    is owned by one or more females; and the management and

 

 

HB2976 Engrossed- 524 -LRB097 06385 KTG 46467 b

1    daily business operations of which are controlled by one or
2    more of the females who own it.
3        "Business owned by a person with a disability" means a
4    business concern that is at least 51% owned by one or more
5    persons with a disability and the management and daily
6    business operations of which are controlled by one or more
7    of the persons with disabilities who own it. A
8    not-for-profit agency for persons with disabilities that
9    is exempt from taxation under Section 501 of the Internal
10    Revenue Code of 1986 is also considered a "business owned
11    by a person with a disability".
12        "Governmental unit" means the State, a unit of local
13    government, or school district.
14    (b) In addition to any other penalties imposed by law or by
15an ordinance or resolution of a unit of local government or
16school district, any individual or entity that knowingly
17obtains, or knowingly assists another to obtain, a contract
18with a governmental unit, or a subcontract or written
19commitment for a subcontract under a contract with a
20governmental unit, by falsely representing that the individual
21or entity, or the individual or entity assisted, is a minority
22owned business, female owned business, or business owned by a
23person with a disability is guilty of a Class 2 felony,
24regardless of whether the preference for awarding the contract
25to a minority owned business, female owned business, or
26business owned by a person with a disability was established by

 

 

HB2976 Engrossed- 525 -LRB097 06385 KTG 46467 b

1statute or by local ordinance or resolution.
2    (c) In addition to any other penalties authorized by law,
3the court shall order that an individual or entity convicted of
4a violation of this Section must pay to the governmental unit
5that awarded the contract a penalty equal to one and one-half
6times the amount of the contract obtained because of the false
7representation.
8(Source: P.A. 94-126, eff. 1-1-06; 94-863, eff. 6-16-06.)
 
9    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
10    Sec. 24-3. Unlawful Sale of Firearms.
11    (A) A person commits the offense of unlawful sale of
12firearms when he or she knowingly does any of the following:
13        (a) Sells or gives any firearm of a size which may be
14    concealed upon the person to any person under 18 years of
15    age.
16        (b) Sells or gives any firearm to a person under 21
17    years of age who has been convicted of a misdemeanor other
18    than a traffic offense or adjudged delinquent.
19        (c) Sells or gives any firearm to any narcotic addict.
20        (d) Sells or gives any firearm to any person who has
21    been convicted of a felony under the laws of this or any
22    other jurisdiction.
23        (e) Sells or gives any firearm to any person who has
24    been a patient in a mental hospital within the past 5
25    years.

 

 

HB2976 Engrossed- 526 -LRB097 06385 KTG 46467 b

1        (f) Sells or gives any firearms to any person who is
2    intellectually disabled mentally retarded.
3        (g) Delivers any firearm of a size which may be
4    concealed upon the person, incidental to a sale, without
5    withholding delivery of such firearm for at least 72 hours
6    after application for its purchase has been made, or
7    delivers any rifle, shotgun or other long gun, or a stun
8    gun or taser, incidental to a sale, without withholding
9    delivery of such rifle, shotgun or other long gun, or a
10    stun gun or taser for at least 24 hours after application
11    for its purchase has been made. However, this paragraph (g)
12    does not apply to: (1) the sale of a firearm to a law
13    enforcement officer if the seller of the firearm knows that
14    the person to whom he or she is selling the firearm is a
15    law enforcement officer or the sale of a firearm to a
16    person who desires to purchase a firearm for use in
17    promoting the public interest incident to his or her
18    employment as a bank guard, armed truck guard, or other
19    similar employment; (2) a mail order sale of a firearm to a
20    nonresident of Illinois under which the firearm is mailed
21    to a point outside the boundaries of Illinois; (3) the sale
22    of a firearm to a nonresident of Illinois while at a
23    firearm showing or display recognized by the Illinois
24    Department of State Police; or (4) the sale of a firearm to
25    a dealer licensed as a federal firearms dealer under
26    Section 923 of the federal Gun Control Act of 1968 (18

 

 

HB2976 Engrossed- 527 -LRB097 06385 KTG 46467 b

1    U.S.C. 923). For purposes of this paragraph (g),
2    "application" means when the buyer and seller reach an
3    agreement to purchase a firearm.
4        (h) While holding any license as a dealer, importer,
5    manufacturer or pawnbroker under the federal Gun Control
6    Act of 1968, manufactures, sells or delivers to any
7    unlicensed person a handgun having a barrel, slide, frame
8    or receiver which is a die casting of zinc alloy or any
9    other nonhomogeneous metal which will melt or deform at a
10    temperature of less than 800 degrees Fahrenheit. For
11    purposes of this paragraph, (1) "firearm" is defined as in
12    the Firearm Owners Identification Card Act; and (2)
13    "handgun" is defined as a firearm designed to be held and
14    fired by the use of a single hand, and includes a
15    combination of parts from which such a firearm can be
16    assembled.
17        (i) Sells or gives a firearm of any size to any person
18    under 18 years of age who does not possess a valid Firearm
19    Owner's Identification Card.
20        (j) Sells or gives a firearm while engaged in the
21    business of selling firearms at wholesale or retail without
22    being licensed as a federal firearms dealer under Section
23    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
24    In this paragraph (j):
25        A person "engaged in the business" means a person who
26    devotes time, attention, and labor to engaging in the

 

 

HB2976 Engrossed- 528 -LRB097 06385 KTG 46467 b

1    activity as a regular course of trade or business with the
2    principal objective of livelihood and profit, but does not
3    include a person who makes occasional repairs of firearms
4    or who occasionally fits special barrels, stocks, or
5    trigger mechanisms to firearms.
6        "With the principal objective of livelihood and
7    profit" means that the intent underlying the sale or
8    disposition of firearms is predominantly one of obtaining
9    livelihood and pecuniary gain, as opposed to other intents,
10    such as improving or liquidating a personal firearms
11    collection; however, proof of profit shall not be required
12    as to a person who engages in the regular and repetitive
13    purchase and disposition of firearms for criminal purposes
14    or terrorism.
15        (k) Sells or transfers ownership of a firearm to a
16    person who does not display to the seller or transferor of
17    the firearm a currently valid Firearm Owner's
18    Identification Card that has previously been issued in the
19    transferee's name by the Department of State Police under
20    the provisions of the Firearm Owners Identification Card
21    Act. This paragraph (k) does not apply to the transfer of a
22    firearm to a person who is exempt from the requirement of
23    possessing a Firearm Owner's Identification Card under
24    Section 2 of the Firearm Owners Identification Card Act.
25    For the purposes of this Section, a currently valid Firearm
26    Owner's Identification Card means (i) a Firearm Owner's

 

 

HB2976 Engrossed- 529 -LRB097 06385 KTG 46467 b

1    Identification Card that has not expired or (ii) if the
2    transferor is licensed as a federal firearms dealer under
3    Section 923 of the federal Gun Control Act of 1968 (18
4    U.S.C. 923), an approval number issued in accordance with
5    Section 3.1 of the Firearm Owners Identification Card Act
6    shall be proof that the Firearm Owner's Identification Card
7    was valid.
8    (B) Paragraph (h) of subsection (A) does not include
9firearms sold within 6 months after enactment of Public Act
1078-355 (approved August 21, 1973, effective October 1, 1973),
11nor is any firearm legally owned or possessed by any citizen or
12purchased by any citizen within 6 months after the enactment of
13Public Act 78-355 subject to confiscation or seizure under the
14provisions of that Public Act. Nothing in Public Act 78-355
15shall be construed to prohibit the gift or trade of any firearm
16if that firearm was legally held or acquired within 6 months
17after the enactment of that Public Act.
18    (C) Sentence.
19        (1) Any person convicted of unlawful sale of firearms
20    in violation of paragraph (c), (e), (f), (g), or (h) of
21    subsection (A) commits a Class 4 felony.
22        (2) Any person convicted of unlawful sale of firearms
23    in violation of paragraph (b) or (i) of subsection (A)
24    commits a Class 3 felony.
25        (3) Any person convicted of unlawful sale of firearms
26    in violation of paragraph (a) of subsection (A) commits a

 

 

HB2976 Engrossed- 530 -LRB097 06385 KTG 46467 b

1    Class 2 felony.
2        (4) Any person convicted of unlawful sale of firearms
3    in violation of paragraph (a), (b), or (i) of subsection
4    (A) in any school, on the real property comprising a
5    school, within 1,000 feet of the real property comprising a
6    school, at a school related activity, or on or within 1,000
7    feet of any conveyance owned, leased, or contracted by a
8    school or school district to transport students to or from
9    school or a school related activity, regardless of the time
10    of day or time of year at which the offense was committed,
11    commits a Class 1 felony. Any person convicted of a second
12    or subsequent violation of unlawful sale of firearms in
13    violation of paragraph (a), (b), or (i) of subsection (A)
14    in any school, on the real property comprising a school,
15    within 1,000 feet of the real property comprising a school,
16    at a school related activity, or on or within 1,000 feet of
17    any conveyance owned, leased, or contracted by a school or
18    school district to transport students to or from school or
19    a school related activity, regardless of the time of day or
20    time of year at which the offense was committed, commits a
21    Class 1 felony for which the sentence shall be a term of
22    imprisonment of no less than 5 years and no more than 15
23    years.
24        (5) Any person convicted of unlawful sale of firearms
25    in violation of paragraph (a) or (i) of subsection (A) in
26    residential property owned, operated, or managed by a

 

 

HB2976 Engrossed- 531 -LRB097 06385 KTG 46467 b

1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development, in
3    a public park, in a courthouse, on residential property
4    owned, operated, or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, on the real property
7    comprising any public park, on the real property comprising
8    any courthouse, or on any public way within 1,000 feet of
9    the real property comprising any public park, courthouse,
10    or residential property owned, operated, or managed by a
11    public housing agency or leased by a public housing agency
12    as part of a scattered site or mixed-income development
13    commits a Class 2 felony.
14        (6) Any person convicted of unlawful sale of firearms
15    in violation of paragraph (j) of subsection (A) commits a
16    Class A misdemeanor. A second or subsequent violation is a
17    Class 4 felony.
18        (7) Any person convicted of unlawful sale of firearms
19    in violation of paragraph (k) of subsection (A) commits a
20    Class 4 felony. A third or subsequent conviction for a
21    violation of paragraph (k) of subsection (A) is a Class 1
22    felony.
23        (8) A person 18 years of age or older convicted of
24    unlawful sale of firearms in violation of paragraph (a) or
25    (i) of subsection (A), when the firearm that was sold or
26    given to another person under 18 years of age was used in

 

 

HB2976 Engrossed- 532 -LRB097 06385 KTG 46467 b

1    the commission of or attempt to commit a forcible felony,
2    shall be fined or imprisoned, or both, not to exceed the
3    maximum provided for the most serious forcible felony so
4    committed or attempted by the person under 18 years of age
5    who was sold or given the firearm.
6        (9) Any person convicted of unlawful sale of firearms
7    in violation of paragraph (d) of subsection (A) commits a
8    Class 3 felony.
9    (D) For purposes of this Section:
10    "School" means a public or private elementary or secondary
11school, community college, college, or university.
12    "School related activity" means any sporting, social,
13academic, or other activity for which students' attendance or
14participation is sponsored, organized, or funded in whole or in
15part by a school or school district.
16    (E) A prosecution for a violation of paragraph (k) of
17subsection (A) of this Section may be commenced within 6 years
18after the commission of the offense. A prosecution for a
19violation of this Section other than paragraph (g) of
20subsection (A) of this Section may be commenced within 5 years
21after the commission of the offense defined in the particular
22paragraph.
23(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
2496-190, eff. 1-1-10.)
 
25    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)

 

 

HB2976 Engrossed- 533 -LRB097 06385 KTG 46467 b

1    Sec. 24-3.1. Unlawful possession of firearms and firearm
2ammunition.
3    (a) A person commits the offense of unlawful possession of
4firearms or firearm ammunition when:
5        (1) He is under 18 years of age and has in his
6    possession any firearm of a size which may be concealed
7    upon the person; or
8        (2) He is under 21 years of age, has been convicted of
9    a misdemeanor other than a traffic offense or adjudged
10    delinquent and has any firearms or firearm ammunition in
11    his possession; or
12        (3) He is a narcotic addict and has any firearms or
13    firearm ammunition in his possession; or
14        (4) He has been a patient in a mental hospital within
15    the past 5 years and has any firearms or firearm ammunition
16    in his possession; or
17        (5) He is intellectually disabled mentally retarded
18    and has any firearms or firearm ammunition in his
19    possession; or
20        (6) He has in his possession any explosive bullet.
21    For purposes of this paragraph "explosive bullet" means the
22projectile portion of an ammunition cartridge which contains or
23carries an explosive charge which will explode upon contact
24with the flesh of a human or an animal. "Cartridge" means a
25tubular metal case having a projectile affixed at the front
26thereof and a cap or primer at the rear end thereof, with the

 

 

HB2976 Engrossed- 534 -LRB097 06385 KTG 46467 b

1propellant contained in such tube between the projectile and
2the cap.
3    (b) Sentence.
4    Unlawful possession of firearms, other than handguns, and
5firearm ammunition is a Class A misdemeanor. Unlawful
6possession of handguns is a Class 4 felony. The possession of
7each firearm or firearm ammunition in violation of this Section
8constitutes a single and separate violation.
9    (c) Nothing in paragraph (1) of subsection (a) of this
10Section prohibits a person under 18 years of age from
11participating in any lawful recreational activity with a
12firearm such as, but not limited to, practice shooting at
13targets upon established public or private target ranges or
14hunting, trapping, or fishing in accordance with the Wildlife
15Code or the Fish and Aquatic Life Code.
16(Source: P.A. 94-284, eff. 7-21-05; 95-331, eff. 8-21-07.)
 
17    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
18    Sec. 26-1. Elements of the Offense.
19    (a) A person commits disorderly conduct when he knowingly:
20        (1) Does any act in such unreasonable manner as to
21    alarm or disturb another and to provoke a breach of the
22    peace; or
23        (2) Transmits or causes to be transmitted in any manner
24    to the fire department of any city, town, village or fire
25    protection district a false alarm of fire, knowing at the

 

 

HB2976 Engrossed- 535 -LRB097 06385 KTG 46467 b

1    time of such transmission that there is no reasonable
2    ground for believing that such fire exists; or
3        (3) Transmits or causes to be transmitted in any manner
4    to another a false alarm to the effect that a bomb or other
5    explosive of any nature or a container holding poison gas,
6    a deadly biological or chemical contaminant, or
7    radioactive substance is concealed in such place that its
8    explosion or release would endanger human life, knowing at
9    the time of such transmission that there is no reasonable
10    ground for believing that such bomb, explosive or a
11    container holding poison gas, a deadly biological or
12    chemical contaminant, or radioactive substance is
13    concealed in such place; or
14        (4) Transmits or causes to be transmitted in any manner
15    to any peace officer, public officer or public employee a
16    report to the effect that an offense will be committed, is
17    being committed, or has been committed, knowing at the time
18    of such transmission that there is no reasonable ground for
19    believing that such an offense will be committed, is being
20    committed, or has been committed; or
21        (5) Enters upon the property of another and for a lewd
22    or unlawful purpose deliberately looks into a dwelling on
23    the property through any window or other opening in it; or
24        (6) While acting as a collection agency as defined in
25    the "Collection Agency Act" or as an employee of such
26    collection agency, and while attempting to collect an

 

 

HB2976 Engrossed- 536 -LRB097 06385 KTG 46467 b

1    alleged debt, makes a telephone call to the alleged debtor
2    which is designed to harass, annoy or intimidate the
3    alleged debtor; or
4        (7) Transmits or causes to be transmitted a false
5    report to the Department of Children and Family Services
6    under Section 4 of the "Abused and Neglected Child
7    Reporting Act"; or
8        (8) Transmits or causes to be transmitted a false
9    report to the Department of Public Health under the Nursing
10    Home Care Act or the ID/DD MR/DD Community Care Act; or
11        (9) Transmits or causes to be transmitted in any manner
12    to the police department or fire department of any
13    municipality or fire protection district, or any privately
14    owned and operated ambulance service, a false request for
15    an ambulance, emergency medical technician-ambulance or
16    emergency medical technician-paramedic knowing at the time
17    there is no reasonable ground for believing that such
18    assistance is required; or
19        (10) Transmits or causes to be transmitted a false
20    report under Article II of "An Act in relation to victims
21    of violence and abuse", approved September 16, 1984, as
22    amended; or
23        (11) Transmits or causes to be transmitted a false
24    report to any public safety agency without the reasonable
25    grounds necessary to believe that transmitting such a
26    report is necessary for the safety and welfare of the

 

 

HB2976 Engrossed- 537 -LRB097 06385 KTG 46467 b

1    public; or
2        (12) Calls the number "911" for the purpose of making
3    or transmitting a false alarm or complaint and reporting
4    information when, at the time the call or transmission is
5    made, the person knows there is no reasonable ground for
6    making the call or transmission and further knows that the
7    call or transmission could result in the emergency response
8    of any public safety agency; or
9        (13) Transmits or causes to be transmitted a threat of
10    destruction of a school building or school property, or a
11    threat of violence, death, or bodily harm directed against
12    persons at a school, school function, or school event,
13    whether or not school is in session.
14    (b) Sentence. A violation of subsection (a)(1) of this
15Section is a Class C misdemeanor. A violation of subsection
16(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
17violation of subsection (a)(8) or (a)(10) of this Section is a
18Class B misdemeanor. A violation of subsection (a)(2), (a)(4),
19(a)(7), (a)(9), (a)(12), or (a)(13) of this Section is a Class
204 felony. A violation of subsection (a)(3) of this Section is a
21Class 3 felony, for which a fine of not less than $3,000 and no
22more than $10,000 shall be assessed in addition to any other
23penalty imposed.
24    A violation of subsection (a)(6) of this Section is a
25Business Offense and shall be punished by a fine not to exceed
26$3,000. A second or subsequent violation of subsection (a)(7)

 

 

HB2976 Engrossed- 538 -LRB097 06385 KTG 46467 b

1or (a)(11) of this Section is a Class 4 felony. A third or
2subsequent violation of subsection (a)(5) of this Section is a
3Class 4 felony.
4    (c) In addition to any other sentence that may be imposed,
5a court shall order any person convicted of disorderly conduct
6to perform community service for not less than 30 and not more
7than 120 hours, if community service is available in the
8jurisdiction and is funded and approved by the county board of
9the county where the offense was committed. In addition,
10whenever any person is placed on supervision for an alleged
11offense under this Section, the supervision shall be
12conditioned upon the performance of the community service.
13    This subsection does not apply when the court imposes a
14sentence of incarceration.
15    (d) In addition to any other sentence that may be imposed,
16the court shall order any person convicted of disorderly
17conduct under paragraph (3) of subsection (a) involving a false
18alarm of a threat that a bomb or explosive device has been
19placed in a school to reimburse the unit of government that
20employs the emergency response officer or officers that were
21dispatched to the school for the cost of the search for a bomb
22or explosive device. For the purposes of this Section,
23"emergency response" means any incident requiring a response by
24a police officer, a firefighter, a State Fire Marshal employee,
25or an ambulance.
26(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09;

 

 

HB2976 Engrossed- 539 -LRB097 06385 KTG 46467 b

196-772, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1261, eff.
21-1-11.)
 
3    Section 140. The Code of Criminal Procedure of 1963 is
4amended by changing Sections 102-23, 106B-5, 114-15, 115-10,
5and 122-2.2 as follows:
 
6    (725 ILCS 5/102-23)
7    Sec. 102-23. "Moderately intellectually disabled mentally
8retarded person" means a person whose intelligence quotient is
9between 41 and 55 and who does not suffer from significant
10mental illness to the extent that the person's ability to
11exercise rational judgment is impaired.
12(Source: P.A. 92-434, eff. 1-1-02.)
 
13    (725 ILCS 5/106B-5)
14    Sec. 106B-5. Testimony by a victim who is a child or a
15moderately, severely, or profoundly intellectually disabled
16mentally retarded person or a person affected by a
17developmental disability.
18    (a) In a proceeding in the prosecution of an offense of
19criminal sexual assault, predatory criminal sexual assault of a
20child, aggravated criminal sexual assault, criminal sexual
21abuse, or aggravated criminal sexual abuse, a court may order
22that the testimony of a victim who is a child under the age of
2318 years or a moderately, severely, or profoundly

 

 

HB2976 Engrossed- 540 -LRB097 06385 KTG 46467 b

1intellectually disabled mentally retarded person or a person
2affected by a developmental disability be taken outside the
3courtroom and shown in the courtroom by means of a closed
4circuit television if:
5        (1) the testimony is taken during the proceeding; and
6        (2) the judge determines that testimony by the child
7    victim or moderately, severely, or profoundly
8    intellectually disabled mentally retarded victim or victim
9    affected by a developmental disability in the courtroom
10    will result in the child or moderately, severely, or
11    profoundly intellectually disabled mentally retarded
12    person or person affected by a developmental disability
13    suffering serious emotional distress such that the child or
14    moderately, severely, or profoundly intellectually
15    disabled mentally retarded person or person affected by a
16    developmental disability cannot reasonably communicate or
17    that the child or moderately, severely, or profoundly
18    intellectually disabled mentally retarded person or person
19    affected by a developmental disability will suffer severe
20    emotional distress that is likely to cause the child or
21    moderately, severely, or profoundly intellectually
22    disabled mentally retarded person or person affected by a
23    developmental disability to suffer severe adverse effects.
24    (b) Only the prosecuting attorney, the attorney for the
25defendant, and the judge may question the child or moderately,
26severely, or profoundly intellectually disabled mentally

 

 

HB2976 Engrossed- 541 -LRB097 06385 KTG 46467 b

1retarded person or person affected by a developmental
2disability.
3    (c) The operators of the closed circuit television shall
4make every effort to be unobtrusive.
5    (d) Only the following persons may be in the room with the
6child or moderately, severely, or profoundly intellectually
7disabled mentally retarded person or person affected by a
8developmental disability when the child or moderately,
9severely, or profoundly intellectually disabled mentally
10retarded person or person affected by a developmental
11disability testifies by closed circuit television:
12        (1) the prosecuting attorney;
13        (2) the attorney for the defendant;
14        (3) the judge;
15        (4) the operators of the closed circuit television
16    equipment; and
17        (5) any person or persons whose presence, in the
18    opinion of the court, contributes to the well-being of the
19    child or moderately, severely, or profoundly
20    intellectually disabled mentally retarded person or person
21    affected by a developmental disability, including a person
22    who has dealt with the child in a therapeutic setting
23    concerning the abuse, a parent or guardian of the child or
24    moderately, severely, or profoundly intellectually
25    disabled mentally retarded person or person affected by a
26    developmental disability, and court security personnel.

 

 

HB2976 Engrossed- 542 -LRB097 06385 KTG 46467 b

1    (e) During the child's or moderately, severely, or
2profoundly intellectually disabled mentally retarded person's
3or person affected by a developmental disability's testimony by
4closed circuit television, the defendant shall be in the
5courtroom and shall not communicate with the jury if the cause
6is being heard before a jury.
7    (f) The defendant shall be allowed to communicate with the
8persons in the room where the child or moderately, severely, or
9profoundly intellectually disabled mentally retarded person or
10person affected by a developmental disability is testifying by
11any appropriate electronic method.
12    (g) The provisions of this Section do not apply if the
13defendant represents himself pro se.
14    (h) This Section may not be interpreted to preclude, for
15purposes of identification of a defendant, the presence of both
16the victim and the defendant in the courtroom at the same time.
17    (i) This Section applies to prosecutions pending on or
18commenced on or after the effective date of this amendatory Act
19of 1994.
20    (j) For the purposes of this Section, "developmental
21disability" includes, but is not limited to, cerebral palsy,
22epilepsy, and autism.
23(Source: P.A. 95-897, eff. 1-1-09.)
 
24    (725 ILCS 5/114-15)
25    Sec. 114-15. Intellectual disability Mental retardation.

 

 

HB2976 Engrossed- 543 -LRB097 06385 KTG 46467 b

1    (a) In a first degree murder case in which the State seeks
2the death penalty as an appropriate sentence, any party may
3raise the issue of the defendant's intellectual disabilities
4mental retardation by motion. A defendant wishing to raise the
5issue of his or her intellectual disabilities mental
6retardation shall provide written notice to the State and the
7court as soon as the defendant reasonably believes such issue
8will be raised.
9    (b) The issue of the defendant's intellectual disabilities
10mental retardation shall be determined in a pretrial hearing.
11The court shall be the fact finder on the issue of the
12defendant's intellectual disabilities mental retardation and
13shall determine the issue by a preponderance of evidence in
14which the moving party has the burden of proof. The court may
15appoint an expert in the field of intellectual disabilities
16mental retardation. The defendant and the State may offer
17experts from the field of intellectual disabilities mental
18retardation. The court shall determine admissibility of
19evidence and qualification as an expert.
20    (c) If after a plea of guilty to first degree murder, or a
21finding of guilty of first degree murder in a bench trial, or a
22verdict of guilty for first degree murder in a jury trial, or
23on a matter remanded from the Supreme Court for sentencing for
24first degree murder, and the State seeks the death penalty as
25an appropriate sentence, the defendant may raise the issue of
26defendant's intellectual disabilities mental retardation not

 

 

HB2976 Engrossed- 544 -LRB097 06385 KTG 46467 b

1at eligibility but at aggravation and mitigation. The defendant
2and the State may offer experts from the field of intellectual
3disabilities mental retardation. The court shall determine
4admissibility of evidence and qualification as an expert.
5    (d) In determining whether the defendant is intellectually
6disabled mentally retarded, the intellectual disability mental
7retardation must have manifested itself by the age of 18. IQ
8tests and psychometric tests administered to the defendant must
9be the kind and type recognized by experts in the field of
10intellectual disabilities mental retardation. In order for the
11defendant to be considered intellectually disabled mentally
12retarded, a low IQ must be accompanied by significant deficits
13in adaptive behavior in at least 2 of the following skill
14areas: communication, self-care, social or interpersonal
15skills, home living, self-direction, academics, health and
16safety, use of community resources, and work. An intelligence
17quotient (IQ) of 75 or below is presumptive evidence of an
18intellectual disability mental retardation.
19    (e) Evidence of an intellectual disability mental
20retardation that did not result in disqualifying the case as a
21capital case, may be introduced as evidence in mitigation
22during a capital sentencing hearing. A failure of the court to
23determine that the defendant is intellectually disabled
24mentally retarded does not preclude the court during trial from
25allowing evidence relating to mental disability should the
26court deem it appropriate.

 

 

HB2976 Engrossed- 545 -LRB097 06385 KTG 46467 b

1    (f) If the court determines at a pretrial hearing or after
2remand that a capital defendant is intellectually disabled
3mentally retarded, and the State does not appeal pursuant to
4Supreme Court Rule 604, the case shall no longer be considered
5a capital case and the procedural guidelines established for
6capital cases shall no longer be applicable to the defendant.
7In that case, the defendant shall be sentenced under the
8sentencing provisions of Chapter V of the Unified Code of
9Corrections.
10(Source: P.A. 93-605, eff. 11-19-03.)
 
11    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
12    Sec. 115-10. Certain hearsay exceptions.
13    (a) In a prosecution for a physical or sexual act
14perpetrated upon or against a child under the age of 13, or a
15person who was a moderately, severely, or profoundly
16intellectually disabled mentally retarded person as defined in
17this Code and in Section 2-10.1 of the Criminal Code of 1961 at
18the time the act was committed, including but not limited to
19prosecutions for violations of Sections 12-13 through 12-16 of
20the Criminal Code of 1961 and prosecutions for violations of
21Sections 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3
22(unlawful restraint), 10-3.1 (aggravated unlawful restraint),
2310-4 (forcible detention), 10-5 (child abduction), 10-6
24(harboring a runaway), 10-7 (aiding or abetting child
25abduction), 11-9 (public indecency), 11-11 (sexual relations

 

 

HB2976 Engrossed- 546 -LRB097 06385 KTG 46467 b

1within families), 11-21 (harmful material), 12-1 (assault),
212-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic
3battery), 12-4 (aggravated battery), 12-4.1 (heinous battery),
412-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated
5battery of a child), 12-4.7 (drug induced infliction of great
6bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
712-6.1 (compelling organization membership of persons), 12-7.1
8(hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking),
912-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5
10(child abandonment), 12-21.6 (endangering the life or health of
11a child) or 12-32 (ritual mutilation) of the Criminal Code of
121961 or any sex offense as defined in subsection (B) of Section
132 of the Sex Offender Registration Act, the following evidence
14shall be admitted as an exception to the hearsay rule:
15        (1) testimony by the victim of an out of court
16    statement made by the victim that he or she complained of
17    such act to another; and
18        (2) testimony of an out of court statement made by the
19    victim describing any complaint of such act or matter or
20    detail pertaining to any act which is an element of an
21    offense which is the subject of a prosecution for a sexual
22    or physical act against that victim.
23    (b) Such testimony shall only be admitted if:
24        (1) The court finds in a hearing conducted outside the
25    presence of the jury that the time, content, and
26    circumstances of the statement provide sufficient

 

 

HB2976 Engrossed- 547 -LRB097 06385 KTG 46467 b

1    safeguards of reliability; and
2        (2) The child or moderately, severely, or profoundly
3    intellectually disabled mentally retarded person either:
4            (A) testifies at the proceeding; or
5            (B) is unavailable as a witness and there is
6        corroborative evidence of the act which is the subject
7        of the statement; and
8        (3) In a case involving an offense perpetrated against
9    a child under the age of 13, the out of court statement was
10    made before the victim attained 13 years of age or within 3
11    months after the commission of the offense, whichever
12    occurs later, but the statement may be admitted regardless
13    of the age of the victim at the time of the proceeding.
14    (c) If a statement is admitted pursuant to this Section,
15the court shall instruct the jury that it is for the jury to
16determine the weight and credibility to be given the statement
17and that, in making the determination, it shall consider the
18age and maturity of the child, or the intellectual capabilities
19of the moderately, severely, or profoundly intellectually
20disabled mentally retarded person, the nature of the statement,
21the circumstances under which the statement was made, and any
22other relevant factor.
23    (d) The proponent of the statement shall give the adverse
24party reasonable notice of his intention to offer the statement
25and the particulars of the statement.
26    (e) Statements described in paragraphs (1) and (2) of

 

 

HB2976 Engrossed- 548 -LRB097 06385 KTG 46467 b

1subsection (a) shall not be excluded on the basis that they
2were obtained as a result of interviews conducted pursuant to a
3protocol adopted by a Child Advocacy Advisory Board as set
4forth in subsections (c), (d), and (e) of Section 3 of the
5Children's Advocacy Center Act or that an interviewer or
6witness to the interview was or is an employee, agent, or
7investigator of a State's Attorney's office.
8(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
 
9    (725 ILCS 5/122-2.2)
10    Sec. 122-2.2. Intellectual disability Mental retardation
11and post-conviction relief.
12    (a) In cases where no determination of an intellectual
13disability mental retardation was made and a defendant has been
14convicted of first-degree murder, sentenced to death, and is in
15custody pending execution of the sentence of death, the
16following procedures shall apply:
17        (1) Notwithstanding any other provision of law or rule
18    of court, a defendant may seek relief from the death
19    sentence through a petition for post-conviction relief
20    under this Article alleging that the defendant was
21    intellectually disabled mentally retarded as defined in
22    Section 114-15 at the time the offense was alleged to have
23    been committed.
24        (2) The petition must be filed within 180 days of the
25    effective date of this amendatory Act of the 93rd General

 

 

HB2976 Engrossed- 549 -LRB097 06385 KTG 46467 b

1    Assembly or within 180 days of the issuance of the mandate
2    by the Illinois Supreme Court setting the date of
3    execution, whichever is later.
4    (3) All other provisions of this Article governing
5petitions for post-conviction relief shall apply to a petition
6for post-conviction relief alleging an intellectual disability
7mental retardation.
8(Source: P.A. 93-605, eff. 11-19-03.)
 
9    Section 145. The Unified Code of Corrections is amended by
10changing Sections 5-1-8, 5-1-13, 5-2-6, and 5-5-3.1 as follows:
 
11    (730 ILCS 5/5-1-8)  (from Ch. 38, par. 1005-1-8)
12    Sec. 5-1-8. Defendant in Need of Mental Treatment.
13    "Defendant in need of mental treatment" means any defendant
14afflicted with a mental disorder, not including a person who is
15intellectually disabled mentally retarded, if that defendant,
16as a result of such mental disorder, is reasonably expected at
17the time of determination or within a reasonable time
18thereafter to intentionally or unintentionally physically
19injure himself or other persons, or is unable to care for
20himself so as to guard himself from physical injury or to
21provide for his own physical needs.
22(Source: P.A. 77-2097.)
 
23    (730 ILCS 5/5-1-13)  (from Ch. 38, par. 1005-1-13)

 

 

HB2976 Engrossed- 550 -LRB097 06385 KTG 46467 b

1    Sec. 5-1-13. Intellectually Disabled Mentally Retarded.
2    "Intellectually disabled" Mentally retarded and
3"intellectual disability mental retardation" mean sub-average
4general intellectual functioning generally originating during
5the developmental period and associated with impairment in
6adaptive behavior reflected in delayed maturation or reduced
7learning ability or inadequate social adjustment.
8(Source: P.A. 77-2097.)
 
9    (730 ILCS 5/5-2-6)  (from Ch. 38, par. 1005-2-6)
10    Sec. 5-2-6. Sentencing and Treatment of Defendant Found
11Guilty but Mentally Ill.
12    (a) After a plea or verdict of guilty but mentally ill
13under Sections 115-2, 115-3 or 115-4 of the Code of Criminal
14Procedure of 1963, the court shall order a presentence
15investigation and report pursuant to Sections 5-3-1 and 5-3-2
16of this Act, and shall set a date for a sentencing hearing. The
17court may impose any sentence upon the defendant which could be
18imposed pursuant to law upon a defendant who had been convicted
19of the same offense without a finding of mental illness.
20    (b) If the court imposes a sentence of imprisonment upon a
21defendant who has been found guilty but mentally ill, the
22defendant shall be committed to the Department of Corrections,
23which shall cause periodic inquiry and examination to be made
24concerning the nature, extent, continuance, and treatment of
25the defendant's mental illness. The Department of Corrections

 

 

HB2976 Engrossed- 551 -LRB097 06385 KTG 46467 b

1shall provide such psychiatric, psychological, or other
2counseling and treatment for the defendant as it determines
3necessary.
4    (c) The Department of Corrections may transfer the
5defendant's custody to the Department of Human Services in
6accordance with the provisions of Section 3-8-5 of this Act.
7    (d) (1) The Department of Human Services shall return to
8the Department of Corrections any person committed to it
9pursuant to this Section whose sentence has not expired and
10whom the Department of Human Services deems no longer requires
11hospitalization for mental treatment, an intellectual
12disability mental retardation, or addiction.
13    (2) The Department of Corrections shall notify the
14Secretary of Human Services of the expiration of the sentence
15of any person transferred to the Department of Human Services
16under this Section. If the Department of Human Services
17determines that any such person requires further
18hospitalization, it shall file an appropriate petition for
19involuntary commitment pursuant to the Mental Health and
20Developmental Disabilities Code.
21    (e) (1) All persons found guilty but mentally ill, whether
22by plea or by verdict, who are placed on probation or sentenced
23to a term of periodic imprisonment or a period of conditional
24discharge shall be required to submit to a course of mental
25treatment prescribed by the sentencing court.
26    (2) The course of treatment prescribed by the court shall

 

 

HB2976 Engrossed- 552 -LRB097 06385 KTG 46467 b

1reasonably assure the defendant's satisfactory progress in
2treatment or habilitation and for the safety of the defendant
3and others. The court shall consider terms, conditions and
4supervision which may include, but need not be limited to,
5notification and discharge of the person to the custody of his
6family, community adjustment programs, periodic checks with
7legal authorities and outpatient care and utilization of local
8mental health or developmental disabilities facilities.
9    (3) Failure to continue treatment, except by agreement with
10the treating person or agency and the court, shall be a basis
11for the institution of probation revocation proceedings.
12    (4) The period of probation shall be in accordance with
13Article 4.5 of Chapter V of this Code and shall not be
14shortened without receipt and consideration of such
15psychiatric or psychological report or reports as the court may
16require.
17(Source: P.A. 95-1052, eff. 7-1-09.)
 
18    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
19    Sec. 5-5-3.1. Factors in Mitigation.
20    (a) The following grounds shall be accorded weight in favor
21of withholding or minimizing a sentence of imprisonment:
22        (1) The defendant's criminal conduct neither caused
23    nor threatened serious physical harm to another.
24        (2) The defendant did not contemplate that his criminal
25    conduct would cause or threaten serious physical harm to

 

 

HB2976 Engrossed- 553 -LRB097 06385 KTG 46467 b

1    another.
2        (3) The defendant acted under a strong provocation.
3        (4) There were substantial grounds tending to excuse or
4    justify the defendant's criminal conduct, though failing
5    to establish a defense.
6        (5) The defendant's criminal conduct was induced or
7    facilitated by someone other than the defendant.
8        (6) The defendant has compensated or will compensate
9    the victim of his criminal conduct for the damage or injury
10    that he sustained.
11        (7) The defendant has no history of prior delinquency
12    or criminal activity or has led a law-abiding life for a
13    substantial period of time before the commission of the
14    present crime.
15        (8) The defendant's criminal conduct was the result of
16    circumstances unlikely to recur.
17        (9) The character and attitudes of the defendant
18    indicate that he is unlikely to commit another crime.
19        (10) The defendant is particularly likely to comply
20    with the terms of a period of probation.
21        (11) The imprisonment of the defendant would entail
22    excessive hardship to his dependents.
23        (12) The imprisonment of the defendant would endanger
24    his or her medical condition.
25        (13) The defendant was intellectually disabled
26    mentally retarded as defined in Section 5-1-13 of this

 

 

HB2976 Engrossed- 554 -LRB097 06385 KTG 46467 b

1    Code.
2    (b) If the court, having due regard for the character of
3the offender, the nature and circumstances of the offense and
4the public interest finds that a sentence of imprisonment is
5the most appropriate disposition of the offender, or where
6other provisions of this Code mandate the imprisonment of the
7offender, the grounds listed in paragraph (a) of this
8subsection shall be considered as factors in mitigation of the
9term imposed.
10(Source: P.A. 91-357, eff. 7-29-99.)
 
11    Section 146. The Unified Code of Corrections is amended by
12changing Section 5-5-3.2 as follows:
 
13    (730 ILCS 5/5-5-3.2)
14    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
15Sentencing.
16    (a) The following factors shall be accorded weight in favor
17of imposing a term of imprisonment or may be considered by the
18court as reasons to impose a more severe sentence under Section
195-8-1 or Article 4.5 of Chapter V:
20        (1) the defendant's conduct caused or threatened
21    serious harm;
22        (2) the defendant received compensation for committing
23    the offense;
24        (3) the defendant has a history of prior delinquency or

 

 

HB2976 Engrossed- 555 -LRB097 06385 KTG 46467 b

1    criminal activity;
2        (4) the defendant, by the duties of his office or by
3    his position, was obliged to prevent the particular offense
4    committed or to bring the offenders committing it to
5    justice;
6        (5) the defendant held public office at the time of the
7    offense, and the offense related to the conduct of that
8    office;
9        (6) the defendant utilized his professional reputation
10    or position in the community to commit the offense, or to
11    afford him an easier means of committing it;
12        (7) the sentence is necessary to deter others from
13    committing the same crime;
14        (8) the defendant committed the offense against a
15    person 60 years of age or older or such person's property;
16        (9) the defendant committed the offense against a
17    person who is physically handicapped or such person's
18    property;
19        (10) by reason of another individual's actual or
20    perceived race, color, creed, religion, ancestry, gender,
21    sexual orientation, physical or mental disability, or
22    national origin, the defendant committed the offense
23    against (i) the person or property of that individual; (ii)
24    the person or property of a person who has an association
25    with, is married to, or has a friendship with the other
26    individual; or (iii) the person or property of a relative

 

 

HB2976 Engrossed- 556 -LRB097 06385 KTG 46467 b

1    (by blood or marriage) of a person described in clause (i)
2    or (ii). For the purposes of this Section, "sexual
3    orientation" means heterosexuality, homosexuality, or
4    bisexuality;
5        (11) the offense took place in a place of worship or on
6    the grounds of a place of worship, immediately prior to,
7    during or immediately following worship services. For
8    purposes of this subparagraph, "place of worship" shall
9    mean any church, synagogue or other building, structure or
10    place used primarily for religious worship;
11        (12) the defendant was convicted of a felony committed
12    while he was released on bail or his own recognizance
13    pending trial for a prior felony and was convicted of such
14    prior felony, or the defendant was convicted of a felony
15    committed while he was serving a period of probation,
16    conditional discharge, or mandatory supervised release
17    under subsection (d) of Section 5-8-1 for a prior felony;
18        (13) the defendant committed or attempted to commit a
19    felony while he was wearing a bulletproof vest. For the
20    purposes of this paragraph (13), a bulletproof vest is any
21    device which is designed for the purpose of protecting the
22    wearer from bullets, shot or other lethal projectiles;
23        (14) the defendant held a position of trust or
24    supervision such as, but not limited to, family member as
25    defined in Section 12-12 of the Criminal Code of 1961,
26    teacher, scout leader, baby sitter, or day care worker, in

 

 

HB2976 Engrossed- 557 -LRB097 06385 KTG 46467 b

1    relation to a victim under 18 years of age, and the
2    defendant committed an offense in violation of Section
3    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
4    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
5    against that victim;
6        (15) the defendant committed an offense related to the
7    activities of an organized gang. For the purposes of this
8    factor, "organized gang" has the meaning ascribed to it in
9    Section 10 of the Streetgang Terrorism Omnibus Prevention
10    Act;
11        (16) the defendant committed an offense in violation of
12    one of the following Sections while in a school, regardless
13    of the time of day or time of year; on any conveyance
14    owned, leased, or contracted by a school to transport
15    students to or from school or a school related activity; on
16    the real property of a school; or on a public way within
17    1,000 feet of the real property comprising any school:
18    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
19    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
20    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
21    33A-2 of the Criminal Code of 1961;
22        (16.5) the defendant committed an offense in violation
23    of one of the following Sections while in a day care
24    center, regardless of the time of day or time of year; on
25    the real property of a day care center, regardless of the
26    time of day or time of year; or on a public way within

 

 

HB2976 Engrossed- 558 -LRB097 06385 KTG 46467 b

1    1,000 feet of the real property comprising any day care
2    center, regardless of the time of day or time of year:
3    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
4    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
5    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
6    33A-2 of the Criminal Code of 1961;
7        (17) the defendant committed the offense by reason of
8    any person's activity as a community policing volunteer or
9    to prevent any person from engaging in activity as a
10    community policing volunteer. For the purpose of this
11    Section, "community policing volunteer" has the meaning
12    ascribed to it in Section 2-3.5 of the Criminal Code of
13    1961;
14        (18) the defendant committed the offense in a nursing
15    home or on the real property comprising a nursing home. For
16    the purposes of this paragraph (18), "nursing home" means a
17    skilled nursing or intermediate long term care facility
18    that is subject to license by the Illinois Department of
19    Public Health under the Nursing Home Care Act or the ID/DD
20    MR/DD Community Care Act;
21        (19) the defendant was a federally licensed firearm
22    dealer and was previously convicted of a violation of
23    subsection (a) of Section 3 of the Firearm Owners
24    Identification Card Act and has now committed either a
25    felony violation of the Firearm Owners Identification Card
26    Act or an act of armed violence while armed with a firearm;

 

 

HB2976 Engrossed- 559 -LRB097 06385 KTG 46467 b

1        (20) the defendant (i) committed the offense of
2    reckless homicide under Section 9-3 of the Criminal Code of
3    1961 or the offense of driving under the influence of
4    alcohol, other drug or drugs, intoxicating compound or
5    compounds or any combination thereof under Section 11-501
6    of the Illinois Vehicle Code or a similar provision of a
7    local ordinance and (ii) was operating a motor vehicle in
8    excess of 20 miles per hour over the posted speed limit as
9    provided in Article VI of Chapter 11 of the Illinois
10    Vehicle Code;
11        (21) the defendant (i) committed the offense of
12    reckless driving or aggravated reckless driving under
13    Section 11-503 of the Illinois Vehicle Code and (ii) was
14    operating a motor vehicle in excess of 20 miles per hour
15    over the posted speed limit as provided in Article VI of
16    Chapter 11 of the Illinois Vehicle Code;
17        (22) the defendant committed the offense against a
18    person that the defendant knew, or reasonably should have
19    known, was a member of the Armed Forces of the United
20    States serving on active duty. For purposes of this clause
21    (22), the term "Armed Forces" means any of the Armed Forces
22    of the United States, including a member of any reserve
23    component thereof or National Guard unit called to active
24    duty;
25        (23) the defendant committed the offense against a
26    person who was elderly, disabled, or infirm by taking

 

 

HB2976 Engrossed- 560 -LRB097 06385 KTG 46467 b

1    advantage of a family or fiduciary relationship with the
2    elderly, disabled, or infirm person;
3        (24) the defendant committed any offense under Section
4    11-20.1 of the Criminal Code of 1961 and possessed 100 or
5    more images;
6        (25) the defendant committed the offense while the
7    defendant or the victim was in a train, bus, or other
8    vehicle used for public transportation; or
9        (26) the defendant committed the offense of child
10    pornography or aggravated child pornography, specifically
11    including paragraph (1), (2), (3), (4), (5), or (7) of
12    subsection (a) of Section 11-20.1 of the Criminal Code of
13    1961 where a child engaged in, solicited for, depicted in,
14    or posed in any act of sexual penetration or bound,
15    fettered, or subject to sadistic, masochistic, or
16    sadomasochistic abuse in a sexual context and specifically
17    including paragraph (1), (2), (3), (4), (5), or (7) of
18    subsection (a) of Section 11-20.3 of the Criminal Code of
19    1961 where a child engaged in, solicited for, depicted in,
20    or posed in any act of sexual penetration or bound,
21    fettered, or subject to sadistic, masochistic, or
22    sadomasochistic abuse in a sexual context; or
23        (27) the defendant committed the offense of first
24    degree murder, assault, aggravated assault, battery,
25    aggravated battery, robbery, armed robbery, or aggravated
26    robbery against a person who was a veteran and the

 

 

HB2976 Engrossed- 561 -LRB097 06385 KTG 46467 b

1    defendant knew, or reasonably should have known, that the
2    person was a veteran performing duties as a representative
3    of a veterans' organization. For the purposes of this
4    paragraph (27), "veteran" means an Illinois resident who
5    has served as a member of the United States Armed Forces, a
6    member of the Illinois National Guard, or a member of the
7    United States Reserve Forces; and "veterans' organization"
8    means an organization comprised of members of which
9    substantially all are individuals who are veterans or
10    spouses, widows, or widowers of veterans, the primary
11    purpose of which is to promote the welfare of its members
12    and to provide assistance to the general public in such a
13    way as to confer a public benefit.
14    For the purposes of this Section:
15    "School" is defined as a public or private elementary or
16secondary school, community college, college, or university.
17    "Day care center" means a public or private State certified
18and licensed day care center as defined in Section 2.09 of the
19Child Care Act of 1969 that displays a sign in plain view
20stating that the property is a day care center.
21    "Public transportation" means the transportation or
22conveyance of persons by means available to the general public,
23and includes paratransit services.
24    (b) The following factors, related to all felonies, may be
25considered by the court as reasons to impose an extended term
26sentence under Section 5-8-2 upon any offender:

 

 

HB2976 Engrossed- 562 -LRB097 06385 KTG 46467 b

1        (1) When a defendant is convicted of any felony, after
2    having been previously convicted in Illinois or any other
3    jurisdiction of the same or similar class felony or greater
4    class felony, when such conviction has occurred within 10
5    years after the previous conviction, excluding time spent
6    in custody, and such charges are separately brought and
7    tried and arise out of different series of acts; or
8        (2) When a defendant is convicted of any felony and the
9    court finds that the offense was accompanied by
10    exceptionally brutal or heinous behavior indicative of
11    wanton cruelty; or
12        (3) When a defendant is convicted of any felony
13    committed against:
14            (i) a person under 12 years of age at the time of
15        the offense or such person's property;
16            (ii) a person 60 years of age or older at the time
17        of the offense or such person's property; or
18            (iii) a person physically handicapped at the time
19        of the offense or such person's property; or
20        (4) When a defendant is convicted of any felony and the
21    offense involved any of the following types of specific
22    misconduct committed as part of a ceremony, rite,
23    initiation, observance, performance, practice or activity
24    of any actual or ostensible religious, fraternal, or social
25    group:
26            (i) the brutalizing or torturing of humans or

 

 

HB2976 Engrossed- 563 -LRB097 06385 KTG 46467 b

1        animals;
2            (ii) the theft of human corpses;
3            (iii) the kidnapping of humans;
4            (iv) the desecration of any cemetery, religious,
5        fraternal, business, governmental, educational, or
6        other building or property; or
7            (v) ritualized abuse of a child; or
8        (5) When a defendant is convicted of a felony other
9    than conspiracy and the court finds that the felony was
10    committed under an agreement with 2 or more other persons
11    to commit that offense and the defendant, with respect to
12    the other individuals, occupied a position of organizer,
13    supervisor, financier, or any other position of management
14    or leadership, and the court further finds that the felony
15    committed was related to or in furtherance of the criminal
16    activities of an organized gang or was motivated by the
17    defendant's leadership in an organized gang; or
18        (6) When a defendant is convicted of an offense
19    committed while using a firearm with a laser sight attached
20    to it. For purposes of this paragraph, "laser sight" has
21    the meaning ascribed to it in Section 24.6-5 of the
22    Criminal Code of 1961; or
23        (7) When a defendant who was at least 17 years of age
24    at the time of the commission of the offense is convicted
25    of a felony and has been previously adjudicated a
26    delinquent minor under the Juvenile Court Act of 1987 for

 

 

HB2976 Engrossed- 564 -LRB097 06385 KTG 46467 b

1    an act that if committed by an adult would be a Class X or
2    Class 1 felony when the conviction has occurred within 10
3    years after the previous adjudication, excluding time
4    spent in custody; or
5        (8) When a defendant commits any felony and the
6    defendant used, possessed, exercised control over, or
7    otherwise directed an animal to assault a law enforcement
8    officer engaged in the execution of his or her official
9    duties or in furtherance of the criminal activities of an
10    organized gang in which the defendant is engaged.
11    (c) The following factors may be considered by the court as
12reasons to impose an extended term sentence under Section 5-8-2
13(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
14        (1) When a defendant is convicted of first degree
15    murder, after having been previously convicted in Illinois
16    of any offense listed under paragraph (c)(2) of Section
17    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
18    within 10 years after the previous conviction, excluding
19    time spent in custody, and the charges are separately
20    brought and tried and arise out of different series of
21    acts.
22        (1.5) When a defendant is convicted of first degree
23    murder, after having been previously convicted of domestic
24    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
25    (720 ILCS 5/12-3.3) committed on the same victim or after
26    having been previously convicted of violation of an order

 

 

HB2976 Engrossed- 565 -LRB097 06385 KTG 46467 b

1    of protection (720 ILCS 5/12-30) in which the same victim
2    was the protected person.
3        (2) When a defendant is convicted of voluntary
4    manslaughter, second degree murder, involuntary
5    manslaughter, or reckless homicide in which the defendant
6    has been convicted of causing the death of more than one
7    individual.
8        (3) When a defendant is convicted of aggravated
9    criminal sexual assault or criminal sexual assault, when
10    there is a finding that aggravated criminal sexual assault
11    or criminal sexual assault was also committed on the same
12    victim by one or more other individuals, and the defendant
13    voluntarily participated in the crime with the knowledge of
14    the participation of the others in the crime, and the
15    commission of the crime was part of a single course of
16    conduct during which there was no substantial change in the
17    nature of the criminal objective.
18        (4) If the victim was under 18 years of age at the time
19    of the commission of the offense, when a defendant is
20    convicted of aggravated criminal sexual assault or
21    predatory criminal sexual assault of a child under
22    subsection (a)(1) of Section 12-14.1 of the Criminal Code
23    of 1961 (720 ILCS 5/12-14.1).
24        (5) When a defendant is convicted of a felony violation
25    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
26    5/24-1) and there is a finding that the defendant is a

 

 

HB2976 Engrossed- 566 -LRB097 06385 KTG 46467 b

1    member of an organized gang.
2        (6) When a defendant was convicted of unlawful use of
3    weapons under Section 24-1 of the Criminal Code of 1961
4    (720 ILCS 5/24-1) for possessing a weapon that is not
5    readily distinguishable as one of the weapons enumerated in
6    Section 24-1 of the Criminal Code of 1961 (720 ILCS
7    5/24-1).
8        (7) When a defendant is convicted of an offense
9    involving the illegal manufacture of a controlled
10    substance under Section 401 of the Illinois Controlled
11    Substances Act (720 ILCS 570/401), the illegal manufacture
12    of methamphetamine under Section 25 of the Methamphetamine
13    Control and Community Protection Act (720 ILCS 646/25), or
14    the illegal possession of explosives and an emergency
15    response officer in the performance of his or her duties is
16    killed or injured at the scene of the offense while
17    responding to the emergency caused by the commission of the
18    offense. In this paragraph, "emergency" means a situation
19    in which a person's life, health, or safety is in jeopardy;
20    and "emergency response officer" means a peace officer,
21    community policing volunteer, fireman, emergency medical
22    technician-ambulance, emergency medical
23    technician-intermediate, emergency medical
24    technician-paramedic, ambulance driver, other medical
25    assistance or first aid personnel, or hospital emergency
26    room personnel.

 

 

HB2976 Engrossed- 567 -LRB097 06385 KTG 46467 b

1    (d) For the purposes of this Section, "organized gang" has
2the meaning ascribed to it in Section 10 of the Illinois
3Streetgang Terrorism Omnibus Prevention Act.
4    (e) The court may impose an extended term sentence under
5Article 4.5 of Chapter V upon an offender who has been
6convicted of a felony violation of Section 12-13, 12-14,
712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
8victim of the offense is under 18 years of age at the time of
9the commission of the offense and, during the commission of the
10offense, the victim was under the influence of alcohol,
11regardless of whether or not the alcohol was supplied by the
12offender; and the offender, at the time of the commission of
13the offense, knew or should have known that the victim had
14consumed alcohol.
15(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
16eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
1795-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
1896-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.
197-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,
20eff. 1-1-11; revised 9-16-10.)
 
21    Section 147. The Secure Residential Youth Care Facility
22Licensing Act is amended by changing Section 45-10 as follows:
 
23    (730 ILCS 175/45-10)
24    Sec. 45-10. Definitions. As used in this Act:

 

 

HB2976 Engrossed- 568 -LRB097 06385 KTG 46467 b

1    "Department" means the Illinois Department of Corrections.
2    "Director" means the Director of Corrections.
3    "Secure residential youth care facility" means a facility
4(1) where youth are placed and reside for care, treatment, and
5custody; (2) that is designed and operated so as to ensure that
6all entrances and exits from the facility, or from a building
7or distinct part of a building within the facility, are under
8the exclusive control of the staff of the facility, whether or
9not the youth has freedom of movement within the perimeter of
10the facility or within the perimeter of a building or distinct
11part of a building within the facility; and (3) that uses
12physically restrictive construction including, but not limited
13to, locks, bolts, gates, doors, bars, fences, and screen
14barriers. This definition does not include jails, prisons,
15detention centers, or other such correctional facilities;
16State operated mental health facilities; or facilities
17operating as psychiatric hospitals under a license pursuant to
18the ID/DD MR/DD Community Care Act, the Nursing Home Care Act,
19or the Hospital Licensing Act.
20    "Youth" means an adjudicated delinquent who is 18 years of
21age or under and is transferred to the Department pursuant to
22Section 3-10-11 of the Unified Code of Corrections.
23(Source: P.A. 96-339, eff. 7-1-10.)
 
24    Section 150. The Code of Civil Procedure is amended by
25changing Sections 2-203 and 8-201 as follows:
 

 

 

HB2976 Engrossed- 569 -LRB097 06385 KTG 46467 b

1    (735 ILCS 5/2-203)  (from Ch. 110, par. 2-203)
2    Sec. 2-203. Service on individuals.
3    (a) Except as otherwise expressly provided, service of
4summons upon an individual defendant shall be made (1) by
5leaving a copy of the summons with the defendant personally,
6(2) by leaving a copy at the defendant's usual place of abode,
7with some person of the family or a person residing there, of
8the age of 13 years or upwards, and informing that person of
9the contents of the summons, provided the officer or other
10person making service shall also send a copy of the summons in
11a sealed envelope with postage fully prepaid, addressed to the
12defendant at his or her usual place of abode, or (3) as
13provided in Section 1-2-9.2 of the Illinois Municipal Code with
14respect to violation of an ordinance governing parking or
15standing of vehicles in cities with a population over 500,000.
16The certificate of the officer or affidavit of the person that
17he or she has sent the copy in pursuance of this Section is
18evidence that he or she has done so. No employee of a facility
19licensed under the Nursing Home Care Act or the ID/DD MR/DD
20Community Care Act shall obstruct an officer or other person
21making service in compliance with this Section.
22    (b) The officer, in his or her certificate or in a record
23filed and maintained in the Sheriff's office, or other person
24making service, in his or her affidavit or in a record filed
25and maintained in his or her employer's office, shall (1)

 

 

HB2976 Engrossed- 570 -LRB097 06385 KTG 46467 b

1identify as to sex, race, and approximate age the defendant or
2other person with whom the summons was left and (2) state the
3place where (whenever possible in terms of an exact street
4address) and the date and time of the day when the summons was
5left with the defendant or other person.
6    (c) Any person who knowingly sets forth in the certificate
7or affidavit any false statement, shall be liable in civil
8contempt. When the court holds a person in civil contempt under
9this Section, it shall award such damages as it determines to
10be just and, when the contempt is prosecuted by a private
11attorney, may award reasonable attorney's fees.
12(Source: P.A. 95-858, eff. 8-18-08; 96-339, eff. 7-1-10.)
 
13    (735 ILCS 5/8-201)  (from Ch. 110, par. 8-201)
14    Sec. 8-201. Dead-Man's Act. In the trial of any action in
15which any party sues or defends as the representative of a
16deceased person or person under a legal disability, no adverse
17party or person directly interested in the action shall be
18allowed to testify on his or her own behalf to any conversation
19with the deceased or person under legal disability or to any
20event which took place in the presence of the deceased or
21person under legal disability, except in the following
22instances:
23    (a) If any person testifies on behalf of the representative
24to any conversation with the deceased or person under legal
25disability or to any event which took place in the presence of

 

 

HB2976 Engrossed- 571 -LRB097 06385 KTG 46467 b

1the deceased or person under legal disability, any adverse
2party or interested person, if otherwise competent, may testify
3concerning the same conversation or event.
4    (b) If the deposition of the deceased or person under legal
5disability is admitted in evidence on behalf of the
6representative, any adverse party or interested person, if
7otherwise competent, may testify concerning the same matters
8admitted in evidence.
9    (c) Any testimony competent under Section 8-401 of this
10Act, is not barred by this Section.
11    (d) No person shall be barred from testifying as to any
12fact relating to the heirship of a decedent.
13    As used in this Section:
14    (a) "Person under legal disability" means any person who is
15adjudged by the court in the pending civil action to be unable
16to testify by reason of mental illness, an intellectual
17disability, mental retardation or deterioration of mentality.
18    (b) "Representative" means an executor, administrator,
19heir or legatee of a deceased person and any guardian or
20trustee of any such heir or legatee, or a guardian or guardian
21ad litem for a person under legal disability.
22    (c) "Person directly interested in the action" or
23"interested person" does not include a person who is interested
24solely as executor, trustee or in any other fiduciary capacity,
25whether or not he or she receives or expects to receive
26compensation for acting in that capacity.

 

 

HB2976 Engrossed- 572 -LRB097 06385 KTG 46467 b

1    (d) This Section applies to proceedings filed on or after
2October 1, 1973.
3(Source: P.A. 82-280.)
 
4    Section 155. The Predator Accountability Act is amended by
5changing Section 10 as follows:
 
6    (740 ILCS 128/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Sex trade" means any act, which if proven beyond a
9reasonable doubt could support a conviction for a violation or
10attempted violation of any of the following Sections of the
11Criminal Code of 1961: 11-15 (soliciting for a prostitute);
1211-15.1 (soliciting for a juvenile prostitute); 11-16
13(pandering); 11-17 (keeping a place of prostitution); 11-17.1
14(keeping a place of juvenile prostitution); 11-19 (pimping);
1511-19.1 (juvenile pimping and aggravated juvenile pimping);
1611-19.2 (exploitation of a child); 11-20 (obscenity); or
1711-20.1 (child pornography); or Section 10-9 of the Criminal
18Code of 1961 (trafficking of persons and involuntary
19servitude).
20    "Sex trade" activity may involve adults and youth of all
21genders and sexual orientations.
22    "Victim of the sex trade" means, for the following sex
23trade acts, the person or persons indicated:
24        (1) soliciting for a prostitute: the prostitute who is

 

 

HB2976 Engrossed- 573 -LRB097 06385 KTG 46467 b

1    the object of the solicitation;
2        (2) soliciting for a juvenile prostitute: the juvenile
3    prostitute, or severely or profoundly intellectually
4    disabled mentally retarded person, who is the object of the
5    solicitation;
6        (3) pandering: the person intended or compelled to act
7    as a prostitute;
8        (4) keeping a place of prostitution: any person
9    intended or compelled to act as a prostitute, while present
10    at the place, during the time period in question;
11        (5) keeping a place of juvenile prostitution: any
12    juvenile intended or compelled to act as a prostitute,
13    while present at the place, during the time period in
14    question;
15        (6) pimping: the prostitute from whom anything of value
16    is received;
17        (7) juvenile pimping and aggravated juvenile pimping:
18    the juvenile, or severely or profoundly intellectually
19    disabled mentally retarded person, from whom anything of
20    value is received for that person's act of prostitution;
21        (8) exploitation of a child: the juvenile, or severely
22    or profoundly intellectually disabled mentally retarded
23    person, intended or compelled to act as a prostitute or
24    from whom anything of value is received for that person's
25    act of prostitution;
26        (9) obscenity: any person who appears in or is

 

 

HB2976 Engrossed- 574 -LRB097 06385 KTG 46467 b

1    described or depicted in the offending conduct or material;
2        (10) child pornography: any child, or severely or
3    profoundly intellectually disabled mentally retarded
4    person, who appears in or is described or depicted in the
5    offending conduct or material; or
6        (11) trafficking of persons or involuntary servitude:
7    a "trafficking victim" as defined in Section 10-9 of the
8    Criminal Code of 1961.
9(Source: P.A. 96-710, eff. 1-1-10.)
 
10    Section 160. The Sports Volunteer Immunity Act is amended
11by changing Section 1 as follows:
 
12    (745 ILCS 80/1)  (from Ch. 70, par. 701)
13    Sec. 1. Manager, coach, umpire or referee negligence
14standard. (a) General rule. Except as provided otherwise in
15this Section, no person who, without compensation and as a
16volunteer, renders services as a manager, coach, instructor,
17umpire or referee or who, without compensation and as a
18volunteer, assists a manager, coach, instructor, umpire or
19referee in a sports program of a nonprofit association, shall
20be liable to any person for any civil damages as a result of
21any acts or omissions in rendering such services or in
22conducting or sponsoring such sports program, unless the
23conduct of such person falls substantially below the standards
24generally practiced and accepted in like circumstances by

 

 

HB2976 Engrossed- 575 -LRB097 06385 KTG 46467 b

1similar persons rendering such services or conducting or
2sponsoring such sports programs, and unless it is shown that
3such person did an act or omitted the doing of an act which
4such person was under a recognized duty to another to do,
5knowing or having reason to know that such act or omission
6created a substantial risk of actual harm to the person or
7property of another. It shall be insufficient to impose
8liability to establish only that the conduct of such person
9fell below ordinary standards of care.
10    (b) Exceptions.
11    (1) Nothing in this Section shall be construed as affecting
12or modifying the liability of such person or a nonprofit
13association for any of the following:
14    (i) acts or omissions relating to the transportation of
15participants in a sports program or others to or from a game,
16event or practice.
17    (ii) acts or omissions relating to the care and maintenance
18of real estate unrelated to the practice or playing areas which
19such persons or nonprofit associations own, possess or control.
20    (2) Nothing in this Section shall be construed as affecting
21or modifying any existing legal basis for determining the
22liability, or any defense thereto, of any person not covered by
23the standard of negligence established by this Section.
24    (c) Assumption of risk or comparative fault. Nothing in
25this Section shall be construed as affecting or modifying the
26doctrine of assumption of risk or comparative fault on the part

 

 

HB2976 Engrossed- 576 -LRB097 06385 KTG 46467 b

1of the participant.
2    (d) Definitions. As used in this Act the following words
3and phrases shall have the meanings given to them in this
4subsection:
5    "Compensation" means any payment for services performed
6but does not include reimbursement for reasonable expenses
7actually incurred or to be incurred or, solely in the case of
8umpires or referees, a modest honorarium.
9    "Nonprofit association" means an entity which is organized
10as a not-for-profit corporation under the laws of this State or
11the United States or a nonprofit unincorporated association or
12any entity which is authorized to do business in this State as
13a not-for-profit corporation under the laws of this State,
14including, but not limited to, youth or athletic associations,
15volunteer fire, ambulance, religious, charitable, fraternal,
16veterans, civic, county fair or agricultural associations, or
17any separately chartered auxiliary of the foregoing, if
18organized and operated on a nonprofit basis.
19    "Sports program" means baseball (including softball),
20football, basketball, soccer or any other competitive sport
21formally recognized as a sport by the United States Olympic
22Committee as specified by and under the jurisdiction of the
23Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), the Amateur
24Athletic Union or the National Collegiate Athletic
25Association. The term shall be limited to a program or that
26portion of a program that is organized for recreational

 

 

HB2976 Engrossed- 577 -LRB097 06385 KTG 46467 b

1purposes and whose activities are substantially for such
2purposes and which is primarily for participants who are 18
3years of age or younger or whose 19th birthday occurs during
4the year of participation or the competitive season, whichever
5is longer. There shall, however, be no age limitation for
6programs operated for the physically handicapped or
7intellectually disabled mentally retarded.
8    (e) Nothing in this Section is intended to bar any cause of
9action against a nonprofit association or change the liability
10of such an association which arises out of an act or omission
11of any person exempt from liability under this Act.
12(Source: P.A. 85-959.)
 
13    Section 165. The Adoption Act is amended by changing
14Sections 1 and 12 as follows:
 
15    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
16    Sec. 1. Definitions. When used in this Act, unless the
17context otherwise requires:
18    A. "Child" means a person under legal age subject to
19adoption under this Act.
20    B. "Related child" means a child subject to adoption where
21either or both of the adopting parents stands in any of the
22following relationships to the child by blood or marriage:
23parent, grand-parent, brother, sister, step-parent,
24step-grandparent, step-brother, step-sister, uncle, aunt,

 

 

HB2976 Engrossed- 578 -LRB097 06385 KTG 46467 b

1great-uncle, great-aunt, or cousin of first degree. A child
2whose parent has executed a final irrevocable consent to
3adoption or a final irrevocable surrender for purposes of
4adoption, or whose parent has had his or her parental rights
5terminated, is not a related child to that person, unless the
6consent is determined to be void or is void pursuant to
7subsection O of Section 10.
8    C. "Agency" for the purpose of this Act means a public
9child welfare agency or a licensed child welfare agency.
10    D. "Unfit person" means any person whom the court shall
11find to be unfit to have a child, without regard to the
12likelihood that the child will be placed for adoption. The
13grounds of unfitness are any one or more of the following,
14except that a person shall not be considered an unfit person
15for the sole reason that the person has relinquished a child in
16accordance with the Abandoned Newborn Infant Protection Act:
17        (a) Abandonment of the child.
18        (a-1) Abandonment of a newborn infant in a hospital.
19        (a-2) Abandonment of a newborn infant in any setting
20    where the evidence suggests that the parent intended to
21    relinquish his or her parental rights.
22        (b) Failure to maintain a reasonable degree of
23    interest, concern or responsibility as to the child's
24    welfare.
25        (c) Desertion of the child for more than 3 months next
26    preceding the commencement of the Adoption proceeding.

 

 

HB2976 Engrossed- 579 -LRB097 06385 KTG 46467 b

1        (d) Substantial neglect of the child if continuous or
2    repeated.
3        (d-1) Substantial neglect, if continuous or repeated,
4    of any child residing in the household which resulted in
5    the death of that child.
6        (e) Extreme or repeated cruelty to the child.
7        (f) There is a rebuttable presumption, which can be
8    overcome only by clear and convincing evidence, that a
9    parent is unfit if:
10            (1) Two or more findings of physical abuse have
11        been entered regarding any children under Section 2-21
12        of the Juvenile Court Act of 1987, the most recent of
13        which was determined by the juvenile court hearing the
14        matter to be supported by clear and convincing
15        evidence; or
16            (2) The parent has been convicted or found not
17        guilty by reason of insanity and the conviction or
18        finding resulted from the death of any child by
19        physical abuse; or
20            (3) There is a finding of physical child abuse
21        resulting from the death of any child under Section
22        2-21 of the Juvenile Court Act of 1987.
23            No conviction or finding of delinquency pursuant
24        to Article 5 of the Juvenile Court Act of 1987 shall be
25        considered a criminal conviction for the purpose of
26        applying any presumption under this item (f).

 

 

HB2976 Engrossed- 580 -LRB097 06385 KTG 46467 b

1        (g) Failure to protect the child from conditions within
2    his environment injurious to the child's welfare.
3        (h) Other neglect of, or misconduct toward the child;
4    provided that in making a finding of unfitness the court
5    hearing the adoption proceeding shall not be bound by any
6    previous finding, order or judgment affecting or
7    determining the rights of the parents toward the child
8    sought to be adopted in any other proceeding except such
9    proceedings terminating parental rights as shall be had
10    under either this Act, the Juvenile Court Act or the
11    Juvenile Court Act of 1987.
12        (i) Depravity. Conviction of any one of the following
13    crimes shall create a presumption that a parent is depraved
14    which can be overcome only by clear and convincing
15    evidence: (1) first degree murder in violation of paragraph
16    1 or 2 of subsection (a) of Section 9-1 of the Criminal
17    Code of 1961 or conviction of second degree murder in
18    violation of subsection (a) of Section 9-2 of the Criminal
19    Code of 1961 of a parent of the child to be adopted; (2)
20    first degree murder or second degree murder of any child in
21    violation of the Criminal Code of 1961; (3) attempt or
22    conspiracy to commit first degree murder or second degree
23    murder of any child in violation of the Criminal Code of
24    1961; (4) solicitation to commit murder of any child,
25    solicitation to commit murder of any child for hire, or
26    solicitation to commit second degree murder of any child in

 

 

HB2976 Engrossed- 581 -LRB097 06385 KTG 46467 b

1    violation of the Criminal Code of 1961; (5) predatory
2    criminal sexual assault of a child in violation of Section
3    12-14.1 of the Criminal Code of 1961; (6) heinous battery
4    of any child in violation of the Criminal Code of 1961; or
5    (7) aggravated battery of any child in violation of the
6    Criminal Code of 1961.
7        There is a rebuttable presumption that a parent is
8    depraved if the parent has been criminally convicted of at
9    least 3 felonies under the laws of this State or any other
10    state, or under federal law, or the criminal laws of any
11    United States territory; and at least one of these
12    convictions took place within 5 years of the filing of the
13    petition or motion seeking termination of parental rights.
14        There is a rebuttable presumption that a parent is
15    depraved if that parent has been criminally convicted of
16    either first or second degree murder of any person as
17    defined in the Criminal Code of 1961 within 10 years of the
18    filing date of the petition or motion to terminate parental
19    rights.
20        No conviction or finding of delinquency pursuant to
21    Article 5 of the Juvenile Court Act of 1987 shall be
22    considered a criminal conviction for the purpose of
23    applying any presumption under this item (i).
24        (j) Open and notorious adultery or fornication.
25        (j-1) (Blank).
26        (k) Habitual drunkenness or addiction to drugs, other

 

 

HB2976 Engrossed- 582 -LRB097 06385 KTG 46467 b

1    than those prescribed by a physician, for at least one year
2    immediately prior to the commencement of the unfitness
3    proceeding.
4        There is a rebuttable presumption that a parent is
5    unfit under this subsection with respect to any child to
6    which that parent gives birth where there is a confirmed
7    test result that at birth the child's blood, urine, or
8    meconium contained any amount of a controlled substance as
9    defined in subsection (f) of Section 102 of the Illinois
10    Controlled Substances Act or metabolites of such
11    substances, the presence of which in the newborn infant was
12    not the result of medical treatment administered to the
13    mother or the newborn infant; and the biological mother of
14    this child is the biological mother of at least one other
15    child who was adjudicated a neglected minor under
16    subsection (c) of Section 2-3 of the Juvenile Court Act of
17    1987.
18        (l) Failure to demonstrate a reasonable degree of
19    interest, concern or responsibility as to the welfare of a
20    new born child during the first 30 days after its birth.
21        (m) Failure by a parent (i) to make reasonable efforts
22    to correct the conditions that were the basis for the
23    removal of the child from the parent, or (ii) to make
24    reasonable progress toward the return of the child to the
25    parent within 9 months after an adjudication of neglected
26    or abused minor under Section 2-3 of the Juvenile Court Act

 

 

HB2976 Engrossed- 583 -LRB097 06385 KTG 46467 b

1    of 1987 or dependent minor under Section 2-4 of that Act,
2    or (iii) to make reasonable progress toward the return of
3    the child to the parent during any 9-month period after the
4    end of the initial 9-month period following the
5    adjudication of neglected or abused minor under Section 2-3
6    of the Juvenile Court Act of 1987 or dependent minor under
7    Section 2-4 of that Act. If a service plan has been
8    established as required under Section 8.2 of the Abused and
9    Neglected Child Reporting Act to correct the conditions
10    that were the basis for the removal of the child from the
11    parent and if those services were available, then, for
12    purposes of this Act, "failure to make reasonable progress
13    toward the return of the child to the parent" includes (I)
14    the parent's failure to substantially fulfill his or her
15    obligations under the service plan and correct the
16    conditions that brought the child into care within 9 months
17    after the adjudication under Section 2-3 or 2-4 of the
18    Juvenile Court Act of 1987 and (II) the parent's failure to
19    substantially fulfill his or her obligations under the
20    service plan and correct the conditions that brought the
21    child into care during any 9-month period after the end of
22    the initial 9-month period following the adjudication
23    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
24    Notwithstanding any other provision, when a petition or
25    motion seeks to terminate parental rights on the basis of
26    item (iii) of this subsection (m), the petitioner shall

 

 

HB2976 Engrossed- 584 -LRB097 06385 KTG 46467 b

1    file with the court and serve on the parties a pleading
2    that specifies the 9-month period or periods relied on. The
3    pleading shall be filed and served on the parties no later
4    than 3 weeks before the date set by the court for closure
5    of discovery, and the allegations in the pleading shall be
6    treated as incorporated into the petition or motion.
7    Failure of a respondent to file a written denial of the
8    allegations in the pleading shall not be treated as an
9    admission that the allegations are true.
10        (m-1) Pursuant to the Juvenile Court Act of 1987, a
11    child has been in foster care for 15 months out of any 22
12    month period which begins on or after the effective date of
13    this amendatory Act of 1998 unless the child's parent can
14    prove by a preponderance of the evidence that it is more
15    likely than not that it will be in the best interests of
16    the child to be returned to the parent within 6 months of
17    the date on which a petition for termination of parental
18    rights is filed under the Juvenile Court Act of 1987. The
19    15 month time limit is tolled during any period for which
20    there is a court finding that the appointed custodian or
21    guardian failed to make reasonable efforts to reunify the
22    child with his or her family, provided that (i) the finding
23    of no reasonable efforts is made within 60 days of the
24    period when reasonable efforts were not made or (ii) the
25    parent filed a motion requesting a finding of no reasonable
26    efforts within 60 days of the period when reasonable

 

 

HB2976 Engrossed- 585 -LRB097 06385 KTG 46467 b

1    efforts were not made. For purposes of this subdivision
2    (m-1), the date of entering foster care is the earlier of:
3    (i) the date of a judicial finding at an adjudicatory
4    hearing that the child is an abused, neglected, or
5    dependent minor; or (ii) 60 days after the date on which
6    the child is removed from his or her parent, guardian, or
7    legal custodian.
8        (n) Evidence of intent to forgo his or her parental
9    rights, whether or not the child is a ward of the court,
10    (1) as manifested by his or her failure for a period of 12
11    months: (i) to visit the child, (ii) to communicate with
12    the child or agency, although able to do so and not
13    prevented from doing so by an agency or by court order, or
14    (iii) to maintain contact with or plan for the future of
15    the child, although physically able to do so, or (2) as
16    manifested by the father's failure, where he and the mother
17    of the child were unmarried to each other at the time of
18    the child's birth, (i) to commence legal proceedings to
19    establish his paternity under the Illinois Parentage Act of
20    1984 or the law of the jurisdiction of the child's birth
21    within 30 days of being informed, pursuant to Section 12a
22    of this Act, that he is the father or the likely father of
23    the child or, after being so informed where the child is
24    not yet born, within 30 days of the child's birth, or (ii)
25    to make a good faith effort to pay a reasonable amount of
26    the expenses related to the birth of the child and to

 

 

HB2976 Engrossed- 586 -LRB097 06385 KTG 46467 b

1    provide a reasonable amount for the financial support of
2    the child, the court to consider in its determination all
3    relevant circumstances, including the financial condition
4    of both parents; provided that the ground for termination
5    provided in this subparagraph (n)(2)(ii) shall only be
6    available where the petition is brought by the mother or
7    the husband of the mother.
8        Contact or communication by a parent with his or her
9    child that does not demonstrate affection and concern does
10    not constitute reasonable contact and planning under
11    subdivision (n). In the absence of evidence to the
12    contrary, the ability to visit, communicate, maintain
13    contact, pay expenses and plan for the future shall be
14    presumed. The subjective intent of the parent, whether
15    expressed or otherwise, unsupported by evidence of the
16    foregoing parental acts manifesting that intent, shall not
17    preclude a determination that the parent has intended to
18    forgo his or her parental rights. In making this
19    determination, the court may consider but shall not require
20    a showing of diligent efforts by an authorized agency to
21    encourage the parent to perform the acts specified in
22    subdivision (n).
23        It shall be an affirmative defense to any allegation
24    under paragraph (2) of this subsection that the father's
25    failure was due to circumstances beyond his control or to
26    impediments created by the mother or any other person

 

 

HB2976 Engrossed- 587 -LRB097 06385 KTG 46467 b

1    having legal custody. Proof of that fact need only be by a
2    preponderance of the evidence.
3        (o) Repeated or continuous failure by the parents,
4    although physically and financially able, to provide the
5    child with adequate food, clothing, or shelter.
6        (p) Inability to discharge parental responsibilities
7    supported by competent evidence from a psychiatrist,
8    licensed clinical social worker, or clinical psychologist
9    of mental impairment, mental illness or an intellectual
10    disability mental retardation as defined in Section 1-116
11    of the Mental Health and Developmental Disabilities Code,
12    or developmental disability as defined in Section 1-106 of
13    that Code, and there is sufficient justification to believe
14    that the inability to discharge parental responsibilities
15    shall extend beyond a reasonable time period. However, this
16    subdivision (p) shall not be construed so as to permit a
17    licensed clinical social worker to conduct any medical
18    diagnosis to determine mental illness or mental
19    impairment.
20        (q) (Blank).
21        (r) The child is in the temporary custody or
22    guardianship of the Department of Children and Family
23    Services, the parent is incarcerated as a result of
24    criminal conviction at the time the petition or motion for
25    termination of parental rights is filed, prior to
26    incarceration the parent had little or no contact with the

 

 

HB2976 Engrossed- 588 -LRB097 06385 KTG 46467 b

1    child or provided little or no support for the child, and
2    the parent's incarceration will prevent the parent from
3    discharging his or her parental responsibilities for the
4    child for a period in excess of 2 years after the filing of
5    the petition or motion for termination of parental rights.
6        (s) The child is in the temporary custody or
7    guardianship of the Department of Children and Family
8    Services, the parent is incarcerated at the time the
9    petition or motion for termination of parental rights is
10    filed, the parent has been repeatedly incarcerated as a
11    result of criminal convictions, and the parent's repeated
12    incarceration has prevented the parent from discharging
13    his or her parental responsibilities for the child.
14        (t) A finding that at birth the child's blood, urine,
15    or meconium contained any amount of a controlled substance
16    as defined in subsection (f) of Section 102 of the Illinois
17    Controlled Substances Act, or a metabolite of a controlled
18    substance, with the exception of controlled substances or
19    metabolites of such substances, the presence of which in
20    the newborn infant was the result of medical treatment
21    administered to the mother or the newborn infant, and that
22    the biological mother of this child is the biological
23    mother of at least one other child who was adjudicated a
24    neglected minor under subsection (c) of Section 2-3 of the
25    Juvenile Court Act of 1987, after which the biological
26    mother had the opportunity to enroll in and participate in

 

 

HB2976 Engrossed- 589 -LRB097 06385 KTG 46467 b

1    a clinically appropriate substance abuse counseling,
2    treatment, and rehabilitation program.
3    E. "Parent" means the father or mother of a lawful child of
4the parties or child born out of wedlock. For the purpose of
5this Act, a person who has executed a final and irrevocable
6consent to adoption or a final and irrevocable surrender for
7purposes of adoption, or whose parental rights have been
8terminated by a court, is not a parent of the child who was the
9subject of the consent or surrender, unless the consent is void
10pursuant to subsection O of Section 10.
11    F. A person is available for adoption when the person is:
12        (a) a child who has been surrendered for adoption to an
13    agency and to whose adoption the agency has thereafter
14    consented;
15        (b) a child to whose adoption a person authorized by
16    law, other than his parents, has consented, or to whose
17    adoption no consent is required pursuant to Section 8 of
18    this Act;
19        (c) a child who is in the custody of persons who intend
20    to adopt him through placement made by his parents;
21        (c-1) a child for whom a parent has signed a specific
22    consent pursuant to subsection O of Section 10;
23        (d) an adult who meets the conditions set forth in
24    Section 3 of this Act; or
25        (e) a child who has been relinquished as defined in
26    Section 10 of the Abandoned Newborn Infant Protection Act.

 

 

HB2976 Engrossed- 590 -LRB097 06385 KTG 46467 b

1    A person who would otherwise be available for adoption
2shall not be deemed unavailable for adoption solely by reason
3of his or her death.
4    G. The singular includes the plural and the plural includes
5the singular and the "male" includes the "female", as the
6context of this Act may require.
7    H. "Adoption disruption" occurs when an adoptive placement
8does not prove successful and it becomes necessary for the
9child to be removed from placement before the adoption is
10finalized.
11    I. "Foreign placing agency" is an agency or individual
12operating in a country or territory outside the United States
13that is authorized by its country to place children for
14adoption either directly with families in the United States or
15through United States based international agencies.
16    J. "Immediate relatives" means the biological parents, the
17parents of the biological parents and siblings of the
18biological parents.
19    K. "Intercountry adoption" is a process by which a child
20from a country other than the United States is adopted.
21    L. "Intercountry Adoption Coordinator" is a staff person of
22the Department of Children and Family Services appointed by the
23Director to coordinate the provision of services by the public
24and private sector to prospective parents of foreign-born
25children.
26    M. "Interstate Compact on the Placement of Children" is a

 

 

HB2976 Engrossed- 591 -LRB097 06385 KTG 46467 b

1law enacted by most states for the purpose of establishing
2uniform procedures for handling the interstate placement of
3children in foster homes, adoptive homes, or other child care
4facilities.
5    N. "Non-Compact state" means a state that has not enacted
6the Interstate Compact on the Placement of Children.
7    O. "Preadoption requirements" are any conditions
8established by the laws or regulations of the Federal
9Government or of each state that must be met prior to the
10placement of a child in an adoptive home.
11    P. "Abused child" means a child whose parent or immediate
12family member, or any person responsible for the child's
13welfare, or any individual residing in the same home as the
14child, or a paramour of the child's parent:
15        (a) inflicts, causes to be inflicted, or allows to be
16    inflicted upon the child physical injury, by other than
17    accidental means, that causes death, disfigurement,
18    impairment of physical or emotional health, or loss or
19    impairment of any bodily function;
20        (b) creates a substantial risk of physical injury to
21    the child by other than accidental means which would be
22    likely to cause death, disfigurement, impairment of
23    physical or emotional health, or loss or impairment of any
24    bodily function;
25        (c) commits or allows to be committed any sex offense
26    against the child, as sex offenses are defined in the

 

 

HB2976 Engrossed- 592 -LRB097 06385 KTG 46467 b

1    Criminal Code of 1961 and extending those definitions of
2    sex offenses to include children under 18 years of age;
3        (d) commits or allows to be committed an act or acts of
4    torture upon the child; or
5        (e) inflicts excessive corporal punishment.
6    Q. "Neglected child" means any child whose parent or other
7person responsible for the child's welfare withholds or denies
8nourishment or medically indicated treatment including food or
9care denied solely on the basis of the present or anticipated
10mental or physical impairment as determined by a physician
11acting alone or in consultation with other physicians or
12otherwise does not provide the proper or necessary support,
13education as required by law, or medical or other remedial care
14recognized under State law as necessary for a child's
15well-being, or other care necessary for his or her well-being,
16including adequate food, clothing and shelter; or who is
17abandoned by his or her parents or other person responsible for
18the child's welfare.
19    A child shall not be considered neglected or abused for the
20sole reason that the child's parent or other person responsible
21for his or her welfare depends upon spiritual means through
22prayer alone for the treatment or cure of disease or remedial
23care as provided under Section 4 of the Abused and Neglected
24Child Reporting Act. A child shall not be considered neglected
25or abused for the sole reason that the child's parent or other
26person responsible for the child's welfare failed to vaccinate,

 

 

HB2976 Engrossed- 593 -LRB097 06385 KTG 46467 b

1delayed vaccination, or refused vaccination for the child due
2to a waiver on religious or medical grounds as permitted by
3law.
4    R. "Putative father" means a man who may be a child's
5father, but who (1) is not married to the child's mother on or
6before the date that the child was or is to be born and (2) has
7not established paternity of the child in a court proceeding
8before the filing of a petition for the adoption of the child.
9The term includes a male who is less than 18 years of age.
10"Putative father" does not mean a man who is the child's father
11as a result of criminal sexual abuse or assault as defined
12under Article 12 of the Criminal Code of 1961.
13    S. "Standby adoption" means an adoption in which a parent
14consents to custody and termination of parental rights to
15become effective upon the occurrence of a future event, which
16is either the death of the parent or the request of the parent
17for the entry of a final judgment of adoption.
18    T. (Blank).
19(Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563,
20eff. 1-1-06; 94-939, eff. 1-1-07.)
 
21    (750 ILCS 50/12)  (from Ch. 40, par. 1514)
22    Sec. 12. Consent of child or adult. If, upon the date of
23the entry of the judgment the person sought to be adopted is of
24the age of 14 years or upwards, the adoption shall not be made
25without the consent of such person. Such consent shall be in

 

 

HB2976 Engrossed- 594 -LRB097 06385 KTG 46467 b

1writing and shall be acknowledged by such person as provided in
2Section 10 of this Act, provided, that if such person is in
3need of mental treatment or is intellectually disabled mentally
4retarded, the court may waive the provisions of this Section.
5No consent shall be required under this Section if the person
6sought to be adopted has died before giving such consent.
7(Source: P.A. 85-517.)
 
8    Section 170. The Probate Act of 1975 is amended by changing
9Section 11a-1 as follows:
 
10    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
11    Sec. 11a-1. Developmental disability defined.)
12"Developmental disability" means a disability which is
13attributable to: (a) an intellectual disability mental
14retardation, cerebral palsy, epilepsy or autism; or to (b) any
15other condition which results in impairment similar to that
16caused by an intellectual disability mental retardation and
17which requires services similar to those required by
18intellectually disabled mentally retarded persons. Such
19disability must originate before the age of 18 years, be
20expected to continue indefinitely, and constitute a
21substantial handicap.
22(Source: P.A. 80-1415.)
 
23    Section 175. The Health Care Surrogate Act is amended by

 

 

HB2976 Engrossed- 595 -LRB097 06385 KTG 46467 b

1changing Section 20 as follows:
 
2    (755 ILCS 40/20)  (from Ch. 110 1/2, par. 851-20)
3    Sec. 20. Private decision making process.     (a)
4Decisions whether to forgo life-sustaining or any other form of
5medical treatment involving an adult patient with decisional
6capacity may be made by that adult patient.
7    (b) Decisions whether to forgo life-sustaining treatment
8on behalf of a patient without decisional capacity are lawful,
9without resort to the courts or legal process, if the patient
10has a qualifying condition and if the decisions are made in
11accordance with one of the following paragraphs in this
12subsection and otherwise meet the requirements of this Act:
13        (1) Decisions whether to forgo life-sustaining
14    treatment on behalf of a minor or an adult patient who
15    lacks decisional capacity may be made by a surrogate
16    decision maker or makers in consultation with the attending
17    physician, in the order or priority provided in Section 25.
18    A surrogate decision maker shall make decisions for the
19    adult patient conforming as closely as possible to what the
20    patient would have done or intended under the
21    circumstances, taking into account evidence that includes,
22    but is not limited to, the patient's personal,
23    philosophical, religious and moral beliefs and ethical
24    values relative to the purpose of life, sickness, medical
25    procedures, suffering, and death. Where possible, the

 

 

HB2976 Engrossed- 596 -LRB097 06385 KTG 46467 b

1    surrogate shall determine how the patient would have
2    weighed the burdens and benefits of initiating or
3    continuing life-sustaining treatment against the burdens
4    and benefits of that treatment. In the event an unrevoked
5    advance directive, such as a living will, a declaration for
6    mental health treatment, or a power of attorney for health
7    care, is no longer valid due to a technical deficiency or
8    is not applicable to the patient's condition, that document
9    may be used as evidence of a patient's wishes. The absence
10    of a living will, declaration for mental health treatment,
11    or power of attorney for health care shall not give rise to
12    any presumption as to the patient's preferences regarding
13    the initiation or continuation of life-sustaining
14    procedures. If the adult patient's wishes are unknown and
15    remain unknown after reasonable efforts to discern them or
16    if the patient is a minor, the decision shall be made on
17    the basis of the patient's best interests as determined by
18    the surrogate decision maker. In determining the patient's
19    best interests, the surrogate shall weigh the burdens on
20    and benefits to the patient of initiating or continuing
21    life-sustaining treatment against the burdens and benefits
22    of that treatment and shall take into account any other
23    information, including the views of family and friends,
24    that the surrogate decision maker believes the patient
25    would have considered if able to act for herself or
26    himself.

 

 

HB2976 Engrossed- 597 -LRB097 06385 KTG 46467 b

1        (2) Decisions whether to forgo life-sustaining
2    treatment on behalf of a minor or an adult patient who
3    lacks decisional capacity, but without any surrogate
4    decision maker or guardian being available determined
5    after reasonable inquiry by the health care provider, may
6    be made by a court appointed guardian. A court appointed
7    guardian shall be treated as a surrogate for the purposes
8    of this Act.
9    (b-5) Decisions concerning medical treatment on behalf of a
10patient without decisional capacity are lawful, without resort
11to the courts or legal process, if the patient does not have a
12qualifying condition and if decisions are made in accordance
13with one of the following paragraphs in this subsection and
14otherwise meet the requirements of this Act:
15        (1) Decisions concerning medical treatment on behalf
16    of a minor or adult patient who lacks decisional capacity
17    may be made by a surrogate decision maker or makers in
18    consultation with the attending physician, in the order of
19    priority provided in Section 25 with the exception that
20    decisions to forgo life-sustaining treatment may be made
21    only when a patient has a qualifying condition. A surrogate
22    decision maker shall make decisions for the patient
23    conforming as closely as possible to what the patient would
24    have done or intended under the circumstances, taking into
25    account evidence that includes, but is not limited to, the
26    patient's personal, philosophical, religious, and moral

 

 

HB2976 Engrossed- 598 -LRB097 06385 KTG 46467 b

1    beliefs and ethical values relative to the purpose of life,
2    sickness, medical procedures, suffering, and death. In the
3    event an unrevoked advance directive, such as a living
4    will, a declaration for mental health treatment, or a power
5    of attorney for health care, is no longer valid due to a
6    technical deficiency or is not applicable to the patient's
7    condition, that document may be used as evidence of a
8    patient's wishes. The absence of a living will, declaration
9    for mental health treatment, or power of attorney for
10    health care shall not give rise to any presumption as to
11    the patient's preferences regarding any process. If the
12    adult patient's wishes are unknown and remain unknown after
13    reasonable efforts to discern them or if the patient is a
14    minor, the decision shall be made on the basis of the
15    patient's best interests as determined by the surrogate
16    decision maker. In determining the patient's best
17    interests, the surrogate shall weigh the burdens on and
18    benefits to the patient of the treatment against the
19    burdens and benefits of that treatment and shall take into
20    account any other information, including the views of
21    family and friends, that the surrogate decision maker
22    believes the patient would have considered if able to act
23    for herself or himself.
24        (2) Decisions concerning medical treatment on behalf
25    of a minor or adult patient who lacks decisional capacity,
26    but without any surrogate decision maker or guardian being

 

 

HB2976 Engrossed- 599 -LRB097 06385 KTG 46467 b

1    available as determined after reasonable inquiry by the
2    health care provider, may be made by a court appointed
3    guardian. A court appointed guardian shall be treated as a
4    surrogate for the purposes of this Act.
5    (c) For the purposes of this Act, a patient or surrogate
6decision maker is presumed to have decisional capacity in the
7absence of actual notice to the contrary without regard to
8advanced age. With respect to a patient, a diagnosis of mental
9illness or an intellectual disability mental retardation, of
10itself, is not a bar to a determination of decisional capacity.
11A determination that an adult patient lacks decisional capacity
12shall be made by the attending physician to a reasonable degree
13of medical certainty. The determination shall be in writing in
14the patient's medical record and shall set forth the attending
15physician's opinion regarding the cause, nature, and duration
16of the patient's lack of decisional capacity. Before
17implementation of a decision by a surrogate decision maker to
18forgo life-sustaining treatment, at least one other qualified
19physician must concur in the determination that an adult
20patient lacks decisional capacity. The concurring
21determination shall be made in writing in the patient's medical
22record after personal examination of the patient. The attending
23physician shall inform the patient that it has been determined
24that the patient lacks decisional capacity and that a surrogate
25decision maker will be making life-sustaining treatment
26decisions on behalf of the patient. Moreover, the patient shall

 

 

HB2976 Engrossed- 600 -LRB097 06385 KTG 46467 b

1be informed of the identity of the surrogate decision maker and
2any decisions made by that surrogate. If the person identified
3as the surrogate decision maker is not a court appointed
4guardian and the patient objects to the statutory surrogate
5decision maker or any decision made by that surrogate decision
6maker, then the provisions of this Act shall not apply.
7    (d) A surrogate decision maker acting on behalf of the
8patient shall express decisions to forgo life-sustaining
9treatment to the attending physician and one adult witness who
10is at least 18 years of age. This decision and the substance of
11any known discussion before making the decision shall be
12documented by the attending physician in the patient's medical
13record and signed by the witness.
14    (e) The existence of a qualifying condition shall be
15documented in writing in the patient's medical record by the
16attending physician and shall include its cause and nature, if
17known. The written concurrence of another qualified physician
18is also required.
19    (f) Once the provisions of this Act are complied with, the
20attending physician shall thereafter promptly implement the
21decision to forgo life-sustaining treatment on behalf of the
22patient unless he or she believes that the surrogate decision
23maker is not acting in accordance with his or her
24responsibilities under this Act, or is unable to do so for
25reasons of conscience or other personal views or beliefs.
26    (g) In the event of a patient's death as determined by a

 

 

HB2976 Engrossed- 601 -LRB097 06385 KTG 46467 b

1physician, all life-sustaining treatment and other medical
2care is to be terminated, unless the patient is an organ donor,
3in which case appropriate organ donation treatment may be
4applied or continued temporarily.
5(Source: P.A. 93-794, eff. 7-22-04.)
 
6    Section 177. The Consumer Fraud and Deceptive Business
7Practices Act is amended by changing Section 2BBB as follows:
 
8    (815 ILCS 505/2BBB)
9    Sec. 2BBB. Long term care or ID/DD MR/DD facility; Consumer
10Choice Information Report. A long term care facility that fails
11to comply with Section 2-214 of the Nursing Home Care Act or a
12facility that fails to comply with Section 2-214 of the ID/DD
13MR/DD Community Care Act commits an unlawful practice within
14the meaning of this Act.
15(Source: P.A. 95-823, eff. 1-1-09; 96-328, eff. 8-11-09;
1696-339, eff. 7-1-10.)
 
17    Section 999. Effective date. This Act takes effect June 1,
182012.

 

 

HB2976 Engrossed- 602 -LRB097 06385 KTG 46467 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 70/1.37 new
4    5 ILCS 100/5-146 new
5    5 ILCS 390/3from Ch. 127, par. 3903
6    10 ILCS 5/3-3from Ch. 46, par. 3-3
7    10 ILCS 5/4-6.3from Ch. 46, par. 4-6.3
8    10 ILCS 5/4-10from Ch. 46, par. 4-10
9    10 ILCS 5/5-9from Ch. 46, par. 5-9
10    10 ILCS 5/5-16.3from Ch. 46, par. 5-16.3
11    10 ILCS 5/6-50.3from Ch. 46, par. 6-50.3
12    10 ILCS 5/6-56from Ch. 46, par. 6-56
13    10 ILCS 5/19-4from Ch. 46, par. 19-4
14    10 ILCS 5/19-12.1from Ch. 46, par. 19-12.1
15    10 ILCS 5/19-12.2from Ch. 46, par. 19-12.2
16    15 ILCS 310/18cfrom Ch. 124, par. 118c
17    15 ILCS 335/4Afrom Ch. 124, par. 24A
18    20 ILCS 105/4.08
19    20 ILCS 1705/7from Ch. 91 1/2, par. 100-7
20    20 ILCS 1705/15from Ch. 91 1/2, par. 100-15
21    20 ILCS 1705/34from Ch. 91 1/2, par. 100-34
22    20 ILCS 1705/43from Ch. 91 1/2, par. 100-43
23    20 ILCS 1705/45from Ch. 91 1/2, par. 100-45
24    20 ILCS 1705/46from Ch. 91 1/2, par. 100-46
25    20 ILCS 1705/57.6

 

 

HB2976 Engrossed- 603 -LRB097 06385 KTG 46467 b

1    20 ILCS 2310/2310-550was 20 ILCS 2310/55.40
2    20 ILCS 2310/2310-560was 20 ILCS 2310/55.87
3    20 ILCS 2310/2310-565was 20 ILCS 2310/55.88
4    20 ILCS 2310/2310-625
5    20 ILCS 2407/10
6    20 ILCS 2407/52
7    20 ILCS 2435/15from Ch. 23, par. 3395-15
8    20 ILCS 3501/801-10
9    20 ILCS 3960/3from Ch. 111 1/2, par. 1153
10    20 ILCS 3960/12from Ch. 111 1/2, par. 1162
11    20 ILCS 3960/13from Ch. 111 1/2, par. 1163
12    20 ILCS 3960/14.1
13    30 ILCS 105/8.8from Ch. 127, par. 144.8
14    30 ILCS 575/2
15    35 ILCS 5/806
16    35 ILCS 105/3-5
17    35 ILCS 110/3-5
18    35 ILCS 110/3-10from Ch. 120, par. 439.33-10
19    35 ILCS 115/3-5
20    35 ILCS 115/3-10from Ch. 120, par. 439.103-10
21    35 ILCS 120/2-5
22    35 ILCS 200/15-168
23    35 ILCS 200/15-170
24    35 ILCS 200/15-172
25    55 ILCS 5/5-25013from Ch. 34, par. 5-25013
26    55 ILCS 105/Act title

 

 

HB2976 Engrossed- 604 -LRB097 06385 KTG 46467 b

1    55 ILCS 105/1from Ch. 91 1/2, par. 201
2    55 ILCS 105/1.1
3    55 ILCS 105/1.2
4    60 ILCS 1/30-145
5    60 ILCS 1/190-10
6    60 ILCS 1/260-5
7    70 ILCS 905/17from Ch. 111 1/2, par. 17
8    70 ILCS 3615/4.03from Ch. 111 2/3, par. 704.03
9    105 ILCS 5/2-3.83from Ch. 122, par. 2-3.83
10    105 ILCS 5/14-1.03afrom Ch. 122, par. 14-1.03a
11    105 ILCS 5/21-28
12    110 ILCS 70/36sfrom Ch. 24 1/2, par. 38b18
13    210 ILCS 3/15
14    210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
15    210 ILCS 9/10
16    210 ILCS 9/35
17    210 ILCS 9/55
18    210 ILCS 9/145
19    210 ILCS 28/10
20    210 ILCS 28/50
21    210 ILCS 30/3from Ch. 111 1/2, par. 4163
22    210 ILCS 30/4from Ch. 111 1/2, par. 4164
23    210 ILCS 30/6from Ch. 111 1/2, par. 4166
24    210 ILCS 45/1-113from Ch. 111 1/2, par. 4151-113
25    210 ILCS 45/3-202.5
26    210 ILCS 47/1-101

 

 

HB2976 Engrossed- 605 -LRB097 06385 KTG 46467 b

1    210 ILCS 47/1-113
2    210 ILCS 55/2.08
3    210 ILCS 60/3from Ch. 111 1/2, par. 6103
4    210 ILCS 60/4from Ch. 111 1/2, par. 6104
5    210 ILCS 85/3
6    210 ILCS 85/6.09from Ch. 111 1/2, par. 147.09
7    210 ILCS 85/6.11from Ch. 111 1/2, par. 147.11
8    210 ILCS 87/10
9    210 ILCS 135/4from Ch. 91 1/2, par. 1704
10    225 ILCS 10/2.06from Ch. 23, par. 2212.06
11    225 ILCS 10/7from Ch. 23, par. 2217
12    225 ILCS 46/15
13    225 ILCS 70/4from Ch. 111, par. 3654
14    225 ILCS 70/17from Ch. 111, par. 3667
15    225 ILCS 85/3
16    225 ILCS 510/3from Ch. 111, par. 953
17    305 ILCS 5/5-1.1from Ch. 23, par. 5-1.1
18    305 ILCS 5/5-5.4from Ch. 23, par. 5-5.4
19    305 ILCS 5/5-5.7from Ch. 23, par. 5-5.7
20    305 ILCS 5/5-5.17from Ch. 23, par. 5-5.17
21    305 ILCS 5/5-6from Ch. 23, par. 5-6
22    305 ILCS 5/5-13from Ch. 23, par. 5-13
23    305 ILCS 5/5B-1from Ch. 23, par. 5B-1
24    305 ILCS 5/5C-1from Ch. 23, par. 5C-1
25    305 ILCS 5/5E-5
26    305 ILCS 5/8A-11from Ch. 23, par. 8A-11

 

 

HB2976 Engrossed- 606 -LRB097 06385 KTG 46467 b

1    305 ILCS 5/11-4.1
2    305 ILCS 5/12-4.42
3    305 ILCS 35/1-2from Ch. 23, par. 7051-2
4    305 ILCS 40/5from Ch. 23, par. 7100-5
5    320 ILCS 20/2from Ch. 23, par. 6602
6    320 ILCS 42/10
7    405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
8    405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
9    405 ILCS 5/1-122.4from Ch. 91 1/2, par. 1-122.4
10    405 ILCS 5/2-107from Ch. 91 1/2, par. 2-107
11    405 ILCS 5/3-200from Ch. 91 1/2, par. 3-200
12    405 ILCS 5/4-201from Ch. 91 1/2, par. 4-201
13    405 ILCS 5/4-201.1from Ch. 91 1/2, par. 4-201.1
14    405 ILCS 5/4-203from Ch. 91 1/2, par. 4-203
15    405 ILCS 5/4-209from Ch. 91 1/2, par. 4-209
16    405 ILCS 5/Ch. IV Art. IV
17    heading
18    405 ILCS 5/4-400from Ch. 91 1/2, par. 4-400
19    405 ILCS 5/Ch. IV Art. V
20    heading
21    405 ILCS 5/4-500from Ch. 91 1/2, par. 4-500
22    405 ILCS 5/4-701from Ch. 91 1/2, par. 4-701
23    405 ILCS 20/3efrom Ch. 91 1/2, par. 303e
24    405 ILCS 25/2.03from Ch. 91 1/2, par. 602.03
25    405 ILCS 40/1from Ch. 91 1/2, par. 1151
26    405 ILCS 45/3from Ch. 91 1/2, par. 1353

 

 

HB2976 Engrossed- 607 -LRB097 06385 KTG 46467 b

1    405 ILCS 80/2-3from Ch. 91 1/2, par. 1802-3
2    405 ILCS 80/2-5from Ch. 91 1/2, par. 1802-5
3    405 ILCS 80/2-17
4    405 ILCS 80/3-3from Ch. 91 1/2, par. 1803-3
5    405 ILCS 80/3-5from Ch. 91 1/2, par. 1803-5
6    405 ILCS 80/5-1from Ch. 91 1/2, par. 1805-1
7    405 ILCS 80/5-4
8    405 ILCS 80/6-1
9    410 ILCS 50/2.03from Ch. 111 1/2, par. 5402.03
10    410 ILCS 240/2from Ch. 111 1/2, par. 4904
11    410 ILCS 250/2from Ch. 111 1/2, par. 2102
12    410 ILCS 315/1from Ch. 111 1/2, par. 22.11
13    425 ILCS 10/1from Ch. 127 1/2, par. 821
14    430 ILCS 65/4from Ch. 38, par. 83-4
15    430 ILCS 65/8from Ch. 38, par. 83-8
16    720 ILCS 5/2-10.1from Ch. 38, par. 2-10.1
17    720 ILCS 5/10-1from Ch. 38, par. 10-1
18    720 ILCS 5/10-2from Ch. 38, par. 10-2
19    720 ILCS 5/10-5from Ch. 38, par. 10-5
20    720 ILCS 5/11-14.1
21    720 ILCS 5/11-15.1from Ch. 38, par. 11-15.1
22    720 ILCS 5/11-17.1from Ch. 38, par. 11-17.1
23    720 ILCS 5/11-18.1from Ch. 38, par. 11-18.1
24    720 ILCS 5/11-19.1from Ch. 38, par. 11-19.1
25    720 ILCS 5/11-19.2from Ch. 38, par. 11-19.2
26    720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1

 

 

HB2976 Engrossed- 608 -LRB097 06385 KTG 46467 b

1    720 ILCS 5/11-20.3
2    720 ILCS 5/12-4.3from Ch. 38, par. 12-4.3
3    720 ILCS 5/12-14from Ch. 38, par. 12-14
4    720 ILCS 5/12-16from Ch. 38, par. 12-16
5    720 ILCS 5/12-19from Ch. 38, par. 12-19
6    720 ILCS 5/12-21from Ch. 38, par. 12-21
7    720 ILCS 5/17-29
8    720 ILCS 5/24-3from Ch. 38, par. 24-3
9    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
10    720 ILCS 5/26-1from Ch. 38, par. 26-1
11    725 ILCS 5/102-23
12    725 ILCS 5/106B-5
13    725 ILCS 5/114-15
14    725 ILCS 5/115-10from Ch. 38, par. 115-10
15    725 ILCS 5/122-2.2
16    730 ILCS 5/5-1-8from Ch. 38, par. 1005-1-8
17    730 ILCS 5/5-1-13from Ch. 38, par. 1005-1-13
18    730 ILCS 5/5-2-6from Ch. 38, par. 1005-2-6
19    730 ILCS 5/5-5-3.1from Ch. 38, par. 1005-5-3.1
20    730 ILCS 5/5-5-3.2
21    730 ILCS 175/45-10
22    735 ILCS 5/2-203from Ch. 110, par. 2-203
23    735 ILCS 5/8-201from Ch. 110, par. 8-201
24    740 ILCS 128/10
25    745 ILCS 80/1from Ch. 70, par. 701
26    750 ILCS 50/1from Ch. 40, par. 1501

 

 

HB2976 Engrossed- 609 -LRB097 06385 KTG 46467 b

1    750 ILCS 50/12from Ch. 40, par. 1514
2    755 ILCS 5/11a-1from Ch. 110 1/2, par. 11a-1
3    755 ILCS 40/20from Ch. 110 1/2, par. 851-20
4    815 ILCS 505/2BBB