97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2976

 

Introduced 2/23/2011, by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Mental Health and Developmental Disabilities Administrative Act, the Disabilities Services Act of 2003, the Community Mental Health Act, the Developmental Disability and Mental Disability Services Act, and other various Acts. Changes all occurrences of "mental retardation" to "intellectual disability", changes all occurrences of "mentally retarded person" to "intellectually disabled person", and changes the title of the "MR/DD Community Care Act" and all references to that Act to the "ID/DD Community Care Act". Effective June 1, 2012.


LRB097 06385 KTG 46467 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2976LRB097 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

 

 

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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.
 

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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) ............................."
 

 

 

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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

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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- 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- 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- 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- 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- 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- 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- 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

 

 

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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- 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- 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

 

 

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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- 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- 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- 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 MR/DD
10Community 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- 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- 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- 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- 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- 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- 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- 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- 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- 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- 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- 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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- 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- 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- 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- 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- 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- 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- 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- 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.)
 

 

 

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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

 

 

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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:

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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 MR/DD
16community care facility", for the purposes of this Article,
17means a skilled nursing or intermediate long-term care facility
18subject to licensure by the Department of Public Health under
19the ID/DD MR/DD Community Care Act, an intermediate care
20facility for the developmentally disabled (ICF-DDs), and a
21State-operated developmental center or mental health center,
22whether 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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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- 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- 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- 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- 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- 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

 

 

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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- 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- 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- 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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- 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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- 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- 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- 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:

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)
 

 

 

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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:
 

 

 

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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:

 

 

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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- 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- 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- 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- 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- 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- 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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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- 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

 

 

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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

 

 

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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,

 

 

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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- 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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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,

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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- 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

 

 

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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)

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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- 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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,

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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- 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)

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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- 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- 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- 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- 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- 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- 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- 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- 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- 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- 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- 223 -LRB097 06385 KTG 46467 b

1who are intellectually disabled mentally retarded or under a
2developmental disability and who ar