Public Act 097-0227
 
SB1833 EnrolledLRB097 07747 KTG 47859 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Rule of construction. This Act shall be
construed to make amendments to provisions of State law to
substitute the term "intellectual disability" for "mental
retardation", "intellectually disabled" for "mentally
retarded", "ID/DD Community Care Act" for "MR/DD Community Care
Act", "physically disabled" for "crippled", and "physical
disability" or "physically disabling", as appropriate, for
"crippling" without any intent to change the substantive
rights, responsibilities, coverage, eligibility, or
definitions referred to in the amended provisions represented
in this Act.
 
    Section 3. The Statute on Statutes is amended by adding
Sections 1.37 and 1.38 as follows:
 
    (5 ILCS 70/1.37 new)
    Sec. 1.37. Intellectual disability. Except where the
context indicates otherwise, in any rule, contract, or other
document a reference to the term "mental retardation" shall be
considered a reference to the term "intellectual disability"
and a reference to the term "mentally retarded" shall be
considered a reference to the term "intellectually disabled".
The use of either "mental retardation" or "intellectually
disabled", or "mentally retarded" or "intellectually disabled"
shall not invalidate any rule, contract, or other document.
 
    (5 ILCS 70/1.38 new)
    Sec. 1.38. Physical disability. Except where the context
indicates otherwise, in any rule, contract, or other document a
reference to the term "crippled" shall be considered a
reference to the term "physically disabled" and a reference to
the term "crippling" shall be considered a reference to the
term "physical disability" or "physically disabling", as
appropriate, when referring to a person. The use of either
"crippled" or "physically disabled", or "crippling" or
"physical disability" shall not invalidate any rule, contract,
or other document.
 
    Section 4. The Illinois Administrative Procedure Act is
amended by adding Sections 5-146 and 5-147 as follows:
 
    (5 ILCS 100/5-146 new)
    Sec. 5-146. Rule change; intellectual disability. Any
State agency with a rule that contains the term "mentally
retarded" or "mental retardation" shall amend the text of the
rule to substitute the term "intellectually disabled" for
"mentally retarded" and "intellectual disability" for "mental
retardation", and shall make any other changes that may be
necessary to conform to the changes made by this amendatory Act
of the 97th General Assembly.
 
    (5 ILCS 100/5-147 new)
    Sec. 5-147. Rule change; physical disability. Any State
agency with a rule that contains the term "crippled" or
"crippling" to refer to a person with a physical disability
shall amend the text of the rule to substitute the term
"physically disabled" for "crippled" and "physical disability"
or "physically disabling", as appropriate, for "crippling",
and shall make any other changes that may be necessary to
conform to the changes made by this amendatory Act of the 97th
General Assembly.
 
    Section 5. The Supported Employees Act is amended by
changing Section 3 as follows:
 
    (5 ILCS 390/3)  (from Ch. 127, par. 3903)
    Sec. 3. As used in this Act:
    (a) "Agency" means those Departments, Boards, Commissions
and Authorities that are under the jurisdiction and control of
the Governor and are subject to the provisions and requirements
of the Personnel Code, the State Universities Civil Service Act
and the Secretary of State Merit Employment Code.
    (b) "Department" means the Department of Central
Management Services.
    (c) "Director" means the Director of the Department of
Central Management Services.
    (d) "Supported employee" means any individual who:
        (1) has a severe physical or mental disability which
    seriously limits functional capacities including but not
    limited to mobility, communication, self-care,
    self-direction, work tolerance or work skills, in terms of
    employability as defined, determined and certified by the
    Department of Human Services; and
        (2) has one or more physical or mental disabilities
    resulting from amputation; arthritis; blindness; cancer;
    cerebral palsy; cystic fibrosis; deafness; heart disease;
    hemiplegia; respiratory or pulmonary dysfunction; an
    intellectual disability mental retardation; mental
    illness; multiple sclerosis; muscular dystrophy;
    musculoskeletal disorders; neurological disorders,
    including stroke and epilepsy; paraplegia; quadriplegia
    and other spinal cord conditions; sickle cell anemia; and
    end-stage renal disease; or another disability or
    combination of disabilities determined on the basis of an
    evaluation of rehabilitation potential to cause comparable
    substantial functional limitation.
    (e) "Supported employment" means competitive work in
integrated work settings:
        (1) for individuals with severe handicaps for whom
    competitive employment has not traditionally occurred, or
        (2) for individuals for whom competitive employment
    has been interrupted or intermittent as a result of a
    severe disability, and who because of their handicap, need
    on-going support services to perform such work. The term
    includes transitional employment for individuals with
    chronic mental illness.
    (f) "Participation in a supported employee program" means
participation as a supported employee that is not based on the
expectation that an individual will have the skills to perform
all the duties in a job class, but on the assumption that with
support and adaptation, or both, a job can be designed to take
advantage of the supported employee's special strengths.
    (g) "Funder" means any entity either State, local or
federal, or private not-for-profit or for-profit that provides
monies to programs that provide services related to supported
employment.
    (h) "Provider" means any entity either public or private
that provides technical support and services to any department
or agency subject to the control of the Governor, the Secretary
of State or the University Civil Service System.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 7. The Election Code is amended by changing
Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
19-12.1, and 19-12.2 as follows:
 
    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
    Sec. 3-3. Every honorably discharged soldier or sailor who
is an inmate of any soldiers' and sailors' home within the
State of Illinois, any person who is a resident of a facility
licensed or certified pursuant to the Nursing Home Care Act or
the ID/DD MR/DD Community Care Act, or any person who is a
resident of a community-integrated living arrangement, as
defined in Section 3 of the Community-Integrated Living
Arrangements Licensure and Certification Act, for 30 days or
longer, and who is a citizen of the United States and has
resided in this State and in the election district 30 days next
preceding any election shall be entitled to vote in the
election district in which any such home or
community-integrated living arrangement in which he is an
inmate or resident is located, for all officers that now are or
hereafter may be elected by the people, and upon all questions
that may be submitted to the vote of the people: Provided, that
he shall declare upon oath, that it was his bona fide intention
at the time he entered said home or community-integrated living
arrangement to become a resident thereof.
(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;
96-1000, eff. 7-2-10.)
 
    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
    Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act or
the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
Homes, shopping centers, business districts, public buildings
and county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
    Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act or the ID/DD MR/DD
Community Care Act, the following question shall be put, "When
you entered the home which is your present address, was it your
bona fide intention to become a resident thereof?" Any voter of
a township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of any precinct registration and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
    Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
    "I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
 
    All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)  
                   )ss
County of ..........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10.)
 
    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
    Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act or the ID/DD MR/DD
Community Care Act, the following question shall be put, "When
you entered the home which is your present address, was it your
bona fide intention to become a resident thereof?" Any voter of
a township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of precinct registration, and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
    Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
    "I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
    All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)  
                 )ss
County of ........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.

 
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10.)
 
    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
    Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of time and place of
registration at any such temporary place of registration under
this Section shall be published by the county clerk in a
newspaper having a general circulation in the county not less
than 3 nor more than 15 days before the holding of such
registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act or
the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
Homes, shopping centers, business districts, public buildings
and county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
    Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration at any such temporary place of registration under
this Section shall be published by the board of election
commissioners in a newspaper having a general circulation in
the city, village or incorporated town not less than 3 nor more
than 15 days before the holding of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to facilities
licensed or certified pursuant to the Nursing Home Care Act or
the ID/DD MR/DD Community Care Act, Soldiers' and Sailors'
Homes, shopping centers, business districts, public buildings
and county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
    Sec. 6-56. Not more than 30 nor less than 28 days before
any election under this Article, all owners, managers,
administrators or operators of hotels, lodging houses, rooming
houses, furnished apartments or facilities licensed or
certified under the Nursing Home Care Act, which house 4 or
more persons, outside the members of the family of such owner,
manager, administrator or operator, shall file with the board
of election commissioners a report, under oath, together with
one copy thereof, in such form as may be required by the board
of election commissioners, of the names and descriptions of all
lodgers, guests or residents claiming a voting residence at the
hotels, lodging houses, rooming houses, furnished apartments,
or facility licensed or certified under the Nursing Home Care
Act or the ID/DD MR/DD Community Care Act under their control.
In counties having a population of 500,000 or more such report
shall be made on forms mailed to them by the board of election
commissioners. The board of election commissioners shall sort
and assemble the sworn copies of the reports in numerical order
according to ward and according to precincts within each ward
and shall, not later than 5 days after the last day allowed by
this Article for the filing of the reports, maintain one
assembled set of sworn duplicate reports available for public
inspection until 60 days after election days. Except as is
otherwise expressly provided in this Article, the board shall
not be required to perform any duties with respect to the sworn
reports other than to mail, sort, assemble, post and file them
as hereinabove provided.
    Except in such cases where a precinct canvass is being
conducted by the Board of Election Commissioners prior to a
Primary or Election, the board of election commissioners shall
compare the original copy of each such report with the list of
registered voters from such addresses. Every person registered
from such address and not listed in such report or whose name
is different from any name so listed, shall immediately after
the last day of registration be sent a notice through the
United States mail, at the address appearing upon his
registration record card, requiring him to appear before the
board of election commissioners on one of the days specified in
Section 6-45 of this Article and show cause why his
registration should not be cancelled. The provisions of
Sections 6-45, 6-46 and 6-47 of this Article shall apply to
such hearing and proceedings subsequent thereto.
    Any owner, manager or operator of any such hotel, lodging
house, rooming house or furnished apartment who shall fail or
neglect to file such statement and copy thereof as in this
Article provided, may, upon written information of the attorney
for the election commissioners, be cited by the election
commissioners or upon the complaint of any voter of such city,
village or incorporated town, to appear before them and furnish
such sworn statement and copy thereof and make such oral
statements under oath regarding such hotel, lodging house,
rooming house or furnished apartment, as the election
commissioners may require. The election commissioners shall
sit to hear such citations on the Friday of the fourth week
preceding the week in which such election is to be held. Such
citation shall be served not later than the day preceding the
day on which it is returnable.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
    Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to such
election, or by personal delivery not more than 40 days nor
less than one day prior to such election, at the office of such
election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not
such applicant is lawfully entitled to vote as requested,
including a verification of the applicant's signature by
comparison with the signature on the official registration
record card, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting
permission therefor. Within one day after posting the name and
other information of an applicant for an absentee ballot, the
election authority shall transmit that name and other posted
information to the State Board of Elections, which shall
maintain those names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. Within 2 business days
after posting a name and other information on the list within
its office, the election authority shall mail, postage prepaid,
or deliver in person in such office an official ballot or
ballots if more than one are to be voted at said election. Mail
delivery of Temporarily Absent Student ballot applications
pursuant to Section 19-12.3 shall be by nonforwardable mail.
However, for the consolidated election, absentee ballots for
certain precincts may be delivered to applicants not less than
25 days before the election if so much time is required to have
prepared and printed the ballots containing the names of
persons nominated for offices at the consolidated primary. The
election authority shall enclose with each absentee ballot or
application written instructions on how voting assistance
shall be provided pursuant to Section 17-14 and a document,
written and approved by the State Board of Elections,
enumerating the circumstances under which a person is
authorized to vote by absentee ballot pursuant to this Article;
such document shall also include a statement informing the
applicant that if he or she falsifies or is solicited by
another to falsify his or her eligibility to cast an absentee
ballot, such applicant or other is subject to penalties
pursuant to Section 29-10 and Section 29-20 of the Election
Code. Each election authority shall maintain a list of the
name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
    Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
    Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail for absentee ballots, each
election authority shall mail to each other election authority
within the State a certified list of all such voters
temporarily abiding within the jurisdiction of the other
election authority.
    In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act
or the ID/DD MR/DD Community Care Act, within the jurisdiction
of the election authority, and the applicant is a registered
voter in the precinct in which such facility is located, the
ballots shall be prepared and transmitted to a responsible
judge of election no later than 9 a.m. on the Saturday, Sunday
or Monday immediately preceding the election as designated by
the election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
    All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
    Sec. 19-12.1. Any qualified elector who has secured an
Illinois Disabled Person Identification Card in accordance
with The Illinois Identification Card Act, indicating that the
person named thereon has a Class 1A or Class 2 disability or
any qualified voter who has a permanent physical incapacity of
such a nature as to make it improbable that he will be able to
be present at the polls at any future election, or any voter
who is a resident of a facility licensed or certified pursuant
to the Nursing Home Care Act or the ID/DD MR/DD Community Care
Act and has a condition or disability of such a nature as to
make it improbable that he will be able to be present at the
polls at any future election, may secure a disabled voter's or
nursing home resident's identification card, which will enable
him to vote under this Article as a physically incapacitated or
nursing home voter.
    Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2 disability. Upon the receipt
of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Disabled Person Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability, the county
clerk or board of election commissioners shall issue a disabled
voter's or nursing home resident's identification card. Such
identification cards shall be issued for a period of 5 years,
upon the expiration of which time the voter may secure a new
card by making application in the same manner as is prescribed
for the issuance of an original card, accompanied by a new
affidavit of the attending physician. The date of expiration of
such five-year period shall be made known to any interested
person by the election authority upon the request of such
person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
    Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
    The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other absentee ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
    Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
    For the purposes of this Section, "nursing home resident"
includes a resident of a facility licensed under the MR/DD
Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
    Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of facilities licensed or certified
pursuant to the Nursing Home Care Act or the ID/DD MR/DD
Community Care Act for the sole benefit of residents of such
facilities. Such voting shall be conducted during any
continuous period sufficient to allow all applicants to cast
their ballots between the hours of 9 a.m. and 7 p.m. either on
the Friday, Saturday, Sunday or Monday immediately preceding
the regular election. This absentee voting on one of said days
designated by the election authority shall be supervised by two
election judges who must be selected by the election authority
in the following order of priority: (1) from the panel of
judges appointed for the precinct in which such facility is
located, or from a panel of judges appointed for any other
precinct within the jurisdiction of the election authority in
the same ward or township, as the case may be, in which the
facility is located or, only in the case where a judge or
judges from the precinct, township or ward are unavailable to
serve, (3) from a panel of judges appointed for any other
precinct within the jurisdiction of the election authority. The
two judges shall be from different political parties. Not less
than 30 days before each regular election, the election
authority shall have arranged with the chief administrative
officer of each facility in his or its election jurisdiction a
mutually convenient time period on the Friday, Saturday, Sunday
or Monday immediately preceding the election for such voting on
the premises of the facility and shall post in a prominent
place in his or its office a notice of the agreed day and time
period for conducting such voting at each facility; provided
that the election authority shall not later than noon on the
Thursday before the election also post the names and addresses
of those facilities from which no applications were received
and in which no supervised absentee voting will be conducted.
All provisions of this Code applicable to pollwatchers shall be
applicable herein. To the maximum extent feasible, voting
booths or screens shall be provided to insure the privacy of
the voter. Voting procedures shall be as described in Article
17 of this Code, except that ballots shall be treated as
absentee ballots and shall not be counted until the close of
the polls on the following day. After the last voter has
concluded voting, the judges shall seal the ballots in an
envelope and affix their signatures across the flap of the
envelope. Immediately thereafter, the judges shall bring the
sealed envelope to the office of the election authority who
shall deliver such ballots to the election authority's central
ballot counting location prior to the closing of the polls on
the day of election. The judges of election shall also report
to the election authority the name of any applicant in the
facility who, due to unforeseen circumstance or condition or
because of a religious holiday, was unable to vote. In this
event, the election authority may appoint a qualified person
from his or its staff to deliver the ballot to such applicant
on the day of election. This staff person shall follow the same
procedures prescribed for judges conducting absentee voting in
such facilities and shall return the ballot to the central
ballot counting location before the polls close. However, if
the facility from which the application was made is also used
as a regular precinct polling place for that voter, voting
procedures heretofore prescribed may be implemented by 2 of the
election judges of opposite party affiliation assigned to that
polling place during the hours of voting on the day of the
election. Judges of election shall be compensated not less than
$25.00 for conducting absentee voting in such facilities.
    Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act or the ID/DD MR/DD
Community Care Act, and shall indicate the approved bed
capacity and the name of the chief administrative officer of
each such facility, and the State Board of Elections shall
certify the same to the appropriate election authority within
20 days thereafter.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 10. The Secretary of State Merit Employment Code is
amended by changing Section 18c as follows:
 
    (15 ILCS 310/18c)  (from Ch. 124, par. 118c)
    Sec. 18c. Supported employees.
    (a) The Director shall develop and implement a supported
employment program. It shall be the goal of the program to
appoint a minimum of 10 supported employees to Secretary of
State positions before June 30, 1992.
    (b) The Director shall designate a liaison to work with
State agencies and departments under the jurisdiction of the
Secretary of State and any funder or provider or both in the
implementation of a supported employment program.
    (c) As used in this Section:
        (1) "Supported employee" means any individual who:
            (A) has a severe physical or mental disability
        which seriously limits functional capacities including
        but not limited to mobility, communication, self-care,
        self-direction, work tolerance or work skills, in
        terms of employability as defined, determined and
        certified by the Department of Human Services; and
            (B) has one or more physical or mental disabilities
        resulting from amputation; arthritis; blindness;
        cancer; cerebral palsy; cystic fibrosis; deafness;
        heart disease; hemiplegia; respiratory or pulmonary
        dysfunction; an intellectual disability mental
        retardation; mental illness; multiple sclerosis;
        muscular dystrophy; musculoskeletal disorders;
        neurological disorders, including stroke and epilepsy;
        paraplegia; quadriplegia and other spinal cord
        conditions; sickle cell anemia; and end-stage renal
        disease; or another disability or combination of
        disabilities determined on the basis of an evaluation
        of rehabilitation potential to cause comparable
        substantial functional limitation.
        (2) "Supported employment" means competitive work in
    integrated work settings:
            (A) for individuals with severe handicaps for whom
        competitive employment has not traditionally occurred,
        or
            (B) for individuals for whom competitive
        employment has been interrupted or intermittent as a
        result of a severe disability, and who because of their
        handicap, need on-going support services to perform
        such work. The term includes transitional employment
        for individuals with chronic mental illness.
        (3) "Participation in a supported employee program"
    means participation as a supported employee that is not
    based on the expectation that an individual will have the
    skills to perform all the duties in a job class, but on the
    assumption that with support and adaptation, or both, a job
    can be designed to take advantage of the supported
    employee's special strengths.
        (4) "Funder" means any entity either State, local or
    federal, or private not-for-profit or for-profit that
    provides monies to programs that provide services related
    to supported employment.
        (5) "Provider" means any entity either public or
    private that provides technical support and services to any
    department or agency subject to the control of the
    Governor, the Secretary of State or the University Civil
    Service System.
    (d) The Director shall establish job classifications for
supported employees who may be appointed into the
classifications without open competitive testing requirements.
Supported employees shall serve in a trial employment capacity
for not less than 3 or more than 12 months.
    (e) The Director shall maintain a record of all individuals
hired as supported employees. The record shall include:
        (1) the number of supported employees initially
    appointed;
        (2) the number of supported employees who successfully
    complete the trial employment periods; and
        (3) the number of permanent targeted positions by
    titles.
    (f) The Director shall submit an annual report to the
General Assembly regarding the employment progress of
supported employees, with recommendations for legislative
action.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 15. The Illinois Identification Card Act is amended
by changing Section 4A as follows:
 
    (15 ILCS 335/4A)  (from Ch. 124, par. 24A)
    Sec. 4A. (a) "Disabled person" as used in this Act means
any person who is, and who is expected to indefinitely continue
to be, subject to any of the following five types of
disabilities:
    Type One: Physical disability. A physical disability is a
physical impairment, disease, or loss, which is of a permanent
nature, and which substantially impairs normal physical
ability or motor skills. The Secretary of State shall establish
standards not inconsistent with this provision necessary to
determine the presence of a physical disability.
    Type Two: Developmental disability. A developmental
disability is a disability which originates before the age of
18 years, and results in or has resulted in impairment similar
to that caused by an intellectual disability mental retardation
and which requires services similar to those required by
intellectually disabled mentally retarded persons and which is
attributable to an intellectual disability mental retardation,
cerebral palsy, epilepsy, autism, or other conditions or
similar disorders. The Secretary of State shall establish
standards not inconsistent with this provision necessary to
determine the presence of a developmental disability.
    Type Three: Visual disability. A visual disability is a
disability resulting in complete absence of vision, or vision
that with corrective glasses is so defective as to prevent
performance of tasks or activities for which eyesight is
essential. The Secretary of State shall establish standards not
inconsistent with this Section necessary to determine the
presence of a visual disability.
    Type Four: Hearing disability. A hearing disability is a
disability resulting in complete absence of hearing, or hearing
that with sound enhancing or magnifying equipment is so
impaired as to require the use of sensory input other than
hearing as the principal means of receiving spoken language.
The Secretary of State shall establish standards not
inconsistent with this Section necessary to determine the
presence of a hearing disability.
    Type Five: Mental Disability. A mental disability is an
emotional or psychological impairment or disease, which
substantially impairs the ability to meet individual or
societal needs. The Secretary of State shall establish
standards not inconsistent with this provision necessary to
determine the presence of a mental disability.
    (b) For purposes of this Act, a disability shall be
classified as follows: Class 1 disability: A Class 1 disability
is any type disability which does not render a person unable to
engage in any substantial gainful activity or which does not
impair his ability to live independently or to perform labor or
services for which he is qualified. The Secretary of State
shall establish standards not inconsistent with this Section
necessary to determine the presence of a Class 1 disability.
Class 1A disability: A Class 1A disability is a Class 1
disability which renders a person unable to walk 200 feet or
more unassisted by another person or without the aid of a
walker, crutches, braces, prosthetic device or a wheelchair or
without great difficulty or discomfort due to the following
impairments: neurologic, orthopedic, respiratory, cardiac,
arthritic disorder, or the loss of function or absence of a
limb or limbs. The Secretary of State shall establish standards
not inconsistent with this Section necessary to determine the
presence of a Class 1A disability. Class 2 disability: A Class
2 disability is any type disability which renders a person
unable to engage in any substantial gainful activity, which
substantially impairs his ability to live independently
without supervision or in-home support services, or which
substantially impairs his ability to perform labor or services
for which he is qualified or significantly restricts the labor
or services which he is able to perform. The Secretary of State
shall establish standards not inconsistent with this Section
necessary to determine the presence of a Class 2 disability.
Class 2A disability: A Class 2A disability is a Class 2
disability which renders a person unable to walk 200 feet or
more unassisted by another person or without the aid of a
walker, crutches, braces, prosthetic device or a wheelchair or
without great difficulty or discomfort due to the following
impairments: neurologic, orthopedic, respiratory, cardiac,
arthritic disorder, blindness, or the loss of function or
absence of a limb or limbs. The Secretary of State shall
establish standards not inconsistent with this Section
necessary to determine the presence of a Class 2A disability.
(Source: P.A. 85-354.)
 
    Section 17. The Illinois Act on the Aging is amended by
changing Section 4.08 as follows:
 
    (20 ILCS 105/4.08)
    Sec. 4.08. Rural and small town meals program. Subject to
appropriation, the Department may establish a program to ensure
the availability of congregate or home-delivered meals in
communities with populations of under 5,000 that are not
located within the large urban counties of Cook, DuPage, Kane,
Lake, or Will.
    The Department may meet these requirements by entering into
agreements with Area Agencies on Aging or Department designees,
which shall in turn enter into grants or contractual agreements
with such local entities as restaurants, cafes, churches,
facilities licensed under the Nursing Home Care Act, the ID/DD
MR/DD Community Care Act, the Assisted Living and Shared
Housing Act, or the Hospital Licensing Act, facilities
certified by the Department of Healthcare and Family Services,
senior centers, or Older American Act designated nutrition
service providers.
    First consideration shall be given to entities that can
cost effectively meet the needs of seniors in the community by
preparing the food locally.
    In no instance shall funds provided pursuant to this
Section be used to replace funds allocated to a given area or
program as of the effective date of this amendatory Act of the
95th General Assembly.
    The Department shall establish guidelines and standards by
administrative rule, which shall include submission of an
expenditure plan by the recipient of the funds.
(Source: P.A. 95-68, eff. 8-13-07; 95-876, eff. 8-21-08;
96-339, eff. 7-1-10.)
 
    Section 20. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 7, 15, 34, 43, 45, 46, and 57.6 as follows:
 
    (20 ILCS 1705/7)  (from Ch. 91 1/2, par. 100-7)
    Sec. 7. To receive and provide the highest possible quality
of humane and rehabilitative care and treatment to all persons
admitted or committed or transferred in accordance with law to
the facilities, divisions, programs, and services under the
jurisdiction of the Department. No resident of another state
shall be received or retained to the exclusion of any resident
of this State. No resident of another state shall be received
or retained to the exclusion of any resident of this State. All
recipients of 17 years of age and under in residence in a
Department facility other than a facility for the care of the
intellectually disabled mentally retarded shall be housed in
quarters separated from older recipients except for: (a)
recipients who are placed in medical-surgical units because of
physical illness; and (b) recipients between 13 and 18 years of
age who need temporary security measures.
    All recipients in a Department facility shall be given a
dental examination by a licensed dentist or registered dental
hygienist at least once every 18 months and shall be assigned
to a dentist for such dental care and treatment as is
necessary.
    All medications administered to recipients shall be
administered only by those persons who are legally qualified to
do so by the laws of the State of Illinois. Medication shall
not be prescribed until a physical and mental examination of
the recipient has been completed. If, in the clinical judgment
of a physician, it is necessary to administer medication to a
recipient before the completion of the physical and mental
examination, he may prescribe such medication but he must file
a report with the facility director setting forth the reasons
for prescribing such medication within 24 hours of the
prescription. A copy of the report shall be part of the
recipient's record.
    No later than January 1, 2005, the Department shall adopt a
model protocol and forms for recording all patient diagnosis,
care, and treatment at each State-operated facility for the
mentally ill and developmentally disabled under the
jurisdiction of the Department. The model protocol and forms
shall be used by each facility unless the Department determines
that equivalent alternatives justify an exemption.
    Every facility under the jurisdiction of the Department
shall maintain a copy of each report of suspected abuse or
neglect of the patient. Copies of those reports shall be made
available to the State Auditor General in connection with his
biennial program audit of the facility as required by Section
3-2 of the Illinois State Auditing Act.
    No later than January 1 2004, the Department shall report
to the Governor and the General Assembly whether each
State-operated facility for the mentally ill and
developmentally disabled under the jurisdiction of the
Department and all services provided in those facilities comply
with all of the applicable standards adopted by the Social
Security Administration under Subchapter XVIII (Medicare) of
the Social Security Act (42 U.S.C. 1395-1395ccc), if the
facility and services may be eligible for federal financial
participation under that federal law. For those facilities that
do comply, the report shall indicate what actions need to be
taken to ensure continued compliance. For those facilities that
do not comply, the report shall indicate what actions need to
be taken to bring each facility into compliance.
(Source: P.A. 93-636, eff. 6-1-04.)
 
    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
    Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act, the
facility director of the facility in which such person is
hospitalized shall determine that such person is not currently
in need of hospitalization and:
        (a) is able to live independently in the community; or
        (b) requires further oversight and supervisory care
    for which arrangements have been made with responsible
    relatives or supervised residential program approved by
    the Department; or
        (c) requires further personal care or general
    oversight as defined by the ID/DD MR/DD Community Care Act,
    for which placement arrangements have been made with a
    suitable family home or other licensed facility approved by
    the Department under this Section; or
        (d) requires community mental health services for
    which arrangements have been made with a community mental
    health provider in accordance with criteria, standards,
    and procedures promulgated by rule.
    Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) or (d) of this Section, the name and
address of the continuing care facility or home to which such
person is to be released shall be entered in the facility
record. Where a discharge from a mental health facility is made
under subparagraph (c), the Department shall assign the person
so discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational, educational
and financial activities unless the community based
not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory Act
of 1977 by more than 3% over the prior year, the Department
shall fully reimburse such agency for the costs of providing
services to such persons in excess of such 3% increase. The
Department shall keep written records detailing how many
persons have been assigned to a community based not-for-profit
agency and how many persons were not so assigned because the
community based agency was unable to accept the assignments, in
accordance with criteria, standards, and procedures
promulgated by rule. Whenever a community based agency is found
to be unable to accept the assignments, the name of the agency
and the reason for the finding shall be included in the report.
    Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department
unless there are no appropriate facilities, programs or homes
available within this State. Out-of-state placements shall be
subject to return of recipients so placed upon the availability
of facilities, programs or homes within this State to
accommodate these recipients, except where placement in a
contiguous state results in locating a recipient in a facility
or program closer to the recipient's home or family. If an
appropriate facility or program becomes available equal to or
closer to the recipient's home or family, the recipient shall
be returned to and placed at the appropriate facility or
program within this State.
    To place any person who is under a program of the
Department at board in a suitable family home or in such other
facility or program as the Department may consider desirable.
The Department may place in licensed nursing homes, sheltered
care homes, or homes for the aged those persons whose
behavioral manifestations and medical and nursing care needs
are such as to be substantially indistinguishable from persons
already living in such facilities. Prior to any placement by
the Department under this Section, a determination shall be
made by the personnel of the Department, as to the capability
and suitability of such facility to adequately meet the needs
of the person to be discharged. When specialized programs are
necessary in order to enable persons in need of supervised
living to develop and improve in the community, the Department
shall place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds of
inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the aged
or place any person in a specialized residential care facility
the Department shall notify the person to be transferred, or a
responsible relative of such person, in writing, at least 30
days before the proposed transfer, with respect to all the
relevant facts concerning such transfer, except in cases of
emergency when such notice is not required. If either the
person to be transferred or a responsible relative of such
person objects to such transfer, in writing to the Department,
at any time after receipt of notice and before the transfer,
the facility director of the facility in which the person was a
recipient shall immediately schedule a hearing at the facility
with the presence of the facility director, the person who
objected to such proposed transfer, and a psychiatrist who is
familiar with the record of the person to be transferred. Such
person to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the facility
director shall deliver his findings based on the record of the
case and the testimony presented at the hearing, by registered
or certified mail, to the parties to such hearing. The findings
of the facility director shall be deemed a final administrative
decision of the Department. For purposes of this Section, "case
of emergency" means those instances in which the health of the
person to be transferred is imperiled and the most appropriate
mental health care or medical care is available at a licensed
nursing home, sheltered care home or home for the aged or a
specialized residential care facility.
    Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness or
intellectual disabilities mental retardation, as applicable to
the person to be placed. Training may be given both at the
facility from which the recipient is transferred and at the
facility receiving the recipient, and may be available on a
continuing basis subsequent to placement. In a facility
providing services to former Department recipients, training
shall be available as necessary for facility staff. Such
training will be on a continuing basis as the needs of the
facility and recipients change and further training is
required.
    The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility. As a condition of further or future placements of
persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish written guidelines for placement of
persons in facilities under this Act. The Department shall keep
written records detailing which facilities have been
determined to have staff who have been appropriately trained by
the Department and all training which it has provided or
required under this Section.
    Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a person
is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment or
maintenance in such facility and may collect such actual costs
or a portion thereof from the recipient or the estate of a
person placed in accordance with this Section.
    Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the ID/DD MR/DD Community Care Act, or in designated
community living situations or programs, to be visited at least
once during the first month following placement, and once every
month thereafter for the first year following placement when
indicated, but at least quarterly. After the first year, the
Department shall determine at what point the appropriate
licensing entity for the facility or designated community
living situation or program will assume the responsibility of
ensuring that appropriate services are being provided to the
resident. Once that responsibility is assumed, the Department
may discontinue such visits. If a long term care facility has
periodic care plan conferences, the visitor may participate in
those conferences, if such participation is approved by the
resident or the resident's guardian. Visits shall be made by
qualified and trained Department personnel, or their designee,
in the area of mental health or developmental disabilities
applicable to the person visited, and shall be made on a more
frequent basis when indicated. The Department may not use as
designee any personnel connected with or responsible to the
representatives of any facility in which persons who have been
transferred under this Section are placed. In the course of
such visit there shall be consideration of the following areas,
but not limited thereto: effects of transfer on physical and
mental health of the person, sufficiency of nursing care and
medical coverage required by the person, sufficiency of staff
personnel and ability to provide basic care for the person,
social, recreational and programmatic activities available for
the person, and other appropriate aspects of the person's
environment.
    A report containing the above observations shall be made to
the Department, to the licensing agency, and to any other
appropriate agency subsequent to each visitation. The report
shall contain recommendations to improve the care and treatment
of the resident, as necessary, which shall be reviewed by the
facility's interdisciplinary team and the resident or the
resident's legal guardian.
    Upon the complaint of any person placed in accordance with
this Section or any responsible citizen or upon discovery that
such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care
required by the recipient's current condition, the Department
immediately shall investigate, and determine if the
well-being, health, care, or safety of any person is affected
by any of the above occurrences, and if any one of the above
occurrences is verified, the Department shall remove such
person at once to a facility of the Department or to another
facility outside the Department, provided such person's needs
can be met at said facility. The Department may also provide
any person placed in accordance with this Section who is
without available funds, and who is permitted to engage in
employment outside the facility, such sums for the
transportation, and other expenses as may be needed by him
until he receives his wages for such employment.
    The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of or
who are receiving services from the Department. Such rules and
regulations shall apply to all monies expended by any agency of
the State of Illinois for services rendered by any person,
corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per-diem or
other arrangement. No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
    The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate for
purchase by the Department.
    Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (20 ILCS 1705/34)  (from Ch. 91 1/2, par. 100-34)
    Sec. 34. To make grants-in-aid to community clinics and
agencies for psychiatric or clinical services, training,
research and other mental health, intellectual disabilities
mental retardation and other developmental disabilities
programs, for persons of all ages including those aged 3 to 21.
    In addition to other standards and procedures governing the
disbursement of grants-in-aid implemented under this Section,
the Secretary shall require that each application for such aid
submitted by public agencies or public clinics with respect to
services to be provided by a municipality with a population of
500,000 or more shall include review and comment by a community
mental health board that is organized under local authority and
broadly representative of the geographic, social, cultural,
and economic interests of the area to be served, and which
includes persons who are professionals in the field of mental
health, consumers of services or representative of the general
public. Within planning and service areas designated by the
Secretary where more than one clinic or agency applies under
this paragraph, each application shall be reviewed by a single
community mental health board that is representative of the
areas to be served by each clinic or agency.
    The Secretary may authorize advance disbursements to any
clinic or agency that has been awarded a grant-in-aid, provided
that the Secretary shall, within 30 days before the making of
such disbursement, certify to the Comptroller that (a) the
provider is eligible to receive that disbursement, and (b) the
disbursement is made as compensation for services to be
rendered within 60 days of that certification.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (20 ILCS 1705/43)  (from Ch. 91 1/2, par. 100-43)
    Sec. 43. To provide habilitation and care for the
intellectually disabled mentally retarded and persons with a
developmental disability and counseling for their families in
accordance with programs established and conducted by the
Department.
    In assisting families to place such persons in need of care
in licensed facilities for the intellectually disabled
mentally retarded and persons with a developmental disability,
the Department may supplement the amount a family is able to
pay, as determined by the Department in accordance with
Sections 5-105 through 5-116 of the "Mental Health and
Developmental Disabilities Code" as amended, and the amount
available from other sources. The Department shall have the
authority to determine eligibility for placement of a person in
a private facility.
    Whenever an intellectually disabled a mentally retarded
person or a client is placed in a private facility pursuant to
this Section, such private facility must give the Department
and the person's guardian or nearest relative, at least 30
days' notice in writing before such person may be discharged or
transferred from the private facility, except in an emergency.
(Source: P.A. 90-14, eff. 7-1-97.)
 
    (20 ILCS 1705/45)  (from Ch. 91 1/2, par. 100-45)
    Sec. 45. The following Acts are repealed:
    "An Act to provide for the establishment and maintenance of
services and facilities for severely physically handicapped
children", approved June 29, 1945.
    "An Act in relation to the visitation, instruction, and
rehabilitation of major visually handicapped persons and to
repeal acts herein named", approved July 21, 1959.
    "An Act in relation to the rehabilitation of physically
handicapped persons", approved June 28, 1919.
    "An Act for the treatment, care and maintenance of persons
mentally ill or in need of mental treatment who are inmates of
the Illinois Soldiers' and Sailors' Home", approved June 15,
1895, as amended.
    "An Act to establish and maintain a home for the disabled
mothers, wives, widows and daughters of disabled or deceased
soldiers in the State of Illinois, and to provide for the
purchase and maintenance thereof", approved June 13, 1895, as
amended.
    "An Act to establish and maintain a Soldiers' and Sailors'
Home in the State of Illinois, and making an appropriation for
the purchase of land and the construction of the necessary
buildings", approved June 26, 1885, as amended.
    "An Act in relation to the disposal of certain funds and
property which now are or hereafter may be in the custody of
the managing officer of the Illinois Soldiers' and Sailors'
Home at Quincy", approved June 24, 1921.
    "An Act in relation to the establishment in the Department
of Public Welfare of a Division to be known as the Institute
for Juvenile Research and to define its powers and duties",
approved July 16, 1941.
    "An Act to provide for the establishment, maintenance and
operation of the Southern Illinois Children's Service Center",
approved August 2, 1951.
    "An Act to change the name of the Illinois Charitable Eye
and Ear Infirmary", approved June 27, 1923.
    "An Act to establish and provide for the conduct of an
institution for the care and custody of persons of unsound or
feeble mind, to be known as the Illinois Security Hospital, and
to designate the classes of persons to be confined therein",
approved June 30, 1933, as amended.
    Sections one through 27 and Sections 29 through 34 of "An
Act to revise the laws relating to charities", approved June
11, 1912, as amended.
    "An Act creating a Division of Alcoholism in the Department
of Public Welfare, defining its rights, powers and duties, and
making an appropriation therefor", approved July 5, 1957.
    "An Act to establish in the Department of Public Welfare a
Psychiatric Training and Research Authority", approved July
14, 1955.
    "An Act creating the Advisory Board on Intellectual
Disabilities Mental Retardation in the Department of Public
Welfare, defining its powers and duties and making an
appropriation therefor", approved July 17, 1959.
    "An Act to provide for the construction, equipment, and
operation of a psychiatric institute state hospital to promote
and advance knowledge, through research, in the causes and
treatment of mental illness; to train competent psychiatric
personnel available for service in the state hospitals and
elsewhere; and to contribute to meeting the need for treatment
for mentally ill patients", approved June 30, 1953, as amended.
    "An Act in relation to the disposal of certain funds and
property paid to, or received by, the officials of the State
institutions under the direction and supervision of the
Department of Public Welfare", approved June 10, 1929.
    "An Act to require professional persons having patients
with major visual limitations to report information regarding
such cases to the Department of Public Welfare and to authorize
the Department to inform such patients of services and training
available," approved July 5, 1957.
    Sections 3, 4, 5, 5a, 6, 22, 24, 25, 26 of "An Act to
regulate the state charitable institutions and the state reform
school, and to improve their organization and increase their
efficiency," approved April 15, 1875.
(Source: Laws 1961, p. 2666.)
 
    (20 ILCS 1705/46)  (from Ch. 91 1/2, par. 100-46)
    Sec. 46. Separation between the sexes shall be maintained
relative to sleeping quarters in each facility under the
jurisdiction of the Department, except in relation to quarters
for intellectually disabled mentally retarded children under
age 6 and quarters for severely-profoundly intellectually
disabled mentally retarded persons and nonambulatory
intellectually disabled mentally retarded persons, regardless
of age.
(Source: P.A. 85-971.)
 
    (20 ILCS 1705/57.6)
    Sec. 57.6. Adult autism; funding for services. Subject to
appropriations, the Department, or independent contractual
consultants engaged by the Department, shall research possible
funding streams for the development and implementation of
services for adults with autism spectrum disorders without an
intellectual disability mental retardation. Independent
consultants must have expertise in Medicaid services and
alternative federal and State funding mechanisms. The research
may include, but need not be limited to, research of a Medicaid
state plan amendment, a Section 1915(c) home and community
based waiver, a Section 1115 research and demonstration waiver,
vocational rehabilitation funding, mental health block grants,
and other appropriate funding sources. The Department shall
report the results of the research and its recommendations to
the Governor and the General Assembly by April 1, 2008.
(Source: P.A. 95-106, eff. 1-1-08.)
 
    Section 22. The Civil Administrative Code of Illinois is
amended by changing Sections 2310-550, 2310-560, 2310-565, and
2310-625 as follows:
 
    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)
    Sec. 2310-550. Long-term care facilities. The Department
may perform, in all long-term care facilities as defined in the
Nursing Home Care Act and all facilities as defined in the
ID/DD MR/DD Community Care Act, all inspection, evaluation,
certification, and inspection of care duties that the federal
government may require the State of Illinois to perform or have
performed as a condition of participation in any programs under
Title XVIII or Title XIX of the federal Social Security Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)
    Sec. 2310-560. Advisory committees concerning construction
of facilities.
    (a) The Director shall appoint an advisory committee. The
committee shall be established by the Department by rule. The
Director and the Department shall consult with the advisory
committee concerning the application of building codes and
Department rules related to those building codes to facilities
under the Ambulatory Surgical Treatment Center Act, the Nursing
Home Care Act, and the ID/DD MR/DD Community Care Act.
    (b) The Director shall appoint an advisory committee to
advise the Department and to conduct informal dispute
resolution concerning the application of building codes for new
and existing construction and related Department rules and
standards under the Hospital Licensing Act, including without
limitation rules and standards for (i) design and construction,
(ii) engineering and maintenance of the physical plant, site,
equipment, and systems (heating, cooling, electrical,
ventilation, plumbing, water, sewer, and solid waste
disposal), and (iii) fire and safety. The advisory committee
shall be composed of all of the following members:
        (1) The chairperson or an elected representative from
    the Hospital Licensing Board under the Hospital Licensing
    Act.
        (2) Two health care architects with a minimum of 10
    years of experience in institutional design and building
    code analysis.
        (3) Two engineering professionals (one mechanical and
    one electrical) with a minimum of 10 years of experience in
    institutional design and building code analysis.
        (4) One commercial interior design professional with a
    minimum of 10 years of experience.
        (5) Two representatives from provider associations.
        (6) The Director or his or her designee, who shall
    serve as the committee moderator.
    Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit
recommendations concerning the application of building codes
and related Department rules and standards to the Hospital
Licensing Board for review and comment prior to submission to
the Department. The committee shall submit recommendations
concerning informal dispute resolution to the Director. The
Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (20 ILCS 2310/2310-565)  (was 20 ILCS 2310/55.88)
    Sec. 2310-565. Facility construction training program. The
Department shall conduct, at least annually, a joint in-service
training program for architects, engineers, interior
designers, and other persons involved in the construction of a
facility under the Ambulatory Surgical Treatment Center Act,
the Nursing Home Care Act, the ID/DD MR/DD Community Care Act,
or the Hospital Licensing Act on problems and issues relating
to the construction of facilities under any of those Acts.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (20 ILCS 2310/2310-625)
    Sec. 2310-625. Emergency Powers.
    (a) Upon proclamation of a disaster by the Governor, as
provided for in the Illinois Emergency Management Agency Act,
the Director of Public Health shall have the following powers,
which shall be exercised only in coordination with the Illinois
Emergency Management Agency and the Department of Financial and
Professional Regulation:
        (1) The power to suspend the requirements for temporary
    or permanent licensure or certification of persons who are
    licensed or certified in another state and are working
    under the direction of the Illinois Emergency Management
    Agency and the Illinois Department of Public Health
    pursuant to the declared disaster.
        (2) The power to modify the scope of practice
    restrictions under the Emergency Medical Services (EMS)
    Systems Act for any persons who are licensed under that Act
    for any person working under the direction of the Illinois
    Emergency Management Agency and the Illinois Department of
    Public Health pursuant to the declared disaster.
        (3) The power to modify the scope of practice
    restrictions under the Nursing Home Care Act or the ID/DD
    MR/DD Community Care Act for Certified Nursing Assistants
    for any person working under the direction of the Illinois
    Emergency Management Agency and the Illinois Department of
    Public Health pursuant to the declared disaster.
    (b) Persons exempt from licensure or certification under
paragraph (1) of subsection (a) and persons operating under
modified scope of practice provisions under paragraph (2) of
subsection (a) and paragraph (3) of subsection (a) shall be
exempt from licensure or certification or subject to modified
scope of practice only until the declared disaster has ended as
provided by law. For purposes of this Section, persons working
under the direction of an emergency services and disaster
agency accredited by the Illinois Emergency Management Agency
and a local public health department, pursuant to a declared
disaster, shall be deemed to be working under the direction of
the Illinois Emergency Management Agency and the Department of
Public Health.
    (c) The Director shall exercise these powers by way of
proclamation.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 25. The Disabilities Services Act of 2003 is
amended by changing Sections 10 and 52 as follows:
 
    (20 ILCS 2407/10)
    Sec. 10. Application of Act; definitions.
    (a) This Act applies to persons with disabilities. The
disabilities included are defined for purposes of this Act as
follows:
    "Disability" means a disability as defined by the Americans
with Disabilities Act of 1990 that is attributable to a
developmental disability, a mental illness, or a physical
disability, or combination of those.
    "Developmental disability" means a disability that is
attributable to an intellectual disability mental retardation
or a related condition. A related condition must meet all of
the following conditions:
        (1) It must be attributable to cerebral palsy,
    epilepsy, or any other condition (other than mental
    illness) found to be closely related to an intellectual
    disability mental retardation because that condition
    results in impairment of general intellectual functioning
    or adaptive behavior similar to that of individuals with an
    intellectual disability mental retardation, and requires
    treatment or services similar to those required for those
    individuals. For purposes of this Section, autism is
    considered a related condition.
        (2) It must be manifested before the individual reaches
    age 22.
        (3) It must be likely to continue indefinitely.
        (4) It must result in substantial functional
    limitations in 3 or more of the following areas of major
    life activity: self-care, language, learning, mobility,
    self-direction, and capacity for independent living.
    "Mental Illness" means a mental or emotional disorder
verified by a diagnosis contained in the Diagnostic and
Statistical Manual of Mental Disorders-Fourth Edition,
published by the American Psychiatric Association (DSM-IV), or
its successor, or International Classification of Diseases,
9th Revision, Clinical Modification (ICD-9-CM), or its
successor, that substantially impairs a person's cognitive,
emotional, or behavioral functioning, or any combination of
those, excluding (i) conditions that may be the focus of
clinical attention but are not of sufficient duration or
severity to be categorized as a mental illness, such as
parent-child relational problems, partner-relational problems,
sexual abuse of a child, bereavement, academic problems,
phase-of-life problems, and occupational problems
(collectively, "V codes"), (ii) organic disorders such as
substance intoxication dementia, substance withdrawal
dementia, Alzheimer's disease, vascular dementia, dementia due
to HIV infection, and dementia due to Creutzfeld-Jakob disease
and disorders associated with known or unknown physical
conditions such as hallucinosis, amnestic disorders and
delirium, and psychoactive substance-induced organic
disorders, and (iii) an intellectual disability mental
retardation or psychoactive substance use disorders.
    "Intellectual disability Mental retardation" means
significantly sub-average general intellectual functioning
existing concurrently with deficits in adaptive behavior and
manifested before the age of 22 years.
    "Physical disability" means a disability as defined by the
Americans with Disabilities Act of 1990 that meets the
following criteria:
        (1) It is attributable to a physical impairment.
        (2) It results in a substantial functional limitation
    in any of the following areas of major life activity: (i)
    self-care, (ii) receptive and expressive language, (iii)
    learning, (iv) mobility, (v) self-direction, (vi) capacity
    for independent living, and (vii) economic sufficiency.
        (3) It reflects the person's need for a combination and
    sequence of special, interdisciplinary, or general care,
    treatment, or other services that are of lifelong or of
    extended duration and must be individually planned and
    coordinated.
    (b) In this Act:
    "Chronological age-appropriate services" means services,
activities, and strategies for persons with disabilities that
are representative of the lifestyle activities of nondisabled
peers of similar age in the community.
    "Comprehensive evaluation" means procedures used by
qualified professionals selectively with an individual to
determine whether a person has a disability and the nature and
extent of the services that the person with a disability needs.
    "Department" means the Department on Aging, the Department
of Human Services, the Department of Public Health, the
Department of Public Aid (now Department Healthcare and Family
Services), the University of Illinois Division of Specialized
Care for Children, the Department of Children and Family
Services, and the Illinois State Board of Education, where
appropriate, as designated in the implementation plan
developed under Section 20.
    "Family" means a natural, adoptive, or foster parent or
parents or other person or persons responsible for the care of
an individual with a disability in a family setting.
    "Family or individual support" means those resources and
services that are necessary to maintain an individual with a
disability within the family home or his or her own home. These
services may include, but are not limited to, cash subsidy,
respite care, and counseling services.
    "Independent service coordination" means a social service
that enables persons with developmental disabilities and their
families to locate, use, and coordinate resources and
opportunities in their communities on the basis of individual
need. Independent service coordination is independent of
providers of services and funding sources and is designed to
ensure accessibility, continuity of care, and accountability
and to maximize the potential of persons with developmental
disabilities for independence, productivity, and integration
into the community. Independent service coordination includes,
at a minimum: (i) outreach to identify eligible individuals;
(ii) assessment and periodic reassessment to determine each
individual's strengths, functional limitations, and need for
specific services; (iii) participation in the development of a
comprehensive individual service or treatment plan; (iv)
referral to and linkage with needed services and supports; (v)
monitoring to ensure the delivery of appropriate services and
to determine individual progress in meeting goals and
objectives; and (vi) advocacy to assist the person in obtaining
all services for which he or she is eligible or entitled.
    "Individual service or treatment plan" means a recorded
assessment of the needs of a person with a disability, a
description of the services recommended, the goals of each type
of element of service, an anticipated timetable for the
accomplishment of the goals, and a designation of the qualified
professionals responsible for the implementation of the plan.
    "Least restrictive environment" means an environment that
represents the least departure from the normal patterns of
living and that effectively meets the needs of the person
receiving the service.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (20 ILCS 2407/52)
    Sec. 52. Applicability; definitions. In accordance with
Section 6071 of the Deficit Reduction Act of 2005 (P.L.
109-171), as used in this Article:
    "Departments". The term "Departments" means for the
purposes of this Act, the Department of Human Services, the
Department on Aging, Department of Healthcare and Family
Services and Department of Public Health, unless otherwise
noted.
    "Home and community-based long-term care services". The
term "home and community-based long-term care services" means,
with respect to the State Medicaid program, a service aid, or
benefit, home and community-based services, including but not
limited to home health and personal care services, that are
provided to a person with a disability, and are voluntarily
accepted, as part of his or her long-term care that: (i) is
provided under the State's qualified home and community-based
program or that could be provided under such a program but is
otherwise provided under the Medicaid program; (ii) is
delivered in a qualified residence; and (iii) is necessary for
the person with a disability to live in the community.
    "ID/DD MR/DD community care facility". The term "ID/DD MR/DD
community care facility", for the purposes of this Article,
means a skilled nursing or intermediate long-term care facility
subject to licensure by the Department of Public Health under
the ID/DD MR/DD Community Care Act, an intermediate care
facility for the developmentally disabled (ICF-DDs), and a
State-operated developmental center or mental health center,
whether publicly or privately owned.
    "Money Follows the Person" Demonstration. Enacted by the
Deficit Reduction Act of 2005, the Money Follows the Person
(MFP) Rebalancing Demonstration is part of a comprehensive,
coordinated strategy to assist states, in collaboration with
stakeholders, to make widespread changes to their long-term
care support systems. This initiative will assist states in
their efforts to reduce their reliance on institutional care
while developing community-based long-term care opportunities,
enabling the elderly and people with disabilities to fully
participate in their communities.
    "Public funds" mean any funds appropriated by the General
Assembly to the Departments of Human Services, on Aging, of
Healthcare and Family Services and of Public Health for
settings and services as defined in this Article.
    "Qualified residence". The term "qualified residence"
means, with respect to an eligible individual: (i) a home owned
or leased by the individual or the individual's authorized
representative (as defined by P.L. 109-171); (ii) an apartment
with an individual lease, with lockable access and egress, and
which includes living, sleeping, bathing, and cooking areas
over which the individual or the individual's family has domain
and control; or (iii) a residence, in a community-based
residential setting, in which no more than 4 unrelated
individuals reside. Where qualified residences are not
sufficient to meet the demand of eligible individuals,
time-limited exceptions to this definition may be developed
through administrative rule.
    "Self-directed services". The term "self-directed
services" means, with respect to home and community-based
long-term services for an eligible individual, those services
for the individual that are planned and purchased under the
direction and control of the individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the State
Medicaid program consistent with the following requirements:
        (a) Assessment: there is an assessment of the needs,
    capabilities, and preference of the individual with
    respect to such services.
        (b) Individual service care or treatment plan: based on
    the assessment, there is development jointly with such
    individual or individual's authorized representative, a
    plan for such services for the individual that (i)
    specifies those services, if any, that the individual or
    the individual's authorized representative would be
    responsible for directing; (ii) identifies the methods by
    which the individual or the individual's authorized
    representative or an agency designated by an individual or
    representative will select, manage, and dismiss providers
    of such services.
(Source: P.A. 95-438, eff. 1-1-08; 96-339, eff. 7-1-10.)
 
    Section 26. The Abuse of Adults with Disabilities
Intervention Act is amended by changing Section 15 as follows:
 
    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
    Sec. 15. Definitions. As used in this Act:
    "Abuse" means causing any physical, sexual, or mental
injury to an adult with disabilities, including exploitation of
the adult's financial resources. Nothing in this Act shall be
construed to mean that an adult with disabilities is a victim
of abuse or neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an adult
with disabilities is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
    "Adult with disabilities" means a person aged 18 through 59
who resides in a domestic living situation and whose physical
or mental disability impairs his or her ability to seek or
obtain protection from abuse, neglect, or exploitation.
    "Department" means the Department of Human Services.
    "Adults with Disabilities Abuse Project" or "project"
means that program within the Office of Inspector General
designated by the Department of Human Services to receive and
assess reports of alleged or suspected abuse, neglect, or
exploitation of adults with disabilities.
    "Domestic living situation" means a residence where the
adult with disabilities lives alone or with his or her family
or household members, a care giver, or others or at a board and
care home or other community-based unlicensed facility, but is
not:
        (1) A licensed facility as defined in Section 1-113 of
    the Nursing Home Care Act or Section 1-113 of the ID/DD
    MR/DD Community Care Act.
        (2) A life care facility as defined in the Life Care
    Facilities Act.
        (3) A home, institution, or other place operated by the
    federal government, a federal agency, or the State.
        (4) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness through the
    maintenance and operation of organized facilities and that
    is required to be licensed under the Hospital Licensing
    Act.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act or community residential
    alternative as licensed under that Act.
    "Emergency" means a situation in which an adult with
disabilities is in danger of death or great bodily harm.
    "Exploitation" means the illegal, including tortious, use
of the assets or resources of an adult with disabilities.
Exploitation includes, but is not limited to, the
misappropriation of assets or resources of an adult with
disabilities by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the use
of the assets or resources in a manner contrary to law.
    "Family or household members" means a person who as a
family member, volunteer, or paid care provider has assumed
responsibility for all or a portion of the care of an adult
with disabilities who needs assistance with activities of daily
living.
    "Neglect" means the failure of another individual to
provide an adult with disabilities with or the willful
withholding from an adult with disabilities the necessities of
life, including, but not limited to, food, clothing, shelter,
or medical care.
Nothing in the definition of "neglect" shall be construed to
impose a requirement that assistance be provided to an adult
with disabilities over his or her objection in the absence of a
court order, nor to create any new affirmative duty to provide
support, assistance, or intervention to an adult with
disabilities. Nothing in this Act shall be construed to mean
that an adult with disabilities is a victim of neglect because
of health care services provided or not provided by licensed
health care professionals.
    "Physical abuse" includes sexual abuse and means any of the
following:
        (1) knowing or reckless use of physical force,
    confinement, or restraint;
        (2) knowing, repeated, and unnecessary sleep
    deprivation; or
        (3) knowing or reckless conduct which creates an
    immediate risk of physical harm.
    "Secretary" means the Secretary of Human Services.
    "Sexual abuse" means touching, fondling, sexual threats,
sexually inappropriate remarks, or any other sexual activity
with an adult with disabilities when the adult with
disabilities is unable to understand, unwilling to consent,
threatened, or physically forced to engage in sexual behavior.
    "Substantiated case" means a reported case of alleged or
suspected abuse, neglect, or exploitation in which the Adults
with Disabilities Abuse Project staff, after assessment,
determines that there is reason to believe abuse, neglect, or
exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 27. The Illinois Finance Authority Act is amended
by changing Section 801-10 as follows:
 
    (20 ILCS 3501/801-10)
    Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
    (a) The term "Authority" means the Illinois Finance
Authority created by this Act.
    (b) The term "project" means an industrial project,
conservation project, housing project, public purpose project,
higher education project, health facility project, cultural
institution project, agricultural facility or agribusiness,
and "project" may include any combination of one or more of the
foregoing undertaken jointly by any person with one or more
other persons.
    (c) The term "public purpose project" means any project or
facility including without limitation land, buildings,
structures, machinery, equipment and all other real and
personal property, which is authorized or required by law to be
acquired, constructed, improved, rehabilitated, reconstructed,
replaced or maintained by any unit of government or any other
lawful public purpose which is authorized or required by law to
be undertaken by any unit of government.
    (d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality of
the State or its political subdivisions, for use by any person
or institution, public or private, for profit or not for
profit, or for use in any trade or business including, but not
limited to, any industrial, manufacturing or commercial
enterprise and which is (1) a capital project including but not
limited to: (i) land and any rights therein, one or more
buildings, structures or other improvements, machinery and
equipment, whether now existing or hereafter acquired, and
whether or not located on the same site or sites; (ii) all
appurtenances and facilities incidental to the foregoing,
including, but not limited to utilities, access roads, railroad
sidings, track, docking and similar facilities, parking
facilities, dockage, wharfage, railroad roadbed, track,
trestle, depot, terminal, switching and signaling or related
equipment, site preparation and landscaping; and (iii) all
non-capital costs and expenses relating thereto or (2) any
addition to, renovation, rehabilitation or improvement of a
capital project or (3) any activity or undertaking which the
Authority determines will aid, assist or encourage economic
growth, development or redevelopment within the State or any
area thereof, will promote the expansion, retention or
diversification of employment opportunities within the State
or any area thereof or will aid in stabilizing or developing
any industry or economic sector of the State economy. The term
"industrial project" also means the production of motion
pictures.
    (e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
    (f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority issued with respect to such
project, providing for the maintenance, insuring and operation
of the project on terms satisfactory to the Authority,
providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of
the premises, and such other terms as may be deemed desirable
by the Authority, or (ii) any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds issued with
respect to a project or other funds of the Authority to any
person which will use or cause the project to be used as a
project as heretofore defined upon terms providing for loan
repayment installments at least sufficient to pay when due all
principal of, interest and premium, if any, on any bonds of the
Authority, if any, issued with respect to the project, and
providing for maintenance, insurance and other matters as may
be deemed desirable by the Authority.
    (g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of indebtedness
or from other sources for the development, construction,
acquisition or improvement of a project.
    (h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
    (i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
    (j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act or the ID/DD MR/DD
Community Care Act; (c) any public or licensed private hospital
as defined in the Mental Health and Developmental Disabilities
Code; (d) any such facility exempted from such licensure when
the Director of Public Health attests that such exempted
facility meets the statutory definition of a facility subject
to licensure; (e) any other public or private health service
institution, place, building, or agency which the Director of
Public Health attests is subject to certification by the
Secretary, U.S. Department of Health and Human Services under
the Social Security Act, as now or hereafter amended, or which
the Director of Public Health attests is subject to
standard-setting by a recognized public or voluntary
accrediting or standard-setting agency; (f) any public or
private institution, place, building or agency engaged in
providing one or more supporting services to a health facility;
(g) any public or private institution, place, building or
agency engaged in providing training in the healing arts,
including but not limited to schools of medicine, dentistry,
osteopathy, optometry, podiatry, pharmacy or nursing, schools
for the training of x-ray, laboratory or other health care
technicians and schools for the training of para-professionals
in the health care field; (h) any public or private congregate,
life or extended care or elderly housing facility or any public
or private home for the aged or infirm, including, without
limitation, any Facility as defined in the Life Care Facilities
Act; (i) any public or private mental, emotional or physical
rehabilitation facility or any public or private educational,
counseling, or rehabilitation facility or home, for those
persons with a developmental disability, those who are
physically ill or disabled, the emotionally disturbed, those
persons with a mental illness or persons with learning or
similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or private
institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family Services
attests provides child care, child welfare or other services of
the type provided by facilities subject to such licensure; (l)
any public or private adoption agency or facility; and (m) any
public or private blood bank or blood center. "Health facility"
also means a public or private structure or structures suitable
primarily for use as a laboratory, laundry, nurses or interns
residence or other housing or hotel facility used in whole or
in part for staff, employees or students and their families,
patients or relatives of patients admitted for treatment or
care in a health facility, or persons conducting business with
a health facility, physician's facility, surgicenter,
administration building, research facility, maintenance,
storage or utility facility and all structures or facilities
related to any of the foregoing or required or useful for the
operation of a health facility, including parking or other
facilities or other supporting service structures required or
useful for the orderly conduct of such health facility. "Health
facility" also means, with respect to a project located outside
the State, any public or private institution, place, building,
or agency which provides services similar to those described
above, provided that such project is owned, operated, leased or
managed by a participating health institution located within
the State, or a participating health institution affiliated
with an entity located within the State.
    (k) The term "participating health institution" means (i) a
private corporation or association or (ii) a public entity of
this State, in either case authorized by the laws of this State
or the applicable state to provide or operate a health facility
as defined in this Act and which, pursuant to the provisions of
this Act, undertakes the financing, construction or
acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
    (l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
    (m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms and
conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
    (n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
    (o) The term "revenues" means, with respect to any project,
the rents, fees, charges, interest, principal repayments,
collections and other income or profit derived therefrom.
    (p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
    (q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
    (r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with an
entity located within the State, in each case constructed or
acquired before or after the effective date of this Act, which
is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution
of higher education, the use by a private institution of higher
education in connection with any educational, research or
related or incidental activities then being or to be conducted
by it, or any combination of the foregoing, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an academic
facility, administrative facility, agricultural facility,
assembly hall, athletic facility, auditorium, boating
facility, campus, communication facility, computer facility,
continuing education facility, classroom, dining hall,
dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
    (s) The term "cultural facility" means any property located
within the State, or any property located outside the State,
provided that, if the property is located outside the State, it
must be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, in each case constructed or acquired before
or after the effective date of this Act, which is or will be,
in whole or in part, suitable for the particular purposes or
needs of a cultural institution, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse,
library, museum, scientific laboratory, theater or zoological
facility, and shall also include, without limitation, books,
works of art or music, animal, plant or aquatic life or other
items for display, exhibition or performance. The term
"cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by
nonprofit entities.
    (t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
        (1) Admits as regular students only individuals having
    a certificate of graduation from a high school, or the
    recognized equivalent of such a certificate;
        (2) Provides an educational program for which it awards
    a bachelor's degree, or provides an educational program,
    admission into which is conditioned upon the prior
    attainment of a bachelor's degree or its equivalent, for
    which it awards a postgraduate degree, or provides not less
    than a 2-year program which is acceptable for full credit
    toward such a degree, or offers a 2-year program in
    engineering, mathematics, or the physical or biological
    sciences which is designed to prepare the student to work
    as a technician and at a semiprofessional level in
    engineering, scientific, or other technological fields
    which require the understanding and application of basic
    engineering, scientific, or mathematical principles or
    knowledge;
        (3) Is accredited by a nationally recognized
    accrediting agency or association or, if not so accredited,
    is an institution whose credits are accepted, on transfer,
    by not less than 3 institutions which are so accredited,
    for credit on the same basis as if transferred from an
    institution so accredited, and holds an unrevoked
    certificate of approval under the Private College Act from
    the Board of Higher Education, or is qualified as a "degree
    granting institution" under the Academic Degree Act; and
        (4) Does not discriminate in the admission of students
    on the basis of race or color. "Private institution of
    higher education" also includes any "academic
    institution".
    (u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
    (v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
    (w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender, any
person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
    (x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming.
    (y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to businesses
or individuals, commonly known as a "captive finance company".
    (z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State of Illinois that is related
to the processing of agricultural commodities (including,
without limitation, the products of aquaculture, hydroponics
and silviculture) or the manufacturing, production or
construction of agricultural buildings, structures, equipment,
implements, and supplies, or any other facilities or processes
used in agricultural production. Agribusiness includes but is
not limited to the following:
        (1) grain handling and processing, including grain
    storage, drying, treatment, conditioning, mailing and
    packaging;
        (2) seed and feed grain development and processing;
        (3) fruit and vegetable processing, including
    preparation, canning and packaging;
        (4) processing of livestock and livestock products,
    dairy products, poultry and poultry products, fish or
    apiarian products, including slaughter, shearing,
    collecting, preparation, canning and packaging;
        (5) fertilizer and agricultural chemical
    manufacturing, processing, application and supplying;
        (6) farm machinery, equipment and implement
    manufacturing and supplying;
        (7) manufacturing and supplying of agricultural
    commodity processing machinery and equipment, including
    machinery and equipment used in slaughter, treatment,
    handling, collecting, preparation, canning or packaging of
    agricultural commodities;
        (8) farm building and farm structure manufacturing,
    construction and supplying;
        (9) construction, manufacturing, implementation,
    supplying or servicing of irrigation, drainage and soil and
    water conservation devices or equipment;
        (10) fuel processing and development facilities that
    produce fuel from agricultural commodities or byproducts;
        (11) facilities and equipment for processing and
    packaging agricultural commodities specifically for
    export;
        (12) facilities and equipment for forestry product
    processing and supplying, including sawmilling operations,
    wood chip operations, timber harvesting operations, and
    manufacturing of prefabricated buildings, paper, furniture
    or other goods from forestry products;
        (13) facilities and equipment for research and
    development of products, processes and equipment for the
    production, processing, preparation or packaging of
    agricultural commodities and byproducts.
    (aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand; livestock
held for sale; breeding stock; marketable bonds and securities;
securities not readily marketable; accounts receivable; notes
receivable; cash invested in growing crops; net cash value of
life insurance; machinery and equipment; cars and trucks; farm
and other real estate including life estates and personal
residence; value of beneficial interests in trusts; government
payments or grants; and any other assets.
    (bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
    (cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
    (dd) The term "housing project" means a specific work or
improvement undertaken to provide residential dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are part of the housing project, including land,
buildings, improvements, equipment and all ancillary
facilities for use for offices, stores, retirement homes,
hotels, financial institutions, service, health care,
education, recreation or research establishments, or any other
commercial purpose which are or are to be related to a housing
development.
    (ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
    (ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of an
entity or group or such other facility of an entity or group of
entities where a significant amount of the business functions
are performed for such entity or group of entities.
(Source: P.A. 95-697, eff. 11-6-07; 96-339, eff. 7-1-10;
96-1021, eff. 7-12-10.)
 
    Section 29. The Illinois Health Facilities Planning Act is
amended by changing Sections 3, 12, 13, and 14.1 as follows:
 
    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 3. Definitions. As used in this Act:
    "Health care facilities" means and includes the following
facilities and organizations:
        1. An ambulatory surgical treatment center required to
    be licensed pursuant to the Ambulatory Surgical Treatment
    Center Act;
        2. An institution, place, building, or agency required
    to be licensed pursuant to the Hospital Licensing Act;
        3. Skilled and intermediate long term care facilities
    licensed under the Nursing Home Care Act;
        3.5. Skilled and intermediate care facilities licensed
    under the ID/DD MR/DD Community Care Act;
        4. Hospitals, nursing homes, ambulatory surgical
    treatment centers, or kidney disease treatment centers
    maintained by the State or any department or agency
    thereof;
        5. Kidney disease treatment centers, including a
    free-standing hemodialysis unit required to be licensed
    under the End Stage Renal Disease Facility Act;
        6. An institution, place, building, or room used for
    the performance of outpatient surgical procedures that is
    leased, owned, or operated by or on behalf of an
    out-of-state facility;
        7. An institution, place, building, or room used for
    provision of a health care category of service as defined
    by the Board, including, but not limited to, cardiac
    catheterization and open heart surgery; and
        8. An institution, place, building, or room used for
    provision of major medical equipment used in the direct
    clinical diagnosis or treatment of patients, and whose
    project cost is in excess of the capital expenditure
    minimum.
    This Act shall not apply to the construction of any new
facility or the renovation of any existing facility located on
any campus facility as defined in Section 5-5.8b of the
Illinois Public Aid Code, provided that the campus facility
encompasses 30 or more contiguous acres and that the new or
renovated facility is intended for use by a licensed
residential facility.
    No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for healing
by prayer or spiritual means.
    No facility licensed under the Supportive Residences
Licensing Act or the Assisted Living and Shared Housing Act
shall be subject to the provisions of this Act.
    No facility established and operating under the
Alternative Health Care Delivery Act as a children's respite
care center alternative health care model demonstration
program or as an Alzheimer's Disease Management Center
alternative health care model demonstration program shall be
subject to the provisions of this Act.
    A facility designated as a supportive living facility that
is in good standing with the program established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to
the provisions of this Act.
    This Act does not apply to facilities granted waivers under
Section 3-102.2 of the Nursing Home Care Act. However, if a
demonstration project under that Act applies for a certificate
of need to convert to a nursing facility, it shall meet the
licensure and certificate of need requirements in effect as of
the date of application.
    This Act does not apply to a dialysis facility that
provides only dialysis training, support, and related services
to individuals with end stage renal disease who have elected to
receive home dialysis. This Act does not apply to a dialysis
unit located in a licensed nursing home that offers or provides
dialysis-related services to residents with end stage renal
disease who have elected to receive home dialysis within the
nursing home. The Board, however, may require these dialysis
facilities and licensed nursing homes to report statistical
information on a quarterly basis to the Board to be used by the
Board to conduct analyses on the need for proposed kidney
disease treatment centers.
    This Act shall not apply to the closure of an entity or a
portion of an entity licensed under the Nursing Home Care Act
or the MR/DD Community Care Act, with the exceptions of
facilities operated by a county or Illinois Veterans Homes,
that elects to convert, in whole or in part, to an assisted
living or shared housing establishment licensed under the
Assisted Living and Shared Housing Act.
    This Act does not apply to any change of ownership of a
healthcare facility that is licensed under the Nursing Home
Care Act or the ID/DD MR/DD Community Care Act, with the
exceptions of facilities operated by a county or Illinois
Veterans Homes. Changes of ownership of facilities licensed
under the Nursing Home Care Act must meet the requirements set
forth in Sections 3-101 through 3-119 of the Nursing Home Care
Act.
    With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
    "Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
    "Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by (a), (b), or (c).
    "State Board" or "Board" means the Health Facilities and
Services Review Board.
    "Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
    "Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service as defined by
the Board.
    "Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
    "Capital Expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
    For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
    "Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
    "Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
    "Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
    "Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".
    "Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
    "Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Agency" means the Illinois Department of Public Health.
    "Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
    "Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.
    "Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
    "Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
    "Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
    "Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
95-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
8-21-08; 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; 96-1000,
eff. 7-2-10.)
 
    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
    (1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
    (2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
    (3) (Blank).
    (4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD MR/DD Community Care Act, or nursing homes
licensed under the Hospital Licensing Act shall be conducted on
an annual basis no later than July 1 of each year and shall
include among the information requested a list of all services
provided by a facility to its residents and to the community at
large and differentiate between active and inactive beds.
    In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
        (a) The size, composition and growth of the population
    of the area to be served;
        (b) The number of existing and planned facilities
    offering similar programs;
        (c) The extent of utilization of existing facilities;
        (d) The availability of facilities which may serve as
    alternatives or substitutes;
        (e) The availability of personnel necessary to the
    operation of the facility;
        (f) Multi-institutional planning and the establishment
    of multi-institutional systems where feasible;
        (g) The financial and economic feasibility of proposed
    construction or modification; and
        (h) In the case of health care facilities established
    by a religious body or denomination, the needs of the
    members of such religious body or denomination may be
    considered to be public need.
    The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
    (5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting.
    (6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
    (7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
    (8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
    Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
        (a) Projects to construct (1) a new or replacement
    facility located on a new site or (2) a replacement
    facility located on the same site as the original facility
    and the cost of the replacement facility exceeds the
    capital expenditure minimum;
        (b) Projects proposing a (1) new service or (2)
    discontinuation of a service, which shall be reviewed by
    the Board within 60 days; or
        (c) Projects proposing a change in the bed capacity of
    a health care facility by an increase in the total number
    of beds or by a redistribution of beds among various
    categories of service or by a relocation of beds from one
    physical facility or site to another by more than 20 beds
    or more than 10% of total bed capacity, as defined by the
    State Board, whichever is less, over a 2-year period.
    The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
    Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
    (9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
    (10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
    (11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board within 30 days of
the meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The staff of the State Board shall
prepare a written copy of the final decision and the State
Board shall approve a final copy for inclusion in the formal
record.
    (12) Require at least one of its members to participate in
any public hearing, after the appointment of the 9 members to
the Board.
    (13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
    (14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
    (15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service
Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Board shall file the
proposed related administrative rules for the separate rules
and guidelines for long-term care required by this paragraph
(15) by September 1, 2010. The Subcommittee shall be provided a
reasonable and timely opportunity to review and comment on any
review, revision, or updating of the criteria, standards,
procedures, and rules used to evaluate project applications as
provided under Section 12.3 of this Act prior to approval by
the Board and promulgation of related rules.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10.)
 
    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 13. Investigation of applications for permits and
certificates of recognition. The Agency or the State Board
shall make or cause to be made such investigations as it or the
State Board deems necessary in connection with an application
for a permit or an application for a certificate of
recognition, or in connection with a determination of whether
or not construction or modification which has been commenced is
in accord with the permit issued by the State Board or whether
construction or modification has been commenced without a
permit having been obtained. The State Board may issue
subpoenas duces tecum requiring the production of records and
may administer oaths to such witnesses.
    Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
    The State Board shall require all health facilities
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior to
collecting information from health facilities, the State Board
shall make reasonable efforts through a public process to
consult with health facilities and associations that represent
them to determine whether data and information requests will
result in useful information for health planning, whether
sufficient information is available from other sources, and
whether data requested is routinely collected by health
facilities and is available without retrospective record
review. Data and information requests shall not impose undue
paperwork burdens on health care facilities and personnel.
Health facilities not complying with this requirement shall be
reported to licensing, accrediting, certifying, or payment
agencies as being in violation of State law. Health care
facilities and other parties at interest shall have reasonable
access, under rules established by the State Board, to all
planning information submitted in accord with this Act
pertaining to their area.
    Among the reports to be required by the State Board are
facility questionnaires for health care facilities licensed
under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
MR/DD Community Care Act, or the End Stage Renal Disease
Facility Act. These questionnaires shall be conducted on an
annual basis and compiled by the Agency. For health care
facilities licensed under the Nursing Home Care Act or the
ID/DD MR/DD Community Care Act, these reports shall include,
but not be limited to, the identification of specialty services
provided by the facility to patients, residents, and the
community at large. For health care facilities that contain
long term care beds, the reports shall also include the number
of staffed long term care beds, physical capacity for long term
care beds at the facility, and long term care beds available
for immediate occupancy. For purposes of this paragraph, "long
term care beds" means beds (i) licensed under the Nursing Home
Care Act, (ii) licensed under the ID/DD MR/DD Community Care
Act, or (iii) licensed under the Hospital Licensing Act and
certified as skilled nursing or nursing facility beds under
Medicaid or Medicare.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (20 ILCS 3960/14.1)
    Sec. 14.1. Denial of permit; other sanctions.
    (a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
        (1) The acquisition of major medical equipment without
    a permit or in violation of the terms of a permit.
        (2) The establishment, construction, or modification
    of a health care facility without a permit or in violation
    of the terms of a permit.
        (3) The violation of any provision of this Act or any
    rule adopted under this Act.
        (4) The failure, by any person subject to this Act, to
    provide information requested by the State Board or Agency
    within 30 days after a formal written request for the
    information.
        (5) The failure to pay any fine imposed under this
    Section within 30 days of its imposition.
    (a-5) For facilities licensed under the ID/DD MR/DD
Community Care Act, no permit shall be denied on the basis of
prior operator history, other than for actions specified under
item (2), (4), or (5) of Section 3-117 of the ID/DD MR/DD
Community Care Act. For facilities licensed under the Nursing
Home Care Act, no permit shall be denied on the basis of prior
operator history, other than for: (i) actions specified under
item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
Home Care Act; (ii) actions specified under item (a)(6) of
Section 3-119 of the Nursing Home Care Act; or (iii) actions
within the preceding 5 years constituting a substantial and
repeated failure to comply with the Nursing Home Care Act or
the rules and regulations adopted by the Department under that
Act. The State Board shall not deny a permit on account of any
action described in this subsection (a-5) without also
considering all such actions in the light of all relevant
information available to the State Board, including whether the
permit is sought to substantially comply with a mandatory or
voluntary plan of correction associated with any action
described in this subsection (a-5).
    (b) Persons shall be subject to fines as follows:
        (1) A permit holder who fails to comply with the
    requirements of maintaining a valid permit shall be fined
    an amount not to exceed 1% of the approved permit amount
    plus an additional 1% of the approved permit amount for
    each 30-day period, or fraction thereof, that the violation
    continues.
        (2) A permit holder who alters the scope of an approved
    project or whose project costs exceed the allowable permit
    amount without first obtaining approval from the State
    Board shall be fined an amount not to exceed the sum of (i)
    the lesser of $25,000 or 2% of the approved permit amount
    and (ii) in those cases where the approved permit amount is
    exceeded by more than $1,000,000, an additional $20,000 for
    each $1,000,000, or fraction thereof, in excess of the
    approved permit amount.
        (3) A person who acquires major medical equipment or
    who establishes a category of service without first
    obtaining a permit or exemption, as the case may be, shall
    be fined an amount not to exceed $10,000 for each such
    acquisition or category of service established plus an
    additional $10,000 for each 30-day period, or fraction
    thereof, that the violation continues.
        (4) A person who constructs, modifies, or establishes a
    health care facility without first obtaining a permit shall
    be fined an amount not to exceed $25,000 plus an additional
    $25,000 for each 30-day period, or fraction thereof, that
    the violation continues.
        (5) A person who discontinues a health care facility or
    a category of service without first obtaining a permit
    shall be fined an amount not to exceed $10,000 plus an
    additional $10,000 for each 30-day period, or fraction
    thereof, that the violation continues. For purposes of this
    subparagraph (5), facilities licensed under the Nursing
    Home Care Act or the ID/DD MR/DD Community Care Act, with
    the exceptions of facilities operated by a county or
    Illinois Veterans Homes, are exempt from this permit
    requirement. However, facilities licensed under the
    Nursing Home Care Act or the ID/DD MR/DD Community Care Act
    must comply with Section 3-423 of the Nursing Home Care Act
    or Section 3-423 of the ID/DD MR/DD Community Care Act and
    must provide the Board with 30-days' written notice of its
    intent to close.
        (6) A person subject to this Act who fails to provide
    information requested by the State Board or Agency within
    30 days of a formal written request shall be fined an
    amount not to exceed $1,000 plus an additional $1,000 for
    each 30-day period, or fraction thereof, that the
    information is not received by the State Board or Agency.
    (c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
    (d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10;
96-1372, eff. 7-29-10.)
 
    Section 30. The State Finance Act is amended by changing
Section 8.8 as follows:
 
    (30 ILCS 105/8.8)  (from Ch. 127, par. 144.8)
    Sec. 8.8. Appropriations for the improvement, development,
addition or expansion of services for the care, treatment, and
training of persons who are intellectually disabled mentally
retarded or subject to involuntary admission under the Mental
Health and Developmental Disabilities Code or for the financing
of any program designed to provide such improvement,
development, addition or expansion of services or for expenses
incurred in administering the provisions of Sections 5-105 to
5-115, inclusive, of the Mental Health and Developmental
Disabilities Code, or other ordinary and contingent expenses of
the Department of Human Services relating to mental health and
developmental disabilities, are payable from the Mental Health
Fund. However, no expenditures shall be made for the purchase,
construction, lease, or rental of buildings for use as
State-operated mental health or developmental disability
facilities.
(Source: P.A. 96-959, eff. 7-1-10.)
 
    Section 35. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 2 as follows:
 
    (30 ILCS 575/2)
    (Section scheduled to be repealed on June 30, 2012)
    Sec. 2. Definitions.
    (A) For the purpose of this Act, the following terms shall
have the following definitions:
    (1) "Minority person" shall mean a person who is a citizen
or lawful permanent resident of the United States and who is:
        (a) African American (a person having origins in any of
    the black racial groups in Africa);
        (b) Hispanic (a person of Spanish or Portuguese culture
    with origins in Mexico, South or Central America, or the
    Caribbean Islands, regardless of race);
        (c) Asian American (a person having origins in any of
    the original peoples of the Far East, Southeast Asia, the
    Indian Subcontinent or the Pacific Islands); or
        (d) Native American or Alaskan Native (a person having
    origins in any of the original peoples of North America).
    (2) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
    (2.05) "Person with a disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disabled under subdivision (2.1) of this
subsection (A).
    (2.1) "Disabled" means a severe physical or mental
disability that:
    (a) results from:
    amputation,
    arthritis,
    autism,
    blindness,
    burn injury,
    cancer,
    cerebral palsy,
    Crohn's disease,
    cystic fibrosis,
    deafness,
    head injury,
    heart disease,
    hemiplegia,
    hemophilia,
    respiratory or pulmonary dysfunction,
    an intellectual disability mental retardation,
    mental illness,
    multiple sclerosis,
    muscular dystrophy,
    musculoskeletal disorders,
    neurological disorders, including stroke and epilepsy,
    paraplegia,
    quadriplegia and other spinal cord conditions,
    sickle cell anemia,
    ulcerative colitis,
    specific learning disabilities, or
    end stage renal failure disease; and
    (b) substantially limits one or more of the person's major
life activities.
    Another disability or combination of disabilities may also
be considered as a severe disability for the purposes of item
(a) of this subdivision (2.1) if it is determined by an
evaluation of rehabilitation potential to cause a comparable
degree of substantial functional limitation similar to the
specific list of disabilities listed in item (a) of this
subdivision (2.1).
    (3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who own
it.
    (4) "Female owned business" means a business concern which
is at least 51% owned by one or more females, or, in the case of
a corporation, at least 51% of the stock in which is owned by
one or more females; and the management and daily business
operations of which are controlled by one or more of the
females who own it.
    (4.1) "Business owned by a person with a disability" means
a business concern that is at least 51% owned by one or more
persons with a disability and the management and daily business
operations of which are controlled by one or more of the
persons with disabilities who own it. A not-for-profit agency
for persons with disabilities that is exempt from taxation
under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".
    (4.2) "Council" means the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities created
under Section 5 of this Act.
    (5) "State contracts" shall mean all State contracts,
funded exclusively with State funds which are not subject to
federal reimbursement, whether competitively bid or negotiated
as defined by the Secretary of the Council and approved by the
Council.
    "State construction contracts" means all State contracts
entered into by a State agency or State university for the
repair, remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a highway
defined in Article 2 of the Illinois Highway Code.
    (6) "State agencies" shall mean all departments, officers,
boards, commissions, institutions and bodies politic and
corporate of the State, but does not include the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State constitutional
officers.
    (7) "State universities" shall mean the Board of Trustees
of the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of Chicago
State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, and the
Board of Trustees of Western Illinois University.
    (8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to make
certifications, or by a State agency with statutory authority
to make such a certification, that a business entity is a
business owned by a minority, female, or person with a
disability for whatever purpose. A business owned and
controlled by females shall select and designate whether such
business is to be certified as a "Female-owned business" or
"Minority-owned business" if the females are also minorities.
    (9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to, capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operating responsibilities, cost-control matters, income and
dividend matters, financial transactions and rights of other
shareholders or joint partners. Control shall be real,
substantial and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business and control shall not include simple
majority or absentee ownership.
    (10) "Business concern or business" means a business that
has annual gross sales of less than $75,000,000 as evidenced by
the federal income tax return of the business. A firm with
gross sales in excess of this cap may apply to the Council for
certification for a particular contract if the firm can
demonstrate that the contract would have significant impact on
businesses owned by minorities, females, or persons with
disabilities as suppliers or subcontractors or in employment of
minorities, females, or persons with disabilities.
    (B) When a business concern is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business concern.
(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09;
96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for effective
date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10.)
 
    Section 36. The Illinois Income Tax Act is amended by
changing Section 806 as follows:
 
    (35 ILCS 5/806)
    Sec. 806. Exemption from penalty. An individual taxpayer
shall not be subject to a penalty for failing to pay estimated
tax as required by Section 803 if the taxpayer is 65 years of
age or older and is a permanent resident of a nursing home. For
purposes of this Section, "nursing home" means a skilled
nursing or intermediate long term care facility that is subject
to licensure by the Illinois Department of Public Health under
the Nursing Home Care Act or the ID/DD MR/DD Community Care
Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 37. The Use Tax Act is amended by changing Section
3-5 as follows:
 
    (35 ILCS 105/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.
    (5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
    (6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
graphic arts product.
    (7) Farm chemicals.
    (8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (10) A motor vehicle of the first division, a motor vehicle
of the second division that is a self-contained motor vehicle
designed or permanently converted to provide living quarters
for recreational, camping, or travel use, with direct walk
through to the living quarters from the driver's seat, or a
motor vehicle of the second division that is of the van
configuration designed for the transportation of not less than
7 nor more than 16 passengers, as defined in Section 1-146 of
the Illinois Vehicle Code, that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
    (11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.
    (12) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for or
returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
    (13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
    (14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (16) Until July 1, 2003, coal exploration, mining,
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser.
    (19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
    (20) Semen used for artificial insemination of livestock
for direct agricultural production.
    (21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the provisions
of Section 3-90, and the exemption provided for under this item
(21) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 for such taxes paid during the period beginning May 30,
2000 and ending on January 1, 2008.
    (22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
    (23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active sales tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" or an "exotic
game hunting area" as those terms are used in the Wildlife Code
or at a hunting enclosure approved through rules adopted by the
Department of Natural Resources. This paragraph is exempt from
the provisions of Section 3-90.
    (27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
    (29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.
    (30) Beginning January 1, 2001 and through June 30, 2011,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD MR/DD Community Care Act.
    (31) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
    (32) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active sales tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the
property is leased in a manner that does not qualify for this
exemption or used in any other nonexempt manner, the lessor
shall be liable for the tax imposed under this Act or the
Service Use Tax Act, as the case may be, based on the fair
market value of the property at the time the nonqualifying use
occurs. No lessor shall collect or attempt to collect an amount
(however designated) that purports to reimburse that lessor for
the tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable to
pay that amount to the Department. This paragraph is exempt
from the provisions of Section 3-90.
    (33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
1, 2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross vehicle
weight rating in excess of 8,000 pounds; (ii) that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code; and (iii) that are
primarily used for commercial purposes. Through June 30, 2005,
this exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that
motor vehicle is used in a manner that would qualify for the
rolling stock exemption otherwise provided for in this Act. For
purposes of this paragraph, the term "used for commercial
purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise,
whether for-hire or not.
    (34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-90.
    (35) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
    (36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10.)
 
    Section 38. The Service Use Tax Act is amended by changing
Sections 3-5 and 3-10 as follows:
 
    (35 ILCS 110/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-75.
    (8) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for or
returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both new
and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
    (12) Until July 1, 2003, coal exploration, mining,
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (13) Semen used for artificial insemination of livestock
for direct agricultural production.
    (14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the provisions
of Section 3-75, and the exemption provided for under this item
(14) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after the effective
date of this amendatory Act of the 95th General Assembly for
such taxes paid during the period beginning May 30, 2000 and
ending on the effective date of this amendatory Act of the 95th
General Assembly.
    (15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" or an "exotic
game hunting area" as those terms are used in the Wildlife Code
or at a hunting enclosure approved through rules adopted by the
Department of Natural Resources. This paragraph is exempt from
the provisions of Section 3-75.
    (20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
    (22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
    (23) Beginning August 23, 2001 and through June 30, 2011,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD MR/DD Community Care Act.
    (24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the property is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-75.
    (27) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
    (28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10.)
 
    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 but
applies to 100% of the selling price thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or
the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can, carton,
or container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
    Section 39. The Service Occupation Tax Act is amended by
changing Sections 3-5 and 3-10 as follows:
 
    (35 ILCS 115/3-5)
    Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
    (1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-55.
    (8) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for or
returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (12) Until July 1, 2003, coal exploration, mining,
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (13) Beginning January 1, 1992 and through June 30, 2011,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD MR/DD Community Care Act.
    (14) Semen used for artificial insemination of livestock
for direct agricultural production.
    (15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the provisions
of Section 3-55, and the exemption provided for under this item
(15) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
    (16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act.
    (17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" or an "exotic game
hunting area" as those terms are used in the Wildlife Code or
at a hunting enclosure approved through rules adopted by the
Department of Natural Resources. This paragraph is exempt from
the provisions of Section 3-55.
    (21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
    (23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-55.
    (24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. This paragraph
is exempt from the provisions of Section 3-55.
    (25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. This paragraph is exempt from
the provisions of Section 3-55.
    (26) Beginning on January 1, 2002 and through June 30,
2011, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (26). The permit issued under this paragraph (26)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
    (27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-55.
    (28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-55.
    (29) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10.)
 
    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2013, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or
the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
    Section 40. The Retailers' Occupation Tax Act is amended by
changing Section 2-5 as follows:
 
    (35 ILCS 120/2-5)
    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt
from the tax imposed by this Act:
    (1) Farm chemicals.
    (2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (2). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed, if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 2-70.
    (3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (4) Until July 1, 2003 and beginning again September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (5) A motor vehicle of the first division, a motor vehicle
of the second division that is a self contained motor vehicle
designed or permanently converted to provide living quarters
for recreational, camping, or travel use, with direct walk
through access to the living quarters from the driver's seat,
or a motor vehicle of the second division that is of the van
configuration designed for the transportation of not less than
7 nor more than 16 passengers, as defined in Section 1-146 of
the Illinois Vehicle Code, that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act. This paragraph is exempt from the provisions of Section
2-70.
    (6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
    (7) Until July 1, 2003, proceeds of that portion of the
selling price of a passenger car the sale of which is subject
to the Replacement Vehicle Tax.
    (8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the
county fair.
    (9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
    (11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or organization
that has no compensated officers or employees and that is
organized and operated primarily for the recreation of persons
55 years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active
identification number issued by the Department.
    (12) Tangible personal property sold to interstate
carriers for hire for use as rolling stock moving in interstate
commerce or to lessors under leases of one year or longer
executed or in effect at the time of purchase by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
    (12-5) On and after July 1, 2003 and through June 30, 2004,
motor vehicles of the second division with a gross vehicle
weight in excess of 8,000 pounds that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code. Beginning on July 1, 2004 and
through June 30, 2005, the use in this State of motor vehicles
of the second division: (i) with a gross vehicle weight rating
in excess of 8,000 pounds; (ii) that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code; and (iii) that are primarily used
for commercial purposes. Through June 30, 2005, this exemption
applies to repair and replacement parts added after the initial
purchase of such a motor vehicle if that motor vehicle is used
in a manner that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the
transportation of persons or property in furtherance of any
commercial or industrial enterprise whether for-hire or not.
    (13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
    (14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether the
sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other similar
items of no commercial value on special order for a particular
purchaser.
    (15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of food
and beverages, to the extent that the proceeds of the service
charge are in fact turned over as tips or as a substitute for
tips to the employees who participate directly in preparing,
serving, hosting or cleaning up the food or beverage function
with respect to which the service charge is imposed.
    (16) Petroleum products sold to a purchaser if the seller
is prohibited by federal law from charging tax to the
purchaser.
    (17) Tangible personal property sold to a common carrier by
rail or motor that receives the physical possession of the
property in Illinois and that transports the property, or
shares with another common carrier in the transportation of the
property, out of Illinois on a standard uniform bill of lading
showing the seller of the property as the shipper or consignor
of the property to a destination outside Illinois, for use
outside Illinois.
    (18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (19) Until July 1 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (21) Until July 1, 2003, coal exploration, mining,
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (22) Fuel and petroleum products sold to or used by an air
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air
common carrier, for a flight destined for or returning from a
location or locations outside the United States without regard
to previous or subsequent domestic stopovers.
    (23) A transaction in which the purchase order is received
by a florist who is located outside Illinois, but who has a
florist located in Illinois deliver the property to the
purchaser or the purchaser's donee in Illinois.
    (24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for
hire on rivers bordering on this State if the fuel is delivered
by the seller to the purchaser's barge, ship, or vessel while
it is afloat upon that bordering river.
    (25) Except as provided in item (25-5) of this Section, a
motor vehicle sold in this State to a nonresident even though
the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State,
and if a drive-away permit is issued to the motor vehicle as
provided in Section 3-603 of the Illinois Vehicle Code or if
the nonresident purchaser has vehicle registration plates to
transfer to the motor vehicle upon returning to his or her home
state. The issuance of the drive-away permit or having the
out-of-state registration plates to be transferred is prima
facie evidence that the motor vehicle will not be titled in
this State.
    (25-5) The exemption under item (25) does not apply if the
state in which the motor vehicle will be titled does not allow
a reciprocal exemption for a motor vehicle sold and delivered
in that state to an Illinois resident but titled in Illinois.
The tax collected under this Act on the sale of a motor vehicle
in this State to a resident of another state that does not
allow a reciprocal exemption shall be imposed at a rate equal
to the state's rate of tax on taxable property in the state in
which the purchaser is a resident, except that the tax shall
not exceed the tax that would otherwise be imposed under this
Act. At the time of the sale, the purchaser shall execute a
statement, signed under penalty of perjury, of his or her
intent to title the vehicle in the state in which the purchaser
is a resident within 30 days after the sale and of the fact of
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property in
his or her state of residence and shall submit the statement to
the appropriate tax collection agency in his or her state of
residence. In addition, the retailer must retain a signed copy
of the statement in his or her records. Nothing in this item
shall be construed to require the removal of the vehicle from
this state following the filing of an intent to title the
vehicle in the purchaser's state of residence if the purchaser
titles the vehicle in his or her state of residence within 30
days after the date of sale. The tax collected under this Act
in accordance with this item (25-5) shall be proportionately
distributed as if the tax were collected at the 6.25% general
rate imposed under this Act.
    (25-7) Beginning on July 1, 2007, no tax is imposed under
this Act on the sale of an aircraft, as defined in Section 3 of
the Illinois Aeronautics Act, if all of the following
conditions are met:
        (1) the aircraft leaves this State within 15 days after
    the later of either the issuance of the final billing for
    the sale of the aircraft, or the authorized approval for
    return to service, completion of the maintenance record
    entry, and completion of the test flight and ground test
    for inspection, as required by 14 C.F.R. 91.407;
        (2) the aircraft is not based or registered in this
    State after the sale of the aircraft; and
        (3) the seller retains in his or her books and records
    and provides to the Department a signed and dated
    certification from the purchaser, on a form prescribed by
    the Department, certifying that the requirements of this
    item (25-7) are met. The certificate must also include the
    name and address of the purchaser, the address of the
    location where the aircraft is to be titled or registered,
    the address of the primary physical location of the
    aircraft, and other information that the Department may
    reasonably require.
    For purposes of this item (25-7):
    "Based in this State" means hangared, stored, or otherwise
used, excluding post-sale customizations as defined in this
Section, for 10 or more days in each 12-month period
immediately following the date of the sale of the aircraft.
    "Registered in this State" means an aircraft registered
with the Department of Transportation, Aeronautics Division,
or titled or registered with the Federal Aviation
Administration to an address located in this State.
    This paragraph (25-7) is exempt from the provisions of
Section 2-70.
    (26) Semen used for artificial insemination of livestock
for direct agricultural production.
    (27) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (27) is exempt from the provisions
of Section 2-70, and the exemption provided for under this item
(27) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
    (28) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
    (29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of this Act.
    (30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (32) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" or an "exotic game
hunting area" as those terms are used in the Wildlife Code or
at a hunting enclosure approved through rules adopted by the
Department of Natural Resources. This paragraph is exempt from
the provisions of Section 2-70.
    (33) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 2-70.
    (35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 2-70.
    (35-5) Beginning August 23, 2001 and through June 30, 2011,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or a licensed facility as defined in
the ID/DD MR/DD Community Care Act.
    (36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose and
equipment used in the diagnosis, analysis, or treatment of
hospital patients sold to a lessor who leases the equipment,
under a lease of one year or longer executed or in effect at
the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department
under Section 1g of this Act. This paragraph is exempt from the
provisions of Section 2-70.
    (37) Beginning August 2, 2001, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act. This paragraph is exempt from the provisions of
Section 2-70.
    (38) Beginning on January 1, 2002 and through June 30,
2011, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph (38)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
    (39) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 2-70.
    (40) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
    (41) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 2-70.
(Source: P.A. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304,
eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08;
95-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff.
7-1-10; 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000,
eff. 7-2-10.)
 
    Section 41. The Property Tax Code is amended by changing
Sections 15-168, 15-170, and 15-172 as follows:
 
    (35 ILCS 200/15-168)
    Sec. 15-168. Disabled persons' homestead exemption.
    (a) Beginning with taxable year 2007, an annual homestead
exemption is granted to disabled persons in the amount of
$2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The disabled person shall receive the
homestead exemption upon meeting the following requirements:
        (1) The property must be occupied as the primary
    residence by the disabled person.
        (2) The disabled person must be liable for paying the
    real estate taxes on the property.
        (3) The disabled person must be an owner of record of
    the property or have a legal or equitable interest in the
    property as evidenced by a written instrument. In the case
    of a leasehold interest in property, the lease must be for
    a single family residence.
    A person who is disabled during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act or the ID/DD
MR/DD Community Care Act, then the exemption shall continue (i)
so long as the residence continues to be occupied by the
qualifying person's spouse or (ii) if the residence remains
unoccupied but is still owned by the person qualified for the
homestead exemption.
    (b) For the purposes of this Section, "disabled person"
means a person unable to engage in any substantial gainful
activity by reason of a medically determinable physical or
mental impairment which can be expected to result in death or
has lasted or can be expected to last for a continuous period
of not less than 12 months. Disabled persons filing claims
under this Act shall submit proof of disability in such form
and manner as the Department shall by rule and regulation
prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall
constitute proof of disability for purposes of this Act.
Issuance of an Illinois Disabled Person Identification Card
stating that the claimant is under a Class 2 disability, as
defined in Section 4A of The Illinois Identification Card Act,
shall constitute proof that the person named thereon is a
disabled person for purposes of this Act. A disabled person not
covered under the Federal Social Security Act and not
presenting a Disabled Person Identification Card stating that
the claimant is under a Class 2 disability shall be examined by
a physician designated by the Department, and his status as a
disabled person determined using the same standards as used by
the Social Security Administration. The costs of any required
examination shall be borne by the claimant.
    (c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a disabled person. The disabled person shall
receive the homestead exemption upon meeting the following
requirements:
        (1) The property must be occupied as the primary
    residence by the disabled person.
        (2) The disabled person must be liable by contract with
    the owner or owners of record for paying the apportioned
    property taxes on the property of the cooperative or life
    care facility. In the case of a life care facility, the
    disabled person must be liable for paying the apportioned
    property taxes under a life care contract as defined in
    Section 2 of the Life Care Facilities Act.
        (3) The disabled person must be an owner of record of a
    legal or equitable interest in the cooperative apartment
    building. A leasehold interest does not meet this
    requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying disabled person. The chief county
assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified disabled person is guilty of a Class B misdemeanor.
    (d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
    In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the disabled person in the
manner required by the chief county assessment officer.
    (e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10.)
 
    (35 ILCS 200/15-170)
    Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000
in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500 and, for taxable years 2008 and
thereafter, the maximum reduction is $4,000 in all counties.
    For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
    When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, or the ID/DD
MR/DD Community Care Act, the exemption shall continue so long
as the residence continues to be occupied by the qualifying
person's spouse if the spouse is 65 years of age or older, or
if the residence remains unoccupied but is still owned by the
person qualified for the homestead exemption.
    A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be
made during the application period in effect for the county of
his residence.
    Beginning with assessment year 2003, for taxes payable in
2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible
for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.
    The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
    The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
    The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
    In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.
The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.
    In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
    The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
96-339, eff. 7-1-10; 96-355, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1418, eff. 8-2-10.)
 
    (35 ILCS 200/15-172)
    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
    (a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
    (b) As used in this Section:
    "Applicant" means an individual who has filed an
application under this Section.
    "Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
    "Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
    "Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
    "Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
    "Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
    "Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
    "Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax Relief
and Pharmaceutical Assistance Act, except that, beginning in
assessment year 2001, "income" does not include veteran's
benefits.
    "Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
    "Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
    "Maximum income limitation" means:
        (1) $35,000 prior to taxable year 1999;
        (2) $40,000 in taxable years 1999 through 2003;
        (3) $45,000 in taxable years 2004 through 2005;
        (4) $50,000 in taxable years 2006 and 2007; and
        (5) $55,000 in taxable year 2008 and thereafter.
    "Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
    "Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
    (c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
    In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
        (1) For an applicant who has a household income of
    $45,000 or less, the amount of the exemption is the
    equalized assessed value of the residence in the taxable
    year for which application is made minus the base amount.
        (2) For an applicant who has a household income
    exceeding $45,000 but not exceeding $46,250, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.8.
        (3) For an applicant who has a household income
    exceeding $46,250 but not exceeding $47,500, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.6.
        (4) For an applicant who has a household income
    exceeding $47,500 but not exceeding $48,750, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.4.
        (5) For an applicant who has a household income
    exceeding $48,750 but not exceeding $50,000, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.2.
    When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
    Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
    In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
    When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, or the ID/DD MR/DD Community Care Act,
the exemption shall be granted in subsequent years so long as
the residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
    Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
    When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
    For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 1961. The applications
shall be clearly marked as applications for the Senior Citizens
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
    Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
    Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
    In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
    For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
    The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
    Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
    Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
    (d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10;
96-355, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    Section 42. The Counties Code is amended by changing
Section 5-25013 as follows:
 
    (55 ILCS 5/5-25013)  (from Ch. 34, par. 5-25013)
    Sec. 5-25013. Organization of board; powers and duties.
    (A) The board of health of each county or multiple-county
health department shall, immediately after appointment, meet
and organize, by the election of one of its number as president
and one as secretary, and either from its number or otherwise,
a treasurer and such other officers as it may deem necessary. A
board of health may make and adopt such rules for its own
guidance and for the government of the health department as may
be deemed necessary to protect and improve public health not
inconsistent with this Division. It shall:
        1. Hold a meeting prior to the end of each operating
    fiscal year, at which meeting officers shall be elected for
    the ensuing operating fiscal year;
        2. Hold meetings at least quarterly;
        3. Hold special meetings upon a written request signed
    by two members and filed with the Secretary or on request
    of the medical health officer or public health
    administrator;
        4. Provide, equip and maintain suitable offices,
    facilities and appliances for the health department;
        5. Publish annually, within 90 days after the end of
    the county's operating fiscal year, in pamphlet form, for
    free distribution, an annual report showing the condition
    of its trust on the last day of the most recently completed
    operating fiscal year, the sums of money received from all
    sources, giving the name of any donor, how all moneys have
    been expended and for what purpose, and such other
    statistics and information in regard to the work of the
    health department as it may deem of general interest;
        6. Within its jurisdiction, and professional and
    technical competence, enforce and observe all State laws
    pertaining to the preservation of health, and all county
    and municipal ordinances except as otherwise provided in
    this Division;
        7. Within its jurisdiction, and professional and
    technical competence, investigate the existence of any
    contagious or infectious disease and adopt measures, not
    inconsistent with the regulations of the State Department
    of Public Health, to arrest the progress of the same;
        8. Within its jurisdiction, and professional and
    technical competence, make all necessary sanitary and
    health investigations and inspections;
        9. Upon request, give professional advice and
    information to all city, village, incorporated town and
    school authorities, within its jurisdiction, in all
    matters pertaining to sanitation and public health;
        10. Appoint a medical health officer as the executive
    officer for the department, who shall be a citizen of the
    United States and shall possess such qualifications as may
    be prescribed by the State Department of Public Health; or
    appoint a public health administrator who shall possess
    such qualifications as may be prescribed by the State
    Department of Public Health as the executive officer for
    the department, provided that the board of health shall
    make available medical supervision which is considered
    adequate by the Director of Public Health;
        10 1/2. Appoint such professional employees as may be
    approved by the executive officer who meet the
    qualification requirements of the State Department of
    Public Health for their respective positions provided,
    that in those health departments temporarily without a
    medical health officer or public health administrator
    approval by the State Department of Public Health shall
    suffice;
        11. Appoint such other officers and employees as may be
    necessary;
        12. Prescribe the powers and duties of all officers and
    employees, fix their compensation, and authorize payment
    of the same and all other department expenses from the
    County Health Fund of the county or counties concerned;
        13. Submit an annual budget to the county board or
    boards;
        14. Submit an annual report to the county board or
    boards, explaining all of its activities and expenditures;
        15. Establish and carry out programs and services in
    mental health, including intellectual disabilities mental
    retardation and alcoholism and substance abuse, not
    inconsistent with the regulations of the Department of
    Human Services;
        16. Consult with all other private and public health
    agencies in the county in the development of local plans
    for the most efficient delivery of health services.
    (B) The board of health of each county or multiple-county
health department may:
        1. Initiate and carry out programs and activities of
    all kinds, not inconsistent with law, that may be deemed
    necessary or desirable in the promotion and protection of
    health and in the control of disease including
    tuberculosis;
        2. Receive contributions of real and personal
    property;
        3. Recommend to the county board or boards the adoption
    of such ordinances and of such rules and regulations as may
    be deemed necessary or desirable for the promotion and
    protection of health and control of disease;
        4. Appoint a medical and dental advisory committee and
    a non-medical advisory committee to the health department;
        5. Enter into contracts with the State,
    municipalities, other political subdivisions and
    non-official agencies for the purchase, sale or exchange of
    health services;
        6. Set fees it deems reasonable and necessary (i) to
    provide services or perform regulatory activities, (ii)
    when required by State or federal grant award conditions,
    (iii) to support activities delegated to the board of
    health by the Illinois Department of Public Health, or (iv)
    when required by an agreement between the board of health
    and other private or governmental organizations, unless
    the fee has been established as a part of a regulatory
    ordinance adopted by the county board, in which case the
    board of health shall make recommendations to the county
    board concerning those fees. Revenue generated under this
    Section shall be deposited into the County Health Fund or
    to the account of the multiple-county health department.
        7. Enter into multiple year employment contracts with
    the medical health officer or public health administrator
    as may be necessary for the recruitment and retention of
    personnel and the proper functioning of the health
    department.
    (C) The board of health of a multiple-county health
department may hire attorneys to represent and advise the
department concerning matters that are not within the exclusive
jurisdiction of the State's Attorney of one of the counties
that created the department.
(Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)
 
    Section 45. The County Care for Persons with Developmental
Disabilities Act is amended by changing the title of the Act
and by changing Sections 1, 1.1, and 1.2 as follows:
 
    (55 ILCS 105/Act title)
An Act concerning the care and treatment of persons who are
intellectually disabled mentally retarded or under
developmental disability.
 
    (55 ILCS 105/1)  (from Ch. 91 1/2, par. 201)
    Sec. 1. Facilities or services; tax levy. Any county may
provide facilities or services for the benefit of its residents
who are intellectually disabled mentally retarded or under a
developmental disability and who are not eligible to
participate in any such program conducted under Article 14 of
the School Code, or may contract therefor with any privately or
publicly operated entity which provides facilities or services
either in or out of such county.
    For such purpose, the county board may levy an annual tax
of not to exceed .1% upon all of the taxable property in the
county at the value thereof, as equalized or assessed by the
Department of Revenue. Taxes first levied under this Section on
or after the effective date of this amendatory Act of the 96th
General Assembly are subject to referendum approval under
Section 1.1 or 1.2 of this Act. Such tax shall be levied and
collected in the same manner as other county taxes, but shall
not be included in any limitation otherwise prescribed as to
the rate or amount of county taxes but shall be in addition
thereto and in excess thereof. When collected, such tax shall
be paid into a special fund in the county treasury, to be
designated as the "Fund for Persons With a Developmental
Disability", and shall be used only for the purpose specified
in this Section. The levying of this annual tax shall not
preclude the county from the use of other federal, State, or
local funds for the purpose of providing facilities or services
for the care and treatment of its residents who are mentally
retarded or under a developmental disability.
(Source: P.A. 96-1350, eff. 7-28-10.)
 
    (55 ILCS 105/1.1)
    Sec. 1.1. Petition for submission to referendum by county.
    (a) If, on and after the effective date of this amendatory
Act of the 96th General Assembly, the county board passes an
ordinance or resolution as provided in Section 1 of this Act
asking that an annual tax may be levied for the purpose of
providing facilities or services set forth in that Section and
so instructs the county clerk, the clerk shall certify the
proposition to the proper election officials for submission at
the next general county election. The proposition shall be in
substantially the following form:
        Shall ..... County levy an annual tax not to exceed
    0.1% upon the equalized assessed value of all taxable
    property in the county for the purposes of providing
    facilities or services for the benefit of its residents who
    are intellectually disabled mentally retarded or under a
    developmental disability and who are not eligible to
    participate in any program provided under Article 14 of the
    School Code, 105 ILCS 5/14.1-1.01 et seq., including
    contracting for those facilities or services with any
    privately or publicly operated entity that provides those
    facilities or services either in or out of the county?
    (b) If a majority of the votes cast upon the proposition
are in favor thereof, such tax levy shall be authorized and the
county shall levy a tax not to exceed the rate set forth in
Section 1 of this Act.
(Source: P.A. 96-1350, eff. 7-28-10.)
 
    (55 ILCS 105/1.2)
    Sec. 1.2. Petition for submission to referendum by
electors.
    (a) Whenever a petition for submission to referendum by the
electors which requests the establishment and maintenance of
facilities or services for the benefit of its residents with a
developmental disability and the levy of an annual tax not to
exceed 0.1% upon all the taxable property in the county at the
value thereof, as equalized or assessed by the Department of
Revenue, is signed by electors of the county equal in number to
at least 10% of the total votes cast for the office that
received the greatest total number of votes at the last
preceding general county election and is presented to the
county clerk, the clerk shall certify the proposition to the
proper election authorities for submission at the next general
county election. The proposition shall be in substantially the
following form:
        Shall ..... County levy an annual tax not to exceed
    0.1% upon the equalized assessed value of all taxable
    property in the county for the purposes of establishing and
    maintaining facilities or services for the benefit of its
    residents who are intellectually disabled mentally
    retarded or under a developmental disability and who are
    not eligible to participate in any program provided under
    Article 14 of the School Code, 105 ILCS 5/14.1-1.01 et
    seq., including contracting for those facilities or
    services with any privately or publicly operated entity
    that provides those facilities or services either in or out
    of the county?
    (b) If a majority of the votes cast upon the proposition
are in favor thereof, such tax levy shall be authorized and the
county shall levy a tax not to exceed the rate set forth in
Section 1 of this Act.
(Source: P.A. 96-1350, eff. 7-28-10.)
 
    Section 50. The Township Code is amended by changing
Sections 30-145, 190-10, and 260-5 as follows:
 
    (60 ILCS 1/30-145)
    Sec. 30-145. Mental health services. If a township is not
included in a mental health district organized under the
Community Mental Health Act, the electors may authorize the
board of trustees to provide mental health services, including
services for the alcoholic, the drug addicted, and the
intellectually disabled mentally retarded, for residents of
the township by disbursing existing funds if available by
contracting with mental health agencies approved by the
Department of Human Services, alcoholism treatment programs
licensed by the Department of Public Health, and drug abuse
facilities and other alcohol and drug abuse services approved
by the Department of Human Services. To be eligible to receive
township funds, an agency, program, facility, or other service
provider must have been in existence for more than one year and
must serve the township area.
(Source: P.A. 89-507, eff. 7-1-97; 90-210, eff. 7-25-97.)
 
    (60 ILCS 1/190-10)
    Sec. 190-10. Mental health services. If a township is not
included in a mental health district organized under the
Community Mental Health Act, the township board may provide
mental health services (including services for the alcoholic,
the drug addicted, and the intellectually disabled mentally
retarded) for residents of the township by disbursing funds,
pursuant to an appropriation, to mental health agencies
approved by the Department of Human Services, alcoholism
treatment programs licensed by the Department of Public Health,
drug abuse facilities approved by the Department of Human
Services, and other alcoholism and drug abuse services approved
by the Department of Human Services. To be eligible for
township funds disbursed under this Section, an agency,
program, facility, or other service provider must have been in
existence for more than one year and serve the township area.
(Source: P.A. 88-62; 89-507, eff. 7-1-97.)
 
    (60 ILCS 1/260-5)
    Sec. 260-5. Distributions from general fund, generally. To
the extent that moneys in the township general fund have not
been appropriated for other purposes, the township board may
direct that distributions be made from that fund as follows:
        (1) To (i) school districts maintaining grades 1
    through 8 that are wholly or partly located within the
    township or (ii) governmental units as defined in Section 1
    of the Community Mental Health Act that provide mental
    health facilities and services (including facilities and
    services for the intellectually disabled mentally
    retarded) under that Act within the township, or (iii)
    both.
        (2) To community action agencies that serve township
    residents. "Community action agencies" are defined as in
    Part A of Title II of the federal Economic Opportunity Act
    of 1964.
(Source: P.A. 82-783; 88-62.)
 
    Section 55. The Public Health District Act is amended by
changing Section 17 as follows:
 
    (70 ILCS 905/17)  (from Ch. 111 1/2, par. 17)
    Sec. 17. The medical health officer or administrator shall
have power, and it shall be his or her duty:
        (1) To be the executive officer of the board of health.
        (2) To enforce and observe the rules, regulations and
    orders of the State Department of Public Health and all
    State laws pertaining to the preservation of the health of
    the people within the public health district, including
    regulations in which the State Department of Public Health
    shall require provision of home visitation and other
    services for pregnant women, new mothers and infants who
    are at risk as defined by that Department that encompass
    but are not limited to consultation for parental and child
    development, comprehensive health education, nutritional
    assessment, dental health, and periodic health screening,
    referral and follow-up; the services shall be provided
    through programs funded by grants from the Department of
    Public Health from appropriations to the Department for
    that purpose.
        (3) To exercise the rights, powers and duties of all
    township boards of health and county boards of health
    within the public health district.
        (4) To execute and enforce, within the public health
    district, all city, village and incorporated town
    ordinances relating to public health and sanitation.
        (5) To investigate the existence of any contagious or
    infectious disease within the public health district and to
    adopt measures, with the approval of the State Department
    of Public Health, to arrest the progress of the same.
        (6) To make all necessary sanitary and health
    investigations and inspections within the public health
    district.
        (7) To establish a dental clinic for the benefit of the
    school children of the district.
        (8) To give professional advice and information to all
    city, village, incorporated town and school authorities
    within the public health district in all matters pertaining
    to sanitation and public health.
        (9) To devote his or her entire time to his or her
    official duties.
        (10) To establish and execute programs and services in
    the field of mental health, including intellectual
    disabilities mental retardation, not inconsistent with the
    regulations of the Department of Human Services.
        (11) If approved by the board of health, to enter into
    contracts with municipalities, other political
    subdivisions and private agencies for the purchase, sale,
    delivery or exchange of health services.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 56. The Regional Transportation Authority Act is
amended by changing Section 4.03 as follows:
 
    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
    Sec. 4.03. Taxes.
    (a) In order to carry out any of the powers or purposes of
the Authority, the Board may by ordinance adopted with the
concurrence of 12 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes
imposed under this Section and civil penalties imposed incident
thereto shall be collected and enforced by the State Department
of Revenue. The Department shall have the power to administer
and enforce the taxes and to determine all rights for refunds
for erroneous payments of the taxes. Nothing in this amendatory
Act of the 95th General Assembly is intended to invalidate any
taxes currently imposed by the Authority. The increased vote
requirements to impose a tax shall only apply to actions taken
after the effective date of this amendatory Act of the 95th
General Assembly.
    (b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor vehicles
upon public highways. The tax shall be at a rate not to exceed
5% of the gross receipts from the sales of motor fuel in the
course of the business. As used in this Act, the term "motor
fuel" shall have the same meaning as in the Motor Fuel Tax Law.
The Board may provide for details of the tax. The provisions of
any tax shall conform, as closely as may be practicable, to the
provisions of the Municipal Retailers Occupation Tax Act,
including without limitation, conformity to penalties with
respect to the tax imposed and as to the powers of the State
Department of Revenue to promulgate and enforce rules and
regulations relating to the administration and enforcement of
the provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales of
motor fuel in the metropolitan region, at rates as limited by
this Section.
    (c) In connection with the tax imposed under paragraph (b)
of this Section the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the
operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
    (d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and
exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the term
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor vehicles
are permitted to park in return for an hourly, daily, or other
periodic fee, whether publicly or privately owned, but does not
include parking spaces on a public street, the use of which is
regulated by parking meters.
    (e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged in
the business of selling tangible personal property at retail in
the metropolitan region. In Cook County the tax rate shall be
1.25% of the gross receipts from sales of food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks and food that
has been prepared for immediate consumption) and prescription
and nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics, and 1% of the gross receipts from other taxable
sales made in the course of that business. In DuPage, Kane,
Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
of the gross receipts from all taxable sales made in the course
of that business. The tax imposed under this Section and all
civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The Department shall have full power to administer and
enforce this Section; to collect all taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
    For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois, is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
    No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
    Nothing in this Section shall be construed to authorize the
Regional Transportation Authority to impose a tax upon the
privilege of engaging in any business that under the
Constitution of the United States may not be made the subject
of taxation by this State.
    (f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service occupation
tax by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, or the ID/DD MR/DD Community Care Act
that is located in the metropolitan region; (2) 1.25% of the
selling price of food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics; and (3) 1% of the selling price from other taxable
sales of tangible personal property transferred. In DuPage,
Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
of the selling price of all tangible personal property
transferred.
    The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of and compliance with
this paragraph, the Department and persons who are subject to
this paragraph shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms, and employ the
same modes of procedure, as are prescribed in Sections 1a-1, 2,
2a, 3 through 3-50 (in respect to all provisions therein other
than the State rate of tax), 4 (except that the reference to
the State shall be to the Authority), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the Authority), 9 (except
as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the Authority), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
any bracket schedules the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by the State.
    (g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County the tax rate
shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry and Will counties the tax rate
shall be 0.75% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the
Department of Revenue for the Regional Transportation
Authority. The tax must be paid to the State, or an exemption
determination must be obtained from the Department of Revenue,
before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which, or the State officer with whom, the tangible personal
property must be titled or registered if the Department and the
State agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
    The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest collected in the manner hereinafter provided; and to
determine all rights to credit memoranda or refunds arising on
account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19 (except the portions pertaining to claims by retailers and
except the last paragraph concerning refunds), 20, 21 and 22 of
the Use Tax Act, and are not inconsistent with this paragraph,
as fully as if those provisions were set forth herein.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    (h) The Authority may impose a replacement vehicle tax of
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
    The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected
hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Authority. The
amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department
to be necessary for the payment of refunds, and less any
amounts that are transferred to the STAR Bonds Revenue Fund.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for that
amount in accordance with the directions contained in the
certification.
    (i) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
    (j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
    (k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable
to the provisions of the Use Tax Act, including without
limitation conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue
to promulgate and enforce rules and regulations relating to the
administration and enforcement of the provisions of the tax
imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
    (l) The Board in imposing any tax as provided in paragraphs
(b) and (c) of this Section, shall, after seeking the advice of
the State Department of Revenue, provide means for retailers,
users or purchasers of motor fuel for purposes other than those
with regard to which the taxes may be imposed as provided in
those paragraphs to receive refunds of taxes improperly paid,
which provisions may be at variance with the refund provisions
as applicable under the Municipal Retailers Occupation Tax Act.
The State Department of Revenue may provide for certificates of
registration for users or purchasers of motor fuel for purposes
other than those with regard to which taxes may be imposed as
provided in paragraphs (b) and (c) of this Section to
facilitate the reporting and nontaxability of the exempt sales
or uses.
    (m) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Regional Transportation Authority
as of September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing,
increasing, decreasing, or discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the
Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
this amendatory Act of the 95th General Assembly. The tax rates
authorized by this amendatory Act of the 95th General Assembly
are effective only if imposed by ordinance of the Authority.
    (n) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the Authority. The taxes
shall be held in a trust fund outside the State Treasury. On or
before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois and to the Authority (i)
the amount of taxes collected in each County other than Cook
County in the metropolitan region, (ii) the amount of taxes
collected within the City of Chicago, and (iii) the amount
collected in that portion of Cook County outside of Chicago,
each amount less the amount necessary for the payment of
refunds to taxpayers located in those areas described in items
(i), (ii), and (iii). Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the payment of
two-thirds of the amounts certified in item (i) of this
subsection to the Authority and one-third of the amounts
certified in item (i) of this subsection to the respective
counties other than Cook County and the amount certified in
items (ii) and (iii) of this subsection to the Authority.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under this paragraph and the preceding
paragraph shall be reduced by the amount allocated and
disbursed under this paragraph in the preceding calendar year.
The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
    (o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
    (p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c) and
(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f) and (g) of this Section is
in effect.
    Any taxes imposed under the authority provided in
paragraphs (b), (c) and (d) shall remain in effect only until
the time as any tax authorized by paragraphs (e), (f) or (g) of
this Section are imposed and becomes effective. Once any tax
authorized by paragraphs (e), (f) or (g) is imposed the Board
may not reimpose taxes as authorized in paragraphs (b), (c) and
(d) of the Section unless any tax authorized by paragraphs (e),
(f) or (g) of this Section becomes ineffective by means other
than an ordinance of the Board.
    (q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation
Authority) arising under any tax imposed under paragraphs (b),
(c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of this
Section.
(Source: P.A. 95-708, eff. 1-18-08; 96-339, eff. 7-1-10;
96-939, eff. 6-24-10.)
 
    Section 60. The School Code is amended by changing Sections
2-3.83, 14-1.03a, 21-28, and 34-18 as follows:
 
    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
    Sec. 2-3.83. Individual transition plan model pilot
program.
    (a) The General Assembly finds that transition services for
special education students in secondary schools are needed for
the increasing numbers of students exiting school programs.
Therefore, to ensure coordinated and timely delivery of
services, the State shall establish a model pilot program to
provide such services. Local school districts, using joint
agreements and regional service delivery systems for special
and vocational education selected by the Governor's Planning
Council on Developmental Disabilities, shall have the primary
responsibility to convene transition planning meetings for
these students who will require post-school adult services.
    (b) For purposes of this Section:
        (1) "Post-secondary Service Provider" means a provider
    of services for adults who have any developmental
    disability as defined in Section 1-106 of the Mental Health
    and Developmental Disabilities Code or who are disabled as
    defined in the Disabled Persons Rehabilitation Act.
        (2) "Individual Education Plan" means a written
    statement for an exceptional child that provides at least a
    statement of: the child's present levels of educational
    performance, annual goals and short-term instructional
    objectives; specific special education and related
    services; the extent of participation in the regular
    education program; the projected dates for initiation of
    services; anticipated duration of services; appropriate
    objective criteria and evaluation procedures; and a
    schedule for annual determination of short-term
    objectives.
        (3) "Individual Transition Plan" (ITP) means a
    multi-agency informal assessment of a student's needs for
    post-secondary adult services including but not limited to
    employment, post-secondary education or training and
    residential independent living.
        (4) "Developmental Disability" means a disability
    which is attributable to: (a) an intellectual disability
    mental retardation, cerebral palsy, epilepsy or autism; or
    to (b) any other condition which results in impairment
    similar to that caused by an intellectual disability mental
    retardation and which requires services similar to those
    required by intellectually disabled mentally retarded
    persons. Such disability must originate before the age of
    18 years, be expected to continue indefinitely, and
    constitute a substantial handicap.
        (5) "Exceptional Characteristic" means any disabling
    or exceptional characteristic which interferes with a
    student's education including, but not limited to, a
    determination that the student is severely or profoundly
    mentally disabled, trainably mentally disabled,
    deaf-blind, or has some other health impairment.
    (c) The model pilot program required by this Section shall
be established and administered by the Governor's Planning
Council on Developmental Disabilities in conjunction with the
case coordination pilot projects established by the Department
of Human Services pursuant to Section 4.1 of the Community
Services Act, as amended.
    (d) The model pilot program shall include the following
features:
        (1) Written notice shall be sent to the student and,
    when appropriate, his or her parent or guardian giving the
    opportunity to consent to having the student's name and
    relevant information shared with the local case
    coordination unit and other appropriate State or local
    agencies for purposes of inviting participants to the
    individual transition plan meeting.
        (2) Meetings to develop and modify, as needed, an
    Individual Transition Plan shall be conducted annually for
    all students with a developmental disability in the pilot
    program area who are age 16 or older and who are receiving
    special education services for 50% or more of their public
    school program. These meetings shall be convened by the
    local school district and conducted in conjunction with any
    other regularly scheduled meetings such as the student's
    annual individual educational plan meeting. The Governor's
    Planning Council on Developmental Disabilities shall
    cooperate with and may enter into any necessary written
    agreements with the Department of Human Services and the
    State Board of Education to identify the target group of
    students for transition planning and the appropriate case
    coordination unit to serve these individuals.
        (3) The ITP meetings shall be co-chaired by the
    individual education plan coordinator and the case
    coordinator. The ITP meeting shall include but not be
    limited to discussion of the following: the student's
    projected date of exit from the public schools; his
    projected post-school goals in the areas of employment,
    residential living arrangement and post-secondary
    education or training; specific school or post-school
    services needed during the following year to achieve the
    student's goals, including but not limited to vocational
    evaluation, vocational education, work experience or
    vocational training, placement assistance, independent
    living skills training, recreational or leisure training,
    income support, medical needs and transportation; and
    referrals and linkage to needed services, including a
    proposed time frame for services and the responsible agency
    or provider. The individual transition plan shall be signed
    by participants in the ITP discussion, including but not
    limited to the student's parents or guardian, the student
    (where appropriate), multi-disciplinary team
    representatives from the public schools, the case
    coordinator and any other individuals who have
    participated in the ITP meeting at the discretion of the
    individual education plan coordinator, the developmental
    disability case coordinator or the parents or guardian.
        (4) At least 10 days prior to the ITP meeting, the
    parents or guardian of the student shall be notified in
    writing of the time and place of the meeting by the local
    school district. The ITP discussion shall be documented by
    the assigned case coordinator, and an individual student
    file shall be maintained by each case coordination unit.
    One year following a student's exit from public school the
    case coordinator shall conduct a follow up interview with
    the student.
        (5) Determinations with respect to individual
    transition plans made under this Section shall not be
    subject to any due process requirements prescribed in
    Section 14-8.02 of this Code.
    (e) (Blank).
(Source: P.A. 91-96; eff. 7-9-99.)
 
    (105 ILCS 5/14-1.03a)  (from Ch. 122, par. 14-1.03a)
    Sec. 14-1.03a. Children with Specific Learning
Disabilities.
    "Children with Specific Learning Disabilities" means
children between the ages of 3 and 21 years who have a disorder
in one or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which
disorder may manifest itself in imperfect ability to listen,
think, speak, read, write, spell or do mathematical
calculations. Such disorders include such conditions as
perceptual disabilities, brain injury, minimal brain
dysfunction, dyslexia, and developmental aphasia. Such term
does not include children who have learning problems which are
primarily the result of visual, hearing or motor disabilities,
of an intellectual disability mental retardation, emotional
disturbance or environmental disadvantage.
(Source: P.A. 89-397, eff. 8-20-95.)
 
    (105 ILCS 5/21-28)
    Sec. 21-28. Special education teachers; categorical
certification. The State Teacher Certification Board shall
categorically certify a special education teacher in one or
more of the following specialized categories of disability if
the special education teacher applies and qualifies for such
certification:
        (1) Serious emotional disturbance.
        (2) Learning disabilities.
        (3) Autism.
        (4) Intellectual disabilities Mental retardation.
        (5) Orthopedic (physical) impairment.
        (6) Traumatic brain injury.
        (7) Other health impairment.
(Source: P.A. 92-709, eff. 7-19-02.)
 
    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
    Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
        1. To make suitable provision for the establishment and
    maintenance throughout the year or for such portion thereof
    as it may direct, not less than 9 months, of schools of all
    grades and kinds, including normal schools, high schools,
    night schools, schools for defectives and delinquents,
    parental and truant schools, schools for the blind, the
    deaf and the physically disabled crippled, schools or
    classes in manual training, constructural and vocational
    teaching, domestic arts and physical culture, vocation and
    extension schools and lecture courses, and all other
    educational courses and facilities, including
    establishing, equipping, maintaining and operating
    playgrounds and recreational programs, when such programs
    are conducted in, adjacent to, or connected with any public
    school under the general supervision and jurisdiction of
    the board; provided that the calendar for the school term
    and any changes must be submitted to and approved by the
    State Board of Education before the calendar or changes may
    take effect, and provided that in allocating funds from
    year to year for the operation of all attendance centers
    within the district, the board shall ensure that
    supplemental general State aid funds are allocated and
    applied in accordance with Section 18-8 or 18-8.05. To
    admit to such schools without charge foreign exchange
    students who are participants in an organized exchange
    student program which is authorized by the board. The board
    shall permit all students to enroll in apprenticeship
    programs in trade schools operated by the board, whether
    those programs are union-sponsored or not. No student shall
    be refused admission into or be excluded from any course of
    instruction offered in the common schools by reason of that
    student's sex. No student shall be denied equal access to
    physical education and interscholastic athletic programs
    supported from school district funds or denied
    participation in comparable physical education and
    athletic programs solely by reason of the student's sex.
    Equal access to programs supported from school district
    funds and comparable programs will be defined in rules
    promulgated by the State Board of Education in consultation
    with the Illinois High School Association. Notwithstanding
    any other provision of this Article, neither the board of
    education nor any local school council or other school
    official shall recommend that children with disabilities
    be placed into regular education classrooms unless those
    children with disabilities are provided with supplementary
    services to assist them so that they benefit from the
    regular classroom instruction and are included on the
    teacher's regular education class register;
        2. To furnish lunches to pupils, to make a reasonable
    charge therefor, and to use school funds for the payment of
    such expenses as the board may determine are necessary in
    conducting the school lunch program;
        3. To co-operate with the circuit court;
        4. To make arrangements with the public or quasi-public
    libraries and museums for the use of their facilities by
    teachers and pupils of the public schools;
        5. To employ dentists and prescribe their duties for
    the purpose of treating the pupils in the schools, but
    accepting such treatment shall be optional with parents or
    guardians;
        6. To grant the use of assembly halls and classrooms
    when not otherwise needed, including light, heat, and
    attendants, for free public lectures, concerts, and other
    educational and social interests, free of charge, under
    such provisions and control as the principal of the
    affected attendance center may prescribe;
        7. To apportion the pupils to the several schools;
    provided that no pupil shall be excluded from or segregated
    in any such school on account of his color, race, sex, or
    nationality. The board shall take into consideration the
    prevention of segregation and the elimination of
    separation of children in public schools because of color,
    race, sex, or nationality. Except that children may be
    committed to or attend parental and social adjustment
    schools established and maintained either for boys or girls
    only. All records pertaining to the creation, alteration or
    revision of attendance areas shall be open to the public.
    Nothing herein shall limit the board's authority to
    establish multi-area attendance centers or other student
    assignment systems for desegregation purposes or
    otherwise, and to apportion the pupils to the several
    schools. Furthermore, beginning in school year 1994-95,
    pursuant to a board plan adopted by October 1, 1993, the
    board shall offer, commencing on a phased-in basis, the
    opportunity for families within the school district to
    apply for enrollment of their children in any attendance
    center within the school district which does not have
    selective admission requirements approved by the board.
    The appropriate geographical area in which such open
    enrollment may be exercised shall be determined by the
    board of education. Such children may be admitted to any
    such attendance center on a space available basis after all
    children residing within such attendance center's area
    have been accommodated. If the number of applicants from
    outside the attendance area exceed the space available,
    then successful applicants shall be selected by lottery.
    The board of education's open enrollment plan must include
    provisions that allow low income students to have access to
    transportation needed to exercise school choice. Open
    enrollment shall be in compliance with the provisions of
    the Consent Decree and Desegregation Plan cited in Section
    34-1.01;
        8. To approve programs and policies for providing
    transportation services to students. Nothing herein shall
    be construed to permit or empower the State Board of
    Education to order, mandate, or require busing or other
    transportation of pupils for the purpose of achieving
    racial balance in any school;
        9. Subject to the limitations in this Article, to
    establish and approve system-wide curriculum objectives
    and standards, including graduation standards, which
    reflect the multi-cultural diversity in the city and are
    consistent with State law, provided that for all purposes
    of this Article courses or proficiency in American Sign
    Language shall be deemed to constitute courses or
    proficiency in a foreign language; and to employ principals
    and teachers, appointed as provided in this Article, and
    fix their compensation. The board shall prepare such
    reports related to minimal competency testing as may be
    requested by the State Board of Education, and in addition
    shall monitor and approve special education and bilingual
    education programs and policies within the district to
    assure that appropriate services are provided in
    accordance with applicable State and federal laws to
    children requiring services and education in those areas;
        10. To employ non-teaching personnel or utilize
    volunteer personnel for: (i) non-teaching duties not
    requiring instructional judgment or evaluation of pupils,
    including library duties; and (ii) supervising study
    halls, long distance teaching reception areas used
    incident to instructional programs transmitted by
    electronic media such as computers, video, and audio,
    detention and discipline areas, and school-sponsored
    extracurricular activities. The board may further utilize
    volunteer non-certificated personnel or employ
    non-certificated personnel to assist in the instruction of
    pupils under the immediate supervision of a teacher holding
    a valid certificate, directly engaged in teaching subject
    matter or conducting activities; provided that the teacher
    shall be continuously aware of the non-certificated
    persons' activities and shall be able to control or modify
    them. The general superintendent shall determine
    qualifications of such personnel and shall prescribe rules
    for determining the duties and activities to be assigned to
    such personnel;
        10.5. To utilize volunteer personnel from a regional
    School Crisis Assistance Team (S.C.A.T.), created as part
    of the Safe to Learn Program established pursuant to
    Section 25 of the Illinois Violence Prevention Act of 1995,
    to provide assistance to schools in times of violence or
    other traumatic incidents within a school community by
    providing crisis intervention services to lessen the
    effects of emotional trauma on individuals and the
    community; the School Crisis Assistance Team Steering
    Committee shall determine the qualifications for
    volunteers;
        11. To provide television studio facilities in not to
    exceed one school building and to provide programs for
    educational purposes, provided, however, that the board
    shall not construct, acquire, operate, or maintain a
    television transmitter; to grant the use of its studio
    facilities to a licensed television station located in the
    school district; and to maintain and operate not to exceed
    one school radio transmitting station and provide programs
    for educational purposes;
        12. To offer, if deemed appropriate, outdoor education
    courses, including field trips within the State of
    Illinois, or adjacent states, and to use school educational
    funds for the expense of the said outdoor educational
    programs, whether within the school district or not;
        13. During that period of the calendar year not
    embraced within the regular school term, to provide and
    conduct courses in subject matters normally embraced in the
    program of the schools during the regular school term and
    to give regular school credit for satisfactory completion
    by the student of such courses as may be approved for
    credit by the State Board of Education;
        14. To insure against any loss or liability of the
    board, the former School Board Nominating Commission,
    Local School Councils, the Chicago Schools Academic
    Accountability Council, or the former Subdistrict Councils
    or of any member, officer, agent or employee thereof,
    resulting from alleged violations of civil rights arising
    from incidents occurring on or after September 5, 1967 or
    from the wrongful or negligent act or omission of any such
    person whether occurring within or without the school
    premises, provided the officer, agent or employee was, at
    the time of the alleged violation of civil rights or
    wrongful act or omission, acting within the scope of his
    employment or under direction of the board, the former
    School Board Nominating Commission, the Chicago Schools
    Academic Accountability Council, Local School Councils, or
    the former Subdistrict Councils; and to provide for or
    participate in insurance plans for its officers and
    employees, including but not limited to retirement
    annuities, medical, surgical and hospitalization benefits
    in such types and amounts as may be determined by the
    board; provided, however, that the board shall contract for
    such insurance only with an insurance company authorized to
    do business in this State. Such insurance may include
    provision for employees who rely on treatment by prayer or
    spiritual means alone for healing, in accordance with the
    tenets and practice of a recognized religious
    denomination;
        15. To contract with the corporate authorities of any
    municipality or the county board of any county, as the case
    may be, to provide for the regulation of traffic in parking
    areas of property used for school purposes, in such manner
    as is provided by Section 11-209 of The Illinois Vehicle
    Code, approved September 29, 1969, as amended;
        16. (a) To provide, on an equal basis, access to a high
    school campus and student directory information to the
    official recruiting representatives of the armed forces of
    Illinois and the United States for the purposes of
    informing students of the educational and career
    opportunities available in the military if the board has
    provided such access to persons or groups whose purpose is
    to acquaint students with educational or occupational
    opportunities available to them. The board is not required
    to give greater notice regarding the right of access to
    recruiting representatives than is given to other persons
    and groups. In this paragraph 16, "directory information"
    means a high school student's name, address, and telephone
    number.
        (b) If a student or his or her parent or guardian
    submits a signed, written request to the high school before
    the end of the student's sophomore year (or if the student
    is a transfer student, by another time set by the high
    school) that indicates that the student or his or her
    parent or guardian does not want the student's directory
    information to be provided to official recruiting
    representatives under subsection (a) of this Section, the
    high school may not provide access to the student's
    directory information to these recruiting representatives.
    The high school shall notify its students and their parents
    or guardians of the provisions of this subsection (b).
        (c) A high school may require official recruiting
    representatives of the armed forces of Illinois and the
    United States to pay a fee for copying and mailing a
    student's directory information in an amount that is not
    more than the actual costs incurred by the high school.
        (d) Information received by an official recruiting
    representative under this Section may be used only to
    provide information to students concerning educational and
    career opportunities available in the military and may not
    be released to a person who is not involved in recruiting
    students for the armed forces of Illinois or the United
    States;
        17. (a) To sell or market any computer program
    developed by an employee of the school district, provided
    that such employee developed the computer program as a
    direct result of his or her duties with the school district
    or through the utilization of the school district resources
    or facilities. The employee who developed the computer
    program shall be entitled to share in the proceeds of such
    sale or marketing of the computer program. The distribution
    of such proceeds between the employee and the school
    district shall be as agreed upon by the employee and the
    school district, except that neither the employee nor the
    school district may receive more than 90% of such proceeds.
    The negotiation for an employee who is represented by an
    exclusive bargaining representative may be conducted by
    such bargaining representative at the employee's request.
        (b) For the purpose of this paragraph 17:
            (1) "Computer" means an internally programmed,
        general purpose digital device capable of
        automatically accepting data, processing data and
        supplying the results of the operation.
            (2) "Computer program" means a series of coded
        instructions or statements in a form acceptable to a
        computer, which causes the computer to process data in
        order to achieve a certain result.
            (3) "Proceeds" means profits derived from
        marketing or sale of a product after deducting the
        expenses of developing and marketing such product;
        18. To delegate to the general superintendent of
    schools, by resolution, the authority to approve contracts
    and expenditures in amounts of $10,000 or less;
        19. Upon the written request of an employee, to
    withhold from the compensation of that employee any dues,
    payments or contributions payable by such employee to any
    labor organization as defined in the Illinois Educational
    Labor Relations Act. Under such arrangement, an amount
    shall be withheld from each regular payroll period which is
    equal to the pro rata share of the annual dues plus any
    payments or contributions, and the board shall transmit
    such withholdings to the specified labor organization
    within 10 working days from the time of the withholding;
        19a. Upon receipt of notice from the comptroller of a
    municipality with a population of 500,000 or more, a county
    with a population of 3,000,000 or more, the Cook County
    Forest Preserve District, the Chicago Park District, the
    Metropolitan Water Reclamation District, the Chicago
    Transit Authority, or a housing authority of a municipality
    with a population of 500,000 or more that a debt is due and
    owing the municipality, the county, the Cook County Forest
    Preserve District, the Chicago Park District, the
    Metropolitan Water Reclamation District, the Chicago
    Transit Authority, or the housing authority by an employee
    of the Chicago Board of Education, to withhold, from the
    compensation of that employee, the amount of the debt that
    is due and owing and pay the amount withheld to the
    municipality, the county, the Cook County Forest Preserve
    District, the Chicago Park District, the Metropolitan
    Water Reclamation District, the Chicago Transit Authority,
    or the housing authority; provided, however, that the
    amount deducted from any one salary or wage payment shall
    not exceed 25% of the net amount of the payment. Before the
    Board deducts any amount from any salary or wage of an
    employee under this paragraph, the municipality, the
    county, the Cook County Forest Preserve District, the
    Chicago Park District, the Metropolitan Water Reclamation
    District, the Chicago Transit Authority, or the housing
    authority shall certify that (i) the employee has been
    afforded an opportunity for a hearing to dispute the debt
    that is due and owing the municipality, the county, the
    Cook County Forest Preserve District, the Chicago Park
    District, the Metropolitan Water Reclamation District, the
    Chicago Transit Authority, or the housing authority and
    (ii) the employee has received notice of a wage deduction
    order and has been afforded an opportunity for a hearing to
    object to the order. For purposes of this paragraph, "net
    amount" means that part of the salary or wage payment
    remaining after the deduction of any amounts required by
    law to be deducted and "debt due and owing" means (i) a
    specified sum of money owed to the municipality, the
    county, the Cook County Forest Preserve District, the
    Chicago Park District, the Metropolitan Water Reclamation
    District, the Chicago Transit Authority, or the housing
    authority for services, work, or goods, after the period
    granted for payment has expired, or (ii) a specified sum of
    money owed to the municipality, the county, the Cook County
    Forest Preserve District, the Chicago Park District, the
    Metropolitan Water Reclamation District, the Chicago
    Transit Authority, or the housing authority pursuant to a
    court order or order of an administrative hearing officer
    after the exhaustion of, or the failure to exhaust,
    judicial review;
        20. The board is encouraged to employ a sufficient
    number of certified school counselors to maintain a
    student/counselor ratio of 250 to 1 by July 1, 1990. Each
    counselor shall spend at least 75% of his work time in
    direct contact with students and shall maintain a record of
    such time;
        21. To make available to students vocational and career
    counseling and to establish 5 special career counseling
    days for students and parents. On these days
    representatives of local businesses and industries shall
    be invited to the school campus and shall inform students
    of career opportunities available to them in the various
    businesses and industries. Special consideration shall be
    given to counseling minority students as to career
    opportunities available to them in various fields. For the
    purposes of this paragraph, minority student means a person
    who is:
            (a) Black (a person having origins in any of the
        black racial groups in Africa);
            (b) Hispanic (a person of Spanish or Portuguese
        culture with origins in Mexico, South or Central
        America, or the Caribbean islands, regardless of
        race);
            (c) Asian American (a person having origins in any
        of the original peoples of the Far East, Southeast
        Asia, the Indian Subcontinent or the Pacific Islands);
        or
            (d) American Indian or Alaskan Native (a person
        having origins in any of the original peoples of North
        America).
        Counseling days shall not be in lieu of regular school
    days;
        22. To report to the State Board of Education the
    annual student dropout rate and number of students who
    graduate from, transfer from or otherwise leave bilingual
    programs;
        23. Except as otherwise provided in the Abused and
    Neglected Child Reporting Act or other applicable State or
    federal law, to permit school officials to withhold, from
    any person, information on the whereabouts of any child
    removed from school premises when the child has been taken
    into protective custody as a victim of suspected child
    abuse. School officials shall direct such person to the
    Department of Children and Family Services, or to the local
    law enforcement agency if appropriate;
        24. To develop a policy, based on the current state of
    existing school facilities, projected enrollment and
    efficient utilization of available resources, for capital
    improvement of schools and school buildings within the
    district, addressing in that policy both the relative
    priority for major repairs, renovations and additions to
    school facilities, and the advisability or necessity of
    building new school facilities or closing existing schools
    to meet current or projected demographic patterns within
    the district;
        25. To make available to the students in every high
    school attendance center the ability to take all courses
    necessary to comply with the Board of Higher Education's
    college entrance criteria effective in 1993;
        26. To encourage mid-career changes into the teaching
    profession, whereby qualified professionals become
    certified teachers, by allowing credit for professional
    employment in related fields when determining point of
    entry on teacher pay scale;
        27. To provide or contract out training programs for
    administrative personnel and principals with revised or
    expanded duties pursuant to this Act in order to assure
    they have the knowledge and skills to perform their duties;
        28. To establish a fund for the prioritized special
    needs programs, and to allocate such funds and other lump
    sum amounts to each attendance center in a manner
    consistent with the provisions of part 4 of Section 34-2.3.
    Nothing in this paragraph shall be construed to require any
    additional appropriations of State funds for this purpose;
        29. (Blank);
        30. Notwithstanding any other provision of this Act or
    any other law to the contrary, to contract with third
    parties for services otherwise performed by employees,
    including those in a bargaining unit, and to layoff those
    employees upon 14 days written notice to the affected
    employees. Those contracts may be for a period not to
    exceed 5 years and may be awarded on a system-wide basis.
    The board may not operate more than 30 contract schools,
    provided that the board may operate an additional 5
    contract turnaround schools pursuant to item (5.5) of
    subsection (d) of Section 34-8.3 of this Code;
        31. To promulgate rules establishing procedures
    governing the layoff or reduction in force of employees and
    the recall of such employees, including, but not limited
    to, criteria for such layoffs, reductions in force or
    recall rights of such employees and the weight to be given
    to any particular criterion. Such criteria shall take into
    account factors including, but not be limited to,
    qualifications, certifications, experience, performance
    ratings or evaluations, and any other factors relating to
    an employee's job performance;
        32. To develop a policy to prevent nepotism in the
    hiring of personnel or the selection of contractors;
        33. To enter into a partnership agreement, as required
    by Section 34-3.5 of this Code, and, notwithstanding any
    other provision of law to the contrary, to promulgate
    policies, enter into contracts, and take any other action
    necessary to accomplish the objectives and implement the
    requirements of that agreement; and
        34. To establish a Labor Management Council to the
    board comprised of representatives of the board, the chief
    executive officer, and those labor organizations that are
    the exclusive representatives of employees of the board and
    to promulgate policies and procedures for the operation of
    the Council.
    The specifications of the powers herein granted are not to
be construed as exclusive but the board shall also exercise all
other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.
    In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 96-105, eff. 7-30-09.)
 
    Section 65. The State Universities Civil Service Act is
amended by changing Section 36s as follows:
 
    (110 ILCS 70/36s)  (from Ch. 24 1/2, par. 38b18)
    Sec. 36s. Supported employees.
    (a) The Merit Board shall develop and implement a supported
employment program. It shall be the goal of the program to
appoint a minimum of 10 supported employees to State University
civil service positions before June 30, 1992.
    (b) The Merit Board shall designate a liaison to work with
State agencies and departments, any funder or provider or both,
and State universities in the implementation of a supported
employment program.
    (c) As used in this Section:
        (1) "Supported employee" means any individual who:
            (A) has a severe physical or mental disability
        which seriously limits functional capacities,
        including but not limited to, mobility, communication,
        self-care, self-direction, work tolerance or work
        skills, in terms of employability as defined,
        determined and certified by the Department of Human
        Services; and
            (B) has one or more physical or mental disabilities
        resulting from amputation; arthritis; blindness;
        cancer; cerebral palsy; cystic fibrosis; deafness;
        heart disease; hemiplegia; respiratory or pulmonary
        dysfunction; an intellectual disability mental
        retardation; mental illness; multiple sclerosis;
        muscular dystrophy; musculoskeletal disorders;
        neurological disorders, including stroke and epilepsy;
        paraplegia; quadriplegia and other spinal cord
        conditions; sickle cell anemia; and end-stage renal
        disease; or another disability or combination of
        disabilities determined on the basis of an evaluation
        of rehabilitation potential to cause comparable
        substantial functional limitation.
        (2) "Supported employment" means competitive work in
    integrated work settings:
            (A) for individuals with severe handicaps for whom
        competitive employment has not traditionally occurred,
        or
            (B) for individuals for whom competitive
        employment has been interrupted or intermittent as a
        result of a severe disability, and who because of their
        handicap, need on-going support services to perform
        such work. The term includes transitional employment
        for individuals with chronic mental illness.
        (3) "Participation in a supported employee program"
    means participation as a supported employee that is not
    based on the expectation that an individual will have the
    skills to perform all the duties in a job class, but on the
    assumption that with support and adaptation, or both, a job
    can be designed to take advantage of the supported
    employee's special strengths.
        (4) "Funder" means any entity either State, local or
    federal, or private not-for-profit or for-profit that
    provides monies to programs that provide services related
    to supported employment.
        (5) "Provider" means any entity either public or
    private that provides technical support and services to any
    department or agency subject to the control of the
    Governor, the Secretary of State or the University Civil
    Service System.
    (d) The Merit Board shall establish job classifications for
supported employees who may be appointed into the
classifications without open competitive testing requirements.
Supported employees shall serve in a trial employment capacity
for not less than 3 or more than 12 months.
    (e) The Merit Board shall maintain a record of all
individuals hired as supported employees. The record shall
include:
        (1) the number of supported employees initially
    appointed;
        (2) the number of supported employees who successfully
    complete the trial employment periods; and
        (3) the number of permanent targeted positions by
    titles.
    (f) The Merit Board shall submit an annual report to the
General Assembly regarding the employment progress of
supported employees, with recommendations for legislative
action.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 66. The Specialized Care for Children Act is
amended by changing Section 1 as follows:
 
    (110 ILCS 345/1)  (from Ch. 144, par. 67.1)
    Sec. 1. The University of Illinois is hereby designated as
the agency to receive, administer, and to hold in its own
treasury federal funds and aid in relation to the
administration of its Division of Specialized Care for
Children. The Board of Trustees of the University of Illinois
shall have a charge upon all claims, demands and causes of
action for injuries to an applicant for or recipient of
financial aid for the total amount of medical assistance
provided the recipient by the Division from the time of injury
to the date of recovery upon such claim, demand or cause of
action. The Board of Trustees of the University of Illinois may
cooperate with the United States Children's Bureau of the
Department of Health, Education and Welfare, or with any
successor or other federal agency, in the administration of the
Division of Specialized Care for Children, and shall have full
responsibility for the expenditure of federal and state funds,
or monies recovered as the result of a judgment or settlement
of a lawsuit or from an insurance or personal settlement
arising from a claim relating to a recipient child's medical
condition, as well as any aid which may be made available to
the Board of Trustees for administering, through the Division
of Specialized Care for Children, a program of services for
children who are physically disabled crippled or suffering from
conditions which may lead to a physical disability crippling,
including medical, surgical, corrective and other services and
care, and facilities for diagnosis, hospitalization and
aftercare of such children.
(Source: P.A. 87-203.)
 
    Section 67. The Alternative Health Care Delivery Act is
amended by changing Section 15 as follows:
 
    (210 ILCS 3/15)
    Sec. 15. License required. No health care facility or
program that meets the definition and scope of an alternative
health care model shall operate as such unless it is a
participant in a demonstration program under this Act and
licensed by the Department as an alternative health care model.
The provisions of this Section as they relate to subacute care
hospitals shall not apply to hospitals licensed under the
Illinois Hospital Licensing Act or skilled nursing facilities
licensed under the Illinois Nursing Home Care Act or the ID/DD
MR/DD Community Care Act; provided, however, that the
facilities shall not hold themselves out to the public as
subacute care hospitals. The provisions of this Act concerning
children's respite care centers shall not apply to any facility
licensed under the Hospital Licensing Act, the Nursing Home
Care Act, the ID/DD MR/DD Community Care Act, or the University
of Illinois Hospital Act that provides respite care services to
children.
(Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10.)
 
    Section 68. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 3 as follows:
 
    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
    Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
    (A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23
hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
    The term "ambulatory surgical treatment center" does not
include any of the following:
        (1) Any institution, place, building or agency
    required to be licensed pursuant to the "Hospital Licensing
    Act", approved July 1, 1953, as amended.
        (2) Any person or institution required to be licensed
    pursuant to the Nursing Home Care Act or the ID/DD MR/DD
    Community Care Act.
        (3) Hospitals or ambulatory surgical treatment centers
    maintained by the State or any department or agency
    thereof, where such department or agency has authority
    under law to establish and enforce standards for the
    hospitals or ambulatory surgical treatment centers under
    its management and control.
        (4) Hospitals or ambulatory surgical treatment centers
    maintained by the Federal Government or agencies thereof.
        (5) Any place, agency, clinic, or practice, public or
    private, whether organized for profit or not, devoted
    exclusively to the performance of dental or oral surgical
    procedures.
    (B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
    (C) "Department" means the Department of Public Health of
the State of Illinois.
    (D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
    (E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
    (F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
    (G) "Podiatrist" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 69. The Assisted Living and Shared Housing Act is
amended by changing Sections 10, 35, 55, and 145 as follows:
 
    (210 ILCS 9/10)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
    "Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at
least 80% of whom are 55 years of age or older and where the
following are provided consistent with the purposes of this
Act:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit in assisted
    living and shared housing is his or her own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    personal, supportive, and intermittent health-related
    services available 24 hours per day, if needed, to meet the
    scheduled and unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or
    resident's representative; and
        (4) a physical environment that is a homelike setting
    that includes the following and such other elements as
    established by the Department: individual living units
    each of which shall accommodate small kitchen appliances
    and contain private bathing, washing, and toilet
    facilities, or private washing and toilet facilities with a
    common bathing room readily accessible to each resident.
    Units shall be maintained for single occupancy except in
    cases in which 2 residents choose to share a unit.
    Sufficient common space shall exist to permit individual
    and group activities.
    "Assisted living establishment" or "establishment" does
not mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act or a facility licensed under the
    ID/DD MR/DD Community Care Act. However, a facility
    licensed under either of those Acts may convert distinct
    parts of the facility to assisted living. If the facility
    elects to do so, the facility shall retain the Certificate
    of Need for its nursing and sheltered care beds that were
    converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) The portion of a life care facility as defined in
    the Life Care Facilities Act not licensed as an assisted
    living establishment under this Act; a life care facility
    may apply under this Act to convert sections of the
    community to assisted living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or
serious physical harm to a resident of an establishment.
    "License" means any of the following types of licenses
issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to an
    applicant or licensee that has not held a license under
    this Act prior to its application or pursuant to a license
    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the
    Department to an applicant or licensee that is in
    substantial compliance with this Act and any rules
    promulgated under this Act.
    "Licensee" means a person, agency, association,
corporation, partnership, or organization that has been issued
a license to operate an assisted living or shared housing
establishment.
    "Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents prepared
    by the establishment or an outside contractor;
        (2) housekeeping services including, but not limited
    to, vacuuming, dusting, and cleaning the resident's unit;
        (3) personal laundry and linen services available to
    the residents provided or arranged for by the
    establishment;
        (4) security provided 24 hours each day including, but
    not limited to, locked entrances or building or contract
    security personnel;
        (5) an emergency communication response system, which
    is a procedure in place 24 hours each day by which a
    resident can notify building management, an emergency
    response vendor, or others able to respond to his or her
    need for assistance; and
        (6) assistance with activities of daily living as
    required by each resident.
    "Negotiated risk" is the process by which a resident, or
his or her representative, may formally negotiate with
providers what risks each are willing and unwilling to assume
in service provision and the resident's living environment. The
provider assures that the resident and the resident's
representative, if any, are informed of the risks of these
decisions and of the potential consequences of assuming these
risks.
    "Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or
shared housing establishment. In the event an assisted living
or shared housing establishment is operated by a person who
leases or manages the physical plant, which is owned by another
person, "owner" means the person who operates the assisted
living or shared housing establishment, except that if the
person who owns the physical plant is an affiliate of the
person who operates the assisted living or shared housing
establishment and has significant control over the day to day
operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities
imposed on an owner under this Act.
    "Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
    "Resident" means a person residing in an assisted living or
shared housing establishment.
    "Resident's representative" means a person, other than the
owner, agent, or employee of an establishment or of the health
care provider unless related to the resident, designated in
writing by a resident to be his or her representative. This
designation may be accomplished through the Illinois Power of
Attorney Act, pursuant to the guardianship process under the
Probate Act of 1975, or pursuant to an executed designation of
representative form specified by the Department.
    "Self" means the individual or the individual's designated
representative.
    "Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 16
or fewer persons, at least 80% of whom are 55 years of age or
older and who are unrelated to the owners and one manager of
the residence, where the following are provided:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit is his or her
    own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    housing and personal, supportive, and intermittent
    health-related services available 24 hours per day, if
    needed, to meet the scheduled and unscheduled needs of a
    resident; and
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or the
    resident's representative.
    "Shared housing establishment" or "establishment" does not
mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act or a facility licensed under the
    ID/DD MR/DD Community Care Act. A facility licensed under
    either of those Acts may, however, convert sections of the
    facility to assisted living. If the facility elects to do
    so, the facility shall retain the Certificate of Need for
    its nursing beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) A life care facility as defined in the Life Care
    Facilities Act; a life care facility may apply under this
    Act to convert sections of the community to assisted
    living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual
performs the entire activity of daily living without
participation by the resident.
(Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10;
96-975, eff. 7-2-10.)
 
    (210 ILCS 9/35)
    Sec. 35. Issuance of license.
    (a) Upon receipt and review of an application for a license
and review of the applicant establishment, the Director may
issue a license if he or she finds:
        (1) that the individual applicant, or the corporation,
    partnership, or other entity if the applicant is not an
    individual, is a person responsible and suitable to operate
    or to direct or participate in the operation of an
    establishment by virtue of financial capacity, appropriate
    business or professional experience, a record of lawful
    compliance with lawful orders of the Department and lack of
    revocation of a license issued under this Act, the Nursing
    Home Care Act, or the ID/DD MR/DD Community Care Act during
    the previous 5 years;
        (2) that the establishment is under the supervision of
    a full-time director who is at least 21 years of age and
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in health care, housing with services, or adult day
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in hospitality and training in health care and housing
        with services management as defined by rule;
        (3) that the establishment has staff sufficient in
    number with qualifications, adequate skills, education,
    and experience to meet the 24 hour scheduled and
    unscheduled needs of residents and who participate in
    ongoing training to serve the resident population;
        (4) that all employees who are subject to the Health
    Care Worker Background Check Act meet the requirements of
    that Act;
        (5) that the applicant is in substantial compliance
    with this Act and such other requirements for a license as
    the Department by rule may establish under this Act;
        (6) that the applicant pays all required fees;
        (7) that the applicant has provided to the Department
    an accurate disclosure document in accordance with the
    Alzheimer's Disease and Related Dementias Special Care
    Disclosure Act and in substantial compliance with Section
    150 of this Act.
    In addition to any other requirements set forth in this
Act, as a condition of licensure under this Act, the director
of an establishment must participate in at least 20 hours of
training every 2 years to assist him or her in better meeting
the needs of the residents of the establishment and managing
the operation of the establishment.
    Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued,
and the expiration date. All licenses shall be valid for one
year, except as provided in Sections 40 and 45. Each license
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff.
7-1-10; 96-990, eff. 7-2-10.)
 
    (210 ILCS 9/55)
    Sec. 55. Grounds for denial of a license. An application
for a license may be denied for any of the following reasons:
        (1) failure to meet any of the standards set forth in
    this Act or by rules adopted by the Department under this
    Act;
        (2) conviction of the applicant, or if the applicant is
    a firm, partnership, or association, of any of its members,
    or if a corporation, the conviction of the corporation or
    any of its officers or stockholders, or of the person
    designated to manage or supervise the establishment, of a
    felony or of 2 or more misdemeanors involving moral
    turpitude during the previous 5 years as shown by a
    certified copy of the record of the court of conviction;
        (3) personnel insufficient in number or unqualified by
    training or experience to properly care for the residents;
        (4) insufficient financial or other resources to
    operate and conduct the establishment in accordance with
    standards adopted by the Department under this Act;
        (5) revocation of a license during the previous 5
    years, if such prior license was issued to the individual
    applicant, a controlling owner or controlling combination
    of owners of the applicant; or any affiliate of the
    individual applicant or controlling owner of the applicant
    and such individual applicant, controlling owner of the
    applicant or affiliate of the applicant was a controlling
    owner of the prior license; provided, however, that the
    denial of an application for a license pursuant to this
    Section must be supported by evidence that the prior
    revocation renders the applicant unqualified or incapable
    of meeting or maintaining an establishment in accordance
    with the standards and rules adopted by the Department
    under this Act; or
        (6) the establishment is not under the direct
    supervision of a full-time director, as defined by rule.
    The Department shall deny an application for a license if 6
months after submitting its initial application the applicant
has not provided the Department with all of the information
required for review and approval or the applicant is not
actively pursuing the processing of its application. In
addition, the Department shall determine whether the applicant
has violated any provision of the Nursing Home Care Act or the
ID/DD MR/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 9/145)
    Sec. 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act or the ID/DD MR/DD
Community Care Act may elect to convert to a license under this
Act. Any facility that chooses to convert, in whole or in part,
shall follow the requirements in the Nursing Home Care Act or
the ID/DD MR/DD Community Care Act, as applicable, and rules
promulgated under those Acts regarding voluntary closure and
notice to residents. Any conversion of existing beds licensed
under the Nursing Home Care Act or the ID/DD MR/DD Community
Care Act to licensure under this Act is exempt from review by
the Health Facilities and Services Review Board.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10.)
 
    Section 70. The Abuse Prevention Review Team Act is amended
by changing Sections 10 and 50 as follows:
 
    (210 ILCS 28/10)
    Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Executive Council" means the Illinois Residential Health
Care Facility Resident Sexual Assault and Death Review Teams
Executive Council.
    "Resident" means a person residing in and receiving
personal care from a facility licensed under the Nursing Home
Care Act or the ID/DD MR/DD Community Care Act.
    "Review team" means a residential health care facility
resident sexual assault and death review team appointed under
this Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 28/50)
    Sec. 50. Funding. Notwithstanding any other provision of
law, to the extent permitted by federal law, the Department
shall use moneys from fines paid by facilities licensed under
the Nursing Home Care Act or the ID/DD MR/DD Community Care Act
for violating requirements for certification under Titles
XVIII and XIX of the Social Security Act to implement the
provisions of this Act. The Department shall use moneys
deposited in the Long Term Care Monitor/Receiver Fund to pay
the costs of implementing this Act that cannot be met by the
use of federal civil monetary penalties.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 71. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 3, 4, and 6 as follows:
 
    (210 ILCS 30/3)  (from Ch. 111 1/2, par. 4163)
    Sec. 3. As used in this Act unless the context otherwise
requires:
    a. "Department" means the Department of Public Health of
the State of Illinois.
    b. "Resident" means a person residing in and receiving
personal care from a long term care facility, or residing in a
mental health facility or developmental disability facility as
defined in the Mental Health and Developmental Disabilities
Code.
    c. "Long term care facility" has the same meaning ascribed
to such term in the Nursing Home Care Act, except that the term
as used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental
Health and Developmental Disabilities Code. The term also
includes any facility licensed under the ID/DD MR/DD Community
Care Act.
    d. "Abuse" means any physical injury, sexual abuse or
mental injury inflicted on a resident other than by accidental
means.
    e. "Neglect" means a failure in a long term care facility
to provide adequate medical or personal care or maintenance,
which failure results in physical or mental injury to a
resident or in the deterioration of a resident's physical or
mental condition.
    f. "Protective services" means services provided to a
resident who has been abused or neglected, which may include,
but are not limited to alternative temporary institutional
placement, nursing care, counseling, other social services
provided at the nursing home where the resident resides or at
some other facility, personal care and such protective services
of voluntary agencies as are available.
    g. Unless the context otherwise requires, direct or
indirect references in this Act to the programs, personnel,
facilities, services, service providers, or service recipients
of the Department of Human Services shall be construed to refer
only to those programs, personnel, facilities, services,
service providers, or service recipients that pertain to the
Department of Human Services' mental health and developmental
disabilities functions.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)
    Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatrist, accredited religious
practitioner who provides treatment by spiritual means alone
through prayer in accordance with the tenets and practices of
the accrediting church, coroner, social worker, social
services administrator, registered nurse, law enforcement
officer, field personnel of the Department of Healthcare and
Family Services, field personnel of the Illinois Department of
Public Health and County or Municipal Health Departments,
personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental
Disabilities or the Department of Public Aid), personnel of the
Guardianship and Advocacy Commission, personnel of the State
Fire Marshal, local fire department inspectors or other
personnel, or personnel of the Illinois Department on Aging, or
its subsidiary Agencies on Aging, or employee of a facility
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe any resident with whom they
have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports
to be made under this Section include all employees of the
State of Illinois who are involved in providing services to
residents, including professionals providing medical or
rehabilitation services and all other persons having direct
contact with residents; and further include all employees of
community service agencies who provide services to a resident
of a public or private long term care facility outside of that
facility. Any long term care surveyor of the Illinois
Department of Public Health who has reasonable cause to believe
in the course of a survey that a resident has been abused or
neglected and initiates an investigation while on site at the
facility shall be exempt from making a report under this
Section but the results of any such investigation shall be
forwarded to the central register in a manner and form
described by the Department.
    The requirement of this Act shall not relieve any long term
care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD MR/DD Community Care Act.
    In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
    This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
    A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
    Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act or the ID/DD
MR/DD Community Care Act. All reports received through offices
of the Department shall be forwarded to the central register,
in a manner and form described by the Department. The
Department shall be capable of receiving reports of suspected
abuse and neglect 24 hours a day, 7 days a week. Reports shall
also be made in writing deposited in the U.S. mail, postage
prepaid, within 24 hours after having reasonable cause to
believe that the condition of the resident resulted from abuse
or neglect. Such reports may in addition be made to the local
law enforcement agency in the same manner. However, in the
event a report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department. The
Department shall initiate an investigation of each report of
resident abuse and neglect under this Act, whether oral or
written, as provided for in Section 3-702 of the Nursing Home
Care Act or Section 3-702 of the ID/DD MR/DD Community Care
Act, except that reports of abuse which indicate that a
resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
    With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Department of State
Police, the Department of Human Services, and the Inspector
General appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of such
report to the Inspector General and the Directors of the
Guardianship and Advocacy Commission and the agency designated
by the Governor pursuant to the Protection and Advocacy for
Developmentally Disabled Persons Act. When requested by the
Director of the Guardianship and Advocacy Commission, the
agency designated by the Governor pursuant to the Protection
and Advocacy for Developmentally Disabled Persons Act, or the
Department of Financial and Professional Regulation, the
Department, the Department of Human Services and the Department
of State Police shall make available a copy of the final
investigative report regarding investigations conducted by
their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental
disabilities institutions or individuals receiving services at
community agencies under the jurisdiction of the Department of
Human Services. Such final investigative report shall not
contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files
or other raw data which was used to compile the final
investigative report. Specifically, the final investigative
report of the Department of State Police shall mean the
Director's final transmittal letter. The Department of Human
Services shall also make available a copy of the results of
disciplinary proceedings of employees involved in incidents of
abuse or neglect to the Directors. All identifiable information
in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to
limit or construe the power or authority granted to the agency
designated by the Governor pursuant to the Protection and
Advocacy for Developmentally Disabled Persons Act, pursuant to
any other State or federal statute.
    With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
    The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
    The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
    The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are mentally disabled. The report shall include but not be
limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of
any injuries to residents, the final determination of
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10.)
 
    Section 72. The Nursing Home Care Act is amended by
changing Sections 1-113 and 3-202.5 as follows:
 
    (210 ILCS 45/1-113)  (from Ch. 111 1/2, par. 4151-113)
    Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other
place, whether operated for profit or not, or a county home for
the infirm and chronically ill operated pursuant to Division
5-21 or 5-22 of the Counties Code, or any similar institution
operated by a political subdivision of the State of Illinois,
which provides, through its ownership or management, personal
care, sheltered care or nursing for 3 or more persons, not
related to the applicant or owner by blood or marriage. It
includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title
XIX of the Federal Social Security Act. It also includes homes,
institutions, or other places operated by or under the
authority of the Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by the
    federal government or agency thereof, or by the State of
    Illinois, other than homes, institutions, or other places
    operated by or under the authority of the Illinois
    Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution whose
    principal activity or business is the diagnosis, care, and
    treatment of human illness through the maintenance and
    operation as organized facilities therefor, which is
    required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the
    Child Care Act of 1969;
        (4) Any "Community Living Facility" as defined in the
    Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as defined
    in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by
    and for persons who rely exclusively upon treatment by
    spiritual means through prayer, in accordance with the
    creed or tenets of any well-recognized church or religious
    denomination. However, such nursing home or sanatorium
    shall comply with all local laws and rules relating to
    sanitation and safety;
        (7) Any facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (8) Any "Supportive Residence" licensed under the
    Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing
    with the program established under Section 5-5.01a of the
    Illinois Public Aid Code, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (10) Any assisted living or shared housing
    establishment licensed under the Assisted Living and
    Shared Housing Act, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (11) An Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act; or
        (12) A facility licensed under the ID/DD MR/DD
    Community Care Act.
(Source: P.A. 95-380, eff. 8-23-07; 96-339, eff. 7-1-10.)
 
    (210 ILCS 45/3-202.5)
    Sec. 3-202.5. Facility plan review; fees.
    (a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing long
term care facility involving major construction, as defined by
rule by the Department, with an estimated cost greater than
$100,000, architectural drawings and specifications for the
facility shall be submitted to the Department for review and
approval. A facility may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject to
fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications. Final
approval of the drawings and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.
    (b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete.
Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed
complete for purposes of initiating the 60-day review period
under this Section. If the submission is incomplete, the
Department shall inform the applicant of the deficiencies with
the submission in writing. If the submission is complete the
required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60 day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60-day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications within
60 days, the construction, major alteration, or addition shall
be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments from
the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made
within 45 days of the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.
    (c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
        (1) the Department reviewed and approved or deemed
    approved the drawings and specifications for compliance
    with design and construction standards;
        (2) the construction, major alteration, or addition
    was built as submitted;
        (3) the law or rules have not been amended since the
    original approval; and
        (4) the conditions at the facility indicate that there
    is a reasonable degree of safety provided for the
    residents.
    (d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
        (1) (Blank).
        (2) (Blank).
        (3) If the estimated dollar value of the alteration,
    addition, or new construction is $100,000 or more but less
    than $500,000, the fee shall be the greater of $2,400 or
    1.2% of that value.
        (4) If the estimated dollar value of the alteration,
    addition, or new construction is $500,000 or more but less
    than $1,000,000, the fee shall be the greater of $6,000 or
    0.96% of that value.
        (5) If the estimated dollar value of the alteration,
    addition, or new construction is $1,000,000 or more but
    less than $5,000,000, the fee shall be the greater of
    $9,600 or 0.22% of that value.
        (6) If the estimated dollar value of the alteration,
    addition, or new construction is $5,000,000 or more, the
    fee shall be the greater of $11,000 or 0.11% of that value,
    but shall not exceed $40,000.
    The fees provided in this subsection (d) shall not apply to
major construction projects involving facility changes that
are required by Department rule amendments.
    The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more of
the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that is
reasonably related to the cost of reviewing the project.
    The Department shall not commence the facility plan review
process under this Section until the applicable fee has been
paid.
    (e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund, a
special fund created in the State Treasury. All fees paid by
long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of
long-term care facility projects under this Section. Moneys
shall be appropriated from that Fund to the Department only to
pay the costs of conducting reviews under this Section or under
Section 3-202.5 of the ID/DD MR/DD Community Care Act. None of
the moneys in the Health Facility Plan Review Fund shall be
used to reduce the amount of General Revenue Fund moneys
appropriated to the Department for facility plan reviews
conducted pursuant to this Section.
    (f) (1) The provisions of this amendatory Act of 1997
    concerning drawings and specifications shall apply only to
    drawings and specifications submitted to the Department on
    or after October 1, 1997.
        (2) On and after the effective date of this amendatory
    Act of 1997 and before October 1, 1997, an applicant may
    submit or resubmit drawings and specifications to the
    Department and pay the fees provided in subsection (d). If
    an applicant pays the fees provided in subsection (d) under
    this paragraph (2), the provisions of subsection (b) shall
    apply with regard to those drawings and specifications.
    (g) The Department shall conduct an on-site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5
working days of the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (g), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
    (h) The Department shall establish, by rule, a procedure to
conduct interim on-site review of large or complex construction
projects.
    (i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.
    (j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for the
residents.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 73. The MR/DD Community Care Act is amended by
changing Sections 1-101 and 1-113 as follows:
 
    (210 ILCS 47/1-101)
    Sec. 1-101. Short title. This Act may be cited as the ID/DD
MR/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/1-113)
    Sec. 1-113. Facility. "ID/DD MR/DD facility" or "facility"
means an intermediate care facility for the developmentally
disabled or a long-term care for under age 22 facility, whether
operated for profit or not, which provides, through its
ownership or management, personal care or nursing for 3 or more
persons not related to the applicant or owner by blood or
marriage. It includes intermediate care facilities for the
intellectually disabled mentally retarded as the term is
defined in Title XVIII and Title XIX of the federal Social
Security Act.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by the
    federal government or agency thereof, or by the State of
    Illinois, other than homes, institutions, or other places
    operated by or under the authority of the Illinois
    Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution whose
    principal activity or business is the diagnosis, care, and
    treatment of human illness through the maintenance and
    operation as organized facilities therefore, which is
    required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the
    Child Care Act of 1969;
        (4) Any "community living facility" as defined in the
    Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as defined
    in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by
    and for persons who rely exclusively upon treatment by
    spiritual means through prayer, in accordance with the
    creed or tenets of any well recognized church or religious
    denomination. However, such nursing home or sanatorium
    shall comply with all local laws and rules relating to
    sanitation and safety;
        (7) Any facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (8) Any "supportive residence" licensed under the
    Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing
    with the program established under Section 5-5.01a of the
    Illinois Public Aid Code, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (10) Any assisted living or shared housing
    establishment licensed under the Assisted Living and
    Shared Housing Act, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (11) An Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act; or
        (12) A home, institution, or other place operated by or
    under the authority of the Illinois Department of Veterans'
    Affairs.
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
    Section 74. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section
2.08 as follows:
 
    (210 ILCS 55/2.08)
    Sec. 2.08. "Home services agency" means an agency that
provides services directly, or acts as a placement agency, for
the purpose of placing individuals as workers providing home
services for consumers in their personal residences. "Home
services agency" does not include agencies licensed under the
Nurse Agency Licensing Act, the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or
the Assisted Living and Shared Housing Act and does not include
an agency that limits its business exclusively to providing
housecleaning services. Programs providing services
exclusively through the Community Care Program of the Illinois
Department on Aging, the Department of Human Services Office of
Rehabilitation Services, or the United States Department of
Veterans Affairs are not considered to be a home services
agency under this Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09;
96-1000, eff. 7-2-10.)
 
    Section 75. The Hospice Program Licensing Act is amended by
changing Sections 3 and 4 as follows:
 
    (210 ILCS 60/3)  (from Ch. 111 1/2, par. 6103)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Bereavement" means the period of time during which the
hospice patient's family experiences and adjusts to the death
of the hospice patient.
    (a-5) "Bereavement services" means counseling services
provided to an individual's family after the individual's
death.
    (a-10) "Attending physician" means a physician who:
        (1) is a doctor of medicine or osteopathy; and
        (2) is identified by an individual, at the time the
    individual elects to receive hospice care, as having the
    most significant role in the determination and delivery of
    the individual's medical care.
    (b) "Department" means the Illinois Department of Public
Health.
    (c) "Director" means the Director of the Illinois
Department of Public Health.
    (d) "Hospice care" means a program of palliative care that
provides for the physical, emotional, and spiritual care needs
of a terminally ill patient and his or her family. The goal of
such care is to achieve the highest quality of life as defined
by the patient and his or her family through the relief of
suffering and control of symptoms.
    (e) "Hospice care team" means an interdisciplinary group or
groups composed of individuals who provide or supervise the
care and services offered by the hospice.
    (f) "Hospice patient" means a terminally ill person
receiving hospice services.
    (g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child, parent
and those individuals designated as such by the patient for the
purposes of this Act.
    (g-1) "Hospice residence" means a separately licensed
home, apartment building, or similar building providing living
quarters:
        (1) that is owned or operated by a person licensed to
    operate as a comprehensive hospice; and
        (2) at which hospice services are provided to facility
    residents.
    A building that is licensed under the Hospital Licensing
Act, the Nursing Home Care Act, or the ID/DD MR/DD Community
Care Act is not a hospice residence.
    (h) "Hospice services" means a range of professional and
other supportive services provided to a hospice patient and his
or her family. These services may include, but are not limited
to, physician services, nursing services, medical social work
services, spiritual counseling services, bereavement services,
and volunteer services.
    (h-5) "Hospice program" means a licensed public agency or
private organization, or a subdivision of either of those, that
is primarily engaged in providing care to terminally ill
individuals through a program of home care or inpatient care,
or both home care and inpatient care, utilizing a medically
directed interdisciplinary hospice care team of professionals
or volunteers, or both professionals and volunteers. A hospice
program may be licensed as a comprehensive hospice program or a
volunteer hospice program.
    (h-10) "Comprehensive hospice" means a program that
provides hospice services and meets the minimum standards for
certification under the Medicare program set forth in the
Conditions of Participation in 42 CFR Part 418 but is not
required to be Medicare-certified.
    (i) "Palliative care" means the management of pain and
other distressing symptoms that incorporates medical, nursing,
psychosocial, and spiritual care according to the needs,
values, beliefs, and culture or cultures of the patient and his
or her family. The evaluation and treatment is
patient-centered, with a focus on the central role of the
family unit in decision-making.
    (j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a comprehensive or
volunteer hospice program, and the administrative and direct
care personnel responsible for those services. The plan shall
include but not be limited to:
        (1) Identification of the person or persons
    administratively responsible for the program.
        (2) The estimated average monthly patient census.
        (3) The proposed geographic area the hospice will
    serve.
        (4) A listing of those hospice services provided
    directly by the hospice, and those hospice services
    provided indirectly through a contractual agreement.
        (5) The name and qualifications of those persons or
    entities under contract to provide indirect hospice
    services.
        (6) The name and qualifications of those persons
    providing direct hospice services, with the exception of
    volunteers.
        (7) A description of how the hospice plans to utilize
    volunteers in the provision of hospice services.
        (8) A description of the program's record keeping
    system.
    (k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its branches
that a patient has an anticipated life expectancy of one year
or less.
    (l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement for a
volunteer's expenses in providing hospice service shall not be
considered compensation.
    (l-5) "Employee" means a paid or unpaid member of the staff
of a hospice program, or, if the hospice program is a
subdivision of an agency or organization, of the agency or
organization, who is appropriately trained and assigned to the
hospice program. "Employee" also means a volunteer whose duties
are prescribed by the hospice program and whose performance of
those duties is supervised by the hospice program.
    (l-10) "Representative" means an individual who has been
authorized under State law to terminate an individual's medical
care or to elect or revoke the election of hospice care on
behalf of a terminally ill individual who is mentally or
physically incapacitated.
    (m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to provide
services, under the administration of a not-for-profit agency.
This definition does not prohibit the employment of staff.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 60/4)  (from Ch. 111 1/2, par. 6104)
    Sec. 4. License.
    (a) No person shall establish, conduct or maintain a
comprehensive or volunteer hospice program without first
obtaining a license from the Department. A hospice residence
may be operated only at the locations listed on the license. A
comprehensive hospice program owning or operating a hospice
residence is not subject to the provisions of the Nursing Home
Care Act or the ID/DD MR/DD Community Care Act in owning or
operating a hospice residence.
    (b) No public or private agency shall advertise or present
itself to the public as a comprehensive or volunteer hospice
program which provides hospice services without meeting the
provisions of subsection (a).
    (c) The license shall be valid only in the possession of
the hospice to which it was originally issued and shall not be
transferred or assigned to any other person, agency, or
corporation.
    (d) The license shall be renewed annually.
    (e) The license shall be displayed in a conspicuous place
inside the hospice program office.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 76. The Hospital Licensing Act is amended by
changing Sections 3, 6.09, and 6.11 as follows:
 
    (210 ILCS 85/3)
    Sec. 3. As used in this Act:
    (A) "Hospital" means any institution, place, building,
buildings on a campus, or agency, public or private, whether
organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and
treatment or care of 2 or more unrelated persons admitted for
overnight stay or longer in order to obtain medical, including
obstetric, psychiatric and nursing, care of illness, disease,
injury, infirmity, or deformity.
    The term "hospital", without regard to length of stay,
shall also include:
        (a) any facility which is devoted primarily to
    providing psychiatric and related services and programs
    for the diagnosis and treatment or care of 2 or more
    unrelated persons suffering from emotional or nervous
    diseases;
        (b) all places where pregnant females are received,
    cared for, or treated during delivery irrespective of the
    number of patients received.
    The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.
    The term "hospital" does not include:
        (1) any person or institution required to be licensed
    pursuant to the Nursing Home Care Act or the ID/DD MR/DD
    Community Care Act;
        (2) hospitalization or care facilities maintained by
    the State or any department or agency thereof, where such
    department or agency has authority under law to establish
    and enforce standards for the hospitalization or care
    facilities under its management and control;
        (3) hospitalization or care facilities maintained by
    the federal government or agencies thereof;
        (4) hospitalization or care facilities maintained by
    any university or college established under the laws of
    this State and supported principally by public funds raised
    by taxation;
        (5) any person or facility required to be licensed
    pursuant to the Alcoholism and Other Drug Abuse and
    Dependency Act;
        (6) any facility operated solely by and for persons who
    rely exclusively upon treatment by spiritual means through
    prayer, in accordance with the creed or tenets of any
    well-recognized church or religious denomination;
        (7) an Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act; or
        (8) any veterinary hospital or clinic operated by a
    veterinarian or veterinarians licensed under the
    Veterinary Medicine and Surgery Practice Act of 2004 or
    maintained by a State-supported or publicly funded
    university or college.
    (B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
    (C) "Department" means the Department of Public Health of
the State of Illinois.
    (D) "Director" means the Director of Public Health of the
State of Illinois.
    (E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.
    (F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which
currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
    (G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
    (H) "Campus", as this terms applies to operations, has the
same meaning as the term "campus" as set forth in federal
Medicare regulations, 42 CFR 413.65.
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 96-1515, eff. 2-4-11.)
 
    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
    Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge or, if home health services
are ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
information.
    (b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act or the ID/DD MR/DD Community Care
Act; (iv) a supportive living facility, as defined in Section
5-5.01a of the Illinois Public Aid Code; or (v) a free-standing
hospice facility licensed under the Hospice Program Licensing
Act if licensure, certification, or registration is required.
The Department of Public Health shall annually provide
hospitals with a list of licensed, certified, or registered
board and care facilities, assisted living and shared housing
establishments, nursing homes, supportive living facilities,
facilities licensed under the ID/DD MR/DD Community Care Act,
and hospice facilities. Reliance upon this list by a hospital
shall satisfy compliance with this requirement. The procedure
may also include a waiver for any case in which a discharge
notice is not feasible due to a short length of stay in the
hospital by the patient, or for any case in which the patient
voluntarily desires to leave the hospital before the expiration
of the 24 hour period.
    (c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
    (d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
        (1) are transferring to a long term care facility for
    the first time;
        (2) have been in the hospital more than 5 days;
        (3) are reasonably expected to remain at the long term
    care facility for more than 30 days;
        (4) have a known history of serious mental illness or
    substance abuse; and
        (5) are independently ambulatory or mobile for more
    than a temporary period of time.
    A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
    A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07;
95-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-1372, eff.
7-29-10.)
 
    (210 ILCS 85/6.11)  (from Ch. 111 1/2, par. 147.11)
    Sec. 6.11. In licensing any hospital which provides for the
diagnosis, care or treatment for persons suffering from mental
or emotional disorders or for intellectually disabled mentally
retarded persons, the Department shall consult with the
Department of Human Services in developing standards for and
evaluating the psychiatric programs of such hospitals.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 77. The Language Assistance Services Act is amended
by changing Section 10 as follows:
 
    (210 ILCS 87/10)
    Sec. 10. Definitions. As used in this Act:
    "Department" means the Department of Public Health.
    "Interpreter" means a person fluent in English and in the
necessary language of the patient who can accurately speak,
read, and readily interpret the necessary second language, or a
person who can accurately sign and read sign language.
Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries in
both languages. Interpreters may include members of the medical
or professional staff.
    "Language or communication barriers" means either of the
following:
        (1) With respect to spoken language, barriers that are
    experienced by limited-English-speaking or
    non-English-speaking individuals who speak the same
    primary language, if those individuals constitute at least
    5% of the patients served by the health facility annually.
        (2) With respect to sign language, barriers that are
    experienced by individuals who are deaf and whose primary
    language is sign language.
    "Health facility" means a hospital licensed under the
Hospital Licensing Act, a long-term care facility licensed
under the Nursing Home Care Act, or a facility licensed under
the ID/DD MR/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 78. Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
4 as follows:
 
    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
    Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, or the ID/DD MR/DD
Community Care Act, as now or hereafter amended, shall remain
subject thereto, and this Act shall not be construed to limit
the application of those Acts.
    (b) The system of licensure established under this Act
shall be for the purposes of:
        (1) Insuring that all recipients residing in
    community-integrated living arrangements are receiving
    appropriate community-based services, including treatment,
    training and habilitation or rehabilitation;
        (2) Insuring that recipients' rights are protected and
    that all programs provided to and placements arranged for
    recipients comply with this Act, the Mental Health and
    Developmental Disabilities Code, and applicable Department
    rules and regulations;
        (3) Maintaining the integrity of communities by
    requiring regular monitoring and inspection of placements
    and other services provided in community-integrated living
    arrangements.
    The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
    (c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
        (1) All recipients residing in community-integrated
    living arrangements are receiving appropriate
    community-based services, including treatment, training
    and habilitation or rehabilitation;
        (2) All programs provided to and placements arranged
    for recipients are supervised by the agency; and
        (3) All programs provided to and placements arranged
    for recipients comply with this Act, the Mental Health and
    Developmental Disabilities Code, and applicable Department
    rules and regulations.
    (d) An applicant for licensure as a community mental health
or developmental services agency under this Act shall submit an
application pursuant to the application process established by
the Department by rule and shall pay an application fee in an
amount established by the Department, which amount shall not be
more than $200.
    (e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
    (f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for a 6-month period
to allow the holder of such permit reasonable time to become
eligible for a license under this Act.
    (g)(1) The Department may conduct site visits to an agency
licensed under this Act, or to any program or placement
certified by the agency, and inspect the records or premises,
or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations.
    (2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action which
the Department might take pursuant to this Act and of the right
to a hearing.
    (h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 79. The Child Care Act of 1969 is amended by
changing Sections 2.06 and 7 as follows:
 
    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)
    Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and maintained
for the purpose of providing them with care or training or
both. The term "child care institution" includes residential
schools, primarily serving ambulatory handicapped children,
and those operating a full calendar year, but does not include:
    (a) Any State-operated institution for child care
established by legislative action;
    (b) Any juvenile detention or shelter care home established
and operated by any county or child protection district
established under the "Child Protection Act";
    (c) Any institution, home, place or facility operating
under a license pursuant to the Nursing Home Care Act or the
ID/DD MR/DD Community Care Act;
    (d) Any bona fide boarding school in which children are
primarily taught branches of education corresponding to those
taught in public schools, grades one through 12, or taught in
public elementary schools, high schools, or both elementary and
high schools, and which operates on a regular academic school
year basis; or
    (e) Any facility licensed as a "group home" as defined in
this Act.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
    Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various types
of facilities for child care defined in this Act and that are
equally applicable to like institutions under the control of
the Department and to foster family homes used by and under the
direct supervision of the Department. The Department shall seek
the advice and assistance of persons representative of the
various types of child care facilities in establishing such
standards. The standards prescribed and published under this
Act take effect as provided in the Illinois Administrative
Procedure Act, and are restricted to regulations pertaining to
the following matters and to any rules and regulations required
or permitted by any other Section of this Act:
        (1) The operation and conduct of the facility and
    responsibility it assumes for child care;
        (2) The character, suitability and qualifications of
    the applicant and other persons directly responsible for
    the care and welfare of children served. All child day care
    center licensees and employees who are required to report
    child abuse or neglect under the Abused and Neglected Child
    Reporting Act shall be required to attend training on
    recognizing child abuse and neglect, as prescribed by
    Department rules;
        (3) The general financial ability and competence of the
    applicant to provide necessary care for children and to
    maintain prescribed standards;
        (4) The number of individuals or staff required to
    insure adequate supervision and care of the children
    received. The standards shall provide that each child care
    institution, maternity center, day care center, group
    home, day care home, and group day care home shall have on
    its premises during its hours of operation at least one
    staff member certified in first aid, in the Heimlich
    maneuver and in cardiopulmonary resuscitation by the
    American Red Cross or other organization approved by rule
    of the Department. Child welfare agencies shall not be
    subject to such a staffing requirement. The Department may
    offer, or arrange for the offering, on a periodic basis in
    each community in this State in cooperation with the
    American Red Cross, the American Heart Association or other
    appropriate organization, voluntary programs to train
    operators of foster family homes and day care homes in
    first aid and cardiopulmonary resuscitation;
        (5) The appropriateness, safety, cleanliness and
    general adequacy of the premises, including maintenance of
    adequate fire prevention and health standards conforming
    to State laws and municipal codes to provide for the
    physical comfort, care and well-being of children
    received;
        (6) Provisions for food, clothing, educational
    opportunities, program, equipment and individual supplies
    to assure the healthy physical, mental and spiritual
    development of children served;
        (7) Provisions to safeguard the legal rights of
    children served;
        (8) Maintenance of records pertaining to the
    admission, progress, health and discharge of children,
    including, for day care centers and day care homes, records
    indicating each child has been immunized as required by
    State regulations. The Department shall require proof that
    children enrolled in a facility have been immunized against
    Haemophilus Influenzae B (HIB);
        (9) Filing of reports with the Department;
        (10) Discipline of children;
        (11) Protection and fostering of the particular
    religious faith of the children served;
        (12) Provisions prohibiting firearms on day care
    center premises except in the possession of peace officers;
        (13) Provisions prohibiting handguns on day care home
    premises except in the possession of peace officers or
    other adults who must possess a handgun as a condition of
    employment and who reside on the premises of a day care
    home;
        (14) Provisions requiring that any firearm permitted
    on day care home premises, except handguns in the
    possession of peace officers, shall be kept in a
    disassembled state, without ammunition, in locked storage,
    inaccessible to children and that ammunition permitted on
    day care home premises shall be kept in locked storage
    separate from that of disassembled firearms, inaccessible
    to children;
        (15) Provisions requiring notification of parents or
    guardians enrolling children at a day care home of the
    presence in the day care home of any firearms and
    ammunition and of the arrangements for the separate, locked
    storage of such firearms and ammunition.
    (b) If, in a facility for general child care, there are
children diagnosed as mentally ill, intellectually disabled
mentally retarded or physically handicapped, who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
    (c) The Department shall investigate any person applying to
be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion of
such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program, self-help
group, or other suitable activities.
    (d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
    (e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall maintain
appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
    (f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
    (g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards and
any subsequent changes. Each licensee or holder of a permit
shall maintain appropriate documentation of the current review
of licensing standards by all employees. Such records shall be
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
    (h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
    (i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of annual
immunization against influenza for children 6 months of age to
5 years of age. The Department shall work with day care centers
and day care homes licensed under this Act to ensure that the
information is annually distributed to parents in August or
September.
(Source: P.A. 96-391, eff. 8-13-09.)
 
    Section 80. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:
 
    (225 ILCS 46/15)
    Sec. 15. Definitions. In this Act:
    "Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
    "Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
    "Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing
Agency Licensing Act. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
    "Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
    "Employee" means any individual hired, employed, or
retained to which this Act applies.
    "Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Department of State Police.
    "Health care employer" means:
        (1) the owner or licensee of any of the following:
            (i) a community living facility, as defined in the
        Community Living Facilities Act;
            (ii) a life care facility, as defined in the Life
        Care Facilities Act;
            (iii) a long-term care facility;
            (iv) a home health agency, home services agency, or
        home nursing agency as defined in the Home Health, Home
        Services, and Home Nursing Agency Licensing Act;
            (v) a hospice care program or volunteer hospice
        program, as defined in the Hospice Program Licensing
        Act;
            (vi) a hospital, as defined in the Hospital
        Licensing Act;
            (vii) (blank);
            (viii) a nurse agency, as defined in the Nurse
        Agency Licensing Act;
            (ix) a respite care provider, as defined in the
        Respite Program Act;
            (ix-a) an establishment licensed under the
        Assisted Living and Shared Housing Act;
            (x) a supportive living program, as defined in the
        Illinois Public Aid Code;
            (xi) early childhood intervention programs as
        described in 59 Ill. Adm. Code 121;
            (xii) the University of Illinois Hospital,
        Chicago;
            (xiii) programs funded by the Department on Aging
        through the Community Care Program;
            (xiv) programs certified to participate in the
        Supportive Living Program authorized pursuant to
        Section 5-5.01a of the Illinois Public Aid Code;
            (xv) programs listed by the Emergency Medical
        Services (EMS) Systems Act as Freestanding Emergency
        Centers;
            (xvi) locations licensed under the Alternative
        Health Care Delivery Act;
        (2) a day training program certified by the Department
    of Human Services;
        (3) a community integrated living arrangement operated
    by a community mental health and developmental service
    agency, as defined in the Community-Integrated Living
    Arrangements Licensing and Certification Act; or
        (4) the State Long Term Care Ombudsman Program,
    including any regional long term care ombudsman programs
    under Section 4.04 of the Illinois Act on the Aging, only
    for the purpose of securing background checks.
    "Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of
Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the website of the Health and
Human Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and
transmitted electronically to the Department of State Police.
    "Livescan vendor" means an entity whose equipment has been
certified by the Department of State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Department of State Police and the
Department of Public Health, electronically transmit the