Illinois 97th Regular Session Status: Enacted 1 D cosponsors

SB 1833 — MH/DD-INTELLECTUAL DISABILITY

Last action — Public Act . . . . . . . . . 97-0227

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2011. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    0 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the definition of "mental retardation".

Bill Text

What changed in the latest version

622 added · 622 removed

Plain-language change summary

The latest version of SB 1833 includes multiple added lines that clarify and expand on the bill's provisions. This change is important because it ensures that specific details are explicitly mentioned, which can help improve understanding and implementation. By providing clearer language, the bill aims to avoid confusion and potential legal issues in how it will be enforced.

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SB1833 Engrossed LRB097 07747 KTG 47859 b AN ACT concerning health.
SB1833 Enrolled LRB097 07747 KTG 47859 b AN ACT concerning health.
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 SB1833 Engrossed - 2 - LRB097 07747 KTG 47859 b considered a reference to the term "intellectually disabled".
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 SB1833 Enrolled - 2 - LRB097 07747 KTG 47859 b considered a reference to the term "intellectually disabled".
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 SB1833 Engrossed - 3 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 3 - LRB097 07747 KTG 47859 b 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.
(b) "Department" means the Department of Central SB1833 Engrossed - 4 - LRB097 07747 KTG 47859 b Management Services.
(b) "Department" means the Department of Central SB1833 Enrolled - 4 - LRB097 07747 KTG 47859 b Management Services.
(1) for individuals with severe handicaps for whom SB1833 Engrossed - 5 - LRB097 07747 KTG 47859 b 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.
(1) for individuals with severe handicaps for whom SB1833 Enrolled - 5 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 6 - LRB097 07747 KTG 47859 b (10 ILCS 5/3-3) (from Ch.
SB1833 Enrolled - 6 - LRB097 07747 KTG 47859 b (10 ILCS 5/3-3) (from Ch.
The county clerk may establish a temporary SB1833 Engrossed - 7 - LRB097 07747 KTG 47859 b place of registration for such times and at such locations within the county as the county clerk may select.
The county clerk may establish a temporary SB1833 Enrolled - 7 - LRB097 07747 KTG 47859 b place of registration for such times and at such locations within the county as the county clerk may select.
7-1-10.) SB1833 Engrossed - 8 - LRB097 07747 KTG 47859 b (10 ILCS 5/4-10) (from Ch.
7-1-10.) SB1833 Enrolled - 8 - LRB097 07747 KTG 47859 b (10 ILCS 5/4-10) (from Ch.
SB1833 Engrossed - 9 - LRB097 07747 KTG 47859 b "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.
SB1833 Enrolled - 9 - LRB097 07747 KTG 47859 b "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.
No registration shall be taken and marked as incomplete if information to complete it can be furnished on SB1833 Engrossed - 10 - LRB097 07747 KTG 47859 b the date of the original application.
No registration shall be taken and marked as incomplete if information to complete it can be furnished on SB1833 Enrolled - 10 - LRB097 07747 KTG 47859 b the date of the original application.
on any day prior to 27 days preceding SB1833 Engrossed - 11 - LRB097 07747 KTG 47859 b the ensuing general election.
on any day prior to 27 days preceding SB1833 Enrolled - 11 - LRB097 07747 KTG 47859 b the ensuing general election.
The name and number of the street, avenue or SB1833 Engrossed - 12 - LRB097 07747 KTG 47859 b 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.
The name and number of the street, avenue or SB1833 Enrolled - 12 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 13 - LRB097 07747 KTG 47859 b the election precinct, that I intend to return to the State of Illinois, and that the above statements are true.
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 SB1833 Enrolled - 13 - LRB097 07747 KTG 47859 b the election precinct, that I intend to return to the State of Illinois, and that the above statements are true.
The registration officer shall require the applicant to furnish two forms of identification, and except in SB1833 Engrossed - 14 - LRB097 07747 KTG 47859 b the case of a homeless individual, one of which must include his or her residence address.
The registration officer shall require the applicant to furnish two forms of identification, and except in SB1833 Enrolled - 14 - LRB097 07747 KTG 47859 b the case of a homeless individual, one of which must include his or her residence address.
"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 SB1833 Engrossed - 15 - LRB097 07747 KTG 47859 b applicant for registration is qualified to register before registering him.
"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 SB1833 Enrolled - 15 - LRB097 07747 KTG 47859 b applicant for registration is qualified to register before registering him.
SB1833 Engrossed - 16 - LRB097 07747 KTG 47859 b "I do solemnly swear that I, .........., did on (insert date) make application to the Board of Registry of the ........
SB1833 Enrolled - 16 - LRB097 07747 KTG 47859 b "I do solemnly swear that I, .........., did on (insert date) make application to the Board of Registry of the ........
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 SB1833 Engrossed - 17 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 17 - LRB097 07747 KTG 47859 b 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.
Whether the applicant is native born or SB1833 Engrossed - 18 - LRB097 07747 KTG 47859 b naturalized.
Whether the applicant is native born or SB1833 Enrolled - 18 - LRB097 07747 KTG 47859 b naturalized.
Upon receipt of the executed duplicate affidavit of SB1833 Engrossed - 19 - LRB097 07747 KTG 47859 b 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.
Upon receipt of the executed duplicate affidavit of SB1833 Enrolled - 19 - LRB097 07747 KTG 47859 b 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.
Areas which may be designated as temporary places of SB1833 Engrossed - 20 - LRB097 07747 KTG 47859 b 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.
Areas which may be designated as temporary places of SB1833 Enrolled - 20 - LRB097 07747 KTG 47859 b 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 established so that the areas of concentration of population or use by the SB1833 Engrossed - 21 - LRB097 07747 KTG 47859 b public are served, whether by facilities provided in places of private business or in public buildings or in mobile units.
Temporary places of registration shall be established so that the areas of concentration of population or use by the SB1833 Enrolled - 21 - LRB097 07747 KTG 47859 b public are served, whether by facilities provided in places of private business or in public buildings or in mobile units.
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 SB1833 Engrossed - 22 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 22 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 23 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 23 - LRB097 07747 KTG 47859 b 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.
Mailing or delivery of ballots - Time.) SB1833 Engrossed - 24 - LRB097 07747 KTG 47859 b 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.
Mailing or delivery of ballots - Time.) SB1833 Enrolled - 24 - LRB097 07747 KTG 47859 b 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 2 business days after posting a name and other information on the list within SB1833 Engrossed - 25 - LRB097 07747 KTG 47859 b 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.
Within 2 business days after posting a name and other information on the list within SB1833 Enrolled - 25 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 26 - LRB097 07747 KTG 47859 b business day from receipt of such ballot.
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 SB1833 Enrolled - 26 - LRB097 07747 KTG 47859 b business day from receipt of such ballot.
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 SB1833 Engrossed - 27 - LRB097 07747 KTG 47859 b election authority.
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 SB1833 Enrolled - 27 - LRB097 07747 KTG 47859 b election authority.
7-1-10.) SB1833 Engrossed - 28 - LRB097 07747 KTG 47859 b (10 ILCS 5/19-12.1) (from Ch.
7-1-10.) SB1833 Enrolled - 28 - LRB097 07747 KTG 47859 b (10 ILCS 5/19-12.1) (from Ch.
or (b) by presenting, in writing or otherwise, to the county clerk or board of election commissioners, as the case may be, SB1833 Engrossed - 29 - LRB097 07747 KTG 47859 b 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.
or (b) by presenting, in writing or otherwise, to the county clerk or board of election commissioners, as the case may be, SB1833 Enrolled - 29 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 30 - LRB097 07747 KTG 47859 b before the next election.
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 SB1833 Enrolled - 30 - LRB097 07747 KTG 47859 b before the next election.
7-1-10.) SB1833 Engrossed - 31 - LRB097 07747 KTG 47859 b (10 ILCS 5/19-12.2) (from Ch.
7-1-10.) SB1833 Enrolled - 31 - LRB097 07747 KTG 47859 b (10 ILCS 5/19-12.2) (from Ch.
Not less SB1833 Engrossed - 32 - LRB097 07747 KTG 47859 b 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;
Not less SB1833 Enrolled - 32 - LRB097 07747 KTG 47859 b 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;
The judges of election shall also report SB1833 Engrossed - 33 - LRB097 07747 KTG 47859 b 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.
The judges of election shall also report SB1833 Enrolled - 33 - LRB097 07747 KTG 47859 b 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.
7-1-10.) SB1833 Engrossed - 34 - LRB097 07747 KTG 47859 b Section 10.
7-1-10.) SB1833 Enrolled - 34 - LRB097 07747 KTG 47859 b Section 10.
respiratory or pulmonary SB1833 Engrossed - 35 - LRB097 07747 KTG 47859 b dysfunction;
respiratory or pulmonary SB1833 Enrolled - 35 - LRB097 07747 KTG 47859 b dysfunction;
(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 SB1833 Engrossed - 36 - LRB097 07747 KTG 47859 b can be designed to take advantage of the supported employee's special strengths.
(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 SB1833 Enrolled - 36 - LRB097 07747 KTG 47859 b can be designed to take advantage of the supported employee's special strengths.
(f) The Director shall submit an annual report to the General Assembly regarding the employment progress of SB1833 Engrossed - 37 - LRB097 07747 KTG 47859 b supported employees, with recommendations for legislative action.
(f) The Director shall submit an annual report to the General Assembly regarding the employment progress of SB1833 Enrolled - 37 - LRB097 07747 KTG 47859 b supported employees, with recommendations for legislative action.
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 SB1833 Engrossed - 38 - LRB097 07747 KTG 47859 b similar disorders.
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 SB1833 Enrolled - 38 - LRB097 07747 KTG 47859 b similar disorders.
A Class 1 disability SB1833 Engrossed - 39 - LRB097 07747 KTG 47859 b 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.
A Class 1 disability SB1833 Enrolled - 39 - LRB097 07747 KTG 47859 b 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.
A Class 2A disability is a Class 2 SB1833 Engrossed - 40 - LRB097 07747 KTG 47859 b 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:
A Class 2A disability is a Class 2 SB1833 Enrolled - 40 - LRB097 07747 KTG 47859 b 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:
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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 SB1833 Engrossed - 41 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 41 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 42 - LRB097 07747 KTG 47859 b the facilities, divisions, programs, and services under the jurisdiction of the Department.
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 SB1833 Enrolled - 42 - LRB097 07747 KTG 47859 b the facilities, divisions, programs, and services under the jurisdiction of the Department.
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 SB1833 Engrossed - 43 - LRB097 07747 KTG 47859 b for prescribing such medication within 24 hours of the prescription.
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 SB1833 Enrolled - 43 - LRB097 07747 KTG 47859 b for prescribing such medication within 24 hours of the prescription.
For those facilities that SB1833 Engrossed - 44 - LRB097 07747 KTG 47859 b do comply, the report shall indicate what actions need to be taken to ensure continued compliance.
For those facilities that SB1833 Enrolled - 44 - LRB097 07747 KTG 47859 b do comply, the report shall indicate what actions need to be taken to ensure continued compliance.
or (d) requires community mental health services for which arrangements have been made with a community mental health provider in accordance with criteria, standards, SB1833 Engrossed - 45 - LRB097 07747 KTG 47859 b and procedures promulgated by rule.
or (d) requires community mental health services for which arrangements have been made with a community mental health provider in accordance with criteria, standards, SB1833 Enrolled - 45 - LRB097 07747 KTG 47859 b and procedures promulgated by rule.
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 SB1833 Engrossed - 46 - LRB097 07747 KTG 47859 b accordance with criteria, standards, and procedures promulgated by rule.
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 SB1833 Enrolled - 46 - LRB097 07747 KTG 47859 b accordance with criteria, standards, and procedures promulgated by rule.
SB1833 Engrossed - 47 - LRB097 07747 KTG 47859 b 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.
SB1833 Enrolled - 47 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 48 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 48 - LRB097 07747 KTG 47859 b 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.
For purposes of this Section, "case SB1833 Engrossed - 49 - LRB097 07747 KTG 47859 b 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.
For purposes of this Section, "case SB1833 Enrolled - 49 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 50 - LRB097 07747 KTG 47859 b persons are to be placed.
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 SB1833 Enrolled - 50 - LRB097 07747 KTG 47859 b persons are to be placed.
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 SB1833 Engrossed - 51 - LRB097 07747 KTG 47859 b resident.
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 SB1833 Enrolled - 51 - LRB097 07747 KTG 47859 b resident.
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 SB1833 Engrossed - 52 - LRB097 07747 KTG 47859 b resident's legal guardian.
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 SB1833 Enrolled - 52 - LRB097 07747 KTG 47859 b resident's legal guardian.
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 SB1833 Engrossed - 53 - LRB097 07747 KTG 47859 b other arrangement.
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 SB1833 Enrolled - 53 - LRB097 07747 KTG 47859 b other arrangement.
In addition to other standards and procedures governing the disbursement of grants-in-aid implemented under this Section, SB1833 Engrossed - 54 - LRB097 07747 KTG 47859 b 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.
In addition to other standards and procedures governing the disbursement of grants-in-aid implemented under this Section, SB1833 Enrolled - 54 - LRB097 07747 KTG 47859 b 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.
To provide habilitation and care for the intellectually disabled mentally retarded and persons with a SB1833 Engrossed - 55 - LRB097 07747 KTG 47859 b developmental disability and counseling for their families in accordance with programs established and conducted by the Department.
To provide habilitation and care for the intellectually disabled mentally retarded and persons with a SB1833 Enrolled - 55 - LRB097 07747 KTG 47859 b developmental disability and counseling for their families in accordance with programs established and conducted by the Department.
SB1833 Engrossed - 56 - LRB097 07747 KTG 47859 b "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.
SB1833 Enrolled - 56 - LRB097 07747 KTG 47859 b "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.
SB1833 Engrossed - 57 - LRB097 07747 KTG 47859 b "An Act to provide for the establishment, maintenance and operation of the Southern Illinois Children's Service Center", approved August 2, 1951.
SB1833 Enrolled - 57 - LRB097 07747 KTG 47859 b "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 provide for the construction, equipment, and operation of a psychiatric institute state hospital to promote and advance knowledge, through research, in the causes and SB1833 Engrossed - 58 - LRB097 07747 KTG 47859 b treatment of mental illness;
"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 SB1833 Enrolled - 58 - LRB097 07747 KTG 47859 b treatment of mental illness;
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 SB1833 Engrossed - 59 - LRB097 07747 KTG 47859 b intellectually disabled mentally retarded persons, regardless of age.
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 SB1833 Enrolled - 59 - LRB097 07747 KTG 47859 b intellectually disabled mentally retarded persons, regardless of age.
SB1833 Engrossed - 60 - LRB097 07747 KTG 47859 b (20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40) Sec.
SB1833 Enrolled - 60 - LRB097 07747 KTG 47859 b (20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40) Sec.
(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 SB1833 Engrossed - 61 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 61 - LRB097 07747 KTG 47859 b 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 committee shall submit recommendations SB1833 Engrossed - 62 - LRB097 07747 KTG 47859 b concerning informal dispute resolution to the Director.
The committee shall submit recommendations SB1833 Enrolled - 62 - LRB097 07747 KTG 47859 b concerning informal dispute resolution to the Director.
(1) The power to suspend the requirements for temporary or permanent licensure or certification of persons who are SB1833 Engrossed - 63 - LRB097 07747 KTG 47859 b 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.
(1) The power to suspend the requirements for temporary or permanent licensure or certification of persons who are SB1833 Enrolled - 63 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 64 - LRB097 07747 KTG 47859 b disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health.
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 SB1833 Enrolled - 64 - LRB097 07747 KTG 47859 b disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health.
(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 SB1833 Engrossed - 65 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 65 - LRB097 07747 KTG 47859 b 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.
"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, SB1833 Engrossed - 66 - LRB097 07747 KTG 47859 b 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.
"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, SB1833 Enrolled - 66 - LRB097 07747 KTG 47859 b 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.
(3) It reflects the person's need for a combination and sequence of special, interdisciplinary, or general care, SB1833 Engrossed - 67 - LRB097 07747 KTG 47859 b treatment, or other services that are of lifelong or of extended duration and must be individually planned and coordinated.
(3) It reflects the person's need for a combination and sequence of special, interdisciplinary, or general care, SB1833 Enrolled - 67 - LRB097 07747 KTG 47859 b treatment, or other services that are of lifelong or of extended duration and must be individually planned and coordinated.
These SB1833 Engrossed - 68 - LRB097 07747 KTG 47859 b services may include, but are not limited to, cash subsidy, respite care, and counseling services.
These SB1833 Enrolled - 68 - LRB097 07747 KTG 47859 b services may include, but are not limited to, cash subsidy, respite care, and counseling services.
"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 SB1833 Engrossed - 69 - LRB097 07747 KTG 47859 b accomplishment of the goals, and a designation of the qualified professionals responsible for the implementation of the plan.
"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 SB1833 Enrolled - 69 - LRB097 07747 KTG 47859 b accomplishment of the goals, and a designation of the qualified professionals responsible for the implementation of the plan.
(i) is provided under the State's qualified home and community-based program or that could be provided under such a program but is SB1833 Engrossed - 70 - LRB097 07747 KTG 47859 b otherwise provided under the Medicaid program;
(i) is provided under the State's qualified home and community-based program or that could be provided under such a program but is SB1833 Enrolled - 70 - LRB097 07747 KTG 47859 b otherwise provided under the Medicaid program;
The term "qualified residence" SB1833 Engrossed - 71 - LRB097 07747 KTG 47859 b means, with respect to an eligible individual:
The term "qualified residence" SB1833 Enrolled - 71 - LRB097 07747 KTG 47859 b means, with respect to an eligible individual:
based on the assessment, there is development jointly with such individual or individual's authorized representative, a SB1833 Engrossed - 72 - LRB097 07747 KTG 47859 b 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;
based on the assessment, there is development jointly with such individual or individual's authorized representative, a SB1833 Enrolled - 72 - LRB097 07747 KTG 47859 b 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;
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 SB1833 Engrossed - 73 - LRB097 07747 KTG 47859 b professionals.
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 SB1833 Enrolled - 73 - LRB097 07747 KTG 47859 b professionals.
(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 SB1833 Engrossed - 74 - LRB097 07747 KTG 47859 b maintenance and operation of organized facilities and that is required to be licensed under the Hospital Licensing Act.
(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 SB1833 Enrolled - 74 - LRB097 07747 KTG 47859 b maintenance and operation of organized facilities and that is required to be licensed under the Hospital Licensing Act.
"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 SB1833 Engrossed - 75 - LRB097 07747 KTG 47859 b life, including, but not limited to, food, clothing, shelter, or medical care.
"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 SB1833 Enrolled - 75 - LRB097 07747 KTG 47859 b life, including, but not limited to, food, clothing, shelter, or medical care.
"Substantiated case" means a reported case of alleged or SB1833 Engrossed - 76 - LRB097 07747 KTG 47859 b 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.
"Substantiated case" means a reported case of alleged or SB1833 Enrolled - 76 - LRB097 07747 KTG 47859 b 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.
(c) The term "public purpose project" means any project or facility including without limitation land, buildings, structures, machinery, equipment and all other real and SB1833 Engrossed - 77 - LRB097 07747 KTG 47859 b 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.
(c) The term "public purpose project" means any project or facility including without limitation land, buildings, structures, machinery, equipment and all other real and SB1833 Enrolled - 77 - LRB097 07747 KTG 47859 b 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.
and (iii) all non-capital costs and expenses relating thereto or (2) any addition to, renovation, rehabilitation or improvement of a SB1833 Engrossed - 78 - LRB097 07747 KTG 47859 b 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.
and (iii) all non-capital costs and expenses relating thereto or (2) any addition to, renovation, rehabilitation or improvement of a SB1833 Enrolled - 78 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 79 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 79 - LRB097 07747 KTG 47859 b 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.
(a) any public or SB1833 Engrossed - 80 - LRB097 07747 KTG 47859 b private institution, place, building, or agency required to be licensed under the Hospital Licensing Act;
(a) any public or SB1833 Enrolled - 80 - LRB097 07747 KTG 47859 b private institution, place, building, or agency required to be licensed under the Hospital Licensing Act;
(h) any public or private congregate, SB1833 Engrossed - 81 - LRB097 07747 KTG 47859 b 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;
(h) any public or private congregate, SB1833 Enrolled - 81 - LRB097 07747 KTG 47859 b 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;
"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, SB1833 Engrossed - 82 - LRB097 07747 KTG 47859 b 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 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, SB1833 Enrolled - 82 - LRB097 07747 KTG 47859 b 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.
(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, SB1833 Engrossed - 83 - LRB097 07747 KTG 47859 b 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.
(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, SB1833 Enrolled - 83 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 84 - LRB097 07747 KTG 47859 b combination thereof.
(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 SB1833 Enrolled - 84 - LRB097 07747 KTG 47859 b combination thereof.
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 SB1833 Engrossed - 85 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 85 - LRB097 07747 KTG 47859 b 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.
The term "cultural facility" includes buildings on the National Register of Historic Places which are owned or operated by SB1833 Engrossed - 86 - LRB097 07747 KTG 47859 b nonprofit entities.
The term "cultural facility" includes buildings on the National Register of Historic Places which are owned or operated by SB1833 Enrolled - 86 - LRB097 07747 KTG 47859 b nonprofit entities.
(3) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, SB1833 Engrossed - 87 - LRB097 07747 KTG 47859 b 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;
(3) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, SB1833 Enrolled - 87 - LRB097 07747 KTG 47859 b 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;
(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 SB1833 Engrossed - 88 - LRB097 07747 KTG 47859 b cultural, intellectual, scientific, educational or artistic enrichment of the people of the State.
(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 SB1833 Enrolled - 88 - LRB097 07747 KTG 47859 b cultural, intellectual, scientific, educational or artistic enrichment of the people of the State.
(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 SB1833 Engrossed - 89 - LRB097 07747 KTG 47859 b qualified within this State to originate and service loans, including, but without limitation to, insurance companies, credit unions and mortgage loan companies.
(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 SB1833 Enrolled - 89 - LRB097 07747 KTG 47859 b qualified within this State to originate and service loans, including, but without limitation to, insurance companies, credit unions and mortgage loan companies.
(4) processing of livestock and livestock products, dairy products, poultry and poultry products, fish or apiarian products, including slaughter, shearing, SB1833 Engrossed - 90 - LRB097 07747 KTG 47859 b collecting, preparation, canning and packaging;
(4) processing of livestock and livestock products, dairy products, poultry and poultry products, fish or apiarian products, including slaughter, shearing, SB1833 Enrolled - 90 - LRB097 07747 KTG 47859 b collecting, preparation, canning and packaging;
(13) facilities and equipment for research and SB1833 Engrossed - 91 - LRB097 07747 KTG 47859 b development of products, processes and equipment for the production, processing, preparation or packaging of agricultural commodities and byproducts.
(13) facilities and equipment for research and SB1833 Enrolled - 91 - LRB097 07747 KTG 47859 b development of products, processes and equipment for the production, processing, preparation or packaging of agricultural commodities and byproducts.
(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 SB1833 Engrossed - 92 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 92 - LRB097 07747 KTG 47859 b 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.
1153) SB1833 Engrossed - 93 - LRB097 07747 KTG 47859 b (Section scheduled to be repealed on December 31, 2019) Sec.
1153) SB1833 Enrolled - 93 - LRB097 07747 KTG 47859 b (Section scheduled to be repealed on December 31, 2019) Sec.
An institution, place, building, or room used for provision of a health care category of service as defined SB1833 Engrossed - 94 - LRB097 07747 KTG 47859 b by the Board, including, but not limited to, cardiac catheterization and open heart surgery;
An institution, place, building, or room used for provision of a health care category of service as defined SB1833 Enrolled - 94 - LRB097 07747 KTG 47859 b by the Board, including, but not limited to, cardiac catheterization and open heart surgery;
SB1833 Engrossed - 95 - LRB097 07747 KTG 47859 b 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.
SB1833 Enrolled - 95 - LRB097 07747 KTG 47859 b 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 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, SB1833 Engrossed - 96 - LRB097 07747 KTG 47859 b 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 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, SB1833 Enrolled - 96 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 97 - LRB097 07747 KTG 47859 b professional groups.
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 SB1833 Enrolled - 97 - LRB097 07747 KTG 47859 b professional groups.
"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 SB1833 Engrossed - 98 - LRB097 07747 KTG 47859 b administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum;
"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 SB1833 Enrolled - 98 - LRB097 07747 KTG 47859 b administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum;
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 SB1833 Engrossed - 99 - LRB097 07747 KTG 47859 b acquisition of such equipment shall be included.
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 SB1833 Enrolled - 99 - LRB097 07747 KTG 47859 b acquisition of such equipment shall be included.
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 SB1833 Engrossed - 100 - LRB097 07747 KTG 47859 b equipment or facilities at fair market value would be subject to review.
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 SB1833 Enrolled - 100 - LRB097 07747 KTG 47859 b equipment or facilities at fair market value would be subject to review.
and repair or replacement of carpeting, tile, wall coverings, SB1833 Engrossed - 101 - LRB097 07747 KTG 47859 b window coverings or treatments, or furniture.
and repair or replacement of carpeting, tile, wall coverings, SB1833 Enrolled - 101 - LRB097 07747 KTG 47859 b window coverings or treatments, or furniture.
"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 SB1833 Engrossed - 102 - LRB097 07747 KTG 47859 b 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.
"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 SB1833 Enrolled - 102 - LRB097 07747 KTG 47859 b 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.
"Charity care" means care provided by a health care SB1833 Engrossed - 103 - LRB097 07747 KTG 47859 b facility for which the provider does not expect to receive payment from the patient or a third-party payer.
"Charity care" means care provided by a health care SB1833 Enrolled - 103 - LRB097 07747 KTG 47859 b facility for which the provider does not expect to receive payment from the patient or a third-party payer.
(2) Adopt procedures for public notice and hearing on all SB1833 Engrossed - 104 - LRB097 07747 KTG 47859 b proposed rules, regulations, standards, criteria, and plans required to carry out the provisions of this Act.
(2) Adopt procedures for public notice and hearing on all SB1833 Enrolled - 104 - LRB097 07747 KTG 47859 b proposed rules, regulations, standards, criteria, and plans required to carry out the provisions of this Act.
(b) The number of existing and planned facilities SB1833 Engrossed - 105 - LRB097 07747 KTG 47859 b offering similar programs;
(b) The number of existing and planned facilities SB1833 Enrolled - 105 - LRB097 07747 KTG 47859 b offering similar programs;
and enter into SB1833 Engrossed - 106 - LRB097 07747 KTG 47859 b contracts consistent with the appropriations for purposes enumerated in this Act.
and enter into SB1833 Enrolled - 106 - LRB097 07747 KTG 47859 b contracts consistent with the appropriations for purposes enumerated in this Act.
or SB1833 Engrossed - 107 - LRB097 07747 KTG 47859 b (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.
or SB1833 Enrolled - 107 - LRB097 07747 KTG 47859 b (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.
SB1833 Engrossed - 108 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 108 - LRB097 07747 KTG 47859 b (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.
(15) Establish a separate set of rules and guidelines for long-term care that recognizes that nursing homes are a SB1833 Engrossed - 109 - LRB097 07747 KTG 47859 b different business line and service model from other regulated facilities.
(15) Establish a separate set of rules and guidelines for long-term care that recognizes that nursing homes are a SB1833 Enrolled - 109 - LRB097 07747 KTG 47859 b different business line and service model from other regulated facilities.
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 SB1833 Engrossed - 110 - LRB097 07747 KTG 47859 b the Board and promulgation of related rules.
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 SB1833 Enrolled - 110 - LRB097 07747 KTG 47859 b the Board and promulgation of related rules.
SB1833 Engrossed - 111 - LRB097 07747 KTG 47859 b 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.
SB1833 Enrolled - 111 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 112 - LRB097 07747 KTG 47859 b Facility Act.
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 SB1833 Enrolled - 112 - LRB097 07747 KTG 47859 b Facility Act.
(1) The acquisition of major medical equipment without SB1833 Engrossed - 113 - LRB097 07747 KTG 47859 b a permit or in violation of the terms of a permit.
(1) The acquisition of major medical equipment without SB1833 Enrolled - 113 - LRB097 07747 KTG 47859 b a permit or in violation of the terms of a permit.
The State Board shall not deny a permit on account of any SB1833 Engrossed - 114 - LRB097 07747 KTG 47859 b 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).
The State Board shall not deny a permit on account of any SB1833 Enrolled - 114 - LRB097 07747 KTG 47859 b 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).
(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 SB1833 Engrossed - 115 - LRB097 07747 KTG 47859 b acquisition or category of service established plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues.
(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 SB1833 Enrolled - 115 - LRB097 07747 KTG 47859 b acquisition or category of service established plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues.
(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 SB1833 Engrossed - 116 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 116 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 117 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 117 - LRB097 07747 KTG 47859 b 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.
(b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the SB1833 Engrossed - 118 - LRB097 07747 KTG 47859 b Caribbean Islands, regardless of race);
(b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the SB1833 Enrolled - 118 - LRB097 07747 KTG 47859 b Caribbean Islands, regardless of race);
amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, SB1833 Engrossed - 119 - LRB097 07747 KTG 47859 b 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;
amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, SB1833 Enrolled - 119 - LRB097 07747 KTG 47859 b 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;
SB1833 Engrossed - 120 - LRB097 07747 KTG 47859 b (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;
SB1833 Enrolled - 120 - LRB097 07747 KTG 47859 b (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;
(5) "State contracts" shall mean all State contracts, funded exclusively with State funds which are not subject to SB1833 Engrossed - 121 - LRB097 07747 KTG 47859 b federal reimbursement, whether competitively bid or negotiated as defined by the Secretary of the Council and approved by the Council.
(5) "State contracts" shall mean all State contracts, funded exclusively with State funds which are not subject to SB1833 Enrolled - 121 - LRB097 07747 KTG 47859 b federal reimbursement, whether competitively bid or negotiated as defined by the Secretary of the Council and approved by the Council.
(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 SB1833 Engrossed - 122 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 122 - LRB097 07747 KTG 47859 b 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.
Control shall be exemplified by SB1833 Engrossed - 123 - LRB097 07747 KTG 47859 b possessing the requisite knowledge and expertise to run the particular business and control shall not include simple majority or absentee ownership.
Control shall be exemplified by SB1833 Enrolled - 123 - LRB097 07747 KTG 47859 b possessing the requisite knowledge and expertise to run the particular business and control shall not include simple majority or absentee ownership.
The Illinois Income Tax Act is amended by SB1833 Engrossed - 124 - LRB097 07747 KTG 47859 b changing Section 806 as follows:
The Illinois Income Tax Act is amended by SB1833 Enrolled - 124 - LRB097 07747 KTG 47859 b changing Section 806 as follows:
(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 SB1833 Engrossed - 125 - LRB097 07747 KTG 47859 b purpose of resale by the enterprise.
(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 SB1833 Enrolled - 125 - LRB097 07747 KTG 47859 b purpose of resale by the enterprise.
(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 SB1833 Engrossed - 126 - LRB097 07747 KTG 47859 b persons 55 years of age or older.
(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 SB1833 Enrolled - 126 - LRB097 07747 KTG 47859 b persons 55 years of age or older.
(9) Personal property purchased from a teacher-sponsored SB1833 Engrossed - 127 - LRB097 07747 KTG 47859 b student organization affiliated with an elementary or secondary school located in Illinois.
(9) Personal property purchased from a teacher-sponsored SB1833 Enrolled - 127 - LRB097 07747 KTG 47859 b student organization affiliated with an elementary or secondary school located in Illinois.
Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering SB1833 Engrossed - 128 - LRB097 07747 KTG 47859 b plants shall be considered farm machinery and equipment under this item (11).
Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering SB1833 Enrolled - 128 - LRB097 07747 KTG 47859 b plants shall be considered farm machinery and equipment under this item (11).
(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 SB1833 Engrossed - 129 - LRB097 07747 KTG 47859 b returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(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 SB1833 Enrolled - 129 - LRB097 07747 KTG 47859 b returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(16) Until July 1, 2003, coal exploration, mining, SB1833 Engrossed - 130 - LRB097 07747 KTG 47859 b 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.
(16) Until July 1, 2003, coal exploration, mining, SB1833 Enrolled - 130 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 131 - LRB097 07747 KTG 47859 b deliver the personal property.
(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 SB1833 Enrolled - 131 - LRB097 07747 KTG 47859 b deliver the personal property.
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 SB1833 Engrossed - 132 - LRB097 07747 KTG 47859 b case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
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 SB1833 Enrolled - 132 - LRB097 07747 KTG 47859 b 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 SB1833 Engrossed - 133 - LRB097 07747 KTG 47859 b paid by the lessor.
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 SB1833 Enrolled - 133 - LRB097 07747 KTG 47859 b paid by the lessor.
(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 SB1833 Engrossed - 134 - LRB097 07747 KTG 47859 b declared disaster area within 6 months after the disaster.
(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 SB1833 Enrolled - 134 - LRB097 07747 KTG 47859 b declared disaster area within 6 months after the disaster.
(28) Beginning January 1, 2000, personal property, SB1833 Engrossed - 135 - LRB097 07747 KTG 47859 b 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.
(28) Beginning January 1, 2000, personal property, SB1833 Enrolled - 135 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 136 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 136 - LRB097 07747 KTG 47859 b 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.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this SB1833 Engrossed - 137 - LRB097 07747 KTG 47859 b Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this SB1833 Enrolled - 137 - LRB097 07747 KTG 47859 b 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 SB1833 Engrossed - 138 - LRB097 07747 KTG 47859 b lessee shall have a legal right to claim a refund of that amount from the lessor.
If a lessor improperly collects any such amount from the lessee, the SB1833 Enrolled - 138 - LRB097 07747 KTG 47859 b lessee shall have a legal right to claim a refund of that amount from the lessor.
(34) Beginning January 1, 2008, tangible personal property used in the construction or maintenance of a community water SB1833 Engrossed - 139 - LRB097 07747 KTG 47859 b 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.
(34) Beginning January 1, 2008, tangible personal property used in the construction or maintenance of a community water SB1833 Enrolled - 139 - LRB097 07747 KTG 47859 b 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.
The exemption does not include aircraft operated by a commercial air carrier providing scheduled passenger air SB1833 Engrossed - 140 - LRB097 07747 KTG 47859 b service pursuant to authority issued under Part 121 or Part 129 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a commercial air carrier providing scheduled passenger air SB1833 Enrolled - 140 - LRB097 07747 KTG 47859 b service pursuant to authority issued under Part 121 or Part 129 of the Federal Aviation Regulations.
Use of the following tangible SB1833 Engrossed - 141 - LRB097 07747 KTG 47859 b personal property is exempt from the tax imposed by this Act:
Use of the following tangible SB1833 Enrolled - 141 - LRB097 07747 KTG 47859 b personal property is exempt from the tax imposed by this Act:
SB1833 Engrossed - 142 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 142 - LRB097 07747 KTG 47859 b (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.
(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, SB1833 Engrossed - 143 - LRB097 07747 KTG 47859 b but excluding other motor vehicles required to be registered under the Illinois Vehicle Code.
(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, SB1833 Enrolled - 143 - LRB097 07747 KTG 47859 b but excluding other motor vehicles required to be registered under the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an air SB1833 Engrossed - 144 - LRB097 07747 KTG 47859 b 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.
(8) Fuel and petroleum products sold to or used by an air SB1833 Enrolled - 144 - LRB097 07747 KTG 47859 b 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.
(11) Proceeds from the sale of photoprocessing machinery and equipment, including repair and replacement parts, both new SB1833 Engrossed - 145 - LRB097 07747 KTG 47859 b 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.
(11) Proceeds from the sale of photoprocessing machinery and equipment, including repair and replacement parts, both new SB1833 Enrolled - 145 - LRB097 07747 KTG 47859 b 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.
(15) Computers and communications equipment utilized for SB1833 Engrossed - 146 - LRB097 07747 KTG 47859 b 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.
(15) Computers and communications equipment utilized for SB1833 Enrolled - 146 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 147 - LRB097 07747 KTG 47859 b Department under Section 1g of the Retailers' Occupation Tax Act.
(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 SB1833 Enrolled - 147 - LRB097 07747 KTG 47859 b Department under Section 1g of the Retailers' Occupation Tax Act.
(18) Beginning with taxable years ending on or after SB1833 Engrossed - 148 - LRB097 07747 KTG 47859 b 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.
(18) Beginning with taxable years ending on or after SB1833 Enrolled - 148 - LRB097 07747 KTG 47859 b 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.
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, SB1833 Engrossed - 149 - LRB097 07747 KTG 47859 b 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.
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, SB1833 Enrolled - 149 - LRB097 07747 KTG 47859 b 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 and through December 31, 2001, new or used automatic vending machines that prepare and serve hot food and beverages, including coffee, soup, and other SB1833 Engrossed - 150 - LRB097 07747 KTG 47859 b items, and replacement parts for these machines.
(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 SB1833 Enrolled - 150 - LRB097 07747 KTG 47859 b items, and replacement parts for these machines.
(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 SB1833 Engrossed - 151 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 151 - LRB097 07747 KTG 47859 b 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 property is leased in a manner that does not qualify for this exemption or is used in SB1833 Engrossed - 152 - LRB097 07747 KTG 47859 b 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.
If the property is leased in a manner that does not qualify for this exemption or is used in SB1833 Enrolled - 152 - LRB097 07747 KTG 47859 b 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.
This exemption includes consumable supplies used in the modification, refurbishment, completion, replacement, SB1833 Engrossed - 153 - LRB097 07747 KTG 47859 b 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.
This exemption includes consumable supplies used in the modification, refurbishment, completion, replacement, SB1833 Enrolled - 153 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 154 - LRB097 07747 KTG 47859 b issued by the public-facilities corporation in connection with the development of the municipal convention hall.
(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 SB1833 Enrolled - 154 - LRB097 07747 KTG 47859 b issued by the public-facilities corporation in connection with the development of the municipal convention hall.
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 SB1833 Engrossed - 155 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 155 - LRB097 07747 KTG 47859 b 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.
With respect to 100% biodiesel, as defined in the Use Tax Act, and biodiesel blends, as defined in the Use Tax Act, with SB1833 Engrossed - 156 - LRB097 07747 KTG 47859 b 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.
With respect to 100% biodiesel, as defined in the Use Tax Act, and biodiesel blends, as defined in the Use Tax Act, with SB1833 Enrolled - 156 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 157 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 157 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 158 - LRB097 07747 KTG 47859 b food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
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 SB1833 Enrolled - 158 - LRB097 07747 KTG 47859 b food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
For the purposes of SB1833 Engrossed - 159 - LRB097 07747 KTG 47859 b 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.
For the purposes of SB1833 Enrolled - 159 - LRB097 07747 KTG 47859 b 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.
(1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other SB1833 Engrossed - 160 - LRB097 07747 KTG 47859 b 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.
(1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other SB1833 Enrolled - 160 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 161 - LRB097 07747 KTG 47859 b country, and bullion.
(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 SB1833 Enrolled - 161 - LRB097 07747 KTG 47859 b country, and bullion.
Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering SB1833 Engrossed - 162 - LRB097 07747 KTG 47859 b plants shall be considered farm machinery and equipment under this item (7).
Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering SB1833 Enrolled - 162 - LRB097 07747 KTG 47859 b plants shall be considered farm machinery and equipment under this item (7).
(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 SB1833 Engrossed - 163 - LRB097 07747 KTG 47859 b returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(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 SB1833 Enrolled - 163 - LRB097 07747 KTG 47859 b returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(12) Until July 1, 2003, coal exploration, mining, SB1833 Engrossed - 164 - LRB097 07747 KTG 47859 b 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.
(12) Until July 1, 2003, coal exploration, mining, SB1833 Enrolled - 164 - LRB097 07747 KTG 47859 b 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.
This item (15) is exempt from the provisions of Section 3-55, and the exemption provided for under this item SB1833 Engrossed - 165 - LRB097 07747 KTG 47859 b (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).
This item (15) is exempt from the provisions of Section 3-55, and the exemption provided for under this item SB1833 Enrolled - 165 - LRB097 07747 KTG 47859 b (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).
(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 SB1833 Engrossed - 166 - LRB097 07747 KTG 47859 b 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 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 SB1833 Enrolled - 166 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 167 - LRB097 07747 KTG 47859 b purposes.
(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 SB1833 Enrolled - 167 - LRB097 07747 KTG 47859 b purposes.
This paragraph is SB1833 Engrossed - 168 - LRB097 07747 KTG 47859 b exempt from the provisions of Section 3-55.
This paragraph is SB1833 Enrolled - 168 - LRB097 07747 KTG 47859 b 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 SB1833 Engrossed - 169 - LRB097 07747 KTG 47859 b identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(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 SB1833 Enrolled - 169 - LRB097 07747 KTG 47859 b identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
SB1833 Engrossed - 170 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 170 - LRB097 07747 KTG 47859 b (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 exemption includes consumable supplies used in SB1833 Engrossed - 171 - LRB097 07747 KTG 47859 b 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.
This exemption includes consumable supplies used in SB1833 Enrolled - 171 - LRB097 07747 KTG 47859 b 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.
Unless otherwise provided in this Section, the tax imposed by this Act is at the rate of 6.25% of SB1833 Engrossed - 172 - LRB097 07747 KTG 47859 b the "selling price", as defined in Section 2 of the Service Use Tax Act, of the tangible personal property.
Unless otherwise provided in this Section, the tax imposed by this Act is at the rate of 6.25% of SB1833 Enrolled - 172 - LRB097 07747 KTG 47859 b the "selling price", as defined in Section 2 of the Service Use Tax Act, of the tangible personal property.
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 SB1833 Engrossed - 173 - LRB097 07747 KTG 47859 b or before December 31, 2013, and (iii) 100% of the cost price thereafter.
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 SB1833 Enrolled - 173 - LRB097 07747 KTG 47859 b or before December 31, 2013, and (iii) 100% of the cost price thereafter.
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 SB1833 Engrossed - 174 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 174 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 175 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 175 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 176 - LRB097 07747 KTG 47859 b food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
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 SB1833 Enrolled - 176 - LRB097 07747 KTG 47859 b food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
For the purposes of SB1833 Engrossed - 177 - LRB097 07747 KTG 47859 b 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.
For the purposes of SB1833 Enrolled - 177 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 178 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 178 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 179 - LRB097 07747 KTG 47859 b agricultural chemicals.
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 SB1833 Enrolled - 179 - LRB097 07747 KTG 47859 b agricultural chemicals.
(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, SB1833 Engrossed - 180 - LRB097 07747 KTG 47859 b as defined in the Automobile Renting Occupation and Use Tax Act.
(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, SB1833 Enrolled - 180 - LRB097 07747 KTG 47859 b as defined in the Automobile Renting Occupation and Use Tax Act.
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 SB1833 Engrossed - 181 - LRB097 07747 KTG 47859 b number issued by the Department.
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 SB1833 Enrolled - 181 - LRB097 07747 KTG 47859 b 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 SB1833 Engrossed - 182 - LRB097 07747 KTG 47859 b 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) 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 SB1833 Enrolled - 182 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Engrossed - 183 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 183 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 184 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 184 - LRB097 07747 KTG 47859 b (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.
SB1833 Engrossed - 185 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 185 - LRB097 07747 KTG 47859 b (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.
(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, SB1833 Engrossed - 186 - LRB097 07747 KTG 47859 b 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.
(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, SB1833 Enrolled - 186 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 187 - LRB097 07747 KTG 47859 b residence.
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 SB1833 Enrolled - 187 - LRB097 07747 KTG 47859 b residence.
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 SB1833 Engrossed - 188 - LRB097 07747 KTG 47859 b item (25-7) are met.
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 SB1833 Enrolled - 188 - LRB097 07747 KTG 47859 b item (25-7) are met.
This item (27) is exempt from the provisions of Section 2-70, and the exemption provided for under this item SB1833 Engrossed - 189 - LRB097 07747 KTG 47859 b (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).
This item (27) is exempt from the provisions of Section 2-70, and the exemption provided for under this item SB1833 Enrolled - 189 - LRB097 07747 KTG 47859 b (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).
(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 SB1833 Engrossed - 190 - LRB097 07747 KTG 47859 b number by the Department that assists victims of the disaster who reside within the declared disaster area.
(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 SB1833 Enrolled - 190 - LRB097 07747 KTG 47859 b number by the Department that assists victims of the disaster who reside within the declared disaster area.
For purposes of this exemption, "a corporation, SB1833 Engrossed - 191 - LRB097 07747 KTG 47859 b 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.
For purposes of this exemption, "a corporation, SB1833 Enrolled - 191 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 192 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 192 - LRB097 07747 KTG 47859 b (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.
(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, SB1833 Engrossed - 193 - LRB097 07747 KTG 47859 b 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.
(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, SB1833 Enrolled - 193 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 194 - LRB097 07747 KTG 47859 b Department who is eligible for the exemption under this paragraph (38).
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 SB1833 Enrolled - 194 - LRB097 07747 KTG 47859 b Department who is eligible for the exemption under this paragraph (38).
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 SB1833 Engrossed - 195 - LRB097 07747 KTG 47859 b engines or power plants are installed or uninstalled upon any such 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 SB1833 Enrolled - 195 - LRB097 07747 KTG 47859 b engines or power plants are installed or uninstalled upon any such aircraft.
SB1833 Engrossed - 196 - LRB097 07747 KTG 47859 b This paragraph is exempt from the provisions of Section 2-70.
SB1833 Enrolled - 196 - LRB097 07747 KTG 47859 b This paragraph is exempt from the provisions of Section 2-70.
In the case of a leasehold interest in property, the lease must be for SB1833 Engrossed - 197 - LRB097 07747 KTG 47859 b a single family residence.
In the case of a leasehold interest in property, the lease must be for SB1833 Enrolled - 197 - LRB097 07747 KTG 47859 b a single family residence.
Issuance of an Illinois Disabled Person Identification Card stating that the claimant is under a Class 2 disability, as SB1833 Engrossed - 198 - LRB097 07747 KTG 47859 b 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.
Issuance of an Illinois Disabled Person Identification Card stating that the claimant is under a Class 2 disability, as SB1833 Enrolled - 198 - LRB097 07747 KTG 47859 b 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.
In the case of a life care facility, the disabled person must be liable for paying the apportioned SB1833 Engrossed - 199 - LRB097 07747 KTG 47859 b property taxes under a life care contract as defined in Section 2 of the Life Care Facilities Act.
In the case of a life care facility, the disabled person must be liable for paying the apportioned SB1833 Enrolled - 199 - LRB097 07747 KTG 47859 b property taxes under a life care contract as defined in Section 2 of the Life Care Facilities Act.
The SB1833 Engrossed - 200 - LRB097 07747 KTG 47859 b 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 SB1833 Enrolled - 200 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 201 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 201 - LRB097 07747 KTG 47859 b 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.
In a cooperative or SB1833 Engrossed - 202 - LRB097 07747 KTG 47859 b 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.
In a cooperative or SB1833 Enrolled - 202 - LRB097 07747 KTG 47859 b 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.
Beginning with assessment year 2003, for taxes payable in SB1833 Engrossed - 203 - LRB097 07747 KTG 47859 b 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.
Beginning with assessment year 2003, for taxes payable in SB1833 Enrolled - 203 - LRB097 07747 KTG 47859 b 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 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 SB1833 Engrossed - 204 - LRB097 07747 KTG 47859 b 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 SB1833 Enrolled - 204 - LRB097 07747 KTG 47859 b exemption.
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 SB1833 Engrossed - 205 - LRB097 07747 KTG 47859 b Section, the person qualifying need not reapply for the exemption.
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 SB1833 Enrolled - 205 - LRB097 07747 KTG 47859 b Section, the person qualifying need not reapply for the exemption.
SB1833 Engrossed - 206 - LRB097 07747 KTG 47859 b (a) This Section may be cited as the Senior Citizens Assessment Freeze Homestead Exemption.
SB1833 Enrolled - 206 - LRB097 07747 KTG 47859 b (a) This Section may be cited as the Senior Citizens Assessment Freeze Homestead Exemption.
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 SB1833 Engrossed - 207 - LRB097 07747 KTG 47859 b that subsequent taxable year shall become the base year until a new base year is established under the terms of this paragraph.
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 SB1833 Enrolled - 207 - LRB097 07747 KTG 47859 b that subsequent taxable year shall become the base year until a new base year is established under the terms of this paragraph.
"Income" has the same meaning as provided in Section 3.07 SB1833 Engrossed - 208 - LRB097 07747 KTG 47859 b 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.
"Income" has the same meaning as provided in Section 3.07 SB1833 Enrolled - 208 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 209 - LRB097 07747 KTG 47859 b Section.
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 SB1833 Enrolled - 209 - LRB097 07747 KTG 47859 b Section.
In all other SB1833 Engrossed - 210 - LRB097 07747 KTG 47859 b counties, the amount of the exemption is as follows:
In all other SB1833 Enrolled - 210 - LRB097 07747 KTG 47859 b counties, the amount of the exemption is as follows:
(5) For an applicant who has a household income SB1833 Engrossed - 211 - LRB097 07747 KTG 47859 b 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.
(5) For an applicant who has a household income SB1833 Enrolled - 211 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 212 - LRB097 07747 KTG 47859 b building, other than a leasehold interest.
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 SB1833 Enrolled - 212 - LRB097 07747 KTG 47859 b building, other than a leasehold interest.
When married persons maintain separate residences, the SB1833 Engrossed - 213 - LRB097 07747 KTG 47859 b exemption provided for in this Section may be claimed by only one of such persons and for only one residence.
When married persons maintain separate residences, the SB1833 Enrolled - 213 - LRB097 07747 KTG 47859 b exemption provided for in this Section may be claimed by only one of such persons and for only one residence.
The Department shall establish, by rule, SB1833 Engrossed - 214 - LRB097 07747 KTG 47859 b 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.
The Department shall establish, by rule, SB1833 Enrolled - 214 - LRB097 07747 KTG 47859 b 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.
In order to receive the extension provided in this paragraph, the applicant shall provide the Chief County Assessment Officer with a signed statement from SB1833 Engrossed - 215 - LRB097 07747 KTG 47859 b 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.
In order to receive the extension provided in this paragraph, the applicant shall provide the Chief County Assessment Officer with a signed statement from SB1833 Enrolled - 215 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 216 - LRB097 07747 KTG 47859 b than 1994.
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 SB1833 Enrolled - 216 - LRB097 07747 KTG 47859 b than 1994.
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 SB1833 Engrossed - 217 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 217 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 218 - LRB097 07747 KTG 47859 b (Source:
SB1833 Enrolled - 218 - LRB097 07747 KTG 47859 b (Source:
Provide, equip and maintain suitable offices, SB1833 Engrossed - 219 - LRB097 07747 KTG 47859 b facilities and appliances for the health department;
Provide, equip and maintain suitable offices, SB1833 Enrolled - 219 - LRB097 07747 KTG 47859 b facilities and appliances for the health department;
Upon request, give professional advice and information to all city, village, incorporated town and school authorities, within its jurisdiction, in all SB1833 Engrossed - 220 - LRB097 07747 KTG 47859 b matters pertaining to sanitation and public health;
Upon request, give professional advice and information to all city, village, incorporated town and school authorities, within its jurisdiction, in all SB1833 Enrolled - 220 - LRB097 07747 KTG 47859 b matters pertaining to sanitation and public health;
Submit an annual budget to the county board or SB1833 Engrossed - 221 - LRB097 07747 KTG 47859 b boards;
Submit an annual budget to the county board or SB1833 Enrolled - 221 - LRB097 07747 KTG 47859 b boards;
SB1833 Engrossed - 222 - LRB097 07747 KTG 47859 b 5.
SB1833 Enrolled - 222 - LRB097 07747 KTG 47859 b 5.
(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 SB1833 Engrossed - 223 - LRB097 07747 KTG 47859 b that created the 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 SB1833 Enrolled - 223 - LRB097 07747 KTG 47859 b that created the department.
Taxes first levied under this Section on or after the effective date of this amendatory Act of the 96th SB1833 Engrossed - 224 - LRB097 07747 KTG 47859 b General Assembly are subject to referendum approval under Section 1.1 or 1.2 of this Act.
Taxes first levied under this Section on or after the effective date of this amendatory Act of the 96th SB1833 Enrolled - 224 - LRB097 07747 KTG 47859 b General Assembly are subject to referendum approval under Section 1.1 or 1.2 of this Act.
The proposition shall be in SB1833 Engrossed - 225 - LRB097 07747 KTG 47859 b substantially the following form:
The proposition shall be in SB1833 Enrolled - 225 - LRB097 07747 KTG 47859 b substantially the following form:
(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 SB1833 Engrossed - 226 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 226 - LRB097 07747 KTG 47859 b 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.
7-28-10.) SB1833 Engrossed - 227 - LRB097 07747 KTG 47859 b Section 50.
7-28-10.) SB1833 Enrolled - 227 - LRB097 07747 KTG 47859 b Section 50.
If a township is not included in a mental health district organized under the Community Mental Health Act, the township board may provide SB1833 Engrossed - 228 - LRB097 07747 KTG 47859 b 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.
If a township is not included in a mental health district organized under the Community Mental Health Act, the township board may provide SB1833 Enrolled - 228 - LRB097 07747 KTG 47859 b 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.
(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) SB1833 Engrossed - 229 - LRB097 07747 KTG 47859 b both.
(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) SB1833 Enrolled - 229 - LRB097 07747 KTG 47859 b both.
the services shall be provided SB1833 Engrossed - 230 - LRB097 07747 KTG 47859 b through programs funded by grants from the Department of Public Health from appropriations to the Department for that purpose.
the services shall be provided SB1833 Enrolled - 230 - LRB097 07747 KTG 47859 b through programs funded by grants from the Department of Public Health from appropriations to the Department for that purpose.
(10) To establish and execute programs and services in the field of mental health, including intellectual SB1833 Engrossed - 231 - LRB097 07747 KTG 47859 b disabilities mental retardation, not inconsistent with the regulations of the Department of Human Services.
(10) To establish and execute programs and services in the field of mental health, including intellectual SB1833 Enrolled - 231 - LRB097 07747 KTG 47859 b disabilities mental retardation, not inconsistent with the regulations of the Department of Human Services.
The increased vote requirements to impose a tax shall only apply to actions taken SB1833 Engrossed - 232 - LRB097 07747 KTG 47859 b after the effective date of this amendatory Act of the 95th General Assembly.
The increased vote requirements to impose a tax shall only apply to actions taken SB1833 Enrolled - 232 - LRB097 07747 KTG 47859 b after the effective date of this amendatory Act of the 95th General Assembly.
(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 SB1833 Engrossed - 233 - LRB097 07747 KTG 47859 b paragraph (b) of 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 SB1833 Enrolled - 233 - LRB097 07747 KTG 47859 b paragraph (b) of this Section.
In Cook County the tax rate shall be SB1833 Engrossed - 234 - LRB097 07747 KTG 47859 b 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 Cook County the tax rate shall be SB1833 Enrolled - 234 - LRB097 07747 KTG 47859 b 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 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 SB1833 Engrossed - 235 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 235 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 236 - LRB097 07747 KTG 47859 b at the place where the coal or other mineral mined in Illinois is extracted from the earth.
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 SB1833 Enrolled - 236 - LRB097 07747 KTG 47859 b at the place where the coal or other mineral mined in Illinois is extracted from the earth.
(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 SB1833 Engrossed - 237 - LRB097 07747 KTG 47859 b 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;
(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 SB1833 Enrolled - 237 - LRB097 07747 KTG 47859 b 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;
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 SB1833 Engrossed - 238 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 238 - LRB097 07747 KTG 47859 b 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.
Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a SB1833 Engrossed - 239 - LRB097 07747 KTG 47859 b 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.
Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a SB1833 Enrolled - 239 - LRB097 07747 KTG 47859 b 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 tax must be paid to the State, or an exemption SB1833 Engrossed - 240 - LRB097 07747 KTG 47859 b determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued.
The tax must be paid to the State, or an exemption SB1833 Enrolled - 240 - LRB097 07747 KTG 47859 b determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued.
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, SB1833 Engrossed - 241 - LRB097 07747 KTG 47859 b 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.
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, SB1833 Enrolled - 241 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 242 - LRB097 07747 KTG 47859 b 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.
SB1833 Enrolled - 242 - LRB097 07747 KTG 47859 b 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.
(j) A certificate of registration issued by the State SB1833 Engrossed - 243 - LRB097 07747 KTG 47859 b 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.
(j) A certificate of registration issued by the State SB1833 Enrolled - 243 - LRB097 07747 KTG 47859 b 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.
The State Department of Revenue may provide for certificates of SB1833 Engrossed - 244 - LRB097 07747 KTG 47859 b 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.
The State Department of Revenue may provide for certificates of SB1833 Enrolled - 244 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 245 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 245 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 246 - LRB097 07747 KTG 47859 b counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority.
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 SB1833 Enrolled - 246 - LRB097 07747 KTG 47859 b counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority.
(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 SB1833 Engrossed - 247 - LRB097 07747 KTG 47859 b authorized under paragraphs (e), (f) and (g) of this Section is in effect.
(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 SB1833 Enrolled - 247 - LRB097 07747 KTG 47859 b authorized under paragraphs (e), (f) and (g) of this Section is in effect.
SB1833 Engrossed - 248 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 248 - LRB097 07747 KTG 47859 b (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.
and a SB1833 Engrossed - 249 - LRB097 07747 KTG 47859 b schedule for annual determination of short-term objectives.
and a SB1833 Enrolled - 249 - LRB097 07747 KTG 47859 b schedule for annual determination of short-term objectives.
(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 SB1833 Engrossed - 250 - LRB097 07747 KTG 47859 b case coordination pilot projects established by the Department of Human Services pursuant to Section 4.1 of the Community Services Act, as amended.
(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 SB1833 Enrolled - 250 - LRB097 07747 KTG 47859 b case coordination pilot projects established by the Department of Human Services pursuant to Section 4.1 of the Community Services Act, as amended.
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 SB1833 Engrossed - 251 - LRB097 07747 KTG 47859 b coordination unit to serve these individuals.
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 SB1833 Enrolled - 251 - LRB097 07747 KTG 47859 b coordination unit to serve these individuals.
SB1833 Engrossed - 252 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 252 - LRB097 07747 KTG 47859 b (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.
Such disorders include such conditions as SB1833 Engrossed - 253 - LRB097 07747 KTG 47859 b perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
Such disorders include such conditions as SB1833 Enrolled - 253 - LRB097 07747 KTG 47859 b perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
The board shall exercise SB1833 Engrossed - 254 - LRB097 07747 KTG 47859 b 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:
The board shall exercise SB1833 Enrolled - 254 - LRB097 07747 KTG 47859 b 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:
To SB1833 Engrossed - 255 - LRB097 07747 KTG 47859 b admit to such schools without charge foreign exchange students who are participants in an organized exchange student program which is authorized by the board.
To SB1833 Enrolled - 255 - LRB097 07747 KTG 47859 b admit to such schools without charge foreign exchange students who are participants in an organized exchange student program which is authorized by the board.
To furnish lunches to pupils, to make a reasonable SB1833 Engrossed - 256 - LRB097 07747 KTG 47859 b 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;
To furnish lunches to pupils, to make a reasonable SB1833 Enrolled - 256 - LRB097 07747 KTG 47859 b 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;
Except that children may be committed to or attend parental and social adjustment schools established and maintained either for boys or girls SB1833 Engrossed - 257 - LRB097 07747 KTG 47859 b only.
Except that children may be committed to or attend parental and social adjustment schools established and maintained either for boys or girls SB1833 Enrolled - 257 - LRB097 07747 KTG 47859 b only.
Open enrollment shall be in compliance with the provisions of the Consent Decree and Desegregation Plan cited in Section SB1833 Engrossed - 258 - LRB097 07747 KTG 47859 b 34-1.01;
Open enrollment shall be in compliance with the provisions of the Consent Decree and Desegregation Plan cited in Section SB1833 Enrolled - 258 - LRB097 07747 KTG 47859 b 34-1.01;
(i) non-teaching duties not SB1833 Engrossed - 259 - LRB097 07747 KTG 47859 b requiring instructional judgment or evaluation of pupils, including library duties;
(i) non-teaching duties not SB1833 Enrolled - 259 - LRB097 07747 KTG 47859 b requiring instructional judgment or evaluation of pupils, including library duties;
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 SB1833 Engrossed - 260 - LRB097 07747 KTG 47859 b community;
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 SB1833 Enrolled - 260 - LRB097 07747 KTG 47859 b community;
To insure against any loss or liability of the board, the former School Board Nominating Commission, SB1833 Engrossed - 261 - LRB097 07747 KTG 47859 b 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;
To insure against any loss or liability of the board, the former School Board Nominating Commission, SB1833 Enrolled - 261 - LRB097 07747 KTG 47859 b 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;
To contract with the corporate authorities of any SB1833 Engrossed - 262 - LRB097 07747 KTG 47859 b 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;
To contract with the corporate authorities of any SB1833 Enrolled - 262 - LRB097 07747 KTG 47859 b 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;
(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 SB1833 Engrossed - 263 - LRB097 07747 KTG 47859 b representatives under subsection (a) of this Section, the high school may not provide access to the student's directory information to these recruiting representatives.
(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 SB1833 Enrolled - 263 - LRB097 07747 KTG 47859 b 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 distribution of such proceeds between the employee and the school SB1833 Engrossed - 264 - LRB097 07747 KTG 47859 b 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 distribution of such proceeds between the employee and the school SB1833 Enrolled - 264 - LRB097 07747 KTG 47859 b 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.
Under such arrangement, an amount SB1833 Engrossed - 265 - LRB097 07747 KTG 47859 b 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;
Under such arrangement, an amount SB1833 Enrolled - 265 - LRB097 07747 KTG 47859 b 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;
Before the Board deducts any amount from any salary or wage of an SB1833 Engrossed - 266 - LRB097 07747 KTG 47859 b 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.
Before the Board deducts any amount from any salary or wage of an SB1833 Enrolled - 266 - LRB097 07747 KTG 47859 b 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 SB1833 Engrossed - 267 - LRB097 07747 KTG 47859 b court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review;
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 SB1833 Enrolled - 267 - LRB097 07747 KTG 47859 b court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review;
SB1833 Engrossed - 268 - LRB097 07747 KTG 47859 b (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);
SB1833 Enrolled - 268 - LRB097 07747 KTG 47859 b (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);
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 SB1833 Engrossed - 269 - LRB097 07747 KTG 47859 b 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;
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 SB1833 Enrolled - 269 - LRB097 07747 KTG 47859 b 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;
SB1833 Engrossed - 270 - LRB097 07747 KTG 47859 b 30.
SB1833 Enrolled - 270 - LRB097 07747 KTG 47859 b 30.
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 SB1833 Engrossed - 271 - LRB097 07747 KTG 47859 b policies, enter into contracts, and take any other action necessary to accomplish the objectives and implement the requirements of that agreement;
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 SB1833 Enrolled - 271 - LRB097 07747 KTG 47859 b policies, enter into contracts, and take any other action necessary to accomplish the objectives and implement the requirements of that agreement;
38b18) SB1833 Engrossed - 272 - LRB097 07747 KTG 47859 b Sec.
38b18) SB1833 Enrolled - 272 - LRB097 07747 KTG 47859 b Sec.
SB1833 Engrossed - 273 - LRB097 07747 KTG 47859 b paraplegia;
SB1833 Enrolled - 273 - LRB097 07747 KTG 47859 b paraplegia;
(4) "Funder" means any entity either State, local or federal, or private not-for-profit or for-profit that SB1833 Engrossed - 274 - LRB097 07747 KTG 47859 b provides monies to programs that provide services related to supported employment.
(4) "Funder" means any entity either State, local or federal, or private not-for-profit or for-profit that SB1833 Enrolled - 274 - LRB097 07747 KTG 47859 b provides monies to programs that provide services related to supported employment.
7-1-97.) SB1833 Engrossed - 275 - LRB097 07747 KTG 47859 b Section 66.
7-1-97.) SB1833 Enrolled - 275 - LRB097 07747 KTG 47859 b Section 66.
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 SB1833 Engrossed - 276 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 276 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 277 - LRB097 07747 KTG 47859 b Care Act, the ID/DD MR/DD Community Care Act, or the University of Illinois Hospital Act that provides respite care services to children.
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 SB1833 Enrolled - 277 - LRB097 07747 KTG 47859 b Care Act, the ID/DD MR/DD Community Care Act, or the University of Illinois Hospital Act that provides respite care services to children.
SB1833 Engrossed - 278 - LRB097 07747 KTG 47859 b The term "ambulatory surgical treatment center" does not include any of the following:
SB1833 Enrolled - 278 - LRB097 07747 KTG 47859 b The term "ambulatory surgical treatment center" does not include any of the following:
(D) "Director" means the Director of the Department of SB1833 Engrossed - 279 - LRB097 07747 KTG 47859 b Public Health of the State of Illinois.
(D) "Director" means the Director of the Department of SB1833 Enrolled - 279 - LRB097 07747 KTG 47859 b Public Health of the State of Illinois.
(2) community-based residential care for persons who SB1833 Engrossed - 280 - LRB097 07747 KTG 47859 b 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;
(2) community-based residential care for persons who SB1833 Enrolled - 280 - LRB097 07747 KTG 47859 b 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;
However, a facility SB1833 Engrossed - 281 - LRB097 07747 KTG 47859 b licensed under either of those Acts may convert distinct parts of the facility to assisted living.
However, a facility SB1833 Enrolled - 281 - LRB097 07747 KTG 47859 b licensed under either of those Acts may convert distinct parts of the facility to assisted living.
(9) The portion of a life care facility as defined in the Life Care Facilities Act not licensed as an assisted SB1833 Engrossed - 282 - LRB097 07747 KTG 47859 b living establishment under this Act;
(9) The portion of a life care facility as defined in the Life Care Facilities Act not licensed as an assisted SB1833 Enrolled - 282 - LRB097 07747 KTG 47859 b living establishment under this Act;
SB1833 Engrossed - 283 - LRB097 07747 KTG 47859 b "Licensed health care professional" means a registered professional nurse, an advanced practice nurse, a physician assistant, and a licensed practical nurse.
SB1833 Enrolled - 283 - LRB097 07747 KTG 47859 b "Licensed health care professional" means a registered professional nurse, an advanced practice nurse, a physician assistant, and a licensed practical nurse.
The provider assures that the resident and the resident's SB1833 Engrossed - 284 - LRB097 07747 KTG 47859 b representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these risks.
The provider assures that the resident and the resident's SB1833 Enrolled - 284 - LRB097 07747 KTG 47859 b representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these risks.
This SB1833 Engrossed - 285 - LRB097 07747 KTG 47859 b 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.
This SB1833 Enrolled - 285 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 286 - LRB097 07747 KTG 47859 b (1) A home, institution, or similar place operated by the federal government or the State of Illinois.
SB1833 Enrolled - 286 - LRB097 07747 KTG 47859 b (1) A home, institution, or similar place operated by the federal government or the State of Illinois.
SB1833 Engrossed - 287 - LRB097 07747 KTG 47859 b (8) A supportive residence licensed under the Supportive Residences Licensing Act.
SB1833 Enrolled - 287 - LRB097 07747 KTG 47859 b (8) A supportive residence licensed under the Supportive Residences Licensing Act.
(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 SB1833 Engrossed - 288 - LRB097 07747 KTG 47859 b 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;
(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 SB1833 Enrolled - 288 - LRB097 07747 KTG 47859 b 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;
(5) that the applicant is in substantial compliance SB1833 Engrossed - 289 - LRB097 07747 KTG 47859 b with this Act and such other requirements for a license as the Department by rule may establish under this Act;
(5) that the applicant is in substantial compliance SB1833 Enrolled - 289 - LRB097 07747 KTG 47859 b with this Act and such other requirements for a license as the Department by rule may establish under this Act;
An application SB1833 Engrossed - 290 - LRB097 07747 KTG 47859 b for a license may be denied for any of the following reasons:
An application SB1833 Enrolled - 290 - LRB097 07747 KTG 47859 b for a license may be denied for any of the following reasons:
provided, however, that the denial of an application for a license pursuant to this SB1833 Engrossed - 291 - LRB097 07747 KTG 47859 b 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;
provided, however, that the denial of an application for a license pursuant to this SB1833 Enrolled - 291 - LRB097 07747 KTG 47859 b 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;
Any conversion of existing beds licensed SB1833 Engrossed - 292 - LRB097 07747 KTG 47859 b 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.
Any conversion of existing beds licensed SB1833 Enrolled - 292 - LRB097 07747 KTG 47859 b 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.
7-1-10.) (210 ILCS 28/50) SB1833 Engrossed - 293 - LRB097 07747 KTG 47859 b Sec.
7-1-10.) (210 ILCS 28/50) SB1833 Enrolled - 293 - LRB097 07747 KTG 47859 b Sec.
SB1833 Engrossed - 294 - LRB097 07747 KTG 47859 b c.
SB1833 Enrolled - 294 - LRB097 07747 KTG 47859 b c.
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 SB1833 Engrossed - 295 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 295 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 296 - LRB097 07747 KTG 47859 b have direct contact has been subjected to abuse or neglect shall immediately report or cause a report to be made to the Department.
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 SB1833 Enrolled - 296 - LRB097 07747 KTG 47859 b have direct contact has been subjected to abuse or neglect shall immediately report or cause a report to be made to the Department.
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, SB1833 Engrossed - 297 - LRB097 07747 KTG 47859 b if such person has reasonable cause to suspect a resident has been abused or neglected.
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, SB1833 Enrolled - 297 - LRB097 07747 KTG 47859 b if such person has reasonable cause to suspect a resident has been abused or neglected.
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 SB1833 Engrossed - 298 - LRB097 07747 KTG 47859 b provisions of that Section and of this Section, and provide to the Department documentation that such notification has been given.
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 SB1833 Enrolled - 298 - LRB097 07747 KTG 47859 b provisions of that Section and of this Section, and provide to the Department documentation that such notification has been given.
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 SB1833 Engrossed - 299 - LRB097 07747 KTG 47859 b 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 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 SB1833 Enrolled - 299 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 300 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 300 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Engrossed - 301 - LRB097 07747 KTG 47859 b 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.
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 SB1833 Enrolled - 301 - LRB097 07747 KTG 47859 b 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.
The Department shall effect formal agreements with appropriate law enforcement agencies in the various counties and communities to encourage cooperation and coordination in SB1833 Engrossed - 302 - LRB097 07747 KTG 47859 b the handling of resident abuse or neglect cases pursuant to this Act.
The Department shall effect formal agreements with appropriate law enforcement agencies in the various counties and communities to encourage cooperation and coordination in SB1833 Enrolled - 302 - LRB097 07747 KTG 47859 b the handling of resident abuse or neglect cases pursuant to this Act.
The Nursing Home Care Act is amended by SB1833 Engrossed - 303 - LRB097 07747 KTG 47859 b changing Sections 1-113 and 3-202.5 as follows:
The Nursing Home Care Act is amended by SB1833 Enrolled - 303 - LRB097 07747 KTG 47859 b changing Sections 1-113 and 3-202.5 as follows:
(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 SB1833 Engrossed - 304 - LRB097 07747 KTG 47859 b operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
(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 SB1833 Enrolled - 304 - LRB097 07747 KTG 47859 b operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
(10) Any assisted living or shared housing SB1833 Engrossed - 305 - LRB097 07747 KTG 47859 b 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;
(10) Any assisted living or shared housing SB1833 Enrolled - 305 - LRB097 07747 KTG 47859 b 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;
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 SB1833 Engrossed - 306 - LRB097 07747 KTG 47859 b with the Department who meets those class specifications.
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 SB1833 Enrolled - 306 - LRB097 07747 KTG 47859 b with the Department who meets those class specifications.
If a SB1833 Engrossed - 307 - LRB097 07747 KTG 47859 b submission of drawings and specifications is incomplete, the applicant may submit additional information.
If a SB1833 Enrolled - 307 - LRB097 07747 KTG 47859 b submission of drawings and specifications is incomplete, the applicant may submit additional information.
SB1833 Engrossed - 308 - LRB097 07747 KTG 47859 b (3) the law or rules have not been amended since the original approval;
SB1833 Enrolled - 308 - LRB097 07747 KTG 47859 b (3) the law or rules have not been amended since the original approval;
SB1833 Engrossed - 309 - LRB097 07747 KTG 47859 b The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments.
SB1833 Enrolled - 309 - LRB097 07747 KTG 47859 b The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments.
SB1833 Engrossed - 310 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 310 - LRB097 07747 KTG 47859 b (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.
SB1833 Engrossed - 311 - LRB097 07747 KTG 47859 b (h) The Department shall establish, by rule, a procedure to conduct interim on-site review of large or complex construction projects.
SB1833 Enrolled - 311 - LRB097 07747 KTG 47859 b (h) The Department shall establish, by rule, a procedure to conduct interim on-site review of large or complex construction projects.
"ID/DDMR/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 SB1833 Engrossed - 312 - LRB097 07747 KTG 47859 b ownership or management, personal care or nursing for 3 or more persons not related to the applicant or owner by blood or marriage.
"ID/DDMR/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 SB1833 Enrolled - 312 - LRB097 07747 KTG 47859 b ownership or management, personal care or nursing for 3 or more persons not related to the applicant or owner by blood or marriage.
(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 SB1833 Engrossed - 313 - LRB097 07747 KTG 47859 b creed or tenets of any well recognized church or religious denomination.
(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 SB1833 Enrolled - 313 - LRB097 07747 KTG 47859 b creed or tenets of any well recognized church or religious denomination.
7-2-10.) SB1833 Engrossed - 314 - LRB097 07747 KTG 47859 b Section 74.
7-2-10.) SB1833 Enrolled - 314 - LRB097 07747 KTG 47859 b Section 74.
SB1833 Engrossed - 315 - LRB097 07747 KTG 47859 b (210 ILCS 60/3) (from Ch.
SB1833 Enrolled - 315 - LRB097 07747 KTG 47859 b (210 ILCS 60/3) (from Ch.
(e) "Hospice care team" means an interdisciplinary group or SB1833 Engrossed - 316 - LRB097 07747 KTG 47859 b groups composed of individuals who provide or supervise the care and services offered by the hospice.
(e) "Hospice care team" means an interdisciplinary group or SB1833 Enrolled - 316 - LRB097 07747 KTG 47859 b groups composed of individuals who provide or supervise the care and services offered by the hospice.
(h-5) "Hospice program" means a licensed public agency or private organization, or a subdivision of either of those, that SB1833 Engrossed - 317 - LRB097 07747 KTG 47859 b 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.
(h-5) "Hospice program" means a licensed public agency or private organization, or a subdivision of either of those, that SB1833 Enrolled - 317 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 318 - LRB097 07747 KTG 47859 b (2) The estimated average monthly patient census.
SB1833 Enrolled - 318 - LRB097 07747 KTG 47859 b (2) The estimated average monthly patient census.
(l-5) "Employee" means a paid or unpaid member of the staff of a hospice program, or, if the hospice program is a SB1833 Engrossed - 319 - LRB097 07747 KTG 47859 b subdivision of an agency or organization, of the agency or organization, who is appropriately trained and assigned to the hospice program.
(l-5) "Employee" means a paid or unpaid member of the staff of a hospice program, or, if the hospice program is a SB1833 Enrolled - 319 - LRB097 07747 KTG 47859 b subdivision of an agency or organization, of the agency or organization, who is appropriately trained and assigned to the hospice program.
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 SB1833 Engrossed - 320 - LRB097 07747 KTG 47859 b operating a hospice residence.
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 SB1833 Enrolled - 320 - LRB097 07747 KTG 47859 b operating a hospice residence.
(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, SB1833 Engrossed - 321 - LRB097 07747 KTG 47859 b injury, infirmity, or deformity.
(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, SB1833 Enrolled - 321 - LRB097 07747 KTG 47859 b injury, infirmity, or deformity.
(3) hospitalization or care facilities maintained by SB1833 Engrossed - 322 - LRB097 07747 KTG 47859 b the federal government or agencies thereof;
(3) hospitalization or care facilities maintained by SB1833 Enrolled - 322 - LRB097 07747 KTG 47859 b the federal government or agencies thereof;
SB1833 Engrossed - 323 - LRB097 07747 KTG 47859 b (D) "Director" means the Director of Public Health of the State of Illinois.
SB1833 Enrolled - 323 - LRB097 07747 KTG 47859 b (D) "Director" means the Director of Public Health of the State of Illinois.
For the purposes of this Act, "tissue" does not include SB1833 Engrossed - 324 - LRB097 07747 KTG 47859 b organs.
For the purposes of this Act, "tissue" does not include SB1833 Enrolled - 324 - LRB097 07747 KTG 47859 b organs.
The SB1833 Engrossed - 325 - LRB097 07747 KTG 47859 b procedures must include prohibitions against discharging or referring a patient to any of the following if unlicensed, uncertified, or unregistered:
The SB1833 Enrolled - 325 - LRB097 07747 KTG 47859 b procedures must include prohibitions against discharging or referring a patient to any of the following if unlicensed, uncertified, or unregistered:
(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 SB1833 Engrossed - 326 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 326 - LRB097 07747 KTG 47859 b 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.
In all circumstances SB1833 Engrossed - 327 - LRB097 07747 KTG 47859 b 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.
In all circumstances SB1833 Enrolled - 327 - LRB097 07747 KTG 47859 b 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.
(210 ILCS 87/10) SB1833 Engrossed - 328 - LRB097 07747 KTG 47859 b Sec.
(210 ILCS 87/10) SB1833 Enrolled - 328 - LRB097 07747 KTG 47859 b Sec.
7-1-10.) SB1833 Engrossed - 329 - LRB097 07747 KTG 47859 b Section 78.
7-1-10.) SB1833 Enrolled - 329 - LRB097 07747 KTG 47859 b Section 78.
(3) Maintaining the integrity of communities by SB1833 Engrossed - 330 - LRB097 07747 KTG 47859 b requiring regular monitoring and inspection of placements and other services provided in community-integrated living arrangements.
(3) Maintaining the integrity of communities by SB1833 Enrolled - 330 - LRB097 07747 KTG 47859 b requiring regular monitoring and inspection of placements and other services provided in community-integrated living arrangements.
SB1833 Engrossed - 331 - LRB097 07747 KTG 47859 b (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.
SB1833 Enrolled - 331 - LRB097 07747 KTG 47859 b (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.
The notice shall also inform the licensee of any other action which SB1833 Engrossed - 332 - LRB097 07747 KTG 47859 b the Department might take pursuant to this Act and of the right to a hearing.
The notice shall also inform the licensee of any other action which SB1833 Enrolled - 332 - LRB097 07747 KTG 47859 b the Department might take pursuant to this Act and of the right to a hearing.
(c) Any institution, home, place or facility operating SB1833 Engrossed - 333 - LRB097 07747 KTG 47859 b under a license pursuant to the Nursing Home Care Act or the ID/DD MR/DD Community Care Act;
(c) Any institution, home, place or facility operating SB1833 Enrolled - 333 - LRB097 07747 KTG 47859 b under a license pursuant to the Nursing Home Care Act or the ID/DD MR/DD Community Care Act;
SB1833 Engrossed - 334 - LRB097 07747 KTG 47859 b (1) The operation and conduct of the facility and responsibility it assumes for child care;
SB1833 Enrolled - 334 - LRB097 07747 KTG 47859 b (1) The operation and conduct of the facility and responsibility it assumes for child care;
The Department may offer, or arrange for the offering, on a periodic basis in each community in this State in cooperation with the SB1833 Engrossed - 335 - LRB097 07747 KTG 47859 b 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;
The Department may offer, or arrange for the offering, on a periodic basis in each community in this State in cooperation with the SB1833 Enrolled - 335 - LRB097 07747 KTG 47859 b 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;
(11) Protection and fostering of the particular SB1833 Engrossed - 336 - LRB097 07747 KTG 47859 b religious faith of the children served;
(11) Protection and fostering of the particular SB1833 Enrolled - 336 - LRB097 07747 KTG 47859 b religious faith of the children served;
(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 SB1833 Engrossed - 337 - LRB097 07747 KTG 47859 b 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.
(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 SB1833 Enrolled - 337 - LRB097 07747 KTG 47859 b 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.
SB1833 Engrossed - 338 - LRB097 07747 KTG 47859 b (e) The Department shall distribute copies of licensing standards to all licensees and applicants for a license.
SB1833 Enrolled - 338 - LRB097 07747 KTG 47859 b (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 make available by posting at all times in a common or otherwise accessible area a complete and current set SB1833 Engrossed - 339 - LRB097 07747 KTG 47859 b of licensing standards in order that all employees of the facility may have unrestricted access to such standards.
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 SB1833 Enrolled - 339 - LRB097 07747 KTG 47859 b of licensing standards in order that all employees of the facility may have unrestricted access to such standards.
8-13-09.) SB1833 Engrossed - 340 - LRB097 07747 KTG 47859 b Section 80.
8-13-09.) SB1833 Enrolled - 340 - LRB097 07747 KTG 47859 b Section 80.
SB1833 Engrossed - 341 - LRB097 07747 KTG 47859 b "Employee" means any individual hired, employed, or retained to which this Act applies.
SB1833 Enrolled - 341 - LRB097 07747 KTG 47859 b "Employee" means any individual hired, employed, or retained to which this Act applies.
SB1833 Engrossed - 342 - LRB097 07747 KTG 47859 b (ix-a) an establishment licensed under the Assisted Living and Shared Housing Act;
SB1833 Enrolled - 342 - LRB097 07747 KTG 47859 b (ix-a) an establishment licensed under the Assisted Living and Shared Housing Act;
or (4) the State Long Term Care Ombudsman Program, including any regional long term care ombudsman programs SB1833 Engrossed - 343 - LRB097 07747 KTG 47859 b under Section 4.04 of the Illinois Act on the Aging, only for the purpose of securing background checks.
or (4) the State Long Term Care Ombudsman Program, including any regional long term care ombudsman programs SB1833 Enrolled - 343 - LRB097 07747 KTG 47859 b under Section 4.04 of the Illinois Act on the Aging, only for the purpose of securing background checks.
"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 fingerprints and required data to the Department of State SB1833 Engrossed - 344 - LRB097 07747 KTG 47859 b Police and a daily file of required data to the Department of Public Health.
"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 fingerprints and required data to the Department of State SB1833 Enrolled - 344 - LRB097 07747 KTG 47859 b Police and a daily file of required data to the Department of Public Health.
For purposes of this Act, the SB1833 Engrossed - 345 - LRB097 07747 KTG 47859 b following definitions shall have the following meanings, except where the context requires otherwise:
For purposes of this Act, the SB1833 Enrolled - 345 - LRB097 07747 KTG 47859 b following definitions shall have the following meanings, except where the context requires otherwise:
(6) "Nursing home" or "facility" means any entity that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar SB1833 Engrossed - 346 - LRB097 07747 KTG 47859 b institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing.
(6) "Nursing home" or "facility" means any entity that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar SB1833 Enrolled - 346 - LRB097 07747 KTG 47859 b institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing.
(10) "Disciplinary action" means revocation, suspension, probation, supervision, reprimand, required SB1833 Engrossed - 347 - LRB097 07747 KTG 47859 b education, fines or any other action taken by the Department against a person holding a license.
(10) "Disciplinary action" means revocation, suspension, probation, supervision, reprimand, required SB1833 Enrolled - 347 - LRB097 07747 KTG 47859 b education, fines or any other action taken by the Department against a person holding a license.
(a) The Department may impose fines not to exceed $10,000 or may refuse to issue or to renew, or may revoke, suspend, SB1833 Engrossed - 348 - LRB097 07747 KTG 47859 b place on probation, censure, reprimand or take other disciplinary or non-disciplinary action with regard to the license of any person, for any one or combination of the following causes:
(a) The Department may impose fines not to exceed $10,000 or may refuse to issue or to renew, or may revoke, suspend, SB1833 Enrolled - 348 - LRB097 07747 KTG 47859 b place on probation, censure, reprimand or take other disciplinary or non-disciplinary action with regard to the license of any person, for any one or combination of the following causes:
(7) Habitual use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug which results in the inability to practice with reasonable SB1833 Engrossed - 349 - LRB097 07747 KTG 47859 b judgment, skill or safety.
(7) Habitual use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug which results in the inability to practice with reasonable SB1833 Enrolled - 349 - LRB097 07747 KTG 47859 b judgment, skill or safety.
(17) Conviction of a violation of Section 12-19 of the SB1833 Engrossed - 350 - LRB097 07747 KTG 47859 b Criminal Code of 1961 for the abuse and gross neglect of a long term care facility resident.
(17) Conviction of a violation of Section 12-19 of the SB1833 Enrolled - 350 - LRB097 07747 KTG 47859 b Criminal Code of 1961 for the abuse and gross neglect of a long term care facility resident.
(21) Failure to report to the Department any adverse SB1833 Engrossed - 351 - LRB097 07747 KTG 47859 b judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
(21) Failure to report to the Department any adverse SB1833 Enrolled - 351 - LRB097 07747 KTG 47859 b judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
(ii) dishonorable, unethical or unprofessional conduct SB1833 Engrossed - 352 - LRB097 07747 KTG 47859 b of a character likely to deceive, defraud, or harm the public;
(ii) dishonorable, unethical or unprofessional conduct SB1833 Enrolled - 352 - LRB097 07747 KTG 47859 b of a character likely to deceive, defraud, or harm the public;
Failure of any individual to submit to mental or physical examination, when directed, shall be SB1833 Engrossed - 353 - LRB097 07747 KTG 47859 b grounds for suspension of his or her license until such time as the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
Failure of any individual to submit to mental or physical examination, when directed, shall be SB1833 Enrolled - 353 - LRB097 07747 KTG 47859 b grounds for suspension of his or her license until such time as the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
The Department and Board shall have the authority to review the subject administrator's SB1833 Engrossed - 354 - LRB097 07747 KTG 47859 b record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
The Department and Board shall have the authority to review the subject administrator's SB1833 Enrolled - 354 - LRB097 07747 KTG 47859 b record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
SB1833 Engrossed - 355 - LRB097 07747 KTG 47859 b Should the Attorney General decline representation, a person entitled to indemnification under this Section shall have the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were wilful and wanton.
SB1833 Enrolled - 355 - LRB097 07747 KTG 47859 b Should the Attorney General decline representation, a person entitled to indemnification under this Section shall have the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were wilful and wanton.
and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume SB1833 Engrossed - 356 - LRB097 07747 KTG 47859 b his or her practice.
and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume SB1833 Enrolled - 356 - LRB097 07747 KTG 47859 b his or her practice.
(a) "Pharmacy" or "drugstore" means and includes every store, shop, pharmacy department, or other place where pharmacist care is provided by a pharmacist (1) where drugs, medicines, or poisons are dispensed, sold or offered for sale SB1833 Engrossed - 357 - LRB097 07747 KTG 47859 b at retail, or displayed for sale at retail;
(a) "Pharmacy" or "drugstore" means and includes every store, shop, pharmacy department, or other place where pharmacist care is provided by a pharmacist (1) where drugs, medicines, or poisons are dispensed, sold or offered for sale SB1833 Enrolled - 357 - LRB097 07747 KTG 47859 b at retail, or displayed for sale at retail;
and (2) all other articles intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not SB1833 Engrossed - 358 - LRB097 07747 KTG 47859 b include devices or their components, parts, or accessories;
and (2) all other articles intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not SB1833 Enrolled - 358 - LRB097 07747 KTG 47859 b include devices or their components, parts, or accessories;
(7) the SB1833 Engrossed - 359 - LRB097 07747 KTG 47859 b provision of patient counseling;
(7) the SB1833 Enrolled - 359 - LRB097 07747 KTG 47859 b provision of patient counseling;
The prescription may, but is not required to, list the illness, disease, or condition for which the drug or device is being SB1833 Engrossed - 360 - LRB097 07747 KTG 47859 b prescribed.
The prescription may, but is not required to, list the illness, disease, or condition for which the drug or device is being SB1833 Enrolled - 360 - LRB097 07747 KTG 47859 b prescribed.
SB1833 Engrossed - 361 - LRB097 07747 KTG 47859 b (k-5) "Pharmacist" means an individual health care professional and provider currently licensed by this State to engage in the practice of pharmacy.
SB1833 Enrolled - 361 - LRB097 07747 KTG 47859 b (k-5) "Pharmacist" means an individual health care professional and provider currently licensed by this State to engage in the practice of pharmacy.
(n) "Nonresident pharmacy" means a pharmacy that is located in a state, commonwealth, or territory of the United States, other than Illinois, that delivers, dispenses, or distributes, through the United States Postal Service, commercially acceptable parcel delivery service, or other common carrier, to SB1833 Engrossed - 362 - LRB097 07747 KTG 47859 b Illinois residents, any substance which requires a prescription.
(n) "Nonresident pharmacy" means a pharmacy that is located in a state, commonwealth, or territory of the United States, other than Illinois, that delivers, dispenses, or distributes, through the United States Postal Service, commercially acceptable parcel delivery service, or other common carrier, to SB1833 Enrolled - 362 - LRB097 07747 KTG 47859 b Illinois residents, any substance which requires a prescription.
"Patient counseling" may include without limitation (1) SB1833 Engrossed - 363 - LRB097 07747 KTG 47859 b obtaining a medication history;
"Patient counseling" may include without limitation (1) SB1833 Enrolled - 363 - LRB097 07747 KTG 47859 b obtaining a medication history;
(v) "Unique identifier" means an electronic signature, SB1833 Engrossed - 364 - LRB097 07747 KTG 47859 b handwritten signature or initials, thumb print, or other acceptable biometric or electronic identification process as approved by the Department.
(v) "Unique identifier" means an electronic signature, SB1833 Enrolled - 364 - LRB097 07747 KTG 47859 b handwritten signature or initials, thumb print, or other acceptable biometric or electronic identification process as approved by the Department.
(z) "Electronic transmission prescription" means any prescription order for which a facsimile or electronic image of the order is electronically transmitted from a licensed SB1833 Engrossed - 365 - LRB097 07747 KTG 47859 b prescriber to a pharmacy.
(z) "Electronic transmission prescription" means any prescription order for which a facsimile or electronic image of the order is electronically transmitted from a licensed SB1833 Enrolled - 365 - LRB097 07747 KTG 47859 b prescriber to a pharmacy.
(10) patient laboratory values when authorized and SB1833 Engrossed - 366 - LRB097 07747 KTG 47859 b available;
(10) patient laboratory values when authorized and SB1833 Enrolled - 366 - LRB097 07747 KTG 47859 b available;
and (2) following protocols of a hospital pharmacy and SB1833 Engrossed - 367 - LRB097 07747 KTG 47859 b therapeutics committee with respect to the fulfillment of medication orders.
and (2) following protocols of a hospital pharmacy and SB1833 Enrolled - 367 - LRB097 07747 KTG 47859 b therapeutics committee with respect to the fulfillment of medication orders.
(ee) "Address of record" means the address recorded by the SB1833 Engrossed - 368 - LRB097 07747 KTG 47859 b Department in the applicant's or licensee's application file or license file, as maintained by the Department's licensure maintenance unit.
(ee) "Address of record" means the address recorded by the SB1833 Enrolled - 368 - LRB097 07747 KTG 47859 b Department in the applicant's or licensee's application file or license file, as maintained by the Department's licensure maintenance unit.
(f) "Nurse" means a registered nurse or a licensed SB1833 Engrossed - 369 - LRB097 07747 KTG 47859 b practical nurse as defined in the Nurse Practice Act.
(f) "Nurse" means a registered nurse or a licensed SB1833 Enrolled - 369 - LRB097 07747 KTG 47859 b practical nurse as defined in the Nurse Practice Act.
(a) "Nursing facility" means a facility, licensed by the Department of Public Health under the Nursing Home Care Act, SB1833 Engrossed - 370 - LRB097 07747 KTG 47859 b that provides nursing facility services within the meaning of Title XIX of the federal Social Security Act.
(a) "Nursing facility" means a facility, licensed by the Department of Public Health under the Nursing Home Care Act, SB1833 Enrolled - 370 - LRB097 07747 KTG 47859 b that provides nursing facility services within the meaning of Title XIX of the federal Social Security Act.
(4) SB1833 Engrossed - 371 - LRB097 07747 KTG 47859 b health related supportive and habilitative services and all similar services required by either the laws of the State of Illinois or one of its political subdivisions or municipalities or by Title XIX of the Social Security Act.
(4) SB1833 Enrolled - 371 - LRB097 07747 KTG 47859 b health related supportive and habilitative services and all similar services required by either the laws of the State of Illinois or one of its political subdivisions or municipalities or by Title XIX of the Social Security Act.
(i) "Exceptional medical care" means the level of medical care required by persons who are medically stable for discharge from a hospital but who require acute intensity hospital level SB1833 Engrossed - 372 - LRB097 07747 KTG 47859 b care for physician, nurse and ancillary specialist services, including persons with acquired immunodeficiency syndrome (AIDS) or a related condition.
(i) "Exceptional medical care" means the level of medical care required by persons who are medically stable for discharge from a hospital but who require acute intensity hospital level SB1833 Enrolled - 372 - LRB097 07747 KTG 47859 b care for physician, nurse and ancillary specialist services, including persons with acquired immunodeficiency syndrome (AIDS) or a related condition.
SB1833 Engrossed - 373 - LRB097 07747 KTG 47859 b The amount of the payment rate for all nursing facilities certified by the Department of Public Health under the ID/DD MR/DD Community Care Act or the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities, Long Term Care for Under Age 22 facilities, Skilled Nursing facilities, or Intermediate Care facilities under the medical assistance program shall be prospectively established annually on the basis of historical, financial, and statistical data reflecting actual costs from prior years, which shall be applied to the current rate year and updated for inflation, except that the capital cost element for newly constructed facilities shall be based upon projected budgets.
SB1833 Enrolled - 373 - LRB097 07747 KTG 47859 b The amount of the payment rate for all nursing facilities certified by the Department of Public Health under the ID/DD MR/DD Community Care Act or the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities, Long Term Care for Under Age 22 facilities, Skilled Nursing facilities, or Intermediate Care facilities under the medical assistance program shall be prospectively established annually on the basis of historical, financial, and statistical data reflecting actual costs from prior years, which shall be applied to the current rate year and updated for inflation, except that the capital cost element for newly constructed facilities shall be based upon projected budgets.
For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, SB1833 Engrossed - 374 - LRB097 07747 KTG 47859 b the rates taking effect on July 1, 1998 shall include an increase of 3% plus $1.10 per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, SB1833 Enrolled - 374 - LRB097 07747 KTG 47859 b the rates taking effect on July 1, 1998 shall include an increase of 3% plus $1.10 per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health SB1833 Engrossed - 375 - LRB097 07747 KTG 47859 b under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 2000 shall include an increase of 2.5% per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health SB1833 Enrolled - 375 - LRB097 07747 KTG 47859 b under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 2000 shall include an increase of 2.5% per resident-day, as defined by the Department.
(A) For a facility that would receive a lower nursing SB1833 Engrossed - 376 - LRB097 07747 KTG 47859 b component rate per patient day under the new system than the facility received effective on the date immediately preceding the date that the Department implements the new payment methodology, the nursing component rate per patient day for the facility shall be held at the level in effect on the date immediately preceding the date that the Department implements the new payment methodology until a higher nursing component rate of reimbursement is achieved by that facility.
(A) For a facility that would receive a lower nursing SB1833 Enrolled - 376 - LRB097 07747 KTG 47859 b component rate per patient day under the new system than the facility received effective on the date immediately preceding the date that the Department implements the new payment methodology, the nursing component rate per patient day for the facility shall be held at the level in effect on the date immediately preceding the date that the Department implements the new payment methodology until a higher nursing component rate of reimbursement is achieved by that facility.
SB1833 Engrossed - 377 - LRB097 07747 KTG 47859 b Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, except facilities participating in the Department's demonstration program pursuant to the provisions of Title 77, Part 300, Subpart T of the Illinois Administrative Code, the numerator of the ratio used by the Department of Healthcare and Family Services to compute the rate payable under this Section using the Minimum Data Set (MDS) methodology shall incorporate the following annual amounts as the additional funds appropriated to the Department specifically to pay for rates based on the MDS nursing component methodology in excess of the funding in effect on December 31, 2006:
SB1833 Enrolled - 377 - LRB097 07747 KTG 47859 b Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, except facilities participating in the Department's demonstration program pursuant to the provisions of Title 77, Part 300, Subpart T of the Illinois Administrative Code, the numerator of the ratio used by the Department of Healthcare and Family Services to compute the rate payable under this Section using the Minimum Data Set (MDS) methodology shall incorporate the following annual amounts as the additional funds appropriated to the Department specifically to pay for rates based on the MDS nursing component methodology in excess of the funding in effect on December 31, 2006:
SB1833 Engrossed - 378 - LRB097 07747 KTG 47859 b Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the support component of the rates taking effect on January 1, 2008 shall be computed using the most recent cost reports on file with the Department of Healthcare and Family Services no later than April 1, 2005, updated for inflation to January 1, 2006.
SB1833 Enrolled - 378 - LRB097 07747 KTG 47859 b Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the support component of the rates taking effect on January 1, 2008 shall be computed using the most recent cost reports on file with the Department of Healthcare and Family Services no later than April 1, 2005, updated for inflation to January 1, 2006.
Notwithstanding any other provision of this Section, for SB1833 Engrossed - 379 - LRB097 07747 KTG 47859 b facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the Illinois Department shall determine by rule the rates taking effect on July 1, 2002, which shall be 5.9% less than the rates in effect on June 30, 2002.
Notwithstanding any other provision of this Section, for SB1833 Enrolled - 379 - LRB097 07747 KTG 47859 b facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the Illinois Department shall determine by rule the rates taking effect on July 1, 2002, which shall be 5.9% less than the rates in effect on June 30, 2002.
Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or SB1833 Engrossed - 380 - LRB097 07747 KTG 47859 b intermediate care facilities, effective January 1, 2009, the per diem support component of the rates effective on January 1, 2008, computed using the most recent cost reports on file with the Department of Healthcare and Family Services no later than April 1, 2005, updated for inflation to January 1, 2006, shall be increased to the amount that would have been derived using standard Department of Healthcare and Family Services methods, procedures, and inflators.
Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or SB1833 Enrolled - 380 - LRB097 07747 KTG 47859 b intermediate care facilities, effective January 1, 2009, the per diem support component of the rates effective on January 1, 2008, computed using the most recent cost reports on file with the Department of Healthcare and Family Services no later than April 1, 2005, updated for inflation to January 1, 2006, shall be increased to the amount that would have been derived using standard Department of Healthcare and Family Services methods, procedures, and inflators.
For services provided on or after April 1, 2011, or the first day of the month that begins at least 45 days after the effective date of this amendatory Act of the 96th General Assembly, whichever is later, the Illinois Department may by rule adjust these socio-development component rates, and may SB1833 Engrossed - 381 - LRB097 07747 KTG 47859 b use different adjustment methodologies for those facilities participating, and those not participating, in the Illinois Department's demonstration program pursuant to the provisions of Title 77, Part 300, Subpart T of the Illinois Administrative Code, but in no case may such rates be diminished below those in effect on August 1, 2008.
For services provided on or after April 1, 2011, or the first day of the month that begins at least 45 days after the effective date of this amendatory Act of the 96th General Assembly, whichever is later, the Illinois Department may by rule adjust these socio-development component rates, and may SB1833 Enrolled - 381 - LRB097 07747 KTG 47859 b use different adjustment methodologies for those facilities participating, and those not participating, in the Illinois Department's demonstration program pursuant to the provisions of Title 77, Part 300, Subpart T of the Illinois Administrative Code, but in no case may such rates be diminished below those in effect on August 1, 2008.
Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, effective January 1, 2005, facility rates shall be increased by the difference between (i) a facility's per diem property, liability, and malpractice SB1833 Engrossed - 382 - LRB097 07747 KTG 47859 b insurance costs as reported in the cost report filed with the Department of Public Aid and used to establish rates effective July 1, 2001 and (ii) those same costs as reported in the facility's 2002 cost report.
Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, effective January 1, 2005, facility rates shall be increased by the difference between (i) a facility's per diem property, liability, and malpractice SB1833 Enrolled - 382 - LRB097 07747 KTG 47859 b insurance costs as reported in the cost report filed with the Department of Public Aid and used to establish rates effective July 1, 2001 and (ii) those same costs as reported in the facility's 2002 cost report.
The Department shall not make any alterations of regulations which would reduce any component of the Medicaid rate to a level below what that component would have been utilizing in the rate SB1833 Engrossed - 383 - LRB097 07747 KTG 47859 b effective on July 1, 1984.
The Department shall not make any alterations of regulations which would reduce any component of the Medicaid rate to a level below what that component would have been utilizing in the rate SB1833 Enrolled - 383 - LRB097 07747 KTG 47859 b effective on July 1, 1984.
The Department shall develop enhanced payments to offset the additional costs incurred by a facility serving exceptional need residents and shall allocate at least $8,000,000 of the SB1833 Engrossed - 384 - LRB097 07747 KTG 47859 b funds collected from the assessment established by Section 5B-2 of this Code for such payments.
The Department shall develop enhanced payments to offset the additional costs incurred by a facility serving exceptional need residents and shall allocate at least $8,000,000 of the SB1833 Enrolled - 384 - LRB097 07747 KTG 47859 b funds collected from the assessment established by Section 5B-2 of this Code for such payments.
Nursing homes licensed under the Nursing Home Care Act or SB1833 Engrossed - 385 - LRB097 07747 KTG 47859 b the ID/DD MR/DD Community Care Act and providers of adult developmental training services certified by the Department of Human Services pursuant to Section 15.2 of the Mental Health and Developmental Disabilities Administrative Act which provide services to clients eligible for medical assistance under this Article are responsible for submitting the required annual cost report to the Department of Healthcare and Family Services.
Nursing homes licensed under the Nursing Home Care Act or SB1833 Enrolled - 385 - LRB097 07747 KTG 47859 b the ID/DD MR/DD Community Care Act and providers of adult developmental training services certified by the Department of Human Services pursuant to Section 15.2 of the Mental Health and Developmental Disabilities Administrative Act which provide services to clients eligible for medical assistance under this Article are responsible for submitting the required annual cost report to the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services shall SB1833 Engrossed - 386 - LRB097 07747 KTG 47859 b provide, during the process of establishing the payment rate for nursing facility or ICF/DD services, or when a substantial change in rates is proposed, an opportunity for public review and comment on the proposed rates prior to their becoming effective.
The Department of Healthcare and Family Services shall SB1833 Enrolled - 386 - LRB097 07747 KTG 47859 b provide, during the process of establishing the payment rate for nursing facility or ICF/DD services, or when a substantial change in rates is proposed, an opportunity for public review and comment on the proposed rates prior to their becoming effective.
SB1833 Engrossed - 387 - LRB097 07747 KTG 47859 b (Source:
SB1833 Enrolled - 387 - LRB097 07747 KTG 47859 b (Source:
To the extent permitted under the federal Social Security Act, the amount expended under this Article (1) for a person of any age who is an inpatient in a nursing facility, an intermediate care facility for the intellectually disabled mentally retarded, or other medical institution, or (2) for a person aged 55 or more, shall be a claim against the person's estate or a claim against the estate of the person's spouse, regardless of the order of death, but no recovery may be had thereon until after the death of the surviving spouse, if any, and then only at such time when there is no surviving child who is under age 21, or blind, SB1833 Engrossed - 388 - LRB097 07747 KTG 47859 b or permanently and totally disabled.
To the extent permitted under the federal Social Security Act, the amount expended under this Article (1) for a person of any age who is an inpatient in a nursing facility, an intermediate care facility for the intellectually disabled mentally retarded, or other medical institution, or (2) for a person aged 55 or more, shall be a claim against the person's estate or a claim against the estate of the person's spouse, regardless of the order of death, but no recovery may be had thereon until after the death of the surviving spouse, if any, and then only at such time when there is no surviving child who is under age 21, or blind, SB1833 Enrolled - 388 - LRB097 07747 KTG 47859 b or permanently and totally disabled.
The term "homestead", as used in this SB1833 Engrossed - 389 - LRB097 07747 KTG 47859 b Section, means the dwelling house and contiguous real estate occupied by a surviving spouse or relative, as defined by the rules and regulations of the Illinois Department, regardless of the value of the property.
The term "homestead", as used in this SB1833 Enrolled - 389 - LRB097 07747 KTG 47859 b Section, means the dwelling house and contiguous real estate occupied by a surviving spouse or relative, as defined by the rules and regulations of the Illinois Department, regardless of the value of the property.
12-31-96.) SB1833 Engrossed - 390 - LRB097 07747 KTG 47859 b (305 ILCS 5/5B-1) (from Ch.
12-31-96.) SB1833 Enrolled - 390 - LRB097 07747 KTG 47859 b (305 ILCS 5/5B-1) (from Ch.
"Long-term care provider" means (i) a person licensed by the Department of Public Health to operate and maintain a skilled nursing or intermediate long-term care facility or (ii) a hospital provider that provides skilled or intermediate long-term care services within the meaning of Title XVIII or SB1833 Engrossed - 391 - LRB097 07747 KTG 47859 b XIX of the Social Security Act.
"Long-term care provider" means (i) a person licensed by the Department of Public Health to operate and maintain a skilled nursing or intermediate long-term care facility or (ii) a hospital provider that provides skilled or intermediate long-term care services within the meaning of Title XVIII or SB1833 Enrolled - 391 - LRB097 07747 KTG 47859 b XIX of the Social Security Act.
"Developmentally disabled care facility" means an intermediate care facility for the intellectually disabled mentally retarded within the meaning of Title XIX of the Social Security Act, whether public or private and whether organized SB1833 Engrossed - 392 - LRB097 07747 KTG 47859 b for profit or not-for-profit, but shall not include any facility operated by the State.
"Developmentally disabled care facility" means an intermediate care facility for the intellectually disabled mentally retarded within the meaning of Title XIX of the Social Security Act, whether public or private and whether organized SB1833 Enrolled - 392 - LRB097 07747 KTG 47859 b for profit or not-for-profit, but shall not include any facility operated by the State.
"Nursing home" means (i) a skilled nursing or intermediate SB1833 Engrossed - 393 - LRB097 07747 KTG 47859 b long-term care facility, whether public or private and whether organized for profit or not-for-profit, 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, including a county nursing home directed and maintained under Section 5-1005 of the Counties Code, and (ii) a part of a hospital in which skilled or intermediate long-term care services within the meaning of Title XVIII or XIX of the Social Security Act are provided;
"Nursing home" means (i) a skilled nursing or intermediate SB1833 Enrolled - 393 - LRB097 07747 KTG 47859 b long-term care facility, whether public or private and whether organized for profit or not-for-profit, 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, including a county nursing home directed and maintained under Section 5-1005 of the Counties Code, and (ii) a part of a hospital in which skilled or intermediate long-term care services within the meaning of Title XVIII or XIX of the Social Security Act are provided;
For purposes of this paragraph, "person" means any political subdivision of the State, municipal corporation, individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or trust, or a receiver, executor, trustee, guardian, or other representative appointed by order SB1833 Engrossed - 394 - LRB097 07747 KTG 47859 b of any court.
For purposes of this paragraph, "person" means any political subdivision of the State, municipal corporation, individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or trust, or a receiver, executor, trustee, guardian, or other representative appointed by order SB1833 Enrolled - 394 - LRB097 07747 KTG 47859 b of any court.
(i) As a precondition to admitting or expediting the admission of a recipient or applicant, pursuant to SB1833 Engrossed - 395 - LRB097 07747 KTG 47859 b Article V of The Illinois Public Aid Code, to a long-term care facility as defined in Section 1-113 of the Nursing Home Care Act or a facility as defined in Section 1-113 of the ID/DD MR/DD Community Care Act;
(i) As a precondition to admitting or expediting the admission of a recipient or applicant, pursuant to SB1833 Enrolled - 395 - LRB097 07747 KTG 47859 b Article V of The Illinois Public Aid Code, to a long-term care facility as defined in Section 1-113 of the Nursing Home Care Act or a facility as defined in Section 1-113 of the ID/DD MR/DD Community Care Act;
(f) The State's Attorney of the county in which the facility is located and the Attorney General shall be notified by the Illinois Department of any alleged violations of this SB1833 Engrossed - 396 - LRB097 07747 KTG 47859 b Section known to the Department.
(f) The State's Attorney of the county in which the facility is located and the Attorney General shall be notified by the Illinois Department of any alleged violations of this SB1833 Enrolled - 396 - LRB097 07747 KTG 47859 b Section known to the Department.
SB1833 Engrossed - 397 - LRB097 07747 KTG 47859 b (a) Purpose.
SB1833 Enrolled - 397 - LRB097 07747 KTG 47859 b (a) Purpose.
"Developmentally disabled care provider" means a person SB1833 Engrossed - 398 - LRB097 07747 KTG 47859 b conducting, operating, or maintaining a developmentally disabled care facility.
"Developmentally disabled care provider" means a person SB1833 Enrolled - 398 - LRB097 07747 KTG 47859 b conducting, operating, or maintaining a developmentally disabled care facility.
except that the term "long term care facility" does not include a facility operated solely as an intermediate care facility for the intellectually disabled mentally retarded SB1833 Engrossed - 399 - LRB097 07747 KTG 47859 b within the meaning of Title XIX of the Social Security Act.
except that the term "long term care facility" does not include a facility operated solely as an intermediate care facility for the intellectually disabled mentally retarded SB1833 Enrolled - 399 - LRB097 07747 KTG 47859 b within the meaning of Title XIX of the Social Security Act.
Revenues generated by program changes mandated by any provision in this Section, less reasonable administrative costs associated with the implementation of these program changes, shall be deposited into the Healthcare Provider Relief SB1833 Engrossed - 400 - LRB097 07747 KTG 47859 b Fund.
Revenues generated by program changes mandated by any provision in this Section, less reasonable administrative costs associated with the implementation of these program changes, shall be deposited into the Healthcare Provider Relief SB1833 Enrolled - 400 - LRB097 07747 KTG 47859 b Fund.
The Department shall work with SB1833 Engrossed - 401 - LRB097 07747 KTG 47859 b DCFS to identify existing programs, pending qualifying services, that can be converted in an economically feasible manner to Medicaid in order to secure federal financial revenue.
The Department shall work with SB1833 Enrolled - 401 - LRB097 07747 KTG 47859 b DCFS to identify existing programs, pending qualifying services, that can be converted in an economically feasible manner to Medicaid in order to secure federal financial revenue.
The Department shall, by the 10th day of the month in which the enhanced FMAP originally set forth in the ARRA expires, create SB1833 Engrossed - 402 - LRB097 07747 KTG 47859 b vouchers for all State fiscal year 2011 hospital payments exempt from the prompt payment requirements of the ARRA.
The Department shall, by the 10th day of the month in which the enhanced FMAP originally set forth in the ARRA expires, create SB1833 Enrolled - 402 - LRB097 07747 KTG 47859 b vouchers for all State fiscal year 2011 hospital payments exempt from the prompt payment requirements of the ARRA.
(3) For persons who are medically indigent but otherwise able to provide themselves a livelihood, it is of special importance to maintain their incentives for continued independence and preserve their limited SB1833 Engrossed - 403 - LRB097 07747 KTG 47859 b resources for ordinary maintenance needed to prevent their total or substantial dependence on public support.
(3) For persons who are medically indigent but otherwise able to provide themselves a livelihood, it is of special importance to maintain their incentives for continued independence and preserve their limited SB1833 Enrolled - 403 - LRB097 07747 KTG 47859 b resources for ordinary maintenance needed to prevent their total or substantial dependence on public support.
(7) On September 12, 1991, the Secretary of Health and Human Services proposed regulations that could have SB1833 Engrossed - 404 - LRB097 07747 KTG 47859 b reduced the federal matching of Medicaid expenditures incurred on or after January 1, 1992 by the portion of the expenditures paid from funds raised through the provider participation fees.
(7) On September 12, 1991, the Secretary of Health and Human Services proposed regulations that could have SB1833 Enrolled - 404 - LRB097 07747 KTG 47859 b reduced the federal matching of Medicaid expenditures incurred on or after January 1, 1992 by the portion of the expenditures paid from funds raised through the provider participation fees.
SB1833 Engrossed - 405 - LRB097 07747 KTG 47859 b (11) The provider participation fees imposed under P.A.
SB1833 Enrolled - 405 - LRB097 07747 KTG 47859 b (11) The provider participation fees imposed under P.A.
SB1833 Engrossed - 406 - LRB097 07747 KTG 47859 b (18) Cook County Hospital and Oak Forest Hospital are public hospitals owned and operated by Cook County with unique fiscal problems, including a patient population that is primarily Medicaid or altogether nonpaying, that make an intergovernmental transfer payment arrangement a more appropriate means of financing than the regular hospital assessment and reimbursement provisions.
SB1833 Enrolled - 406 - LRB097 07747 KTG 47859 b (18) Cook County Hospital and Oak Forest Hospital are public hospitals owned and operated by Cook County with unique fiscal problems, including a patient population that is primarily Medicaid or altogether nonpaying, that make an intergovernmental transfer payment arrangement a more appropriate means of financing than the regular hospital assessment and reimbursement provisions.
(21) As the citizens of the State age, increased pressures will be placed on limited facilities to provide reasonable levels of care for a greater number of geriatric residents, and all involved in the nursing home industry, providers and residents, have a special interest in the maintenance of adequate Medicaid support for all nursing SB1833 Engrossed - 407 - LRB097 07747 KTG 47859 b facilities.
(21) As the citizens of the State age, increased pressures will be placed on limited facilities to provide reasonable levels of care for a greater number of geriatric residents, and all involved in the nursing home industry, providers and residents, have a special interest in the maintenance of adequate Medicaid support for all nursing SB1833 Enrolled - 407 - LRB097 07747 KTG 47859 b facilities.
"Application" means the receipt by a nursing home of at SB1833 Engrossed - 408 - LRB097 07747 KTG 47859 b least $1 from an eligible individual that is a resident of the home.
"Application" means the receipt by a nursing home of at SB1833 Enrolled - 408 - LRB097 07747 KTG 47859 b least $1 from an eligible individual that is a resident of the home.
the SB1833 Engrossed - 409 - LRB097 07747 KTG 47859 b receipt of Medicare Part B benefits does not make a person ineligible for nursing home grant assistance.
the SB1833 Enrolled - 409 - LRB097 07747 KTG 47859 b receipt of Medicare Part B benefits does not make a person ineligible for nursing home grant assistance.
(a) "Abuse" means causing any physical, mental or sexual SB1833 Engrossed - 410 - LRB097 07747 KTG 47859 b injury to an eligible adult, including exploitation of such adult's financial resources.
(a) "Abuse" means causing any physical, mental or sexual SB1833 Enrolled - 410 - LRB097 07747 KTG 47859 b injury to an eligible adult, including exploitation of such adult's financial resources.
SB1833 Engrossed - 411 - LRB097 07747 KTG 47859 b (1) A licensed facility as defined in Section 1-113 of the Nursing Home Care Act;
SB1833 Enrolled - 411 - LRB097 07747 KTG 47859 b (1) A licensed facility as defined in Section 1-113 of the Nursing Home Care Act;
SB1833 Engrossed - 412 - LRB097 07747 KTG 47859 b (e) "Eligible adult" means a person 60 years of age or older who resides in a domestic living situation and is, or is alleged to be, abused, neglected, or financially exploited by another individual or who neglects himself or herself.
SB1833 Enrolled - 412 - LRB097 07747 KTG 47859 b (e) "Eligible adult" means a person 60 years of age or older who resides in a domestic living situation and is, or is alleged to be, abused, neglected, or financially exploited by another individual or who neglects himself or herself.
(i) social services, (ii) law enforcement, (iii) education, (iv) the care of an eligible adult or eligible adults, or (v) any of the occupations required to be licensed under the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietetic and Nutrition Services Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Naprapathic Practice Act, the Nurse Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Illinois Physical Therapy Act, the SB1833 Engrossed - 413 - LRB097 07747 KTG 47859 b Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Veterinary Medicine and Surgery Practice Act of 2004, and the Illinois Public Accounting Act;
(i) social services, (ii) law enforcement, (iii) education, (iv) the care of an eligible adult or eligible adults, or (v) any of the occupations required to be licensed under the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietetic and Nutrition Services Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Naprapathic Practice Act, the Nurse Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Illinois Physical Therapy Act, the SB1833 Enrolled - 413 - LRB097 07747 KTG 47859 b Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Veterinary Medicine and Surgery Practice Act of 2004, and the Illinois Public Accounting Act;
(6) personnel of the Department of Human Services, the Guardianship and Advocacy Commission, the State Fire SB1833 Engrossed - 414 - LRB097 07747 KTG 47859 b Marshal, local fire departments, the Department on Aging and its subsidiary Area Agencies on Aging and provider agencies, and the Office of State Long Term Care Ombudsman;
(6) personnel of the Department of Human Services, the Guardianship and Advocacy Commission, the State Fire SB1833 Enrolled - 414 - LRB097 07747 KTG 47859 b Marshal, local fire departments, the Department on Aging and its subsidiary Area Agencies on Aging and provider agencies, and the Office of State Long Term Care Ombudsman;
SB1833 Engrossed - 415 - LRB097 07747 KTG 47859 b (i) "Regional administrative agency" means any public or nonprofit agency in a planning and service area so designated by the Department, provided that the designated Area Agency on Aging shall be designated the regional administrative agency if it so requests.
SB1833 Enrolled - 415 - LRB097 07747 KTG 47859 b (i) "Regional administrative agency" means any public or nonprofit agency in a planning and service area so designated by the Department, provided that the designated Area Agency on Aging shall be designated the regional administrative agency if it so requests.
SB1833 Engrossed - 416 - LRB097 07747 KTG 47859 b 95-876, eff.
SB1833 Enrolled - 416 - LRB097 07747 KTG 47859 b 95-876, eff.
SB1833 Engrossed - 417 - LRB097 07747 KTG 47859 b "Coordinated point of entry" means an integrated access point where consumers receive information and assistance, assessment of needs, care planning, referral, assistance in completing applications, authorization of services where permitted, and follow-up to ensure that referrals and services are accessed.
SB1833 Enrolled - 417 - LRB097 07747 KTG 47859 b "Coordinated point of entry" means an integrated access point where consumers receive information and assistance, assessment of needs, care planning, referral, assistance in completing applications, authorization of services where permitted, and follow-up to ensure that referrals and services are accessed.
"Person-centered" means a process that builds upon an older adult's strengths and capacities to engage in activities that SB1833 Engrossed - 418 - LRB097 07747 KTG 47859 b promote community life and that reflect the older adult's preferences, choices, and abilities, to the extent practicable.
"Person-centered" means a process that builds upon an older adult's strengths and capacities to engage in activities that SB1833 Enrolled - 418 - LRB097 07747 KTG 47859 b promote community life and that reflect the older adult's preferences, choices, and abilities, to the extent practicable.
"Supportive services" means non-medical assistance given SB1833 Engrossed - 419 - LRB097 07747 KTG 47859 b over a period of time to an older adult that is needed to compensate for the older adult's functional or cognitive limitations, or socialization needs, or those services designed to restore, improve, or maintain the older adult's functional or cognitive abilities.
"Supportive services" means non-medical assistance given SB1833 Enrolled - 419 - LRB097 07747 KTG 47859 b over a period of time to an older adult that is needed to compensate for the older adult's functional or cognitive limitations, or socialization needs, or those services designed to restore, improve, or maintain the older adult's functional or cognitive abilities.
80-1414.) SB1833 Engrossed - 420 - LRB097 07747 KTG 47859 b (405 ILCS 5/1-116) (from Ch.
80-1414.) SB1833 Enrolled - 420 - LRB097 07747 KTG 47859 b (405 ILCS 5/1-116) (from Ch.
If such services SB1833 Engrossed - 421 - LRB097 07747 KTG 47859 b are refused, they shall not be given unless such services are necessary to prevent the recipient from causing serious and imminent physical harm to the recipient or others and no less restrictive alternative is available.
If such services SB1833 Enrolled - 421 - LRB097 07747 KTG 47859 b are refused, they shall not be given unless such services are necessary to prevent the recipient from causing serious and imminent physical harm to the recipient or others and no less restrictive alternative is available.
Once the petition has been filed, treatment may SB1833 Engrossed - 422 - LRB097 07747 KTG 47859 b continue in compliance with subsections (a), (b), and (c) of this Section until the final outcome of the hearing on the petition.
Once the petition has been filed, treatment may SB1833 Enrolled - 422 - LRB097 07747 KTG 47859 b continue in compliance with subsections (a), (b), and (c) of this Section until the final outcome of the hearing on the petition.
(h) Whenever psychotropic medication or electroconvulsive SB1833 Engrossed - 423 - LRB097 07747 KTG 47859 b therapy is refused pursuant to subsection (a) of this Section at least once that day, the physician shall determine and state in writing the reasons why the recipient did not meet the criteria for administration of medication or electroconvulsive therapy under subsection (a) and whether the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy under Section 2-107.1 of this Code.
(h) Whenever psychotropic medication or electroconvulsive SB1833 Enrolled - 423 - LRB097 07747 KTG 47859 b therapy is refused pursuant to subsection (a) of this Section at least once that day, the physician shall determine and state in writing the reasons why the recipient did not meet the criteria for administration of medication or electroconvulsive therapy under subsection (a) and whether the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy under Section 2-107.1 of this Code.
3-200) SB1833 Engrossed - 424 - LRB097 07747 KTG 47859 b Sec.
3-200) SB1833 Enrolled - 424 - LRB097 07747 KTG 47859 b Sec.
In all such cases the Department mental health facility director shall certify in writing within 30 days of the completion of the evaluation and every 30 days thereafter, that the person has been appropriately evaluated, that services specified in SB1833 Engrossed - 425 - LRB097 07747 KTG 47859 b the treatment and habilitation plan are being provided, that the setting in which services are being provided is appropriate to the person's needs, and that provision of such services fully complies with all applicable federal statutes and regulations concerning the provision of services to persons with a developmental disability.
In all such cases the Department mental health facility director shall certify in writing within 30 days of the completion of the evaluation and every 30 days thereafter, that the person has been appropriately evaluated, that services specified in SB1833 Enrolled - 425 - LRB097 07747 KTG 47859 b the treatment and habilitation plan are being provided, that the setting in which services are being provided is appropriate to the person's needs, and that provision of such services fully complies with all applicable federal statutes and regulations concerning the provision of services to persons with a developmental disability.
The evaluation shall be consistent with Section 4-300 of SB1833 Engrossed - 426 - LRB097 07747 KTG 47859 b Article III in this Chapter, and shall include:
The evaluation shall be consistent with Section 4-300 of SB1833 Enrolled - 426 - LRB097 07747 KTG 47859 b Article III in this Chapter, and shall include:
(d) The Secretary of the Department shall designate a qualified intellectual disabilities mental retardation SB1833 Engrossed - 427 - LRB097 07747 KTG 47859 b professional in each of its mental health facilities who has responsibility for insuring compliance with the provisions of Sections 4-201 and 4-201.1.
(d) The Secretary of the Department shall designate a qualified intellectual disabilities mental retardation SB1833 Enrolled - 427 - LRB097 07747 KTG 47859 b professional in each of its mental health facilities who has responsibility for insuring compliance with the provisions of Sections 4-201 and 4-201.1.
(b) The mental health facility director shall give written notice to each person evaluated as being mildly or moderately intellectually disabled mentally retarded, the person's attorney and guardian, if any, or in the case of a minor, to his or her attorney, to the parent, guardian or person in loco parentis and to the minor if 12 years of age or older, of the SB1833 Engrossed - 428 - LRB097 07747 KTG 47859 b person's right to request a review of the facility director's initial or subsequent determination that such person is appropriately placed or is receiving appropriate services.
(b) The mental health facility director shall give written notice to each person evaluated as being mildly or moderately intellectually disabled mentally retarded, the person's attorney and guardian, if any, or in the case of a minor, to his or her attorney, to the parent, guardian or person in loco parentis and to the minor if 12 years of age or older, of the SB1833 Enrolled - 428 - LRB097 07747 KTG 47859 b person's right to request a review of the facility director's initial or subsequent determination that such person is appropriately placed or is receiving appropriate services.
(a) Every developmental disabilities facility shall maintain adequate records which shall include the Section of this Act under which the client was admitted, any subsequent change in the client's status, and requisite documentation for SB1833 Engrossed - 429 - LRB097 07747 KTG 47859 b such admission and status.
(a) Every developmental disabilities facility shall maintain adequate records which shall include the Section of this Act under which the client was admitted, any subsequent change in the client's status, and requisite documentation for SB1833 Enrolled - 429 - LRB097 07747 KTG 47859 b such admission and status.
The Secretary of the Department shall furnish a copy of each monthly report upon request to the Guardianship and Advocacy Commission and the agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending certain Acts therein named", approved September 20, 1985, and under Section 1 of "An SB1833 Engrossed - 430 - LRB097 07747 KTG 47859 b Act for the protection and advocacy of mentally ill persons", approved September 20, 1987.
The Secretary of the Department shall furnish a copy of each monthly report upon request to the Guardianship and Advocacy Commission and the agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending certain Acts therein named", approved September 20, 1985, and under Section 1 of "An SB1833 Enrolled - 430 - LRB097 07747 KTG 47859 b Act for the protection and advocacy of mentally ill persons", approved September 20, 1987.
It SB1833 Engrossed - 431 - LRB097 07747 KTG 47859 b may administer oaths and compel by subpoena testimony and the production of records.
It SB1833 Enrolled - 431 - LRB097 07747 KTG 47859 b may administer oaths and compel by subpoena testimony and the production of records.
The decision of the facility director, or the decision of the Secretary (or his or her designee) if review was requested, SB1833 Engrossed - 432 - LRB097 07747 KTG 47859 b shall be considered a final administrative decision.
The decision of the facility director, or the decision of the Secretary (or his or her designee) if review was requested, SB1833 Enrolled - 432 - LRB097 07747 KTG 47859 b shall be considered a final administrative decision.
JUDICIAL ADMISSION FOR THE INTELLECTUALLY DISABLED MENTALLY RETARDED SB1833 Engrossed - 433 - LRB097 07747 KTG 47859 b (405 ILCS 5/4-500) (from Ch.
JUDICIAL ADMISSION FOR THE INTELLECTUALLY DISABLED MENTALLY RETARDED SB1833 Enrolled - 433 - LRB097 07747 KTG 47859 b (405 ILCS 5/4-500) (from Ch.
When a facility director discharges or changes the status of such client, he shall promptly notify the clerk of the court who SB1833 Engrossed - 434 - LRB097 07747 KTG 47859 b shall note the action in the court record.
When a facility director discharges or changes the status of such client, he shall promptly notify the clerk of the court who SB1833 Enrolled - 434 - LRB097 07747 KTG 47859 b shall note the action in the court record.
(a) Hold a meeting prior to July 1 of each year at SB1833 Engrossed - 435 - LRB097 07747 KTG 47859 b which officers shall be elected for the ensuing year beginning July 1;
(a) Hold a meeting prior to July 1 of each year at SB1833 Enrolled - 435 - LRB097 07747 KTG 47859 b which officers shall be elected for the ensuing year beginning July 1;
SB1833 Engrossed - 436 - LRB097 07747 KTG 47859 b (h) Publish the annual budget and report within 120 days after the end of the fiscal year in a newspaper distributed within the jurisdiction of the board, or, if no newspaper is published within the jurisdiction of the board, then one published in the county, or, if no newspaper is published in the county, then in a newspaper having general circulation within the jurisdiction of the board.
SB1833 Enrolled - 436 - LRB097 07747 KTG 47859 b (h) Publish the annual budget and report within 120 days after the end of the fiscal year in a newspaper distributed within the jurisdiction of the board, or, if no newspaper is published within the jurisdiction of the board, then one published in the county, or, if no newspaper is published in the county, then in a newspaper having general circulation within the jurisdiction of the board.
The Board is authorized to join and to participate in the activities of associations organized for the purpose of promoting more efficient and effective services and SB1833 Engrossed - 437 - LRB097 07747 KTG 47859 b programs;
The Board is authorized to join and to participate in the activities of associations organized for the purpose of promoting more efficient and effective services and SB1833 Enrolled - 437 - LRB097 07747 KTG 47859 b programs;
The Department of Human Services shall supply any community mental health board such information about purchase-of-care funds, State facility utilization, and costs in its geographical area as the board may request provided that the information requested is for the purpose of the Community Mental Health SB1833 Engrossed - 438 - LRB097 07747 KTG 47859 b Board complying with the requirements of Section 3f, subsection (f) of this Act;
The Department of Human Services shall supply any community mental health board such information about purchase-of-care funds, State facility utilization, and costs in its geographical area as the board may request provided that the information requested is for the purpose of the Community Mental Health SB1833 Enrolled - 438 - LRB097 07747 KTG 47859 b Board complying with the requirements of Section 3f, subsection (f) of this Act;
(d) The board may enter into multiple-year joint agreements, which shall be written, with other mental health boards and boards of health to provide jointly agreed upon community mental health facilities and SB1833 Engrossed - 439 - LRB097 07747 KTG 47859 b services and to pool such funds as may be deemed necessary and available for this purpose.
(d) The board may enter into multiple-year joint agreements, which shall be written, with other mental health boards and boards of health to provide jointly agreed upon community mental health facilities and SB1833 Enrolled - 439 - LRB097 07747 KTG 47859 b services and to pool such funds as may be deemed necessary and available for this purpose.
In the event SB1833 Engrossed - 440 - LRB097 07747 KTG 47859 b any such coordinating body purchases or improves real property, such body shall first obtain the approval of the governing bodies of the governmental units in which the coordinating body is located.
In the event SB1833 Enrolled - 440 - LRB097 07747 KTG 47859 b any such coordinating body purchases or improves real property, such body shall first obtain the approval of the governing bodies of the governmental units in which the coordinating body is located.
(m) The board may sell, rent, or lease real property SB1833 Engrossed - 441 - LRB097 07747 KTG 47859 b for purposes consistent with this Act.
(m) The board may sell, rent, or lease real property SB1833 Enrolled - 441 - LRB097 07747 KTG 47859 b for purposes consistent with this Act.
602.03) SB1833 Engrossed - 442 - LRB097 07747 KTG 47859 b Sec.
602.03) SB1833 Enrolled - 442 - LRB097 07747 KTG 47859 b Sec.
The agency designated by the Governor shall be independent of any agency which provides treatment, services, guardianship, or habilitation to persons SB1833 Engrossed - 443 - LRB097 07747 KTG 47859 b with developmental disabilities, and such agency shall not be administered by the Governor's Planning Council on Developmental Disabilities or any successor State Planning Council organized pursuant to federal law.
The agency designated by the Governor shall be independent of any agency which provides treatment, services, guardianship, or habilitation to persons SB1833 Enrolled - 443 - LRB097 07747 KTG 47859 b with developmental disabilities, and such agency shall not be administered by the Governor's Planning Council on Developmental Disabilities or any successor State Planning Council organized pursuant to federal law.
The agency also shall have access, for the purpose of SB1833 Engrossed - 444 - LRB097 07747 KTG 47859 b inspection and copying, to the records of a person with developmental disabilities who resides in any such facility if (1) a complaint is received by the agency from or on behalf of the person with a developmental disability, and (2) such person does not have a legal guardian or the State or the designee of the State is the legal guardian of such person.
The agency also shall have access, for the purpose of SB1833 Enrolled - 444 - LRB097 07747 KTG 47859 b inspection and copying, to the records of a person with developmental disabilities who resides in any such facility if (1) a complaint is received by the agency from or on behalf of the person with a developmental disability, and (2) such person does not have a legal guardian or the State or the designee of the State is the legal guardian of such person.
Any person who in good faith complains to the designated agency on behalf of a person with developmental disabilities, or provides information or participates in the investigation of any such complaint shall have immunity from any liability, civil, criminal or otherwise, and shall not be subject to any penalties, sanctions, restrictions or retaliation as a consequence of making such complaint, providing such SB1833 Engrossed - 445 - LRB097 07747 KTG 47859 b information or participating in such investigation.
Any person who in good faith complains to the designated agency on behalf of a person with developmental disabilities, or provides information or participates in the investigation of any such complaint shall have immunity from any liability, civil, criminal or otherwise, and shall not be subject to any penalties, sanctions, restrictions or retaliation as a consequence of making such complaint, providing such SB1833 Enrolled - 445 - LRB097 07747 KTG 47859 b information or participating in such investigation.
SB1833 Engrossed - 446 - LRB097 07747 KTG 47859 b (B) is manifested before the person attains age 22;
SB1833 Enrolled - 446 - LRB097 07747 KTG 47859 b (B) is manifested before the person attains age 22;
In case of conflict with provisions of SB1833 Engrossed - 447 - LRB097 07747 KTG 47859 b the Abused and Neglected Child Reporting Act or the Nursing Home Care Act, the provisions of those Acts shall apply.
In case of conflict with provisions of SB1833 Enrolled - 447 - LRB097 07747 KTG 47859 b the Abused and Neglected Child Reporting Act or the Nursing Home Care Act, the provisions of those Acts shall apply.
At least one-half the members of the board shall be individuals who have received or are receiving mental health services or who SB1833 Engrossed - 448 - LRB097 07747 KTG 47859 b are family members of such individuals.
At least one-half the members of the board shall be individuals who have received or are receiving mental health services or who SB1833 Enrolled - 448 - LRB097 07747 KTG 47859 b are family members of such individuals.
(C) The agency shall have access to all records of mentally ill persons who are receiving care or treatment from a facility, subject to the limitations of this Act, the Mental SB1833 Engrossed - 449 - LRB097 07747 KTG 47859 b Health and Developmental Disabilities Confidentiality Act, the Nursing Home Care Act and the Child Care Act of 1969, as now or hereafter amended.
(C) The agency shall have access to all records of mentally ill persons who are receiving care or treatment from a facility, subject to the limitations of this Act, the Mental SB1833 Enrolled - 449 - LRB097 07747 KTG 47859 b Health and Developmental Disabilities Confidentiality Act, the Nursing Home Care Act and the Child Care Act of 1969, as now or hereafter amended.
No record or the contents of the record shall be redisclosed by the agency unless the person who is mentally ill and the State guardian are provided 7 days advance written notice, except in emergency situations, of the agency's intent to redisclose such SB1833 Engrossed - 450 - LRB097 07747 KTG 47859 b record.
No record or the contents of the record shall be redisclosed by the agency unless the person who is mentally ill and the State guardian are provided 7 days advance written notice, except in emergency situations, of the agency's intent to redisclose such SB1833 Enrolled - 450 - LRB097 07747 KTG 47859 b record.
If, in pursuing administrative remedies, the SB1833 Engrossed - 451 - LRB097 07747 KTG 47859 b system, State agency or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, State agency or organization may pursue alternative remedies, including the initiation of appropriate legal action.
If, in pursuing administrative remedies, the SB1833 Enrolled - 451 - LRB097 07747 KTG 47859 b system, State agency or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, State agency or organization may pursue alternative remedies, including the initiation of appropriate legal action.
SB1833 Engrossed - 452 - LRB097 07747 KTG 47859 b (4) training and assistance in self-care;
SB1833 Enrolled - 452 - LRB097 07747 KTG 47859 b (4) training and assistance in self-care;
or that a mentally disabled adult is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the mentally disabled adult who do not provide home-based services to the mentally SB1833 Engrossed - 453 - LRB097 07747 KTG 47859 b disabled adult.
or that a mentally disabled adult is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the ID/DD MR/DD Community Care Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the mentally disabled adult who do not provide home-based services to the mentally SB1833 Enrolled - 453 - LRB097 07747 KTG 47859 b disabled adult.
A determination of severe autism shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or SB1833 Engrossed - 454 - LRB097 07747 KTG 47859 b psychiatrist.
A determination of severe autism shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or SB1833 Enrolled - 454 - LRB097 07747 KTG 47859 b psychiatrist.
A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist, and shall SB1833 Engrossed - 455 - LRB097 07747 KTG 47859 b not be based solely on behaviors relating to environmental, cultural or economic differences.
A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist, and shall SB1833 Enrolled - 455 - LRB097 07747 KTG 47859 b not be based solely on behaviors relating to environmental, cultural or economic differences.
SB1833 Engrossed - 456 - LRB097 07747 KTG 47859 b (1) The evaluation determines the presence of a developmental disability which is expected to continue indefinitely, constitutes a substantial handicap and is attributable to any of the following:
SB1833 Enrolled - 456 - LRB097 07747 KTG 47859 b (1) The evaluation determines the presence of a developmental disability which is expected to continue indefinitely, constitutes a substantial handicap and is attributable to any of the following:
SB1833 Engrossed - 457 - LRB097 07747 KTG 47859 b (i) Neurological, psychological or physical involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia, (ii) Severe organ systems involvement such as congenital heart defect, (iii) Physical abnormalities resulting in the individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or (iv) The need for regular medical or nursing supervision such as gastrostomy care and feeding.
SB1833 Enrolled - 457 - LRB097 07747 KTG 47859 b (i) Neurological, psychological or physical involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia, (ii) Severe organ systems involvement such as congenital heart defect, (iii) Physical abnormalities resulting in the individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or (iv) The need for regular medical or nursing supervision such as gastrostomy care and feeding.
Sensory functioning must be based on clinical medical SB1833 Engrossed - 458 - LRB097 07747 KTG 47859 b assessment by a physician licensed to practice medicine in all its branches using the appropriate instruments, techniques and standards of measurement required by the professional.
Sensory functioning must be based on clinical medical SB1833 Enrolled - 458 - LRB097 07747 KTG 47859 b assessment by a physician licensed to practice medicine in all its branches using the appropriate instruments, techniques and standards of measurement required by the professional.
(B) Affective behavior, which involves over and SB1833 Engrossed - 459 - LRB097 07747 KTG 47859 b under responding to stimuli in the environment and may be observed in mood, attention to awareness, or in behaviors such as euphoria, anger or sadness that seriously limit integration into society.
(B) Affective behavior, which involves over and SB1833 Enrolled - 459 - LRB097 07747 KTG 47859 b under responding to stimuli in the environment and may be observed in mood, attention to awareness, or in behaviors such as euphoria, anger or sadness that seriously limit integration into society.
Regardless of the discipline of the examiner, ancillary SB1833 Engrossed - 460 - LRB097 07747 KTG 47859 b evaluation of hearing impairment must be made by an otolaryngologist or an audiologist with a certificate of clinical competency.
Regardless of the discipline of the examiner, ancillary SB1833 Enrolled - 460 - LRB097 07747 KTG 47859 b evaluation of hearing impairment must be made by an otolaryngologist or an audiologist with a certificate of clinical competency.
(a) A statement that the mentally disabled adult resides in the State of Illinois and is over the age of 18 SB1833 Engrossed - 461 - LRB097 07747 KTG 47859 b years.
(a) A statement that the mentally disabled adult resides in the State of Illinois and is over the age of 18 SB1833 Enrolled - 461 - LRB097 07747 KTG 47859 b years.
SB1833 Engrossed - 462 - LRB097 07747 KTG 47859 b (a) If a person receiving special educational services under Article 14 of the School Code at a school in this State has severe autism, severe mental illness, a severe or profound intellectual disability mental retardation, or severe and multiple impairments and is not over 18 years of age but is otherwise eligible to participate in the Program, the person shall be determined eligible to participate in the Program, subject to the availability of funds appropriated for this purpose, when he or she becomes an adult and no longer receives special educational services.
SB1833 Enrolled - 462 - LRB097 07747 KTG 47859 b (a) If a person receiving special educational services under Article 14 of the School Code at a school in this State has severe autism, severe mental illness, a severe or profound intellectual disability mental retardation, or severe and multiple impairments and is not over 18 years of age but is otherwise eligible to participate in the Program, the person shall be determined eligible to participate in the Program, subject to the availability of funds appropriated for this purpose, when he or she becomes an adult and no longer receives special educational services.
SB1833 Engrossed - 463 - LRB097 07747 KTG 47859 b (d) "Family" or "families" means a family member or members and his, her or their parents or legal guardians.
SB1833 Enrolled - 463 - LRB097 07747 KTG 47859 b (d) "Family" or "families" means a family member or members and his, her or their parents or legal guardians.
(2) Severe disturbances in reciprocal social SB1833 Engrossed - 464 - LRB097 07747 KTG 47859 b interactions;
(2) Severe disturbances in reciprocal social SB1833 Enrolled - 464 - LRB097 07747 KTG 47859 b interactions;
A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation SB1833 Engrossed - 465 - LRB097 07747 KTG 47859 b by a licensed clinical psychologist or a psychiatrist.
A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation SB1833 Enrolled - 465 - LRB097 07747 KTG 47859 b by a licensed clinical psychologist or a psychiatrist.
(1) The evaluation determines the presence of a SB1833 Engrossed - 466 - LRB097 07747 KTG 47859 b developmental disability which is expected to continue indefinitely, constitutes a substantial handicap and is attributable to any of the following:
(1) The evaluation determines the presence of a SB1833 Enrolled - 466 - LRB097 07747 KTG 47859 b developmental disability which is expected to continue indefinitely, constitutes a substantial handicap and is attributable to any of the following:
(i) Neurological, psychological or physical SB1833 Engrossed - 467 - LRB097 07747 KTG 47859 b involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia, (ii) Severe organ systems involvement such as congenital heart defect, (iii) Physical abnormalities resulting in the individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or (iv) The need for regular medical or nursing supervision such as gastrostomy care and feeding.
(i) Neurological, psychological or physical SB1833 Enrolled - 467 - LRB097 07747 KTG 47859 b involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia, (ii) Severe organ systems involvement such as congenital heart defect, (iii) Physical abnormalities resulting in the individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or (iv) The need for regular medical or nursing supervision such as gastrostomy care and feeding.
Sensory functioning must be based on clinical medical assessment using the appropriate instruments, techniques and standards of measurement required by SB1833 Engrossed - 468 - LRB097 07747 KTG 47859 b the professional.
Sensory functioning must be based on clinical medical assessment using the appropriate instruments, techniques and standards of measurement required by SB1833 Enrolled - 468 - LRB097 07747 KTG 47859 b the professional.
Affective SB1833 Engrossed - 469 - LRB097 07747 KTG 47859 b behavior must be based on clinical medical and psychiatric assessment using the appropriate instruments, techniques and standards of measurement required by the professional.
Affective SB1833 Enrolled - 469 - LRB097 07747 KTG 47859 b behavior must be based on clinical medical and psychiatric assessment using the appropriate instruments, techniques and standards of measurement required by the professional.
The only exception to the above is in the case of a person SB1833 Engrossed - 470 - LRB097 07747 KTG 47859 b with cerebral palsy or epilepsy who, according to the eligibility criteria listed below, has multiple impairments which are only physical and sensory.
The only exception to the above is in the case of a person SB1833 Enrolled - 470 - LRB097 07747 KTG 47859 b with cerebral palsy or epilepsy who, according to the eligibility criteria listed below, has multiple impairments which are only physical and sensory.
Verification of the family SB1833 Engrossed - 471 - LRB097 07747 KTG 47859 b member's condition shall be:
Verification of the family SB1833 Enrolled - 471 - LRB097 07747 KTG 47859 b member's condition shall be:
As the mental health and developmental disabilities or intellectual disabilities mental retardation authority for the State of Illinois, the Department of Human Services shall have the authority to license, certify and prescribe standards governing the programs and services provided under this Act, as well as all other agencies or programs which provide home-based or community-based services to the mentally disabled, except those services, programs or agencies established under or otherwise subject to the Child Care Act of 1969 or the ID/DD MR/DD Community Care Act, as now or hereafter amended, and this Act shall not be construed to SB1833 Engrossed - 472 - LRB097 07747 KTG 47859 b limit the application of those Acts.
As the mental health and developmental disabilities or intellectual disabilities mental retardation authority for the State of Illinois, the Department of Human Services shall have the authority to license, certify and prescribe standards governing the programs and services provided under this Act, as well as all other agencies or programs which provide home-based or community-based services to the mentally disabled, except those services, programs or agencies established under or otherwise subject to the Child Care Act of 1969 or the ID/DD MR/DD Community Care Act, as now or hereafter amended, and this Act shall not be construed to SB1833 Enrolled - 472 - LRB097 07747 KTG 47859 b limit the application of those Acts.
(a) The purpose of this Article is to promote greater compatibility among individuals with developmental disabilities who live together by allowing individuals with developmental disabilities who meet either the emergency or critical need criteria of the Department of Human Services as defined under the Department's developmental disabilities SB1833 Engrossed - 473 - LRB097 07747 KTG 47859 b cross-disability database (as required by Section 10-26 of the Department of Human Services Act), and who also meet the Department's developmental disabilities priority population criteria for residential services as defined in the Department's developmental disabilities Community Services Agreement and whose parents are over the age of 60, to choose to live together in a community-based residential program.
(a) The purpose of this Article is to promote greater compatibility among individuals with developmental disabilities who live together by allowing individuals with developmental disabilities who meet either the emergency or critical need criteria of the Department of Human Services as defined under the Department's developmental disabilities SB1833 Enrolled - 473 - LRB097 07747 KTG 47859 b cross-disability database (as required by Section 10-26 of the Department of Human Services Act), and who also meet the Department's developmental disabilities priority population criteria for residential services as defined in the Department's developmental disabilities Community Services Agreement and whose parents are over the age of 60, to choose to live together in a community-based residential program.
SB1833 Engrossed - 474 - LRB097 07747 KTG 47859 b (Source:
SB1833 Enrolled - 474 - LRB097 07747 KTG 47859 b (Source:
This educational program shall include information about the SB1833 Engrossed - 475 - LRB097 07747 KTG 47859 b nature of the diseases and examinations for the detection of the diseases in early infancy in order that measures may be taken to prevent the intellectual disabilities mental retardation resulting from the diseases.
This educational program shall include information about the SB1833 Enrolled - 475 - LRB097 07747 KTG 47859 b nature of the diseases and examinations for the detection of the diseases in early infancy in order that measures may be taken to prevent the intellectual disabilities mental retardation resulting from the diseases.
The testing SB1833 Engrossed - 476 - LRB097 07747 KTG 47859 b shall begin within 6 months following the occurrence of all of the following:
The testing SB1833 Enrolled - 476 - LRB097 07747 KTG 47859 b shall begin within 6 months following the occurrence of all of the following:
(c) Supply the necessary metabolic treatment formulas where practicable for diagnosed cases of amino acid metabolism SB1833 Engrossed - 477 - LRB097 07747 KTG 47859 b disorders, including phenylketonuria, organic acid disorders, and fatty acid oxidation disorders for as long as medically indicated, when the product is not available through other State agencies.
(c) Supply the necessary metabolic treatment formulas where practicable for diagnosed cases of amino acid metabolism SB1833 Enrolled - 477 - LRB097 07747 KTG 47859 b disorders, including phenylketonuria, organic acid disorders, and fatty acid oxidation disorders for as long as medically indicated, when the product is not available through other State agencies.
SB1833 Engrossed - 478 - LRB097 07747 KTG 47859 b (Source:
SB1833 Enrolled - 478 - LRB097 07747 KTG 47859 b (Source:
f "developmental disability" means an intellectual disability mental retardation, cerebral palsy, epilepsy, or SB1833 Engrossed - 479 - LRB097 07747 KTG 47859 b other neurological handicapping conditions of an individual found to be closely related to an intellectual disability mental retardation or to require treatment similar to that required by intellectually disabled mentally retarded individuals, and the disability originates before such individual attains age 18, and has continued, or can be expected to continue indefinitely, and constitutes a substantial handicap of such individuals;
f "developmental disability" means an intellectual disability mental retardation, cerebral palsy, epilepsy, or SB1833 Enrolled - 479 - LRB097 07747 KTG 47859 b other neurological handicapping conditions of an individual found to be closely related to an intellectual disability mental retardation or to require treatment similar to that required by intellectually disabled mentally retarded individuals, and the disability originates before such individual attains age 18, and has continued, or can be expected to continue indefinitely, and constitutes a substantial handicap of such individuals;
Most of these diseases attack young children, and if they have not been immunized, may spread to other susceptible SB1833 Engrossed - 480 - LRB097 07747 KTG 47859 b children and possibly, adults, thus, posing serious threats to the health of the community.
Most of these diseases attack young children, and if they have not been immunized, may spread to other susceptible SB1833 Enrolled - 480 - LRB097 07747 KTG 47859 b children and possibly, adults, thus, posing serious threats to the health of the community.
SB1833 Engrossed - 481 - LRB097 07747 KTG 47859 b (1) Arthritis is the most common, physically disabling crippling, and costly chronic disease in the United States;
SB1833 Enrolled - 481 - LRB097 07747 KTG 47859 b (1) Arthritis is the most common, physically disabling crippling, and costly chronic disease in the United States;
(6) Programs and services presently are available that can dramatically impact on early diagnosis and treatment as SB1833 Engrossed - 482 - LRB097 07747 KTG 47859 b well as the quality of life of people with arthritis.
(6) Programs and services presently are available that can dramatically impact on early diagnosis and treatment as SB1833 Enrolled - 482 - LRB097 07747 KTG 47859 b well as the quality of life of people with arthritis.
(b) "Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type which complies SB1833 Engrossed - 483 - LRB097 07747 KTG 47859 b with all the requirements of the rules and regulations of the Illinois State Fire Marshal.
(b) "Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type which complies SB1833 Enrolled - 483 - LRB097 07747 KTG 47859 b with all the requirements of the rules and regulations of the Illinois State Fire Marshal.
(i) He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files SB1833 Engrossed - 484 - LRB097 07747 KTG 47859 b an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
(i) He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files SB1833 Enrolled - 484 - LRB097 07747 KTG 47859 b an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
SB1833 Engrossed - 485 - LRB097 07747 KTG 47859 b (x) He or she has not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;
SB1833 Enrolled - 485 - LRB097 07747 KTG 47859 b (x) He or she has not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;
(4) a foreign law enforcement officer of a SB1833 Engrossed - 486 - LRB097 07747 KTG 47859 b friendly foreign government entering the United States on official business;
(4) a foreign law enforcement officer of a SB1833 Enrolled - 486 - LRB097 07747 KTG 47859 b friendly foreign government entering the United States on official business;
No mental health care or treatment records may be SB1833 Engrossed - 487 - LRB097 07747 KTG 47859 b requested.
No mental health care or treatment records may be SB1833 Enrolled - 487 - LRB097 07747 KTG 47859 b requested.
6-1-08.) SB1833 Engrossed - 488 - LRB097 07747 KTG 47859 b (430 ILCS 65/8) (from Ch.
6-1-08.) SB1833 Enrolled - 488 - LRB097 07747 KTG 47859 b (430 ILCS 65/8) (from Ch.
For the purposes of this Section, "mental condition" means SB1833 Engrossed - 489 - LRB097 07747 KTG 47859 b a state of mind manifested by violent, suicidal, threatening or assaultive behavior.
For the purposes of this Section, "mental condition" means SB1833 Enrolled - 489 - LRB097 07747 KTG 47859 b a state of mind manifested by violent, suicidal, threatening or assaultive behavior.
(3) an official of a foreign government or distinguished foreign visitor who has been so designated by SB1833 Engrossed - 490 - LRB097 07747 KTG 47859 b the Department of State;
(3) an official of a foreign government or distinguished foreign visitor who has been so designated by SB1833 Enrolled - 490 - LRB097 07747 KTG 47859 b the Department of State;
or (p) An adult who had been adjudicated a delinquent minor SB1833 Engrossed - 491 - LRB097 07747 KTG 47859 b under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.
or (p) An adult who had been adjudicated a delinquent minor SB1833 Enrolled - 491 - LRB097 07747 KTG 47859 b under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.
In any proceeding in which the defendant is charged with committing a violation of Section 10-2, 10-5, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 of this Code against a victim who is alleged to be a severely or profoundly intellectually disabled mentally retarded person, any findings concerning the victim's status as a severely or profoundly intellectually disabled mentally retarded person, made by a court after a judicial admission hearing concerning the victim under Articles V and VI of Chapter 4 of the Mental Health and SB1833 Engrossed - 492 - LRB097 07747 KTG 47859 b Developmental Disabilities Code shall be admissible.
In any proceeding in which the defendant is charged with committing a violation of Section 10-2, 10-5, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 of this Code against a victim who is alleged to be a severely or profoundly intellectually disabled mentally retarded person, any findings concerning the victim's status as a severely or profoundly intellectually disabled mentally retarded person, made by a court after a judicial admission hearing concerning the victim under Articles V and VI of Chapter 4 of the Mental Health and SB1833 Enrolled - 492 - LRB097 07747 KTG 47859 b Developmental Disabilities Code shall be admissible.
SB1833 Engrossed - 493 - LRB097 07747 KTG 47859 b (a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
SB1833 Enrolled - 493 - LRB097 07747 KTG 47859 b (a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
Aggravated kidnaping in violation of SB1833 Engrossed - 494 - LRB097 07747 KTG 47859 b paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony.
Aggravated kidnaping in violation of SB1833 Enrolled - 494 - LRB097 07747 KTG 47859 b paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony.
(2) "Detains" means taking or retaining physical custody of a child, whether or not the child resists or SB1833 Engrossed - 495 - LRB097 07747 KTG 47859 b objects.
(2) "Detains" means taking or retaining physical custody of a child, whether or not the child resists or SB1833 Enrolled - 495 - LRB097 07747 KTG 47859 b objects.
(3) Intentionally conceals, detains, or removes the child without the consent of the mother or lawful custodian SB1833 Engrossed - 496 - LRB097 07747 KTG 47859 b of the child if the person is a putative father and either:
(3) Intentionally conceals, detains, or removes the child without the consent of the mother or lawful custodian SB1833 Enrolled - 496 - LRB097 07747 KTG 47859 b of the child if the person is a putative father and either:
(6) Being a parent of the child, and if the parents of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or SB1833 Engrossed - 497 - LRB097 07747 KTG 47859 b contact with the child.
(6) Being a parent of the child, and if the parents of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or SB1833 Enrolled - 497 - LRB097 07747 KTG 47859 b contact with the child.
SB1833 Engrossed - 498 - LRB097 07747 KTG 47859 b (11) With the intent to obstruct or prevent efforts to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
SB1833 Enrolled - 498 - LRB097 07747 KTG 47859 b (11) With the intent to obstruct or prevent efforts to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
SB1833 Engrossed - 499 - LRB097 07747 KTG 47859 b (d) A person convicted of child abduction under this Section is guilty of a Class 4 felony.
SB1833 Enrolled - 499 - LRB097 07747 KTG 47859 b (d) A person convicted of child abduction under this Section is guilty of a Class 4 felony.
(5) that the defendant committed the abduction while armed with a deadly weapon or the taking of the child SB1833 Engrossed - 500 - LRB097 07747 KTG 47859 b resulted in serious bodily injury to another;
(5) that the defendant committed the abduction while armed with a deadly weapon or the taking of the child SB1833 Enrolled - 500 - LRB097 07747 KTG 47859 b resulted in serious bodily injury to another;
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Action History

  1. Public Act . . . . . . . . . 97-0227

  2. Effective Date January 1, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Added Alternate Co-Sponsor Rep. Sandy Cole

  6. Added Alternate Co-Sponsor Rep. Rosemary Mulligan

  7. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  8. Added Alternate Co-Sponsor Rep. Karen A. Yarbrough

  9. Added Alternate Co-Sponsor Rep. Frank J. Mautino

  10. Added Alternate Co-Sponsor Rep. Sidney H. Mathias

  11. Passed Both Houses

  12. Third Reading - Short Debate - Passed 112-000-000

  13. Placed on Calendar Order of 3rd Reading - Short Debate

  14. Second Reading - Short Debate

  15. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  16. Added Alternate Co-Sponsor Rep. JoAnn D. Osmond

  17. Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson

  18. Placed on Calendar 2nd Reading - Short Debate

  19. Do Pass / Short Debate Human Services Committee; 010-000-000

  20. Assigned to Human Services Committee

  21. Added Alternate Chief Co-Sponsor Rep. Robyn Gabel

  22. Added Alternate Chief Co-Sponsor Rep. Fred Crespo

  23. Added Alternate Chief Co-Sponsor Rep. Carol A. Sente

  24. Referred to Rules Committee

  25. First Reading

  26. Chief House Sponsor Rep. Emily McAsey

  27. Placed on Calendar Order of First Reading

  28. Arrived in House

  29. Third Reading - Passed; 054-000-000

  30. Added as Co-Sponsor Sen. Kirk W. Dillard

  31. Placed on Calendar Order of 3rd Reading April 11, 2011

  32. Second Reading

  33. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  34. Placed on Calendar Order of 2nd Reading March 16, 2011

  35. Do Pass as Amended Human Services; 009-000-000

  36. Senate Committee Amendment No. 1 Adopted

  37. Senate Committee Amendment No. 1 Assignments Refers to Human Services

  38. Senate Committee Amendment No. 1 Referred to Assignments

  39. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Matt Murphy

  40. Assigned to Human Services

  41. Referred to Assignments

  42. First Reading

  43. Filed with Secretary by Sen. Matt Murphy

Sponsors

  • JoAnn D. Osmond · Cosponsor
  • Patricia R. Bellock · Cosponsor
  • Sidney H. Mathias · Cosponsor
  • Frank J. Mautino · Cosponsor
  • Karen A. Yarbrough · Cosponsor
  • Sandra M. Pihos · Cosponsor
  • Rosemary Mulligan · Cosponsor
  • Laura M. Murphy · Cosponsor
  • Sandy Cole · Cosponsor

Sponsorship breakdown

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0 sponsors · 9 co-sponsors · 174 not signed on

Sponsors (0)

None.

Co-sponsors (9)

  • JoAnn D. Osmond
  • Patricia R. Bellock
  • Sidney H. Mathias
  • Frank J. Mautino
  • Karen A. Yarbrough
  • Sandra M. Pihos
  • Rosemary Mulligan
  • Laura M. Murphy Democrat
  • Sandy Cole

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 13000
Unaffiliated 93006
Republican 6000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Brauer — Yea
Brown — Yea
Burns — Not Voting
Colvin — Yea
Connelly — Yea
McAsey — Yea
Holbrook — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Reitz — Yea
Lyons — Yea
Senger — Yea
McGuire — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Lang — Yea
Bradley — Yea
Leitch — Yea
Brady — Yea
Mitchell, Bill — Yea
Madigan — Yea
Mitchell, Jerry — Yea
Moffitt — Yea
Morthland — Yea
Mulligan — Yea
Burke, Daniel — Yea
Harris, David — Yea
Burke, Kelly — Yea
Harris, Greg — Yea
Sullivan — Yea
Nekritz — Yea
Phelps — Yea
Pihos — Yea
Hernandez — Yea
Sente — Yea
Sommer — Yea
Howard — Yea
Soto — Yea
Thapedi — Yea
Watson — Yea
Williams — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Davis, Monique — Yea
Verschoore — Yea
Cavaletto — Yea
Cole — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Golar — Yea
Gordon — Yea
Hatcher — Yea
Hays — Yea
Jackson — Yea
Kosel — Yea
Yarbrough — Yea
Zalewski — Yea
Jones — Not Voting
Mendoza — Not Voting
Coladipietro — Not Voting
Nybo — Yea
Osmond — Yea
Osterman — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Winters — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Yea
Beaubien — Not Voting
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
May — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Yea
La Shawn K. Ford Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 43003
Democrat 8002
Republican 3000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Frerichs — Yea
Link — Yea
Luechtefeld — Yea
McCann — Yea
Brady — Yea
Clayborne — Yea
Haine — Yea
Hutchinson — Yea
Jacobs — Yea
Johnson, C. — Yea
LaHood — Yea
Sullivan — Yea
Jones, J. — Yea
Lauzen — Not Voting
Cullerton — Yea
McCarter — Yea
Johnson, T. — Not Voting
Meeks — Yea
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Pankau — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Wilhelmi — Yea
Crotty — Yea
Cultra — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Landek — Not Voting
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

civil-rights healthcare
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Frequently asked questions

What does SB 1833 do?
Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the definition of "mental retardation".
Who sponsors SB 1833?
SB 1833 is sponsored by JoAnn D. Osmond, Patricia R. Bellock, Sidney H. Mathias, Frank J. Mautino, Karen A. Yarbrough, Sandra M. Pihos, Rosemary Mulligan, Laura M. Murphy (Democrat), and Sandy Cole.
What is the current status of SB 1833?
This bill has been enacted into law. Introduced February 09, 2011. Enacted.
Where can I track SB 1833?
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