Illinois 96th Regular Session Status: Enacted

SB 3733 — FIRST 2010 GENERAL REVISORY

Last action — Public Act . . . . . . . . . 96-1000

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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 11, 2010. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • 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

Creates the First 2010 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Bill Text

What changed in the latest version

1967 added · 1967 removed

Plain-language change summary

The latest version of Bill SB 3733 has made significant changes by updating the language and structure of the document. Specifically, it appears that the newly enrolled version replaces an earlier engrossed draft, likely clarifying or refining specific provisions. This update is important because it ensures that the bill is clearer and more accessible for lawmakers and the public, which can facilitate better understanding and implementation of its provisions. Such clarity can also help prevent potential legal ambiguities down the line.

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SB3733 Engrossed LRB096 19592 AMC 34984 b AN ACT revise the law by combining multiple enactments and making technical corrections.
SB3733 Enrolled LRB096 19592 AMC 34984 b AN ACT revise the law by combining multiple enactments and making technical corrections.
The text of the Section included in this Act is intended to include the different versions of the Section found in the Public Acts included in the list of sources, but may not SB3733 Engrossed - 2 - LRB096 19592 AMC 34984 b include other versions of the Section to be found in Public Acts not included in the list of sources.
The text of the Section included in this Act is intended to include the different versions of the Section found in the Public Acts included in the list of sources, but may not SB3733 Enrolled - 2 - LRB096 19592 AMC 34984 b include other versions of the Section to be found in Public Acts not included in the list of sources.
revised 1-6-10.) (5 ILCS 80/4.30) SB3733 Engrossed - 3 - LRB096 19592 AMC 34984 b (Text of Section before amendment by P.A.
revised 1-6-10.) (5 ILCS 80/4.30) SB3733 Enrolled - 3 - LRB096 19592 AMC 34984 b (Text of Section before amendment by P.A.
SB3733 Engrossed - 4 - LRB096 19592 AMC 34984 b The Land Sales Registration Act of 1999.
SB3733 Enrolled - 4 - LRB096 19592 AMC 34984 b The Land Sales Registration Act of 1999.
(a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the SB3733 Engrossed - 5 - LRB096 19592 AMC 34984 b foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code.
(a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the SB3733 Enrolled - 5 - LRB096 19592 AMC 34984 b foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code.
(c-5) "Private information" means unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access SB3733 Engrossed - 6 - LRB096 19592 AMC 34984 b codes, medical records, home or personal telephone numbers, and personal email addresses.
(c-5) "Private information" means unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access SB3733 Enrolled - 6 - LRB096 19592 AMC 34984 b codes, medical records, home or personal telephone numbers, and personal email addresses.
SB3733 Engrossed - 7 - LRB096 19592 AMC 34984 b (f) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.
SB3733 Enrolled - 7 - LRB096 19592 AMC 34984 b (f) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.
(a) A brief description of itself, which will include, but not be limited to, a short summary of its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part-time employees, and the identification and membership of any board, commission, committee, or council which operates in an advisory capacity relative to the operation of the public body, or which exercises control over its policies or procedures, or to which the public body is required to report and be SB3733 Engrossed - 8 - LRB096 19592 AMC 34984 b answerable for its operations;
(a) A brief description of itself, which will include, but not be limited to, a short summary of its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part-time employees, and the identification and membership of any board, commission, committee, or council which operates in an advisory capacity relative to the operation of the public body, or which exercises control over its policies or procedures, or to which the public body is required to report and be SB3733 Enrolled - 8 - LRB096 19592 AMC 34984 b answerable for its operations;
Except to the extent that the General Assembly expressly SB3733 Engrossed - 9 - LRB096 19592 AMC 34984 b provides, statutory fees applicable to copies of public records when furnished in a paper format shall not be applicable to those records when furnished in an electronic format.
Except to the extent that the General Assembly expressly SB3733 Enrolled - 9 - LRB096 19592 AMC 34984 b provides, statutory fees applicable to copies of public records when furnished in a paper format shall not be applicable to those records when furnished in an electronic format.
(c) Documents shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is SB3733 Engrossed - 10 - LRB096 19592 AMC 34984 b in the public interest.
(c) Documents shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is SB3733 Enrolled - 10 - LRB096 19592 AMC 34984 b in the public interest.
(5 ILCS 282/5) SB3733 Engrossed - 11 - LRB096 19592 AMC 34984 b Sec.
(5 ILCS 282/5) SB3733 Enrolled - 11 - LRB096 19592 AMC 34984 b Sec.
The program of health benefits SB3733 Engrossed - 12 - LRB096 19592 AMC 34984 b must comply with Section 155.37 of the Illinois Insurance Code.
The program of health benefits SB3733 Enrolled - 12 - LRB096 19592 AMC 34984 b must comply with Section 155.37 of the Illinois Insurance Code.
(b) Persons holding an elected office in the Executive Branch of this State, and candidates for nomination or SB3733 Engrossed - 13 - LRB096 19592 AMC 34984 b election to these offices.
(b) Persons holding an elected office in the Executive Branch of this State, and candidates for nomination or SB3733 Enrolled - 13 - LRB096 19592 AMC 34984 b election to these offices.
(f) Persons who are employed by any branch, agency, authority or board of the government of this State, including but not limited to, the Illinois State Toll Highway Authority, the Illinois Housing Development Authority, the Illinois Community College Board, and institutions under the jurisdiction of the Board of Trustees of the University of Illinois, Board of Trustees of Southern Illinois University, Board of Trustees of Chicago State University, Board of Trustees of Eastern Illinois University, Board of Trustees of Governor's State University, Board of Trustees of Illinois State University, Board of Trustees of Northeastern Illinois University, Board of Trustees of Northern Illinois SB3733 Engrossed - 14 - LRB096 19592 AMC 34984 b University, Board of Trustees of Western Illinois University, or Board of Trustees of the Illinois Mathematics and Science Academy, and are compensated for services as employees and not as independent contractors and who:
(f) Persons who are employed by any branch, agency, authority or board of the government of this State, including but not limited to, the Illinois State Toll Highway Authority, the Illinois Housing Development Authority, the Illinois Community College Board, and institutions under the jurisdiction of the Board of Trustees of the University of Illinois, Board of Trustees of Southern Illinois University, Board of Trustees of Chicago State University, Board of Trustees of Eastern Illinois University, Board of Trustees of Governor's State University, Board of Trustees of Illinois State University, Board of Trustees of Northeastern Illinois University, Board of Trustees of Northern Illinois SB3733 Enrolled - 14 - LRB096 19592 AMC 34984 b University, Board of Trustees of Western Illinois University, or Board of Trustees of the Illinois Mathematics and Science Academy, and are compensated for services as employees and not as independent contractors and who:
(6) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial SB3733 Engrossed - 15 - LRB096 19592 AMC 34984 b or administrative proceeding within the authority of the State;
(6) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial SB3733 Enrolled - 15 - LRB096 19592 AMC 34984 b or administrative proceeding within the authority of the State;
This subsection does not apply to members of boards or commissions who function in an SB3733 Engrossed - 16 - LRB096 19592 AMC 34984 b advisory capacity.
This subsection does not apply to members of boards or commissions who function in an SB3733 Enrolled - 16 - LRB096 19592 AMC 34984 b advisory capacity.
or SB3733 Engrossed - 17 - LRB096 19592 AMC 34984 b (6) have supervisory responsibility for 20 or more employees of the unit of local government.
or SB3733 Enrolled - 17 - LRB096 19592 AMC 34984 b (6) have supervisory responsibility for 20 or more employees of the unit of local government.
This Section shall not be construed to prevent any unit of local government from enacting financial disclosure SB3733 Engrossed - 18 - LRB096 19592 AMC 34984 b requirements that mandate more information than required by this Act.
This Section shall not be construed to prevent any unit of local government from enacting financial disclosure SB3733 Enrolled - 18 - LRB096 19592 AMC 34984 b requirements that mandate more information than required by this Act.
The Attorney General, with respect to offices or positions SB3733 Engrossed - 19 - LRB096 19592 AMC 34984 b described in items (a) through (f) and items (j), (l), and (n) of Section 4A-101 of this Act, or the State's Attorney of the county of the entity for which the filing of statements of economic interests is required, with respect to offices or positions described in items (g) through (i), item (k), and item (o) of Section 4A-101 of this Act, shall bring an action in quo warranto against any person who has failed to file by either May 31 or June 30 of any given year and for whom the fees and penalties for late filing have not been waived under Section 4A-105.
The Attorney General, with respect to offices or positions SB3733 Enrolled - 19 - LRB096 19592 AMC 34984 b described in items (a) through (f) and items (j), (l), and (n) of Section 4A-101 of this Act, or the State's Attorney of the county of the entity for which the filing of statements of economic interests is required, with respect to offices or positions described in items (g) through (i), item (k), and item (o) of Section 4A-101 of this Act, shall bring an action in quo warranto against any person who has failed to file by either May 31 or June 30 of any given year and for whom the fees and penalties for late filing have not been waived under Section 4A-105.
SB3733 Engrossed - 20 - LRB096 19592 AMC 34984 b The month of September of each year is designated as Ovarian and Prostate Cancer Awareness Month to be observed throughout the State as a month set apart to promote advocacy activities and the study of ovarian and prostate cancer and to honor those whose lives have been impacted by the disease.
SB3733 Enrolled - 20 - LRB096 19592 AMC 34984 b The month of September of each year is designated as Ovarian and Prostate Cancer Awareness Month to be observed throughout the State as a month set apart to promote advocacy activities and the study of ovarian and prostate cancer and to honor those whose lives have been impacted by the disease.
revised 9-15-09.) SB3733 Engrossed - 21 - LRB096 19592 AMC 34984 b (5 ILCS 490/145) Sec.
revised 9-15-09.) SB3733 Enrolled - 21 - LRB096 19592 AMC 34984 b (5 ILCS 490/145) Sec.
revised 9-15-09.) SB3733 Engrossed - 22 - LRB096 19592 AMC 34984 b Section 35.
revised 9-15-09.) SB3733 Enrolled - 22 - LRB096 19592 AMC 34984 b Section 35.
SB3733 Engrossed - 23 - LRB096 19592 AMC 34984 b 5.
SB3733 Enrolled - 23 - LRB096 19592 AMC 34984 b 5.
In each instance election jurisdiction shall be determined according to which election authority maintains the permanent registration records of SB3733 Engrossed - 24 - LRB096 19592 AMC 34984 b qualified electors.
In each instance election jurisdiction shall be determined according to which election authority maintains the permanent registration records of SB3733 Enrolled - 24 - LRB096 19592 AMC 34984 b qualified electors.
"Election district" and "precinct", when used with SB3733 Engrossed - 25 - LRB096 19592 AMC 34984 b reference to a 30-day residence requirement, means the smallest constituent territory in which electors vote as a unit at the same polling place in any election governed by this Act.
"Election district" and "precinct", when used with SB3733 Enrolled - 25 - LRB096 19592 AMC 34984 b reference to a 30-day residence requirement, means the smallest constituent territory in which electors vote as a unit at the same polling place in any election governed by this Act.
"List" as used in Sections 4-11, 4-22, 5-14, 5-29, 6-60, and 6-66 shall include a computer tape or computer disc SB3733 Engrossed - 26 - LRB096 19592 AMC 34984 b or other electronic data processing information containing voter information.
"List" as used in Sections 4-11, 4-22, 5-14, 5-29, 6-60, and 6-66 shall include a computer tape or computer disc SB3733 Enrolled - 26 - LRB096 19592 AMC 34984 b or other electronic data processing information containing voter information.
revised 11-18-09.) SB3733 Engrossed - 27 - LRB096 19592 AMC 34984 b (10 ILCS 5/3-3) (from Ch.
revised 11-18-09.) SB3733 Enrolled - 27 - LRB096 19592 AMC 34984 b (10 ILCS 5/3-3) (from Ch.
Every honorably discharged soldier or sailor who SB3733 Engrossed - 28 - LRB096 19592 AMC 34984 b is an inmate of any soldiers' and sailors' home within the State of Illinois, any person who is a resident of a facility licensed or certified pursuant to the Nursing Home Care Act or the MR/DD Community Care Act, or any person who is a resident of a community-integrated living arrangement, as defined in Section 3 of the Community-Integrated Living Arrangements Licensure and Certification Act, for 30 days or longer, and who is a citizen of the United States and has resided in this State and in the election district 30 days next preceding any election shall be entitled to vote in the election district in which any such home or community-integrated living arrangement in which he is an inmate or resident is located, for all officers that now are or hereafter may be elected by the people, and upon all questions that may be submitted to the vote of the people:
Every honorably discharged soldier or sailor who SB3733 Enrolled - 28 - LRB096 19592 AMC 34984 b is an inmate of any soldiers' and sailors' home within the State of Illinois, any person who is a resident of a facility licensed or certified pursuant to the Nursing Home Care Act or the MR/DD Community Care Act, or any person who is a resident of a community-integrated living arrangement, as defined in Section 3 of the Community-Integrated Living Arrangements Licensure and Certification Act, for 30 days or longer, and who is a citizen of the United States and has resided in this State and in the election district 30 days next preceding any election shall be entitled to vote in the election district in which any such home or community-integrated living arrangement in which he is an inmate or resident is located, for all officers that now are or hereafter may be elected by the people, and upon all questions that may be submitted to the vote of the people:
Except as herein provided, no person shall be registered, unless he applies in person to a registration officer, answers such relevant questions as may be asked of him SB3733 Engrossed - 29 - LRB096 19592 AMC 34984 b by the registration officer, and executes the affidavit of registration.
Except as herein provided, no person shall be registered, unless he applies in person to a registration officer, answers such relevant questions as may be asked of him SB3733 Enrolled - 29 - LRB096 19592 AMC 34984 b by the registration officer, and executes the affidavit of registration.
"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 SB3733 Engrossed - 30 - LRB096 19592 AMC 34984 b 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.
"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 SB3733 Enrolled - 30 - LRB096 19592 AMC 34984 b 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.
Any person claiming to be an elector in any election precinct and whose registration card is marked "Incomplete" may make and sign an application in writing, under oath, to the SB3733 Engrossed - 31 - LRB096 19592 AMC 34984 b county clerk in substance in the following form:
Any person claiming to be an elector in any election precinct and whose registration card is marked "Incomplete" may make and sign an application in writing, under oath, to the SB3733 Enrolled - 31 - LRB096 19592 AMC 34984 b county clerk in substance in the following form:
If the applicant for registration has registered with the county clerk, such SB3733 Engrossed - 32 - LRB096 19592 AMC 34984 b application may be presented to and heard by the county clerk or by his duly authorized representative upon the dates specified above or at any time prior thereto designated by the county clerk.
If the applicant for registration has registered with the county clerk, such SB3733 Enrolled - 32 - LRB096 19592 AMC 34984 b application may be presented to and heard by the county clerk or by his duly authorized representative upon the dates specified above or at any time prior thereto designated by the county clerk.
Where the location cannot be determined by street and number, then the Section, SB3733 Engrossed - 33 - LRB096 19592 AMC 34984 b congressional township and range number may be used, or such other information as may be necessary, including post office mailing address.
Where the location cannot be determined by street and number, then the Section, SB3733 Enrolled - 33 - LRB096 19592 AMC 34984 b congressional township and range number may be used, or such other information as may be necessary, including post office mailing address.
(His or her signature or mark) SB3733 Engrossed - 34 - LRB096 19592 AMC 34984 b Subscribed and sworn to before me, an officer qualified to administer oaths, on (insert date).
(His or her signature or mark) SB3733 Enrolled - 34 - LRB096 19592 AMC 34984 b Subscribed and sworn to before me, an officer qualified to administer oaths, on (insert date).
driver's license, social security card, public aid identification card, utility bill, employee or student SB3733 Engrossed - 35 - LRB096 19592 AMC 34984 b identification card, lease or contract for a residence, credit card, or a civic, union or professional association membership card.
driver's license, social security card, public aid identification card, utility bill, employee or student SB3733 Enrolled - 35 - LRB096 19592 AMC 34984 b identification card, lease or contract for a residence, credit card, or a civic, union or professional association membership card.
If the registration officer has reason to believe that the applicant is a resident of a Soldiers' and Sailors' Home or any facility which is licensed or certified pursuant to the Nursing Home Care Act or the MR/DD Community Care Act, the following question shall be put, "When you SB3733 Engrossed - 36 - LRB096 19592 AMC 34984 b entered the home which is your present address, was it your bona fide intention to become a resident thereof?" Any voter of a township, city, village or incorporated town in which such applicant resides, shall be permitted to be present at the place of any precinct registration and shall have the right to challenge any applicant who applies to be registered.
If the registration officer has reason to believe that the applicant is a resident of a Soldiers' and Sailors' Home or any facility which is licensed or certified pursuant to the Nursing Home Care Act or the MR/DD Community Care Act, the following question shall be put, "When you SB3733 Enrolled - 36 - LRB096 19592 AMC 34984 b entered the home which is your present address, was it your bona fide intention to become a resident thereof?" Any voter of a township, city, village or incorporated town in which such applicant resides, shall be permitted to be present at the place of any precinct registration and shall have the right to challenge any applicant who applies to be registered.
That I reside in said precinct, that I intend to reside in said precinct, and am a duly qualified voter of said precinct and am SB3733 Engrossed - 37 - LRB096 19592 AMC 34984 b entitled to be registered to vote in said precinct at the next election.
That I reside in said precinct, that I intend to reside in said precinct, and am a duly qualified voter of said precinct and am SB3733 Enrolled - 37 - LRB096 19592 AMC 34984 b entitled to be registered to vote in said precinct at the next election.
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 SB3733 Engrossed - 38 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 38 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 39 - LRB096 19592 AMC 34984 b naturalized.
Whether the applicant is native born or SB3733 Enrolled - 39 - LRB096 19592 AMC 34984 b naturalized.
Upon receipt of the executed duplicate affidavit of Registration, the county clerk shall transfer the information contained thereon to duplicate Registration Cards provided for in Section 4-8 of this Article and shall attach thereto a copy SB3733 Engrossed - 40 - LRB096 19592 AMC 34984 b 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 Registration, the county clerk shall transfer the information contained thereon to duplicate Registration Cards provided for in Section 4-8 of this Article and shall attach thereto a copy SB3733 Enrolled - 40 - LRB096 19592 AMC 34984 b 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.
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This use may be demonstrated by a piece of mail addressed to that individual and received at that address or by SB3733 Engrossed - 41 - LRB096 19592 AMC 34984 b a statement from a person authorizing use of the mailing address.
This use may be demonstrated by a piece of mail addressed to that individual and received at that address or by SB3733 Enrolled - 41 - LRB096 19592 AMC 34984 b a statement from a person authorizing use of the mailing address.
If the registration officer has reason to believe that the applicant is a resident of a Soldiers' and Sailors' Home or any facility which is licensed or certified pursuant to the Nursing Home Care Act, the following question shall be put, "When you entered the home which is your present address, was it your bona fide intention to become a resident thereof?" Any voter of a township, city, village or incorporated town in which such applicant resides, shall be permitted to be present at the place of precinct registration, and shall have the right to challenge any applicant who applies SB3733 Engrossed - 42 - LRB096 19592 AMC 34984 b to be registered.
If the registration officer has reason to believe that the applicant is a resident of a Soldiers' and Sailors' Home or any facility which is licensed or certified pursuant to the Nursing Home Care Act, the following question shall be put, "When you entered the home which is your present address, was it your bona fide intention to become a resident thereof?" Any voter of a township, city, village or incorporated town in which such applicant resides, shall be permitted to be present at the place of precinct registration, and shall have the right to challenge any applicant who applies SB3733 Enrolled - 42 - LRB096 19592 AMC 34984 b to be registered.
SB3733 Engrossed - 43 - LRB096 19592 AMC 34984 b (Signature of Applicant)" All such applications shall be presented to the County Clerk by the applicant, in person between the hours of nine o'clock a.m.
SB3733 Enrolled - 43 - LRB096 19592 AMC 34984 b (Signature of Applicant)" All such applications shall be presented to the County Clerk by the applicant, in person between the hours of nine o'clock a.m.
The name of the applicant, giving surname and first or Christian name in full, and the middle name or the initial SB3733 Engrossed - 44 - LRB096 19592 AMC 34984 b for such middle name, if any.
The name of the applicant, giving surname and first or Christian name in full, and the middle name or the initial SB3733 Enrolled - 44 - LRB096 19592 AMC 34984 b for such middle name, if any.
that on the day of the next election I shall have resided in the State of Illinois for 6 months and in the SB3733 Engrossed - 45 - LRB096 19592 AMC 34984 b election precinct 30 days;
that on the day of the next election I shall have resided in the State of Illinois for 6 months and in the SB3733 Enrolled - 45 - LRB096 19592 AMC 34984 b election precinct 30 days;
Except as herein provided, no person shall be SB3733 Engrossed - 46 - LRB096 19592 AMC 34984 b registered unless he applies in person to registration officer, answers such relevant questions as may be asked of him by the registration officer, and executes the affidavit of registration.
Except as herein provided, no person shall be SB3733 Enrolled - 46 - LRB096 19592 AMC 34984 b registered unless he applies in person to registration officer, answers such relevant questions as may be asked of him by the registration officer, and executes the affidavit of registration.
"You do solemnly swear (or affirm) that you will fully and SB3733 Engrossed - 47 - LRB096 19592 AMC 34984 b truly answer all such questions as shall be put to you touching your place of residence, name, place of birth, your qualifications as an elector and your right as such to register and vote under the laws of the State of Illinois." The Registration Officer shall satisfy himself that each applicant for registration is qualified to register before registering him.
"You do solemnly swear (or affirm) that you will fully and SB3733 Enrolled - 47 - LRB096 19592 AMC 34984 b truly answer all such questions as shall be put to you touching your place of residence, name, place of birth, your qualifications as an elector and your right as such to register and vote under the laws of the State of Illinois." The Registration Officer shall satisfy himself that each applicant for registration is qualified to register before registering him.
SB3733 Engrossed - 48 - LRB096 19592 AMC 34984 b Any person claiming to be an elector in any election precinct in such township, city, village or incorporated town and whose registration is marked "Incomplete" may make and sign an application in writing, under oath, to the County Clerk in substance in the following form:
SB3733 Enrolled - 48 - LRB096 19592 AMC 34984 b Any person claiming to be an elector in any election precinct in such township, city, village or incorporated town and whose registration is marked "Incomplete" may make and sign an application in writing, under oath, to the County Clerk in substance in the following form:
on Monday and Tuesday of the third week SB3733 Engrossed - 49 - LRB096 19592 AMC 34984 b prior to the date on which such election is to be held.
on Monday and Tuesday of the third week SB3733 Enrolled - 49 - LRB096 19592 AMC 34984 b prior to the date on which such election is to be held.
SB3733 Engrossed - 50 - LRB096 19592 AMC 34984 b Term of residence in the State of Illinois and the precinct.
SB3733 Enrolled - 50 - LRB096 19592 AMC 34984 b Term of residence in the State of Illinois and the precinct.
SB3733 Engrossed - 51 - LRB096 19592 AMC 34984 b ........................................
SB3733 Enrolled - 51 - LRB096 19592 AMC 34984 b ........................................
The State central committee of each political party established pursuant to this Article 7 shall certify to the State Board of Elections, not less than 30 days prior to the first date for filing of petitions for election as delegate or alternate delegate to a national nominating convention, which of the following alternatives it wishes to be utilized in allocating the delegates and alternate delegates to which SB3733 Engrossed - 52 - LRB096 19592 AMC 34984 b Illinois will be entitled at its national nominating convention.
The State central committee of each political party established pursuant to this Article 7 shall certify to the State Board of Elections, not less than 30 days prior to the first date for filing of petitions for election as delegate or alternate delegate to a national nominating convention, which of the following alternatives it wishes to be utilized in allocating the delegates and alternate delegates to which SB3733 Enrolled - 52 - LRB096 19592 AMC 34984 b Illinois will be entitled at its national nominating convention.
Prior to the aforementioned meeting of the State Board of Elections at which the Board shall publish and certify to the county clerk the number of delegates or alternate delegates to be elected from each congressional district or the State at large or State convention, the Secretary of State shall ascertain from the call of the national convention of each political party the number of delegates and alternate delegates to which Illinois will be entitled at the respective national SB3733 Engrossed - 53 - LRB096 19592 AMC 34984 b nominating conventions.
Prior to the aforementioned meeting of the State Board of Elections at which the Board shall publish and certify to the county clerk the number of delegates or alternate delegates to be elected from each congressional district or the State at large or State convention, the Secretary of State shall ascertain from the call of the national convention of each political party the number of delegates and alternate delegates to which Illinois will be entitled at the respective national SB3733 Enrolled - 53 - LRB096 19592 AMC 34984 b nominating conventions.
Two delegates shall SB3733 Engrossed - 54 - LRB096 19592 AMC 34984 b be allocated from this number to each district.
Two delegates shall SB3733 Enrolled - 54 - LRB096 19592 AMC 34984 b be allocated from this number to each district.
SB3733 Engrossed - 55 - LRB096 19592 AMC 34984 b (e) Any delegates remaining unallocated shall be delegates at large and shall be selected as determined by the State central committee under paragraph 1 of this Alternative A.
SB3733 Enrolled - 55 - LRB096 19592 AMC 34984 b (e) Any delegates remaining unallocated shall be delegates at large and shall be selected as determined by the State central committee under paragraph 1 of this Alternative A.
(a) The fraction derived by dividing the population of the district by the population of the State and adding to SB3733 Engrossed - 56 - LRB096 19592 AMC 34984 b that fraction the following:
(a) The fraction derived by dividing the population of the district by the population of the State and adding to SB3733 Enrolled - 56 - LRB096 19592 AMC 34984 b that fraction the following:
SB3733 Engrossed - 57 - LRB096 19592 AMC 34984 b (3) Formula 3 shall be determined by multiplying paragraphs (a) a, (b), b and (c) c together as follows:
SB3733 Enrolled - 57 - LRB096 19592 AMC 34984 b (3) Formula 3 shall be determined by multiplying paragraphs (a) a, (b), b and (c) c together as follows:
The remainder of the delegates and alternate delegates shall be selected as determined by the State central committee SB3733 Engrossed - 58 - LRB096 19592 AMC 34984 b of the party and shall be certified to the State Board of Elections by the chairman of the State central committee.
The remainder of the delegates and alternate delegates shall be selected as determined by the State central committee SB3733 Enrolled - 58 - LRB096 19592 AMC 34984 b of the party and shall be certified to the State Board of Elections by the chairman of the State central committee.
that I am lawfully SB3733 Engrossed - 59 - LRB096 19592 AMC 34984 b entitled to vote in such precinct at the ....
that I am lawfully SB3733 Enrolled - 59 - LRB096 19592 AMC 34984 b entitled to vote in such precinct at the ....
or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight SB3733 Engrossed - 60 - LRB096 19592 AMC 34984 b preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day (Source:
or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight SB3733 Enrolled - 60 - LRB096 19592 AMC 34984 b preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day (Source:
revised 9-15-09.) SB3733 Engrossed - 61 - LRB096 19592 AMC 34984 b (10 ILCS 5/20-2.3) (from Ch.
revised 9-15-09.) SB3733 Enrolled - 61 - LRB096 19592 AMC 34984 b (10 ILCS 5/20-2.3) (from Ch.
SB3733 Engrossed - 62 - LRB096 19592 AMC 34984 b (15 ILCS 20/50-5) Sec.
SB3733 Enrolled - 62 - LRB096 19592 AMC 34984 b (15 ILCS 20/50-5) Sec.
The Governor shall not propose expenditures and the General Assembly shall not enact appropriations that exceed the resources estimated to be available, as provided in this SB3733 Engrossed - 63 - LRB096 19592 AMC 34984 b Section.
The Governor shall not propose expenditures and the General Assembly shall not enact appropriations that exceed the resources estimated to be available, as provided in this SB3733 Enrolled - 63 - LRB096 19592 AMC 34984 b Section.
For any budgeted fund for which current year revenues are anticipated to exceed expenditures, the surplus shall be considered to be a resource available for SB3733 Engrossed - 64 - LRB096 19592 AMC 34984 b expenditure in the budgeted fiscal year.
For any budgeted fund for which current year revenues are anticipated to exceed expenditures, the surplus shall be considered to be a resource available for SB3733 Enrolled - 64 - LRB096 19592 AMC 34984 b expenditure in the budgeted fiscal year.
Appropriation for a fiscal year shall not exceed funds estimated by the General SB3733 Engrossed - 65 - LRB096 19592 AMC 34984 b Assembly to be available during that year.
Appropriation for a fiscal year shall not exceed funds estimated by the General SB3733 Enrolled - 65 - LRB096 19592 AMC 34984 b Assembly to be available during that year.
The SB3733 Engrossed - 66 - LRB096 19592 AMC 34984 b Public Access Counselor's Office shall be comprised of the Public Access Counselor and such assistant attorneys general and other staff as are deemed necessary by the Attorney General.
The SB3733 Enrolled - 66 - LRB096 19592 AMC 34984 b Public Access Counselor's Office shall be comprised of the Public Access Counselor and such assistant attorneys general and other staff as are deemed necessary by the Attorney General.
SB3733 Engrossed - 67 - LRB096 19592 AMC 34984 b (5) to respond to informal inquiries made by the public and public bodies;
SB3733 Enrolled - 67 - LRB096 19592 AMC 34984 b (5) to respond to informal inquiries made by the public and public bodies;
(1) (i) personally by delivery of a duly executed copy SB3733 Engrossed - 68 - LRB096 19592 AMC 34984 b thereof to the person to be served, or in the case of a public body, in the manner provided in Section 2-211 of the Code of Civil Procedure Civil Practice Law;
(1) (i) personally by delivery of a duly executed copy SB3733 Enrolled - 68 - LRB096 19592 AMC 34984 b thereof to the person to be served, or in the case of a public body, in the manner provided in Section 2-211 of the Code of Civil Procedure Civil Practice Law;
(g) The Attorney General shall post his or her binding opinions issued pursuant to Section 3.5 of the Open Meetings Act or Section 9.5 of the Freedom of Information Act and any rules on the official website of the Office of the Attorney SB3733 Engrossed - 69 - LRB096 19592 AMC 34984 b General, with links to those opinions from the official home page, and shall make them available for immediate inspection in his or her office.
(g) The Attorney General shall post his or her binding opinions issued pursuant to Section 3.5 of the Open Meetings Act or Section 9.5 of the Freedom of Information Act and any rules on the official website of the Office of the Attorney SB3733 Enrolled - 69 - LRB096 19592 AMC 34984 b General, with links to those opinions from the official home page, and shall make them available for immediate inspection in his or her office.
or (4) a human services provider funded by the State of SB3733 Engrossed - 70 - LRB096 19592 AMC 34984 b Illinois to serve homeless or runaway youth, individuals with mental illness, or individuals with addictions.
or (4) a human services provider funded by the State of SB3733 Enrolled - 70 - LRB096 19592 AMC 34984 b Illinois to serve homeless or runaway youth, individuals with mental illness, or individuals with addictions.
(1) Applications by local, state, and federal government agencies for confidential identification cards must be made to the Secretary of State Police Department on SB3733 Engrossed - 71 - LRB096 19592 AMC 34984 b a form and in a manner prescribed by the Secretary of State Police Department.
(1) Applications by local, state, and federal government agencies for confidential identification cards must be made to the Secretary of State Police Department on SB3733 Enrolled - 71 - LRB096 19592 AMC 34984 b a form and in a manner prescribed by the Secretary of State Police Department.
(2) A government agency must request cancellation of confidential identification cards that are no longer SB3733 Engrossed - 72 - LRB096 19592 AMC 34984 b required for the purposes for which they were issued.
(2) A government agency must request cancellation of confidential identification cards that are no longer SB3733 Enrolled - 72 - LRB096 19592 AMC 34984 b required for the purposes for which they were issued.
SB3733 Engrossed - 73 - LRB096 19592 AMC 34984 b There shall be a State Board of Health composed of 19 persons, all of whom shall be appointed by the Governor, with the advice and consent of the Senate for those appointed by the Governor on and after June 30, 1998, and one of whom shall be a senior citizen age 60 or over.
SB3733 Enrolled - 73 - LRB096 19592 AMC 34984 b There shall be a State Board of Health composed of 19 persons, all of whom shall be appointed by the Governor, with the advice and consent of the Senate for those appointed by the Governor on and after June 30, 1998, and one of whom shall be a senior citizen age 60 or over.
and up to 5 members to serve for a term of one SB3733 Engrossed - 74 - LRB096 19592 AMC 34984 b year, so that the term of no more than 6 members expire in the same year.
and up to 5 members to serve for a term of one SB3733 Enrolled - 74 - LRB096 19592 AMC 34984 b year, so that the term of no more than 6 members expire in the same year.
(4) To advise the Director regarding public health policy, and to make health policy recommendations SB3733 Engrossed - 75 - LRB096 19592 AMC 34984 b regarding priorities to the Governor through the Director.
(4) To advise the Director regarding public health policy, and to make health policy recommendations SB3733 Enrolled - 75 - LRB096 19592 AMC 34984 b regarding priorities to the Governor through the Director.
SB3733 Engrossed - 76 - LRB096 19592 AMC 34984 b In the case of proposed administrative rules or amendments to administrative rules regarding immunization of children against preventable communicable diseases designated by the Director under the Communicable Disease Prevention Act, after the Immunization Advisory Committee has made its recommendations, the Board shall conduct 3 public hearings, geographically distributed throughout the State.
SB3733 Enrolled - 76 - LRB096 19592 AMC 34984 b In the case of proposed administrative rules or amendments to administrative rules regarding immunization of children against preventable communicable diseases designated by the Director under the Communicable Disease Prevention Act, after the Immunization Advisory Committee has made its recommendations, the Board shall conduct 3 public hearings, geographically distributed throughout the State.
The Plan shall also take into consideration priorities and strategies developed at the community level through the Illinois Project for Local Assessment of Needs (IPLAN) and any regional health improvement plans that may be SB3733 Engrossed - 77 - LRB096 19592 AMC 34984 b developed.
The Plan shall also take into consideration priorities and strategies developed at the community level through the Illinois Project for Local Assessment of Needs (IPLAN) and any regional health improvement plans that may be SB3733 Enrolled - 77 - LRB096 19592 AMC 34984 b developed.
The State Board of Health shall hold at least 3 public hearings addressing drafts of the Plan in representative SB3733 Engrossed - 78 - LRB096 19592 AMC 34984 b geographic areas of the State.
The State Board of Health shall hold at least 3 public hearings addressing drafts of the Plan in representative SB3733 Enrolled - 78 - LRB096 19592 AMC 34984 b geographic areas of the State.
SB3733 Engrossed - 79 - LRB096 19592 AMC 34984 b (b) (Blank).
SB3733 Enrolled - 79 - LRB096 19592 AMC 34984 b (b) (Blank).
In the appointment of medical and coroner members of the Board, the Governor shall invite nominations from recognized medical and SB3733 Engrossed - 80 - LRB096 19592 AMC 34984 b coroners organizations in this State respectively.
In the appointment of medical and coroner members of the Board, the Governor shall invite nominations from recognized medical and SB3733 Enrolled - 80 - LRB096 19592 AMC 34984 b coroners organizations in this State respectively.
or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be SB3733 Engrossed - 81 - LRB096 19592 AMC 34984 b served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be SB3733 Enrolled - 81 - LRB096 19592 AMC 34984 b served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
(D) restoring to their families children who have SB3733 Engrossed - 82 - LRB096 19592 AMC 34984 b been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety;
(D) restoring to their families children who have SB3733 Enrolled - 82 - LRB096 19592 AMC 34984 b been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety;
and (I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure SB3733 Engrossed - 83 - LRB096 19592 AMC 34984 b child care facility.
and (I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure SB3733 Enrolled - 83 - LRB096 19592 AMC 34984 b child care facility.
The Department may pay up to 2 months SB3733 Engrossed - 84 - LRB096 19592 AMC 34984 b operational expenses in advance.
The Department may pay up to 2 months SB3733 Enrolled - 84 - LRB096 19592 AMC 34984 b operational expenses in advance.
SB3733 Engrossed - 85 - LRB096 19592 AMC 34984 b (9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980;
SB3733 Enrolled - 85 - LRB096 19592 AMC 34984 b (9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980;
SB3733 Engrossed - 86 - LRB096 19592 AMC 34984 b (1) case management;
SB3733 Enrolled - 86 - LRB096 19592 AMC 34984 b (1) case management;
(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt physically or mentally handicapped, older and other hard-to-place children who (i) immediately prior to their adoption were legal wards of the Department or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have SB3733 Engrossed - 87 - LRB096 19592 AMC 34984 b died.
(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt physically or mentally handicapped, older and other hard-to-place children who (i) immediately prior to their adoption were legal wards of the Department or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have SB3733 Enrolled - 87 - LRB096 19592 AMC 34984 b died.
(j-5) The Department shall not deny or delay the placement SB3733 Engrossed - 88 - LRB096 19592 AMC 34984 b of a child for adoption if an approved family is available either outside of the Department region handling the case, or outside of the State of Illinois.
(j-5) The Department shall not deny or delay the placement SB3733 Enrolled - 88 - LRB096 19592 AMC 34984 b of a child for adoption if an approved family is available either outside of the Department region handling the case, or outside of the State of Illinois.
Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act SB3733 Engrossed - 89 - LRB096 19592 AMC 34984 b of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act SB3733 Enrolled - 89 - LRB096 19592 AMC 34984 b of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
The Department may also provide services to any child or family after completion of a family SB3733 Engrossed - 90 - LRB096 19592 AMC 34984 b assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
The Department may also provide services to any child or family after completion of a family SB3733 Enrolled - 90 - LRB096 19592 AMC 34984 b assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
SB3733 Engrossed - 91 - LRB096 19592 AMC 34984 b As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134) this amendatory Act of the 96th General Assembly, the Department shall develop and implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child.
SB3733 Enrolled - 91 - LRB096 19592 AMC 34984 b As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134) this amendatory Act of the 96th General Assembly, the Department shall develop and implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child.
The term "pervasive developmental disorder" under this paragraph means a neurological condition, including but not limited to, Asperger's Syndrome and autism, SB3733 Engrossed - 92 - LRB096 19592 AMC 34984 b as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
The term "pervasive developmental disorder" under this paragraph means a neurological condition, including but not limited to, Asperger's Syndrome and autism, SB3733 Enrolled - 92 - LRB096 19592 AMC 34984 b as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act SB3733 Engrossed - 93 - LRB096 19592 AMC 34984 b of 1987.
The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act SB3733 Enrolled - 93 - LRB096 19592 AMC 34984 b of 1987.
SB3733 Engrossed - 94 - LRB096 19592 AMC 34984 b (8) placement of siblings.
SB3733 Enrolled - 94 - LRB096 19592 AMC 34984 b (8) placement of siblings.
SB3733 Engrossed - 95 - LRB096 19592 AMC 34984 b The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
SB3733 Enrolled - 95 - LRB096 19592 AMC 34984 b The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
If a petition is so filed, the Department shall retain SB3733 Engrossed - 96 - LRB096 19592 AMC 34984 b temporary custody of the child until the court orders otherwise.
If a petition is so filed, the Department shall retain SB3733 Enrolled - 96 - LRB096 19592 AMC 34984 b temporary custody of the child until the court orders otherwise.
(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their SB3733 Engrossed - 97 - LRB096 19592 AMC 34984 b best interest.
(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their SB3733 Enrolled - 97 - LRB096 19592 AMC 34984 b best interest.
(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not SB3733 Engrossed - 98 - LRB096 19592 AMC 34984 b yet attained the age of 21.
(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not SB3733 Enrolled - 98 - LRB096 19592 AMC 34984 b yet attained the age of 21.
Children SB3733 Engrossed - 99 - LRB096 19592 AMC 34984 b who are wards of the Department and are placed by private child welfare agencies, and foster families with whom those children are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency.
Children SB3733 Enrolled - 99 - LRB096 19592 AMC 34984 b who are wards of the Department and are placed by private child welfare agencies, and foster families with whom those children are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency.
The Department shall establish administrative rules specifying the criteria for determining eligibility for and the amount and nature of assistance to be SB3733 Engrossed - 100 - LRB096 19592 AMC 34984 b provided.
The Department shall establish administrative rules specifying the criteria for determining eligibility for and the amount and nature of assistance to be SB3733 Enrolled - 100 - LRB096 19592 AMC 34984 b provided.
SB3733 Engrossed - 101 - LRB096 19592 AMC 34984 b (1) Establish standards in accordance with State and federal laws for disbursing money from children's accounts.
SB3733 Enrolled - 101 - LRB096 19592 AMC 34984 b (1) Establish standards in accordance with State and federal laws for disbursing money from children's accounts.
(r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a SB3733 Engrossed - 102 - LRB096 19592 AMC 34984 b hard-to-place or handicapped child and the names of such children who have not been placed for adoption.
(r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a SB3733 Enrolled - 102 - LRB096 19592 AMC 34984 b hard-to-place or handicapped child and the names of such children who have not been placed for adoption.
(t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and SB3733 Engrossed - 103 - LRB096 19592 AMC 34984 b Dissolution of Marriage Act or the Adoption Act only if:
(t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and SB3733 Enrolled - 103 - LRB096 19592 AMC 34984 b Dissolution of Marriage Act or the Adoption Act only if:
(1) available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes SB3733 Engrossed - 104 - LRB096 19592 AMC 34984 b excluding any information that identifies or reveals the location of any previous caretaker;
(1) available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes SB3733 Enrolled - 104 - LRB096 19592 AMC 34984 b excluding any information that identifies or reveals the location of any previous caretaker;
In the case of emergency placements when time does not allow prior review, preparation, and collection SB3733 Engrossed - 105 - LRB096 19592 AMC 34984 b of written information, the Department shall provide such information as it becomes available.
In the case of emergency placements when time does not allow prior review, preparation, and collection SB3733 Enrolled - 105 - LRB096 19592 AMC 34984 b of written information, the Department shall provide such information as it becomes available.
(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory SB3733 Engrossed - 106 - LRB096 19592 AMC 34984 b and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS 2605/2605-355) if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.
(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory SB3733 Enrolled - 106 - LRB096 19592 AMC 34984 b and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS 2605/2605-355) if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.
Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or SB3733 Engrossed - 107 - LRB096 19592 AMC 34984 b for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.
Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or SB3733 Enrolled - 107 - LRB096 19592 AMC 34984 b for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.
The plan shall SB3733 Engrossed - 108 - LRB096 19592 AMC 34984 b include descriptions of the types of facilities that are needed in Illinois;
The plan shall SB3733 Enrolled - 108 - LRB096 19592 AMC 34984 b include descriptions of the types of facilities that are needed in Illinois;
revised 9-15-09.) (20 ILCS 505/34.11) SB3733 Engrossed - 109 - LRB096 19592 AMC 34984 b Sec.
revised 9-15-09.) (20 ILCS 505/34.11) SB3733 Enrolled - 109 - LRB096 19592 AMC 34984 b Sec.
(5) Grandparents and other relatives providing primary care for children lack appropriate information about the SB3733 Engrossed - 110 - LRB096 19592 AMC 34984 b issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.
(5) Grandparents and other relatives providing primary care for children lack appropriate information about the SB3733 Enrolled - 110 - LRB096 19592 AMC 34984 b issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.
As a part of the program, the Department may develop, publish, and distribute an informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child SB3733 Engrossed - 111 - LRB096 19592 AMC 34984 b abuse, neglect, or abandonment or who were born to substance-abusing mothers.
As a part of the program, the Department may develop, publish, and distribute an informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child SB3733 Enrolled - 111 - LRB096 19592 AMC 34984 b abuse, neglect, or abandonment or who were born to substance-abusing mothers.
The Kinship Navigator established under the Kinship SB3733 Engrossed - 112 - LRB096 19592 AMC 34984 b Navigator Act shall coordinate the grandparent child care program under this Section with the programs and services established and administered by the Department of Human Services under the Kinship Navigator Act.
The Kinship Navigator established under the Kinship SB3733 Enrolled - 112 - LRB096 19592 AMC 34984 b Navigator Act shall coordinate the grandparent child care program under this Section with the programs and services established and administered by the Department of Human Services under the Kinship Navigator Act.
(3) Provide training for Department and private agency staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and SB3733 Engrossed - 113 - LRB096 19592 AMC 34984 b ill caregivers, who wish to make future care and custody plans for children who have been wards of the Department and who are or will be adopted by or are or will become wards of those caregivers.
(3) Provide training for Department and private agency staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and SB3733 Enrolled - 113 - LRB096 19592 AMC 34984 b ill caregivers, who wish to make future care and custody plans for children who have been wards of the Department and who are or will be adopted by or are or will become wards of those caregivers.
Social work services SB3733 Engrossed - 114 - LRB096 19592 AMC 34984 b to caregivers will have the goal of securing a future care and custody plan for children in their care.
Social work services SB3733 Enrolled - 114 - LRB096 19592 AMC 34984 b to caregivers will have the goal of securing a future care and custody plan for children in their care.
The program will also study ways in which to provide timely and cost-effective legal services to older and ill caregivers, and to families of deceased caregivers in order to ensure permanency SB3733 Engrossed - 115 - LRB096 19592 AMC 34984 b for children in their care.
The program will also study ways in which to provide timely and cost-effective legal services to older and ill caregivers, and to families of deceased caregivers in order to ensure permanency SB3733 Enrolled - 115 - LRB096 19592 AMC 34984 b for children in their care.
(10) Provide additional services as needed to families SB3733 Engrossed - 116 - LRB096 19592 AMC 34984 b in which a designated caregiver appointed by the court or a caregiver designated in a will or other legal document cannot or will not fulfill the responsibilities as adoptive parent, guardian, or legal custodian of the child.
(10) Provide additional services as needed to families SB3733 Enrolled - 116 - LRB096 19592 AMC 34984 b in which a designated caregiver appointed by the court or a caregiver designated in a will or other legal document cannot or will not fulfill the responsibilities as adoptive parent, guardian, or legal custodian of the child.
The Child Death Review Teams Executive Council may, from funds appropriated by the Illinois General Assembly to the Department and provided to the Child Death Review Teams Executive Council for this purpose, or from funds that may SB3733 Engrossed - 117 - LRB096 19592 AMC 34984 b otherwise be provided for this purpose from other public or private sources, establish a 3-year pilot program in the Southern Region of the State, as designated by the Department, under which a special Child Death Investigation Task Force will be created by the Child Death Review Teams Executive Council to develop and implement a plan for the investigation of sudden, unexpected, or unexplained deaths of children under 18 years of age occurring within that region.
The Child Death Review Teams Executive Council may, from funds appropriated by the Illinois General Assembly to the Department and provided to the Child Death Review Teams Executive Council for this purpose, or from funds that may SB3733 Enrolled - 117 - LRB096 19592 AMC 34984 b otherwise be provided for this purpose from other public or private sources, establish a 3-year pilot program in the Southern Region of the State, as designated by the Department, under which a special Child Death Investigation Task Force will be created by the Child Death Review Teams Executive Council to develop and implement a plan for the investigation of sudden, unexpected, or unexplained deaths of children under 18 years of age occurring within that region.
By January 1, 2010, the Child Death Review Teams Executive Council shall submit a report to the Director, the General Assembly, and the Governor summarizing the results of the pilot program together with any recommendations for statewide implementation of a SB3733 Engrossed - 118 - LRB096 19592 AMC 34984 b protocol for the investigation of investigating all sudden, unexpected, or unexplained child deaths.
By January 1, 2010, the Child Death Review Teams Executive Council shall submit a report to the Director, the General Assembly, and the Governor summarizing the results of the pilot program together with any recommendations for statewide implementation of a SB3733 Enrolled - 118 - LRB096 19592 AMC 34984 b protocol for the investigation of investigating all sudden, unexpected, or unexplained child deaths.
It is also the express intent of the General Assembly to authorize the Inspector General to investigate alleged or suspected cases of abuse, neglect, or financial exploitation of adults with SB3733 Engrossed - 119 - LRB096 19592 AMC 34984 b disabilities living in domestic settings in the community under the Abuse of Adults with Disabilities Intervention Act.
It is also the express intent of the General Assembly to authorize the Inspector General to investigate alleged or suspected cases of abuse, neglect, or financial exploitation of adults with SB3733 Enrolled - 119 - LRB096 19592 AMC 34984 b disabilities living in domestic settings in the community under the Abuse of Adults with Disabilities Intervention Act.
SB3733 Engrossed - 120 - LRB096 19592 AMC 34984 b "Department" means the Department of Human Services.
SB3733 Enrolled - 120 - LRB096 19592 AMC 34984 b "Department" means the Department of Human Services.
"Financial exploitation" means taking unjust advantage of SB3733 Engrossed - 121 - LRB096 19592 AMC 34984 b an individual's assets, property, or financial resources through deception, intimidation, or conversion for the employee's, facility's, or agency's own advantage or benefit.
"Financial exploitation" means taking unjust advantage of SB3733 Enrolled - 121 - LRB096 19592 AMC 34984 b an individual's assets, property, or financial resources through deception, intimidation, or conversion for the employee's, facility's, or agency's own advantage or benefit.
"Mitigating circumstance" means a condition that (i) is attendant to a finding, (ii) does not excuse or justify the conduct in question, but (iii) may be considered in evaluating the severity of the conduct, the culpability of the accused, or both the severity of the conduct and the culpability of the SB3733 Engrossed - 122 - LRB096 19592 AMC 34984 b accused.
"Mitigating circumstance" means a condition that (i) is attendant to a finding, (ii) does not excuse or justify the conduct in question, but (iii) may be considered in evaluating the severity of the conduct, the culpability of the accused, or both the severity of the conduct and the culpability of the SB3733 Enrolled - 122 - LRB096 19592 AMC 34984 b accused.
"Sexual abuse" means any sexual contact or intimate physical contact between an employee and an individual, SB3733 Engrossed - 123 - LRB096 19592 AMC 34984 b including an employee's coercion or encouragement of an individual to engage in sexual behavior that results in sexual contact, intimate physical contact, sexual behavior, or intimate physical behavior.
"Sexual abuse" means any sexual contact or intimate physical contact between an employee and an individual, SB3733 Enrolled - 123 - LRB096 19592 AMC 34984 b including an employee's coercion or encouragement of an individual to engage in sexual behavior that results in sexual contact, intimate physical contact, sexual behavior, or intimate physical behavior.
The Inspector General shall investigate reports of suspected mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation of SB3733 Engrossed - 124 - LRB096 19592 AMC 34984 b individuals in any mental health or developmental disabilities facility or agency and shall have authority to take immediate action to prevent any one or more of the following from happening to individuals under its jurisdiction:
The Inspector General shall investigate reports of suspected mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation of SB3733 Enrolled - 124 - LRB096 19592 AMC 34984 b individuals in any mental health or developmental disabilities facility or agency and shall have authority to take immediate action to prevent any one or more of the following from happening to individuals under its jurisdiction:
The Inspector General shall have no supervision over, or involvement in, the SB3733 Engrossed - 125 - LRB096 19592 AMC 34984 b routine programmatic, licensing, funding, or certification operations of the Department.
The Inspector General shall have no supervision over, or involvement in, the SB3733 Enrolled - 125 - LRB096 19592 AMC 34984 b routine programmatic, licensing, funding, or certification operations of the Department.
The Inspector General shall (i) establish a comprehensive program to ensure that every person authorized to conduct investigations receives ongoing training relative to investigation techniques, communication skills, SB3733 Engrossed - 126 - LRB096 19592 AMC 34984 b and the appropriate means of interacting with persons receiving treatment for mental illness, developmental disability, or both mental illness and developmental disability, and (ii) establish and conduct periodic training programs for facility and agency employees concerning the prevention and reporting of any one or more of the following:
The Inspector General shall (i) establish a comprehensive program to ensure that every person authorized to conduct investigations receives ongoing training relative to investigation techniques, communication skills, SB3733 Enrolled - 126 - LRB096 19592 AMC 34984 b and the appropriate means of interacting with persons receiving treatment for mental illness, developmental disability, or both mental illness and developmental disability, and (ii) establish and conduct periodic training programs for facility and agency employees concerning the prevention and reporting of any one or more of the following:
(2) Any employee who fails to cooperate with an Office of the Inspector General investigation is in violation of SB3733 Engrossed - 127 - LRB096 19592 AMC 34984 b this Act.
(2) Any employee who fails to cooperate with an Office of the Inspector General investigation is in violation of SB3733 Enrolled - 127 - LRB096 19592 AMC 34984 b this Act.
Any person who otherwise fails to respond to a subpoena or who knowingly provides false information to the Office of the Inspector SB3733 Engrossed - 128 - LRB096 19592 AMC 34984 b General by subpoena during an investigation is guilty of a Class A misdemeanor.
Any person who otherwise fails to respond to a subpoena or who knowingly provides false information to the Office of the Inspector SB3733 Enrolled - 128 - LRB096 19592 AMC 34984 b General by subpoena during an investigation is guilty of a Class A misdemeanor.
(ii) Any death of an individual occurring within 24 hours after deflection from a residential program or SB3733 Engrossed - 129 - LRB096 19592 AMC 34984 b facility.
(ii) Any death of an individual occurring within 24 hours after deflection from a residential program or SB3733 Enrolled - 129 - LRB096 19592 AMC 34984 b facility.
Within 10 business days after the transmittal of a completed SB3733 Engrossed - 130 - LRB096 19592 AMC 34984 b investigative report substantiating an allegation, or if a recommendation is made, the Inspector General shall provide the investigative report on the case to the Secretary and to the director of the facility or agency where any one or more of the following occurred:
Within 10 business days after the transmittal of a completed SB3733 Enrolled - 130 - LRB096 19592 AMC 34984 b investigative report substantiating an allegation, or if a recommendation is made, the Inspector General shall provide the investigative report on the case to the Secretary and to the director of the facility or agency where any one or more of the following occurred:
If the allegations are substantiated, the accused shall be provided with a redacted copy of the investigative SB3733 Engrossed - 131 - LRB096 19592 AMC 34984 b report.
If the allegations are substantiated, the accused shall be provided with a redacted copy of the investigative SB3733 Enrolled - 131 - LRB096 19592 AMC 34984 b report.
This information shall SB3733 Engrossed - 132 - LRB096 19592 AMC 34984 b include whether the allegations were deemed substantiated, unsubstantiated, or unfounded.
This information shall SB3733 Enrolled - 132 - LRB096 19592 AMC 34984 b include whether the allegations were deemed substantiated, unsubstantiated, or unfounded.
The Inspector General shall conduct a review of any implementation plan that takes more than 120 days after approval to complete, and shall monitor compliance through a random review of approved written responses, which may include, SB3733 Engrossed - 133 - LRB096 19592 AMC 34984 b but are not limited to:
The Inspector General shall conduct a review of any implementation plan that takes more than 120 days after approval to complete, and shall monitor compliance through a random review of approved written responses, which may include, SB3733 Enrolled - 133 - LRB096 19592 AMC 34984 b but are not limited to:
The Inspector General shall report to the Department of Public Health's health care worker registry, a public registry, the identity and finding of each employee of a facility or agency against whom there is a final investigative report containing a substantiated allegation of physical or sexual abuse or SB3733 Engrossed - 134 - LRB096 19592 AMC 34984 b egregious neglect of an individual.
The Inspector General shall report to the Department of Public Health's health care worker registry, a public registry, the identity and finding of each employee of a facility or agency against whom there is a final investigative report containing a substantiated allegation of physical or sexual abuse or SB3733 Enrolled - 134 - LRB096 19592 AMC 34984 b egregious neglect of an individual.
The Department shall bear the burden of presenting evidence that establishes, by a preponderance of the evidence, that the substantiated SB3733 Engrossed - 135 - LRB096 19592 AMC 34984 b finding warrants reporting to the registry.
The Department shall bear the burden of presenting evidence that establishes, by a preponderance of the evidence, that the substantiated SB3733 Enrolled - 135 - LRB096 19592 AMC 34984 b finding warrants reporting to the registry.
No reporting to the registry shall occur and no hearing shall be set or proceed if an employee notifies the Inspector General in writing, including any supporting documentation, that he or she is formally contesting an SB3733 Engrossed - 136 - LRB096 19592 AMC 34984 b adverse employment action resulting from a substantiated finding by complaint filed with the Illinois Civil Service Commission, or which otherwise seeks to enforce the employee's rights pursuant to any applicable collective bargaining agreement.
No reporting to the registry shall occur and no hearing shall be set or proceed if an employee notifies the Inspector General in writing, including any supporting documentation, that he or she is formally contesting an SB3733 Enrolled - 136 - LRB096 19592 AMC 34984 b adverse employment action resulting from a substantiated finding by complaint filed with the Illinois Civil Service Commission, or which otherwise seeks to enforce the employee's rights pursuant to any applicable collective bargaining agreement.
The Department SB3733 Engrossed - 137 - LRB096 19592 AMC 34984 b shall preserve a record of all proceedings at any formal hearing conducted by the Department involving health care worker registry hearings.
The Department SB3733 Enrolled - 137 - LRB096 19592 AMC 34984 b shall preserve a record of all proceedings at any formal hearing conducted by the Department involving health care worker registry hearings.
The Board shall meet quarterly, and may hold other meetings SB3733 Engrossed - 138 - LRB096 19592 AMC 34984 b on the call of the chairman.
The Board shall meet quarterly, and may hold other meetings SB3733 Enrolled - 138 - LRB096 19592 AMC 34984 b on the call of the chairman.
The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to individuals receiving mental health or developmental SB3733 Engrossed - 139 - LRB096 19592 AMC 34984 b disabilities services.
The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to individuals receiving mental health or developmental SB3733 Enrolled - 139 - LRB096 19592 AMC 34984 b disabilities services.
(x) Nothing in this Section shall be construed to mean that a patient is a victim of abuse or neglect because of health care services appropriately provided or not provided by health SB3733 Engrossed - 140 - LRB096 19592 AMC 34984 b care professionals.
(x) Nothing in this Section shall be construed to mean that a patient is a victim of abuse or neglect because of health care services appropriately provided or not provided by health SB3733 Enrolled - 140 - LRB096 19592 AMC 34984 b care professionals.
To that end, the Office of the Inspector General for the Department of Human Services is created to investigate and report upon allegations of the abuse, neglect, or financial exploitation of individuals receiving services within mental health facilities, developmental disabilities SB3733 Engrossed - 141 - LRB096 19592 AMC 34984 b facilities, and community agencies operated, licensed, funded or certified by the Department of Human Services, but not licensed or certified by any other State agency.
To that end, the Office of the Inspector General for the Department of Human Services is created to investigate and report upon allegations of the abuse, neglect, or financial exploitation of individuals receiving services within mental health facilities, developmental disabilities SB3733 Enrolled - 141 - LRB096 19592 AMC 34984 b facilities, and community agencies operated, licensed, funded or certified by the Department of Human Services, but not licensed or certified by any other State agency.
SB3733 Engrossed - 142 - LRB096 19592 AMC 34984 b "Day" means working day, unless otherwise specified.
SB3733 Enrolled - 142 - LRB096 19592 AMC 34984 b "Day" means working day, unless otherwise specified.
This SB3733 Engrossed - 143 - LRB096 19592 AMC 34984 b includes but is not limited to:
This SB3733 Enrolled - 143 - LRB096 19592 AMC 34984 b includes but is not limited to:
SB3733 Engrossed - 144 - LRB096 19592 AMC 34984 b "Mentally ill" means having a mental illness.
SB3733 Enrolled - 144 - LRB096 19592 AMC 34984 b "Mentally ill" means having a mental illness.
"Required reporter" means any employee who suspects, witnesses, or is informed of an allegation of any one or more SB3733 Engrossed - 145 - LRB096 19592 AMC 34984 b of the following:
"Required reporter" means any employee who suspects, witnesses, or is informed of an allegation of any one or more SB3733 Enrolled - 145 - LRB096 19592 AMC 34984 b of the following:
The Inspector General shall function independently within the Department with respect to the operations of the Office, including the performance of investigations and issuance of findings and SB3733 Engrossed - 146 - LRB096 19592 AMC 34984 b recommendations.
The Inspector General shall function independently within the Department with respect to the operations of the Office, including the performance of investigations and issuance of findings and SB3733 Enrolled - 146 - LRB096 19592 AMC 34984 b recommendations.
Allegations of misconduct under the State Officials and Employees Ethics Act shall be referred to the Office of the Governor's Executive Inspector SB3733 Engrossed - 147 - LRB096 19592 AMC 34984 b General for investigation.
Allegations of misconduct under the State Officials and Employees Ethics Act shall be referred to the Office of the Governor's Executive Inspector SB3733 Enrolled - 147 - LRB096 19592 AMC 34984 b General for investigation.
The rules shall further clarify the method and circumstances under which the Office of Inspector General may interact with the licensing, funding, or certification units of the Department in preventing further occurrences of mental abuse, physical SB3733 Engrossed - 148 - LRB096 19592 AMC 34984 b abuse, sexual abuse, neglect, egregious neglect, and financial exploitation.
The rules shall further clarify the method and circumstances under which the Office of Inspector General may interact with the licensing, funding, or certification units of the Department in preventing further occurrences of mental abuse, physical SB3733 Enrolled - 148 - LRB096 19592 AMC 34984 b abuse, sexual abuse, neglect, egregious neglect, and financial exploitation.
The Inspector General shall conduct unannounced site visits to each facility at least annually for the purpose of reviewing and making recommendations on systemic issues SB3733 Engrossed - 149 - LRB096 19592 AMC 34984 b relative to preventing, reporting, investigating, and responding to all of the following:
The Inspector General shall conduct unannounced site visits to each facility at least annually for the purpose of reviewing and making recommendations on systemic issues SB3733 Enrolled - 149 - LRB096 19592 AMC 34984 b relative to preventing, reporting, investigating, and responding to all of the following:
This subpoena power shall not extend to persons or documents of a SB3733 Engrossed - 150 - LRB096 19592 AMC 34984 b labor organization or its representatives insofar as the persons are acting in a representative capacity to an employee whose conduct is the subject of an investigation or the documents relate to that representation.
This subpoena power shall not extend to persons or documents of a SB3733 Enrolled - 150 - LRB096 19592 AMC 34984 b labor organization or its representatives insofar as the persons are acting in a representative capacity to an employee whose conduct is the subject of an investigation or the documents relate to that representation.
Absent an allegation, a required reporter shall, within 24 hours after initial discovery, report by phone to the Office of the Inspector General hotline each SB3733 Engrossed - 151 - LRB096 19592 AMC 34984 b of the following:
Absent an allegation, a required reporter shall, within 24 hours after initial discovery, report by phone to the Office of the Inspector General hotline each SB3733 Enrolled - 151 - LRB096 19592 AMC 34984 b of the following:
All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal SB3733 Engrossed - 152 - LRB096 19592 AMC 34984 b prosecution.
All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal SB3733 Enrolled - 152 - LRB096 19592 AMC 34984 b prosecution.
Raw data used to compile the investigative report shall not be subject to release unless required by law SB3733 Engrossed - 153 - LRB096 19592 AMC 34984 b or a court order.
Raw data used to compile the investigative report shall not be subject to release unless required by law SB3733 Enrolled - 153 - LRB096 19592 AMC 34984 b or a court order.
SB3733 Engrossed - 154 - LRB096 19592 AMC 34984 b (o) Disclosure of the finding by the Inspector General.
SB3733 Enrolled - 154 - LRB096 19592 AMC 34984 b (o) Disclosure of the finding by the Inspector General.
If the action has not been completed SB3733 Engrossed - 155 - LRB096 19592 AMC 34984 b within the additional 30 day period, the facility or agency shall send updated implementation reports every 60 days until completion.
If the action has not been completed SB3733 Enrolled - 155 - LRB096 19592 AMC 34984 b within the additional 30 day period, the facility or agency shall send updated implementation reports every 60 days until completion.
SB3733 Engrossed - 156 - LRB096 19592 AMC 34984 b (1) Reporting to the registry.
SB3733 Enrolled - 156 - LRB096 19592 AMC 34984 b (1) Reporting to the registry.
SB3733 Engrossed - 157 - LRB096 19592 AMC 34984 b (3) Registry hearings.
SB3733 Enrolled - 157 - LRB096 19592 AMC 34984 b (3) Registry hearings.
Testimony at hearings is exempt from the confidentiality SB3733 Engrossed - 158 - LRB096 19592 AMC 34984 b requirements of subsection (f) of Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act.
Testimony at hearings is exempt from the confidentiality SB3733 Enrolled - 158 - LRB096 19592 AMC 34984 b requirements of subsection (f) of Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act.
Upon receipt of such request, an administrative hearing will be set by the SB3733 Engrossed - 159 - LRB096 19592 AMC 34984 b Department.
Upon receipt of such request, an administrative hearing will be set by the SB3733 Enrolled - 159 - LRB096 19592 AMC 34984 b Department.
Members appointed by the Governor shall be qualified by professional knowledge or experience in the area of law, investigatory techniques, or in the area of care of the SB3733 Engrossed - 160 - LRB096 19592 AMC 34984 b mentally ill or developmentally disabled.
Members appointed by the Governor shall be qualified by professional knowledge or experience in the area of law, investigatory techniques, or in the area of care of the SB3733 Enrolled - 160 - LRB096 19592 AMC 34984 b mentally ill or developmentally disabled.
(4) Recommend policies concerning methods for improving the intergovernmental relationships between the SB3733 Engrossed - 161 - LRB096 19592 AMC 34984 b Office of the Inspector General and other State or federal offices.
(4) Recommend policies concerning methods for improving the intergovernmental relationships between the SB3733 Enrolled - 161 - LRB096 19592 AMC 34984 b Office of the Inspector General and other State or federal offices.
The SB3733 Engrossed - 162 - LRB096 19592 AMC 34984 b Auditor General shall conduct the program audit according to the provisions of the Illinois State Auditing Act and shall report its findings to the General Assembly no later than January 1 following the audit period.
The SB3733 Enrolled - 162 - LRB096 19592 AMC 34984 b Auditor General shall conduct the program audit according to the provisions of the Illinois State Auditing Act and shall report its findings to the General Assembly no later than January 1 following the audit period.
SB3733 Engrossed - 163 - LRB096 19592 AMC 34984 b (20 ILCS 1710/1710-1) Sec.
SB3733 Enrolled - 163 - LRB096 19592 AMC 34984 b (20 ILCS 1710/1710-1) Sec.
(3) To pass upon the qualifications of applicants for licenses, certificates, and authorities, whether by SB3733 Engrossed - 164 - LRB096 19592 AMC 34984 b examination, by reciprocity, or by endorsement.
(3) To pass upon the qualifications of applicants for licenses, certificates, and authorities, whether by SB3733 Enrolled - 164 - LRB096 19592 AMC 34984 b examination, by reciprocity, or by endorsement.
The Department shall issue a monthly SB3733 Engrossed - 165 - LRB096 19592 AMC 34984 b disciplinary report.
The Department shall issue a monthly SB3733 Enrolled - 165 - LRB096 19592 AMC 34984 b disciplinary report.
The Department, without further process or hearings, shall revoke, suspend, or deny any license or renewal SB3733 Engrossed - 166 - LRB096 19592 AMC 34984 b authorized by the Civil Administrative Code of Illinois to a person who is certified by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) as being more than 30 days delinquent in complying with a child support order or who is certified by a court as being in violation of the Non-Support Punishment Act for more than 60 days.
The Department, without further process or hearings, shall revoke, suspend, or deny any license or renewal SB3733 Enrolled - 166 - LRB096 19592 AMC 34984 b authorized by the Civil Administrative Code of Illinois to a person who is certified by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) as being more than 30 days delinquent in complying with a child support order or who is certified by a court as being in violation of the Non-Support Punishment Act for more than 60 days.
(7) To formulate rules and regulations necessary for SB3733 Engrossed - 167 - LRB096 19592 AMC 34984 b the enforcement of any Act administered by the Department.
(7) To formulate rules and regulations necessary for SB3733 Enrolled - 167 - LRB096 19592 AMC 34984 b the enforcement of any Act administered by the Department.
(a-5) Except in cases involving default on an educational loan or scholarship provided by or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State or in cases involving delinquency in complying with a child support order or violation of the Non-Support Punishment Act, no person or entity whose license, certificate, or authority has been revoked as authorized in any licensing Act administered by the Department may apply for restoration of SB3733 Engrossed - 168 - LRB096 19592 AMC 34984 b that license, certification, or authority until 3 years after the effective date of the revocation.
(a-5) Except in cases involving default on an educational loan or scholarship provided by or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State or in cases involving delinquency in complying with a child support order or violation of the Non-Support Punishment Act, no person or entity whose license, certificate, or authority has been revoked as authorized in any licensing Act administered by the Department may apply for restoration of SB3733 Enrolled - 168 - LRB096 19592 AMC 34984 b that license, certification, or authority until 3 years after the effective date of the revocation.
Sums for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities and other activities as set forth in this Section shall be advanced to the agent who is to make the purchase from the SB3733 Engrossed - 169 - LRB096 19592 AMC 34984 b Professional Regulation Evidence Fund on vouchers signed by the Director.
Sums for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities and other activities as set forth in this Section shall be advanced to the agent who is to make the purchase from the SB3733 Enrolled - 169 - LRB096 19592 AMC 34984 b Professional Regulation Evidence Fund on vouchers signed by the Director.
SB3733 Engrossed - 170 - LRB096 19592 AMC 34984 b (f) Beginning July 1, 1995, this Section does not apply to those professions, trades, and occupations licensed under the Real Estate License Act of 2000, nor does it apply to any permits, certificates, or other authorizations to do business provided for in the Land Sales Registration Act of 1989 or the Illinois Real Estate Time-Share Act.
SB3733 Enrolled - 170 - LRB096 19592 AMC 34984 b (f) Beginning July 1, 1995, this Section does not apply to those professions, trades, and occupations licensed under the Real Estate License Act of 2000, nor does it apply to any permits, certificates, or other authorizations to do business provided for in the Land Sales Registration Act of 1989 or the Illinois Real Estate Time-Share Act.
In addition, a complaint filed with the Department by the Illinois Department of Revenue that includes a certification, signed by its Director or designee, attesting to the amount of the unpaid tax liability or the years for which a return was not filed, or both, is prima facia evidence of the licensee's failure to comply with the tax laws administered by the SB3733 Engrossed - 171 - LRB096 19592 AMC 34984 b Illinois Department of Revenue.
In addition, a complaint filed with the Department by the Illinois Department of Revenue that includes a certification, signed by its Director or designee, attesting to the amount of the unpaid tax liability or the years for which a return was not filed, or both, is prima facia evidence of the licensee's failure to comply with the tax laws administered by the SB3733 Enrolled - 171 - LRB096 19592 AMC 34984 b Illinois Department of Revenue.
Any person without an active license, registration, or certificate in a profession that requires licensure, registration, or SB3733 Engrossed - 172 - LRB096 19592 AMC 34984 b certification shall not be permitted to practice that profession.
Any person without an active license, registration, or certificate in a profession that requires licensure, registration, or SB3733 Enrolled - 172 - LRB096 19592 AMC 34984 b certification shall not be permitted to practice that profession.
(a) Subject to appropriation, the Department shall SB3733 Engrossed - 173 - LRB096 19592 AMC 34984 b establish and administer a program to award capital grants to Illinois hospitals licensed under the Hospital Licensing Act.
(a) Subject to appropriation, the Department shall SB3733 Enrolled - 173 - LRB096 19592 AMC 34984 b establish and administer a program to award capital grants to Illinois hospitals licensed under the Hospital Licensing Act.
The Department shall approve a hospital's eligibility for a SB3733 Engrossed - 174 - LRB096 19592 AMC 34984 b hospital capital investment grant pursuant to the standards established by this Section.
The Department shall approve a hospital's eligibility for a SB3733 Enrolled - 174 - LRB096 19592 AMC 34984 b hospital capital investment grant pursuant to the standards established by this Section.
(1) Any general acute care hospital located in a county of over 3,000,000 inhabitants that has a Medicaid inpatient utilization rate for the rate year beginning on October 1, SB3733 Engrossed - 175 - LRB096 19592 AMC 34984 b 2008 greater than 43%, that is not affiliated with a hospital system that owns or operates more than 3 hospitals, and that has more than 13,500 Medicaid inpatient days.
(1) Any general acute care hospital located in a county of over 3,000,000 inhabitants that has a Medicaid inpatient utilization rate for the rate year beginning on October 1, SB3733 Enrolled - 175 - LRB096 19592 AMC 34984 b 2008 greater than 43%, that is not affiliated with a hospital system that owns or operates more than 3 hospitals, and that has more than 13,500 Medicaid inpatient days.
The Department shall make a SB3733 Engrossed - 176 - LRB096 19592 AMC 34984 b one-time capital grant to any public or not-for-profit hospitals located in counties of less than 3,000,000 inhabitants that are not otherwise eligible for a grant under subsection (b) of this Section and that have a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 of at least 10%.
The Department shall make a SB3733 Enrolled - 176 - LRB096 19592 AMC 34984 b one-time capital grant to any public or not-for-profit hospitals located in counties of less than 3,000,000 inhabitants that are not otherwise eligible for a grant under subsection (b) of this Section and that have a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 of at least 10%.
"General acute care hospital" shall have the same meaning as general acute care hospital in Section 5A-12.2 of the SB3733 Engrossed - 177 - LRB096 19592 AMC 34984 b Illinois Public Aid Code.
"General acute care hospital" shall have the same meaning as general acute care hospital in Section 5A-12.2 of the SB3733 Enrolled - 177 - LRB096 19592 AMC 34984 b Illinois Public Aid Code.
(a) In this Section, "neonatal diabetes mellitus research institution" means an Illinois academic medical research institution that (i) conducts research in the area of diabetes SB3733 Engrossed - 178 - LRB096 19592 AMC 34984 b mellitus with onset before 12 months of age and (ii) is functioning in this capacity as of the effective date of this amendatory Act of the 96th General Assembly.
(a) In this Section, "neonatal diabetes mellitus research institution" means an Illinois academic medical research institution that (i) conducts research in the area of diabetes SB3733 Enrolled - 178 - LRB096 19592 AMC 34984 b mellitus with onset before 12 months of age and (ii) is functioning in this capacity as of the effective date of this amendatory Act of the 96th General Assembly.
and SB3733 Engrossed - 179 - LRB096 19592 AMC 34984 b (4) to help identify new genes responsible for diabetes.
and SB3733 Enrolled - 179 - LRB096 19592 AMC 34984 b (4) to help identify new genes responsible for diabetes.
At initial consultation, the physician, healthcare provider, or laboratory representative SB3733 Engrossed - 180 - LRB096 19592 AMC 34984 b shall provide the patient with a copy of the consent form and orally review the form together with the patient in order to obtain the informed consent of the patient and the physician's, or healthcare provider's, or laboratory's agreement to participate in the pilot program.
At initial consultation, the physician, healthcare provider, or laboratory representative SB3733 Enrolled - 180 - LRB096 19592 AMC 34984 b shall provide the patient with a copy of the consent form and orally review the form together with the patient in order to obtain the informed consent of the patient and the physician's, or healthcare provider's, or laboratory's agreement to participate in the pilot program.
(A) the prevalence and incidence of monogenic neonatal diabetes mellitus among people tested in this SB3733 Engrossed - 181 - LRB096 19592 AMC 34984 b State;
(A) the prevalence and incidence of monogenic neonatal diabetes mellitus among people tested in this SB3733 Enrolled - 181 - LRB096 19592 AMC 34984 b State;
SB3733 Engrossed - 182 - LRB096 19592 AMC 34984 b (2) with the consent of each person identified in the information;
SB3733 Enrolled - 182 - LRB096 19592 AMC 34984 b (2) with the consent of each person identified in the information;
SB3733 Engrossed - 183 - LRB096 19592 AMC 34984 b (Source:
SB3733 Enrolled - 183 - LRB096 19592 AMC 34984 b (Source:
In addition, conservation SB3733 Engrossed - 184 - LRB096 19592 AMC 34984 b offenses, as defined in the Supreme Court Rule 501(c), that are classified as Class B misdemeanors shall not be reported.
In addition, conservation SB3733 Enrolled - 184 - LRB096 19592 AMC 34984 b offenses, as defined in the Supreme Court Rule 501(c), that are classified as Class B misdemeanors shall not be reported.
(b) The Department shall develop and implement a life-cycle SB3733 Engrossed - 185 - LRB096 19592 AMC 34984 b cost analysis for each State road project under its jurisdiction for which the total pavement costs exceed $500,000 funded in whole, or in part, with State or State-appropriated funds.
(b) The Department shall develop and implement a life-cycle SB3733 Enrolled - 185 - LRB096 19592 AMC 34984 b cost analysis for each State road project under its jurisdiction for which the total pavement costs exceed $500,000 funded in whole, or in part, with State or State-appropriated funds.
8-25-09.) SB3733 Engrossed - 186 - LRB096 19592 AMC 34984 b (20 ILCS 2705/2705-593) (This Section may contain text from a Public Act with a delayed effective date) Sec.
8-25-09.) SB3733 Enrolled - 186 - LRB096 19592 AMC 34984 b (20 ILCS 2705/2705-593) (This Section may contain text from a Public Act with a delayed effective date) Sec.
The IL UCP's 5 participating agencies shall maintain the Directory to provide a reference source to assist SB3733 Engrossed - 187 - LRB096 19592 AMC 34984 b bidders and proposers in meeting DBE contract goals.
The IL UCP's 5 participating agencies shall maintain the Directory to provide a reference source to assist SB3733 Enrolled - 187 - LRB096 19592 AMC 34984 b bidders and proposers in meeting DBE contract goals.
On and after the effective date of this amendatory Act of the 94th General Assembly, the Board shall initiate a series of training workshops across the State to increase awareness and SB3733 Engrossed - 188 - LRB096 19592 AMC 34984 b understanding of green building techniques and green building rating systems.
On and after the effective date of this amendatory Act of the 94th General Assembly, the Board shall initiate a series of training workshops across the State to increase awareness and SB3733 Enrolled - 188 - LRB096 19592 AMC 34984 b understanding of green building techniques and green building rating systems.
In addition to using a green building rating system in the building design process, the Committee shall consider the feasibility of requiring SB3733 Engrossed - 189 - LRB096 19592 AMC 34984 b certain State construction projects to be certified using a green building rating system.
In addition to using a green building rating system in the building design process, the Committee shall consider the feasibility of requiring SB3733 Enrolled - 189 - LRB096 19592 AMC 34984 b certain State construction projects to be certified using a green building rating system.
(b) The Illinois Emergency Management Agency shall obtain, under the provisions of the Personnel Code, technical, SB3733 Engrossed - 190 - LRB096 19592 AMC 34984 b clerical, stenographic and other administrative personnel, and may make expenditures within the appropriation therefor as may be necessary to carry out the purpose of this Act.
(b) The Illinois Emergency Management Agency shall obtain, under the provisions of the Personnel Code, technical, SB3733 Enrolled - 190 - LRB096 19592 AMC 34984 b clerical, stenographic and other administrative personnel, and may make expenditures within the appropriation therefor as may be necessary to carry out the purpose of this Act.
These personnel shall consult with emergency services and disaster agencies on a regular basis and shall make field examinations of the areas, circumstances, and conditions that particular political SB3733 Engrossed - 191 - LRB096 19592 AMC 34984 b subdivision emergency operations plans are intended to apply.
These personnel shall consult with emergency services and disaster agencies on a regular basis and shall make field examinations of the areas, circumstances, and conditions that particular political SB3733 Enrolled - 191 - LRB096 19592 AMC 34984 b subdivision emergency operations plans are intended to apply.
(2.5) Develop a comprehensive emergency preparedness and response plan for any nuclear accident in accordance with Section 65 of the Department of Nuclear Safety Law of SB3733 Engrossed - 192 - LRB096 19592 AMC 34984 b 2004 (20 ILCS 3310) and in development of the Illinois Nuclear Safety Preparedness program in accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act.
(2.5) Develop a comprehensive emergency preparedness and response plan for any nuclear accident in accordance with Section 65 of the Department of Nuclear Safety Law of SB3733 Enrolled - 192 - LRB096 19592 AMC 34984 b 2004 (20 ILCS 3310) and in development of the Illinois Nuclear Safety Preparedness program in accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act.
(5.10) Review, evaluate, and approve, in accordance with Illinois Emergency Management Agency rules, political subdivision emergency management exercises for those political subdivisions required to have an emergency SB3733 Engrossed - 193 - LRB096 19592 AMC 34984 b services and disaster agency pursuant to this Act.
(5.10) Review, evaluate, and approve, in accordance with Illinois Emergency Management Agency rules, political subdivision emergency management exercises for those political subdivisions required to have an emergency SB3733 Enrolled - 193 - LRB096 19592 AMC 34984 b services and disaster agency pursuant to this Act.
(10) Disseminate all information, completely and without delay, on water levels for rivers and streams and any other data pertaining to potential flooding supplied by the Division of Water Resources within the Department of Natural Resources to all political subdivisions to the SB3733 Engrossed - 194 - LRB096 19592 AMC 34984 b maximum extent possible.
(10) Disseminate all information, completely and without delay, on water levels for rivers and streams and any other data pertaining to potential flooding supplied by the Division of Water Resources within the Department of Natural Resources to all political subdivisions to the SB3733 Enrolled - 194 - LRB096 19592 AMC 34984 b maximum extent possible.
In awarding such grants, preference shall be given to hospitals that serve a significant number SB3733 Engrossed - 195 - LRB096 19592 AMC 34984 b of Medicaid recipients, but do not qualify for disproportionate share hospital adjustment payments under the Illinois Public Aid Code.
In awarding such grants, preference shall be given to hospitals that serve a significant number SB3733 Enrolled - 195 - LRB096 19592 AMC 34984 b of Medicaid recipients, but do not qualify for disproportionate share hospital adjustment payments under the Illinois Public Aid Code.
and (v) any other provision that the Illinois Emergency Management Agency determines to be necessary or useful for the SB3733 Engrossed - 196 - LRB096 19592 AMC 34984 b administration of this subsection (g).
and (v) any other provision that the Illinois Emergency Management Agency determines to be necessary or useful for the SB3733 Enrolled - 196 - LRB096 19592 AMC 34984 b administration of this subsection (g).
(b) Within 30 days after receipt of complete and correct documentation of a proposed undertaking, the Director shall SB3733 Engrossed - 197 - LRB096 19592 AMC 34984 b review and comment to the agency on the likelihood that the undertaking will have an adverse effect on a historic resource.
(b) Within 30 days after receipt of complete and correct documentation of a proposed undertaking, the Director shall SB3733 Enrolled - 197 - LRB096 19592 AMC 34984 b review and comment to the agency on the likelihood that the undertaking will have an adverse effect on a historic resource.
The process may involve on-site inspections and public informational meetings SB3733 Engrossed - 198 - LRB096 19592 AMC 34984 b pursuant to regulations issued by the Historic Preservation Agency.
The process may involve on-site inspections and public informational meetings SB3733 Enrolled - 198 - LRB096 19592 AMC 34984 b pursuant to regulations issued by the Historic Preservation Agency.
SB3733 Engrossed - 199 - LRB096 19592 AMC 34984 b (f) The Mediation Committee shall consist of the Director and 5 persons appointed by the Director for terms of 3 years each, each of whom shall be no lower in rank than a division chief and each of whom shall represent a different State agency.
SB3733 Enrolled - 199 - LRB096 19592 AMC 34984 b (f) The Mediation Committee shall consist of the Director and 5 persons appointed by the Director for terms of 3 years each, each of whom shall be no lower in rank than a division chief and each of whom shall represent a different State agency.
When an undertaking involves a structure listed on the Illinois Register of Historic Places, the rules and procedures of the Illinois SB3733 Engrossed - 200 - LRB096 19592 AMC 34984 b Historic Preservation Act shall apply.
When an undertaking involves a structure listed on the Illinois Register of Historic Places, the rules and procedures of the Illinois SB3733 Enrolled - 200 - LRB096 19592 AMC 34984 b Historic Preservation Act shall apply.
SB3733 Engrossed - 201 - LRB096 19592 AMC 34984 b (20 ILCS 3805/7) (from Ch.
SB3733 Enrolled - 201 - LRB096 19592 AMC 34984 b (20 ILCS 3805/7) (from Ch.
at least 50% of the total carbon emissions that the facility would otherwise emit if, at the time construction SB3733 Engrossed - 202 - LRB096 19592 AMC 34984 b commences, the facility is scheduled to commence operation before 2016, at least 70% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation during 2016 or 2017, and at least 90% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation after 2017.
at least 50% of the total carbon emissions that the facility would otherwise emit if, at the time construction SB3733 Enrolled - 202 - LRB096 19592 AMC 34984 b commences, the facility is scheduled to commence operation before 2016, at least 70% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation during 2016 or 2017, and at least 90% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation after 2017.
SB3733 Engrossed - 203 - LRB096 19592 AMC 34984 b "Commission" means the Illinois Commerce Commission.
SB3733 Enrolled - 203 - LRB096 19592 AMC 34984 b "Commission" means the Illinois Commerce Commission.
and (5) the costs of plans, specifications, site study and investigation, installation, surveys, other Agency costs and estimates of costs, and other expenses necessary or incidental to determining the feasibility of any project, together with such other expenses as may be necessary or incidental to the financing, insuring, acquisition, and construction of a specific project and placing that project SB3733 Engrossed - 204 - LRB096 19592 AMC 34984 b in operation.
and (5) the costs of plans, specifications, site study and investigation, installation, surveys, other Agency costs and estimates of costs, and other expenses necessary or incidental to determining the feasibility of any project, together with such other expenses as may be necessary or incidental to the financing, insuring, acquisition, and construction of a specific project and placing that project SB3733 Enrolled - 204 - LRB096 19592 AMC 34984 b in operation.
"Person" means any natural person, firm, partnership, SB3733 Engrossed - 205 - LRB096 19592 AMC 34984 b corporation, either domestic or foreign, company, association, limited liability company, joint stock company, or association and includes any trustee, receiver, assignee, or personal representative thereof.
"Person" means any natural person, firm, partnership, SB3733 Enrolled - 205 - LRB096 19592 AMC 34984 b corporation, either domestic or foreign, company, association, limited liability company, joint stock company, or association and includes any trustee, receiver, assignee, or personal representative thereof.
"Renewable SB3733 Engrossed - 206 - LRB096 19592 AMC 34984 b energy resources" does not include the incineration or burning of tires, garbage, general household, institutional, and commercial waste, industrial lunchroom or office waste, landscape waste other than tree waste, railroad crossties, utility poles, or construction or demolition debris, other than untreated and unadulterated waste wood.
"Renewable SB3733 Enrolled - 206 - LRB096 19592 AMC 34984 b energy resources" does not include the incineration or burning of tires, garbage, general household, institutional, and commercial waste, industrial lunchroom or office waste, landscape waste other than tree waste, railroad crossties, utility poles, or construction or demolition debris, other than untreated and unadulterated waste wood.
"Substitute natural gas" or "SNG" means a gas manufactured SB3733 Engrossed - 207 - LRB096 19592 AMC 34984 b by gasification of hydrocarbon feedstock, which is substantially interchangeable in use and distribution with conventional natural gas.
"Substitute natural gas" or "SNG" means a gas manufactured SB3733 Enrolled - 207 - LRB096 19592 AMC 34984 b by gasification of hydrocarbon feedstock, which is substantially interchangeable in use and distribution with conventional natural gas.
SB3733 Engrossed - 208 - LRB096 19592 AMC 34984 b 8-10-09;
SB3733 Enrolled - 208 - LRB096 19592 AMC 34984 b 8-10-09;
municipal electric systems, governmental aggregators, or rural electric SB3733 Engrossed - 209 - LRB096 19592 AMC 34984 b cooperatives in Illinois.
municipal electric systems, governmental aggregators, or rural electric SB3733 Enrolled - 209 - LRB096 19592 AMC 34984 b cooperatives in Illinois.
(6) To acquire real or personal property, whether tangible or intangible, including without limitation property rights, interests in property, franchises, obligations, contracts, and debt and equity securities, and to do so by the exercise of the power of eminent domain SB3733 Engrossed - 210 - LRB096 19592 AMC 34984 b in accordance with Section 1-21;
(6) To acquire real or personal property, whether tangible or intangible, including without limitation property rights, interests in property, franchises, obligations, contracts, and debt and equity securities, and to do so by the exercise of the power of eminent domain SB3733 Enrolled - 210 - LRB096 19592 AMC 34984 b in accordance with Section 1-21;
(10) To lend money, invest and reinvest its funds in SB3733 Engrossed - 211 - LRB096 19592 AMC 34984 b accordance with the Public Funds Investment Act, and take and hold real and personal property as security for the payment of funds loaned or invested.
(10) To lend money, invest and reinvest its funds in SB3733 Enrolled - 211 - LRB096 19592 AMC 34984 b accordance with the Public Funds Investment Act, and take and hold real and personal property as security for the payment of funds loaned or invested.
SB3733 Engrossed - 212 - LRB096 19592 AMC 34984 b (15) To file a petition under Chapter 9 of Title 11 of the United States Bankruptcy Code or take other similar action for the adjustment of its debts.
SB3733 Enrolled - 212 - LRB096 19592 AMC 34984 b (15) To file a petition under Chapter 9 of Title 11 of the United States Bankruptcy Code or take other similar action for the adjustment of its debts.
(22) To engage in any activity or operation that is incidental to and in furtherance of efficient operation to SB3733 Engrossed - 213 - LRB096 19592 AMC 34984 b accomplish the Agency's purposes.
(22) To engage in any activity or operation that is incidental to and in furtherance of efficient operation to SB3733 Enrolled - 213 - LRB096 19592 AMC 34984 b accomplish the Agency's purposes.
(b) The Illinois Power Agency Renewable Energy Resources SB3733 Engrossed - 214 - LRB096 19592 AMC 34984 b Fund shall be administered by the Agency to procure renewable energy resources.
(b) The Illinois Power Agency Renewable Energy Resources SB3733 Enrolled - 214 - LRB096 19592 AMC 34984 b Fund shall be administered by the Agency to procure renewable energy resources.
(d) The price paid to procure renewable energy credits using monies from the Illinois Power Agency Renewable Energy Resources Fund shall not exceed the winning bid prices paid for like resources procured for electric utilities required to SB3733 Engrossed - 215 - LRB096 19592 AMC 34984 b comply with Section 1-75 of this Act.
(d) The price paid to procure renewable energy credits using monies from the Illinois Power Agency Renewable Energy Resources Fund shall not exceed the winning bid prices paid for like resources procured for electric utilities required to SB3733 Enrolled - 215 - LRB096 19592 AMC 34984 b comply with Section 1-75 of this Act.
8-10-09.) SB3733 Engrossed - 216 - LRB096 19592 AMC 34984 b (20 ILCS 3855/1-58) Sec.
8-10-09.) SB3733 Enrolled - 216 - LRB096 19592 AMC 34984 b (20 ILCS 3855/1-58) Sec.
The quoted SB3733 Engrossed - 217 - LRB096 19592 AMC 34984 b construction costs shall be expressed in nominal dollars as of the date that the quote is prepared and shall include:
The quoted SB3733 Enrolled - 217 - LRB096 19592 AMC 34984 b construction costs shall be expressed in nominal dollars as of the date that the quote is prepared and shall include:
(3) An operating and maintenance cost quote that will provide the estimated cost of delivered fuel, personnel, maintenance contracts, chemicals, catalysts, consumables, SB3733 Engrossed - 218 - LRB096 19592 AMC 34984 b spares, and other fixed and variable operating and maintenance costs.
(3) An operating and maintenance cost quote that will provide the estimated cost of delivered fuel, personnel, maintenance contracts, chemicals, catalysts, consumables, SB3733 Enrolled - 218 - LRB096 19592 AMC 34984 b spares, and other fixed and variable operating and maintenance costs.
(d) The Agency shall review the facility report and based on that report, consider whether to enter into long term SB3733 Engrossed - 219 - LRB096 19592 AMC 34984 b contracts to purchase SNG from the facility pursuant to Section 1-20 of this Act.
(d) The Agency shall review the facility report and based on that report, consider whether to enter into long term SB3733 Enrolled - 219 - LRB096 19592 AMC 34984 b contracts to purchase SNG from the facility pursuant to Section 1-20 of this Act.
Skilled and intermediate long term care facilities SB3733 Engrossed - 220 - LRB096 19592 AMC 34984 b licensed under the Nursing Home Care Act;
Skilled and intermediate long term care facilities SB3733 Enrolled - 220 - LRB096 19592 AMC 34984 b licensed under the Nursing Home Care Act;
This Act shall not apply to the construction of any new facility or the renovation of any existing facility located on any campus facility as defined in Section 5-5.8b of the Illinois Public Aid Code, provided that the campus facility encompasses 30 or more contiguous acres and that the new or SB3733 Engrossed - 221 - LRB096 19592 AMC 34984 b renovated facility is intended for use by a licensed residential facility.
This Act shall not apply to the construction of any new facility or the renovation of any existing facility located on any campus facility as defined in Section 5-5.8b of the Illinois Public Aid Code, provided that the campus facility encompasses 30 or more contiguous acres and that the new or SB3733 Enrolled - 221 - LRB096 19592 AMC 34984 b renovated facility is intended for use by a licensed residential facility.
This Act does not apply to a dialysis facility that provides only dialysis training, support, and related services SB3733 Engrossed - 222 - LRB096 19592 AMC 34984 b to individuals with end stage renal disease who have elected to receive home dialysis.
This Act does not apply to a dialysis facility that provides only dialysis training, support, and related services SB3733 Enrolled - 222 - LRB096 19592 AMC 34984 b to individuals with end stage renal disease who have elected to receive home dialysis.
With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of SB3733 Engrossed - 223 - LRB096 19592 AMC 34984 b the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group.
With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of SB3733 Enrolled - 223 - LRB096 19592 AMC 34984 b the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group.
"Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any SB3733 Engrossed - 224 - LRB096 19592 AMC 34984 b activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c).
"Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any SB3733 Enrolled - 224 - LRB096 19592 AMC 34984 b activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c).
"Major medical equipment" means medical equipment which is SB3733 Engrossed - 225 - LRB096 19592 AMC 34984 b used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act.
"Major medical equipment" means medical equipment which is SB3733 Enrolled - 225 - LRB096 19592 AMC 34984 b used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act.
For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in SB3733 Engrossed - 226 - LRB096 19592 AMC 34984 b determining if such expenditure exceeds the capital expenditures minimum.
For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in SB3733 Enrolled - 226 - LRB096 19592 AMC 34984 b determining if such expenditure exceeds the capital expenditures minimum.
"Non-clinical service area" means an area (i) for the benefit of the patients, visitors, staff, or employees of a health care facility and (ii) not directly related to the diagnosis, treatment, or rehabilitation of persons receiving SB3733 Engrossed - 227 - LRB096 19592 AMC 34984 b services from the health care facility.
"Non-clinical service area" means an area (i) for the benefit of the patients, visitors, staff, or employees of a health care facility and (ii) not directly related to the diagnosis, treatment, or rehabilitation of persons receiving SB3733 Enrolled - 227 - LRB096 19592 AMC 34984 b services from the health care facility.
"Physician" means a person licensed to practice in SB3733 Engrossed - 228 - LRB096 19592 AMC 34984 b accordance with the Medical Practice Act of 1987, as amended.
"Physician" means a person licensed to practice in SB3733 Enrolled - 228 - LRB096 19592 AMC 34984 b accordance with the Medical Practice Act of 1987, as amended.
SB3733 Engrossed - 229 - LRB096 19592 AMC 34984 b "Change of ownership of a health care facility" means a change in the person who has ownership or control of a health care facility's physical plant and capital assets.
SB3733 Enrolled - 229 - LRB096 19592 AMC 34984 b "Change of ownership of a health care facility" means a change in the person who has ownership or control of a health care facility's physical plant and capital assets.
SB3733 Engrossed - 230 - LRB096 19592 AMC 34984 b 1.
SB3733 Enrolled - 230 - LRB096 19592 AMC 34984 b 1.
An institution, place, building, or room used for provision of major medical equipment used in the direct SB3733 Engrossed - 231 - LRB096 19592 AMC 34984 b clinical diagnosis or treatment of patients, and whose project cost is in excess of the capital expenditure minimum.
An institution, place, building, or room used for provision of major medical equipment used in the direct SB3733 Enrolled - 231 - LRB096 19592 AMC 34984 b clinical diagnosis or treatment of patients, and whose project cost is in excess of the capital expenditure minimum.
SB3733 Engrossed - 232 - LRB096 19592 AMC 34984 b This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.
SB3733 Enrolled - 232 - LRB096 19592 AMC 34984 b This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.
This Act does not apply to any change of ownership of a SB3733 Engrossed - 233 - LRB096 19592 AMC 34984 b healthcare facility that is 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.
This Act does not apply to any change of ownership of a SB3733 Enrolled - 233 - LRB096 19592 AMC 34984 b healthcare facility that is 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.
SB3733 Engrossed - 234 - LRB096 19592 AMC 34984 b "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof.
SB3733 Enrolled - 234 - LRB096 19592 AMC 34984 b "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof.
however, any capital expenditure made by or on behalf of a health care facility for (i) the construction or modification of a facility licensed under the SB3733 Engrossed - 235 - LRB096 19592 AMC 34984 b Assisted Living and Shared Housing Act or (ii) a conversion project undertaken in accordance with Section 30 of the Older Adult Services Act shall be excluded from any obligations under this Act.
however, any capital expenditure made by or on behalf of a health care facility for (i) the construction or modification of a facility licensed under the SB3733 Enrolled - 235 - LRB096 19592 AMC 34984 b Assisted Living and Shared Housing Act or (ii) a conversion project undertaken in accordance with Section 30 of the Older Adult Services Act shall be excluded from any obligations under this Act.
and (B) which under generally accepted accounting principles is not properly chargeable as an expense SB3733 Engrossed - 236 - LRB096 19592 AMC 34984 b of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part;
and (B) which under generally accepted accounting principles is not properly chargeable as an expense SB3733 Enrolled - 236 - LRB096 19592 AMC 34984 b of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part;
"Capital expenditure minimum" means $11,500,000 for projects by hospital applicants, $6,500,000 for applicants for projects related to skilled and intermediate care long-term SB3733 Engrossed - 237 - LRB096 19592 AMC 34984 b care facilities licensed under the Nursing Home Care Act, and $3,000,000 for projects by all other applicants, which shall be annually adjusted to reflect the increase in construction costs due to inflation, for major medical equipment and for all other capital expenditures.
"Capital expenditure minimum" means $11,500,000 for projects by hospital applicants, $6,500,000 for applicants for projects related to skilled and intermediate care long-term SB3733 Enrolled - 237 - LRB096 19592 AMC 34984 b care facilities licensed under the Nursing Home Care Act, and $3,000,000 for projects by all other applicants, which shall be annually adjusted to reflect the increase in construction costs due to inflation, for major medical equipment and for all other capital expenditures.
"Areawide" means a major area of the State delineated on a geographic, demographic, and functional basis for health SB3733 Engrossed - 238 - LRB096 19592 AMC 34984 b planning and for health service and having within it one or more local areas for health planning and health service.
"Areawide" means a major area of the State delineated on a geographic, demographic, and functional basis for health SB3733 Enrolled - 238 - LRB096 19592 AMC 34984 b planning and for health service and having within it one or more local areas for health planning and health service.
Affiliates of out-of-state facilities shall be considered out-of-state SB3733 Engrossed - 239 - LRB096 19592 AMC 34984 b facilities.
Affiliates of out-of-state facilities shall be considered out-of-state SB3733 Enrolled - 239 - LRB096 19592 AMC 34984 b facilities.
SB3733 Engrossed - 240 - LRB096 19592 AMC 34984 b (Source:
SB3733 Enrolled - 240 - LRB096 19592 AMC 34984 b (Source:
(4) Develop criteria and standards for health care SB3733 Engrossed - 241 - LRB096 19592 AMC 34984 b facilities planning, conduct statewide inventories of health care facilities, maintain an updated inventory on the Board's web site reflecting the most recent bed and service changes and updated need determinations when new census data become available or new need formulae are adopted, and develop health care facility plans which shall be utilized in the review of applications for permit under this Act.
(4) Develop criteria and standards for health care SB3733 Enrolled - 241 - LRB096 19592 AMC 34984 b facilities planning, conduct statewide inventories of health care facilities, maintain an updated inventory on the Board's web site reflecting the most recent bed and service changes and updated need determinations when new census data become available or new need formulae are adopted, and develop health care facility plans which shall be utilized in the review of applications for permit under this Act.
(e) The availability of personnel necessary to the SB3733 Engrossed - 242 - LRB096 19592 AMC 34984 b operation of the facility;
(e) The availability of personnel necessary to the SB3733 Enrolled - 242 - LRB096 19592 AMC 34984 b operation of the facility;
(7) The State Board shall prescribe procedures for review, standards, and criteria which shall be utilized to make periodic reviews and determinations of the appropriateness of SB3733 Engrossed - 243 - LRB096 19592 AMC 34984 b any existing health services being rendered by health care facilities subject to the Act.
(7) The State Board shall prescribe procedures for review, standards, and criteria which shall be utilized to make periodic reviews and determinations of the appropriateness of SB3733 Enrolled - 243 - LRB096 19592 AMC 34984 b any existing health services being rendered by health care facilities subject to the Act.
(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 SB3733 Engrossed - 244 - LRB096 19592 AMC 34984 b 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.
(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 SB3733 Enrolled - 244 - LRB096 19592 AMC 34984 b 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.
(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 SB3733 Engrossed - 245 - LRB096 19592 AMC 34984 b treatment of persons who have acquired immunodeficiency syndrome (AIDS) or related conditions.
(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 SB3733 Enrolled - 245 - LRB096 19592 AMC 34984 b treatment of persons who have acquired immunodeficiency syndrome (AIDS) or related conditions.
how skilled nursing fits in the continuum of care with other care providers, modernization of SB3733 Engrossed - 246 - LRB096 19592 AMC 34984 b nursing homes, establishment of more private rooms, development of alternative services, and current trends in long-term care services.
how skilled nursing fits in the continuum of care with other care providers, modernization of SB3733 Enrolled - 246 - LRB096 19592 AMC 34984 b nursing homes, establishment of more private rooms, development of alternative services, and current trends in long-term care services.
96-339) SB3733 Engrossed - 247 - LRB096 19592 AMC 34984 b (Section scheduled to be repealed on December 31, 2019) Sec.
96-339) SB3733 Enrolled - 247 - LRB096 19592 AMC 34984 b (Section scheduled to be repealed on December 31, 2019) Sec.
Such health facility SB3733 Engrossed - 248 - LRB096 19592 AMC 34984 b plans shall be coordinated by the Board with pertinent State Plans.
Such health facility SB3733 Enrolled - 248 - LRB096 19592 AMC 34984 b plans shall be coordinated by the Board with pertinent State Plans.
and (h) In the case of health care facilities established SB3733 Engrossed - 249 - LRB096 19592 AMC 34984 b by a religious body or denomination, the needs of the members of such religious body or denomination may be considered to be public need.
and (h) In the case of health care facilities established SB3733 Enrolled - 249 - LRB096 19592 AMC 34984 b by a religious body or denomination, the needs of the members of such religious body or denomination may be considered to be public need.
(8) Prescribe, in consultation with the Center for Comprehensive Health Planning, rules, regulations, standards, and criteria for the conduct of an expeditious review of SB3733 Engrossed - 250 - LRB096 19592 AMC 34984 b applications for permits for projects of construction or modification of a health care facility, which projects are classified as emergency, substantive, or non-substantive in nature.
(8) Prescribe, in consultation with the Center for Comprehensive Health Planning, rules, regulations, standards, and criteria for the conduct of an expeditious review of SB3733 Enrolled - 250 - LRB096 19592 AMC 34984 b applications for permits for projects of construction or modification of a health care facility, which projects are classified as emergency, substantive, or non-substantive in nature.
The Chairman may approve any unopposed application that SB3733 Engrossed - 251 - LRB096 19592 AMC 34984 b meets all of the review criteria or refer them to the full Board.
The Chairman may approve any unopposed application that SB3733 Enrolled - 251 - LRB096 19592 AMC 34984 b meets all of the review criteria or refer them to the full Board.
A "final decision" for purposes of this Act is the decision to approve SB3733 Engrossed - 252 - LRB096 19592 AMC 34984 b or deny an application, or take other actions permitted under this Act, at the time and date of the meeting that such action is scheduled by the Board.
A "final decision" for purposes of this Act is the decision to approve SB3733 Enrolled - 252 - LRB096 19592 AMC 34984 b or deny an application, or take other actions permitted under this Act, at the time and date of the meeting that such action is scheduled by the Board.
The Chairman of the Board shall appoint a permanent Health Services Review Board Long-term Care Facility Advisory Subcommittee that shall develop and recommend to the Board the rules to be established by the Board SB3733 Engrossed - 253 - LRB096 19592 AMC 34984 b under this paragraph (15).
The Chairman of the Board shall appoint a permanent Health Services Review Board Long-term Care Facility Advisory Subcommittee that shall develop and recommend to the Board the rules to be established by the Board SB3733 Enrolled - 253 - LRB096 19592 AMC 34984 b under this paragraph (15).
The Commission on Government Forecasting and Accountability, hereafter in this Act referred to as the SB3733 Engrossed - 254 - LRB096 19592 AMC 34984 b Commission, is created and is established as a legislative support services agency subject to the Legislative Commission Reorganization Act of 1984.
The Commission on Government Forecasting and Accountability, hereafter in this Act referred to as the SB3733 Enrolled - 254 - LRB096 19592 AMC 34984 b Commission, is created and is established as a legislative support services agency subject to the Legislative Commission Reorganization Act of 1984.
SB3733 Engrossed - 255 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.710) Sec.
SB3733 Enrolled - 255 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.710) Sec.
revised 4-14-09.) (30 ILCS 105/5.723) SB3733 Engrossed - 256 - LRB096 19592 AMC 34984 b Sec.
revised 4-14-09.) (30 ILCS 105/5.723) SB3733 Enrolled - 256 - LRB096 19592 AMC 34984 b Sec.
revised 10-20-09.) SB3733 Engrossed - 257 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.729) Sec.
revised 10-20-09.) SB3733 Enrolled - 257 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.729) Sec.
revised 10-20-09.) (30 ILCS 105/5.734) SB3733 Engrossed - 258 - LRB096 19592 AMC 34984 b Sec.
revised 10-20-09.) (30 ILCS 105/5.734) SB3733 Enrolled - 258 - LRB096 19592 AMC 34984 b Sec.
revised 10-20-09.) SB3733 Engrossed - 259 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.740) Sec.
revised 10-20-09.) SB3733 Enrolled - 259 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.740) Sec.
revised 10-20-09.) SB3733 Engrossed - 260 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.745) Sec.
revised 10-20-09.) SB3733 Enrolled - 260 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.745) Sec.
revised 10-21-09.) SB3733 Engrossed - 261 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.751) Sec.
revised 10-21-09.) SB3733 Enrolled - 261 - LRB096 19592 AMC 34984 b (30 ILCS 105/5.751) Sec.
$1,700 SB3733 Engrossed - 262 - LRB096 19592 AMC 34984 b Mental Health Fund ..........................
$1,700 SB3733 Enrolled - 262 - LRB096 19592 AMC 34984 b Mental Health Fund ..........................
$29,600 School District Emergency Financial SB3733 Engrossed - 263 - LRB096 19592 AMC 34984 b Assistance Fund............................
$29,600 School District Emergency Financial SB3733 Enrolled - 263 - LRB096 19592 AMC 34984 b Assistance Fund............................
$409,000 SB3733 Engrossed - 264 - LRB096 19592 AMC 34984 b Public Health Water Permit Fund ..................
$409,000 SB3733 Enrolled - 264 - LRB096 19592 AMC 34984 b Public Health Water Permit Fund ..................
$490,000 Lead Poisoning Screening, Prevention, SB3733 Engrossed - 265 - LRB096 19592 AMC 34984 b and Abatement Fund ..........................
$490,000 Lead Poisoning Screening, Prevention, SB3733 Enrolled - 265 - LRB096 19592 AMC 34984 b and Abatement Fund ..........................
$1,000,000 SB3733 Engrossed - 266 - LRB096 19592 AMC 34984 b Alternate Fuels Fund ..........................
$1,000,000 SB3733 Enrolled - 266 - LRB096 19592 AMC 34984 b Alternate Fuels Fund ..........................
$13,408,328 SB3733 Engrossed - 267 - LRB096 19592 AMC 34984 b Charter Schools Revolving Loan Fund ..............
$13,408,328 SB3733 Enrolled - 267 - LRB096 19592 AMC 34984 b Charter Schools Revolving Loan Fund ..............
$400,000 Illinois Student Assistance Commission SB3733 Engrossed - 268 - LRB096 19592 AMC 34984 b Contracts and Grants Fund ....................
$400,000 Illinois Student Assistance Commission SB3733 Enrolled - 268 - LRB096 19592 AMC 34984 b Contracts and Grants Fund ....................
$169,900 SB3733 Engrossed - 269 - LRB096 19592 AMC 34984 b Nuclear Safety Emergency Preparedness Fund ....
$169,900 SB3733 Enrolled - 269 - LRB096 19592 AMC 34984 b Nuclear Safety Emergency Preparedness Fund ....
$1,856,000 SB3733 Engrossed - 270 - LRB096 19592 AMC 34984 b Child Abuse Prevention Fund ......................
$1,856,000 SB3733 Enrolled - 270 - LRB096 19592 AMC 34984 b Child Abuse Prevention Fund ......................
These transfers shall be made notwithstanding any other provision of State law to the SB3733 Engrossed - 271 - LRB096 19592 AMC 34984 b contrary.
These transfers shall be made notwithstanding any other provision of State law to the SB3733 Enrolled - 271 - LRB096 19592 AMC 34984 b contrary.
SB3733 Engrossed - 272 - LRB096 19592 AMC 34984 b (a) Except as otherwise provided in this Section and Section 8n of this Act, and notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year.
SB3733 Enrolled - 272 - LRB096 19592 AMC 34984 b (a) Except as otherwise provided in this Section and Section 8n of this Act, and notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year.
This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the Hospital Provider Fund, the Medicaid Provider Relief Fund, the Teacher Health Insurance Security Fund, the Voters' Guide Fund, SB3733 Engrossed - 273 - LRB096 19592 AMC 34984 b the Foreign Language Interpreter Fund, the Lawyers' Assistance Program Fund, the Supreme Court Federal Projects Fund, the Supreme Court Special State Projects Fund, the Supplemental Low-Income Energy Assistance Fund, the Good Samaritan Energy Trust Fund, the Low-Level Radioactive Waste Facility Development and Operation Fund, the Horse Racing Equity Trust Fund, the Metabolic Screening and Treatment Fund, or the Hospital Basic Services Preservation Fund, or to any funds to which Section 70-50 of the Nurse Practice Act applies.
This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the Hospital Provider Fund, the Medicaid Provider Relief Fund, the Teacher Health Insurance Security Fund, the Voters' Guide Fund, SB3733 Enrolled - 273 - LRB096 19592 AMC 34984 b the Foreign Language Interpreter Fund, the Lawyers' Assistance Program Fund, the Supreme Court Federal Projects Fund, the Supreme Court Special State Projects Fund, the Supplemental Low-Income Energy Assistance Fund, the Good Samaritan Energy Trust Fund, the Low-Level Radioactive Waste Facility Development and Operation Fund, the Horse Racing Equity Trust Fund, the Metabolic Screening and Treatment Fund, or the Hospital Basic Services Preservation Fund, or to any funds to which Section 70-50 of the Nurse Practice Act applies.
The State Treasurer and Comptroller shall transfer the SB3733 Engrossed - 274 - LRB096 19592 AMC 34984 b amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Governor.
The State Treasurer and Comptroller shall transfer the SB3733 Enrolled - 274 - LRB096 19592 AMC 34984 b amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Governor.
(f) Subsection (a) does not apply to, and no transfer may be made under this Section from, the Illinois Power Agency Operations Fund, the Illinois Power Agency Facilities Fund, the Illinois Power Agency Debt Service Fund, and the Illinois Power SB3733 Engrossed - 275 - LRB096 19592 AMC 34984 b Agency Trust Fund.
(f) Subsection (a) does not apply to, and no transfer may be made under this Section from, the Illinois Power Agency Operations Fund, the Illinois Power Agency Facilities Fund, the Illinois Power Agency Debt Service Fund, and the Illinois Power SB3733 Enrolled - 275 - LRB096 19592 AMC 34984 b Agency Trust Fund.
revised 10-6-09.) SB3733 Engrossed - 276 - LRB096 19592 AMC 34984 b Section 145.
revised 10-6-09.) SB3733 Enrolled - 276 - LRB096 19592 AMC 34984 b Section 145.
The issuance and sale of Bonds pursuant to the General SB3733 Engrossed - 277 - LRB096 19592 AMC 34984 b Obligation Bond Act is an economical and efficient method of financing the long-term capital needs of the State.
The issuance and sale of Bonds pursuant to the General SB3733 Enrolled - 277 - LRB096 19592 AMC 34984 b Obligation Bond Act is an economical and efficient method of financing the long-term capital needs of the State.
(b) $1,617,420,000 for correctional purposes at State SB3733 Engrossed - 278 - LRB096 19592 AMC 34984 b prison and correctional centers;
(b) $1,617,420,000 for correctional purposes at State SB3733 Enrolled - 278 - LRB096 19592 AMC 34984 b prison and correctional centers;
(j) $25,000,000 for the acquisition, development, construction, reconstruction, improvement, financing, SB3733 Engrossed - 279 - LRB096 19592 AMC 34984 b architectural planning and installation of capital facilities consisting of buildings, structures, durable equipment and land for grants to counties, municipalities or public building commissions with correctional facilities that do not comply with the minimum standards of the Department of Corrections under Section 3-15-2 of the Unified Code of Corrections;
(j) $25,000,000 for the acquisition, development, construction, reconstruction, improvement, financing, SB3733 Enrolled - 279 - LRB096 19592 AMC 34984 b architectural planning and installation of capital facilities consisting of buildings, structures, durable equipment and land for grants to counties, municipalities or public building commissions with correctional facilities that do not comply with the minimum standards of the Department of Corrections under Section 3-15-2 of the Unified Code of Corrections;
revised 8-20-09.) SB3733 Engrossed - 280 - LRB096 19592 AMC 34984 b (30 ILCS 330/7) (from Ch.
revised 8-20-09.) SB3733 Enrolled - 280 - LRB096 19592 AMC 34984 b (30 ILCS 330/7) (from Ch.
(b) $35,000,000 is for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act and SB3733 Engrossed - 281 - LRB096 19592 AMC 34984 b making a grant to the owner of a generating station located in Illinois and having at least three coal-fired generating units with accredited summer capability greater than 500 megawatts each at such generating station as provided in Section 6 of that Bond Act;
(b) $35,000,000 is for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act and SB3733 Enrolled - 281 - LRB096 19592 AMC 34984 b making a grant to the owner of a generating station located in Illinois and having at least three coal-fired generating units with accredited summer capability greater than 500 megawatts each at such generating station as provided in Section 6 of that Bond Act;
SB3733 Engrossed - 282 - LRB096 19592 AMC 34984 b (30 ILCS 425/4) (from Ch.
SB3733 Enrolled - 282 - LRB096 19592 AMC 34984 b (30 ILCS 425/4) (from Ch.
the making of deposits not to exceed $70,000,000 in the aggregate into the SB3733 Engrossed - 283 - LRB096 19592 AMC 34984 b Water Pollution Control Revolving Fund to provide assistance in accordance with the provisions of Title IV-A of the Environmental Protection Act;
the making of deposits not to exceed $70,000,000 in the aggregate into the SB3733 Enrolled - 283 - LRB096 19592 AMC 34984 b Water Pollution Control Revolving Fund to provide assistance in accordance with the provisions of Title IV-A of the Environmental Protection Act;
the planning and construction of a microelectronics research center, including the planning, engineering, construction, SB3733 Engrossed - 284 - LRB096 19592 AMC 34984 b improvement, renovation and acquisition of buildings, equipment and related utility support systems;
the planning and construction of a microelectronics research center, including the planning, engineering, construction, SB3733 Enrolled - 284 - LRB096 19592 AMC 34984 b improvement, renovation and acquisition of buildings, equipment and related utility support systems;
(c) $1,352,358,100 for the development and improvement of educational, scientific, technical and vocational programs and SB3733 Engrossed - 285 - LRB096 19592 AMC 34984 b facilities and the expansion of health and human services for all citizens of Illinois, including:
(c) $1,352,358,100 for the development and improvement of educational, scientific, technical and vocational programs and SB3733 Enrolled - 285 - LRB096 19592 AMC 34984 b facilities and the expansion of health and human services for all citizens of Illinois, including:
the making of grants or loans for repair, SB3733 Engrossed - 286 - LRB096 19592 AMC 34984 b renovation and miscellaneous capital improvements for privately operated colleges and universities and community colleges, including the planning, engineering, acquisition, construction, reconstruction, remodeling, improvement, repair and installation of capital facilities and costs of planning, supplies, equipment, materials, services, and all other required expenses;
the making of grants or loans for repair, SB3733 Enrolled - 286 - LRB096 19592 AMC 34984 b renovation and miscellaneous capital improvements for privately operated colleges and universities and community colleges, including the planning, engineering, acquisition, construction, reconstruction, remodeling, improvement, repair and installation of capital facilities and costs of planning, supplies, equipment, materials, services, and all other required expenses;
the acquisition and related costs SB3733 Engrossed - 287 - LRB096 19592 AMC 34984 b and development and management of natural heritage lands, including natural areas and areas providing habitat for endangered species and nongame wildlife, and buffer area lands;
the acquisition and related costs SB3733 Enrolled - 287 - LRB096 19592 AMC 34984 b and development and management of natural heritage lands, including natural areas and areas providing habitat for endangered species and nongame wildlife, and buffer area lands;
The Illinois Procurement Code is amended by SB3733 Engrossed - 288 - LRB096 19592 AMC 34984 b changing Sections 20-80, 50-11, and 50-60 as follows:
The Illinois Procurement Code is amended by SB3733 Enrolled - 288 - LRB096 19592 AMC 34984 b changing Sections 20-80, 50-11, and 50-60 as follows:
Any cancellation or modification to any such contract liability SB3733 Engrossed - 289 - LRB096 19592 AMC 34984 b shall be filed with the Comptroller within 15 days of its execution.
Any cancellation or modification to any such contract liability SB3733 Enrolled - 289 - LRB096 19592 AMC 34984 b shall be filed with the Comptroller within 15 days of its execution.
SB3733 Engrossed - 290 - LRB096 19592 AMC 34984 b (1) a written contract covering the services, and (2) an affidavit, signed by the chief executive officer of the State agency or his or her designee, stating that the services for which payment is being made were agreed to before commencement of the services and setting forth an explanation of why the contract was not reduced to writing before the services commenced.
SB3733 Enrolled - 290 - LRB096 19592 AMC 34984 b (1) a written contract covering the services, and (2) an affidavit, signed by the chief executive officer of the State agency or his or her designee, stating that the services for which payment is being made were agreed to before commencement of the services and setting forth an explanation of why the contract was not reduced to writing before the services commenced.
(1) contracts paid from personal services, or (2) contracts between the State SB3733 Engrossed - 291 - LRB096 19592 AMC 34984 b and its employees to defer compensation in accordance with Article 24 of the Illinois Pension Code, exceeding $10,000 is incurred by any State agency, a copy of the contract, purchase order, grant, or lease shall be filed with the Comptroller within 15 days thereafter.
(1) contracts paid from personal services, or (2) contracts between the State SB3733 Enrolled - 291 - LRB096 19592 AMC 34984 b and its employees to defer compensation in accordance with Article 24 of the Illinois Pension Code, exceeding $10,000 is incurred by any State agency, a copy of the contract, purchase order, grant, or lease shall be filed with the Comptroller within 15 days thereafter.
SB3733 Engrossed - 292 - LRB096 19592 AMC 34984 b (d) Timely execution of contracts.
SB3733 Enrolled - 292 - LRB096 19592 AMC 34984 b (d) Timely execution of contracts.
revised 12-1-09.) SB3733 Engrossed - 293 - LRB096 19592 AMC 34984 b (30 ILCS 500/50-11) (Text of Section before amendment by P.A.
revised 12-1-09.) SB3733 Enrolled - 293 - LRB096 19592 AMC 34984 b (30 ILCS 500/50-11) (Text of Section before amendment by P.A.
SB3733 Engrossed - 294 - LRB096 19592 AMC 34984 b (b) Every bid submitted to and contract executed by the State shall contain a certification by the bidder or contractor that the contractor and its affiliate is not barred from being awarded a contract under this Section and that the contractor acknowledges that the contracting State agency may declare the contract void if the certification completed pursuant to this subsection (b) is false.
SB3733 Enrolled - 294 - LRB096 19592 AMC 34984 b (b) Every bid submitted to and contract executed by the State shall contain a certification by the bidder or contractor that the contractor and its affiliate is not barred from being awarded a contract under this Section and that the contractor acknowledges that the contracting State agency may declare the contract void if the certification completed pursuant to this subsection (b) is false.
As used in this subsection SB3733 Engrossed - 295 - LRB096 19592 AMC 34984 b (a), the term "voting security" means a security that (1) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (2) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote.
As used in this subsection SB3733 Enrolled - 295 - LRB096 19592 AMC 34984 b (a), the term "voting security" means a security that (1) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (2) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote.
(a) If any contract is entered into or purchase or expenditure of funds is made in violation of this Code or any other law, the contract may be declared void by the chief SB3733 Engrossed - 296 - LRB096 19592 AMC 34984 b procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best interests of the State.
(a) If any contract is entered into or purchase or expenditure of funds is made in violation of this Code or any other law, the contract may be declared void by the chief SB3733 Enrolled - 296 - LRB096 19592 AMC 34984 b procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best interests of the State.
(a) If any contract or amendment thereto is entered into or purchase or expenditure of funds is made at any time in violation of this Code or any other law, the contract or amendment thereto may be declared void by the chief procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best SB3733 Engrossed - 297 - LRB096 19592 AMC 34984 b interests of the State.
(a) If any contract or amendment thereto is entered into or purchase or expenditure of funds is made at any time in violation of this Code or any other law, the contract or amendment thereto may be declared void by the chief procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best SB3733 Enrolled - 297 - LRB096 19592 AMC 34984 b interests of the State.
(e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by SB3733 Engrossed - 298 - LRB096 19592 AMC 34984 b reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State.
(e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by SB3733 Enrolled - 298 - LRB096 19592 AMC 34984 b reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State.
(1) Any bill, except a bill submitted under Article V of the Illinois Public Aid Code, approved for payment under this Section must be paid or the payment issued to the SB3733 Engrossed - 299 - LRB096 19592 AMC 34984 b payee within 60 days of receipt of a proper bill or invoice.
(1) Any bill, except a bill submitted under Article V of the Illinois Public Aid Code, approved for payment under this Section must be paid or the payment issued to the SB3733 Enrolled - 299 - LRB096 19592 AMC 34984 b payee within 60 days of receipt of a proper bill or invoice.
If one or more items on a construction related bill SB3733 Engrossed - 300 - LRB096 19592 AMC 34984 b or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid.
If one or more items on a construction related bill SB3733 Enrolled - 300 - LRB096 19592 AMC 34984 b or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid.
Except as otherwise provided by this Act, all officials, boards, commissions, or agents of this State in making contracts for public work of any kind costing over $50,000 to be performed for the State, and all officials, SB3733 Engrossed - 301 - LRB096 19592 AMC 34984 b boards, commissions, or agents of any political subdivision of this State in making contracts for public work of any kind costing over $5,000 to be performed for the political subdivision, shall require every contractor for the work to furnish, supply and deliver a bond to the State, or to the political subdivision thereof entering into the contract, as the case may be, with good and sufficient sureties.
Except as otherwise provided by this Act, all officials, boards, commissions, or agents of this State in making contracts for public work of any kind costing over $50,000 to be performed for the State, and all officials, SB3733 Enrolled - 301 - LRB096 19592 AMC 34984 b boards, commissions, or agents of any political subdivision of this State in making contracts for public work of any kind costing over $5,000 to be performed for the political subdivision, shall require every contractor for the work to furnish, supply and deliver a bond to the State, or to the political subdivision thereof entering into the contract, as the case may be, with good and sufficient sureties.
"The principal and sureties on this bond agree that all the undertakings, covenants, terms, conditions and agreements of the contract or contracts entered into between the principal and the State or any political subdivision thereof will be performed and fulfilled and to pay all persons, firms and corporations having contracts with the principal or with SB3733 Engrossed - 302 - LRB096 19592 AMC 34984 b subcontractors, all just claims due them under the provisions of such contracts for labor performed or materials furnished in the performance of the contract on account of which this bond is given, when such claims are not satisfied out of the contract price of the contract on account of which this bond is given, after final settlement between the officer, board, commission or agent of the State or of any political subdivision thereof and the principal has been made.".
"The principal and sureties on this bond agree that all the undertakings, covenants, terms, conditions and agreements of the contract or contracts entered into between the principal and the State or any political subdivision thereof will be performed and fulfilled and to pay all persons, firms and corporations having contracts with the principal or with SB3733 Enrolled - 302 - LRB096 19592 AMC 34984 b subcontractors, all just claims due them under the provisions of such contracts for labor performed or materials furnished in the performance of the contract on account of which this bond is given, when such claims are not satisfied out of the contract price of the contract on account of which this bond is given, after final settlement between the officer, board, commission or agent of the State or of any political subdivision thereof and the principal has been made.".
or (2) The surety shall pay a sum of money to the obligee, up to the penal sum of the bond, that represents the SB3733 Engrossed - 303 - LRB096 19592 AMC 34984 b reasonable cost to complete the work that exceeds the unpaid balance of the contract sum.
or (2) The surety shall pay a sum of money to the obligee, up to the penal sum of the bond, that represents the SB3733 Enrolled - 303 - LRB096 19592 AMC 34984 b reasonable cost to complete the work that exceeds the unpaid balance of the contract sum.
The bond and sureties shall be subject to the right of reasonable approval or disapproval, including suspension, by SB3733 Engrossed - 304 - LRB096 19592 AMC 34984 b the State or political subdivision thereof concerned.
The bond and sureties shall be subject to the right of reasonable approval or disapproval, including suspension, by SB3733 Enrolled - 304 - LRB096 19592 AMC 34984 b the State or political subdivision thereof concerned.
(a) A county or municipality may not require a cash bond, irrevocable letter of credit, surety bond, or letter of commitment issued by a bank, savings and loan association, surety, or insurance company from a builder or developer to guarantee completion of a project improvement when the builder or developer has filed with the county or municipal clerk a current, irrevocable letter of credit, surety bond, or letter of commitment issued by a bank, savings and loan association, surety, or insurance company, deemed good and sufficient by the SB3733 Engrossed - 305 - LRB096 19592 AMC 34984 b county or municipality accepting such security, in an amount equal to or greater than 110% of the amount of the bid on each project improvement.
(a) A county or municipality may not require a cash bond, irrevocable letter of credit, surety bond, or letter of commitment issued by a bank, savings and loan association, surety, or insurance company from a builder or developer to guarantee completion of a project improvement when the builder or developer has filed with the county or municipal clerk a current, irrevocable letter of credit, surety bond, or letter of commitment issued by a bank, savings and loan association, surety, or insurance company, deemed good and sufficient by the SB3733 Enrolled - 305 - LRB096 19592 AMC 34984 b county or municipality accepting such security, in an amount equal to or greater than 110% of the amount of the bid on each project improvement.
(c) The county or municipality shall refund a cash bond to a builder or developer, or release the irrevocable letter of credit or surety bond, within 60 days after the builder or SB3733 Engrossed - 306 - LRB096 19592 AMC 34984 b developer notifies the county or municipality in writing of the completion of the project improvement for which the bond was required.
(c) The county or municipality shall refund a cash bond to a builder or developer, or release the irrevocable letter of credit or surety bond, within 60 days after the builder or SB3733 Enrolled - 306 - LRB096 19592 AMC 34984 b developer notifies the county or municipality in writing of the completion of the project improvement for which the bond was required.
This Section is a denial and limitation under subsection (i) of Section 6 of Article VII of the Illinois SB3733 Engrossed - 307 - LRB096 19592 AMC 34984 b Constitution on the concurrent exercise by a home rule county or municipality of powers and functions exercised by the State.
This Section is a denial and limitation under subsection (i) of Section 6 of Article VII of the Illinois SB3733 Enrolled - 307 - LRB096 19592 AMC 34984 b Constitution on the concurrent exercise by a home rule county or municipality of powers and functions exercised by the State.
SB3733 Engrossed - 308 - LRB096 19592 AMC 34984 b (2) "Female" shall mean a person who is a citizen or lawful permanent resident of the United States and who is of the female gender.
SB3733 Enrolled - 308 - LRB096 19592 AMC 34984 b (2) "Female" shall mean a person who is a citizen or lawful permanent resident of the United States and who is of the female gender.
amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, SB3733 Engrossed - 309 - LRB096 19592 AMC 34984 b 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, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, SB3733 Enrolled - 309 - LRB096 19592 AMC 34984 b mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, ulcerative colitis, specific learning disabilities, or end stage renal failure disease;
and the management and daily business operations of which are controlled by one or more of the minority individuals who own SB3733 Engrossed - 310 - LRB096 19592 AMC 34984 b it.
and the management and daily business operations of which are controlled by one or more of the minority individuals who own SB3733 Enrolled - 310 - LRB096 19592 AMC 34984 b it.
"State construction contracts" means all State contracts entered into by a State agency or State university for the repair, remodeling, renovation or construction of a building or SB3733 Engrossed - 311 - LRB096 19592 AMC 34984 b structure, or for the construction or maintenance of a highway defined in Article 2 of the Illinois Highway Code.
"State construction contracts" means all State contracts entered into by a State agency or State university for the repair, remodeling, renovation or construction of a building or SB3733 Enrolled - 311 - LRB096 19592 AMC 34984 b structure, or for the construction or maintenance of a highway defined in Article 2 of the Illinois Highway Code.
(8) "Certification" means a determination made by the Council or by one delegated authority from the Council to make SB3733 Engrossed - 312 - LRB096 19592 AMC 34984 b certifications, or by a State agency with statutory authority to make such a certification, that a business entity is a business owned by a minority, female, or person with a disability for whatever purpose.
(8) "Certification" means a determination made by the Council or by one delegated authority from the Council to make SB3733 Enrolled - 312 - LRB096 19592 AMC 34984 b certifications, or by a State agency with statutory authority to make such a certification, that a business entity is a business owned by a minority, female, or person with a disability for whatever purpose.
A firm with gross sales in excess of this cap may apply to the Council for certification for a particular contract if the firm can demonstrate that the SB3733 Engrossed - 313 - LRB096 19592 AMC 34984 b contract would have significant impact on businesses owned by minorities, females, or persons with disabilities as suppliers or subcontractors or in employment of minorities, females, or persons with disabilities.
A firm with gross sales in excess of this cap may apply to the Council for certification for a particular contract if the firm can demonstrate that the SB3733 Enrolled - 313 - LRB096 19592 AMC 34984 b contract would have significant impact on businesses owned by minorities, females, or persons with disabilities as suppliers or subcontractors or in employment of minorities, females, or persons with disabilities.
(b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the SB3733 Engrossed - 314 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 314 - LRB096 19592 AMC 34984 b Caribbean Islands, regardless of race);
amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, SB3733 Engrossed - 315 - LRB096 19592 AMC 34984 b head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, 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, SB3733 Enrolled - 315 - LRB096 19592 AMC 34984 b head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, 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;
SB3733 Engrossed - 316 - LRB096 19592 AMC 34984 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;
SB3733 Enrolled - 316 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 317 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 317 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 318 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 318 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 319 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 319 - LRB096 19592 AMC 34984 b possessing the requisite knowledge and expertise to run the particular business and control shall not include simple majority or absentee ownership.
132.604) SB3733 Engrossed - 320 - LRB096 19592 AMC 34984 b (Text of Section before amendment by P.A.
132.604) SB3733 Enrolled - 320 - LRB096 19592 AMC 34984 b (Text of Section before amendment by P.A.
(b) In the case of State construction contracts, the SB3733 Engrossed - 321 - LRB096 19592 AMC 34984 b provisions of subsection (a) requiring a portion of State contracts to be awarded to businesses owned and controlled by persons with disabilities do not apply.
(b) In the case of State construction contracts, the SB3733 Enrolled - 321 - LRB096 19592 AMC 34984 b provisions of subsection (a) requiring a portion of State contracts to be awarded to businesses owned and controlled by persons with disabilities do not apply.
Within 18 months after April 28, 2009 SB3733 Engrossed - 322 - LRB096 19592 AMC 34984 b (the effective date of Public Act 96-8) this amendatory Act, the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and female participation established in this Act.
Within 18 months after April 28, 2009 SB3733 Enrolled - 322 - LRB096 19592 AMC 34984 b (the effective date of Public Act 96-8) this amendatory Act, the Department shall issue a report of its findings and any recommendations on whether to adjust the goals for minority and female participation established in this Act.
provided, however, that of the total amount of all State contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section, contracts representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at SB3733 Engrossed - 323 - LRB096 19592 AMC 34984 b least 7% shall be awarded to female-owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities.
provided, however, that of the total amount of all State contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section, contracts representing at least 11% shall be awarded to businesses owned by minorities, contracts representing at SB3733 Enrolled - 323 - LRB096 19592 AMC 34984 b least 7% shall be awarded to female-owned businesses, and contracts representing at least 2% shall be awarded to businesses owned by persons with disabilities.
(c) In the case of all work undertaken by the University of Illinois related to the planning, organization, and staging of the games, the University of Illinois shall establish a goal of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, and other agreements (collectively referred to as "the contracts") to minority-owned businesses or SB3733 Engrossed - 324 - LRB096 19592 AMC 34984 b businesses owned by a person with a disability and 5% of the annual dollar value the contracts to female-owned businesses.
(c) In the case of all work undertaken by the University of Illinois related to the planning, organization, and staging of the games, the University of Illinois shall establish a goal of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, and other agreements (collectively referred to as "the contracts") to minority-owned businesses or SB3733 Enrolled - 324 - LRB096 19592 AMC 34984 b businesses owned by a person with a disability and 5% of the annual dollar value the contracts to female-owned businesses.
The State Property Control Act is amended by SB3733 Engrossed - 325 - LRB096 19592 AMC 34984 b changing Section 7.1 as follows:
The State Property Control Act is amended by SB3733 Enrolled - 325 - LRB096 19592 AMC 34984 b changing Section 7.1 as follows:
SB3733 Engrossed - 326 - LRB096 19592 AMC 34984 b (5) Plans for the future use of currently unused real property.
SB3733 Enrolled - 326 - LRB096 19592 AMC 34984 b (5) Plans for the future use of currently unused real property.
In case requests for the same surplus real property are SB3733 Engrossed - 327 - LRB096 19592 AMC 34984 b received from more than one State agency, the Administrator shall weigh the benefits to the State and determine to which agency, if any, to transfer control of such property.
In case requests for the same surplus real property are SB3733 Enrolled - 327 - LRB096 19592 AMC 34984 b received from more than one State agency, the Administrator shall weigh the benefits to the State and determine to which agency, if any, to transfer control of such property.
Any such governing body may exercise its option to acquire the surplus SB3733 Engrossed - 328 - LRB096 19592 AMC 34984 b real property for the fair market value within 60 days of the notice.
Any such governing body may exercise its option to acquire the surplus SB3733 Enrolled - 328 - LRB096 19592 AMC 34984 b real property for the fair market value within 60 days of the notice.
(2) Whenever a State mental health facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, the net proceeds of the sale of the real estate shall be deposited into the Community Mental Health SB3733 Engrossed - 329 - LRB096 19592 AMC 34984 b Medicaid Trust Fund.
(2) Whenever a State mental health facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, the net proceeds of the sale of the real estate shall be deposited into the Community Mental Health SB3733 Enrolled - 329 - LRB096 19592 AMC 34984 b Medicaid Trust Fund.
(30 ILCS 805/8.32) SB3733 Engrossed - 330 - LRB096 19592 AMC 34984 b Sec.
(30 ILCS 805/8.32) SB3733 Enrolled - 330 - LRB096 19592 AMC 34984 b Sec.
96-251, SB3733 Engrossed - 331 - LRB096 19592 AMC 34984 b eff.
96-251, SB3733 Enrolled - 331 - LRB096 19592 AMC 34984 b eff.
SB3733 Engrossed - 332 - LRB096 19592 AMC 34984 b 96-727, eff.
SB3733 Enrolled - 332 - LRB096 19592 AMC 34984 b 96-727, eff.
(2) In the case of an individual, trust or estate, for taxable years beginning prior to July 1, 1989 and ending SB3733 Engrossed - 333 - LRB096 19592 AMC 34984 b after June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 3% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3.
(2) In the case of an individual, trust or estate, for taxable years beginning prior to July 1, 1989 and ending SB3733 Enrolled - 333 - LRB096 19592 AMC 34984 b after June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 3% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3.
Beginning on July 1, 1979 and thereafter, in addition to such SB3733 Engrossed - 334 - LRB096 19592 AMC 34984 b income tax, there is also hereby imposed the Personal Property Tax Replacement Income Tax measured by net income on every corporation (including Subchapter S corporations), partnership and trust, for each taxable year ending after June 30, 1979.
Beginning on July 1, 1979 and thereafter, in addition to such SB3733 Enrolled - 334 - LRB096 19592 AMC 34984 b income tax, there is also hereby imposed the Personal Property Tax Replacement Income Tax measured by net income on every corporation (including Subchapter S corporations), partnership and trust, for each taxable year ending after June 30, 1979.
In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile SB3733 Engrossed - 335 - LRB096 19592 AMC 34984 b imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose premiums from reinsurance assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination premiums from reinsurance do not include premiums from inter-affiliate reinsurance arrangements), beginning with taxable years ending on or after December 31, 1999, the sum of the rates of tax imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer's net income allocable to Illinois for the taxable year by such foreign insurer's state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer's state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer's state of domicile.
In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile SB3733 Enrolled - 335 - LRB096 19592 AMC 34984 b imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose premiums from reinsurance assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination premiums from reinsurance do not include premiums from inter-affiliate reinsurance arrangements), beginning with taxable years ending on or after December 31, 1999, the sum of the rates of tax imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer's net income allocable to Illinois for the taxable year by such foreign insurer's state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer's state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer's state of domicile.
(A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all SB3733 Engrossed - 336 - LRB096 19592 AMC 34984 b credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code, equals 1.25% for taxable years ending prior to December 31, 2003, or 1.75% for taxable years ending on or after December 31, 2003, of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code.
(A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all SB3733 Enrolled - 336 - LRB096 19592 AMC 34984 b credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code, equals 1.25% for taxable years ending prior to December 31, 2003, or 1.75% for taxable years ending on or after December 31, 2003, of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code.
(1) A taxpayer shall be allowed a credit equal to .5% SB3733 Engrossed - 337 - LRB096 19592 AMC 34984 b of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1984.
(1) A taxpayer shall be allowed a credit equal to .5% SB3733 Enrolled - 337 - LRB096 19592 AMC 34984 b of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1984.
The investment credit shall not be allowed to the extent that it would reduce a taxpayer's liability in any tax year below zero, nor may any credit for qualified property be allowed for any year other than the year in which the property was placed in SB3733 Engrossed - 338 - LRB096 19592 AMC 34984 b service in Illinois.
The investment credit shall not be allowed to the extent that it would reduce a taxpayer's liability in any tax year below zero, nor may any credit for qualified property be allowed for any year other than the year in which the property was placed in SB3733 Enrolled - 338 - LRB096 19592 AMC 34984 b service in Illinois.
For tax years ending after December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable SB3733 Engrossed - 339 - LRB096 19592 AMC 34984 b years following the excess credit years.
For tax years ending after December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable SB3733 Enrolled - 339 - LRB096 19592 AMC 34984 b years following the excess credit years.
(D) is used in Illinois by a taxpayer who is primarily engaged in manufacturing, or in mining coal or fluorite, or in retailing, or was placed in service on or after July 1, 2006 in a River Edge Redevelopment Zone established pursuant to the River Edge SB3733 Engrossed - 340 - LRB096 19592 AMC 34984 b Redevelopment Zone Act;
(D) is used in Illinois by a taxpayer who is primarily engaged in manufacturing, or in mining coal or fluorite, or in retailing, or was placed in service on or after July 1, 2006 in a River Edge Redevelopment Zone established pursuant to the River Edge SB3733 Enrolled - 340 - LRB096 19592 AMC 34984 b Redevelopment Zone Act;
(4) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal SB3733 Engrossed - 341 - LRB096 19592 AMC 34984 b income tax purposes.
(4) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal SB3733 Enrolled - 341 - LRB096 19592 AMC 34984 b income tax purposes.
(8) Unless the investment credit is extended by law, the basis of qualified property shall not include costs SB3733 Engrossed - 342 - LRB096 19592 AMC 34984 b incurred after December 31, 2013, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2013.
(8) Unless the investment credit is extended by law, the basis of qualified property shall not include costs SB3733 Enrolled - 342 - LRB096 19592 AMC 34984 b incurred after December 31, 2013, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2013.
For taxable years ending on or after December 31, 2000, a partner that qualifies its partnership for a subtraction under subparagraph (I) of paragraph (2) of subsection (d) of Section 203 or a shareholder that qualifies a Subchapter S corporation for a subtraction under subparagraph (S) of paragraph (2) of subsection (b) of Section 203 shall be allowed a credit under this subsection (e) equal to its SB3733 Engrossed - 343 - LRB096 19592 AMC 34984 b share of the credit earned under this subsection (e) during the taxable year by the partnership or Subchapter S corporation, determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code.
For taxable years ending on or after December 31, 2000, a partner that qualifies its partnership for a subtraction under subparagraph (I) of paragraph (2) of subsection (d) of Section 203 or a shareholder that qualifies a Subchapter S corporation for a subtraction under subparagraph (S) of paragraph (2) of subsection (b) of Section 203 shall be allowed a credit under this subsection (e) equal to its SB3733 Enrolled - 343 - LRB096 19592 AMC 34984 b share of the credit earned under this subsection (e) during the taxable year by the partnership or Subchapter S corporation, determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code.
The credit shall be available only in the taxable year in which the SB3733 Engrossed - 344 - LRB096 19592 AMC 34984 b property is placed in service in the Enterprise Zone or River Edge Redevelopment Zone and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero.
The credit shall be available only in the taxable year in which the SB3733 Enrolled - 344 - LRB096 19592 AMC 34984 b property is placed in service in the Enterprise Zone or River Edge Redevelopment Zone and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero.
SB3733 Engrossed - 345 - LRB096 19592 AMC 34984 b (D) is used in the Enterprise Zone or River Edge Redevelopment Zone by the taxpayer;
SB3733 Enrolled - 345 - LRB096 19592 AMC 34984 b (D) is used in the Enterprise Zone or River Edge Redevelopment Zone by the taxpayer;
Such increase shall be determined by (i) recomputing the investment credit which would have been SB3733 Engrossed - 346 - LRB096 19592 AMC 34984 b allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed.
Such increase shall be determined by (i) recomputing the investment credit which would have been SB3733 Enrolled - 346 - LRB096 19592 AMC 34984 b allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed.
Enterprise Zone, River Edge SB3733 Engrossed - 347 - LRB096 19592 AMC 34984 b Redevelopment Zone, and Foreign Trade Zone or Sub-Zone.
Enterprise Zone, River Edge SB3733 Enrolled - 347 - LRB096 19592 AMC 34984 b Redevelopment Zone, and Foreign Trade Zone or Sub-Zone.
and (C) the eligible employees must be employed 180 SB3733 Engrossed - 348 - LRB096 19592 AMC 34984 b consecutive days in order to be deemed hired for purposes of this subsection.
and (C) the eligible employees must be employed 180 SB3733 Enrolled - 348 - LRB096 19592 AMC 34984 b consecutive days in order to be deemed hired for purposes of this subsection.
For tax years ending on or after December 31, 1988, the SB3733 Engrossed - 349 - LRB096 19592 AMC 34984 b credit shall be allowed for the tax year immediately following the tax year in which the eligible employees are hired.
For tax years ending on or after December 31, 1988, the SB3733 Enrolled - 349 - LRB096 19592 AMC 34984 b credit shall be allowed for the tax year immediately following the tax year in which the eligible employees are hired.
The credit shall not be available (i) until the minimum investments in qualified property set forth in SB3733 Engrossed - 350 - LRB096 19592 AMC 34984 b subdivision (a)(3)(A) of Section 5.5 of the Illinois Enterprise Zone Act have been satisfied or (ii) until the time authorized in subsection (b-5) of the Illinois Enterprise Zone Act for entities designated as High Impact Businesses under subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone Act, and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero.
The credit shall not be available (i) until the minimum investments in qualified property set forth in SB3733 Enrolled - 350 - LRB096 19592 AMC 34984 b subdivision (a)(3)(A) of Section 5.5 of the Illinois Enterprise Zone Act have been satisfied or (ii) until the time authorized in subsection (b-5) of the Illinois Enterprise Zone Act for entities designated as High Impact Businesses under subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone Act, and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero.
The SB3733 Engrossed - 351 - LRB096 19592 AMC 34984 b credit shall be applied to the earliest year for which there is a liability.
The SB3733 Enrolled - 351 - LRB096 19592 AMC 34984 b credit shall be applied to the earliest year for which there is a liability.
(4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in a federally designated Foreign Trade Zone or SB3733 Engrossed - 352 - LRB096 19592 AMC 34984 b Sub-Zone located in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis.
(4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in a federally designated Foreign Trade Zone or SB3733 Enrolled - 352 - LRB096 19592 AMC 34984 b Sub-Zone located in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis.
(7) Beginning with tax years ending after December 31, 1996, if a taxpayer qualifies for the credit under this subsection (h) and thereby is granted a tax abatement and SB3733 Engrossed - 353 - LRB096 19592 AMC 34984 b the taxpayer relocates its entire facility in violation of the explicit terms and length of the contract under Section 18-183 of the Property Tax Code, the tax imposed under subsections (a) and (b) of this Section shall be increased for the taxable year in which the taxpayer relocated its facility by an amount equal to the amount of credit received by the taxpayer under this subsection (h).
(7) Beginning with tax years ending after December 31, 1996, if a taxpayer qualifies for the credit under this subsection (h) and thereby is granted a tax abatement and SB3733 Enrolled - 353 - LRB096 19592 AMC 34984 b the taxpayer relocates its entire facility in violation of the explicit terms and length of the contract under Section 18-183 of the Property Tax Code, the tax imposed under subsections (a) and (b) of this Section shall be increased for the taxable year in which the taxpayer relocated its facility by an amount equal to the amount of credit received by the taxpayer under this subsection (h).
This credit shall be SB3733 Engrossed - 354 - LRB096 19592 AMC 34984 b applied first to the earliest year for which there is a liability.
This credit shall be SB3733 Enrolled - 354 - LRB096 19592 AMC 34984 b applied first to the earliest year for which there is a liability.
The credit against the tax imposed by subsections (a) and (b) shall be 1.6% of such SB3733 Engrossed - 355 - LRB096 19592 AMC 34984 b training expenses.
The credit against the tax imposed by subsections (a) and (b) shall be 1.6% of such SB3733 Enrolled - 355 - LRB096 19592 AMC 34984 b training expenses.
The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 6 1/2% of the qualifying expenditures SB3733 Engrossed - 356 - LRB096 19592 AMC 34984 b for increasing research activities in this State.
The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 6 1/2% of the qualifying expenditures SB3733 Enrolled - 356 - LRB096 19592 AMC 34984 b for increasing research activities in this State.
A taxpayer may elect to have the unused credit shown on its final completed return carried over as a credit against the tax liability for the following 5 SB3733 Engrossed - 357 - LRB096 19592 AMC 34984 b taxable years or until it has been fully used, whichever occurs first;
A taxpayer may elect to have the unused credit shown on its final completed return carried over as a credit against the tax liability for the following 5 SB3733 Enrolled - 357 - LRB096 19592 AMC 34984 b taxable years or until it has been fully used, whichever occurs first;
For purposes of this Section, "unreimbursed SB3733 Engrossed - 358 - LRB096 19592 AMC 34984 b eligible remediation costs" means costs approved by the Illinois Environmental Protection Agency ("Agency") under Section 58.14 of the Environmental Protection Act that were paid in performing environmental remediation at a site for which a No Further Remediation Letter was issued by the Agency and recorded under Section 58.10 of the Environmental Protection Act.
For purposes of this Section, "unreimbursed SB3733 Enrolled - 358 - LRB096 19592 AMC 34984 b eligible remediation costs" means costs approved by the Illinois Environmental Protection Agency ("Agency") under Section 58.14 of the Environmental Protection Act that were paid in performing environmental remediation at a site for which a No Further Remediation Letter was issued by the Agency and recorded under Section 58.10 of the Environmental Protection Act.
For purposes of this Section, "taxpayer" includes a person whose tax attributes the taxpayer has succeeded to under Section 381 of the Internal Revenue Code and "related party" includes the persons disallowed a deduction for losses by paragraphs (b), (c), and (f)(1) of Section 267 of the Internal Revenue Code by virtue of being SB3733 Engrossed - 359 - LRB096 19592 AMC 34984 b a related taxpayer, as well as any of its partners.
For purposes of this Section, "taxpayer" includes a person whose tax attributes the taxpayer has succeeded to under Section 381 of the Internal Revenue Code and "related party" includes the persons disallowed a deduction for losses by paragraphs (b), (c), and (f)(1) of Section 267 of the Internal Revenue Code by virtue of being SB3733 Enrolled - 359 - LRB096 19592 AMC 34984 b a related taxpayer, as well as any of its partners.
If there is a credit under this subsection from more than one tax year that is available to offset a liability, the earliest credit arising under this SB3733 Engrossed - 360 - LRB096 19592 AMC 34984 b subsection shall be applied first.
If there is a credit under this subsection from more than one tax year that is available to offset a liability, the earliest credit arising under this SB3733 Enrolled - 360 - LRB096 19592 AMC 34984 b subsection shall be applied first.
In no event shall a SB3733 Engrossed - 361 - LRB096 19592 AMC 34984 b credit under this subsection reduce the taxpayer's liability under this Act to less than zero.
In no event shall a SB3733 Enrolled - 361 - LRB096 19592 AMC 34984 b credit under this subsection reduce the taxpayer's liability under this Act to less than zero.
(n) River Edge Redevelopment Zone site remediation tax SB3733 Engrossed - 362 - LRB096 19592 AMC 34984 b credit.
(n) River Edge Redevelopment Zone site remediation tax SB3733 Enrolled - 362 - LRB096 19592 AMC 34984 b credit.
Determinations as to credit availability for purposes of this Section shall be made consistent with rules adopted by the Pollution Control Board pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 SB3733 Engrossed - 363 - LRB096 19592 AMC 34984 b of the Environmental Protection Act.
Determinations as to credit availability for purposes of this Section shall be made consistent with rules adopted by the Pollution Control Board pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 SB3733 Enrolled - 363 - LRB096 19592 AMC 34984 b of the Environmental Protection Act.
To perfect the transfer, the assignor shall record the transfer in the SB3733 Engrossed - 364 - LRB096 19592 AMC 34984 b chain of title for the site and provide written notice to the Director of the Illinois Department of Revenue of the assignor's intent to sell the remediation site and the amount of the tax credit to be transferred as a portion of the sale.
To perfect the transfer, the assignor shall record the transfer in the SB3733 Enrolled - 364 - LRB096 19592 AMC 34984 b chain of title for the site and provide written notice to the Director of the Illinois Department of Revenue of the assignor's intent to sell the remediation site and the amount of the tax credit to be transferred as a portion of the sale.
The taxpayer's failure to remit any SB3733 Engrossed - 365 - LRB096 19592 AMC 34984 b amount of the increased payment reduces the contribution accordingly.
The taxpayer's failure to remit any SB3733 Enrolled - 365 - LRB096 19592 AMC 34984 b amount of the increased payment reduces the contribution accordingly.
revised 12-22-09.) SB3733 Engrossed - 366 - LRB096 19592 AMC 34984 b (35 ILCS 5/807) Sec.
revised 12-22-09.) SB3733 Enrolled - 366 - LRB096 19592 AMC 34984 b (35 ILCS 5/807) Sec.
(d) The Credit shall not exceed the Incremental Income Tax SB3733 Engrossed - 367 - LRB096 19592 AMC 34984 b attributable to the project that is the subject of the Agreement.
(d) The Credit shall not exceed the Incremental Income Tax SB3733 Enrolled - 367 - LRB096 19592 AMC 34984 b attributable to the project that is the subject of the Agreement.
(A) the Taxpayer (i) had an Illinois net loss or an Illinois net loss deduction under Section 207 of the Illinois Income Tax Act for the taxable year in which the Credit is awarded, (ii) employed a minimum of 1,000 full-time employees in this State during the taxable year in which the Credit is awarded, (iii) has an Agreement under this Act on December 14, 2009 (the SB3733 Engrossed - 368 - LRB096 19592 AMC 34984 b effective date of Public Act 96-834) this amendatory Act of the 96th General Assembly, and (iv) is in compliance with all provisions of that Agreement;
(A) the Taxpayer (i) had an Illinois net loss or an Illinois net loss deduction under Section 207 of the Illinois Income Tax Act for the taxable year in which the Credit is awarded, (ii) employed a minimum of 1,000 full-time employees in this State during the taxable year in which the Credit is awarded, (iii) has an Agreement under this Act on December 14, 2009 (the SB3733 Enrolled - 368 - LRB096 19592 AMC 34984 b effective date of Public Act 96-834) this amendatory Act of the 96th General Assembly, and (iv) is in compliance with all provisions of that Agreement;
(4) If a Taxpayer who meets the requirements of subparagraph (A) of paragraph (1) of this subsection (f) elects to claim the Credit against its withholdings as provided in this subsection (f), then, on and after the date of the election, the terms of the Agreement between the Taxpayer and the Department may not be further amended SB3733 Engrossed - 369 - LRB096 19592 AMC 34984 b during the term of the Agreement.
(4) If a Taxpayer who meets the requirements of subparagraph (A) of paragraph (1) of this subsection (f) elects to claim the Credit against its withholdings as provided in this subsection (f), then, on and after the date of the election, the terms of the Agreement between the Taxpayer and the Department may not be further amended SB3733 Enrolled - 369 - LRB096 19592 AMC 34984 b during the term of the Agreement.
(1) Personal property purchased from a corporation, society, association, foundation, institution, or SB3733 Engrossed - 370 - LRB096 19592 AMC 34984 b organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(1) Personal property purchased from a corporation, society, association, foundation, institution, or SB3733 Enrolled - 370 - LRB096 19592 AMC 34984 b organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(4) Personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, SB3733 Engrossed - 371 - LRB096 19592 AMC 34984 b religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
(4) Personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, SB3733 Enrolled - 371 - LRB096 19592 AMC 34984 b religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
(8) Legal tender, currency, medallions, or gold or silver SB3733 Engrossed - 372 - LRB096 19592 AMC 34984 b coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion.
(8) Legal tender, currency, medallions, or gold or silver SB3733 Enrolled - 372 - LRB096 19592 AMC 34984 b coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion.
(11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to SB3733 Engrossed - 373 - LRB096 19592 AMC 34984 b 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.
(11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to SB3733 Enrolled - 373 - LRB096 19592 AMC 34984 b 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.
SB3733 Engrossed - 374 - LRB096 19592 AMC 34984 b (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
SB3733 Enrolled - 374 - LRB096 19592 AMC 34984 b (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that SB3733 Engrossed - 375 - LRB096 19592 AMC 34984 b manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that SB3733 Enrolled - 375 - LRB096 19592 AMC 34984 b manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
SB3733 Engrossed - 376 - LRB096 19592 AMC 34984 b (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property.
SB3733 Enrolled - 376 - LRB096 19592 AMC 34984 b (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property.
(22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the SB3733 Engrossed - 377 - LRB096 19592 AMC 34984 b Retailers' Occupation Tax Act.
(22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the SB3733 Enrolled - 377 - LRB096 19592 AMC 34984 b Retailers' Occupation Tax Act.
If the property is leased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the SB3733 Engrossed - 378 - LRB096 19592 AMC 34984 b non-qualifying use occurs.
If the property is leased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the SB3733 Enrolled - 378 - LRB096 19592 AMC 34984 b non-qualifying use occurs.
(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 SB3733 Engrossed - 379 - LRB096 19592 AMC 34984 b 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.
(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 SB3733 Enrolled - 379 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Engrossed - 380 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Enrolled - 380 - LRB096 19592 AMC 34984 b 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.
This paragraph SB3733 Engrossed - 381 - LRB096 19592 AMC 34984 b is exempt from the provisions of Section 3-90.
This paragraph SB3733 Enrolled - 381 - LRB096 19592 AMC 34984 b is exempt from the provisions of Section 3-90.
If the equipment is leased in a manner that does not qualify for this exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at SB3733 Engrossed - 382 - LRB096 19592 AMC 34984 b the time the nonqualifying use occurs.
If the equipment is leased in a manner that does not qualify for this exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at SB3733 Enrolled - 382 - LRB096 19592 AMC 34984 b the time the nonqualifying use occurs.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for SB3733 Engrossed - 383 - LRB096 19592 AMC 34984 b the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for SB3733 Enrolled - 383 - LRB096 19592 AMC 34984 b the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
For purposes of this paragraph, the term "used for commercial purposes" means the transportation of persons or property in furtherance of any commercial or industrial enterprise, SB3733 Engrossed - 384 - LRB096 19592 AMC 34984 b whether for-hire or not.
For purposes of this paragraph, the term "used for commercial purposes" means the transportation of persons or property in furtherance of any commercial or industrial enterprise, SB3733 Enrolled - 384 - LRB096 19592 AMC 34984 b whether for-hire or not.
This exemption applies only to those organizations that (i) hold an Air Agency Certificate and are empowered to operate an approved repair station by the Federal Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct SB3733 Engrossed - 385 - LRB096 19592 AMC 34984 b operations in accordance with Part 145 of the Federal Aviation Regulations.
This exemption applies only to those organizations that (i) hold an Air Agency Certificate and are empowered to operate an approved repair station by the Federal Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct SB3733 Enrolled - 385 - LRB096 19592 AMC 34984 b operations in accordance with Part 145 of the Federal Aviation Regulations.
SB3733 Engrossed - 386 - LRB096 19592 AMC 34984 b (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
SB3733 Enrolled - 386 - LRB096 19592 AMC 34984 b (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(4) Personal property purchased by a governmental body, by SB3733 Engrossed - 387 - LRB096 19592 AMC 34984 b a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
(4) Personal property purchased by a governmental body, by SB3733 Enrolled - 387 - LRB096 19592 AMC 34984 b a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
SB3733 Engrossed - 388 - LRB096 19592 AMC 34984 b (7) Farm chemicals.
SB3733 Enrolled - 388 - LRB096 19592 AMC 34984 b (7) Farm chemicals.
(11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the SB3733 Engrossed - 389 - LRB096 19592 AMC 34984 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.
(11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the SB3733 Enrolled - 389 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 390 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 390 - LRB096 19592 AMC 34984 b agricultural chemicals.
SB3733 Engrossed - 391 - LRB096 19592 AMC 34984 b (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
SB3733 Enrolled - 391 - LRB096 19592 AMC 34984 b (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or SB3733 Engrossed - 392 - LRB096 19592 AMC 34984 b other similar items of no commercial value on special order for a particular purchaser.
(18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or SB3733 Enrolled - 392 - LRB096 19592 AMC 34984 b other similar items of no commercial value on special order for a particular purchaser.
(22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a SB3733 Engrossed - 393 - LRB096 19592 AMC 34984 b hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a SB3733 Enrolled - 393 - LRB096 19592 AMC 34984 b 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 used in any other non-exempt manner, the lessor shall be liable for the tax imposed under SB3733 Engrossed - 394 - LRB096 19592 AMC 34984 b this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
If the property is leased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under SB3733 Enrolled - 394 - LRB096 19592 AMC 34984 b this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
(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, SB3733 Engrossed - 395 - LRB096 19592 AMC 34984 b 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.
(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, SB3733 Enrolled - 395 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Engrossed - 396 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Enrolled - 396 - LRB096 19592 AMC 34984 b 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.
Beginning January 1, 2002 and through June 30, 2003, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the SB3733 Engrossed - 397 - LRB096 19592 AMC 34984 b gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
Beginning January 1, 2002 and through June 30, 2003, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the SB3733 Enrolled - 397 - LRB096 19592 AMC 34984 b gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
If the equipment is leased in a manner that does not qualify for this exemption or is used in SB3733 Engrossed - 398 - LRB096 19592 AMC 34984 b any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs.
If the equipment is leased in a manner that does not qualify for this exemption or is used in SB3733 Enrolled - 398 - LRB096 19592 AMC 34984 b any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs.
If the property is leased in a manner that does not qualify for this exemption or used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair SB3733 Engrossed - 399 - LRB096 19592 AMC 34984 b 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 used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair SB3733 Enrolled - 399 - LRB096 19592 AMC 34984 b market value of the property at the time the nonqualifying use occurs.
For SB3733 Engrossed - 400 - LRB096 19592 AMC 34984 b purposes of this paragraph, the term "used for commercial purposes" means the transportation of persons or property in furtherance of any commercial or industrial enterprise, whether for-hire or not.
For SB3733 Enrolled - 400 - LRB096 19592 AMC 34984 b purposes of this paragraph, the term "used for commercial purposes" means the transportation of persons or property in furtherance of any commercial or industrial enterprise, whether for-hire or not.
This exemption applies only to those organizations that SB3733 Engrossed - 401 - LRB096 19592 AMC 34984 b (i) hold an Air Agency Certificate and are empowered to operate an approved repair station by the Federal Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct operations in accordance with Part 145 of the Federal Aviation Regulations.
This exemption applies only to those organizations that SB3733 Enrolled - 401 - LRB096 19592 AMC 34984 b (i) hold an Air Agency Certificate and are empowered to operate an approved repair station by the Federal Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct operations in accordance with Part 145 of the Federal Aviation Regulations.
revised 9-25-09.) SB3733 Engrossed - 402 - LRB096 19592 AMC 34984 b (35 ILCS 105/3-10) Sec.
revised 9-25-09.) SB3733 Enrolled - 402 - LRB096 19592 AMC 34984 b (35 ILCS 105/3-10) Sec.
SB3733 Engrossed - 403 - LRB096 19592 AMC 34984 b With respect to gasohol, the tax imposed by this Act applies to (i) 70% of the proceeds of sales made on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2013, and (iii) 100% of the proceeds of sales made thereafter.
SB3733 Enrolled - 403 - LRB096 19592 AMC 34984 b With respect to gasohol, the tax imposed by this Act applies to (i) 70% of the proceeds of sales made on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2013, and (iii) 100% of the proceeds of sales made thereafter.
With respect to 100% biodiesel and biodiesel blends with more than 10% but no more than 99% biodiesel, the tax imposed SB3733 Engrossed - 404 - LRB096 19592 AMC 34984 b by this Act does not apply to the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2013 but applies to 100% of the proceeds of sales made thereafter.
With respect to 100% biodiesel and biodiesel blends with more than 10% but no more than 99% biodiesel, the tax imposed SB3733 Enrolled - 404 - LRB096 19592 AMC 34984 b by this Act does not apply to the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2013 but applies to 100% of the proceeds of sales made thereafter.
Notwithstanding any other provisions of this Act, beginning September 1, 2009, "soft drinks" means non-alcoholic SB3733 Engrossed - 405 - LRB096 19592 AMC 34984 b beverages that contain natural or artificial sweeteners.
Notwithstanding any other provisions of this Act, beginning September 1, 2009, "soft drinks" means non-alcoholic SB3733 Enrolled - 405 - LRB096 19592 AMC 34984 b beverages that contain natural or artificial sweeteners.
Notwithstanding any other provisions of this Act, SB3733 Engrossed - 406 - LRB096 19592 AMC 34984 b beginning September 1, 2009, "nonprescription medicines and drugs" does not include grooming and hygiene products.
Notwithstanding any other provisions of this Act, SB3733 Enrolled - 406 - LRB096 19592 AMC 34984 b beginning September 1, 2009, "nonprescription medicines and drugs" does not include grooming and hygiene products.
revised 8-20-09.) SB3733 Engrossed - 407 - LRB096 19592 AMC 34984 b (35 ILCS 105/10) (from Ch.
revised 8-20-09.) SB3733 Enrolled - 407 - LRB096 19592 AMC 34984 b (35 ILCS 105/10) (from Ch.
SB3733 Engrossed - 408 - LRB096 19592 AMC 34984 b Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require.
SB3733 Enrolled - 408 - LRB096 19592 AMC 34984 b Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require.
In addition with respect to motor vehicles, aircraft, watercraft, and trailers, a purchaser of such tangible personal property for use in this State, who purchases such tangible personal property from an out-of-state retailer, shall file with the Department, upon a form to be prescribed and supplied SB3733 Engrossed - 409 - LRB096 19592 AMC 34984 b by the Department, a return for each such item of tangible personal property purchased, except that if, in the same transaction, (i) a purchaser of motor vehicles, aircraft, watercraft, or trailers who is a retailer of motor vehicles, aircraft, watercraft, or trailers purchases more than one motor vehicle, aircraft, watercraft, or trailer for the purpose of resale or (ii) a purchaser of motor vehicles, aircraft, watercraft, or trailers purchases more than one motor vehicle, aircraft, watercraft, or trailer for use as qualifying rolling stock as provided in Section 3-55 of this Act, then the purchaser may report the purchase of all motor vehicles, aircraft, watercraft, or trailers involved in that transaction to the Department on a single return prescribed by the Department.
In addition with respect to motor vehicles, aircraft, watercraft, and trailers, a purchaser of such tangible personal property for use in this State, who purchases such tangible personal property from an out-of-state retailer, shall file with the Department, upon a form to be prescribed and supplied SB3733 Enrolled - 409 - LRB096 19592 AMC 34984 b by the Department, a return for each such item of tangible personal property purchased, except that if, in the same transaction, (i) a purchaser of motor vehicles, aircraft, watercraft, or trailers who is a retailer of motor vehicles, aircraft, watercraft, or trailers purchases more than one motor vehicle, aircraft, watercraft, or trailer for the purpose of resale or (ii) a purchaser of motor vehicles, aircraft, watercraft, or trailers purchases more than one motor vehicle, aircraft, watercraft, or trailer for use as qualifying rolling stock as provided in Section 3-55 of this Act, then the purchaser may report the purchase of all motor vehicles, aircraft, watercraft, or trailers involved in that transaction to the Department on a single return prescribed by the Department.
the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance if that is claimed to be SB3733 Engrossed - 410 - LRB096 19592 AMC 34984 b the fact);
the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance if that is claimed to be SB3733 Enrolled - 410 - LRB096 19592 AMC 34984 b the fact);
With each such return, the purchaser shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register SB3733 Engrossed - 411 - LRB096 19592 AMC 34984 b the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property.
With each such return, the purchaser shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register SB3733 Enrolled - 411 - LRB096 19592 AMC 34984 b the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property.
In that event, all of the provisions of Section 9 of this Act concerning the filing of regular monthly, quarterly or annual tax returns and all of the provisions of Section 2a of the "Retailers' Occupation Tax Act" concerning the requirements for registrants to post bond or SB3733 Engrossed - 412 - LRB096 19592 AMC 34984 b other security with the Department, as the provisions of such sections now exist or may hereafter be amended, shall apply to such users to the same extent as if such provisions were included herein.
In that event, all of the provisions of Section 9 of this Act concerning the filing of regular monthly, quarterly or annual tax returns and all of the provisions of Section 2a of the "Retailers' Occupation Tax Act" concerning the requirements for registrants to post bond or SB3733 Enrolled - 412 - LRB096 19592 AMC 34984 b other security with the Department, as the provisions of such sections now exist or may hereafter be amended, shall apply to such users to the same extent as if such provisions were included herein.
(3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under SB3733 Engrossed - 413 - LRB096 19592 AMC 34984 b Section 501(c)(3) of the Internal Revenue Code and that is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services.
(3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under SB3733 Enrolled - 413 - LRB096 19592 AMC 34984 b Section 501(c)(3) of the Internal Revenue Code and that is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services.
(6) Personal property purchased from a teacher-sponsored SB3733 Engrossed - 414 - LRB096 19592 AMC 34984 b student organization affiliated with an elementary or secondary school located in Illinois.
(6) Personal property purchased from a teacher-sponsored SB3733 Enrolled - 414 - LRB096 19592 AMC 34984 b student organization affiliated with an elementary or secondary school located in Illinois.
Precision farming equipment includes, but is not SB3733 Engrossed - 415 - LRB096 19592 AMC 34984 b limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment.
Precision farming equipment includes, but is not SB3733 Enrolled - 415 - LRB096 19592 AMC 34984 b limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment.
(9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is SB3733 Engrossed - 416 - LRB096 19592 AMC 34984 b imposed.
(9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is SB3733 Enrolled - 416 - LRB096 19592 AMC 34984 b imposed.
(14) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club SB3733 Engrossed - 417 - LRB096 19592 AMC 34984 b Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes.
(14) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club SB3733 Enrolled - 417 - LRB096 19592 AMC 34984 b Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes.
No lessor shall collect or attempt to collect an amount (however designated) that purports SB3733 Engrossed - 418 - LRB096 19592 AMC 34984 b to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or attempt to collect an amount (however designated) that purports SB3733 Enrolled - 418 - LRB096 19592 AMC 34984 b to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
If, however, that amount is not refunded to the lessee for any reason, the lessor is SB3733 Engrossed - 419 - LRB096 19592 AMC 34984 b liable to pay that amount to the Department.
If, however, that amount is not refunded to the lessee for any reason, the lessor is SB3733 Enrolled - 419 - LRB096 19592 AMC 34984 b liable to pay that amount to the Department.
(19) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code SB3733 Engrossed - 420 - LRB096 19592 AMC 34984 b or at a hunting enclosure approved through rules adopted by the Department of Natural Resources.
(19) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code SB3733 Enrolled - 420 - LRB096 19592 AMC 34984 b or at a hunting enclosure approved through rules adopted by the Department of Natural Resources.
(21) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school SB3733 Engrossed - 421 - LRB096 19592 AMC 34984 b district that consists primarily of volunteers and includes parents and teachers of the school children.
(21) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school SB3733 Enrolled - 421 - LRB096 19592 AMC 34984 b district that consists primarily of volunteers and includes parents and teachers of the school children.
(23) Beginning August 23, 2001 and through June 30, 2011, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human SB3733 Engrossed - 422 - LRB096 19592 AMC 34984 b use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act.
(23) Beginning August 23, 2001 and through June 30, 2011, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human SB3733 Enrolled - 422 - LRB096 19592 AMC 34984 b use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act.
If, however, that amount is not refunded to the lessee for any reason, the lessor is SB3733 Engrossed - 423 - LRB096 19592 AMC 34984 b liable to pay that amount to the Department.
If, however, that amount is not refunded to the lessee for any reason, the lessor is SB3733 Enrolled - 423 - LRB096 19592 AMC 34984 b liable to pay that amount to the Department.
(26) Beginning January 1, 2008, tangible personal property used in the construction or maintenance of a community water SB3733 Engrossed - 424 - LRB096 19592 AMC 34984 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.
(26) Beginning January 1, 2008, tangible personal property used in the construction or maintenance of a community water SB3733 Enrolled - 424 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 425 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 425 - LRB096 19592 AMC 34984 b service pursuant to authority issued under Part 121 or Part 129 of the Federal Aviation Regulations.
(1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is SB3733 Engrossed - 426 - LRB096 19592 AMC 34984 b 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 purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is SB3733 Enrolled - 426 - LRB096 19592 AMC 34984 b 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.
SB3733 Engrossed - 427 - LRB096 19592 AMC 34984 b (5) Until July 1, 2003 and beginning again on September 1, 2004 through August 30, 2014, graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production.
SB3733 Enrolled - 427 - LRB096 19592 AMC 34984 b (5) Until July 1, 2003 and beginning again on September 1, 2004 through August 30, 2014, graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production.
Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under SB3733 Engrossed - 428 - LRB096 19592 AMC 34984 b this item (7).
Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under SB3733 Enrolled - 428 - LRB096 19592 AMC 34984 b 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 returning from a location or locations outside the United SB3733 Engrossed - 429 - LRB096 19592 AMC 34984 b 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 returning from a location or locations outside the United SB3733 Enrolled - 429 - LRB096 19592 AMC 34984 b States without regard to previous or subsequent domestic stopovers.
SB3733 Engrossed - 430 - LRB096 19592 AMC 34984 b (12) Until July 1, 2003, coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
SB3733 Enrolled - 430 - LRB096 19592 AMC 34984 b (12) Until July 1, 2003, coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
(15) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would SB3733 Engrossed - 431 - LRB096 19592 AMC 34984 b 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 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 SB3733 Enrolled - 431 - LRB096 19592 AMC 34984 b otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
If the property is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under SB3733 Engrossed - 432 - LRB096 19592 AMC 34984 b this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
If the property is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under SB3733 Enrolled - 432 - LRB096 19592 AMC 34984 b this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
(18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, SB3733 Engrossed - 433 - LRB096 19592 AMC 34984 b 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 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, SB3733 Enrolled - 433 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Engrossed - 434 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Enrolled - 434 - LRB096 19592 AMC 34984 b 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.
Beginning January 1, 2002 and through June 30, 2003, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the SB3733 Engrossed - 435 - LRB096 19592 AMC 34984 b gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
Beginning January 1, 2002 and through June 30, 2003, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the SB3733 Enrolled - 435 - LRB096 19592 AMC 34984 b gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
If the equipment is leased in a manner that does not qualify for this exemption or is used in SB3733 Engrossed - 436 - LRB096 19592 AMC 34984 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 equipment is leased in a manner that does not qualify for this exemption or is used in SB3733 Enrolled - 436 - LRB096 19592 AMC 34984 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.
No lessor shall collect or SB3733 Engrossed - 437 - LRB096 19592 AMC 34984 b attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or SB3733 Enrolled - 437 - LRB096 19592 AMC 34984 b attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
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 SB3733 Engrossed - 438 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 438 - LRB096 19592 AMC 34984 b engines or power plants are installed or uninstalled upon any such aircraft.
SB3733 Engrossed - 439 - LRB096 19592 AMC 34984 b This paragraph is exempt from the provisions of Section 3-75.
SB3733 Enrolled - 439 - LRB096 19592 AMC 34984 b This paragraph is exempt from the provisions of Section 3-75.
If, at any time, however, the tax under this Act on sales of gasohol, as defined in the Use Tax Act, is imposed at SB3733 Engrossed - 440 - LRB096 19592 AMC 34984 b the rate of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of gasohol made during that time.
If, at any time, however, the tax under this Act on sales of gasohol, as defined in the Use Tax Act, is imposed at SB3733 Enrolled - 440 - LRB096 19592 AMC 34984 b the rate of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of gasohol made during that time.
With respect to 100% biodiesel, as defined in the Use Tax Act, and biodiesel blends, as defined in the Use Tax Act, with more than 10% but no more than 99% biodiesel, the tax imposed by this Act does not apply to the proceeds of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013 but SB3733 Engrossed - 441 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Enrolled - 441 - LRB096 19592 AMC 34984 b applies to 100% of the selling price thereafter.
SB3733 Engrossed - 442 - LRB096 19592 AMC 34984 b the term "soft drinks" means any complete, finished, ready-to-use, non-alcoholic drink, whether carbonated or not, including but not limited to soda water, cola, fruit juice, vegetable juice, carbonated water, and all other preparations commonly known as soft drinks of whatever kind or description that are contained in any closed or sealed bottle, can, carton, or container, regardless of size;
SB3733 Enrolled - 442 - LRB096 19592 AMC 34984 b the term "soft drinks" means any complete, finished, ready-to-use, non-alcoholic drink, whether carbonated or not, including but not limited to soda water, cola, fruit juice, vegetable juice, carbonated water, and all other preparations commonly known as soft drinks of whatever kind or description that are contained in any closed or sealed bottle, can, carton, or container, regardless of size;
Beginning August 1, 2009, and notwithstanding any other provisions of this Act, "food for human consumption that is to be consumed off the premises where it is sold" includes all food sold SB3733 Engrossed - 443 - LRB096 19592 AMC 34984 b through a vending machine, except soft drinks, candy, and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
Beginning August 1, 2009, and notwithstanding any other provisions of this Act, "food for human consumption that is to be consumed off the premises where it is sold" includes all food sold SB3733 Enrolled - 443 - LRB096 19592 AMC 34984 b through a vending machine, except soft drinks, candy, and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
or SB3733 Engrossed - 444 - LRB096 19592 AMC 34984 b (B) A statement of the "active ingredient(s)" with a list of those ingredients contained in the compound, substance or preparation.
or SB3733 Enrolled - 444 - LRB096 19592 AMC 34984 b (B) A statement of the "active ingredient(s)" with a list of those ingredients contained in the compound, substance or preparation.
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 SB3733 Engrossed - 445 - LRB096 19592 AMC 34984 b of property transferred as an incident to the sale of service on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013, and (iii) 100% of the selling price thereafter.
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 SB3733 Enrolled - 445 - LRB096 19592 AMC 34984 b of property transferred as an incident to the sale of service on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013, and (iii) 100% of the selling price thereafter.
If, at any time, however, the tax under this Act on sales of biodiesel blends, as defined in the Use Tax Act, with no less than 1% and no more than 10% biodiesel is imposed at the rate of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of biodiesel blends with no less than 1% SB3733 Engrossed - 446 - LRB096 19592 AMC 34984 b and no more than 10% biodiesel made during that time.
If, at any time, however, the tax under this Act on sales of biodiesel blends, as defined in the Use Tax Act, with no less than 1% and no more than 10% biodiesel is imposed at the rate of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of biodiesel blends with no less than 1% SB3733 Enrolled - 446 - LRB096 19592 AMC 34984 b and no more than 10% biodiesel made during that time.
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 SB3733 Engrossed - 447 - LRB096 19592 AMC 34984 b beverages, soft drinks, and food that has been prepared for immediate consumption and is not otherwise included in this paragraph) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use.
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 SB3733 Enrolled - 447 - LRB096 19592 AMC 34984 b beverages, soft drinks, and food that has been prepared for immediate consumption and is not otherwise included in this paragraph) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use.
Until August 1, 2009, and notwithstanding any other provisions of this Act, "food for human consumption that is to SB3733 Engrossed - 448 - LRB096 19592 AMC 34984 b be consumed off the premises where it is sold" includes all food sold through a vending machine, except soft drinks, and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
Until August 1, 2009, and notwithstanding any other provisions of this Act, "food for human consumption that is to SB3733 Enrolled - 448 - LRB096 19592 AMC 34984 b be consumed off the premises where it is sold" includes all food sold through a vending machine, except soft drinks, and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and screens, unless those products are available by SB3733 Engrossed - 449 - LRB096 19592 AMC 34984 b prescription only, regardless of whether the products meet the definition of "over-the-counter-drugs".
For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and screens, unless those products are available by SB3733 Enrolled - 449 - LRB096 19592 AMC 34984 b prescription only, regardless of whether the products meet the definition of "over-the-counter-drugs".
The following tangible personal SB3733 Engrossed - 450 - LRB096 19592 AMC 34984 b property is exempt from the tax imposed by this Act:
The following tangible personal SB3733 Enrolled - 450 - LRB096 19592 AMC 34984 b property is exempt from the tax imposed by this Act:
SB3733 Engrossed - 451 - LRB096 19592 AMC 34984 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.
SB3733 Enrolled - 451 - LRB096 19592 AMC 34984 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, SB3733 Engrossed - 452 - LRB096 19592 AMC 34984 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, SB3733 Enrolled - 452 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 453 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 453 - LRB096 19592 AMC 34984 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) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be SB3733 Engrossed - 454 - LRB096 19592 AMC 34984 b used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(11) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be SB3733 Enrolled - 454 - LRB096 19592 AMC 34984 b used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or SB3733 Engrossed - 455 - LRB096 19592 AMC 34984 b racing for prizes.
(15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or SB3733 Enrolled - 455 - LRB096 19592 AMC 34984 b racing for prizes.
(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 SB3733 Engrossed - 456 - LRB096 19592 AMC 34984 b manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a SB3733 Enrolled - 456 - LRB096 19592 AMC 34984 b manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area.
(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, SB3733 Engrossed - 457 - LRB096 19592 AMC 34984 b foundation, or institution that is determined by the Department to be organized and operated exclusively for educational 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, SB3733 Enrolled - 457 - LRB096 19592 AMC 34984 b foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the SB3733 Engrossed - 458 - LRB096 19592 AMC 34984 b purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the SB3733 Enrolled - 458 - LRB096 19592 AMC 34984 b purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
(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 SB3733 Engrossed - 459 - LRB096 19592 AMC 34984 b longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(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 SB3733 Enrolled - 459 - LRB096 19592 AMC 34984 b longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
Taxpayers shall maintain all necessary books and records to substantiate the use and SB3733 Engrossed - 460 - LRB096 19592 AMC 34984 b consumption of all such tangible personal property outside of the State of Illinois.
Taxpayers shall maintain all necessary books and records to substantiate the use and SB3733 Enrolled - 460 - LRB096 19592 AMC 34984 b consumption of all such tangible personal property outside of the State of Illinois.
(29) (28) Beginning January 1, 2010, materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft as part of the modification, refurbishment, SB3733 Engrossed - 461 - LRB096 19592 AMC 34984 b completion, replacement, repair, or maintenance of the aircraft.
(29) (28) Beginning January 1, 2010, materials, parts, equipment, components, and furnishings incorporated into or upon an aircraft as part of the modification, refurbishment, SB3733 Enrolled - 461 - LRB096 19592 AMC 34984 b completion, replacement, repair, or maintenance of the aircraft.
The following tangible personal SB3733 Engrossed - 462 - LRB096 19592 AMC 34984 b property is exempt from the tax imposed by this Act:
The following tangible personal SB3733 Enrolled - 462 - LRB096 19592 AMC 34984 b property is exempt from the tax imposed by this Act:
SB3733 Engrossed - 463 - LRB096 19592 AMC 34984 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.
SB3733 Enrolled - 463 - LRB096 19592 AMC 34984 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, SB3733 Engrossed - 464 - LRB096 19592 AMC 34984 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, SB3733 Enrolled - 464 - LRB096 19592 AMC 34984 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 SB3733 Engrossed - 465 - LRB096 19592 AMC 34984 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 SB3733 Enrolled - 465 - LRB096 19592 AMC 34984 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) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be SB3733 Engrossed - 466 - LRB096 19592 AMC 34984 b used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(11) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be SB3733 Enrolled - 466 - LRB096 19592 AMC 34984 b used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or SB3733 Engrossed - 467 - LRB096 19592 AMC 34984 b Jockey Club, as appropriate, used for purposes of breeding or racing for prizes.
(15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or SB3733 Enrolled - 467 - LRB096 19592 AMC 34984 b Jockey Club, as appropriate, used for purposes of breeding or racing for prizes.
(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 SB3733 Engrossed - 468 - LRB096 19592 AMC 34984 b disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared SB3733 Enrolled - 468 - LRB096 19592 AMC 34984 b disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area.
(21) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a SB3733 Engrossed - 469 - LRB096 19592 AMC 34984 b corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
(21) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a SB3733 Enrolled - 469 - LRB096 19592 AMC 34984 b corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from SB3733 Engrossed - 470 - LRB096 19592 AMC 34984 b another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from SB3733 Enrolled - 470 - LRB096 19592 AMC 34984 b another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
(25) Beginning on the effective date of this amendatory Act of the 92nd General Assembly, personal property sold to a SB3733 Engrossed - 471 - LRB096 19592 AMC 34984 b lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(25) Beginning on the effective date of this amendatory Act of the 92nd General Assembly, personal property sold to a SB3733 Enrolled - 471 - LRB096 19592 AMC 34984 b lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
Taxpayers shall maintain all SB3733 Engrossed - 472 - LRB096 19592 AMC 34984 b necessary books and records to substantiate the use and consumption of all such tangible personal property outside of the State of Illinois.
Taxpayers shall maintain all SB3733 Enrolled - 472 - LRB096 19592 AMC 34984 b necessary books and records to substantiate the use and consumption of all such tangible personal property outside of the State of Illinois.
(29) (28) Beginning January 1, 2010, materials, parts, equipment, components, and furnishings incorporated into or SB3733 Engrossed - 473 - LRB096 19592 AMC 34984 b upon an aircraft as part of the modification, refurbishment, completion, replacement, repair, or maintenance of the aircraft.
(29) (28) Beginning January 1, 2010, materials, parts, equipment, components, and furnishings incorporated into or SB3733 Enrolled - 473 - LRB096 19592 AMC 34984 b upon an aircraft as part of the modification, refurbishment, completion, replacement, repair, or maintenance of the aircraft.
439.103-10) SB3733 Engrossed - 474 - LRB096 19592 AMC 34984 b (Text of Section before amendment by P.A.
439.103-10) SB3733 Enrolled - 474 - LRB096 19592 AMC 34984 b (Text of Section before amendment by P.A.
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 SB3733 Engrossed - 475 - LRB096 19592 AMC 34984 b service on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013, and (iii) 100% of the cost price thereafter.
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 SB3733 Enrolled - 475 - LRB096 19592 AMC 34984 b service on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013, and (iii) 100% of the cost price thereafter.
SB3733 Engrossed - 476 - LRB096 19592 AMC 34984 b With respect to 100% biodiesel, as defined in the Use Tax Act, and biodiesel blends, as defined in the Use Tax Act, with more than 10% but no more than 99% biodiesel material, the tax imposed by this Act does not apply to the proceeds of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013 but applies to 100% of the selling price thereafter.
SB3733 Enrolled - 476 - LRB096 19592 AMC 34984 b With respect to 100% biodiesel, as defined in the Use Tax Act, and biodiesel blends, as defined in the Use Tax Act, with more than 10% but no more than 99% biodiesel material, the tax imposed by this Act does not apply to the proceeds of the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013 but applies to 100% of the selling price thereafter.
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 SB3733 Engrossed - 477 - LRB096 19592 AMC 34984 b that has been prepared for immediate consumption and is not otherwise included in this paragraph) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use.
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 SB3733 Enrolled - 477 - LRB096 19592 AMC 34984 b that has been prepared for immediate consumption and is not otherwise included in this paragraph) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use.
Until August 1, 2009, and notwithstanding any other provisions of this Act, "food for human consumption that is to SB3733 Engrossed - 478 - LRB096 19592 AMC 34984 b be consumed off the premises where it is sold" includes all food sold through a vending machine, except soft drinks, and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
Until August 1, 2009, and notwithstanding any other provisions of this Act, "food for human consumption that is to SB3733 Enrolled - 478 - LRB096 19592 AMC 34984 b be consumed off the premises where it is sold" includes all food sold through a vending machine, except soft drinks, and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine.
For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and screens, unless those products are available by SB3733 Engrossed - 479 - LRB096 19592 AMC 34984 b prescription only, regardless of whether the products meet the definition of "over-the-counter-drugs".
For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and screens, unless those products are available by SB3733 Enrolled - 479 - LRB096 19592 AMC 34984 b prescription only, regardless of whether the products meet the definition of "over-the-counter-drugs".
If the selling price is not so shown, the selling price of the tangible personal property is deemed to be 50% of the SB3733 Engrossed - 480 - LRB096 19592 AMC 34984 b serviceman's entire billing to the service customer.
If the selling price is not so shown, the selling price of the tangible personal property is deemed to be 50% of the SB3733 Enrolled - 480 - LRB096 19592 AMC 34984 b serviceman's entire billing to the service customer.
With respect to majority blended ethanol fuel, as defined in the Use Tax Act, the tax imposed by this Act does not apply to the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013 but applies to 100% of the selling price SB3733 Engrossed - 481 - LRB096 19592 AMC 34984 b thereafter.
With respect to majority blended ethanol fuel, as defined in the Use Tax Act, the tax imposed by this Act does not apply to the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2013 but applies to 100% of the selling price SB3733 Enrolled - 481 - LRB096 19592 AMC 34984 b thereafter.
At the election of any registered serviceman made for each fiscal year, sales of service in which the aggregate annual cost price of tangible personal property transferred as an incident to the sales of service is less than 35%, or 75% in the case of servicemen transferring prescription drugs or SB3733 Engrossed - 482 - LRB096 19592 AMC 34984 b servicemen engaged in graphic arts production, of the aggregate annual total gross receipts from all sales of service, the tax imposed by this Act shall be based on the serviceman's cost price of the tangible personal property transferred incident to the sale of those services.
At the election of any registered serviceman made for each fiscal year, sales of service in which the aggregate annual cost price of tangible personal property transferred as an incident to the sales of service is less than 35%, or 75% in the case of servicemen transferring prescription drugs or SB3733 Enrolled - 482 - LRB096 19592 AMC 34984 b servicemen engaged in graphic arts production, of the aggregate annual total gross receipts from all sales of service, the tax imposed by this Act shall be based on the serviceman's cost price of the tangible personal property transferred incident to the sale of those services.
the term "soft drinks" means any complete, finished, ready-to-use, non-alcoholic drink, whether carbonated or not, including but not limited to soda water, cola, fruit juice, vegetable juice, carbonated water, and all other preparations commonly known as soft drinks of whatever kind or description that are contained in any closed or sealed SB3733 Engrossed - 483 - LRB096 19592 AMC 34984 b can, carton, or container, regardless of size;
the term "soft drinks" means any complete, finished, ready-to-use, non-alcoholic drink, whether carbonated or not, including but not limited to soda water, cola, fruit juice, vegetable juice, carbonated water, and all other preparations commonly known as soft drinks of whatever kind or description that are contained in any closed or sealed SB3733 Enrolled - 483 - LRB096 19592 AMC 34984 b can, carton, or container, regardless of size;
Notwithstanding any other provisions of this Act, beginning September 1, 2009, "food for human consumption that is to be consumed off the premises where it is sold" does not SB3733 Engrossed - 484 - LRB096 19592 AMC 34984 b include candy.
Notwithstanding any other provisions of this Act, beginning September 1, 2009, "food for human consumption that is to be consumed off the premises where it is sold" does not SB3733 Enrolled - 484 - LRB096 19592 AMC 34984 b include candy.
revised 9-25-09.) SB3733 Engrossed - 485 - LRB096 19592 AMC 34984 b Section 210.
revised 9-25-09.) SB3733 Enrolled - 485 - LRB096 19592 AMC 34984 b Section 210.
Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor SB3733 Engrossed - 486 - LRB096 19592 AMC 34984 b vehicle required to be licensed, if the selling price of the tender is separately stated.
Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor SB3733 Enrolled - 486 - LRB096 19592 AMC 34984 b vehicle required to be licensed, if the selling price of the tender is separately stated.
(4) Until July 1, 2003 and beginning again September 1, 2004 through August 30, 2014, graphic arts machinery and SB3733 Engrossed - 487 - LRB096 19592 AMC 34984 b equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production.
(4) Until July 1, 2003 and beginning again September 1, 2004 through August 30, 2014, graphic arts machinery and SB3733 Enrolled - 487 - LRB096 19592 AMC 34984 b equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production.
(8) Personal property sold to an Illinois county fair SB3733 Engrossed - 488 - LRB096 19592 AMC 34984 b association for use in conducting, operating, or promoting the county fair.
(8) Personal property sold to an Illinois county fair SB3733 Enrolled - 488 - LRB096 19592 AMC 34984 b association for use in conducting, operating, or promoting the county fair.
(11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution SB3733 Engrossed - 489 - LRB096 19592 AMC 34984 b organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
(11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution SB3733 Enrolled - 489 - LRB096 19592 AMC 34984 b organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
Beginning on July 1, 2004 and SB3733 Engrossed - 490 - LRB096 19592 AMC 34984 b through June 30, 2005, the use in this State of motor vehicles of the second division:
Beginning on July 1, 2004 and SB3733 Enrolled - 490 - LRB096 19592 AMC 34984 b through June 30, 2005, the use in this State of motor vehicles of the second division:
(14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are SB3733 Engrossed - 491 - LRB096 19592 AMC 34984 b owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser.
(14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are SB3733 Enrolled - 491 - LRB096 19592 AMC 34984 b owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser.
(18) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the SB3733 Engrossed - 492 - LRB096 19592 AMC 34984 b United States of America, or the government of any foreign country, and bullion.
(18) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the SB3733 Enrolled - 492 - LRB096 19592 AMC 34984 b United States of America, or the government of any foreign country, and bullion.
(22) Fuel and petroleum products sold to or used by an air carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a SB3733 Engrossed - 493 - LRB096 19592 AMC 34984 b location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(22) Fuel and petroleum products sold to or used by an air carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a SB3733 Enrolled - 493 - LRB096 19592 AMC 34984 b location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(25-5) The exemption under item (25) does not apply if the state in which the motor vehicle will be titled does not allow SB3733 Engrossed - 494 - LRB096 19592 AMC 34984 b a reciprocal exemption for a motor vehicle sold and delivered in that state to an Illinois resident but titled in Illinois.
(25-5) The exemption under item (25) does not apply if the state in which the motor vehicle will be titled does not allow SB3733 Enrolled - 494 - LRB096 19592 AMC 34984 b a reciprocal exemption for a motor vehicle sold and delivered in that state to an Illinois resident but titled in Illinois.
SB3733 Engrossed - 495 - LRB096 19592 AMC 34984 b (25-7) Beginning on July 1, 2007, no tax is imposed under this Act on the sale of an aircraft, as defined in Section 3 of the Illinois Aeronautics Act, if all of the following conditions are met:
SB3733 Enrolled - 495 - LRB096 19592 AMC 34984 b (25-7) Beginning on July 1, 2007, no tax is imposed under this Act on the sale of an aircraft, as defined in Section 3 of the Illinois Aeronautics Act, if all of the following conditions are met:
"Based in this State" means hangared, stored, or otherwise used, excluding post-sale customizations as defined in this Section, for 10 or more days in each 12-month period SB3733 Engrossed - 496 - LRB096 19592 AMC 34984 b immediately following the date of the sale of the aircraft.
"Based in this State" means hangared, stored, or otherwise used, excluding post-sale customizations as defined in this Section, for 10 or more days in each 12-month period SB3733 Enrolled - 496 - LRB096 19592 AMC 34984 b immediately following the date of the sale of the aircraft.
(28) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a SB3733 Engrossed - 497 - LRB096 19592 AMC 34984 b hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act.
(28) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a SB3733 Enrolled - 497 - LRB096 19592 AMC 34984 b hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act.
(31) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and SB3733 Engrossed - 498 - LRB096 19592 AMC 34984 b 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.
(31) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and SB3733 Enrolled - 498 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Engrossed - 499 - LRB096 19592 AMC 34984 b 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, 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 SB3733 Enrolled - 499 - LRB096 19592 AMC 34984 b follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation.
SB3733 Engrossed - 500 - LRB096 19592 AMC 34984 b (35-5) Beginning August 23, 2001 and through June 30, 2011, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act.
SB3733 Enrolled - 500 - LRB096 19592 AMC 34984 b (35-5) Beginning August 23, 2001 and through June 30, 2011, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act.
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Action History

  1. Public Act . . . . . . . . . 96-1000

  2. Effective Date July 2, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 117-000-000

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

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000

  11. Assigned to Judiciary I - Civil Law Committee

  12. Committee Deadline Extended-Rule 9(b) April 30, 2010

  13. Referred to Rules Committee

  14. First Reading

  15. Placed on Calendar Order of First Reading

  16. Chief House Sponsor Rep. Sidney H. Mathias

  17. Arrived in House

  18. Third Reading - Passed; 058-000-000

  19. Added as Co-Sponsor Sen. Donne E. Trotter

  20. Placed on Calendar Order of 3rd Reading March 11, 2010

  21. Second Reading

  22. Placed on Calendar Order of 2nd Reading March 9, 2010

  23. Do Pass State Government and Veterans Affairs; 008-000-000

  24. Assigned to State Government and Veterans Affairs

  25. Referred to Assignments

  26. First Reading

  27. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William R. Haine

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 101000
Democrat 12001
Republican 4000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Myers — Yea
Holbrook — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Davis, Monique — Yea
Reitz — Yea
Senger — Yea
Sente — Yea
Sommer — Yea
Soto — Yea
Lyons — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Kosel — Yea
Madigan — Yea
Burke — Yea
Sullivan — Yea
Mendoza — Yea
Moffitt — Yea
Mitchell, Bill — Yea
Mulligan — Yea
Nekritz — Yea
Mitchell, Jerry — Yea
Phelps — Yea
Gordon, Careen — Yea
Pihos — Yea
Gordon, Jehan — Yea
Thapedi — Yea
Hannig — Yea
Harris — Yea
Tryon — Yea
Turner — Yea
Hernandez — Yea
Verschoore — Yea
Watson — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Howard — Yea
Yarbrough — Yea
Zalewski — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Fritchey — Yea
Froehlich — Yea
Hatcher — Yea
Jackson — Yea
Jakobsson — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
Carberry — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Golar — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Haine — Yea
Hendon — Yea
Muñoz — Yea
Link — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Radogno — Yea
Schoenberg — Yea
Demuzio — Yea
Silverstein — Yea
Jacobs — Yea
Steans — Yea
Trotter — Yea
Jones, J. — Yea
Viverito — Yea
Brady — Yea
Sullivan — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Hutchinson — Yea
Luechtefeld — Yea
Cullerton — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Not Voting
Hultgren — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — 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 Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3733 do?
Creates the First 2010 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.
Who sponsors SB 3733?
SB 3733 is sponsored by William R. Haine.
What is the current status of SB 3733?
This bill has been enacted into law. Introduced February 11, 2010. Enacted.
Where can I track SB 3733?
Track SB 3733 free on One Click Politics — get push/email alerts when it moves.

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