Full Text of HB4585 95th General Assembly
HB4585ham002 95TH GENERAL ASSEMBLY
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Rep. Jack D. Franks
Filed: 3/28/2008
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LRB095 15275 DRJ 47820 a |
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| AMENDMENT TO HOUSE BILL 4585
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| AMENDMENT NO. ______. Amend House Bill 4585 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Mobile Home Local Services Tax Act is | 5 |
| amended by changing Section 7 as follows:
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| (35 ILCS 515/7) (from Ch. 120, par. 1207)
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| Sec. 7. The local services tax for owners of mobile homes | 8 |
| who (a) are
actually residing in such mobile homes, (b) hold | 9 |
| title to such mobile
home as provided in the " Illinois Vehicle | 10 |
| Code ", approved September 29,
1969, as amended , and (c) are 65 | 11 |
| years of age or older or are disabled
persons within the | 12 |
| meaning of Section 3.14 of the " Senior Citizens and
Disabled | 13 |
| Persons Property Tax Relief and Pharmaceutical Assistance Act "
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| on the annual billing date
shall be reduced to 80 percent of | 15 |
| the tax provided for in Section 3 of
this Act. Proof that a |
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| claimant has been issued an Illinois Disabled
Person | 2 |
| Identification Card stating that the claimant is under a Class | 3 |
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disability, as provided in Section 4A of the The Illinois | 4 |
| Identification Card
Act, shall constitute proof that the person | 5 |
| thereon named is a disabled
person within the meaning of this | 6 |
| Act. An application for reduction of
the tax shall be filed | 7 |
| with
the county clerk by the individuals who are entitled to | 8 |
| the reduction.
If the application is filed after May 1, the | 9 |
| reduction in tax shall
begin with the next annual bill. | 10 |
| Application for the reduction in tax
shall be done by | 11 |
| submitting proof that the applicant has been issued an
Illinois | 12 |
| Disabled Person Identification Card designating the | 13 |
| applicant's
disability as a Class 2 disability, or by affidavit | 14 |
| in substantially the
following form:
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| APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
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| I hereby make application for a reduction to 80% of the | 17 |
| total tax
imposed under "An Act to provide for a local services
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| tax on mobile homes".
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| (1) Senior Citizens
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| (a) I actually reside in the mobile home ....
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| (b) I hold title to the mobile home as provided in the | 22 |
| Illinois
Vehicle Code ....
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| (c) I reached the age of 65 on or before either January 1 | 24 |
| (or July
1) of the year in which this statement is filed. My | 25 |
| date of birth is: ...
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| (2) Disabled Persons
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| (a) I actually reside in the mobile home...
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| (b) I hold title to the mobile home as provided in the | 3 |
| Illinois
Vehicle Code ....
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| (c) I was totally disabled on ... and have remained | 5 |
| disabled until
the date of this application. My Social | 6 |
| Security, Veterans, Railroad or
Civil Service Total Disability | 7 |
| Claim Number is ... The undersigned
declares under the penalty | 8 |
| of perjury that the above statements are true
and correct.
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| Dated (insert date).
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| ...........................
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| Signature of owner
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| ...........................
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| (Address)
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| ...........................
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| (City) (State) (Zip)
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| Approved by:
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| .............................
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| (Assessor)
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| This application shall be accompanied by a copy of the | 20 |
| applicant's
most recent application filed with the Illinois | 21 |
| Department on Aging of Revenue
under the " Senior Citizens and | 22 |
| Disabled Persons Property Tax Relief and
Pharmaceutical | 23 |
| Assistance Act ," approved July 17, 1972, as amended .
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| Section 10. The Citizens Utility Board Act is amended by | 2 |
| changing Section 9 as follows:
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| (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
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| Sec. 9. Mailing procedure.
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| (1) As used in this Section:
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| (a) "Enclosure" means a card, leaflet, envelope or | 7 |
| combination thereof
furnished by the corporation under | 8 |
| this Section.
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| (b) "Mailing" means any communication by a State | 10 |
| agency, other than
a mailing made by the Department of | 11 |
| Revenue under the Senior Citizens and
Disabled Persons | 12 |
| Property Tax Relief and Pharmaceutical Assistance Act,
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| that is sent through the United States Postal Service to | 14 |
| more than 50,000
persons within a 12-month period.
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| (c) "State agency" means any officer, department, | 16 |
| board, commission,
institution or entity of the executive | 17 |
| or legislative
branches of State government.
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| (2) To accomplish its powers and duties under Section 5 | 19 |
| this Act, the
corporation, subject to the following | 20 |
| limitations, may prepare and furnish
to any State agency an | 21 |
| enclosure to be included with a mailing by that agency.
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| (a) A State agency furnished with an enclosure shall | 23 |
| include the
enclosure within the mailing designated by the | 24 |
| corporation.
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| (b) An enclosure furnished by the corporation under |
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| this Section shall
be provided to the State agency a | 2 |
| reasonable period of time in advance of
the mailing.
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| (c) An enclosure furnished by the corporation under | 4 |
| this Section shall be
limited to informing the reader of | 5 |
| the purpose, nature and activities of the
corporation as | 6 |
| set forth in this Act and informing the reader that it may
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| become a member in the corporation, maintain membership in | 8 |
| the corporation
and contribute money to the corporation | 9 |
| directly.
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| (d) Prior to furnishing an enclosure to the State | 11 |
| agency, the
corporation shall seek and obtain approval of | 12 |
| the content of the enclosure
from the Illinois Commerce | 13 |
| Commission. The Commission shall approve the
enclosure if | 14 |
| it determines that the enclosure (i) is not false or
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| misleading and (ii) satisfies the requirements of this Act. | 16 |
| The Commission
shall be deemed to have approved the | 17 |
| enclosure unless it disapproves the
enclosure within 14 | 18 |
| days from the date of receipt.
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| (3) The corporation shall reimburse each State agency for | 20 |
| all reasonable
incremental costs incurred by the State agency | 21 |
| in complying with this
Section above the agency's normal | 22 |
| mailing and handling costs, provided that:
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| (a) The State agency shall first furnish the | 24 |
| corporation with an
itemized accounting of such additional | 25 |
| cost; and
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| (b) The corporation shall not be required to reimburse |
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| the State agency
for postage costs if the weight of the | 2 |
| corporation's enclosure does not
exceed .35 ounce | 3 |
| avoirdupois. If the corporation's enclosure exceeds that
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| weight, then it shall only be required to reimburse the | 5 |
| State agency for
postage cost over and above what the | 6 |
| agency's postage cost would have been
had the enclosure | 7 |
| weighed only .35 ounce avoirdupois.
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| (Source: P.A. 87-205.)
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| Section 15. The Senior Citizens and Disabled Persons | 10 |
| Property Tax Relief and
Pharmaceutical Assistance Act is | 11 |
| amended by changing Sections 1, 2, 3.01, 3.04, 3.05, 3.06, | 12 |
| 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.17, 7, 8, 8a, | 13 |
| 9, 10, 11, 12, and 13 and by adding Sections 1.5, 3.01a, 3.03a, | 14 |
| 3.05a, 4A, 5A, 5A.5, 5A.10, 5A.15, 5A.20, 6A, 6A.5, 6A.10, | 15 |
| 6A.15, 6A.20, 6A.25, 6A.30, 6A.35, and 7.5 as follows:
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| (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
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| Sec. 1. Short title ; common name . This Article shall be | 18 |
| known and may be cited as the "Senior Citizens and
Disabled | 19 |
| Persons Property Tax Relief and Pharmaceutical Assistance
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| Act". Common references to the "Circuit Breaker Act" mean this | 21 |
| Article. As used in this Article, "this Act" means this | 22 |
| Article.
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| (Source: P.A. 83-1531.)
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| (320 ILCS 25/1.5 new) | 2 |
| Sec. 1.5. Implementation of Executive Order No. 3 of 2004. | 3 |
| Executive Order No. 3 of 2004, in part, provided for the | 4 |
| transfer of the programs under this Act from the Department of | 5 |
| Revenue to the Department on Aging and the Department of | 6 |
| Healthcare and Family Services. It is the purpose of this | 7 |
| amendatory Act of the 95th General Assembly to conform this Act | 8 |
| and certain related provisions of other statutes to that | 9 |
| Executive Order. This amendatory Act of the 95th General | 10 |
| Assembly also reorganizes and makes technical and other changes | 11 |
| to this Act to improve its organization and readability. This | 12 |
| amendatory Act of the 95th General Assembly does not accelerate | 13 |
| or delay the taking effect of any changes in the law made by | 14 |
| Executive Order No. 3 of 2004.
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| (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
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| Sec. 2. Purpose.
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| The purpose of this Act is to provide incentives to the | 18 |
| senior citizens
and disabled persons of this State to acquire | 19 |
| and retain private housing of
their choice and at the same time | 20 |
| to relieve those citizens from the
burdens of extraordinary | 21 |
| property taxes and rising drug costs against their increasingly
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| restricted earning power, and thereby to reduce the | 23 |
| requirements for public
housing in this State.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.01) (from Ch. 67 1/2, par. 403.01)
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| Sec. 3.01. Claimant. "Claimant" means an individual who has | 3 |
| filed a claim for a property tax relief grant under this Act. | 4 |
| In appropriate contexts, "claimant" also includes a person who | 5 |
| has applied for pharmaceutical assistance under this Act or for | 6 |
| other benefits that are based on eligibility for benefits under | 7 |
| this Act.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.01a new)
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| Sec. 3.01a. Claim year. "Claim year" means the calendar | 11 |
| year prior to the period of time during which a claimant may | 12 |
| file an application for benefits under this Act. | 13 |
| (320 ILCS 25/3.03a new)
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| Sec. 3.03a. Federal Poverty Level. "Federal Poverty Level" | 15 |
| means the federal poverty income guidelines as determined | 16 |
| annually by the United States Department of Health and Human | 17 |
| Services and updated periodically in the Federal Register by | 18 |
| that Department under the authority of 42 U.S.C. 9902(2).
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| (320 ILCS 25/3.04) (from Ch. 67 1/2, par. 403.04)
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| Sec. 3.04. Gross rent. "Gross rent Rent " means the total | 21 |
| amount paid solely for the right to occupy
a residence.
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| If the residence is a nursing or sheltered care home, | 23 |
| "gross rent" means
the amount paid in a taxable year that is |
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| attributable to the cost of
housing, but not of meals or care, | 2 |
| for the claimant in that home,
determined in accordance with | 3 |
| regulations of the Department on Aging .
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| (Source: P.A. 78-1249; 78-1297.)
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| (320 ILCS 25/3.05) (from Ch. 67 1/2, par. 403.05)
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| Sec. 3.05. Household. "Household" means a claimant or a | 7 |
| claimant and his or her spouse , if any, living
together in the | 8 |
| same residence. The term does not include any additional | 9 |
| resident who lives with the claimant.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.05a new) | 12 |
| Sec. 3.05a. Additional resident. "Additional resident" | 13 |
| means a person who (i) is living in the same residence with a | 14 |
| claimant for the claim year and at the time of filing the | 15 |
| claim, (ii) is not the spouse of the claimant, (iii) does not | 16 |
| file a separate claim under this Act for the same period, and | 17 |
| (iv) receives more than half of his or her total financial | 18 |
| support for that claim year from the household.
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| (320 ILCS 25/3.06) (from Ch. 67 1/2, par. 403.06)
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| Sec. 3.06. Household income. "Household income" means the | 21 |
| combined income of the members of a
household. The term does | 22 |
| not include the income of any qualified additional resident who | 23 |
| lives with the claimant.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
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| Sec. 3.07. Income. "Income" means adjusted gross income, | 4 |
| properly reportable for
federal income tax purposes under the | 5 |
| provisions of the Internal Revenue Code,
modified by adding | 6 |
| thereto the sum of the following amounts to the extent
deducted | 7 |
| or excluded from gross income in the computation of adjusted | 8 |
| gross
income:
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| (A) An amount equal to all amounts paid or accrued as | 10 |
| interest or
dividends during the taxable year;
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| (B) An amount equal to the amount of tax imposed by the | 12 |
| Illinois Income
Tax Act paid for the taxable year;
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| (C) An amount equal to all amounts received during the | 14 |
| taxable year as
an annuity under an annuity, endowment or | 15 |
| life insurance contract or under
any other contract or | 16 |
| agreement;
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| (D) An amount equal to the amount of benefits paid | 18 |
| under the Federal
Social Security Act during the taxable | 19 |
| year;
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| (E) An amount equal to the amount of benefits paid | 21 |
| under the Railroad
Retirement Act during the taxable year;
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| (F) An amount equal to the total amount of cash public | 23 |
| assistance
payments received from any governmental agency | 24 |
| during the taxable year
other than benefits received | 25 |
| pursuant to this Act;
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| (G) An amount equal to any net operating loss carryover | 2 |
| deduction or
capital loss carryover deduction during the | 3 |
| taxable year;
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| (H) An For claim years beginning on or after January 1, | 5 |
| 2002, an amount
equal to any benefits received under the | 6 |
| Workers' Compensation Act or the
Workers' Occupational | 7 |
| Diseases Act during the
taxable year.
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| "Income" does not include any grant assistance received | 9 |
| under the Nursing
Home Grant Assistance Act or any | 10 |
| distributions or items of income described
under subparagraph | 11 |
| (X) of paragraph (2) of subsection (a) of Section 203 of
the | 12 |
| Illinois Income Tax Act.
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| This amendatory Act of 1987 shall be effective for purposes | 14 |
| of this
Section for tax years ending on or after December 31, | 15 |
| 1987.
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| (Source: P.A. 91-676, eff. 12-23-99; 92-131, eff. 7-23-01; | 17 |
| 92-519, eff.
1-1-02.)
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| (320 ILCS 25/3.08) (from Ch. 67 1/2, par. 403.08)
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| Sec. 3.08. Internal Revenue Code. "Internal Revenue Code" | 20 |
| means the United States Internal Revenue Code of 1986
1954 or | 21 |
| any successor law or laws relating to federal income taxes in
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| effect for the year.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
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| Sec. 3.09. Property taxes accrued. "Property taxes | 2 |
| accrued" means the ad valorem property taxes
extended against a | 3 |
| residence, but does not include special assessments,
interest | 4 |
| or charges for service. In the case of real estate improved | 5 |
| with a
multidwelling or multipurpose building, "property taxes | 6 |
| accrued" extended
against a residence within such a building is | 7 |
| an amount equal to the same
percentage of the total property | 8 |
| taxes extended against that real estate as
improved as the | 9 |
| value of the residence is to the total value of the
building. | 10 |
| If the multidwelling building is owned and operated as a
| 11 |
| cooperative, the value of an individual residence is the value | 12 |
| of the
interest in the cooperative held by the owner of record | 13 |
| of the legal or
equitable interest, other than a leasehold | 14 |
| interest, in the cooperative
which confers the right to occupy | 15 |
| that residence.
In determining the amount of grant under | 16 |
| Section 5A.15 4 for 1976
and thereafter , the applicable | 17 |
| "property taxes accrued",
as determined under this Section, are | 18 |
| those payable or paid
in the last preceding taxable year.
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| In addition, if the residence is a mobile home as defined | 20 |
| in and subject
to the tax imposed by the Mobile Home Local | 21 |
| Services Tax Act, "property taxes
accrued" includes the amount | 22 |
| of privilege tax paid during the calendar year for
which | 23 |
| benefits are claimed under that Act on that mobile home. If | 24 |
| Beginning in
taxable year 1999, if (i) the residence is a | 25 |
| mobile home, (ii) the resident is
the record owner of the | 26 |
| property upon which the mobile home is
located, and (iii) the |
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| resident is liable for the taxes imposed under the
Property Tax | 2 |
| Code for both the mobile home and the property, then "property
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| taxes accrued" includes the amount of property taxes paid on | 4 |
| both the mobile
home and the property upon which the mobile | 5 |
| home is located.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-391, eff. 7-30-99.)
| 7 |
| (320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
| 8 |
| Sec. 3.10. Regulations. "Regulations" includes both rules | 9 |
| promulgated and forms prescribed by the applicable
Department. | 10 |
| In this Act, references to the rules of the Department on Aging | 11 |
| or the Department of Healthcare and Family Services shall be | 12 |
| deemed to include, in appropriate cases, the corresponding | 13 |
| rules adopted by the Department of Revenue, to the extent that | 14 |
| those rules continue in force under Executive Order No. 3 of | 15 |
| 2004.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.11) (from Ch. 67 1/2, par. 403.11)
| 18 |
| Sec. 3.11. Rent constituting property taxes accrued. "Rent | 19 |
| constituting property taxes accrued" means 25% of the
amount of | 20 |
| gross rent paid in a taxable year for a residence that which | 21 |
| was subject
to ad valorem property taxes in that year under the | 22 |
| Property Tax Code.
| 23 |
| (Source: P.A. 87-860; 88-670, eff. 12-2-94.)
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| (320 ILCS 25/3.12) (from Ch. 67 1/2, par. 403.12)
| 2 |
| Sec. 3.12. Residence. "Residence" means the principal | 3 |
| dwelling place occupied in this State by
a household and so | 4 |
| much of the surrounding land as is reasonably necessary
for use | 5 |
| of the dwelling as a home, and includes rental property, mobile
| 6 |
| homes, single family dwellings, and units in multifamily, | 7 |
| multidwelling or
multipurpose buildings. If the assessor has | 8 |
| established a specific legal
description for a portion of | 9 |
| property constituting the residence, then that
portion of | 10 |
| property shall be deemed "residence" for the purposes of this
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| Act. "Residence" also includes that portion of a nursing or | 12 |
| sheltered care
home occupied as a dwelling by a claimant, | 13 |
| determined as prescribed in
regulations of the Department on | 14 |
| Aging .
| 15 |
| (Source: P.A. 78-1249.)
| 16 |
| (320 ILCS 25/3.13) (from Ch. 67 1/2, par. 403.13)
| 17 |
| Sec. 3.13. Taxable year. "Taxable year" means the calendar | 18 |
| year during which ad valorem property
taxes payable in the next | 19 |
| succeeding calendar year were levied.
| 20 |
| (Source: P.A. 77-2059.)
| 21 |
| (320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
| 22 |
| Sec. 3.14. Disabled person. "Disabled person" means a | 23 |
| person unable to engage in any substantial
gainful activity by | 24 |
| reason of a medically determinable physical or mental
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| impairment that which can be expected to result in death or has | 2 |
| lasted or can be
expected to last for a continuous period of | 3 |
| not less than 12 months.
Disabled persons filing claims under | 4 |
| this Act shall submit proof of
disability in such form and | 5 |
| manner as the Department on Aging shall by rule and
regulation | 6 |
| prescribe. Proof that a claimant is eligible to receive
| 7 |
| disability benefits under the federal Federal Social Security | 8 |
| Act shall constitute
proof of disability for purposes of this | 9 |
| Act. Issuance of an Illinois
Disabled Person Identification | 10 |
| Card stating that the claimant is under a
Class 2 disability, | 11 |
| as defined in Section 4A of the The Illinois Identification
| 12 |
| Card Act, shall constitute proof that the person named thereon | 13 |
| is a
disabled person for purposes of this Act. A disabled | 14 |
| person not covered
under the federal Federal Social Security | 15 |
| Act
and not presenting a Disabled Person Identification Card | 16 |
| stating that
the claimant is under a Class 2 disability
shall | 17 |
| be examined by a physician
designated by the Department on | 18 |
| Aging , and his or her status as a disabled person
determined | 19 |
| using the same standards as are used by the Social Security
| 20 |
| Administration. The costs of any required examination shall be | 21 |
| borne by the
claimant.
| 22 |
| (Source: P.A. 83-1421.)
| 23 |
| (320 ILCS 25/3.17) (from Ch. 67 1/2, par. 403.17)
| 24 |
| Sec. 3.17. Authorized pharmacy. "Authorized pharmacy" | 25 |
| means any pharmacy enrolled with the Department of Healthcare |
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| and Family Services registered
in this State under the Pharmacy | 2 |
| Practice Act .
| 3 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 4 |
| (320 ILCS 25/4A new) | 5 |
| Sec. 4A. Application. | 6 |
| (a) The Department on Aging shall establish the form, | 7 |
| required eligibility and identification information, use of | 8 |
| social security numbers, and manner of applying for benefits | 9 |
| under this Act including claims filed on an emergency basis for | 10 |
| new or renewed prescription drug benefits. | 11 |
| (b) The application may enable persons to apply separately | 12 |
| or for both a property tax relief grant and pharmaceutical | 13 |
| assistance on the same application. The application may also | 14 |
| enable persons to apply for other State or federal programs | 15 |
| that provide medical or pharmaceutical assistance or other | 16 |
| benefits, as determined by the Department on Aging in | 17 |
| conjunction with the Department of Healthcare and Family | 18 |
| Services. | 19 |
| (c) Applications must be filed during the time period | 20 |
| prescribed by the Department. | 21 |
| (320 ILCS 25/5A new) | 22 |
| Sec. 5A. Property Tax Relief; program. There is hereby | 23 |
| established a program of property tax relief grants for senior | 24 |
| citizens and disabled persons, which shall be administered by |
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| the Department on Aging in accordance with this Act and | 2 |
| Executive Order No. 3 of 2004. These grants shall be payable to | 3 |
| eligible claimants as provided in this Act. | 4 |
| (320 ILCS 25/5A.5 new) | 5 |
| Sec. 5A.5. Property Tax Relief; filing of claims. | 6 |
| (a) A person may file a claim for the year in which he or | 7 |
| she turns age 65 during that year. | 8 |
| (b) Only one member of a household may file a claim under | 9 |
| this Act for the claim year; if both members of a household are | 10 |
| otherwise entitled to claim a grant under this Act, they must | 11 |
| agree as to which of them will file a claim for that claim | 12 |
| year. | 13 |
| (c) The right to file a claim under this Act is personal to | 14 |
| the claimant and shall not survive his or her death, but that | 15 |
| right may be exercised on behalf of a claimant by his or her | 16 |
| legal guardian or attorney-in-fact. If a claimant dies after | 17 |
| having filed a timely claim, the amount of the grant shall be | 18 |
| disbursed to the claimant's surviving spouse or, if no spouse | 19 |
| survives, to his or her surviving dependent minor children in | 20 |
| equal parts, provided that the spouse or child, as the case may | 21 |
| be, resided with the claimant at the time he or she filed the | 22 |
| claim. If at the time of disbursement neither the claimant nor | 23 |
| his or her spouse survive, and no dependent minor children of | 24 |
| the claimant survive, then the amount of the claim shall | 25 |
| escheat to the State. |
|
|
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| 1 |
| (320 ILCS 25/5A.10 new) | 2 |
| Sec. 5A.10. Property Tax Relief; eligibility. | 3 |
| (a) To be eligible to claim a grant under this Act, a | 4 |
| person must be one of the following: | 5 |
| (1) An individual who is 65 years old or older (or who | 6 |
| will become 65 years old during the calendar year in which | 7 |
| the claim is filed). | 8 |
| (2) The surviving spouse of a deceased claimant who, at | 9 |
| the time of death, received or was entitled to receive a | 10 |
| grant or pharmaceutical assistance under this Act, if the | 11 |
| surviving spouse will attain age 65 within the 24 months | 12 |
| immediately following the death of the claimant and is | 13 |
| otherwise qualified to receive a grant. | 14 |
| (3) A disabled person who is 16 years old or older. | 15 |
| (b) To be eligible to claim a grant under this Act, a | 16 |
| person must also be a member of a household that meets all of | 17 |
| the following requirements: | 18 |
| (1) In the year for which the claim is filed, the | 19 |
| household was liable for payment of property taxes accrued | 20 |
| or paid rent constituting property taxes accrued. | 21 |
| (2) The household is domiciled in this State at the | 22 |
| time of filing the claim. | 23 |
| (3) The household has annual household income of (i) | 24 |
| less than $22,218 for a one-person household with no | 25 |
| qualified additional residents; (ii) less than $29,480 for |
|
|
|
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| a one-person household with one qualified additional | 2 |
| resident or a 2-person household with no qualified | 3 |
| additional residents; or (iii) less than $36,740 for a | 4 |
| one-person household with 2 or more qualified additional | 5 |
| residents or a 2-person household with one or more | 6 |
| qualified additional residents. ("Annual household income" | 7 |
| does not include the income of any qualified additional | 8 |
| residents.) | 9 |
| On January 1, 2009, a one-time reconciliation shall be | 10 |
| made to the foregoing household income eligibility limits | 11 |
| to ensure correlation with any income exemptions | 12 |
| established through rulemaking adopted by the Department | 13 |
| of Healthcare and Family Services for pharmaceutical | 14 |
| assistance. | 15 |
| Beginning January 1, 2009, the reconciled household | 16 |
| income eligibility limits shall be annually adjusted to | 17 |
| reflect the annual percentage change in Social Security and | 18 |
| Supplemental Security Income benefits based on the Bureau | 19 |
| of Labor Statistics' Consumer Price Index for Urban Wage | 20 |
| Earners and Clerical Workers (CPI-W) on claims filed for | 21 |
| the 2008 grant year and thereafter. | 22 |
| If any household income eligibility limit is less than | 23 |
| 200% of the Federal Poverty Level for any year, the | 24 |
| household income eligibility limit for that year for | 25 |
| households of that size shall be income equal to or less | 26 |
| than 200% of the Federal Poverty Level. |
|
|
|
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| 1 |
| (c) Eligibility to receive a grant under this Act is not | 2 |
| affected by participation in the program of deferrals created | 3 |
| under the Senior Citizens Real Estate Tax Deferral Act. | 4 |
| (d) A qualified individual is not entitled to duplicate | 5 |
| benefits in a claim year as a result of the changes made by | 6 |
| this amendatory Act of 95th General Assembly. | 7 |
| (320 ILCS 25/5A.15 new) | 8 |
| Sec. 5A.15. Property Tax Relief; amount. | 9 |
| (a) In general. Except as otherwise provided in this | 10 |
| Section, the maximum amount of the grant that a claimant is | 11 |
| entitled to claim is the amount by which the property taxes | 12 |
| accrued that were paid or payable during the last preceding tax | 13 |
| year upon the claimant's residence (or the rent constituting | 14 |
| property taxes accrued for the last preceding tax year) exceeds | 15 |
| 3.5% of the claimant's household income for that year, but in | 16 |
| no event is the grant to exceed (i) $700 less 4.5% of household | 17 |
| income for that year for a claimant with a household income of | 18 |
| $14,000 or less or (ii) $70 for a claimant with a household | 19 |
| income for that year of more than $14,000. | 20 |
| (b) Age limitation. With respect to a claim filed by an | 21 |
| individual who will become 65 years old during the calendar | 22 |
| year in which the claim is filed, the amount of any grant to | 23 |
| which that household is entitled shall be an amount equal to | 24 |
| 1/12 of the amount to which the claimant would otherwise be | 25 |
| entitled, multiplied by the number of months in which the |
|
|
|
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| 1 |
| claimant was 65 years of age or older in the calendar year in | 2 |
| which the claim is filed. | 3 |
| (c) Public aid recipients. If household income in one or | 4 |
| more months during a year includes cash assistance in excess of | 5 |
| $55 per month from the Department of Human Services, which was | 6 |
| determined under regulations of that Department on a measure of | 7 |
| need that included an allowance for actual rent or property | 8 |
| taxes paid by the recipient of that assistance, the amount of | 9 |
| grant to which that household is entitled, except as otherwise | 10 |
| provided in subsection (b), shall be the product of (1) the | 11 |
| maximum amount computed as specified in subsection (a) of this | 12 |
| Section and (2) the ratio of the number of months in which | 13 |
| household income did not include such cash assistance over $55 | 14 |
| to the number 12. If household income did not include such cash | 15 |
| assistance over $55 for any months during the year, the amount | 16 |
| of the grant to which the household is entitled shall be the | 17 |
| maximum amount computed as specified in subsection (a) of this | 18 |
| Section. For purposes of this subsection (c), "cash assistance" | 19 |
| does not include any amount received under the federal | 20 |
| Supplemental Security Income (SSI) program. | 21 |
| (d) Joint ownership. If title to the residence is held | 22 |
| jointly by the claimant with a person who is not a member of | 23 |
| his or her household, the grant to which the claimant is | 24 |
| entitled shall be computed using a percentage of the total | 25 |
| property taxes accrued that is the same as the percentage of | 26 |
| ownership held by the claimant in the residence. |
|
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| (e) More than one residence. If a claimant has occupied | 2 |
| more than one residence in the taxable year, he or she may | 3 |
| claim only one residence for any part of a month. In the case | 4 |
| of property taxes accrued, the amount of the grant shall be | 5 |
| prorated by 1/12 of the total property taxes accrued on his or | 6 |
| her residence for each month that he or she owned and occupied | 7 |
| that residence; and, in the case of rent constituting property | 8 |
| taxes accrued, the amount of the grant shall be prorated for | 9 |
| each month's rent payments on the residence actually occupied | 10 |
| during that month. | 11 |
| (f) Claims of one dollar and under. If the amount of a | 12 |
| grant computed under this Section is less than one dollar, the | 13 |
| Department on Aging shall pay to the claimant one dollar. | 14 |
| (320 ILCS 25/5A.20 new) | 15 |
| Sec. 5A.20. Property Tax Relief; administration of claims. | 16 |
| (a) In general. Upon receipt of a timely filed claim, the | 17 |
| Department on Aging shall determine whether the claimant is a | 18 |
| person entitled to a grant under this Act and the amount of a | 19 |
| grant to which he or she is entitled under this Act. The | 20 |
| Department on Aging may require the claimant to furnish | 21 |
| reasonable proof of the statements of domicile, household | 22 |
| income, rent paid, property taxes accrued, and other matters on | 23 |
| which entitlement is based and may withhold payment of a grant | 24 |
| until the additional proof is furnished. | 25 |
| (b) Rental determination. If the Department on Aging finds |
|
|
|
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| that the gross rent used in the computation by a claimant of | 2 |
| rent constituting property taxes accrued exceeds the fair | 3 |
| rental value for the right to occupy that residence, the | 4 |
| Department on Aging may determine the fair rental value for | 5 |
| that residence and recompute rent constituting property taxes | 6 |
| accrued accordingly. | 7 |
| (c) Fraudulent claims. The Department on Aging shall deny a | 8 |
| claim if it determines that the claim was fraudulently prepared | 9 |
| or that the claimant has acquired title to his or her residence | 10 |
| or has paid rent for his or her residence primarily for the | 11 |
| purpose of receiving a grant under this Act. | 12 |
| (d) Payment; notice. If a claim for a grant under this Act | 13 |
| is approved, the Department on Aging shall order the grant to | 14 |
| be paid to the claimant, from appropriations made for that | 15 |
| purpose, in the amount determined by the Department on Aging, | 16 |
| as provided in this Act. If a claim is denied, the Department | 17 |
| on Aging shall cause written notice of the denial and reasons | 18 |
| for the denial to be sent to the claimant. | 19 |
| (e) The Department on Aging may enter into contracts and | 20 |
| other agreements to implement and administer its powers and | 21 |
| duties under this Act. | 22 |
| (f) Notwithstanding any other provision to the contrary, | 23 |
| the Department on Aging may adopt rules regarding applications, | 24 |
| proof of eligibility, required identification information, use | 25 |
| of social security numbers, counting of income, and a method of | 26 |
| computing "gross rent" in the case of a claimant living in a |
|
|
|
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LRB095 15275 DRJ 47820 a |
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| 1 |
| nursing or sheltered care home, and any other rules necessary | 2 |
| for the cost-efficient operation of the program established | 3 |
| under Section 5A. | 4 |
| (320 ILCS 25/6A new) | 5 |
| Sec. 6A. Pharmaceutical Assistance; program. There is | 6 |
| hereby established a program of pharmaceutical assistance to | 7 |
| the aged and disabled, entitled the Illinois Seniors and | 8 |
| Disabled Drug Coverage Program, which shall be administered by | 9 |
| the Department of Healthcare and Family Services and the | 10 |
| Department on Aging in accordance with this Act and Executive | 11 |
| Order No. 3 of 2004, to consist of coverage of specified | 12 |
| prescription drugs on behalf of beneficiaries of the program. | 13 |
| (320 ILCS 25/6A.5 new) | 14 |
| Sec. 6A.5. Pharmaceutical Assistance; eligibility; rules. | 15 |
| (a) To become a beneficiary under the program established | 16 |
| under Section 6A, a person must meet all of the following | 17 |
| requirements: | 18 |
| (1) He or she must be (i) 65 years of age or older or | 19 |
| (ii) a disabled person who is 16 years old or older. | 20 |
| (2) He or she must be domiciled in this State at the | 21 |
| time of filing the claim and while receiving prescription | 22 |
| drug coverage. | 23 |
| (3) He or she must enroll with a qualified Medicare | 24 |
| Part D
Prescription Drug Plan if eligible and apply for all |
|
|
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| available subsidies under Medicare Part D. | 2 |
| (4) He or she must have an annual household income of | 3 |
| (i) less than
$22,218 for a one-person household with no | 4 |
| qualified additional residents; (ii) less than $29,480 for | 5 |
| a one-person household with one qualified additional | 6 |
| resident or a 2-person household with no qualified | 7 |
| additional residents; or (iii) less than $36,740 for a | 8 |
| one-person household with 2 or more qualified additional | 9 |
| residents or a 2-person household with one or more | 10 |
| qualified additional residents, as adjusted for any income | 11 |
| exemptions established through rulemaking adopted by the | 12 |
| Department of Healthcare and Family Services. ("Annual | 13 |
| household income" does not include the income of any | 14 |
| qualified additional residents.) | 15 |
| Beginning January 1, 2009, the foregoing household | 16 |
| income eligibility limits shall be annually adjusted to | 17 |
| reflect the annual percentage change in Social Security and | 18 |
| Supplemental Security Income benefits based on the Bureau | 19 |
| of Labor Statistics' Consumer Price Index for Urban Wage | 20 |
| Earners and Clerical Workers (CPI-W) on claims filed for | 21 |
| the 2008 grant year and thereafter. | 22 |
| If any income eligibility limit set forth in items (i) | 23 |
| through (iii) is less than 200% of the Federal Poverty | 24 |
| Level for any year, the income eligibility limit for that | 25 |
| year for households of that size shall be income equal to | 26 |
| or less than 200% of the Federal Poverty Level. |
|
|
|
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LRB095 15275 DRJ 47820 a |
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| (b) Income eligibility for pharmaceutical assistance shall | 2 |
| be determined using the applicant's current annual household | 3 |
| income. The Department of Healthcare and Family Services, in | 4 |
| cooperation with the Department on Aging, may define by rule a | 5 |
| manner of projecting current annual household income when | 6 |
| income is expected to decline. | 7 |
| (c) In order to receive pharmaceutical assistance under | 8 |
| this Act, each eligible person must also sign a statement | 9 |
| assigning to the State of Illinois the drug benefits that may | 10 |
| be otherwise claimed under any private insurance plan. | 11 |
| (d) If both members of a household meet all of the | 12 |
| requirements of this Section, then they are both eligible for | 13 |
| pharmaceutical assistance under this Act. A qualified | 14 |
| additional resident is not eligible for pharmaceutical | 15 |
| assistance. | 16 |
| (e) Any person otherwise eligible for pharmaceutical
| 17 |
| assistance under this Section whose covered prescription drugs | 18 |
| are covered by any public program is ineligible for assistance | 19 |
| under this subsection to the extent that the cost of those | 20 |
| drugs is covered by the other program. | 21 |
| (f) A qualified individual is not entitled to duplicate | 22 |
| benefits in a coverage period as a result of the changes made | 23 |
| by this amendatory Act of 95th General Assembly. | 24 |
| (320 ILCS 25/6A.10 new) | 25 |
| Sec. 6A.10. Pharmaceutical Assistance; Medicare Part D. To |
|
|
|
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LRB095 15275 DRJ 47820 a |
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| 1 |
| the extent permitted by federal law, the Department of | 2 |
| Healthcare and Family Services
may act as an authorized | 3 |
| representative of a beneficiary in order to enroll the | 4 |
| beneficiary in a Medicare Part D Prescription Drug Plan if the | 5 |
| beneficiary has failed to choose a plan and, when possible, to | 6 |
| enroll a beneficiary in the low-income subsidy program under | 7 |
| Medicare Part D or assist him or her in enrolling in that | 8 |
| program. | 9 |
| (320 ILCS 25/6A.15 new) | 10 |
| Sec. 6A.15. Pharmaceutical Assistance; beneficiary groups.
| 11 |
| Beneficiaries under the program
shall be divided into the | 12 |
| following 5 eligibility groups: | 13 |
| (1) Eligibility Group 1 shall consist of
beneficiaries | 14 |
| who are not eligible for Medicare Part D coverage and who | 15 |
| are any of the following: | 16 |
| (A) Disabled and under age 65. | 17 |
| (B) Age 65 or older, with incomes over 200% of
the | 18 |
| Federal Poverty Level. | 19 |
| (C) Age 65 or older, with incomes at or below
200% | 20 |
| of the Federal Poverty Level and not eligible for | 21 |
| federally funded means-tested benefits due to | 22 |
| immigration status. | 23 |
| (2) Eligibility Group 2 shall consist of
beneficiaries | 24 |
| otherwise described in Eligibility Group 1 but who are | 25 |
| eligible for Medicare Part D coverage. |
|
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| (3) Eligibility Group 3 shall consist of
beneficiaries | 2 |
| age 65 or older, with incomes at or below 200% of the | 3 |
| Federal Poverty Level, who are not barred from receiving | 4 |
| federally funded means-tested benefits due to immigration | 5 |
| status and are eligible for Medicare Part D coverage. | 6 |
| (4) Eligibility Group 4 shall consist of
beneficiaries | 7 |
| age 65 or older, with incomes at or below 200% of the | 8 |
| Federal Poverty Level, who are not barred from receiving | 9 |
| federally funded means-tested benefits due to immigration | 10 |
| status and are not eligible for Medicare Part D coverage.
| 11 |
| If the State applies and receives federal approval
for a | 12 |
| waiver under Title XIX of the Social Security Act, persons | 13 |
| in Eligibility Group 4 shall continue to receive benefits | 14 |
| through the approved waiver, and Eligibility Group 4 may be | 15 |
| expanded to include disabled persons under age 65 with | 16 |
| incomes under 200% of the Federal Poverty Level who are not | 17 |
| eligible for Medicare and who are not barred from receiving | 18 |
| federally funded means-tested benefits due to immigration | 19 |
| status. | 20 |
| (5) On and after January 1, 2007, Eligibility Group
5 | 21 |
| shall consist of beneficiaries who are otherwise described | 22 |
| in Eligibility Group 1 but are eligible for Medicare Part D | 23 |
| and have a diagnosis of HIV or AIDS. | 24 |
| (320 ILCS 25/6A.20 new) | 25 |
| Sec. 6A.20. Pharmaceutical Assistance; cost-sharing. |
|
|
|
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LRB095 15275 DRJ 47820 a |
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| 1 |
| (a) The program established under Section 6A shall cover
| 2 |
| the cost of covered prescription drugs in excess of the | 3 |
| beneficiary cost-sharing amounts set forth in this Section that | 4 |
| are not covered by Medicare. Beneficiaries shall pay | 5 |
| co-payments equal to the co-payments required under Medicare | 6 |
| Part D for "other low income subsidy eligible individuals" | 7 |
| pursuant to 42 CFR 423.782(b). | 8 |
| (b) For individuals in Eligibility Groups 1 and 4, once the | 9 |
| program established under Section 6A has paid $1,750 in a year | 10 |
| for covered prescription drugs, the beneficiary shall pay 20% | 11 |
| of the cost of each prescription in addition to the co-payments | 12 |
| set forth in this Section. For individuals in Eligibility | 13 |
| Groups 2, 3, and 5, once the Medicare Part D initial coverage | 14 |
| limit has been reached for the year, the beneficiary shall pay | 15 |
| 20% of the cost of each prescription in addition to the | 16 |
| co-payments set forth in this Section. | 17 |
| (c) For individuals in Eligibility Group 5, co-payments and | 18 |
| cost-sharing shall be as described in subsection (b) of this | 19 |
| Section unless the drug is included in the formulary of the | 20 |
| Illinois AIDS Drug Assistance Program operated by the Illinois | 21 |
| Department of Public Health and in the Medicare Part D plan's | 22 |
| formulary. If the drug is included in the formulary of the | 23 |
| Illinois AIDS Drug Assistance Program and the Medicare Part D | 24 |
| plan's formulary, individuals in Eligibility Group 5 shall | 25 |
| continue to pay the co-payments set forth in this Section for | 26 |
| the entire benefit year. |
|
|
|
09500HB4585ham002 |
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LRB095 15275 DRJ 47820 a |
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| 1 |
| (d) For beneficiaries eligible for Medicare Part D | 2 |
| coverage,
the program established under Section 6A shall pay | 3 |
| 100% of the average benchmark monthly premium charged by a | 4 |
| qualified Medicare Part D Prescription Drug Plan for Medicare | 5 |
| Part D prescription drug coverage, not including any late | 6 |
| enrollment penalties. Qualified Medicare Part D Prescription | 7 |
| Drug Plans may be limited by the Department of Healthcare and | 8 |
| Family Services to those plans that sign a coordination | 9 |
| agreement with the Department. | 10 |
| (320 ILCS 25/6A.25 new) | 11 |
| Sec. 6A.25. Pharmaceutical Assistance; covered | 12 |
| prescription drugs. | 13 |
| (a) For purposes of the program
established under Section | 14 |
| 6A, the term "covered prescription drug" has the following | 15 |
| meanings: | 16 |
| (1) For Eligibility Group 1, "covered prescription | 17 |
| drug"
means the following: | 18 |
| (A) Any cardiovascular agent or drug. | 19 |
| (B) Any insulin or other prescription drug used in | 20 |
| the treatment of diabetes, including syringes and | 21 |
| needles used to administer the insulin. | 22 |
| (C) Any prescription drug used in the treatment of | 23 |
| arthritis. | 24 |
| (D) Any prescription drug used in the treatment of | 25 |
| cancer. |
|
|
|
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| (E) Any prescription drug used in the treatment of | 2 |
| Alzheimer's disease. | 3 |
| (F) Any prescription drug used in the treatment of | 4 |
| Parkinson's disease. | 5 |
| (G) Any prescription drug used in the treatment of | 6 |
| glaucoma. | 7 |
| (H) Any prescription drug used in the treatment of | 8 |
| lung disease and smoking related illnesses. | 9 |
| (I) Any prescription drug used in the treatment of | 10 |
| osteoporosis. | 11 |
| (J) Any prescription drug used in the treatment of | 12 |
| multiple sclerosis. | 13 |
| The Department of Healthcare and Family Services may | 14 |
| add additional therapeutic classes by rule. The Department | 15 |
| may adopt a preferred drug list within any of the classes | 16 |
| of drugs described in items (A) through (J) of this | 17 |
| paragraph (1). The specific drugs or therapeutic classes of | 18 |
| covered prescription drugs shall be indicated by rule. | 19 |
| (2) For Eligibility Group 2, "covered prescription | 20 |
| drug"
means those drugs covered for Eligibility Group 1 | 21 |
| that are also covered by the Medicare Part D Prescription | 22 |
| Drug Plan in which the beneficiary is enrolled. | 23 |
| (3) For Eligibility Group 3, "covered prescription | 24 |
| drug"
means those drugs covered by the Medicare Part D | 25 |
| Prescription Drug Plan in which the beneficiary is | 26 |
| enrolled. |
|
|
|
09500HB4585ham002 |
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| (4) For Eligibility Group 4, "covered prescription | 2 |
| drug"
means those drugs covered by the Medical Assistance | 3 |
| Program under Article V of the Illinois Public Aid Code. | 4 |
| (5) For Eligibility Group 5, for individuals otherwise | 5 |
| described in Eligibility Group 2, "covered prescription | 6 |
| drug"
means all of the following: | 7 |
| (A) Those drugs covered for Eligibility Group 2 | 8 |
| that are also covered by the Medicare Part D | 9 |
| Prescription Drug Plan in which the beneficiary is | 10 |
| enrolled. | 11 |
| (B) Those drugs included in the formulary of the | 12 |
| Illinois AIDS Drug Assistance Program operated by the | 13 |
| Illinois Department of Public Health that are also | 14 |
| covered by the Medicare Part D Prescription Drug Plan | 15 |
| in which the beneficiary is enrolled. | 16 |
| For Eligibility Group 5, for individuals otherwise | 17 |
| described in Eligibility Group 3, "covered prescription | 18 |
| drug" means those drugs covered by the Medicare Part D | 19 |
| Prescription Drug Plan in which the beneficiary is | 20 |
| enrolled. | 21 |
| (b) An individual in Eligibility Group 1, 2, 3, 4, or 5 may | 22 |
| opt to
receive a $25 monthly payment in lieu of the direct | 23 |
| coverage described in this Section, provided he or she is | 24 |
| enrolled in a third party plan that provides a creditable | 25 |
| pharmacy benefit or Medicare Part D plan that is not | 26 |
| coordinating benefits with Illinois Cares Rx. Eligible |
|
|
|
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| 1 |
| individuals who are enrolled in Medicare Part D and qualify for | 2 |
| a full low income subsidy available through the Social Security | 3 |
| Administration are not entitled to receive the foregoing | 4 |
| monthly rebate. | 5 |
| (320 ILCS 25/6A.30 new) | 6 |
| Sec. 6A.30. Pharmaceutical Assistance; payments to | 7 |
| authorized pharmacies. | 8 |
| (a) The Department of Healthcare and Family Services shall
| 9 |
| establish by rule the methods by which it will provide for the | 10 |
| coverage called for in the program established under Section | 11 |
| 6A. Those methods may include direct reimbursement to | 12 |
| pharmacies or the payment of a capitated amount to Medicare | 13 |
| Part D Prescription Drug Plans. | 14 |
| (b) For a pharmacy to be reimbursed under the program
| 15 |
| established under Section 6A, it must comply with rules adopted | 16 |
| by the Department of Healthcare and Family Services regarding | 17 |
| coordination of benefits with Medicare Part D Prescription Drug | 18 |
| Plans. A pharmacy may not charge a Medicare enrolled | 19 |
| beneficiary of the program established under Section 6A more | 20 |
| for a covered prescription drug than the appropriate Medicare | 21 |
| cost-sharing less any payment from or on behalf of the | 22 |
| Department of Healthcare and Family Services. | 23 |
| (320 ILCS 25/6A.35 new) | 24 |
| Sec. 6A.35. Pharmaceutical Assistance; administration by |
|
|
|
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| 1 |
| Department of Healthcare and Family Services. | 2 |
| (a) The Department of Healthcare and Family Services, in | 3 |
| cooperation with the Department on Aging, as appropriate, may | 4 |
| adopt rules regarding applications, counting of income, proof | 5 |
| of Medicare status, mandatory generic policies, identification | 6 |
| card fees, and pharmacy reimbursement rates and any other rules | 7 |
| necessary for the cost-efficient operation of the program | 8 |
| established under Section 6A. | 9 |
| (b) The Department of Healthcare and Family Services shall | 10 |
| allow all pharmacies licensed under the Pharmacy Practice Act | 11 |
| to participate as authorized pharmacies unless they have been | 12 |
| removed from that status for cause. The Director of Healthcare | 13 |
| and Family Services may enter into a written contract with any | 14 |
| State agency, instrumentality, or political subdivision, or a | 15 |
| fiscal intermediary, for the purpose of making payments to | 16 |
| authorized pharmacies for covered prescription drugs and | 17 |
| coordinating the program of pharmaceutical assistance | 18 |
| established by this Act with other programs that provide | 19 |
| payment for covered prescription drugs. Any such agreement | 20 |
| shall establish procedures for properly contracting for | 21 |
| pharmacy services, validating reimbursement claims, validating | 22 |
| compliance of dispensing pharmacists with the contracts for | 23 |
| participation required under this Section, validating the | 24 |
| reasonable costs of covered prescription drugs, and otherwise | 25 |
| providing for the effective administration of this Act. | 26 |
| (c) The Department of Healthcare and Family Services shall |
|
|
|
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|
| 1 |
| administer the following aspects of the program of | 2 |
| pharmaceutical assistance: | 3 |
| (1) Execution of contracts with pharmacies to
dispense | 4 |
| covered prescription drugs. The contracts shall stipulate | 5 |
| terms and conditions for authorized pharmacies' | 6 |
| participation and the rights of the State to terminate a | 7 |
| pharmacy's participation for breach of the contract or for | 8 |
| violation of this Act or related rules and regulations of | 9 |
| the Department of Healthcare and Family Services. | 10 |
| (2) Establishment of maximum limits on the size of
| 11 |
| prescriptions, new or refilled, which shall be in amounts | 12 |
| sufficient for 31 days, for benefits paid for directly by | 13 |
| the Department, except as otherwise specified by rule for | 14 |
| medical or utilization control reasons. | 15 |
| (3) Establishment of liens upon any and all causes
of | 16 |
| action that accrue to a beneficiary as a result of injuries | 17 |
| for which covered prescription drugs are directly or | 18 |
| indirectly required and for which the Director of | 19 |
| Healthcare and Family Services made payment or became | 20 |
| liable under this Act. | 21 |
| (4) Charging or collection of payments from third
| 22 |
| parties or private plans of assistance, or from other | 23 |
| programs of public assistance, for any claim that is | 24 |
| properly chargeable under the assignment of benefits | 25 |
| executed by beneficiaries as a requirement of eligibility | 26 |
| for pharmaceutical assistance under this Act. |
|
|
|
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| 1 |
| (5) Inspection of appropriate records and audit of
| 2 |
| participating authorized pharmacies to ensure contract | 3 |
| compliance and to determine any fraudulent transactions or | 4 |
| practices under this Act. | 5 |
| (6) Determination of the reasonable costs of
covered | 6 |
| prescription drugs for which payments are made under this | 7 |
| Act.
| 8 |
| (320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
| 9 |
| Sec. 7. Review of action or determination Payment and | 10 |
| denial of claims . | 11 |
| (a) Any person aggrieved by an action or determination of | 12 |
| the Department on Aging arising under any of its powers or | 13 |
| duties under this Act may request in writing that the | 14 |
| Department on Aging reconsider its action or determination, | 15 |
| setting out the facts upon which the request is based. The | 16 |
| Department on Aging shall consider the request and either | 17 |
| modify or affirm its prior action or determination. The | 18 |
| Department on Aging may adopt by rule procedures for conducting | 19 |
| its review under this Section. | 20 |
| (b) Any person aggrieved by an action or determination of | 21 |
| the Department of Healthcare and Family Services arising under | 22 |
| any of its powers or duties under this Act may request in | 23 |
| writing that the Department of Healthcare and Family Services | 24 |
| reconsider its action or determination, setting out the facts | 25 |
| upon which the request is based. The Department of Healthcare |
|
|
|
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| 1 |
| and Family Services shall consider the request and either | 2 |
| modify or affirm its prior action or determination. The | 3 |
| Department of Healthcare and Family Services may adopt by rule | 4 |
| procedures for conducting its review under this Section. | 5 |
| (a) In general. The Director shall order the payment from | 6 |
| appropriations
made for that purpose of grants to claimants | 7 |
| under this Act in the amounts
to which the Department has | 8 |
| determined they are entitled, respectively. If
a claim is | 9 |
| denied, the Director shall cause written notice of that denial
| 10 |
| and the reasons for that denial to be sent to the claimant.
| 11 |
| (b) Payment of claims one dollar and under. Where the | 12 |
| amount of the
grant computed under Section 4 is less than one | 13 |
| dollar, the Department
shall pay to the claimant one dollar.
| 14 |
| (c) Right to appeal. Any claimant aggrieved by the action | 15 |
| of the
Department under this Act, whether in the reduction of | 16 |
| the amount of the
grant claimed or in the denial of the claim, | 17 |
| may request in writing that
the Department reconsider its prior | 18 |
| determination, setting out the facts on
which his request is | 19 |
| based. The Department shall consider the request and
either | 20 |
| modify or affirm its prior determination.
| 21 |
| (d) Administrative review. The decision of the Department | 22 |
| to affirm its
prior determination, or the failure of the | 23 |
| Department to act on a request
for reconsideration within 60 | 24 |
| days, is a final administrative decision
which is subject to | 25 |
| judicial review under the Administrative Review Law,
and all | 26 |
| amendments and modifications thereof and the rules adopted |
|
|
|
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| thereto.
The term "administrative decision" is defined as in | 2 |
| Section 3-101 of the
Code of Civil Procedure.
| 3 |
| (Source: P.A. 82-783.)
| 4 |
| (320 ILCS 25/7.5 new) | 5 |
| Sec. 7.5. Providing insurance information. Notwithstanding | 6 |
| any other law to the contrary, entities subject to the Illinois | 7 |
| Insurance Code, the Comprehensive Health Insurance Plan Act, | 8 |
| the Dental Service Plan Act, the Children's Health Insurance | 9 |
| Program Act, the Health Care Purchasing Group Act, the Health | 10 |
| Maintenance Organization Act, the Limited Health Service | 11 |
| Organization Act, the Voluntary Health Services Plans Act, and | 12 |
| the Workers' Compensation Act, including, but not limited to, | 13 |
| insurers, health maintenance organizations, pharmacy benefit | 14 |
| managers, third party administrators, fraternal benefit | 15 |
| societies, group funded workers' compensation pools, municipal | 16 |
| group funded pools, self-funded or self-insured welfare or | 17 |
| benefit plans or programs, and any other entities that provide | 18 |
| health coverage through an employer, union, trade association, | 19 |
| or other organization or source, or any other entities, must | 20 |
| provide information to the Department on Aging or the | 21 |
| Department of Healthcare and Family Services, or the designee | 22 |
| of either of those Departments, that is necessary to carry out | 23 |
| the purposes of this Act, including, but not limited to, the | 24 |
| name, social security number, address, date of birth, and | 25 |
| coverage of their policyholders, their subscribers, or the |
|
|
|
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| 1 |
| beneficiaries of their plans, benefits, or services, who | 2 |
| participate in the programs under this Act. The provision of | 3 |
| this information to the Department on Aging or the Department | 4 |
| of Healthcare and Family Services, or their designees, is | 5 |
| subject to the confidentiality provisions in Section 8a of this | 6 |
| Act.
| 7 |
| (320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
| 8 |
| Sec. 8. Records. Every claimant of a grant under this Act | 9 |
| and every applicant for pharmaceutical assistance under this | 10 |
| Act shall keep such records, render
such statements, file such | 11 |
| forms and comply with such rules and regulations
as the | 12 |
| Department on Aging may from time to time prescribe. The | 13 |
| Department on Aging may by
regulations require landlords to | 14 |
| furnish to tenants statements as to gross
rent or rent | 15 |
| constituting property taxes accrued.
| 16 |
| (Source: P.A. 77-2059.)
| 17 |
| (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
| 18 |
| Sec. 8a. Confidentiality.
| 19 |
| (a) Except as otherwise provided in this Act , all
| 20 |
| information received by the Department of Revenue or its | 21 |
| successors, the Department on Aging and the Department of | 22 |
| Healthcare and Family Services, from claims filed under this | 23 |
| Act, or
from any investigation conducted under the provisions
| 24 |
| of this Act, shall be confidential, except for official |
|
|
|
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|
| 1 |
| purposes within those Departments
the Department or pursuant to | 2 |
| official
procedures for collection of any State tax or | 3 |
| enforcement of any civil or
criminal penalty or sanction | 4 |
| imposed
by this Act or by any statute imposing a State tax, and | 5 |
| any person who divulges
any such information in any
manner, | 6 |
| except for such purposes and pursuant to order of the Director | 7 |
| of one of those Departments or
in accordance with a proper | 8 |
| judicial order, shall be guilty of a Class A
misdemeanor.
| 9 |
| (b) Nothing contained in this Act shall prevent the | 10 |
| Director of Aging from publishing
or making available | 11 |
| reasonable statistics concerning the operation of the
grant | 12 |
| programs contained in this Act wherein the contents
of claims | 13 |
| are grouped into aggregates in such a way that information | 14 |
| contained
in any individual claim shall not be disclosed.
| 15 |
| (c) The Department on Aging shall furnish to the Secretary | 16 |
| of State such
information as is reasonably necessary for the | 17 |
| administration of (i) subsection (d) of Section 11-1301.2 of | 18 |
| the Illinois Vehicle Code (relating to fees for replacement | 19 |
| parking decals for persons with disabilities) and (ii) reduced
| 20 |
| vehicle registration fees pursuant to Section 3-806.3 of "The | 21 |
| Illinois Vehicle
Code".
| 22 |
| (Source: P.A. 89-399, eff. 8-20-95.)
| 23 |
| (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| 24 |
| Sec. 9. Fraud; error. | 25 |
| (a) Any person who files a fraudulent claim
for a grant |
|
|
|
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| 1 |
| under this Act, or who for compensation prepares a claim
for a | 2 |
| grant and
knowingly enters false information on an application | 3 |
| a claim form for any claimant under
this Act, or who | 4 |
| fraudulently files multiple applications claim forms , or who
| 5 |
| fraudulently states that a nondisabled person is disabled, or | 6 |
| who
fraudulently procures a pharmaceutical assistance benefits | 7 |
| identification card , or
who fraudulently uses such assistance | 8 |
| card to procure covered prescription drugs, or
who, on behalf | 9 |
| of an authorized pharmacy, files a fraudulent request claim for | 10 |
| payment, is
guilty of a Class 4 felony for the first offense | 11 |
| and is guilty of a Class 3
felony for each subsequent offense. | 12 |
| (b) The Department on Aging and the Department of | 13 |
| Healthcare and Family Services shall immediately
suspend the | 14 |
| use of the pharmaceutical assistance benefits identification | 15 |
| card of any
person suspected of fraudulent procurement or | 16 |
| fraudulent use of such assistance card ,
and shall revoke such | 17 |
| assistance card upon a conviction. A person convicted of such
| 18 |
| fraud under subsection (a) shall be permanently barred from all | 19 |
| of the programs the program of pharmaceutical
assistance | 20 |
| established under this Act. | 21 |
| (c) The Department on Aging may recover from a
claimant , | 22 |
| including an authorized pharmacy, any amount paid to that | 23 |
| claimant under this
Act on account of an erroneous or
| 24 |
| fraudulent claim, together with 6% interest per year. Amounts | 25 |
| recoverable from a claimant by the Department on Aging under | 26 |
| this Act may, but need not, be recovered by offsetting the |
|
|
|
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| 1 |
| amount owed against any future grant payable to the person | 2 |
| under this Act. | 3 |
| The Department of Healthcare and Family Services may | 4 |
| recover from an authorized pharmacy any amount paid to that | 5 |
| pharmacy under the pharmaceutical assistance program on | 6 |
| account of an erroneous or fraudulent request for payment under | 7 |
| that program, together with 6% interest per year.
The | 8 |
| Department of Healthcare and Family Services may recover from a | 9 |
| person who erroneously or fraudulently obtains benefits under | 10 |
| the pharmaceutical assistance program the value of the benefits | 11 |
| so obtained, together with 6% interest per year. | 12 |
| (d) A prosecution for
a violation of this Section may be | 13 |
| commenced at any time within 3 years
of the commission of that | 14 |
| violation.
| 15 |
| (Source: P.A. 85-299.)
| 16 |
| (320 ILCS 25/10) (from Ch. 67 1/2, par. 410)
| 17 |
| Sec. 10. Arrangements and captions Captions . No inference, | 18 |
| implication, or presumption of legislative construction
shall | 19 |
| be drawn or made by reason of the location or grouping of any
| 20 |
| particular section or provision of this Act, nor shall any | 21 |
| caption be given
any legal effect.
| 22 |
| (Source: P.A. 77-2059.)
| 23 |
| (320 ILCS 25/11) (from Ch. 67 1/2, par. 411)
| 24 |
| Sec. 11. Severability. If any clause, sentence, section, |
|
|
|
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|
| 1 |
| provision or part of this Act or the
application thereof to any | 2 |
| person or circumstance is shall be adjudged to be
| 3 |
| unconstitutional, the remainder of this Act or its application | 4 |
| to persons
or circumstances other than those to which it is | 5 |
| held invalid, shall not be
affected thereby.
| 6 |
| (Source: P.A. 77-2059.)
| 7 |
| (320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
| 8 |
| Sec. 12. Regulations Department on Aging ; outreach | 9 |
| responsibilities .
| 10 |
| (a) Regulations. The Director shall promulgate such | 11 |
| regulations as are
necessary or desirable to effectuate the | 12 |
| purposes of this Act, including but
not limited to the method | 13 |
| of computing "gross rent" in the case of a claimant
living in a | 14 |
| nursing or sheltered care home.
| 15 |
| (b) The Department on Aging shall, to the extent of | 16 |
| appropriations made
for that purpose:
| 17 |
| (1) attempt to secure the cooperation of appropriate | 18 |
| federal, State and
local agencies in securing the names and | 19 |
| addresses of persons to whom this
Act pertains;
| 20 |
| (2) prepare a mailing list of persons eligible for | 21 |
| grants under this Act;
| 22 |
| (3) secure the cooperation of the Department of | 23 |
| Revenue , the Department of Healthcare and Family Services, | 24 |
| and other State agencies and of local
business | 25 |
| establishments to facilitate distribution of applications |
|
|
|
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| 1 |
| application forms
under this Act to those eligible to file | 2 |
| claims; and
| 3 |
| (4) through use of direct mail, newspaper | 4 |
| advertisements and radio and
television advertisements, | 5 |
| and all other appropriate means of
communication, conduct | 6 |
| an on-going public relations program to increase
awareness | 7 |
| of eligible citizens of the benefits grants under this Act | 8 |
| and the
procedures for applying for them.
| 9 |
| (Source: P.A. 78-1249.)
| 10 |
| (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
| 11 |
| Sec. 13. List. The Department on Aging of Revenue shall | 12 |
| maintain a list of all
persons who have qualified under this | 13 |
| Act and shall make the list
available to municipalities upon | 14 |
| request.
| 15 |
| All information received by a municipality under this | 16 |
| Section
shall be confidential, except for official purposes, | 17 |
| and any
person who divulges or uses that information in any | 18 |
| manner,
except in accordance with a proper judicial order, | 19 |
| shall be
guilty of a Class B misdemeanor.
| 20 |
| (Source: P.A. 87-247.)
| 21 |
| (320 ILCS 25/3.02 rep.)
| 22 |
| (320 ILCS 25/3.03 rep.)
| 23 |
| (320 ILCS 25/3.15 rep.)
| 24 |
| (320 ILCS 25/3.16 rep.)
|
|
|
|
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|
| 1 |
| (320 ILCS 25/4 rep.)
| 2 |
| (320 ILCS 25/4.1 rep.)
| 3 |
| (320 ILCS 25/5 rep.)
| 4 |
| (320 ILCS 25/5.1 rep.)
| 5 |
| (320 ILCS 25/6 rep.)
| 6 |
| Section 16. The Senior Citizens and Disabled Persons | 7 |
| Property Tax Relief and
Pharmaceutical Assistance Act is | 8 |
| amended by repealing Sections 3.02, 3.03, 3.15, 3.16, 4, 4.1, | 9 |
| 5, 5.1, and 6. | 10 |
| Section 20. The Illinois Vehicle Code is amended by | 11 |
| changing Sections 3-806.3 and 11-1301.2 as follows:
| 12 |
| (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| 13 |
| Sec. 3-806.3. Senior Citizens.
Commencing with the 2006 | 14 |
| registration year and through the 2008 registration year, the | 15 |
| registration fee paid by
any vehicle owner who has been | 16 |
| approved for benefits under the Senior
Citizens and Disabled | 17 |
| Persons Property Tax Relief and Pharmaceutical Assistance
Act | 18 |
| or who is the spouse of such a person shall be $24 instead of | 19 |
| the fee
otherwise provided in this Code for passenger cars | 20 |
| displaying standard
multi-year registration plates issued | 21 |
| under Section 3-414.1, motor vehicles
displaying special | 22 |
| registration plates issued under Section 3-609, 3-609.1, | 23 |
| 3-616, 3-620, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, | 24 |
| 3-638, 3-642, 3-645, 3-647, 3-649, 3-650, or
3-651, 3-664, |
|
|
|
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|
| 1 |
| 3-665, or 3-666, motor vehicles registered at 8,000 pounds or | 2 |
| less under Section
3-815(a), and recreational vehicles | 3 |
| registered at 8,000 pounds or less under
Section 3-815(b). | 4 |
| Widows and widowers of claimants shall also be entitled to
this | 5 |
| reduced registration fee for the registration year in which the | 6 |
| claimant
was eligible.
| 7 |
| Commencing with the 2006 registration year and through the | 8 |
| 2008 registration year, the registration fee paid by
any | 9 |
| vehicle owner who has claimed and received a grant under the | 10 |
| Senior
Citizens and Disabled Persons Property Tax Relief and | 11 |
| Pharmaceutical Assistance
Act or who is the spouse of such a | 12 |
| person shall be $24 instead of the fee
otherwise provided in | 13 |
| this Code for passenger cars displaying standard
multi-year | 14 |
| registration plates issued under Section 3-414.1, motor | 15 |
| vehicles
displaying special registration plates issued under | 16 |
| Section 3-607, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, | 17 |
| 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, or
3-806.4, | 18 |
| motor vehicles registered at 8,000 pounds or less under Section
| 19 |
| 3-815(a), and recreational vehicles registered at 8,000 pounds | 20 |
| or less under
Section 3-815(b). Widows and widowers of | 21 |
| claimants shall also be entitled to
this reduced registration | 22 |
| fee for the registration year in which the claimant
was | 23 |
| eligible.
| 24 |
| Commencing with the 2009 registration year, the | 25 |
| registration fee paid by
any vehicle owner who has been | 26 |
| approved for benefits under the Senior
Citizens and Disabled |
|
|
|
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|
| 1 |
| Persons Property Tax Relief and Pharmaceutical Assistance
Act | 2 |
| or who is the spouse of such a person shall be $24 instead of | 3 |
| the fee
otherwise provided in this Code for passenger cars | 4 |
| displaying standard
multi-year registration plates issued | 5 |
| under Section 3-414.1, motor vehicles
displaying special | 6 |
| registration plates issued under Section 3-609, 3-609.1, | 7 |
| 3-616, 3-620, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, | 8 |
| 3-638, 3-642, 3-645, 3-647, 3-649, 3-650, or
3-651, 3-664, | 9 |
| 3-665, or 3-666, motor vehicles registered at 8,000 pounds or | 10 |
| less under Section
3-815(a), and recreational vehicles | 11 |
| registered at 8,000 pounds or less under
Section 3-815(b). | 12 |
| Widows and widowers of claimants shall also be entitled to
this | 13 |
| reduced registration fee for the registration year in which the | 14 |
| claimant
was eligible.
| 15 |
| Commencing with the 2009 registration year, the | 16 |
| registration fee paid by
any vehicle owner who has claimed and | 17 |
| received a grant under the Senior
Citizens and Disabled Persons | 18 |
| Property Tax Relief and Pharmaceutical Assistance
Act or who is | 19 |
| the spouse of such a person shall be $24 instead of the fee
| 20 |
| otherwise provided in this Code for passenger cars displaying | 21 |
| standard
multi-year registration plates issued under Section | 22 |
| 3-414.1, motor vehicles
displaying special registration plates | 23 |
| issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, | 24 |
| 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | 25 |
| or 3-651, or
3-806.4, motor vehicles registered at 8,000 pounds | 26 |
| or less under Section
3-815(a), and recreational vehicles |
|
|
|
09500HB4585ham002 |
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|
| 1 |
| registered at 8,000 pounds or less under
Section 3-815(b). | 2 |
| Widows and widowers of claimants shall also be entitled to
this | 3 |
| reduced registration fee for the registration year in which the | 4 |
| claimant
was eligible.
| 5 |
| No more than one reduced registration fee under this | 6 |
| Section shall be
allowed during any 12 month period based on | 7 |
| the primary eligibility of any
individual, whether such reduced | 8 |
| registration fee is allowed to the
individual or to the spouse, | 9 |
| widow or widower of such individual. This
Section does not | 10 |
| apply to the fee paid in addition to the registration fee
for | 11 |
| motor vehicles displaying vanity or special license
plates.
| 12 |
| (Source: P.A. 95-157, eff. 1-1-08; 95-331, eff. 8-21-07; | 13 |
| revised 12-10-07.)
| 14 |
| (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| 15 |
| Sec. 11-1301.2. Special decals for a person with | 16 |
| disabilities parking.
| 17 |
| (a) The Secretary of State shall provide for, by | 18 |
| administrative rules, the
design, size, color, and placement of | 19 |
| a person with disabilities motorist decal
or device
and shall | 20 |
| provide for, by administrative
rules, the content and form of | 21 |
| an application for a person with disabilities
motorist decal or | 22 |
| device,
which shall be used by local authorities in the | 23 |
| issuance thereof to a
person with temporary disabilities, | 24 |
| provided that the decal or device is
valid for no more than 90 | 25 |
| days, subject to renewal for like periods based upon
continued |
|
|
|
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| 1 |
| disability, and further provided that the decal or device | 2 |
| clearly
sets forth the date that the decal or device expires.
| 3 |
| The application shall
include the requirement of an Illinois | 4 |
| Identification Card number or a State
of Illinois driver's | 5 |
| license number.
This decal or device shall be the property of | 6 |
| such
person with disabilities and may be used by that person to | 7 |
| designate and identify a vehicle not owned or displaying a
| 8 |
| registration plate as provided in Sections 3-609, 3-609.01, and | 9 |
| 3-616 of this Act to
designate when the vehicle is being used | 10 |
| to transport said person or persons
with disabilities, and thus | 11 |
| is entitled to enjoy all the privileges that would
be afforded | 12 |
| a person with disabilities licensed vehicle.
Person with | 13 |
| disabilities decals or devices issued and displayed pursuant to
| 14 |
| this Section shall be recognized and honored by all local | 15 |
| authorities
regardless of which local authority issued such | 16 |
| decal or device.
| 17 |
| The decal or device shall be issued only upon a showing by | 18 |
| adequate
documentation that the person for whose benefit the | 19 |
| decal or device is to be
used has a temporary disability as | 20 |
| defined in Section 1-159.1 of this
Code.
| 21 |
| (b) The local governing authorities shall be responsible | 22 |
| for the provision
of such decal or device, its issuance and | 23 |
| designated placement within the
vehicle. The cost of such decal | 24 |
| or device shall be at the discretion of
such local governing | 25 |
| authority.
| 26 |
| (c) The Secretary of State may, pursuant to Section |
|
|
|
09500HB4585ham002 |
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|
| 1 |
| 3-616(c), issue
a person with disabilities parking decal or | 2 |
| device to a person with
disabilities as defined by Section | 3 |
| 1-159.1. Any person with disabilities
parking decal or device | 4 |
| issued by the Secretary of State shall be registered to
that | 5 |
| person with disabilities in the form to be prescribed by the | 6 |
| Secretary of
State. The person with disabilities parking decal | 7 |
| or device shall not display
that person's address. One | 8 |
| additional decal or device may be issued to an
applicant upon | 9 |
| his or her written request and with the approval of the
| 10 |
| Secretary of
State.
The written request must include a | 11 |
| justification of the need for the
additional decal or device.
| 12 |
| (d) Replacement decals or devices may be issued for lost, | 13 |
| stolen, or
destroyed decals upon application and payment of a | 14 |
| $10 fee. The replacement
fee may be waived for individuals that | 15 |
| have been approved for benefits claimed and received a grant | 16 |
| under
the Senior Citizens and Disabled Persons Property Tax | 17 |
| Relief and Pharmaceutical
Assistance Act.
| 18 |
| (Source: P.A. 95-167, eff. 1-1-08.)
| 19 |
| Section 99. Effective date. This Act takes effect January | 20 |
| 1, 2009.".
|
|