State of Illinois
91st General Assembly
Legislation

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91_SB1685

 
                                               LRB9112943SMdv

 1        AN ACT to amend the Senior Citizens and Disabled  Persons
 2    Property  Tax  Relief  and  Pharmaceutical  Assistance Act by
 3    changing Section 4.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section  5.   The  Senior  Citizens  and Disabled Persons
 7    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
 8    amended by changing Section 4 as follows:

 9        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
10        Sec. 4.  Amount of Grant.
11        (a)  In  general. Any individual 65 years or older or any
12    individual who will become 65 years old during  the  calendar
13    year  in  which a claim is filed, and any surviving spouse of
14    such a claimant, who at the time of  death  received  or  was
15    entitled  to  receive a grant pursuant to this Section, which
16    surviving spouse will become 65 years of age  within  the  24
17    months  immediately  following the death of such claimant and
18    which surviving spouse but for his or her  age  is  otherwise
19    qualified  to  receive  a grant pursuant to this Section, and
20    any disabled person whose annual  household  income  is  less
21    than  $14,000  for grant years before the 1998 grant year and
22    less than $16,000 for the 1998 and 1999 grant years, and less
23    than $25,000 for a one-person household and less than $30,000
24    for a 2-person or more household for the 2000 grant year  and
25    thereafter  and  whose  household  is  liable  for payment of
26    property taxes accrued or has paid rent constituting property
27    taxes accrued and is domiciled in this State at the  time  he
28    files  his claim is entitled to claim a grant under this Act.
29    With respect to claims filed by individuals who  will  become
30    65  years  old  during  the calendar year in which a claim is
31    filed, the amount of any grant to  which  that  household  is
 
                            -2-                LRB9112943SMdv
 1    entitled  shall  be  an amount equal to 1/12 of the amount to
 2    which the claimant would otherwise be entitled as provided in
 3    this Section, multiplied by the number of months in which the
 4    claimant was 65 in the calendar year in which  the  claim  is
 5    filed.
 6        (b)  Limitation.    Except   as   otherwise  provided  in
 7    subsections (a) and (f) of this Section, the  maximum  amount
 8    of  grant which a claimant is entitled to claim is the amount
 9    by which the  property  taxes  accrued  which  were  paid  or
10    payable   during   the   last  preceding  tax  year  or  rent
11    constituting  property  taxes  accrued  upon  the  claimant's
12    residence for the last preceding taxable year exceeds 3  1/2%
13    of  the  claimant's  household income for that year but in no
14    event is the grant to exceed (i) $700 less 4.5% of  household
15    income  for  that  year  for those with a household income of
16    $14,000 or less or (ii) $70 if household income for that year
17    is more than $14,000 but less than $16,000.
18        (c)  Public aid recipients.  If household income  in  one
19    or  more  months  during  a  year includes cash assistance in
20    excess of $55 per month from the Department of Public Aid  or
21    the  Department of Human Services (acting as successor to the
22    Department of  Public  Aid  under  the  Department  of  Human
23    Services Act)  which was determined under regulations of that
24    Department  on  a  measure of need that included an allowance
25    for actual rent or property taxes paid by  the  recipient  of
26    that  assistance, the amount of grant to which that household
27    is entitled, except as otherwise provided in subsection  (a),
28    shall  be  the  product of (1) the maximum amount computed as
29    specified in subsection (b) of this Section and (2) the ratio
30    of the number of months in which  household  income  did  not
31    include  such  cash assistance over $55 to the number twelve.
32    If household income did not include such cash assistance over
33    $55 for any months during the year, the amount of  the  grant
34    to  which  the  household  is  entitled  shall be the maximum
 
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 1    amount computed  as  specified  in  subsection  (b)  of  this
 2    Section.    For   purposes   of  this  paragraph  (c),  "cash
 3    assistance" does not include any amount  received  under  the
 4    federal Supplemental Security Income (SSI) program.
 5        (d)  Joint  ownership.  If title to the residence is held
 6    jointly by the claimant with a person who is not a member  of
 7    his  household,  the amount of property taxes accrued used in
 8    computing the amount of grant to which he is  entitled  shall
 9    be  the  same  percentage of property taxes accrued as is the
10    percentage  of  ownership  held  by  the  claimant   in   the
11    residence.
12        (e)  More than one residence.  If a claimant has occupied
13    more  than  one  residence  in the taxable year, he may claim
14    only one residence for any part of a month.  In the  case  of
15    property  taxes  accrued, he shall pro rate 1/12 of the total
16    property taxes accrued on his residence to each month that he
17    owned and occupied that residence; and, in the case  of  rent
18    constituting  property  taxes  accrued,  shall  pro rate each
19    month's rent payments  to  the  residence  actually  occupied
20    during that month.
21        (f)  There   is   hereby   established   a   program   of
22    pharmaceutical  assistance  to  the  aged  and disabled which
23    shall be administered by the Department  in  accordance  with
24    this Act, to consist of payments to authorized pharmacies, on
25    behalf  of  beneficiaries  of the program, for the reasonable
26    costs of covered prescription drugs.   Each  beneficiary  who
27    pays  $40  for an identification card shall pay the first $15
28    of prescription costs each month.  Each beneficiary who  pays
29    $80  for  an  identification  card shall pay the first $25 of
30    prescription  costs  each  month.   In  addition,   after   a
31    beneficiary  receives  $800 in benefits during a State fiscal
32    year, that beneficiary shall also be charged 20% of the  cost
33    of  each  prescription  for  which  payments  are made by the
34    program during the remainder of the fiscal year.  To become a
 
                            -4-                LRB9112943SMdv
 1    beneficiary under this program a person must be: (1)  (i)  65
 2    years  or  older,  or  (ii)  the  surviving  spouse of such a
 3    claimant, who at the time of death received or  was  entitled
 4    to  receive  benefits  pursuant  to  this  subsection,  which
 5    surviving  spouse  will  become 65 years of age within the 24
 6    months immediately following the death of such  claimant  and
 7    which  surviving  spouse  but for his or her age is otherwise
 8    qualified to receive benefits pursuant to this subsection, or
 9    (iii) disabled, and (2) is domiciled in  this  State  at  the
10    time  he  files  his  or  her  claim,  and  (3) has a maximum
11    household income of less than $14,000 for grant years  before
12    the  1998  grant  year and less than $16,000 for the 1998 and
13    1999 grant years, and less  than  $25,000  for  a  one-person
14    household  and  less  than  $30,000  for  a  2-person or more
15    household  for  the  2000  grant  year  and  thereafter.   In
16    addition,   each   eligible   person   must   (1)  obtain  an
17    identification card from the Department, (2) at the time  the
18    card  is obtained, sign a statement assigning to the State of
19    Illinois benefits which may be otherwise  claimed  under  any
20    private  insurance plans, (3) present the identification card
21    to the dispensing pharmacist.
22        Any  person   otherwise   eligible   for   pharmaceutical
23    assistance  under this Act whose covered drugs are covered by
24    any public program for assistance in purchasing  any  covered
25    prescription  drugs  shall be ineligible for assistance under
26    this Act to the extent such costs are covered by  such  other
27    plan.
28        The   fee  to  be  charged  by  the  Department  for  the
29    identification card shall be equal to $40 for  persons  below
30    the  official  poverty  line  as defined by the United States
31    Department of Health and Human Services and $80 for all other
32    persons.
33        In the event that 2 or more persons are eligible for  any
34    benefit   under  this  Act,  and  are  members  of  the  same
 
                            -5-                LRB9112943SMdv
 1    household,  (1)  each  such  person  shall  be  entitled   to
 2    participate   in   the   pharmaceutical  assistance  program,
 3    provided that he or she meets all other requirements  imposed
 4    by  this  subsection  and  (2)  each  participating household
 5    member contributes the fee required for that  person  by  the
 6    preceding   paragraph   for   the  purpose  of  obtaining  an
 7    identification card.  Persons eligible for any benefit  under
 8    this  Act  due  to  become  65  in  calendar year 1984 or any
 9    subsequent calendar year  in  which  a  claim  is  filed  are
10    excluded  from  the benefit prescribed in this subsection (f)
11    for the calendar year in which they become 65.
12    (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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