State of Illinois
90th General Assembly
Legislation

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90_SB1267ham002

                                           LRB9008971PTbdam07
 1                    AMENDMENT TO SENATE BILL 1267
 2        AMENDMENT NO.     .  Amend Senate Bill 1267, AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN  ACT to amend the Senior Citizen and Disabled Persons
 5    Property Tax Relief  and  Pharmaceutical  Assistance  Act  by
 6    changing Section 4."; and
 7    by  replacing  everything  after the enacting clause with the
 8    following:
 9        "Section 5.  The Senior  Citizens  and  Disabled  Persons
10    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
11    amended by changing Section 4 as follows:
12        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
13        Sec. 4.  Amount of Grant.
14        (a)  In general. Any individual 65 years or older or  any
15    individual  who  will become 65 years old during the calendar
16    year in which a claim is filed, and any surviving  spouse  of
17    such  a  claimant,  who  at the time of death received or was
18    entitled to receive a grant pursuant to this  Section,  which
19    surviving  spouse  will  become 65 years of age within the 24
20    months immediately following the death of such  claimant  and
21    which  surviving  spouse  but for his or her age is otherwise
                            -2-            LRB9008971PTbdam07
 1    qualified to receive a grant pursuant to  this  Section,  and
 2    any  disabled  person  whose  annual household income is less
 3    than $14,000 for grant years before the 1998 grant  year  and
 4    less  than $16,000 for the 1998 grant year and thereafter and
 5    whose household is  liable  for  payment  of  property  taxes
 6    accrued  or has paid rent constituting property taxes accrued
 7    and is domiciled in this State at the time he files his claim
 8    is entitled to claim a grant under this Act. With respect  to
 9    claims  filed  by  individuals  who  will become 65 years old
10    during the calendar year in  which  a  claim  is  filed,  the
11    amount of any grant to which that household is entitled shall
12    be  an  amount  equal  to  1/12  of  the  amount to which the
13    claimant would otherwise be  entitled  as  provided  in  this
14    Section,  multiplied  by  the  number  of months in which the
15    claimant was 65 in the calendar year in which  the  claim  is
16    filed.
17        (b)  Limitation.    Except   as   otherwise  provided  in
18    subsections (a) and (f) of this Section, the  maximum  amount
19    of  grant which a claimant is entitled to claim is the amount
20    by which the  property  taxes  accrued  which  were  paid  or
21    payable   during   the   last  preceding  tax  year  or  rent
22    constituting  property  taxes  accrued  upon  the  claimant's
23    residence for the last preceding taxable year exceeds 3  1/2%
24    of  the  claimant's  household income for that year but in no
25    event is the grant to exceed (i) $700 less 4.5% of  household
26    income  for  that  year  for those with a household income of
27    $14,000 or less or (ii) $70 if household income for that year
28    is more than $14,000 but less than $16,000.
29        (c)  Public aid recipients.  If household income  in  one
30    or  more  months  during  a  year includes cash assistance in
31    excess of $55 per month from the Department of Public Aid  or
32    the  Department of Human Services (acting as successor to the
33    Department of  Public  Aid  under  the  Department  of  Human
34    Services Act)  which was determined under regulations of that
                            -3-            LRB9008971PTbdam07
 1    Department  on  a  measure of need that included an allowance
 2    for actual rent or property taxes paid by  the  recipient  of
 3    that  assistance, the amount of grant to which that household
 4    is entitled, except as otherwise provided in subsection  (a),
 5    shall  be  the  product of (1) the maximum amount computed as
 6    specified in subsection (b) of this Section and (2) the ratio
 7    of the number of months in which  household  income  did  not
 8    include  such  cash assistance over $55 to the number twelve.
 9    If household income did not include such cash assistance over
10    $55 for any months during the year, the amount of  the  grant
11    to  which  the  household  is  entitled  shall be the maximum
12    amount computed  as  specified  in  subsection  (b)  of  this
13    Section.    For   purposes   of  this  paragraph  (c),  "cash
14    assistance" does not include any amount  received  under  the
15    federal Supplemental Security Income (SSI) program.
16        (d)  Joint  ownership.  If title to the residence is held
17    jointly by the claimant with a person who is not a member  of
18    his  household,  the amount of property taxes accrued used in
19    computing the amount of grant to which he is  entitled  shall
20    be  the  same  percentage of property taxes accrued as is the
21    percentage  of  ownership  held  by  the  claimant   in   the
22    residence.
23        (e)  More than one residence.  If a claimant has occupied
24    more  than  one  residence  in the taxable year, he may claim
25    only one residence for any part of a month.  In the  case  of
26    property  taxes  accrued, he shall pro rate 1/12 of the total
27    property taxes accrued on his residence to each month that he
28    owned and occupied that residence; and, in the case  of  rent
29    constituting  property  taxes  accrued,  shall  pro rate each
30    month's rent payments  to  the  residence  actually  occupied
31    during that month.
32        (f)  There   is   hereby   established   a   program   of
33    pharmaceutical  assistance  to  the  aged  and disabled which
34    shall be administered by the Department  in  accordance  with
                            -4-            LRB9008971PTbdam07
 1    this Act, to consist of payments to authorized pharmacies, on
 2    behalf  of  beneficiaries  of the program, for the reasonable
 3    costs of covered prescription drugs.   Each  beneficiary  who
 4    pays  $40  for an identification card shall pay the first $15
 5    of prescription costs each month.  Each beneficiary who  pays
 6    $80  for  an  identification  card shall pay the first $25 of
 7    prescription  costs  each  month.   In  addition,   after   a
 8    beneficiary  receives  $800 in benefits during a State fiscal
 9    year, that beneficiary shall also be charged 20% of the  cost
10    of  each  prescription  for  which  payments  are made by the
11    program during the remainder of the fiscal year.  To become a
12    beneficiary under this program a person must be: (1)  (i)  65
13    years  or  older,  or  (ii)  the  surviving  spouse of such a
14    claimant, who at the time of death received or  was  entitled
15    to  receive  benefits  pursuant  to  this  subsection,  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 benefits pursuant to this subsection, or
20    (iii) disabled, and (2) is domiciled in  this  State  at  the
21    time  he  files  his  or  her  claim,  and  (3) has a maximum
22    household income of less than $14,000 for grant years  before
23    the  1998 grant year and less than $16,000 for the 1998 grant
24    year and thereafter. In addition, each eligible  person  must
25    (1) obtain an identification card from the Department, (2) at
26    the  time the card is obtained, sign a statement assigning to
27    the State of Illinois benefits which may be otherwise claimed
28    under  any  private  insurance   plans,   (3)   present   the
29    identification card to the dispensing pharmacist.
30        Any   person   otherwise   eligible   for  pharmaceutical
31    assistance under this Act whose covered drugs are covered  by
32    any  public  program for assistance in purchasing any covered
33    prescription drugs shall be ineligible for  assistance  under
34    this  Act  to the extent such costs are covered by such other
                            -5-            LRB9008971PTbdam07
 1    plan.
 2        The  fee  to  be  charged  by  the  Department  for   the
 3    identification  card  shall be equal to $40 for persons below
 4    the official poverty line as defined  by  the  United  States
 5    Department of Health and Human Services and $80 for all other
 6    persons.
 7        In  the event that 2 or more persons are eligible for any
 8    benefit  under  this  Act,  and  are  members  of  the   same
 9    household,   (1)  each  such  person  shall  be  entitled  to
10    participate  in  the   pharmaceutical   assistance   program,
11    provided  that he or she meets all other requirements imposed
12    by this  subsection  and  (2)  each  participating  household
13    member  contributes  the  fee required for that person by the
14    preceding  paragraph  for  the  purpose   of   obtaining   an
15    identification  card.  Persons eligible for any benefit under
16    this Act due to become  65  in  calendar  year  1984  or  any
17    subsequent  calendar  year  in  which  a  claim  is filed are
18    excluded from the benefit prescribed in this  subsection  (g)
19    for the calendar year in which they become 65.
20    (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.".

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