Bill Text: IL SB3931 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Senior Citizens and Disabled Persons Property Tax Relief Act by reinstituting the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title of the Act to the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Makes corresponding changes in other Acts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3931 Detail]
Download: Illinois-2011-SB3931-Introduced.html
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1 | AN ACT concerning pharmaceutical assistance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||
5 | amended by changing Section 5-45 as follows:
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6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||||||||||||||||||||
7 | Sec. 5-45. Emergency rulemaking. | ||||||||||||||||||||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||||||||||||||||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||||||||||||||||||||
10 | interest, safety, or
welfare. | ||||||||||||||||||||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||||||||||||||||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||||||||||||||||||||
13 | Section 5-40 and states in writing its reasons for that
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14 | finding, the agency may adopt an emergency rule without prior | ||||||||||||||||||||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||||||||||||||||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||||||||||||||||||||
17 | shall include the text of the
emergency rule and shall be | ||||||||||||||||||||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||||||||||||||||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||||||||||||||||||||
20 | be adopted under this Section. Subject to applicable | ||||||||||||||||||||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||||||||||||||||||||
22 | becomes effective immediately upon
filing under Section 5-65 or | ||||||||||||||||||||||||
23 | at a stated date less than 10 days
thereafter. The agency's |
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1 | finding and a statement of the specific reasons
for the finding | ||||||
2 | shall be filed with the rule. The agency shall take
reasonable | ||||||
3 | and appropriate measures to make emergency rules known to the
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4 | persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24 month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24 month period does not apply
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11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
24 | (c-5) of this Section. Two or more emergency rules having | ||||||
25 | substantially the same
purpose and effect shall be deemed to be | ||||||
26 | a single rule for purposes of this
Section. |
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1 | (c-5) To facilitate the maintenance of the program of group | ||||||
2 | health benefits provided to annuitants, survivors, and retired | ||||||
3 | employees under the State Employees Group Insurance Act of | ||||||
4 | 1971, rules to alter the contributions to be paid by the State, | ||||||
5 | annuitants, survivors, retired employees, or any combination | ||||||
6 | of those entities, for that program of group health benefits, | ||||||
7 | shall be adopted as emergency rules. The adoption of those | ||||||
8 | rules shall be considered an emergency and necessary for the | ||||||
9 | public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
13 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
14 | may be adopted in
accordance with this Section by the agency | ||||||
15 | charged with administering that
provision or initiative, | ||||||
16 | except that the 24-month limitation on the adoption
of | ||||||
17 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
18 | do not apply
to rules adopted under this subsection (d). The | ||||||
19 | adoption of emergency rules
authorized by this subsection (d) | ||||||
20 | shall be deemed to be necessary for the
public interest, | ||||||
21 | safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of this amendatory | ||||||
25 | Act of the 91st General Assembly
or any other budget initiative | ||||||
26 | for fiscal year 2000 may be adopted in
accordance with this |
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1 | Section by the agency charged with administering that
provision | ||||||
2 | or initiative, except that the 24-month limitation on the | ||||||
3 | adoption
of emergency rules and the provisions of Sections | ||||||
4 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
5 | subsection (e). The adoption of emergency rules
authorized by | ||||||
6 | this subsection (e) shall be deemed to be necessary for the
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7 | public interest, safety, and welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of this amendatory | ||||||
11 | Act of the 91st General Assembly
or any other budget initiative | ||||||
12 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
13 | Section by the agency charged with administering that
provision | ||||||
14 | or initiative, except that the 24-month limitation on the | ||||||
15 | adoption
of emergency rules and the provisions of Sections | ||||||
16 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
17 | subsection (f). The adoption of emergency rules
authorized by | ||||||
18 | this subsection (f) shall be deemed to be necessary for the
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19 | public interest, safety, and welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of this amendatory | ||||||
23 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
24 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
25 | Section by the agency charged with administering that
provision | ||||||
26 | or initiative, except that the 24-month limitation on the |
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1 | adoption
of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
3 | subsection (g). The adoption of emergency rules
authorized by | ||||||
4 | this subsection (g) shall be deemed to be necessary for the
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5 | public interest, safety, and welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of this amendatory | ||||||
9 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
10 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
11 | Section by the agency charged with administering that
provision | ||||||
12 | or initiative, except that the 24-month limitation on the | ||||||
13 | adoption
of emergency rules and the provisions of Sections | ||||||
14 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
15 | subsection (h). The adoption of emergency rules
authorized by | ||||||
16 | this subsection (h) shall be deemed to be necessary for the
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17 | public interest, safety, and welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of this amendatory | ||||||
21 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
22 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
23 | Section by the agency charged with administering that
provision | ||||||
24 | or initiative, except that the 24-month limitation on the | ||||||
25 | adoption
of emergency rules and the provisions of Sections | ||||||
26 | 5-115 and 5-125 do not apply
to rules adopted under this |
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1 | subsection (i). The adoption of emergency rules
authorized by | ||||||
2 | this subsection (i) shall be deemed to be necessary for the
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3 | public interest, safety, and welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public Aid | ||||||
15 | may also adopt rules under this subsection (j) necessary to | ||||||
16 | administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
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20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of this | ||||||
23 | amendatory Act of the 94th General Assembly or any other budget | ||||||
24 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
25 | with this Section by the agency charged with administering that | ||||||
26 | provision or initiative, except that the 24-month limitation on |
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1 | the adoption of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
3 | subsection (k). The Department of Healthcare and Family | ||||||
4 | Services may also adopt rules under this subsection (k) | ||||||
5 | necessary to administer the Illinois Public Aid Code, the | ||||||
6 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
7 | Pharmaceutical Assistance Act, the Senior Citizens and | ||||||
8 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
9 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
10 | Children's Health Insurance Program Act. The adoption of | ||||||
11 | emergency rules authorized by this subsection (k) shall be | ||||||
12 | deemed to be necessary for the public interest, safety, and | ||||||
13 | welfare.
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14 | (l) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the
State's fiscal year | ||||||
16 | 2007 budget, the Department of Healthcare and Family Services | ||||||
17 | may adopt emergency rules during fiscal year 2007, including | ||||||
18 | rules effective July 1, 2007, in
accordance with this | ||||||
19 | subsection to the extent necessary to administer the | ||||||
20 | Department's responsibilities with respect to amendments to | ||||||
21 | the State plans and Illinois waivers approved by the federal | ||||||
22 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
23 | requirements of Title XIX and Title XXI of the federal Social | ||||||
24 | Security Act. The adoption of emergency rules
authorized by | ||||||
25 | this subsection (l) shall be deemed to be necessary for the | ||||||
26 | public interest,
safety, and welfare.
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1 | (m) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of the
State's fiscal year | ||||||
3 | 2008 budget, the Department of Healthcare and Family Services | ||||||
4 | may adopt emergency rules during fiscal year 2008, including | ||||||
5 | rules effective July 1, 2008, in
accordance with this | ||||||
6 | subsection to the extent necessary to administer the | ||||||
7 | Department's responsibilities with respect to amendments to | ||||||
8 | the State plans and Illinois waivers approved by the federal | ||||||
9 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
10 | requirements of Title XIX and Title XXI of the federal Social | ||||||
11 | Security Act. The adoption of emergency rules
authorized by | ||||||
12 | this subsection (m) shall be deemed to be necessary for the | ||||||
13 | public interest,
safety, and welfare.
| ||||||
14 | (n) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the State's fiscal year | ||||||
16 | 2010 budget, emergency rules to implement any provision of this | ||||||
17 | amendatory Act of the 96th General Assembly or any other budget | ||||||
18 | initiative authorized by the 96th General Assembly for fiscal | ||||||
19 | year 2010 may be adopted in accordance with this Section by the | ||||||
20 | agency charged with administering that provision or | ||||||
21 | initiative. The adoption of emergency rules authorized by this | ||||||
22 | subsection (n) shall be deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. The rulemaking authority | ||||||
24 | granted in this subsection (n) shall apply only to rules | ||||||
25 | promulgated during Fiscal Year 2010. | ||||||
26 | (o) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the State's fiscal year | ||||||
2 | 2011 budget, emergency rules to implement any provision of this | ||||||
3 | amendatory Act of the 96th General Assembly or any other budget | ||||||
4 | initiative authorized by the 96th General Assembly for fiscal | ||||||
5 | year 2011 may be adopted in accordance with this Section by the | ||||||
6 | agency charged with administering that provision or | ||||||
7 | initiative. The adoption of emergency rules authorized by this | ||||||
8 | subsection (o) is deemed to be necessary for the public | ||||||
9 | interest, safety, and welfare. The rulemaking authority | ||||||
10 | granted in this subsection (o) applies only to rules | ||||||
11 | promulgated on or after the effective date of this amendatory | ||||||
12 | Act of the 96th General Assembly through June 30, 2011. | ||||||
13 | (p) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of Public Act 97-689 this | ||||||
15 | amendatory Act of the 97th General Assembly , emergency rules to | ||||||
16 | implement any provision of Public Act 97-689 this amendatory | ||||||
17 | Act of the 97th General Assembly may be adopted in accordance | ||||||
18 | with this subsection (p) by the agency charged with | ||||||
19 | administering that provision or initiative. The 150-day | ||||||
20 | limitation of the effective period of emergency rules does not | ||||||
21 | apply to rules adopted under this subsection (p), and the | ||||||
22 | effective period may continue through June 30, 2013. The | ||||||
23 | 24-month limitation on the adoption of emergency rules does not | ||||||
24 | apply to rules adopted under this subsection (p). The adoption | ||||||
25 | of emergency rules authorized by this subsection (p) is deemed | ||||||
26 | to be necessary for the public interest, safety, and welfare. |
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1 | (Source: P.A. 96-45, eff. 7-15-09; 96-958, eff. 7-1-10; | ||||||
2 | 96-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff. | ||||||
3 | 7-1-12; revised 7-10-12.)
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4 | Section 5. The State Comptroller Act is amended by changing | ||||||
5 | Section 10.05 as follows:
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6 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
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7 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
8 | for deduction. Whenever any person shall be entitled to a | ||||||
9 | warrant or other
payment from the treasury or other funds held | ||||||
10 | by the State Treasurer, on any
account, against whom there | ||||||
11 | shall be any then due and payable account or claim in favor of | ||||||
12 | the
State, the United States upon certification by the | ||||||
13 | Secretary of the Treasury of the United States, or his or her | ||||||
14 | delegate, pursuant to a reciprocal offset agreement under | ||||||
15 | subsection (i-1) of Section 10 of the Illinois State Collection | ||||||
16 | Act of 1986, or a unit of local government, a school district, | ||||||
17 | or a public institution of higher education, as defined in | ||||||
18 | Section 1 of the Board of Higher Education Act, upon | ||||||
19 | certification by that entity, the Comptroller, upon | ||||||
20 | notification thereof, shall
ascertain the amount due and | ||||||
21 | payable to the State, the United States, the unit of local | ||||||
22 | government, the school district, or the public institution of | ||||||
23 | higher education, as aforesaid, and draw a
warrant on the | ||||||
24 | treasury or on other funds held by the State Treasurer, stating
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1 | the amount for which the party was entitled to a warrant or | ||||||
2 | other payment, the
amount deducted therefrom, and on what | ||||||
3 | account, and directing the payment of
the balance; which | ||||||
4 | warrant or payment as so drawn shall be entered on the books
of | ||||||
5 | the Treasurer, and such balance only shall be paid. The | ||||||
6 | Comptroller may
deduct any one or more of the following: (i) | ||||||
7 | the entire amount due and payable to the State or a portion
of | ||||||
8 | the amount due and payable to the State in accordance with the | ||||||
9 | request of
the notifying agency; (ii) the entire amount due and | ||||||
10 | payable to the United States or a portion of the amount due and | ||||||
11 | payable to the United States in accordance with a reciprocal | ||||||
12 | offset agreement under subsection (i-1) of Section 10 of the | ||||||
13 | Illinois State Collection Act of 1986; or (iii) the entire | ||||||
14 | amount due and payable to the unit of local government, school | ||||||
15 | district, or public institution of higher education or a | ||||||
16 | portion of the amount due and payable to that entity in | ||||||
17 | accordance with an intergovernmental agreement authorized | ||||||
18 | under this Section and Section 10.05d. No request from a | ||||||
19 | notifying agency, the Secretary of the Treasury of the United | ||||||
20 | States, a unit of local government, a school district, or a | ||||||
21 | public institution of higher education for an amount to be
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22 | deducted under this Section from a wage or salary payment, or | ||||||
23 | from a
contractual payment to an individual for personal | ||||||
24 | services, shall exceed 25% of
the net amount of such payment. | ||||||
25 | "Net amount" means that part of the earnings
of an individual | ||||||
26 | remaining after deduction of any amounts required by law to be
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1 | withheld. For purposes of this provision, wage, salary or other | ||||||
2 | payments for
personal services shall not include final | ||||||
3 | compensation payments for the value
of accrued vacation, | ||||||
4 | overtime or sick leave. Whenever the Comptroller draws a
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5 | warrant or makes a payment involving a deduction ordered under | ||||||
6 | this Section,
the Comptroller shall notify the payee and the | ||||||
7 | State agency that submitted
the voucher of the reason for the | ||||||
8 | deduction and he or she shall retain a record of such
statement | ||||||
9 | in his or her
records. As used in this Section, an "account or
| ||||||
10 | claim in favor of the State" includes all amounts owing to | ||||||
11 | "State agencies"
as defined in Section 7 of this Act. However, | ||||||
12 | the Comptroller shall not be
required to accept accounts or | ||||||
13 | claims owing to funds not held by the State
Treasurer, where | ||||||
14 | such accounts or claims do not exceed $50, nor shall the
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15 | Comptroller deduct from funds held by the State Treasurer under | ||||||
16 | the Senior
Citizens and Disabled Persons Property Tax Relief
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17 | and Pharmaceutical Assistance Act or for payments to | ||||||
18 | institutions from the Illinois Prepaid Tuition Trust
Fund
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19 | (unless the Trust Fund
moneys are used for child support).
The | ||||||
20 | Comptroller and the
Department of Revenue shall enter into an
| ||||||
21 | interagency agreement to establish responsibilities, duties, | ||||||
22 | and procedures
relating to deductions from lottery prizes | ||||||
23 | awarded under Section 20.1
of the Illinois Lottery Law. The | ||||||
24 | Comptroller may enter into an intergovernmental agreement with | ||||||
25 | the Department of Revenue and the Secretary of the Treasury of | ||||||
26 | the United States, or his or her delegate, to establish |
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1 | responsibilities, duties, and procedures relating to | ||||||
2 | reciprocal offset of delinquent State and federal obligations | ||||||
3 | pursuant to subsection (i-1) of Section 10 of the Illinois | ||||||
4 | State Collection Act of 1986. The Comptroller may enter into | ||||||
5 | intergovernmental agreements with any unit of local | ||||||
6 | government, school district, or public institution of higher | ||||||
7 | education to establish responsibilities, duties, and | ||||||
8 | procedures to provide for the offset, by the Comptroller, of | ||||||
9 | obligations owed to those entities.
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10 | (Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. | ||||||
11 | 97-632 for the effective date of changes made by P.A. 97-269); | ||||||
12 | 97-632, eff. 12-16-11; 97-689, eff. 6-14-12.)
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13 | Section 7. The State Finance Act is amended by changing | ||||||
14 | Sections 6z-52 and 6z-81 as follows:
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15 | (30 ILCS 105/6z-52)
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16 | Sec. 6z-52. Drug Rebate Fund.
| ||||||
17 | (a) There is created in the State Treasury a special fund | ||||||
18 | to be known as
the Drug Rebate Fund.
| ||||||
19 | (b) The Fund is created for the purpose of receiving and | ||||||
20 | disbursing moneys
in accordance with this Section. | ||||||
21 | Disbursements from the Fund shall be made,
subject to | ||||||
22 | appropriation, only as follows:
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23 | (1) For payments for reimbursement or coverage for | ||||||
24 | prescription drugs and other pharmacy products
provided to |
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1 | a recipient of medical assistance under the Illinois Public | ||||||
2 | Aid Code, the Children's Health Insurance Program Act, the | ||||||
3 | Covering ALL KIDS Health Insurance Act, and the Veterans' | ||||||
4 | Health Insurance Program Act of 2008 , and the Senior
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5 | Citizens and Disabled Persons Property Tax Relief and
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6 | Pharmaceutical Assistance Act .
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7 | (2) For reimbursement of moneys collected by the | ||||||
8 | Department of Healthcare and Family Services (formerly
| ||||||
9 | Illinois Department of
Public Aid) through error or | ||||||
10 | mistake.
| ||||||
11 | (3) For payments of any amounts that are reimbursable | ||||||
12 | to the federal
government resulting from a payment into | ||||||
13 | this Fund.
| ||||||
14 | (4) For payments of operational and administrative | ||||||
15 | expenses related to providing and managing coverage for | ||||||
16 | prescription drugs and other pharmacy products provided to | ||||||
17 | a recipient of medical assistance under the Illinois Public | ||||||
18 | Aid Code, the Children's Health Insurance Program Act, the | ||||||
19 | Covering ALL KIDS Health Insurance Act, the Veterans' | ||||||
20 | Health Insurance Program Act of 2008, and the Senior | ||||||
21 | Citizens and Disabled Persons Property Tax Relief and | ||||||
22 | Pharmaceutical Assistance Act. | ||||||
23 | (c) The Fund shall consist of the following:
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24 | (1) Upon notification from the Director of Healthcare | ||||||
25 | and Family Services, the Comptroller
shall direct and the | ||||||
26 | Treasurer shall transfer the net State share (disregarding |
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| |||||||
1 | the reduction in net State share attributable to the | ||||||
2 | American Recovery and Reinvestment Act of 2009 or any other | ||||||
3 | federal economic stimulus program) of all moneys
received | ||||||
4 | by the Department of Healthcare and Family Services | ||||||
5 | (formerly Illinois Department of Public Aid) from drug | ||||||
6 | rebate agreements
with pharmaceutical manufacturers | ||||||
7 | pursuant to Title XIX of the federal Social
Security Act, | ||||||
8 | including any portion of the balance in the Public Aid | ||||||
9 | Recoveries
Trust Fund on July 1, 2001 that is attributable | ||||||
10 | to such receipts.
| ||||||
11 | (2) All federal matching funds received by the Illinois | ||||||
12 | Department as a
result of expenditures made by the | ||||||
13 | Department that are attributable to moneys
deposited in the | ||||||
14 | Fund.
| ||||||
15 | (3) Any premium collected by the Illinois Department | ||||||
16 | from participants
under a waiver approved by the federal | ||||||
17 | government relating to provision of
pharmaceutical | ||||||
18 | services.
| ||||||
19 | (4) All other moneys received for the Fund from any | ||||||
20 | other source,
including interest earned thereon.
| ||||||
21 | (Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689, | ||||||
22 | eff. 7-1-12.)
| ||||||
23 | (30 ILCS 105/6z-81) | ||||||
24 | Sec. 6z-81. Healthcare Provider Relief Fund. | ||||||
25 | (a) There is created in the State treasury a special fund |
| |||||||
| |||||||
1 | to be known as the Healthcare Provider Relief Fund. | ||||||
2 | (b) The Fund is created for the purpose of receiving and | ||||||
3 | disbursing moneys in accordance with this Section. | ||||||
4 | Disbursements from the Fund shall be made only as follows: | ||||||
5 | (1) Subject to appropriation, for payment by the | ||||||
6 | Department of Healthcare and
Family Services or by the | ||||||
7 | Department of Human Services of medical bills and related | ||||||
8 | expenses, including administrative expenses, for which the | ||||||
9 | State is responsible under Titles XIX and XXI of the Social | ||||||
10 | Security Act, the Illinois Public Aid Code, the Children's | ||||||
11 | Health Insurance Program Act, the Covering ALL KIDS Health | ||||||
12 | Insurance Act, the Senior
Citizens and Disabled Persons | ||||||
13 | Property Tax Relief and
Pharmaceutical Assistance Act, and | ||||||
14 | the Long Term Acute Care Hospital Quality Improvement | ||||||
15 | Transfer Program Act. | ||||||
16 | (2) For repayment of funds borrowed from other State
| ||||||
17 | funds or from outside sources, including interest thereon. | ||||||
18 | (c) The Fund shall consist of the following: | ||||||
19 | (1) Moneys received by the State from short-term
| ||||||
20 | borrowing pursuant to the Short Term Borrowing Act on or | ||||||
21 | after the effective date of this amendatory Act of the 96th | ||||||
22 | General Assembly. | ||||||
23 | (2) All federal matching funds received by the
Illinois | ||||||
24 | Department of Healthcare and Family Services as a result of | ||||||
25 | expenditures made by the Department that are attributable | ||||||
26 | to moneys deposited in the Fund. |
| |||||||
| |||||||
1 | (3) All federal matching funds received by the
Illinois | ||||||
2 | Department of Healthcare and Family Services as a result of | ||||||
3 | federal approval of Title XIX State plan amendment | ||||||
4 | transmittal number 07-09. | ||||||
5 | (4) All other moneys received for the Fund from any
| ||||||
6 | other source, including interest earned thereon. | ||||||
7 | (d) In addition to any other transfers that may be provided | ||||||
8 | for by law, on the effective date of this amendatory Act of the | ||||||
9 | 97th General Assembly, or as soon thereafter as practical, the | ||||||
10 | State Comptroller shall direct and the State Treasurer shall | ||||||
11 | transfer the sum of $365,000,000 from the General Revenue Fund | ||||||
12 | into the Healthcare Provider Relief Fund.
| ||||||
13 | (e) In addition to any other transfers that may be provided | ||||||
14 | for by law, on July 1, 2011, or as soon thereafter as | ||||||
15 | practical, the State Comptroller shall direct and the State | ||||||
16 | Treasurer shall transfer the sum of $160,000,000 from the | ||||||
17 | General Revenue Fund to the Healthcare Provider Relief Fund. | ||||||
18 | (f) Notwithstanding any other State law to the contrary, | ||||||
19 | and in addition to any other transfers that may be provided for | ||||||
20 | by law, the State Comptroller shall order transferred and the | ||||||
21 | State Treasurer shall transfer $500,000,000 to the Healthcare | ||||||
22 | Provider Relief Fund from the General Revenue Fund in equal | ||||||
23 | monthly installments of $100,000,000, with the first transfer | ||||||
24 | to be made on July 1, 2012, or as soon thereafter as practical, | ||||||
25 | and with each of the remaining transfers to be made on August | ||||||
26 | 1, 2012, September 1, 2012, October 1, 2012, and November 1, |
| |||||||
| |||||||
1 | 2012, or as soon thereafter as practical. This transfer may | ||||||
2 | assist the Department of Healthcare and Family Services in | ||||||
3 | improving Medical Assistance bill processing timeframes or in | ||||||
4 | meeting the possible requirements of Senate Bill 3397, or other | ||||||
5 | similar legislation, of the 97th General Assembly should it | ||||||
6 | become law. | ||||||
7 | (Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11; | ||||||
8 | 97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff. | ||||||
9 | 6-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
| ||||||
10 | Section 10. The Downstate Public Transportation Act is | ||||||
11 | amended by changing Sections 2-15.2 and 2-15.3 as follows:
| ||||||
12 | (30 ILCS 740/2-15.2) | ||||||
13 | Sec. 2-15.2. Free services; eligibility. | ||||||
14 | (a) Notwithstanding any law to the contrary, no later than | ||||||
15 | 60 days following the effective date of this amendatory Act of | ||||||
16 | the 95th General Assembly and until subsection (b) is | ||||||
17 | implemented, any fixed route public transportation services | ||||||
18 | provided by, or under grant or purchase of service contracts | ||||||
19 | of, every participant, as defined in Section 2-2.02 (1)(a), | ||||||
20 | shall be provided without charge to all senior citizen | ||||||
21 | residents of the participant aged 65 and older, under such | ||||||
22 | conditions as shall be prescribed by the participant. | ||||||
23 | (b) Notwithstanding any law to the contrary, no later than | ||||||
24 | 180 days following the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 96th General Assembly, any fixed route public | ||||||
2 | transportation services provided by, or under grant or purchase | ||||||
3 | of service contracts of, every participant, as defined in | ||||||
4 | Section 2-2.02 (1)(a), shall be provided without charge to | ||||||
5 | senior citizens aged 65 and older who meet the income | ||||||
6 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
7 | 4 of the Senior Citizens and Disabled Persons Property Tax | ||||||
8 | Relief and Pharmaceutical Assistance Act, under such | ||||||
9 | conditions as shall be prescribed by the participant. The | ||||||
10 | Department on Aging shall furnish all information reasonably | ||||||
11 | necessary to determine eligibility, including updated lists of | ||||||
12 | individuals who are eligible for services without charge under | ||||||
13 | this Section. Nothing in this Section shall relieve the | ||||||
14 | participant from providing reduced fares as may be required by | ||||||
15 | federal law.
| ||||||
16 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
17 | (30 ILCS 740/2-15.3)
| ||||||
18 | Sec. 2-15.3. Transit services for disabled individuals. | ||||||
19 | Notwithstanding any law to the contrary, no later than 60 days | ||||||
20 | following the effective date of this amendatory Act of the 95th | ||||||
21 | General Assembly, all fixed route public transportation | ||||||
22 | services provided by, or under grant or purchase of service | ||||||
23 | contract of, any participant shall be provided without charge | ||||||
24 | to all disabled persons who meet the income eligibility | ||||||
25 | limitation set forth in subsection (a-5) of Section 4 of the |
| |||||||
| |||||||
1 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
2 | Pharmaceutical Assistance Act, under such procedures as shall | ||||||
3 | be prescribed by the participant. The Department on Aging shall | ||||||
4 | furnish all information reasonably necessary to determine | ||||||
5 | eligibility, including updated lists of individuals who are | ||||||
6 | eligible for services without charge under this Section.
| ||||||
7 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
8 | Section 15. The Property Tax Code is amended by changing | ||||||
9 | Sections 15-172, 15-175, 20-15, and 21-27 as follows:
| ||||||
10 | (35 ILCS 200/15-172)
| ||||||
11 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
12 | Exemption.
| ||||||
13 | (a) This Section may be cited as the Senior Citizens | ||||||
14 | Assessment
Freeze Homestead Exemption.
| ||||||
15 | (b) As used in this Section:
| ||||||
16 | "Applicant" means an individual who has filed an | ||||||
17 | application under this
Section.
| ||||||
18 | "Base amount" means the base year equalized assessed value | ||||||
19 | of the residence
plus the first year's equalized assessed value | ||||||
20 | of any added improvements which
increased the assessed value of | ||||||
21 | the residence after the base year.
| ||||||
22 | "Base year" means the taxable year prior to the taxable | ||||||
23 | year for which the
applicant first qualifies and applies for | ||||||
24 | the exemption provided that in the
prior taxable year the |
| |||||||
| |||||||
1 | property was improved with a permanent structure that
was | ||||||
2 | occupied as a residence by the applicant who was liable for | ||||||
3 | paying real
property taxes on the property and who was either | ||||||
4 | (i) an owner of record of the
property or had legal or | ||||||
5 | equitable interest in the property as evidenced by a
written | ||||||
6 | instrument or (ii) had a legal or equitable interest as a | ||||||
7 | lessee in the
parcel of property that was single family | ||||||
8 | residence.
If in any subsequent taxable year for which the | ||||||
9 | applicant applies and
qualifies for the exemption the equalized | ||||||
10 | assessed value of the residence is
less than the equalized | ||||||
11 | assessed value in the existing base year
(provided that such | ||||||
12 | equalized assessed value is not
based
on an
assessed value that | ||||||
13 | results from a temporary irregularity in the property that
| ||||||
14 | reduces the
assessed value for one or more taxable years), then | ||||||
15 | that
subsequent taxable year shall become the base year until a | ||||||
16 | new base year is
established under the terms of this paragraph. | ||||||
17 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
18 | shall review (i) all taxable years for which
the
applicant | ||||||
19 | applied and qualified for the exemption and (ii) the existing | ||||||
20 | base
year.
The assessment officer shall select as the new base | ||||||
21 | year the year with the
lowest equalized assessed value.
An | ||||||
22 | equalized assessed value that is based on an assessed value | ||||||
23 | that results
from a
temporary irregularity in the property that | ||||||
24 | reduces the assessed value for one
or more
taxable years shall | ||||||
25 | not be considered the lowest equalized assessed value.
The | ||||||
26 | selected year shall be the base year for
taxable year 1999 and |
| |||||||
| |||||||
1 | thereafter until a new base year is established under the
terms | ||||||
2 | of this paragraph.
| ||||||
3 | "Chief County Assessment Officer" means the County | ||||||
4 | Assessor or Supervisor of
Assessments of the county in which | ||||||
5 | the property is located.
| ||||||
6 | "Equalized assessed value" means the assessed value as | ||||||
7 | equalized by the
Illinois Department of Revenue.
| ||||||
8 | "Household" means the applicant, the spouse of the | ||||||
9 | applicant, and all persons
using the residence of the applicant | ||||||
10 | as their principal place of residence.
| ||||||
11 | "Household income" means the combined income of the members | ||||||
12 | of a household
for the calendar year preceding the taxable | ||||||
13 | year.
| ||||||
14 | "Income" has the same meaning as provided in Section 3.07 | ||||||
15 | of the Senior
Citizens and Disabled Persons Property Tax Relief
| ||||||
16 | and Pharmaceutical Assistance Act, except that, beginning in | ||||||
17 | assessment year 2001, "income" does not
include veteran's | ||||||
18 | benefits.
| ||||||
19 | "Internal Revenue Code of 1986" means the United States | ||||||
20 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
21 | relating to federal income taxes in effect
for the year | ||||||
22 | preceding the taxable year.
| ||||||
23 | "Life care facility that qualifies as a cooperative" means | ||||||
24 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
25 | Act.
| ||||||
26 | "Maximum income limitation" means: |
| |||||||
| |||||||
1 | (1) $35,000 prior
to taxable year 1999; | ||||||
2 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
3 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
4 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
5 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
6 | "Residence" means the principal dwelling place and | ||||||
7 | appurtenant structures
used for residential purposes in this | ||||||
8 | State occupied on January 1 of the
taxable year by a household | ||||||
9 | and so much of the surrounding land, constituting
the parcel | ||||||
10 | upon which the dwelling place is situated, as is used for
| ||||||
11 | residential purposes. If the Chief County Assessment Officer | ||||||
12 | has established a
specific legal description for a portion of | ||||||
13 | property constituting the
residence, then that portion of | ||||||
14 | property shall be deemed the residence for the
purposes of this | ||||||
15 | Section.
| ||||||
16 | "Taxable year" means the calendar year during which ad | ||||||
17 | valorem property taxes
payable in the next succeeding year are | ||||||
18 | levied.
| ||||||
19 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
20 | assessment freeze
homestead exemption is granted for real | ||||||
21 | property that is improved with a
permanent structure that is | ||||||
22 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
23 | age or older during the taxable year, (ii) has a household | ||||||
24 | income that does not exceed the maximum income limitation, | ||||||
25 | (iii) is liable for paying real property taxes on
the
property, | ||||||
26 | and (iv) is an owner of record of the property or has a legal or
|
| |||||||
| |||||||
1 | equitable interest in the property as evidenced by a written | ||||||
2 | instrument. This
homestead exemption shall also apply to a | ||||||
3 | leasehold interest in a parcel of
property improved with a | ||||||
4 | permanent structure that is a single family residence
that is | ||||||
5 | occupied as a residence by a person who (i) is 65 years of age | ||||||
6 | or older
during the taxable year, (ii) has a household income | ||||||
7 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
8 | legal or equitable ownership interest in the property as | ||||||
9 | lessee, and (iv)
is liable for the payment of real property | ||||||
10 | taxes on that property.
| ||||||
11 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
12 | the exemption for all taxable years is the equalized assessed | ||||||
13 | value of the
residence in the taxable year for which | ||||||
14 | application is made minus the base
amount. In all other | ||||||
15 | counties, the amount of the exemption is as follows: (i) | ||||||
16 | through taxable year 2005 and for taxable year 2007 and | ||||||
17 | thereafter, the amount of this exemption shall be the equalized | ||||||
18 | assessed value of the
residence in the taxable year for which | ||||||
19 | application is made minus the base
amount; and (ii) for
taxable | ||||||
20 | year 2006, the amount of the exemption is as follows:
| ||||||
21 | (1) For an applicant who has a household income of | ||||||
22 | $45,000 or less, the amount of the exemption is the | ||||||
23 | equalized assessed value of the
residence in the taxable | ||||||
24 | year for which application is made minus the base
amount. | ||||||
25 | (2) For an applicant who has a household income | ||||||
26 | exceeding $45,000 but not exceeding $46,250, the amount of |
| |||||||
| |||||||
1 | the exemption is (i) the equalized assessed value of the
| ||||||
2 | residence in the taxable year for which application is made | ||||||
3 | minus the base
amount (ii) multiplied by 0.8. | ||||||
4 | (3) For an applicant who has a household income | ||||||
5 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
6 | the exemption is (i) the equalized assessed value of the
| ||||||
7 | residence in the taxable year for which application is made | ||||||
8 | minus the base
amount (ii) multiplied by 0.6. | ||||||
9 | (4) For an applicant who has a household income | ||||||
10 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
11 | the exemption is (i) the equalized assessed value of the
| ||||||
12 | residence in the taxable year for which application is made | ||||||
13 | minus the base
amount (ii) multiplied by 0.4. | ||||||
14 | (5) For an applicant who has a household income | ||||||
15 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
16 | the exemption is (i) the equalized assessed value of the
| ||||||
17 | residence in the taxable year for which application is made | ||||||
18 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
19 | When the applicant is a surviving spouse of an applicant | ||||||
20 | for a prior year for
the same residence for which an exemption | ||||||
21 | under this Section has been granted,
the base year and base | ||||||
22 | amount for that residence are the same as for the
applicant for | ||||||
23 | the prior year.
| ||||||
24 | Each year at the time the assessment books are certified to | ||||||
25 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
26 | give to the County Clerk a list
of the assessed values of |
| |||||||
| |||||||
1 | improvements on each parcel qualifying for this
exemption that | ||||||
2 | were added after the base year for this parcel and that
| ||||||
3 | increased the assessed value of the property.
| ||||||
4 | In the case of land improved with an apartment building | ||||||
5 | owned and operated as
a cooperative or a building that is a | ||||||
6 | life care facility that qualifies as a
cooperative, the maximum | ||||||
7 | reduction from the equalized assessed value of the
property is | ||||||
8 | limited to the sum of the reductions calculated for each unit
| ||||||
9 | occupied as a residence by a person or persons (i) 65 years of | ||||||
10 | age or older, (ii) with a
household income that does not exceed | ||||||
11 | the maximum income limitation, (iii) who is liable, by contract | ||||||
12 | with the
owner
or owners of record, for paying real property | ||||||
13 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
14 | legal or equitable interest in the cooperative
apartment | ||||||
15 | building, other than a leasehold interest. In the instance of a
| ||||||
16 | cooperative where a homestead exemption has been granted under | ||||||
17 | this Section,
the cooperative association or its management | ||||||
18 | firm shall credit the savings
resulting from that exemption | ||||||
19 | only to the apportioned tax liability of the
owner who | ||||||
20 | qualified for the exemption. Any person who willfully refuses | ||||||
21 | to
credit that savings to an owner who qualifies for the | ||||||
22 | exemption is guilty of a
Class B misdemeanor.
| ||||||
23 | When a homestead exemption has been granted under this | ||||||
24 | Section and an
applicant then becomes a resident of a facility | ||||||
25 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
26 | Nursing Home
Care Act, the Specialized Mental Health |
| |||||||
| |||||||
1 | Rehabilitation Act, or the ID/DD Community Care Act, the | ||||||
2 | exemption shall be granted in subsequent years so long as the
| ||||||
3 | residence (i) continues to be occupied by the qualified | ||||||
4 | applicant's spouse or
(ii) if remaining unoccupied, is still | ||||||
5 | owned by the qualified applicant for the
homestead exemption.
| ||||||
6 | Beginning January 1, 1997, when an individual dies who | ||||||
7 | would have qualified
for an exemption under this Section, and | ||||||
8 | the surviving spouse does not
independently qualify for this | ||||||
9 | exemption because of age, the exemption under
this Section | ||||||
10 | shall be granted to the surviving spouse for the taxable year
| ||||||
11 | preceding and the taxable
year of the death, provided that, | ||||||
12 | except for age, the surviving spouse meets
all
other | ||||||
13 | qualifications for the granting of this exemption for those | ||||||
14 | years.
| ||||||
15 | When married persons maintain separate residences, the | ||||||
16 | exemption provided for
in this Section may be claimed by only | ||||||
17 | one of such persons and for only one
residence.
| ||||||
18 | For taxable year 1994 only, in counties having less than | ||||||
19 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
20 | submit an application by
February 15, 1995 to the Chief County | ||||||
21 | Assessment Officer
of the county in which the property is | ||||||
22 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
23 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
24 | the exemption, a person
may submit an application to the Chief | ||||||
25 | County
Assessment Officer of the county in which the property | ||||||
26 | is located during such
period as may be specified by the Chief |
| |||||||
| |||||||
1 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
2 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
3 | give notice of the application period by mail or by | ||||||
4 | publication. In
counties having less than 3,000,000 | ||||||
5 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
6 | to receive the exemption, a person
shall
submit an
application | ||||||
7 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
8 | Officer of the county in which the property is located. A | ||||||
9 | county may, by
ordinance, establish a date for submission of | ||||||
10 | applications that is
different than
July 1.
The applicant shall | ||||||
11 | submit with the
application an affidavit of the applicant's | ||||||
12 | total household income, age,
marital status (and if married the | ||||||
13 | name and address of the applicant's spouse,
if known), and | ||||||
14 | principal dwelling place of members of the household on January
| ||||||
15 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
16 | a method for
verifying the accuracy of affidavits filed by | ||||||
17 | applicants under this Section, and the Chief County Assessment | ||||||
18 | Officer may conduct audits of any taxpayer claiming an | ||||||
19 | exemption under this Section to verify that the taxpayer is | ||||||
20 | eligible to receive the exemption. Each application shall | ||||||
21 | contain or be verified by a written declaration that it is made | ||||||
22 | under the penalties of perjury. A taxpayer's signing a | ||||||
23 | fraudulent application under this Act is perjury, as defined in | ||||||
24 | Section 32-2 of the Criminal Code of 1961.
The applications | ||||||
25 | shall be clearly marked as applications for the Senior
Citizens | ||||||
26 | Assessment Freeze Homestead Exemption and must contain a notice |
| |||||||
| |||||||
1 | that any taxpayer who receives the exemption is subject to an | ||||||
2 | audit by the Chief County Assessment Officer.
| ||||||
3 | Notwithstanding any other provision to the contrary, in | ||||||
4 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
5 | applicant fails
to file the application required by this | ||||||
6 | Section in a timely manner and this
failure to file is due to a | ||||||
7 | mental or physical condition sufficiently severe so
as to | ||||||
8 | render the applicant incapable of filing the application in a | ||||||
9 | timely
manner, the Chief County Assessment Officer may extend | ||||||
10 | the filing deadline for
a period of 30 days after the applicant | ||||||
11 | regains the capability to file the
application, but in no case | ||||||
12 | may the filing deadline be extended beyond 3
months of the | ||||||
13 | original filing deadline. In order to receive the extension
| ||||||
14 | provided in this paragraph, the applicant shall provide the | ||||||
15 | Chief County
Assessment Officer with a signed statement from | ||||||
16 | the applicant's physician
stating the nature and extent of the | ||||||
17 | condition, that, in the
physician's opinion, the condition was | ||||||
18 | so severe that it rendered the applicant
incapable of filing | ||||||
19 | the application in a timely manner, and the date on which
the | ||||||
20 | applicant regained the capability to file the application.
| ||||||
21 | Beginning January 1, 1998, notwithstanding any other | ||||||
22 | provision to the
contrary, in counties having fewer than | ||||||
23 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
24 | application required by this Section in a timely manner and
| ||||||
25 | this failure to file is due to a mental or physical condition | ||||||
26 | sufficiently
severe so as to render the applicant incapable of |
| |||||||
| |||||||
1 | filing the application in a
timely manner, the Chief County | ||||||
2 | Assessment Officer may extend the filing
deadline for a period | ||||||
3 | of 3 months. In order to receive the extension provided
in this | ||||||
4 | paragraph, the applicant shall provide the Chief County | ||||||
5 | Assessment
Officer with a signed statement from the applicant's | ||||||
6 | physician stating the
nature and extent of the condition, and | ||||||
7 | that, in the physician's opinion, the
condition was so severe | ||||||
8 | that it rendered the applicant incapable of filing the
| ||||||
9 | application in a timely manner.
| ||||||
10 | In counties having less than 3,000,000 inhabitants, if an | ||||||
11 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
12 | denial occurred due to an
error on the part of an assessment
| ||||||
13 | official, or his or her agent or employee, then beginning in | ||||||
14 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
15 | determining the amount of the exemption,
shall be 1993 rather | ||||||
16 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
17 | exemption shall also include an amount equal to (i) the amount | ||||||
18 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
19 | as a result of using
1994, rather than 1993, as the base year, | ||||||
20 | (ii) the amount of any exemption
denied to the applicant in | ||||||
21 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
22 | as the base year, and (iii) the amount of the exemption | ||||||
23 | erroneously
denied for taxable year 1994.
| ||||||
24 | For purposes of this Section, a person who will be 65 years | ||||||
25 | of age during the
current taxable year shall be eligible to | ||||||
26 | apply for the homestead exemption
during that taxable year. |
| |||||||
| |||||||
1 | Application shall be made during the application
period in | ||||||
2 | effect for the county of his or her residence.
| ||||||
3 | The Chief County Assessment Officer may determine the | ||||||
4 | eligibility of a life
care facility that qualifies as a | ||||||
5 | cooperative to receive the benefits
provided by this Section by | ||||||
6 | use of an affidavit, application, visual
inspection, | ||||||
7 | questionnaire, or other reasonable method in order to insure | ||||||
8 | that
the tax savings resulting from the exemption are credited | ||||||
9 | by the management
firm to the apportioned tax liability of each | ||||||
10 | qualifying resident. The Chief
County Assessment Officer may | ||||||
11 | request reasonable proof that the management firm
has so | ||||||
12 | credited that exemption.
| ||||||
13 | Except as provided in this Section, all information | ||||||
14 | received by the chief
county assessment officer or the | ||||||
15 | Department from applications filed under this
Section, or from | ||||||
16 | any investigation conducted under the provisions of this
| ||||||
17 | Section, shall be confidential, except for official purposes or
| ||||||
18 | pursuant to official procedures for collection of any State or | ||||||
19 | local tax or
enforcement of any civil or criminal penalty or | ||||||
20 | sanction imposed by this Act or
by any statute or ordinance | ||||||
21 | imposing a State or local tax. Any person who
divulges any such | ||||||
22 | information in any manner, except in accordance with a proper
| ||||||
23 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
24 | Nothing contained in this Section shall prevent the | ||||||
25 | Director or chief county
assessment officer from publishing or | ||||||
26 | making available reasonable statistics
concerning the |
| |||||||
| |||||||
1 | operation of the exemption contained in this Section in which
| ||||||
2 | the contents of claims are grouped into aggregates in such a | ||||||
3 | way that
information contained in any individual claim shall | ||||||
4 | not be disclosed.
| ||||||
5 | (d) Each Chief County Assessment Officer shall annually | ||||||
6 | publish a notice
of availability of the exemption provided | ||||||
7 | under this Section. The notice
shall be published at least 60 | ||||||
8 | days but no more than 75 days prior to the date
on which the | ||||||
9 | application must be submitted to the Chief County Assessment
| ||||||
10 | Officer of the county in which the property is located. The | ||||||
11 | notice shall
appear in a newspaper of general circulation in | ||||||
12 | the county.
| ||||||
13 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
14 | no reimbursement by the State is required for the | ||||||
15 | implementation of any mandate created by this Section.
| ||||||
16 | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | ||||||
17 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
18 | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
| ||||||
19 | (35 ILCS 200/15-175)
| ||||||
20 | Sec. 15-175. General homestead exemption. Except as | ||||||
21 | provided in Sections 15-176 and 15-177, homestead
property is
| ||||||
22 | entitled to an annual homestead exemption limited, except as | ||||||
23 | described here
with relation to cooperatives, to a reduction in | ||||||
24 | the equalized assessed value
of homestead property equal to the | ||||||
25 | increase in equalized assessed value for the
current assessment |
| |||||||
| |||||||
1 | year above the equalized assessed value of the property for
| ||||||
2 | 1977, up to the maximum reduction set forth below. If however, | ||||||
3 | the 1977
equalized assessed value upon which taxes were paid is | ||||||
4 | subsequently determined
by local assessing officials, the | ||||||
5 | Property Tax Appeal Board, or a court to have
been excessive, | ||||||
6 | the equalized assessed value which should have been placed on
| ||||||
7 | the property for 1977 shall be used to determine the amount of | ||||||
8 | the exemption.
| ||||||
9 | Except as provided in Section 15-176, the maximum reduction | ||||||
10 | before taxable year 2004 shall be
$4,500 in counties with | ||||||
11 | 3,000,000 or more
inhabitants
and $3,500 in all other counties. | ||||||
12 | Except as provided in Sections 15-176 and 15-177, for taxable | ||||||
13 | years 2004 through 2007, the maximum reduction shall be $5,000, | ||||||
14 | for taxable year 2008, the maximum reduction is $5,500, and, | ||||||
15 | for taxable years 2009 and thereafter, the maximum reduction is | ||||||
16 | $6,000 in all counties. If a county has elected to subject | ||||||
17 | itself to the provisions of Section 15-176 as provided in | ||||||
18 | subsection (k) of that Section, then, for the first taxable | ||||||
19 | year only after the provisions of Section 15-176 no longer | ||||||
20 | apply, for owners who, for the taxable year, have not been | ||||||
21 | granted a senior citizens assessment freeze homestead | ||||||
22 | exemption under Section 15-172 or a long-time occupant | ||||||
23 | homestead exemption under Section 15-177, there shall be an | ||||||
24 | additional exemption of $5,000 for owners with a household | ||||||
25 | income of $30,000 or less.
| ||||||
26 | In counties with fewer than 3,000,000 inhabitants, if, |
| |||||||
| |||||||
1 | based on the most
recent assessment, the equalized assessed | ||||||
2 | value of
the homestead property for the current assessment year | ||||||
3 | is greater than the
equalized assessed value of the property | ||||||
4 | for 1977, the owner of the property
shall automatically receive | ||||||
5 | the exemption granted under this Section in an
amount equal to | ||||||
6 | the increase over the 1977 assessment up to the maximum
| ||||||
7 | reduction set forth in this Section.
| ||||||
8 | If in any assessment year beginning with the 2000 | ||||||
9 | assessment year,
homestead property has a pro-rata valuation | ||||||
10 | under
Section 9-180 resulting in an increase in the assessed | ||||||
11 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
12 | the increase in equalized assessed
value of the property for | ||||||
13 | the year of the pro-rata valuation above the
equalized assessed | ||||||
14 | value of the property for 1977 shall be applied to the
property | ||||||
15 | on a proportionate basis for the period the property qualified | ||||||
16 | as
homestead property during the assessment year. The maximum | ||||||
17 | proportionate
homestead exemption shall not exceed the maximum | ||||||
18 | homestead exemption allowed in
the county under this Section | ||||||
19 | divided by 365 and multiplied by the number of
days the | ||||||
20 | property qualified as homestead property.
| ||||||
21 | "Homestead property" under this Section includes | ||||||
22 | residential property that is
occupied by its owner or owners as | ||||||
23 | his or their principal dwelling place, or
that is a leasehold | ||||||
24 | interest on which a single family residence is situated,
which | ||||||
25 | is occupied as a residence by a person who has an ownership | ||||||
26 | interest
therein, legal or equitable or as a lessee, and on |
| |||||||
| |||||||
1 | which the person is
liable for the payment of property taxes. | ||||||
2 | For land improved with
an apartment building owned and operated | ||||||
3 | as a cooperative or a building which
is a life care facility as | ||||||
4 | defined in Section 15-170 and considered to
be a cooperative | ||||||
5 | under Section 15-170, the maximum reduction from the equalized
| ||||||
6 | assessed value shall be limited to the increase in the value | ||||||
7 | above the
equalized assessed value of the property for 1977, up | ||||||
8 | to
the maximum reduction set forth above, multiplied by the | ||||||
9 | number of apartments
or units occupied by a person or persons | ||||||
10 | who is liable, by contract with the
owner or owners of record, | ||||||
11 | for paying property taxes on the property and is an
owner of | ||||||
12 | record of a legal or equitable interest in the cooperative
| ||||||
13 | apartment building, other than a leasehold interest. For | ||||||
14 | purposes of this
Section, the term "life care facility" has the | ||||||
15 | meaning stated in Section
15-170.
| ||||||
16 | "Household", as used in this Section,
means the owner, the | ||||||
17 | spouse of the owner, and all persons using
the
residence of the | ||||||
18 | owner as their principal place of residence.
| ||||||
19 | "Household income", as used in this Section,
means the | ||||||
20 | combined income of the members of a household
for the calendar | ||||||
21 | year preceding the taxable year.
| ||||||
22 | "Income", as used in this Section,
has the same meaning as | ||||||
23 | provided in Section 3.07 of the Senior
Citizens
and Disabled | ||||||
24 | Persons Property Tax Relief and Pharmaceutical Assistance Act,
| ||||||
25 | except that
"income" does not include veteran's benefits.
| ||||||
26 | In a cooperative where a homestead exemption has been |
| |||||||
| |||||||
1 | granted, the
cooperative association or its management firm | ||||||
2 | shall credit the savings
resulting from that exemption only to | ||||||
3 | the apportioned tax liability of the
owner who qualified for | ||||||
4 | the exemption. Any person who willfully refuses to so
credit | ||||||
5 | the savings shall be guilty of a Class B misdemeanor.
| ||||||
6 | Where married persons maintain and reside in separate | ||||||
7 | residences qualifying
as homestead property, each residence | ||||||
8 | shall receive 50% of the total reduction
in equalized assessed | ||||||
9 | valuation provided by this Section.
| ||||||
10 | In all counties, the assessor
or chief county assessment | ||||||
11 | officer may determine the
eligibility of residential property | ||||||
12 | to receive the homestead exemption and the amount of the | ||||||
13 | exemption by
application, visual inspection, questionnaire or | ||||||
14 | other reasonable methods. The
determination shall be made in | ||||||
15 | accordance with guidelines established by the
Department, | ||||||
16 | provided that the taxpayer applying for an additional general | ||||||
17 | exemption under this Section shall submit to the chief county | ||||||
18 | assessment officer an application with an affidavit of the | ||||||
19 | applicant's total household income, age, marital status (and, | ||||||
20 | if married, the name and address of the applicant's spouse, if | ||||||
21 | known), and principal dwelling place of members of the | ||||||
22 | household on January 1 of the taxable year. The Department | ||||||
23 | shall issue guidelines establishing a method for verifying the | ||||||
24 | accuracy of the affidavits filed by applicants under this | ||||||
25 | paragraph. The applications shall be clearly marked as | ||||||
26 | applications for the Additional General Homestead Exemption.
|
| |||||||
| |||||||
1 | In counties with fewer than 3,000,000 inhabitants, in the | ||||||
2 | event of a sale
of
homestead property the homestead exemption | ||||||
3 | shall remain in effect for the
remainder of the assessment year | ||||||
4 | of the sale. The assessor or chief county
assessment officer | ||||||
5 | may require the new
owner of the property to apply for the | ||||||
6 | homestead exemption for the following
assessment year.
| ||||||
7 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
8 | no reimbursement by the State is required for the | ||||||
9 | implementation of any mandate created by this Section.
| ||||||
10 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
11 | (35 ILCS 200/20-15)
| ||||||
12 | Sec. 20-15. Information on bill or separate statement. | ||||||
13 | There shall be
printed on each bill, or on a separate slip | ||||||
14 | which shall be mailed with the
bill:
| ||||||
15 | (a) a statement itemizing the rate at which taxes have | ||||||
16 | been extended for
each of the taxing districts in the | ||||||
17 | county in whose district the property is
located, and in | ||||||
18 | those counties utilizing
electronic data processing | ||||||
19 | equipment the dollar amount of tax due from the
person | ||||||
20 | assessed allocable to each of those taxing districts, | ||||||
21 | including a
separate statement of the dollar amount of tax | ||||||
22 | due which is allocable to a tax
levied under the Illinois | ||||||
23 | Local Library Act or to any other tax levied by a
| ||||||
24 | municipality or township for public library purposes,
| ||||||
25 | (b) a separate statement for each of the taxing |
| |||||||
| |||||||
1 | districts of the dollar
amount of tax due which is | ||||||
2 | allocable to a tax levied under the Illinois Pension
Code | ||||||
3 | or to any other tax levied by a municipality or township | ||||||
4 | for public
pension or retirement purposes,
| ||||||
5 | (c) the total tax rate,
| ||||||
6 | (d) the total amount of tax due, and
| ||||||
7 | (e) the amount by which the total tax and the tax | ||||||
8 | allocable to each taxing
district differs from the | ||||||
9 | taxpayer's last prior tax bill.
| ||||||
10 | The county treasurer shall ensure that only those taxing | ||||||
11 | districts in
which a parcel of property is located shall be | ||||||
12 | listed on the bill for that
property.
| ||||||
13 | In all counties the statement shall also provide:
| ||||||
14 | (1) the property index number or other suitable | ||||||
15 | description,
| ||||||
16 | (2) the assessment of the property,
| ||||||
17 | (3) the equalization factors imposed by the county and | ||||||
18 | by the Department,
and
| ||||||
19 | (4) the equalized assessment resulting from the | ||||||
20 | application of the
equalization factors to the basic | ||||||
21 | assessment.
| ||||||
22 | In all counties which do not classify property for purposes | ||||||
23 | of taxation, for
property on which a single family residence is | ||||||
24 | situated the statement shall
also include a statement to | ||||||
25 | reflect the fair cash value determined for the
property. In all | ||||||
26 | counties which classify property for purposes of taxation in
|
| |||||||
| |||||||
1 | accordance with Section 4 of Article IX of the Illinois | ||||||
2 | Constitution, for
parcels of residential property in the lowest | ||||||
3 | assessment classification the
statement shall also include a | ||||||
4 | statement to reflect the fair cash value
determined for the | ||||||
5 | property.
| ||||||
6 | In all counties, the statement must include information | ||||||
7 | that certain
taxpayers may be eligible for tax exemptions, | ||||||
8 | abatements, and other assistance programs and that, for more | ||||||
9 | information, taxpayers should consult with the office of their | ||||||
10 | township or county assessor and with the Illinois Department of | ||||||
11 | Revenue.
| ||||||
12 | In all counties, the statement shall include information | ||||||
13 | that certain
taxpayers may be eligible for the Senior Citizens | ||||||
14 | and Disabled Persons Property
Tax Relief and Pharmaceutical | ||||||
15 | Assistance Act and that applications are
available from the | ||||||
16 | Illinois Department on Aging.
| ||||||
17 | In counties which use the estimated or accelerated billing | ||||||
18 | methods, these
statements shall only be provided with the final | ||||||
19 | installment of taxes due. The
provisions of this Section create | ||||||
20 | a mandatory statutory duty. They are not
merely directory or | ||||||
21 | discretionary. The failure or neglect of the collector to
mail | ||||||
22 | the bill, or the failure of the taxpayer to receive the bill, | ||||||
23 | shall not
affect the validity of any tax, or the liability for | ||||||
24 | the payment of any tax.
| ||||||
25 | (Source: P.A. 97-689, eff. 6-14-12.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/21-27)
| ||||||
2 | Sec. 21-27. Waiver of interest penalty. | ||||||
3 | (a) On the recommendation
of the county treasurer, the | ||||||
4 | county board may adopt a resolution under which an
interest | ||||||
5 | penalty for the delinquent payment of taxes for any year that
| ||||||
6 | otherwise would be imposed under Section 21-15, 21-20, or 21-25 | ||||||
7 | shall be waived
in the case of any person who meets all of the | ||||||
8 | following criteria:
| ||||||
9 | (1) The person is determined eligible for a grant under | ||||||
10 | the Senior
Citizens and Disabled Persons Property Tax | ||||||
11 | Relief
and Pharmaceutical Assistance Act with respect to | ||||||
12 | the taxes for that year.
| ||||||
13 | (2) The person requests, in writing, on a form approved | ||||||
14 | by the county
treasurer, a waiver of the interest penalty, | ||||||
15 | and the request is filed with the
county treasurer on or | ||||||
16 | before the first day of the month that an installment of
| ||||||
17 | taxes is due.
| ||||||
18 | (3) The person pays the installment of taxes due, in | ||||||
19 | full, on or before
the third day of the month that the | ||||||
20 | installment is due.
| ||||||
21 | (4) The county treasurer approves the request for a | ||||||
22 | waiver.
| ||||||
23 | (b) With respect to property that qualifies as a brownfield | ||||||
24 | site under Section 58.2 of the Environmental Protection Act, | ||||||
25 | the county board, upon the recommendation
of the county | ||||||
26 | treasurer, may adopt a resolution to waive an
interest penalty |
| |||||||
| |||||||
1 | for the delinquent payment of taxes for any year that
otherwise | ||||||
2 | would be imposed under Section 21-15, 21-20, or 21-25 if all of | ||||||
3 | the following criteria are met: | ||||||
4 | (1) the property has delinquent taxes and an | ||||||
5 | outstanding interest penalty and the amount of that | ||||||
6 | interest penalty is so large as to, possibly, result in all | ||||||
7 | of the taxes becoming uncollectible; | ||||||
8 | (2) the property is part of a redevelopment plan of a | ||||||
9 | unit of local government and that unit of local government | ||||||
10 | does not oppose the waiver of the interest penalty; | ||||||
11 | (3) the redevelopment of the property will benefit the | ||||||
12 | public interest by remediating the brownfield | ||||||
13 | contamination; | ||||||
14 | (4) the taxpayer delivers to the county treasurer (i) a | ||||||
15 | written request for a waiver of the interest penalty, on a | ||||||
16 | form approved by the county
treasurer, and (ii) a copy of | ||||||
17 | the redevelopment plan for the property; | ||||||
18 | (5) the taxpayer pays, in full, the amount of up to the | ||||||
19 | amount of the first 2 installments of taxes due, to be held | ||||||
20 | in escrow pending the approval of the waiver, and enters | ||||||
21 | into an agreement with the county treasurer setting forth a | ||||||
22 | schedule for the payment of any remaining taxes due; and | ||||||
23 | (6) the county treasurer approves the request for a | ||||||
24 | waiver. | ||||||
25 | (Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)
|
| |||||||
| |||||||
1 | Section 20. The Mobile Home Local Services Tax Act is | ||||||
2 | amended by changing Section 7 as follows:
| ||||||
3 | (35 ILCS 515/7) (from Ch. 120, par. 1207)
| ||||||
4 | Sec. 7.
The local services tax for owners of mobile homes | ||||||
5 | who (a) are
actually residing in such mobile homes, (b) hold | ||||||
6 | title to such mobile
home as provided in the Illinois Vehicle | ||||||
7 | Code, and (c) are 65 years of age or older or are disabled
| ||||||
8 | persons within the meaning of Section 3.14 of the "Senior | ||||||
9 | Citizens and
Disabled Persons Property Tax Relief and | ||||||
10 | Pharmaceutical Assistance Act"
on the annual billing date
shall | ||||||
11 | be reduced to 80 percent of the tax provided for in Section 3 | ||||||
12 | of
this Act. Proof that a claimant has been issued an Illinois | ||||||
13 | Disabled
Person Identification Card stating that the claimant | ||||||
14 | is under a Class 2
disability, as provided in Section 4A of the | ||||||
15 | Illinois Identification Card
Act, shall constitute proof that | ||||||
16 | the person thereon named is a disabled
person within the | ||||||
17 | meaning of this Act. An application for reduction of
the tax | ||||||
18 | shall be filed with
the county clerk by the individuals who are | ||||||
19 | entitled to the reduction.
If the application is filed after | ||||||
20 | May 1, the reduction in tax shall
begin with the next annual | ||||||
21 | bill. Application for the reduction in tax
shall be done by | ||||||
22 | submitting proof that the applicant has been issued an
Illinois | ||||||
23 | Disabled Person Identification Card designating the | ||||||
24 | applicant's
disability as a Class 2 disability, or by affidavit | ||||||
25 | in substantially the
following form:
|
| |||||||
| |||||||
1 | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
| ||||||
2 | I hereby make application for a reduction to 80% of the | ||||||
3 | total tax
imposed under "An Act to provide for a local services
| ||||||
4 | tax on mobile homes".
| ||||||
5 | (1) Senior Citizens
| ||||||
6 | (a) I actually reside in the mobile home ....
| ||||||
7 | (b) I hold title to the mobile home as provided in the | ||||||
8 | Illinois
Vehicle Code ....
| ||||||
9 | (c) I reached the age of 65 on or before either January 1 | ||||||
10 | (or July
1) of the year in which this statement is filed. My | ||||||
11 | date of birth is: ...
| ||||||
12 | (2) Disabled Persons
| ||||||
13 | (a) I actually reside in the mobile home...
| ||||||
14 | (b) I hold title to the mobile home as provided in the | ||||||
15 | Illinois
Vehicle Code ....
| ||||||
16 | (c) I was totally disabled on ... and have remained | ||||||
17 | disabled until
the date of this application. My Social | ||||||
18 | Security, Veterans, Railroad or
Civil Service Total Disability | ||||||
19 | Claim Number is ... The undersigned
declares under the penalty | ||||||
20 | of perjury that the above statements are true
and correct.
| ||||||
21 | Dated (insert date).
| ||||||
22 | ...........................
| ||||||
23 | Signature of owner
| ||||||
24 | ...........................
| ||||||
25 | (Address)
| ||||||
26 | ...........................
|
| |||||||
| |||||||
1 | (City) (State) (Zip)
| ||||||
2 | Approved by:
| ||||||
3 | .............................
| ||||||
4 | (Assessor)
| ||||||
5 | This application shall be accompanied by a copy of the | ||||||
6 | applicant's
most recent application filed with the Illinois | ||||||
7 | Department on Aging
under the Senior Citizens and Disabled | ||||||
8 | Persons Property Tax Relief and Pharmaceutical Assistance Act.
| ||||||
9 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
10 | Section 25. The Metropolitan Transit Authority Act is | ||||||
11 | amended by changing Sections 51 and 52 as follows:
| ||||||
12 | (70 ILCS 3605/51) | ||||||
13 | Sec. 51. Free services; eligibility. | ||||||
14 | (a) Notwithstanding any law to the contrary, no later than | ||||||
15 | 60 days following the effective date of this amendatory Act of | ||||||
16 | the 95th General Assembly and until subsection (b) is | ||||||
17 | implemented, any fixed route public transportation services | ||||||
18 | provided by, or under grant or purchase of service contracts | ||||||
19 | of, the Board shall be provided without charge to all senior | ||||||
20 | citizens of the Metropolitan Region (as such term is defined in | ||||||
21 | 70 ILCS 3615/1.03) aged 65 and older, under such conditions as | ||||||
22 | shall be prescribed by the Board.
| ||||||
23 | (b) Notwithstanding any law to the contrary, no later than |
| |||||||
| |||||||
1 | 180 days following the effective date of this amendatory Act of | ||||||
2 | the 96th General Assembly, any fixed route public | ||||||
3 | transportation services provided by, or under grant or purchase | ||||||
4 | of service contracts of, the Board shall be provided without | ||||||
5 | charge to senior citizens aged 65 and older who meet the income | ||||||
6 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
7 | 4 of the Senior Citizens and Disabled Persons Property Tax | ||||||
8 | Relief and Pharmaceutical Assistance Act, under such | ||||||
9 | conditions as shall be prescribed by the Board. The Department | ||||||
10 | on Aging shall furnish all information reasonably necessary to | ||||||
11 | determine eligibility, including updated lists of individuals | ||||||
12 | who are eligible for services without charge under this | ||||||
13 | Section. Nothing in this Section shall relieve the Board from | ||||||
14 | providing reduced fares as may be required by federal law. | ||||||
15 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
16 | (70 ILCS 3605/52) | ||||||
17 | Sec. 52. Transit services for disabled individuals. | ||||||
18 | Notwithstanding any law to the contrary, no later than 60 days | ||||||
19 | following the effective date of this amendatory Act of the 95th | ||||||
20 | General Assembly, all fixed route public transportation | ||||||
21 | services provided by, or under grant or purchase of service | ||||||
22 | contract of, the Board shall be provided without charge to all | ||||||
23 | disabled persons who meet the income eligibility limitation set | ||||||
24 | forth in subsection (a-5) of Section 4 of the Senior Citizens | ||||||
25 | and Disabled Persons Property Tax Relief and Pharmaceutical |
| |||||||
| |||||||
1 | Assistance Act, under such procedures as shall be prescribed by | ||||||
2 | the Board. The Department on Aging shall furnish all | ||||||
3 | information reasonably necessary to determine eligibility, | ||||||
4 | including updated lists of individuals who are eligible for | ||||||
5 | services without charge under this Section.
| ||||||
6 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
7 | Section 30. The Local Mass Transit District Act is amended | ||||||
8 | by changing Sections 8.6 and 8.7 as follows:
| ||||||
9 | (70 ILCS 3610/8.6) | ||||||
10 | Sec. 8.6. Free services; eligibility. | ||||||
11 | (a) Notwithstanding any law to the contrary, no later than | ||||||
12 | 60 days following the effective date of this amendatory Act of | ||||||
13 | the 95th General Assembly and until subsection (b) is | ||||||
14 | implemented, any fixed route public transportation services | ||||||
15 | provided by, or under grant or purchase of service contracts | ||||||
16 | of, every District shall be provided without charge to all | ||||||
17 | senior citizens of the District aged 65 and older, under such | ||||||
18 | conditions as shall be prescribed by the District.
| ||||||
19 | (b) Notwithstanding any law to the contrary, no later than | ||||||
20 | 180 days following the effective date of this amendatory Act of | ||||||
21 | the 96th General Assembly, any fixed route public | ||||||
22 | transportation services provided by, or under grant or purchase | ||||||
23 | of service contracts of, every District shall be provided | ||||||
24 | without charge to senior citizens aged 65 and older who meet |
| |||||||
| |||||||
1 | the income eligibility limitation set forth in subsection (a-5) | ||||||
2 | of Section 4 of the Senior Citizens and Disabled Persons | ||||||
3 | Property Tax Relief and Pharmaceutical Assistance Act, under | ||||||
4 | such conditions as shall be prescribed by the District. The | ||||||
5 | Department on Aging shall furnish all information reasonably | ||||||
6 | necessary to determine eligibility, including updated lists of | ||||||
7 | individuals who are eligible for services without charge under | ||||||
8 | this Section. Nothing in this Section shall relieve the | ||||||
9 | District from providing reduced fares as may be required by | ||||||
10 | federal law. | ||||||
11 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
12 | (70 ILCS 3610/8.7) | ||||||
13 | Sec. 8.7. Transit services for disabled individuals. | ||||||
14 | Notwithstanding any law to the contrary, no later than 60 days | ||||||
15 | following the effective date of this amendatory Act of the 95th | ||||||
16 | General Assembly, all fixed route public transportation | ||||||
17 | services provided by, or under grant or purchase of service | ||||||
18 | contract of, any District shall be provided without charge to | ||||||
19 | all disabled persons who meet the income eligibility limitation | ||||||
20 | set forth in subsection (a-5) of Section 4 of the Senior | ||||||
21 | Citizens and Disabled Persons Property Tax Relief and | ||||||
22 | Pharmaceutical Assistance Act, under such procedures as shall | ||||||
23 | be prescribed by the District. The Department on Aging shall | ||||||
24 | furnish all information reasonably necessary to determine | ||||||
25 | eligibility, including updated lists of individuals who are |
| |||||||
| |||||||
1 | eligible for services without charge under this Section.
| ||||||
2 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
3 | Section 31. The Regional Transportation Authority Act is | ||||||
4 | amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as | ||||||
5 | follows:
| ||||||
6 | (70 ILCS 3615/3A.15) | ||||||
7 | Sec. 3A.15. Free services; eligibility. | ||||||
8 | (a) Notwithstanding any law to the contrary, no later than | ||||||
9 | 60 days following the effective date of this amendatory Act of | ||||||
10 | the 95th General Assembly and until subsection (b) is | ||||||
11 | implemented, any fixed route public transportation services | ||||||
12 | provided by, or under grant or purchase of service contracts | ||||||
13 | of, the Suburban Bus Board shall be provided without charge to | ||||||
14 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
15 | older, under such conditions as shall be prescribed by the | ||||||
16 | Suburban Bus Board. | ||||||
17 | (b) Notwithstanding any law to the contrary, no later than | ||||||
18 | 180 days following the effective date of this amendatory Act of | ||||||
19 | the 96th General Assembly, any fixed route public | ||||||
20 | transportation services provided by, or under grant or purchase | ||||||
21 | of service contracts of, the Suburban Bus Board shall be | ||||||
22 | provided without charge to senior citizens aged 65 and older | ||||||
23 | who meet the income eligibility limitation set forth in | ||||||
24 | subsection (a-5) of Section 4 of the Senior Citizens and |
| |||||||
| |||||||
1 | Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
2 | Assistance Act, under such conditions as shall be prescribed by | ||||||
3 | the Suburban Bus Board. The Department on Aging shall furnish | ||||||
4 | all information reasonably necessary to determine eligibility, | ||||||
5 | including updated lists of individuals who are eligible for | ||||||
6 | services without charge under this Section. Nothing in this | ||||||
7 | Section shall relieve the Suburban Bus Board from providing | ||||||
8 | reduced fares as may be required by federal law.
| ||||||
9 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
10 | (70 ILCS 3615/3A.16) | ||||||
11 | Sec. 3A.16. Transit services for disabled individuals. | ||||||
12 | Notwithstanding any law to the contrary, no later than 60 days | ||||||
13 | following the effective date of this amendatory Act of the 95th | ||||||
14 | General Assembly, all fixed route public transportation | ||||||
15 | services provided by, or under grant or purchase of service | ||||||
16 | contract of, the Suburban Bus Board shall be provided without | ||||||
17 | charge to all disabled persons who meet the income eligibility | ||||||
18 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
19 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
20 | Pharmaceutical Assistance Act, under such procedures as shall | ||||||
21 | be prescribed by the Board. The Department on Aging shall | ||||||
22 | furnish all information reasonably necessary to determine | ||||||
23 | eligibility, including updated lists of individuals who are | ||||||
24 | eligible for services without charge under this Section.
| ||||||
25 | (Source: P.A. 97-689, eff. 6-14-12.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/3B.14) | ||||||
2 | Sec. 3B.14. Free services; eligibility. | ||||||
3 | (a) Notwithstanding any law to the contrary, no later than | ||||||
4 | 60 days following the effective date of this amendatory Act of | ||||||
5 | the 95th General Assembly and until subsection (b) is | ||||||
6 | implemented, any fixed route public transportation services | ||||||
7 | provided by, or under grant or purchase of service contracts | ||||||
8 | of, the Commuter Rail Board shall be provided without charge to | ||||||
9 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
10 | older, under such conditions as shall be prescribed by the | ||||||
11 | Commuter Rail Board. | ||||||
12 | (b) Notwithstanding any law to the contrary, no later than | ||||||
13 | 180 days following the effective date of this amendatory Act of | ||||||
14 | the 96th General Assembly, any fixed route public | ||||||
15 | transportation services provided by, or under grant or purchase | ||||||
16 | of service contracts of, the Commuter Rail Board shall be | ||||||
17 | provided without charge to senior citizens aged 65 and older | ||||||
18 | who meet the income eligibility limitation set forth in | ||||||
19 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
20 | Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
21 | Assistance Act, under such conditions as shall be prescribed by | ||||||
22 | the Commuter Rail Board. The Department on Aging shall furnish | ||||||
23 | all information reasonably necessary to determine eligibility, | ||||||
24 | including updated lists of individuals who are eligible for | ||||||
25 | services without charge under this Section. Nothing in this |
| |||||||
| |||||||
1 | Section shall relieve the Commuter Rail Board from providing | ||||||
2 | reduced fares as may be required by federal law.
| ||||||
3 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
4 | (70 ILCS 3615/3B.15) | ||||||
5 | Sec. 3B.15. Transit services for disabled individuals. | ||||||
6 | Notwithstanding any law to the contrary, no later than 60 days | ||||||
7 | following the effective date of this amendatory Act of the 95th | ||||||
8 | General Assembly, all fixed route public transportation | ||||||
9 | services provided by, or under grant or purchase of service | ||||||
10 | contract of, the Commuter Rail Board shall be provided without | ||||||
11 | charge to all disabled persons who meet the income eligibility | ||||||
12 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
13 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
14 | Pharmaceutical Assistance Act, under such procedures as shall | ||||||
15 | be prescribed by the Board. The Department on Aging shall | ||||||
16 | furnish all information reasonably necessary to determine | ||||||
17 | eligibility, including updated lists of individuals who are | ||||||
18 | eligible for services without charge under this Section.
| ||||||
19 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
20 | Section 32. The Senior Citizen Courses Act is amended by | ||||||
21 | changing Section 1 as follows:
| ||||||
22 | (110 ILCS 990/1) (from Ch. 144, par. 1801)
| ||||||
23 | Sec. 1. Definitions. For the purposes of this Act:
|
| |||||||
| |||||||
1 | (a) "Public institutions of higher education" means the | ||||||
2 | University of
Illinois, Southern Illinois University,
Chicago | ||||||
3 | State University, Eastern Illinois University, Governors State
| ||||||
4 | University, Illinois State University, Northeastern Illinois | ||||||
5 | University,
Northern Illinois University, Western Illinois | ||||||
6 | University, and
the public community colleges subject to the | ||||||
7 | "Public Community College Act".
| ||||||
8 | (b) "Credit Course" means any program of study for which | ||||||
9 | public
institutions of higher education award credit hours.
| ||||||
10 | (c) "Senior citizen" means any person 65 years or older | ||||||
11 | whose annual
household income is less than the threshold amount | ||||||
12 | provided in Section 4 of
the "Senior Citizens and Disabled | ||||||
13 | Persons Property Tax Relief and Pharmaceutical Assistance | ||||||
14 | Act", approved July 17, 1972, as amended.
| ||||||
15 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
16 | Section 33. The Citizens Utility Board Act is amended by | ||||||
17 | changing Section 9 as follows:
| ||||||
18 | (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
| ||||||
19 | Sec. 9. Mailing procedure.
| ||||||
20 | (1) As used in this Section:
| ||||||
21 | (a) "Enclosure" means a card, leaflet, envelope or | ||||||
22 | combination thereof
furnished by the corporation under | ||||||
23 | this Section.
| ||||||
24 | (b) "Mailing" means any communication by a State |
| |||||||
| |||||||
1 | agency, other than
a mailing made under the Senior Citizens | ||||||
2 | and
Disabled Persons Property Tax Relief and | ||||||
3 | Pharmaceutical Assistance Act,
that is sent through the | ||||||
4 | United States Postal Service to more than 50,000
persons | ||||||
5 | within a 12-month period.
| ||||||
6 | (c) "State agency" means any officer, department, | ||||||
7 | board, commission,
institution or entity of the executive | ||||||
8 | or legislative
branches of State government.
| ||||||
9 | (2) To accomplish its powers and duties under Section 5 | ||||||
10 | this Act, the
corporation, subject to the following | ||||||
11 | limitations, may prepare and furnish
to any State agency an | ||||||
12 | enclosure to be included with a mailing by that agency.
| ||||||
13 | (a) A State agency furnished with an enclosure shall | ||||||
14 | include the
enclosure within the mailing designated by the | ||||||
15 | corporation.
| ||||||
16 | (b) An enclosure furnished by the corporation under | ||||||
17 | this Section shall
be provided to the State agency a | ||||||
18 | reasonable period of time in advance of
the mailing.
| ||||||
19 | (c) An enclosure furnished by the corporation under | ||||||
20 | this Section shall be
limited to informing the reader of | ||||||
21 | the purpose, nature and activities of the
corporation as | ||||||
22 | set forth in this Act and informing the reader that it may
| ||||||
23 | become a member in the corporation, maintain membership in | ||||||
24 | the corporation
and contribute money to the corporation | ||||||
25 | directly.
| ||||||
26 | (d) Prior to furnishing an enclosure to the State |
| |||||||
| |||||||
1 | agency, the
corporation shall seek and obtain approval of | ||||||
2 | the content of the enclosure
from the Illinois Commerce | ||||||
3 | Commission. The Commission shall approve the
enclosure if | ||||||
4 | it determines that the enclosure (i) is not false or
| ||||||
5 | misleading and (ii) satisfies the requirements of this Act. | ||||||
6 | The Commission
shall be deemed to have approved the | ||||||
7 | enclosure unless it disapproves the
enclosure within 14 | ||||||
8 | days from the date of receipt.
| ||||||
9 | (3) The corporation shall reimburse each State agency for | ||||||
10 | all reasonable
incremental costs incurred by the State agency | ||||||
11 | in complying with this
Section above the agency's normal | ||||||
12 | mailing and handling costs, provided that:
| ||||||
13 | (a) The State agency shall first furnish the | ||||||
14 | corporation with an
itemized accounting of such additional | ||||||
15 | cost; and
| ||||||
16 | (b) The corporation shall not be required to reimburse | ||||||
17 | the State agency
for postage costs if the weight of the | ||||||
18 | corporation's enclosure does not
exceed .35 ounce | ||||||
19 | avoirdupois. If the corporation's enclosure exceeds that
| ||||||
20 | weight, then it shall only be required to reimburse the | ||||||
21 | State agency for
postage cost over and above what the | ||||||
22 | agency's postage cost would have been
had the enclosure | ||||||
23 | weighed only .35 ounce avoirdupois.
| ||||||
24 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
25 | Section 35. The Illinois Public Aid Code is amended by |
| |||||||
| |||||||
1 | changing Sections 3-1.2, 3-5, 4-1.6, 4-2, 5-2, 5-4, 5A-8, | ||||||
2 | 6-1.2, 6-2, and 12-9 as follows:
| ||||||
3 | (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
| ||||||
4 | Sec. 3-1.2. Need. Income available to the person, when | ||||||
5 | added to
contributions in money, substance, or services from | ||||||
6 | other sources,
including contributions from legally | ||||||
7 | responsible relatives, must be
insufficient to equal the grant | ||||||
8 | amount established by Department regulation
for such person.
| ||||||
9 | In determining earned income to be taken into account, | ||||||
10 | consideration
shall be given to any expenses reasonably | ||||||
11 | attributable to the earning of
such income. If federal law or | ||||||
12 | regulations permit or require exemption
of earned or other | ||||||
13 | income and resources, the Illinois Department shall
provide by | ||||||
14 | rule and regulation that the amount of income to be
disregarded | ||||||
15 | be increased (1) to the maximum extent so required and (2)
to | ||||||
16 | the maximum extent permitted by federal law or regulation in | ||||||
17 | effect
as of the date this Amendatory Act becomes law. The | ||||||
18 | Illinois Department
may also provide by rule and regulation | ||||||
19 | that the amount of resources to
be disregarded be increased to | ||||||
20 | the maximum extent so permitted or required. Subject to federal | ||||||
21 | approval, resources (for example, land, buildings, equipment, | ||||||
22 | supplies, or tools), including farmland property and personal | ||||||
23 | property used in the income-producing operations related to the | ||||||
24 | farmland (for example, equipment and supplies, motor vehicles, | ||||||
25 | or tools), necessary for self-support, up to $6,000 of the |
| |||||||
| |||||||
1 | person's equity in the income-producing property, provided | ||||||
2 | that the property produces a net annual income of at least 6% | ||||||
3 | of the excluded equity value of the property, are exempt. | ||||||
4 | Equity value in excess of $6,000 shall not be excluded if the | ||||||
5 | activity produces income that is less than 6% of the exempt | ||||||
6 | equity due to reasons beyond the person's control (for example, | ||||||
7 | the person's illness or crop failure) and there is a reasonable | ||||||
8 | expectation that the property will again produce income equal | ||||||
9 | to or greater than 6% of the equity value (for example, a | ||||||
10 | medical prognosis that the person is expected to respond to | ||||||
11 | treatment or that drought-resistant corn will be planted). If | ||||||
12 | the person owns more than one piece of property and each | ||||||
13 | produces income, each piece of property shall be looked at to | ||||||
14 | determine whether the 6% rule is met, and then the amounts of | ||||||
15 | the person's equity in all of those properties shall be totaled | ||||||
16 | to determine whether the total equity is $6,000 or less. The | ||||||
17 | total equity value of all properties that is exempt shall be | ||||||
18 | limited to $6,000.
| ||||||
19 | In determining the resources of an individual or any | ||||||
20 | dependents, the
Department shall exclude from consideration | ||||||
21 | the value of funeral and burial
spaces, funeral and
burial | ||||||
22 | insurance the proceeds of which can only be used to pay the | ||||||
23 | funeral
and burial expenses of the insured and funds | ||||||
24 | specifically set aside for the
funeral and burial arrangements | ||||||
25 | of the individual or his or her dependents,
including prepaid | ||||||
26 | funeral and burial plans, to the same extent that such
items |
| |||||||
| |||||||
1 | are excluded from consideration under the federal Supplemental
| ||||||
2 | Security Income program (SSI). | ||||||
3 | Prepaid funeral or burial contracts are exempt to the | ||||||
4 | following extent:
| ||||||
5 | (1) Funds in a revocable prepaid funeral or burial | ||||||
6 | contract are exempt up to $1,500, except that any portion | ||||||
7 | of a contract that clearly represents the purchase of | ||||||
8 | burial space, as that term is defined for purposes of the | ||||||
9 | Supplemental Security Income program, is exempt regardless | ||||||
10 | of value. | ||||||
11 | (2) Funds in an irrevocable prepaid funeral or burial | ||||||
12 | contract are exempt up to $5,874, except that any portion | ||||||
13 | of a contract that clearly represents the purchase of | ||||||
14 | burial space, as that term is defined for purposes of the | ||||||
15 | Supplemental Security Income program, is exempt regardless | ||||||
16 | of value. This amount shall be adjusted annually for any | ||||||
17 | increase in the Consumer Price Index. The amount exempted | ||||||
18 | shall be limited to the price of the funeral goods and | ||||||
19 | services to be provided upon death. The contract must | ||||||
20 | provide a complete description of the funeral goods and | ||||||
21 | services to be provided and the price thereof. Any amount | ||||||
22 | in the contract not so specified shall be treated as a | ||||||
23 | transfer of assets for less than fair market value. | ||||||
24 | (3) A prepaid, guaranteed-price funeral or burial | ||||||
25 | contract, funded by an irrevocable assignment of a person's | ||||||
26 | life insurance policy to a trust, is exempt. The amount |
| |||||||
| |||||||
1 | exempted shall be limited to the amount of the insurance | ||||||
2 | benefit designated for the cost of the funeral goods and | ||||||
3 | services to be provided upon the person's death. The | ||||||
4 | contract must provide a complete description of the funeral | ||||||
5 | goods and services to be provided and the price thereof. | ||||||
6 | Any amount in the contract not so specified shall be | ||||||
7 | treated as a transfer of assets for less than fair market | ||||||
8 | value. The trust must include a statement that, upon the | ||||||
9 | death of the person, the State will receive all amounts | ||||||
10 | remaining in the trust, including any remaining payable | ||||||
11 | proceeds under the insurance policy up to an amount equal | ||||||
12 | to the total medical assistance paid on behalf of the | ||||||
13 | person. The trust is responsible for ensuring that the | ||||||
14 | provider of funeral services under the contract receives | ||||||
15 | the proceeds of the policy when it provides the funeral | ||||||
16 | goods and services specified under the contract. The | ||||||
17 | irrevocable assignment of ownership of the insurance | ||||||
18 | policy must be acknowledged by the insurance company. | ||||||
19 | Notwithstanding any other provision of this Code to the | ||||||
20 | contrary, an irrevocable trust containing the resources of a | ||||||
21 | person who is determined to have a disability shall be | ||||||
22 | considered exempt from consideration. Such trust must be | ||||||
23 | established and managed by a non-profit association that pools | ||||||
24 | funds but maintains a separate account for each beneficiary. | ||||||
25 | The trust may be established by the person, a parent, | ||||||
26 | grandparent, legal guardian, or court. It must be established |
| |||||||
| |||||||
1 | for the sole benefit of the person and language contained in | ||||||
2 | the trust shall stipulate that any amount remaining in the | ||||||
3 | trust (up to the amount expended by the Department on medical | ||||||
4 | assistance) that is not retained by the trust for reasonable | ||||||
5 | administrative costs related to wrapping up the affairs of the | ||||||
6 | subaccount shall be paid to the Department upon the death of | ||||||
7 | the person. After a person reaches age 65, any funding by or on | ||||||
8 | behalf of the person to the trust shall be treated as a | ||||||
9 | transfer of assets for less than fair market value unless the | ||||||
10 | person is a ward of a county public guardian or the State | ||||||
11 | guardian pursuant to Section 13-5 of the Probate Act of 1975 or | ||||||
12 | Section 30 of the Guardianship and Advocacy Act and lives in | ||||||
13 | the community, or the person is a ward of a county public | ||||||
14 | guardian or the State guardian pursuant to Section 13-5 of the | ||||||
15 | Probate Act of 1975 or Section 30 of the Guardianship and | ||||||
16 | Advocacy Act and a court has found that any expenditures from | ||||||
17 | the trust will maintain or enhance the person's quality of | ||||||
18 | life. If the trust contains proceeds from a personal injury | ||||||
19 | settlement, any Department charge must be satisfied in order | ||||||
20 | for the transfer to the trust to be treated as a transfer for | ||||||
21 | fair market value. | ||||||
22 | The homestead shall be exempt from consideration except to | ||||||
23 | the extent
that it meets the income and shelter needs of the | ||||||
24 | person. "Homestead"
means the dwelling house and contiguous | ||||||
25 | real estate owned and occupied
by the person, regardless of its | ||||||
26 | value. Subject to federal approval, a person shall not be |
| |||||||
| |||||||
1 | eligible for long-term care services, however, if the person's | ||||||
2 | equity interest in his or her homestead exceeds the minimum | ||||||
3 | home equity as allowed and increased annually under federal | ||||||
4 | law. Subject to federal approval, on and after the effective | ||||||
5 | date of this amendatory Act of the 97th General Assembly, | ||||||
6 | homestead property transferred to a trust shall no longer be | ||||||
7 | considered homestead property.
| ||||||
8 | Occasional or irregular gifts in cash, goods or services | ||||||
9 | from persons
who are not legally responsible relatives which | ||||||
10 | are of nominal value or
which do not have significant effect in | ||||||
11 | meeting essential requirements
shall be disregarded. The | ||||||
12 | eligibility of any applicant for or recipient
of public aid | ||||||
13 | under this Article is not affected by the payment of any
grant | ||||||
14 | under the "Senior Citizens and Disabled Persons Property Tax
| ||||||
15 | Relief and Pharmaceutical Assistance Act" or any distributions | ||||||
16 | or items of
income described under subparagraph (X) of | ||||||
17 | paragraph (2) of subsection (a) of
Section 203 of the Illinois | ||||||
18 | Income Tax Act.
| ||||||
19 | The Illinois Department may, after appropriate | ||||||
20 | investigation, establish
and implement a consolidated standard | ||||||
21 | to determine need and eligibility
for and amount of benefits | ||||||
22 | under this Article or a uniform cash supplement
to the federal | ||||||
23 | Supplemental Security Income program for all or any part
of the | ||||||
24 | then current recipients under this Article; provided, however, | ||||||
25 | that
the establishment or implementation of such a standard or | ||||||
26 | supplement shall
not result in reductions in benefits under |
| |||||||
| |||||||
1 | this Article for the then current
recipients of such benefits.
| ||||||
2 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
3 | (305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
| ||||||
4 | Sec. 3-5. Amount of aid. The amount and nature of financial | ||||||
5 | aid granted
to or in behalf of aged, blind, or disabled persons | ||||||
6 | shall be determined
in accordance with the standards, grant | ||||||
7 | amounts, rules and regulations of
the Illinois Department. Due | ||||||
8 | regard shall be given to the requirements
and conditions | ||||||
9 | existing in each case, and to the amount of property
owned and | ||||||
10 | the income, money contributions, and other support, and
| ||||||
11 | resources received or obtainable by the person, from whatever | ||||||
12 | source.
However, the amount and nature of any financial aid is | ||||||
13 | not affected by
the payment of any grant under the "Senior | ||||||
14 | Citizens and Disabled Persons
Property Tax Relief and | ||||||
15 | Pharmaceutical Assistance Act" or any distributions
or items of | ||||||
16 | income described under subparagraph (X) of paragraph (2) of
| ||||||
17 | subsection (a) of Section 203 of the Illinois Income Tax Act. | ||||||
18 | The aid shall
be sufficient, when added to all other income, | ||||||
19 | money contributions and
support, to provide the person with a | ||||||
20 | grant in the amount established by
Department regulation for | ||||||
21 | such a person, based upon standards providing a
livelihood | ||||||
22 | compatible with health and well-being. Financial aid under this | ||||||
23 | Article granted to persons who have been found ineligible for | ||||||
24 | Supplemental Security Income (SSI) due to expiration of the | ||||||
25 | period of eligibility for refugees and asylees pursuant to 8 |
| |||||||
| |||||||
1 | U.S.C. 1612(a)(2) shall not exceed $500 per month.
| ||||||
2 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
3 | (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
| ||||||
4 | Sec. 4-1.6. Need. Income available to the family as defined | ||||||
5 | by the
Illinois Department by rule, or to the child
in the case | ||||||
6 | of a child removed from his or her home, when added to
| ||||||
7 | contributions in money, substance or services from other | ||||||
8 | sources,
including income available from parents absent from | ||||||
9 | the home or from a
stepparent, contributions made for the | ||||||
10 | benefit of the parent or other
persons necessary to provide | ||||||
11 | care and supervision to the child, and
contributions from | ||||||
12 | legally responsible relatives, must be equal to or less than | ||||||
13 | the grant amount established by Department regulation for such
| ||||||
14 | a person. For purposes of eligibility for aid under this | ||||||
15 | Article, the Department shall disregard all earned income | ||||||
16 | between the grant amount and 50% of the Federal Poverty Level.
| ||||||
17 | In considering income to be taken into account, | ||||||
18 | consideration shall
be given to any expenses reasonably | ||||||
19 | attributable to the earning of such
income. Three-fourths of | ||||||
20 | the earned income of a household eligible for aid under this | ||||||
21 | Article shall be disregarded when determining the level of | ||||||
22 | assistance for which a household is eligible. The Illinois | ||||||
23 | Department may also permit all or any
portion of earned or | ||||||
24 | other income to be set aside for the future
identifiable needs | ||||||
25 | of a child. The Illinois Department
may provide by rule and |
| |||||||
| |||||||
1 | regulation for the exemptions thus permitted or
required. The | ||||||
2 | eligibility of any applicant for or recipient of public
aid | ||||||
3 | under this Article is not affected by the payment of any grant | ||||||
4 | under
the "Senior Citizens and Disabled Persons Property Tax | ||||||
5 | Relief and Pharmaceutical Assistance Act" or any distributions | ||||||
6 | or items of income
described under subparagraph (X) of
| ||||||
7 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
8 | Income Tax
Act.
| ||||||
9 | The Illinois Department may, by rule, set forth criteria | ||||||
10 | under which an
assistance unit is ineligible for cash | ||||||
11 | assistance under this Article for a
specified number of months | ||||||
12 | due to the receipt of a lump sum payment.
| ||||||
13 | (Source: P.A. 96-866, eff. 7-1-10; 97-689, eff. 6-14-12.)
| ||||||
14 | (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| ||||||
15 | Sec. 4-2. Amount of aid.
| ||||||
16 | (a) The amount and nature of financial aid shall be | ||||||
17 | determined in accordance
with the grant amounts, rules and | ||||||
18 | regulations of the Illinois Department. Due
regard shall be | ||||||
19 | given to the self-sufficiency requirements of the family and to
| ||||||
20 | the income, money contributions and other support and resources | ||||||
21 | available, from
whatever source. However, the amount and nature | ||||||
22 | of any financial aid is not
affected by the payment of any | ||||||
23 | grant under the "Senior Citizens and Disabled
Persons Property | ||||||
24 | Tax Relief and Pharmaceutical Assistance Act" or any
| ||||||
25 | distributions or items of income described under subparagraph |
| |||||||
| |||||||
1 | (X) of paragraph
(2) of subsection (a) of Section 203 of the | ||||||
2 | Illinois Income Tax Act. The aid
shall be sufficient, when | ||||||
3 | added to all other income, money contributions and
support to | ||||||
4 | provide the family with a grant in the amount established by
| ||||||
5 | Department regulation.
| ||||||
6 | Subject to appropriation, beginning on July 1, 2008, the | ||||||
7 | Department of Human Services shall increase TANF grant amounts | ||||||
8 | in effect on June 30, 2008 by 15%. The Department is authorized | ||||||
9 | to administer this increase but may not otherwise adopt any | ||||||
10 | rule to implement this increase. | ||||||
11 | (b) The Illinois Department may conduct special projects, | ||||||
12 | which may be
known as Grant Diversion Projects, under which | ||||||
13 | recipients of financial aid
under this Article are placed in | ||||||
14 | jobs and their grants are diverted to the
employer who in turn | ||||||
15 | makes payments to the recipients in the form of salary
or other | ||||||
16 | employment benefits. The Illinois Department shall by rule | ||||||
17 | specify
the terms and conditions of such Grant Diversion | ||||||
18 | Projects. Such projects
shall take into consideration and be | ||||||
19 | coordinated with the programs
administered under the Illinois | ||||||
20 | Emergency Employment Development Act.
| ||||||
21 | (c) The amount and nature of the financial aid for a child | ||||||
22 | requiring
care outside his own home shall be determined in | ||||||
23 | accordance with the rules
and regulations of the Illinois | ||||||
24 | Department, with due regard to the needs
and requirements of | ||||||
25 | the child in the foster home or institution in which
he has | ||||||
26 | been placed.
|
| |||||||
| |||||||
1 | (d) If the Department establishes grants for family units | ||||||
2 | consisting
exclusively of a pregnant woman with no dependent | ||||||
3 | child or including her
husband if living with her, the grant | ||||||
4 | amount for such a unit
shall be equal to the grant amount for | ||||||
5 | an assistance unit consisting of one
adult, or 2 persons if the | ||||||
6 | husband is included. Other than as herein
described, an unborn | ||||||
7 | child shall not be counted
in determining the size of an | ||||||
8 | assistance unit or for calculating grants.
| ||||||
9 | Payments for basic maintenance requirements of a child or | ||||||
10 | children
and the relative with whom the child or children are | ||||||
11 | living shall be
prescribed, by rule, by the Illinois | ||||||
12 | Department.
| ||||||
13 | Grants under this Article shall not be supplemented by | ||||||
14 | General
Assistance provided under Article VI.
| ||||||
15 | (e) Grants shall be paid to the parent or other person with | ||||||
16 | whom the
child or children are living, except for such amount | ||||||
17 | as is paid in
behalf of the child or his parent or other | ||||||
18 | relative to other persons or
agencies pursuant to this Code or | ||||||
19 | the rules and regulations of the
Illinois Department.
| ||||||
20 | (f) Subject to subsection (f-5), an assistance unit, | ||||||
21 | receiving
financial
aid under this Article or
temporarily | ||||||
22 | ineligible to receive aid under this Article under a penalty
| ||||||
23 | imposed by the Illinois Department for failure to comply with | ||||||
24 | the eligibility
requirements or that voluntarily requests | ||||||
25 | termination of financial assistance
under this Article and | ||||||
26 | becomes subsequently eligible for assistance within 9
months, |
| |||||||
| |||||||
1 | shall not receive any increase in the amount of aid solely on | ||||||
2 | account
of the birth of a child; except that an increase is not | ||||||
3 | prohibited when the
birth is (i) of a child of a pregnant woman
| ||||||
4 | who became eligible for aid under this Article during the | ||||||
5 | pregnancy,
or (ii) of a child born within 10 months after the | ||||||
6 | date of implementation of
this subsection, or (iii) of a child | ||||||
7 | conceived after a family became
ineligible for assistance due | ||||||
8 | to income or marriage and at least 3 months of
ineligibility | ||||||
9 | expired before any reapplication for assistance. This | ||||||
10 | subsection
does not, however, prevent a unit from receiving a | ||||||
11 | general increase in the
amount of aid that is provided to all | ||||||
12 | recipients of aid under this Article.
| ||||||
13 | The Illinois Department is authorized to transfer funds, | ||||||
14 | and shall use any
budgetary savings attributable to not | ||||||
15 | increasing the grants due to the births
of additional children, | ||||||
16 | to supplement existing funding for employment and
training | ||||||
17 | services for recipients of aid under this Article IV. The | ||||||
18 | Illinois
Department shall target, to the extent the | ||||||
19 | supplemental funding allows,
employment and training services | ||||||
20 | to the families who do not receive a grant
increase after the | ||||||
21 | birth of a child. In addition, the Illinois Department
shall | ||||||
22 | provide, to the extent the supplemental funding allows, such | ||||||
23 | families
with up to 24 months of transitional child care | ||||||
24 | pursuant to Illinois Department
rules. All remaining | ||||||
25 | supplemental funds shall be used for employment and
training | ||||||
26 | services or transitional child care support.
|
| |||||||
| |||||||
1 | In making the transfers authorized by this subsection, the | ||||||
2 | Illinois
Department shall first determine, pursuant to | ||||||
3 | regulations adopted by the
Illinois Department for this | ||||||
4 | purpose, the amount of savings attributable to
not increasing | ||||||
5 | the grants due to the births of additional children. Transfers
| ||||||
6 | may be made from General Revenue Fund appropriations for | ||||||
7 | distributive purposes
authorized by Article IV of this Code | ||||||
8 | only to General Revenue Fund
appropriations for employability | ||||||
9 | development services including operating
and administrative | ||||||
10 | costs and related distributive purposes under Article
IXA of | ||||||
11 | this Code. The Director, with the approval of the Governor, | ||||||
12 | shall
certify the amount and affected line item appropriations | ||||||
13 | to the State
Comptroller.
| ||||||
14 | Nothing in this subsection shall be construed to prohibit | ||||||
15 | the Illinois
Department from using funds under this Article IV | ||||||
16 | to provide
assistance in the form of vouchers
that may be used | ||||||
17 | to pay for goods and services deemed by the Illinois
| ||||||
18 | Department, by rule, as suitable for the care of the child such | ||||||
19 | as diapers,
clothing, school supplies, and cribs.
| ||||||
20 | (f-5) Subsection (f) shall not apply to affect the monthly | ||||||
21 | assistance
amount of
any family as a result of the birth of a | ||||||
22 | child on or after January 1, 2004.
As resources permit after | ||||||
23 | January 1, 2004, the Department may
cease applying subsection | ||||||
24 | (f) to limit assistance to families receiving
assistance under | ||||||
25 | this Article on January 1, 2004, with respect to children
born | ||||||
26 | prior to that date. In any event, subsection (f) shall be |
| |||||||
| |||||||
1 | completely
inoperative on and after July 1, 2007.
| ||||||
2 | (g) (Blank).
| ||||||
3 | (h) Notwithstanding any other provision of this Code, the | ||||||
4 | Illinois
Department is authorized to reduce payment levels used | ||||||
5 | to determine cash grants
under this Article after December 31 | ||||||
6 | of any fiscal year if the Illinois
Department determines that | ||||||
7 | the caseload upon which the appropriations for the
current | ||||||
8 | fiscal year are based have increased by more than 5% and the
| ||||||
9 | appropriation is not sufficient to ensure that
cash benefits | ||||||
10 | under this Article do not exceed the amounts appropriated for
| ||||||
11 | those cash benefits. Reductions in payment levels may be | ||||||
12 | accomplished by
emergency rule under Section 5-45 of the | ||||||
13 | Illinois Administrative Procedure Act,
except that the | ||||||
14 | limitation on the number of emergency rules that may be adopted
| ||||||
15 | in a 24-month period shall not apply and the provisions of | ||||||
16 | Sections 5-115 and
5-125 of the Illinois Administrative | ||||||
17 | Procedure Act shall not apply.
Increases in payment levels | ||||||
18 | shall be accomplished only in accordance with
Section 5-40 of | ||||||
19 | the Illinois Administrative Procedure Act. Before any rule
to | ||||||
20 | increase payment levels
promulgated under this Section shall | ||||||
21 | become effective, a joint resolution
approving the rule must be | ||||||
22 | adopted by a roll call vote by a majority of the
members | ||||||
23 | elected to each chamber of the General Assembly.
| ||||||
24 | (Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
| ||||||
25 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
|
| |||||||
| |||||||
1 | Sec. 5-2. Classes of Persons Eligible. Medical assistance | ||||||
2 | under this
Article shall be available to any of the following | ||||||
3 | classes of persons in
respect to whom a plan for coverage has | ||||||
4 | been submitted to the Governor
by the Illinois Department and | ||||||
5 | approved by him:
| ||||||
6 | 1. Recipients of basic maintenance grants under | ||||||
7 | Articles III and IV.
| ||||||
8 | 2. Persons otherwise eligible for basic maintenance | ||||||
9 | under Articles
III and IV, excluding any eligibility | ||||||
10 | requirements that are inconsistent with any federal law or | ||||||
11 | federal regulation, as interpreted by the U.S. Department | ||||||
12 | of Health and Human Services, but who fail to qualify | ||||||
13 | thereunder on the basis of need or who qualify but are not | ||||||
14 | receiving basic maintenance under Article IV, and
who have | ||||||
15 | insufficient income and resources to meet the costs of
| ||||||
16 | necessary medical care, including but not limited to the | ||||||
17 | following:
| ||||||
18 | (a) All persons otherwise eligible for basic | ||||||
19 | maintenance under Article
III but who fail to qualify | ||||||
20 | under that Article on the basis of need and who
meet | ||||||
21 | either of the following requirements:
| ||||||
22 | (i) their income, as determined by the | ||||||
23 | Illinois Department in
accordance with any federal | ||||||
24 | requirements, is equal to or less than 70% in
| ||||||
25 | fiscal year 2001, equal to or less than 85% in | ||||||
26 | fiscal year 2002 and until
a date to be determined |
| |||||||
| |||||||
1 | by the Department by rule, and equal to or less
| ||||||
2 | than 100% beginning on the date determined by the | ||||||
3 | Department by rule, of the nonfarm income official | ||||||
4 | poverty
line, as defined by the federal Office of | ||||||
5 | Management and Budget and revised
annually in | ||||||
6 | accordance with Section 673(2) of the Omnibus | ||||||
7 | Budget Reconciliation
Act of 1981, applicable to | ||||||
8 | families of the same size; or
| ||||||
9 | (ii) their income, after the deduction of | ||||||
10 | costs incurred for medical
care and for other types | ||||||
11 | of remedial care, is equal to or less than 70% in
| ||||||
12 | fiscal year 2001, equal to or less than 85% in | ||||||
13 | fiscal year 2002 and until
a date to be determined | ||||||
14 | by the Department by rule, and equal to or less
| ||||||
15 | than 100% beginning on the date determined by the | ||||||
16 | Department by rule, of the nonfarm income official | ||||||
17 | poverty
line, as defined in item (i) of this | ||||||
18 | subparagraph (a).
| ||||||
19 | (b) All persons who, excluding any eligibility | ||||||
20 | requirements that are inconsistent with any federal | ||||||
21 | law or federal regulation, as interpreted by the U.S. | ||||||
22 | Department of Health and Human Services, would be | ||||||
23 | determined eligible for such basic
maintenance under | ||||||
24 | Article IV by disregarding the maximum earned income
| ||||||
25 | permitted by federal law.
| ||||||
26 | 3. Persons who would otherwise qualify for Aid to the |
| |||||||
| |||||||
1 | Medically
Indigent under Article VII.
| ||||||
2 | 4. Persons not eligible under any of the preceding | ||||||
3 | paragraphs who fall
sick, are injured, or die, not having | ||||||
4 | sufficient money, property or other
resources to meet the | ||||||
5 | costs of necessary medical care or funeral and burial
| ||||||
6 | expenses.
| ||||||
7 | 5.(a) Women during pregnancy, after the fact
of | ||||||
8 | pregnancy has been determined by medical diagnosis, and | ||||||
9 | during the
60-day period beginning on the last day of the | ||||||
10 | pregnancy, together with
their infants and children born | ||||||
11 | after September 30, 1983,
whose income and
resources are | ||||||
12 | insufficient to meet the costs of necessary medical care to
| ||||||
13 | the maximum extent possible under Title XIX of the
Federal | ||||||
14 | Social Security Act.
| ||||||
15 | (b) The Illinois Department and the Governor shall | ||||||
16 | provide a plan for
coverage of the persons eligible under | ||||||
17 | paragraph 5(a) by April 1, 1990. Such
plan shall provide | ||||||
18 | ambulatory prenatal care to pregnant women during a
| ||||||
19 | presumptive eligibility period and establish an income | ||||||
20 | eligibility standard
that is equal to 133%
of the nonfarm | ||||||
21 | income official poverty line, as defined by
the federal | ||||||
22 | Office of Management and Budget and revised annually in
| ||||||
23 | accordance with Section 673(2) of the Omnibus Budget | ||||||
24 | Reconciliation Act of
1981, applicable to families of the | ||||||
25 | same size, provided that costs incurred
for medical care | ||||||
26 | are not taken into account in determining such income
|
| |||||||
| |||||||
1 | eligibility.
| ||||||
2 | (c) The Illinois Department may conduct a | ||||||
3 | demonstration in at least one
county that will provide | ||||||
4 | medical assistance to pregnant women, together
with their | ||||||
5 | infants and children up to one year of age,
where the | ||||||
6 | income
eligibility standard is set up to 185% of the | ||||||
7 | nonfarm income official
poverty line, as defined by the | ||||||
8 | federal Office of Management and Budget.
The Illinois | ||||||
9 | Department shall seek and obtain necessary authorization
| ||||||
10 | provided under federal law to implement such a | ||||||
11 | demonstration. Such
demonstration may establish resource | ||||||
12 | standards that are not more
restrictive than those | ||||||
13 | established under Article IV of this Code.
| ||||||
14 | 6. Persons under the age of 18 who fail to qualify as | ||||||
15 | dependent under
Article IV and who have insufficient income | ||||||
16 | and resources to meet the costs
of necessary medical care | ||||||
17 | to the maximum extent permitted under Title XIX
of the | ||||||
18 | Federal Social Security Act.
| ||||||
19 | 7. (Blank).
| ||||||
20 | 8. Persons who become ineligible for basic maintenance | ||||||
21 | assistance
under Article IV of this Code in programs | ||||||
22 | administered by the Illinois
Department due to employment | ||||||
23 | earnings and persons in
assistance units comprised of | ||||||
24 | adults and children who become ineligible for
basic | ||||||
25 | maintenance assistance under Article VI of this Code due to
| ||||||
26 | employment earnings. The plan for coverage for this class |
| |||||||
| |||||||
1 | of persons shall:
| ||||||
2 | (a) extend the medical assistance coverage for up | ||||||
3 | to 12 months following
termination of basic | ||||||
4 | maintenance assistance; and
| ||||||
5 | (b) offer persons who have initially received 6 | ||||||
6 | months of the
coverage provided in paragraph (a) above, | ||||||
7 | the option of receiving an
additional 6 months of | ||||||
8 | coverage, subject to the following:
| ||||||
9 | (i) such coverage shall be pursuant to | ||||||
10 | provisions of the federal
Social Security Act;
| ||||||
11 | (ii) such coverage shall include all services | ||||||
12 | covered while the person
was eligible for basic | ||||||
13 | maintenance assistance;
| ||||||
14 | (iii) no premium shall be charged for such | ||||||
15 | coverage; and
| ||||||
16 | (iv) such coverage shall be suspended in the | ||||||
17 | event of a person's
failure without good cause to | ||||||
18 | file in a timely fashion reports required for
this | ||||||
19 | coverage under the Social Security Act and | ||||||
20 | coverage shall be reinstated
upon the filing of | ||||||
21 | such reports if the person remains otherwise | ||||||
22 | eligible.
| ||||||
23 | 9. Persons with acquired immunodeficiency syndrome | ||||||
24 | (AIDS) or with
AIDS-related conditions with respect to whom | ||||||
25 | there has been a determination
that but for home or | ||||||
26 | community-based services such individuals would
require |
| |||||||
| |||||||
1 | the level of care provided in an inpatient hospital, | ||||||
2 | skilled
nursing facility or intermediate care facility the | ||||||
3 | cost of which is
reimbursed under this Article. Assistance | ||||||
4 | shall be provided to such
persons to the maximum extent | ||||||
5 | permitted under Title
XIX of the Federal Social Security | ||||||
6 | Act.
| ||||||
7 | 10. Participants in the long-term care insurance | ||||||
8 | partnership program
established under the Illinois | ||||||
9 | Long-Term Care Partnership Program Act who meet the
| ||||||
10 | qualifications for protection of resources described in | ||||||
11 | Section 15 of that
Act.
| ||||||
12 | 11. Persons with disabilities who are employed and | ||||||
13 | eligible for Medicaid,
pursuant to Section | ||||||
14 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
15 | subject to federal approval, persons with a medically | ||||||
16 | improved disability who are employed and eligible for | ||||||
17 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
18 | the Social Security Act, as
provided by the Illinois | ||||||
19 | Department by rule. In establishing eligibility standards | ||||||
20 | under this paragraph 11, the Department shall, subject to | ||||||
21 | federal approval: | ||||||
22 | (a) set the income eligibility standard at not | ||||||
23 | lower than 350% of the federal poverty level; | ||||||
24 | (b) exempt retirement accounts that the person | ||||||
25 | cannot access without penalty before the age
of 59 1/2, | ||||||
26 | and medical savings accounts established pursuant to |
| |||||||
| |||||||
1 | 26 U.S.C. 220; | ||||||
2 | (c) allow non-exempt assets up to $25,000 as to | ||||||
3 | those assets accumulated during periods of eligibility | ||||||
4 | under this paragraph 11; and
| ||||||
5 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
6 | determining the eligibility of the person under this | ||||||
7 | Article even if the person loses eligibility under this | ||||||
8 | paragraph 11.
| ||||||
9 | 12. Subject to federal approval, persons who are | ||||||
10 | eligible for medical
assistance coverage under applicable | ||||||
11 | provisions of the federal Social Security
Act and the | ||||||
12 | federal Breast and Cervical Cancer Prevention and | ||||||
13 | Treatment Act of
2000. Those eligible persons are defined | ||||||
14 | to include, but not be limited to,
the following persons:
| ||||||
15 | (1) persons who have been screened for breast or | ||||||
16 | cervical cancer under
the U.S. Centers for Disease | ||||||
17 | Control and Prevention Breast and Cervical Cancer
| ||||||
18 | Program established under Title XV of the federal | ||||||
19 | Public Health Services Act in
accordance with the | ||||||
20 | requirements of Section 1504 of that Act as | ||||||
21 | administered by
the Illinois Department of Public | ||||||
22 | Health; and
| ||||||
23 | (2) persons whose screenings under the above | ||||||
24 | program were funded in whole
or in part by funds | ||||||
25 | appropriated to the Illinois Department of Public | ||||||
26 | Health
for breast or cervical cancer screening.
|
| |||||||
| |||||||
1 | "Medical assistance" under this paragraph 12 shall be | ||||||
2 | identical to the benefits
provided under the State's | ||||||
3 | approved plan under Title XIX of the Social Security
Act. | ||||||
4 | The Department must request federal approval of the | ||||||
5 | coverage under this
paragraph 12 within 30 days after the | ||||||
6 | effective date of this amendatory Act of
the 92nd General | ||||||
7 | Assembly.
| ||||||
8 | In addition to the persons who are eligible for medical | ||||||
9 | assistance pursuant to subparagraphs (1) and (2) of this | ||||||
10 | paragraph 12, and to be paid from funds appropriated to the | ||||||
11 | Department for its medical programs, any uninsured person | ||||||
12 | as defined by the Department in rules residing in Illinois | ||||||
13 | who is younger than 65 years of age, who has been screened | ||||||
14 | for breast and cervical cancer in accordance with standards | ||||||
15 | and procedures adopted by the Department of Public Health | ||||||
16 | for screening, and who is referred to the Department by the | ||||||
17 | Department of Public Health as being in need of treatment | ||||||
18 | for breast or cervical cancer is eligible for medical | ||||||
19 | assistance benefits that are consistent with the benefits | ||||||
20 | provided to those persons described in subparagraphs (1) | ||||||
21 | and (2). Medical assistance coverage for the persons who | ||||||
22 | are eligible under the preceding sentence is not dependent | ||||||
23 | on federal approval, but federal moneys may be used to pay | ||||||
24 | for services provided under that coverage upon federal | ||||||
25 | approval. | ||||||
26 | 13. Subject to appropriation and to federal approval, |
| |||||||
| |||||||
1 | persons living with HIV/AIDS who are not otherwise eligible | ||||||
2 | under this Article and who qualify for services covered | ||||||
3 | under Section 5-5.04 as provided by the Illinois Department | ||||||
4 | by rule.
| ||||||
5 | 14. Subject to the availability of funds for this | ||||||
6 | purpose, the Department may provide coverage under this | ||||||
7 | Article to persons who reside in Illinois who are not | ||||||
8 | eligible under any of the preceding paragraphs and who meet | ||||||
9 | the income guidelines of paragraph 2(a) of this Section and | ||||||
10 | (i) have an application for asylum pending before the | ||||||
11 | federal Department of Homeland Security or on appeal before | ||||||
12 | a court of competent jurisdiction and are represented | ||||||
13 | either by counsel or by an advocate accredited by the | ||||||
14 | federal Department of Homeland Security and employed by a | ||||||
15 | not-for-profit organization in regard to that application | ||||||
16 | or appeal, or (ii) are receiving services through a | ||||||
17 | federally funded torture treatment center. Medical | ||||||
18 | coverage under this paragraph 14 may be provided for up to | ||||||
19 | 24 continuous months from the initial eligibility date so | ||||||
20 | long as an individual continues to satisfy the criteria of | ||||||
21 | this paragraph 14. If an individual has an appeal pending | ||||||
22 | regarding an application for asylum before the Department | ||||||
23 | of Homeland Security, eligibility under this paragraph 14 | ||||||
24 | may be extended until a final decision is rendered on the | ||||||
25 | appeal. The Department may adopt rules governing the | ||||||
26 | implementation of this paragraph 14.
|
| |||||||
| |||||||
1 | 15. Family Care Eligibility. | ||||||
2 | (a) On and after July 1, 2012, a caretaker relative | ||||||
3 | who is 19 years of age or older when countable income | ||||||
4 | is at or below 133% of the Federal Poverty Level | ||||||
5 | Guidelines, as published annually in the Federal | ||||||
6 | Register, for the appropriate family size. A person may | ||||||
7 | not spend down to become eligible under this paragraph | ||||||
8 | 15. | ||||||
9 | (b) Eligibility shall be reviewed annually. | ||||||
10 | (c) (Blank). | ||||||
11 | (d) (Blank). | ||||||
12 | (e) (Blank). | ||||||
13 | (f) (Blank). | ||||||
14 | (g) (Blank). | ||||||
15 | (h) (Blank). | ||||||
16 | (i) Following termination of an individual's | ||||||
17 | coverage under this paragraph 15, the individual must | ||||||
18 | be determined eligible before the person can be | ||||||
19 | re-enrolled. | ||||||
20 | 16. Subject to appropriation, uninsured persons who | ||||||
21 | are not otherwise eligible under this Section who have been | ||||||
22 | certified and referred by the Department of Public Health | ||||||
23 | as having been screened and found to need diagnostic | ||||||
24 | evaluation or treatment, or both diagnostic evaluation and | ||||||
25 | treatment, for prostate or testicular cancer. For the | ||||||
26 | purposes of this paragraph 16, uninsured persons are those |
| |||||||
| |||||||
1 | who do not have creditable coverage, as defined under the | ||||||
2 | Health Insurance Portability and Accountability Act, or | ||||||
3 | have otherwise exhausted any insurance benefits they may | ||||||
4 | have had, for prostate or testicular cancer diagnostic | ||||||
5 | evaluation or treatment, or both diagnostic evaluation and | ||||||
6 | treatment.
To be eligible, a person must furnish a Social | ||||||
7 | Security number.
A person's assets are exempt from | ||||||
8 | consideration in determining eligibility under this | ||||||
9 | paragraph 16.
Such persons shall be eligible for medical | ||||||
10 | assistance under this paragraph 16 for so long as they need | ||||||
11 | treatment for the cancer. A person shall be considered to | ||||||
12 | need treatment if, in the opinion of the person's treating | ||||||
13 | physician, the person requires therapy directed toward | ||||||
14 | cure or palliation of prostate or testicular cancer, | ||||||
15 | including recurrent metastatic cancer that is a known or | ||||||
16 | presumed complication of prostate or testicular cancer and | ||||||
17 | complications resulting from the treatment modalities | ||||||
18 | themselves. Persons who require only routine monitoring | ||||||
19 | services are not considered to need treatment.
"Medical | ||||||
20 | assistance" under this paragraph 16 shall be identical to | ||||||
21 | the benefits provided under the State's approved plan under | ||||||
22 | Title XIX of the Social Security Act.
Notwithstanding any | ||||||
23 | other provision of law, the Department (i) does not have a | ||||||
24 | claim against the estate of a deceased recipient of | ||||||
25 | services under this paragraph 16 and (ii) does not have a | ||||||
26 | lien against any homestead property or other legal or |
| |||||||
| |||||||
1 | equitable real property interest owned by a recipient of | ||||||
2 | services under this paragraph 16. | ||||||
3 | In implementing the provisions of Public Act 96-20, the | ||||||
4 | Department is authorized to adopt only those rules necessary, | ||||||
5 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
6 | the Department to adopt rules or issue a decision that expands | ||||||
7 | eligibility for the FamilyCare Program to a person whose income | ||||||
8 | exceeds 185% of the Federal Poverty Level as determined from | ||||||
9 | time to time by the U.S. Department of Health and Human | ||||||
10 | Services, unless the Department is provided with express | ||||||
11 | statutory authority. | ||||||
12 | The Illinois Department and the Governor shall provide a | ||||||
13 | plan for
coverage of the persons eligible under paragraph 7 as | ||||||
14 | soon as possible after
July 1, 1984.
| ||||||
15 | The eligibility of any such person for medical assistance | ||||||
16 | under this
Article is not affected by the payment of any grant | ||||||
17 | under the Senior
Citizens and Disabled Persons Property Tax | ||||||
18 | Relief and Pharmaceutical Assistance Act or any distributions | ||||||
19 | or items of income described under
subparagraph (X) of
| ||||||
20 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
21 | Income Tax
Act. The Department shall by rule establish the | ||||||
22 | amounts of
assets to be disregarded in determining eligibility | ||||||
23 | for medical assistance,
which shall at a minimum equal the | ||||||
24 | amounts to be disregarded under the
Federal Supplemental | ||||||
25 | Security Income Program. The amount of assets of a
single | ||||||
26 | person to be disregarded
shall not be less than $2,000, and the |
| |||||||
| |||||||
1 | amount of assets of a married couple
to be disregarded shall | ||||||
2 | not be less than $3,000.
| ||||||
3 | To the extent permitted under federal law, any person found | ||||||
4 | guilty of a
second violation of Article VIIIA
shall be | ||||||
5 | ineligible for medical assistance under this Article, as | ||||||
6 | provided
in Section 8A-8.
| ||||||
7 | The eligibility of any person for medical assistance under | ||||||
8 | this Article
shall not be affected by the receipt by the person | ||||||
9 | of donations or benefits
from fundraisers held for the person | ||||||
10 | in cases of serious illness,
as long as neither the person nor | ||||||
11 | members of the person's family
have actual control over the | ||||||
12 | donations or benefits or the disbursement
of the donations or | ||||||
13 | benefits.
| ||||||
14 | (Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09; | ||||||
15 | 96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff. | ||||||
16 | 7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48, | ||||||
17 | eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11; | ||||||
18 | 97-689, eff. 6-14-12.)
| ||||||
19 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| ||||||
20 | Sec. 5-4. Amount and nature of medical assistance. | ||||||
21 | (a) The amount and nature of
medical assistance shall be | ||||||
22 | determined in accordance
with the standards, rules, and | ||||||
23 | regulations of the Department of Healthcare and Family | ||||||
24 | Services, with due regard to the requirements and conditions in | ||||||
25 | each case,
including contributions available from legally |
| |||||||
| |||||||
1 | responsible
relatives. However, the amount and nature of such | ||||||
2 | medical assistance shall
not be affected by the payment of any | ||||||
3 | grant under the Senior Citizens and
Disabled Persons Property | ||||||
4 | Tax Relief and Pharmaceutical Assistance Act or any
| ||||||
5 | distributions or items of income described under subparagraph | ||||||
6 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
7 | Illinois Income Tax
Act.
The amount and nature of medical | ||||||
8 | assistance shall not be affected by the
receipt of donations or | ||||||
9 | benefits from fundraisers in cases of serious
illness, as long | ||||||
10 | as neither the person nor members of the person's family
have | ||||||
11 | actual control over the donations or benefits or the | ||||||
12 | disbursement of
the donations or benefits.
| ||||||
13 | In determining the income and resources available to the | ||||||
14 | institutionalized
spouse and to the community spouse, the | ||||||
15 | Department of Healthcare and Family Services
shall follow the | ||||||
16 | procedures established by federal law. If an institutionalized | ||||||
17 | spouse or community spouse refuses to comply with the | ||||||
18 | requirements of Title XIX of the federal Social Security Act | ||||||
19 | and the regulations duly promulgated thereunder by failing to | ||||||
20 | provide the total value of assets, including income and | ||||||
21 | resources, to the extent either the institutionalized spouse or | ||||||
22 | community spouse has an ownership interest in them pursuant to | ||||||
23 | 42 U.S.C. 1396r-5, such refusal may result in the | ||||||
24 | institutionalized spouse being denied eligibility and | ||||||
25 | continuing to remain ineligible for the medical assistance | ||||||
26 | program based on failure to cooperate. |
| |||||||
| |||||||
1 | Subject to federal approval, the community spouse
resource | ||||||
2 | allowance shall be established and maintained at the higher of | ||||||
3 | $109,560 or the minimum level
permitted pursuant to Section | ||||||
4 | 1924(f)(2) of the Social Security Act, as now
or hereafter | ||||||
5 | amended, or an amount set after a fair hearing, whichever is
| ||||||
6 | greater. The monthly maintenance allowance for the community | ||||||
7 | spouse shall be
established and maintained at the higher of | ||||||
8 | $2,739 per month or the minimum level permitted pursuant to | ||||||
9 | Section
1924(d)(3)(C) of the Social Security Act, as now or | ||||||
10 | hereafter amended, or an amount set after a fair hearing, | ||||||
11 | whichever is greater. Subject
to the approval of the Secretary | ||||||
12 | of the United States Department of Health and
Human Services, | ||||||
13 | the provisions of this Section shall be extended to persons who
| ||||||
14 | but for the provision of home or community-based services under | ||||||
15 | Section
4.02 of the Illinois Act on the Aging, would require | ||||||
16 | the level of care provided
in an institution, as is provided | ||||||
17 | for in federal law.
| ||||||
18 | (b) Spousal support for institutionalized spouses | ||||||
19 | receiving medical assistance. | ||||||
20 | (i) The Department may seek support for an | ||||||
21 | institutionalized spouse, who has assigned his or her right | ||||||
22 | of support from his or her spouse to the State, from the | ||||||
23 | resources and income available to the community spouse. | ||||||
24 | (ii) The Department may bring an action in the circuit | ||||||
25 | court to establish support orders or itself establish | ||||||
26 | administrative support orders by any means and procedures |
| |||||||
| |||||||
1 | authorized in this Code, as applicable, except that the | ||||||
2 | standard and regulations for determining ability to | ||||||
3 | support in Section 10-3 shall not limit the amount of | ||||||
4 | support that may be ordered. | ||||||
5 | (iii) Proceedings may be initiated to obtain support, | ||||||
6 | or for the recovery of aid granted during the period such | ||||||
7 | support was not provided, or both, for the obtainment of | ||||||
8 | support and the recovery of the aid provided. Proceedings | ||||||
9 | for the recovery of aid may be taken separately or they may | ||||||
10 | be consolidated with actions to obtain support. Such | ||||||
11 | proceedings may be brought in the name of the person or | ||||||
12 | persons requiring support or may be brought in the name of | ||||||
13 | the Department, as the case requires. | ||||||
14 | (iv) The orders for the payment of moneys for the | ||||||
15 | support of the person shall be just and equitable and may | ||||||
16 | direct payment thereof for such period or periods of time | ||||||
17 | as the circumstances require, including support for a | ||||||
18 | period before the date the order for support is entered. In | ||||||
19 | no event shall the orders reduce the community spouse | ||||||
20 | resource allowance below the level established in | ||||||
21 | subsection (a) of this Section or an amount set after a | ||||||
22 | fair hearing, whichever is greater, or reduce the monthly | ||||||
23 | maintenance allowance for the community spouse below the | ||||||
24 | level permitted pursuant to subsection (a) of this Section.
| ||||||
25 | (Source: P.A. 97-689, eff. 6-14-12.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
2 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
3 | (a) There is created in the State Treasury the Hospital | ||||||
4 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
5 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
6 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
7 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
8 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
9 | the following
purposes, notwithstanding any other provision of | ||||||
10 | law:
| ||||||
11 | (1) For making payments to hospitals as required under | ||||||
12 | Articles V, V-A, VI,
and XIV of this Code, under the | ||||||
13 | Children's Health Insurance Program Act, under the | ||||||
14 | Covering ALL KIDS Health Insurance Act, under the Senior | ||||||
15 | Citizens and Disabled Persons Property
Tax Relief and | ||||||
16 | Pharmaceutical Assistance Act, and under the Senior | ||||||
17 | Citizens and Disabled Persons Property Tax Relief and | ||||||
18 | Pharmaceutical Assistance Act.
| ||||||
19 | (2) For the reimbursement of moneys collected by the
| ||||||
20 | Illinois Department from hospitals or hospital providers | ||||||
21 | through error or
mistake in performing the
activities | ||||||
22 | authorized under this Article and Article V of this Code.
| ||||||
23 | (3) For payment of administrative expenses incurred by | ||||||
24 | the
Illinois Department or its agent in performing the | ||||||
25 | activities
authorized by this Article.
| ||||||
26 | (4) For payments of any amounts which are reimbursable |
| |||||||
| |||||||
1 | to
the federal government for payments from this Fund which | ||||||
2 | are
required to be paid by State warrant.
| ||||||
3 | (5) For making transfers, as those transfers are | ||||||
4 | authorized
in the proceedings authorizing debt under the | ||||||
5 | Short Term Borrowing Act,
but transfers made under this | ||||||
6 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
7 | issued in anticipation of the receipt by
the State of | ||||||
8 | moneys to be deposited into the Fund.
| ||||||
9 | (6) For making transfers to any other fund in the State | ||||||
10 | treasury, but
transfers made under this paragraph (6) shall | ||||||
11 | not exceed the amount transferred
previously from that | ||||||
12 | other fund into the Hospital Provider Fund.
| ||||||
13 | (6.5) For making transfers to the Healthcare Provider | ||||||
14 | Relief Fund, except that transfers made under this | ||||||
15 | paragraph (6.5) shall not exceed $60,000,000 in the | ||||||
16 | aggregate. | ||||||
17 | (7) For State fiscal years 2004 and 2005 for making | ||||||
18 | transfers to the Health and Human Services
Medicaid Trust | ||||||
19 | Fund, including 20% of the moneys received from
hospital | ||||||
20 | providers under Section 5A-4 and transferred into the | ||||||
21 | Hospital
Provider
Fund under Section 5A-6. For State fiscal | ||||||
22 | year 2006 for making transfers to the Health and Human | ||||||
23 | Services Medicaid Trust Fund of up to $130,000,000 per year | ||||||
24 | of the moneys received from hospital providers under | ||||||
25 | Section 5A-4 and transferred into the Hospital Provider | ||||||
26 | Fund under Section 5A-6. Transfers under this paragraph |
| |||||||
| |||||||
1 | shall be made within 7
days after the payments have been | ||||||
2 | received pursuant to the schedule of payments
provided in | ||||||
3 | subsection (a) of Section 5A-4.
| ||||||
4 | (7.5) For State fiscal year 2007 for making
transfers | ||||||
5 | of the moneys received from hospital providers under | ||||||
6 | Section 5A-4 and transferred into the Hospital Provider | ||||||
7 | Fund under Section 5A-6 to the designated funds not | ||||||
8 | exceeding the following amounts
in that State fiscal year: | ||||||
9 | Health and Human Services | ||||||
10 | Medicaid Trust Fund .................
$20,000,000 | ||||||
11 | Long-Term Care Provider Fund ............
$30,000,000 | ||||||
12 | General Revenue Fund ...................
$80,000,000. | ||||||
13 | Transfers under this paragraph shall be made within 7 | ||||||
14 | days after the payments have been received pursuant to the | ||||||
15 | schedule of payments provided in subsection (a) of Section | ||||||
16 | 5A-4.
| ||||||
17 | (7.8) For State fiscal year 2008, for making transfers | ||||||
18 | of the moneys received from hospital providers under | ||||||
19 | Section 5A-4 and transferred into the Hospital Provider | ||||||
20 | Fund under Section 5A-6 to the designated funds not | ||||||
21 | exceeding the following amounts in that State fiscal year: | ||||||
22 | Health and Human Services | ||||||
23 | Medicaid Trust Fund ..................$40,000,000 | ||||||
24 | Long-Term Care Provider Fund ..............$60,000,000 | ||||||
25 | General Revenue Fund ...................$160,000,000. | ||||||
26 | Transfers under this paragraph shall be made within 7 |
| |||||||
| |||||||
1 | days after the payments have been received pursuant to the | ||||||
2 | schedule of payments provided in subsection (a) of Section | ||||||
3 | 5A-4. | ||||||
4 | (7.9) For State fiscal years 2009 through 2014, for | ||||||
5 | making transfers of the moneys received from hospital | ||||||
6 | providers under Section 5A-4 and transferred into the | ||||||
7 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
8 | funds not exceeding the following amounts in that State | ||||||
9 | fiscal year: | ||||||
10 | Health and Human Services | ||||||
11 | Medicaid Trust Fund ...................$20,000,000 | ||||||
12 | Long Term Care Provider Fund ..............$30,000,000 | ||||||
13 | General Revenue Fund .....................$80,000,000. | ||||||
14 | Except as provided under this paragraph, transfers | ||||||
15 | under this paragraph shall be made within 7 business days | ||||||
16 | after the payments have been received pursuant to the | ||||||
17 | schedule of payments provided in subsection (a) of Section | ||||||
18 | 5A-4. For State fiscal year 2009, transfers to the General | ||||||
19 | Revenue Fund under this paragraph shall be made on or | ||||||
20 | before June 30, 2009, as sufficient funds become available | ||||||
21 | in the Hospital Provider Fund to both make the transfers | ||||||
22 | and continue hospital payments. | ||||||
23 | (8) For making refunds to hospital providers pursuant | ||||||
24 | to Section 5A-10.
| ||||||
25 | Disbursements from the Fund, other than transfers | ||||||
26 | authorized under
paragraphs (5) and (6) of this subsection, |
| |||||||
| |||||||
1 | shall be by
warrants drawn by the State Comptroller upon | ||||||
2 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
3 | Department.
| ||||||
4 | (c) The Fund shall consist of the following:
| ||||||
5 | (1) All moneys collected or received by the Illinois
| ||||||
6 | Department from the hospital provider assessment imposed | ||||||
7 | by this
Article.
| ||||||
8 | (2) All federal matching funds received by the Illinois
| ||||||
9 | Department as a result of expenditures made by the Illinois
| ||||||
10 | Department that are attributable to moneys deposited in the | ||||||
11 | Fund.
| ||||||
12 | (3) Any interest or penalty levied in conjunction with | ||||||
13 | the
administration of this Article.
| ||||||
14 | (4) Moneys transferred from another fund in the State | ||||||
15 | treasury.
| ||||||
16 | (5) All other moneys received for the Fund from any | ||||||
17 | other
source, including interest earned thereon.
| ||||||
18 | (d) (Blank).
| ||||||
19 | (Source: P.A. 95-707, eff. 1-11-08; 95-859, eff. 8-19-08; 96-3, | ||||||
20 | eff. 2-27-09; 96-45, eff. 7-15-09; 96-821, eff. 11-20-09; | ||||||
21 | 96-1530, eff. 2-16-11.)
| ||||||
22 | (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
| ||||||
23 | Sec. 6-1.2. Need. Income available to the person, when | ||||||
24 | added to
contributions in money, substance, or services from | ||||||
25 | other sources,
including contributions from legally |
| |||||||
| |||||||
1 | responsible relatives, must be
insufficient to equal the grant | ||||||
2 | amount established by Department regulation
(or by local | ||||||
3 | governmental unit in units which do not receive State funds)
| ||||||
4 | for such a person.
| ||||||
5 | In determining income to be taken into account:
| ||||||
6 | (1) The first $75 of earned income in income assistance | ||||||
7 | units
comprised exclusively of one adult person shall be | ||||||
8 | disregarded, and for not
more than 3 months in any 12 | ||||||
9 | consecutive months that portion
of earned income beyond the | ||||||
10 | first $75 that is the difference between the
standard of | ||||||
11 | assistance and the grant amount, shall be disregarded.
| ||||||
12 | (2) For income assistance units not comprised | ||||||
13 | exclusively of one adult
person, when authorized by rules | ||||||
14 | and regulations of the Illinois
Department, a portion of | ||||||
15 | earned income, not to exceed the first $25 a month
plus 50% | ||||||
16 | of the next $75, may be disregarded for the purpose of | ||||||
17 | stimulating
and aiding rehabilitative effort and | ||||||
18 | self-support activity.
| ||||||
19 | "Earned income" means money earned in self-employment or | ||||||
20 | wages, salary,
or commission for personal services performed as | ||||||
21 | an employee. The eligibility
of any applicant for or recipient | ||||||
22 | of public aid under this Article is not
affected by the payment | ||||||
23 | of any grant under the "Senior Citizens and Disabled
Persons | ||||||
24 | Property Tax Relief and Pharmaceutical Assistance Act", any
| ||||||
25 | refund
or payment of the federal Earned Income Tax Credit, or | ||||||
26 | any distributions or
items of income described under |
| |||||||
| |||||||
1 | subparagraph (X) of
paragraph (2) of subsection (a) of Section | ||||||
2 | 203 of the Illinois Income Tax
Act.
| ||||||
3 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
4 | (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
| ||||||
5 | Sec. 6-2. Amount of aid. The amount and nature of General | ||||||
6 | Assistance
for basic maintenance requirements shall be | ||||||
7 | determined in accordance
with local budget standards for local | ||||||
8 | governmental units which do not receive
State funds. For local | ||||||
9 | governmental units which do receive State funds,
the amount and | ||||||
10 | nature of General Assistance for basic maintenance | ||||||
11 | requirements
shall be determined in accordance with the | ||||||
12 | standards, rules and regulations
of the Illinois Department. | ||||||
13 | However,
the amount and nature of any
financial aid is not | ||||||
14 | affected by the payment of any grant under the
Senior Citizens | ||||||
15 | and Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
16 | Assistance Act
or any distributions or items of income | ||||||
17 | described under subparagraph (X) of
paragraph (2) of subsection | ||||||
18 | (a) of Section 203 of the Illinois Income Tax
Act. Due regard | ||||||
19 | shall be given to the
requirements and the conditions existing | ||||||
20 | in each case, and to the income,
money contributions and other | ||||||
21 | support and resources available, from
whatever source. In local | ||||||
22 | governmental units which do not receive State
funds, the grant | ||||||
23 | shall be sufficient when added to all other income, money
| ||||||
24 | contributions and support in excess of any excluded income or | ||||||
25 | resources, to
provide the person with a grant in the amount |
| |||||||
| |||||||
1 | established for such a person
by the local governmental unit | ||||||
2 | based upon standards meeting basic
maintenance requirements. | ||||||
3 | In local governmental units which
do receive State funds, the | ||||||
4 | grant shall be sufficient when added to all
other income, money | ||||||
5 | contributions and support in excess of any excluded
income or | ||||||
6 | resources, to provide the person with a grant in the amount
| ||||||
7 | established for such a person by Department regulation based | ||||||
8 | upon standards
providing a livelihood compatible with health | ||||||
9 | and well-being, as directed
by Section 12-4.11 of this Code.
| ||||||
10 | The Illinois Department may conduct special projects, | ||||||
11 | which may be
known as Grant Diversion Projects, under which | ||||||
12 | recipients of financial aid
under this Article are placed in | ||||||
13 | jobs and their grants are diverted to the
employer who in turn | ||||||
14 | makes payments to the recipients in the form of salary
or other | ||||||
15 | employment benefits. The Illinois Department shall by rule | ||||||
16 | specify
the terms and conditions of such Grant Diversion | ||||||
17 | Projects. Such projects
shall take into consideration and be | ||||||
18 | coordinated with the programs
administered under the Illinois | ||||||
19 | Emergency Employment Development Act.
| ||||||
20 | The allowances provided under Article IX for recipients | ||||||
21 | participating in
the training and rehabilitation programs | ||||||
22 | shall be in addition to such
maximum payment.
| ||||||
23 | Payments may also be made to provide persons receiving | ||||||
24 | basic
maintenance support with necessary treatment, care and | ||||||
25 | supplies required
because of illness or disability or with | ||||||
26 | acute medical treatment, care,
and supplies.
Payments for |
| |||||||
| |||||||
1 | necessary or acute medical
care under
this paragraph may be | ||||||
2 | made to or in behalf of the person. Obligations
incurred for | ||||||
3 | such services but not paid for at the time of a recipient's
| ||||||
4 | death may be paid, subject to the rules and regulations of the | ||||||
5 | Illinois
Department, after the death of the recipient.
| ||||||
6 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
7 | (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
| ||||||
8 | Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | ||||||
9 | Public Aid Recoveries Trust Fund shall consist of (1)
| ||||||
10 | recoveries by the Department of Healthcare and Family Services | ||||||
11 | (formerly Illinois Department of Public Aid) authorized by this | ||||||
12 | Code
in respect to applicants or recipients under Articles III, | ||||||
13 | IV, V, and VI,
including recoveries made by the Department of | ||||||
14 | Healthcare and Family Services (formerly Illinois Department | ||||||
15 | of Public
Aid) from the estates of deceased recipients, (2) | ||||||
16 | recoveries made by the
Department of Healthcare and Family | ||||||
17 | Services (formerly Illinois Department of Public Aid) in | ||||||
18 | respect to applicants and recipients under
the Children's | ||||||
19 | Health Insurance Program Act, and the Covering ALL KIDS Health | ||||||
20 | Insurance Act, and the Senior Citizens and Disabled Persons
| ||||||
21 | Property Tax Relief and Pharmaceutical Assistance Act, (3) | ||||||
22 | federal funds received on
behalf of and earned by State | ||||||
23 | universities and local governmental entities
for services | ||||||
24 | provided to
applicants or recipients covered under this Code, | ||||||
25 | the Children's Health Insurance Program Act, and the Covering |
| |||||||
| |||||||
1 | ALL KIDS Health Insurance Act, and the Senior Citizens and
| ||||||
2 | Disabled Persons Property Tax Relief and Pharmaceutical
| ||||||
3 | Assistance Act, (3.5) federal financial participation revenue | ||||||
4 | related to eligible disbursements made by the Department of | ||||||
5 | Healthcare and Family Services from appropriations required by | ||||||
6 | this Section, and (4) all other moneys received to the Fund, | ||||||
7 | including interest thereon. The Fund shall be held
as a special | ||||||
8 | fund in the State Treasury.
| ||||||
9 | Disbursements from this Fund shall be only (1) for the | ||||||
10 | reimbursement of
claims collected by the Department of | ||||||
11 | Healthcare and Family Services (formerly Illinois Department | ||||||
12 | of Public Aid) through error
or mistake, (2) for payment to | ||||||
13 | persons or agencies designated as payees or
co-payees on any | ||||||
14 | instrument, whether or not negotiable, delivered to the
| ||||||
15 | Department of Healthcare and Family Services (formerly
| ||||||
16 | Illinois Department of Public Aid) as a recovery under this | ||||||
17 | Section, such
payment to be in proportion to the respective | ||||||
18 | interests of the payees in the
amount so collected, (3) for | ||||||
19 | payments to the Department of Human Services
for collections | ||||||
20 | made by the Department of Healthcare and Family Services | ||||||
21 | (formerly Illinois Department of Public Aid) on behalf of
the | ||||||
22 | Department of Human Services under this Code, the Children's | ||||||
23 | Health Insurance Program Act, and the Covering ALL KIDS Health | ||||||
24 | Insurance Act, (4) for payment of
administrative expenses | ||||||
25 | incurred in performing the
activities authorized under this | ||||||
26 | Code, the Children's Health Insurance Program Act, and the |
| |||||||
| |||||||
1 | Covering ALL KIDS Health Insurance Act, and the Senior Citizens
| ||||||
2 | and Disabled Persons Property Tax Relief and Pharmaceutical
| ||||||
3 | Assistance Act, (5)
for payment of fees to persons or agencies | ||||||
4 | in the performance of activities
pursuant to the collection of | ||||||
5 | monies owed the State that are collected
under this Code, the | ||||||
6 | Children's Health Insurance Program Act, and the Covering ALL | ||||||
7 | KIDS Health Insurance Act, and the Senior Citizens and Disabled
| ||||||
8 | Persons Property Tax Relief and Pharmaceutical Assistance Act, | ||||||
9 | (6) for payments of any amounts which are
reimbursable to the | ||||||
10 | federal government which are required to be paid by State
| ||||||
11 | warrant by either the State or federal government, and (7) for | ||||||
12 | payments
to State universities and local governmental entities | ||||||
13 | of federal funds for
services provided to
applicants or | ||||||
14 | recipients covered under this Code, the Children's Health | ||||||
15 | Insurance Program Act, and the Covering ALL KIDS Health | ||||||
16 | Insurance Act , and the Senior Citizens and Disabled Persons
| ||||||
17 | Property Tax Relief and Pharmaceutical Assistance Act . | ||||||
18 | Disbursements
from this Fund for purposes of items (4) and (5) | ||||||
19 | of this
paragraph shall be subject to appropriations from the | ||||||
20 | Fund to the Department of Healthcare and Family Services | ||||||
21 | (formerly Illinois
Department of Public Aid).
| ||||||
22 | The balance in this Fund on the first day of each calendar | ||||||
23 | quarter, after
payment therefrom of any amounts reimbursable to | ||||||
24 | the federal government, and
minus the amount reasonably | ||||||
25 | anticipated to be needed to make the disbursements
during that | ||||||
26 | quarter authorized by this Section, shall be certified by the
|
| |||||||
| |||||||
1 | Director of Healthcare and Family Services and transferred by | ||||||
2 | the
State Comptroller to the Drug Rebate Fund or the Healthcare | ||||||
3 | Provider Relief Fund in
the State Treasury, as appropriate, | ||||||
4 | within 30 days of the first day of
each calendar quarter. The | ||||||
5 | Director of Healthcare and Family Services may certify and the | ||||||
6 | State Comptroller shall transfer to the Drug Rebate Fund | ||||||
7 | amounts on a more frequent basis.
| ||||||
8 | On July 1, 1999, the State Comptroller shall transfer the | ||||||
9 | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | ||||||
10 | (formerly the Public Assistance
Recoveries Trust Fund) into the | ||||||
11 | DHS Recoveries Trust Fund.
| ||||||
12 | (Source: P.A. 96-1100, eff. 1-1-11; 97-647, eff. 1-1-12; | ||||||
13 | 97-689, eff. 6-14-12.)
| ||||||
14 | Section 40. The Senior Citizens and Disabled Persons | ||||||
15 | Property Tax Relief Act is amended by changing the title of the | ||||||
16 | Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, 9, | ||||||
17 | 12, and 13 and by adding Section 4.2 as follows:
| ||||||
18 | (320 ILCS 25/Act title)
| ||||||
19 | An Act in relation to the payment of grants to enable the | ||||||
20 | elderly and
the disabled to acquire or retain private housing | ||||||
21 | and to acquire prescription drugs .
| ||||||
22 | (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
| ||||||
23 | Sec. 1. Short title; common name. This Article shall be |
| |||||||
| |||||||
1 | known and may be cited as the Senior Citizens and
Disabled | ||||||
2 | Persons Property Tax Relief
and Pharmaceutical Assistance Act. | ||||||
3 | Common references to the "Circuit Breaker Act" mean this | ||||||
4 | Article. As used in this Article, "this Act" means this | ||||||
5 | Article.
| ||||||
6 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
7 | (320 ILCS 25/1.5) | ||||||
8 | Sec. 1.5. Implementation of Executive Order No. 3 of 2004 ; | ||||||
9 | termination of the Illinois Senior Citizens and Disabled | ||||||
10 | Persons Pharmaceutical Assistance Program . Executive Order No. | ||||||
11 | 3 of 2004, in part, provided for the
transfer of the programs | ||||||
12 | under this Act from the Department of
Revenue to the Department | ||||||
13 | on Aging and the Department of
Healthcare and Family Services. | ||||||
14 | It is the purpose of this
amendatory Act of the 96th General | ||||||
15 | Assembly to conform this Act
and certain related provisions of | ||||||
16 | other statutes to that
Executive Order. This amendatory Act of | ||||||
17 | the 96th General
Assembly also makes other substantive changes
| ||||||
18 | to this Act.
| ||||||
19 | It is the purpose of this amendatory Act of the 97th | ||||||
20 | General Assembly to terminate the Illinois Senior Citizens and | ||||||
21 | Disabled Persons Pharmaceutical Assistance Program on July 1, | ||||||
22 | 2012. | ||||||
23 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
24 | (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
|
| |||||||
| |||||||
1 | Sec. 2. Purpose. The purpose of this Act is to provide | ||||||
2 | incentives to the senior citizens
and disabled persons of this | ||||||
3 | State to acquire and retain private housing of
their choice and | ||||||
4 | at the same time to relieve those citizens from the
burdens of | ||||||
5 | extraordinary property taxes and rising drug costs against | ||||||
6 | their increasingly
restricted earning power, and thereby to | ||||||
7 | reduce the requirements for public
housing in this State.
| ||||||
8 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
9 | (320 ILCS 25/3.05a) | ||||||
10 | Sec. 3.05a. Additional resident. "Additional resident"
| ||||||
11 | means a person who (i) is living in the same residence with a
| ||||||
12 | claimant for the claim year and at the time of filing the
| ||||||
13 | claim, (ii) is not the spouse of the claimant, (iii) does not
| ||||||
14 | file a separate claim under this Act for the same period, and
| ||||||
15 | (iv) receives more than half of his or her total financial
| ||||||
16 | support for that claim year from the household. An Prior to | ||||||
17 | July 1, 2012, an additional resident who meets qualifications | ||||||
18 | may receive pharmaceutical assistance based on a claimant's | ||||||
19 | application.
| ||||||
20 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
21 | (320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
| ||||||
22 | Sec. 3.10. Regulations. "Regulations" includes both rules | ||||||
23 | promulgated and forms prescribed by the applicable
Department. | ||||||
24 | In this Act, references to the rules of the Department on Aging
|
| |||||||
| |||||||
1 | or the Department of Healthcare and Family Services , in effect | ||||||
2 | prior to July 1, 2012, shall be
deemed to include, in | ||||||
3 | appropriate cases, the corresponding
rules adopted by the | ||||||
4 | Department of Revenue, to the extent that
those rules continue | ||||||
5 | in force under Executive Order No. 3 of
2004.
| ||||||
6 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
7 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
| ||||||
8 | Sec. 4. Amount of Grant.
| ||||||
9 | (a) In general. Any individual 65 years or older or any | ||||||
10 | individual who will
become 65 years old during the calendar | ||||||
11 | year in which a claim is filed, and any
surviving spouse of | ||||||
12 | such a claimant, who at the time of death received or was
| ||||||
13 | entitled to receive a grant pursuant to this Section, which | ||||||
14 | surviving spouse
will become 65 years of age within the 24 | ||||||
15 | months immediately following the
death of such claimant and | ||||||
16 | which surviving spouse but for his or her age is
otherwise | ||||||
17 | qualified to receive a grant pursuant to this Section, and any
| ||||||
18 | disabled person whose annual household income is less than the | ||||||
19 | income eligibility limitation, as defined in subsection (a-5)
| ||||||
20 | and whose household is liable for payment of property taxes | ||||||
21 | accrued or has
paid rent constituting property taxes accrued | ||||||
22 | and is domiciled in this State
at the time he or she files his | ||||||
23 | or her claim is entitled to claim a
grant under this Act.
With | ||||||
24 | respect to claims filed by individuals who will become 65 years | ||||||
25 | old
during the calendar year in which a claim is filed, the |
| |||||||
| |||||||
1 | amount of any grant
to which that household is entitled shall | ||||||
2 | be an amount equal to 1/12 of the
amount to which the claimant | ||||||
3 | would otherwise be entitled as provided in
this Section, | ||||||
4 | multiplied by the number of months in which the claimant was
65 | ||||||
5 | in the calendar year in which the claim is filed.
| ||||||
6 | (a-5) Income eligibility limitation. For purposes of this | ||||||
7 | Section, "income eligibility limitation" means an amount for | ||||||
8 | grant years 2008 and thereafter: | ||||||
9 | (1) less than $22,218 for a household containing one | ||||||
10 | person; | ||||||
11 | (2) less than $29,480 for a household containing 2 | ||||||
12 | persons; or | ||||||
13 | (3) less than $36,740 for a
household containing 3 or | ||||||
14 | more persons. | ||||||
15 | For 2009 claim year applications submitted during calendar | ||||||
16 | year 2010, a household must have annual household income of | ||||||
17 | less than $27,610 for a household containing one person; less | ||||||
18 | than $36,635 for a household containing 2 persons; or less than | ||||||
19 | $45,657 for a household containing 3 or more persons. | ||||||
20 | The Department on Aging may adopt rules such that on | ||||||
21 | January 1, 2011, and thereafter, the foregoing household income | ||||||
22 | eligibility limits may be changed to reflect the annual cost of | ||||||
23 | living adjustment in Social Security and Supplemental Security | ||||||
24 | Income benefits that are applicable to the year for which those | ||||||
25 | benefits are being reported as income on an application. | ||||||
26 | If a person files as a surviving spouse, then only his or |
| |||||||
| |||||||
1 | her income shall be counted in determining his or her household | ||||||
2 | income. | ||||||
3 | (b) Limitation. Except as otherwise provided in | ||||||
4 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
5 | grant which a claimant is
entitled to claim is the amount by | ||||||
6 | which the property taxes accrued which
were paid or payable | ||||||
7 | during the last preceding tax year or rent
constituting | ||||||
8 | property taxes accrued upon the claimant's residence for the
| ||||||
9 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
10 | household
income for that year but in no event is the grant to | ||||||
11 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
12 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
13 | household income for that year is more than
$14,000.
| ||||||
14 | (c) Public aid recipients. If household income in one or | ||||||
15 | more
months during a year includes cash assistance in excess of | ||||||
16 | $55 per month
from the Department of Healthcare and Family | ||||||
17 | Services or the Department of Human Services (acting
as | ||||||
18 | successor to the Department of Public Aid under the Department | ||||||
19 | of Human
Services Act) which was determined under regulations | ||||||
20 | of
that Department on a measure of need that included an | ||||||
21 | allowance for actual
rent or property taxes paid by the | ||||||
22 | recipient of that assistance, the amount
of grant to which that | ||||||
23 | household is entitled, except as otherwise provided in
| ||||||
24 | subsection (a), shall be the product of (1) the maximum amount | ||||||
25 | computed as
specified in subsection (b) of this Section and (2) | ||||||
26 | the ratio of the number of
months in which household income did |
| |||||||
| |||||||
1 | not include such cash assistance over $55
to the number twelve. | ||||||
2 | If household income did not include such cash assistance
over | ||||||
3 | $55 for any months during the year, the amount of the grant to | ||||||
4 | which the
household is entitled shall be the maximum amount | ||||||
5 | computed as specified in
subsection (b) of this Section. For | ||||||
6 | purposes of this paragraph (c), "cash
assistance" does not | ||||||
7 | include any amount received under the federal Supplemental
| ||||||
8 | Security Income (SSI) program.
| ||||||
9 | (d) Joint ownership. If title to the residence is held | ||||||
10 | jointly by
the claimant with a person who is not a member of | ||||||
11 | his or her household,
the amount of property taxes accrued used | ||||||
12 | in computing the amount of grant
to which he or she is entitled | ||||||
13 | shall be the same percentage of property
taxes accrued as is | ||||||
14 | the percentage of ownership held by the claimant in the
| ||||||
15 | residence.
| ||||||
16 | (e) More than one residence. If a claimant has occupied | ||||||
17 | more than
one residence in the taxable year, he or she may | ||||||
18 | claim only one residence
for any part of a month. In the case | ||||||
19 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
20 | total property taxes accrued on
his or her residence to each | ||||||
21 | month that he or she owned and occupied
that residence; and, in | ||||||
22 | the case of rent constituting property taxes accrued,
shall | ||||||
23 | prorate each month's rent payments to the residence
actually | ||||||
24 | occupied during that month.
| ||||||
25 | (f) (Blank).
| ||||||
26 | (g) There Effective January 1, 2006, there is hereby |
| |||||||
| |||||||
1 | established a program of pharmaceutical assistance to the aged | ||||||
2 | and disabled, entitled the Illinois Seniors and Disabled Drug | ||||||
3 | Coverage Program, which shall be administered by the Department | ||||||
4 | of Healthcare and Family Services and the Department on Aging | ||||||
5 | in accordance with this subsection, to consist of coverage of | ||||||
6 | specified prescription drugs on behalf of beneficiaries of the | ||||||
7 | program as set forth in this subsection. Notwithstanding any | ||||||
8 | provisions of this Act to the contrary, on and after July 1, | ||||||
9 | 2012, pharmaceutical assistance under this Act shall no longer | ||||||
10 | be provided, and on July 1, 2012 the Illinois Senior Citizens | ||||||
11 | and Disabled Persons Pharmaceutical Assistance Program shall | ||||||
12 | terminate. The following provisions that concern the Illinois | ||||||
13 | Senior Citizens and Disabled Persons Pharmaceutical Assistance | ||||||
14 | Program shall continue to apply on and after July 1, 2012 to | ||||||
15 | the extent necessary to pursue any actions authorized by | ||||||
16 | subsection (d) of Section 9 of this Act with respect to acts | ||||||
17 | which took place prior to July 1, 2012. | ||||||
18 | To become a beneficiary under the program established under | ||||||
19 | this subsection, a person must: | ||||||
20 | (1) be (i) 65 years of age or older or (ii) disabled; | ||||||
21 | and | ||||||
22 | (2) be domiciled in this State; and | ||||||
23 | (3) enroll with a qualified Medicare Part D | ||||||
24 | Prescription Drug Plan if eligible and apply for all | ||||||
25 | available subsidies under Medicare Part D; and | ||||||
26 | (4) for the 2006 and 2007 claim years, have a maximum |
| |||||||
| |||||||
1 | household income of (i) less than $21,218 for a household | ||||||
2 | containing one person, (ii) less than $28,480 for a | ||||||
3 | household containing 2 persons, or (iii) less than $35,740 | ||||||
4 | for a household containing 3 or more persons; and | ||||||
5 | (5) for the 2008 claim year, have a maximum household | ||||||
6 | income of (i) less than $22,218 for a household containing | ||||||
7 | one person, (ii) $29,480 for a household containing 2 | ||||||
8 | persons, or (iii) $36,740 for a household containing 3 or | ||||||
9 | more persons; and | ||||||
10 | (6) for 2009 claim year applications submitted during | ||||||
11 | calendar year 2010, have annual household income of less | ||||||
12 | than (i) $27,610 for a household containing one person; | ||||||
13 | (ii) less than $36,635 for a household containing 2 | ||||||
14 | persons; or (iii) less than $45,657 for a household | ||||||
15 | containing 3 or more persons; and | ||||||
16 | (4) (7) as of September 1, 2011, have a maximum | ||||||
17 | household income at or below 200% of the federal poverty | ||||||
18 | level. | ||||||
19 | All individuals enrolled as of December 31, 2005, in the | ||||||
20 | pharmaceutical assistance program operated pursuant to | ||||||
21 | subsection (f) of this Section and all individuals enrolled as | ||||||
22 | of December 31, 2005, in the SeniorCare Medicaid waiver program | ||||||
23 | operated pursuant to Section 5-5.12a of the Illinois Public Aid | ||||||
24 | Code shall be automatically enrolled in the program established | ||||||
25 | by this subsection for the first year of operation without the | ||||||
26 | need for further application, except that they must apply for |
| |||||||
| |||||||
1 | Medicare Part D and the Low Income Subsidy under Medicare Part | ||||||
2 | D. A person enrolled in the pharmaceutical assistance program | ||||||
3 | operated pursuant to subsection (f) of this Section as of | ||||||
4 | December 31, 2005, shall not lose eligibility in future years | ||||||
5 | due only to the fact that the person has they have not reached | ||||||
6 | the age of 65. | ||||||
7 | To the extent permitted by federal law, the Department may | ||||||
8 | act as an authorized representative of a beneficiary in order | ||||||
9 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
10 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
11 | where possible, to enroll beneficiaries in the low-income | ||||||
12 | subsidy program under Medicare Part D or assist them in | ||||||
13 | enrolling in that program. | ||||||
14 | Beneficiaries under the program established under this | ||||||
15 | subsection shall be divided into the following 4 eligibility | ||||||
16 | groups: | ||||||
17 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
18 | who are not eligible for Medicare Part D coverage and who
| ||||||
19 | are: | ||||||
20 | (i) disabled and under age 65; or | ||||||
21 | (ii) age 65 or older, with incomes over 200% of the | ||||||
22 | Federal Poverty Level; or | ||||||
23 | (iii) age 65 or older, with incomes at or below | ||||||
24 | 200% of the Federal Poverty Level and not eligible for | ||||||
25 | federally funded means-tested benefits due to | ||||||
26 | immigration status. |
| |||||||
| |||||||
1 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
2 | who are eligible for Medicare Part D coverage. | ||||||
3 | (C) Eligibility Group 3 shall consist of beneficiaries | ||||||
4 | age 65 or older, with incomes at or below 200% of the | ||||||
5 | Federal Poverty Level, who are not barred from receiving | ||||||
6 | federally funded means-tested benefits due to immigration | ||||||
7 | status and are not eligible for Medicare Part D coverage. | ||||||
8 | If the State applies and receives federal approval for | ||||||
9 | a waiver under Title XIX of the Social Security Act, | ||||||
10 | persons in Eligibility Group 3 shall continue to receive | ||||||
11 | benefits through the approved waiver, and Eligibility | ||||||
12 | Group 3 may be expanded to include disabled persons under | ||||||
13 | age 65 with incomes under 200% of the Federal Poverty Level | ||||||
14 | who are not eligible for Medicare and who are not barred | ||||||
15 | from receiving federally funded means-tested benefits due | ||||||
16 | to immigration status. | ||||||
17 | (D) Eligibility Group 4 shall consist of beneficiaries | ||||||
18 | who are otherwise described in Eligibility Group 2 who have | ||||||
19 | a diagnosis of HIV or AIDS.
| ||||||
20 | The program established under this subsection shall cover | ||||||
21 | the cost of covered prescription drugs in excess of the | ||||||
22 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
23 | that are not covered by Medicare. The Department of Healthcare | ||||||
24 | and Family Services may establish by emergency rule changes in | ||||||
25 | cost-sharing necessary to conform the cost of the program to | ||||||
26 | the amounts appropriated for State fiscal year 2012 and future |
| |||||||
| |||||||
1 | fiscal years except that the 24-month limitation on the | ||||||
2 | adoption of emergency rules and the provisions of Sections | ||||||
3 | 5-115 and 5-125 of the Illinois Administrative Procedure Act | ||||||
4 | shall not apply to rules adopted under this subsection (g). The | ||||||
5 | adoption of emergency rules authorized by this subsection (g) | ||||||
6 | shall be deemed to be necessary for the public interest, | ||||||
7 | safety, and welfare.
| ||||||
8 | For purposes of the program established under this | ||||||
9 | subsection, the term "covered prescription drug" has the | ||||||
10 | following meanings: | ||||||
11 | For Eligibility Group 1, "covered prescription drug" | ||||||
12 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
13 | insulin or other prescription drug used in the treatment of | ||||||
14 | diabetes, including syringe and needles used to administer | ||||||
15 | the insulin; (3) any prescription drug used in the | ||||||
16 | treatment of arthritis; (4) any prescription drug used in | ||||||
17 | the treatment of cancer; (5) any prescription drug used in | ||||||
18 | the treatment of Alzheimer's disease; (6) any prescription | ||||||
19 | drug used in the treatment of Parkinson's disease; (7) any | ||||||
20 | prescription drug used in the treatment of glaucoma; (8) | ||||||
21 | any prescription drug used in the treatment of lung disease | ||||||
22 | and smoking-related illnesses; (9) any prescription drug | ||||||
23 | used in the treatment of osteoporosis; and (10) any | ||||||
24 | prescription drug used in the treatment of multiple | ||||||
25 | sclerosis. The Department may add additional therapeutic | ||||||
26 | classes by rule. The Department may adopt a preferred drug |
| |||||||
| |||||||
1 | list within any of the classes of drugs described in items | ||||||
2 | (1) through (10) of this paragraph. The specific drugs or | ||||||
3 | therapeutic classes of covered prescription drugs shall be | ||||||
4 | indicated by rule. | ||||||
5 | For Eligibility Group 2, "covered prescription drug" | ||||||
6 | means those drugs covered by the Medicare Part D | ||||||
7 | Prescription Drug Plan in which the beneficiary is | ||||||
8 | enrolled. | ||||||
9 | For Eligibility Group 3, "covered prescription drug" | ||||||
10 | means those drugs covered by the Medical Assistance Program | ||||||
11 | under Article V of the Illinois Public Aid Code. | ||||||
12 | For Eligibility Group 4, "covered prescription drug" | ||||||
13 | means those drugs covered by the Medicare Part D | ||||||
14 | Prescription Drug Plan in which the beneficiary is | ||||||
15 | enrolled. | ||||||
16 | Any person otherwise eligible for pharmaceutical | ||||||
17 | assistance under this subsection whose covered drugs are | ||||||
18 | 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 | The Department of Healthcare and Family Services shall | ||||||
22 | establish by rule the methods by which it will provide for the | ||||||
23 | coverage called for in this subsection. Those methods may | ||||||
24 | include direct reimbursement to pharmacies or the payment of a | ||||||
25 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
26 | For a pharmacy to be reimbursed under the program |
| |||||||
| |||||||
1 | established under this subsection, it must comply with rules | ||||||
2 | adopted by the Department of Healthcare and Family Services | ||||||
3 | regarding coordination of benefits with Medicare Part D | ||||||
4 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
5 | Medicare-enrolled beneficiary of the program established under | ||||||
6 | this subsection more for a covered prescription drug than the | ||||||
7 | appropriate Medicare cost-sharing less any payment from or on | ||||||
8 | behalf of the Department of Healthcare and Family Services. | ||||||
9 | The Department of Healthcare and Family Services or the | ||||||
10 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
11 | applications, counting of income, proof of Medicare status, | ||||||
12 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
13 | and any other rules necessary for the cost-efficient operation | ||||||
14 | of the program established under this subsection. | ||||||
15 | (h) A qualified individual is not entitled to duplicate
| ||||||
16 | benefits in a coverage period as a result of the changes made
| ||||||
17 | by this amendatory Act of the 96th General Assembly.
| ||||||
18 | (Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333, | ||||||
19 | eff. 8-12-11; 97-689, eff. 6-14-12.)
| ||||||
20 | (320 ILCS 25/4.05) | ||||||
21 | Sec. 4.05. Application. | ||||||
22 | (a) The Department on Aging shall establish the content,
| ||||||
23 | required eligibility and identification information, use of
| ||||||
24 | social security numbers, and manner of applying for benefits in | ||||||
25 | a simplified format
under this Act , including claims filed for
|
| |||||||
| |||||||
1 | new or renewed prescription drug benefits . | ||||||
2 | (b) An application may be filed on paper or over the | ||||||
3 | Internet to enable persons to apply separately or for both a
| ||||||
4 | property tax relief grant and pharmaceutical assistance on the
| ||||||
5 | same application. An application may also enable persons to
| ||||||
6 | apply for other State or federal programs that provide medical
| ||||||
7 | or pharmaceutical assistance or other benefits, as determined
| ||||||
8 | by the Department on Aging in conjunction with the Department
| ||||||
9 | of Healthcare and Family Services . | ||||||
10 | (c) Applications must be filed during the time period
| ||||||
11 | prescribed by the Department.
| ||||||
12 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
13 | (320 ILCS 25/4.2 new) | ||||||
14 | Sec. 4.2. Information to the Department. Notwithstanding | ||||||
15 | any other law to the contrary, entities
subject to the Illinois | ||||||
16 | Insurance Code, Comprehensive Health
Insurance Plan Act, | ||||||
17 | Dental Service Plan Act, Children's
Health Insurance Program | ||||||
18 | Act, Health Care Purchasing Group
Act, Health Maintenance | ||||||
19 | Organization Act, Limited Health
Service Organization Act, | ||||||
20 | Voluntary Health Services Plans
Act, and the Workers' | ||||||
21 | Compensation Act, including, but not
limited to, insurers, | ||||||
22 | health maintenance organizations,
pharmacy benefit managers, | ||||||
23 | third party administrators,
fraternal benefit societies, | ||||||
24 | group-funded workers'
compensation pools, municipal | ||||||
25 | group-funded pools, self-funded
or self-insured welfare or |
| |||||||
| |||||||
1 | benefit plans or programs, and any
other entities that provide | ||||||
2 | health coverage through an
employer, union, trade association | ||||||
3 | or other organization or
source, or any other entities, must | ||||||
4 | provide information to
the Department, or its designee, that is | ||||||
5 | necessary to carry
out the purposes of this Act, including, but | ||||||
6 | not limited to,
the name, social security number, address, date | ||||||
7 | of birth, and
coverage of their policyholders, their | ||||||
8 | subscribers, or the
beneficiaries of their plans, benefits, or | ||||||
9 | services who
participate in the programs under this Act. The | ||||||
10 | provision of
this information to the Department or its designee | ||||||
11 | is subject
to the confidentiality provisions in Section 8a of | ||||||
12 | this Act.
| ||||||
13 | (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
| ||||||
14 | Sec. 5. Procedure.
| ||||||
15 | (a) In general. Claims must be filed after January 1, on | ||||||
16 | forms prescribed
by the Department. No claim may be filed more | ||||||
17 | than one year after December 31
of the year for which the claim | ||||||
18 | is filed.
| ||||||
19 | (b) Claim is Personal. The right to file a claim under this | ||||||
20 | Act
shall be personal to the claimant and shall not survive his | ||||||
21 | death, but
such right may be exercised on behalf of a claimant | ||||||
22 | by his legal
guardian or attorney-in-fact. If a claimant dies | ||||||
23 | after having filed a
timely claim, the amount thereof shall be | ||||||
24 | disbursed to his surviving spouse
or, if no spouse survives, to | ||||||
25 | his surviving dependent minor children in
equal parts, provided |
| |||||||
| |||||||
1 | the spouse or child, as the case may be, resided with
the | ||||||
2 | claimant at the time he filed his claim. If at the time of | ||||||
3 | disbursement
neither the claimant nor his spouse is surviving, | ||||||
4 | and no dependent minor
children of the claimant are surviving | ||||||
5 | the amount of the claim shall
escheat to the State.
| ||||||
6 | (c) One claim per household. Only one member of a household | ||||||
7 | may file
a claim under this Act in any calendar year; where | ||||||
8 | both members of a
household are otherwise entitled to claim a | ||||||
9 | grant under this Act, they
must agree as to which of them will | ||||||
10 | file a claim for that year.
| ||||||
11 | (d) (Blank).
| ||||||
12 | (e) Pharmaceutical Assistance Procedures.
The Prior to | ||||||
13 | July 1, 2012, the Department of Healthcare and Family Services | ||||||
14 | shall determine eligibility for pharmaceutical assistance | ||||||
15 | using
the applicant's current income. The Department shall | ||||||
16 | determine a person's
current income in the manner provided by | ||||||
17 | the Department by rule.
| ||||||
18 | (f) A person may not under any circumstances charge a fee | ||||||
19 | to a claimant under this Act for assistance in completing an | ||||||
20 | application form for a property tax relief grant or
| ||||||
21 | pharmaceutical assistance under this Act. | ||||||
22 | (Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10; | ||||||
23 | 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
| ||||||
24 | (320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
| ||||||
25 | Sec. 6. Administration.
|
| |||||||
| |||||||
1 | (a) In general. Upon receipt of a timely filed claim, the | ||||||
2 | Department
shall determine whether the claimant is a person | ||||||
3 | entitled to a grant under
this Act and the amount of grant to | ||||||
4 | which he is entitled under this Act.
The Department may require | ||||||
5 | the claimant to furnish reasonable proof of the
statements of | ||||||
6 | domicile, household income, rent paid, property taxes accrued
| ||||||
7 | and other matters on which entitlement is based, and may | ||||||
8 | withhold payment
of a grant until such additional proof is | ||||||
9 | furnished.
| ||||||
10 | (b) Rental determination. If the Department finds that the | ||||||
11 | gross rent
used in the computation by a claimant of rent | ||||||
12 | constituting property taxes
accrued exceeds the fair rental | ||||||
13 | value for the right to occupy that
residence, the Department | ||||||
14 | may determine the fair rental value for that
residence and | ||||||
15 | recompute rent constituting property taxes accrued | ||||||
16 | accordingly.
| ||||||
17 | (c) Fraudulent claims. The Department shall deny claims | ||||||
18 | which have been
fraudulently prepared or when it finds that the | ||||||
19 | claimant has acquired title
to his residence or has paid rent | ||||||
20 | for his residence primarily for the
purpose of receiving a | ||||||
21 | grant under this Act.
| ||||||
22 | (d) (Blank).
| ||||||
23 | (e) Pharmaceutical Assistance. The Department
shall allow | ||||||
24 | all pharmacies licensed under the Pharmacy Practice
Act to | ||||||
25 | participate as authorized pharmacies unless they have
been | ||||||
26 | removed from that status for cause pursuant to the terms
of |
| |||||||
| |||||||
1 | this Section. The Director of the Department may enter into
a | ||||||
2 | written contract with any State agency, instrumentality or
| ||||||
3 | political subdivision, or a fiscal intermediary for the purpose
| ||||||
4 | of making payments to authorized pharmacies for covered
| ||||||
5 | prescription drugs and coordinating the program of
| ||||||
6 | pharmaceutical assistance established by this Act with other
| ||||||
7 | programs that provide payment for covered prescription drugs.
| ||||||
8 | Such agreement shall establish procedures for properly
| ||||||
9 | contracting for pharmacy services, validating reimbursement
| ||||||
10 | claims, validating compliance of dispensing pharmacists with
| ||||||
11 | the contracts for participation required under this Section,
| ||||||
12 | validating the reasonable costs of covered prescription drugs,
| ||||||
13 | and otherwise providing for the effective administration of
| ||||||
14 | this Act. | ||||||
15 | The Department shall promulgate rules and regulations to
| ||||||
16 | implement and administer the program of pharmaceutical
| ||||||
17 | assistance required by this Act, which shall include the
| ||||||
18 | following: | ||||||
19 | (1) Execution of contracts with pharmacies to dispense
| ||||||
20 | covered prescription drugs. Such contracts shall stipulate
| ||||||
21 | terms and conditions for authorized pharmacies
| ||||||
22 | participation and the rights of the State to terminate such
| ||||||
23 | participation for breach of such contract or for violation
| ||||||
24 | of this Act or related rules and regulations of the
| ||||||
25 | Department; | ||||||
26 | (2) Establishment of maximum limits on the size of
|
| |||||||
| |||||||
1 | prescriptions, new or refilled, which shall be in amounts
| ||||||
2 | sufficient for 34 days, except as otherwise specified by
| ||||||
3 | rule for medical or utilization control reasons; | ||||||
4 | (3) Establishment of liens upon any and all causes of
| ||||||
5 | action which accrue to a beneficiary as a result of
| ||||||
6 | injuries for which covered prescription drugs are directly
| ||||||
7 | or indirectly required and for which the Director made
| ||||||
8 | payment or became liable for under this Act; | ||||||
9 | (4) Charge or collection of payments from third parties
| ||||||
10 | or private plans of assistance, or from other programs of
| ||||||
11 | public assistance for any claim that is properly chargeable
| ||||||
12 | under the assignment of benefits executed by beneficiaries
| ||||||
13 | as a requirement of eligibility for the pharmaceutical
| ||||||
14 | assistance identification card under this Act; | ||||||
15 | (4.5) Provision for automatic enrollment of
| ||||||
16 | beneficiaries into a Medicare Discount Card program
| ||||||
17 | authorized under the federal Medicare Modernization Act of
| ||||||
18 | 2003 (P.L. 108-391) to coordinate coverage including
| ||||||
19 | Medicare Transitional Assistance; | ||||||
20 | (5) Inspection of appropriate records and audit of
| ||||||
21 | participating authorized pharmacies to ensure contract
| ||||||
22 | compliance, and to determine any fraudulent transactions
| ||||||
23 | or practices under this Act; | ||||||
24 | (6) Annual determination of the reasonable costs of
| ||||||
25 | covered prescription drugs for which payments are made
| ||||||
26 | under this Act, as provided in Section 3.16 (now repealed); |
| |||||||
| |||||||
1 | (7) Payment to pharmacies under this Act in accordance
| ||||||
2 | with the State Prompt Payment Act. | ||||||
3 | The Department shall annually report to the Governor and
| ||||||
4 | the General Assembly by March 1st of each year on the
| ||||||
5 | administration of pharmaceutical assistance under this Act. By
| ||||||
6 | the effective date of this Act the Department shall determine
| ||||||
7 | the reasonable costs of covered prescription drugs in
| ||||||
8 | accordance with Section 3.16 of this Act (now repealed). | ||||||
9 | (Source: P.A. 96-328, eff. 8-11-09; 97-333, eff. 8-12-11; | ||||||
10 | 97-689, eff. 6-14-12.)
| ||||||
11 | (320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
| ||||||
12 | Sec. 7. Payment and denial of claims. | ||||||
13 | (a) In general. The Director shall order the payment from | ||||||
14 | appropriations
made for that purpose of grants to claimants | ||||||
15 | under this Act in the amounts
to which the Department has | ||||||
16 | determined they are entitled, respectively. If
a claim is | ||||||
17 | denied, the Director shall cause written notice of that denial
| ||||||
18 | and the reasons for that denial to be sent to the claimant.
| ||||||
19 | (b) Payment of claims one dollar and under. Where the | ||||||
20 | amount of the
grant computed under Section 4 is less than one | ||||||
21 | dollar, the Department
shall pay to the claimant one dollar.
| ||||||
22 | (c) Right to appeal. Any person aggrieved by an action or | ||||||
23 | determination of
the Department on Aging arising under any of | ||||||
24 | its powers or
duties under this Act may request in writing that | ||||||
25 | the
Department on Aging reconsider its action or determination,
|
| |||||||
| |||||||
1 | setting out the facts upon which the request is based. The
| ||||||
2 | Department on Aging shall consider the request and either
| ||||||
3 | modify or affirm its prior action or determination. The
| ||||||
4 | Department on Aging may adopt, by rule, procedures for | ||||||
5 | conducting
its review under this Section.
| ||||||
6 | Any person aggrieved by an action or determination of the
| ||||||
7 | Department of Healthcare and Family Services arising under any
| ||||||
8 | of its powers or duties under this Act may request in writing
| ||||||
9 | that the Department of Healthcare and Family Services
| ||||||
10 | reconsider its action or determination, setting out the facts
| ||||||
11 | upon which the request is based. The Department of Healthcare
| ||||||
12 | and Family Services shall consider the request and either
| ||||||
13 | modify or affirm its prior action or determination. The
| ||||||
14 | Department of Healthcare and Family Services may adopt, by
| ||||||
15 | rule, procedures for conducting its review under this Section. | ||||||
16 | (d) (Blank).
| ||||||
17 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
18 | (320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
| ||||||
19 | Sec. 8. Records. Every claimant of a grant under this Act | ||||||
20 | and , prior to July 1, 2012, every applicant for pharmaceutical | ||||||
21 | assistance under this Act shall keep such records, render
such | ||||||
22 | statements, file such forms and comply with such rules and | ||||||
23 | regulations
as the Department on Aging may from time to time | ||||||
24 | prescribe. The Department on Aging may by
regulations require | ||||||
25 | landlords to furnish to tenants statements as to gross
rent or |
| |||||||
| |||||||
1 | rent constituting property taxes accrued.
| ||||||
2 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
3 | (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| ||||||
4 | Sec. 9. Fraud; error. | ||||||
5 | (a) Any person who files a fraudulent claim
for a grant | ||||||
6 | under this Act, or who for compensation prepares a claim
for a | ||||||
7 | grant and
knowingly enters false information on an application | ||||||
8 | for any claimant under
this Act, or who fraudulently files | ||||||
9 | multiple applications, or who
fraudulently states that a | ||||||
10 | nondisabled person is disabled, or who , prior to July 1, 2012, | ||||||
11 | fraudulently procures pharmaceutical assistance benefits, or
| ||||||
12 | who fraudulently uses such assistance to procure covered | ||||||
13 | prescription drugs, or
who, on behalf of an authorized | ||||||
14 | pharmacy, files a fraudulent request for payment, is
guilty of | ||||||
15 | a Class 4 felony for the first offense and is guilty of a Class | ||||||
16 | 3
felony for each subsequent offense. | ||||||
17 | (b) (Blank). | ||||||
18 | (b-5) The Department on Aging and the Department of
| ||||||
19 | Healthcare and Family Services shall immediately suspend the
| ||||||
20 | pharmaceutical assistance benefits of any person suspected of
| ||||||
21 | fraudulent procurement or fraudulent use of such assistance,
| ||||||
22 | and shall revoke such assistance upon a conviction. A person
| ||||||
23 | convicted of fraud under subsection (a) shall be permanently
| ||||||
24 | barred from all of the programs established under this Act. | ||||||
25 | (c) The Department on Aging may recover from a
claimant any |
| |||||||
| |||||||
1 | amount paid to that claimant under this
Act on account of an | ||||||
2 | erroneous or
fraudulent claim, together with 6% interest per | ||||||
3 | year. Amounts
recoverable from a claimant by the Department on | ||||||
4 | Aging under
this Act may, but need not, be recovered by | ||||||
5 | offsetting the
amount owed against any future grant payable to | ||||||
6 | the person
under this Act. | ||||||
7 | The Department of Healthcare and Family Services may
| ||||||
8 | recover for acts prior to July 1, 2012 from an authorized | ||||||
9 | pharmacy any amount paid to that
pharmacy under the | ||||||
10 | pharmaceutical assistance program on
account of an erroneous or | ||||||
11 | fraudulent request for payment under
that program, together | ||||||
12 | with 6% interest per year. The
Department of Healthcare and | ||||||
13 | Family Services may recover from a
person who erroneously or | ||||||
14 | fraudulently obtains benefits under
the pharmaceutical | ||||||
15 | assistance program the value of the benefits
so obtained, | ||||||
16 | together with 6% interest per year. | ||||||
17 | (d) A prosecution for
a violation of this Section may be | ||||||
18 | commenced at any time within 3 years
of the commission of that | ||||||
19 | violation.
| ||||||
20 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
21 | (320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
| ||||||
22 | Sec. 12. Regulations - Department on Aging.
| ||||||
23 | (a) Regulations. Notwithstanding any other provision to | ||||||
24 | the contrary,
the Department on Aging may adopt rules regarding | ||||||
25 | applications,
proof of eligibility, required identification |
| |||||||
| |||||||
1 | information, use
of social security numbers, counting of | ||||||
2 | income, and a method of
computing "gross rent" in the case of a | ||||||
3 | claimant living in a
nursing or sheltered care home, and any | ||||||
4 | other rules necessary
for the cost-efficient operation of the | ||||||
5 | program established
under Section 4.
| ||||||
6 | (b) The Department on Aging shall, to the extent of | ||||||
7 | appropriations made
for that purpose:
| ||||||
8 | (1) attempt to secure the cooperation of appropriate | ||||||
9 | federal, State and
local agencies in securing the names and | ||||||
10 | addresses of persons to whom this
Act pertains;
| ||||||
11 | (2) prepare a mailing list of persons eligible for | ||||||
12 | grants under this Act;
| ||||||
13 | (3) secure the cooperation of the Department of | ||||||
14 | Revenue, the Department of Healthcare and Family Services, | ||||||
15 | other State agencies, and local
business establishments to | ||||||
16 | facilitate distribution of applications
under this Act to | ||||||
17 | those eligible to file claims; and
| ||||||
18 | (4) through use of direct mail, newspaper | ||||||
19 | advertisements and radio and
television advertisements, | ||||||
20 | and all other appropriate means of
communication, conduct | ||||||
21 | an on-going public relations program to increase
awareness | ||||||
22 | of eligible citizens of the benefits under this Act and the
| ||||||
23 | procedures for applying for them.
| ||||||
24 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
25 | (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
|
| |||||||
| |||||||
1 | Sec. 13. List of persons who have qualified. The Department | ||||||
2 | on Aging shall maintain a list of all
persons who have | ||||||
3 | qualified under this Act and shall make the list
available to | ||||||
4 | the Department of Healthcare and Family Services, the | ||||||
5 | Department of Public Health, the Secretary of State, | ||||||
6 | municipalities, and public transit authorities upon request.
| ||||||
7 | All information received by a State agency, municipality, | ||||||
8 | or public transit authority under this Section
shall be | ||||||
9 | confidential, except for official purposes, and any
person who | ||||||
10 | divulges or uses that information in any manner,
except in | ||||||
11 | accordance with a proper judicial order, shall be
guilty of a | ||||||
12 | Class B misdemeanor.
| ||||||
13 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
14 | Section 45. The Senior Citizens Real Estate Tax Deferral | ||||||
15 | Act is amended by changing Sections 2 and 8 as follows:
| ||||||
16 | (320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
| ||||||
17 | Sec. 2. Definitions. As used in this Act:
| ||||||
18 | (a) "Taxpayer" means an individual whose household income | ||||||
19 | for the year
is no greater than: (i) $40,000 through tax year | ||||||
20 | 2005; (ii) $50,000 for tax years 2006 through 2011; and (iii) | ||||||
21 | $55,000 for tax year 2012 and thereafter.
| ||||||
22 | (b) "Tax deferred property" means the property upon which | ||||||
23 | real
estate taxes are deferred under this Act.
| ||||||
24 | (c) "Homestead" means the land and buildings thereon, |
| |||||||
| |||||||
1 | including a
condominium or a dwelling unit in a multidwelling | ||||||
2 | building that is owned and
operated as a cooperative, occupied | ||||||
3 | by the taxpayer as his residence or which
are temporarily | ||||||
4 | unoccupied by the taxpayer because such taxpayer is temporarily
| ||||||
5 | residing, for not more than 1 year, in a licensed facility as | ||||||
6 | defined in
Section 1-113 of the Nursing Home Care Act.
| ||||||
7 | (d) "Real estate taxes" or "taxes" means the taxes on real | ||||||
8 | property for
which the taxpayer would be liable under the | ||||||
9 | Property Tax Code, including special service area taxes, and | ||||||
10 | special assessments on
benefited real property for which the | ||||||
11 | taxpayer would be liable to a unit of
local government.
| ||||||
12 | (e) "Department" means the Department of Revenue.
| ||||||
13 | (f) "Qualifying property" means a homestead which (a) the | ||||||
14 | taxpayer or the
taxpayer and his spouse own in fee simple or | ||||||
15 | are purchasing in fee simple under
a recorded instrument of | ||||||
16 | sale, (b) is not income-producing property, (c) is not
subject | ||||||
17 | to a lien for unpaid real estate taxes when a claim under this | ||||||
18 | Act is
filed, and (d) is not held in trust, other than an | ||||||
19 | Illinois land trust with the taxpayer identified as the sole | ||||||
20 | beneficiary, if the taxpayer is filing for the program for the | ||||||
21 | first time effective as of the January 1, 2011 assessment year | ||||||
22 | or tax year 2012 and thereafter.
| ||||||
23 | (g) "Equity interest" means the current assessed valuation | ||||||
24 | of the qualified
property times the fraction necessary to | ||||||
25 | convert that figure to full market
value minus any outstanding | ||||||
26 | debts or liens on that property. In the case of
qualifying |
| |||||||
| |||||||
1 | property not having a separate assessed valuation, the | ||||||
2 | appraised
value as determined by a qualified real estate | ||||||
3 | appraiser shall be used instead
of the current assessed | ||||||
4 | valuation.
| ||||||
5 | (h) "Household income" has the meaning ascribed to that | ||||||
6 | term in the Senior
Citizens and Disabled Persons Property Tax | ||||||
7 | Relief
and Pharmaceutical Assistance Act.
| ||||||
8 | (i) "Collector" means the county collector or, if the taxes | ||||||
9 | to be deferred
are special assessments, an official designated | ||||||
10 | by a unit of local government
to collect special assessments.
| ||||||
11 | (Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
| ||||||
12 | (320 ILCS 30/8) (from Ch. 67 1/2, par. 458)
| ||||||
13 | Sec. 8.
Nothing in this Act (a) affects any provision of
| ||||||
14 | any mortgage or other instrument relating to land requiring a
| ||||||
15 | person to pay real estate taxes or (b) affects the eligibility | ||||||
16 | of any
person to receive any grant pursuant to the "Senior | ||||||
17 | Citizens and Disabled
Persons Property Tax Relief and | ||||||
18 | Pharmaceutical Assistance Act".
| ||||||
19 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
20 | Section 49. Senior Pharmaceutical Assistance Act is | ||||||
21 | amended by changing Section 5
| ||||||
22 | (320 ILCS 50/5)
| ||||||
23 | Sec. 5. Findings. The General Assembly finds:
|
| |||||||
| |||||||
1 | (1) Senior citizens identify pharmaceutical assistance as | ||||||
2 | the single most
critical factor to their health, well-being, | ||||||
3 | and continued independence.
| ||||||
4 | (2) The State of Illinois currently operates 2 | ||||||
5 | pharmaceutical assistance
programs that benefit seniors: (i) | ||||||
6 | the program of pharmaceutical assistance
under
the Senior | ||||||
7 | Citizens and Disabled Persons Property Tax Relief and | ||||||
8 | Pharmaceutical Assistance Act and (ii) the Aid to the Aged, | ||||||
9 | Blind, or Disabled program under
the
Illinois Public Aid Code. | ||||||
10 | The State has been given authority to establish a
third | ||||||
11 | program, SeniorRx Care, through a federal Medicaid waiver.
| ||||||
12 | (3) Each year, numerous pieces of legislation are filed | ||||||
13 | seeking to
establish additional pharmaceutical assistance | ||||||
14 | benefits for seniors or to make
changes to the existing | ||||||
15 | programs.
| ||||||
16 | (4) Establishment of a pharmaceutical assistance review | ||||||
17 | committee will
ensure proper coordination of benefits, | ||||||
18 | diminish the likelihood of duplicative
benefits, and ensure | ||||||
19 | that the best interests of seniors are served.
| ||||||
20 | (5) In addition to the State pharmaceutical assistance | ||||||
21 | programs, several
private entities, such as drug manufacturers | ||||||
22 | and pharmacies, also offer
prescription drug discount or | ||||||
23 | coverage programs.
| ||||||
24 | (6) Many seniors are unaware of the myriad of public and | ||||||
25 | private programs
available to them.
| ||||||
26 | (7) Establishing a pharmaceutical clearinghouse with a |
| |||||||
| |||||||
1 | toll-free hot-line
and local outreach workers will educate | ||||||
2 | seniors about the vast array of options
available to them and | ||||||
3 | enable seniors to make an educated and informed choice
that is | ||||||
4 | best for them.
| ||||||
5 | (8) Estimates indicate that almost one-third of senior | ||||||
6 | citizens lack
prescription drug coverage. The federal | ||||||
7 | government, states, and the
pharmaceutical industry each have a | ||||||
8 | role in helping these uninsured seniors
gain
access to | ||||||
9 | life-saving medications.
| ||||||
10 | (9) The State of Illinois has recognized its obligation to | ||||||
11 | assist
Illinois' neediest seniors in purchasing prescription | ||||||
12 | medications, and it is
now
time for pharmaceutical | ||||||
13 | manufacturers to recognize their obligation to make
their | ||||||
14 | medications affordable to seniors.
| ||||||
15 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
16 | Section 50. The Illinois Vehicle Code is amended by | ||||||
17 | changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3, | ||||||
18 | and 11-1301.2 as follows:
| ||||||
19 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
20 | Sec. 3-609. Disabled Veterans' Plates. Any veteran may make | ||||||
21 | application for the registration of one motor
vehicle of the | ||||||
22 | first division or one motor vehicle of the second division
| ||||||
23 | weighing not more than 8,000 pounds to the Secretary of State | ||||||
24 | without the payment of any
registration fee if (i) the veteran |
| |||||||
| |||||||
1 | holds proof of a service-connected disability from the United | ||||||
2 | States Department of Veterans Affairs and (ii) a licensed | ||||||
3 | physician, physician assistant, or advanced practice nurse has | ||||||
4 | certified in accordance with Section 3-616 that because of the | ||||||
5 | service-connected disability the veteran qualifies for | ||||||
6 | issuance of registration plates or decals to a person with | ||||||
7 | disabilities. The Secretary may, in his or her discretion, | ||||||
8 | allow the plates to be issued as vanity or personalized plates | ||||||
9 | in accordance with Section 3-405.1 of this Code. Registration | ||||||
10 | shall be for a multi-year period and may be issued staggered | ||||||
11 | registration.
| ||||||
12 | Renewal of such registration must be accompanied with | ||||||
13 | documentation
for eligibility of registration without fee | ||||||
14 | unless the applicant has a
permanent qualifying disability, and | ||||||
15 | such registration plates may not be
issued to any person not | ||||||
16 | eligible therefor.
| ||||||
17 | The Illinois Department of Veterans' Affairs may assist in | ||||||
18 | providing the
documentation of disability.
| ||||||
19 | Commencing with the 2009 registration year, any person | ||||||
20 | eligible to receive license plates under this Section who has | ||||||
21 | been approved for benefits under the Senior Citizens and | ||||||
22 | Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
23 | Assistance Act, or who has claimed and received a grant under | ||||||
24 | that Act, shall pay a fee of $24 instead of the fee otherwise | ||||||
25 | provided in this Code for passenger cars displaying standard | ||||||
26 | multi-year registration plates issued under Section 3-414.1, |
| |||||||
| |||||||
1 | for motor vehicles registered at 8,000 pounds or less under | ||||||
2 | Section 3-815(a), or for recreational vehicles registered at | ||||||
3 | 8,000 pounds or less under Section 3-815(b), for a second set | ||||||
4 | of plates under this Section.
| ||||||
5 | (Source: P.A. 96-79, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
6 | (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
| ||||||
7 | Sec. 3-623. Purple Heart Plates. The Secretary, upon | ||||||
8 | receipt of an
application made in the form prescribed by the | ||||||
9 | Secretary of State, may
issue to recipients awarded the Purple | ||||||
10 | Heart by a branch of the armed
forces of the United States who | ||||||
11 | reside in Illinois,
special
registration plates. The | ||||||
12 | Secretary, upon receipt of the proper application, may also | ||||||
13 | issue these special registration plates to an Illinois resident | ||||||
14 | who is the surviving spouse of a person who was awarded the | ||||||
15 | Purple Heart by a branch of the armed forces of the United | ||||||
16 | States. The special plates issued pursuant to this Section
| ||||||
17 | should be affixed only to passenger vehicles of the 1st | ||||||
18 | division, including
motorcycles, or motor
vehicles of the 2nd | ||||||
19 | division weighing not more than 8,000 pounds. The Secretary | ||||||
20 | may, in his or her discretion, allow the plates to be issued as | ||||||
21 | vanity or personalized plates in accordance with Section | ||||||
22 | 3-405.1 of this Code.
The Secretary of State must make a | ||||||
23 | version of the special registration plates authorized under | ||||||
24 | this Section in a form appropriate for motorcycles.
| ||||||
25 | The design and color of such plates shall be wholly within |
| |||||||
| |||||||
1 | the discretion
of the Secretary of State. Appropriate | ||||||
2 | documentation, as determined by the
Secretary, and the | ||||||
3 | appropriate registration fee shall
accompany the application.
| ||||||
4 | However, for an individual who has been issued Purple Heart | ||||||
5 | plates for a
vehicle and who has been approved for benefits | ||||||
6 | under the Senior Citizens and
Disabled Persons Property Tax | ||||||
7 | Relief and Pharmaceutical Assistance Act, the annual fee for
| ||||||
8 | the registration of the vehicle shall be as provided in Section | ||||||
9 | 3-806.3 of
this Code.
| ||||||
10 | (Source: P.A. 96-1101, eff. 1-1-11; 97-689, eff. 6-14-12.)
| ||||||
11 | (625 ILCS 5/3-626)
| ||||||
12 | Sec. 3-626. Korean War Veteran license plates.
| ||||||
13 | (a) In addition to any other special license plate, the | ||||||
14 | Secretary, upon
receipt of all applicable fees and applications | ||||||
15 | made in the form prescribed by
the Secretary of State, may | ||||||
16 | issue special registration plates designated as
Korean War | ||||||
17 | Veteran license plates to
residents of Illinois who | ||||||
18 | participated in the United States Armed Forces during
the | ||||||
19 | Korean War. The special plate issued under this Section shall | ||||||
20 | be affixed
only to passenger vehicles of the first division, | ||||||
21 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
22 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
23 | Section 1-169 of this Code. Plates issued under this Section | ||||||
24 | shall
expire according to the staggered multi-year procedure | ||||||
25 | established by Section
3-414.1 of this Code.
|
| |||||||
| |||||||
1 | (b) The design, color, and format of the plates shall be | ||||||
2 | wholly
within the discretion of the Secretary of State. The | ||||||
3 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
4 | issued as vanity plates or personalized
in accordance with | ||||||
5 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
6 | designate "Land Of Lincoln", as prescribed in subsection (b) of | ||||||
7 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
8 | eligibility requirements
and, in his or her discretion, shall | ||||||
9 | approve and prescribe stickers or decals
as provided under | ||||||
10 | Section 3-412.
| ||||||
11 | (c) (Blank).
| ||||||
12 | (d) The Korean War Memorial Construction Fund is created as | ||||||
13 | a special fund
in the State treasury. All moneys in the Korean | ||||||
14 | War Memorial Construction Fund
shall, subject to | ||||||
15 | appropriation, be used by the Department of Veteran Affairs
to | ||||||
16 | provide grants for construction of the Korean War Memorial to | ||||||
17 | be located at
Oak Ridge Cemetery in Springfield, Illinois. Upon | ||||||
18 | the completion of the
Memorial, the Department of Veteran | ||||||
19 | Affairs shall certify to the State
Treasurer that the | ||||||
20 | construction of the Memorial has been completed. Upon the
| ||||||
21 | certification by the Department of Veteran Affairs, the State | ||||||
22 | Treasurer shall
transfer all moneys in the Fund and any future | ||||||
23 | deposits into the Fund into the
Secretary of State Special | ||||||
24 | License Plate
Fund.
| ||||||
25 | (e) An individual who has been issued Korean War Veteran | ||||||
26 | license plates
for a vehicle
and who has been approved for |
| |||||||
| |||||||
1 | benefits under the Senior Citizens and Disabled
Persons | ||||||
2 | Property Tax Relief and Pharmaceutical Assistance Act shall pay
| ||||||
3 | the original issuance and the regular annual fee for the | ||||||
4 | registration of the
vehicle as provided in Section 3-806.3 of | ||||||
5 | this Code in addition to the fees
specified in subsection (c) | ||||||
6 | of this Section.
| ||||||
7 | (Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
| ||||||
8 | (625 ILCS 5/3-667)
| ||||||
9 | Sec. 3-667. Korean Service license plates. | ||||||
10 | (a) In addition to any other special license plate, the | ||||||
11 | Secretary, upon
receipt of all applicable fees and applications | ||||||
12 | made in the form prescribed by
the Secretary of State, may | ||||||
13 | issue special registration plates designated as
Korean Service | ||||||
14 | license plates to
residents of Illinois who, on or after July | ||||||
15 | 27, 1954, participated in the United States Armed Forces in | ||||||
16 | Korea. The special plate issued under this Section shall be | ||||||
17 | affixed
only to passenger vehicles of the first division, | ||||||
18 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
19 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
20 | Section 1-169 of this Code. Plates issued under this Section | ||||||
21 | shall
expire according to the staggered multi-year procedure | ||||||
22 | established by Section
3-414.1 of this Code. | ||||||
23 | (b) The design, color, and format of the plates shall be | ||||||
24 | wholly
within the discretion of the Secretary of State. The | ||||||
25 | Secretary may, in his or
her discretion, allow the plates to be |
| |||||||
| |||||||
1 | issued as vanity or personalized
plates in accordance with | ||||||
2 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
3 | designate "Land of
Lincoln", as prescribed in subsection (b) of | ||||||
4 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
5 | eligibility requirements
and, in his or her discretion, shall | ||||||
6 | approve and prescribe stickers or decals
as provided under | ||||||
7 | Section 3-412.
| ||||||
8 | (c) An applicant shall be charged a $2 fee for original | ||||||
9 | issuance
in addition to the applicable registration fee. This | ||||||
10 | additional fee shall be deposited into the Korean War Memorial | ||||||
11 | Construction Fund a special fund in the State treasury.
| ||||||
12 | (d) An individual who has been issued Korean Service | ||||||
13 | license plates
for a vehicle
and who has been approved for | ||||||
14 | benefits under the Senior Citizens and Disabled
Persons | ||||||
15 | Property Tax Relief and Pharmaceutical Assistance Act shall pay
| ||||||
16 | the original issuance and the regular annual fee for the | ||||||
17 | registration of the
vehicle as provided in Section 3-806.3 of | ||||||
18 | this Code in addition to the fees
specified in subsection (c) | ||||||
19 | of this Section.
| ||||||
20 | (Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
| ||||||
21 | (625 ILCS 5/3-683)
| ||||||
22 | Sec. 3-683. Distinguished Service Cross license plates. | ||||||
23 | The Secretary, upon receipt of an
application made in the form | ||||||
24 | prescribed by the Secretary of State, shall
issue special
| ||||||
25 | registration plates to any Illinois resident who has been |
| |||||||
| |||||||
1 | awarded the Distinguished Service Cross by a branch of the | ||||||
2 | armed
forces of the United States. The Secretary, upon receipt | ||||||
3 | of the proper application, shall also issue these special | ||||||
4 | registration plates to an Illinois resident who is the | ||||||
5 | surviving spouse of a person who was awarded the Distinguished | ||||||
6 | Service Cross by a branch of the armed forces of the United | ||||||
7 | States. The special plates issued under this Section
should be | ||||||
8 | affixed only to passenger vehicles of the first division, | ||||||
9 | including
motorcycles, or motor
vehicles of the second division | ||||||
10 | weighing not more than 8,000 pounds. | ||||||
11 | The design and color of the plates shall be wholly within | ||||||
12 | the discretion
of the Secretary of State. Appropriate | ||||||
13 | documentation, as determined by the
Secretary, and the | ||||||
14 | appropriate registration fee shall
accompany the application.
| ||||||
15 | However, for an individual who has been issued Distinguished | ||||||
16 | Service Cross plates for a
vehicle and who has been approved | ||||||
17 | for benefits under the Senior Citizens and
Disabled Persons | ||||||
18 | Property Tax Relief and Pharmaceutical Assistance Act, the | ||||||
19 | annual fee for
the registration of the vehicle shall be as | ||||||
20 | provided in Section 3-806.3 of
this Code.
| ||||||
21 | (Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
| ||||||
22 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
23 | Sec. 3-806.3. Senior Citizens.
Commencing with the 2009 | ||||||
24 | registration year, the registration fee paid by
any vehicle | ||||||
25 | owner who has been approved for benefits under the Senior
|
| |||||||
| |||||||
1 | Citizens and Disabled Persons Property Tax Relief
and | ||||||
2 | Pharmaceutical Assistance Act or who is the spouse of such a | ||||||
3 | person shall be $24 instead of the fee
otherwise provided in | ||||||
4 | this Code for passenger cars displaying standard
multi-year | ||||||
5 | registration plates issued under Section 3-414.1, motor | ||||||
6 | vehicles
displaying special registration plates issued under | ||||||
7 | Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, | ||||||
8 | 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, or 3-663, | ||||||
9 | motor vehicles registered at 8,000 pounds or less under Section
| ||||||
10 | 3-815(a), and recreational vehicles registered at 8,000 pounds | ||||||
11 | or less under
Section 3-815(b). Widows and widowers of | ||||||
12 | claimants shall also be entitled to
this reduced registration | ||||||
13 | fee for the registration year in which the claimant
was | ||||||
14 | 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 | 3-651, 3-663, or 3-664, motor vehicles registered at 8,000 | ||||||
26 | pounds or less under Section
3-815(a), and recreational |
| |||||||
| |||||||
1 | vehicles registered at 8,000 pounds or less under
Section | ||||||
2 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
3 | entitled to
this reduced registration fee for the registration | ||||||
4 | year in which the 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. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
13 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
14 | Sec. 11-1301.2. Special decals for parking; persons with | ||||||
15 | disabilities.
| ||||||
16 | (a) The Secretary of State shall provide for, by | ||||||
17 | administrative rules, the
design, size, color, and placement of | ||||||
18 | a person with disabilities motorist decal
or device
and shall | ||||||
19 | provide for, by administrative
rules, the content and form of | ||||||
20 | an application for a person with disabilities
motorist decal or | ||||||
21 | device,
which shall be used by local authorities in the | ||||||
22 | issuance thereof to a
person with temporary disabilities, | ||||||
23 | provided that the decal or device is
valid for no more than 90 | ||||||
24 | days, subject to renewal for like periods based upon
continued | ||||||
25 | disability, and further provided that the decal or device |
| |||||||
| |||||||
1 | clearly
sets forth the date that the decal or device expires.
| ||||||
2 | The application shall
include the requirement of an Illinois | ||||||
3 | Identification Card number or a State
of Illinois driver's | ||||||
4 | license number.
This decal or device may be used by the | ||||||
5 | authorized holder to designate and identify a vehicle not owned | ||||||
6 | or displaying a
registration plate as provided in Sections | ||||||
7 | 3-609 and 3-616 of this Act to
designate when the vehicle is | ||||||
8 | being used to transport said person or persons
with | ||||||
9 | disabilities, and thus is entitled to enjoy all the privileges | ||||||
10 | that would
be afforded a person with disabilities licensed | ||||||
11 | vehicle.
Person with disabilities decals or devices issued and | ||||||
12 | displayed pursuant to
this Section shall be recognized and | ||||||
13 | honored by all local authorities
regardless of which local | ||||||
14 | authority issued such decal or device.
| ||||||
15 | The decal or device shall be issued only upon a showing by | ||||||
16 | adequate
documentation that the person for whose benefit the | ||||||
17 | decal or device is to be
used has a temporary disability as | ||||||
18 | defined in Section 1-159.1 of this
Code.
| ||||||
19 | (b) The local governing authorities shall be responsible | ||||||
20 | for the provision
of such decal or device, its issuance and | ||||||
21 | designated placement within the
vehicle. The cost of such decal | ||||||
22 | or device shall be at the discretion of
such local governing | ||||||
23 | authority.
| ||||||
24 | (c) The Secretary of State may, pursuant to Section | ||||||
25 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
26 | device to a person with
disabilities as defined by Section |
| |||||||
| |||||||
1 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
2 | issued by the Secretary of State shall be registered to
that | ||||||
3 | person with disabilities in the form to be prescribed by the | ||||||
4 | Secretary of
State. The person with disabilities parking decal | ||||||
5 | or device shall not display
that person's address. One | ||||||
6 | additional decal or device may be issued to an
applicant upon | ||||||
7 | his or her written request and with the approval of the
| ||||||
8 | Secretary of
State.
The written request must include a | ||||||
9 | justification of the need for the
additional decal or device.
| ||||||
10 | (d) Replacement decals or devices may be issued for lost, | ||||||
11 | stolen, or
destroyed decals upon application and payment of a | ||||||
12 | $10 fee. The replacement
fee may be waived for individuals that | ||||||
13 | have claimed and received a grant under
the Senior Citizens and | ||||||
14 | Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
15 | Assistance Act.
| ||||||
16 | (Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000, | ||||||
17 | eff. 7-2-10; 97-689, eff. 6-14-12.)
| ||||||
18 | Section 55. The Criminal Code of 1961 is amended by | ||||||
19 | changing Section 17-6.5 as follows:
| ||||||
20 | (720 ILCS 5/17-6.5)
| ||||||
21 | Sec. 17-6.5. Persons under deportation order; | ||||||
22 | ineligibility for benefits. | ||||||
23 | (a) An individual against whom a United States Immigration | ||||||
24 | Judge
has issued an order of deportation which has been |
| |||||||
| |||||||
1 | affirmed by the Board of
Immigration Review, as well as an | ||||||
2 | individual who appeals such an order
pending appeal, under | ||||||
3 | paragraph 19 of Section 241(a) of the
Immigration and | ||||||
4 | Nationality Act relating to persecution of others on
account of | ||||||
5 | race, religion, national origin or political opinion under the
| ||||||
6 | direction of or in association with the Nazi government of | ||||||
7 | Germany or its
allies, shall be ineligible for the following | ||||||
8 | benefits authorized by State law: | ||||||
9 | (1) The homestead exemptions and homestead improvement
| ||||||
10 | exemption under Sections 15-170, 15-175, 15-176, and | ||||||
11 | 15-180 of the Property Tax Code. | ||||||
12 | (2) Grants under the Senior Citizens and Disabled | ||||||
13 | Persons Property Tax
Relief and Pharmaceutical Assistance | ||||||
14 | Act. | ||||||
15 | (3) The double income tax exemption conferred upon | ||||||
16 | persons 65 years of
age or older by Section 204 of the | ||||||
17 | Illinois Income Tax Act. | ||||||
18 | (4) Grants provided by the Department on Aging. | ||||||
19 | (5) Reductions in vehicle registration fees under | ||||||
20 | Section 3-806.3 of the
Illinois Vehicle Code. | ||||||
21 | (6) Free fishing and reduced fishing license fees under | ||||||
22 | Sections 20-5
and 20-40 of the Fish and Aquatic Life Code. | ||||||
23 | (7) Tuition free courses for senior citizens under the | ||||||
24 | Senior Citizen
Courses Act. | ||||||
25 | (8) Any benefits under the Illinois Public Aid Code. | ||||||
26 | (b) If a person has been found by a court to have knowingly
|
| |||||||
| |||||||
1 | received benefits in violation of subsection (a) and: | ||||||
2 | (1) the total monetary value of the benefits received | ||||||
3 | is less than $150, the person is guilty
of a Class A | ||||||
4 | misdemeanor; a second or subsequent violation is a Class 4 | ||||||
5 | felony; | ||||||
6 | (2) the total monetary value of the benefits received | ||||||
7 | is $150 or more but less than $1,000,
the person is guilty | ||||||
8 | of a Class 4 felony; a second or subsequent violation is a | ||||||
9 | Class 3 felony; | ||||||
10 | (3) the total monetary value of the benefits received | ||||||
11 | is $1,000 or more but less than $5,000,
the person is | ||||||
12 | guilty of a Class 3 felony; a second or subsequent | ||||||
13 | violation is a Class 2 felony; | ||||||
14 | (4) the total monetary value of the benefits received | ||||||
15 | is $5,000 or more but less than $10,000,
the person is | ||||||
16 | guilty of a Class 2 felony; a second or subsequent | ||||||
17 | violation is a Class 1 felony; or | ||||||
18 | (5) the total monetary value of the benefits received | ||||||
19 | is $10,000 or more, the person is guilty
of a Class 1 | ||||||
20 | felony. | ||||||
21 | (c) For purposes of determining the classification of an | ||||||
22 | offense under
this Section, all of the monetary value of the | ||||||
23 | benefits
received as a result of the unlawful act,
practice, or | ||||||
24 | course of conduct may be accumulated. | ||||||
25 | (d) Any grants awarded to persons described in subsection | ||||||
26 | (a) may be recovered by the State of Illinois in a civil action |
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | commenced
by the Attorney General in the circuit court of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Sangamon County or the
State's Attorney of the county of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | residence of the person described in
subsection (a). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (e) An individual described in subsection (a) who has been
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | deported shall be restored to any benefits which that | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | individual has been
denied under State law pursuant to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | subsection (a) if (i) the Attorney
General of the United States | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | has issued an order cancelling deportation and
has adjusted the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | status of the individual to that of an alien lawfully
admitted | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | for permanent residence in the United States or (ii) the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | country
to which the individual has been deported adjudicates | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | or exonerates the
individual in a judicial or administrative | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | proceeding as not being guilty
of the persecution of others on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | account of race, religion, national origin,
or political | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | opinion under the direction of or in association with the Nazi
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | government of Germany or its allies.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
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