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