97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3931

 

Introduced 11/14/2012, by Sen. Chris Lauzen

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning pharmaceutical assistance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
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
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

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1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24 month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24 month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to subsection
24(c-5) of this Section. Two or more emergency rules having
25substantially the same purpose and effect shall be deemed to be
26a single rule for purposes of this Section.

 

 

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1    (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of this amendatory
25Act of the 91st General Assembly or any other budget initiative
26for fiscal year 2000 may be adopted in accordance with this

 

 

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1Section by the agency charged with administering that provision
2or initiative, except that the 24-month limitation on the
3adoption of emergency rules and the provisions of Sections
45-115 and 5-125 do not apply to rules adopted under this
5subsection (e). The adoption of emergency rules authorized by
6this subsection (e) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of this amendatory
11Act of the 91st General Assembly or any other budget initiative
12for fiscal year 2001 may be adopted in accordance with this
13Section by the agency charged with administering that provision
14or initiative, except that the 24-month limitation on the
15adoption of emergency rules and the provisions of Sections
165-115 and 5-125 do not apply to rules adopted under this
17subsection (f). The adoption of emergency rules authorized by
18this subsection (f) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of this amendatory
23Act of the 92nd General Assembly or any other budget initiative
24for fiscal year 2002 may be adopted in accordance with this
25Section by the agency charged with administering that provision
26or initiative, except that the 24-month limitation on the

 

 

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1adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (g). The adoption of emergency rules authorized by
4this subsection (g) shall be deemed to be necessary for the
5public interest, safety, and welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of this amendatory
9Act of the 92nd General Assembly or any other budget initiative
10for fiscal year 2003 may be adopted in accordance with this
11Section by the agency charged with administering that provision
12or initiative, except that the 24-month limitation on the
13adoption of emergency rules and the provisions of Sections
145-115 and 5-125 do not apply to rules adopted under this
15subsection (h). The adoption of emergency rules authorized by
16this subsection (h) shall be deemed to be necessary for the
17public interest, safety, and welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of this amendatory
21Act of the 93rd General Assembly or any other budget initiative
22for fiscal year 2004 may be adopted in accordance with this
23Section by the agency charged with administering that provision
24or initiative, except that the 24-month limitation on the
25adoption of emergency rules and the provisions of Sections
265-115 and 5-125 do not apply to rules adopted under this

 

 

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1subsection (i). The adoption of emergency rules authorized by
2this subsection (i) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of this
23amendatory Act of the 94th General Assembly or any other budget
24initiative for fiscal year 2006 may be adopted in accordance
25with this Section by the agency charged with administering that
26provision or initiative, except that the 24-month limitation on

 

 

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1the adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (k). The Department of Healthcare and Family
4Services may also adopt rules under this subsection (k)
5necessary to administer the Illinois Public Aid Code, the
6Senior Citizens and Disabled Persons Property Tax Relief and
7Pharmaceutical Assistance Act, the Senior Citizens and
8Disabled Persons Prescription Drug Discount Program Act (now
9the Illinois Prescription Drug Discount Program Act), and the
10Children's Health Insurance Program Act. The adoption of
11emergency rules authorized by this subsection (k) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (l) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162007 budget, the Department of Healthcare and Family Services
17may adopt emergency rules during fiscal year 2007, including
18rules effective July 1, 2007, in accordance with this
19subsection to the extent necessary to administer the
20Department's responsibilities with respect to amendments to
21the State plans and Illinois waivers approved by the federal
22Centers for Medicare and Medicaid Services necessitated by the
23requirements of Title XIX and Title XXI of the federal Social
24Security Act. The adoption of emergency rules authorized by
25this subsection (l) shall be deemed to be necessary for the
26public interest, safety, and welfare.

 

 

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1    (m) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32008 budget, the Department of Healthcare and Family Services
4may adopt emergency rules during fiscal year 2008, including
5rules effective July 1, 2008, in accordance with this
6subsection to the extent necessary to administer the
7Department's responsibilities with respect to amendments to
8the State plans and Illinois waivers approved by the federal
9Centers for Medicare and Medicaid Services necessitated by the
10requirements of Title XIX and Title XXI of the federal Social
11Security Act. The adoption of emergency rules authorized by
12this subsection (m) shall be deemed to be necessary for the
13public interest, safety, and welfare.
14    (n) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162010 budget, emergency rules to implement any provision of this
17amendatory Act of the 96th General Assembly or any other budget
18initiative authorized by the 96th General Assembly for fiscal
19year 2010 may be adopted in accordance with this Section by the
20agency charged with administering that provision or
21initiative. The adoption of emergency rules authorized by this
22subsection (n) shall be deemed to be necessary for the public
23interest, safety, and welfare. The rulemaking authority
24granted in this subsection (n) shall apply only to rules
25promulgated during Fiscal Year 2010.
26    (o) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22011 budget, emergency rules to implement any provision of this
3amendatory Act of the 96th General Assembly or any other budget
4initiative authorized by the 96th General Assembly for fiscal
5year 2011 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative. The adoption of emergency rules authorized by this
8subsection (o) is deemed to be necessary for the public
9interest, safety, and welfare. The rulemaking authority
10granted in this subsection (o) applies only to rules
11promulgated on or after the effective date of this amendatory
12Act of the 96th General Assembly through June 30, 2011.
13    (p) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 97-689 this
15amendatory Act of the 97th General Assembly, emergency rules to
16implement any provision of Public Act 97-689 this amendatory
17Act of the 97th General Assembly may be adopted in accordance
18with this subsection (p) by the agency charged with
19administering that provision or initiative. The 150-day
20limitation of the effective period of emergency rules does not
21apply to rules adopted under this subsection (p), and the
22effective period may continue through June 30, 2013. The
2324-month limitation on the adoption of emergency rules does not
24apply to rules adopted under this subsection (p). The adoption
25of emergency rules authorized by this subsection (p) is deemed
26to 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;
296-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff.
37-1-12; revised 7-10-12.)
 
4    Section 5. The State Comptroller Act is amended by changing
5Section 10.05 as follows:
 
6    (15 ILCS 405/10.05)  (from Ch. 15, par. 210.05)
7    Sec. 10.05. Deductions from warrants; statement of reason
8for deduction. Whenever any person shall be entitled to a
9warrant or other payment from the treasury or other funds held
10by the State Treasurer, on any account, against whom there
11shall be any then due and payable account or claim in favor of
12the State, the United States upon certification by the
13Secretary of the Treasury of the United States, or his or her
14delegate, pursuant to a reciprocal offset agreement under
15subsection (i-1) of Section 10 of the Illinois State Collection
16Act of 1986, or a unit of local government, a school district,
17or a public institution of higher education, as defined in
18Section 1 of the Board of Higher Education Act, upon
19certification by that entity, the Comptroller, upon
20notification thereof, shall ascertain the amount due and
21payable to the State, the United States, the unit of local
22government, the school district, or the public institution of
23higher education, as aforesaid, and draw a warrant on the
24treasury or on other funds held by the State Treasurer, stating

 

 

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1the amount for which the party was entitled to a warrant or
2other payment, the amount deducted therefrom, and on what
3account, and directing the payment of the balance; which
4warrant or payment as so drawn shall be entered on the books of
5the Treasurer, and such balance only shall be paid. The
6Comptroller may deduct any one or more of the following: (i)
7the entire amount due and payable to the State or a portion of
8the amount due and payable to the State in accordance with the
9request of the notifying agency; (ii) the entire amount due and
10payable to the United States or a portion of the amount due and
11payable to the United States in accordance with a reciprocal
12offset agreement under subsection (i-1) of Section 10 of the
13Illinois State Collection Act of 1986; or (iii) the entire
14amount due and payable to the unit of local government, school
15district, or public institution of higher education or a
16portion of the amount due and payable to that entity in
17accordance with an intergovernmental agreement authorized
18under this Section and Section 10.05d. No request from a
19notifying agency, the Secretary of the Treasury of the United
20States, a unit of local government, a school district, or a
21public institution of higher education for an amount to be
22deducted under this Section from a wage or salary payment, or
23from a contractual payment to an individual for personal
24services, shall exceed 25% of the net amount of such payment.
25"Net amount" means that part of the earnings of an individual
26remaining after deduction of any amounts required by law to be

 

 

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1withheld. For purposes of this provision, wage, salary or other
2payments for personal services shall not include final
3compensation payments for the value of accrued vacation,
4overtime or sick leave. Whenever the Comptroller draws a
5warrant or makes a payment involving a deduction ordered under
6this Section, the Comptroller shall notify the payee and the
7State agency that submitted the voucher of the reason for the
8deduction and he or she shall retain a record of such statement
9in his or her records. As used in this Section, an "account or
10claim in favor of the State" includes all amounts owing to
11"State agencies" as defined in Section 7 of this Act. However,
12the Comptroller shall not be required to accept accounts or
13claims owing to funds not held by the State Treasurer, where
14such accounts or claims do not exceed $50, nor shall the
15Comptroller deduct from funds held by the State Treasurer under
16the Senior Citizens and Disabled Persons Property Tax Relief
17and Pharmaceutical Assistance Act or for payments to
18institutions from the Illinois Prepaid Tuition Trust Fund
19(unless the Trust Fund moneys are used for child support). The
20Comptroller and the Department of Revenue shall enter into an
21interagency agreement to establish responsibilities, duties,
22and procedures relating to deductions from lottery prizes
23awarded under Section 20.1 of the Illinois Lottery Law. The
24Comptroller may enter into an intergovernmental agreement with
25the Department of Revenue and the Secretary of the Treasury of
26the United States, or his or her delegate, to establish

 

 

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1responsibilities, duties, and procedures relating to
2reciprocal offset of delinquent State and federal obligations
3pursuant to subsection (i-1) of Section 10 of the Illinois
4State Collection Act of 1986. The Comptroller may enter into
5intergovernmental agreements with any unit of local
6government, school district, or public institution of higher
7education to establish responsibilities, duties, and
8procedures to provide for the offset, by the Comptroller, of
9obligations owed to those entities.
10(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.
1197-632 for the effective date of changes made by P.A. 97-269);
1297-632, eff. 12-16-11; 97-689, eff. 6-14-12.)
 
13    Section 7. The State Finance Act is amended by changing
14Sections 6z-52 and 6z-81 as follows:
 
15    (30 ILCS 105/6z-52)
16    Sec. 6z-52. Drug Rebate Fund.
17    (a) There is created in the State Treasury a special fund
18to be known as the Drug Rebate Fund.
19    (b) The Fund is created for the purpose of receiving and
20disbursing moneys in accordance with this Section.
21Disbursements from the Fund shall be made, subject to
22appropriation, only as follows:
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
5    Citizens and Disabled Persons Property Tax Relief and
6    Pharmaceutical Assistance Act.
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:
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,
22eff. 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

 

 

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1to be known as the Healthcare Provider Relief Fund.
2    (b) The Fund is created for the purpose of receiving and
3disbursing moneys in accordance with this Section.
4Disbursements 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.

 

 

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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
8for by law, on the effective date of this amendatory Act of the
997th General Assembly, or as soon thereafter as practical, the
10State Comptroller shall direct and the State Treasurer shall
11transfer the sum of $365,000,000 from the General Revenue Fund
12into the Healthcare Provider Relief Fund.
13    (e) In addition to any other transfers that may be provided
14for by law, on July 1, 2011, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $160,000,000 from the
17General Revenue Fund to the Healthcare Provider Relief Fund.
18    (f) Notwithstanding any other State law to the contrary,
19and in addition to any other transfers that may be provided for
20by law, the State Comptroller shall order transferred and the
21State Treasurer shall transfer $500,000,000 to the Healthcare
22Provider Relief Fund from the General Revenue Fund in equal
23monthly installments of $100,000,000, with the first transfer
24to be made on July 1, 2012, or as soon thereafter as practical,
25and with each of the remaining transfers to be made on August
261, 2012, September 1, 2012, October 1, 2012, and November 1,

 

 

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12012, or as soon thereafter as practical. This transfer may
2assist the Department of Healthcare and Family Services in
3improving Medical Assistance bill processing timeframes or in
4meeting the possible requirements of Senate Bill 3397, or other
5similar legislation, of the 97th General Assembly should it
6become law.
7(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
897-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
96-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
 
10    Section 10. The Downstate Public Transportation Act is
11amended 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
1560 days following the effective date of this amendatory Act of
16the 95th General Assembly and until subsection (b) is
17implemented, any fixed route public transportation services
18provided by, or under grant or purchase of service contracts
19of, every participant, as defined in Section 2-2.02 (1)(a),
20shall be provided without charge to all senior citizen
21residents of the participant aged 65 and older, under such
22conditions as shall be prescribed by the participant.
23    (b) Notwithstanding any law to the contrary, no later than
24180 days following the effective date of this amendatory Act of

 

 

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1the 96th General Assembly, any fixed route public
2transportation services provided by, or under grant or purchase
3of service contracts of, every participant, as defined in
4Section 2-2.02 (1)(a), shall be provided without charge to
5senior citizens aged 65 and older who meet the income
6eligibility limitation set forth in subsection (a-5) of Section
74 of the Senior Citizens and Disabled Persons Property Tax
8Relief and Pharmaceutical Assistance Act, under such
9conditions as shall be prescribed by the participant. The
10Department on Aging shall furnish all information reasonably
11necessary to determine eligibility, including updated lists of
12individuals who are eligible for services without charge under
13this Section. Nothing in this Section shall relieve the
14participant from providing reduced fares as may be required by
15federal 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.
19Notwithstanding any law to the contrary, no later than 60 days
20following the effective date of this amendatory Act of the 95th
21General Assembly, all fixed route public transportation
22services provided by, or under grant or purchase of service
23contract of, any participant shall be provided without charge
24to all disabled persons who meet the income eligibility
25limitation set forth in subsection (a-5) of Section 4 of the

 

 

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1Senior Citizens and Disabled Persons Property Tax Relief and
2Pharmaceutical Assistance Act, under such procedures as shall
3be prescribed by the participant. The Department on Aging shall
4furnish all information reasonably necessary to determine
5eligibility, including updated lists of individuals who are
6eligible 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
9Sections 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
12Exemption.
13    (a) This Section may be cited as the Senior Citizens
14Assessment Freeze Homestead Exemption.
15    (b) As used in this Section:
16    "Applicant" means an individual who has filed an
17application under this Section.
18    "Base amount" means the base year equalized assessed value
19of the residence plus the first year's equalized assessed value
20of any added improvements which increased the assessed value of
21the residence after the base year.
22    "Base year" means the taxable year prior to the taxable
23year for which the applicant first qualifies and applies for
24the exemption provided that in the prior taxable year the

 

 

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1property was improved with a permanent structure that was
2occupied as a residence by the applicant who was liable for
3paying real property taxes on the property and who was either
4(i) an owner of record of the property or had legal or
5equitable interest in the property as evidenced by a written
6instrument or (ii) had a legal or equitable interest as a
7lessee in the parcel of property that was single family
8residence. If in any subsequent taxable year for which the
9applicant applies and qualifies for the exemption the equalized
10assessed value of the residence is less than the equalized
11assessed value in the existing base year (provided that such
12equalized assessed value is not based on an assessed value that
13results from a temporary irregularity in the property that
14reduces the assessed value for one or more taxable years), then
15that subsequent taxable year shall become the base year until a
16new base year is established under the terms of this paragraph.
17For taxable year 1999 only, the Chief County Assessment Officer
18shall review (i) all taxable years for which the applicant
19applied and qualified for the exemption and (ii) the existing
20base year. The assessment officer shall select as the new base
21year the year with the lowest equalized assessed value. An
22equalized assessed value that is based on an assessed value
23that results from a temporary irregularity in the property that
24reduces the assessed value for one or more taxable years shall
25not be considered the lowest equalized assessed value. The
26selected year shall be the base year for taxable year 1999 and

 

 

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1thereafter until a new base year is established under the terms
2of this paragraph.
3    "Chief County Assessment Officer" means the County
4Assessor or Supervisor of Assessments of the county in which
5the property is located.
6    "Equalized assessed value" means the assessed value as
7equalized by the Illinois Department of Revenue.
8    "Household" means the applicant, the spouse of the
9applicant, and all persons using the residence of the applicant
10as their principal place of residence.
11    "Household income" means the combined income of the members
12of a household for the calendar year preceding the taxable
13year.
14    "Income" has the same meaning as provided in Section 3.07
15of the Senior Citizens and Disabled Persons Property Tax Relief
16and Pharmaceutical Assistance Act, except that, beginning in
17assessment year 2001, "income" does not include veteran's
18benefits.
19    "Internal Revenue Code of 1986" means the United States
20Internal Revenue Code of 1986 or any successor law or laws
21relating to federal income taxes in effect for the year
22preceding the taxable year.
23    "Life care facility that qualifies as a cooperative" means
24a facility as defined in Section 2 of the Life Care Facilities
25Act.
26    "Maximum income limitation" means:

 

 

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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
7appurtenant structures used for residential purposes in this
8State occupied on January 1 of the taxable year by a household
9and so much of the surrounding land, constituting the parcel
10upon which the dwelling place is situated, as is used for
11residential purposes. If the Chief County Assessment Officer
12has established a specific legal description for a portion of
13property constituting the residence, then that portion of
14property shall be deemed the residence for the purposes of this
15Section.
16    "Taxable year" means the calendar year during which ad
17valorem property taxes payable in the next succeeding year are
18levied.
19    (c) Beginning in taxable year 1994, a senior citizens
20assessment freeze homestead exemption is granted for real
21property that is improved with a permanent structure that is
22occupied as a residence by an applicant who (i) is 65 years of
23age or older during the taxable year, (ii) has a household
24income that does not exceed the maximum income limitation,
25(iii) is liable for paying real property taxes on the property,
26and (iv) is an owner of record of the property or has a legal or

 

 

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1equitable interest in the property as evidenced by a written
2instrument. This homestead exemption shall also apply to a
3leasehold interest in a parcel of property improved with a
4permanent structure that is a single family residence that is
5occupied as a residence by a person who (i) is 65 years of age
6or older during the taxable year, (ii) has a household income
7that does not exceed the maximum income limitation, (iii) has a
8legal or equitable ownership interest in the property as
9lessee, and (iv) is liable for the payment of real property
10taxes on that property.
11    In counties of 3,000,000 or more inhabitants, the amount of
12the exemption for all taxable years is the equalized assessed
13value of the residence in the taxable year for which
14application is made minus the base amount. In all other
15counties, the amount of the exemption is as follows: (i)
16through taxable year 2005 and for taxable year 2007 and
17thereafter, the amount of this exemption shall be the equalized
18assessed value of the residence in the taxable year for which
19application is made minus the base amount; and (ii) for taxable
20year 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

 

 

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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
20for a prior year for the same residence for which an exemption
21under this Section has been granted, the base year and base
22amount for that residence are the same as for the applicant for
23the prior year.
24    Each year at the time the assessment books are certified to
25the County Clerk, the Board of Review or Board of Appeals shall
26give to the County Clerk a list of the assessed values of

 

 

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1improvements on each parcel qualifying for this exemption that
2were added after the base year for this parcel and that
3increased the assessed value of the property.
4    In the case of land improved with an apartment building
5owned and operated as a cooperative or a building that is a
6life care facility that qualifies as a cooperative, the maximum
7reduction from the equalized assessed value of the property is
8limited to the sum of the reductions calculated for each unit
9occupied as a residence by a person or persons (i) 65 years of
10age or older, (ii) with a household income that does not exceed
11the maximum income limitation, (iii) who is liable, by contract
12with the owner or owners of record, for paying real property
13taxes on the property, and (iv) who is an owner of record of a
14legal or equitable interest in the cooperative apartment
15building, other than a leasehold interest. In the instance of a
16cooperative where a homestead exemption has been granted under
17this Section, the cooperative association or its management
18firm shall credit the savings resulting from that exemption
19only to the apportioned tax liability of the owner who
20qualified for the exemption. Any person who willfully refuses
21to credit that savings to an owner who qualifies for the
22exemption is guilty of a Class B misdemeanor.
23    When a homestead exemption has been granted under this
24Section and an applicant then becomes a resident of a facility
25licensed under the Assisted Living and Shared Housing Act, the
26Nursing Home Care Act, the Specialized Mental Health

 

 

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1Rehabilitation Act, or the ID/DD Community Care Act, the
2exemption shall be granted in subsequent years so long as the
3residence (i) continues to be occupied by the qualified
4applicant's spouse or (ii) if remaining unoccupied, is still
5owned by the qualified applicant for the homestead exemption.
6    Beginning January 1, 1997, when an individual dies who
7would have qualified for an exemption under this Section, and
8the surviving spouse does not independently qualify for this
9exemption because of age, the exemption under this Section
10shall be granted to the surviving spouse for the taxable year
11preceding and the taxable year of the death, provided that,
12except for age, the surviving spouse meets all other
13qualifications for the granting of this exemption for those
14years.
15    When married persons maintain separate residences, the
16exemption provided for in this Section may be claimed by only
17one of such persons and for only one residence.
18    For taxable year 1994 only, in counties having less than
193,000,000 inhabitants, to receive the exemption, a person shall
20submit an application by February 15, 1995 to the Chief County
21Assessment Officer of the county in which the property is
22located. In counties having 3,000,000 or more inhabitants, for
23taxable year 1994 and all subsequent taxable years, to receive
24the exemption, a person may submit an application to the Chief
25County Assessment Officer of the county in which the property
26is located during such period as may be specified by the Chief

 

 

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1County Assessment Officer. The Chief County Assessment Officer
2in counties of 3,000,000 or more inhabitants shall annually
3give notice of the application period by mail or by
4publication. In counties having less than 3,000,000
5inhabitants, beginning with taxable year 1995 and thereafter,
6to receive the exemption, a person shall submit an application
7by July 1 of each taxable year to the Chief County Assessment
8Officer of the county in which the property is located. A
9county may, by ordinance, establish a date for submission of
10applications that is different than July 1. The applicant shall
11submit with the application an affidavit of the applicant's
12total household income, age, marital status (and if married the
13name and address of the applicant's spouse, if known), and
14principal dwelling place of members of the household on January
151 of the taxable year. The Department shall establish, by rule,
16a method for verifying the accuracy of affidavits filed by
17applicants under this Section, and the Chief County Assessment
18Officer may conduct audits of any taxpayer claiming an
19exemption under this Section to verify that the taxpayer is
20eligible to receive the exemption. Each application shall
21contain or be verified by a written declaration that it is made
22under the penalties of perjury. A taxpayer's signing a
23fraudulent application under this Act is perjury, as defined in
24Section 32-2 of the Criminal Code of 1961. The applications
25shall be clearly marked as applications for the Senior Citizens
26Assessment Freeze Homestead Exemption and must contain a notice

 

 

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1that any taxpayer who receives the exemption is subject to an
2audit by the Chief County Assessment Officer.
3    Notwithstanding any other provision to the contrary, in
4counties having fewer than 3,000,000 inhabitants, if an
5applicant fails to file the application required by this
6Section in a timely manner and this failure to file is due to a
7mental or physical condition sufficiently severe so as to
8render the applicant incapable of filing the application in a
9timely manner, the Chief County Assessment Officer may extend
10the filing deadline for a period of 30 days after the applicant
11regains the capability to file the application, but in no case
12may the filing deadline be extended beyond 3 months of the
13original filing deadline. In order to receive the extension
14provided in this paragraph, the applicant shall provide the
15Chief County Assessment Officer with a signed statement from
16the applicant's physician stating the nature and extent of the
17condition, that, in the physician's opinion, the condition was
18so severe that it rendered the applicant incapable of filing
19the application in a timely manner, and the date on which the
20applicant regained the capability to file the application.
21    Beginning January 1, 1998, notwithstanding any other
22provision to the contrary, in counties having fewer than
233,000,000 inhabitants, if an applicant fails to file the
24application required by this Section in a timely manner and
25this failure to file is due to a mental or physical condition
26sufficiently severe so as to render the applicant incapable of

 

 

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1filing the application in a timely manner, the Chief County
2Assessment Officer may extend the filing deadline for a period
3of 3 months. In order to receive the extension provided in this
4paragraph, the applicant shall provide the Chief County
5Assessment Officer with a signed statement from the applicant's
6physician stating the nature and extent of the condition, and
7that, in the physician's opinion, the condition was so severe
8that it rendered the applicant incapable of filing the
9application in a timely manner.
10    In counties having less than 3,000,000 inhabitants, if an
11applicant was denied an exemption in taxable year 1994 and the
12denial occurred due to an error on the part of an assessment
13official, or his or her agent or employee, then beginning in
14taxable year 1997 the applicant's base year, for purposes of
15determining the amount of the exemption, shall be 1993 rather
16than 1994. In addition, in taxable year 1997, the applicant's
17exemption shall also include an amount equal to (i) the amount
18of any exemption denied to the applicant in taxable year 1995
19as a result of using 1994, rather than 1993, as the base year,
20(ii) the amount of any exemption denied to the applicant in
21taxable year 1996 as a result of using 1994, rather than 1993,
22as the base year, and (iii) the amount of the exemption
23erroneously denied for taxable year 1994.
24    For purposes of this Section, a person who will be 65 years
25of age during the current taxable year shall be eligible to
26apply for the homestead exemption during that taxable year.

 

 

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1Application shall be made during the application period in
2effect for the county of his or her residence.
3    The Chief County Assessment Officer may determine the
4eligibility of a life care facility that qualifies as a
5cooperative to receive the benefits provided by this Section by
6use of an affidavit, application, visual inspection,
7questionnaire, or other reasonable method in order to insure
8that the tax savings resulting from the exemption are credited
9by the management firm to the apportioned tax liability of each
10qualifying resident. The Chief County Assessment Officer may
11request reasonable proof that the management firm has so
12credited that exemption.
13    Except as provided in this Section, all information
14received by the chief county assessment officer or the
15Department from applications filed under this Section, or from
16any investigation conducted under the provisions of this
17Section, shall be confidential, except for official purposes or
18pursuant to official procedures for collection of any State or
19local tax or enforcement of any civil or criminal penalty or
20sanction imposed by this Act or by any statute or ordinance
21imposing a State or local tax. Any person who divulges any such
22information in any manner, except in accordance with a proper
23judicial order, is guilty of a Class A misdemeanor.
24    Nothing contained in this Section shall prevent the
25Director or chief county assessment officer from publishing or
26making available reasonable statistics concerning the

 

 

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1operation of the exemption contained in this Section in which
2the contents of claims are grouped into aggregates in such a
3way that information contained in any individual claim shall
4not be disclosed.
5    (d) Each Chief County Assessment Officer shall annually
6publish a notice of availability of the exemption provided
7under this Section. The notice shall be published at least 60
8days but no more than 75 days prior to the date on which the
9application must be submitted to the Chief County Assessment
10Officer of the county in which the property is located. The
11notice shall appear in a newspaper of general circulation in
12the county.
13    Notwithstanding Sections 6 and 8 of the State Mandates Act,
14no reimbursement by the State is required for the
15implementation of any mandate created by this Section.
16(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
1796-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1897-689, 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
21provided in Sections 15-176 and 15-177, homestead property is
22entitled to an annual homestead exemption limited, except as
23described here with relation to cooperatives, to a reduction in
24the equalized assessed value of homestead property equal to the
25increase in equalized assessed value for the current assessment

 

 

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1year above the equalized assessed value of the property for
21977, up to the maximum reduction set forth below. If however,
3the 1977 equalized assessed value upon which taxes were paid is
4subsequently determined by local assessing officials, the
5Property Tax Appeal Board, or a court to have been excessive,
6the equalized assessed value which should have been placed on
7the property for 1977 shall be used to determine the amount of
8the exemption.
9    Except as provided in Section 15-176, the maximum reduction
10before taxable year 2004 shall be $4,500 in counties with
113,000,000 or more inhabitants and $3,500 in all other counties.
12Except as provided in Sections 15-176 and 15-177, for taxable
13years 2004 through 2007, the maximum reduction shall be $5,000,
14for taxable year 2008, the maximum reduction is $5,500, and,
15for taxable years 2009 and thereafter, the maximum reduction is
16$6,000 in all counties. If a county has elected to subject
17itself to the provisions of Section 15-176 as provided in
18subsection (k) of that Section, then, for the first taxable
19year only after the provisions of Section 15-176 no longer
20apply, for owners who, for the taxable year, have not been
21granted a senior citizens assessment freeze homestead
22exemption under Section 15-172 or a long-time occupant
23homestead exemption under Section 15-177, there shall be an
24additional exemption of $5,000 for owners with a household
25income of $30,000 or less.
26    In counties with fewer than 3,000,000 inhabitants, if,

 

 

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1based on the most recent assessment, the equalized assessed
2value of the homestead property for the current assessment year
3is greater than the equalized assessed value of the property
4for 1977, the owner of the property shall automatically receive
5the exemption granted under this Section in an amount equal to
6the increase over the 1977 assessment up to the maximum
7reduction set forth in this Section.
8    If in any assessment year beginning with the 2000
9assessment year, homestead property has a pro-rata valuation
10under Section 9-180 resulting in an increase in the assessed
11valuation, a reduction in equalized assessed valuation equal to
12the increase in equalized assessed value of the property for
13the year of the pro-rata valuation above the equalized assessed
14value of the property for 1977 shall be applied to the property
15on a proportionate basis for the period the property qualified
16as homestead property during the assessment year. The maximum
17proportionate homestead exemption shall not exceed the maximum
18homestead exemption allowed in the county under this Section
19divided by 365 and multiplied by the number of days the
20property qualified as homestead property.
21    "Homestead property" under this Section includes
22residential property that is occupied by its owner or owners as
23his or their principal dwelling place, or that is a leasehold
24interest on which a single family residence is situated, which
25is occupied as a residence by a person who has an ownership
26interest therein, legal or equitable or as a lessee, and on

 

 

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1which the person is liable for the payment of property taxes.
2For land improved with an apartment building owned and operated
3as a cooperative or a building which is a life care facility as
4defined in Section 15-170 and considered to be a cooperative
5under Section 15-170, the maximum reduction from the equalized
6assessed value shall be limited to the increase in the value
7above the equalized assessed value of the property for 1977, up
8to the maximum reduction set forth above, multiplied by the
9number of apartments or units occupied by a person or persons
10who is liable, by contract with the owner or owners of record,
11for paying property taxes on the property and is an owner of
12record of a legal or equitable interest in the cooperative
13apartment building, other than a leasehold interest. For
14purposes of this Section, the term "life care facility" has the
15meaning stated in Section 15-170.
16    "Household", as used in this Section, means the owner, the
17spouse of the owner, and all persons using the residence of the
18owner as their principal place of residence.
19    "Household income", as used in this Section, means the
20combined income of the members of a household for the calendar
21year preceding the taxable year.
22    "Income", as used in this Section, has the same meaning as
23provided in Section 3.07 of the Senior Citizens and Disabled
24Persons Property Tax Relief and Pharmaceutical Assistance Act,
25except that "income" does not include veteran's benefits.
26    In a cooperative where a homestead exemption has been

 

 

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1granted, the cooperative association or its management firm
2shall credit the savings resulting from that exemption only to
3the apportioned tax liability of the owner who qualified for
4the exemption. Any person who willfully refuses to so credit
5the savings shall be guilty of a Class B misdemeanor.
6    Where married persons maintain and reside in separate
7residences qualifying as homestead property, each residence
8shall receive 50% of the total reduction in equalized assessed
9valuation provided by this Section.
10    In all counties, the assessor or chief county assessment
11officer may determine the eligibility of residential property
12to receive the homestead exemption and the amount of the
13exemption by application, visual inspection, questionnaire or
14other reasonable methods. The determination shall be made in
15accordance with guidelines established by the Department,
16provided that the taxpayer applying for an additional general
17exemption under this Section shall submit to the chief county
18assessment officer an application with an affidavit of the
19applicant's total household income, age, marital status (and,
20if married, the name and address of the applicant's spouse, if
21known), and principal dwelling place of members of the
22household on January 1 of the taxable year. The Department
23shall issue guidelines establishing a method for verifying the
24accuracy of the affidavits filed by applicants under this
25paragraph. The applications shall be clearly marked as
26applications for the Additional General Homestead Exemption.

 

 

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1    In counties with fewer than 3,000,000 inhabitants, in the
2event of a sale of homestead property the homestead exemption
3shall remain in effect for the remainder of the assessment year
4of the sale. The assessor or chief county assessment officer
5may require the new owner of the property to apply for the
6homestead exemption for the following assessment year.
7    Notwithstanding Sections 6 and 8 of the State Mandates Act,
8no reimbursement by the State is required for the
9implementation 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.
13There shall be printed on each bill, or on a separate slip
14which 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

 

 

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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
11districts in which a parcel of property is located shall be
12listed 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
23of taxation, for property on which a single family residence is
24situated the statement shall also include a statement to
25reflect the fair cash value determined for the property. In all
26counties which classify property for purposes of taxation in

 

 

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1accordance with Section 4 of Article IX of the Illinois
2Constitution, for parcels of residential property in the lowest
3assessment classification the statement shall also include a
4statement to reflect the fair cash value determined for the
5property.
6    In all counties, the statement must include information
7that certain taxpayers may be eligible for tax exemptions,
8abatements, and other assistance programs and that, for more
9information, taxpayers should consult with the office of their
10township or county assessor and with the Illinois Department of
11Revenue.
12    In all counties, the statement shall include information
13that certain taxpayers may be eligible for the Senior Citizens
14and Disabled Persons Property Tax Relief and Pharmaceutical
15Assistance Act and that applications are available from the
16Illinois Department on Aging.
17    In counties which use the estimated or accelerated billing
18methods, these statements shall only be provided with the final
19installment of taxes due. The provisions of this Section create
20a mandatory statutory duty. They are not merely directory or
21discretionary. The failure or neglect of the collector to mail
22the bill, or the failure of the taxpayer to receive the bill,
23shall not affect the validity of any tax, or the liability for
24the payment of any tax.
25(Source: P.A. 97-689, eff. 6-14-12.)
 

 

 

SB3931- 40 -LRB097 22399 KTG 71155 b

1    (35 ILCS 200/21-27)
2    Sec. 21-27. Waiver of interest penalty.
3    (a) On the recommendation of the county treasurer, the
4county board may adopt a resolution under which an interest
5penalty for the delinquent payment of taxes for any year that
6otherwise would be imposed under Section 21-15, 21-20, or 21-25
7shall be waived in the case of any person who meets all of the
8following 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
24site under Section 58.2 of the Environmental Protection Act,
25the county board, upon the recommendation of the county
26treasurer, may adopt a resolution to waive an interest penalty

 

 

SB3931- 41 -LRB097 22399 KTG 71155 b

1for the delinquent payment of taxes for any year that otherwise
2would be imposed under Section 21-15, 21-20, or 21-25 if all of
3the 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.)
 

 

 

SB3931- 42 -LRB097 22399 KTG 71155 b

1    Section 20. The Mobile Home Local Services Tax Act is
2amended 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
5who (a) are actually residing in such mobile homes, (b) hold
6title to such mobile home as provided in the Illinois Vehicle
7Code, and (c) are 65 years of age or older or are disabled
8persons within the meaning of Section 3.14 of the "Senior
9Citizens and Disabled Persons Property Tax Relief and
10Pharmaceutical Assistance Act" on the annual billing date shall
11be reduced to 80 percent of the tax provided for in Section 3
12of this Act. Proof that a claimant has been issued an Illinois
13Disabled Person Identification Card stating that the claimant
14is under a Class 2 disability, as provided in Section 4A of the
15Illinois Identification Card Act, shall constitute proof that
16the person thereon named is a disabled person within the
17meaning of this Act. An application for reduction of the tax
18shall be filed with the county clerk by the individuals who are
19entitled to the reduction. If the application is filed after
20May 1, the reduction in tax shall begin with the next annual
21bill. Application for the reduction in tax shall be done by
22submitting proof that the applicant has been issued an Illinois
23Disabled Person Identification Card designating the
24applicant's disability as a Class 2 disability, or by affidavit
25in substantially the following form:

 

 

SB3931- 43 -LRB097 22399 KTG 71155 b

1
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
2    I hereby make application for a reduction to 80% of the
3total tax imposed under "An Act to provide for a local services
4tax 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
8Illinois 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
11date 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
15Illinois Vehicle Code ....
16    (c) I was totally disabled on ... and have remained
17disabled until the date of this application. My Social
18Security, Veterans, Railroad or Civil Service Total Disability
19Claim Number is ... The undersigned declares under the penalty
20of perjury that the above statements are true and correct.
21Dated (insert date).
22
...........................
23
Signature of owner
24
...........................
25
(Address)
26
...........................

 

 

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1
(City) (State) (Zip)
2Approved by:
3.............................
4(Assessor)
 
5This application shall be accompanied by a copy of the
6applicant's most recent application filed with the Illinois
7Department on Aging under the Senior Citizens and Disabled
8Persons 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
11amended 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
1560 days following the effective date of this amendatory Act of
16the 95th General Assembly and until subsection (b) is
17implemented, any fixed route public transportation services
18provided by, or under grant or purchase of service contracts
19of, the Board shall be provided without charge to all senior
20citizens of the Metropolitan Region (as such term is defined in
2170 ILCS 3615/1.03) aged 65 and older, under such conditions as
22shall be prescribed by the Board.
23    (b) Notwithstanding any law to the contrary, no later than

 

 

SB3931- 45 -LRB097 22399 KTG 71155 b

1180 days following the effective date of this amendatory Act of
2the 96th General Assembly, any fixed route public
3transportation services provided by, or under grant or purchase
4of service contracts of, the Board shall be provided without
5charge to senior citizens aged 65 and older who meet the income
6eligibility limitation set forth in subsection (a-5) of Section
74 of the Senior Citizens and Disabled Persons Property Tax
8Relief and Pharmaceutical Assistance Act, under such
9conditions as shall be prescribed by the Board. The Department
10on Aging shall furnish all information reasonably necessary to
11determine eligibility, including updated lists of individuals
12who are eligible for services without charge under this
13Section. Nothing in this Section shall relieve the Board from
14providing 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.
18Notwithstanding any law to the contrary, no later than 60 days
19following the effective date of this amendatory Act of the 95th
20General Assembly, all fixed route public transportation
21services provided by, or under grant or purchase of service
22contract of, the Board shall be provided without charge to all
23disabled persons who meet the income eligibility limitation set
24forth in subsection (a-5) of Section 4 of the Senior Citizens
25and Disabled Persons Property Tax Relief and Pharmaceutical

 

 

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1Assistance Act, under such procedures as shall be prescribed by
2the Board. The Department on Aging shall furnish all
3information reasonably necessary to determine eligibility,
4including updated lists of individuals who are eligible for
5services 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
8by 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
1260 days following the effective date of this amendatory Act of
13the 95th General Assembly and until subsection (b) is
14implemented, any fixed route public transportation services
15provided by, or under grant or purchase of service contracts
16of, every District shall be provided without charge to all
17senior citizens of the District aged 65 and older, under such
18conditions as shall be prescribed by the District.
19    (b) Notwithstanding any law to the contrary, no later than
20180 days following the effective date of this amendatory Act of
21the 96th General Assembly, any fixed route public
22transportation services provided by, or under grant or purchase
23of service contracts of, every District shall be provided
24without charge to senior citizens aged 65 and older who meet

 

 

SB3931- 47 -LRB097 22399 KTG 71155 b

1the income eligibility limitation set forth in subsection (a-5)
2of Section 4 of the Senior Citizens and Disabled Persons
3Property Tax Relief and Pharmaceutical Assistance Act, under
4such conditions as shall be prescribed by the District. The
5Department on Aging shall furnish all information reasonably
6necessary to determine eligibility, including updated lists of
7individuals who are eligible for services without charge under
8this Section. Nothing in this Section shall relieve the
9District from providing reduced fares as may be required by
10federal 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.
14Notwithstanding any law to the contrary, no later than 60 days
15following the effective date of this amendatory Act of the 95th
16General Assembly, all fixed route public transportation
17services provided by, or under grant or purchase of service
18contract of, any District shall be provided without charge to
19all disabled persons who meet the income eligibility limitation
20set forth in subsection (a-5) of Section 4 of the Senior
21Citizens and Disabled Persons Property Tax Relief and
22Pharmaceutical Assistance Act, under such procedures as shall
23be prescribed by the District. The Department on Aging shall
24furnish all information reasonably necessary to determine
25eligibility, including updated lists of individuals who are

 

 

SB3931- 48 -LRB097 22399 KTG 71155 b

1eligible 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
4amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as
5follows:
 
6    (70 ILCS 3615/3A.15)
7    Sec. 3A.15. Free services; eligibility.
8    (a) Notwithstanding any law to the contrary, no later than
960 days following the effective date of this amendatory Act of
10the 95th General Assembly and until subsection (b) is
11implemented, any fixed route public transportation services
12provided by, or under grant or purchase of service contracts
13of, the Suburban Bus Board shall be provided without charge to
14all senior citizens of the Metropolitan Region aged 65 and
15older, under such conditions as shall be prescribed by the
16Suburban Bus Board.
17    (b) Notwithstanding any law to the contrary, no later than
18180 days following the effective date of this amendatory Act of
19the 96th General Assembly, any fixed route public
20transportation services provided by, or under grant or purchase
21of service contracts of, the Suburban Bus Board shall be
22provided without charge to senior citizens aged 65 and older
23who meet the income eligibility limitation set forth in
24subsection (a-5) of Section 4 of the Senior Citizens and

 

 

SB3931- 49 -LRB097 22399 KTG 71155 b

1Disabled Persons Property Tax Relief and Pharmaceutical
2Assistance Act, under such conditions as shall be prescribed by
3the Suburban Bus Board. The Department on Aging shall furnish
4all information reasonably necessary to determine eligibility,
5including updated lists of individuals who are eligible for
6services without charge under this Section. Nothing in this
7Section shall relieve the Suburban Bus Board from providing
8reduced 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.
12Notwithstanding any law to the contrary, no later than 60 days
13following the effective date of this amendatory Act of the 95th
14General Assembly, all fixed route public transportation
15services provided by, or under grant or purchase of service
16contract of, the Suburban Bus Board shall be provided without
17charge to all disabled persons who meet the income eligibility
18limitation set forth in subsection (a-5) of Section 4 of the
19Senior Citizens and Disabled Persons Property Tax Relief and
20Pharmaceutical Assistance Act, under such procedures as shall
21be prescribed by the Board. The Department on Aging shall
22furnish all information reasonably necessary to determine
23eligibility, including updated lists of individuals who are
24eligible for services without charge under this Section.
25(Source: P.A. 97-689, eff. 6-14-12.)
 

 

 

SB3931- 50 -LRB097 22399 KTG 71155 b

1    (70 ILCS 3615/3B.14)
2    Sec. 3B.14. Free services; eligibility.
3    (a) Notwithstanding any law to the contrary, no later than
460 days following the effective date of this amendatory Act of
5the 95th General Assembly and until subsection (b) is
6implemented, any fixed route public transportation services
7provided by, or under grant or purchase of service contracts
8of, the Commuter Rail Board shall be provided without charge to
9all senior citizens of the Metropolitan Region aged 65 and
10older, under such conditions as shall be prescribed by the
11Commuter Rail Board.
12    (b) Notwithstanding any law to the contrary, no later than
13180 days following the effective date of this amendatory Act of
14the 96th General Assembly, any fixed route public
15transportation services provided by, or under grant or purchase
16of service contracts of, the Commuter Rail Board shall be
17provided without charge to senior citizens aged 65 and older
18who meet the income eligibility limitation set forth in
19subsection (a-5) of Section 4 of the Senior Citizens and
20Disabled Persons Property Tax Relief and Pharmaceutical
21Assistance Act, under such conditions as shall be prescribed by
22the Commuter Rail Board. The Department on Aging shall furnish
23all information reasonably necessary to determine eligibility,
24including updated lists of individuals who are eligible for
25services without charge under this Section. Nothing in this

 

 

SB3931- 51 -LRB097 22399 KTG 71155 b

1Section shall relieve the Commuter Rail Board from providing
2reduced 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.
6Notwithstanding any law to the contrary, no later than 60 days
7following the effective date of this amendatory Act of the 95th
8General Assembly, all fixed route public transportation
9services provided by, or under grant or purchase of service
10contract of, the Commuter Rail Board shall be provided without
11charge to all disabled persons who meet the income eligibility
12limitation set forth in subsection (a-5) of Section 4 of the
13Senior Citizens and Disabled Persons Property Tax Relief and
14Pharmaceutical Assistance Act, under such procedures as shall
15be prescribed by the Board. The Department on Aging shall
16furnish all information reasonably necessary to determine
17eligibility, including updated lists of individuals who are
18eligible 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
21changing Section 1 as follows:
 
22    (110 ILCS 990/1)  (from Ch. 144, par. 1801)
23    Sec. 1. Definitions. For the purposes of this Act:

 

 

SB3931- 52 -LRB097 22399 KTG 71155 b

1    (a) "Public institutions of higher education" means the
2University of Illinois, Southern Illinois University, Chicago
3State University, Eastern Illinois University, Governors State
4University, Illinois State University, Northeastern Illinois
5University, Northern Illinois University, Western Illinois
6University, and the public community colleges subject to the
7"Public Community College Act".
8    (b) "Credit Course" means any program of study for which
9public institutions of higher education award credit hours.
10    (c) "Senior citizen" means any person 65 years or older
11whose annual household income is less than the threshold amount
12provided in Section 4 of the "Senior Citizens and Disabled
13Persons Property Tax Relief and Pharmaceutical Assistance
14Act", 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
17changing 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

 

 

SB3931- 53 -LRB097 22399 KTG 71155 b

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
10this Act, the corporation, subject to the following
11limitations, may prepare and furnish to any State agency an
12enclosure 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

 

 

SB3931- 54 -LRB097 22399 KTG 71155 b

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
10all reasonable incremental costs incurred by the State agency
11in complying with this Section above the agency's normal
12mailing 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

 

 

SB3931- 55 -LRB097 22399 KTG 71155 b

1changing Sections 3-1.2, 3-5, 4-1.6, 4-2, 5-2, 5-4, 5A-8,
26-1.2, 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
5added to contributions in money, substance, or services from
6other sources, including contributions from legally
7responsible relatives, must be insufficient to equal the grant
8amount established by Department regulation for such person.
9    In determining earned income to be taken into account,
10consideration shall be given to any expenses reasonably
11attributable to the earning of such income. If federal law or
12regulations permit or require exemption of earned or other
13income and resources, the Illinois Department shall provide by
14rule and regulation that the amount of income to be disregarded
15be increased (1) to the maximum extent so required and (2) to
16the maximum extent permitted by federal law or regulation in
17effect as of the date this Amendatory Act becomes law. The
18Illinois Department may also provide by rule and regulation
19that the amount of resources to be disregarded be increased to
20the maximum extent so permitted or required. Subject to federal
21approval, resources (for example, land, buildings, equipment,
22supplies, or tools), including farmland property and personal
23property used in the income-producing operations related to the
24farmland (for example, equipment and supplies, motor vehicles,
25or tools), necessary for self-support, up to $6,000 of the

 

 

SB3931- 56 -LRB097 22399 KTG 71155 b

1person's equity in the income-producing property, provided
2that the property produces a net annual income of at least 6%
3of the excluded equity value of the property, are exempt.
4Equity value in excess of $6,000 shall not be excluded if the
5activity produces income that is less than 6% of the exempt
6equity due to reasons beyond the person's control (for example,
7the person's illness or crop failure) and there is a reasonable
8expectation that the property will again produce income equal
9to or greater than 6% of the equity value (for example, a
10medical prognosis that the person is expected to respond to
11treatment or that drought-resistant corn will be planted). If
12the person owns more than one piece of property and each
13produces income, each piece of property shall be looked at to
14determine whether the 6% rule is met, and then the amounts of
15the person's equity in all of those properties shall be totaled
16to determine whether the total equity is $6,000 or less. The
17total equity value of all properties that is exempt shall be
18limited to $6,000.
19    In determining the resources of an individual or any
20dependents, the Department shall exclude from consideration
21the value of funeral and burial spaces, funeral and burial
22insurance the proceeds of which can only be used to pay the
23funeral and burial expenses of the insured and funds
24specifically set aside for the funeral and burial arrangements
25of the individual or his or her dependents, including prepaid
26funeral and burial plans, to the same extent that such items

 

 

SB3931- 57 -LRB097 22399 KTG 71155 b

1are excluded from consideration under the federal Supplemental
2Security Income program (SSI).
3    Prepaid funeral or burial contracts are exempt to the
4following 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

 

 

SB3931- 58 -LRB097 22399 KTG 71155 b

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
20contrary, an irrevocable trust containing the resources of a
21person who is determined to have a disability shall be
22considered exempt from consideration. Such trust must be
23established and managed by a non-profit association that pools
24funds but maintains a separate account for each beneficiary.
25The trust may be established by the person, a parent,
26grandparent, legal guardian, or court. It must be established

 

 

SB3931- 59 -LRB097 22399 KTG 71155 b

1for the sole benefit of the person and language contained in
2the trust shall stipulate that any amount remaining in the
3trust (up to the amount expended by the Department on medical
4assistance) that is not retained by the trust for reasonable
5administrative costs related to wrapping up the affairs of the
6subaccount shall be paid to the Department upon the death of
7the person. After a person reaches age 65, any funding by or on
8behalf of the person to the trust shall be treated as a
9transfer of assets for less than fair market value unless the
10person is a ward of a county public guardian or the State
11guardian pursuant to Section 13-5 of the Probate Act of 1975 or
12Section 30 of the Guardianship and Advocacy Act and lives in
13the community, or the person is a ward of a county public
14guardian or the State guardian pursuant to Section 13-5 of the
15Probate Act of 1975 or Section 30 of the Guardianship and
16Advocacy Act and a court has found that any expenditures from
17the trust will maintain or enhance the person's quality of
18life. If the trust contains proceeds from a personal injury
19settlement, any Department charge must be satisfied in order
20for the transfer to the trust to be treated as a transfer for
21fair market value.
22    The homestead shall be exempt from consideration except to
23the extent that it meets the income and shelter needs of the
24person. "Homestead" means the dwelling house and contiguous
25real estate owned and occupied by the person, regardless of its
26value. Subject to federal approval, a person shall not be

 

 

SB3931- 60 -LRB097 22399 KTG 71155 b

1eligible for long-term care services, however, if the person's
2equity interest in his or her homestead exceeds the minimum
3home equity as allowed and increased annually under federal
4law. Subject to federal approval, on and after the effective
5date of this amendatory Act of the 97th General Assembly,
6homestead property transferred to a trust shall no longer be
7considered homestead property.
8    Occasional or irregular gifts in cash, goods or services
9from persons who are not legally responsible relatives which
10are of nominal value or which do not have significant effect in
11meeting essential requirements shall be disregarded. The
12eligibility of any applicant for or recipient of public aid
13under this Article is not affected by the payment of any grant
14under the "Senior Citizens and Disabled Persons Property Tax
15Relief and Pharmaceutical Assistance Act" or any distributions
16or items of income described under subparagraph (X) of
17paragraph (2) of subsection (a) of Section 203 of the Illinois
18Income Tax Act.
19    The Illinois Department may, after appropriate
20investigation, establish and implement a consolidated standard
21to determine need and eligibility for and amount of benefits
22under this Article or a uniform cash supplement to the federal
23Supplemental Security Income program for all or any part of the
24then current recipients under this Article; provided, however,
25that the establishment or implementation of such a standard or
26supplement shall not result in reductions in benefits under

 

 

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1this 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
5aid granted to or in behalf of aged, blind, or disabled persons
6shall be determined in accordance with the standards, grant
7amounts, rules and regulations of the Illinois Department. Due
8regard shall be given to the requirements and conditions
9existing in each case, and to the amount of property owned and
10the income, money contributions, and other support, and
11resources received or obtainable by the person, from whatever
12source. However, the amount and nature of any financial aid is
13not affected by the payment of any grant under the "Senior
14Citizens and Disabled Persons Property Tax Relief and
15Pharmaceutical Assistance Act" or any distributions or items of
16income described under subparagraph (X) of paragraph (2) of
17subsection (a) of Section 203 of the Illinois Income Tax Act.
18The aid shall be sufficient, when added to all other income,
19money contributions and support, to provide the person with a
20grant in the amount established by Department regulation for
21such a person, based upon standards providing a livelihood
22compatible with health and well-being. Financial aid under this
23Article granted to persons who have been found ineligible for
24Supplemental Security Income (SSI) due to expiration of the
25period of eligibility for refugees and asylees pursuant to 8

 

 

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1U.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
5by the Illinois Department by rule, or to the child in the case
6of a child removed from his or her home, when added to
7contributions in money, substance or services from other
8sources, including income available from parents absent from
9the home or from a stepparent, contributions made for the
10benefit of the parent or other persons necessary to provide
11care and supervision to the child, and contributions from
12legally responsible relatives, must be equal to or less than
13the grant amount established by Department regulation for such
14a person. For purposes of eligibility for aid under this
15Article, the Department shall disregard all earned income
16between the grant amount and 50% of the Federal Poverty Level.
17    In considering income to be taken into account,
18consideration shall be given to any expenses reasonably
19attributable to the earning of such income. Three-fourths of
20the earned income of a household eligible for aid under this
21Article shall be disregarded when determining the level of
22assistance for which a household is eligible. The Illinois
23Department may also permit all or any portion of earned or
24other income to be set aside for the future identifiable needs
25of a child. The Illinois Department may provide by rule and

 

 

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1regulation for the exemptions thus permitted or required. The
2eligibility of any applicant for or recipient of public aid
3under this Article is not affected by the payment of any grant
4under the "Senior Citizens and Disabled Persons Property Tax
5Relief and Pharmaceutical Assistance Act" or any distributions
6or items of income described under subparagraph (X) of
7paragraph (2) of subsection (a) of Section 203 of the Illinois
8Income Tax Act.
9    The Illinois Department may, by rule, set forth criteria
10under which an assistance unit is ineligible for cash
11assistance under this Article for a specified number of months
12due 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
17determined in accordance with the grant amounts, rules and
18regulations of the Illinois Department. Due regard shall be
19given to the self-sufficiency requirements of the family and to
20the income, money contributions and other support and resources
21available, from whatever source. However, the amount and nature
22of any financial aid is not affected by the payment of any
23grant under the "Senior Citizens and Disabled Persons Property
24Tax Relief and Pharmaceutical Assistance Act" or any
25distributions or items of income described under subparagraph

 

 

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1(X) of paragraph (2) of subsection (a) of Section 203 of the
2Illinois Income Tax Act. The aid shall be sufficient, when
3added to all other income, money contributions and support to
4provide the family with a grant in the amount established by
5Department regulation.
6    Subject to appropriation, beginning on July 1, 2008, the
7Department of Human Services shall increase TANF grant amounts
8in effect on June 30, 2008 by 15%. The Department is authorized
9to administer this increase but may not otherwise adopt any
10rule to implement this increase.
11    (b) The Illinois Department may conduct special projects,
12which may be known as Grant Diversion Projects, under which
13recipients of financial aid under this Article are placed in
14jobs and their grants are diverted to the employer who in turn
15makes payments to the recipients in the form of salary or other
16employment benefits. The Illinois Department shall by rule
17specify the terms and conditions of such Grant Diversion
18Projects. Such projects shall take into consideration and be
19coordinated with the programs administered under the Illinois
20Emergency Employment Development Act.
21    (c) The amount and nature of the financial aid for a child
22requiring care outside his own home shall be determined in
23accordance with the rules and regulations of the Illinois
24Department, with due regard to the needs and requirements of
25the child in the foster home or institution in which he has
26been placed.

 

 

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1    (d) If the Department establishes grants for family units
2consisting exclusively of a pregnant woman with no dependent
3child or including her husband if living with her, the grant
4amount for such a unit shall be equal to the grant amount for
5an assistance unit consisting of one adult, or 2 persons if the
6husband is included. Other than as herein described, an unborn
7child shall not be counted in determining the size of an
8assistance unit or for calculating grants.
9    Payments for basic maintenance requirements of a child or
10children and the relative with whom the child or children are
11living shall be prescribed, by rule, by the Illinois
12Department.
13    Grants under this Article shall not be supplemented by
14General Assistance provided under Article VI.
15    (e) Grants shall be paid to the parent or other person with
16whom the child or children are living, except for such amount
17as is paid in behalf of the child or his parent or other
18relative to other persons or agencies pursuant to this Code or
19the rules and regulations of the Illinois Department.
20    (f) Subject to subsection (f-5), an assistance unit,
21receiving financial aid under this Article or temporarily
22ineligible to receive aid under this Article under a penalty
23imposed by the Illinois Department for failure to comply with
24the eligibility requirements or that voluntarily requests
25termination of financial assistance under this Article and
26becomes subsequently eligible for assistance within 9 months,

 

 

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1shall not receive any increase in the amount of aid solely on
2account of the birth of a child; except that an increase is not
3prohibited when the birth is (i) of a child of a pregnant woman
4who became eligible for aid under this Article during the
5pregnancy, or (ii) of a child born within 10 months after the
6date of implementation of this subsection, or (iii) of a child
7conceived after a family became ineligible for assistance due
8to income or marriage and at least 3 months of ineligibility
9expired before any reapplication for assistance. This
10subsection does not, however, prevent a unit from receiving a
11general increase in the amount of aid that is provided to all
12recipients of aid under this Article.
13    The Illinois Department is authorized to transfer funds,
14and shall use any budgetary savings attributable to not
15increasing the grants due to the births of additional children,
16to supplement existing funding for employment and training
17services for recipients of aid under this Article IV. The
18Illinois Department shall target, to the extent the
19supplemental funding allows, employment and training services
20to the families who do not receive a grant increase after the
21birth of a child. In addition, the Illinois Department shall
22provide, to the extent the supplemental funding allows, such
23families with up to 24 months of transitional child care
24pursuant to Illinois Department rules. All remaining
25supplemental funds shall be used for employment and training
26services or transitional child care support.

 

 

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1    In making the transfers authorized by this subsection, the
2Illinois Department shall first determine, pursuant to
3regulations adopted by the Illinois Department for this
4purpose, the amount of savings attributable to not increasing
5the grants due to the births of additional children. Transfers
6may be made from General Revenue Fund appropriations for
7distributive purposes authorized by Article IV of this Code
8only to General Revenue Fund appropriations for employability
9development services including operating and administrative
10costs and related distributive purposes under Article IXA of
11this Code. The Director, with the approval of the Governor,
12shall certify the amount and affected line item appropriations
13to the State Comptroller.
14    Nothing in this subsection shall be construed to prohibit
15the Illinois Department from using funds under this Article IV
16to provide assistance in the form of vouchers that may be used
17to pay for goods and services deemed by the Illinois
18Department, by rule, as suitable for the care of the child such
19as diapers, clothing, school supplies, and cribs.
20    (f-5) Subsection (f) shall not apply to affect the monthly
21assistance amount of any family as a result of the birth of a
22child on or after January 1, 2004. As resources permit after
23January 1, 2004, the Department may cease applying subsection
24(f) to limit assistance to families receiving assistance under
25this Article on January 1, 2004, with respect to children born
26prior to that date. In any event, subsection (f) shall be

 

 

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1completely inoperative on and after July 1, 2007.
2    (g) (Blank).
3    (h) Notwithstanding any other provision of this Code, the
4Illinois Department is authorized to reduce payment levels used
5to determine cash grants under this Article after December 31
6of any fiscal year if the Illinois Department determines that
7the caseload upon which the appropriations for the current
8fiscal year are based have increased by more than 5% and the
9appropriation is not sufficient to ensure that cash benefits
10under this Article do not exceed the amounts appropriated for
11those cash benefits. Reductions in payment levels may be
12accomplished by emergency rule under Section 5-45 of the
13Illinois Administrative Procedure Act, except that the
14limitation on the number of emergency rules that may be adopted
15in a 24-month period shall not apply and the provisions of
16Sections 5-115 and 5-125 of the Illinois Administrative
17Procedure Act shall not apply. Increases in payment levels
18shall be accomplished only in accordance with Section 5-40 of
19the Illinois Administrative Procedure Act. Before any rule to
20increase payment levels promulgated under this Section shall
21become effective, a joint resolution approving the rule must be
22adopted by a roll call vote by a majority of the members
23elected 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)

 

 

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1    Sec. 5-2. Classes of Persons Eligible. Medical assistance
2under this Article shall be available to any of the following
3classes of persons in respect to whom a plan for coverage has
4been submitted to the Governor by the Illinois Department and
5approved 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

 

 

SB3931- 70 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 71 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 72 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 73 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 74 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 75 -LRB097 22399 KTG 71155 b

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.

 

 

SB3931- 76 -LRB097 22399 KTG 71155 b

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,

 

 

SB3931- 77 -LRB097 22399 KTG 71155 b

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.

 

 

SB3931- 78 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 79 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 80 -LRB097 22399 KTG 71155 b

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
4Department is authorized to adopt only those rules necessary,
5including emergency rules. Nothing in Public Act 96-20 permits
6the Department to adopt rules or issue a decision that expands
7eligibility for the FamilyCare Program to a person whose income
8exceeds 185% of the Federal Poverty Level as determined from
9time to time by the U.S. Department of Health and Human
10Services, unless the Department is provided with express
11statutory authority.
12    The Illinois Department and the Governor shall provide a
13plan for coverage of the persons eligible under paragraph 7 as
14soon as possible after July 1, 1984.
15    The eligibility of any such person for medical assistance
16under this Article is not affected by the payment of any grant
17under the Senior Citizens and Disabled Persons Property Tax
18Relief and Pharmaceutical Assistance Act or any distributions
19or items of income described under subparagraph (X) of
20paragraph (2) of subsection (a) of Section 203 of the Illinois
21Income Tax Act. The Department shall by rule establish the
22amounts of assets to be disregarded in determining eligibility
23for medical assistance, which shall at a minimum equal the
24amounts to be disregarded under the Federal Supplemental
25Security Income Program. The amount of assets of a single
26person to be disregarded shall not be less than $2,000, and the

 

 

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1amount of assets of a married couple to be disregarded shall
2not be less than $3,000.
3    To the extent permitted under federal law, any person found
4guilty of a second violation of Article VIIIA shall be
5ineligible for medical assistance under this Article, as
6provided in Section 8A-8.
7    The eligibility of any person for medical assistance under
8this Article shall not be affected by the receipt by the person
9of donations or benefits from fundraisers held for the person
10in cases of serious illness, as long as neither the person nor
11members of the person's family have actual control over the
12donations or benefits or the disbursement of the donations or
13benefits.
14(Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09;
1596-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff.
167-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48,
17eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11;
1897-689, 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
22determined in accordance with the standards, rules, and
23regulations of the Department of Healthcare and Family
24Services, with due regard to the requirements and conditions in
25each case, including contributions available from legally

 

 

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1responsible relatives. However, the amount and nature of such
2medical assistance shall not be affected by the payment of any
3grant under the Senior Citizens and Disabled Persons Property
4Tax Relief and Pharmaceutical Assistance Act or any
5distributions or items of income described under subparagraph
6(X) of paragraph (2) of subsection (a) of Section 203 of the
7Illinois Income Tax Act. The amount and nature of medical
8assistance shall not be affected by the receipt of donations or
9benefits from fundraisers in cases of serious illness, as long
10as neither the person nor members of the person's family have
11actual control over the donations or benefits or the
12disbursement of the donations or benefits.
13    In determining the income and resources available to the
14institutionalized spouse and to the community spouse, the
15Department of Healthcare and Family Services shall follow the
16procedures established by federal law. If an institutionalized
17spouse or community spouse refuses to comply with the
18requirements of Title XIX of the federal Social Security Act
19and the regulations duly promulgated thereunder by failing to
20provide the total value of assets, including income and
21resources, to the extent either the institutionalized spouse or
22community spouse has an ownership interest in them pursuant to
2342 U.S.C. 1396r-5, such refusal may result in the
24institutionalized spouse being denied eligibility and
25continuing to remain ineligible for the medical assistance
26program based on failure to cooperate.

 

 

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1    Subject to federal approval, the community spouse resource
2allowance shall be established and maintained at the higher of
3$109,560 or the minimum level permitted pursuant to Section
41924(f)(2) of the Social Security Act, as now or hereafter
5amended, or an amount set after a fair hearing, whichever is
6greater. The monthly maintenance allowance for the community
7spouse shall be established and maintained at the higher of
8$2,739 per month or the minimum level permitted pursuant to
9Section 1924(d)(3)(C) of the Social Security Act, as now or
10hereafter amended, or an amount set after a fair hearing,
11whichever is greater. Subject to the approval of the Secretary
12of the United States Department of Health and Human Services,
13the provisions of this Section shall be extended to persons who
14but for the provision of home or community-based services under
15Section 4.02 of the Illinois Act on the Aging, would require
16the level of care provided in an institution, as is provided
17for in federal law.
18    (b) Spousal support for institutionalized spouses
19receiving 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

 

 

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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.)
 

 

 

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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
4Provider Fund. Interest earned by the Fund shall be credited to
5the Fund. The Fund shall not be used to replace any moneys
6appropriated to the Medicaid program by the General Assembly.
7    (b) The Fund is created for the purpose of receiving moneys
8in accordance with Section 5A-6 and disbursing moneys only for
9the following purposes, notwithstanding any other provision of
10law:
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

 

 

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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

 

 

SB3931- 87 -LRB097 22399 KTG 71155 b

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

 

 

SB3931- 88 -LRB097 22399 KTG 71155 b

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
26authorized under paragraphs (5) and (6) of this subsection,

 

 

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1shall be by warrants drawn by the State Comptroller upon
2receipt of vouchers duly executed and certified by the Illinois
3Department.
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,
20eff. 2-27-09; 96-45, eff. 7-15-09; 96-821, eff. 11-20-09;
2196-1530, 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
24added to contributions in money, substance, or services from
25other sources, including contributions from legally

 

 

SB3931- 90 -LRB097 22399 KTG 71155 b

1responsible relatives, must be insufficient to equal the grant
2amount established by Department regulation (or by local
3governmental unit in units which do not receive State funds)
4for 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
20wages, salary, or commission for personal services performed as
21an employee. The eligibility of any applicant for or recipient
22of public aid under this Article is not affected by the payment
23of any grant under the "Senior Citizens and Disabled Persons
24Property Tax Relief and Pharmaceutical Assistance Act", any
25refund or payment of the federal Earned Income Tax Credit, or
26any distributions or items of income described under

 

 

SB3931- 91 -LRB097 22399 KTG 71155 b

1subparagraph (X) of paragraph (2) of subsection (a) of Section
2203 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
6Assistance for basic maintenance requirements shall be
7determined in accordance with local budget standards for local
8governmental units which do not receive State funds. For local
9governmental units which do receive State funds, the amount and
10nature of General Assistance for basic maintenance
11requirements shall be determined in accordance with the
12standards, rules and regulations of the Illinois Department.
13However, the amount and nature of any financial aid is not
14affected by the payment of any grant under the Senior Citizens
15and Disabled Persons Property Tax Relief and Pharmaceutical
16Assistance Act or any distributions or items of income
17described under subparagraph (X) of paragraph (2) of subsection
18(a) of Section 203 of the Illinois Income Tax Act. Due regard
19shall be given to the requirements and the conditions existing
20in each case, and to the income, money contributions and other
21support and resources available, from whatever source. In local
22governmental units which do not receive State funds, the grant
23shall be sufficient when added to all other income, money
24contributions and support in excess of any excluded income or
25resources, to provide the person with a grant in the amount

 

 

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1established for such a person by the local governmental unit
2based upon standards meeting basic maintenance requirements.
3In local governmental units which do receive State funds, the
4grant shall be sufficient when added to all other income, money
5contributions and support in excess of any excluded income or
6resources, to provide the person with a grant in the amount
7established for such a person by Department regulation based
8upon standards providing a livelihood compatible with health
9and well-being, as directed by Section 12-4.11 of this Code.
10    The Illinois Department may conduct special projects,
11which may be known as Grant Diversion Projects, under which
12recipients of financial aid under this Article are placed in
13jobs and their grants are diverted to the employer who in turn
14makes payments to the recipients in the form of salary or other
15employment benefits. The Illinois Department shall by rule
16specify the terms and conditions of such Grant Diversion
17Projects. Such projects shall take into consideration and be
18coordinated with the programs administered under the Illinois
19Emergency Employment Development Act.
20    The allowances provided under Article IX for recipients
21participating in the training and rehabilitation programs
22shall be in addition to such maximum payment.
23    Payments may also be made to provide persons receiving
24basic maintenance support with necessary treatment, care and
25supplies required because of illness or disability or with
26acute medical treatment, care, and supplies. Payments for

 

 

SB3931- 93 -LRB097 22399 KTG 71155 b

1necessary or acute medical care under this paragraph may be
2made to or in behalf of the person. Obligations incurred for
3such services but not paid for at the time of a recipient's
4death may be paid, subject to the rules and regulations of the
5Illinois 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
9Public Aid Recoveries Trust Fund shall consist of (1)
10recoveries by the Department of Healthcare and Family Services
11(formerly Illinois Department of Public Aid) authorized by this
12Code in respect to applicants or recipients under Articles III,
13IV, V, and VI, including recoveries made by the Department of
14Healthcare and Family Services (formerly Illinois Department
15of Public Aid) from the estates of deceased recipients, (2)
16recoveries made by the Department of Healthcare and Family
17Services (formerly Illinois Department of Public Aid) in
18respect to applicants and recipients under the Children's
19Health Insurance Program Act, and the Covering ALL KIDS Health
20Insurance Act, and the Senior Citizens and Disabled Persons
21Property Tax Relief and Pharmaceutical Assistance Act, (3)
22federal funds received on behalf of and earned by State
23universities and local governmental entities for services
24provided to applicants or recipients covered under this Code,
25the Children's Health Insurance Program Act, and the Covering

 

 

SB3931- 94 -LRB097 22399 KTG 71155 b

1ALL KIDS Health Insurance Act, and the Senior Citizens and
2Disabled Persons Property Tax Relief and Pharmaceutical
3Assistance Act, (3.5) federal financial participation revenue
4related to eligible disbursements made by the Department of
5Healthcare and Family Services from appropriations required by
6this Section, and (4) all other moneys received to the Fund,
7including interest thereon. The Fund shall be held as a special
8fund in the State Treasury.
9    Disbursements from this Fund shall be only (1) for the
10reimbursement of claims collected by the Department of
11Healthcare and Family Services (formerly Illinois Department
12of Public Aid) through error or mistake, (2) for payment to
13persons or agencies designated as payees or co-payees on any
14instrument, whether or not negotiable, delivered to the
15Department of Healthcare and Family Services (formerly
16Illinois Department of Public Aid) as a recovery under this
17Section, such payment to be in proportion to the respective
18interests of the payees in the amount so collected, (3) for
19payments to the Department of Human Services for collections
20made by the Department of Healthcare and Family Services
21(formerly Illinois Department of Public Aid) on behalf of the
22Department of Human Services under this Code, the Children's
23Health Insurance Program Act, and the Covering ALL KIDS Health
24Insurance Act, (4) for payment of administrative expenses
25incurred in performing the activities authorized under this
26Code, the Children's Health Insurance Program Act, and the

 

 

SB3931- 95 -LRB097 22399 KTG 71155 b

1Covering ALL KIDS Health Insurance Act, and the Senior Citizens
2and Disabled Persons Property Tax Relief and Pharmaceutical
3Assistance Act, (5) for payment of fees to persons or agencies
4in the performance of activities pursuant to the collection of
5monies owed the State that are collected under this Code, the
6Children's Health Insurance Program Act, and the Covering ALL
7KIDS Health Insurance Act, and the Senior Citizens and Disabled
8Persons Property Tax Relief and Pharmaceutical Assistance Act,
9(6) for payments of any amounts which are reimbursable to the
10federal government which are required to be paid by State
11warrant by either the State or federal government, and (7) for
12payments to State universities and local governmental entities
13of federal funds for services provided to applicants or
14recipients covered under this Code, the Children's Health
15Insurance Program Act, and the Covering ALL KIDS Health
16Insurance Act, and the Senior Citizens and Disabled Persons
17Property Tax Relief and Pharmaceutical Assistance Act.
18Disbursements from this Fund for purposes of items (4) and (5)
19of this paragraph shall be subject to appropriations from the
20Fund 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
23quarter, after payment therefrom of any amounts reimbursable to
24the federal government, and minus the amount reasonably
25anticipated to be needed to make the disbursements during that
26quarter authorized by this Section, shall be certified by the

 

 

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1Director of Healthcare and Family Services and transferred by
2the State Comptroller to the Drug Rebate Fund or the Healthcare
3Provider Relief Fund in the State Treasury, as appropriate,
4within 30 days of the first day of each calendar quarter. The
5Director of Healthcare and Family Services may certify and the
6State Comptroller shall transfer to the Drug Rebate Fund
7amounts on a more frequent basis.
8    On July 1, 1999, the State Comptroller shall transfer the
9sum of $5,000,000 from the Public Aid Recoveries Trust Fund
10(formerly the Public Assistance Recoveries Trust Fund) into the
11DHS Recoveries Trust Fund.
12(Source: P.A. 96-1100, eff. 1-1-11; 97-647, eff. 1-1-12;
1397-689, eff. 6-14-12.)
 
14    Section 40. The Senior Citizens and Disabled Persons
15Property Tax Relief Act is amended by changing the title of the
16Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, 9,
1712, and 13 and by adding Section 4.2 as follows:
 
18    (320 ILCS 25/Act title)
19An Act in relation to the payment of grants to enable the
20elderly and the disabled to acquire or retain private housing
21and 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

 

 

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1known and may be cited as the Senior Citizens and Disabled
2Persons Property Tax Relief and Pharmaceutical Assistance Act.
3Common references to the "Circuit Breaker Act" mean this
4Article. As used in this Article, "this Act" means this
5Article.
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;
9termination of the Illinois Senior Citizens and Disabled
10Persons Pharmaceutical Assistance Program. Executive Order No.
113 of 2004, in part, provided for the transfer of the programs
12under this Act from the Department of Revenue to the Department
13on Aging and the Department of Healthcare and Family Services.
14It is the purpose of this amendatory Act of the 96th General
15Assembly to conform this Act and certain related provisions of
16other statutes to that Executive Order. This amendatory Act of
17the 96th General Assembly also makes other substantive changes
18to this Act.
19    It is the purpose of this amendatory Act of the 97th
20General Assembly to terminate the Illinois Senior Citizens and
21Disabled Persons Pharmaceutical Assistance Program on July 1,
222012.
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)

 

 

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1    Sec. 2. Purpose. The purpose of this Act is to provide
2incentives to the senior citizens and disabled persons of this
3State to acquire and retain private housing of their choice and
4at the same time to relieve those citizens from the burdens of
5extraordinary property taxes and rising drug costs against
6their increasingly restricted earning power, and thereby to
7reduce 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"
11means a person who (i) is living in the same residence with a
12claimant for the claim year and at the time of filing the
13claim, (ii) is not the spouse of the claimant, (iii) does not
14file a separate claim under this Act for the same period, and
15(iv) receives more than half of his or her total financial
16support for that claim year from the household. An Prior to
17July 1, 2012, an additional resident who meets qualifications
18may receive pharmaceutical assistance based on a claimant's
19application.
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
23promulgated and forms prescribed by the applicable Department.
24In this Act, references to the rules of the Department on Aging

 

 

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1or the Department of Healthcare and Family Services, in effect
2prior to July 1, 2012, shall be deemed to include, in
3appropriate cases, the corresponding rules adopted by the
4Department of Revenue, to the extent that those rules continue
5in 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
10individual who will become 65 years old during the calendar
11year in which a claim is filed, and any surviving spouse of
12such a claimant, who at the time of death received or was
13entitled to receive a grant pursuant to this Section, which
14surviving spouse will become 65 years of age within the 24
15months immediately following the death of such claimant and
16which surviving spouse but for his or her age is otherwise
17qualified to receive a grant pursuant to this Section, and any
18disabled person whose annual household income is less than the
19income eligibility limitation, as defined in subsection (a-5)
20and whose household is liable for payment of property taxes
21accrued or has paid rent constituting property taxes accrued
22and is domiciled in this State at the time he or she files his
23or her claim is entitled to claim a grant under this Act. With
24respect to claims filed by individuals who will become 65 years
25old during the calendar year in which a claim is filed, the

 

 

SB3931- 100 -LRB097 22399 KTG 71155 b

1amount of any grant to which that household is entitled shall
2be an amount equal to 1/12 of the amount to which the claimant
3would otherwise be entitled as provided in this Section,
4multiplied by the number of months in which the claimant was 65
5in the calendar year in which the claim is filed.
6    (a-5) Income eligibility limitation. For purposes of this
7Section, "income eligibility limitation" means an amount for
8grant 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
16year 2010, a household must have annual household income of
17less than $27,610 for a household containing one person; less
18than $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
21January 1, 2011, and thereafter, the foregoing household income
22eligibility limits may be changed to reflect the annual cost of
23living adjustment in Social Security and Supplemental Security
24Income benefits that are applicable to the year for which those
25benefits are being reported as income on an application.
26    If a person files as a surviving spouse, then only his or

 

 

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1her income shall be counted in determining his or her household
2income.
3    (b) Limitation. Except as otherwise provided in
4subsections (a) and (f) of this Section, the maximum amount of
5grant which a claimant is entitled to claim is the amount by
6which the property taxes accrued which were paid or payable
7during the last preceding tax year or rent constituting
8property taxes accrued upon the claimant's residence for the
9last preceding taxable year exceeds 3 1/2% of the claimant's
10household income for that year but in no event is the grant to
11exceed (i) $700 less 4.5% of household income for that year for
12those with a household income of $14,000 or less or (ii) $70 if
13household income for that year is more than $14,000.
14    (c) Public aid recipients. If household income in one or
15more months during a year includes cash assistance in excess of
16$55 per month from the Department of Healthcare and Family
17Services or the Department of Human Services (acting as
18successor to the Department of Public Aid under the Department
19of Human Services Act) which was determined under regulations
20of that Department on a measure of need that included an
21allowance for actual rent or property taxes paid by the
22recipient of that assistance, the amount of grant to which that
23household is entitled, except as otherwise provided in
24subsection (a), shall be the product of (1) the maximum amount
25computed as specified in subsection (b) of this Section and (2)
26the ratio of the number of months in which household income did

 

 

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1not include such cash assistance over $55 to the number twelve.
2If household income did not include such cash assistance over
3$55 for any months during the year, the amount of the grant to
4which the household is entitled shall be the maximum amount
5computed as specified in subsection (b) of this Section. For
6purposes of this paragraph (c), "cash assistance" does not
7include any amount received under the federal Supplemental
8Security Income (SSI) program.
9    (d) Joint ownership. If title to the residence is held
10jointly by the claimant with a person who is not a member of
11his or her household, the amount of property taxes accrued used
12in computing the amount of grant to which he or she is entitled
13shall be the same percentage of property taxes accrued as is
14the percentage of ownership held by the claimant in the
15residence.
16    (e) More than one residence. If a claimant has occupied
17more than one residence in the taxable year, he or she may
18claim only one residence for any part of a month. In the case
19of property taxes accrued, he or she shall prorate 1/12 of the
20total property taxes accrued on his or her residence to each
21month that he or she owned and occupied that residence; and, in
22the case of rent constituting property taxes accrued, shall
23prorate each month's rent payments to the residence actually
24occupied during that month.
25    (f) (Blank).
26    (g) There Effective January 1, 2006, there is hereby

 

 

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1established a program of pharmaceutical assistance to the aged
2and disabled, entitled the Illinois Seniors and Disabled Drug
3Coverage Program, which shall be administered by the Department
4of Healthcare and Family Services and the Department on Aging
5in accordance with this subsection, to consist of coverage of
6specified prescription drugs on behalf of beneficiaries of the
7program as set forth in this subsection. Notwithstanding any
8provisions of this Act to the contrary, on and after July 1,
92012, pharmaceutical assistance under this Act shall no longer
10be provided, and on July 1, 2012 the Illinois Senior Citizens
11and Disabled Persons Pharmaceutical Assistance Program shall
12terminate. The following provisions that concern the Illinois
13Senior Citizens and Disabled Persons Pharmaceutical Assistance
14Program shall continue to apply on and after July 1, 2012 to
15the extent necessary to pursue any actions authorized by
16subsection (d) of Section 9 of this Act with respect to acts
17which took place prior to July 1, 2012.
18    To become a beneficiary under the program established under
19this 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

 

 

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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
20pharmaceutical assistance program operated pursuant to
21subsection (f) of this Section and all individuals enrolled as
22of December 31, 2005, in the SeniorCare Medicaid waiver program
23operated pursuant to Section 5-5.12a of the Illinois Public Aid
24Code shall be automatically enrolled in the program established
25by this subsection for the first year of operation without the
26need for further application, except that they must apply for

 

 

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1Medicare Part D and the Low Income Subsidy under Medicare Part
2D. A person enrolled in the pharmaceutical assistance program
3operated pursuant to subsection (f) of this Section as of
4December 31, 2005, shall not lose eligibility in future years
5due only to the fact that the person has they have not reached
6the age of 65.
7    To the extent permitted by federal law, the Department may
8act as an authorized representative of a beneficiary in order
9to enroll the beneficiary in a Medicare Part D Prescription
10Drug Plan if the beneficiary has failed to choose a plan and,
11where possible, to enroll beneficiaries in the low-income
12subsidy program under Medicare Part D or assist them in
13enrolling in that program.
14    Beneficiaries under the program established under this
15subsection shall be divided into the following 4 eligibility
16groups:
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.

 

 

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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
21the cost of covered prescription drugs in excess of the
22beneficiary cost-sharing amounts set forth in this paragraph
23that are not covered by Medicare. The Department of Healthcare
24and Family Services may establish by emergency rule changes in
25cost-sharing necessary to conform the cost of the program to
26the amounts appropriated for State fiscal year 2012 and future

 

 

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1fiscal years except that the 24-month limitation on the
2adoption of emergency rules and the provisions of Sections
35-115 and 5-125 of the Illinois Administrative Procedure Act
4shall not apply to rules adopted under this subsection (g). The
5adoption of emergency rules authorized by this subsection (g)
6shall be deemed to be necessary for the public interest,
7safety, and welfare.
8    For purposes of the program established under this
9subsection, the term "covered prescription drug" has the
10following 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

 

 

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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
17assistance under this subsection whose covered drugs are
18covered by any public program is ineligible for assistance
19under this subsection to the extent that the cost of those
20drugs is covered by the other program.
21    The Department of Healthcare and Family Services shall
22establish by rule the methods by which it will provide for the
23coverage called for in this subsection. Those methods may
24include direct reimbursement to pharmacies or the payment of a
25capitated amount to Medicare Part D Prescription Drug Plans.
26    For a pharmacy to be reimbursed under the program

 

 

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1established under this subsection, it must comply with rules
2adopted by the Department of Healthcare and Family Services
3regarding coordination of benefits with Medicare Part D
4Prescription Drug Plans. A pharmacy may not charge a
5Medicare-enrolled beneficiary of the program established under
6this subsection more for a covered prescription drug than the
7appropriate Medicare cost-sharing less any payment from or on
8behalf of the Department of Healthcare and Family Services.
9    The Department of Healthcare and Family Services or the
10Department on Aging, as appropriate, may adopt rules regarding
11applications, counting of income, proof of Medicare status,
12mandatory generic policies, and pharmacy reimbursement rates
13and any other rules necessary for the cost-efficient operation
14of the program established under this subsection.
15    (h) A qualified individual is not entitled to duplicate
16benefits in a coverage period as a result of the changes made
17by 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,
19eff. 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,
23required eligibility and identification information, use of
24social security numbers, and manner of applying for benefits in
25a simplified format under this Act, including claims filed for

 

 

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1new or renewed prescription drug benefits.
2    (b) An application may be filed on paper or over the
3Internet to enable persons to apply separately or for both a
4property tax relief grant and pharmaceutical assistance on the
5same application. An application may also enable persons to
6apply for other State or federal programs that provide medical
7or pharmaceutical assistance or other benefits, as determined
8by the Department on Aging in conjunction with the Department
9of Healthcare and Family Services.
10    (c) Applications must be filed during the time period
11prescribed 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
15any other law to the contrary, entities subject to the Illinois
16Insurance Code, Comprehensive Health Insurance Plan Act,
17Dental Service Plan Act, Children's Health Insurance Program
18Act, Health Care Purchasing Group Act, Health Maintenance
19Organization Act, Limited Health Service Organization Act,
20Voluntary Health Services Plans Act, and the Workers'
21Compensation Act, including, but not limited to, insurers,
22health maintenance organizations, pharmacy benefit managers,
23third party administrators, fraternal benefit societies,
24group-funded workers' compensation pools, municipal
25group-funded pools, self-funded or self-insured welfare or

 

 

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1benefit plans or programs, and any other entities that provide
2health coverage through an employer, union, trade association
3or other organization or source, or any other entities, must
4provide information to the Department, or its designee, that is
5necessary to carry out the purposes of this Act, including, but
6not limited to, the name, social security number, address, date
7of birth, and coverage of their policyholders, their
8subscribers, or the beneficiaries of their plans, benefits, or
9services who participate in the programs under this Act. The
10provision of this information to the Department or its designee
11is subject to the confidentiality provisions in Section 8a of
12this 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
16forms prescribed by the Department. No claim may be filed more
17than one year after December 31 of the year for which the claim
18is filed.
19    (b) Claim is Personal. The right to file a claim under this
20Act shall be personal to the claimant and shall not survive his
21death, but such right may be exercised on behalf of a claimant
22by his legal guardian or attorney-in-fact. If a claimant dies
23after having filed a timely claim, the amount thereof shall be
24disbursed to his surviving spouse or, if no spouse survives, to
25his surviving dependent minor children in equal parts, provided

 

 

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1the spouse or child, as the case may be, resided with the
2claimant at the time he filed his claim. If at the time of
3disbursement neither the claimant nor his spouse is surviving,
4and no dependent minor children of the claimant are surviving
5the amount of the claim shall escheat to the State.
6    (c) One claim per household. Only one member of a household
7may file a claim under this Act in any calendar year; where
8both members of a household are otherwise entitled to claim a
9grant under this Act, they must agree as to which of them will
10file a claim for that year.
11    (d) (Blank).
12    (e) Pharmaceutical Assistance Procedures. The Prior to
13July 1, 2012, the Department of Healthcare and Family Services
14shall determine eligibility for pharmaceutical assistance
15using the applicant's current income. The Department shall
16determine a person's current income in the manner provided by
17the Department by rule.
18    (f) A person may not under any circumstances charge a fee
19to a claimant under this Act for assistance in completing an
20application form for a property tax relief grant or
21pharmaceutical assistance under this Act.
22(Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10;
2396-1000, 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.

 

 

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1    (a) In general. Upon receipt of a timely filed claim, the
2Department shall determine whether the claimant is a person
3entitled to a grant under this Act and the amount of grant to
4which he is entitled under this Act. The Department may require
5the claimant to furnish reasonable proof of the statements of
6domicile, household income, rent paid, property taxes accrued
7and other matters on which entitlement is based, and may
8withhold payment of a grant until such additional proof is
9furnished.
10    (b) Rental determination. If the Department finds that the
11gross rent used in the computation by a claimant of rent
12constituting property taxes accrued exceeds the fair rental
13value for the right to occupy that residence, the Department
14may determine the fair rental value for that residence and
15recompute rent constituting property taxes accrued
16accordingly.
17    (c) Fraudulent claims. The Department shall deny claims
18which have been fraudulently prepared or when it finds that the
19claimant has acquired title to his residence or has paid rent
20for his residence primarily for the purpose of receiving a
21grant under this Act.
22    (d) (Blank).
23    (e) Pharmaceutical Assistance. The Department shall allow
24all pharmacies licensed under the Pharmacy Practice Act to
25participate as authorized pharmacies unless they have been
26removed from that status for cause pursuant to the terms of

 

 

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1this Section. The Director of the Department may enter into a
2written contract with any State agency, instrumentality or
3political subdivision, or a fiscal intermediary for the purpose
4of making payments to authorized pharmacies for covered
5prescription drugs and coordinating the program of
6pharmaceutical assistance established by this Act with other
7programs that provide payment for covered prescription drugs.
8Such agreement shall establish procedures for properly
9contracting for pharmacy services, validating reimbursement
10claims, validating compliance of dispensing pharmacists with
11the contracts for participation required under this Section,
12validating the reasonable costs of covered prescription drugs,
13and otherwise providing for the effective administration of
14this Act.
15    The Department shall promulgate rules and regulations to
16implement and administer the program of pharmaceutical
17assistance required by this Act, which shall include the
18following:
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

 

 

SB3931- 115 -LRB097 22399 KTG 71155 b

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);

 

 

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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
4the General Assembly by March 1st of each year on the
5administration of pharmaceutical assistance under this Act. By
6the effective date of this Act the Department shall determine
7the reasonable costs of covered prescription drugs in
8accordance 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;
1097-689, 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
14appropriations made for that purpose of grants to claimants
15under this Act in the amounts to which the Department has
16determined they are entitled, respectively. If a claim is
17denied, the Director shall cause written notice of that denial
18and the reasons for that denial to be sent to the claimant.
19    (b) Payment of claims one dollar and under. Where the
20amount of the grant computed under Section 4 is less than one
21dollar, the Department shall pay to the claimant one dollar.
22    (c) Right to appeal. Any person aggrieved by an action or
23determination of the Department on Aging arising under any of
24its powers or duties under this Act may request in writing that
25the Department on Aging reconsider its action or determination,

 

 

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1setting out the facts upon which the request is based. The
2Department on Aging shall consider the request and either
3modify or affirm its prior action or determination. The
4Department on Aging may adopt, by rule, procedures for
5conducting its review under this Section.
6    Any person aggrieved by an action or determination of the
7Department of Healthcare and Family Services arising under any
8of its powers or duties under this Act may request in writing
9that the Department of Healthcare and Family Services
10reconsider its action or determination, setting out the facts
11upon which the request is based. The Department of Healthcare
12and Family Services shall consider the request and either
13modify or affirm its prior action or determination. The
14Department of Healthcare and Family Services may adopt, by
15rule, 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
20and , prior to July 1, 2012, every applicant for pharmaceutical
21assistance under this Act shall keep such records, render such
22statements, file such forms and comply with such rules and
23regulations as the Department on Aging may from time to time
24prescribe. The Department on Aging may by regulations require
25landlords to furnish to tenants statements as to gross rent or

 

 

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1rent 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
6under this Act, or who for compensation prepares a claim for a
7grant and knowingly enters false information on an application
8for any claimant under this Act, or who fraudulently files
9multiple applications, or who fraudulently states that a
10nondisabled person is disabled, or who , prior to July 1, 2012,
11fraudulently procures pharmaceutical assistance benefits, or
12who fraudulently uses such assistance to procure covered
13prescription drugs, or who, on behalf of an authorized
14pharmacy, files a fraudulent request for payment, is guilty of
15a Class 4 felony for the first offense and is guilty of a Class
163 felony for each subsequent offense.
17    (b) (Blank).
18    (b-5) The Department on Aging and the Department of
19Healthcare and Family Services shall immediately suspend the
20pharmaceutical assistance benefits of any person suspected of
21fraudulent procurement or fraudulent use of such assistance,
22and shall revoke such assistance upon a conviction. A person
23convicted of fraud under subsection (a) shall be permanently
24barred from all of the programs established under this Act.
25    (c) The Department on Aging may recover from a claimant any

 

 

SB3931- 119 -LRB097 22399 KTG 71155 b

1amount paid to that claimant under this Act on account of an
2erroneous or fraudulent claim, together with 6% interest per
3year. Amounts recoverable from a claimant by the Department on
4Aging under this Act may, but need not, be recovered by
5offsetting the amount owed against any future grant payable to
6the person under this Act.
7    The Department of Healthcare and Family Services may
8recover for acts prior to July 1, 2012 from an authorized
9pharmacy any amount paid to that pharmacy under the
10pharmaceutical assistance program on account of an erroneous or
11fraudulent request for payment under that program, together
12with 6% interest per year. The Department of Healthcare and
13Family Services may recover from a person who erroneously or
14fraudulently obtains benefits under the pharmaceutical
15assistance program the value of the benefits so obtained,
16together with 6% interest per year.
17    (d) A prosecution for a violation of this Section may be
18commenced at any time within 3 years of the commission of that
19violation.
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
24the contrary, the Department on Aging may adopt rules regarding
25applications, proof of eligibility, required identification

 

 

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1information, use of social security numbers, counting of
2income, and a method of computing "gross rent" in the case of a
3claimant living in a nursing or sheltered care home, and any
4other rules necessary for the cost-efficient operation of the
5program established under Section 4.
6    (b) The Department on Aging shall, to the extent of
7appropriations 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)

 

 

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1    Sec. 13. List of persons who have qualified. The Department
2on Aging shall maintain a list of all persons who have
3qualified under this Act and shall make the list available to
4the Department of Healthcare and Family Services, the
5Department of Public Health, the Secretary of State,
6municipalities, and public transit authorities upon request.
7    All information received by a State agency, municipality,
8or public transit authority under this Section shall be
9confidential, except for official purposes, and any person who
10divulges or uses that information in any manner, except in
11accordance with a proper judicial order, shall be guilty of a
12Class 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
15Act 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
19for the year is no greater than: (i) $40,000 through tax year
202005; (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
23real estate taxes are deferred under this Act.
24    (c) "Homestead" means the land and buildings thereon,

 

 

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1including a condominium or a dwelling unit in a multidwelling
2building that is owned and operated as a cooperative, occupied
3by the taxpayer as his residence or which are temporarily
4unoccupied by the taxpayer because such taxpayer is temporarily
5residing, for not more than 1 year, in a licensed facility as
6defined in Section 1-113 of the Nursing Home Care Act.
7    (d) "Real estate taxes" or "taxes" means the taxes on real
8property for which the taxpayer would be liable under the
9Property Tax Code, including special service area taxes, and
10special assessments on benefited real property for which the
11taxpayer 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
14taxpayer or the taxpayer and his spouse own in fee simple or
15are purchasing in fee simple under a recorded instrument of
16sale, (b) is not income-producing property, (c) is not subject
17to a lien for unpaid real estate taxes when a claim under this
18Act is filed, and (d) is not held in trust, other than an
19Illinois land trust with the taxpayer identified as the sole
20beneficiary, if the taxpayer is filing for the program for the
21first time effective as of the January 1, 2011 assessment year
22or tax year 2012 and thereafter.
23    (g) "Equity interest" means the current assessed valuation
24of the qualified property times the fraction necessary to
25convert that figure to full market value minus any outstanding
26debts or liens on that property. In the case of qualifying

 

 

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1property not having a separate assessed valuation, the
2appraised value as determined by a qualified real estate
3appraiser shall be used instead of the current assessed
4valuation.
5    (h) "Household income" has the meaning ascribed to that
6term in the Senior Citizens and Disabled Persons Property Tax
7Relief and Pharmaceutical Assistance Act.
8    (i) "Collector" means the county collector or, if the taxes
9to be deferred are special assessments, an official designated
10by 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
14any mortgage or other instrument relating to land requiring a
15person to pay real estate taxes or (b) affects the eligibility
16of any person to receive any grant pursuant to the "Senior
17Citizens and Disabled Persons Property Tax Relief and
18Pharmaceutical Assistance Act".
19(Source: P.A. 97-689, eff. 6-14-12.)
 
20    Section 49. Senior Pharmaceutical Assistance Act is
21amended by changing Section 5
 
22    (320 ILCS 50/5)
23    Sec. 5. Findings. The General Assembly finds:

 

 

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1    (1) Senior citizens identify pharmaceutical assistance as
2the single most critical factor to their health, well-being,
3and continued independence.
4    (2) The State of Illinois currently operates 2
5pharmaceutical assistance programs that benefit seniors: (i)
6the program of pharmaceutical assistance under the Senior
7Citizens and Disabled Persons Property Tax Relief and
8Pharmaceutical Assistance Act and (ii) the Aid to the Aged,
9Blind, or Disabled program under the Illinois Public Aid Code.
10The State has been given authority to establish a third
11program, SeniorRx Care, through a federal Medicaid waiver.
12    (3) Each year, numerous pieces of legislation are filed
13seeking to establish additional pharmaceutical assistance
14benefits for seniors or to make changes to the existing
15programs.
16    (4) Establishment of a pharmaceutical assistance review
17committee will ensure proper coordination of benefits,
18diminish the likelihood of duplicative benefits, and ensure
19that the best interests of seniors are served.
20    (5) In addition to the State pharmaceutical assistance
21programs, several private entities, such as drug manufacturers
22and pharmacies, also offer prescription drug discount or
23coverage programs.
24    (6) Many seniors are unaware of the myriad of public and
25private programs available to them.
26    (7) Establishing a pharmaceutical clearinghouse with a

 

 

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1toll-free hot-line and local outreach workers will educate
2seniors about the vast array of options available to them and
3enable seniors to make an educated and informed choice that is
4best for them.
5    (8) Estimates indicate that almost one-third of senior
6citizens lack prescription drug coverage. The federal
7government, states, and the pharmaceutical industry each have a
8role in helping these uninsured seniors gain access to
9life-saving medications.
10    (9) The State of Illinois has recognized its obligation to
11assist Illinois' neediest seniors in purchasing prescription
12medications, and it is now time for pharmaceutical
13manufacturers to recognize their obligation to make their
14medications affordable to seniors.
15(Source: P.A. 97-689, eff. 6-14-12.)
 
16    Section 50. The Illinois Vehicle Code is amended by
17changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3,
18and 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
21application for the registration of one motor vehicle of the
22first division or one motor vehicle of the second division
23weighing not more than 8,000 pounds to the Secretary of State
24without the payment of any registration fee if (i) the veteran

 

 

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1holds proof of a service-connected disability from the United
2States Department of Veterans Affairs and (ii) a licensed
3physician, physician assistant, or advanced practice nurse has
4certified in accordance with Section 3-616 that because of the
5service-connected disability the veteran qualifies for
6issuance of registration plates or decals to a person with
7disabilities. The Secretary may, in his or her discretion,
8allow the plates to be issued as vanity or personalized plates
9in accordance with Section 3-405.1 of this Code. Registration
10shall be for a multi-year period and may be issued staggered
11registration.
12    Renewal of such registration must be accompanied with
13documentation for eligibility of registration without fee
14unless the applicant has a permanent qualifying disability, and
15such registration plates may not be issued to any person not
16eligible therefor.
17    The Illinois Department of Veterans' Affairs may assist in
18providing the documentation of disability.
19    Commencing with the 2009 registration year, any person
20eligible to receive license plates under this Section who has
21been approved for benefits under the Senior Citizens and
22Disabled Persons Property Tax Relief and Pharmaceutical
23Assistance Act, or who has claimed and received a grant under
24that Act, shall pay a fee of $24 instead of the fee otherwise
25provided in this Code for passenger cars displaying standard
26multi-year registration plates issued under Section 3-414.1,

 

 

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1for motor vehicles registered at 8,000 pounds or less under
2Section 3-815(a), or for recreational vehicles registered at
38,000 pounds or less under Section 3-815(b), for a second set
4of 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
8receipt of an application made in the form prescribed by the
9Secretary of State, may issue to recipients awarded the Purple
10Heart by a branch of the armed forces of the United States who
11reside in Illinois, special registration plates. The
12Secretary, upon receipt of the proper application, may also
13issue these special registration plates to an Illinois resident
14who is the surviving spouse of a person who was awarded the
15Purple Heart by a branch of the armed forces of the United
16States. The special plates issued pursuant to this Section
17should be affixed only to passenger vehicles of the 1st
18division, including motorcycles, or motor vehicles of the 2nd
19division weighing not more than 8,000 pounds. The Secretary
20may, in his or her discretion, allow the plates to be issued as
21vanity or personalized plates in accordance with Section
223-405.1 of this Code. The Secretary of State must make a
23version of the special registration plates authorized under
24this Section in a form appropriate for motorcycles.
25    The design and color of such plates shall be wholly within

 

 

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1the discretion of the Secretary of State. Appropriate
2documentation, as determined by the Secretary, and the
3appropriate registration fee shall accompany the application.
4However, for an individual who has been issued Purple Heart
5plates for a vehicle and who has been approved for benefits
6under the Senior Citizens and Disabled Persons Property Tax
7Relief and Pharmaceutical Assistance Act, the annual fee for
8the registration of the vehicle shall be as provided in Section
93-806.3 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
14Secretary, upon receipt of all applicable fees and applications
15made in the form prescribed by the Secretary of State, may
16issue special registration plates designated as Korean War
17Veteran license plates to residents of Illinois who
18participated in the United States Armed Forces during the
19Korean War. The special plate issued under this Section shall
20be affixed only to passenger vehicles of the first division,
21motorcycles, motor vehicles of the second division weighing not
22more than 8,000 pounds, and recreational vehicles as defined by
23Section 1-169 of this Code. Plates issued under this Section
24shall expire according to the staggered multi-year procedure
25established by Section 3-414.1 of this Code.

 

 

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1    (b) The design, color, and format of the plates shall be
2wholly within the discretion of the Secretary of State. The
3Secretary may, in his or her discretion, allow the plates to be
4issued as vanity plates or personalized in accordance with
5Section 3-405.1 of this Code. The plates are not required to
6designate "Land Of Lincoln", as prescribed in subsection (b) of
7Section 3-412 of this Code. The Secretary shall prescribe the
8eligibility requirements and, in his or her discretion, shall
9approve and prescribe stickers or decals as provided under
10Section 3-412.
11    (c) (Blank).
12    (d) The Korean War Memorial Construction Fund is created as
13a special fund in the State treasury. All moneys in the Korean
14War Memorial Construction Fund shall, subject to
15appropriation, be used by the Department of Veteran Affairs to
16provide grants for construction of the Korean War Memorial to
17be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
18the completion of the Memorial, the Department of Veteran
19Affairs shall certify to the State Treasurer that the
20construction of the Memorial has been completed. Upon the
21certification by the Department of Veteran Affairs, the State
22Treasurer shall transfer all moneys in the Fund and any future
23deposits into the Fund into the Secretary of State Special
24License Plate Fund.
25    (e) An individual who has been issued Korean War Veteran
26license plates for a vehicle and who has been approved for

 

 

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1benefits under the Senior Citizens and Disabled Persons
2Property Tax Relief and Pharmaceutical Assistance Act shall pay
3the original issuance and the regular annual fee for the
4registration of the vehicle as provided in Section 3-806.3 of
5this Code in addition to the fees specified in subsection (c)
6of 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
11Secretary, upon receipt of all applicable fees and applications
12made in the form prescribed by the Secretary of State, may
13issue special registration plates designated as Korean Service
14license plates to residents of Illinois who, on or after July
1527, 1954, participated in the United States Armed Forces in
16Korea. The special plate issued under this Section shall be
17affixed only to passenger vehicles of the first division,
18motorcycles, motor vehicles of the second division weighing not
19more than 8,000 pounds, and recreational vehicles as defined by
20Section 1-169 of this Code. Plates issued under this Section
21shall expire according to the staggered multi-year procedure
22established by Section 3-414.1 of this Code.
23    (b) The design, color, and format of the plates shall be
24wholly within the discretion of the Secretary of State. The
25Secretary may, in his or her discretion, allow the plates to be

 

 

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1issued as vanity or personalized plates in accordance with
2Section 3-405.1 of this Code. The plates are not required to
3designate "Land of Lincoln", as prescribed in subsection (b) of
4Section 3-412 of this Code. The Secretary shall prescribe the
5eligibility requirements and, in his or her discretion, shall
6approve and prescribe stickers or decals as provided under
7Section 3-412.
8    (c) An applicant shall be charged a $2 fee for original
9issuance in addition to the applicable registration fee. This
10additional fee shall be deposited into the Korean War Memorial
11Construction Fund a special fund in the State treasury.
12    (d) An individual who has been issued Korean Service
13license plates for a vehicle and who has been approved for
14benefits under the Senior Citizens and Disabled Persons
15Property Tax Relief and Pharmaceutical Assistance Act shall pay
16the original issuance and the regular annual fee for the
17registration of the vehicle as provided in Section 3-806.3 of
18this Code in addition to the fees specified in subsection (c)
19of 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.
23The Secretary, upon receipt of an application made in the form
24prescribed by the Secretary of State, shall issue special
25registration plates to any Illinois resident who has been

 

 

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1awarded the Distinguished Service Cross by a branch of the
2armed forces of the United States. The Secretary, upon receipt
3of the proper application, shall also issue these special
4registration plates to an Illinois resident who is the
5surviving spouse of a person who was awarded the Distinguished
6Service Cross by a branch of the armed forces of the United
7States. The special plates issued under this Section should be
8affixed only to passenger vehicles of the first division,
9including motorcycles, or motor vehicles of the second division
10weighing not more than 8,000 pounds.
11    The design and color of the plates shall be wholly within
12the discretion of the Secretary of State. Appropriate
13documentation, as determined by the Secretary, and the
14appropriate registration fee shall accompany the application.
15However, for an individual who has been issued Distinguished
16Service Cross plates for a vehicle and who has been approved
17for benefits under the Senior Citizens and Disabled Persons
18Property Tax Relief and Pharmaceutical Assistance Act, the
19annual fee for the registration of the vehicle shall be as
20provided 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
24registration year, the registration fee paid by any vehicle
25owner who has been approved for benefits under the Senior

 

 

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1Citizens and Disabled Persons Property Tax Relief and
2Pharmaceutical Assistance Act or who is the spouse of such a
3person shall be $24 instead of the fee otherwise provided in
4this Code for passenger cars displaying standard multi-year
5registration plates issued under Section 3-414.1, motor
6vehicles displaying special registration plates issued under
7Section 3-609, 3-616, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626,
83-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, or 3-663,
9motor vehicles registered at 8,000 pounds or less under Section
103-815(a), and recreational vehicles registered at 8,000 pounds
11or less under Section 3-815(b). Widows and widowers of
12claimants shall also be entitled to this reduced registration
13fee for the registration year in which the claimant was
14eligible.
15    Commencing with the 2009 registration year, the
16registration fee paid by any vehicle owner who has claimed and
17received a grant under the Senior Citizens and Disabled Persons
18Property Tax Relief and Pharmaceutical Assistance Act or who is
19the spouse of such a person shall be $24 instead of the fee
20otherwise provided in this Code for passenger cars displaying
21standard multi-year registration plates issued under Section
223-414.1, motor vehicles displaying special registration plates
23issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
243-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
253-651, 3-663, or 3-664, motor vehicles registered at 8,000
26pounds or less under Section 3-815(a), and recreational

 

 

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1vehicles registered at 8,000 pounds or less under Section
23-815(b). Widows and widowers of claimants shall also be
3entitled to this reduced registration fee for the registration
4year in which the claimant was eligible.
5    No more than one reduced registration fee under this
6Section shall be allowed during any 12 month period based on
7the primary eligibility of any individual, whether such reduced
8registration fee is allowed to the individual or to the spouse,
9widow or widower of such individual. This Section does not
10apply to the fee paid in addition to the registration fee for
11motor 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
15disabilities.
16    (a) The Secretary of State shall provide for, by
17administrative rules, the design, size, color, and placement of
18a person with disabilities motorist decal or device and shall
19provide for, by administrative rules, the content and form of
20an application for a person with disabilities motorist decal or
21device, which shall be used by local authorities in the
22issuance thereof to a person with temporary disabilities,
23provided that the decal or device is valid for no more than 90
24days, subject to renewal for like periods based upon continued
25disability, and further provided that the decal or device

 

 

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1clearly sets forth the date that the decal or device expires.
2The application shall include the requirement of an Illinois
3Identification Card number or a State of Illinois driver's
4license number. This decal or device may be used by the
5authorized holder to designate and identify a vehicle not owned
6or displaying a registration plate as provided in Sections
73-609 and 3-616 of this Act to designate when the vehicle is
8being used to transport said person or persons with
9disabilities, and thus is entitled to enjoy all the privileges
10that would be afforded a person with disabilities licensed
11vehicle. Person with disabilities decals or devices issued and
12displayed pursuant to this Section shall be recognized and
13honored by all local authorities regardless of which local
14authority issued such decal or device.
15    The decal or device shall be issued only upon a showing by
16adequate documentation that the person for whose benefit the
17decal or device is to be used has a temporary disability as
18defined in Section 1-159.1 of this Code.
19    (b) The local governing authorities shall be responsible
20for the provision of such decal or device, its issuance and
21designated placement within the vehicle. The cost of such decal
22or device shall be at the discretion of such local governing
23authority.
24    (c) The Secretary of State may, pursuant to Section
253-616(c), issue a person with disabilities parking decal or
26device to a person with disabilities as defined by Section

 

 

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11-159.1. Any person with disabilities parking decal or device
2issued by the Secretary of State shall be registered to that
3person with disabilities in the form to be prescribed by the
4Secretary of State. The person with disabilities parking decal
5or device shall not display that person's address. One
6additional decal or device may be issued to an applicant upon
7his or her written request and with the approval of the
8Secretary of State. The written request must include a
9justification of the need for the additional decal or device.
10    (d) Replacement decals or devices may be issued for lost,
11stolen, or destroyed decals upon application and payment of a
12$10 fee. The replacement fee may be waived for individuals that
13have claimed and received a grant under the Senior Citizens and
14Disabled Persons Property Tax Relief and Pharmaceutical
15Assistance Act.
16(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000,
17eff. 7-2-10; 97-689, eff. 6-14-12.)
 
18    Section 55. The Criminal Code of 1961 is amended by
19changing Section 17-6.5 as follows:
 
20    (720 ILCS 5/17-6.5)
21    Sec. 17-6.5. Persons under deportation order;
22ineligibility for benefits.
23    (a) An individual against whom a United States Immigration
24Judge has issued an order of deportation which has been

 

 

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1affirmed by the Board of Immigration Review, as well as an
2individual who appeals such an order pending appeal, under
3paragraph 19 of Section 241(a) of the Immigration and
4Nationality Act relating to persecution of others on account of
5race, religion, national origin or political opinion under the
6direction of or in association with the Nazi government of
7Germany or its allies, shall be ineligible for the following
8benefits 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

 

 

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1received 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
22offense under this Section, all of the monetary value of the
23benefits received as a result of the unlawful act, practice, or
24course 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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1commenced by the Attorney General in the circuit court of
2Sangamon County or the State's Attorney of the county of
3residence of the person described in subsection (a).
4    (e) An individual described in subsection (a) who has been
5deported shall be restored to any benefits which that
6individual has been denied under State law pursuant to
7subsection (a) if (i) the Attorney General of the United States
8has issued an order cancelling deportation and has adjusted the
9status of the individual to that of an alien lawfully admitted
10for permanent residence in the United States or (ii) the
11country to which the individual has been deported adjudicates
12or exonerates the individual in a judicial or administrative
13proceeding as not being guilty of the persecution of others on
14account of race, religion, national origin, or political
15opinion under the direction of or in association with the Nazi
16government 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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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 100/5-45from Ch. 127, par. 1005-45
4    15 ILCS 405/10.05from Ch. 15, par. 210.05
5    30 ILCS 105/6z-52
6    30 ILCS 105/6z-81
7    30 ILCS 740/2-15.2
8    30 ILCS 740/2-15.3
9    35 ILCS 200/15-172
10    35 ILCS 200/15-175
11    35 ILCS 200/20-15
12    35 ILCS 200/21-27
13    35 ILCS 515/7from Ch. 120, par. 1207
14    70 ILCS 3605/51
15    70 ILCS 3605/52
16    70 ILCS 3610/8.6
17    70 ILCS 3610/8.7
18    70 ILCS 3615/3A.15
19    70 ILCS 3615/3A.16
20    70 ILCS 3615/3B.14
21    70 ILCS 3615/3B.15
22    110 ILCS 990/1from Ch. 144, par. 1801
23    220 ILCS 10/9from Ch. 111 2/3, par. 909
24    305 ILCS 5/3-1.2from Ch. 23, par. 3-1.2
25    305 ILCS 5/3-5from Ch. 23, par. 3-5

 

 

SB3931- 141 -LRB097 22399 KTG 71155 b

1    305 ILCS 5/4-1.6from Ch. 23, par. 4-1.6
2    305 ILCS 5/4-2from Ch. 23, par. 4-2
3    305 ILCS 5/5-2from Ch. 23, par. 5-2
4    305 ILCS 5/5-4from Ch. 23, par. 5-4
5    305 ILCS 5/5A-8from Ch. 23, par. 5A-8
6    305 ILCS 5/6-1.2from Ch. 23, par. 6-1.2
7    305 ILCS 5/6-2from Ch. 23, par. 6-2
8    305 ILCS 5/12-9from Ch. 23, par. 12-9
9    320 ILCS 25/Act title
10    320 ILCS 25/1from Ch. 67 1/2, par. 401
11    320 ILCS 25/1.5
12    320 ILCS 25/2from Ch. 67 1/2, par. 402
13    320 ILCS 25/3.05a
14    320 ILCS 25/3.10from Ch. 67 1/2, par. 403.10
15    320 ILCS 25/4from Ch. 67 1/2, par. 404
16    320 ILCS 25/4.05
17    320 ILCS 25/4.2 new
18    320 ILCS 25/5from Ch. 67 1/2, par. 405
19    320 ILCS 25/6from Ch. 67 1/2, par. 406
20    320 ILCS 25/7from Ch. 67 1/2, par. 407
21    320 ILCS 25/8from Ch. 67 1/2, par. 408
22    320 ILCS 25/9from Ch. 67 1/2, par. 409
23    320 ILCS 25/12from Ch. 67 1/2, par. 412
24    320 ILCS 25/13from Ch. 67 1/2, par. 413
25    320 ILCS 30/2from Ch. 67 1/2, par. 452
26    320 ILCS 30/8from Ch. 67 1/2, par. 458

 

 

SB3931- 142 -LRB097 22399 KTG 71155 b

1    320 ILCS 50/5
2    625 ILCS 5/3-609from Ch. 95 1/2, par. 3-609
3    625 ILCS 5/3-623from Ch. 95 1/2, par. 3-623
4    625 ILCS 5/3-626
5    625 ILCS 5/3-667
6    625 ILCS 5/3-683
7    625 ILCS 5/3-806.3from Ch. 95 1/2, par. 3-806.3
8    625 ILCS 5/11-1301.2from Ch. 95 1/2, par. 11-1301.2
9    720 ILCS 5/17-6.5