98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2824

 

Introduced , by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Senior Citizens and Disabled Persons Property Tax Relief Act by reinstating 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. Effective immediately.


LRB098 09387 KTG 39528 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2824LRB098 09387 KTG 39528 b

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,
17a public institution of higher education, as defined in Section
181 of the Board of Higher Education Act, or the clerk of a
19circuit court, upon certification by that entity, the
20Comptroller, upon notification thereof, shall ascertain the
21amount due and payable to the State, the United States, the
22unit of local government, the school district, the public
23institution of higher education, or the clerk of the circuit
24court, as aforesaid, and draw a warrant on the treasury or on

 

 

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1other funds held by the State Treasurer, stating the amount for
2which the party was entitled to a warrant or other payment, the
3amount deducted therefrom, and on what account, and directing
4the payment of the balance; which warrant or payment as so
5drawn shall be entered on the books of the Treasurer, and such
6balance only shall be paid. The Comptroller may deduct any one
7or more of the following: (i) the entire amount due and payable
8to the State or a portion of the amount due and payable to the
9State in accordance with the request of the notifying agency;
10(ii) the entire amount due and payable to the United States or
11a portion of the amount due and payable to the United States in
12accordance with a reciprocal offset agreement under subsection
13(i-1) of Section 10 of the Illinois State Collection Act of
141986; or (iii) the entire amount due and payable to the unit of
15local government, school district, public institution of
16higher education, or clerk of the circuit court, or a portion
17of the amount due and payable to that entity, in accordance
18with an intergovernmental agreement authorized under this
19Section and Section 10.05d. No request from a notifying agency,
20the Secretary of the Treasury of the United States, a unit of
21local government, a school district, a public institution of
22higher education, or the clerk of a circuit court for an amount
23to be deducted under this Section from a wage or salary
24payment, or from a contractual payment to an individual for
25personal services, shall exceed 25% of the net amount of such
26payment. "Net amount" means that part of the earnings of an

 

 

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1individual remaining after deduction of any amounts required by
2law to be withheld. For purposes of this provision, wage,
3salary or other payments for personal services shall not
4include final compensation payments for the value of accrued
5vacation, overtime or sick leave. Whenever the Comptroller
6draws a warrant or makes a payment involving a deduction
7ordered under this Section, the Comptroller shall notify the
8payee and the State agency that submitted the voucher of the
9reason for the deduction and he or she shall retain a record of
10such statement in his or her records. As used in this Section,
11an "account or claim in favor of the State" includes all
12amounts owing to "State agencies" as defined in Section 7 of
13this Act. However, the Comptroller shall not be required to
14accept accounts or claims owing to funds not held by the State
15Treasurer, where such accounts or claims do not exceed $50, nor
16shall the Comptroller deduct from funds held by the State
17Treasurer under the Senior Citizens and Disabled Persons
18Property Tax Relief and Pharmaceutical Assistance Act or for
19payments to institutions from the Illinois Prepaid Tuition
20Trust Fund (unless the Trust Fund moneys are used for child
21support). The Comptroller shall not deduct from payments to be
22disbursed from the Child Support Enforcement Trust Fund as
23provided for under Section 12-10.2 of the Illinois Public Aid
24Code, except for payments representing interest on child
25support obligations under Section 10-16.5 of that Code. The
26Comptroller and the Department of Revenue shall enter into an

 

 

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1interagency agreement to establish responsibilities, duties,
2and procedures relating to deductions from lottery prizes
3awarded under Section 20.1 of the Illinois Lottery Law. The
4Comptroller may enter into an intergovernmental agreement with
5the Department of Revenue and the Secretary of the Treasury of
6the United States, or his or her delegate, to establish
7responsibilities, duties, and procedures relating to
8reciprocal offset of delinquent State and federal obligations
9pursuant to subsection (i-1) of Section 10 of the Illinois
10State Collection Act of 1986. The Comptroller may enter into
11intergovernmental agreements with any unit of local
12government, school district, public institution of higher
13education, or clerk of a circuit court to establish
14responsibilities, duties, and procedures to provide for the
15offset, by the Comptroller, of obligations owed to those
16entities.
17    For the purposes of this Section, "clerk of a circuit
18court" means the clerk of a circuit court in any county in the
19State.
20(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.
2197-632 for the effective date of changes made by P.A. 97-269);
2297-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff.
238-2-12; 97-970, eff. 8-16-12; revised 8-23-12.)
 
24    Section 7. The State Finance Act is amended by changing
25Sections 6z-52 and 6z-81 as follows:
 

 

 

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1    (30 ILCS 105/6z-52)
2    Sec. 6z-52. Drug Rebate Fund.
3    (a) There is created in the State Treasury a special fund
4to be known as the Drug Rebate Fund.
5    (b) The Fund is created for the purpose of receiving and
6disbursing moneys in accordance with this Section.
7Disbursements from the Fund shall be made, subject to
8appropriation, only as follows:
9        (1) For payments for reimbursement or coverage for
10    prescription drugs and other pharmacy products provided to
11    a recipient of medical assistance under the Illinois Public
12    Aid Code, the Children's Health Insurance Program Act, the
13    Covering ALL KIDS Health Insurance Act, and the Veterans'
14    Health Insurance Program Act of 2008, and the Senior
15    Citizens and Disabled Persons Property Tax Relief and
16    Pharmaceutical Assistance Act.
17        (2) For reimbursement of moneys collected by the
18    Department of Healthcare and Family Services (formerly
19    Illinois Department of Public Aid) through error or
20    mistake.
21        (3) For payments of any amounts that are reimbursable
22    to the federal government resulting from a payment into
23    this Fund.
24        (4) For payments of operational and administrative
25    expenses related to providing and managing coverage for

 

 

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1    prescription drugs and other pharmacy products provided to
2    a recipient of medical assistance under the Illinois Public
3    Aid Code, the Children's Health Insurance Program Act, the
4    Covering ALL KIDS Health Insurance Act, the Veterans'
5    Health Insurance Program Act of 2008, and the Senior
6    Citizens and Disabled Persons Property Tax Relief and
7    Pharmaceutical Assistance Act.
8    (c) The Fund shall consist of the following:
9        (1) Upon notification from the Director of Healthcare
10    and Family Services, the Comptroller shall direct and the
11    Treasurer shall transfer the net State share (disregarding
12    the reduction in net State share attributable to the
13    American Recovery and Reinvestment Act of 2009 or any other
14    federal economic stimulus program) of all moneys received
15    by the Department of Healthcare and Family Services
16    (formerly Illinois Department of Public Aid) from drug
17    rebate agreements with pharmaceutical manufacturers
18    pursuant to Title XIX of the federal Social Security Act,
19    including any portion of the balance in the Public Aid
20    Recoveries Trust Fund on July 1, 2001 that is attributable
21    to such receipts.
22        (2) All federal matching funds received by the Illinois
23    Department as a result of expenditures made by the
24    Department that are attributable to moneys deposited in the
25    Fund.
26        (3) Any premium collected by the Illinois Department

 

 

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1    from participants under a waiver approved by the federal
2    government relating to provision of pharmaceutical
3    services.
4        (4) All other moneys received for the Fund from any
5    other source, including interest earned thereon.
6(Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,
7eff. 7-1-12.)
 
8    (30 ILCS 105/6z-81)
9    Sec. 6z-81. Healthcare Provider Relief Fund.
10    (a) There is created in the State treasury a special fund
11to be known as the Healthcare Provider Relief Fund.
12    (b) The Fund is created for the purpose of receiving and
13disbursing moneys in accordance with this Section.
14Disbursements from the Fund shall be made only as follows:
15        (1) Subject to appropriation, for payment by the
16    Department of Healthcare and Family Services or by the
17    Department of Human Services of medical bills and related
18    expenses, including administrative expenses, for which the
19    State is responsible under Titles XIX and XXI of the Social
20    Security Act, the Illinois Public Aid Code, the Children's
21    Health Insurance Program Act, the Covering ALL KIDS Health
22    Insurance Act, the Senior Citizens and Disabled Persons
23    Property Tax Relief and Pharmaceutical Assistance Act, and
24    the Long Term Acute Care Hospital Quality Improvement
25    Transfer Program Act.

 

 

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1        (2) For repayment of funds borrowed from other State
2    funds or from outside sources, including interest thereon.
3    (c) The Fund shall consist of the following:
4        (1) Moneys received by the State from short-term
5    borrowing pursuant to the Short Term Borrowing Act on or
6    after the effective date of this amendatory Act of the 96th
7    General Assembly.
8        (2) All federal matching funds received by the Illinois
9    Department of Healthcare and Family Services as a result of
10    expenditures made by the Department that are attributable
11    to moneys deposited in the Fund.
12        (3) All federal matching funds received by the Illinois
13    Department of Healthcare and Family Services as a result of
14    federal approval of Title XIX State plan amendment
15    transmittal number 07-09.
16        (4) All other moneys received for the Fund from any
17    other source, including interest earned thereon.
18    (d) In addition to any other transfers that may be provided
19for by law, on the effective date of this amendatory Act of the
2097th General Assembly, or as soon thereafter as practical, the
21State Comptroller shall direct and the State Treasurer shall
22transfer the sum of $365,000,000 from the General Revenue Fund
23into the Healthcare Provider Relief Fund.
24    (e) In addition to any other transfers that may be provided
25for by law, on July 1, 2011, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $160,000,000 from the
2General Revenue Fund to the Healthcare Provider Relief Fund.
3    (f) Notwithstanding any other State law to the contrary,
4and in addition to any other transfers that may be provided for
5by law, the State Comptroller shall order transferred and the
6State Treasurer shall transfer $500,000,000 to the Healthcare
7Provider Relief Fund from the General Revenue Fund in equal
8monthly installments of $100,000,000, with the first transfer
9to be made on July 1, 2012, or as soon thereafter as practical,
10and with each of the remaining transfers to be made on August
111, 2012, September 1, 2012, October 1, 2012, and November 1,
122012, or as soon thereafter as practical. This transfer may
13assist the Department of Healthcare and Family Services in
14improving Medical Assistance bill processing timeframes or in
15meeting the possible requirements of Senate Bill 3397, or other
16similar legislation, of the 97th General Assembly should it
17become law.
18(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
1997-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
206-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
 
21    Section 10. The Downstate Public Transportation Act is
22amended by changing Sections 2-15.2 and 2-15.3 as follows:
 
23    (30 ILCS 740/2-15.2)
24    Sec. 2-15.2. Free services; eligibility.

 

 

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1    (a) Notwithstanding any law to the contrary, no later than
260 days following the effective date of this amendatory Act of
3the 95th General Assembly and until subsection (b) is
4implemented, any fixed route public transportation services
5provided by, or under grant or purchase of service contracts
6of, every participant, as defined in Section 2-2.02 (1)(a),
7shall be provided without charge to all senior citizen
8residents of the participant aged 65 and older, under such
9conditions as shall be prescribed by the participant.
10    (b) Notwithstanding any law to the contrary, no later than
11180 days following the effective date of this amendatory Act of
12the 96th General Assembly, any fixed route public
13transportation services provided by, or under grant or purchase
14of service contracts of, every participant, as defined in
15Section 2-2.02 (1)(a), shall be provided without charge to
16senior citizens aged 65 and older who meet the income
17eligibility limitation set forth in subsection (a-5) of Section
184 of the Senior Citizens and Disabled Persons Property Tax
19Relief and Pharmaceutical Assistance Act, under such
20conditions as shall be prescribed by the participant. The
21Department on Aging shall furnish all information reasonably
22necessary to determine eligibility, including updated lists of
23individuals who are eligible for services without charge under
24this Section. Nothing in this Section shall relieve the
25participant from providing reduced fares as may be required by
26federal law.

 

 

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1(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
 
2    (30 ILCS 740/2-15.3)
3    Sec. 2-15.3. Transit services for disabled individuals.
4Notwithstanding any law to the contrary, no later than 60 days
5following the effective date of this amendatory Act of the 95th
6General Assembly, all fixed route public transportation
7services provided by, or under grant or purchase of service
8contract of, any participant shall be provided without charge
9to all disabled persons who meet the income eligibility
10limitation set forth in subsection (a-5) of Section 4 of the
11Senior Citizens and Disabled Persons Property Tax Relief and
12Pharmaceutical Assistance Act, under such procedures as shall
13be prescribed by the participant. The Department on Aging shall
14furnish all information reasonably necessary to determine
15eligibility, including updated lists of individuals who are
16eligible for services without charge under this Section.
17(Source: P.A. 97-689, eff. 6-14-12.)
 
18    Section 15. The Property Tax Code is amended by changing
19Sections 15-172, 15-175, 20-15, and 21-27 as follows:
 
20    (35 ILCS 200/15-172)
21    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
22Exemption.
23    (a) This Section may be cited as the Senior Citizens

 

 

HB2824- 21 -LRB098 09387 KTG 39528 b

1Assessment Freeze Homestead Exemption.
2    (b) As used in this Section:
3    "Applicant" means an individual who has filed an
4application under this Section.
5    "Base amount" means the base year equalized assessed value
6of the residence plus the first year's equalized assessed value
7of any added improvements which increased the assessed value of
8the residence after the base year.
9    "Base year" means the taxable year prior to the taxable
10year for which the applicant first qualifies and applies for
11the exemption provided that in the prior taxable year the
12property was improved with a permanent structure that was
13occupied as a residence by the applicant who was liable for
14paying real property taxes on the property and who was either
15(i) an owner of record of the property or had legal or
16equitable interest in the property as evidenced by a written
17instrument or (ii) had a legal or equitable interest as a
18lessee in the parcel of property that was single family
19residence. If in any subsequent taxable year for which the
20applicant applies and qualifies for the exemption the equalized
21assessed value of the residence is less than the equalized
22assessed value in the existing base year (provided that such
23equalized assessed value is not based on an assessed value that
24results from a temporary irregularity in the property that
25reduces the assessed value for one or more taxable years), then
26that subsequent taxable year shall become the base year until a

 

 

HB2824- 22 -LRB098 09387 KTG 39528 b

1new base year is established under the terms of this paragraph.
2For taxable year 1999 only, the Chief County Assessment Officer
3shall review (i) all taxable years for which the applicant
4applied and qualified for the exemption and (ii) the existing
5base year. The assessment officer shall select as the new base
6year the year with the lowest equalized assessed value. An
7equalized assessed value that is based on an assessed value
8that results from a temporary irregularity in the property that
9reduces the assessed value for one or more taxable years shall
10not be considered the lowest equalized assessed value. The
11selected year shall be the base year for taxable year 1999 and
12thereafter until a new base year is established under the terms
13of this paragraph.
14    "Chief County Assessment Officer" means the County
15Assessor or Supervisor of Assessments of the county in which
16the property is located.
17    "Equalized assessed value" means the assessed value as
18equalized by the Illinois Department of Revenue.
19    "Household" means the applicant, the spouse of the
20applicant, and all persons using the residence of the applicant
21as their principal place of residence.
22    "Household income" means the combined income of the members
23of a household for the calendar year preceding the taxable
24year.
25    "Income" has the same meaning as provided in Section 3.07
26of the Senior Citizens and Disabled Persons Property Tax Relief

 

 

HB2824- 23 -LRB098 09387 KTG 39528 b

1and Pharmaceutical Assistance Act, except that, beginning in
2assessment year 2001, "income" does not include veteran's
3benefits.
4    "Internal Revenue Code of 1986" means the United States
5Internal Revenue Code of 1986 or any successor law or laws
6relating to federal income taxes in effect for the year
7preceding the taxable year.
8    "Life care facility that qualifies as a cooperative" means
9a facility as defined in Section 2 of the Life Care Facilities
10Act.
11    "Maximum income limitation" means:
12        (1) $35,000 prior to taxable year 1999;
13        (2) $40,000 in taxable years 1999 through 2003;
14        (3) $45,000 in taxable years 2004 through 2005;
15        (4) $50,000 in taxable years 2006 and 2007; and
16        (5) $55,000 in taxable year 2008 and thereafter.
17    "Residence" means the principal dwelling place and
18appurtenant structures used for residential purposes in this
19State occupied on January 1 of the taxable year by a household
20and so much of the surrounding land, constituting the parcel
21upon which the dwelling place is situated, as is used for
22residential purposes. If the Chief County Assessment Officer
23has established a specific legal description for a portion of
24property constituting the residence, then that portion of
25property shall be deemed the residence for the purposes of this
26Section.

 

 

HB2824- 24 -LRB098 09387 KTG 39528 b

1    "Taxable year" means the calendar year during which ad
2valorem property taxes payable in the next succeeding year are
3levied.
4    (c) Beginning in taxable year 1994, a senior citizens
5assessment freeze homestead exemption is granted for real
6property that is improved with a permanent structure that is
7occupied as a residence by an applicant who (i) is 65 years of
8age or older during the taxable year, (ii) has a household
9income that does not exceed the maximum income limitation,
10(iii) is liable for paying real property taxes on the property,
11and (iv) is an owner of record of the property or has a legal or
12equitable interest in the property as evidenced by a written
13instrument. This homestead exemption shall also apply to a
14leasehold interest in a parcel of property improved with a
15permanent structure that is a single family residence that is
16occupied as a residence by a person who (i) is 65 years of age
17or older during the taxable year, (ii) has a household income
18that does not exceed the maximum income limitation, (iii) has a
19legal or equitable ownership interest in the property as
20lessee, and (iv) is liable for the payment of real property
21taxes on that property.
22    In counties of 3,000,000 or more inhabitants, the amount of
23the exemption for all taxable years is the equalized assessed
24value of the residence in the taxable year for which
25application is made minus the base amount. In all other
26counties, the amount of the exemption is as follows: (i)

 

 

HB2824- 25 -LRB098 09387 KTG 39528 b

1through taxable year 2005 and for taxable year 2007 and
2thereafter, the amount of this exemption shall be the equalized
3assessed value of the residence in the taxable year for which
4application is made minus the base amount; and (ii) for taxable
5year 2006, the amount of the exemption is as follows:
6        (1) For an applicant who has a household income of
7    $45,000 or less, the amount of the exemption is the
8    equalized assessed value of the residence in the taxable
9    year for which application is made minus the base amount.
10        (2) For an applicant who has a household income
11    exceeding $45,000 but not exceeding $46,250, the amount of
12    the exemption is (i) the equalized assessed value of the
13    residence in the taxable year for which application is made
14    minus the base amount (ii) multiplied by 0.8.
15        (3) For an applicant who has a household income
16    exceeding $46,250 but not exceeding $47,500, the amount of
17    the exemption is (i) the equalized assessed value of the
18    residence in the taxable year for which application is made
19    minus the base amount (ii) multiplied by 0.6.
20        (4) For an applicant who has a household income
21    exceeding $47,500 but not exceeding $48,750, the amount of
22    the exemption is (i) the equalized assessed value of the
23    residence in the taxable year for which application is made
24    minus the base amount (ii) multiplied by 0.4.
25        (5) For an applicant who has a household income
26    exceeding $48,750 but not exceeding $50,000, the amount of

 

 

HB2824- 26 -LRB098 09387 KTG 39528 b

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 0.2.
4    When the applicant is a surviving spouse of an applicant
5for a prior year for the same residence for which an exemption
6under this Section has been granted, the base year and base
7amount for that residence are the same as for the applicant for
8the prior year.
9    Each year at the time the assessment books are certified to
10the County Clerk, the Board of Review or Board of Appeals shall
11give to the County Clerk a list of the assessed values of
12improvements on each parcel qualifying for this exemption that
13were added after the base year for this parcel and that
14increased the assessed value of the property.
15    In the case of land improved with an apartment building
16owned and operated as a cooperative or a building that is a
17life care facility that qualifies as a cooperative, the maximum
18reduction from the equalized assessed value of the property is
19limited to the sum of the reductions calculated for each unit
20occupied as a residence by a person or persons (i) 65 years of
21age or older, (ii) with a household income that does not exceed
22the maximum income limitation, (iii) who is liable, by contract
23with the owner or owners of record, for paying real property
24taxes on the property, and (iv) who is an owner of record of a
25legal or equitable interest in the cooperative apartment
26building, other than a leasehold interest. In the instance of a

 

 

HB2824- 27 -LRB098 09387 KTG 39528 b

1cooperative where a homestead exemption has been granted under
2this Section, the cooperative association or its management
3firm shall credit the savings resulting from that exemption
4only to the apportioned tax liability of the owner who
5qualified for the exemption. Any person who willfully refuses
6to credit that savings to an owner who qualifies for the
7exemption is guilty of a Class B misdemeanor.
8    When a homestead exemption has been granted under this
9Section and an applicant then becomes a resident of a facility
10licensed under the Assisted Living and Shared Housing Act, the
11Nursing Home Care Act, the Specialized Mental Health
12Rehabilitation Act, or the ID/DD Community Care Act, the
13exemption shall be granted in subsequent years so long as the
14residence (i) continues to be occupied by the qualified
15applicant's spouse or (ii) if remaining unoccupied, is still
16owned by the qualified applicant for the homestead exemption.
17    Beginning January 1, 1997, when an individual dies who
18would have qualified for an exemption under this Section, and
19the surviving spouse does not independently qualify for this
20exemption because of age, the exemption under this Section
21shall be granted to the surviving spouse for the taxable year
22preceding and the taxable year of the death, provided that,
23except for age, the surviving spouse meets all other
24qualifications for the granting of this exemption for those
25years.
26    When married persons maintain separate residences, the

 

 

HB2824- 28 -LRB098 09387 KTG 39528 b

1exemption provided for in this Section may be claimed by only
2one of such persons and for only one residence.
3    For taxable year 1994 only, in counties having less than
43,000,000 inhabitants, to receive the exemption, a person shall
5submit an application by February 15, 1995 to the Chief County
6Assessment Officer of the county in which the property is
7located. In counties having 3,000,000 or more inhabitants, for
8taxable year 1994 and all subsequent taxable years, to receive
9the exemption, a person may submit an application to the Chief
10County Assessment Officer of the county in which the property
11is located during such period as may be specified by the Chief
12County Assessment Officer. The Chief County Assessment Officer
13in counties of 3,000,000 or more inhabitants shall annually
14give notice of the application period by mail or by
15publication. In counties having less than 3,000,000
16inhabitants, beginning with taxable year 1995 and thereafter,
17to receive the exemption, a person shall submit an application
18by July 1 of each taxable year to the Chief County Assessment
19Officer of the county in which the property is located. A
20county may, by ordinance, establish a date for submission of
21applications that is different than July 1. The applicant shall
22submit with the application an affidavit of the applicant's
23total household income, age, marital status (and if married the
24name and address of the applicant's spouse, if known), and
25principal dwelling place of members of the household on January
261 of the taxable year. The Department shall establish, by rule,

 

 

HB2824- 29 -LRB098 09387 KTG 39528 b

1a method for verifying the accuracy of affidavits filed by
2applicants under this Section, and the Chief County Assessment
3Officer may conduct audits of any taxpayer claiming an
4exemption under this Section to verify that the taxpayer is
5eligible to receive the exemption. Each application shall
6contain or be verified by a written declaration that it is made
7under the penalties of perjury. A taxpayer's signing a
8fraudulent application under this Act is perjury, as defined in
9Section 32-2 of the Criminal Code of 2012. The applications
10shall be clearly marked as applications for the Senior Citizens
11Assessment Freeze Homestead Exemption and must contain a notice
12that any taxpayer who receives the exemption is subject to an
13audit by the Chief County Assessment Officer.
14    Notwithstanding any other provision to the contrary, in
15counties having fewer than 3,000,000 inhabitants, if an
16applicant fails to file the application required by this
17Section in a timely manner and this failure to file is due to a
18mental or physical condition sufficiently severe so as to
19render the applicant incapable of filing the application in a
20timely manner, the Chief County Assessment Officer may extend
21the filing deadline for a period of 30 days after the applicant
22regains the capability to file the application, but in no case
23may the filing deadline be extended beyond 3 months of the
24original filing deadline. In order to receive the extension
25provided in this paragraph, the applicant shall provide the
26Chief County Assessment Officer with a signed statement from

 

 

HB2824- 30 -LRB098 09387 KTG 39528 b

1the applicant's physician stating the nature and extent of the
2condition, that, in the physician's opinion, the condition was
3so severe that it rendered the applicant incapable of filing
4the application in a timely manner, and the date on which the
5applicant regained the capability to file the application.
6    Beginning January 1, 1998, notwithstanding any other
7provision to the contrary, in counties having fewer than
83,000,000 inhabitants, if an applicant fails to file the
9application required by this Section in a timely manner and
10this failure to file is due to a mental or physical condition
11sufficiently severe so as to render the applicant incapable of
12filing the application in a timely manner, the Chief County
13Assessment Officer may extend the filing deadline for a period
14of 3 months. In order to receive the extension provided in this
15paragraph, the applicant shall provide the Chief County
16Assessment Officer with a signed statement from the applicant's
17physician stating the nature and extent of the condition, and
18that, in the physician's opinion, the condition was so severe
19that it rendered the applicant incapable of filing the
20application in a timely manner.
21    In counties having less than 3,000,000 inhabitants, if an
22applicant was denied an exemption in taxable year 1994 and the
23denial occurred due to an error on the part of an assessment
24official, or his or her agent or employee, then beginning in
25taxable year 1997 the applicant's base year, for purposes of
26determining the amount of the exemption, shall be 1993 rather

 

 

HB2824- 31 -LRB098 09387 KTG 39528 b

1than 1994. In addition, in taxable year 1997, the applicant's
2exemption shall also include an amount equal to (i) the amount
3of any exemption denied to the applicant in taxable year 1995
4as a result of using 1994, rather than 1993, as the base year,
5(ii) the amount of any exemption denied to the applicant in
6taxable year 1996 as a result of using 1994, rather than 1993,
7as the base year, and (iii) the amount of the exemption
8erroneously denied for taxable year 1994.
9    For purposes of this Section, a person who will be 65 years
10of age during the current taxable year shall be eligible to
11apply for the homestead exemption during that taxable year.
12Application shall be made during the application period in
13effect for the county of his or her residence.
14    The Chief County Assessment Officer may determine the
15eligibility of a life care facility that qualifies as a
16cooperative to receive the benefits provided by this Section by
17use of an affidavit, application, visual inspection,
18questionnaire, or other reasonable method in order to insure
19that the tax savings resulting from the exemption are credited
20by the management firm to the apportioned tax liability of each
21qualifying resident. The Chief County Assessment Officer may
22request reasonable proof that the management firm has so
23credited that exemption.
24    Except as provided in this Section, all information
25received by the chief county assessment officer or the
26Department from applications filed under this Section, or from

 

 

HB2824- 32 -LRB098 09387 KTG 39528 b

1any investigation conducted under the provisions of this
2Section, shall be confidential, except for official purposes or
3pursuant to official procedures for collection of any State or
4local tax or enforcement of any civil or criminal penalty or
5sanction imposed by this Act or by any statute or ordinance
6imposing a State or local tax. Any person who divulges any such
7information in any manner, except in accordance with a proper
8judicial order, is guilty of a Class A misdemeanor.
9    Nothing contained in this Section shall prevent the
10Director or chief county assessment officer from publishing or
11making available reasonable statistics concerning the
12operation of the exemption contained in this Section in which
13the contents of claims are grouped into aggregates in such a
14way that information contained in any individual claim shall
15not be disclosed.
16    (d) Each Chief County Assessment Officer shall annually
17publish a notice of availability of the exemption provided
18under this Section. The notice shall be published at least 60
19days but no more than 75 days prior to the date on which the
20application must be submitted to the Chief County Assessment
21Officer of the county in which the property is located. The
22notice shall appear in a newspaper of general circulation in
23the county.
24    Notwithstanding Sections 6 and 8 of the State Mandates Act,
25no reimbursement by the State is required for the
26implementation of any mandate created by this Section.

 

 

HB2824- 33 -LRB098 09387 KTG 39528 b

1(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
296-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
397-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff.
41-25-13.)
 
5    (35 ILCS 200/15-175)
6    Sec. 15-175. General homestead exemption.
7    (a) Except as provided in Sections 15-176 and 15-177,
8homestead property is entitled to an annual homestead exemption
9limited, except as described here with relation to
10cooperatives, to a reduction in the equalized assessed value of
11homestead property equal to the increase in equalized assessed
12value for the current assessment year above the equalized
13assessed value of the property for 1977, up to the maximum
14reduction set forth below. If however, the 1977 equalized
15assessed value upon which taxes were paid is subsequently
16determined by local assessing officials, the Property Tax
17Appeal Board, or a court to have been excessive, the equalized
18assessed value which should have been placed on the property
19for 1977 shall be used to determine the amount of the
20exemption.
21    (b) Except as provided in Section 15-176, the maximum
22reduction before taxable year 2004 shall be $4,500 in counties
23with 3,000,000 or more inhabitants and $3,500 in all other
24counties. Except as provided in Sections 15-176 and 15-177, for
25taxable years 2004 through 2007, the maximum reduction shall be

 

 

HB2824- 34 -LRB098 09387 KTG 39528 b

1$5,000, for taxable year 2008, the maximum reduction is $5,500,
2and, for taxable years 2009 and thereafter, the maximum
3reduction is $6,000 in all counties. If a county has elected to
4subject itself to the provisions of Section 15-176 as provided
5in subsection (k) of that Section, then, for the first taxable
6year only after the provisions of Section 15-176 no longer
7apply, for owners who, for the taxable year, have not been
8granted a senior citizens assessment freeze homestead
9exemption under Section 15-172 or a long-time occupant
10homestead exemption under Section 15-177, there shall be an
11additional exemption of $5,000 for owners with a household
12income of $30,000 or less.
13    (c) In counties with fewer than 3,000,000 inhabitants, if,
14based on the most recent assessment, the equalized assessed
15value of the homestead property for the current assessment year
16is greater than the equalized assessed value of the property
17for 1977, the owner of the property shall automatically receive
18the exemption granted under this Section in an amount equal to
19the increase over the 1977 assessment up to the maximum
20reduction set forth in this Section.
21    (d) If in any assessment year beginning with the 2000
22assessment year, homestead property has a pro-rata valuation
23under Section 9-180 resulting in an increase in the assessed
24valuation, a reduction in equalized assessed valuation equal to
25the increase in equalized assessed value of the property for
26the year of the pro-rata valuation above the equalized assessed

 

 

HB2824- 35 -LRB098 09387 KTG 39528 b

1value of the property for 1977 shall be applied to the property
2on a proportionate basis for the period the property qualified
3as homestead property during the assessment year. The maximum
4proportionate homestead exemption shall not exceed the maximum
5homestead exemption allowed in the county under this Section
6divided by 365 and multiplied by the number of days the
7property qualified as homestead property.
8    (e) The chief county assessment officer may, when
9considering whether to grant a leasehold exemption under this
10Section, require the following conditions to be met:
11        (1) that a notarized application for the exemption,
12    signed by both the owner and the lessee of the property,
13    must be submitted each year during the application period
14    in effect for the county in which the property is located;
15        (2) that a copy of the lease must be filed with the
16    chief county assessment officer by the owner of the
17    property at the time the notarized application is
18    submitted;
19        (3) that the lease must expressly state that the lessee
20    is liable for the payment of property taxes; and
21        (4) that the lease must include the following language
22    in substantially the following form:
23            "Lessee shall be liable for the payment of real
24        estate taxes with respect to the residence in
25        accordance with the terms and conditions of Section
26        15-175 of the Property Tax Code (35 ILCS 200/15-175).

 

 

HB2824- 36 -LRB098 09387 KTG 39528 b

1        The permanent real estate index number for the premises
2        is (insert number), and, according to the most recent
3        property tax bill, the current amount of real estate
4        taxes associated with the premises is (insert amount)
5        per year. The parties agree that the monthly rent set
6        forth above shall be increased or decreased pro rata
7        (effective January 1 of each calendar year) to reflect
8        any increase or decrease in real estate taxes. Lessee
9        shall be deemed to be satisfying Lessee's liability for
10        the above mentioned real estate taxes with the monthly
11        rent payments as set forth above (or increased or
12        decreased as set forth herein).".
13    In addition, if there is a change in lessee, or if the
14lessee vacates the property, then the chief county assessment
15officer may require the owner of the property to notify the
16chief county assessment officer of that change.
17    This subsection (e) does not apply to leasehold interests
18in property owned by a municipality.
19    (f) "Homestead property" under this Section includes
20residential property that is occupied by its owner or owners as
21his or their principal dwelling place, or that is a leasehold
22interest on which a single family residence is situated, which
23is occupied as a residence by a person who has an ownership
24interest therein, legal or equitable or as a lessee, and on
25which the person is liable for the payment of property taxes.
26For land improved with an apartment building owned and operated

 

 

HB2824- 37 -LRB098 09387 KTG 39528 b

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

 

 

HB2824- 38 -LRB098 09387 KTG 39528 b

1the apportioned tax liability of the owner who qualified for
2the exemption. Any person who willfully refuses to so credit
3the savings shall be guilty of a Class B misdemeanor.
4    (h) Where married persons maintain and reside in separate
5residences qualifying as homestead property, each residence
6shall receive 50% of the total reduction in equalized assessed
7valuation provided by this Section.
8    (i) In all counties, the assessor or chief county
9assessment officer may determine the eligibility of
10residential property to receive the homestead exemption and the
11amount of the exemption by application, visual inspection,
12questionnaire or other reasonable methods. The determination
13shall be made in accordance with guidelines established by the
14Department, provided that the taxpayer applying for an
15additional general exemption under this Section shall submit to
16the chief county assessment officer an application with an
17affidavit of the applicant's total household income, age,
18marital status (and, if married, the name and address of the
19applicant's spouse, if known), and principal dwelling place of
20members of the household on January 1 of the taxable year. The
21Department shall issue guidelines establishing a method for
22verifying the accuracy of the affidavits filed by applicants
23under this paragraph. The applications shall be clearly marked
24as applications for the Additional General Homestead
25Exemption.
26    (j) In counties with fewer than 3,000,000 inhabitants, in

 

 

HB2824- 39 -LRB098 09387 KTG 39528 b

1the event of a sale of homestead property the homestead
2exemption shall remain in effect for the remainder of the
3assessment year of the sale. The assessor or chief county
4assessment officer may require the new owner of the property to
5apply for the homestead exemption for the following assessment
6year.
7    (k) Notwithstanding Sections 6 and 8 of the State Mandates
8Act, no 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; 97-1125, eff. 8-28-12;
11revised 9-20-12.)
 
12    (35 ILCS 200/20-15)
13    Sec. 20-15. Information on bill or separate statement.
14There shall be printed on each bill, or on a separate slip
15which shall be mailed with the bill:
16        (a) a statement itemizing the rate at which taxes have
17    been extended for each of the taxing districts in the
18    county in whose district the property is located, and in
19    those counties utilizing electronic data processing
20    equipment the dollar amount of tax due from the person
21    assessed allocable to each of those taxing districts,
22    including a separate statement of the dollar amount of tax
23    due which is allocable to a tax levied under the Illinois
24    Local Library Act or to any other tax levied by a
25    municipality or township for public library purposes,

 

 

HB2824- 40 -LRB098 09387 KTG 39528 b

1        (b) a separate statement for each of the taxing
2    districts of the dollar amount of tax due which is
3    allocable to a tax levied under the Illinois Pension Code
4    or to any other tax levied by a municipality or township
5    for public pension or retirement purposes,
6        (c) the total tax rate,
7        (d) the total amount of tax due, and
8        (e) the amount by which the total tax and the tax
9    allocable to each taxing district differs from the
10    taxpayer's last prior tax bill.
11    The county treasurer shall ensure that only those taxing
12districts in which a parcel of property is located shall be
13listed on the bill for that property.
14    In all counties the statement shall also provide:
15        (1) the property index number or other suitable
16    description,
17        (2) the assessment of the property,
18        (3) the equalization factors imposed by the county and
19    by the Department, and
20        (4) the equalized assessment resulting from the
21    application of the equalization factors to the basic
22    assessment.
23    In all counties which do not classify property for purposes
24of taxation, for property on which a single family residence is
25situated the statement shall also include a statement to
26reflect the fair cash value determined for the property. In all

 

 

HB2824- 41 -LRB098 09387 KTG 39528 b

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

 

 

HB2824- 42 -LRB098 09387 KTG 39528 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

 

 

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1treasurer, may adopt a resolution to waive an interest penalty
2for the delinquent payment of taxes for any year that otherwise
3would be imposed under Section 21-15, 21-20, or 21-25 if all of
4the following criteria are met:
5        (1) the property has delinquent taxes and an
6    outstanding interest penalty and the amount of that
7    interest penalty is so large as to, possibly, result in all
8    of the taxes becoming uncollectible;
9        (2) the property is part of a redevelopment plan of a
10    unit of local government and that unit of local government
11    does not oppose the waiver of the interest penalty;
12        (3) the redevelopment of the property will benefit the
13    public interest by remediating the brownfield
14    contamination;
15        (4) the taxpayer delivers to the county treasurer (i) a
16    written request for a waiver of the interest penalty, on a
17    form approved by the county treasurer, and (ii) a copy of
18    the redevelopment plan for the property;
19        (5) the taxpayer pays, in full, the amount of up to the
20    amount of the first 2 installments of taxes due, to be held
21    in escrow pending the approval of the waiver, and enters
22    into an agreement with the county treasurer setting forth a
23    schedule for the payment of any remaining taxes due; and
24        (6) the county treasurer approves the request for a
25    waiver.
26(Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)
 

 

 

HB2824- 44 -LRB098 09387 KTG 39528 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
13Person with a Disability Identification Card stating that the
14claimant is under a Class 2 disability, as provided in Section
154A of the Illinois Identification Card Act, shall constitute
16proof that the person thereon named is a disabled person within
17the meaning of this Act. An application for reduction of the
18tax shall be filed with the county clerk by the individuals who
19are entitled to the reduction. If the application is filed
20after May 1, the reduction in tax shall begin with the next
21annual bill. Application for the reduction in tax shall be done
22by submitting proof that the applicant has been issued an
23Illinois Person with a Disability Identification Card
24designating the applicant's disability as a Class 2 disability,

 

 

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1or by affidavit in substantially the following form:
2
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
3    I hereby make application for a reduction to 80% of the
4total tax imposed under "An Act to provide for a local services
5tax on mobile homes".
6    (1) Senior Citizens
7    (a) I actually reside in the mobile home ....
8    (b) I hold title to the mobile home as provided in the
9Illinois Vehicle Code ....
10    (c) I reached the age of 65 on or before either January 1
11(or July 1) of the year in which this statement is filed. My
12date of birth is: ...
13    (2) Disabled Persons
14    (a) I actually reside in the mobile home...
15    (b) I hold title to the mobile home as provided in the
16Illinois Vehicle Code ....
17    (c) I was totally disabled on ... and have remained
18disabled until the date of this application. My Social
19Security, Veterans, Railroad or Civil Service Total Disability
20Claim Number is ... The undersigned declares under the penalty
21of perjury that the above statements are true and correct.
22Dated (insert date).
23
...........................
24
Signature of owner
25
...........................
26
(Address)

 

 

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1
...........................
2
(City) (State) (Zip)
3Approved by:
4.............................
5(Assessor)
 
6This application shall be accompanied by a copy of the
7applicant's most recent application filed with the Illinois
8Department on Aging under the Senior Citizens and Disabled
9Persons Property Tax Relief and Pharmaceutical Assistance Act.
10(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12;
1197-1064, eff. 1-1-13; revised 9-20-12.)
 
12    Section 25. The Metropolitan Transit Authority Act is
13amended by changing Sections 51 and 52 as follows:
 
14    (70 ILCS 3605/51)
15    Sec. 51. Free services; eligibility.
16    (a) Notwithstanding any law to the contrary, no later than
1760 days following the effective date of this amendatory Act of
18the 95th General Assembly and until subsection (b) is
19implemented, any fixed route public transportation services
20provided by, or under grant or purchase of service contracts
21of, the Board shall be provided without charge to all senior
22citizens of the Metropolitan Region (as such term is defined in
2370 ILCS 3615/1.03) aged 65 and older, under such conditions as

 

 

HB2824- 47 -LRB098 09387 KTG 39528 b

1shall be prescribed by the Board.
2    (b) Notwithstanding any law to the contrary, no later than
3180 days following the effective date of this amendatory Act of
4the 96th General Assembly, any fixed route public
5transportation services provided by, or under grant or purchase
6of service contracts of, the Board shall be provided without
7charge to senior citizens aged 65 and older who meet the income
8eligibility limitation set forth in subsection (a-5) of Section
94 of the Senior Citizens and Disabled Persons Property Tax
10Relief and Pharmaceutical Assistance Act, under such
11conditions as shall be prescribed by the Board. The Department
12on Aging shall furnish all information reasonably necessary to
13determine eligibility, including updated lists of individuals
14who are eligible for services without charge under this
15Section. Nothing in this Section shall relieve the Board from
16providing reduced fares as may be required by federal law.
17(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
 
18    (70 ILCS 3605/52)
19    Sec. 52. Transit services for disabled individuals.
20Notwithstanding any law to the contrary, no later than 60 days
21following the effective date of this amendatory Act of the 95th
22General Assembly, all fixed route public transportation
23services provided by, or under grant or purchase of service
24contract of, the Board shall be provided without charge to all
25disabled persons who meet the income eligibility limitation set

 

 

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1forth in subsection (a-5) of Section 4 of the Senior Citizens
2and Disabled Persons Property Tax Relief and Pharmaceutical
3Assistance Act, under such procedures as shall be prescribed by
4the Board. The Department on Aging shall furnish all
5information reasonably necessary to determine eligibility,
6including updated lists of individuals who are eligible for
7services without charge under this Section.
8(Source: P.A. 97-689, eff. 6-14-12.)
 
9    Section 30. The Local Mass Transit District Act is amended
10by changing Sections 8.6 and 8.7 as follows:
 
11    (70 ILCS 3610/8.6)
12    Sec. 8.6. Free services; eligibility.
13    (a) Notwithstanding any law to the contrary, no later than
1460 days following the effective date of this amendatory Act of
15the 95th General Assembly and until subsection (b) is
16implemented, any fixed route public transportation services
17provided by, or under grant or purchase of service contracts
18of, every District shall be provided without charge to all
19senior citizens of the District aged 65 and older, under such
20conditions as shall be prescribed by the District.
21    (b) Notwithstanding any law to the contrary, no later than
22180 days following the effective date of this amendatory Act of
23the 96th General Assembly, any fixed route public
24transportation services provided by, or under grant or purchase

 

 

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1of service contracts of, every District shall be provided
2without charge to senior citizens aged 65 and older who meet
3the income eligibility limitation set forth in subsection (a-5)
4of Section 4 of the Senior Citizens and Disabled Persons
5Property Tax Relief and Pharmaceutical Assistance Act, under
6such conditions as shall be prescribed by the District. The
7Department on Aging shall furnish all information reasonably
8necessary to determine eligibility, including updated lists of
9individuals who are eligible for services without charge under
10this Section. Nothing in this Section shall relieve the
11District from providing reduced fares as may be required by
12federal law.
13(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
 
14    (70 ILCS 3610/8.7)
15    Sec. 8.7. Transit services for disabled individuals.
16Notwithstanding any law to the contrary, no later than 60 days
17following the effective date of this amendatory Act of the 95th
18General Assembly, all fixed route public transportation
19services provided by, or under grant or purchase of service
20contract of, any District shall be provided without charge to
21all disabled persons who meet the income eligibility limitation
22set forth in subsection (a-5) of Section 4 of the Senior
23Citizens and Disabled Persons Property Tax Relief and
24Pharmaceutical Assistance Act, under such procedures as shall
25be prescribed by the District. The Department on Aging shall

 

 

HB2824- 50 -LRB098 09387 KTG 39528 b

1furnish all information reasonably necessary to determine
2eligibility, including updated lists of individuals who are
3eligible for services without charge under this Section.
4(Source: P.A. 97-689, eff. 6-14-12.)
 
5    Section 31. The Regional Transportation Authority Act is
6amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as
7follows:
 
8    (70 ILCS 3615/3A.15)
9    Sec. 3A.15. Free services; eligibility.
10    (a) Notwithstanding any law to the contrary, no later than
1160 days following the effective date of this amendatory Act of
12the 95th General Assembly and until subsection (b) is
13implemented, any fixed route public transportation services
14provided by, or under grant or purchase of service contracts
15of, the Suburban Bus Board shall be provided without charge to
16all senior citizens of the Metropolitan Region aged 65 and
17older, under such conditions as shall be prescribed by the
18Suburban Bus Board.
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, the Suburban Bus Board shall be
24provided without charge to senior citizens aged 65 and older

 

 

HB2824- 51 -LRB098 09387 KTG 39528 b

1who meet the income eligibility limitation set forth in
2subsection (a-5) of Section 4 of the Senior Citizens and
3Disabled Persons Property Tax Relief and Pharmaceutical
4Assistance Act, under such conditions as shall be prescribed by
5the Suburban Bus Board. The Department on Aging shall furnish
6all information reasonably necessary to determine eligibility,
7including updated lists of individuals who are eligible for
8services without charge under this Section. Nothing in this
9Section shall relieve the Suburban Bus Board from providing
10reduced fares as may be required by federal law.
11(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
 
12    (70 ILCS 3615/3A.16)
13    Sec. 3A.16. 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, the Suburban Bus Board shall be provided without
19charge to all disabled persons who meet the income eligibility
20limitation set forth in subsection (a-5) of Section 4 of the
21Senior Citizens and Disabled Persons Property Tax Relief and
22Pharmaceutical Assistance Act, under such procedures as shall
23be prescribed by the Board. The Department on Aging shall
24furnish all information reasonably necessary to determine
25eligibility, including updated lists of individuals who are

 

 

HB2824- 52 -LRB098 09387 KTG 39528 b

1eligible for services without charge under this Section.
2(Source: P.A. 97-689, eff. 6-14-12.)
 
3    (70 ILCS 3615/3B.14)
4    Sec. 3B.14. Free services; eligibility.
5    (a) Notwithstanding any law to the contrary, no later than
660 days following the effective date of this amendatory Act of
7the 95th General Assembly and until subsection (b) is
8implemented, any fixed route public transportation services
9provided by, or under grant or purchase of service contracts
10of, the Commuter Rail Board shall be provided without charge to
11all senior citizens of the Metropolitan Region aged 65 and
12older, under such conditions as shall be prescribed by the
13Commuter Rail Board.
14    (b) Notwithstanding any law to the contrary, no later than
15180 days following the effective date of this amendatory Act of
16the 96th General Assembly, any fixed route public
17transportation services provided by, or under grant or purchase
18of service contracts of, the Commuter Rail Board shall be
19provided without charge to senior citizens aged 65 and older
20who meet the income eligibility limitation set forth in
21subsection (a-5) of Section 4 of the Senior Citizens and
22Disabled Persons Property Tax Relief and Pharmaceutical
23Assistance Act, under such conditions as shall be prescribed by
24the Commuter Rail Board. The Department on Aging shall furnish
25all information reasonably necessary to determine eligibility,

 

 

HB2824- 53 -LRB098 09387 KTG 39528 b

1including updated lists of individuals who are eligible for
2services without charge under this Section. Nothing in this
3Section shall relieve the Commuter Rail Board from providing
4reduced fares as may be required by federal law.
5(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
 
6    (70 ILCS 3615/3B.15)
7    Sec. 3B.15. Transit services for disabled individuals.
8Notwithstanding any law to the contrary, no later than 60 days
9following the effective date of this amendatory Act of the 95th
10General Assembly, all fixed route public transportation
11services provided by, or under grant or purchase of service
12contract of, the Commuter Rail Board shall be provided without
13charge to all disabled persons who meet the income eligibility
14limitation set forth in subsection (a-5) of Section 4 of the
15Senior Citizens and Disabled Persons Property Tax Relief and
16Pharmaceutical Assistance Act, under such procedures as shall
17be prescribed by the Board. The Department on Aging shall
18furnish all information reasonably necessary to determine
19eligibility, including updated lists of individuals who are
20eligible for services without charge under this Section.
21(Source: P.A. 97-689, eff. 6-14-12.)
 
22    Section 32. The Senior Citizen Courses Act is amended by
23changing Section 1 as follows:
 

 

 

HB2824- 54 -LRB098 09387 KTG 39528 b

1    (110 ILCS 990/1)  (from Ch. 144, par. 1801)
2    Sec. 1. Definitions. For the purposes of this Act:
3    (a) "Public institutions of higher education" means the
4University of Illinois, Southern Illinois University, Chicago
5State University, Eastern Illinois University, Governors State
6University, Illinois State University, Northeastern Illinois
7University, Northern Illinois University, Western Illinois
8University, and the public community colleges subject to the
9"Public Community College Act".
10    (b) "Credit Course" means any program of study for which
11public institutions of higher education award credit hours.
12    (c) "Senior citizen" means any person 65 years or older
13whose annual household income is less than the threshold amount
14provided in Section 4 of the "Senior Citizens and Disabled
15Persons Property Tax Relief and Pharmaceutical Assistance
16Act", approved July 17, 1972, as amended.
17(Source: P.A. 97-689, eff. 6-14-12.)
 
18    Section 33. The Citizens Utility Board Act is amended by
19changing Section 9 as follows:
 
20    (220 ILCS 10/9)  (from Ch. 111 2/3, par. 909)
21    Sec. 9. Mailing procedure.
22    (1) As used in this Section:
23        (a) "Enclosure" means a card, leaflet, envelope or
24    combination thereof furnished by the corporation under

 

 

HB2824- 55 -LRB098 09387 KTG 39528 b

1    this Section.
2        (b) "Mailing" means any communication by a State
3    agency, other than a mailing made under the Senior Citizens
4    and Disabled Persons Property Tax Relief and
5    Pharmaceutical Assistance Act, that is sent through the
6    United States Postal Service to more than 50,000 persons
7    within a 12-month period.
8        (c) "State agency" means any officer, department,
9    board, commission, institution or entity of the executive
10    or legislative branches of State government.
11    (2) To accomplish its powers and duties under Section 5
12this Act, the corporation, subject to the following
13limitations, may prepare and furnish to any State agency an
14enclosure to be included with a mailing by that agency.
15        (a) A State agency furnished with an enclosure shall
16    include the enclosure within the mailing designated by the
17    corporation.
18        (b) An enclosure furnished by the corporation under
19    this Section shall be provided to the State agency a
20    reasonable period of time in advance of the mailing.
21        (c) An enclosure furnished by the corporation under
22    this Section shall be limited to informing the reader of
23    the purpose, nature and activities of the corporation as
24    set forth in this Act and informing the reader that it may
25    become a member in the corporation, maintain membership in
26    the corporation and contribute money to the corporation

 

 

HB2824- 56 -LRB098 09387 KTG 39528 b

1    directly.
2        (d) Prior to furnishing an enclosure to the State
3    agency, the corporation shall seek and obtain approval of
4    the content of the enclosure from the Illinois Commerce
5    Commission. The Commission shall approve the enclosure if
6    it determines that the enclosure (i) is not false or
7    misleading and (ii) satisfies the requirements of this Act.
8    The Commission shall be deemed to have approved the
9    enclosure unless it disapproves the enclosure within 14
10    days from the date of receipt.
11    (3) The corporation shall reimburse each State agency for
12all reasonable incremental costs incurred by the State agency
13in complying with this Section above the agency's normal
14mailing and handling costs, provided that:
15        (a) The State agency shall first furnish the
16    corporation with an itemized accounting of such additional
17    cost; and
18        (b) The corporation shall not be required to reimburse
19    the State agency for postage costs if the weight of the
20    corporation's enclosure does not exceed .35 ounce
21    avoirdupois. If the corporation's enclosure exceeds that
22    weight, then it shall only be required to reimburse the
23    State agency for postage cost over and above what the
24    agency's postage cost would have been had the enclosure
25    weighed only .35 ounce avoirdupois.
26(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 

 

 

HB2824- 57 -LRB098 09387 KTG 39528 b

1    Section 35. The Illinois Public Aid Code is amended by
2changing Sections 3-1.2, 3-5, 4-1.6, 4-2, 5-2, 5-4, 5A-8,
36-1.2, 6-2, and 12-9 as follows:
 
4    (305 ILCS 5/3-1.2)  (from Ch. 23, par. 3-1.2)
5    Sec. 3-1.2. Need. Income available to the person, when
6added to contributions in money, substance, or services from
7other sources, including contributions from legally
8responsible relatives, must be insufficient to equal the grant
9amount established by Department regulation for such person.
10    In determining earned income to be taken into account,
11consideration shall be given to any expenses reasonably
12attributable to the earning of such income. If federal law or
13regulations permit or require exemption of earned or other
14income and resources, the Illinois Department shall provide by
15rule and regulation that the amount of income to be disregarded
16be increased (1) to the maximum extent so required and (2) to
17the maximum extent permitted by federal law or regulation in
18effect as of the date this Amendatory Act becomes law. The
19Illinois Department may also provide by rule and regulation
20that the amount of resources to be disregarded be increased to
21the maximum extent so permitted or required. Subject to federal
22approval, resources (for example, land, buildings, equipment,
23supplies, or tools), including farmland property and personal
24property used in the income-producing operations related to the

 

 

HB2824- 58 -LRB098 09387 KTG 39528 b

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

 

 

HB2824- 59 -LRB098 09387 KTG 39528 b

1of the individual or his or her dependents, including prepaid
2funeral and burial plans, to the same extent that such items
3are excluded from consideration under the federal Supplemental
4Security Income program (SSI).
5    Prepaid funeral or burial contracts are exempt to the
6following extent:
7        (1) Funds in a revocable prepaid funeral or burial
8    contract are exempt up to $1,500, except that any portion
9    of a contract that clearly represents the purchase of
10    burial space, as that term is defined for purposes of the
11    Supplemental Security Income program, is exempt regardless
12    of value.
13        (2) Funds in an irrevocable prepaid funeral or burial
14    contract are exempt up to $5,874, except that any portion
15    of a contract that clearly represents the purchase of
16    burial space, as that term is defined for purposes of the
17    Supplemental Security Income program, is exempt regardless
18    of value. This amount shall be adjusted annually for any
19    increase in the Consumer Price Index. The amount exempted
20    shall be limited to the price of the funeral goods and
21    services to be provided upon death. The contract must
22    provide a complete description of the funeral goods and
23    services to be provided and the price thereof. Any amount
24    in the contract not so specified shall be treated as a
25    transfer of assets for less than fair market value.
26        (3) A prepaid, guaranteed-price funeral or burial

 

 

HB2824- 60 -LRB098 09387 KTG 39528 b

1    contract, funded by an irrevocable assignment of a person's
2    life insurance policy to a trust, is exempt. The amount
3    exempted shall be limited to the amount of the insurance
4    benefit designated for the cost of the funeral goods and
5    services to be provided upon the person's death. The
6    contract must provide a complete description of the funeral
7    goods and services to be provided and the price thereof.
8    Any amount in the contract not so specified shall be
9    treated as a transfer of assets for less than fair market
10    value. The trust must include a statement that, upon the
11    death of the person, the State will receive all amounts
12    remaining in the trust, including any remaining payable
13    proceeds under the insurance policy up to an amount equal
14    to the total medical assistance paid on behalf of the
15    person. The trust is responsible for ensuring that the
16    provider of funeral services under the contract receives
17    the proceeds of the policy when it provides the funeral
18    goods and services specified under the contract. The
19    irrevocable assignment of ownership of the insurance
20    policy must be acknowledged by the insurance company.
21    Notwithstanding any other provision of this Code to the
22contrary, an irrevocable trust containing the resources of a
23person who is determined to have a disability shall be
24considered exempt from consideration. Such trust must be
25established and managed by a non-profit association that pools
26funds but maintains a separate account for each beneficiary.

 

 

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

 

 

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

 

 

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1that the establishment or implementation of such a standard or
2supplement shall not result in reductions in benefits under
3this Article for the then current recipients of such benefits.
4(Source: P.A. 97-689, eff. 6-14-12.)
 
5    (305 ILCS 5/3-5)  (from Ch. 23, par. 3-5)
6    Sec. 3-5. Amount of aid. The amount and nature of financial
7aid granted to or in behalf of aged, blind, or disabled persons
8shall be determined in accordance with the standards, grant
9amounts, rules and regulations of the Illinois Department. Due
10regard shall be given to the requirements and conditions
11existing in each case, and to the amount of property owned and
12the income, money contributions, and other support, and
13resources received or obtainable by the person, from whatever
14source. However, the amount and nature of any financial aid is
15not affected by the payment of any grant under the "Senior
16Citizens and Disabled Persons Property Tax Relief and
17Pharmaceutical Assistance Act" or any distributions or items of
18income described under subparagraph (X) of paragraph (2) of
19subsection (a) of Section 203 of the Illinois Income Tax Act.
20The aid shall be sufficient, when added to all other income,
21money contributions and support, to provide the person with a
22grant in the amount established by Department regulation for
23such a person, based upon standards providing a livelihood
24compatible with health and well-being. Financial aid under this
25Article granted to persons who have been found ineligible for

 

 

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1Supplemental Security Income (SSI) due to expiration of the
2period of eligibility for refugees and asylees pursuant to 8
3U.S.C. 1612(a)(2) shall not exceed $500 per month.
4(Source: P.A. 97-689, eff. 6-14-12.)
 
5    (305 ILCS 5/4-1.6)  (from Ch. 23, par. 4-1.6)
6    Sec. 4-1.6. Need. Income available to the family as defined
7by the Illinois Department by rule, or to the child in the case
8of a child removed from his or her home, when added to
9contributions in money, substance or services from other
10sources, including income available from parents absent from
11the home or from a stepparent, contributions made for the
12benefit of the parent or other persons necessary to provide
13care and supervision to the child, and contributions from
14legally responsible relatives, must be equal to or less than
15the grant amount established by Department regulation for such
16a person. For purposes of eligibility for aid under this
17Article, the Department shall disregard all earned income
18between the grant amount and 50% of the Federal Poverty Level.
19    In considering income to be taken into account,
20consideration shall be given to any expenses reasonably
21attributable to the earning of such income. Three-fourths of
22the earned income of a household eligible for aid under this
23Article shall be disregarded when determining the level of
24assistance for which a household is eligible. The Illinois
25Department may also permit all or any portion of earned or

 

 

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1other income to be set aside for the future identifiable needs
2of a child. The Illinois Department may provide by rule and
3regulation for the exemptions thus permitted or required. The
4eligibility of any applicant for or recipient of public aid
5under this Article is not affected by the payment of any grant
6under the "Senior Citizens and Disabled Persons Property Tax
7Relief and Pharmaceutical Assistance Act" or any distributions
8or items of income described under subparagraph (X) of
9paragraph (2) of subsection (a) of Section 203 of the Illinois
10Income Tax Act.
11    The Illinois Department may, by rule, set forth criteria
12under which an assistance unit is ineligible for cash
13assistance under this Article for a specified number of months
14due to the receipt of a lump sum payment.
15(Source: P.A. 96-866, eff. 7-1-10; 97-689, eff. 6-14-12.)
 
16    (305 ILCS 5/4-2)  (from Ch. 23, par. 4-2)
17    Sec. 4-2. Amount of aid.
18    (a) The amount and nature of financial aid shall be
19determined in accordance with the grant amounts, rules and
20regulations of the Illinois Department. Due regard shall be
21given to the self-sufficiency requirements of the family and to
22the income, money contributions and other support and resources
23available, from whatever source. However, the amount and nature
24of any financial aid is not affected by the payment of any
25grant under the "Senior Citizens and Disabled Persons Property

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1this Article on January 1, 2004, with respect to children born
2prior to that date. In any event, subsection (f) shall be
3completely inoperative on and after July 1, 2007.
4    (g) (Blank).
5    (h) Notwithstanding any other provision of this Code, the
6Illinois Department is authorized to reduce payment levels used
7to determine cash grants under this Article after December 31
8of any fiscal year if the Illinois Department determines that
9the caseload upon which the appropriations for the current
10fiscal year are based have increased by more than 5% and the
11appropriation is not sufficient to ensure that cash benefits
12under this Article do not exceed the amounts appropriated for
13those cash benefits. Reductions in payment levels may be
14accomplished by emergency rule under Section 5-45 of the
15Illinois Administrative Procedure Act, except that the
16limitation on the number of emergency rules that may be adopted
17in a 24-month period shall not apply and the provisions of
18Sections 5-115 and 5-125 of the Illinois Administrative
19Procedure Act shall not apply. Increases in payment levels
20shall be accomplished only in accordance with Section 5-40 of
21the Illinois Administrative Procedure Act. Before any rule to
22increase payment levels promulgated under this Section shall
23become effective, a joint resolution approving the rule must be
24adopted by a roll call vote by a majority of the members
25elected to each chamber of the General Assembly.
26(Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
 

 

 

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1    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
2    Sec. 5-2. Classes of Persons Eligible. Medical assistance
3under this Article shall be available to any of the following
4classes of persons in respect to whom a plan for coverage has
5been submitted to the Governor by the Illinois Department and
6approved by him:
7        1. Recipients of basic maintenance grants under
8    Articles III and IV.
9        2. Persons otherwise eligible for basic maintenance
10    under Articles III and IV, excluding any eligibility
11    requirements that are inconsistent with any federal law or
12    federal regulation, as interpreted by the U.S. Department
13    of Health and Human Services, but who fail to qualify
14    thereunder on the basis of need or who qualify but are not
15    receiving basic maintenance under Article IV, and who have
16    insufficient income and resources to meet the costs of
17    necessary medical care, including but not limited to the
18    following:
19            (a) All persons otherwise eligible for basic
20        maintenance under Article III but who fail to qualify
21        under that Article on the basis of need and who meet
22        either of the following requirements:
23                (i) their income, as determined by the
24            Illinois Department in accordance with any federal
25            requirements, is equal to or less than 70% in

 

 

HB2824- 72 -LRB098 09387 KTG 39528 b

1            fiscal year 2001, equal to or less than 85% in
2            fiscal year 2002 and until a date to be determined
3            by the Department by rule, and equal to or less
4            than 100% beginning on the date determined by the
5            Department by rule, of the nonfarm income official
6            poverty line, as defined by the federal Office of
7            Management and Budget and revised annually in
8            accordance with Section 673(2) of the Omnibus
9            Budget Reconciliation Act of 1981, applicable to
10            families of the same size; or
11                (ii) their income, after the deduction of
12            costs incurred for medical care and for other types
13            of remedial care, is equal to or less than 70% in
14            fiscal year 2001, equal to or less than 85% in
15            fiscal year 2002 and until a date to be determined
16            by the Department by rule, and equal to or less
17            than 100% beginning on the date determined by the
18            Department by rule, of the nonfarm income official
19            poverty line, as defined in item (i) of this
20            subparagraph (a).
21            (b) All persons who, excluding any eligibility
22        requirements that are inconsistent with any federal
23        law or federal regulation, as interpreted by the U.S.
24        Department of Health and Human Services, would be
25        determined eligible for such basic maintenance under
26        Article IV by disregarding the maximum earned income

 

 

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1        permitted by federal law.
2        3. Persons who would otherwise qualify for Aid to the
3    Medically Indigent under Article VII.
4        4. Persons not eligible under any of the preceding
5    paragraphs who fall sick, are injured, or die, not having
6    sufficient money, property or other resources to meet the
7    costs of necessary medical care or funeral and burial
8    expenses.
9        5.(a) Women during pregnancy, after the fact of
10    pregnancy has been determined by medical diagnosis, and
11    during the 60-day period beginning on the last day of the
12    pregnancy, together with their infants and children born
13    after September 30, 1983, whose income and resources are
14    insufficient to meet the costs of necessary medical care to
15    the maximum extent possible under Title XIX of the Federal
16    Social Security Act.
17        (b) The Illinois Department and the Governor shall
18    provide a plan for coverage of the persons eligible under
19    paragraph 5(a) by April 1, 1990. Such plan shall provide
20    ambulatory prenatal care to pregnant women during a
21    presumptive eligibility period and establish an income
22    eligibility standard that is equal to 133% of the nonfarm
23    income official poverty line, as defined by the federal
24    Office of Management and Budget and revised annually in
25    accordance with Section 673(2) of the Omnibus Budget
26    Reconciliation Act of 1981, applicable to families of the

 

 

HB2824- 74 -LRB098 09387 KTG 39528 b

1    same size, provided that costs incurred for medical care
2    are not taken into account in determining such income
3    eligibility.
4        (c) The Illinois Department may conduct a
5    demonstration in at least one county that will provide
6    medical assistance to pregnant women, together with their
7    infants and children up to one year of age, where the
8    income eligibility standard is set up to 185% of the
9    nonfarm income official poverty line, as defined by the
10    federal Office of Management and Budget. The Illinois
11    Department shall seek and obtain necessary authorization
12    provided under federal law to implement such a
13    demonstration. Such demonstration may establish resource
14    standards that are not more restrictive than those
15    established under Article IV of this Code.
16        6. Persons under the age of 18 who fail to qualify as
17    dependent under Article IV and who have insufficient income
18    and resources to meet the costs of necessary medical care
19    to the maximum extent permitted under Title XIX of the
20    Federal Social Security Act.
21        7. (Blank).
22        8. Persons who become ineligible for basic maintenance
23    assistance under Article IV of this Code in programs
24    administered by the Illinois Department due to employment
25    earnings and persons in assistance units comprised of
26    adults and children who become ineligible for basic

 

 

HB2824- 75 -LRB098 09387 KTG 39528 b

1    maintenance assistance under Article VI of this Code due to
2    employment earnings. The plan for coverage for this class
3    of persons shall:
4            (a) extend the medical assistance coverage for up
5        to 12 months following termination of basic
6        maintenance assistance; and
7            (b) offer persons who have initially received 6
8        months of the coverage provided in paragraph (a) above,
9        the option of receiving an additional 6 months of
10        coverage, subject to the following:
11                (i) such coverage shall be pursuant to
12            provisions of the federal Social Security Act;
13                (ii) such coverage shall include all services
14            covered while the person was eligible for basic
15            maintenance assistance;
16                (iii) no premium shall be charged for such
17            coverage; and
18                (iv) such coverage shall be suspended in the
19            event of a person's failure without good cause to
20            file in a timely fashion reports required for this
21            coverage under the Social Security Act and
22            coverage shall be reinstated upon the filing of
23            such reports if the person remains otherwise
24            eligible.
25        9. Persons with acquired immunodeficiency syndrome
26    (AIDS) or with AIDS-related conditions with respect to whom

 

 

HB2824- 76 -LRB098 09387 KTG 39528 b

1    there has been a determination that but for home or
2    community-based services such individuals would require
3    the level of care provided in an inpatient hospital,
4    skilled nursing facility or intermediate care facility the
5    cost of which is reimbursed under this Article. Assistance
6    shall be provided to such persons to the maximum extent
7    permitted under Title XIX of the Federal Social Security
8    Act.
9        10. Participants in the long-term care insurance
10    partnership program established under the Illinois
11    Long-Term Care Partnership Program Act who meet the
12    qualifications for protection of resources described in
13    Section 15 of that Act.
14        11. Persons with disabilities who are employed and
15    eligible for Medicaid, pursuant to Section
16    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
17    subject to federal approval, persons with a medically
18    improved disability who are employed and eligible for
19    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
20    the Social Security Act, as provided by the Illinois
21    Department by rule. In establishing eligibility standards
22    under this paragraph 11, the Department shall, subject to
23    federal approval:
24            (a) set the income eligibility standard at not
25        lower than 350% of the federal poverty level;
26            (b) exempt retirement accounts that the person

 

 

HB2824- 77 -LRB098 09387 KTG 39528 b

1        cannot access without penalty before the age of 59 1/2,
2        and medical savings accounts established pursuant to
3        26 U.S.C. 220;
4            (c) allow non-exempt assets up to $25,000 as to
5        those assets accumulated during periods of eligibility
6        under this paragraph 11; and
7            (d) continue to apply subparagraphs (b) and (c) in
8        determining the eligibility of the person under this
9        Article even if the person loses eligibility under this
10        paragraph 11.
11        12. Subject to federal approval, persons who are
12    eligible for medical assistance coverage under applicable
13    provisions of the federal Social Security Act and the
14    federal Breast and Cervical Cancer Prevention and
15    Treatment Act of 2000. Those eligible persons are defined
16    to include, but not be limited to, the following persons:
17            (1) persons who have been screened for breast or
18        cervical cancer under the U.S. Centers for Disease
19        Control and Prevention Breast and Cervical Cancer
20        Program established under Title XV of the federal
21        Public Health Services Act in accordance with the
22        requirements of Section 1504 of that Act as
23        administered by the Illinois Department of Public
24        Health; and
25            (2) persons whose screenings under the above
26        program were funded in whole or in part by funds

 

 

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1        appropriated to the Illinois Department of Public
2        Health for breast or cervical cancer screening.
3        "Medical assistance" under this paragraph 12 shall be
4    identical to the benefits provided under the State's
5    approved plan under Title XIX of the Social Security Act.
6    The Department must request federal approval of the
7    coverage under this paragraph 12 within 30 days after the
8    effective date of this amendatory Act of the 92nd General
9    Assembly.
10        In addition to the persons who are eligible for medical
11    assistance pursuant to subparagraphs (1) and (2) of this
12    paragraph 12, and to be paid from funds appropriated to the
13    Department for its medical programs, any uninsured person
14    as defined by the Department in rules residing in Illinois
15    who is younger than 65 years of age, who has been screened
16    for breast and cervical cancer in accordance with standards
17    and procedures adopted by the Department of Public Health
18    for screening, and who is referred to the Department by the
19    Department of Public Health as being in need of treatment
20    for breast or cervical cancer is eligible for medical
21    assistance benefits that are consistent with the benefits
22    provided to those persons described in subparagraphs (1)
23    and (2). Medical assistance coverage for the persons who
24    are eligible under the preceding sentence is not dependent
25    on federal approval, but federal moneys may be used to pay
26    for services provided under that coverage upon federal

 

 

HB2824- 79 -LRB098 09387 KTG 39528 b

1    approval.
2        13. Subject to appropriation and to federal approval,
3    persons living with HIV/AIDS who are not otherwise eligible
4    under this Article and who qualify for services covered
5    under Section 5-5.04 as provided by the Illinois Department
6    by rule.
7        14. Subject to the availability of funds for this
8    purpose, the Department may provide coverage under this
9    Article to persons who reside in Illinois who are not
10    eligible under any of the preceding paragraphs and who meet
11    the income guidelines of paragraph 2(a) of this Section and
12    (i) have an application for asylum pending before the
13    federal Department of Homeland Security or on appeal before
14    a court of competent jurisdiction and are represented
15    either by counsel or by an advocate accredited by the
16    federal Department of Homeland Security and employed by a
17    not-for-profit organization in regard to that application
18    or appeal, or (ii) are receiving services through a
19    federally funded torture treatment center. Medical
20    coverage under this paragraph 14 may be provided for up to
21    24 continuous months from the initial eligibility date so
22    long as an individual continues to satisfy the criteria of
23    this paragraph 14. If an individual has an appeal pending
24    regarding an application for asylum before the Department
25    of Homeland Security, eligibility under this paragraph 14
26    may be extended until a final decision is rendered on the

 

 

HB2824- 80 -LRB098 09387 KTG 39528 b

1    appeal. The Department may adopt rules governing the
2    implementation of this paragraph 14.
3        15. Family Care Eligibility.
4            (a) On and after July 1, 2012, a caretaker relative
5        who is 19 years of age or older when countable income
6        is at or below 133% of the Federal Poverty Level
7        Guidelines, as published annually in the Federal
8        Register, for the appropriate family size. A person may
9        not spend down to become eligible under this paragraph
10        15.
11            (b) Eligibility shall be reviewed annually.
12            (c) (Blank).
13            (d) (Blank).
14            (e) (Blank).
15            (f) (Blank).
16            (g) (Blank).
17            (h) (Blank).
18            (i) Following termination of an individual's
19        coverage under this paragraph 15, the individual must
20        be determined eligible before the person can be
21        re-enrolled.
22        16. Subject to appropriation, uninsured persons who
23    are not otherwise eligible under this Section who have been
24    certified and referred by the Department of Public Health
25    as having been screened and found to need diagnostic
26    evaluation or treatment, or both diagnostic evaluation and

 

 

HB2824- 81 -LRB098 09387 KTG 39528 b

1    treatment, for prostate or testicular cancer. For the
2    purposes of this paragraph 16, uninsured persons are those
3    who do not have creditable coverage, as defined under the
4    Health Insurance Portability and Accountability Act, or
5    have otherwise exhausted any insurance benefits they may
6    have had, for prostate or testicular cancer diagnostic
7    evaluation or treatment, or both diagnostic evaluation and
8    treatment. To be eligible, a person must furnish a Social
9    Security number. A person's assets are exempt from
10    consideration in determining eligibility under this
11    paragraph 16. Such persons shall be eligible for medical
12    assistance under this paragraph 16 for so long as they need
13    treatment for the cancer. A person shall be considered to
14    need treatment if, in the opinion of the person's treating
15    physician, the person requires therapy directed toward
16    cure or palliation of prostate or testicular cancer,
17    including recurrent metastatic cancer that is a known or
18    presumed complication of prostate or testicular cancer and
19    complications resulting from the treatment modalities
20    themselves. Persons who require only routine monitoring
21    services are not considered to need treatment. "Medical
22    assistance" under this paragraph 16 shall be identical to
23    the benefits provided under the State's approved plan under
24    Title XIX of the Social Security Act. Notwithstanding any
25    other provision of law, the Department (i) does not have a
26    claim against the estate of a deceased recipient of

 

 

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1    services under this paragraph 16 and (ii) does not have a
2    lien against any homestead property or other legal or
3    equitable real property interest owned by a recipient of
4    services under this paragraph 16.
5        17. Persons who, pursuant to a waiver approved by the
6    Secretary of the U.S. Department of Health and Human
7    Services, are eligible for medical assistance under Title
8    XIX or XXI of the federal Social Security Act.
9    Notwithstanding any other provision of this Code and
10    consistent with the terms of the approved waiver, the
11    Illinois Department, may by rule:
12            (a) Limit the geographic areas in which the waiver
13        program operates.
14            (b) Determine the scope, quantity, duration, and
15        quality, and the rate and method of reimbursement, of
16        the medical services to be provided, which may differ
17        from those for other classes of persons eligible for
18        assistance under this Article.
19            (c) Restrict the persons' freedom in choice of
20        providers.
21    In implementing the provisions of Public Act 96-20, the
22Department is authorized to adopt only those rules necessary,
23including emergency rules. Nothing in Public Act 96-20 permits
24the Department to adopt rules or issue a decision that expands
25eligibility for the FamilyCare Program to a person whose income
26exceeds 185% of the Federal Poverty Level as determined from

 

 

HB2824- 83 -LRB098 09387 KTG 39528 b

1time to time by the U.S. Department of Health and Human
2Services, unless the Department is provided with express
3statutory authority.
4    The Illinois Department and the Governor shall provide a
5plan for coverage of the persons eligible under paragraph 7 as
6soon as possible after July 1, 1984.
7    The eligibility of any such person for medical assistance
8under this Article is not affected by the payment of any grant
9under the Senior Citizens and Disabled Persons Property Tax
10Relief and Pharmaceutical Assistance Act or any distributions
11or items of income described under subparagraph (X) of
12paragraph (2) of subsection (a) of Section 203 of the Illinois
13Income Tax Act. The Department shall by rule establish the
14amounts of assets to be disregarded in determining eligibility
15for medical assistance, which shall at a minimum equal the
16amounts to be disregarded under the Federal Supplemental
17Security Income Program. The amount of assets of a single
18person to be disregarded shall not be less than $2,000, and the
19amount of assets of a married couple to be disregarded shall
20not be less than $3,000.
21    To the extent permitted under federal law, any person found
22guilty of a second violation of Article VIIIA shall be
23ineligible for medical assistance under this Article, as
24provided in Section 8A-8.
25    The eligibility of any person for medical assistance under
26this Article shall not be affected by the receipt by the person

 

 

HB2824- 84 -LRB098 09387 KTG 39528 b

1of donations or benefits from fundraisers held for the person
2in cases of serious illness, as long as neither the person nor
3members of the person's family have actual control over the
4donations or benefits or the disbursement of the donations or
5benefits.
6    Notwithstanding any other provision of this Code, if the
7United States Supreme Court holds Title II, Subtitle A, Section
82001(a) of Public Law 111-148 to be unconstitutional, or if a
9holding of Public Law 111-148 makes Medicaid eligibility
10allowed under Section 2001(a) inoperable, the State or a unit
11of local government shall be prohibited from enrolling
12individuals in the Medical Assistance Program as the result of
13federal approval of a State Medicaid waiver on or after the
14effective date of this amendatory Act of the 97th General
15Assembly, and any individuals enrolled in the Medical
16Assistance Program pursuant to eligibility permitted as a
17result of such a State Medicaid waiver shall become immediately
18ineligible.
19    Notwithstanding any other provision of this Code, if an Act
20of Congress that becomes a Public Law eliminates Section
212001(a) of Public Law 111-148, the State or a unit of local
22government shall be prohibited from enrolling individuals in
23the Medical Assistance Program as the result of federal
24approval of a State Medicaid waiver on or after the effective
25date of this amendatory Act of the 97th General Assembly, and
26any individuals enrolled in the Medical Assistance Program

 

 

HB2824- 85 -LRB098 09387 KTG 39528 b

1pursuant to eligibility permitted as a result of such a State
2Medicaid waiver shall become immediately ineligible.
3(Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09;
496-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff.
57-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48,
6eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11;
797-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff.
87-13-12; revised 7-23-12.)
 
9    (305 ILCS 5/5-4)  (from Ch. 23, par. 5-4)
10    Sec. 5-4. Amount and nature of medical assistance.
11    (a) The amount and nature of medical assistance shall be
12determined in accordance with the standards, rules, and
13regulations of the Department of Healthcare and Family
14Services, with due regard to the requirements and conditions in
15each case, including contributions available from legally
16responsible relatives. However, the amount and nature of such
17medical assistance shall not be affected by the payment of any
18grant under the Senior Citizens and Disabled Persons Property
19Tax Relief and Pharmaceutical Assistance Act or any
20distributions or items of income described under subparagraph
21(X) of paragraph (2) of subsection (a) of Section 203 of the
22Illinois Income Tax Act. The amount and nature of medical
23assistance shall not be affected by the receipt of donations or
24benefits from fundraisers in cases of serious illness, as long
25as neither the person nor members of the person's family have

 

 

HB2824- 86 -LRB098 09387 KTG 39528 b

1actual control over the donations or benefits or the
2disbursement of the donations or benefits.
3    In determining the income and resources available to the
4institutionalized spouse and to the community spouse, the
5Department of Healthcare and Family Services shall follow the
6procedures established by federal law. If an institutionalized
7spouse or community spouse refuses to comply with the
8requirements of Title XIX of the federal Social Security Act
9and the regulations duly promulgated thereunder by failing to
10provide the total value of assets, including income and
11resources, to the extent either the institutionalized spouse or
12community spouse has an ownership interest in them pursuant to
1342 U.S.C. 1396r-5, such refusal may result in the
14institutionalized spouse being denied eligibility and
15continuing to remain ineligible for the medical assistance
16program based on failure to cooperate.
17    Subject to federal approval, the community spouse resource
18allowance shall be established and maintained at the higher of
19$109,560 or the minimum level permitted pursuant to Section
201924(f)(2) of the Social Security Act, as now or hereafter
21amended, or an amount set after a fair hearing, whichever is
22greater. The monthly maintenance allowance for the community
23spouse shall be established and maintained at the higher of
24$2,739 per month or the minimum level permitted pursuant to
25Section 1924(d)(3)(C) of the Social Security Act, as now or
26hereafter amended, or an amount set after a fair hearing,

 

 

HB2824- 87 -LRB098 09387 KTG 39528 b

1whichever is greater. Subject to the approval of the Secretary
2of the United States Department of Health and Human Services,
3the provisions of this Section shall be extended to persons who
4but for the provision of home or community-based services under
5Section 4.02 of the Illinois Act on the Aging, would require
6the level of care provided in an institution, as is provided
7for in federal law.
8    (b) Spousal support for institutionalized spouses
9receiving medical assistance.
10        (i) The Department may seek support for an
11    institutionalized spouse, who has assigned his or her right
12    of support from his or her spouse to the State, from the
13    resources and income available to the community spouse.
14        (ii) The Department may bring an action in the circuit
15    court to establish support orders or itself establish
16    administrative support orders by any means and procedures
17    authorized in this Code, as applicable, except that the
18    standard and regulations for determining ability to
19    support in Section 10-3 shall not limit the amount of
20    support that may be ordered.
21        (iii) Proceedings may be initiated to obtain support,
22    or for the recovery of aid granted during the period such
23    support was not provided, or both, for the obtainment of
24    support and the recovery of the aid provided. Proceedings
25    for the recovery of aid may be taken separately or they may
26    be consolidated with actions to obtain support. Such

 

 

HB2824- 88 -LRB098 09387 KTG 39528 b

1    proceedings may be brought in the name of the person or
2    persons requiring support or may be brought in the name of
3    the Department, as the case requires.
4        (iv) The orders for the payment of moneys for the
5    support of the person shall be just and equitable and may
6    direct payment thereof for such period or periods of time
7    as the circumstances require, including support for a
8    period before the date the order for support is entered. In
9    no event shall the orders reduce the community spouse
10    resource allowance below the level established in
11    subsection (a) of this Section or an amount set after a
12    fair hearing, whichever is greater, or reduce the monthly
13    maintenance allowance for the community spouse below the
14    level permitted pursuant to subsection (a) of this Section.
15(Source: P.A. 97-689, eff. 6-14-12.)
 
16    (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)
17    Sec. 5A-8. Hospital Provider Fund.
18    (a) There is created in the State Treasury the Hospital
19Provider Fund. Interest earned by the Fund shall be credited to
20the Fund. The Fund shall not be used to replace any moneys
21appropriated to the Medicaid program by the General Assembly.
22    (b) The Fund is created for the purpose of receiving moneys
23in accordance with Section 5A-6 and disbursing moneys only for
24the following purposes, notwithstanding any other provision of
25law:

 

 

HB2824- 89 -LRB098 09387 KTG 39528 b

1        (1) For making payments to hospitals as required under
2    this Code, under the Children's Health Insurance Program
3    Act, under the Covering ALL KIDS Health Insurance Act,
4    under the Senior Citizens and Disabled Persons Property Tax
5    Relief and Pharmaceutical Assistance Act, and under the
6    Long Term Acute Care Hospital Quality Improvement Transfer
7    Program Act.
8        (2) For the reimbursement of moneys collected by the
9    Illinois Department from hospitals or hospital providers
10    through error or mistake in performing the activities
11    authorized under this Code.
12        (3) For payment of administrative expenses incurred by
13    the Illinois Department or its agent in performing
14    activities under this Code, under the Children's Health
15    Insurance Program Act, under the Covering ALL KIDS Health
16    Insurance Act, and under the Long Term Acute Care Hospital
17    Quality Improvement Transfer Program Act.
18        (4) For payments of any amounts which are reimbursable
19    to the federal government for payments from this Fund which
20    are required to be paid by State warrant.
21        (5) For making transfers, as those transfers are
22    authorized in the proceedings authorizing debt under the
23    Short Term Borrowing Act, but transfers made under this
24    paragraph (5) shall not exceed the principal amount of debt
25    issued in anticipation of the receipt by the State of
26    moneys to be deposited into the Fund.

 

 

HB2824- 90 -LRB098 09387 KTG 39528 b

1        (6) For making transfers to any other fund in the State
2    treasury, but transfers made under this paragraph (6) shall
3    not exceed the amount transferred previously from that
4    other fund into the Hospital Provider Fund plus any
5    interest that would have been earned by that fund on the
6    monies that had been transferred.
7        (6.5) For making transfers to the Healthcare Provider
8    Relief Fund, except that transfers made under this
9    paragraph (6.5) shall not exceed $60,000,000 in the
10    aggregate.
11        (7) For making transfers not exceeding the following
12    amounts, in State fiscal years 2013 and 2014 in each State
13    fiscal year during which an assessment is imposed pursuant
14    to Section 5A-2, to the following designated funds:
15            Health and Human Services Medicaid Trust
16                Fund..............................$20,000,000
17            Long-Term Care Provider Fund..........$30,000,000
18            General Revenue Fund.................$80,000,000.
19    Transfers under this paragraph shall be made within 7 days
20    after the payments have been received pursuant to the
21    schedule of payments provided in subsection (a) of Section
22    5A-4.
23        (7.1) For making transfers not exceeding the following
24    amounts, in State fiscal year 2015, to the following
25    designated funds:
26            Health and Human Services Medicaid Trust

 

 

HB2824- 91 -LRB098 09387 KTG 39528 b

1                 Fund..............................$10,000,000
2            Long-Term Care Provider Fund..........$15,000,000
3            General Revenue Fund.................$40,000,000.
4    Transfers under this paragraph shall be made within 7 days
5    after the payments have been received pursuant to the
6    schedule of payments provided in subsection (a) of Section
7    5A-4.
8        (7.5) (Blank).
9        (7.8) (Blank).
10        (7.9) (Blank).
11        (7.10) For State fiscal years 2013 and 2014, for making
12    transfers of the moneys resulting from the assessment under
13    subsection (b-5) of Section 5A-2 and received from hospital
14    providers under Section 5A-4 and transferred into the
15    Hospital Provider Fund under Section 5A-6 to the designated
16    funds not exceeding the following amounts in that State
17    fiscal year:
18            Health Care Provider Relief Fund......$50,000,000
19        Transfers under this paragraph shall be made within 7
20    days after the payments have been received pursuant to the
21    schedule of payments provided in subsection (a) of Section
22    5A-4.
23        (7.11) For State fiscal year 2015, for making transfers
24    of the moneys resulting from the assessment under
25    subsection (b-5) of Section 5A-2 and received from hospital
26    providers under Section 5A-4 and transferred into the

 

 

HB2824- 92 -LRB098 09387 KTG 39528 b

1    Hospital Provider Fund under Section 5A-6 to the designated
2    funds not exceeding the following amounts in that State
3    fiscal year:
4            Health Care Provider Relief Fund.....$25,000,000
5        Transfers under this paragraph shall be made within 7
6    days after the payments have been received pursuant to the
7    schedule of payments provided in subsection (a) of Section
8    5A-4.
9        (8) For making refunds to hospital providers pursuant
10    to Section 5A-10.
11    Disbursements from the Fund, other than transfers
12authorized under paragraphs (5) and (6) of this subsection,
13shall be by warrants drawn by the State Comptroller upon
14receipt of vouchers duly executed and certified by the Illinois
15Department.
16    (c) The Fund shall consist of the following:
17        (1) All moneys collected or received by the Illinois
18    Department from the hospital provider assessment imposed
19    by this Article.
20        (2) All federal matching funds received by the Illinois
21    Department as a result of expenditures made by the Illinois
22    Department that are attributable to moneys deposited in the
23    Fund.
24        (3) Any interest or penalty levied in conjunction with
25    the administration of this Article.
26        (4) Moneys transferred from another fund in the State

 

 

HB2824- 93 -LRB098 09387 KTG 39528 b

1    treasury.
2        (5) All other moneys received for the Fund from any
3    other source, including interest earned thereon.
4    (d) (Blank).
5(Source: P.A. 96-3, eff. 2-27-09; 96-45, eff. 7-15-09; 96-821,
6eff. 11-20-09; 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12;
797-689, eff. 6-14-12; revised 10-17-12.)
 
8    (305 ILCS 5/6-1.2)  (from Ch. 23, par. 6-1.2)
9    Sec. 6-1.2. Need. Income available to the person, when
10added to contributions in money, substance, or services from
11other sources, including contributions from legally
12responsible relatives, must be insufficient to equal the grant
13amount established by Department regulation (or by local
14governmental unit in units which do not receive State funds)
15for such a person.
16    In determining income to be taken into account:
17        (1) The first $75 of earned income in income assistance
18    units comprised exclusively of one adult person shall be
19    disregarded, and for not more than 3 months in any 12
20    consecutive months that portion of earned income beyond the
21    first $75 that is the difference between the standard of
22    assistance and the grant amount, shall be disregarded.
23        (2) For income assistance units not comprised
24    exclusively of one adult person, when authorized by rules
25    and regulations of the Illinois Department, a portion of

 

 

HB2824- 94 -LRB098 09387 KTG 39528 b

1    earned income, not to exceed the first $25 a month plus 50%
2    of the next $75, may be disregarded for the purpose of
3    stimulating and aiding rehabilitative effort and
4    self-support activity.
5    "Earned income" means money earned in self-employment or
6wages, salary, or commission for personal services performed as
7an employee. The eligibility of any applicant for or recipient
8of public aid under this Article is not affected by the payment
9of any grant under the "Senior Citizens and Disabled Persons
10Property Tax Relief and Pharmaceutical Assistance Act", any
11refund or payment of the federal Earned Income Tax Credit, or
12any distributions or items of income described under
13subparagraph (X) of paragraph (2) of subsection (a) of Section
14203 of the Illinois Income Tax Act.
15(Source: P.A. 97-689, eff. 6-14-12.)
 
16    (305 ILCS 5/6-2)  (from Ch. 23, par. 6-2)
17    Sec. 6-2. Amount of aid. The amount and nature of General
18Assistance for basic maintenance requirements shall be
19determined in accordance with local budget standards for local
20governmental units which do not receive State funds. For local
21governmental units which do receive State funds, the amount and
22nature of General Assistance for basic maintenance
23requirements shall be determined in accordance with the
24standards, rules and regulations of the Illinois Department.
25However, the amount and nature of any financial aid is not

 

 

HB2824- 95 -LRB098 09387 KTG 39528 b

1affected by the payment of any grant under the Senior Citizens
2and Disabled Persons Property Tax Relief and Pharmaceutical
3Assistance Act or any distributions or items of income
4described under subparagraph (X) of paragraph (2) of subsection
5(a) of Section 203 of the Illinois Income Tax Act. Due regard
6shall be given to the requirements and the conditions existing
7in each case, and to the income, money contributions and other
8support and resources available, from whatever source. In local
9governmental units which do not receive State funds, the grant
10shall be sufficient when added to all other income, money
11contributions and support in excess of any excluded income or
12resources, to provide the person with a grant in the amount
13established for such a person by the local governmental unit
14based upon standards meeting basic maintenance requirements.
15In local governmental units which do receive State funds, the
16grant shall be sufficient when added to all other income, money
17contributions and support in excess of any excluded income or
18resources, to provide the person with a grant in the amount
19established for such a person by Department regulation based
20upon standards providing a livelihood compatible with health
21and well-being, as directed by Section 12-4.11 of this Code.
22    The Illinois Department may conduct special projects,
23which may be known as Grant Diversion Projects, under which
24recipients of financial aid under this Article are placed in
25jobs and their grants are diverted to the employer who in turn
26makes payments to the recipients in the form of salary or other

 

 

HB2824- 96 -LRB098 09387 KTG 39528 b

1employment benefits. The Illinois Department shall by rule
2specify the terms and conditions of such Grant Diversion
3Projects. Such projects shall take into consideration and be
4coordinated with the programs administered under the Illinois
5Emergency Employment Development Act.
6    The allowances provided under Article IX for recipients
7participating in the training and rehabilitation programs
8shall be in addition to such maximum payment.
9    Payments may also be made to provide persons receiving
10basic maintenance support with necessary treatment, care and
11supplies required because of illness or disability or with
12acute medical treatment, care, and supplies. Payments for
13necessary or acute medical care under this paragraph may be
14made to or in behalf of the person. Obligations incurred for
15such services but not paid for at the time of a recipient's
16death may be paid, subject to the rules and regulations of the
17Illinois Department, after the death of the recipient.
18(Source: P.A. 97-689, eff. 6-14-12.)
 
19    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)
20    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
21Public Aid Recoveries Trust Fund shall consist of (1)
22recoveries by the Department of Healthcare and Family Services
23(formerly Illinois Department of Public Aid) authorized by this
24Code in respect to applicants or recipients under Articles III,
25IV, V, and VI, including recoveries made by the Department of

 

 

HB2824- 97 -LRB098 09387 KTG 39528 b

1Healthcare and Family Services (formerly Illinois Department
2of Public Aid) from the estates of deceased recipients, (2)
3recoveries made by the Department of Healthcare and Family
4Services (formerly Illinois Department of Public Aid) in
5respect to applicants and recipients under the Children's
6Health Insurance Program Act, and the Covering ALL KIDS Health
7Insurance Act, and the Senior Citizens and Disabled Persons
8Property Tax Relief and Pharmaceutical Assistance Act, (3)
9federal funds received on behalf of and earned by State
10universities and local governmental entities for services
11provided to applicants or recipients covered under this Code,
12the Children's Health Insurance Program Act, and the Covering
13ALL KIDS Health Insurance Act, and the Senior Citizens and
14Disabled Persons Property Tax Relief and Pharmaceutical
15Assistance Act, (3.5) federal financial participation revenue
16related to eligible disbursements made by the Department of
17Healthcare and Family Services from appropriations required by
18this Section, and (4) all other moneys received to the Fund,
19including interest thereon. The Fund shall be held as a special
20fund in the State Treasury.
21    Disbursements from this Fund shall be only (1) for the
22reimbursement of claims collected by the Department of
23Healthcare and Family Services (formerly Illinois Department
24of Public Aid) through error or mistake, (2) for payment to
25persons or agencies designated as payees or co-payees on any
26instrument, whether or not negotiable, delivered to the

 

 

HB2824- 98 -LRB098 09387 KTG 39528 b

1Department of Healthcare and Family Services (formerly
2Illinois Department of Public Aid) as a recovery under this
3Section, such payment to be in proportion to the respective
4interests of the payees in the amount so collected, (3) for
5payments to the Department of Human Services for collections
6made by the Department of Healthcare and Family Services
7(formerly Illinois Department of Public Aid) on behalf of the
8Department of Human Services under this Code, the Children's
9Health Insurance Program Act, and the Covering ALL KIDS Health
10Insurance Act, (4) for payment of administrative expenses
11incurred in performing the activities authorized under this
12Code, the Children's Health Insurance Program Act, and the
13Covering ALL KIDS Health Insurance Act, and the Senior Citizens
14and Disabled Persons Property Tax Relief and Pharmaceutical
15Assistance Act, (5) for payment of fees to persons or agencies
16in the performance of activities pursuant to the collection of
17monies owed the State that are collected under this Code, the
18Children's Health Insurance Program Act, and the Covering ALL
19KIDS Health Insurance Act, and the Senior Citizens and Disabled
20Persons Property Tax Relief and Pharmaceutical Assistance Act,
21(6) for payments of any amounts which are reimbursable to the
22federal government which are required to be paid by State
23warrant by either the State or federal government, and (7) for
24payments to State universities and local governmental entities
25of federal funds for services provided to applicants or
26recipients covered under this Code, the Children's Health

 

 

HB2824- 99 -LRB098 09387 KTG 39528 b

1Insurance Program Act, and the Covering ALL KIDS Health
2Insurance Act, and the Senior Citizens and Disabled Persons
3Property Tax Relief and Pharmaceutical Assistance Act.
4Disbursements from this Fund for purposes of items (4) and (5)
5of this paragraph shall be subject to appropriations from the
6Fund to the Department of Healthcare and Family Services
7(formerly Illinois Department of Public Aid).
8    The balance in this Fund on the first day of each calendar
9quarter, after payment therefrom of any amounts reimbursable to
10the federal government, and minus the amount reasonably
11anticipated to be needed to make the disbursements during that
12quarter authorized by this Section, shall be certified by the
13Director of Healthcare and Family Services and transferred by
14the State Comptroller to the Drug Rebate Fund or the Healthcare
15Provider Relief Fund in the State Treasury, as appropriate,
16within 30 days of the first day of each calendar quarter. The
17Director of Healthcare and Family Services may certify and the
18State Comptroller shall transfer to the Drug Rebate Fund
19amounts on a more frequent basis.
20    On July 1, 1999, the State Comptroller shall transfer the
21sum of $5,000,000 from the Public Aid Recoveries Trust Fund
22(formerly the Public Assistance Recoveries Trust Fund) into the
23DHS Recoveries Trust Fund.
24(Source: P.A. 96-1100, eff. 1-1-11; 97-647, eff. 1-1-12;
2597-689, eff. 6-14-12.)
 

 

 

HB2824- 100 -LRB098 09387 KTG 39528 b

1    Section 40. The Senior Citizens and Disabled Persons
2Property Tax Relief Act is amended by changing the title of the
3Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, 9,
412, and 13 as follows:
 
5    (320 ILCS 25/Act title)
6An Act in relation to the payment of grants to enable the
7elderly and the disabled to acquire or retain private housing
8and to acquire prescription drugs.
 
9    (320 ILCS 25/1)  (from Ch. 67 1/2, par. 401)
10    Sec. 1. Short title; common name. This Article shall be
11known and may be cited as the Senior Citizens and Disabled
12Persons Property Tax Relief and Pharmaceutical Assistance Act.
13Common references to the "Circuit Breaker Act" mean this
14Article. As used in this Article, "this Act" means this
15Article.
16(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
17    (320 ILCS 25/1.5)
18    Sec. 1.5. Implementation of Executive Order No. 3 of 2004;
19termination of the Illinois Senior Citizens and Disabled
20Persons Pharmaceutical Assistance Program. Executive Order No.
213 of 2004, in part, provided for the transfer of the programs
22under this Act from the Department of Revenue to the Department
23on Aging and the Department of Healthcare and Family Services.

 

 

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1It is the purpose of this amendatory Act of the 96th General
2Assembly to conform this Act and certain related provisions of
3other statutes to that Executive Order. This amendatory Act of
4the 96th General Assembly also makes other substantive changes
5to this Act.
6    It is the purpose of this amendatory Act of the 97th
7General Assembly to terminate the Illinois Senior Citizens and
8Disabled Persons Pharmaceutical Assistance Program on July 1,
92012.
10(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
11    (320 ILCS 25/2)  (from Ch. 67 1/2, par. 402)
12    Sec. 2. Purpose. The purpose of this Act is to provide
13incentives to the senior citizens and disabled persons of this
14State to acquire and retain private housing of their choice and
15at the same time to relieve those citizens from the burdens of
16extraordinary property taxes and rising drug costs against
17their increasingly restricted earning power, and thereby to
18reduce the requirements for public housing in this State.
19(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
20    (320 ILCS 25/3.05a)
21    Sec. 3.05a. Additional resident. "Additional resident"
22means a person who (i) is living in the same residence with a
23claimant for the claim year and at the time of filing the
24claim, (ii) is not the spouse of the claimant, (iii) does not

 

 

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1file a separate claim under this Act for the same period, and
2(iv) receives more than half of his or her total financial
3support for that claim year from the household. An Prior to
4July 1, 2012, an additional resident who meets qualifications
5may receive pharmaceutical assistance based on a claimant's
6application.
7(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
8    (320 ILCS 25/3.10)  (from Ch. 67 1/2, par. 403.10)
9    Sec. 3.10. Regulations. "Regulations" includes both rules
10promulgated and forms prescribed by the applicable Department.
11In this Act, references to the rules of the Department on Aging
12or the Department of Healthcare and Family Services, in effect
13prior to July 1, 2012, shall be deemed to include, in
14appropriate cases, the corresponding rules adopted by the
15Department of Revenue, to the extent that those rules continue
16in force under Executive Order No. 3 of 2004.
17(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
18    (320 ILCS 25/4)  (from Ch. 67 1/2, par. 404)
19    Sec. 4. Amount of Grant.
20    (a) In general. Any individual 65 years or older or any
21individual who will become 65 years old during the calendar
22year in which a claim is filed, and any surviving spouse of
23such a claimant, who at the time of death received or was
24entitled to receive a grant pursuant to this Section, which

 

 

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1surviving spouse will become 65 years of age within the 24
2months immediately following the death of such claimant and
3which surviving spouse but for his or her age is otherwise
4qualified to receive a grant pursuant to this Section, and any
5disabled person whose annual household income is less than the
6income eligibility limitation, as defined in subsection (a-5)
7and whose household is liable for payment of property taxes
8accrued or has paid rent constituting property taxes accrued
9and is domiciled in this State at the time he or she files his
10or her claim is entitled to claim a grant under this Act. With
11respect to claims filed by individuals who will become 65 years
12old during the calendar year in which a claim is filed, the
13amount of any grant to which that household is entitled shall
14be an amount equal to 1/12 of the amount to which the claimant
15would otherwise be entitled as provided in this Section,
16multiplied by the number of months in which the claimant was 65
17in the calendar year in which the claim is filed.
18    (a-5) Income eligibility limitation. For purposes of this
19Section, "income eligibility limitation" means an amount for
20grant years 2008 and thereafter:
21        (1) less than $22,218 for a household containing one
22    person;
23        (2) less than $29,480 for a household containing 2
24    persons; or
25        (3) less than $36,740 for a household containing 3 or
26    more persons.

 

 

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1    For 2009 claim year applications submitted during calendar
2year 2010, a household must have annual household income of
3less than $27,610 for a household containing one person; less
4than $36,635 for a household containing 2 persons; or less than
5$45,657 for a household containing 3 or more persons.
6    The Department on Aging may adopt rules such that on
7January 1, 2011, and thereafter, the foregoing household income
8eligibility limits may be changed to reflect the annual cost of
9living adjustment in Social Security and Supplemental Security
10Income benefits that are applicable to the year for which those
11benefits are being reported as income on an application.
12    If a person files as a surviving spouse, then only his or
13her income shall be counted in determining his or her household
14income.
15    (b) Limitation. Except as otherwise provided in
16subsections (a) and (f) of this Section, the maximum amount of
17grant which a claimant is entitled to claim is the amount by
18which the property taxes accrued which were paid or payable
19during the last preceding tax year or rent constituting
20property taxes accrued upon the claimant's residence for the
21last preceding taxable year exceeds 3 1/2% of the claimant's
22household income for that year but in no event is the grant to
23exceed (i) $700 less 4.5% of household income for that year for
24those with a household income of $14,000 or less or (ii) $70 if
25household income for that year is more than $14,000.
26    (c) Public aid recipients. If household income in one or

 

 

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1more months during a year includes cash assistance in excess of
2$55 per month from the Department of Healthcare and Family
3Services or the Department of Human Services (acting as
4successor to the Department of Public Aid under the Department
5of Human Services Act) which was determined under regulations
6of that Department on a measure of need that included an
7allowance for actual rent or property taxes paid by the
8recipient of that assistance, the amount of grant to which that
9household is entitled, except as otherwise provided in
10subsection (a), shall be the product of (1) the maximum amount
11computed as specified in subsection (b) of this Section and (2)
12the ratio of the number of months in which household income did
13not include such cash assistance over $55 to the number twelve.
14If household income did not include such cash assistance over
15$55 for any months during the year, the amount of the grant to
16which the household is entitled shall be the maximum amount
17computed as specified in subsection (b) of this Section. For
18purposes of this paragraph (c), "cash assistance" does not
19include any amount received under the federal Supplemental
20Security Income (SSI) program.
21    (d) Joint ownership. If title to the residence is held
22jointly by the claimant with a person who is not a member of
23his or her household, the amount of property taxes accrued used
24in computing the amount of grant to which he or she is entitled
25shall be the same percentage of property taxes accrued as is
26the percentage of ownership held by the claimant in the

 

 

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1residence.
2    (e) More than one residence. If a claimant has occupied
3more than one residence in the taxable year, he or she may
4claim only one residence for any part of a month. In the case
5of property taxes accrued, he or she shall prorate 1/12 of the
6total property taxes accrued on his or her residence to each
7month that he or she owned and occupied that residence; and, in
8the case of rent constituting property taxes accrued, shall
9prorate each month's rent payments to the residence actually
10occupied during that month.
11    (f) (Blank).
12    (g) There Effective January 1, 2006, there is hereby
13established a program of pharmaceutical assistance to the aged
14and disabled, entitled the Illinois Seniors and Disabled Drug
15Coverage Program, which shall be administered by the Department
16of Healthcare and Family Services and the Department on Aging
17in accordance with this subsection, to consist of coverage of
18specified prescription drugs on behalf of beneficiaries of the
19program as set forth in this subsection. Notwithstanding any
20provisions of this Act to the contrary, on and after July 1,
212012, pharmaceutical assistance under this Act shall no longer
22be provided, and on July 1, 2012 the Illinois Senior Citizens
23and Disabled Persons Pharmaceutical Assistance Program shall
24terminate. The following provisions that concern the Illinois
25Senior Citizens and Disabled Persons Pharmaceutical Assistance
26Program shall continue to apply on and after July 1, 2012 to

 

 

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1the extent necessary to pursue any actions authorized by
2subsection (d) of Section 9 of this Act with respect to acts
3which took place prior to July 1, 2012.
4    To become a beneficiary under the program established under
5this subsection, a person must:
6        (1) be (i) 65 years of age or older or (ii) disabled;
7    and
8        (2) be domiciled in this State; and
9        (3) enroll with a qualified Medicare Part D
10    Prescription Drug Plan if eligible and apply for all
11    available subsidies under Medicare Part D; and
12        (4) for the 2006 and 2007 claim years, have a maximum
13    household income of (i) less than $21,218 for a household
14    containing one person, (ii) less than $28,480 for a
15    household containing 2 persons, or (iii) less than $35,740
16    for a household containing 3 or more persons; and
17        (5) for the 2008 claim year, have a maximum household
18    income of (i) less than $22,218 for a household containing
19    one person, (ii) $29,480 for a household containing 2
20    persons, or (iii) $36,740 for a household containing 3 or
21    more persons; and
22        (6) for 2009 claim year applications submitted during
23    calendar year 2010, have annual household income of less
24    than (i) $27,610 for a household containing one person;
25    (ii) less than $36,635 for a household containing 2
26    persons; or (iii) less than $45,657 for a household

 

 

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1    containing 3 or more persons; and
2        (4) (7) as of September 1, 2011, have a maximum
3    household income at or below 200% of the federal poverty
4    level.
5    All individuals enrolled as of December 31, 2005, in the
6pharmaceutical assistance program operated pursuant to
7subsection (f) of this Section and all individuals enrolled as
8of December 31, 2005, in the SeniorCare Medicaid waiver program
9operated pursuant to Section 5-5.12a of the Illinois Public Aid
10Code shall be automatically enrolled in the program established
11by this subsection for the first year of operation without the
12need for further application, except that they must apply for
13Medicare Part D and the Low Income Subsidy under Medicare Part
14D. A person enrolled in the pharmaceutical assistance program
15operated pursuant to subsection (f) of this Section as of
16December 31, 2005, shall not lose eligibility in future years
17due only to the fact that the person has they have not reached
18the age of 65.
19    To the extent permitted by federal law, the Department may
20act as an authorized representative of a beneficiary in order
21to enroll the beneficiary in a Medicare Part D Prescription
22Drug Plan if the beneficiary has failed to choose a plan and,
23where possible, to enroll beneficiaries in the low-income
24subsidy program under Medicare Part D or assist them in
25enrolling in that program.
26    Beneficiaries under the program established under this

 

 

HB2824- 109 -LRB098 09387 KTG 39528 b

1subsection shall be divided into the following 4 eligibility
2groups:
3        (A) Eligibility Group 1 shall consist of beneficiaries
4    who are not eligible for Medicare Part D coverage and who
5    are:
6            (i) disabled and under age 65; or
7            (ii) age 65 or older, with incomes over 200% of the
8        Federal Poverty Level; or
9            (iii) age 65 or older, with incomes at or below
10        200% of the Federal Poverty Level and not eligible for
11        federally funded means-tested benefits due to
12        immigration status.
13        (B) Eligibility Group 2 shall consist of beneficiaries
14    who are eligible for Medicare Part D coverage.
15        (C) Eligibility Group 3 shall consist of beneficiaries
16    age 65 or older, with incomes at or below 200% of the
17    Federal Poverty Level, who are not barred from receiving
18    federally funded means-tested benefits due to immigration
19    status and are not eligible for Medicare Part D coverage.
20        If the State applies and receives federal approval for
21    a waiver under Title XIX of the Social Security Act,
22    persons in Eligibility Group 3 shall continue to receive
23    benefits through the approved waiver, and Eligibility
24    Group 3 may be expanded to include disabled persons under
25    age 65 with incomes under 200% of the Federal Poverty Level
26    who are not eligible for Medicare and who are not barred

 

 

HB2824- 110 -LRB098 09387 KTG 39528 b

1    from receiving federally funded means-tested benefits due
2    to immigration status.
3        (D) Eligibility Group 4 shall consist of beneficiaries
4    who are otherwise described in Eligibility Group 2 who have
5    a diagnosis of HIV or AIDS.
6    The program established under this subsection shall cover
7the cost of covered prescription drugs in excess of the
8beneficiary cost-sharing amounts set forth in this paragraph
9that are not covered by Medicare. The Department of Healthcare
10and Family Services may establish by emergency rule changes in
11cost-sharing necessary to conform the cost of the program to
12the amounts appropriated for State fiscal year 2012 and future
13fiscal years except that the 24-month limitation on the
14adoption of emergency rules and the provisions of Sections
155-115 and 5-125 of the Illinois Administrative Procedure Act
16shall not apply to rules adopted under this subsection (g). The
17adoption of emergency rules authorized by this subsection (g)
18shall be deemed to be necessary for the public interest,
19safety, and welfare.
20    For purposes of the program established under this
21subsection, the term "covered prescription drug" has the
22following meanings:
23        For Eligibility Group 1, "covered prescription drug"
24    means: (1) any cardiovascular agent or drug; (2) any
25    insulin or other prescription drug used in the treatment of
26    diabetes, including syringe and needles used to administer

 

 

HB2824- 111 -LRB098 09387 KTG 39528 b

1    the insulin; (3) any prescription drug used in the
2    treatment of arthritis; (4) any prescription drug used in
3    the treatment of cancer; (5) any prescription drug used in
4    the treatment of Alzheimer's disease; (6) any prescription
5    drug used in the treatment of Parkinson's disease; (7) any
6    prescription drug used in the treatment of glaucoma; (8)
7    any prescription drug used in the treatment of lung disease
8    and smoking-related illnesses; (9) any prescription drug
9    used in the treatment of osteoporosis; and (10) any
10    prescription drug used in the treatment of multiple
11    sclerosis. The Department may add additional therapeutic
12    classes by rule. The Department may adopt a preferred drug
13    list within any of the classes of drugs described in items
14    (1) through (10) of this paragraph. The specific drugs or
15    therapeutic classes of covered prescription drugs shall be
16    indicated by rule.
17        For Eligibility Group 2, "covered prescription drug"
18    means those drugs covered by the Medicare Part D
19    Prescription Drug Plan in which the beneficiary is
20    enrolled.
21        For Eligibility Group 3, "covered prescription drug"
22    means those drugs covered by the Medical Assistance Program
23    under Article V of the Illinois Public Aid Code.
24        For Eligibility Group 4, "covered prescription drug"
25    means those drugs covered by the Medicare Part D
26    Prescription Drug Plan in which the beneficiary is

 

 

HB2824- 112 -LRB098 09387 KTG 39528 b

1    enrolled.
2    Any person otherwise eligible for pharmaceutical
3assistance under this subsection whose covered drugs are
4covered by any public program is ineligible for assistance
5under this subsection to the extent that the cost of those
6drugs is covered by the other program.
7    The Department of Healthcare and Family Services shall
8establish by rule the methods by which it will provide for the
9coverage called for in this subsection. Those methods may
10include direct reimbursement to pharmacies or the payment of a
11capitated amount to Medicare Part D Prescription Drug Plans.
12    For a pharmacy to be reimbursed under the program
13established under this subsection, it must comply with rules
14adopted by the Department of Healthcare and Family Services
15regarding coordination of benefits with Medicare Part D
16Prescription Drug Plans. A pharmacy may not charge a
17Medicare-enrolled beneficiary of the program established under
18this subsection more for a covered prescription drug than the
19appropriate Medicare cost-sharing less any payment from or on
20behalf of the Department of Healthcare and Family Services.
21    The Department of Healthcare and Family Services or the
22Department on Aging, as appropriate, may adopt rules regarding
23applications, counting of income, proof of Medicare status,
24mandatory generic policies, and pharmacy reimbursement rates
25and any other rules necessary for the cost-efficient operation
26of the program established under this subsection.

 

 

HB2824- 113 -LRB098 09387 KTG 39528 b

1    (h) A qualified individual is not entitled to duplicate
2benefits in a coverage period as a result of the changes made
3by this amendatory Act of the 96th General Assembly.
4(Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333,
5eff. 8-12-11; 97-689, eff. 6-14-12.)
 
6    (320 ILCS 25/4.05)
7    Sec. 4.05. Application.
8    (a) The Department on Aging shall establish the content,
9required eligibility and identification information, use of
10social security numbers, and manner of applying for benefits in
11a simplified format under this Act, including claims filed for
12new or renewed prescription drug benefits.
13    (b) An application may be filed on paper or over the
14Internet to enable persons to apply separately or for both a
15property tax relief grant and pharmaceutical assistance on the
16same application. An application may also enable persons to
17apply for other State or federal programs that provide medical
18or pharmaceutical assistance or other benefits, as determined
19by the Department on Aging in conjunction with the Department
20of Healthcare and Family Services.
21    (c) Applications must be filed during the time period
22prescribed by the Department.
23(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
24    (320 ILCS 25/5)  (from Ch. 67 1/2, par. 405)

 

 

HB2824- 114 -LRB098 09387 KTG 39528 b

1    Sec. 5. Procedure.
2    (a) In general. Claims must be filed after January 1, on
3forms prescribed by the Department. No claim may be filed more
4than one year after December 31 of the year for which the claim
5is filed.
6    (b) Claim is Personal. The right to file a claim under this
7Act shall be personal to the claimant and shall not survive his
8death, but such right may be exercised on behalf of a claimant
9by his legal guardian or attorney-in-fact. If a claimant dies
10after having filed a timely claim, the amount thereof shall be
11disbursed to his surviving spouse or, if no spouse survives, to
12his surviving dependent minor children in equal parts, provided
13the spouse or child, as the case may be, resided with the
14claimant at the time he filed his claim. If at the time of
15disbursement neither the claimant nor his spouse is surviving,
16and no dependent minor children of the claimant are surviving
17the amount of the claim shall escheat to the State.
18    (c) One claim per household. Only one member of a household
19may file a claim under this Act in any calendar year; where
20both members of a household are otherwise entitled to claim a
21grant under this Act, they must agree as to which of them will
22file a claim for that year.
23    (d) (Blank).
24    (e) Pharmaceutical Assistance Procedures. The Prior to
25July 1, 2012, the Department of Healthcare and Family Services
26shall determine eligibility for pharmaceutical assistance

 

 

HB2824- 115 -LRB098 09387 KTG 39528 b

1using the applicant's current income. The Department shall
2determine a person's current income in the manner provided by
3the Department by rule.
4    (f) A person may not under any circumstances charge a fee
5to a claimant under this Act for assistance in completing an
6application form for a property tax relief grant or
7pharmaceutical assistance under this Act.
8(Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10;
996-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
 
10    (320 ILCS 25/6)  (from Ch. 67 1/2, par. 406)
11    Sec. 6. Administration.
12    (a) In general. Upon receipt of a timely filed claim, the
13Department shall determine whether the claimant is a person
14entitled to a grant under this Act and the amount of grant to
15which he is entitled under this Act. The Department may require
16the claimant to furnish reasonable proof of the statements of
17domicile, household income, rent paid, property taxes accrued
18and other matters on which entitlement is based, and may
19withhold payment of a grant until such additional proof is
20furnished.
21    (b) Rental determination. If the Department finds that the
22gross rent used in the computation by a claimant of rent
23constituting property taxes accrued exceeds the fair rental
24value for the right to occupy that residence, the Department
25may determine the fair rental value for that residence and

 

 

HB2824- 116 -LRB098 09387 KTG 39528 b

1recompute rent constituting property taxes accrued
2accordingly.
3    (c) Fraudulent claims. The Department shall deny claims
4which have been fraudulently prepared or when it finds that the
5claimant has acquired title to his residence or has paid rent
6for his residence primarily for the purpose of receiving a
7grant under this Act.
8    (d) (Blank).
9    (e) Pharmaceutical Assistance. The Department shall allow
10all pharmacies licensed under the Pharmacy Practice Act to
11participate as authorized pharmacies unless they have been
12removed from that status for cause pursuant to the terms of
13this Section. The Director of the Department may enter into a
14written contract with any State agency, instrumentality or
15political subdivision, or a fiscal intermediary for the purpose
16of making payments to authorized pharmacies for covered
17prescription drugs and coordinating the program of
18pharmaceutical assistance established by this Act with other
19programs that provide payment for covered prescription drugs.
20Such agreement shall establish procedures for properly
21contracting for pharmacy services, validating reimbursement
22claims, validating compliance of dispensing pharmacists with
23the contracts for participation required under this Section,
24validating the reasonable costs of covered prescription drugs,
25and otherwise providing for the effective administration of
26this Act.

 

 

HB2824- 117 -LRB098 09387 KTG 39528 b

1    The Department shall promulgate rules and regulations to
2implement and administer the program of pharmaceutical
3assistance required by this Act, which shall include the
4following:
5        (1) Execution of contracts with pharmacies to dispense
6    covered prescription drugs. Such contracts shall stipulate
7    terms and conditions for authorized pharmacies'
8    participation and the rights of the State to terminate such
9    participation for breach of such contract or for violation
10    of this Act or related rules and regulations of the
11    Department.
12        (2) Establishment of maximum limits on the size of
13    prescriptions, new or refilled, which shall be in amounts
14    sufficient for 34 days, except as otherwise specified by
15    rule for medical or utilization control reasons.
16        (3) Establishment of liens upon any and all causes of
17    action which accrue to a beneficiary as a result of
18    injuries for which covered prescription drugs are directly
19    or indirectly required and for which the Director made
20    payment or became liable under this Act.
21        (4) Charge or collection of payments from third parties
22    or private plans of assistance, or from other programs of
23    public assistance for any claim that is properly chargeable
24    under the assignment of benefits executed by beneficiaries
25    as a requirement of eligibility for the pharmaceutical
26    assistance identification card under this Act.

 

 

HB2824- 118 -LRB098 09387 KTG 39528 b

1        (4.5) Provision for automatic enrollment of
2    beneficiaries into a Medicare Discount Card program
3    authorized under the federal Medicare Modernization Act of
4    2003 (P.L. 108-391) to coordinate coverage including
5    Medicare Transitional Assistance.
6        (5) Inspection of appropriate records and audit of
7    participating authorized pharmacies to ensure contract
8    compliance, and to determine any fraudulent transactions
9    or practices under this Act.
10        (6) Payment to pharmacies under this Act in accordance
11    with the State Prompt Payment Act.
12    The Department shall annually report to the Governor and
13the General Assembly by March 1st of each year on the
14administration of pharmaceutical assistance under this Act.
15(Source: P.A. 96-328, eff. 8-11-09; 97-333, eff. 8-12-11;
1697-689, eff. 6-14-12.)
 
17    (320 ILCS 25/7)  (from Ch. 67 1/2, par. 407)
18    Sec. 7. Payment and denial of claims.
19    (a) In general. The Director shall order the payment from
20appropriations made for that purpose of grants to claimants
21under this Act in the amounts to which the Department has
22determined they are entitled, respectively. If a claim is
23denied, the Director shall cause written notice of that denial
24and the reasons for that denial to be sent to the claimant.
25    (b) Payment of claims one dollar and under. Where the

 

 

HB2824- 119 -LRB098 09387 KTG 39528 b

1amount of the grant computed under Section 4 is less than one
2dollar, the Department shall pay to the claimant one dollar.
3    (c) Right to appeal. Any person aggrieved by an action or
4determination of the Department on Aging arising under any of
5its powers or duties under this Act may request in writing that
6the Department on Aging reconsider its action or determination,
7setting out the facts upon which the request is based. The
8Department on Aging shall consider the request and either
9modify or affirm its prior action or determination. The
10Department on Aging may adopt, by rule, procedures for
11conducting its review under this Section.
12    Any person aggrieved by an action or determination of the
13Department of Healthcare and Family Services arising under any
14of its powers or duties under this Act may request in writing
15that the Department of Healthcare and Family Services
16reconsider its action or determination, setting out the facts
17upon which the request is based. The Department of Healthcare
18and Family Services shall consider the request and either
19modify or affirm its prior action or determination. The
20Department of Healthcare and Family Services may adopt, by
21rule, procedures for conducting its review under this Section.
22    (d) (Blank).
23(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
24    (320 ILCS 25/8)  (from Ch. 67 1/2, par. 408)
25    Sec. 8. Records. Every claimant of a grant under this Act

 

 

HB2824- 120 -LRB098 09387 KTG 39528 b

1and, prior to July 1, 2012, every applicant for pharmaceutical
2assistance under this Act shall keep such records, render such
3statements, file such forms and comply with such rules and
4regulations as the Department on Aging may from time to time
5prescribe. The Department on Aging may by regulations require
6landlords to furnish to tenants statements as to gross rent or
7rent constituting property taxes accrued.
8(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
9    (320 ILCS 25/9)  (from Ch. 67 1/2, par. 409)
10    Sec. 9. Fraud; error.
11    (a) Any person who files a fraudulent claim for a grant
12under this Act, or who for compensation prepares a claim for a
13grant and knowingly enters false information on an application
14for any claimant under this Act, or who fraudulently files
15multiple applications, or who fraudulently states that a
16nondisabled person is disabled, or who, prior to July 1, 2012,
17fraudulently procures pharmaceutical assistance benefits, or
18who fraudulently uses such assistance to procure covered
19prescription drugs, or who, on behalf of an authorized
20pharmacy, files a fraudulent request for payment, is guilty of
21a Class 4 felony for the first offense and is guilty of a Class
223 felony for each subsequent offense.
23    (b) (Blank).
24    (b-5) The Department on Aging and the Department of
25Healthcare and Family Services shall immediately suspend the

 

 

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1pharmaceutical assistance benefits of any person suspected of
2fraudulent procurement or fraudulent use of such assistance,
3and shall revoke such assistance upon a conviction. A person
4convicted of fraud under subsection (a) shall be permanently
5barred from all of the programs established under this Act.
6    (c) The Department on Aging may recover from a claimant any
7amount paid to that claimant under this Act on account of an
8erroneous or fraudulent claim, together with 6% interest per
9year. Amounts recoverable from a claimant by the Department on
10Aging under this Act may, but need not, be recovered by
11offsetting the amount owed against any future grant payable to
12the person under this Act.
13    The Department of Healthcare and Family Services may
14recover for acts prior to July 1, 2012 from an authorized
15pharmacy any amount paid to that pharmacy under the
16pharmaceutical assistance program on account of an erroneous or
17fraudulent request for payment under that program, together
18with 6% interest per year. The Department of Healthcare and
19Family Services may recover from a person who erroneously or
20fraudulently obtains benefits under the pharmaceutical
21assistance program the value of the benefits so obtained,
22together with 6% interest per year.
23    (d) A prosecution for a violation of this Section may be
24commenced at any time within 3 years of the commission of that
25violation.
26(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 

 

 

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1    (320 ILCS 25/12)  (from Ch. 67 1/2, par. 412)
2    Sec. 12. Regulations - Department on Aging.
3    (a) Regulations. Notwithstanding any other provision to
4the contrary, the Department on Aging may adopt rules regarding
5applications, proof of eligibility, required identification
6information, use of social security numbers, counting of
7income, and a method of computing "gross rent" in the case of a
8claimant living in a nursing or sheltered care home, and any
9other rules necessary for the cost-efficient operation of the
10program established under Section 4.
11    (b) The Department on Aging shall, to the extent of
12appropriations made for that purpose:
13        (1) attempt to secure the cooperation of appropriate
14    federal, State and local agencies in securing the names and
15    addresses of persons to whom this Act pertains;
16        (2) prepare a mailing list of persons eligible for
17    grants under this Act;
18        (3) secure the cooperation of the Department of
19    Revenue, the Department of Healthcare and Family Services,
20    other State agencies, and local business establishments to
21    facilitate distribution of applications under this Act to
22    those eligible to file claims; and
23        (4) through use of direct mail, newspaper
24    advertisements and radio and television advertisements,
25    and all other appropriate means of communication, conduct

 

 

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1    an on-going public relations program to increase awareness
2    of eligible citizens of the benefits under this Act and the
3    procedures for applying for them.
4(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
5    (320 ILCS 25/13)  (from Ch. 67 1/2, par. 413)
6    Sec. 13. List of persons who have qualified. The Department
7on Aging shall maintain a list of all persons who have
8qualified under this Act and shall make the list available to
9the Department of Healthcare and Family Services, the
10Department of Public Health, the Secretary of State,
11municipalities, and public transit authorities upon request.
12    All information received by a State agency, municipality,
13or public transit authority under this Section shall be
14confidential, except for official purposes, and any person who
15divulges or uses that information in any manner, except in
16accordance with a proper judicial order, shall be guilty of a
17Class B misdemeanor.
18(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
19    Section 45. The Senior Citizens Real Estate Tax Deferral
20Act is amended by changing Sections 2 and 8 as follows:
 
21    (320 ILCS 30/2)  (from Ch. 67 1/2, par. 452)
22    Sec. 2. Definitions. As used in this Act:
23    (a) "Taxpayer" means an individual whose household income

 

 

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1for the year is no greater than: (i) $40,000 through tax year
22005; (ii) $50,000 for tax years 2006 through 2011; and (iii)
3$55,000 for tax year 2012 and thereafter.
4    (b) "Tax deferred property" means the property upon which
5real estate taxes are deferred under this Act.
6    (c) "Homestead" means the land and buildings thereon,
7including a condominium or a dwelling unit in a multidwelling
8building that is owned and operated as a cooperative, occupied
9by the taxpayer as his residence or which are temporarily
10unoccupied by the taxpayer because such taxpayer is temporarily
11residing, for not more than 1 year, in a licensed facility as
12defined in Section 1-113 of the Nursing Home Care Act.
13    (d) "Real estate taxes" or "taxes" means the taxes on real
14property for which the taxpayer would be liable under the
15Property Tax Code, including special service area taxes, and
16special assessments on benefited real property for which the
17taxpayer would be liable to a unit of local government.
18    (e) "Department" means the Department of Revenue.
19    (f) "Qualifying property" means a homestead which (a) the
20taxpayer or the taxpayer and his spouse own in fee simple or
21are purchasing in fee simple under a recorded instrument of
22sale, (b) is not income-producing property, (c) is not subject
23to a lien for unpaid real estate taxes when a claim under this
24Act is filed, and (d) is not held in trust, other than an
25Illinois land trust with the taxpayer identified as the sole
26beneficiary, if the taxpayer is filing for the program for the

 

 

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1first time effective as of the January 1, 2011 assessment year
2or tax year 2012 and thereafter.
3    (g) "Equity interest" means the current assessed valuation
4of the qualified property times the fraction necessary to
5convert that figure to full market value minus any outstanding
6debts or liens on that property. In the case of qualifying
7property not having a separate assessed valuation, the
8appraised value as determined by a qualified real estate
9appraiser shall be used instead of the current assessed
10valuation.
11    (h) "Household income" has the meaning ascribed to that
12term in the Senior Citizens and Disabled Persons Property Tax
13Relief and Pharmaceutical Assistance Act.
14    (i) "Collector" means the county collector or, if the taxes
15to be deferred are special assessments, an official designated
16by a unit of local government to collect special assessments.
17(Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
 
18    (320 ILCS 30/8)  (from Ch. 67 1/2, par. 458)
19    Sec. 8. Nothing in this Act (a) affects any provision of
20any mortgage or other instrument relating to land requiring a
21person to pay real estate taxes or (b) affects the eligibility
22of any person to receive any grant pursuant to the "Senior
23Citizens and Disabled Persons Property Tax Relief and
24Pharmaceutical Assistance Act".
25(Source: P.A. 97-689, eff. 6-14-12.)
 

 

 

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1    Section 49. Senior Pharmaceutical Assistance Act is
2amended by changing Section 5
 
3    (320 ILCS 50/5)
4    Sec. 5. Findings. The General Assembly finds:
5    (1) Senior citizens identify pharmaceutical assistance as
6the single most critical factor to their health, well-being,
7and continued independence.
8    (2) The State of Illinois currently operates 2
9pharmaceutical assistance programs that benefit seniors: (i)
10the program of pharmaceutical assistance under the Senior
11Citizens and Disabled Persons Property Tax Relief and
12Pharmaceutical Assistance Act and (ii) the Aid to the Aged,
13Blind, or Disabled program under the Illinois Public Aid Code.
14The State has been given authority to establish a third
15program, SeniorRx Care, through a federal Medicaid waiver.
16    (3) Each year, numerous pieces of legislation are filed
17seeking to establish additional pharmaceutical assistance
18benefits for seniors or to make changes to the existing
19programs.
20    (4) Establishment of a pharmaceutical assistance review
21committee will ensure proper coordination of benefits,
22diminish the likelihood of duplicative benefits, and ensure
23that the best interests of seniors are served.
24    (5) In addition to the State pharmaceutical assistance

 

 

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1programs, several private entities, such as drug manufacturers
2and pharmacies, also offer prescription drug discount or
3coverage programs.
4    (6) Many seniors are unaware of the myriad of public and
5private programs available to them.
6    (7) Establishing a pharmaceutical clearinghouse with a
7toll-free hot-line and local outreach workers will educate
8seniors about the vast array of options available to them and
9enable seniors to make an educated and informed choice that is
10best for them.
11    (8) Estimates indicate that almost one-third of senior
12citizens lack prescription drug coverage. The federal
13government, states, and the pharmaceutical industry each have a
14role in helping these uninsured seniors gain access to
15life-saving medications.
16    (9) The State of Illinois has recognized its obligation to
17assist Illinois' neediest seniors in purchasing prescription
18medications, and it is now time for pharmaceutical
19manufacturers to recognize their obligation to make their
20medications affordable to seniors.
21(Source: P.A. 97-689, eff. 6-14-12.)
 
22    Section 50. The Illinois Vehicle Code is amended by
23changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3,
24and 11-1301.2 as follows:
 

 

 

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1    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
2    Sec. 3-609. Disabled Veterans' Plates.
3    (a) Any veteran who holds proof of a service-connected
4disability from the United States Department of Veterans
5Affairs, and who has obtained certification from a licensed
6physician, physician assistant, or advanced practice nurse
7that the service-connected disability qualifies the veteran
8for issuance of registration plates or decals to a person with
9disabilities in accordance with Section 3-616, may, without the
10payment of any registration fee, make application to the
11Secretary of State for disabled veterans license plates
12displaying the international symbol of access, for the
13registration of one motor vehicle of the first division or one
14motor vehicle of the second division weighing not more than
158,000 pounds.
16    (b) Any veteran who holds proof of a service-connected
17disability from the United States Department of Veterans
18Affairs, and whose degree of disability has been declared to be
1950% or more, but whose disability does not qualify the veteran
20for a plate or decal for persons with disabilities under
21Section 3-616, may, without the payment of any registration
22fee, make application to the Secretary for a special
23registration plate without the international symbol of access
24for the registration of one motor vehicle of the first division
25or one motor vehicle of the second division weighing not more
26than 8,000 pounds.

 

 

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1    (c) Renewal of such registration must be accompanied with
2documentation for eligibility of registration without fee
3unless the applicant has a permanent qualifying disability, and
4such registration plates may not be issued to any person not
5eligible therefor. The Illinois Department of Veterans'
6Affairs may assist in providing the documentation of
7disability.
8    (d) The design and color of the plates shall be within the
9discretion of the Secretary, except that the plates issued
10under subsection (b) of this Section shall not contain the
11international symbol of access. The Secretary may, in his or
12her discretion, allow the plates to be issued as vanity or
13personalized plates in accordance with Section 3-405.1 of this
14Code. Registration shall be for a multi-year period and may be
15issued staggered registration.
16    (e) Any person eligible to receive license plates under
17this Section who has been approved for benefits under the
18Senior Citizens and Disabled Persons Property Tax Relief and
19Pharmaceutical Assistance Act, or who has claimed and received
20a grant under that Act, shall pay a fee of $24 instead of the
21fee otherwise provided in this Code for passenger cars
22displaying standard multi-year registration plates issued
23under Section 3-414.1, for motor vehicles registered at 8,000
24pounds or less under Section 3-815(a), or for recreational
25vehicles registered at 8,000 pounds or less under Section
263-815(b), for a second set of plates under this Section.

 

 

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1(Source: P.A. 96-79, eff. 1-1-10; 97-689, eff. 6-14-12; 97-918,
2eff. 1-1-13; revised 8-23-12.)
 
3    (625 ILCS 5/3-623)  (from Ch. 95 1/2, par. 3-623)
4    Sec. 3-623. Purple Heart Plates. The Secretary, upon
5receipt of an application made in the form prescribed by the
6Secretary of State, may issue to recipients awarded the Purple
7Heart by a branch of the armed forces of the United States who
8reside in Illinois, special registration plates. The
9Secretary, upon receipt of the proper application, may also
10issue these special registration plates to an Illinois resident
11who is the surviving spouse of a person who was awarded the
12Purple Heart by a branch of the armed forces of the United
13States. The special plates issued pursuant to this Section
14should be affixed only to passenger vehicles of the 1st
15division, including motorcycles, or motor vehicles of the 2nd
16division weighing not more than 8,000 pounds. The Secretary
17may, in his or her discretion, allow the plates to be issued as
18vanity or personalized plates in accordance with Section
193-405.1 of this Code. The Secretary of State must make a
20version of the special registration plates authorized under
21this Section in a form appropriate for motorcycles.
22    The design and color of such plates shall be wholly within
23the discretion of the Secretary of State. Appropriate
24documentation, as determined by the Secretary, and the
25appropriate registration fee shall accompany the application.

 

 

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1However, for an individual who has been issued Purple Heart
2plates for a vehicle and who has been approved for benefits
3under the Senior Citizens and Disabled Persons Property Tax
4Relief and Pharmaceutical Assistance Act, the annual fee for
5the registration of the vehicle shall be as provided in Section
63-806.3 of this Code.
7(Source: P.A. 96-1101, eff. 1-1-11; 97-689, eff. 6-14-12.)
 
8    (625 ILCS 5/3-626)
9    Sec. 3-626. Korean War Veteran 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 War
14Veteran license plates to residents of Illinois who
15participated in the United States Armed Forces during the
16Korean War. The special plate issued under this Section shall
17be affixed 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 plates or personalized 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) (Blank).
9    (d) The Korean War Memorial Construction Fund is created as
10a special fund in the State treasury. All moneys in the Korean
11War Memorial Construction Fund shall, subject to
12appropriation, be used by the Department of Veteran Affairs to
13provide grants for construction of the Korean War Memorial to
14be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
15the completion of the Memorial, the Department of Veteran
16Affairs shall certify to the State Treasurer that the
17construction of the Memorial has been completed. Upon the
18certification by the Department of Veteran Affairs, the State
19Treasurer shall transfer all moneys in the Fund and any future
20deposits into the Fund into the Secretary of State Special
21License Plate Fund.
22    (e) An individual who has been issued Korean War Veteran
23license plates for a vehicle and who has been approved for
24benefits under the Senior Citizens and Disabled Persons
25Property Tax Relief and Pharmaceutical Assistance Act shall pay
26the original issuance and the regular annual fee for the

 

 

HB2824- 133 -LRB098 09387 KTG 39528 b

1registration of the vehicle as provided in Section 3-806.3 of
2this Code in addition to the fees specified in subsection (c)
3of this Section.
4(Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
 
5    (625 ILCS 5/3-667)
6    Sec. 3-667. Korean Service license plates.
7    (a) In addition to any other special license plate, the
8Secretary, upon receipt of all applicable fees and applications
9made in the form prescribed by the Secretary of State, may
10issue special registration plates designated as Korean Service
11license plates to residents of Illinois who, on or after July
1227, 1954, participated in the United States Armed Forces in
13Korea. The special plate issued under this Section shall be
14affixed only to passenger vehicles of the first division,
15motorcycles, motor vehicles of the second division weighing not
16more than 8,000 pounds, and recreational vehicles as defined by
17Section 1-169 of this Code. Plates issued under this Section
18shall expire according to the staggered multi-year procedure
19established by Section 3-414.1 of this Code.
20    (b) The design, color, and format of the plates shall be
21wholly within the discretion of the Secretary of State. The
22Secretary may, in his or her discretion, allow the plates to be
23issued as vanity or personalized plates in accordance with
24Section 3-405.1 of this Code. The plates are not required to
25designate "Land of Lincoln", as prescribed in subsection (b) of

 

 

HB2824- 134 -LRB098 09387 KTG 39528 b

1Section 3-412 of this Code. The Secretary shall prescribe the
2eligibility requirements and, in his or her discretion, shall
3approve and prescribe stickers or decals as provided under
4Section 3-412.
5    (c) An applicant shall be charged a $2 fee for original
6issuance in addition to the applicable registration fee. This
7additional fee shall be deposited into the Korean War Memorial
8Construction Fund a special fund in the State treasury.
9    (d) An individual who has been issued Korean Service
10license plates for a vehicle and who has been approved for
11benefits under the Senior Citizens and Disabled Persons
12Property Tax Relief and Pharmaceutical Assistance Act shall pay
13the original issuance and the regular annual fee for the
14registration of the vehicle as provided in Section 3-806.3 of
15this Code in addition to the fees specified in subsection (c)
16of this Section.
17(Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
 
18    (625 ILCS 5/3-683)
19    Sec. 3-683. Distinguished Service Cross license plates.
20The Secretary, upon receipt of an application made in the form
21prescribed by the Secretary of State, shall issue special
22registration plates to any Illinois resident who has been
23awarded the Distinguished Service Cross by a branch of the
24armed forces of the United States. The Secretary, upon receipt
25of the proper application, shall also issue these special

 

 

HB2824- 135 -LRB098 09387 KTG 39528 b

1registration plates to an Illinois resident who is the
2surviving spouse of a person who was awarded the Distinguished
3Service Cross by a branch of the armed forces of the United
4States. The special plates issued under this Section should be
5affixed only to passenger vehicles of the first division,
6including motorcycles, or motor vehicles of the second division
7weighing not more than 8,000 pounds.
8    The design and color of the plates shall be wholly within
9the discretion of the Secretary of State. Appropriate
10documentation, as determined by the Secretary, and the
11appropriate registration fee shall accompany the application.
12However, for an individual who has been issued Distinguished
13Service Cross plates for a vehicle and who has been approved
14for benefits under the Senior Citizens and Disabled Persons
15Property Tax Relief and Pharmaceutical Assistance Act, the
16annual fee for the registration of the vehicle shall be as
17provided in Section 3-806.3 of this Code.
18(Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
 
19    (625 ILCS 5/3-806.3)  (from Ch. 95 1/2, par. 3-806.3)
20    Sec. 3-806.3. Senior Citizens. Commencing with the 2009
21registration year, the registration fee paid by any vehicle
22owner who has been approved for benefits under the Senior
23Citizens and Disabled Persons Property Tax Relief and
24Pharmaceutical Assistance Act or who is the spouse of such a
25person shall be $24 instead of the fee otherwise provided in

 

 

HB2824- 136 -LRB098 09387 KTG 39528 b

1this Code for passenger cars displaying standard multi-year
2registration plates issued under Section 3-414.1, motor
3vehicles displaying special registration plates issued under
4Section 3-609, 3-616, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626,
53-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, or 3-663,
6motor vehicles registered at 8,000 pounds or less under Section
73-815(a), and recreational vehicles registered at 8,000 pounds
8or less under Section 3-815(b). Widows and widowers of
9claimants shall also be entitled to this reduced registration
10fee for the registration year in which the claimant was
11eligible.
12    Commencing with the 2009 registration year, the
13registration fee paid by any vehicle owner who has claimed and
14received a grant under the Senior Citizens and Disabled Persons
15Property Tax Relief and Pharmaceutical Assistance Act or who is
16the spouse of such a person shall be $24 instead of the fee
17otherwise provided in this Code for passenger cars displaying
18standard multi-year registration plates issued under Section
193-414.1, motor vehicles displaying special registration plates
20issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
213-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
223-651, 3-663, or 3-664, motor vehicles registered at 8,000
23pounds or less under Section 3-815(a), and recreational
24vehicles registered at 8,000 pounds or less under Section
253-815(b). Widows and widowers of claimants shall also be
26entitled to this reduced registration fee for the registration

 

 

HB2824- 137 -LRB098 09387 KTG 39528 b

1year in which the claimant was eligible.
2    No more than one reduced registration fee under this
3Section shall be allowed during any 12 month period based on
4the primary eligibility of any individual, whether such reduced
5registration fee is allowed to the individual or to the spouse,
6widow or widower of such individual. This Section does not
7apply to the fee paid in addition to the registration fee for
8motor vehicles displaying vanity or special license plates.
9(Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
 
10    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
11    Sec. 11-1301.2. Special decals for parking; persons with
12disabilities.
13    (a) The Secretary of State shall provide for, by
14administrative rules, the design, size, color, and placement of
15a person with disabilities motorist decal or device and shall
16provide for, by administrative rules, the content and form of
17an application for a person with disabilities motorist decal or
18device, which shall be used by local authorities in the
19issuance thereof to a person with temporary disabilities,
20provided that the decal or device is valid for no more than 90
21days, subject to renewal for like periods based upon continued
22disability, and further provided that the decal or device
23clearly sets forth the date that the decal or device expires.
24The application shall include the requirement of an Illinois
25Identification Card number or a State of Illinois driver's

 

 

HB2824- 138 -LRB098 09387 KTG 39528 b

1license number. This decal or device may be used by the
2authorized holder to designate and identify a vehicle not owned
3or displaying a registration plate as provided in Sections
43-609 and 3-616 of this Act to designate when the vehicle is
5being used to transport said person or persons with
6disabilities, and thus is entitled to enjoy all the privileges
7that would be afforded a person with disabilities licensed
8vehicle. Person with disabilities decals or devices issued and
9displayed pursuant to this Section shall be recognized and
10honored by all local authorities regardless of which local
11authority issued such decal or device.
12    The decal or device shall be issued only upon a showing by
13adequate documentation that the person for whose benefit the
14decal or device is to be used has a temporary disability as
15defined in Section 1-159.1 of this Code.
16    (b) The local governing authorities shall be responsible
17for the provision of such decal or device, its issuance and
18designated placement within the vehicle. The cost of such decal
19or device shall be at the discretion of such local governing
20authority.
21    (c) The Secretary of State may, pursuant to Section
223-616(c), issue a person with disabilities parking decal or
23device to a person with disabilities as defined by Section
241-159.1. Any person with disabilities parking decal or device
25issued by the Secretary of State shall be registered to that
26person with disabilities in the form to be prescribed by the

 

 

HB2824- 139 -LRB098 09387 KTG 39528 b

1Secretary of State. The person with disabilities parking decal
2or device shall not display that person's address. One
3additional decal or device may be issued to an applicant upon
4his or her written request and with the approval of the
5Secretary of State. The written request must include a
6justification of the need for the additional decal or device.
7    (c-5) Beginning January 1, 2014, the Secretary shall
8provide by administrative rule for the issuance of a separate
9and distinct parking decal or device for persons with
10disabilities as defined by Section 1-159.1 of this Code. The
11authorized holder of a decal or device issued under this
12subsection (c-5) shall be exempt from the payment of fees
13generated by parking in a metered space, a parking area subject
14to paragraph (10) of subsection (a) of Section 11-209 of this
15Code, or a publicly owned parking structure or area.
16    The Secretary shall issue a meter-exempt decal or device to
17a person with disabilities who: (i) has been issued
18registration plates under Section 3-609 or 3-616 of this Code
19or a special decal or device under this Section, (ii) holds a
20valid Illinois driver's license, ; and (iii) is unable to do one
21or more of the following:
22        (1) manage, manipulate, or insert coins, or obtain
23    tickets or tokens in parking meters or ticket machines in
24    parking lots or parking structures, due to the lack of fine
25    motor control of both hands;
26        (2) reach above his or her head to a height of 42

 

 

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1    inches from the ground, due to a lack of finger, hand, or
2    upper extremity strength or mobility;
3        (3) approach a parking meter due to his or her use of a
4    wheelchair or other device for mobility; or
5        (4) walk more than 20 feet due to an orthopedic,
6    neurological, cardiovascular, or lung condition in which
7    the degree of debilitation is so severe that it almost
8    completely impedes the ability to walk.
9    The application for a meter-exempt parking decal or device
10shall contain a statement certified by a licensed physician,
11physician assistant, or advanced practice nurse attesting to
12the nature and estimated duration of the applicant's condition
13and verifying that the applicant meets the physical
14qualifications specified in this subsection (c-5).
15    Notwithstanding the requirements of this subsection (c-5),
16the Secretary shall issue a meter-exempt decal or device to a
17person who has been issued registration plates under Section
183-616 of this Code or a special decal or device under this
19Section, if the applicant is the parent or guardian of a person
20with disabilities who is under 18 years of age and incapable of
21driving.
22    (d) Replacement decals or devices may be issued for lost,
23stolen, or destroyed decals upon application and payment of a
24$10 fee. The replacement fee may be waived for individuals that
25have claimed and received a grant under the Senior Citizens and
26Disabled Persons Property Tax Relief and Pharmaceutical

 

 

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1Assistance Act.
2(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000,
3eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised
48-3-12.)
 
5    Section 55. The Criminal Code of 2012 is amended by
6changing Section 17-6.5 as follows:
 
7    (720 ILCS 5/17-6.5)
8    Sec. 17-6.5. Persons under deportation order;
9ineligibility for benefits.
10    (a) An individual against whom a United States Immigration
11Judge has issued an order of deportation which has been
12affirmed by the Board of Immigration Review, as well as an
13individual who appeals such an order pending appeal, under
14paragraph 19 of Section 241(a) of the Immigration and
15Nationality Act relating to persecution of others on account of
16race, religion, national origin or political opinion under the
17direction of or in association with the Nazi government of
18Germany or its allies, shall be ineligible for the following
19benefits authorized by State law:
20        (1) The homestead exemptions and homestead improvement
21    exemption under Sections 15-170, 15-175, 15-176, and
22    15-180 of the Property Tax Code.
23        (2) Grants under the Senior Citizens and Disabled
24    Persons Property Tax Relief and Pharmaceutical Assistance

 

 

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1    Act.
2        (3) The double income tax exemption conferred upon
3    persons 65 years of age or older by Section 204 of the
4    Illinois Income Tax Act.
5        (4) Grants provided by the Department on Aging.
6        (5) Reductions in vehicle registration fees under
7    Section 3-806.3 of the Illinois Vehicle Code.
8        (6) Free fishing and reduced fishing license fees under
9    Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
10        (7) Tuition free courses for senior citizens under the
11    Senior Citizen Courses Act.
12        (8) Any benefits under the Illinois Public Aid Code.
13    (b) If a person has been found by a court to have knowingly
14received benefits in violation of subsection (a) and:
15        (1) the total monetary value of the benefits received
16    is less than $150, the person is guilty of a Class A
17    misdemeanor; a second or subsequent violation is a Class 4
18    felony;
19        (2) the total monetary value of the benefits received
20    is $150 or more but less than $1,000, the person is guilty
21    of a Class 4 felony; a second or subsequent violation is a
22    Class 3 felony;
23        (3) the total monetary value of the benefits received
24    is $1,000 or more but less than $5,000, the person is
25    guilty of a Class 3 felony; a second or subsequent
26    violation is a Class 2 felony;

 

 

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1        (4) the total monetary value of the benefits received
2    is $5,000 or more but less than $10,000, the person is
3    guilty of a Class 2 felony; a second or subsequent
4    violation is a Class 1 felony; or
5        (5) the total monetary value of the benefits received
6    is $10,000 or more, the person is guilty of a Class 1
7    felony.
8    (c) For purposes of determining the classification of an
9offense under this Section, all of the monetary value of the
10benefits received as a result of the unlawful act, practice, or
11course of conduct may be accumulated.
12    (d) Any grants awarded to persons described in subsection
13(a) may be recovered by the State of Illinois in a civil action
14commenced by the Attorney General in the circuit court of
15Sangamon County or the State's Attorney of the county of
16residence of the person described in subsection (a).
17    (e) An individual described in subsection (a) who has been
18deported shall be restored to any benefits which that
19individual has been denied under State law pursuant to
20subsection (a) if (i) the Attorney General of the United States
21has issued an order cancelling deportation and has adjusted the
22status of the individual to that of an alien lawfully admitted
23for permanent residence in the United States or (ii) the
24country to which the individual has been deported adjudicates
25or exonerates the individual in a judicial or administrative
26proceeding as not being guilty of the persecution of others on

 

 

HB2824- 144 -LRB098 09387 KTG 39528 b

1account of race, religion, national origin, or political
2opinion under the direction of or in association with the Nazi
3government of Germany or its allies.
4(Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.

 

 

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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

 

 

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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 25/5from Ch. 67 1/2, par. 405
18    320 ILCS 25/6from Ch. 67 1/2, par. 406
19    320 ILCS 25/7from Ch. 67 1/2, par. 407
20    320 ILCS 25/8from Ch. 67 1/2, par. 408
21    320 ILCS 25/9from Ch. 67 1/2, par. 409
22    320 ILCS 25/12from Ch. 67 1/2, par. 412
23    320 ILCS 25/13from Ch. 67 1/2, par. 413
24    320 ILCS 30/2from Ch. 67 1/2, par. 452
25    320 ILCS 30/8from Ch. 67 1/2, par. 458
26    320 ILCS 50/5

 

 

HB2824- 147 -LRB098 09387 KTG 39528 b

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