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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2824 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning pharmaceutical assistance.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. The Illinois Administrative Procedure Act is |
5 | | amended by changing Section 5-45 as follows: |
6 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
7 | | Sec. 5-45. Emergency rulemaking. |
8 | | (a) "Emergency" means the existence of any situation that |
9 | | any agency
finds reasonably constitutes a threat to the public |
10 | | interest, safety, or
welfare. |
11 | | (b) If any agency finds that an
emergency exists that |
12 | | requires adoption of a rule upon fewer days than
is required by |
13 | | Section 5-40 and states in writing its reasons for that
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14 | | finding, the agency may adopt an emergency rule without prior |
15 | | notice or
hearing upon filing a notice of emergency rulemaking |
16 | | with the Secretary of
State under Section 5-70. The notice |
17 | | shall include the text of the
emergency rule and shall be |
18 | | published in the Illinois Register. Consent
orders or other |
19 | | court orders adopting settlements negotiated by an agency
may |
20 | | be adopted under this Section. Subject to applicable |
21 | | constitutional or
statutory provisions, an emergency rule |
22 | | becomes effective immediately upon
filing under Section 5-65 or |
23 | | at a stated date less than 10 days
thereafter. The agency's |
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1 | | finding and a statement of the specific reasons
for the finding |
2 | | shall be filed with the rule. The agency shall take
reasonable |
3 | | and appropriate measures to make emergency rules known to the
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4 | | persons who may be affected by them. |
5 | | (c) An emergency rule may be effective for a period of not |
6 | | longer than
150 days, but the agency's authority to adopt an |
7 | | identical rule under Section
5-40 is not precluded. No |
8 | | emergency rule may be adopted more
than once in any 24 month |
9 | | period, except that this limitation on the number
of emergency |
10 | | rules that may be adopted in a 24 month period does not apply
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11 | | to (i) emergency rules that make additions to and deletions |
12 | | from the Drug
Manual under Section 5-5.16 of the Illinois |
13 | | Public Aid Code or the
generic drug formulary under Section |
14 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
15 | | emergency rules adopted by the Pollution Control
Board before |
16 | | July 1, 1997 to implement portions of the Livestock Management
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17 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
18 | | Department of Public Health under subsections (a) through (i) |
19 | | of Section 2 of the Department of Public Health Act when |
20 | | necessary to protect the public's health, (iv) emergency rules |
21 | | adopted pursuant to subsection (n) of this Section, (v) |
22 | | emergency rules adopted pursuant to subsection (o) of this |
23 | | Section, or (vi) emergency rules adopted pursuant to subsection |
24 | | (c-5) of this Section. Two or more emergency rules having |
25 | | substantially the same
purpose and effect shall be deemed to be |
26 | | a single rule for purposes of this
Section. |
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1 | | (c-5) To facilitate the maintenance of the program of group |
2 | | health benefits provided to annuitants, survivors, and retired |
3 | | employees under the State Employees Group Insurance Act of |
4 | | 1971, rules to alter the contributions to be paid by the State, |
5 | | annuitants, survivors, retired employees, or any combination |
6 | | of those entities, for that program of group health benefits, |
7 | | shall be adopted as emergency rules. The adoption of those |
8 | | rules shall be considered an emergency and necessary for the |
9 | | public interest, safety, and welfare. |
10 | | (d) In order to provide for the expeditious and timely |
11 | | implementation
of the State's fiscal year 1999 budget, |
12 | | emergency rules to implement any
provision of Public Act 90-587 |
13 | | or 90-588
or any other budget initiative for fiscal year 1999 |
14 | | may be adopted in
accordance with this Section by the agency |
15 | | charged with administering that
provision or initiative, |
16 | | except that the 24-month limitation on the adoption
of |
17 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
18 | | do not apply
to rules adopted under this subsection (d). The |
19 | | adoption of emergency rules
authorized by this subsection (d) |
20 | | shall be deemed to be necessary for the
public interest, |
21 | | safety, and welfare. |
22 | | (e) In order to provide for the expeditious and timely |
23 | | implementation
of the State's fiscal year 2000 budget, |
24 | | emergency rules to implement any
provision of this amendatory |
25 | | Act of the 91st General Assembly
or any other budget initiative |
26 | | for fiscal year 2000 may be adopted in
accordance with this |
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1 | | Section by the agency charged with administering that
provision |
2 | | or initiative, except that the 24-month limitation on the |
3 | | adoption
of emergency rules and the provisions of Sections |
4 | | 5-115 and 5-125 do not apply
to rules adopted under this |
5 | | subsection (e). The adoption of emergency rules
authorized by |
6 | | this subsection (e) shall be deemed to be necessary for the
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7 | | public interest, safety, and welfare. |
8 | | (f) In order to provide for the expeditious and timely |
9 | | implementation
of the State's fiscal year 2001 budget, |
10 | | emergency rules to implement any
provision of this amendatory |
11 | | Act of the 91st General Assembly
or any other budget initiative |
12 | | for fiscal year 2001 may be adopted in
accordance with this |
13 | | Section by the agency charged with administering that
provision |
14 | | or initiative, except that the 24-month limitation on the |
15 | | adoption
of emergency rules and the provisions of Sections |
16 | | 5-115 and 5-125 do not apply
to rules adopted under this |
17 | | subsection (f). The adoption of emergency rules
authorized by |
18 | | this subsection (f) shall be deemed to be necessary for the
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19 | | public interest, safety, and welfare. |
20 | | (g) In order to provide for the expeditious and timely |
21 | | implementation
of the State's fiscal year 2002 budget, |
22 | | emergency rules to implement any
provision of this amendatory |
23 | | Act of the 92nd General Assembly
or any other budget initiative |
24 | | for fiscal year 2002 may be adopted in
accordance with this |
25 | | Section by the agency charged with administering that
provision |
26 | | or initiative, except that the 24-month limitation on the |
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1 | | adoption
of emergency rules and the provisions of Sections |
2 | | 5-115 and 5-125 do not apply
to rules adopted under this |
3 | | subsection (g). The adoption of emergency rules
authorized by |
4 | | this subsection (g) shall be deemed to be necessary for the
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5 | | public interest, safety, and welfare. |
6 | | (h) In order to provide for the expeditious and timely |
7 | | implementation
of the State's fiscal year 2003 budget, |
8 | | emergency rules to implement any
provision of this amendatory |
9 | | Act of the 92nd General Assembly
or any other budget initiative |
10 | | for fiscal year 2003 may be adopted in
accordance with this |
11 | | Section by the agency charged with administering that
provision |
12 | | or initiative, except that the 24-month limitation on the |
13 | | adoption
of emergency rules and the provisions of Sections |
14 | | 5-115 and 5-125 do not apply
to rules adopted under this |
15 | | subsection (h). The adoption of emergency rules
authorized by |
16 | | this subsection (h) shall be deemed to be necessary for the
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17 | | public interest, safety, and welfare. |
18 | | (i) In order to provide for the expeditious and timely |
19 | | implementation
of the State's fiscal year 2004 budget, |
20 | | emergency rules to implement any
provision of this amendatory |
21 | | Act of the 93rd General Assembly
or any other budget initiative |
22 | | for fiscal year 2004 may be adopted in
accordance with this |
23 | | Section by the agency charged with administering that
provision |
24 | | or initiative, except that the 24-month limitation on the |
25 | | adoption
of emergency rules and the provisions of Sections |
26 | | 5-115 and 5-125 do not apply
to rules adopted under this |
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1 | | subsection (i). The adoption of emergency rules
authorized by |
2 | | this subsection (i) shall be deemed to be necessary for the
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3 | | public interest, safety, and welfare. |
4 | | (j) In order to provide for the expeditious and timely |
5 | | implementation of the provisions of the State's fiscal year |
6 | | 2005 budget as provided under the Fiscal Year 2005 Budget |
7 | | Implementation (Human Services) Act, emergency rules to |
8 | | implement any provision of the Fiscal Year 2005 Budget |
9 | | Implementation (Human Services) Act may be adopted in |
10 | | accordance with this Section by the agency charged with |
11 | | administering that provision, except that the 24-month |
12 | | limitation on the adoption of emergency rules and the |
13 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
14 | | adopted under this subsection (j). The Department of Public Aid |
15 | | may also adopt rules under this subsection (j) necessary to |
16 | | administer the Illinois Public Aid Code and the Children's |
17 | | Health Insurance Program Act. The adoption of emergency rules |
18 | | authorized by this subsection (j) shall be deemed to be |
19 | | necessary for the public interest, safety, and welfare.
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20 | | (k) In order to provide for the expeditious and timely |
21 | | implementation of the provisions of the State's fiscal year |
22 | | 2006 budget, emergency rules to implement any provision of this |
23 | | amendatory Act of the 94th General Assembly or any other budget |
24 | | initiative for fiscal year 2006 may be adopted in accordance |
25 | | with this Section by the agency charged with administering that |
26 | | provision or initiative, except that the 24-month limitation on |
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1 | | the adoption of emergency rules and the provisions of Sections |
2 | | 5-115 and 5-125 do not apply to rules adopted under this |
3 | | subsection (k). The Department of Healthcare and Family |
4 | | Services may also adopt rules under this subsection (k) |
5 | | necessary to administer the Illinois Public Aid Code, the |
6 | | Senior Citizens and Disabled Persons Property Tax Relief and |
7 | | Pharmaceutical Assistance Act, the Senior Citizens and |
8 | | Disabled Persons Prescription Drug Discount Program Act (now |
9 | | the Illinois Prescription Drug Discount Program Act), and the |
10 | | Children's Health Insurance Program Act. The adoption of |
11 | | emergency rules authorized by this subsection (k) shall be |
12 | | deemed to be necessary for the public interest, safety, and |
13 | | welfare.
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14 | | (l) In order to provide for the expeditious and timely |
15 | | implementation of the provisions of the
State's fiscal year |
16 | | 2007 budget, the Department of Healthcare and Family Services |
17 | | may adopt emergency rules during fiscal year 2007, including |
18 | | rules effective July 1, 2007, in
accordance with this |
19 | | subsection to the extent necessary to administer the |
20 | | Department's responsibilities with respect to amendments to |
21 | | the State plans and Illinois waivers approved by the federal |
22 | | Centers for Medicare and Medicaid Services necessitated by the |
23 | | requirements of Title XIX and Title XXI of the federal Social |
24 | | Security Act. The adoption of emergency rules
authorized by |
25 | | this subsection (l) shall be deemed to be necessary for the |
26 | | public interest,
safety, and welfare.
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1 | | (m) In order to provide for the expeditious and timely |
2 | | implementation of the provisions of the
State's fiscal year |
3 | | 2008 budget, the Department of Healthcare and Family Services |
4 | | may adopt emergency rules during fiscal year 2008, including |
5 | | rules effective July 1, 2008, in
accordance with this |
6 | | subsection to the extent necessary to administer the |
7 | | Department's responsibilities with respect to amendments to |
8 | | the State plans and Illinois waivers approved by the federal |
9 | | Centers for Medicare and Medicaid Services necessitated by the |
10 | | requirements of Title XIX and Title XXI of the federal Social |
11 | | Security Act. The adoption of emergency rules
authorized by |
12 | | this subsection (m) shall be deemed to be necessary for the |
13 | | public interest,
safety, and welfare.
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14 | | (n) In order to provide for the expeditious and timely |
15 | | implementation of the provisions of the State's fiscal year |
16 | | 2010 budget, emergency rules to implement any provision of this |
17 | | amendatory Act of the 96th General Assembly or any other budget |
18 | | initiative authorized by the 96th General Assembly for fiscal |
19 | | year 2010 may be adopted in accordance with this Section by the |
20 | | agency charged with administering that provision or |
21 | | initiative. The adoption of emergency rules authorized by this |
22 | | subsection (n) shall be deemed to be necessary for the public |
23 | | interest, safety, and welfare. The rulemaking authority |
24 | | granted in this subsection (n) shall apply only to rules |
25 | | promulgated during Fiscal Year 2010. |
26 | | (o) In order to provide for the expeditious and timely |
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1 | | implementation of the provisions of the State's fiscal year |
2 | | 2011 budget, emergency rules to implement any provision of this |
3 | | amendatory Act of the 96th General Assembly or any other budget |
4 | | initiative authorized by the 96th General Assembly for fiscal |
5 | | year 2011 may be adopted in accordance with this Section by the |
6 | | agency charged with administering that provision or |
7 | | initiative. The adoption of emergency rules authorized by this |
8 | | subsection (o) is deemed to be necessary for the public |
9 | | interest, safety, and welfare. The rulemaking authority |
10 | | granted in this subsection (o) applies only to rules |
11 | | promulgated on or after the effective date of this amendatory |
12 | | Act of the 96th General Assembly through June 30, 2011. |
13 | | (p) In order to provide for the expeditious and timely |
14 | | implementation of the provisions of Public Act 97-689 this |
15 | | amendatory Act of the 97th General Assembly , emergency rules to |
16 | | implement any provision of Public Act 97-689 this amendatory |
17 | | Act of the 97th General Assembly may be adopted in accordance |
18 | | with this subsection (p) by the agency charged with |
19 | | administering that provision or initiative. The 150-day |
20 | | limitation of the effective period of emergency rules does not |
21 | | apply to rules adopted under this subsection (p), and the |
22 | | effective period may continue through June 30, 2013. The |
23 | | 24-month limitation on the adoption of emergency rules does not |
24 | | apply to rules adopted under this subsection (p). The adoption |
25 | | of emergency rules authorized by this subsection (p) is deemed |
26 | | to be necessary for the public interest, safety, and welfare. |
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1 | | (Source: P.A. 96-45, eff. 7-15-09; 96-958, eff. 7-1-10; |
2 | | 96-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff. |
3 | | 7-1-12; revised 7-10-12.) |
4 | | Section 5. The State Comptroller Act is amended by changing |
5 | | Section 10.05 as follows:
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6 | | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
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7 | | Sec. 10.05. Deductions from warrants; statement of reason |
8 | | for deduction. Whenever any person shall be entitled to a |
9 | | warrant or other
payment from the treasury or other funds held |
10 | | by the State Treasurer, on any
account, against whom there |
11 | | shall be any then due and payable account or claim in favor of |
12 | | the
State, the United States upon certification by the |
13 | | Secretary of the Treasury of the United States, or his or her |
14 | | delegate, pursuant to a reciprocal offset agreement under |
15 | | subsection (i-1) of Section 10 of the Illinois State Collection |
16 | | Act of 1986, or a unit of local government, a school district, |
17 | | a public institution of higher education, as defined in Section |
18 | | 1 of the Board of Higher Education Act, or the clerk of a |
19 | | circuit court, upon certification by that entity, the |
20 | | Comptroller, upon notification thereof, shall
ascertain the |
21 | | amount due and payable to the State, the United States, the |
22 | | unit of local government, the school district, the public |
23 | | institution of higher education, or the clerk of the circuit |
24 | | court, as aforesaid, and draw a
warrant on the treasury or on |
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1 | | other funds held by the State Treasurer, stating
the amount for |
2 | | which the party was entitled to a warrant or other payment, the
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3 | | amount deducted therefrom, and on what account, and directing |
4 | | the payment of
the balance; which warrant or payment as so |
5 | | drawn shall be entered on the books
of the Treasurer, and such |
6 | | balance only shall be paid. The Comptroller may
deduct any one |
7 | | or more of the following: (i) the entire amount due and payable |
8 | | to the State or a portion
of the amount due and payable to the |
9 | | State in accordance with the request of
the notifying agency; |
10 | | (ii) the entire amount due and payable to the United States or |
11 | | a portion of the amount due and payable to the United States in |
12 | | accordance with a reciprocal offset agreement under subsection |
13 | | (i-1) of Section 10 of the Illinois State Collection Act of |
14 | | 1986; or (iii) the entire amount due and payable to the unit of |
15 | | local government, school district, public institution of |
16 | | higher education, or clerk of the circuit court, or a portion |
17 | | of the amount due and payable to that entity, in accordance |
18 | | with an intergovernmental agreement authorized under this |
19 | | Section and Section 10.05d. No request from a notifying agency, |
20 | | the Secretary of the Treasury of the United States, a unit of |
21 | | local government, a school district, a public institution of |
22 | | higher education, or the clerk of a circuit court for an amount |
23 | | to be
deducted under this Section from a wage or salary |
24 | | payment, or from a
contractual payment to an individual for |
25 | | personal services, shall exceed 25% of
the net amount of such |
26 | | payment. "Net amount" means that part of the earnings
of an |
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1 | | individual remaining after deduction of any amounts required by |
2 | | law to be
withheld. For purposes of this provision, wage, |
3 | | salary or other payments for
personal services shall not |
4 | | include final compensation payments for the value
of accrued |
5 | | vacation, overtime or sick leave. Whenever the Comptroller |
6 | | draws a
warrant or makes a payment involving a deduction |
7 | | ordered under this Section,
the Comptroller shall notify the |
8 | | payee and the State agency that submitted
the voucher of the |
9 | | reason for the deduction and he or she shall retain a record of |
10 | | such
statement in his or her
records. As used in this Section, |
11 | | an "account or
claim in favor of the State" includes all |
12 | | amounts owing to "State agencies"
as defined in Section 7 of |
13 | | this Act. However, the Comptroller shall not be
required to |
14 | | accept accounts or claims owing to funds not held by the State
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15 | | Treasurer, where such accounts or claims do not exceed $50, nor |
16 | | shall the
Comptroller deduct from funds held by the State |
17 | | Treasurer under the Senior
Citizens and Disabled Persons |
18 | | Property Tax Relief and Pharmaceutical Assistance Act or for |
19 | | payments to institutions from the Illinois Prepaid Tuition |
20 | | Trust
Fund
(unless the Trust Fund
moneys are used for child |
21 | | support).
The Comptroller shall not deduct from payments to be |
22 | | disbursed from the Child Support Enforcement Trust Fund as |
23 | | provided for under Section 12-10.2 of the Illinois Public Aid |
24 | | Code, except for payments representing interest on child |
25 | | support obligations under Section 10-16.5 of that Code. The |
26 | | Comptroller and the
Department of Revenue shall enter into an
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1 | | interagency agreement to establish responsibilities, duties, |
2 | | and procedures
relating to deductions from lottery prizes |
3 | | awarded under Section 20.1
of the Illinois Lottery Law. The |
4 | | Comptroller may enter into an intergovernmental agreement with |
5 | | the Department of Revenue and the Secretary of the Treasury of |
6 | | the United States, or his or her delegate, to establish |
7 | | responsibilities, duties, and procedures relating to |
8 | | reciprocal offset of delinquent State and federal obligations |
9 | | pursuant to subsection (i-1) of Section 10 of the Illinois |
10 | | State Collection Act of 1986. The Comptroller may enter into |
11 | | intergovernmental agreements with any unit of local |
12 | | government, school district, public institution of higher |
13 | | education, or clerk of a circuit court to establish |
14 | | responsibilities, duties, and procedures to provide for the |
15 | | offset, by the Comptroller, of obligations owed to those |
16 | | entities.
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17 | | For the purposes of this Section, "clerk of a circuit |
18 | | court" means the clerk of a circuit court in any county in the |
19 | | State. |
20 | | (Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. |
21 | | 97-632 for the effective date of changes made by P.A. 97-269); |
22 | | 97-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff. |
23 | | 8-2-12; 97-970, eff. 8-16-12; revised 8-23-12.)
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24 | | Section 7. The State Finance Act is amended by changing |
25 | | Sections 6z-52 and 6z-81 as follows:
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1 | | (30 ILCS 105/6z-52)
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2 | | Sec. 6z-52. Drug Rebate Fund.
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3 | | (a) There is created in the State Treasury a special fund |
4 | | to be known as
the Drug Rebate Fund.
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5 | | (b) The Fund is created for the purpose of receiving and |
6 | | disbursing moneys
in accordance with this Section. |
7 | | Disbursements from the Fund shall be made,
subject to |
8 | | appropriation, only as follows:
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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
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15 | | Citizens and Disabled Persons Property Tax Relief and
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16 | | Pharmaceutical Assistance Act .
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17 | | (2) For reimbursement of moneys collected by the |
18 | | Department of Healthcare and Family Services (formerly
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19 | | Illinois Department of
Public Aid) through error or |
20 | | mistake.
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21 | | (3) For payments of any amounts that are reimbursable |
22 | | to the federal
government resulting from a payment into |
23 | | this Fund.
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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:
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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.
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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.
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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.
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4 | | (4) All other moneys received for the Fund from any |
5 | | other source,
including interest earned thereon.
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6 | | (Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689, |
7 | | eff. 7-1-12.)
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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 |
11 | | to be known as the Healthcare Provider Relief Fund. |
12 | | (b) The Fund is created for the purpose of receiving and |
13 | | disbursing moneys in accordance with this Section. |
14 | | Disbursements 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 |
19 | | for by law, on the effective date of this amendatory Act of the |
20 | | 97th General Assembly, or as soon thereafter as practical, the |
21 | | State Comptroller shall direct and the State Treasurer shall |
22 | | transfer the sum of $365,000,000 from the General Revenue Fund |
23 | | into the Healthcare Provider Relief Fund.
|
24 | | (e) In addition to any other transfers that may be provided |
25 | | for by law, on July 1, 2011, or as soon thereafter as |
26 | | practical, the State Comptroller shall direct and the State |
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1 | | Treasurer shall transfer the sum of $160,000,000 from the |
2 | | General Revenue Fund to the Healthcare Provider Relief Fund. |
3 | | (f) Notwithstanding any other State law to the contrary, |
4 | | and in addition to any other transfers that may be provided for |
5 | | by law, the State Comptroller shall order transferred and the |
6 | | State Treasurer shall transfer $500,000,000 to the Healthcare |
7 | | Provider Relief Fund from the General Revenue Fund in equal |
8 | | monthly installments of $100,000,000, with the first transfer |
9 | | to be made on July 1, 2012, or as soon thereafter as practical, |
10 | | and with each of the remaining transfers to be made on August |
11 | | 1, 2012, September 1, 2012, October 1, 2012, and November 1, |
12 | | 2012, or as soon thereafter as practical. This transfer may |
13 | | assist the Department of Healthcare and Family Services in |
14 | | improving Medical Assistance bill processing timeframes or in |
15 | | meeting the possible requirements of Senate Bill 3397, or other |
16 | | similar legislation, of the 97th General Assembly should it |
17 | | become law. |
18 | | (Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11; |
19 | | 97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff. |
20 | | 6-14-12; 97-732, eff. 6-30-12; revised 7-10-12.) |
21 | | Section 10. The Downstate Public Transportation Act is |
22 | | amended 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 |
2 | | 60 days following the effective date of this amendatory Act of |
3 | | the 95th General Assembly and until subsection (b) is |
4 | | implemented, any fixed route public transportation services |
5 | | provided by, or under grant or purchase of service contracts |
6 | | of, every participant, as defined in Section 2-2.02 (1)(a), |
7 | | shall be provided without charge to all senior citizen |
8 | | residents of the participant aged 65 and older, under such |
9 | | conditions as shall be prescribed by the participant. |
10 | | (b) Notwithstanding any law to the contrary, no later than |
11 | | 180 days following the effective date of this amendatory Act of |
12 | | the 96th General Assembly, any fixed route public |
13 | | transportation services provided by, or under grant or purchase |
14 | | of service contracts of, every participant, as defined in |
15 | | Section 2-2.02 (1)(a), shall be provided without charge to |
16 | | senior citizens aged 65 and older who meet the income |
17 | | eligibility limitation set forth in subsection (a-5) of Section |
18 | | 4 of the Senior Citizens and Disabled Persons Property Tax |
19 | | Relief and Pharmaceutical Assistance Act, under such |
20 | | conditions as shall be prescribed by the participant. The |
21 | | Department on Aging shall furnish all information reasonably |
22 | | necessary to determine eligibility, including updated lists of |
23 | | individuals who are eligible for services without charge under |
24 | | this Section. Nothing in this Section shall relieve the |
25 | | participant from providing reduced fares as may be required by |
26 | | federal 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. |
4 | | Notwithstanding any law to the contrary, no later than 60 days |
5 | | following the effective date of this amendatory Act of the 95th |
6 | | General Assembly, all fixed route public transportation |
7 | | services provided by, or under grant or purchase of service |
8 | | contract of, any participant shall be provided without charge |
9 | | to all disabled persons who meet the income eligibility |
10 | | limitation set forth in subsection (a-5) of Section 4 of the |
11 | | Senior Citizens and Disabled Persons Property Tax Relief and |
12 | | Pharmaceutical Assistance Act, under such procedures as shall |
13 | | be prescribed by the participant. The Department on Aging shall |
14 | | furnish all information reasonably necessary to determine |
15 | | eligibility, including updated lists of individuals who are |
16 | | eligible 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 |
19 | | Sections 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 |
22 | | Exemption.
|
23 | | (a) This Section may be cited as the Senior Citizens |
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1 | | Assessment
Freeze Homestead Exemption.
|
2 | | (b) As used in this Section:
|
3 | | "Applicant" means an individual who has filed an |
4 | | application under this
Section.
|
5 | | "Base amount" means the base year equalized assessed value |
6 | | of the residence
plus the first year's equalized assessed value |
7 | | of any added improvements which
increased the assessed value of |
8 | | the residence after the base year.
|
9 | | "Base year" means the taxable year prior to the taxable |
10 | | year for which the
applicant first qualifies and applies for |
11 | | the exemption provided that in the
prior taxable year the |
12 | | property was improved with a permanent structure that
was |
13 | | occupied as a residence by the applicant who was liable for |
14 | | paying real
property taxes on the property and who was either |
15 | | (i) an owner of record of the
property or had legal or |
16 | | equitable interest in the property as evidenced by a
written |
17 | | instrument or (ii) had a legal or equitable interest as a |
18 | | lessee in the
parcel of property that was single family |
19 | | residence.
If in any subsequent taxable year for which the |
20 | | applicant applies and
qualifies for the exemption the equalized |
21 | | assessed value of the residence is
less than the equalized |
22 | | assessed value in the existing base year
(provided that such |
23 | | equalized assessed value is not
based
on an
assessed value that |
24 | | results from a temporary irregularity in the property that
|
25 | | reduces the
assessed value for one or more taxable years), then |
26 | | that
subsequent taxable year shall become the base year until a |
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1 | | new base year is
established under the terms of this paragraph. |
2 | | For taxable year 1999 only, the
Chief County Assessment Officer |
3 | | shall review (i) all taxable years for which
the
applicant |
4 | | applied and qualified for the exemption and (ii) the existing |
5 | | base
year.
The assessment officer shall select as the new base |
6 | | year the year with the
lowest equalized assessed value.
An |
7 | | equalized assessed value that is based on an assessed value |
8 | | that results
from a
temporary irregularity in the property that |
9 | | reduces the assessed value for one
or more
taxable years shall |
10 | | not be considered the lowest equalized assessed value.
The |
11 | | selected year shall be the base year for
taxable year 1999 and |
12 | | thereafter until a new base year is established under the
terms |
13 | | of this paragraph.
|
14 | | "Chief County Assessment Officer" means the County |
15 | | Assessor or Supervisor of
Assessments of the county in which |
16 | | the property is located.
|
17 | | "Equalized assessed value" means the assessed value as |
18 | | equalized by the
Illinois Department of Revenue.
|
19 | | "Household" means the applicant, the spouse of the |
20 | | applicant, and all persons
using the residence of the applicant |
21 | | as their principal place of residence.
|
22 | | "Household income" means the combined income of the members |
23 | | of a household
for the calendar year preceding the taxable |
24 | | year.
|
25 | | "Income" has the same meaning as provided in Section 3.07 |
26 | | of the Senior
Citizens and Disabled Persons Property Tax Relief
|
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1 | | and Pharmaceutical Assistance Act, except that, beginning in |
2 | | assessment year 2001, "income" does not
include veteran's |
3 | | benefits.
|
4 | | "Internal Revenue Code of 1986" means the United States |
5 | | Internal Revenue Code
of 1986 or any successor law or laws |
6 | | relating to federal income taxes in effect
for the year |
7 | | preceding the taxable year.
|
8 | | "Life care facility that qualifies as a cooperative" means |
9 | | a facility as
defined in Section 2 of the Life Care Facilities |
10 | | Act.
|
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 |
18 | | appurtenant structures
used for residential purposes in this |
19 | | State occupied on January 1 of the
taxable year by a household |
20 | | and so much of the surrounding land, constituting
the parcel |
21 | | upon which the dwelling place is situated, as is used for
|
22 | | residential purposes. If the Chief County Assessment Officer |
23 | | has established a
specific legal description for a portion of |
24 | | property constituting the
residence, then that portion of |
25 | | property shall be deemed the residence for the
purposes of this |
26 | | Section.
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1 | | "Taxable year" means the calendar year during which ad |
2 | | valorem property taxes
payable in the next succeeding year are |
3 | | levied.
|
4 | | (c) Beginning in taxable year 1994, a senior citizens |
5 | | assessment freeze
homestead exemption is granted for real |
6 | | property that is improved with a
permanent structure that is |
7 | | occupied as a residence by an applicant who (i) is
65 years of |
8 | | age or older during the taxable year, (ii) has a household |
9 | | income that does not exceed the maximum income limitation, |
10 | | (iii) is liable for paying real property taxes on
the
property, |
11 | | and (iv) is an owner of record of the property or has a legal or
|
12 | | equitable interest in the property as evidenced by a written |
13 | | instrument. This
homestead exemption shall also apply to a |
14 | | leasehold interest in a parcel of
property improved with a |
15 | | permanent structure that is a single family residence
that is |
16 | | occupied as a residence by a person who (i) is 65 years of age |
17 | | or older
during the taxable year, (ii) has a household income |
18 | | that does not exceed the maximum income limitation,
(iii)
has a |
19 | | legal or equitable ownership interest in the property as |
20 | | lessee, and (iv)
is liable for the payment of real property |
21 | | taxes on that property.
|
22 | | In counties of 3,000,000 or more inhabitants, the amount of |
23 | | the exemption for all taxable years is the equalized assessed |
24 | | value of the
residence in the taxable year for which |
25 | | application is made minus the base
amount. In all other |
26 | | counties, the amount of the exemption is as follows: (i) |
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1 | | through taxable year 2005 and for taxable year 2007 and |
2 | | thereafter, the amount of this exemption shall be the equalized |
3 | | assessed value of the
residence in the taxable year for which |
4 | | application is made minus the base
amount; and (ii) for
taxable |
5 | | year 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 |
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1 | | the exemption is (i) the equalized assessed value of the
|
2 | | residence in the taxable year for which application is made |
3 | | minus the base
amount (ii) multiplied by 0.2.
|
4 | | When the applicant is a surviving spouse of an applicant |
5 | | for a prior year for
the same residence for which an exemption |
6 | | under this Section has been granted,
the base year and base |
7 | | amount for that residence are the same as for the
applicant for |
8 | | the prior year.
|
9 | | Each year at the time the assessment books are certified to |
10 | | the County Clerk,
the Board of Review or Board of Appeals shall |
11 | | give to the County Clerk a list
of the assessed values of |
12 | | improvements on each parcel qualifying for this
exemption that |
13 | | were added after the base year for this parcel and that
|
14 | | increased the assessed value of the property.
|
15 | | In the case of land improved with an apartment building |
16 | | owned and operated as
a cooperative or a building that is a |
17 | | life care facility that qualifies as a
cooperative, the maximum |
18 | | reduction from the equalized assessed value of the
property is |
19 | | limited to the sum of the reductions calculated for each unit
|
20 | | occupied as a residence by a person or persons (i) 65 years of |
21 | | age or older, (ii) with a
household income that does not exceed |
22 | | the maximum income limitation, (iii) who is liable, by contract |
23 | | with the
owner
or owners of record, for paying real property |
24 | | taxes on the property, and (iv) who is
an owner of record of a |
25 | | legal or equitable interest in the cooperative
apartment |
26 | | building, other than a leasehold interest. In the instance of a
|
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1 | | cooperative where a homestead exemption has been granted under |
2 | | this Section,
the cooperative association or its management |
3 | | firm shall credit the savings
resulting from that exemption |
4 | | only to the apportioned tax liability of the
owner who |
5 | | qualified for the exemption. Any person who willfully refuses |
6 | | to
credit that savings to an owner who qualifies for the |
7 | | exemption is guilty of a
Class B misdemeanor.
|
8 | | When a homestead exemption has been granted under this |
9 | | Section and an
applicant then becomes a resident of a facility |
10 | | licensed under the Assisted Living and Shared Housing Act, the |
11 | | Nursing Home
Care Act, the Specialized Mental Health |
12 | | Rehabilitation Act, or the ID/DD Community Care Act, the |
13 | | exemption shall be granted in subsequent years so long as the
|
14 | | residence (i) continues to be occupied by the qualified |
15 | | applicant's spouse or
(ii) if remaining unoccupied, is still |
16 | | owned by the qualified applicant for the
homestead exemption.
|
17 | | Beginning January 1, 1997, when an individual dies who |
18 | | would have qualified
for an exemption under this Section, and |
19 | | the surviving spouse does not
independently qualify for this |
20 | | exemption because of age, the exemption under
this Section |
21 | | shall be granted to the surviving spouse for the taxable year
|
22 | | preceding and the taxable
year of the death, provided that, |
23 | | except for age, the surviving spouse meets
all
other |
24 | | qualifications for the granting of this exemption for those |
25 | | years.
|
26 | | When married persons maintain separate residences, the |
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1 | | exemption provided for
in this Section may be claimed by only |
2 | | one of such persons and for only one
residence.
|
3 | | For taxable year 1994 only, in counties having less than |
4 | | 3,000,000
inhabitants, to receive the exemption, a person shall |
5 | | submit an application by
February 15, 1995 to the Chief County |
6 | | Assessment Officer
of the county in which the property is |
7 | | located. In counties having 3,000,000
or more inhabitants, for |
8 | | taxable year 1994 and all subsequent taxable years, to
receive |
9 | | the exemption, a person
may submit an application to the Chief |
10 | | County
Assessment Officer of the county in which the property |
11 | | is located during such
period as may be specified by the Chief |
12 | | County Assessment Officer. The Chief
County Assessment Officer |
13 | | in counties of 3,000,000 or more inhabitants shall
annually |
14 | | give notice of the application period by mail or by |
15 | | publication. In
counties having less than 3,000,000 |
16 | | inhabitants, beginning with taxable year
1995 and thereafter, |
17 | | to receive the exemption, a person
shall
submit an
application |
18 | | by July 1 of each taxable year to the Chief County Assessment
|
19 | | Officer of the county in which the property is located. A |
20 | | county may, by
ordinance, establish a date for submission of |
21 | | applications that is
different than
July 1.
The applicant shall |
22 | | submit with the
application an affidavit of the applicant's |
23 | | total household income, age,
marital status (and if married the |
24 | | name and address of the applicant's spouse,
if known), and |
25 | | principal dwelling place of members of the household on January
|
26 | | 1 of the taxable year. The Department shall establish, by rule, |
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1 | | a method for
verifying the accuracy of affidavits filed by |
2 | | applicants under this Section, and the Chief County Assessment |
3 | | Officer may conduct audits of any taxpayer claiming an |
4 | | exemption under this Section to verify that the taxpayer is |
5 | | eligible to receive the exemption. Each application shall |
6 | | contain or be verified by a written declaration that it is made |
7 | | under the penalties of perjury. A taxpayer's signing a |
8 | | fraudulent application under this Act is perjury, as defined in |
9 | | Section 32-2 of the Criminal Code of 2012.
The applications |
10 | | shall be clearly marked as applications for the Senior
Citizens |
11 | | Assessment Freeze Homestead Exemption and must contain a notice |
12 | | that any taxpayer who receives the exemption is subject to an |
13 | | audit by the Chief County Assessment Officer.
|
14 | | Notwithstanding any other provision to the contrary, in |
15 | | counties having fewer
than 3,000,000 inhabitants, if an |
16 | | applicant fails
to file the application required by this |
17 | | Section in a timely manner and this
failure to file is due to a |
18 | | mental or physical condition sufficiently severe so
as to |
19 | | render the applicant incapable of filing the application in a |
20 | | timely
manner, the Chief County Assessment Officer may extend |
21 | | the filing deadline for
a period of 30 days after the applicant |
22 | | regains the capability to file the
application, but in no case |
23 | | may the filing deadline be extended beyond 3
months of the |
24 | | original filing deadline. In order to receive the extension
|
25 | | provided in this paragraph, the applicant shall provide the |
26 | | Chief County
Assessment Officer with a signed statement from |
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1 | | the applicant's physician
stating the nature and extent of the |
2 | | condition, that, in the
physician's opinion, the condition was |
3 | | so severe that it rendered the applicant
incapable of filing |
4 | | the application in a timely manner, and the date on which
the |
5 | | applicant regained the capability to file the application.
|
6 | | Beginning January 1, 1998, notwithstanding any other |
7 | | provision to the
contrary, in counties having fewer than |
8 | | 3,000,000 inhabitants, if an applicant
fails to file the |
9 | | application required by this Section in a timely manner and
|
10 | | this failure to file is due to a mental or physical condition |
11 | | sufficiently
severe so as to render the applicant incapable of |
12 | | filing the application in a
timely manner, the Chief County |
13 | | Assessment Officer may extend the filing
deadline for a period |
14 | | of 3 months. In order to receive the extension provided
in this |
15 | | paragraph, the applicant shall provide the Chief County |
16 | | Assessment
Officer with a signed statement from the applicant's |
17 | | physician stating the
nature and extent of the condition, and |
18 | | that, in the physician's opinion, the
condition was so severe |
19 | | that it rendered the applicant incapable of filing the
|
20 | | application in a timely manner.
|
21 | | In counties having less than 3,000,000 inhabitants, if an |
22 | | applicant was
denied an exemption in taxable year 1994 and the |
23 | | denial occurred due to an
error on the part of an assessment
|
24 | | official, or his or her agent or employee, then beginning in |
25 | | taxable year 1997
the
applicant's base year, for purposes of |
26 | | determining the amount of the exemption,
shall be 1993 rather |
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1 | | than 1994. In addition, in taxable year 1997, the
applicant's |
2 | | exemption shall also include an amount equal to (i) the amount |
3 | | of
any exemption denied to the applicant in taxable year 1995 |
4 | | as a result of using
1994, rather than 1993, as the base year, |
5 | | (ii) the amount of any exemption
denied to the applicant in |
6 | | taxable year 1996 as a result of using 1994, rather
than 1993, |
7 | | as the base year, and (iii) the amount of the exemption |
8 | | erroneously
denied for taxable year 1994.
|
9 | | For purposes of this Section, a person who will be 65 years |
10 | | of age during the
current taxable year shall be eligible to |
11 | | apply for the homestead exemption
during that taxable year. |
12 | | Application shall be made during the application
period in |
13 | | effect for the county of his or her residence.
|
14 | | The Chief County Assessment Officer may determine the |
15 | | eligibility of a life
care facility that qualifies as a |
16 | | cooperative to receive the benefits
provided by this Section by |
17 | | use of an affidavit, application, visual
inspection, |
18 | | questionnaire, or other reasonable method in order to insure |
19 | | that
the tax savings resulting from the exemption are credited |
20 | | by the management
firm to the apportioned tax liability of each |
21 | | qualifying resident. The Chief
County Assessment Officer may |
22 | | request reasonable proof that the management firm
has so |
23 | | credited that exemption.
|
24 | | Except as provided in this Section, all information |
25 | | received by the chief
county assessment officer or the |
26 | | Department from applications filed under this
Section, or from |
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1 | | any investigation conducted under the provisions of this
|
2 | | Section, shall be confidential, except for official purposes or
|
3 | | pursuant to official procedures for collection of any State or |
4 | | local tax or
enforcement of any civil or criminal penalty or |
5 | | sanction imposed by this Act or
by any statute or ordinance |
6 | | imposing a State or local tax. Any person who
divulges any such |
7 | | information in any manner, except in accordance with a proper
|
8 | | judicial order, is guilty of a Class A misdemeanor.
|
9 | | Nothing contained in this Section shall prevent the |
10 | | Director or chief county
assessment officer from publishing or |
11 | | making available reasonable statistics
concerning the |
12 | | operation of the exemption contained in this Section in which
|
13 | | the contents of claims are grouped into aggregates in such a |
14 | | way that
information contained in any individual claim shall |
15 | | not be disclosed.
|
16 | | (d) Each Chief County Assessment Officer shall annually |
17 | | publish a notice
of availability of the exemption provided |
18 | | under this Section. The notice
shall be published at least 60 |
19 | | days but no more than 75 days prior to the date
on which the |
20 | | application must be submitted to the Chief County Assessment
|
21 | | Officer of the county in which the property is located. The |
22 | | notice shall
appear in a newspaper of general circulation in |
23 | | the county.
|
24 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
25 | | no reimbursement by the State is required for the |
26 | | implementation of any mandate created by this Section.
|
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1 | | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; |
2 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
3 | | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. |
4 | | 1-25-13.)
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5 | | (35 ILCS 200/15-175)
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6 | | Sec. 15-175. General homestead exemption. |
7 | | (a) Except as provided in Sections 15-176 and 15-177, |
8 | | homestead
property is
entitled to an annual homestead exemption |
9 | | limited, except as described here
with relation to |
10 | | cooperatives, to a reduction in the equalized assessed value
of |
11 | | homestead property equal to the increase in equalized assessed |
12 | | value for the
current assessment year above the equalized |
13 | | assessed value of the property for
1977, up to the maximum |
14 | | reduction set forth below. If however, the 1977
equalized |
15 | | assessed value upon which taxes were paid is subsequently |
16 | | determined
by local assessing officials, the Property Tax |
17 | | Appeal Board, or a court to have
been excessive, the equalized |
18 | | assessed value which should have been placed on
the property |
19 | | for 1977 shall be used to determine the amount of the |
20 | | exemption.
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21 | | (b) Except as provided in Section 15-176, the maximum |
22 | | reduction before taxable year 2004 shall be
$4,500 in counties |
23 | | with 3,000,000 or more
inhabitants
and $3,500 in all other |
24 | | counties. Except as provided in Sections 15-176 and 15-177, for |
25 | | taxable years 2004 through 2007, the maximum reduction shall be |
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1 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, |
2 | | and, for taxable years 2009 and thereafter, the maximum |
3 | | reduction is $6,000 in all counties. If a county has elected to |
4 | | subject itself to the provisions of Section 15-176 as provided |
5 | | in subsection (k) of that Section, then, for the first taxable |
6 | | year only after the provisions of Section 15-176 no longer |
7 | | apply, for owners who, for the taxable year, have not been |
8 | | granted a senior citizens assessment freeze homestead |
9 | | exemption under Section 15-172 or a long-time occupant |
10 | | homestead exemption under Section 15-177, there shall be an |
11 | | additional exemption of $5,000 for owners with a household |
12 | | income of $30,000 or less.
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13 | | (c) In counties with fewer than 3,000,000 inhabitants, if, |
14 | | based on the most
recent assessment, the equalized assessed |
15 | | value of
the homestead property for the current assessment year |
16 | | is greater than the
equalized assessed value of the property |
17 | | for 1977, the owner of the property
shall automatically receive |
18 | | the exemption granted under this Section in an
amount equal to |
19 | | the increase over the 1977 assessment up to the maximum
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20 | | reduction set forth in this Section.
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21 | | (d) If in any assessment year beginning with the 2000 |
22 | | assessment year,
homestead property has a pro-rata valuation |
23 | | under
Section 9-180 resulting in an increase in the assessed |
24 | | valuation, a reduction
in equalized assessed valuation equal to |
25 | | the increase in equalized assessed
value of the property for |
26 | | the year of the pro-rata valuation above the
equalized assessed |
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1 | | value of the property for 1977 shall be applied to the
property |
2 | | on a proportionate basis for the period the property qualified |
3 | | as
homestead property during the assessment year. The maximum |
4 | | proportionate
homestead exemption shall not exceed the maximum |
5 | | homestead exemption allowed in
the county under this Section |
6 | | divided by 365 and multiplied by the number of
days the |
7 | | property qualified as homestead property.
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8 | | (e) The chief county assessment officer may, when |
9 | | considering whether to grant a leasehold exemption under this |
10 | | Section, 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 ) . |
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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 |
14 | | lessee vacates the property, then the chief county assessment |
15 | | officer may require the owner of the property to notify the |
16 | | chief county assessment officer of that change. |
17 | | This subsection (e) does not apply to leasehold interests |
18 | | in property owned by a municipality. |
19 | | (f) "Homestead property" under this Section includes |
20 | | residential property that is
occupied by its owner or owners as |
21 | | his or their principal dwelling place, or
that is a leasehold |
22 | | interest on which a single family residence is situated,
which |
23 | | is occupied as a residence by a person who has an ownership |
24 | | interest
therein, legal or equitable or as a lessee, and on |
25 | | which the person is
liable for the payment of property taxes. |
26 | | For land improved with
an apartment building owned and operated |
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1 | | as a cooperative or a building which
is a life care facility as |
2 | | defined in Section 15-170 and considered to
be a cooperative |
3 | | under Section 15-170, the maximum reduction from the equalized
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4 | | assessed value shall be limited to the increase in the value |
5 | | above the
equalized assessed value of the property for 1977, up |
6 | | to
the maximum reduction set forth above, multiplied by the |
7 | | number of apartments
or units occupied by a person or persons |
8 | | who is liable, by contract with the
owner or owners of record, |
9 | | for paying property taxes on the property and is an
owner of |
10 | | record of a legal or equitable interest in the cooperative
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11 | | apartment building, other than a leasehold interest. For |
12 | | purposes of this
Section, the term "life care facility" has the |
13 | | meaning stated in Section
15-170.
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14 | | "Household", as used in this Section,
means the owner, the |
15 | | spouse of the owner, and all persons using
the
residence of the |
16 | | owner as their principal place of residence.
|
17 | | "Household income", as used in this Section,
means the |
18 | | combined income of the members of a household
for the calendar |
19 | | year preceding the taxable year.
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20 | | "Income", as used in this Section,
has the same meaning as |
21 | | provided in Section 3.07 of the Senior
Citizens
and Disabled |
22 | | Persons Property Tax Relief and Pharmaceutical Assistance Act,
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23 | | except that
"income" does not include veteran's benefits.
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24 | | (g) In a cooperative where a homestead exemption has been |
25 | | granted, the
cooperative association or its management firm |
26 | | shall credit the savings
resulting from that exemption only to |
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1 | | the apportioned tax liability of the
owner who qualified for |
2 | | the exemption. Any person who willfully refuses to so
credit |
3 | | the savings shall be guilty of a Class B misdemeanor.
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4 | | (h) Where married persons maintain and reside in separate |
5 | | residences qualifying
as homestead property, each residence |
6 | | shall receive 50% of the total reduction
in equalized assessed |
7 | | valuation provided by this Section.
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8 | | (i) In all counties, the assessor
or chief county |
9 | | assessment officer may determine the
eligibility of |
10 | | residential property to receive the homestead exemption and the |
11 | | amount of the exemption by
application, visual inspection, |
12 | | questionnaire or other reasonable methods. The
determination |
13 | | shall be made in accordance with guidelines established by the
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14 | | Department, provided that the taxpayer applying for an |
15 | | additional general exemption under this Section shall submit to |
16 | | the chief county assessment officer an application with an |
17 | | affidavit of the applicant's total household income, age, |
18 | | marital status (and, if married, the name and address of the |
19 | | applicant's spouse, if known), and principal dwelling place of |
20 | | members of the household on January 1 of the taxable year. The |
21 | | Department shall issue guidelines establishing a method for |
22 | | verifying the accuracy of the affidavits filed by applicants |
23 | | under this paragraph. The applications shall be clearly marked |
24 | | as applications for the Additional General Homestead |
25 | | Exemption.
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26 | | (j) In counties with fewer than 3,000,000 inhabitants, in |
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1 | | the event of a sale
of
homestead property the homestead |
2 | | exemption shall remain in effect for the
remainder of the |
3 | | assessment year of the sale. The assessor or chief county
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4 | | assessment officer may require the new
owner of the property to |
5 | | apply for the homestead exemption for the following
assessment |
6 | | year.
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7 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates |
8 | | Act, no reimbursement by the State is required for the |
9 | | implementation of any mandate created by this Section.
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10 | | (Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12; |
11 | | revised 9-20-12.)
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12 | | (35 ILCS 200/20-15)
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13 | | Sec. 20-15. Information on bill or separate statement. |
14 | | There shall be
printed on each bill, or on a separate slip |
15 | | which shall be mailed with the
bill:
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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
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25 | | municipality or township for public library purposes,
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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,
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6 | | (c) the total tax rate,
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7 | | (d) the total amount of tax due, and
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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.
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11 | | The county treasurer shall ensure that only those taxing |
12 | | districts in
which a parcel of property is located shall be |
13 | | listed on the bill for that
property.
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14 | | In all counties the statement shall also provide:
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15 | | (1) the property index number or other suitable |
16 | | description,
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17 | | (2) the assessment of the property,
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18 | | (3) the equalization factors imposed by the county and |
19 | | by the Department,
and
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20 | | (4) the equalized assessment resulting from the |
21 | | application of the
equalization factors to the basic |
22 | | assessment.
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23 | | In all counties which do not classify property for purposes |
24 | | of taxation, for
property on which a single family residence is |
25 | | situated the statement shall
also include a statement to |
26 | | reflect the fair cash value determined for the
property. In all |
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1 | | counties which classify property for purposes of taxation in
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2 | | accordance with Section 4 of Article IX of the Illinois |
3 | | Constitution, for
parcels of residential property in the lowest |
4 | | assessment classification the
statement shall also include a |
5 | | statement to reflect the fair cash value
determined for the |
6 | | property.
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7 | | In all counties, the statement must include information |
8 | | that certain
taxpayers may be eligible for tax exemptions, |
9 | | abatements, and other assistance programs and that, for more |
10 | | information, taxpayers should consult with the office of their |
11 | | township or county assessor and with the Illinois Department of |
12 | | Revenue.
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13 | | In all counties, the statement shall include information |
14 | | that certain
taxpayers may be eligible for the Senior Citizens |
15 | | and Disabled Persons Property
Tax Relief and Pharmaceutical |
16 | | Assistance Act and that applications are
available from the |
17 | | Illinois Department on Aging.
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18 | | In counties which use the estimated or accelerated billing |
19 | | methods, these
statements shall only be provided with the final |
20 | | installment of taxes due. The
provisions of this Section create |
21 | | a mandatory statutory duty. They are not
merely directory or |
22 | | discretionary. The failure or neglect of the collector to
mail |
23 | | the bill, or the failure of the taxpayer to receive the bill, |
24 | | shall not
affect the validity of any tax, or the liability for |
25 | | the payment of any tax.
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26 | | (Source: P.A. 97-689, eff. 6-14-12.)
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1 | | (35 ILCS 200/21-27)
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2 | | Sec. 21-27. Waiver of interest penalty. |
3 | | (a) On the recommendation
of the county treasurer, the |
4 | | county board may adopt a resolution under which an
interest |
5 | | penalty for the delinquent payment of taxes for any year that
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6 | | otherwise would be imposed under Section 21-15, 21-20, or 21-25 |
7 | | shall be waived
in the case of any person who meets all of the |
8 | | following criteria:
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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.
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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
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17 | | taxes is due.
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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.
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21 | | (4) The county treasurer approves the request for a |
22 | | waiver.
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23 | | (b) With respect to property that qualifies as a brownfield |
24 | | site under Section 58.2 of the Environmental Protection Act, |
25 | | the county board, upon the recommendation
of the county |
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1 | | treasurer, may adopt a resolution to waive an
interest penalty |
2 | | for the delinquent payment of taxes for any year that
otherwise |
3 | | would be imposed under Section 21-15, 21-20, or 21-25 if all of |
4 | | the 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.)
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1 | | Section 20. The Mobile Home Local Services Tax Act is |
2 | | amended by changing Section 7 as follows:
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3 | | (35 ILCS 515/7) (from Ch. 120, par. 1207)
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4 | | Sec. 7.
The local services tax for owners of mobile homes |
5 | | who (a) are
actually residing in such mobile homes, (b) hold |
6 | | title to such mobile
home as provided in the Illinois Vehicle |
7 | | Code, and (c) are 65 years of age or older or are disabled
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8 | | persons within the meaning of Section 3.14 of the " Senior |
9 | | Citizens and
Disabled Persons Property Tax Relief and |
10 | | Pharmaceutical Assistance Act "
on the annual billing date
shall |
11 | | be reduced to 80 percent of the tax provided for in Section 3 |
12 | | of
this Act. Proof that a claimant has been issued an Illinois
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13 | | Person with a Disability Identification Card stating that the |
14 | | claimant is under a Class 2
disability, as provided in Section |
15 | | 4A of the Illinois Identification Card
Act, shall constitute |
16 | | proof that the person thereon named is a disabled
person within |
17 | | the meaning of this Act. An application for reduction of
the |
18 | | tax shall be filed with
the county clerk by the individuals who |
19 | | are entitled to the reduction.
If the application is filed |
20 | | after May 1, the reduction in tax shall
begin with the next |
21 | | annual bill. Application for the reduction in tax
shall be done |
22 | | by submitting proof that the applicant has been issued an
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23 | | Illinois Person with a Disability Identification Card |
24 | | designating the applicant's
disability as a Class 2 disability, |
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1 | | or by affidavit in substantially the
following form:
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2 | | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
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3 | | I hereby make application for a reduction to 80% of the |
4 | | total tax
imposed under "An Act to provide for a local services
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5 | | tax on mobile homes".
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6 | | (1) Senior Citizens
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7 | | (a) I actually reside in the mobile home ....
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8 | | (b) I hold title to the mobile home as provided in the |
9 | | Illinois
Vehicle Code ....
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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 |
12 | | date of birth is: ...
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13 | | (2) Disabled Persons
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14 | | (a) I actually reside in the mobile home...
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15 | | (b) I hold title to the mobile home as provided in the |
16 | | Illinois
Vehicle Code ....
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17 | | (c) I was totally disabled on ... and have remained |
18 | | disabled until
the date of this application. My Social |
19 | | Security, Veterans, Railroad or
Civil Service Total Disability |
20 | | Claim Number is ... The undersigned
declares under the penalty |
21 | | of perjury that the above statements are true
and correct.
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22 | | Dated (insert date).
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23 | | ...........................
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24 | | Signature of owner
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25 | | ...........................
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26 | | (Address)
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1 | | ...........................
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2 | | (City) (State) (Zip)
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3 | | Approved by:
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4 | | .............................
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5 | | (Assessor)
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6 | | This application shall be accompanied by a copy of the |
7 | | applicant's
most recent application filed with the Illinois |
8 | | Department on Aging
under the Senior Citizens and Disabled |
9 | | Persons Property Tax Relief and Pharmaceutical Assistance Act.
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10 | | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12; |
11 | | 97-1064, eff. 1-1-13; revised 9-20-12.)
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12 | | Section 25. The Metropolitan Transit Authority Act is |
13 | | amended 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 |
17 | | 60 days following the effective date of this amendatory Act of |
18 | | the 95th General Assembly and until subsection (b) is |
19 | | implemented, any fixed route public transportation services |
20 | | provided by, or under grant or purchase of service contracts |
21 | | of, the Board shall be provided without charge to all senior |
22 | | citizens of the Metropolitan Region (as such term is defined in |
23 | | 70 ILCS 3615/1.03) aged 65 and older, under such conditions as |
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1 | | shall be prescribed by the Board.
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2 | | (b) Notwithstanding any law to the contrary, no later than |
3 | | 180 days following the effective date of this amendatory Act of |
4 | | the 96th General Assembly, any fixed route public |
5 | | transportation services provided by, or under grant or purchase |
6 | | of service contracts of, the Board shall be provided without |
7 | | charge to senior citizens aged 65 and older who meet the income |
8 | | eligibility limitation set forth in subsection (a-5) of Section |
9 | | 4 of the Senior Citizens and Disabled Persons Property Tax |
10 | | Relief and Pharmaceutical Assistance Act, under such |
11 | | conditions as shall be prescribed by the Board. The Department |
12 | | on Aging shall furnish all information reasonably necessary to |
13 | | determine eligibility, including updated lists of individuals |
14 | | who are eligible for services without charge under this |
15 | | Section. Nothing in this Section shall relieve the Board from |
16 | | providing 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. |
20 | | Notwithstanding any law to the contrary, no later than 60 days |
21 | | following the effective date of this amendatory Act of the 95th |
22 | | General Assembly, all fixed route public transportation |
23 | | services provided by, or under grant or purchase of service |
24 | | contract of, the Board shall be provided without charge to all |
25 | | disabled persons who meet the income eligibility limitation set |
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1 | | forth in subsection (a-5) of Section 4 of the Senior Citizens |
2 | | and Disabled Persons Property Tax Relief and Pharmaceutical |
3 | | Assistance Act, under such procedures as shall be prescribed by |
4 | | the Board. The Department on Aging shall furnish all |
5 | | information reasonably necessary to determine eligibility, |
6 | | including updated lists of individuals who are eligible for |
7 | | services without charge under this Section.
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8 | | (Source: P.A. 97-689, eff. 6-14-12.) |
9 | | Section 30. The Local Mass Transit District Act is amended |
10 | | by 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 |
14 | | 60 days following the effective date of this amendatory Act of |
15 | | the 95th General Assembly and until subsection (b) is |
16 | | implemented, any fixed route public transportation services |
17 | | provided by, or under grant or purchase of service contracts |
18 | | of, every District shall be provided without charge to all |
19 | | senior citizens of the District aged 65 and older, under such |
20 | | conditions as shall be prescribed by the District.
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21 | | (b) Notwithstanding any law to the contrary, no later than |
22 | | 180 days following the effective date of this amendatory Act of |
23 | | the 96th General Assembly, any fixed route public |
24 | | transportation services provided by, or under grant or purchase |
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1 | | of service contracts of, every District shall be provided |
2 | | without charge to senior citizens aged 65 and older who meet |
3 | | the income eligibility limitation set forth in subsection (a-5) |
4 | | of Section 4 of the Senior Citizens and Disabled Persons |
5 | | Property Tax Relief and Pharmaceutical Assistance Act, under |
6 | | such conditions as shall be prescribed by the District. The |
7 | | Department on Aging shall furnish all information reasonably |
8 | | necessary to determine eligibility, including updated lists of |
9 | | individuals who are eligible for services without charge under |
10 | | this Section. Nothing in this Section shall relieve the |
11 | | District from providing reduced fares as may be required by |
12 | | federal 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. |
16 | | Notwithstanding any law to the contrary, no later than 60 days |
17 | | following the effective date of this amendatory Act of the 95th |
18 | | General Assembly, all fixed route public transportation |
19 | | services provided by, or under grant or purchase of service |
20 | | contract of, any District shall be provided without charge to |
21 | | all disabled persons who meet the income eligibility limitation |
22 | | set forth in subsection (a-5) of Section 4 of the Senior |
23 | | Citizens and Disabled Persons Property Tax Relief and |
24 | | Pharmaceutical Assistance Act, under such procedures as shall |
25 | | be prescribed by the District. The Department on Aging shall |
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1 | | furnish all information reasonably necessary to determine |
2 | | eligibility, including updated lists of individuals who are |
3 | | eligible 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 |
6 | | amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as |
7 | | follows: |
8 | | (70 ILCS 3615/3A.15) |
9 | | Sec. 3A.15. Free services; eligibility. |
10 | | (a) Notwithstanding any law to the contrary, no later than |
11 | | 60 days following the effective date of this amendatory Act of |
12 | | the 95th General Assembly and until subsection (b) is |
13 | | implemented, any fixed route public transportation services |
14 | | provided by, or under grant or purchase of service contracts |
15 | | of, the Suburban Bus Board shall be provided without charge to |
16 | | all senior citizens of the Metropolitan Region aged 65 and |
17 | | older, under such conditions as shall be prescribed by the |
18 | | Suburban Bus Board. |
19 | | (b) Notwithstanding any law to the contrary, no later than |
20 | | 180 days following the effective date of this amendatory Act of |
21 | | the 96th General Assembly, any fixed route public |
22 | | transportation services provided by, or under grant or purchase |
23 | | of service contracts of, the Suburban Bus Board shall be |
24 | | provided without charge to senior citizens aged 65 and older |
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1 | | who meet the income eligibility limitation set forth in |
2 | | subsection (a-5) of Section 4 of the Senior Citizens and |
3 | | Disabled Persons Property Tax Relief and Pharmaceutical |
4 | | Assistance Act, under such conditions as shall be prescribed by |
5 | | the Suburban Bus Board. The Department on Aging shall furnish |
6 | | all information reasonably necessary to determine eligibility, |
7 | | including updated lists of individuals who are eligible for |
8 | | services without charge under this Section. Nothing in this |
9 | | Section shall relieve the Suburban Bus Board from providing |
10 | | reduced 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. |
14 | | Notwithstanding any law to the contrary, no later than 60 days |
15 | | following the effective date of this amendatory Act of the 95th |
16 | | General Assembly, all fixed route public transportation |
17 | | services provided by, or under grant or purchase of service |
18 | | contract of, the Suburban Bus Board shall be provided without |
19 | | charge to all disabled persons who meet the income eligibility |
20 | | limitation set forth in subsection (a-5) of Section 4 of the |
21 | | Senior Citizens and Disabled Persons Property Tax Relief and |
22 | | Pharmaceutical Assistance Act, under such procedures as shall |
23 | | be prescribed by the Board. The Department on Aging shall |
24 | | furnish all information reasonably necessary to determine |
25 | | eligibility, including updated lists of individuals who are |
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1 | | eligible 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 |
6 | | 60 days following the effective date of this amendatory Act of |
7 | | the 95th General Assembly and until subsection (b) is |
8 | | implemented, any fixed route public transportation services |
9 | | provided by, or under grant or purchase of service contracts |
10 | | of, the Commuter Rail Board shall be provided without charge to |
11 | | all senior citizens of the Metropolitan Region aged 65 and |
12 | | older, under such conditions as shall be prescribed by the |
13 | | Commuter Rail Board. |
14 | | (b) Notwithstanding any law to the contrary, no later than |
15 | | 180 days following the effective date of this amendatory Act of |
16 | | the 96th General Assembly, any fixed route public |
17 | | transportation services provided by, or under grant or purchase |
18 | | of service contracts of, the Commuter Rail Board shall be |
19 | | provided without charge to senior citizens aged 65 and older |
20 | | who meet the income eligibility limitation set forth in |
21 | | subsection (a-5) of Section 4 of the Senior Citizens and |
22 | | Disabled Persons Property Tax Relief and Pharmaceutical |
23 | | Assistance Act, under such conditions as shall be prescribed by |
24 | | the Commuter Rail Board. The Department on Aging shall furnish |
25 | | all information reasonably necessary to determine eligibility, |
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1 | | including updated lists of individuals who are eligible for |
2 | | services without charge under this Section. Nothing in this |
3 | | Section shall relieve the Commuter Rail Board from providing |
4 | | reduced 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. |
8 | | Notwithstanding any law to the contrary, no later than 60 days |
9 | | following the effective date of this amendatory Act of the 95th |
10 | | General Assembly, all fixed route public transportation |
11 | | services provided by, or under grant or purchase of service |
12 | | contract of, the Commuter Rail Board shall be provided without |
13 | | charge to all disabled persons who meet the income eligibility |
14 | | limitation set forth in subsection (a-5) of Section 4 of the |
15 | | Senior Citizens and Disabled Persons Property Tax Relief and |
16 | | Pharmaceutical Assistance Act, under such procedures as shall |
17 | | be prescribed by the Board. The Department on Aging shall |
18 | | furnish all information reasonably necessary to determine |
19 | | eligibility, including updated lists of individuals who are |
20 | | eligible 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 |
23 | | changing Section 1 as follows:
|
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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 |
4 | | University of
Illinois, Southern Illinois University,
Chicago |
5 | | State University, Eastern Illinois University, Governors State
|
6 | | University, Illinois State University, Northeastern Illinois |
7 | | University,
Northern Illinois University, Western Illinois |
8 | | University, and
the public community colleges subject to the |
9 | | "Public Community College Act".
|
10 | | (b) "Credit Course" means any program of study for which |
11 | | public
institutions of higher education award credit hours.
|
12 | | (c) "Senior citizen" means any person 65 years or older |
13 | | whose annual
household income is less than the threshold amount |
14 | | provided in Section 4 of
the "Senior Citizens and Disabled |
15 | | Persons Property Tax Relief and Pharmaceutical Assistance |
16 | | Act", 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 |
19 | | changing 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 |
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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 |
12 | | this Act, the
corporation, subject to the following |
13 | | limitations, may prepare and furnish
to any State agency an |
14 | | enclosure 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 |
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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 |
12 | | all reasonable
incremental costs incurred by the State agency |
13 | | in complying with this
Section above the agency's normal |
14 | | mailing 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.)
|
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1 | | Section 35. The Illinois Public Aid Code is amended by |
2 | | changing Sections 3-1.2, 3-5, 4-1.6, 4-2, 5-2, 5-4, 5A-8, |
3 | | 6-1.2, 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 |
6 | | added to
contributions in money, substance, or services from |
7 | | other sources,
including contributions from legally |
8 | | responsible relatives, must be
insufficient to equal the grant |
9 | | amount established by Department regulation
for such person.
|
10 | | In determining earned income to be taken into account, |
11 | | consideration
shall be given to any expenses reasonably |
12 | | attributable to the earning of
such income. If federal law or |
13 | | regulations permit or require exemption
of earned or other |
14 | | income and resources, the Illinois Department shall
provide by |
15 | | rule and regulation that the amount of income to be
disregarded |
16 | | be increased (1) to the maximum extent so required and (2)
to |
17 | | the maximum extent permitted by federal law or regulation in |
18 | | effect
as of the date this Amendatory Act becomes law. The |
19 | | Illinois Department
may also provide by rule and regulation |
20 | | that the amount of resources to
be disregarded be increased to |
21 | | the maximum extent so permitted or required. Subject to federal |
22 | | approval, resources (for example, land, buildings, equipment, |
23 | | supplies, or tools), including farmland property and personal |
24 | | property used in the income-producing operations related to the |
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1 | | farmland (for example, equipment and supplies, motor vehicles, |
2 | | or tools), necessary for self-support, up to $6,000 of the |
3 | | person's equity in the income-producing property, provided |
4 | | that the property produces a net annual income of at least 6% |
5 | | of the excluded equity value of the property, are exempt. |
6 | | Equity value in excess of $6,000 shall not be excluded if the |
7 | | activity produces income that is less than 6% of the exempt |
8 | | equity due to reasons beyond the person's control (for example, |
9 | | the person's illness or crop failure) and there is a reasonable |
10 | | expectation that the property will again produce income equal |
11 | | to or greater than 6% of the equity value (for example, a |
12 | | medical prognosis that the person is expected to respond to |
13 | | treatment or that drought-resistant corn will be planted). If |
14 | | the person owns more than one piece of property and each |
15 | | produces income, each piece of property shall be looked at to |
16 | | determine whether the 6% rule is met, and then the amounts of |
17 | | the person's equity in all of those properties shall be totaled |
18 | | to determine whether the total equity is $6,000 or less. The |
19 | | total equity value of all properties that is exempt shall be |
20 | | limited to $6,000.
|
21 | | In determining the resources of an individual or any |
22 | | dependents, the
Department shall exclude from consideration |
23 | | the value of funeral and burial
spaces, funeral and
burial |
24 | | insurance the proceeds of which can only be used to pay the |
25 | | funeral
and burial expenses of the insured and funds |
26 | | specifically set aside for the
funeral and burial arrangements |
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1 | | of the individual or his or her dependents,
including prepaid |
2 | | funeral and burial plans, to the same extent that such
items |
3 | | are excluded from consideration under the federal Supplemental
|
4 | | Security Income program (SSI). |
5 | | Prepaid funeral or burial contracts are exempt to the |
6 | | following 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 |
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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 |
22 | | contrary, an irrevocable trust containing the resources of a |
23 | | person who is determined to have a disability shall be |
24 | | considered exempt from consideration. Such trust must be |
25 | | established and managed by a non-profit association that pools |
26 | | funds but maintains a separate account for each beneficiary. |
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1 | | The trust may be established by the person, a parent, |
2 | | grandparent, legal guardian, or court. It must be established |
3 | | for the sole benefit of the person and language contained in |
4 | | the trust shall stipulate that any amount remaining in the |
5 | | trust (up to the amount expended by the Department on medical |
6 | | assistance) that is not retained by the trust for reasonable |
7 | | administrative costs related to wrapping up the affairs of the |
8 | | subaccount shall be paid to the Department upon the death of |
9 | | the person. After a person reaches age 65, any funding by or on |
10 | | behalf of the person to the trust shall be treated as a |
11 | | transfer of assets for less than fair market value unless the |
12 | | person is a ward of a county public guardian or the State |
13 | | guardian pursuant to Section 13-5 of the Probate Act of 1975 or |
14 | | Section 30 of the Guardianship and Advocacy Act and lives in |
15 | | the community, or the person is a ward of a county public |
16 | | guardian or the State guardian pursuant to Section 13-5 of the |
17 | | Probate Act of 1975 or Section 30 of the Guardianship and |
18 | | Advocacy Act and a court has found that any expenditures from |
19 | | the trust will maintain or enhance the person's quality of |
20 | | life. If the trust contains proceeds from a personal injury |
21 | | settlement, any Department charge must be satisfied in order |
22 | | for the transfer to the trust to be treated as a transfer for |
23 | | fair market value. |
24 | | The homestead shall be exempt from consideration except to |
25 | | the extent
that it meets the income and shelter needs of the |
26 | | person. "Homestead"
means the dwelling house and contiguous |
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1 | | real estate owned and occupied
by the person, regardless of its |
2 | | value. Subject to federal approval, a person shall not be |
3 | | eligible for long-term care services, however, if the person's |
4 | | equity interest in his or her homestead exceeds the minimum |
5 | | home equity as allowed and increased annually under federal |
6 | | law. Subject to federal approval, on and after the effective |
7 | | date of this amendatory Act of the 97th General Assembly, |
8 | | homestead property transferred to a trust shall no longer be |
9 | | considered homestead property.
|
10 | | Occasional or irregular gifts in cash, goods or services |
11 | | from persons
who are not legally responsible relatives which |
12 | | are of nominal value or
which do not have significant effect in |
13 | | meeting essential requirements
shall be disregarded. The |
14 | | eligibility of any applicant for or recipient
of public aid |
15 | | under this Article is not affected by the payment of any
grant |
16 | | under the "Senior Citizens and Disabled Persons Property Tax
|
17 | | Relief and Pharmaceutical Assistance Act" or any distributions |
18 | | or items of
income described under subparagraph (X) of |
19 | | paragraph (2) of subsection (a) of
Section 203 of the Illinois |
20 | | Income Tax Act.
|
21 | | The Illinois Department may, after appropriate |
22 | | investigation, establish
and implement a consolidated standard |
23 | | to determine need and eligibility
for and amount of benefits |
24 | | under this Article or a uniform cash supplement
to the federal |
25 | | Supplemental Security Income program for all or any part
of the |
26 | | then current recipients under this Article; provided, however, |
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1 | | that
the establishment or implementation of such a standard or |
2 | | supplement shall
not result in reductions in benefits under |
3 | | this 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 |
7 | | aid granted
to or in behalf of aged, blind, or disabled persons |
8 | | shall be determined
in accordance with the standards, grant |
9 | | amounts, rules and regulations of
the Illinois Department. Due |
10 | | regard shall be given to the requirements
and conditions |
11 | | existing in each case, and to the amount of property
owned and |
12 | | the income, money contributions, and other support, and
|
13 | | resources received or obtainable by the person, from whatever |
14 | | source.
However, the amount and nature of any financial aid is |
15 | | not affected by
the payment of any grant under the "Senior |
16 | | Citizens and Disabled Persons
Property Tax Relief and |
17 | | Pharmaceutical Assistance Act" or any distributions
or items of |
18 | | income described under subparagraph (X) of paragraph (2) of
|
19 | | subsection (a) of Section 203 of the Illinois Income Tax Act. |
20 | | The aid shall
be sufficient, when added to all other income, |
21 | | money contributions and
support, to provide the person with a |
22 | | grant in the amount established by
Department regulation for |
23 | | such a person, based upon standards providing a
livelihood |
24 | | compatible with health and well-being. Financial aid under this |
25 | | Article granted to persons who have been found ineligible for |
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1 | | Supplemental Security Income (SSI) due to expiration of the |
2 | | period of eligibility for refugees and asylees pursuant to 8 |
3 | | U.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 |
7 | | by the
Illinois Department by rule, or to the child
in the case |
8 | | of a child removed from his or her home, when added to
|
9 | | contributions in money, substance or services from other |
10 | | sources,
including income available from parents absent from |
11 | | the home or from a
stepparent, contributions made for the |
12 | | benefit of the parent or other
persons necessary to provide |
13 | | care and supervision to the child, and
contributions from |
14 | | legally responsible relatives, must be equal to or less than |
15 | | the grant amount established by Department regulation for such
|
16 | | a person. For purposes of eligibility for aid under this |
17 | | Article, the Department shall disregard all earned income |
18 | | between the grant amount and 50% of the Federal Poverty Level.
|
19 | | In considering income to be taken into account, |
20 | | consideration shall
be given to any expenses reasonably |
21 | | attributable to the earning of such
income. Three-fourths of |
22 | | the earned income of a household eligible for aid under this |
23 | | Article shall be disregarded when determining the level of |
24 | | assistance for which a household is eligible. The Illinois |
25 | | Department may also permit all or any
portion of earned or |
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1 | | other income to be set aside for the future
identifiable needs |
2 | | of a child. The Illinois Department
may provide by rule and |
3 | | regulation for the exemptions thus permitted or
required. The |
4 | | eligibility of any applicant for or recipient of public
aid |
5 | | under this Article is not affected by the payment of any grant |
6 | | under
the "Senior Citizens and Disabled Persons Property Tax |
7 | | Relief and Pharmaceutical Assistance Act" or any distributions |
8 | | or items of income
described under subparagraph (X) of
|
9 | | paragraph (2) of subsection (a) of Section 203 of the Illinois |
10 | | Income Tax
Act.
|
11 | | The Illinois Department may, by rule, set forth criteria |
12 | | under which an
assistance unit is ineligible for cash |
13 | | assistance under this Article for a
specified number of months |
14 | | due 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 |
19 | | determined in accordance
with the grant amounts, rules and |
20 | | regulations of the Illinois Department. Due
regard shall be |
21 | | given to the self-sufficiency requirements of the family and to
|
22 | | the income, money contributions and other support and resources |
23 | | available, from
whatever source. However, the amount and nature |
24 | | of any financial aid is not
affected by the payment of any |
25 | | grant under the "Senior Citizens and Disabled
Persons Property |
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1 | | Tax Relief and Pharmaceutical Assistance Act" or any
|
2 | | distributions or items of income described under subparagraph |
3 | | (X) of paragraph
(2) of subsection (a) of Section 203 of the |
4 | | Illinois Income Tax Act. The aid
shall be sufficient, when |
5 | | added to all other income, money contributions and
support to |
6 | | provide the family with a grant in the amount established by
|
7 | | Department regulation.
|
8 | | Subject to appropriation, beginning on July 1, 2008, the |
9 | | Department of Human Services shall increase TANF grant amounts |
10 | | in effect on June 30, 2008 by 15%. The Department is authorized |
11 | | to administer this increase but may not otherwise adopt any |
12 | | rule to implement this increase. |
13 | | (b) The Illinois Department may conduct special projects, |
14 | | which may be
known as Grant Diversion Projects, under which |
15 | | recipients of financial aid
under this Article are placed in |
16 | | jobs and their grants are diverted to the
employer who in turn |
17 | | makes payments to the recipients in the form of salary
or other |
18 | | employment benefits. The Illinois Department shall by rule |
19 | | specify
the terms and conditions of such Grant Diversion |
20 | | Projects. Such projects
shall take into consideration and be |
21 | | coordinated with the programs
administered under the Illinois |
22 | | Emergency Employment Development Act.
|
23 | | (c) The amount and nature of the financial aid for a child |
24 | | requiring
care outside his own home shall be determined in |
25 | | accordance with the rules
and regulations of the Illinois |
26 | | Department, with due regard to the needs
and requirements of |
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1 | | the child in the foster home or institution in which
he has |
2 | | been placed.
|
3 | | (d) If the Department establishes grants for family units |
4 | | consisting
exclusively of a pregnant woman with no dependent |
5 | | child or including her
husband if living with her, the grant |
6 | | amount for such a unit
shall be equal to the grant amount for |
7 | | an assistance unit consisting of one
adult, or 2 persons if the |
8 | | husband is included. Other than as herein
described, an unborn |
9 | | child shall not be counted
in determining the size of an |
10 | | assistance unit or for calculating grants.
|
11 | | Payments for basic maintenance requirements of a child or |
12 | | children
and the relative with whom the child or children are |
13 | | living shall be
prescribed, by rule, by the Illinois |
14 | | Department.
|
15 | | Grants under this Article shall not be supplemented by |
16 | | General
Assistance provided under Article VI.
|
17 | | (e) Grants shall be paid to the parent or other person with |
18 | | whom the
child or children are living, except for such amount |
19 | | as is paid in
behalf of the child or his parent or other |
20 | | relative to other persons or
agencies pursuant to this Code or |
21 | | the rules and regulations of the
Illinois Department.
|
22 | | (f) Subject to subsection (f-5), an assistance unit, |
23 | | receiving
financial
aid under this Article or
temporarily |
24 | | ineligible to receive aid under this Article under a penalty
|
25 | | imposed by the Illinois Department for failure to comply with |
26 | | the eligibility
requirements or that voluntarily requests |
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1 | | termination of financial assistance
under this Article and |
2 | | becomes subsequently eligible for assistance within 9
months, |
3 | | shall not receive any increase in the amount of aid solely on |
4 | | account
of the birth of a child; except that an increase is not |
5 | | prohibited when the
birth is (i) of a child of a pregnant woman
|
6 | | who became eligible for aid under this Article during the |
7 | | pregnancy,
or (ii) of a child born within 10 months after the |
8 | | date of implementation of
this subsection, or (iii) of a child |
9 | | conceived after a family became
ineligible for assistance due |
10 | | to income or marriage and at least 3 months of
ineligibility |
11 | | expired before any reapplication for assistance. This |
12 | | subsection
does not, however, prevent a unit from receiving a |
13 | | general increase in the
amount of aid that is provided to all |
14 | | recipients of aid under this Article.
|
15 | | The Illinois Department is authorized to transfer funds, |
16 | | and shall use any
budgetary savings attributable to not |
17 | | increasing the grants due to the births
of additional children, |
18 | | to supplement existing funding for employment and
training |
19 | | services for recipients of aid under this Article IV. The |
20 | | Illinois
Department shall target, to the extent the |
21 | | supplemental funding allows,
employment and training services |
22 | | to the families who do not receive a grant
increase after the |
23 | | birth of a child. In addition, the Illinois Department
shall |
24 | | provide, to the extent the supplemental funding allows, such |
25 | | families
with up to 24 months of transitional child care |
26 | | pursuant to Illinois Department
rules. All remaining |
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1 | | supplemental funds shall be used for employment and
training |
2 | | services or transitional child care support.
|
3 | | In making the transfers authorized by this subsection, the |
4 | | Illinois
Department shall first determine, pursuant to |
5 | | regulations adopted by the
Illinois Department for this |
6 | | purpose, the amount of savings attributable to
not increasing |
7 | | the grants due to the births of additional children. Transfers
|
8 | | may be made from General Revenue Fund appropriations for |
9 | | distributive purposes
authorized by Article IV of this Code |
10 | | only to General Revenue Fund
appropriations for employability |
11 | | development services including operating
and administrative |
12 | | costs and related distributive purposes under Article
IXA of |
13 | | this Code. The Director, with the approval of the Governor, |
14 | | shall
certify the amount and affected line item appropriations |
15 | | to the State
Comptroller.
|
16 | | Nothing in this subsection shall be construed to prohibit |
17 | | the Illinois
Department from using funds under this Article IV |
18 | | to provide
assistance in the form of vouchers
that may be used |
19 | | to pay for goods and services deemed by the Illinois
|
20 | | Department, by rule, as suitable for the care of the child such |
21 | | as diapers,
clothing, school supplies, and cribs.
|
22 | | (f-5) Subsection (f) shall not apply to affect the monthly |
23 | | assistance
amount of
any family as a result of the birth of a |
24 | | child on or after January 1, 2004.
As resources permit after |
25 | | January 1, 2004, the Department may
cease applying subsection |
26 | | (f) to limit assistance to families receiving
assistance under |
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1 | | this Article on January 1, 2004, with respect to children
born |
2 | | prior to that date. In any event, subsection (f) shall be |
3 | | completely
inoperative on and after July 1, 2007.
|
4 | | (g) (Blank).
|
5 | | (h) Notwithstanding any other provision of this Code, the |
6 | | Illinois
Department is authorized to reduce payment levels used |
7 | | to determine cash grants
under this Article after December 31 |
8 | | of any fiscal year if the Illinois
Department determines that |
9 | | the caseload upon which the appropriations for the
current |
10 | | fiscal year are based have increased by more than 5% and the
|
11 | | appropriation is not sufficient to ensure that
cash benefits |
12 | | under this Article do not exceed the amounts appropriated for
|
13 | | those cash benefits. Reductions in payment levels may be |
14 | | accomplished by
emergency rule under Section 5-45 of the |
15 | | Illinois Administrative Procedure Act,
except that the |
16 | | limitation on the number of emergency rules that may be adopted
|
17 | | in a 24-month period shall not apply and the provisions of |
18 | | Sections 5-115 and
5-125 of the Illinois Administrative |
19 | | Procedure Act shall not apply.
Increases in payment levels |
20 | | shall be accomplished only in accordance with
Section 5-40 of |
21 | | the Illinois Administrative Procedure Act. Before any rule
to |
22 | | increase payment levels
promulgated under this Section shall |
23 | | become effective, a joint resolution
approving the rule must be |
24 | | adopted by a roll call vote by a majority of the
members |
25 | | elected 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 |
3 | | under this
Article shall be available to any of the following |
4 | | classes of persons in
respect to whom a plan for coverage has |
5 | | been submitted to the Governor
by the Illinois Department and |
6 | | approved 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
|
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
22 | | Department is authorized to adopt only those rules necessary, |
23 | | including emergency rules. Nothing in Public Act 96-20 permits |
24 | | the Department to adopt rules or issue a decision that expands |
25 | | eligibility for the FamilyCare Program to a person whose income |
26 | | exceeds 185% of the Federal Poverty Level as determined from |
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1 | | time to time by the U.S. Department of Health and Human |
2 | | Services, unless the Department is provided with express |
3 | | statutory authority. |
4 | | The Illinois Department and the Governor shall provide a |
5 | | plan for
coverage of the persons eligible under paragraph 7 as |
6 | | soon as possible after
July 1, 1984.
|
7 | | The eligibility of any such person for medical assistance |
8 | | under this
Article is not affected by the payment of any grant |
9 | | under the Senior
Citizens and Disabled Persons Property Tax |
10 | | Relief and Pharmaceutical Assistance Act or any distributions |
11 | | or items of income described under
subparagraph (X) of
|
12 | | paragraph (2) of subsection (a) of Section 203 of the Illinois |
13 | | Income Tax
Act. The Department shall by rule establish the |
14 | | amounts of
assets to be disregarded in determining eligibility |
15 | | for medical assistance,
which shall at a minimum equal the |
16 | | amounts to be disregarded under the
Federal Supplemental |
17 | | Security Income Program. The amount of assets of a
single |
18 | | person to be disregarded
shall not be less than $2,000, and the |
19 | | amount of assets of a married couple
to be disregarded shall |
20 | | not be less than $3,000.
|
21 | | To the extent permitted under federal law, any person found |
22 | | guilty of a
second violation of Article VIIIA
shall be |
23 | | ineligible for medical assistance under this Article, as |
24 | | provided
in Section 8A-8.
|
25 | | The eligibility of any person for medical assistance under |
26 | | this Article
shall not be affected by the receipt by the person |
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1 | | of donations or benefits
from fundraisers held for the person |
2 | | in cases of serious illness,
as long as neither the person nor |
3 | | members of the person's family
have actual control over the |
4 | | donations or benefits or the disbursement
of the donations or |
5 | | benefits.
|
6 | | Notwithstanding any other provision of this Code, if the |
7 | | United States Supreme Court holds Title II, Subtitle A, Section |
8 | | 2001(a) of Public Law 111-148 to be unconstitutional, or if a |
9 | | holding of Public Law 111-148 makes Medicaid eligibility |
10 | | allowed under Section 2001(a) inoperable, the State or a unit |
11 | | of local government shall be prohibited from enrolling |
12 | | individuals in the Medical Assistance Program as the result of |
13 | | federal approval of a State Medicaid waiver on or after the |
14 | | effective date of this amendatory Act of the 97th General |
15 | | Assembly, and any individuals enrolled in the Medical |
16 | | Assistance Program pursuant to eligibility permitted as a |
17 | | result of such a State Medicaid waiver shall become immediately |
18 | | ineligible. |
19 | | Notwithstanding any other provision of this Code, if an Act |
20 | | of Congress that becomes a Public Law eliminates Section |
21 | | 2001(a) of Public Law 111-148, the State or a unit of local |
22 | | government shall be prohibited from enrolling individuals in |
23 | | the Medical Assistance Program as the result of federal |
24 | | approval of a State Medicaid waiver on or after the effective |
25 | | date of this amendatory Act of the 97th General Assembly, and |
26 | | any individuals enrolled in the Medical Assistance Program |
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1 | | pursuant to eligibility permitted as a result of such a State |
2 | | Medicaid waiver shall become immediately ineligible. |
3 | | (Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09; |
4 | | 96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff. |
5 | | 7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48, |
6 | | eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11; |
7 | | 97-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff. |
8 | | 7-13-12; 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 |
12 | | determined in accordance
with the standards, rules, and |
13 | | regulations of the Department of Healthcare and Family |
14 | | Services, with due regard to the requirements and conditions in |
15 | | each case,
including contributions available from legally |
16 | | responsible
relatives. However, the amount and nature of such |
17 | | medical assistance shall
not be affected by the payment of any |
18 | | grant under the Senior Citizens and
Disabled Persons Property |
19 | | Tax Relief and Pharmaceutical Assistance Act or any
|
20 | | distributions or items of income described under subparagraph |
21 | | (X) of
paragraph (2) of subsection (a) of Section 203 of the |
22 | | Illinois Income Tax
Act.
The amount and nature of medical |
23 | | assistance shall not be affected by the
receipt of donations or |
24 | | benefits from fundraisers in cases of serious
illness, as long |
25 | | as neither the person nor members of the person's family
have |
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1 | | actual control over the donations or benefits or the |
2 | | disbursement of
the donations or benefits.
|
3 | | In determining the income and resources available to the |
4 | | institutionalized
spouse and to the community spouse, the |
5 | | Department of Healthcare and Family Services
shall follow the |
6 | | procedures established by federal law. If an institutionalized |
7 | | spouse or community spouse refuses to comply with the |
8 | | requirements of Title XIX of the federal Social Security Act |
9 | | and the regulations duly promulgated thereunder by failing to |
10 | | provide the total value of assets, including income and |
11 | | resources, to the extent either the institutionalized spouse or |
12 | | community spouse has an ownership interest in them pursuant to |
13 | | 42 U.S.C. 1396r-5, such refusal may result in the |
14 | | institutionalized spouse being denied eligibility and |
15 | | continuing to remain ineligible for the medical assistance |
16 | | program based on failure to cooperate. |
17 | | Subject to federal approval, the community spouse
resource |
18 | | allowance shall be established and maintained at the higher of |
19 | | $109,560 or the minimum level
permitted pursuant to Section |
20 | | 1924(f)(2) of the Social Security Act, as now
or hereafter |
21 | | amended, or an amount set after a fair hearing, whichever is
|
22 | | greater. The monthly maintenance allowance for the community |
23 | | spouse shall be
established and maintained at the higher of |
24 | | $2,739 per month or the minimum level permitted pursuant to |
25 | | Section
1924(d)(3)(C) of the Social Security Act, as now or |
26 | | hereafter amended, or an amount set after a fair hearing, |
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1 | | whichever is greater. Subject
to the approval of the Secretary |
2 | | of the United States Department of Health and
Human Services, |
3 | | the provisions of this Section shall be extended to persons who
|
4 | | but for the provision of home or community-based services under |
5 | | Section
4.02 of the Illinois Act on the Aging, would require |
6 | | the level of care provided
in an institution, as is provided |
7 | | for in federal law.
|
8 | | (b) Spousal support for institutionalized spouses |
9 | | receiving 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 |
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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 |
19 | | Provider Fund.
Interest earned by the Fund shall be credited to |
20 | | the Fund. The
Fund shall not be used to replace any moneys |
21 | | appropriated to the
Medicaid program by the General Assembly.
|
22 | | (b) The Fund is created for the purpose of receiving moneys
|
23 | | in accordance with Section 5A-6 and disbursing moneys only for |
24 | | the following
purposes, notwithstanding any other provision of |
25 | | law:
|
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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.
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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 |
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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 |
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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 |
12 | | authorized under
paragraphs (5) and (6) of this subsection, |
13 | | shall be by
warrants drawn by the State Comptroller upon |
14 | | receipt of vouchers
duly executed and certified by the Illinois |
15 | | Department.
|
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 |
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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, |
6 | | eff. 11-20-09; 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; |
7 | | 97-689, 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 |
10 | | added to
contributions in money, substance, or services from |
11 | | other sources,
including contributions from legally |
12 | | responsible relatives, must be
insufficient to equal the grant |
13 | | amount established by Department regulation
(or by local |
14 | | governmental unit in units which do not receive State funds)
|
15 | | for 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 |
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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 |
6 | | wages, salary,
or commission for personal services performed as |
7 | | an employee. The eligibility
of any applicant for or recipient |
8 | | of public aid under this Article is not
affected by the payment |
9 | | of any grant under the "Senior Citizens and Disabled
Persons |
10 | | Property Tax Relief and Pharmaceutical Assistance Act", any
|
11 | | refund
or payment of the federal Earned Income Tax Credit, or |
12 | | any distributions or
items of income described under |
13 | | subparagraph (X) of
paragraph (2) of subsection (a) of Section |
14 | | 203 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 |
18 | | Assistance
for basic maintenance requirements shall be |
19 | | determined in accordance
with local budget standards for local |
20 | | governmental units which do not receive
State funds. For local |
21 | | governmental units which do receive State funds,
the amount and |
22 | | nature of General Assistance for basic maintenance |
23 | | requirements
shall be determined in accordance with the |
24 | | standards, rules and regulations
of the Illinois Department. |
25 | | However,
the amount and nature of any
financial aid is not |
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1 | | affected by the payment of any grant under the
Senior Citizens |
2 | | and Disabled Persons Property Tax Relief and Pharmaceutical |
3 | | Assistance Act
or any distributions or items of income |
4 | | described under subparagraph (X) of
paragraph (2) of subsection |
5 | | (a) of Section 203 of the Illinois Income Tax
Act. Due regard |
6 | | shall be given to the
requirements and the conditions existing |
7 | | in each case, and to the income,
money contributions and other |
8 | | support and resources available, from
whatever source. In local |
9 | | governmental units which do not receive State
funds, the grant |
10 | | shall be sufficient when added to all other income, money
|
11 | | contributions and support in excess of any excluded income or |
12 | | resources, to
provide the person with a grant in the amount |
13 | | established for such a person
by the local governmental unit |
14 | | based upon standards meeting basic
maintenance requirements. |
15 | | In local governmental units which
do receive State funds, the |
16 | | grant shall be sufficient when added to all
other income, money |
17 | | contributions and support in excess of any excluded
income or |
18 | | resources, to provide the person with a grant in the amount
|
19 | | established for such a person by Department regulation based |
20 | | upon standards
providing a livelihood compatible with health |
21 | | and well-being, as directed
by Section 12-4.11 of this Code.
|
22 | | The Illinois Department may conduct special projects, |
23 | | which may be
known as Grant Diversion Projects, under which |
24 | | recipients of financial aid
under this Article are placed in |
25 | | jobs and their grants are diverted to the
employer who in turn |
26 | | makes payments to the recipients in the form of salary
or other |
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1 | | employment benefits. The Illinois Department shall by rule |
2 | | specify
the terms and conditions of such Grant Diversion |
3 | | Projects. Such projects
shall take into consideration and be |
4 | | coordinated with the programs
administered under the Illinois |
5 | | Emergency Employment Development Act.
|
6 | | The allowances provided under Article IX for recipients |
7 | | participating in
the training and rehabilitation programs |
8 | | shall be in addition to such
maximum payment.
|
9 | | Payments may also be made to provide persons receiving |
10 | | basic
maintenance support with necessary treatment, care and |
11 | | supplies required
because of illness or disability or with |
12 | | acute medical treatment, care,
and supplies.
Payments for |
13 | | necessary or acute medical
care under
this paragraph may be |
14 | | made to or in behalf of the person. Obligations
incurred for |
15 | | such services but not paid for at the time of a recipient's
|
16 | | death may be paid, subject to the rules and regulations of the |
17 | | Illinois
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 |
21 | | Public Aid Recoveries Trust Fund shall consist of (1)
|
22 | | recoveries by the Department of Healthcare and Family Services |
23 | | (formerly Illinois Department of Public Aid) authorized by this |
24 | | Code
in respect to applicants or recipients under Articles III, |
25 | | IV, V, and VI,
including recoveries made by the Department of |
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1 | | Healthcare and Family Services (formerly Illinois Department |
2 | | of Public
Aid) from the estates of deceased recipients, (2) |
3 | | recoveries made by the
Department of Healthcare and Family |
4 | | Services (formerly Illinois Department of Public Aid) in |
5 | | respect to applicants and recipients under
the Children's |
6 | | Health Insurance Program Act, and the Covering ALL KIDS Health |
7 | | Insurance Act, and the Senior Citizens and Disabled Persons
|
8 | | Property Tax Relief and Pharmaceutical Assistance Act, (3) |
9 | | federal funds received on
behalf of and earned by State |
10 | | universities and local governmental entities
for services |
11 | | provided to
applicants or recipients covered under this Code, |
12 | | the Children's Health Insurance Program Act, and the Covering |
13 | | ALL KIDS Health Insurance Act, and the Senior Citizens and
|
14 | | Disabled Persons Property Tax Relief and Pharmaceutical
|
15 | | Assistance Act, (3.5) federal financial participation revenue |
16 | | related to eligible disbursements made by the Department of |
17 | | Healthcare and Family Services from appropriations required by |
18 | | this Section, and (4) all other moneys received to the Fund, |
19 | | including interest thereon. The Fund shall be held
as a special |
20 | | fund in the State Treasury.
|
21 | | Disbursements from this Fund shall be only (1) for the |
22 | | reimbursement of
claims collected by the Department of |
23 | | Healthcare and Family Services (formerly Illinois Department |
24 | | of Public Aid) through error
or mistake, (2) for payment to |
25 | | persons or agencies designated as payees or
co-payees on any |
26 | | instrument, whether or not negotiable, delivered to the
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1 | | Department of Healthcare and Family Services (formerly
|
2 | | Illinois Department of Public Aid) as a recovery under this |
3 | | Section, such
payment to be in proportion to the respective |
4 | | interests of the payees in the
amount so collected, (3) for |
5 | | payments to the Department of Human Services
for collections |
6 | | made by the Department of Healthcare and Family Services |
7 | | (formerly Illinois Department of Public Aid) on behalf of
the |
8 | | Department of Human Services under this Code, the Children's |
9 | | Health Insurance Program Act, and the Covering ALL KIDS Health |
10 | | Insurance Act, (4) for payment of
administrative expenses |
11 | | incurred in performing the
activities authorized under this |
12 | | Code, the Children's Health Insurance Program Act, and the |
13 | | Covering ALL KIDS Health Insurance Act, and the Senior Citizens
|
14 | | and Disabled Persons Property Tax Relief and Pharmaceutical
|
15 | | Assistance Act, (5)
for payment of fees to persons or agencies |
16 | | in the performance of activities
pursuant to the collection of |
17 | | monies owed the State that are collected
under this Code, the |
18 | | Children's Health Insurance Program Act, and the Covering ALL |
19 | | KIDS Health Insurance Act, and the Senior Citizens and Disabled
|
20 | | Persons Property Tax Relief and Pharmaceutical Assistance Act, |
21 | | (6) for payments of any amounts which are
reimbursable to the |
22 | | federal government which are required to be paid by State
|
23 | | warrant by either the State or federal government, and (7) for |
24 | | payments
to State universities and local governmental entities |
25 | | of federal funds for
services provided to
applicants or |
26 | | recipients covered under this Code, the Children's Health |
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1 | | Insurance Program Act, and the Covering ALL KIDS Health |
2 | | Insurance Act , and the Senior Citizens and Disabled Persons
|
3 | | Property Tax Relief and Pharmaceutical Assistance Act . |
4 | | Disbursements
from this Fund for purposes of items (4) and (5) |
5 | | of this
paragraph shall be subject to appropriations from the |
6 | | Fund 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 |
9 | | quarter, after
payment therefrom of any amounts reimbursable to |
10 | | the federal government, and
minus the amount reasonably |
11 | | anticipated to be needed to make the disbursements
during that |
12 | | quarter authorized by this Section, shall be certified by the
|
13 | | Director of Healthcare and Family Services and transferred by |
14 | | the
State Comptroller to the Drug Rebate Fund or the Healthcare |
15 | | Provider Relief Fund in
the State Treasury, as appropriate, |
16 | | within 30 days of the first day of
each calendar quarter. The |
17 | | Director of Healthcare and Family Services may certify and the |
18 | | State Comptroller shall transfer to the Drug Rebate Fund |
19 | | amounts on a more frequent basis.
|
20 | | On July 1, 1999, the State Comptroller shall transfer the |
21 | | sum of $5,000,000
from the Public Aid Recoveries Trust Fund |
22 | | (formerly the Public Assistance
Recoveries Trust Fund) into the |
23 | | DHS Recoveries Trust Fund.
|
24 | | (Source: P.A. 96-1100, eff. 1-1-11; 97-647, eff. 1-1-12; |
25 | | 97-689, eff. 6-14-12.)
|
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1 | | Section 40. The Senior Citizens and Disabled Persons |
2 | | Property Tax Relief Act is amended by changing the title of the |
3 | | Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, 9, |
4 | | 12, and 13 as follows:
|
5 | | (320 ILCS 25/Act title)
|
6 | | An Act in relation to the payment of grants to enable the |
7 | | elderly and
the disabled to acquire or retain private housing |
8 | | and 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 |
11 | | known and may be cited as the Senior Citizens and
Disabled |
12 | | Persons Property Tax Relief
and Pharmaceutical Assistance Act. |
13 | | Common references to the "Circuit Breaker Act" mean this |
14 | | Article. As used in this Article, "this Act" means this |
15 | | Article.
|
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 ; |
19 | | termination of the Illinois Senior Citizens and Disabled |
20 | | Persons Pharmaceutical Assistance Program . Executive Order No. |
21 | | 3 of 2004, in part, provided for the
transfer of the programs |
22 | | under this Act from the Department of
Revenue to the Department |
23 | | on Aging and the Department of
Healthcare and Family Services. |
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1 | | It is the purpose of this
amendatory Act of the 96th General |
2 | | Assembly to conform this Act
and certain related provisions of |
3 | | other statutes to that
Executive Order. This amendatory Act of |
4 | | the 96th General
Assembly also makes other substantive changes
|
5 | | to this Act.
|
6 | | It is the purpose of this amendatory Act of the 97th |
7 | | General Assembly to terminate the Illinois Senior Citizens and |
8 | | Disabled Persons Pharmaceutical Assistance Program on July 1, |
9 | | 2012. |
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 |
13 | | incentives to the senior citizens
and disabled persons of this |
14 | | State to acquire and retain private housing of
their choice and |
15 | | at the same time to relieve those citizens from the
burdens of |
16 | | extraordinary property taxes and rising drug costs against |
17 | | their increasingly
restricted earning power, and thereby to |
18 | | reduce 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"
|
22 | | means a person who (i) is living in the same residence with a
|
23 | | claimant for the claim year and at the time of filing the
|
24 | | claim, (ii) is not the spouse of the claimant, (iii) does not
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1 | | file a separate claim under this Act for the same period, and
|
2 | | (iv) receives more than half of his or her total financial
|
3 | | support for that claim year from the household. An Prior to |
4 | | July 1, 2012, an additional resident who meets qualifications |
5 | | may receive pharmaceutical assistance based on a claimant's |
6 | | application.
|
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 |
10 | | promulgated and forms prescribed by the applicable
Department. |
11 | | In this Act, references to the rules of the Department on Aging
|
12 | | or the Department of Healthcare and Family Services , in effect |
13 | | prior to July 1, 2012, shall be
deemed to include, in |
14 | | appropriate cases, the corresponding
rules adopted by the |
15 | | Department of Revenue, to the extent that
those rules continue |
16 | | in 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 |
21 | | individual who will
become 65 years old during the calendar |
22 | | year in which a claim is filed, and any
surviving spouse of |
23 | | such a claimant, who at the time of death received or was
|
24 | | entitled to receive a grant pursuant to this Section, which |
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1 | | surviving spouse
will become 65 years of age within the 24 |
2 | | months immediately following the
death of such claimant and |
3 | | which surviving spouse but for his or her age is
otherwise |
4 | | qualified to receive a grant pursuant to this Section, and any
|
5 | | disabled person whose annual household income is less than the |
6 | | income eligibility limitation, as defined in subsection (a-5)
|
7 | | and whose household is liable for payment of property taxes |
8 | | accrued or has
paid rent constituting property taxes accrued |
9 | | and is domiciled in this State
at the time he or she files his |
10 | | or her claim is entitled to claim a
grant under this Act.
With |
11 | | respect to claims filed by individuals who will become 65 years |
12 | | old
during the calendar year in which a claim is filed, the |
13 | | amount of any grant
to which that household is entitled shall |
14 | | be an amount equal to 1/12 of the
amount to which the claimant |
15 | | would otherwise be entitled as provided in
this Section, |
16 | | multiplied by the number of months in which the claimant was
65 |
17 | | in the calendar year in which the claim is filed.
|
18 | | (a-5) Income eligibility limitation. For purposes of this |
19 | | Section, "income eligibility limitation" means an amount for |
20 | | grant 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 |
2 | | year 2010, a household must have annual household income of |
3 | | less than $27,610 for a household containing one person; less |
4 | | than $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 |
7 | | January 1, 2011, and thereafter, the foregoing household income |
8 | | eligibility limits may be changed to reflect the annual cost of |
9 | | living adjustment in Social Security and Supplemental Security |
10 | | Income benefits that are applicable to the year for which those |
11 | | benefits are being reported as income on an application. |
12 | | If a person files as a surviving spouse, then only his or |
13 | | her income shall be counted in determining his or her household |
14 | | income. |
15 | | (b) Limitation. Except as otherwise provided in |
16 | | subsections (a) and (f)
of this Section, the maximum amount of |
17 | | grant which a claimant is
entitled to claim is the amount by |
18 | | which the property taxes accrued which
were paid or payable |
19 | | during the last preceding tax year or rent
constituting |
20 | | property taxes accrued upon the claimant's residence for the
|
21 | | last preceding taxable year exceeds 3 1/2% of the claimant's |
22 | | household
income for that year but in no event is the grant to |
23 | | exceed (i) $700 less
4.5% of household income for that year for |
24 | | those with a household income of
$14,000 or less or (ii) $70 if |
25 | | household income for that year is more than
$14,000.
|
26 | | (c) Public aid recipients. If household income in one or |
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1 | | more
months during a year includes cash assistance in excess of |
2 | | $55 per month
from the Department of Healthcare and Family |
3 | | Services or the Department of Human Services (acting
as |
4 | | successor to the Department of Public Aid under the Department |
5 | | of Human
Services Act) which was determined under regulations |
6 | | of
that Department on a measure of need that included an |
7 | | allowance for actual
rent or property taxes paid by the |
8 | | recipient of that assistance, the amount
of grant to which that |
9 | | household is entitled, except as otherwise provided in
|
10 | | subsection (a), shall be the product of (1) the maximum amount |
11 | | computed as
specified in subsection (b) of this Section and (2) |
12 | | the ratio of the number of
months in which household income did |
13 | | not include such cash assistance over $55
to the number twelve. |
14 | | If household income did not include such cash assistance
over |
15 | | $55 for any months during the year, the amount of the grant to |
16 | | which the
household is entitled shall be the maximum amount |
17 | | computed as specified in
subsection (b) of this Section. For |
18 | | purposes of this paragraph (c), "cash
assistance" does not |
19 | | include any amount received under the federal Supplemental
|
20 | | Security Income (SSI) program.
|
21 | | (d) Joint ownership. If title to the residence is held |
22 | | jointly by
the claimant with a person who is not a member of |
23 | | his or her household,
the amount of property taxes accrued used |
24 | | in computing the amount of grant
to which he or she is entitled |
25 | | shall be the same percentage of property
taxes accrued as is |
26 | | the percentage of ownership held by the claimant in the
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1 | | residence.
|
2 | | (e) More than one residence. If a claimant has occupied |
3 | | more than
one residence in the taxable year, he or she may |
4 | | claim only one residence
for any part of a month. In the case |
5 | | of property taxes accrued, he or she
shall prorate 1/12 of the |
6 | | total property taxes accrued on
his or her residence to each |
7 | | month that he or she owned and occupied
that residence; and, in |
8 | | the case of rent constituting property taxes accrued,
shall |
9 | | prorate each month's rent payments to the residence
actually |
10 | | occupied during that month.
|
11 | | (f) (Blank).
|
12 | | (g) There Effective January 1, 2006, there is hereby |
13 | | established a program of pharmaceutical assistance to the aged |
14 | | and disabled, entitled the Illinois Seniors and Disabled Drug |
15 | | Coverage Program, which shall be administered by the Department |
16 | | of Healthcare and Family Services and the Department on Aging |
17 | | in accordance with this subsection, to consist of coverage of |
18 | | specified prescription drugs on behalf of beneficiaries of the |
19 | | program as set forth in this subsection. Notwithstanding any |
20 | | provisions of this Act to the contrary, on and after July 1, |
21 | | 2012, pharmaceutical assistance under this Act shall no longer |
22 | | be provided, and on July 1, 2012 the Illinois Senior Citizens |
23 | | and Disabled Persons Pharmaceutical Assistance Program shall |
24 | | terminate. The following provisions that concern the Illinois |
25 | | Senior Citizens and Disabled Persons Pharmaceutical Assistance |
26 | | Program shall continue to apply on and after July 1, 2012 to |
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1 | | the extent necessary to pursue any actions authorized by |
2 | | subsection (d) of Section 9 of this Act with respect to acts |
3 | | which took place prior to July 1, 2012. |
4 | | To become a beneficiary under the program established under |
5 | | this 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 |
6 | | pharmaceutical assistance program operated pursuant to |
7 | | subsection (f) of this Section and all individuals enrolled as |
8 | | of December 31, 2005, in the SeniorCare Medicaid waiver program |
9 | | operated pursuant to Section 5-5.12a of the Illinois Public Aid |
10 | | Code shall be automatically enrolled in the program established |
11 | | by this subsection for the first year of operation without the |
12 | | need for further application, except that they must apply for |
13 | | Medicare Part D and the Low Income Subsidy under Medicare Part |
14 | | D. A person enrolled in the pharmaceutical assistance program |
15 | | operated pursuant to subsection (f) of this Section as of |
16 | | December 31, 2005, shall not lose eligibility in future years |
17 | | due only to the fact that the person has they have not reached |
18 | | the age of 65. |
19 | | To the extent permitted by federal law, the Department may |
20 | | act as an authorized representative of a beneficiary in order |
21 | | to enroll the beneficiary in a Medicare Part D Prescription |
22 | | Drug Plan if the beneficiary has failed to choose a plan and, |
23 | | where possible, to enroll beneficiaries in the low-income |
24 | | subsidy program under Medicare Part D or assist them in |
25 | | enrolling in that program. |
26 | | Beneficiaries under the program established under this |
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1 | | subsection shall be divided into the following 4 eligibility |
2 | | groups: |
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 |
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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 |
7 | | the cost of covered prescription drugs in excess of the |
8 | | beneficiary cost-sharing amounts set forth in this paragraph |
9 | | that are not covered by Medicare. The Department of Healthcare |
10 | | and Family Services may establish by emergency rule changes in |
11 | | cost-sharing necessary to conform the cost of the program to |
12 | | the amounts appropriated for State fiscal year 2012 and future |
13 | | fiscal years except that the 24-month limitation on the |
14 | | adoption of emergency rules and the provisions of Sections |
15 | | 5-115 and 5-125 of the Illinois Administrative Procedure Act |
16 | | shall not apply to rules adopted under this subsection (g). The |
17 | | adoption of emergency rules authorized by this subsection (g) |
18 | | shall be deemed to be necessary for the public interest, |
19 | | safety, and welfare.
|
20 | | For purposes of the program established under this |
21 | | subsection, the term "covered prescription drug" has the |
22 | | following 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 |
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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 |
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1 | | enrolled. |
2 | | Any person otherwise eligible for pharmaceutical |
3 | | assistance under this subsection whose covered drugs are |
4 | | covered by any public program is ineligible for assistance |
5 | | under this subsection to the extent that the cost of those |
6 | | drugs is covered by the other program. |
7 | | The Department of Healthcare and Family Services shall |
8 | | establish by rule the methods by which it will provide for the |
9 | | coverage called for in this subsection. Those methods may |
10 | | include direct reimbursement to pharmacies or the payment of a |
11 | | capitated amount to Medicare Part D Prescription Drug Plans. |
12 | | For a pharmacy to be reimbursed under the program |
13 | | established under this subsection, it must comply with rules |
14 | | adopted by the Department of Healthcare and Family Services |
15 | | regarding coordination of benefits with Medicare Part D |
16 | | Prescription Drug Plans. A pharmacy may not charge a |
17 | | Medicare-enrolled beneficiary of the program established under |
18 | | this subsection more for a covered prescription drug than the |
19 | | appropriate Medicare cost-sharing less any payment from or on |
20 | | behalf of the Department of Healthcare and Family Services. |
21 | | The Department of Healthcare and Family Services or the |
22 | | Department on Aging, as appropriate, may adopt rules regarding |
23 | | applications, counting of income, proof of Medicare status, |
24 | | mandatory generic policies, and pharmacy reimbursement rates |
25 | | and any other rules necessary for the cost-efficient operation |
26 | | of the program established under this subsection. |
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1 | | (h) A qualified individual is not entitled to duplicate
|
2 | | benefits in a coverage period as a result of the changes made
|
3 | | by 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, |
5 | | eff. 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,
|
9 | | required eligibility and identification information, use of
|
10 | | social security numbers, and manner of applying for benefits in |
11 | | a simplified format
under this Act , including claims filed for
|
12 | | new or renewed prescription drug benefits . |
13 | | (b) An application may be filed on paper or over the |
14 | | Internet to enable persons to apply separately or for both a
|
15 | | property tax relief grant and pharmaceutical assistance on the
|
16 | | same application. An application may also enable persons to
|
17 | | apply for other State or federal programs that provide medical
|
18 | | or pharmaceutical assistance or other benefits, as determined
|
19 | | by the Department on Aging in conjunction with the Department
|
20 | | of Healthcare and Family Services . |
21 | | (c) Applications must be filed during the time period
|
22 | | prescribed 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)
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1 | | Sec. 5. Procedure.
|
2 | | (a) In general. Claims must be filed after January 1, on |
3 | | forms prescribed
by the Department. No claim may be filed more |
4 | | than one year after December 31
of the year for which the claim |
5 | | is filed.
|
6 | | (b) Claim is Personal. The right to file a claim under this |
7 | | Act
shall be personal to the claimant and shall not survive his |
8 | | death, but
such right may be exercised on behalf of a claimant |
9 | | by his legal
guardian or attorney-in-fact. If a claimant dies |
10 | | after having filed a
timely claim, the amount thereof shall be |
11 | | disbursed to his surviving spouse
or, if no spouse survives, to |
12 | | his surviving dependent minor children in
equal parts, provided |
13 | | the spouse or child, as the case may be, resided with
the |
14 | | claimant at the time he filed his claim. If at the time of |
15 | | disbursement
neither the claimant nor his spouse is surviving, |
16 | | and no dependent minor
children of the claimant are surviving |
17 | | the amount of the claim shall
escheat to the State.
|
18 | | (c) One claim per household. Only one member of a household |
19 | | may file
a claim under this Act in any calendar year; where |
20 | | both members of a
household are otherwise entitled to claim a |
21 | | grant under this Act, they
must agree as to which of them will |
22 | | file a claim for that year.
|
23 | | (d) (Blank).
|
24 | | (e) Pharmaceutical Assistance Procedures.
The Prior to |
25 | | July 1, 2012, the Department of Healthcare and Family Services |
26 | | shall determine eligibility for pharmaceutical assistance |
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1 | | using
the applicant's current income. The Department shall |
2 | | determine a person's
current income in the manner provided by |
3 | | the Department by rule.
|
4 | | (f) A person may not under any circumstances charge a fee |
5 | | to a claimant under this Act for assistance in completing an |
6 | | application form for a property tax relief grant or
|
7 | | pharmaceutical assistance under this Act. |
8 | | (Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10; |
9 | | 96-1000, 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 |
13 | | Department
shall determine whether the claimant is a person |
14 | | entitled to a grant under
this Act and the amount of grant to |
15 | | which he is entitled under this Act.
The Department may require |
16 | | the claimant to furnish reasonable proof of the
statements of |
17 | | domicile, household income, rent paid, property taxes accrued
|
18 | | and other matters on which entitlement is based, and may |
19 | | withhold payment
of a grant until such additional proof is |
20 | | furnished.
|
21 | | (b) Rental determination. If the Department finds that the |
22 | | gross rent
used in the computation by a claimant of rent |
23 | | constituting property taxes
accrued exceeds the fair rental |
24 | | value for the right to occupy that
residence, the Department |
25 | | may determine the fair rental value for that
residence and |
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1 | | recompute rent constituting property taxes accrued |
2 | | accordingly.
|
3 | | (c) Fraudulent claims. The Department shall deny claims |
4 | | which have been
fraudulently prepared or when it finds that the |
5 | | claimant has acquired title
to his residence or has paid rent |
6 | | for his residence primarily for the
purpose of receiving a |
7 | | grant under this Act.
|
8 | | (d) (Blank).
|
9 | | (e) Pharmaceutical Assistance. The Department
shall allow |
10 | | all pharmacies licensed under the Pharmacy Practice
Act to |
11 | | participate as authorized pharmacies unless they have
been |
12 | | removed from that status for cause pursuant to the terms
of |
13 | | this Section. The Director of the Department may enter into
a |
14 | | written contract with any State agency, instrumentality or
|
15 | | political subdivision, or a fiscal intermediary for the purpose
|
16 | | of making payments to authorized pharmacies for covered
|
17 | | prescription drugs and coordinating the program of
|
18 | | pharmaceutical assistance established by this Act with other
|
19 | | programs that provide payment for covered prescription drugs.
|
20 | | Such agreement shall establish procedures for properly
|
21 | | contracting for pharmacy services, validating reimbursement
|
22 | | claims, validating compliance of dispensing pharmacists with
|
23 | | the contracts for participation required under this Section,
|
24 | | validating the reasonable costs of covered prescription drugs,
|
25 | | and otherwise providing for the effective administration of
|
26 | | this Act. |
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1 | | The Department shall promulgate rules and regulations to
|
2 | | implement and administer the program of pharmaceutical
|
3 | | assistance required by this Act, which shall include the
|
4 | | following: |
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. |
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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
|
13 | | the General Assembly by March 1st of each year on the
|
14 | | administration of pharmaceutical assistance under this Act. |
15 | | (Source: P.A. 96-328, eff. 8-11-09; 97-333, eff. 8-12-11; |
16 | | 97-689, 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 |
20 | | appropriations
made for that purpose of grants to claimants |
21 | | under this Act in the amounts
to which the Department has |
22 | | determined they are entitled, respectively. If
a claim is |
23 | | denied, the Director shall cause written notice of that denial
|
24 | | and the reasons for that denial to be sent to the claimant.
|
25 | | (b) Payment of claims one dollar and under. Where the |
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1 | | amount of the
grant computed under Section 4 is less than one |
2 | | dollar, the Department
shall pay to the claimant one dollar.
|
3 | | (c) Right to appeal. Any person aggrieved by an action or |
4 | | determination of
the Department on Aging arising under any of |
5 | | its powers or
duties under this Act may request in writing that |
6 | | the
Department on Aging reconsider its action or determination,
|
7 | | setting out the facts upon which the request is based. The
|
8 | | Department on Aging shall consider the request and either
|
9 | | modify or affirm its prior action or determination. The
|
10 | | Department on Aging may adopt, by rule, procedures for |
11 | | conducting
its review under this Section.
|
12 | | Any person aggrieved by an action or determination of the
|
13 | | Department of Healthcare and Family Services arising under any
|
14 | | of its powers or duties under this Act may request in writing
|
15 | | that the Department of Healthcare and Family Services
|
16 | | reconsider its action or determination, setting out the facts
|
17 | | upon which the request is based. The Department of Healthcare
|
18 | | and Family Services shall consider the request and either
|
19 | | modify or affirm its prior action or determination. The
|
20 | | Department of Healthcare and Family Services may adopt, by
|
21 | | rule, 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 |
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1 | | and , prior to July 1, 2012, every applicant for pharmaceutical |
2 | | assistance under this Act shall keep such records, render
such |
3 | | statements, file such forms and comply with such rules and |
4 | | regulations
as the Department on Aging may from time to time |
5 | | prescribe. The Department on Aging may by
regulations require |
6 | | landlords to furnish to tenants statements as to gross
rent or |
7 | | rent 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 |
12 | | under this Act, or who for compensation prepares a claim
for a |
13 | | grant and
knowingly enters false information on an application |
14 | | for any claimant under
this Act, or who fraudulently files |
15 | | multiple applications, or who
fraudulently states that a |
16 | | nondisabled person is disabled, or who , prior to July 1, 2012, |
17 | | fraudulently procures pharmaceutical assistance benefits, or
|
18 | | who fraudulently uses such assistance to procure covered |
19 | | prescription drugs, or
who, on behalf of an authorized |
20 | | pharmacy, files a fraudulent request for payment, is
guilty of |
21 | | a Class 4 felony for the first offense and is guilty of a Class |
22 | | 3
felony for each subsequent offense. |
23 | | (b) (Blank). |
24 | | (b-5) The Department on Aging and the Department of
|
25 | | Healthcare and Family Services shall immediately suspend the
|
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1 | | pharmaceutical assistance benefits of any person suspected of
|
2 | | fraudulent procurement or fraudulent use of such assistance,
|
3 | | and shall revoke such assistance upon a conviction. A person
|
4 | | convicted of fraud under subsection (a) shall be permanently
|
5 | | barred from all of the programs established under this Act. |
6 | | (c) The Department on Aging may recover from a
claimant any |
7 | | amount paid to that claimant under this
Act on account of an |
8 | | erroneous or
fraudulent claim, together with 6% interest per |
9 | | year. Amounts
recoverable from a claimant by the Department on |
10 | | Aging under
this Act may, but need not, be recovered by |
11 | | offsetting the
amount owed against any future grant payable to |
12 | | the person
under this Act. |
13 | | The Department of Healthcare and Family Services may
|
14 | | recover for acts prior to July 1, 2012 from an authorized |
15 | | pharmacy any amount paid to that
pharmacy under the |
16 | | pharmaceutical assistance program on
account of an erroneous or |
17 | | fraudulent request for payment under
that program, together |
18 | | with 6% interest per year. The
Department of Healthcare and |
19 | | Family Services may recover from a
person who erroneously or |
20 | | fraudulently obtains benefits under
the pharmaceutical |
21 | | assistance program the value of the benefits
so obtained, |
22 | | together with 6% interest per year. |
23 | | (d) A prosecution for
a violation of this Section may be |
24 | | commenced at any time within 3 years
of the commission of that |
25 | | violation.
|
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 |
4 | | the contrary,
the Department on Aging may adopt rules regarding |
5 | | applications,
proof of eligibility, required identification |
6 | | information, use
of social security numbers, counting of |
7 | | income, and a method of
computing "gross rent" in the case of a |
8 | | claimant living in a
nursing or sheltered care home, and any |
9 | | other rules necessary
for the cost-efficient operation of the |
10 | | program established
under Section 4.
|
11 | | (b) The Department on Aging shall, to the extent of |
12 | | appropriations 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 |
7 | | on Aging shall maintain a list of all
persons who have |
8 | | qualified under this Act and shall make the list
available to |
9 | | the Department of Healthcare and Family Services, the |
10 | | Department of Public Health, the Secretary of State, |
11 | | municipalities, and public transit authorities upon request.
|
12 | | All information received by a State agency, municipality, |
13 | | or public transit authority under this Section
shall be |
14 | | confidential, except for official purposes, and any
person who |
15 | | divulges or uses that information in any manner,
except in |
16 | | accordance with a proper judicial order, shall be
guilty of a |
17 | | Class 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 |
20 | | Act 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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1 | | for the year
is no greater than: (i) $40,000 through tax year |
2 | | 2005; (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 |
5 | | real
estate taxes are deferred under this Act.
|
6 | | (c) "Homestead" means the land and buildings thereon, |
7 | | including a
condominium or a dwelling unit in a multidwelling |
8 | | building that is owned and
operated as a cooperative, occupied |
9 | | by the taxpayer as his residence or which
are temporarily |
10 | | unoccupied by the taxpayer because such taxpayer is temporarily
|
11 | | residing, for not more than 1 year, in a licensed facility as |
12 | | defined in
Section 1-113 of the Nursing Home Care Act.
|
13 | | (d) "Real estate taxes" or "taxes" means the taxes on real |
14 | | property for
which the taxpayer would be liable under the |
15 | | Property Tax Code, including special service area taxes, and |
16 | | special assessments on
benefited real property for which the |
17 | | taxpayer 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 |
20 | | taxpayer or the
taxpayer and his spouse own in fee simple or |
21 | | are purchasing in fee simple under
a recorded instrument of |
22 | | sale, (b) is not income-producing property, (c) is not
subject |
23 | | to a lien for unpaid real estate taxes when a claim under this |
24 | | Act is
filed, and (d) is not held in trust, other than an |
25 | | Illinois land trust with the taxpayer identified as the sole |
26 | | beneficiary, if the taxpayer is filing for the program for the |
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1 | | first time effective as of the January 1, 2011 assessment year |
2 | | or tax year 2012 and thereafter.
|
3 | | (g) "Equity interest" means the current assessed valuation |
4 | | of the qualified
property times the fraction necessary to |
5 | | convert that figure to full market
value minus any outstanding |
6 | | debts or liens on that property. In the case of
qualifying |
7 | | property not having a separate assessed valuation, the |
8 | | appraised
value as determined by a qualified real estate |
9 | | appraiser shall be used instead
of the current assessed |
10 | | valuation.
|
11 | | (h) "Household income" has the meaning ascribed to that |
12 | | term in the Senior
Citizens and Disabled Persons Property Tax |
13 | | Relief
and Pharmaceutical Assistance Act.
|
14 | | (i) "Collector" means the county collector or, if the taxes |
15 | | to be deferred
are special assessments, an official designated |
16 | | by 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
|
20 | | any mortgage or other instrument relating to land requiring a
|
21 | | person to pay real estate taxes or (b) affects the eligibility |
22 | | of any
person to receive any grant pursuant to the "Senior |
23 | | Citizens and Disabled
Persons Property Tax Relief and |
24 | | Pharmaceutical Assistance Act".
|
25 | | (Source: P.A. 97-689, eff. 6-14-12.)
|
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1 | | Section 49. Senior Pharmaceutical Assistance Act is |
2 | | amended 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 |
6 | | the single most
critical factor to their health, well-being, |
7 | | and continued independence.
|
8 | | (2) The State of Illinois currently operates 2 |
9 | | pharmaceutical assistance
programs that benefit seniors: (i) |
10 | | the program of pharmaceutical assistance
under
the Senior |
11 | | Citizens and Disabled Persons Property Tax Relief and |
12 | | Pharmaceutical Assistance Act and (ii) the Aid to the Aged, |
13 | | Blind, or Disabled program under
the
Illinois Public Aid Code. |
14 | | The State has been given authority to establish a
third |
15 | | program, SeniorRx Care, through a federal Medicaid waiver.
|
16 | | (3) Each year, numerous pieces of legislation are filed |
17 | | seeking to
establish additional pharmaceutical assistance |
18 | | benefits for seniors or to make
changes to the existing |
19 | | programs.
|
20 | | (4) Establishment of a pharmaceutical assistance review |
21 | | committee will
ensure proper coordination of benefits, |
22 | | diminish the likelihood of duplicative
benefits, and ensure |
23 | | that the best interests of seniors are served.
|
24 | | (5) In addition to the State pharmaceutical assistance |
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1 | | programs, several
private entities, such as drug manufacturers |
2 | | and pharmacies, also offer
prescription drug discount or |
3 | | coverage programs.
|
4 | | (6) Many seniors are unaware of the myriad of public and |
5 | | private programs
available to them.
|
6 | | (7) Establishing a pharmaceutical clearinghouse with a |
7 | | toll-free hot-line
and local outreach workers will educate |
8 | | seniors about the vast array of options
available to them and |
9 | | enable seniors to make an educated and informed choice
that is |
10 | | best for them.
|
11 | | (8) Estimates indicate that almost one-third of senior |
12 | | citizens lack
prescription drug coverage. The federal |
13 | | government, states, and the
pharmaceutical industry each have a |
14 | | role in helping these uninsured seniors
gain
access to |
15 | | life-saving medications.
|
16 | | (9) The State of Illinois has recognized its obligation to |
17 | | assist
Illinois' neediest seniors in purchasing prescription |
18 | | medications, and it is
now
time for pharmaceutical |
19 | | manufacturers to recognize their obligation to make
their |
20 | | medications affordable to seniors.
|
21 | | (Source: P.A. 97-689, eff. 6-14-12.)
|
22 | | Section 50. The Illinois Vehicle Code is amended by |
23 | | changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3, |
24 | | and 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 |
4 | | disability from the United States Department of Veterans |
5 | | Affairs, and who has obtained certification from a licensed |
6 | | physician, physician assistant, or advanced practice nurse |
7 | | that the service-connected disability qualifies the veteran |
8 | | for issuance of registration plates or decals to a person with |
9 | | disabilities in accordance with Section 3-616, may, without the |
10 | | payment of any registration fee, make application to the |
11 | | Secretary of State for disabled veterans license plates |
12 | | displaying the international symbol of access, for the |
13 | | registration of one motor vehicle of the first division or one |
14 | | motor vehicle of the second division weighing not more than |
15 | | 8,000 pounds. |
16 | | (b) Any veteran who holds proof of a service-connected |
17 | | disability from the United States Department of Veterans |
18 | | Affairs, and whose degree of disability has been declared to be |
19 | | 50% or more, but whose disability does not qualify the veteran |
20 | | for a plate or decal for persons with disabilities under |
21 | | Section 3-616, may, without the payment of any registration |
22 | | fee, make application to the Secretary for a special |
23 | | registration plate without the international symbol of access |
24 | | for the registration of one motor vehicle of the first division |
25 | | or one motor vehicle of the second division weighing not more |
26 | | than 8,000 pounds.
|
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1 | | (c) Renewal of such registration must be accompanied with |
2 | | documentation
for eligibility of registration without fee |
3 | | unless the applicant has a
permanent qualifying disability, and |
4 | | such registration plates may not be
issued to any person not |
5 | | eligible therefor. The Illinois Department of Veterans' |
6 | | Affairs may assist in providing the
documentation of |
7 | | disability.
|
8 | | (d) The design and color of the plates shall be within the |
9 | | discretion of the Secretary, except that the plates issued |
10 | | under subsection (b) of this Section shall not contain the |
11 | | international symbol of access. The Secretary may, in his or |
12 | | her discretion, allow the plates to be issued as vanity or |
13 | | personalized plates in accordance with Section 3-405.1 of this |
14 | | Code. Registration shall be for a multi-year period and may be |
15 | | issued staggered registration. |
16 | | (e) Any person eligible to receive license plates under |
17 | | this Section who has been approved for benefits under the |
18 | | Senior Citizens and Disabled Persons Property Tax Relief and |
19 | | Pharmaceutical Assistance Act, or who has claimed and received |
20 | | a grant under that Act, shall pay a fee of $24 instead of the |
21 | | fee otherwise provided in this Code for passenger cars |
22 | | displaying standard multi-year registration plates issued |
23 | | under Section 3-414.1, for motor vehicles registered at 8,000 |
24 | | pounds or less under Section 3-815(a), or for recreational |
25 | | vehicles registered at 8,000 pounds or less under Section |
26 | | 3-815(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, |
2 | | eff. 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 |
5 | | receipt of an
application made in the form prescribed by the |
6 | | Secretary of State, may
issue to recipients awarded the Purple |
7 | | Heart by a branch of the armed
forces of the United States who |
8 | | reside in Illinois,
special
registration plates. The |
9 | | Secretary, upon receipt of the proper application, may also |
10 | | issue these special registration plates to an Illinois resident |
11 | | who is the surviving spouse of a person who was awarded the |
12 | | Purple Heart by a branch of the armed forces of the United |
13 | | States. The special plates issued pursuant to this Section
|
14 | | should be affixed only to passenger vehicles of the 1st |
15 | | division, including
motorcycles, or motor
vehicles of the 2nd |
16 | | division weighing not more than 8,000 pounds. The Secretary |
17 | | may, in his or her discretion, allow the plates to be issued as |
18 | | vanity or personalized plates in accordance with Section |
19 | | 3-405.1 of this Code.
The Secretary of State must make a |
20 | | version of the special registration plates authorized under |
21 | | this Section in a form appropriate for motorcycles.
|
22 | | The design and color of such plates shall be wholly within |
23 | | the discretion
of the Secretary of State. Appropriate |
24 | | documentation, as determined by the
Secretary, and the |
25 | | appropriate registration fee shall
accompany the application.
|
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1 | | However, for an individual who has been issued Purple Heart |
2 | | plates for a
vehicle and who has been approved for benefits |
3 | | under the Senior Citizens and
Disabled Persons Property Tax |
4 | | Relief and Pharmaceutical Assistance Act, the annual fee for
|
5 | | the registration of the vehicle shall be as provided in Section |
6 | | 3-806.3 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 |
11 | | Secretary, upon
receipt of all applicable fees and applications |
12 | | made in the form prescribed by
the Secretary of State, may |
13 | | issue special registration plates designated as
Korean War |
14 | | Veteran license plates to
residents of Illinois who |
15 | | participated in the United States Armed Forces during
the |
16 | | Korean War. The special plate issued under this Section shall |
17 | | be affixed
only to passenger vehicles of the first division, |
18 | | motorcycles,
motor vehicles of the second
division weighing not |
19 | | more than 8,000 pounds, and recreational vehicles as
defined by |
20 | | Section 1-169 of this Code. Plates issued under this Section |
21 | | shall
expire according to the staggered multi-year procedure |
22 | | established by Section
3-414.1 of this Code.
|
23 | | (b) The design, color, and format of the plates shall be |
24 | | wholly
within the discretion of the Secretary of State. The |
25 | | Secretary may, in his or
her discretion, allow the plates to be |
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1 | | issued as vanity plates or personalized
in accordance with |
2 | | Section 3-405.1 of this Code. The plates are not required
to |
3 | | designate "Land Of Lincoln", as prescribed in subsection (b) of |
4 | | Section
3-412 of this Code. The Secretary shall prescribe the |
5 | | eligibility requirements
and, in his or her discretion, shall |
6 | | approve and prescribe stickers or decals
as provided under |
7 | | Section 3-412.
|
8 | | (c) (Blank).
|
9 | | (d) The Korean War Memorial Construction Fund is created as |
10 | | a special fund
in the State treasury. All moneys in the Korean |
11 | | War Memorial Construction Fund
shall, subject to |
12 | | appropriation, be used by the Department of Veteran Affairs
to |
13 | | provide grants for construction of the Korean War Memorial to |
14 | | be located at
Oak Ridge Cemetery in Springfield, Illinois. Upon |
15 | | the completion of the
Memorial, the Department of Veteran |
16 | | Affairs shall certify to the State
Treasurer that the |
17 | | construction of the Memorial has been completed. Upon the
|
18 | | certification by the Department of Veteran Affairs, the State |
19 | | Treasurer shall
transfer all moneys in the Fund and any future |
20 | | deposits into the Fund into the
Secretary of State Special |
21 | | License Plate
Fund.
|
22 | | (e) An individual who has been issued Korean War Veteran |
23 | | license plates
for a vehicle
and who has been approved for |
24 | | benefits under the Senior Citizens and Disabled
Persons |
25 | | Property Tax Relief and Pharmaceutical Assistance Act shall pay
|
26 | | the original issuance and the regular annual fee for the |
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1 | | registration of the
vehicle as provided in Section 3-806.3 of |
2 | | this Code in addition to the fees
specified in subsection (c) |
3 | | of 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 |
8 | | Secretary, upon
receipt of all applicable fees and applications |
9 | | made in the form prescribed by
the Secretary of State, may |
10 | | issue special registration plates designated as
Korean Service |
11 | | license plates to
residents of Illinois who, on or after July |
12 | | 27, 1954, participated in the United States Armed Forces in |
13 | | Korea. The special plate issued under this Section shall be |
14 | | affixed
only to passenger vehicles of the first division, |
15 | | motorcycles,
motor vehicles of the second
division weighing not |
16 | | more than 8,000 pounds, and recreational vehicles as
defined by |
17 | | Section 1-169 of this Code. Plates issued under this Section |
18 | | shall
expire according to the staggered multi-year procedure |
19 | | established by Section
3-414.1 of this Code. |
20 | | (b) The design, color, and format of the plates shall be |
21 | | wholly
within the discretion of the Secretary of State. The |
22 | | Secretary may, in his or
her discretion, allow the plates to be |
23 | | issued as vanity or personalized
plates in accordance with |
24 | | Section 3-405.1 of this Code. The plates are not required
to |
25 | | designate "Land of
Lincoln", as prescribed in subsection (b) of |
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1 | | Section
3-412 of this Code. The Secretary shall prescribe the |
2 | | eligibility requirements
and, in his or her discretion, shall |
3 | | approve and prescribe stickers or decals
as provided under |
4 | | Section 3-412.
|
5 | | (c) An applicant shall be charged a $2 fee for original |
6 | | issuance
in addition to the applicable registration fee. This |
7 | | additional fee shall be deposited into the Korean War Memorial |
8 | | Construction Fund a special fund in the State treasury.
|
9 | | (d) An individual who has been issued Korean Service |
10 | | license plates
for a vehicle
and who has been approved for |
11 | | benefits under the Senior Citizens and Disabled
Persons |
12 | | Property Tax Relief and Pharmaceutical Assistance Act shall pay
|
13 | | the original issuance and the regular annual fee for the |
14 | | registration of the
vehicle as provided in Section 3-806.3 of |
15 | | this Code in addition to the fees
specified in subsection (c) |
16 | | of 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. |
20 | | The Secretary, upon receipt of an
application made in the form |
21 | | prescribed by the Secretary of State, shall
issue special
|
22 | | registration plates to any Illinois resident who has been |
23 | | awarded the Distinguished Service Cross by a branch of the |
24 | | armed
forces of the United States. The Secretary, upon receipt |
25 | | of the proper application, shall also issue these special |
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1 | | registration plates to an Illinois resident who is the |
2 | | surviving spouse of a person who was awarded the Distinguished |
3 | | Service Cross by a branch of the armed forces of the United |
4 | | States. The special plates issued under this Section
should be |
5 | | affixed only to passenger vehicles of the first division, |
6 | | including
motorcycles, or motor
vehicles of the second division |
7 | | weighing not more than 8,000 pounds. |
8 | | The design and color of the plates shall be wholly within |
9 | | the discretion
of the Secretary of State. Appropriate |
10 | | documentation, as determined by the
Secretary, and the |
11 | | appropriate registration fee shall
accompany the application.
|
12 | | However, for an individual who has been issued Distinguished |
13 | | Service Cross plates for a
vehicle and who has been approved |
14 | | for benefits under the Senior Citizens and
Disabled Persons |
15 | | Property Tax Relief and Pharmaceutical Assistance Act, the |
16 | | annual fee for
the registration of the vehicle shall be as |
17 | | provided 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 |
21 | | registration year, the registration fee paid by
any vehicle |
22 | | owner who has been approved for benefits under the Senior
|
23 | | Citizens and Disabled Persons Property Tax Relief
and |
24 | | Pharmaceutical Assistance Act or who is the spouse of such a |
25 | | person shall be $24 instead of the fee
otherwise provided in |
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1 | | this Code for passenger cars displaying standard
multi-year |
2 | | registration plates issued under Section 3-414.1, motor |
3 | | vehicles
displaying special registration plates issued under |
4 | | Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, |
5 | | 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, or 3-663, |
6 | | motor vehicles registered at 8,000 pounds or less under Section
|
7 | | 3-815(a), and recreational vehicles registered at 8,000 pounds |
8 | | or less under
Section 3-815(b). Widows and widowers of |
9 | | claimants shall also be entitled to
this reduced registration |
10 | | fee for the registration year in which the claimant
was |
11 | | eligible.
|
12 | | Commencing with the 2009 registration year, the |
13 | | registration fee paid by
any vehicle owner who has claimed and |
14 | | received a grant under the Senior
Citizens and Disabled Persons |
15 | | Property Tax Relief
and Pharmaceutical Assistance Act or who is |
16 | | the spouse of such a person shall be $24 instead of the fee
|
17 | | otherwise provided in this Code for passenger cars displaying |
18 | | standard
multi-year registration plates issued under Section |
19 | | 3-414.1, motor vehicles
displaying special registration plates |
20 | | issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, |
21 | | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, |
22 | | 3-651, 3-663, or 3-664, motor vehicles registered at 8,000 |
23 | | pounds or less under Section
3-815(a), and recreational |
24 | | vehicles registered at 8,000 pounds or less under
Section |
25 | | 3-815(b). Widows and widowers of claimants shall also be |
26 | | entitled to
this reduced registration fee for the registration |
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1 | | year in which the claimant
was eligible.
|
2 | | No more than one reduced registration fee under this |
3 | | Section shall be
allowed during any 12 month period based on |
4 | | the primary eligibility of any
individual, whether such reduced |
5 | | registration fee is allowed to the
individual or to the spouse, |
6 | | widow or widower of such individual. This
Section does not |
7 | | apply to the fee paid in addition to the registration fee
for |
8 | | motor 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 |
12 | | disabilities.
|
13 | | (a) The Secretary of State shall provide for, by |
14 | | administrative rules, the
design, size, color, and placement of |
15 | | a person with disabilities motorist decal
or device
and shall |
16 | | provide for, by administrative
rules, the content and form of |
17 | | an application for a person with disabilities
motorist decal or |
18 | | device,
which shall be used by local authorities in the |
19 | | issuance thereof to a
person with temporary disabilities, |
20 | | provided that the decal or device is
valid for no more than 90 |
21 | | days, subject to renewal for like periods based upon
continued |
22 | | disability, and further provided that the decal or device |
23 | | clearly
sets forth the date that the decal or device expires.
|
24 | | The application shall
include the requirement of an Illinois |
25 | | Identification Card number or a State
of Illinois driver's |
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1 | | license number.
This decal or device may be used by the |
2 | | authorized holder to designate and identify a vehicle not owned |
3 | | or displaying a
registration plate as provided in Sections |
4 | | 3-609 and 3-616 of this Act to
designate when the vehicle is |
5 | | being used to transport said person or persons
with |
6 | | disabilities, and thus is entitled to enjoy all the privileges |
7 | | that would
be afforded a person with disabilities licensed |
8 | | vehicle.
Person with disabilities decals or devices issued and |
9 | | displayed pursuant to
this Section shall be recognized and |
10 | | honored by all local authorities
regardless of which local |
11 | | authority issued such decal or device.
|
12 | | The decal or device shall be issued only upon a showing by |
13 | | adequate
documentation that the person for whose benefit the |
14 | | decal or device is to be
used has a temporary disability as |
15 | | defined in Section 1-159.1 of this
Code.
|
16 | | (b) The local governing authorities shall be responsible |
17 | | for the provision
of such decal or device, its issuance and |
18 | | designated placement within the
vehicle. The cost of such decal |
19 | | or device shall be at the discretion of
such local governing |
20 | | authority.
|
21 | | (c) The Secretary of State may, pursuant to Section |
22 | | 3-616(c), issue
a person with disabilities parking decal or |
23 | | device to a person with
disabilities as defined by Section |
24 | | 1-159.1. Any person with disabilities
parking decal or device |
25 | | issued by the Secretary of State shall be registered to
that |
26 | | person with disabilities in the form to be prescribed by the |
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1 | | Secretary of
State. The person with disabilities parking decal |
2 | | or device shall not display
that person's address. One |
3 | | additional decal or device may be issued to an
applicant upon |
4 | | his or her written request and with the approval of the
|
5 | | Secretary of
State.
The written request must include a |
6 | | justification of the need for the
additional decal or device.
|
7 | | (c-5) Beginning January 1, 2014, the Secretary shall |
8 | | provide by administrative rule for the issuance of a separate |
9 | | and distinct parking decal or device for persons with |
10 | | disabilities as defined by Section 1-159.1 of this Code. The |
11 | | authorized holder of a decal or device issued under this |
12 | | subsection (c-5) shall be exempt from the payment of fees |
13 | | generated by parking in a metered space, a parking area subject |
14 | | to paragraph (10) of subsection (a) of Section 11-209 of this |
15 | | Code, or a publicly owned parking structure or area. |
16 | | The Secretary shall issue a meter-exempt decal or device to |
17 | | a person with
disabilities who: (i) has been issued |
18 | | registration plates under Section 3-609 or 3-616 of this Code |
19 | | or a special decal or device under this Section, (ii) holds a |
20 | | valid Illinois driver's license , ; and (iii) is unable to do one |
21 | | or 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 |
10 | | shall contain a statement certified by a licensed physician, |
11 | | physician assistant, or advanced practice nurse attesting to |
12 | | the nature and estimated duration of the applicant's condition |
13 | | and verifying that the applicant meets the physical |
14 | | qualifications specified in this subsection (c-5). |
15 | | Notwithstanding the requirements of this subsection (c-5), |
16 | | the Secretary shall issue a meter-exempt decal or device to a |
17 | | person who has been issued registration plates under Section |
18 | | 3-616 of this Code or a special decal or device under this |
19 | | Section, if the applicant is the parent or guardian of a person |
20 | | with disabilities who is under 18 years of age and incapable of |
21 | | driving. |
22 | | (d) Replacement decals or devices may be issued for lost, |
23 | | stolen, or
destroyed decals upon application and payment of a |
24 | | $10 fee. The replacement
fee may be waived for individuals that |
25 | | have claimed and received a grant under
the Senior Citizens and |
26 | | Disabled Persons Property Tax Relief and Pharmaceutical |
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1 | | Assistance Act.
|
2 | | (Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000, |
3 | | eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised |
4 | | 8-3-12.)
|
5 | | Section 55. The Criminal Code of 2012 is amended by |
6 | | changing Section 17-6.5 as follows: |
7 | | (720 ILCS 5/17-6.5)
|
8 | | Sec. 17-6.5. Persons under deportation order; |
9 | | ineligibility for benefits. |
10 | | (a) An individual against whom a United States Immigration |
11 | | Judge
has issued an order of deportation which has been |
12 | | affirmed by the Board of
Immigration Review, as well as an |
13 | | individual who appeals such an order
pending appeal, under |
14 | | paragraph 19 of Section 241(a) of the
Immigration and |
15 | | Nationality Act relating to persecution of others on
account of |
16 | | race, religion, national origin or political opinion under the
|
17 | | direction of or in association with the Nazi government of |
18 | | Germany or its
allies, shall be ineligible for the following |
19 | | benefits 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
|
14 | | received 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 |
9 | | offense under
this Section, all of the monetary value of the |
10 | | benefits
received as a result of the unlawful act,
practice, or |
11 | | course 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 |
14 | | commenced
by the Attorney General in the circuit court of |
15 | | Sangamon County or the
State's Attorney of the county of |
16 | | residence of the person described in
subsection (a). |
17 | | (e) An individual described in subsection (a) who has been
|
18 | | deported shall be restored to any benefits which that |
19 | | individual has been
denied under State law pursuant to |
20 | | subsection (a) if (i) the Attorney
General of the United States |
21 | | has issued an order cancelling deportation and
has adjusted the |
22 | | status of the individual to that of an alien lawfully
admitted |
23 | | for permanent residence in the United States or (ii) the |
24 | | country
to which the individual has been deported adjudicates |
25 | | or exonerates the
individual in a judicial or administrative |
26 | | proceeding as not being guilty
of the persecution of others on |
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1 | | account of race, religion, national origin,
or political |
2 | | opinion under the direction of or in association with the Nazi
|
3 | | government 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 |
6 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 100/5-45 | from Ch. 127, par. 1005-45 | | 4 | | 15 ILCS 405/10.05 | from 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 515/7 | from 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 990/1 | from Ch. 144, par. 1801 | | 23 | | 220 ILCS 10/9 | from Ch. 111 2/3, par. 909 | | 24 | | 305 ILCS 5/3-1.2 | from Ch. 23, par. 3-1.2 | | 25 | | 305 ILCS 5/3-5 | from Ch. 23, par. 3-5 | |
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| 1 | | 305 ILCS 5/4-1.6 | from Ch. 23, par. 4-1.6 | | 2 | | 305 ILCS 5/4-2 | from Ch. 23, par. 4-2 | | 3 | | 305 ILCS 5/5-2 | from Ch. 23, par. 5-2 | | 4 | | 305 ILCS 5/5-4 | from Ch. 23, par. 5-4 | | 5 | | 305 ILCS 5/5A-8 | from Ch. 23, par. 5A-8 | | 6 | | 305 ILCS 5/6-1.2 | from Ch. 23, par. 6-1.2 | | 7 | | 305 ILCS 5/6-2 | from Ch. 23, par. 6-2 | | 8 | | 305 ILCS 5/12-9 | from Ch. 23, par. 12-9 | | 9 | | 320 ILCS 25/Act title | | | 10 | | 320 ILCS 25/1 | from Ch. 67 1/2, par. 401 | | 11 | | 320 ILCS 25/1.5 | | | 12 | | 320 ILCS 25/2 | from Ch. 67 1/2, par. 402 | | 13 | | 320 ILCS 25/3.05a | | | 14 | | 320 ILCS 25/3.10 | from Ch. 67 1/2, par. 403.10 | | 15 | | 320 ILCS 25/4 | from Ch. 67 1/2, par. 404 | | 16 | | 320 ILCS 25/4.05 | | | 17 | | 320 ILCS 25/5 | from Ch. 67 1/2, par. 405 | | 18 | | 320 ILCS 25/6 | from Ch. 67 1/2, par. 406 | | 19 | | 320 ILCS 25/7 | from Ch. 67 1/2, par. 407 | | 20 | | 320 ILCS 25/8 | from Ch. 67 1/2, par. 408 | | 21 | | 320 ILCS 25/9 | from Ch. 67 1/2, par. 409 | | 22 | | 320 ILCS 25/12 | from Ch. 67 1/2, par. 412 | | 23 | | 320 ILCS 25/13 | from Ch. 67 1/2, par. 413 | | 24 | | 320 ILCS 30/2 | from Ch. 67 1/2, par. 452 | | 25 | | 320 ILCS 30/8 | from Ch. 67 1/2, par. 458 | | 26 | | 320 ILCS 50/5 | | |
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| 1 | | 625 ILCS 5/3-609 | from Ch. 95 1/2, par. 3-609 | | 2 | | 625 ILCS 5/3-623 | from 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 5/3-806.3 | from Ch. 95 1/2, par. 3-806.3 | | 7 | | 625 ILCS 5/11-1301.2 | from Ch. 95 1/2, par. 11-1301.2 | | 8 | | 720 ILCS 5/17-6.5 | |
|
|