Full Text of HB4585 95th General Assembly
HB4585 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4585
Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
|
|
Amends the Mobile Home Local Services Tax Act, the Citizens Utility Board Act, the Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, and the Illinois Vehicle Code. Makes various changes for the purpose of implementing Executive Order No. 3 of 2004. In connection with senior citizens and disabled persons property tax relief and
pharmaceutical assistance: (1) changes references from the Department of Revenue to the Department on Aging; (2) adds provisions concerning (i) applications for benefits, (ii) property tax relief claims, eligibility, amount, and administration, and (iii) pharmaceutical assistance eligibility, beneficiary groups, cost-sharing, covered prescription drugs, payments to pharmacies, and administration; (3) makes changes concerning review of actions or determinations by the Department on Aging or the Department of Healthcare and Family Services; (4) adds provisions concerning the providing of insurance information; and (5) makes other changes. Makes changes concerning motor vehicle registration fees for persons receiving benefits under the Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act and special decals for persons with disabilities for parking purposes. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4585 |
|
LRB095 15275 DRJ 41261 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Mobile Home Local Services Tax Act is | 5 |
| amended by changing Section 7 as follows:
| 6 |
| (35 ILCS 515/7) (from Ch. 120, par. 1207)
| 7 |
| Sec. 7. The local services tax for owners of mobile homes | 8 |
| who (a) are
actually residing in such mobile homes, (b) hold | 9 |
| title to such mobile
home as provided in the " Illinois Vehicle | 10 |
| Code ", approved September 29,
1969, as amended , and (c) are 65 | 11 |
| years of age or older or are disabled
persons within the | 12 |
| meaning of Section 3.14 of the " Senior Citizens and
Disabled | 13 |
| Persons Property Tax Relief and Pharmaceutical Assistance Act "
| 14 |
| on the annual billing date
shall be reduced to 80 percent of | 15 |
| the tax provided for in Section 3 of
this Act. Proof that a | 16 |
| claimant has been issued an Illinois Disabled
Person | 17 |
| Identification Card stating that the claimant is under a Class | 18 |
| 2
disability, as provided in Section 4A of the The Illinois | 19 |
| Identification Card
Act, shall constitute proof that the person | 20 |
| thereon named is a disabled
person within the meaning of this | 21 |
| Act. An application for reduction of
the tax shall be filed | 22 |
| with
the county clerk by the individuals who are entitled to | 23 |
| the reduction.
If the application is filed after May 1, the |
|
|
|
HB4585 |
- 2 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| reduction in tax shall
begin with the next annual bill. | 2 |
| Application for the reduction in tax
shall be done by | 3 |
| submitting proof that the applicant has been issued an
Illinois | 4 |
| Disabled Person Identification Card designating the | 5 |
| applicant's
disability as a Class 2 disability, or by affidavit | 6 |
| in substantially the
following form:
| 7 |
| APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
| 8 |
| I hereby make application for a reduction to 80% of the | 9 |
| total tax
imposed under "An Act to provide for a local services
| 10 |
| tax on mobile homes".
| 11 |
| (1) Senior Citizens
| 12 |
| (a) I actually reside in the mobile home ....
| 13 |
| (b) I hold title to the mobile home as provided in the | 14 |
| Illinois
Vehicle Code ....
| 15 |
| (c) I reached the age of 65 on or before either January 1 | 16 |
| (or July
1) of the year in which this statement is filed. My | 17 |
| date of birth is: ...
| 18 |
| (2) Disabled Persons
| 19 |
| (a) I actually reside in the mobile home...
| 20 |
| (b) I hold title to the mobile home as provided in the | 21 |
| Illinois
Vehicle Code ....
| 22 |
| (c) I was totally disabled on ... and have remained | 23 |
| disabled until
the date of this application. My Social | 24 |
| Security, Veterans, Railroad or
Civil Service Total Disability | 25 |
| Claim Number is ... The undersigned
declares under the penalty | 26 |
| of perjury that the above statements are true
and correct.
|
|
|
|
HB4585 |
- 3 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Dated (insert date).
| 2 |
| ...........................
| 3 |
| Signature of owner
| 4 |
| ...........................
| 5 |
| (Address)
| 6 |
| ...........................
| 7 |
| (City) (State) (Zip)
| 8 |
| Approved by:
| 9 |
| .............................
| 10 |
| (Assessor)
| 11 |
| This application shall be accompanied by a copy of the | 12 |
| applicant's
most recent application filed with the Illinois | 13 |
| Department on Aging of Revenue
under the " Senior Citizens and | 14 |
| Disabled Persons Property Tax Relief and
Pharmaceutical | 15 |
| Assistance Act ," approved July 17, 1972, as amended .
| 16 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 17 |
| Section 10. The Citizens Utility Board Act is amended by | 18 |
| changing Section 9 as follows:
| 19 |
| (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
| 20 |
| Sec. 9. Mailing procedure.
| 21 |
| (1) As used in this Section:
| 22 |
| (a) "Enclosure" means a card, leaflet, envelope or | 23 |
| combination thereof
furnished by the corporation under |
|
|
|
HB4585 |
- 4 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| this Section.
| 2 |
| (b) "Mailing" means any communication by a State | 3 |
| agency, other than
a mailing made by the Department of | 4 |
| Revenue under the Senior Citizens and
Disabled Persons | 5 |
| Property Tax Relief and Pharmaceutical Assistance Act,
| 6 |
| that is sent through the United States Postal Service to | 7 |
| more than 50,000
persons 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 |
|
|
|
HB4585 |
- 5 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| directly.
| 2 |
| (d) Prior to furnishing an enclosure to the State | 3 |
| agency, the
corporation shall seek and obtain approval of | 4 |
| the content of the enclosure
from the Illinois Commerce | 5 |
| Commission. The Commission shall approve the
enclosure if | 6 |
| it determines that the enclosure (i) is not false or
| 7 |
| misleading and (ii) satisfies the requirements of this Act. | 8 |
| The Commission
shall be deemed to have approved the | 9 |
| enclosure unless it disapproves the
enclosure within 14 | 10 |
| days from the date of receipt.
| 11 |
| (3) The corporation shall reimburse each State agency for | 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. 87-205.)
|
|
|
|
HB4585 |
- 6 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Section 15. The Senior Citizens and Disabled Persons | 2 |
| Property Tax Relief and
Pharmaceutical Assistance Act is | 3 |
| amended by changing Sections 1, 2, 3.01, 3.04, 3.05, 3.06, | 4 |
| 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.17, 7, 8, 8a, | 5 |
| 9, 10, 11, 12, and 13 and by adding Sections 1.5, 3.05a, 4A, | 6 |
| 5A, 5A.5, 5A.10, 5A.15, 5A.20, 6A, 6A.5, 6A.10, 6A.15, 6A.20, | 7 |
| 6A.25, 6A.30, 6A.35, and 7.5 as follows:
| 8 |
| (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
| 9 |
| Sec. 1. Short title ; common name . This Article shall be | 10 |
| known and may be cited as the "Senior Citizens and
Disabled | 11 |
| Persons Property Tax Relief and Pharmaceutical Assistance
| 12 |
| Act". Common references to the "Circuit Breaker Act" mean this | 13 |
| Article. As used in this Article, "this Act" means this | 14 |
| Article.
| 15 |
| (Source: P.A. 83-1531.)
| 16 |
| (320 ILCS 25/1.5 new) | 17 |
| Sec. 1.5. Implementation of Executive Order No. 3 of 2004. | 18 |
| Executive Order No. 3 of 2004, in part, provided for the | 19 |
| transfer of the programs under this Act from the Department of | 20 |
| Revenue to the Department on Aging and the Department of | 21 |
| Healthcare and Family Services. It is the purpose of this | 22 |
| amendatory Act of the 95th General Assembly to conform this Act | 23 |
| and certain related provisions of other statutes to that |
|
|
|
HB4585 |
- 7 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Executive Order. This amendatory Act of the 95th General | 2 |
| Assembly also reorganizes and makes technical and other changes | 3 |
| to this Act to improve its organization and readability. This | 4 |
| amendatory Act of the 95th General Assembly does not accelerate | 5 |
| or delay the taking effect of any changes in the law made by | 6 |
| Executive Order No. 3 of 2004.
| 7 |
| (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
| 8 |
| Sec. 2. Purpose.
| 9 |
| The purpose of this Act is to provide incentives to the | 10 |
| senior citizens
and disabled persons of this State to acquire | 11 |
| and retain private housing of
their choice and at the same time | 12 |
| to relieve those citizens from the
burdens of extraordinary | 13 |
| property taxes and rising drug costs against their increasingly
| 14 |
| restricted earning power, and thereby to reduce the | 15 |
| requirements for public
housing in this State.
| 16 |
| (Source: P.A. 77-2059.)
| 17 |
| (320 ILCS 25/3.01) (from Ch. 67 1/2, par. 403.01)
| 18 |
| Sec. 3.01. Claimant. "Claimant" means an individual who has | 19 |
| filed a claim for a property tax relief grant under this Act. | 20 |
| In appropriate contexts, "claimant" also includes a person who | 21 |
| has applied for pharmaceutical assistance under this Act or for | 22 |
| other benefits that are based on eligibility for benefits under | 23 |
| this Act.
| 24 |
| (Source: P.A. 77-2059.)
|
|
|
|
HB4585 |
- 8 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (320 ILCS 25/3.04) (from Ch. 67 1/2, par. 403.04)
| 2 |
| Sec. 3.04. Gross rent. "Gross rent Rent " means the total | 3 |
| amount paid solely for the right to occupy
a residence.
| 4 |
| If the residence is a nursing or sheltered care home, | 5 |
| "gross rent" means
the amount paid in a taxable year that is | 6 |
| attributable to the cost of
housing, but not of meals or care, | 7 |
| for the claimant in that home,
determined in accordance with | 8 |
| regulations of the Department on Aging .
| 9 |
| (Source: P.A. 78-1249; 78-1297.)
| 10 |
| (320 ILCS 25/3.05) (from Ch. 67 1/2, par. 403.05)
| 11 |
| Sec. 3.05. Household. "Household" means a claimant or a | 12 |
| claimant and his or her spouse , if any, living
together in the | 13 |
| same residence. The term does not include any qualified | 14 |
| additional resident who lives with the claimant.
| 15 |
| (Source: P.A. 77-2059.)
| 16 |
| (320 ILCS 25/3.05a new) | 17 |
| Sec. 3.05a. Qualified additional resident. "Qualified | 18 |
| additional resident" means a person who (i) is living in the | 19 |
| same residence with a claimant for an application period and at | 20 |
| the time of filing the claim, (ii) is not the spouse of the | 21 |
| claimant, (iii) does not file a separate claim under this Act | 22 |
| for the same application period, and (iv) receives more than | 23 |
| half of his or her total financial support for that application |
|
|
|
HB4585 |
- 9 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| period from the household.
| 2 |
| (320 ILCS 25/3.06) (from Ch. 67 1/2, par. 403.06)
| 3 |
| Sec. 3.06. Household income. "Household income" means the | 4 |
| combined income of the members of a
household. The term does | 5 |
| not include the income of any qualified additional resident who | 6 |
| lives with the claimant.
| 7 |
| (Source: P.A. 77-2059.)
| 8 |
| (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
| 9 |
| Sec. 3.07. Income. "Income" means adjusted gross income, | 10 |
| properly reportable for
federal income tax purposes under the | 11 |
| provisions of the Internal Revenue Code,
modified by adding | 12 |
| thereto the sum of the following amounts to the extent
deducted | 13 |
| or excluded from gross income in the computation of adjusted | 14 |
| gross
income:
| 15 |
| (A) An amount equal to all amounts paid or accrued as | 16 |
| interest or
dividends during the taxable year;
| 17 |
| (B) An amount equal to the amount of tax imposed by the | 18 |
| Illinois Income
Tax Act paid for the taxable year;
| 19 |
| (C) An amount equal to all amounts received during the | 20 |
| taxable year as
an annuity under an annuity, endowment or | 21 |
| life insurance contract or under
any other contract or | 22 |
| agreement;
| 23 |
| (D) An amount equal to the amount of benefits paid | 24 |
| under the Federal
Social Security Act during the taxable |
|
|
|
HB4585 |
- 10 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| year;
| 2 |
| (E) An amount equal to the amount of benefits paid | 3 |
| under the Railroad
Retirement Act during the taxable year;
| 4 |
| (F) An amount equal to the total amount of cash public | 5 |
| assistance
payments received from any governmental agency | 6 |
| during the taxable year
other than benefits received | 7 |
| pursuant to this Act;
| 8 |
| (G) An amount equal to any net operating loss carryover | 9 |
| deduction or
capital loss carryover deduction during the | 10 |
| taxable year;
| 11 |
| (H) An For claim years beginning on or after January 1, | 12 |
| 2002, an amount
equal to any benefits received under the | 13 |
| Workers' Compensation Act or the
Workers' Occupational | 14 |
| Diseases Act during the
taxable year.
| 15 |
| "Income" does not include any grant assistance received | 16 |
| under the Nursing
Home Grant Assistance Act or any | 17 |
| distributions or items of income described
under subparagraph | 18 |
| (X) of paragraph (2) of subsection (a) of Section 203 of
the | 19 |
| Illinois Income Tax Act.
| 20 |
| This amendatory Act of 1987 shall be effective for purposes | 21 |
| of this
Section for tax years ending on or after December 31, | 22 |
| 1987.
| 23 |
| (Source: P.A. 91-676, eff. 12-23-99; 92-131, eff. 7-23-01; | 24 |
| 92-519, eff.
1-1-02.)
| 25 |
| (320 ILCS 25/3.08) (from Ch. 67 1/2, par. 403.08)
|
|
|
|
HB4585 |
- 11 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Sec. 3.08. Internal Revenue Code. "Internal Revenue Code" | 2 |
| means the United States Internal Revenue Code of 1986
1954 or | 3 |
| any successor law or laws relating to federal income taxes in
| 4 |
| effect for the year.
| 5 |
| (Source: P.A. 77-2059.)
| 6 |
| (320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
| 7 |
| Sec. 3.09. Property taxes accrued. "Property taxes | 8 |
| accrued" means the ad valorem property taxes
extended against a | 9 |
| residence, but does not include special assessments,
interest | 10 |
| or charges for service. In the case of real estate improved | 11 |
| with a
multidwelling or multipurpose building, "property taxes | 12 |
| accrued" extended
against a residence within such a building is | 13 |
| an amount equal to the same
percentage of the total property | 14 |
| taxes extended against that real estate as
improved as the | 15 |
| value of the residence is to the total value of the
building. | 16 |
| If the multidwelling building is owned and operated as a
| 17 |
| cooperative, the value of an individual residence is the value | 18 |
| of the
interest in the cooperative held by the owner of record | 19 |
| of the legal or
equitable interest, other than a leasehold | 20 |
| interest, in the cooperative
which confers the right to occupy | 21 |
| that residence.
In determining the amount of grant under | 22 |
| Section 4 for 1976
and thereafter , the applicable "property | 23 |
| taxes accrued",
as determined under this Section, are those | 24 |
| payable or paid
in the last preceding taxable year.
| 25 |
| In addition, if the residence is a mobile home as defined |
|
|
|
HB4585 |
- 12 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| in and subject
to the tax imposed by the Mobile Home Local | 2 |
| Services Tax Act, "property taxes
accrued" includes the amount | 3 |
| of privilege tax paid during the calendar year for
which | 4 |
| benefits are claimed under that Act on that mobile home. If | 5 |
| Beginning in
taxable year 1999, if (i) the residence is a | 6 |
| mobile home, (ii) the resident is
the record owner of the | 7 |
| property upon which the mobile home is
located, and (iii) the | 8 |
| resident is liable for the taxes imposed under the
Property Tax | 9 |
| Code for both the mobile home and the property, then "property
| 10 |
| taxes accrued" includes the amount of property taxes paid on | 11 |
| both the mobile
home and the property upon which the mobile | 12 |
| home is located.
| 13 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-391, eff. 7-30-99.)
| 14 |
| (320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
| 15 |
| Sec. 3.10. Regulations. "Regulations" includes both rules | 16 |
| promulgated and forms prescribed by the applicable
Department. | 17 |
| In this Act, references to the rules of the Department on Aging | 18 |
| or the Department of Healthcare and Family Services shall be | 19 |
| deemed to include, in appropriate cases, the corresponding | 20 |
| rules adopted by the Department of Revenue, to the extent that | 21 |
| those rules continue in force under Executive Order No. 3 of | 22 |
| 2004.
| 23 |
| (Source: P.A. 77-2059.)
| 24 |
| (320 ILCS 25/3.11) (from Ch. 67 1/2, par. 403.11)
|
|
|
|
HB4585 |
- 13 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Sec. 3.11. Rent constituting property taxes accrued. "Rent | 2 |
| constituting property taxes accrued" means 25% of the
amount of | 3 |
| gross rent paid in a taxable year for a residence that which | 4 |
| was subject
to ad valorem property taxes in that year under the | 5 |
| Property Tax Code.
| 6 |
| (Source: P.A. 87-860; 88-670, eff. 12-2-94.)
| 7 |
| (320 ILCS 25/3.12) (from Ch. 67 1/2, par. 403.12)
| 8 |
| Sec. 3.12. Residence. "Residence" means the principal | 9 |
| dwelling place occupied in this State by
a household and so | 10 |
| much of the surrounding land as is reasonably necessary
for use | 11 |
| of the dwelling as a home, and includes rental property, mobile
| 12 |
| homes, single family dwellings, and units in multifamily, | 13 |
| multidwelling or
multipurpose buildings. If the assessor has | 14 |
| established a specific legal
description for a portion of | 15 |
| property constituting the residence, then that
portion of | 16 |
| property shall be deemed "residence" for the purposes of this
| 17 |
| Act. "Residence" also includes that portion of a nursing or | 18 |
| sheltered care
home occupied as a dwelling by a claimant, | 19 |
| determined as prescribed in
regulations of the Department on | 20 |
| Aging .
| 21 |
| (Source: P.A. 78-1249.)
| 22 |
| (320 ILCS 25/3.13) (from Ch. 67 1/2, par. 403.13)
| 23 |
| Sec. 3.13. Taxable year. "Taxable year" means the calendar | 24 |
| year during which ad valorem property
taxes payable in the next |
|
|
|
HB4585 |
- 14 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| succeeding calendar year were levied.
| 2 |
| (Source: P.A. 77-2059.)
| 3 |
| (320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
| 4 |
| Sec. 3.14. Disabled person. "Disabled person" means a | 5 |
| person unable to engage in any substantial
gainful activity by | 6 |
| reason of a medically determinable physical or mental
| 7 |
| impairment that which can be expected to result in death or has | 8 |
| lasted or can be
expected to last for a continuous period of | 9 |
| not less than 12 months.
Disabled persons filing claims under | 10 |
| this Act shall submit proof of
disability in such form and | 11 |
| manner as the Department on Aging shall by rule and
regulation | 12 |
| prescribe. Proof that a claimant is eligible to receive
| 13 |
| disability benefits under the federal Federal Social Security | 14 |
| Act shall constitute
proof of disability for purposes of this | 15 |
| Act. Issuance of an Illinois
Disabled Person Identification | 16 |
| Card stating that the claimant is under a
Class 2 disability, | 17 |
| as defined in Section 4A of the The Illinois Identification
| 18 |
| Card Act, shall constitute proof that the person named thereon | 19 |
| is a
disabled person for purposes of this Act. A disabled | 20 |
| person not covered
under the federal Federal Social Security | 21 |
| Act
and not presenting a Disabled Person Identification Card | 22 |
| stating that
the claimant is under a Class 2 disability
shall | 23 |
| be examined by a physician
designated by the Department on | 24 |
| Aging , and his or her status as a disabled person
determined | 25 |
| using the same standards as are used by the Social Security
|
|
|
|
HB4585 |
- 15 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Administration. The costs of any required examination shall be | 2 |
| borne by the
claimant.
| 3 |
| (Source: P.A. 83-1421.)
| 4 |
| (320 ILCS 25/3.17) (from Ch. 67 1/2, par. 403.17)
| 5 |
| Sec. 3.17. Authorized pharmacy. "Authorized pharmacy" | 6 |
| means any pharmacy enrolled with the Department of Healthcare | 7 |
| and Family Services registered
in this State under the Pharmacy | 8 |
| Practice Act .
| 9 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 10 |
| (320 ILCS 25/4A new) | 11 |
| Sec. 4A. Application. The Department on Aging shall | 12 |
| establish the form and manner of applying for benefits under | 13 |
| this Act. The application may enable persons to apply for both | 14 |
| a property tax relief grant and pharmaceutical assistance on | 15 |
| the same application. The application may also enable persons | 16 |
| to apply for other State or federal programs that provide | 17 |
| medical or pharmaceutical assistance or other benefits, as | 18 |
| determined by the Department on Aging in conjunction with the | 19 |
| Department of Healthcare and Family Services. | 20 |
| (320 ILCS 25/5A new) | 21 |
| Sec. 5A. Property Tax Relief; program. There is hereby | 22 |
| established a program of property tax relief grants for senior | 23 |
| citizens and disabled persons, which shall be administered by |
|
|
|
HB4585 |
- 16 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| the Department on Aging in accordance with this Act and | 2 |
| Executive Order No. 3 of 2004. These grants shall be payable to | 3 |
| eligible claimants as provided in this Act. | 4 |
| (320 ILCS 25/5A.5 new) | 5 |
| Sec. 5A.5. Property Tax Relief; filing of claims. | 6 |
| (a) A person may file a claim for the year in which he or | 7 |
| she turns age 65 during that year. | 8 |
| (b) Only one member of a household may file a claim under | 9 |
| this Act in any application period; if both members of a | 10 |
| household are otherwise entitled to claim a grant under this | 11 |
| Act, they must agree as to which of them will file a claim for | 12 |
| that application period. | 13 |
| (c) The right to file a claim under this Act is personal to | 14 |
| the claimant and shall not survive his or her death, but that | 15 |
| right may be exercised on behalf of a claimant by his or her | 16 |
| legal guardian or attorney-in-fact. If a claimant dies after | 17 |
| having filed a timely claim, the amount of the grant shall be | 18 |
| disbursed to the claimant's surviving spouse or, if no spouse | 19 |
| survives, to his or her surviving dependent minor children in | 20 |
| equal parts, provided that the spouse or child, as the case may | 21 |
| be, resided with the claimant at the time he or she filed the | 22 |
| claim. If at the time of disbursement neither the claimant nor | 23 |
| his or her spouse survive, and no dependent minor children of | 24 |
| the claimant survive, then the amount of the claim shall | 25 |
| escheat to the State. |
|
|
|
HB4585 |
- 17 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (320 ILCS 25/5A.10 new) | 2 |
| Sec. 5A.10. Property Tax Relief; eligibility. | 3 |
| (a) To be eligible to claim a grant under this Act, a | 4 |
| person must be one of the following: | 5 |
| (1) An individual who is 65 years old or older (or who | 6 |
| will become 65 years old during the calendar year in which | 7 |
| the claim is filed). | 8 |
| (2) The surviving spouse of a deceased claimant who, at | 9 |
| the time of death, received or was entitled to receive a | 10 |
| grant or pharmaceutical assistance under this Act, if the | 11 |
| surviving spouse will attain age 65 within the 24 months | 12 |
| immediately following the death of the claimant and is | 13 |
| otherwise qualified to receive a grant. | 14 |
| (3) A disabled person who is 16 years old or older. | 15 |
| (b) To be eligible to claim a grant under this Act, a | 16 |
| person must also be a member of a household that meets all of | 17 |
| the following requirements: | 18 |
| (1) In the year for which the claim is filed, the | 19 |
| household was liable for payment of property taxes accrued | 20 |
| or paid rent constituting property taxes accrued. | 21 |
| (2) The household is domiciled in this State at the | 22 |
| time of filing the claim. | 23 |
| (3) The household has annual household income of (i) | 24 |
| less than $22,218 for a one-person household with no | 25 |
| qualified additional residents; (ii) less than $29,480 for |
|
|
|
HB4585 |
- 18 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| a one-person household with one qualified additional | 2 |
| resident or a 2-person household with no qualified | 3 |
| additional residents; or (iii) less than $36,740 for a | 4 |
| one-person household with 2 or more qualified additional | 5 |
| residents or a 2-person household with one or more | 6 |
| qualified additional residents. ("Annual household income" | 7 |
| does not include the income of any qualified additional | 8 |
| residents.) | 9 |
| Beginning January 1, 2009, a one-time reconciliation | 10 |
| shall be made to the foregoing household income eligibility | 11 |
| limits to ensure correlation with any income exemptions | 12 |
| established through rulemaking adopted by the Department | 13 |
| of Healthcare and Family Services for the Illinois Cares Rx | 14 |
| Program. | 15 |
| Beginning January 1, 2009, the reconciled household | 16 |
| income eligibility limits shall be annually adjusted to | 17 |
| reflect the annual change in Social Security and | 18 |
| Supplemental Security Income benefits based on the Bureau | 19 |
| of Labor Statistics' Consumer Price Index for Urban Wage | 20 |
| Earners and Clerical Workers (CPI-W) on claims filed for | 21 |
| the 2008 grant year and thereafter. | 22 |
| If any household income eligibility limit is less than | 23 |
| 200% of the Federal Poverty Level for any year, the | 24 |
| household income eligibility limit for that year for | 25 |
| households of that size shall be income equal to or less | 26 |
| than 200% of the Federal Poverty Level. |
|
|
|
HB4585 |
- 19 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (c) Eligibility to receive a grant under this Act is not | 2 |
| affected by participation in the program of deferrals created | 3 |
| under the Senior Citizens Real Estate Tax Deferral Act. | 4 |
| (320 ILCS 25/5A.15 new) | 5 |
| Sec. 5A.15. Property Tax Relief; amount. | 6 |
| (a) In general. Except as otherwise provided in this | 7 |
| Section, the maximum amount of the grant that a claimant is | 8 |
| entitled to claim is the amount by which the property taxes | 9 |
| accrued that were paid or payable during the last preceding tax | 10 |
| year upon the claimant's residence (or the rent constituting | 11 |
| property taxes accrued for the last preceding tax year) exceeds | 12 |
| 3.5% of the claimant's household income for that year, but in | 13 |
| no event is the grant to exceed (i) $700 less 4.5% of household | 14 |
| income for that year for a claimant with a household income of | 15 |
| $14,000 or less or (ii) $70 for a claimant with a household | 16 |
| income for that year of more than $14,000. | 17 |
| (b) Age limitation. With respect to a claim filed by an | 18 |
| individual who will become 65 years old during the calendar | 19 |
| year in which the claim is filed, the amount of any grant to | 20 |
| which that household is entitled shall be an amount equal to | 21 |
| 1/12 of the amount to which the claimant would otherwise be | 22 |
| entitled, multiplied by the number of months in which the | 23 |
| claimant was 65 years of age or older in the calendar year in | 24 |
| which the claim is filed. | 25 |
| (c) Public aid recipients. If household income in one or |
|
|
|
HB4585 |
- 20 - |
LRB095 15275 DRJ 41261 b |
|
| 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, which was | 4 |
| determined under regulations of that Department on a measure of | 5 |
| need that included an allowance for actual rent or property | 6 |
| taxes paid by the recipient of that assistance, the amount of | 7 |
| grant to which that household is entitled, except as otherwise | 8 |
| provided in subsection (b), shall be the product of (1) the | 9 |
| maximum amount computed as specified in subsection (a) of this | 10 |
| Section and (2) the ratio of the number of months in which | 11 |
| household income did not include such cash assistance over $55 | 12 |
| to the number 12. If household income did not include such cash | 13 |
| assistance over $55 for any months during the year, the amount | 14 |
| of the grant to which the household is entitled shall be the | 15 |
| maximum amount computed as specified in subsection (a) of this | 16 |
| Section. For purposes of this subsection (c), "cash assistance" | 17 |
| does not include any amount received under the federal | 18 |
| Supplemental Security Income (SSI) program. | 19 |
| (d) Joint ownership. If title to the residence is held | 20 |
| jointly by the claimant with a person who is not a member of | 21 |
| his or her household, the grant to which the claimant is | 22 |
| entitled shall be computed using a percentage of the total | 23 |
| property taxes accrued that is the same as the percentage of | 24 |
| ownership held by the claimant in the residence. | 25 |
| (e) More than one residence. If a claimant has occupied | 26 |
| more than one residence in the taxable year, he or she may |
|
|
|
HB4585 |
- 21 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| claim only one residence for any part of a month. In the case | 2 |
| of property taxes accrued, the amount of the grant shall be | 3 |
| prorated by 1/12 of the total property taxes accrued on his or | 4 |
| her residence for each month that he or she owned and occupied | 5 |
| that residence; and, in the case of rent constituting property | 6 |
| taxes accrued, the amount of the grant shall be prorated for | 7 |
| each month's rent payments on the residence actually occupied | 8 |
| during that month. | 9 |
| (f) Claims of one dollar and under. If the amount of a | 10 |
| grant computed under this Section is less than one dollar, the | 11 |
| Department on Aging shall pay to the claimant one dollar. | 12 |
| (320 ILCS 25/5A.20 new) | 13 |
| Sec. 5A.20. Property Tax Relief; administration of claims. | 14 |
| (a) In general. Upon receipt of a timely filed claim, the | 15 |
| Department on Aging shall determine whether the claimant is a | 16 |
| person entitled to a grant under this Act and the amount of a | 17 |
| grant to which he or she is entitled under this Act. The | 18 |
| Department on Aging may require the claimant to furnish | 19 |
| reasonable proof of the statements of domicile, household | 20 |
| income, rent paid, property taxes accrued, and other matters on | 21 |
| which entitlement is based and may withhold payment of a grant | 22 |
| until the additional proof is furnished. | 23 |
| (b) Rental determination. If the Department on Aging finds | 24 |
| that the gross rent used in the computation by a claimant of | 25 |
| rent constituting property taxes accrued exceeds the fair |
|
|
|
HB4585 |
- 22 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| rental value for the right to occupy that residence, the | 2 |
| Department on Aging may determine the fair rental value for | 3 |
| that residence and recompute rent constituting property taxes | 4 |
| accrued accordingly. | 5 |
| (c) Fraudulent claims. The Department on Aging shall deny a | 6 |
| claim if it determines that the claim was fraudulently prepared | 7 |
| or that the claimant has acquired title to his or her residence | 8 |
| or has paid rent for his or her residence primarily for the | 9 |
| purpose of receiving a grant under this Act. | 10 |
| (d) Payment; notice. If a claim for a grant under this Act | 11 |
| is approved, the Department on Aging shall order the grant to | 12 |
| be paid to the claimant, from appropriations made for that | 13 |
| purpose, in the amount determined by the Department on Aging, | 14 |
| as provided in this Act. If a claim is denied, the Department | 15 |
| on Aging shall cause written notice of the denial and reasons | 16 |
| for the denial to be sent to the claimant. | 17 |
| (e) The Department on Aging may enter into contracts and | 18 |
| other agreements to implement and administer its powers and | 19 |
| duties under this Act. | 20 |
| (f) Notwithstanding any other provision to the contrary, | 21 |
| the Department
on Aging may adopt rules regarding applications, | 22 |
| proof of eligibility, counting of income, and a method of | 23 |
| computing "gross rent" in the case of a claimant living in a | 24 |
| nursing or sheltered care home, and any other rules necessary | 25 |
| for the cost-efficient operation of the program established | 26 |
| under Section 5A. |
|
|
|
HB4585 |
- 23 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (320 ILCS 25/6A new) | 2 |
| Sec. 6A. Pharmaceutical Assistance; program. There is | 3 |
| hereby established a program of pharmaceutical assistance to | 4 |
| the aged and disabled, entitled the Illinois Seniors and | 5 |
| Disabled Drug Coverage Program, which shall be administered by | 6 |
| the Department of Healthcare and Family Services and the | 7 |
| Department on Aging in accordance with this Act and Executive | 8 |
| Order No. 3 of 2004, to consist of coverage of specified | 9 |
| prescription drugs on behalf of beneficiaries of the program. | 10 |
| (320 ILCS 25/6A.5 new) | 11 |
| Sec. 6A.5. Pharmaceutical Assistance; eligibility; rules. | 12 |
| (a) To become a beneficiary under the program established | 13 |
| under Section 6A, a person must meet all of the following | 14 |
| requirements: | 15 |
| (1) He or she must be (i) 65 years of age or older or | 16 |
| (ii) a disabled person who is 16 years old or older. | 17 |
| (2) He or she must be domiciled in this State at the | 18 |
| time of filing the claim and while receiving prescription | 19 |
| drug coverage. | 20 |
| (3) He or she must enroll with a qualified Medicare | 21 |
| Part D
Prescription Drug Plan if eligible and apply for all | 22 |
| available subsidies under Medicare Part D. | 23 |
| (4) He or she must have a maximum household income of | 24 |
| (i) less than
$21,218 for a household containing one |
|
|
|
HB4585 |
- 24 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| person; (ii) less than $28,480 for a household containing 2 | 2 |
| persons; or (iii) less than $35,740 for a household | 3 |
| containing 3 or more persons, as adjusted for any income | 4 |
| exemptions established through rulemaking adopted by the | 5 |
| Department of Healthcare and Family Services. | 6 |
| Beginning January 1, 2009, the foregoing household | 7 |
| income eligibility limits shall be annually adjusted to | 8 |
| reflect the annual change in Social Security and | 9 |
| Supplemental Security Income benefits based on the Bureau | 10 |
| of Labor Statistics' Consumer Price Index for Urban Wage | 11 |
| Earners and Clerical Workers (CPI-W) on claims filed for | 12 |
| the 2007 grant year and thereafter. | 13 |
| If any income eligibility limit set forth in items (i) | 14 |
| through (iii) is less than 200% of the Federal Poverty | 15 |
| Level for any year, the income eligibility limit for that | 16 |
| year for households of that size shall be income equal to | 17 |
| or less than 200% of the Federal Poverty Level. | 18 |
| (b) Income eligibility for pharmaceutical assistance shall | 19 |
| be determined using the applicant's current annual household | 20 |
| income. The Department of Healthcare and Family Services, in | 21 |
| cooperation with the Department on Aging, may define by rule a | 22 |
| manner of projecting current annual household income when | 23 |
| income is expected to decline. | 24 |
| (c) In order to receive pharmaceutical assistance under | 25 |
| this Act, each eligible person must also sign a statement | 26 |
| assigning to the State of Illinois the drug benefits that may |
|
|
|
HB4585 |
- 25 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| be otherwise claimed under any private insurance plan. | 2 |
| (d) If both members of a household meet all of the | 3 |
| requirements of this Section, then they are both eligible for | 4 |
| pharmaceutical assistance under this Act. A qualified | 5 |
| additional resident is not eligible for pharmaceutical | 6 |
| assistance. | 7 |
| (e) Any person otherwise eligible for pharmaceutical
| 8 |
| assistance under this Section whose covered prescription drugs | 9 |
| are covered by any public program is ineligible for assistance | 10 |
| under this subsection to the extent that the cost of those | 11 |
| drugs is covered by the other program. | 12 |
| (320 ILCS 25/6A.10 new) | 13 |
| Sec. 6A.10. Pharmaceutical Assistance; Medicare Part D. To | 14 |
| the extent permitted by federal law, the Department of | 15 |
| Healthcare and Family Services
may act as an authorized | 16 |
| representative of a beneficiary in order to enroll the | 17 |
| beneficiary in a Medicare Part D Prescription Drug Plan if the | 18 |
| beneficiary has failed to choose a plan and, when possible, to | 19 |
| enroll a beneficiary in the low-income subsidy program under | 20 |
| Medicare Part D or assist him or her in enrolling in that | 21 |
| program. | 22 |
| (320 ILCS 25/6A.15 new) | 23 |
| Sec. 6A.15. Pharmaceutical Assistance; beneficiary groups.
| 24 |
| Beneficiaries under the program
shall be divided into the |
|
|
|
HB4585 |
- 26 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| following 5 eligibility groups: | 2 |
| (1) Eligibility Group 1 shall consist of
beneficiaries | 3 |
| who are not eligible for Medicare Part D coverage and who | 4 |
| are any of the following: | 5 |
| (A) Disabled and under age 65. | 6 |
| (B) Age 65 or older, with incomes over 200% of
the | 7 |
| Federal Poverty Level. | 8 |
| (C) Age 65 or older, with incomes at or below
200% | 9 |
| of the Federal Poverty Level and not eligible for | 10 |
| federally funded means-tested benefits due to | 11 |
| immigration status. | 12 |
| (2) Eligibility Group 2 shall consist of
beneficiaries | 13 |
| otherwise described in Eligibility Group 1 but who are | 14 |
| eligible for Medicare Part D coverage. | 15 |
| (3) 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 eligible for Medicare Part D coverage. | 20 |
| (4) Eligibility Group 4 shall consist of
beneficiaries | 21 |
| age 65 or older, with incomes at or below 200% of the | 22 |
| Federal Poverty Level, who are not barred from receiving | 23 |
| federally funded means-tested benefits due to immigration | 24 |
| status and are not eligible for Medicare Part D coverage.
| 25 |
| If the State applies and receives federal approval
for a | 26 |
| waiver under Title XIX of the Social Security Act, persons |
|
|
|
HB4585 |
- 27 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| in Eligibility Group 4 shall continue to receive benefits | 2 |
| through the approved waiver, and Eligibility Group 4 may be | 3 |
| expanded to include disabled persons under age 65 with | 4 |
| incomes under 200% of the Federal Poverty Level who are not | 5 |
| eligible for Medicare and who are not barred from receiving | 6 |
| federally funded means-tested benefits due to immigration | 7 |
| status. | 8 |
| (5) On and after January 1, 2007, Eligibility Group
5 | 9 |
| shall consist of beneficiaries who are otherwise described | 10 |
| in Eligibility Group 1 but are eligible for Medicare Part D | 11 |
| and have a diagnosis of HIV or AIDS. | 12 |
| (320 ILCS 25/6A.20 new) | 13 |
| Sec. 6A.20. Pharmaceutical Assistance; cost-sharing. | 14 |
| (a) The program established under Section 6A shall cover
| 15 |
| the cost of covered prescription drugs in excess of the | 16 |
| beneficiary cost-sharing amounts set forth in this Section that | 17 |
| are not covered by Medicare. In 2006, beneficiaries shall pay a | 18 |
| co-payment of $2 for each prescription of a generic drug and $5 | 19 |
| for each prescription of a brand name drug. In future years, | 20 |
| beneficiaries shall pay co-payments equal to the co-payments | 21 |
| required under Medicare Part D for "other low income subsidy | 22 |
| eligible individuals" pursuant to 42 CFR 423.782(b). | 23 |
| (b) For individuals in Eligibility Groups 1, 2, 3, and 4, | 24 |
| once the program established under Section 6A and Medicare | 25 |
| combined have paid $1,750 in a year for covered prescription |
|
|
|
HB4585 |
- 28 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| drugs, the beneficiary shall pay 20% of the cost of each | 2 |
| prescription in addition to the co-payments set forth in this | 3 |
| Section. | 4 |
| (c) For individuals in Eligibility Group 5, once the | 5 |
| program established under Section 6A and Medicare combined have | 6 |
| paid $1,750 in a year for covered prescription drugs, the | 7 |
| beneficiary shall pay 20% of the cost of each prescription in | 8 |
| addition to the co-payments set forth in this Section unless | 9 |
| the drug is included in the formulary of the Illinois AIDS Drug | 10 |
| Assistance Program operated by the Illinois Department of | 11 |
| Public Health. If the drug is included in the formulary of the | 12 |
| Illinois AIDS Drug Assistance Program, individuals in | 13 |
| Eligibility Group 5 shall continue to pay the co-payments set | 14 |
| forth in this Section after the program established under | 15 |
| Section 6A and Medicare combined have paid $1,750 in a year for | 16 |
| covered prescription drugs. | 17 |
| (d) For beneficiaries eligible for Medicare Part D | 18 |
| coverage,
the program established under Section 6A shall pay | 19 |
| 100% of the premiums charged by a qualified Medicare Part D | 20 |
| Prescription Drug Plan for Medicare Part D basic prescription | 21 |
| drug coverage, not including any late enrollment penalties. | 22 |
| Qualified Medicare Part D Prescription Drug Plans may be | 23 |
| limited by the Department of Healthcare and Family Services to | 24 |
| those plans that sign a coordination agreement with the | 25 |
| Department. |
|
|
|
HB4585 |
- 29 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (320 ILCS 25/6A.25 new) | 2 |
| Sec. 6A.25. Pharmaceutical Assistance; covered | 3 |
| prescription drugs. | 4 |
| (a) For purposes of the program
established under Section | 5 |
| 6A, the term "covered prescription drug" has the following | 6 |
| meanings: | 7 |
| (1) For Eligibility Group 1, "covered prescription | 8 |
| drug"
means the following: | 9 |
| (A) Any cardiovascular agent or drug. | 10 |
| (B) Any insulin or other prescription drug used in | 11 |
| the treatment of diabetes, including syringes and | 12 |
| needles used to administer the insulin. | 13 |
| (C) Any prescription drug used in the treatment of | 14 |
| arthritis. | 15 |
| (D) Any prescription drug used in the treatment of | 16 |
| cancer. | 17 |
| (E) Any prescription drug used in the treatment of | 18 |
| Alzheimer's disease. | 19 |
| (F) Any prescription drug used in the treatment of | 20 |
| Parkinson's disease. | 21 |
| (G) Any prescription drug used in the treatment of | 22 |
| glaucoma. | 23 |
| (H) Any prescription drug used in the treatment of | 24 |
| lung disease and smoking related illnesses. | 25 |
| (I) Any prescription drug used in the treatment of | 26 |
| osteoporosis. |
|
|
|
HB4585 |
- 30 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (J) Any prescription drug used in the treatment of | 2 |
| multiple sclerosis. | 3 |
| The Department may add additional therapeutic classes | 4 |
| by rule. The Department may adopt a preferred drug list | 5 |
| within any of the classes of drugs described in items (A) | 6 |
| through (J) of this paragraph (1). The specific drugs or | 7 |
| therapeutic classes of covered prescription drugs shall be | 8 |
| indicated by rule. | 9 |
| (2) For Eligibility Group 2, "covered prescription | 10 |
| drug"
means those drugs covered for Eligibility Group 1 | 11 |
| that are also covered by the Medicare Part D Prescription | 12 |
| Drug Plan in which the beneficiary is enrolled. | 13 |
| (3) For Eligibility Group 3, "covered prescription | 14 |
| drug"
means those drugs covered by the Medicare Part D | 15 |
| Prescription Drug Plan in which the beneficiary is | 16 |
| enrolled. | 17 |
| (4) For Eligibility Group 4, "covered prescription | 18 |
| drug"
means those drugs covered by the Medical Assistance | 19 |
| Program under Article V of the Illinois Public Aid Code. | 20 |
| (5) For Eligibility Group 5, for individuals otherwise | 21 |
| described in Eligibility Group 2, "covered prescription | 22 |
| drug"
means all of the following: | 23 |
| (A) Those drugs covered for Eligibility Group 2 | 24 |
| that are also covered by the Medicare Part D | 25 |
| Prescription Drug Plan in which the beneficiary is | 26 |
| enrolled. |
|
|
|
HB4585 |
- 31 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (B) Those drugs included in the formulary of the | 2 |
| Illinois AIDS Drug Assistance Program operated by the | 3 |
| Illinois Department of Public Health that are also | 4 |
| covered by the Medicare Part D Prescription Drug Plan | 5 |
| in which the beneficiary is enrolled. | 6 |
| For Eligibility Group 5, for individuals otherwise | 7 |
| described in Eligibility Group 3, "covered prescription | 8 |
| drug" means those drugs covered by the Medicare Part D | 9 |
| Prescription Drug Plan in which the beneficiary is | 10 |
| enrolled. | 11 |
| (b) An individual in Eligibility Group 1, 2, 3, 4, or 5 may | 12 |
| opt to
receive a $25 monthly payment in lieu of the direct | 13 |
| coverage described in this Section. | 14 |
| (320 ILCS 25/6A.30 new) | 15 |
| Sec. 6A.30. Pharmaceutical Assistance; payments to | 16 |
| authorized pharmacies. | 17 |
| (a) The Department of Healthcare and Family Services shall
| 18 |
| establish by rule the methods by which it will provide for the | 19 |
| coverage called for in the program established under Section | 20 |
| 6A. Those methods may include direct reimbursement to | 21 |
| pharmacies or the payment of a capitated amount to Medicare | 22 |
| Part D Prescription Drug Plans. | 23 |
| (b) For a pharmacy to be reimbursed under the program
| 24 |
| established under Section 6A, it must comply with rules adopted | 25 |
| by the Department of Healthcare and Family Services regarding |
|
|
|
HB4585 |
- 32 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| coordination of benefits with Medicare Part D Prescription Drug | 2 |
| Plans. A pharmacy may not charge a Medicare enrolled | 3 |
| beneficiary of the program established under Section 6A more | 4 |
| for a covered prescription drug than the appropriate Medicare | 5 |
| cost-sharing less any payment from or on behalf of the | 6 |
| Department of Healthcare and Family Services. | 7 |
| (320 ILCS 25/6A.35 new) | 8 |
| Sec. 6A.35. Pharmaceutical Assistance; administration by | 9 |
| Department of Healthcare and Family Services. | 10 |
| (a) The Department of Healthcare and Family Services, in | 11 |
| cooperation with the Department on Aging, as appropriate, may | 12 |
| adopt rules regarding applications, counting of income, proof | 13 |
| of Medicare status, mandatory generic policies, identification | 14 |
| card fees, and pharmacy reimbursement rates and any other rules | 15 |
| necessary for the cost-efficient operation of the program | 16 |
| established under Section 6A. | 17 |
| (b) The Department of Healthcare and Family Services shall | 18 |
| allow all pharmacies licensed under the Pharmacy Practice Act | 19 |
| to participate as authorized pharmacies unless they have been | 20 |
| removed from that status for cause. The Director of Healthcare | 21 |
| and Family Services may enter into a written contract with any | 22 |
| State agency, instrumentality, or political subdivision, or a | 23 |
| fiscal intermediary, for the purpose of making payments to | 24 |
| authorized pharmacies for covered prescription drugs and | 25 |
| coordinating the program of pharmaceutical assistance |
|
|
|
HB4585 |
- 33 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| established by this Act with other programs that provide | 2 |
| payment for covered prescription drugs. Any such agreement | 3 |
| shall establish procedures for properly contracting for | 4 |
| pharmacy services, validating reimbursement claims, validating | 5 |
| compliance of dispensing pharmacists with the contracts for | 6 |
| participation required under this Section, validating the | 7 |
| reasonable costs of covered prescription drugs, and otherwise | 8 |
| providing for the effective administration of this Act. | 9 |
| (c) The Department of Healthcare and Family Services shall | 10 |
| administer the following aspects of the program of | 11 |
| pharmaceutical assistance: | 12 |
| (1) Execution of contracts with pharmacies to
dispense | 13 |
| covered prescription drugs. The contracts shall stipulate | 14 |
| terms and conditions for authorized pharmacies' | 15 |
| participation and the rights of the State to terminate a | 16 |
| pharmacy's participation for breach of the contract or for | 17 |
| violation of this Act or related rules and regulations of | 18 |
| the Department of Healthcare and Family Services. | 19 |
| (2) Establishment of maximum limits on the size of
| 20 |
| prescriptions, new or refilled, which shall be in amounts | 21 |
| sufficient for 34 days, except as otherwise specified by | 22 |
| rule for medical or utilization control reasons. | 23 |
| (3) Establishment of liens upon any and all causes
of | 24 |
| action that accrue to a beneficiary as a result of injuries | 25 |
| for which covered prescription drugs are directly or | 26 |
| indirectly required and for which the Director of |
|
|
|
HB4585 |
- 34 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Healthcare and Family Services made payment or became | 2 |
| liable under this Act. | 3 |
| (4) Charging or collection of payments from third
| 4 |
| parties or private plans of assistance, or from other | 5 |
| programs of public assistance, for any claim that is | 6 |
| properly chargeable under the assignment of benefits | 7 |
| executed by beneficiaries as a requirement of eligibility | 8 |
| for pharmaceutical assistance under this Act. | 9 |
| (5) Provision for automatic enrollment of
| 10 |
| beneficiaries into a Medicare Discount Card program | 11 |
| authorized under the federal Medicare Modernization Act of | 12 |
| 2003 (P.L. 108-391) to coordinate coverage, including | 13 |
| Medicare Transitional Assistance. | 14 |
| (6) Inspection of appropriate records and audit of
| 15 |
| participating authorized pharmacies to ensure contract | 16 |
| compliance and to determine any fraudulent transactions or | 17 |
| practices under this Act. | 18 |
| (7) Determination of the reasonable costs of
covered | 19 |
| prescription drugs for which payments are made under this | 20 |
| Act. | 21 |
| (d) The Department of Healthcare and Family Services shall | 22 |
| annually report to the Governor and the General Assembly by | 23 |
| September 1st of each year, beginning in 2008, on the | 24 |
| administration of pharmaceutical assistance under this Act | 25 |
| during the preceding fiscal year.
|
|
|
|
HB4585 |
- 35 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
| 2 |
| Sec. 7. Review of action or determination Payment and | 3 |
| denial of claims . | 4 |
| (a) Any person aggrieved by an action or determination of | 5 |
| the Department on Aging arising under any of its powers or | 6 |
| duties under this Act may request in writing that the | 7 |
| Department on Aging reconsider its action or determination, | 8 |
| setting out the facts upon which the request is based. The | 9 |
| Department on Aging shall consider the request and either | 10 |
| modify or affirm its prior action or determination. The | 11 |
| Department on Aging may adopt by rule procedures for conducting | 12 |
| its review under this Section. | 13 |
| (b) Any person aggrieved by an action or determination of | 14 |
| the Department of Healthcare and Family Services arising under | 15 |
| any of its powers or duties under this Act may request in | 16 |
| writing that the Department of Healthcare and Family Services | 17 |
| reconsider its action or determination, setting out the facts | 18 |
| upon which the request is based. The Department of Healthcare | 19 |
| and Family Services shall consider the request and either | 20 |
| modify or affirm its prior action or determination. The | 21 |
| Department of Healthcare and Family Services may adopt by rule | 22 |
| procedures for conducting its review under this Section. | 23 |
| (a) In general. The Director shall order the payment from | 24 |
| appropriations
made for that purpose of grants to claimants | 25 |
| under this Act in the amounts
to which the Department has | 26 |
| determined they are entitled, respectively. If
a claim is |
|
|
|
HB4585 |
- 36 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| denied, the Director shall cause written notice of that denial
| 2 |
| and the reasons for that denial to be sent to the claimant.
| 3 |
| (b) Payment of claims one dollar and under. Where the | 4 |
| amount of the
grant computed under Section 4 is less than one | 5 |
| dollar, the Department
shall pay to the claimant one dollar.
| 6 |
| (c) Right to appeal. Any claimant aggrieved by the action | 7 |
| of the
Department under this Act, whether in the reduction of | 8 |
| the amount of the
grant claimed or in the denial of the claim, | 9 |
| may request in writing that
the Department reconsider its prior | 10 |
| determination, setting out the facts on
which his request is | 11 |
| based. The Department shall consider the request and
either | 12 |
| modify or affirm its prior determination.
| 13 |
| (d) Administrative review. The decision of the Department | 14 |
| to affirm its
prior determination, or the failure of the | 15 |
| Department to act on a request
for reconsideration within 60 | 16 |
| days, is a final administrative decision
which is subject to | 17 |
| judicial review under the Administrative Review Law,
and all | 18 |
| amendments and modifications thereof and the rules adopted | 19 |
| thereto.
The term "administrative decision" is defined as in | 20 |
| Section 3-101 of the
Code of Civil Procedure.
| 21 |
| (Source: P.A. 82-783.)
| 22 |
| (320 ILCS 25/7.5 new) | 23 |
| Sec. 7.5. Providing insurance information. Notwithstanding | 24 |
| any other law to the contrary, entities subject to the Illinois | 25 |
| Insurance Code, the Comprehensive Health Insurance Plan Act, |
|
|
|
HB4585 |
- 37 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| the Dental Service Plan Act, the Children's Health Insurance | 2 |
| Program Act, the Health Care Purchasing Group Act, the Health | 3 |
| Maintenance Organization Act, the Limited Health Service | 4 |
| Organization Act, the Voluntary Health Services Plans Act, and | 5 |
| the Workers' Compensation Act, including, but not limited to, | 6 |
| insurers, health maintenance organizations, pharmacy benefit | 7 |
| managers, third party administrators, fraternal benefit | 8 |
| societies, group funded workers' compensation pools, municipal | 9 |
| group funded pools, self-funded or self-insured welfare or | 10 |
| benefit plans or programs, and any other entities that provide | 11 |
| health coverage through an employer, union, trade association, | 12 |
| or other organization or source, or any other entities, must | 13 |
| provide information to the Department on Aging or the | 14 |
| Department of Healthcare and Family Services, or the designee | 15 |
| of either of those Departments, that is necessary to carry out | 16 |
| the purposes of this Act, including, but not limited to, the | 17 |
| name, social security number, address, date of birth, and | 18 |
| coverage of their policyholders, their subscribers, or the | 19 |
| beneficiaries of their plans, benefits, or services, who | 20 |
| participate in the programs under this Act. The provision of | 21 |
| this information to the Department on Aging or the Department | 22 |
| of Healthcare and Family Services, or their designees, is | 23 |
| subject to the confidentiality provisions in Section 8a of this | 24 |
| Act.
| 25 |
| (320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
|
|
|
|
HB4585 |
- 38 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Sec. 8. Records. Every claimant of a grant under this Act | 2 |
| and every applicant for pharmaceutical assistance under this | 3 |
| Act shall keep such records, render
such statements, file such | 4 |
| forms and comply with such rules and regulations
as the | 5 |
| Department on Aging may from time to time prescribe. The | 6 |
| Department on Aging may by
regulations require landlords to | 7 |
| furnish to tenants statements as to gross
rent or rent | 8 |
| constituting property taxes accrued.
| 9 |
| (Source: P.A. 77-2059.)
| 10 |
| (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
| 11 |
| Sec. 8a. Confidentiality.
| 12 |
| (a) Except as otherwise provided in this Act , all
| 13 |
| information received by the Department of Revenue or its | 14 |
| successors, the Department on Aging and the Department of | 15 |
| Healthcare and Family Services, from claims filed under this | 16 |
| Act, or
from any investigation conducted under the provisions
| 17 |
| of this Act, shall be confidential, except for official | 18 |
| purposes within those Departments
the Department or pursuant to | 19 |
| official
procedures for collection of any State tax or | 20 |
| enforcement of any civil or
criminal penalty or sanction | 21 |
| imposed
by this Act or by any statute imposing a State tax, and | 22 |
| any person who divulges
any such information in any
manner, | 23 |
| except for such purposes and pursuant to order of the Director | 24 |
| of one of those Departments or
in accordance with a proper | 25 |
| judicial order, shall be guilty of a Class A
misdemeanor.
|
|
|
|
HB4585 |
- 39 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (b) Nothing contained in this Act shall prevent the | 2 |
| Director of Aging from publishing
or making available | 3 |
| reasonable statistics concerning the operation of the
grant | 4 |
| programs contained in this Act wherein the contents
of claims | 5 |
| are grouped into aggregates in such a way that information | 6 |
| contained
in any individual claim shall not be disclosed.
| 7 |
| (c) The Department on Aging shall furnish to the Secretary | 8 |
| of State such
information as is reasonably necessary for the | 9 |
| administration of (i) subsection (d) of Section 11-1301.2 of | 10 |
| the Illinois Vehicle Code (relating to fees for replacement | 11 |
| parking decals for persons with disabilities) and (ii) reduced
| 12 |
| vehicle registration fees pursuant to Section 3-806.3 of "The | 13 |
| Illinois Vehicle
Code".
| 14 |
| (Source: P.A. 89-399, eff. 8-20-95.)
| 15 |
| (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| 16 |
| Sec. 9. Fraud; error. | 17 |
| (a) Any person who files a fraudulent claim
for a grant | 18 |
| under this Act, or who for compensation prepares a claim
for a | 19 |
| grant and
knowingly enters false information on an application | 20 |
| a claim form for any claimant under
this Act, or who | 21 |
| fraudulently files multiple applications claim forms , or who
| 22 |
| fraudulently states that a nondisabled person is disabled, or | 23 |
| who
fraudulently procures a pharmaceutical assistance benefits | 24 |
| identification card , or
who fraudulently uses such assistance | 25 |
| card to procure covered prescription drugs, or
who, on behalf |
|
|
|
HB4585 |
- 40 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| of an authorized pharmacy, files a fraudulent request claim for | 2 |
| payment, is
guilty of a Class 4 felony for the first offense | 3 |
| and is guilty of a Class 3
felony for each subsequent offense. | 4 |
| (b) The Department on Aging and the Department of | 5 |
| Healthcare and Family Services shall immediately
suspend the | 6 |
| use of the pharmaceutical assistance benefits identification | 7 |
| card of any
person suspected of fraudulent procurement or | 8 |
| fraudulent use of such assistance card ,
and shall revoke such | 9 |
| assistance card upon a conviction. A person convicted of such
| 10 |
| fraud under subsection (a) shall be permanently barred from all | 11 |
| of the programs the program of pharmaceutical
assistance | 12 |
| established under this Act. | 13 |
| (c) The Department on Aging may recover from a
claimant , | 14 |
| including an authorized pharmacy, any amount paid to that | 15 |
| claimant under this
Act on account of an erroneous or
| 16 |
| fraudulent claim, together with 6% interest per year. Amounts | 17 |
| recoverable from a claimant by the Department on Aging under | 18 |
| this Act may, but need not, be recovered by offsetting the | 19 |
| amount owed against any future grant payable to the person | 20 |
| under this Act. | 21 |
| The Department of Healthcare and Family Services may | 22 |
| recover from an authorized pharmacy any amount paid to that | 23 |
| pharmacy under the pharmaceutical assistance program on | 24 |
| account of an erroneous or fraudulent request for payment under | 25 |
| that program, together with 6% interest per year.
The | 26 |
| Department of Healthcare and Family Services may recover from a |
|
|
|
HB4585 |
- 41 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| person who erroneously or fraudulently obtains benefits under | 2 |
| the pharmaceutical assistance program the value of the benefits | 3 |
| so obtained, together with 6% interest per year. | 4 |
| (d) A prosecution for
a violation of this Section may be | 5 |
| commenced at any time within 3 years
of the commission of that | 6 |
| violation.
| 7 |
| (Source: P.A. 85-299.)
| 8 |
| (320 ILCS 25/10) (from Ch. 67 1/2, par. 410)
| 9 |
| Sec. 10. Arrangements and captions Captions . No inference, | 10 |
| implication, or presumption of legislative construction
shall | 11 |
| be drawn or made by reason of the location or grouping of any
| 12 |
| particular section or provision of this Act, nor shall any | 13 |
| caption be given
any legal effect.
| 14 |
| (Source: P.A. 77-2059.)
| 15 |
| (320 ILCS 25/11) (from Ch. 67 1/2, par. 411)
| 16 |
| Sec. 11. Severability. If any clause, sentence, section, | 17 |
| provision or part of this Act or the
application thereof to any | 18 |
| person or circumstance is shall be adjudged to be
| 19 |
| unconstitutional, the remainder of this Act or its application | 20 |
| to persons
or circumstances other than those to which it is | 21 |
| held invalid, shall not be
affected thereby.
| 22 |
| (Source: P.A. 77-2059.)
| 23 |
| (320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
|
|
|
|
HB4585 |
- 42 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Sec. 12. Regulations Department on Aging ; outreach | 2 |
| responsibilities .
| 3 |
| (a) Regulations. The Director shall promulgate such | 4 |
| regulations as are
necessary or desirable to effectuate the | 5 |
| purposes of this Act, including but
not limited to the method | 6 |
| of computing "gross rent" in the case of a claimant
living in a | 7 |
| nursing or sheltered care home.
| 8 |
| (b) The Department on Aging shall, to the extent of | 9 |
| appropriations made
for that purpose:
| 10 |
| (1) attempt to secure the cooperation of appropriate | 11 |
| federal, State and
local agencies in securing the names and | 12 |
| addresses of persons to whom this
Act pertains;
| 13 |
| (2) prepare a mailing list of persons eligible for | 14 |
| grants under this Act;
| 15 |
| (3) secure the cooperation of the Department of | 16 |
| Revenue , the Department of Healthcare and Family Services, | 17 |
| and other State agencies and of local
business | 18 |
| establishments to facilitate distribution of applications | 19 |
| application forms
under this Act to those eligible to file | 20 |
| claims; and
| 21 |
| (4) through use of direct mail, newspaper | 22 |
| advertisements and radio and
television advertisements, | 23 |
| and all other appropriate means of
communication, conduct | 24 |
| an on-going public relations program to increase
awareness | 25 |
| of eligible citizens of the benefits grants under this Act | 26 |
| and the
procedures for applying for them.
|
|
|
|
HB4585 |
- 43 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| (Source: P.A. 78-1249.)
| 2 |
| (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
| 3 |
| Sec. 13. List. The Department on Aging of Revenue shall | 4 |
| maintain a list of all
persons who have qualified under this | 5 |
| Act and shall make the list
available to municipalities upon | 6 |
| request.
| 7 |
| All information received by a municipality under this | 8 |
| Section
shall be confidential, except for official purposes, | 9 |
| and any
person who divulges or uses that information in any | 10 |
| manner,
except in accordance with a proper judicial order, | 11 |
| shall be
guilty of a Class B misdemeanor.
| 12 |
| (Source: P.A. 87-247.)
| 13 |
| (320 ILCS 25/3.02 rep.)
| 14 |
| (320 ILCS 25/3.03 rep.)
| 15 |
| (320 ILCS 25/3.15 rep.)
| 16 |
| (320 ILCS 25/3.16 rep.)
| 17 |
| (320 ILCS 25/4 rep.)
| 18 |
| (320 ILCS 25/4.1 rep.)
| 19 |
| (320 ILCS 25/5 rep.)
| 20 |
| (320 ILCS 25/5.1 rep.)
| 21 |
| (320 ILCS 25/6 rep.)
| 22 |
| Section 16. The Senior Citizens and Disabled Persons | 23 |
| Property Tax Relief and
Pharmaceutical Assistance Act is | 24 |
| amended by repealing Sections 3.02, 3.03, 3.15, 3.16, 4, 4.1, |
|
|
|
HB4585 |
- 44 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| 5, 5.1, and 6. | 2 |
| Section 20. The Illinois Vehicle Code is amended by | 3 |
| changing Sections 3-806.3 and 11-1301.2 as follows:
| 4 |
| (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| 5 |
| Sec. 3-806.3. Senior Citizens.
Commencing with the 2006 | 6 |
| registration year and through the 2008 registration year, the | 7 |
| registration fee paid by
any vehicle owner who has been | 8 |
| approved for benefits under the Senior
Citizens and Disabled | 9 |
| Persons Property Tax Relief and Pharmaceutical Assistance
Act | 10 |
| or who is the spouse of such a person shall be $24 instead of | 11 |
| the fee
otherwise provided in this Code for passenger cars | 12 |
| displaying standard
multi-year registration plates issued | 13 |
| under Section 3-414.1, motor vehicles
displaying special | 14 |
| registration plates issued under Section 3-607, 3-616, 3-621,
| 15 |
| 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | 16 |
| 3-647, 3-650, or
3-651, or 3-664, motor vehicles registered at | 17 |
| 8,000 pounds or less under Section
3-815(a), and recreational | 18 |
| vehicles registered at 8,000 pounds or less under
Section | 19 |
| 3-815(b). Widows and widowers of claimants shall also be | 20 |
| entitled to
this reduced registration fee for the registration | 21 |
| year in which the claimant
was eligible.
| 22 |
| Commencing with the 2006 registration year and through the | 23 |
| 2008 registration year, the registration fee paid by
any | 24 |
| vehicle owner who has claimed and received a grant under the |
|
|
|
HB4585 |
- 45 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| Senior
Citizens and Disabled Persons Property Tax Relief and | 2 |
| Pharmaceutical Assistance
Act or who is the spouse of such a | 3 |
| person shall be $24 instead of the fee
otherwise provided in | 4 |
| this Code for passenger cars displaying standard
multi-year | 5 |
| registration plates issued under Section 3-414.1, motor | 6 |
| vehicles
displaying special registration plates issued under | 7 |
| Section 3-607, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, | 8 |
| 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, or
3-806.4, | 9 |
| motor vehicles registered at 8,000 pounds or less under Section
| 10 |
| 3-815(a), and recreational vehicles registered at 8,000 pounds | 11 |
| or less under
Section 3-815(b). Widows and widowers of | 12 |
| claimants shall also be entitled to
this reduced registration | 13 |
| fee for the registration year in which the claimant
was | 14 |
| eligible.
| 15 |
| Commencing with the 2009 registration year, the | 16 |
| registration fee paid by
any vehicle owner who has been | 17 |
| approved for benefits under the Senior
Citizens and Disabled | 18 |
| Persons Property Tax Relief and Pharmaceutical Assistance
Act | 19 |
| or who is the spouse of such a person shall be $24 instead of | 20 |
| the fee
otherwise provided in this Code for passenger cars | 21 |
| displaying standard
multi-year registration plates issued | 22 |
| under Section 3-414.1, motor vehicles
displaying special | 23 |
| registration plates issued under Section 3-609, 3-616, 3-621,
| 24 |
| 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | 25 |
| 3-647, 3-650, or
3-651, motor vehicles registered at 8,000 | 26 |
| pounds or less under Section
3-815(a), and recreational |
|
|
|
HB4585 |
- 46 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| vehicles registered at 8,000 pounds or less under
Section | 2 |
| 3-815(b). Widows and widowers of claimants shall also be | 3 |
| entitled to
this reduced registration fee for the registration | 4 |
| year in which the claimant
was eligible.
| 5 |
| Commencing with the 2009 registration year, the | 6 |
| registration fee paid by
any vehicle owner who has claimed and | 7 |
| received a grant under the Senior
Citizens and Disabled Persons | 8 |
| Property Tax Relief and Pharmaceutical Assistance
Act or who is | 9 |
| the spouse of such a person shall be $24 instead of the fee
| 10 |
| otherwise provided in this Code for passenger cars displaying | 11 |
| standard
multi-year registration plates issued under Section | 12 |
| 3-414.1, motor vehicles
displaying special registration plates | 13 |
| issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, | 14 |
| 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | 15 |
| or 3-651, or
3-806.4, motor vehicles registered at 8,000 pounds | 16 |
| or less under Section
3-815(a), and recreational vehicles | 17 |
| registered at 8,000 pounds or less under
Section 3-815(b). | 18 |
| Widows and widowers of claimants shall also be entitled to
this | 19 |
| reduced registration fee for the registration year in which the | 20 |
| claimant
was eligible.
| 21 |
| No more than one reduced registration fee under this | 22 |
| Section shall be
allowed during any 12 month period based on | 23 |
| the primary eligibility of any
individual, whether such reduced | 24 |
| registration fee is allowed to the
individual or to the spouse, | 25 |
| widow or widower of such individual. This
Section does not | 26 |
| apply to the fee paid in addition to the registration fee
for |
|
|
|
HB4585 |
- 47 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| motor vehicles displaying vanity or special license
plates.
| 2 |
| (Source: P.A. 95-157, eff. 1-1-08; 95-331, eff. 8-21-07; | 3 |
| revised 12-10-07.)
| 4 |
| (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| 5 |
| Sec. 11-1301.2. Special decals for a person with | 6 |
| disabilities parking.
| 7 |
| (a) The Secretary of State shall provide for, by | 8 |
| administrative rules, the
design, size, color, and placement of | 9 |
| a person with disabilities motorist decal
or device
and shall | 10 |
| provide for, by administrative
rules, the content and form of | 11 |
| an application for a person with disabilities
motorist decal or | 12 |
| device,
which shall be used by local authorities in the | 13 |
| issuance thereof to a
person with temporary disabilities, | 14 |
| provided that the decal or device is
valid for no more than 90 | 15 |
| days, subject to renewal for like periods based upon
continued | 16 |
| disability, and further provided that the decal or device | 17 |
| clearly
sets forth the date that the decal or device expires.
| 18 |
| The application shall
include the requirement of an Illinois | 19 |
| Identification Card number or a State
of Illinois driver's | 20 |
| license number.
This decal or device shall be the property of | 21 |
| such
person with disabilities and may be used by that person to | 22 |
| designate and identify a vehicle not owned or displaying a
| 23 |
| registration plate as provided in Sections 3-609, 3-609.01, and | 24 |
| 3-616 of this Act to
designate when the vehicle is being used | 25 |
| to transport said person or persons
with disabilities, and thus |
|
|
|
HB4585 |
- 48 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| is entitled to enjoy all the privileges that would
be afforded | 2 |
| a person with disabilities licensed vehicle.
Person with | 3 |
| disabilities decals or devices issued and displayed pursuant to
| 4 |
| this Section shall be recognized and honored by all local | 5 |
| authorities
regardless of which local authority issued such | 6 |
| decal or device.
| 7 |
| The decal or device shall be issued only upon a showing by | 8 |
| adequate
documentation that the person for whose benefit the | 9 |
| decal or device is to be
used has a temporary disability as | 10 |
| defined in Section 1-159.1 of this
Code.
| 11 |
| (b) The local governing authorities shall be responsible | 12 |
| for the provision
of such decal or device, its issuance and | 13 |
| designated placement within the
vehicle. The cost of such decal | 14 |
| or device shall be at the discretion of
such local governing | 15 |
| authority.
| 16 |
| (c) The Secretary of State may, pursuant to Section | 17 |
| 3-616(c), issue
a person with disabilities parking decal or | 18 |
| device to a person with
disabilities as defined by Section | 19 |
| 1-159.1. Any person with disabilities
parking decal or device | 20 |
| issued by the Secretary of State shall be registered to
that | 21 |
| person with disabilities in the form to be prescribed by the | 22 |
| Secretary of
State. The person with disabilities parking decal | 23 |
| or device shall not display
that person's address. One | 24 |
| additional decal or device may be issued to an
applicant upon | 25 |
| his or her written request and with the approval of the
| 26 |
| Secretary of
State.
The written request must include a |
|
|
|
HB4585 |
- 49 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| justification of the need for the
additional decal or device.
| 2 |
| (d) Replacement decals or devices may be issued for lost, | 3 |
| stolen, or
destroyed decals upon application and payment of a | 4 |
| $10 fee. The replacement
fee may be waived for individuals that | 5 |
| have been approved for benefits claimed and received a grant | 6 |
| under
the Senior Citizens and Disabled Persons Property Tax | 7 |
| Relief and Pharmaceutical
Assistance Act.
| 8 |
| (Source: P.A. 95-167, eff. 1-1-08.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|
|
|
HB4585 |
- 50 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 35 ILCS 515/7 |
from Ch. 120, par. 1207 |
| 4 |
| 220 ILCS 10/9 |
from Ch. 111 2/3, par. 909 |
| 5 |
| 320 ILCS 25/1 |
from Ch. 67 1/2, par. 401 |
| 6 |
| 320 ILCS 25/1.5 new |
|
| 7 |
| 320 ILCS 25/2 |
from Ch. 67 1/2, par. 402 |
| 8 |
| 320 ILCS 25/3.01 |
from Ch. 67 1/2, par. 403.01 |
| 9 |
| 320 ILCS 25/3.04 |
from Ch. 67 1/2, par. 403.04 |
| 10 |
| 320 ILCS 25/3.05 |
from Ch. 67 1/2, par. 403.05 |
| 11 |
| 320 ILCS 25/3.05a new |
|
| 12 |
| 320 ILCS 25/3.06 |
from Ch. 67 1/2, par. 403.06 |
| 13 |
| 320 ILCS 25/3.07 |
from Ch. 67 1/2, par. 403.07 |
| 14 |
| 320 ILCS 25/3.08 |
from Ch. 67 1/2, par. 403.08 |
| 15 |
| 320 ILCS 25/3.09 |
from Ch. 67 1/2, par. 403.09 |
| 16 |
| 320 ILCS 25/3.10 |
from Ch. 67 1/2, par. 403.10 |
| 17 |
| 320 ILCS 25/3.11 |
from Ch. 67 1/2, par. 403.11 |
| 18 |
| 320 ILCS 25/3.12 |
from Ch. 67 1/2, par. 403.12 |
| 19 |
| 320 ILCS 25/3.13 |
from Ch. 67 1/2, par. 403.13 |
| 20 |
| 320 ILCS 25/3.14 |
from Ch. 67 1/2, par. 403.14 |
| 21 |
| 320 ILCS 25/3.17 |
from Ch. 67 1/2, par. 403.17 |
| 22 |
| 320 ILCS 25/4A new |
|
| 23 |
| 320 ILCS 25/5A new |
|
| 24 |
| 320 ILCS 25/5A.5 new |
|
| 25 |
| 320 ILCS 25/5A.10 new |
|
|
|
|
|
HB4585 |
- 51 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| 320 ILCS 25/5A.15 new |
|
| 2 |
| 320 ILCS 25/5A.20 new |
|
| 3 |
| 320 ILCS 25/6A new |
|
| 4 |
| 320 ILCS 25/6A.5 new |
|
| 5 |
| 320 ILCS 25/6A.10 new |
|
| 6 |
| 320 ILCS 25/6A.15 new |
|
| 7 |
| 320 ILCS 25/6A.20 new |
|
| 8 |
| 320 ILCS 25/6A.25 new |
|
| 9 |
| 320 ILCS 25/6A.30 new |
|
| 10 |
| 320 ILCS 25/6A.35 new |
|
| 11 |
| 320 ILCS 25/7 |
from Ch. 67 1/2, par. 407 |
| 12 |
| 320 ILCS 25/7.5 new |
|
| 13 |
| 320 ILCS 25/8 |
from Ch. 67 1/2, par. 408 |
| 14 |
| 320 ILCS 25/8a |
from Ch. 67 1/2, par. 408.1 |
| 15 |
| 320 ILCS 25/9 |
from Ch. 67 1/2, par. 409 |
| 16 |
| 320 ILCS 25/10 |
from Ch. 67 1/2, par. 410 |
| 17 |
| 320 ILCS 25/11 |
from Ch. 67 1/2, par. 411 |
| 18 |
| 320 ILCS 25/12 |
from Ch. 67 1/2, par. 412 |
| 19 |
| 320 ILCS 25/13 |
from Ch. 67 1/2, par. 413 |
| 20 |
| 320 ILCS 25/3.02 rep. |
|
| 21 |
| 320 ILCS 25/3.03 rep. |
|
| 22 |
| 320 ILCS 25/3.15 rep. |
|
| 23 |
| 320 ILCS 25/3.16 rep. |
|
| 24 |
| 320 ILCS 25/4 rep. |
|
| 25 |
| 320 ILCS 25/4.1 rep. |
|
| 26 |
| 320 ILCS 25/5 rep. |
|
|
|
|
|
HB4585 |
- 52 - |
LRB095 15275 DRJ 41261 b |
|
| 1 |
| 320 ILCS 25/5.1 rep. |
|
| 2 |
| 320 ILCS 25/6 rep. |
|
| 3 |
| 625 ILCS 5/3-806.3 |
from Ch. 95 1/2, par. 3-806.3 |
| 4 |
| 625 ILCS 5/11-1301.2 |
from Ch. 95 1/2, par. 11-1301.2 |
| |
|