State of Illinois
90th General Assembly
Legislation

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90_SB1267enr

      35 ILCS 200/15-175
          Amends  the  Property  Tax  Code.   Makes   a   technical
      correction  in  the  Section concerning the General Homestead
      Exemption.
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 1        AN ACT to amend the Senior Citizen and  Disabled  Persons
 2    Property  Tax  Relief  and  Pharmaceutical  Assistance Act by
 3    changing Section 4.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section  5.   The  Senior  Citizens  and Disabled Persons
 7    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
 8    amended by changing Section 4 as follows:
 9        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
10        Sec. 4.  Amount of Grant.
11        (a)  In  general. Any individual 65 years or older or any
12    individual who will become 65 years old during  the  calendar
13    year  in  which a claim is filed, and any surviving spouse of
14    such a claimant, who at the time of  death  received  or  was
15    entitled  to  receive a grant pursuant to this Section, which
16    surviving spouse will become 65 years of age  within  the  24
17    months  immediately  following the death of such claimant and
18    which surviving spouse but for his or her  age  is  otherwise
19    qualified  to  receive  a grant pursuant to this Section, and
20    any disabled person whose annual  household  income  is  less
21    than  $14,000  for grant years before the 1998 grant year and
22    less than $16,000 for the 1998 grant year and thereafter  and
23    whose  household  is  liable  for  payment  of property taxes
24    accrued or has paid rent constituting property taxes  accrued
25    and is domiciled in this State at the time he files his claim
26    is  entitled to claim a grant under this Act. With respect to
27    claims filed by individuals who  will  become  65  years  old
28    during  the  calendar  year  in  which  a claim is filed, the
29    amount of any grant to which that household is entitled shall
30    be an amount equal  to  1/12  of  the  amount  to  which  the
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 1    claimant  would  otherwise  be  entitled  as provided in this
 2    Section, multiplied by the number  of  months  in  which  the
 3    claimant  was  65  in the calendar year in which the claim is
 4    filed.
 5        (b)  Limitation.   Except  as   otherwise   provided   in
 6    subsections  (a)  and (f) of this Section, the maximum amount
 7    of grant which a claimant is entitled to claim is the  amount
 8    by  which  the  property  taxes  accrued  which  were paid or
 9    payable  during  the  last  preceding  tax   year   or   rent
10    constituting  property  taxes  accrued  upon  the  claimant's
11    residence  for the last preceding taxable year exceeds 3 1/2%
12    of the claimant's household income for that year  but  in  no
13    event  is the grant to exceed (i) $700 less 4.5% of household
14    income for that year for those with  a  household  income  of
15    $14,000 or less or (ii) $70 if household income for that year
16    is more than $14,000 but less than $16,000.
17        (c)  Public  aid  recipients.  If household income in one
18    or more months during a  year  includes  cash  assistance  in
19    excess  of $55 per month from the Department of Public Aid or
20    the Department of Human Services (acting as successor to  the
21    Department  of  Public  Aid  under  the  Department  of Human
22    Services Act)  which was determined under regulations of that
23    Department on a measure of need that  included  an  allowance
24    for  actual  rent  or property taxes paid by the recipient of
25    that assistance, the amount of grant to which that  household
26    is  entitled, except as otherwise provided in subsection (a),
27    shall be the product of (1) the maximum  amount  computed  as
28    specified in subsection (b) of this Section and (2) the ratio
29    of  the  number  of  months in which household income did not
30    include such cash assistance over $55 to the  number  twelve.
31    If household income did not include such cash assistance over
32    $55  for  any months during the year, the amount of the grant
33    to which the household  is  entitled  shall  be  the  maximum
34    amount  computed  as  specified  in  subsection  (b)  of this
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 1    Section.   For  purposes  of  this   paragraph   (c),   "cash
 2    assistance"  does  not  include any amount received under the
 3    federal Supplemental Security Income (SSI) program.
 4        (d)  Joint ownership.  If title to the residence is  held
 5    jointly  by the claimant with a person who is not a member of
 6    his household, the amount of property taxes accrued  used  in
 7    computing  the  amount of grant to which he is entitled shall
 8    be the same percentage of property taxes accrued  as  is  the
 9    percentage   of   ownership  held  by  the  claimant  in  the
10    residence.
11        (e)  More than one residence.  If a claimant has occupied
12    more than one residence in the taxable  year,  he  may  claim
13    only  one  residence for any part of a month.  In the case of
14    property taxes accrued, he shall pro rate 1/12 of  the  total
15    property taxes accrued on his residence to each month that he
16    owned  and  occupied that residence; and, in the case of rent
17    constituting property taxes  accrued,  shall  pro  rate  each
18    month's  rent  payments  to  the  residence actually occupied
19    during that month.
20        (f)  There   is   hereby   established   a   program   of
21    pharmaceutical assistance to  the  aged  and  disabled  which
22    shall  be  administered  by the Department in accordance with
23    this Act, to consist of payments to authorized pharmacies, on
24    behalf of beneficiaries of the program,  for  the  reasonable
25    costs  of  covered  prescription drugs.  Each beneficiary who
26    pays $40 for an identification card shall pay the  first  $15
27    of  prescription costs each month.  Each beneficiary who pays
28    $80 for an identification card shall pay  the  first  $25  of
29    prescription   costs   each  month.   In  addition,  after  a
30    beneficiary receives $800 in benefits during a  State  fiscal
31    year,  that beneficiary shall also be charged 20% of the cost
32    of each prescription for  which  payments  are  made  by  the
33    program during the remainder of the fiscal year.  To become a
34    beneficiary  under  this program a person must be: (1) (i) 65
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 1    years or older, or  (ii)  the  surviving  spouse  of  such  a
 2    claimant,  who  at the time of death received or was entitled
 3    to  receive  benefits  pursuant  to  this  subsection,  which
 4    surviving spouse will become 65 years of age  within  the  24
 5    months  immediately  following the death of such claimant and
 6    which surviving spouse but for his or her  age  is  otherwise
 7    qualified to receive benefits pursuant to this subsection, or
 8    (iii)  disabled,  and  (2)  is domiciled in this State at the
 9    time he files his  or  her  claim,  and  (3)  has  a  maximum
10    household  income of less than $14,000 for grant years before
11    the 1998 grant year and less than $16,000 for the 1998  grant
12    year  and  thereafter. In addition, each eligible person must
13    (1) obtain an identification card from the Department, (2) at
14    the time the card is obtained, sign a statement assigning  to
15    the State of Illinois benefits which may be otherwise claimed
16    under   any   private   insurance   plans,  (3)  present  the
17    identification card to the dispensing pharmacist.
18        Any  person   otherwise   eligible   for   pharmaceutical
19    assistance  under this Act whose covered drugs are covered by
20    any public program for assistance in purchasing  any  covered
21    prescription  drugs  shall be ineligible for assistance under
22    this Act to the extent such costs are covered by  such  other
23    plan.
24        The   fee  to  be  charged  by  the  Department  for  the
25    identification card shall be equal to $40 for  persons  below
26    the  official  poverty  line  as defined by the United States
27    Department of Health and Human Services and $80 for all other
28    persons.
29        In the event that 2 or more persons are eligible for  any
30    benefit   under  this  Act,  and  are  members  of  the  same
31    household,  (1)  each  such  person  shall  be  entitled   to
32    participate   in   the   pharmaceutical  assistance  program,
33    provided that he or she meets all other requirements  imposed
34    by  this  subsection  and  (2)  each  participating household
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 1    member contributes the fee required for that  person  by  the
 2    preceding   paragraph   for   the  purpose  of  obtaining  an
 3    identification card. Persons eligible for any  benefit  under
 4    this  Act  due  to  become  65  in  calendar year 1984 or any
 5    subsequent calendar year  in  which  a  claim  is  filed  are
 6    excluded  from  the benefit prescribed in this subsection (g)
 7    for the calendar year in which they become 65.
 8    (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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