Bill Text: IL HB0204 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act by reinstituting the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title to the Senior Citizens and Persons with Disabilities Property Tax Relief and Pharmaceutical Assistance Act. Makes conforming changes in various Acts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB0204 Detail]
Download: Illinois-2019-HB0204-Introduced.html
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1 | AN ACT concerning aging.
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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:
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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
| ||||||
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 Public Act 91-24
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25 | or any other budget initiative for fiscal year 2000 may be | ||||||
26 | adopted in
accordance with this Section by the agency charged |
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1 | with administering that
provision or initiative, except that | ||||||
2 | the 24-month limitation on the adoption
of emergency rules and | ||||||
3 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
4 | rules adopted under this subsection (e). The adoption of | ||||||
5 | emergency rules
authorized by this subsection (e) shall be | ||||||
6 | deemed to be necessary for the
public interest, safety, and | ||||||
7 | 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 Public Act 91-712
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11 | or any other budget initiative for fiscal year 2001 may be | ||||||
12 | adopted in
accordance with this Section by the agency charged | ||||||
13 | with administering that
provision or initiative, except that | ||||||
14 | the 24-month limitation on the adoption
of emergency rules and | ||||||
15 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
16 | rules adopted under this subsection (f). The adoption of | ||||||
17 | emergency rules
authorized by this subsection (f) shall be | ||||||
18 | deemed to be necessary for the
public interest, safety, and | ||||||
19 | 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 Public Act 92-10
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23 | or any other budget initiative for fiscal year 2002 may be | ||||||
24 | adopted in
accordance with this Section by the agency charged | ||||||
25 | with administering that
provision or initiative, except that | ||||||
26 | the 24-month limitation on the adoption
of emergency rules and |
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1 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
2 | rules adopted under this subsection (g). The adoption of | ||||||
3 | emergency rules
authorized by this subsection (g) shall be | ||||||
4 | deemed to be necessary for the
public interest, safety, and | ||||||
5 | 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 Public Act 92-597
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9 | or any other budget initiative for fiscal year 2003 may be | ||||||
10 | adopted in
accordance with this Section by the agency charged | ||||||
11 | with administering that
provision or initiative, except that | ||||||
12 | the 24-month limitation on the adoption
of emergency rules and | ||||||
13 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
14 | rules adopted under this subsection (h). The adoption of | ||||||
15 | emergency rules
authorized by this subsection (h) shall be | ||||||
16 | deemed to be necessary for the
public interest, safety, and | ||||||
17 | 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 Public Act 93-20
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21 | or any other budget initiative for fiscal year 2004 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (i). The adoption of |
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1 | emergency rules
authorized by this subsection (i) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | 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 | ||||||
23 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
24 | 2006 may be adopted in accordance with this Section by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative, except that the 24-month limitation on the adoption |
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1 | of emergency rules and the provisions of Sections 5-115 and | ||||||
2 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
3 | The Department of Healthcare and Family Services may also adopt | ||||||
4 | rules under this subsection (k) necessary to administer the | ||||||
5 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
6 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
7 | Act, the Senior Citizens and Disabled Persons Prescription Drug | ||||||
8 | Discount Program Act (now the Illinois Prescription Drug | ||||||
9 | Discount Program Act), and the Children's Health Insurance | ||||||
10 | Program Act. The adoption of emergency rules authorized by this | ||||||
11 | subsection (k) shall be deemed to be necessary for the public | ||||||
12 | interest, safety, and welfare.
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13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
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26 | (m) 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 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
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13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of | ||||||
16 | Public Act 96-45 or any other budget initiative authorized by | ||||||
17 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
18 | in accordance with this Section by the agency charged with | ||||||
19 | administering that provision or initiative. The adoption of | ||||||
20 | emergency rules authorized by this subsection (n) shall be | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. The rulemaking authority granted in this subsection | ||||||
23 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
24 | 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
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1 | 2011 budget, emergency rules to implement any provision of | ||||||
2 | Public Act 96-958 or any other budget initiative authorized by | ||||||
3 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
4 | in accordance with this Section by the agency charged with | ||||||
5 | administering that provision or initiative. The adoption of | ||||||
6 | emergency rules authorized by this subsection (o) is deemed to | ||||||
7 | be necessary for the public interest, safety, and welfare. The | ||||||
8 | rulemaking authority granted in this subsection (o) applies | ||||||
9 | only to rules promulgated on or after July 1, 2010 (the | ||||||
10 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
11 | (p) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 97-689, | ||||||
13 | emergency rules to implement any provision of Public Act 97-689 | ||||||
14 | may be adopted in accordance with this subsection (p) by the | ||||||
15 | agency charged with administering that provision or | ||||||
16 | initiative. The 150-day limitation of the effective period of | ||||||
17 | emergency rules does not apply to rules adopted under this | ||||||
18 | subsection (p), and the effective period may continue through | ||||||
19 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (p). The adoption of emergency rules authorized by | ||||||
22 | this subsection (p) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (q) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
26 | 12 of Public Act 98-104, emergency rules to implement any |
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1 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
2 | may be adopted in accordance with this subsection (q) by the | ||||||
3 | agency charged with administering that provision or | ||||||
4 | initiative. The 24-month limitation on the adoption of | ||||||
5 | emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (q). The adoption of emergency rules authorized by | ||||||
7 | this subsection (q) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (r) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 98-651, | ||||||
11 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
12 | in accordance with this subsection (r) by the Department of | ||||||
13 | Healthcare and Family Services. The 24-month limitation on the | ||||||
14 | adoption of emergency rules does not apply to rules adopted | ||||||
15 | under this subsection (r). The adoption of emergency rules | ||||||
16 | authorized by this subsection (r) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (s) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
20 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
21 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
22 | Public Aid Code may be adopted in accordance with this | ||||||
23 | subsection (s) by the Department of Healthcare and Family | ||||||
24 | Services. The rulemaking authority granted in this subsection | ||||||
25 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
26 | 2015. Notwithstanding any other provision of this Section, any |
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1 | emergency rule adopted under this subsection (s) shall only | ||||||
2 | apply to payments made for State fiscal year 2015. The adoption | ||||||
3 | of emergency rules authorized by this subsection (s) is deemed | ||||||
4 | to be necessary for the public interest, safety, and welfare. | ||||||
5 | (t) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Article II of Public Act | ||||||
7 | 99-6, emergency rules to implement the changes made by Article | ||||||
8 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
9 | be adopted in accordance with this subsection (t) by the | ||||||
10 | Department of State Police. The rulemaking authority granted in | ||||||
11 | this subsection (t) shall apply only to those rules adopted | ||||||
12 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
13 | of emergency rules does not apply to rules adopted under this | ||||||
14 | subsection (t). The adoption of emergency rules authorized by | ||||||
15 | this subsection (t) is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | (u) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the Burn Victims Relief | ||||||
19 | Act, emergency rules to implement any provision of the Act may | ||||||
20 | be adopted in accordance with this subsection (u) by the | ||||||
21 | Department of Insurance. The rulemaking authority granted in | ||||||
22 | this subsection (u) shall apply only to those rules adopted | ||||||
23 | prior to December 31, 2015. The adoption of emergency rules | ||||||
24 | authorized by this subsection (u) is deemed to be necessary for | ||||||
25 | the public interest, safety, and welfare. | ||||||
26 | (v) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of Public Act 99-516, | ||||||
2 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
3 | in accordance with this subsection (v) by the Department of | ||||||
4 | Healthcare and Family Services. The 24-month limitation on the | ||||||
5 | adoption of emergency rules does not apply to rules adopted | ||||||
6 | under this subsection (v). The adoption of emergency rules | ||||||
7 | authorized by this subsection (v) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (w) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 99-796, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
13 | the Adjutant General. The adoption of emergency rules | ||||||
14 | authorized by this subsection (w) is deemed to be necessary for | ||||||
15 | the public interest, safety, and welfare. | ||||||
16 | (x) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 99-906, | ||||||
18 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
19 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
20 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
21 | accordance with this subsection (x) by the Illinois Commerce | ||||||
22 | Commission. The rulemaking authority granted in this | ||||||
23 | subsection (x) shall apply only to those rules adopted within | ||||||
24 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
25 | 99-906). The adoption of emergency rules authorized by this | ||||||
26 | subsection (x) is deemed to be necessary for the public |
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1 | interest, safety, and welfare. | ||||||
2 | (y) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 100-23 this | ||||||
4 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
5 | to implement the changes made by Public Act 100-23 this | ||||||
6 | amendatory Act of the 100th General Assembly to Section 4.02 of | ||||||
7 | the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||||||
8 | Illinois Public Aid Code, Section 55-30 of the Alcoholism and | ||||||
9 | Other Drug Abuse and Dependency Act, and Sections 74 and 75 of | ||||||
10 | the Mental Health and Developmental Disabilities | ||||||
11 | Administrative Act may be adopted in accordance with this | ||||||
12 | subsection (y) by the respective Department. The adoption of | ||||||
13 | emergency rules authorized by this subsection (y) is deemed to | ||||||
14 | be necessary for the public interest, safety, and welfare. | ||||||
15 | (z) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 100-554 this | ||||||
17 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
18 | to implement the changes made by Public Act 100-554 this | ||||||
19 | amendatory Act of the 100th General Assembly to Section 4.7 of | ||||||
20 | the Lobbyist Registration Act may be adopted in accordance with | ||||||
21 | this subsection (z) by the Secretary of State. The adoption of | ||||||
22 | emergency rules authorized by this subsection (z) is deemed to | ||||||
23 | be necessary for the public interest, safety, and welfare. | ||||||
24 | (aa) In order to provide for the expeditious and timely | ||||||
25 | initial implementation of the changes made to Articles 5, 5A, | ||||||
26 | 12, and 14 of the Illinois Public Aid Code under the provisions |
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1 | of Public Act 100-581 this amendatory Act of the 100th General | ||||||
2 | Assembly , the Department of Healthcare and Family Services may | ||||||
3 | adopt emergency rules in accordance with this subsection (aa). | ||||||
4 | The 24-month limitation on the adoption of emergency rules does | ||||||
5 | not apply to rules to initially implement the changes made to | ||||||
6 | Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code | ||||||
7 | adopted under this subsection (aa). The adoption of emergency | ||||||
8 | rules authorized by this subsection (aa) is deemed to be | ||||||
9 | necessary for the public interest, safety, and welfare. | ||||||
10 | (bb) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 100-587 this | ||||||
12 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
13 | to implement the changes made by Public Act 100-587 this | ||||||
14 | amendatory Act of the 100th General Assembly to Section 4.02 of | ||||||
15 | the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||||||
16 | Illinois Public Aid Code, subsection (b) of Section 55-30 of | ||||||
17 | the Alcoholism and Other Drug Abuse and Dependency Act, Section | ||||||
18 | 5-104 of the Specialized Mental Health Rehabilitation Act of | ||||||
19 | 2013, and Section 75 and subsection (b) of Section 74 of the | ||||||
20 | Mental Health and Developmental Disabilities Administrative | ||||||
21 | Act may be adopted in accordance with this subsection (bb) by | ||||||
22 | the respective Department. The adoption of emergency rules | ||||||
23 | authorized by this subsection (bb) is deemed to be necessary | ||||||
24 | for the public interest, safety, and welfare. | ||||||
25 | (cc) (bb) In order to provide for the expeditious and | ||||||
26 | timely implementation of the provisions of Public Act 100-587 |
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1 | this amendatory Act of the 100th General Assembly , emergency | ||||||
2 | rules may be adopted in accordance with this subsection (cc) | ||||||
3 | (bb) to implement the changes made by Public Act 100-587 this | ||||||
4 | amendatory Act of the 100th General Assembly to: Sections | ||||||
5 | 14-147.5 and 14-147.6 of the Illinois Pension Code by the Board | ||||||
6 | created under Article 14 of the Code; Sections 15-185.5 and | ||||||
7 | 15-185.6 of the Illinois Pension Code by the Board created | ||||||
8 | under Article 15 of the Code; and Sections 16-190.5 and | ||||||
9 | 16-190.6 of the Illinois Pension Code by the Board created | ||||||
10 | under Article 16 of the Code. The adoption of emergency rules | ||||||
11 | authorized by this subsection (cc) (bb) is deemed to be | ||||||
12 | necessary for the public interest, safety, and welfare. | ||||||
13 | (dd) (aa) In order to provide for the expeditious and | ||||||
14 | timely implementation of the provisions of Public Act 100-864 | ||||||
15 | this amendatory Act of the 100th General Assembly , emergency | ||||||
16 | rules to implement the changes made by Public Act 100-864 this | ||||||
17 | amendatory Act of the 100th General Assembly to Section 3.35 of | ||||||
18 | the Newborn Metabolic Screening Act may be adopted in | ||||||
19 | accordance with this subsection (dd) (aa) by the Secretary of | ||||||
20 | State. The adoption of emergency rules authorized by this | ||||||
21 | subsection (dd) (aa) is deemed to be necessary for the public | ||||||
22 | interest, safety, and welfare. | ||||||
23 | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||||||
24 | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||||||
25 | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||||||
26 | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. |
| |||||||
| |||||||
1 | 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; | ||||||
2 | 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | ||||||
3 | 8-14-18; revised 10-18-18.)
| ||||||
4 | Section 5. The State Comptroller Act is amended by changing | ||||||
5 | Section 10.05 as follows:
| ||||||
6 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
| ||||||
7 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
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 |
| |||||||
| |||||||
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
| ||||||
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, from a
contractual payment to an individual for | ||||||
25 | personal services, or from pension annuity payments made under | ||||||
26 | the Illinois Pension Code shall exceed 25% of
the net amount of |
| |||||||
| |||||||
1 | such payment. "Net amount" means that part of the earnings
of | ||||||
2 | an individual remaining after deduction of any amounts required | ||||||
3 | by law to be
withheld. For purposes of this provision, wage, | ||||||
4 | salary or other payments for
personal services shall not | ||||||
5 | include final compensation payments for the value
of accrued | ||||||
6 | vacation, overtime or sick leave. Whenever the Comptroller | ||||||
7 | draws a
warrant or makes a payment involving a deduction | ||||||
8 | ordered under this Section,
the Comptroller shall notify the | ||||||
9 | payee and the State agency that submitted
the voucher of the | ||||||
10 | reason for the deduction and he or she shall retain a record of | ||||||
11 | such
statement in his or her
records. As used in this Section, | ||||||
12 | an "account or
claim in favor of the State" includes all | ||||||
13 | amounts owing to "State agencies"
as defined in Section 7 of | ||||||
14 | this Act. However, the Comptroller shall not be
required to | ||||||
15 | accept accounts or claims owing to funds not held by the State
| ||||||
16 | Treasurer, where such accounts or claims do not exceed $50, nor | ||||||
17 | shall the
Comptroller deduct from funds held by the State | ||||||
18 | Treasurer under the Senior
Citizens and Persons with | ||||||
19 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
20 | Act or for payments to institutions from the Illinois Prepaid | ||||||
21 | Tuition Trust
Fund
(unless the Trust Fund
moneys are used for | ||||||
22 | child support).
The Comptroller shall not deduct from payments | ||||||
23 | to be disbursed from the Child Support Enforcement Trust Fund | ||||||
24 | as provided for under Section 12-10.2 of the Illinois Public | ||||||
25 | Aid Code, except for payments representing interest on child | ||||||
26 | support obligations under Section 10-16.5 of that Code. The |
| |||||||
| |||||||
1 | Comptroller and the
Department of Revenue shall enter into an
| ||||||
2 | interagency agreement to establish responsibilities, duties, | ||||||
3 | and procedures
relating to deductions from lottery prizes | ||||||
4 | awarded under Section 20.1
of the Illinois Lottery Law. The | ||||||
5 | Comptroller may enter into an intergovernmental agreement with | ||||||
6 | the Department of Revenue and the Secretary of the Treasury of | ||||||
7 | the United States, or his or her delegate, to establish | ||||||
8 | responsibilities, duties, and procedures relating to | ||||||
9 | reciprocal offset of delinquent State and federal obligations | ||||||
10 | pursuant to subsection (i-1) of Section 10 of the Illinois | ||||||
11 | State Collection Act of 1986. The Comptroller may enter into | ||||||
12 | intergovernmental agreements with any unit of local | ||||||
13 | government, school district, public institution of higher | ||||||
14 | education, or clerk of a circuit court to establish | ||||||
15 | responsibilities, duties, and procedures to provide for the | ||||||
16 | offset, by the Comptroller, of obligations owed to those | ||||||
17 | entities.
| ||||||
18 | For the purposes of this Section, "clerk of a circuit | ||||||
19 | court" means the clerk of a circuit court in any county in the | ||||||
20 | State. | ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.)
| ||||||
22 | Section 10. The Illinois Act on the Aging is amended by | ||||||
23 | changing Section 4.15 as follows:
| ||||||
24 | (20 ILCS 105/4.15) |
| |||||||
| |||||||
1 | Sec. 4.15. Eligibility determinations. | ||||||
2 | (a) The Department is authorized to make eligibility | ||||||
3 | determinations for benefits administered by other governmental | ||||||
4 | bodies based on the Senior Citizens and Persons with | ||||||
5 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
6 | Act as follows: | ||||||
7 | (i) for the Secretary of State with respect to reduced | ||||||
8 | fees paid by qualified vehicle owners under the Illinois | ||||||
9 | Vehicle Code; | ||||||
10 | (ii) for special districts that offer free fixed route | ||||||
11 | public transportation services for qualified older adults | ||||||
12 | under the Local Mass Transit District Act, the Metropolitan | ||||||
13 | Transit Authority Act, and the Regional Transportation | ||||||
14 | Authority Act; and | ||||||
15 | (iii) for special districts that offer transit | ||||||
16 | services for qualified individuals with disabilities under | ||||||
17 | the Local Mass Transit District Act, the Metropolitan | ||||||
18 | Transit Authority Act, and the Regional Transportation | ||||||
19 | Authority Act. | ||||||
20 | (b) The Department shall establish the manner by which | ||||||
21 | claimants shall apply for these benefits. The Department is | ||||||
22 | authorized to promulgate rules regarding the following | ||||||
23 | matters: the application cycle; the application process; the | ||||||
24 | content for an electronic application; required personal | ||||||
25 | identification information; acceptable proof of eligibility as | ||||||
26 | to age, disability status, marital status, residency, and |
| |||||||
| |||||||
1 | household income limits; household composition; calculating | ||||||
2 | income; use of social security numbers; duration of eligibility | ||||||
3 | determinations; and any other matters necessary for such | ||||||
4 | administrative operations. | ||||||
5 | (c) All information received by the Department from an | ||||||
6 | application or from any investigation to determine eligibility | ||||||
7 | for benefits shall be confidential, except for official | ||||||
8 | purposes. | ||||||
9 | (d) A person may not under any circumstances charge a fee | ||||||
10 | to a claimant for assistance in completing an application form | ||||||
11 | for these benefits.
| ||||||
12 | (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
| ||||||
13 | Section 15. The State Finance Act is amended by changing | ||||||
14 | Sections 6z-52 and 6z-81 as follows:
| ||||||
15 | (30 ILCS 105/6z-52)
| ||||||
16 | Sec. 6z-52. Drug Rebate Fund.
| ||||||
17 | (a) There is created in the State Treasury a special fund | ||||||
18 | to be known as
the Drug Rebate Fund.
| ||||||
19 | (b) The Fund is created for the purpose of receiving and | ||||||
20 | disbursing moneys
in accordance with this Section. | ||||||
21 | Disbursements from the Fund shall be made,
subject to | ||||||
22 | appropriation, only as follows:
| ||||||
23 | (1) For payments for reimbursement or coverage for | ||||||
24 | prescription drugs and other pharmacy products
provided to |
| |||||||
| |||||||
1 | a recipient of medical assistance under the Illinois Public | ||||||
2 | Aid Code, the Children's Health Insurance Program Act, the | ||||||
3 | Covering ALL KIDS Health Insurance Act, and the Veterans' | ||||||
4 | Health Insurance Program Act of 2008 , and the Senior | ||||||
5 | Citizens and Persons with Disabilities Property Tax Relief | ||||||
6 | and Pharmaceutical Assistance Act .
| ||||||
7 | (1.5) For payments to managed care organizations as
| ||||||
8 | defined in Section 5-30.1 of the Illinois Public Aid Code. | ||||||
9 | (2) For reimbursement of moneys collected by the | ||||||
10 | Department of Healthcare and Family Services (formerly
| ||||||
11 | Illinois Department of
Public Aid) through error or | ||||||
12 | mistake.
| ||||||
13 | (3) For payments of any amounts that are reimbursable | ||||||
14 | to the federal
government resulting from a payment into | ||||||
15 | this Fund.
| ||||||
16 | (4) (Blank). For payments of operational and | ||||||
17 | administrative expenses related to providing and managing | ||||||
18 | coverage for prescription drugs and other pharmacy | ||||||
19 | products provided to a recipient of medical assistance | ||||||
20 | under the Illinois Public Aid Code, the Children's Health | ||||||
21 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
22 | Insurance Act, and the Veterans' Health Insurance Program | ||||||
23 | Act of 2008. | ||||||
24 | (c) The Fund shall consist of the following:
| ||||||
25 | (1) Upon notification from the Director of Healthcare | ||||||
26 | and Family Services, the Comptroller
shall direct and the |
| |||||||
| |||||||
1 | Treasurer shall transfer the net State share (disregarding | ||||||
2 | the reduction in net State share attributable to the | ||||||
3 | American Recovery and Reinvestment Act of 2009 or any other | ||||||
4 | federal economic stimulus program) of all moneys
received | ||||||
5 | by the Department of Healthcare and Family Services | ||||||
6 | (formerly Illinois Department of Public Aid) from drug | ||||||
7 | rebate agreements
with pharmaceutical manufacturers | ||||||
8 | pursuant to Title XIX of the federal Social
Security Act, | ||||||
9 | including any portion of the balance in the Public Aid | ||||||
10 | Recoveries
Trust Fund on July 1, 2001 that is attributable | ||||||
11 | to such receipts.
| ||||||
12 | (2) All federal matching funds received by the Illinois | ||||||
13 | Department as a
result of expenditures made by the | ||||||
14 | Department that are attributable to moneys
deposited in the | ||||||
15 | Fund.
| ||||||
16 | (3) Any premium collected by the Illinois Department | ||||||
17 | from participants
under a waiver approved by the federal | ||||||
18 | government relating to provision of
pharmaceutical | ||||||
19 | services.
| ||||||
20 | (4) All other moneys received for the Fund from any | ||||||
21 | other source,
including interest earned thereon.
| ||||||
22 | (Source: P.A. 100-23, eff. 7-6-17.)
| ||||||
23 | (30 ILCS 105/6z-81) | ||||||
24 | Sec. 6z-81. Healthcare Provider Relief Fund. | ||||||
25 | (a) There is created in the State treasury a special fund |
| |||||||
| |||||||
1 | to be known as the Healthcare Provider Relief Fund. | ||||||
2 | (b) The Fund is created for the purpose of receiving and | ||||||
3 | disbursing moneys in accordance with this Section. | ||||||
4 | Disbursements from the Fund shall be made only as follows: | ||||||
5 | (1) Subject to appropriation, for payment by the | ||||||
6 | Department of Healthcare and
Family Services or by the | ||||||
7 | Department of Human Services of medical bills and related | ||||||
8 | expenses, including administrative expenses, for which the | ||||||
9 | State is responsible under Titles XIX and XXI of the Social | ||||||
10 | Security Act, the Illinois Public Aid Code, the Children's | ||||||
11 | Health Insurance Program Act, the Covering ALL KIDS Health | ||||||
12 | Insurance Act, the Senior Citizens and Persons with | ||||||
13 | Disabilities Property Tax Relief and Pharmaceutical | ||||||
14 | Assistance Act, and the Long Term Acute Care Hospital | ||||||
15 | Quality Improvement Transfer Program Act. | ||||||
16 | (2) For repayment of funds borrowed from other State
| ||||||
17 | funds or from outside sources, including interest thereon. | ||||||
18 | (3) For State fiscal years 2017, 2018, and 2019, for | ||||||
19 | making payments to the human poison control center pursuant | ||||||
20 | to Section 12-4.105 of the Illinois Public Aid Code. | ||||||
21 | (c) The Fund shall consist of the following: | ||||||
22 | (1) Moneys received by the State from short-term
| ||||||
23 | borrowing pursuant to the Short Term Borrowing Act on or | ||||||
24 | after the effective date of Public Act 96-820. | ||||||
25 | (2) All federal matching funds received by the
Illinois | ||||||
26 | Department of Healthcare and Family Services as a result of |
| |||||||
| |||||||
1 | expenditures made by the Department that are attributable | ||||||
2 | to moneys deposited in the Fund. | ||||||
3 | (3) All federal matching funds received by the
Illinois | ||||||
4 | Department of Healthcare and Family Services as a result of | ||||||
5 | federal approval of Title XIX State plan amendment | ||||||
6 | transmittal number 07-09. | ||||||
7 | (4) All other moneys received for the Fund from any
| ||||||
8 | other source, including interest earned thereon. | ||||||
9 | (5) All federal matching funds received by the
Illinois | ||||||
10 | Department of Healthcare and Family Services as a result of | ||||||
11 | expenditures made by the Department for Medical Assistance | ||||||
12 | from the General Revenue Fund, the Tobacco Settlement | ||||||
13 | Recovery Fund, the Long-Term Care Provider Fund, and the | ||||||
14 | Drug Rebate Fund related to individuals eligible for | ||||||
15 | medical assistance pursuant to the Patient Protection and | ||||||
16 | Affordable Care Act (P.L. 111-148) and Section 5-2 of the | ||||||
17 | Illinois Public Aid Code. | ||||||
18 | (d) In addition to any other transfers that may be provided | ||||||
19 | for by law, on the effective date of Public Act 97-44, or as | ||||||
20 | soon thereafter as practical, the State Comptroller shall | ||||||
21 | direct and the State Treasurer shall transfer the sum of | ||||||
22 | $365,000,000 from the General Revenue Fund into the Healthcare | ||||||
23 | 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 |
| |||||||
| |||||||
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 | (g) Notwithstanding any other State law to the contrary, | ||||||
19 | and in addition to any other transfers that may be provided for | ||||||
20 | by law, on July 1, 2013, or as soon thereafter as may be | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $601,000,000 from the | ||||||
23 | General Revenue Fund to the Healthcare Provider Relief Fund. | ||||||
24 | (Source: P.A. 99-516, eff. 6-30-16; 100-587, eff. 6-4-18.)
| ||||||
25 | Section 20. The Downstate Public Transportation Act is |
| |||||||
| |||||||
1 | amended by changing Sections 2-15.2 and 2-15.3 as follows:
| ||||||
2 | (30 ILCS 740/2-15.2) | ||||||
3 | Sec. 2-15.2. Free services; eligibility. | ||||||
4 | (a) Notwithstanding any law to the contrary, no later than | ||||||
5 | 60 days following the effective date of this amendatory Act of | ||||||
6 | the 95th General Assembly and until subsection (b) is | ||||||
7 | implemented, any fixed route public transportation services | ||||||
8 | provided by, or under grant or purchase of service contracts | ||||||
9 | of, every participant, as defined in Section 2-2.02 (1)(a), | ||||||
10 | shall be provided without charge to all senior citizen | ||||||
11 | residents of the participant aged 65 and older, under such | ||||||
12 | conditions as shall be prescribed by the participant. | ||||||
13 | (b) Notwithstanding any law to the contrary, no later than | ||||||
14 | 180 days following the effective date of this amendatory Act of | ||||||
15 | the 96th General Assembly, any fixed route public | ||||||
16 | transportation services provided by, or under grant or purchase | ||||||
17 | of service contracts of, every participant, as defined in | ||||||
18 | Section 2-2.02 (1)(a), shall be provided without charge to | ||||||
19 | senior citizens aged 65 and older who meet the income | ||||||
20 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
21 | 4 of the Senior Citizens and Persons with Disabilities Property | ||||||
22 | Tax Relief and Pharmaceutical Assistance Act, under such | ||||||
23 | conditions as shall be prescribed by the participant. The | ||||||
24 | Department on Aging shall furnish all information reasonably | ||||||
25 | necessary to determine eligibility, including updated lists of |
| |||||||
| |||||||
1 | individuals who are eligible for services without charge under | ||||||
2 | this Section. Nothing in this Section shall relieve the | ||||||
3 | participant from providing reduced fares as may be required by | ||||||
4 | federal law.
| ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
6 | (30 ILCS 740/2-15.3)
| ||||||
7 | Sec. 2-15.3. Transit services for individuals with | ||||||
8 | disabilities. Notwithstanding any law to the contrary, no later | ||||||
9 | than 60 days following the effective date of this amendatory | ||||||
10 | Act of the 95th General Assembly, all fixed route public | ||||||
11 | transportation services provided by, or under grant or purchase | ||||||
12 | of service contract of, any participant shall be provided | ||||||
13 | without charge to all persons with disabilities who meet the | ||||||
14 | income eligibility limitation set forth in subsection (a-5) of | ||||||
15 | Section 4 of the Senior Citizens and Persons with Disabilities | ||||||
16 | Property Tax Relief and Pharmaceutical Assistance Act, under | ||||||
17 | such procedures as shall be prescribed by the participant. The | ||||||
18 | Department on Aging shall furnish all information reasonably | ||||||
19 | necessary to determine eligibility, including updated lists of | ||||||
20 | individuals who are eligible for services without charge under | ||||||
21 | this Section.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
23 | Section 25. The Property Tax Code is amended by changing | ||||||
24 | Sections 15-172, 15-175, 20-15, and 21-27 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 200/15-172)
| ||||||
2 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
3 | Exemption.
| ||||||
4 | (a) This Section may be cited as the Senior Citizens | ||||||
5 | Assessment
Freeze Homestead Exemption.
| ||||||
6 | (b) As used in this Section:
| ||||||
7 | "Applicant" means an individual who has filed an | ||||||
8 | application under this
Section.
| ||||||
9 | "Base amount" means the base year equalized assessed value | ||||||
10 | of the residence
plus the first year's equalized assessed value | ||||||
11 | of any added improvements which
increased the assessed value of | ||||||
12 | the residence after the base year.
| ||||||
13 | "Base year" means the taxable year prior to the taxable | ||||||
14 | year for which the
applicant first qualifies and applies for | ||||||
15 | the exemption provided that in the
prior taxable year the | ||||||
16 | property was improved with a permanent structure that
was | ||||||
17 | occupied as a residence by the applicant who was liable for | ||||||
18 | paying real
property taxes on the property and who was either | ||||||
19 | (i) an owner of record of the
property or had legal or | ||||||
20 | equitable interest in the property as evidenced by a
written | ||||||
21 | instrument or (ii) had a legal or equitable interest as a | ||||||
22 | lessee in the
parcel of property that was single family | ||||||
23 | residence.
If in any subsequent taxable year for which the | ||||||
24 | applicant applies and
qualifies for the exemption the equalized | ||||||
25 | assessed value of the residence is
less than the equalized |
| |||||||
| |||||||
1 | assessed value in the existing base year
(provided that such | ||||||
2 | equalized assessed value is not
based
on an
assessed value that | ||||||
3 | results from a temporary irregularity in the property that
| ||||||
4 | reduces the
assessed value for one or more taxable years), then | ||||||
5 | that
subsequent taxable year shall become the base year until a | ||||||
6 | new base year is
established under the terms of this paragraph. | ||||||
7 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
8 | shall review (i) all taxable years for which
the
applicant | ||||||
9 | applied and qualified for the exemption and (ii) the existing | ||||||
10 | base
year.
The assessment officer shall select as the new base | ||||||
11 | year the year with the
lowest equalized assessed value.
An | ||||||
12 | equalized assessed value that is based on an assessed value | ||||||
13 | that results
from a
temporary irregularity in the property that | ||||||
14 | reduces the assessed value for one
or more
taxable years shall | ||||||
15 | not be considered the lowest equalized assessed value.
The | ||||||
16 | selected year shall be the base year for
taxable year 1999 and | ||||||
17 | thereafter until a new base year is established under the
terms | ||||||
18 | of this paragraph.
| ||||||
19 | "Chief County Assessment Officer" means the County | ||||||
20 | Assessor or Supervisor of
Assessments of the county in which | ||||||
21 | the property is located.
| ||||||
22 | "Equalized assessed value" means the assessed value as | ||||||
23 | equalized by the
Illinois Department of Revenue.
| ||||||
24 | "Household" means the applicant, the spouse of the | ||||||
25 | applicant, and all persons
using the residence of the applicant | ||||||
26 | as their principal place of residence.
|
| |||||||
| |||||||
1 | "Household income" means the combined income of the members | ||||||
2 | of a household
for the calendar year preceding the taxable | ||||||
3 | year.
| ||||||
4 | "Income" has the same meaning as provided in Section 3.07 | ||||||
5 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
6 | Tax Relief
and Pharmaceutical Assistance Act, except that, | ||||||
7 | beginning in assessment year 2001, "income" does not
include | ||||||
8 | veteran's benefits.
| ||||||
9 | "Internal Revenue Code of 1986" means the United States | ||||||
10 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
11 | relating to federal income taxes in effect
for the year | ||||||
12 | preceding the taxable year.
| ||||||
13 | "Life care facility that qualifies as a cooperative" means | ||||||
14 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
15 | Act.
| ||||||
16 | "Maximum income limitation" means: | ||||||
17 | (1) $35,000 prior
to taxable year 1999; | ||||||
18 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
19 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
20 | (4) $50,000 in taxable years 2006 and 2007; | ||||||
21 | (5) $55,000 in taxable years 2008 through 2016;
| ||||||
22 | (6) for taxable year 2017, (i) $65,000 for qualified | ||||||
23 | property located in a county with 3,000,000 or more | ||||||
24 | inhabitants and (ii) $55,000 for qualified property | ||||||
25 | located in a county with fewer than 3,000,000 inhabitants; | ||||||
26 | and |
| |||||||
| |||||||
1 | (7) for taxable years 2018 and thereafter, $65,000 for | ||||||
2 | all qualified property. | ||||||
3 | "Residence" means the principal dwelling place and | ||||||
4 | appurtenant structures
used for residential purposes in this | ||||||
5 | State occupied on January 1 of the
taxable year by a household | ||||||
6 | and so much of the surrounding land, constituting
the parcel | ||||||
7 | upon which the dwelling place is situated, as is used for
| ||||||
8 | residential purposes. If the Chief County Assessment Officer | ||||||
9 | has established a
specific legal description for a portion of | ||||||
10 | property constituting the
residence, then that portion of | ||||||
11 | property shall be deemed the residence for the
purposes of this | ||||||
12 | Section.
| ||||||
13 | "Taxable year" means the calendar year during which ad | ||||||
14 | valorem property taxes
payable in the next succeeding year are | ||||||
15 | levied.
| ||||||
16 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
17 | assessment freeze
homestead exemption is granted for real | ||||||
18 | property that is improved with a
permanent structure that is | ||||||
19 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
20 | age or older during the taxable year, (ii) has a household | ||||||
21 | income that does not exceed the maximum income limitation, | ||||||
22 | (iii) is liable for paying real property taxes on
the
property, | ||||||
23 | and (iv) is an owner of record of the property or has a legal or
| ||||||
24 | equitable interest in the property as evidenced by a written | ||||||
25 | instrument. This
homestead exemption shall also apply to a | ||||||
26 | leasehold interest in a parcel of
property improved with a |
| |||||||
| |||||||
1 | permanent structure that is a single family residence
that is | ||||||
2 | occupied as a residence by a person who (i) is 65 years of age | ||||||
3 | or older
during the taxable year, (ii) has a household income | ||||||
4 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
5 | legal or equitable ownership interest in the property as | ||||||
6 | lessee, and (iv)
is liable for the payment of real property | ||||||
7 | taxes on that property.
| ||||||
8 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
9 | the exemption for all taxable years is the equalized assessed | ||||||
10 | value of the
residence in the taxable year for which | ||||||
11 | application is made minus the base
amount. In all other | ||||||
12 | counties, the amount of the exemption is as follows: (i) | ||||||
13 | through taxable year 2005 and for taxable year 2007 and | ||||||
14 | thereafter, the amount of this exemption shall be the equalized | ||||||
15 | assessed value of the
residence in the taxable year for which | ||||||
16 | application is made minus the base
amount; and (ii) for
taxable | ||||||
17 | year 2006, the amount of the exemption is as follows:
| ||||||
18 | (1) For an applicant who has a household income of | ||||||
19 | $45,000 or less, the amount of the exemption is the | ||||||
20 | equalized assessed value of the
residence in the taxable | ||||||
21 | year for which application is made minus the base
amount. | ||||||
22 | (2) For an applicant who has a household income | ||||||
23 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
24 | the exemption is (i) the equalized assessed value of the
| ||||||
25 | residence in the taxable year for which application is made | ||||||
26 | minus the base
amount (ii) multiplied by 0.8. |
| |||||||
| |||||||
1 | (3) For an applicant who has a household income | ||||||
2 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
3 | the exemption is (i) the equalized assessed value of the
| ||||||
4 | residence in the taxable year for which application is made | ||||||
5 | minus the base
amount (ii) multiplied by 0.6. | ||||||
6 | (4) For an applicant who has a household income | ||||||
7 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
8 | the exemption is (i) the equalized assessed value of the
| ||||||
9 | residence in the taxable year for which application is made | ||||||
10 | minus the base
amount (ii) multiplied by 0.4. | ||||||
11 | (5) For an applicant who has a household income | ||||||
12 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
13 | the exemption is (i) the equalized assessed value of the
| ||||||
14 | residence in the taxable year for which application is made | ||||||
15 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
16 | When the applicant is a surviving spouse of an applicant | ||||||
17 | for a prior year for
the same residence for which an exemption | ||||||
18 | under this Section has been granted,
the base year and base | ||||||
19 | amount for that residence are the same as for the
applicant for | ||||||
20 | the prior year.
| ||||||
21 | Each year at the time the assessment books are certified to | ||||||
22 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
23 | give to the County Clerk a list
of the assessed values of | ||||||
24 | improvements on each parcel qualifying for this
exemption that | ||||||
25 | were added after the base year for this parcel and that
| ||||||
26 | increased the assessed value of the property.
|
| |||||||
| |||||||
1 | In the case of land improved with an apartment building | ||||||
2 | owned and operated as
a cooperative or a building that is a | ||||||
3 | life care facility that qualifies as a
cooperative, the maximum | ||||||
4 | reduction from the equalized assessed value of the
property is | ||||||
5 | limited to the sum of the reductions calculated for each unit
| ||||||
6 | occupied as a residence by a person or persons (i) 65 years of | ||||||
7 | age or older, (ii) with a
household income that does not exceed | ||||||
8 | the maximum income limitation, (iii) who is liable, by contract | ||||||
9 | with the
owner
or owners of record, for paying real property | ||||||
10 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
11 | legal or equitable interest in the cooperative
apartment | ||||||
12 | building, other than a leasehold interest. In the instance of a
| ||||||
13 | cooperative where a homestead exemption has been granted under | ||||||
14 | this Section,
the cooperative association or its management | ||||||
15 | firm shall credit the savings
resulting from that exemption | ||||||
16 | only to the apportioned tax liability of the
owner who | ||||||
17 | qualified for the exemption. Any person who willfully refuses | ||||||
18 | to
credit that savings to an owner who qualifies for the | ||||||
19 | exemption is guilty of a
Class B misdemeanor.
| ||||||
20 | When a homestead exemption has been granted under this | ||||||
21 | Section and an
applicant then becomes a resident of a facility | ||||||
22 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
23 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
24 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
25 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
26 | years so long as the
residence (i) continues to be occupied by |
| |||||||
| |||||||
1 | the qualified applicant's spouse or
(ii) if remaining | ||||||
2 | unoccupied, is still owned by the qualified applicant for the
| ||||||
3 | homestead exemption.
| ||||||
4 | Beginning January 1, 1997, when an individual dies who | ||||||
5 | would have qualified
for an exemption under this Section, and | ||||||
6 | the surviving spouse does not
independently qualify for this | ||||||
7 | exemption because of age, the exemption under
this Section | ||||||
8 | shall be granted to the surviving spouse for the taxable year
| ||||||
9 | preceding and the taxable
year of the death, provided that, | ||||||
10 | except for age, the surviving spouse meets
all
other | ||||||
11 | qualifications for the granting of this exemption for those | ||||||
12 | years.
| ||||||
13 | When married persons maintain separate residences, the | ||||||
14 | exemption provided for
in this Section may be claimed by only | ||||||
15 | one of such persons and for only one
residence.
| ||||||
16 | For taxable year 1994 only, in counties having less than | ||||||
17 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
18 | submit an application by
February 15, 1995 to the Chief County | ||||||
19 | Assessment Officer
of the county in which the property is | ||||||
20 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
21 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
22 | the exemption, a person
may submit an application to the Chief | ||||||
23 | County
Assessment Officer of the county in which the property | ||||||
24 | is located during such
period as may be specified by the Chief | ||||||
25 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
26 | in counties of 3,000,000 or more inhabitants shall
annually |
| |||||||
| |||||||
1 | give notice of the application period by mail or by | ||||||
2 | publication. In
counties having less than 3,000,000 | ||||||
3 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
4 | to receive the exemption, a person
shall
submit an
application | ||||||
5 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
6 | Officer of the county in which the property is located. A | ||||||
7 | county may, by
ordinance, establish a date for submission of | ||||||
8 | applications that is
different than
July 1.
The applicant shall | ||||||
9 | submit with the
application an affidavit of the applicant's | ||||||
10 | total household income, age,
marital status (and if married the | ||||||
11 | name and address of the applicant's spouse,
if known), and | ||||||
12 | principal dwelling place of members of the household on January
| ||||||
13 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
14 | a method for
verifying the accuracy of affidavits filed by | ||||||
15 | applicants under this Section, and the Chief County Assessment | ||||||
16 | Officer may conduct audits of any taxpayer claiming an | ||||||
17 | exemption under this Section to verify that the taxpayer is | ||||||
18 | eligible to receive the exemption. Each application shall | ||||||
19 | contain or be verified by a written declaration that it is made | ||||||
20 | under the penalties of perjury. A taxpayer's signing a | ||||||
21 | fraudulent application under this Act is perjury, as defined in | ||||||
22 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
23 | shall be clearly marked as applications for the Senior
Citizens | ||||||
24 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
25 | that any taxpayer who receives the exemption is subject to an | ||||||
26 | audit by the Chief County Assessment Officer.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision to the contrary, in | ||||||
2 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
3 | applicant fails
to file the application required by this | ||||||
4 | Section in a timely manner and this
failure to file is due to a | ||||||
5 | mental or physical condition sufficiently severe so
as to | ||||||
6 | render the applicant incapable of filing the application in a | ||||||
7 | timely
manner, the Chief County Assessment Officer may extend | ||||||
8 | the filing deadline for
a period of 30 days after the applicant | ||||||
9 | regains the capability to file the
application, but in no case | ||||||
10 | may the filing deadline be extended beyond 3
months of the | ||||||
11 | original filing deadline. In order to receive the extension
| ||||||
12 | provided in this paragraph, the applicant shall provide the | ||||||
13 | Chief County
Assessment Officer with a signed statement from | ||||||
14 | the applicant's physician, advanced practice registered nurse, | ||||||
15 | or physician assistant
stating the nature and extent of the | ||||||
16 | condition, that, in the
physician's, advanced practice | ||||||
17 | registered nurse's, or physician assistant's opinion, the | ||||||
18 | condition was so severe that it rendered the applicant
| ||||||
19 | incapable of filing the application in a timely manner, and the | ||||||
20 | date on which
the applicant regained the capability to file the | ||||||
21 | application.
| ||||||
22 | Beginning January 1, 1998, notwithstanding any other | ||||||
23 | provision to the
contrary, in counties having fewer than | ||||||
24 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
25 | application required by this Section in a timely manner and
| ||||||
26 | this failure to file is due to a mental or physical condition |
| |||||||
| |||||||
1 | sufficiently
severe so as to render the applicant incapable of | ||||||
2 | filing the application in a
timely manner, the Chief County | ||||||
3 | Assessment Officer may extend the filing
deadline for a period | ||||||
4 | of 3 months. In order to receive the extension provided
in this | ||||||
5 | paragraph, the applicant shall provide the Chief County | ||||||
6 | Assessment
Officer with a signed statement from the applicant's | ||||||
7 | physician, advanced practice registered nurse, or physician | ||||||
8 | assistant stating the
nature and extent of the condition, and | ||||||
9 | that, in the physician's, advanced practice registered | ||||||
10 | nurse's, or physician assistant's opinion, the
condition was so | ||||||
11 | severe that it rendered the applicant incapable of filing the
| ||||||
12 | application in a timely manner.
| ||||||
13 | In counties having less than 3,000,000 inhabitants, if an | ||||||
14 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
15 | denial occurred due to an
error on the part of an assessment
| ||||||
16 | official, or his or her agent or employee, then beginning in | ||||||
17 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
18 | determining the amount of the exemption,
shall be 1993 rather | ||||||
19 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
20 | exemption shall also include an amount equal to (i) the amount | ||||||
21 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
22 | as a result of using
1994, rather than 1993, as the base year, | ||||||
23 | (ii) the amount of any exemption
denied to the applicant in | ||||||
24 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
25 | as the base year, and (iii) the amount of the exemption | ||||||
26 | erroneously
denied for taxable year 1994.
|
| |||||||
| |||||||
1 | For purposes of this Section, a person who will be 65 years | ||||||
2 | of age during the
current taxable year shall be eligible to | ||||||
3 | apply for the homestead exemption
during that taxable year. | ||||||
4 | Application shall be made during the application
period in | ||||||
5 | effect for the county of his or her residence.
| ||||||
6 | The Chief County Assessment Officer may determine the | ||||||
7 | eligibility of a life
care facility that qualifies as a | ||||||
8 | cooperative to receive the benefits
provided by this Section by | ||||||
9 | use of an affidavit, application, visual
inspection, | ||||||
10 | questionnaire, or other reasonable method in order to insure | ||||||
11 | that
the tax savings resulting from the exemption are credited | ||||||
12 | by the management
firm to the apportioned tax liability of each | ||||||
13 | qualifying resident. The Chief
County Assessment Officer may | ||||||
14 | request reasonable proof that the management firm
has so | ||||||
15 | credited that exemption.
| ||||||
16 | Except as provided in this Section, all information | ||||||
17 | received by the chief
county assessment officer or the | ||||||
18 | Department from applications filed under this
Section, or from | ||||||
19 | any investigation conducted under the provisions of this
| ||||||
20 | Section, shall be confidential, except for official purposes or
| ||||||
21 | pursuant to official procedures for collection of any State or | ||||||
22 | local tax or
enforcement of any civil or criminal penalty or | ||||||
23 | sanction imposed by this Act or
by any statute or ordinance | ||||||
24 | imposing a State or local tax. Any person who
divulges any such | ||||||
25 | information in any manner, except in accordance with a proper
| ||||||
26 | judicial order, is guilty of a Class A misdemeanor.
|
| |||||||
| |||||||
1 | Nothing contained in this Section shall prevent the | ||||||
2 | Director or chief county
assessment officer from publishing or | ||||||
3 | making available reasonable statistics
concerning the | ||||||
4 | operation of the exemption contained in this Section in which
| ||||||
5 | the contents of claims are grouped into aggregates in such a | ||||||
6 | way that
information contained in any individual claim shall | ||||||
7 | not be disclosed. | ||||||
8 | Notwithstanding any other provision of law, for taxable | ||||||
9 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
10 | inhabitants, the amount of the exemption shall be the greater | ||||||
11 | of (i) the amount of the exemption otherwise calculated under | ||||||
12 | this Section or (ii) $2,000.
| ||||||
13 | (d) Each Chief County Assessment Officer shall annually | ||||||
14 | publish a notice
of availability of the exemption provided | ||||||
15 | under this Section. The notice
shall be published at least 60 | ||||||
16 | days but no more than 75 days prior to the date
on which the | ||||||
17 | application must be submitted to the Chief County Assessment
| ||||||
18 | Officer of the county in which the property is located. The | ||||||
19 | notice shall
appear in a newspaper of general circulation in | ||||||
20 | the county.
| ||||||
21 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
22 | no reimbursement by the State is required for the | ||||||
23 | implementation of any mandate created by this Section.
| ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
25 | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-401, eff. | ||||||
26 | 8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/15-175)
| ||||||
2 | Sec. 15-175. General homestead exemption. | ||||||
3 | (a) Except as provided in Sections 15-176 and 15-177, | ||||||
4 | homestead
property is
entitled to an annual homestead exemption | ||||||
5 | limited, except as described here
with relation to cooperatives | ||||||
6 | or life care facilities, to a reduction in the equalized | ||||||
7 | assessed value
of homestead property equal to the increase in | ||||||
8 | equalized assessed value for the
current assessment year above | ||||||
9 | the equalized assessed value of the property for
1977, up to | ||||||
10 | the maximum reduction set forth below. If however, the 1977
| ||||||
11 | equalized assessed value upon which taxes were paid is | ||||||
12 | subsequently determined
by local assessing officials, the | ||||||
13 | Property Tax Appeal Board, or a court to have
been excessive, | ||||||
14 | the equalized assessed value which should have been placed on
| ||||||
15 | the property for 1977 shall be used to determine the amount of | ||||||
16 | the exemption.
| ||||||
17 | (b) Except as provided in Section 15-176, the maximum | ||||||
18 | reduction before taxable year 2004 shall be
$4,500 in counties | ||||||
19 | with 3,000,000 or more
inhabitants
and $3,500 in all other | ||||||
20 | counties. Except as provided in Sections 15-176 and 15-177, for | ||||||
21 | taxable years 2004 through 2007, the maximum reduction shall be | ||||||
22 | $5,000, for taxable year 2008, the maximum reduction is $5,500, | ||||||
23 | and, for taxable years 2009 through 2011, the maximum reduction | ||||||
24 | is $6,000 in all counties. For taxable years 2012 through 2016, | ||||||
25 | the maximum reduction is $7,000 in counties with 3,000,000 or |
| |||||||
| |||||||
1 | more
inhabitants
and $6,000 in all other counties. For taxable | ||||||
2 | years 2017 and thereafter, the maximum reduction is $10,000 in | ||||||
3 | counties with 3,000,000 or more inhabitants and $6,000 in all | ||||||
4 | other counties. If a county has elected to subject itself to | ||||||
5 | the provisions of Section 15-176 as provided in subsection (k) | ||||||
6 | of that Section, then, for the first taxable year only after | ||||||
7 | the provisions of Section 15-176 no longer apply, for owners | ||||||
8 | who, for the taxable year, have not been granted a senior | ||||||
9 | citizens assessment freeze homestead exemption under Section | ||||||
10 | 15-172 or a long-time occupant homestead exemption under | ||||||
11 | Section 15-177, there shall be an additional exemption of | ||||||
12 | $5,000 for owners with a household income of $30,000 or less.
| ||||||
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
| ||||||
20 | reduction set forth in this Section.
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
8 | (d-1) In counties with 3,000,000 or more inhabitants, where | ||||||
9 | the chief county assessment officer provides a notice of | ||||||
10 | discovery, if a property is not
occupied by its owner as a | ||||||
11 | principal residence as of January 1 of the current tax year, | ||||||
12 | then the property owner shall notify the chief county | ||||||
13 | assessment officer of that fact on a form prescribed by the | ||||||
14 | chief county assessment officer. That notice must be received | ||||||
15 | by the chief county assessment officer on or before March 1 of | ||||||
16 | the collection year. If mailed, the form shall be sent by | ||||||
17 | certified mail, return receipt requested. If the form is | ||||||
18 | provided in person, the chief county assessment officer shall | ||||||
19 | provide a date stamped copy of the notice. Failure to provide | ||||||
20 | timely notice pursuant to this subsection (d-1) shall result in | ||||||
21 | the exemption being treated as an erroneous exemption. Upon | ||||||
22 | timely receipt of the notice for the current tax year, no | ||||||
23 | exemption shall be applied to the property for the current tax | ||||||
24 | year. If the exemption is not removed upon timely receipt of | ||||||
25 | the notice by the chief assessment officer, then the error is | ||||||
26 | considered granted as a result of a clerical error or omission |
| |||||||
| |||||||
1 | on the part of the chief county assessment officer as described | ||||||
2 | in subsection (h) of Section 9-275, and the property owner | ||||||
3 | shall not be liable for the payment of interest and penalties | ||||||
4 | due to the erroneous exemption for the current tax year for | ||||||
5 | which the notice was filed after the date that notice was | ||||||
6 | timely received pursuant to this subsection. Notice provided | ||||||
7 | under this subsection shall not constitute a defense or amnesty | ||||||
8 | for prior year erroneous exemptions. | ||||||
9 | For the purposes of this subsection (d-1): | ||||||
10 | "Collection year" means the year in which the first and | ||||||
11 | second installment of the current tax year is billed. | ||||||
12 | "Current tax year" means the year prior to the collection | ||||||
13 | year. | ||||||
14 | (e) The chief county assessment officer may, when | ||||||
15 | considering whether to grant a leasehold exemption under this | ||||||
16 | Section, require the following conditions to be met: | ||||||
17 | (1) that a notarized application for the exemption, | ||||||
18 | signed by both the owner and the lessee of the property, | ||||||
19 | must be submitted each year during the application period | ||||||
20 | in effect for the county in which the property is located; | ||||||
21 | (2) that a copy of the lease must be filed with the | ||||||
22 | chief county assessment officer by the owner of the | ||||||
23 | property at the time the notarized application is | ||||||
24 | submitted; | ||||||
25 | (3) that the lease must expressly state that the lessee | ||||||
26 | is liable for the payment of property taxes; and |
| |||||||
| |||||||
1 | (4) that the lease must include the following language | ||||||
2 | in substantially the following form: | ||||||
3 | "Lessee shall be liable for the payment of real | ||||||
4 | estate taxes with respect to the residence in | ||||||
5 | accordance with the terms and conditions of Section | ||||||
6 | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | ||||||
7 | The permanent real estate index number for the premises | ||||||
8 | is (insert number), and, according to the most recent | ||||||
9 | property tax bill, the current amount of real estate | ||||||
10 | taxes associated with the premises is (insert amount) | ||||||
11 | per year. The parties agree that the monthly rent set | ||||||
12 | forth above shall be increased or decreased pro rata | ||||||
13 | (effective January 1 of each calendar year) to reflect | ||||||
14 | any increase or decrease in real estate taxes. Lessee | ||||||
15 | shall be deemed to be satisfying Lessee's liability for | ||||||
16 | the above mentioned real estate taxes with the monthly | ||||||
17 | rent payments as set forth above (or increased or | ||||||
18 | decreased as set forth herein).". | ||||||
19 | In addition, if there is a change in lessee, or if the | ||||||
20 | lessee vacates the property, then the chief county assessment | ||||||
21 | officer may require the owner of the property to notify the | ||||||
22 | chief county assessment officer of that change. | ||||||
23 | This subsection (e) does not apply to leasehold interests | ||||||
24 | in property owned by a municipality. | ||||||
25 | (f) "Homestead property" under this Section includes | ||||||
26 | residential property that is
occupied by its owner or owners as |
| |||||||
| |||||||
1 | his or their principal dwelling place, or
that is a leasehold | ||||||
2 | interest on which a single family residence is situated,
which | ||||||
3 | is occupied as a residence by a person who has an ownership | ||||||
4 | interest
therein, legal or equitable or as a lessee, and on | ||||||
5 | which the person is
liable for the payment of property taxes. | ||||||
6 | For land improved with
an apartment building owned and operated | ||||||
7 | as a cooperative, the maximum reduction from the equalized
| ||||||
8 | assessed value shall be limited to the increase in the value | ||||||
9 | above the
equalized assessed value of the property for 1977, up | ||||||
10 | to
the maximum reduction set forth above, multiplied by the | ||||||
11 | number of apartments
or units occupied by a person or persons | ||||||
12 | who is liable, by contract with the
owner or owners of record, | ||||||
13 | for paying property taxes on the property and is an
owner of | ||||||
14 | record of a legal or equitable interest in the cooperative
| ||||||
15 | apartment building, other than a leasehold interest. For land | ||||||
16 | improved with a life care facility, the maximum reduction from | ||||||
17 | the value of the property, as equalized by the Department, | ||||||
18 | shall be multiplied by the number of apartments or units | ||||||
19 | occupied by a person or persons, irrespective of any legal, | ||||||
20 | equitable, or leasehold interest in the facility, who are | ||||||
21 | liable, under a life care contract with the owner or owners of | ||||||
22 | record of the facility, for paying property taxes on the | ||||||
23 | property. For purposes of this
Section, the term "life care | ||||||
24 | facility" has the meaning stated in Section
15-170.
| ||||||
25 | "Household", as used in this Section,
means the owner, the | ||||||
26 | spouse of the owner, and all persons using
the
residence of the |
| |||||||
| |||||||
1 | owner as their principal place of residence.
| ||||||
2 | "Household income", as used in this Section,
means the | ||||||
3 | combined income of the members of a household
for the calendar | ||||||
4 | year preceding the taxable year.
| ||||||
5 | "Income", as used in this Section,
has the same meaning as | ||||||
6 | provided in Section 3.07 of the Senior
Citizens
and Persons | ||||||
7 | with Disabilities Property Tax Relief and Pharmaceutical | ||||||
8 | Assistance Act,
except that
"income" does not include veteran's | ||||||
9 | benefits.
| ||||||
10 | (g) In a cooperative or life care facility where a | ||||||
11 | homestead exemption has been granted, the
cooperative | ||||||
12 | association or the management of the cooperative or life care | ||||||
13 | facility shall credit the savings
resulting from that exemption | ||||||
14 | only to the apportioned tax liability of the
owner or resident | ||||||
15 | who qualified for the exemption. Any person who willfully | ||||||
16 | refuses to so
credit the savings shall be guilty of a Class B | ||||||
17 | misdemeanor.
| ||||||
18 | (h) Where married persons maintain and reside in separate | ||||||
19 | residences qualifying
as homestead property, each residence | ||||||
20 | shall receive 50% of the total reduction
in equalized assessed | ||||||
21 | valuation provided by this Section.
| ||||||
22 | (i) In all counties, the assessor
or chief county | ||||||
23 | assessment officer may determine the
eligibility of | ||||||
24 | residential property to receive the homestead exemption and the | ||||||
25 | amount of the exemption by
application, visual inspection, | ||||||
26 | questionnaire or other reasonable methods. The
determination |
| |||||||
| |||||||
1 | shall be made in accordance with guidelines established by the
| ||||||
2 | Department, provided that the taxpayer applying for an | ||||||
3 | additional general exemption under this Section shall submit to | ||||||
4 | the chief county assessment officer an application with an | ||||||
5 | affidavit of the applicant's total household income, age, | ||||||
6 | marital status (and, if married, the name and address of the | ||||||
7 | applicant's spouse, if known), and principal dwelling place of | ||||||
8 | members of the household on January 1 of the taxable year. The | ||||||
9 | Department shall issue guidelines establishing a method for | ||||||
10 | verifying the accuracy of the affidavits filed by applicants | ||||||
11 | under this paragraph. The applications shall be clearly marked | ||||||
12 | as applications for the Additional General Homestead | ||||||
13 | Exemption.
| ||||||
14 | (i-5) This subsection (i-5) applies to counties with | ||||||
15 | 3,000,000 or more inhabitants. In the event of a sale of
| ||||||
16 | homestead property, the homestead exemption shall remain in | ||||||
17 | effect for the remainder of the assessment year of the sale. | ||||||
18 | Upon receipt of a transfer declaration transmitted by the | ||||||
19 | recorder pursuant to Section 31-30 of the Real Estate Transfer | ||||||
20 | Tax Law for property receiving an exemption under this Section, | ||||||
21 | the assessor shall mail a notice and forms to the new owner of | ||||||
22 | the property providing information pertaining to the rules and | ||||||
23 | applicable filing periods for applying or reapplying for | ||||||
24 | homestead exemptions under this Code for which the property may | ||||||
25 | be eligible. If the new owner fails to apply or reapply for a | ||||||
26 | homestead exemption during the applicable filing period or the |
| |||||||
| |||||||
1 | property no longer qualifies for an existing homestead | ||||||
2 | exemption, the assessor shall cancel such exemption for any | ||||||
3 | ensuing assessment year. | ||||||
4 | (j) In counties with fewer than 3,000,000 inhabitants, in | ||||||
5 | the event of a sale
of
homestead property the homestead | ||||||
6 | exemption shall remain in effect for the
remainder of the | ||||||
7 | assessment year of the sale. The assessor or chief county
| ||||||
8 | assessment officer may require the new
owner of the property to | ||||||
9 | apply for the homestead exemption for the following
assessment | ||||||
10 | year.
| ||||||
11 | (k) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
12 | Act, no reimbursement by the State is required for the | ||||||
13 | implementation of any mandate created by this Section.
| ||||||
14 | (l) The changes made to this Section by this amendatory Act | ||||||
15 | of the 100th General Assembly are effective for the 2018 tax | ||||||
16 | year and thereafter. | ||||||
17 | (Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; | ||||||
18 | 99-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff. | ||||||
19 | 8-25-17; 100-1077, eff. 1-1-19 .)
| ||||||
20 | (35 ILCS 200/20-15)
| ||||||
21 | Sec. 20-15. Information on bill or separate statement. | ||||||
22 | There shall be
printed on each bill, or on a separate slip | ||||||
23 | which shall be mailed with the
bill:
| ||||||
24 | (a) a statement itemizing the rate at which taxes have | ||||||
25 | been extended for
each of the taxing districts in the |
| |||||||
| |||||||
1 | county in whose district the property is
located, and in | ||||||
2 | those counties utilizing
electronic data processing | ||||||
3 | equipment the dollar amount of tax due from the
person | ||||||
4 | assessed allocable to each of those taxing districts, | ||||||
5 | including a
separate statement of the dollar amount of tax | ||||||
6 | due which is allocable to a tax
levied under the Illinois | ||||||
7 | Local Library Act or to any other tax levied by a
| ||||||
8 | municipality or township for public library purposes,
| ||||||
9 | (b) a separate statement for each of the taxing | ||||||
10 | districts of the dollar
amount of tax due which is | ||||||
11 | allocable to a tax levied under the Illinois Pension
Code | ||||||
12 | or to any other tax levied by a municipality or township | ||||||
13 | for public
pension or retirement purposes,
| ||||||
14 | (c) the total tax rate,
| ||||||
15 | (d) the total amount of tax due, and
| ||||||
16 | (e) the amount by which the total tax and the tax | ||||||
17 | allocable to each taxing
district differs from the | ||||||
18 | taxpayer's last prior tax bill.
| ||||||
19 | The county treasurer shall ensure that only those taxing | ||||||
20 | districts in
which a parcel of property is located shall be | ||||||
21 | listed on the bill for that
property.
| ||||||
22 | In all counties the statement shall also provide:
| ||||||
23 | (1) the property index number or other suitable | ||||||
24 | description,
| ||||||
25 | (2) the assessment of the property,
| ||||||
26 | (3) the statutory amount of each homestead exemption |
| |||||||
| |||||||
1 | applied to the property, | ||||||
2 | (4) the assessed value of the property after | ||||||
3 | application of all homestead exemptions, | ||||||
4 | (5) the equalization factors imposed by the county and | ||||||
5 | by the Department,
and
| ||||||
6 | (6) the equalized assessment resulting from the | ||||||
7 | application of the
equalization factors to the basic | ||||||
8 | assessment.
| ||||||
9 | In all counties which do not classify property for purposes | ||||||
10 | of taxation, for
property on which a single family residence is | ||||||
11 | situated the statement shall
also include a statement to | ||||||
12 | reflect the fair cash value determined for the
property. In all | ||||||
13 | counties which classify property for purposes of taxation in
| ||||||
14 | accordance with Section 4 of Article IX of the Illinois | ||||||
15 | Constitution, for
parcels of residential property in the lowest | ||||||
16 | assessment classification the
statement shall also include a | ||||||
17 | statement to reflect the fair cash value
determined for the | ||||||
18 | property.
| ||||||
19 | In all counties, the statement must include information | ||||||
20 | that certain
taxpayers may be eligible for tax exemptions, | ||||||
21 | abatements, and other assistance programs and that, for more | ||||||
22 | information, taxpayers should consult with the office of their | ||||||
23 | township or county assessor and with the Illinois Department of | ||||||
24 | Revenue.
| ||||||
25 | In all counties, the statement shall include information
| ||||||
26 | that certain taxpayers may be eligible for the Senior Citizens |
| |||||||
| |||||||
1 | and Persons with Disabilities Property Tax Relief and | ||||||
2 | Pharmaceutical
Assistance Act and that applications are | ||||||
3 | available from the
Illinois Department on Aging. | ||||||
4 | In counties which use the estimated or accelerated billing | ||||||
5 | methods, these
statements shall only be provided with the final | ||||||
6 | installment of taxes due. The
provisions of this Section create | ||||||
7 | a mandatory statutory duty. They are not
merely directory or | ||||||
8 | discretionary. The failure or neglect of the collector to
mail | ||||||
9 | the bill, or the failure of the taxpayer to receive the bill, | ||||||
10 | shall not
affect the validity of any tax, or the liability for | ||||||
11 | the payment of any tax.
| ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15; 100-621, eff. 7-20-18.)
| ||||||
13 | (35 ILCS 200/21-27)
| ||||||
14 | Sec. 21-27. Waiver of interest penalty. | ||||||
15 | (a) On the recommendation
of the county treasurer, the | ||||||
16 | county board may adopt a resolution under which an
interest | ||||||
17 | penalty for the delinquent payment of taxes for any year that
| ||||||
18 | otherwise would be imposed under Section 21-15, 21-20, or 21-25 | ||||||
19 | shall be waived
in the case of any person who meets all of the | ||||||
20 | following criteria:
| ||||||
21 | (1) The person is determined eligible for a grant under | ||||||
22 | the Senior
Citizens and Persons with Disabilities Property | ||||||
23 | Tax Relief
and Pharmaceutical Assistance Act with respect | ||||||
24 | to the taxes for that year.
| ||||||
25 | (2) The person requests, in writing, on a form approved |
| |||||||
| |||||||
1 | by the county
treasurer, a waiver of the interest penalty, | ||||||
2 | and the request is filed with the
county treasurer on or | ||||||
3 | before the first day of the month that an installment of
| ||||||
4 | taxes is due.
| ||||||
5 | (3) The person pays the installment of taxes due, in | ||||||
6 | full, on or before
the third day of the month that the | ||||||
7 | installment is due.
| ||||||
8 | (4) The county treasurer approves the request for a | ||||||
9 | waiver.
| ||||||
10 | (b) With respect to property that qualifies as a brownfield | ||||||
11 | site under Section 58.2 of the Environmental Protection Act, | ||||||
12 | the county board, upon the recommendation
of the county | ||||||
13 | treasurer, may adopt a resolution to waive an
interest penalty | ||||||
14 | for the delinquent payment of taxes for any year that
otherwise | ||||||
15 | would be imposed under Section 21-15, 21-20, or 21-25 if all of | ||||||
16 | the following criteria are met: | ||||||
17 | (1) the property has delinquent taxes and an | ||||||
18 | outstanding interest penalty and the amount of that | ||||||
19 | interest penalty is so large as to, possibly, result in all | ||||||
20 | of the taxes becoming uncollectible; | ||||||
21 | (2) the property is part of a redevelopment plan of a | ||||||
22 | unit of local government and that unit of local government | ||||||
23 | does not oppose the waiver of the interest penalty; | ||||||
24 | (3) the redevelopment of the property will benefit the | ||||||
25 | public interest by remediating the brownfield | ||||||
26 | contamination; |
| |||||||
| |||||||
1 | (4) the taxpayer delivers to the county treasurer (i) a | ||||||
2 | written request for a waiver of the interest penalty, on a | ||||||
3 | form approved by the county
treasurer, and (ii) a copy of | ||||||
4 | the redevelopment plan for the property; | ||||||
5 | (5) the taxpayer pays, in full, the amount of up to the | ||||||
6 | amount of the first 2 installments of taxes due, to be held | ||||||
7 | in escrow pending the approval of the waiver, and enters | ||||||
8 | into an agreement with the county treasurer setting forth a | ||||||
9 | schedule for the payment of any remaining taxes due; and | ||||||
10 | (6) the county treasurer approves the request for a | ||||||
11 | waiver. | ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
13 | Section 30. The Mobile Home Local Services Tax Act is | ||||||
14 | amended by changing Section 7 as follows:
| ||||||
15 | (35 ILCS 515/7) (from Ch. 120, par. 1207)
| ||||||
16 | Sec. 7.
The local services tax for owners of mobile homes | ||||||
17 | who (a) are
actually residing in such mobile homes, (b) hold | ||||||
18 | title to such mobile
home as provided in the Illinois Vehicle | ||||||
19 | Code, and (c) are 65 years of age or older or are persons with | ||||||
20 | disabilities within the meaning of Section 3.14 of the Senior | ||||||
21 | Citizens and
Persons with Disabilities Property Tax Relief and | ||||||
22 | Pharmaceutical Assistance Act
on the annual billing date
shall | ||||||
23 | be reduced to 80 percent of the tax provided for in Section 3 | ||||||
24 | of
this Act. Proof that a claimant has been issued an Illinois
|
| |||||||
| |||||||
1 | Person with a Disability Identification Card stating that the | ||||||
2 | claimant is under a Class 2
disability, as provided in Section | ||||||
3 | 4A of the Illinois Identification Card
Act, shall constitute | ||||||
4 | proof that the person thereon named is a person with a | ||||||
5 | disability within the meaning of this Act. An application for | ||||||
6 | reduction of
the tax shall be filed with
the county clerk by | ||||||
7 | the individuals who are entitled to the reduction.
If the | ||||||
8 | application is filed after May 1, the reduction in tax shall
| ||||||
9 | begin with the next annual bill. Application for the reduction | ||||||
10 | in tax
shall be done by submitting proof that the applicant has | ||||||
11 | been issued an
Illinois Person with a Disability Identification | ||||||
12 | Card designating the applicant's
disability as a Class 2 | ||||||
13 | disability, or by affidavit in substantially the
following | ||||||
14 | form:
| ||||||
15 | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
| ||||||
16 | I hereby make application for a reduction to 80% of the | ||||||
17 | total tax
imposed under "An Act to provide for a local services
| ||||||
18 | tax on mobile homes".
| ||||||
19 | (1) Senior Citizens
| ||||||
20 | (a) I actually reside in the mobile home ....
| ||||||
21 | (b) I hold title to the mobile home as provided in the | ||||||
22 | Illinois
Vehicle Code ....
| ||||||
23 | (c) I reached the age of 65 on or before either January 1 | ||||||
24 | (or July
1) of the year in which this statement is filed. My | ||||||
25 | date of birth is: ...
| ||||||
26 | (2) Persons with Disabilities
|
| |||||||
| |||||||
1 | (a) I actually reside in the mobile home...
| ||||||
2 | (b) I hold title to the mobile home as provided in the | ||||||
3 | Illinois
Vehicle Code ....
| ||||||
4 | (c) I became a person with a total disability on ... and | ||||||
5 | have remained a person with a disability until
the date of this | ||||||
6 | application. My Social Security, Veterans, Railroad or
Civil | ||||||
7 | Service Total Disability Claim Number is ... The undersigned
| ||||||
8 | declares under the penalty of perjury that the above statements | ||||||
9 | are true
and correct.
| ||||||
10 | Dated (insert date).
| ||||||
11 | ...........................
| ||||||
12 | Signature of owner
| ||||||
13 | ...........................
| ||||||
14 | (Address)
| ||||||
15 | ...........................
| ||||||
16 | (City) (State) (Zip)
| ||||||
17 | Approved by:
| ||||||
18 | .............................
| ||||||
19 | (Assessor)
| ||||||
20 | This application shall be accompanied by a copy of the | ||||||
21 | applicant's
most recent application filed with the Illinois | ||||||
22 | Department on Aging
under the Senior Citizens and Persons with | ||||||
23 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
24 | Act.
| ||||||
25 | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | Section 35. The Metropolitan Transit Authority Act is | ||||||
2 | amended by changing Sections 51 and 52 as follows:
| ||||||
3 | (70 ILCS 3605/51) | ||||||
4 | Sec. 51. 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 Board shall be provided without charge to all senior | ||||||
11 | citizens of the Metropolitan Region (as such term is defined in | ||||||
12 | 70 ILCS 3615/1.03) aged 65 and older, under such conditions as | ||||||
13 | shall be prescribed by the 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 Board shall be provided without | ||||||
19 | charge to senior citizens aged 65 and older who meet the income | ||||||
20 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
21 | 4 of the Senior Citizens and Persons with Disabilities Property | ||||||
22 | Tax Relief and Pharmaceutical Assistance Act, under such | ||||||
23 | conditions as shall be prescribed by the Board. The Department | ||||||
24 | on Aging shall furnish all information reasonably necessary to |
| |||||||
| |||||||
1 | determine eligibility, including updated lists of individuals | ||||||
2 | who are eligible for services without charge under this | ||||||
3 | Section. Nothing in this Section shall relieve the Board from | ||||||
4 | providing reduced fares as may be required by federal law. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
6 | (70 ILCS 3605/52) | ||||||
7 | Sec. 52. Transit services for individuals with | ||||||
8 | disabilities. Notwithstanding any law to the contrary, no later | ||||||
9 | than 60 days following the effective date of this amendatory | ||||||
10 | Act of the 95th General Assembly, all fixed route public | ||||||
11 | transportation services provided by, or under grant or purchase | ||||||
12 | of service contract of, the Board shall be provided without | ||||||
13 | charge to all persons with disabilities who meet the income | ||||||
14 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
15 | 4 of the Senior Citizens and Persons with Disabilities Property | ||||||
16 | Tax Relief and Pharmaceutical Assistance Act, under such | ||||||
17 | procedures as shall be prescribed by the Board. The Department | ||||||
18 | on Aging shall furnish all information reasonably necessary to | ||||||
19 | determine eligibility, including updated lists of individuals | ||||||
20 | who are eligible for services without charge under this | ||||||
21 | Section.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
23 | Section 40. The Local Mass Transit District Act is amended | ||||||
24 | by changing Sections 8.6 and 8.7 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 3610/8.6) | ||||||
2 | Sec. 8.6. Free services; eligibility. | ||||||
3 | (a) Notwithstanding any law to the contrary, no later than | ||||||
4 | 60 days following the effective date of this amendatory Act of | ||||||
5 | the 95th General Assembly and until subsection (b) is | ||||||
6 | implemented, any fixed route public transportation services | ||||||
7 | provided by, or under grant or purchase of service contracts | ||||||
8 | of, every District shall be provided without charge to all | ||||||
9 | senior citizens of the District aged 65 and older, under such | ||||||
10 | conditions as shall be prescribed by the District.
| ||||||
11 | (b) Notwithstanding any law to the contrary, no later than | ||||||
12 | 180 days following the effective date of this amendatory Act of | ||||||
13 | the 96th General Assembly, any fixed route public | ||||||
14 | transportation services provided by, or under grant or purchase | ||||||
15 | of service contracts of, every District shall be provided | ||||||
16 | without charge to senior citizens aged 65 and older who meet | ||||||
17 | the income eligibility limitation set forth in subsection (a-5) | ||||||
18 | of Section 4 of the Senior Citizens and Persons with | ||||||
19 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
20 | Act, under such conditions as shall be prescribed by the | ||||||
21 | District. The Department on Aging shall furnish all information | ||||||
22 | reasonably necessary to determine eligibility, including | ||||||
23 | updated lists of individuals who are eligible for services | ||||||
24 | without charge under this Section. Nothing in this Section | ||||||
25 | shall relieve the District from providing reduced fares as may |
| |||||||
| |||||||
1 | be required by federal law. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
3 | (70 ILCS 3610/8.7) | ||||||
4 | Sec. 8.7. Transit services for individuals with | ||||||
5 | disabilities. Notwithstanding any law to the contrary, no later | ||||||
6 | than 60 days following the effective date of this amendatory | ||||||
7 | Act of the 95th General Assembly, all fixed route public | ||||||
8 | transportation services provided by, or under grant or purchase | ||||||
9 | of service contract of, any District shall be provided without | ||||||
10 | charge to all persons with disabilities who meet the income | ||||||
11 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
12 | 4 of the Senior Citizens and Persons with Disabilities Property | ||||||
13 | Tax Relief and Pharmaceutical Assistance Act, under such | ||||||
14 | procedures as shall be prescribed by the District. The | ||||||
15 | Department on Aging shall furnish all information reasonably | ||||||
16 | necessary to determine eligibility, including updated lists of | ||||||
17 | individuals who are eligible for services without charge under | ||||||
18 | this Section.
| ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
20 | Section 45. The Regional Transportation Authority Act is | ||||||
21 | amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as | ||||||
22 | follows:
| ||||||
23 | (70 ILCS 3615/3A.15) |
| |||||||
| |||||||
1 | Sec. 3A.15. Free services; eligibility. | ||||||
2 | (a) Notwithstanding any law to the contrary, no later than | ||||||
3 | 60 days following the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly and until subsection (b) is | ||||||
5 | implemented, any fixed route public transportation services | ||||||
6 | provided by, or under grant or purchase of service contracts | ||||||
7 | of, the Suburban Bus Board shall be provided without charge to | ||||||
8 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
9 | older, under such conditions as shall be prescribed by the | ||||||
10 | Suburban Bus Board. | ||||||
11 | (b) Notwithstanding any law to the contrary, no later than | ||||||
12 | 180 days following the effective date of this amendatory Act of | ||||||
13 | the 96th General Assembly, any fixed route public | ||||||
14 | transportation services provided by, or under grant or purchase | ||||||
15 | of service contracts of, the Suburban Bus Board shall be | ||||||
16 | provided without charge to senior citizens aged 65 and older | ||||||
17 | who meet the income eligibility limitation set forth in | ||||||
18 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
19 | Persons with Disabilities Property Tax Relief and | ||||||
20 | Pharmaceutical Assistance Act, under such conditions as shall | ||||||
21 | be prescribed by the Suburban Bus Board. The Department on | ||||||
22 | Aging shall furnish all information reasonably necessary to | ||||||
23 | determine eligibility, including updated lists of individuals | ||||||
24 | who are eligible for services without charge under this | ||||||
25 | Section. Nothing in this Section shall relieve the Suburban Bus | ||||||
26 | Board from providing reduced fares as may be required by |
| |||||||
| |||||||
1 | federal law.
| ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
3 | (70 ILCS 3615/3A.16) | ||||||
4 | Sec. 3A.16. Transit services for individuals with | ||||||
5 | disabilities. Notwithstanding any law to the contrary, no later | ||||||
6 | than 60 days following the effective date of this amendatory | ||||||
7 | Act of the 95th General Assembly, all fixed route public | ||||||
8 | transportation services provided by, or under grant or purchase | ||||||
9 | of service contract of, the Suburban Bus Board shall be | ||||||
10 | provided without charge to all persons with disabilities who | ||||||
11 | meet the income eligibility limitation set forth in subsection | ||||||
12 | (a-5) of Section 4 of the Senior Citizens and Persons with | ||||||
13 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
14 | Act, under such procedures as shall be prescribed by the Board. | ||||||
15 | The Department on Aging shall furnish all information | ||||||
16 | reasonably necessary to determine eligibility, including | ||||||
17 | updated lists of individuals who are eligible for services | ||||||
18 | without charge under this Section.
| ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
20 | (70 ILCS 3615/3B.14) | ||||||
21 | Sec. 3B.14. Free services; eligibility. | ||||||
22 | (a) Notwithstanding any law to the contrary, no later than | ||||||
23 | 60 days following the effective date of this amendatory Act of | ||||||
24 | the 95th General Assembly and until subsection (b) is |
| |||||||
| |||||||
1 | implemented, any fixed route public transportation services | ||||||
2 | provided by, or under grant or purchase of service contracts | ||||||
3 | of, the Commuter Rail Board shall be provided without charge to | ||||||
4 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
5 | older, under such conditions as shall be prescribed by the | ||||||
6 | Commuter Rail Board. | ||||||
7 | (b) Notwithstanding any law to the contrary, no later than | ||||||
8 | 180 days following the effective date of this amendatory Act of | ||||||
9 | the 96th General Assembly, any fixed route public | ||||||
10 | transportation services provided by, or under grant or purchase | ||||||
11 | of service contracts of, the Commuter Rail Board shall be | ||||||
12 | provided without charge to senior citizens aged 65 and older | ||||||
13 | who meet the income eligibility limitation set forth in | ||||||
14 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
15 | Persons with Disabilities Property Tax Relief and | ||||||
16 | Pharmaceutical Assistance Act, under such conditions as shall | ||||||
17 | be prescribed by the Commuter Rail Board. The Department on | ||||||
18 | Aging shall furnish all information reasonably necessary to | ||||||
19 | determine eligibility, including updated lists of individuals | ||||||
20 | who are eligible for services without charge under this | ||||||
21 | Section. Nothing in this Section shall relieve the Commuter | ||||||
22 | Rail Board from providing reduced fares as may be required by | ||||||
23 | federal law.
| ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
25 | (70 ILCS 3615/3B.15) |
| |||||||
| |||||||
1 | Sec. 3B.15. Transit services for individuals with | ||||||
2 | disabilities. Notwithstanding any law to the contrary, no later | ||||||
3 | than 60 days following the effective date of this amendatory | ||||||
4 | Act of the 95th General Assembly, all fixed route public | ||||||
5 | transportation services provided by, or under grant or purchase | ||||||
6 | of service contract of, the Commuter Rail Board shall be | ||||||
7 | provided without charge to all persons with disabilities who | ||||||
8 | meet the income eligibility limitation set forth in subsection | ||||||
9 | (a-5) of Section 4 of the Senior Citizens and Persons with | ||||||
10 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
11 | Act, under such procedures as shall be prescribed by the Board. | ||||||
12 | The Department on Aging shall furnish all information | ||||||
13 | reasonably necessary to determine eligibility, including | ||||||
14 | updated lists of individuals who are eligible for services | ||||||
15 | without charge under this Section.
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
17 | Section 50. The Senior Citizen Courses Act is amended by | ||||||
18 | changing Section 1 as follows:
| ||||||
19 | (110 ILCS 990/1) (from Ch. 144, par. 1801)
| ||||||
20 | Sec. 1. Definitions. For the purposes of this Act:
| ||||||
21 | (a) "Public institutions of higher education" means the | ||||||
22 | University of
Illinois, Southern Illinois University,
Chicago | ||||||
23 | State University, Eastern Illinois University, Governors State
| ||||||
24 | University, Illinois State University, Northeastern Illinois |
| |||||||
| |||||||
1 | University,
Northern Illinois University, Western Illinois | ||||||
2 | University, and
the public community colleges subject to the | ||||||
3 | "Public Community College Act".
| ||||||
4 | (b) "Credit Course" means any program of study for which | ||||||
5 | public
institutions of higher education award credit hours.
| ||||||
6 | (c) "Senior citizen" means any person 65 years or older | ||||||
7 | whose annual
household income is less than the threshold amount | ||||||
8 | provided in Section 4 of
the " Senior Citizens and Persons with | ||||||
9 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
10 | Act " , approved July 17, 1972, as amended.
| ||||||
11 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
12 | Section 55. The Citizens Utility Board Act is amended by | ||||||
13 | changing Section 9 as follows:
| ||||||
14 | (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
| ||||||
15 | Sec. 9. Mailing procedure.
| ||||||
16 | (1) As used in this Section:
| ||||||
17 | (a) "Enclosure" means a card, leaflet, envelope or | ||||||
18 | combination thereof
furnished by the corporation under | ||||||
19 | this Section.
| ||||||
20 | (b) "Mailing" means any communication by a State | ||||||
21 | agency, other than
a mailing made under the Senior Citizens | ||||||
22 | and
Persons with Disabilities Property Tax Relief and | ||||||
23 | Pharmaceutical Assistance Act,
that is sent through the | ||||||
24 | United States Postal Service to more than 50,000
persons |
| |||||||
| |||||||
1 | within a 12-month period.
| ||||||
2 | (c) "State agency" means any officer, department, | ||||||
3 | board, commission,
institution or entity of the executive | ||||||
4 | or legislative
branches of State government.
| ||||||
5 | (2) To accomplish its powers and duties under Section 5 | ||||||
6 | this Act, the
corporation, subject to the following | ||||||
7 | limitations, may prepare and furnish
to any State agency an | ||||||
8 | enclosure to be included with a mailing by that agency.
| ||||||
9 | (a) A State agency furnished with an enclosure shall | ||||||
10 | include the
enclosure within the mailing designated by the | ||||||
11 | corporation.
| ||||||
12 | (b) An enclosure furnished by the corporation under | ||||||
13 | this Section shall
be provided to the State agency a | ||||||
14 | reasonable period of time in advance of
the mailing.
| ||||||
15 | (c) An enclosure furnished by the corporation under | ||||||
16 | this Section shall be
limited to informing the reader of | ||||||
17 | the purpose, nature and activities of the
corporation as | ||||||
18 | set forth in this Act and informing the reader that it may
| ||||||
19 | become a member in the corporation, maintain membership in | ||||||
20 | the corporation
and contribute money to the corporation | ||||||
21 | directly.
| ||||||
22 | (d) Prior to furnishing an enclosure to the State | ||||||
23 | agency, the
corporation shall seek and obtain approval of | ||||||
24 | the content of the enclosure
from the Illinois Commerce | ||||||
25 | Commission. The Commission shall approve the
enclosure if | ||||||
26 | it determines that the enclosure (i) is not false or
|
| |||||||
| |||||||
1 | misleading and (ii) satisfies the requirements of this Act. | ||||||
2 | The Commission
shall be deemed to have approved the | ||||||
3 | enclosure unless it disapproves the
enclosure within 14 | ||||||
4 | days from the date of receipt.
| ||||||
5 | (3) The corporation shall reimburse each State agency for | ||||||
6 | all reasonable
incremental costs incurred by the State agency | ||||||
7 | in complying with this
Section above the agency's normal | ||||||
8 | mailing and handling costs, provided that:
| ||||||
9 | (a) The State agency shall first furnish the | ||||||
10 | corporation with an
itemized accounting of such additional | ||||||
11 | cost; and
| ||||||
12 | (b) The corporation shall not be required to reimburse | ||||||
13 | the State agency
for postage costs if the weight of the | ||||||
14 | corporation's enclosure does not
exceed .35 ounce | ||||||
15 | avoirdupois. If the corporation's enclosure exceeds that
| ||||||
16 | weight, then it shall only be required to reimburse the | ||||||
17 | State agency for
postage cost over and above what the | ||||||
18 | agency's postage cost would have been
had the enclosure | ||||||
19 | weighed only .35 ounce avoirdupois.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | Section 60. The Illinois Public Aid Code is amended by | ||||||
22 | changing Sections 3-5, 4-1.6, 4-2, 5-2, 5-4, 6-1.2, 6-2, and | ||||||
23 | 12-9 as follows:
| ||||||
24 | (305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
|
| |||||||
| |||||||
1 | Sec. 3-5. Amount of aid. The amount and nature of financial | ||||||
2 | aid granted
to or in behalf of aged, blind, or disabled persons | ||||||
3 | shall be determined
in accordance with the standards, grant | ||||||
4 | amounts, rules and regulations of
the Illinois Department. Due | ||||||
5 | regard shall be given to the requirements
and conditions | ||||||
6 | existing in each case, and to the amount of property
owned and | ||||||
7 | the income, money contributions, and other support, and
| ||||||
8 | resources received or obtainable by the person, from whatever | ||||||
9 | source.
However, the amount and nature of any financial aid is | ||||||
10 | not affected by
the payment of any grant under the " Senior | ||||||
11 | Citizens and Persons with Disabilities Disabled Persons
| ||||||
12 | Property Tax Relief Act " or any distributions
or items of | ||||||
13 | income described under subparagraph (X) of paragraph (2) of
| ||||||
14 | subsection (a) of Section 203 of the Illinois Income Tax Act. | ||||||
15 | The aid shall
be sufficient, when added to all other income, | ||||||
16 | money contributions and
support, to provide the person with a | ||||||
17 | grant in the amount established by
Department regulation for | ||||||
18 | such a person, based upon standards providing a
livelihood | ||||||
19 | compatible with health and well-being. Financial aid under this | ||||||
20 | Article granted to persons who have been found ineligible for | ||||||
21 | Supplemental Security Income (SSI) due to expiration of the | ||||||
22 | period of eligibility for refugees and asylees pursuant to 8 | ||||||
23 | U.S.C. 1612(a)(2) shall equal 90% of the current maximum SSI | ||||||
24 | payment amount per month.
| ||||||
25 | (Source: P.A. 97-689, eff. 6-14-12; 98-674, eff. 6-30-14.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
| ||||||
2 | Sec. 4-1.6. Need. Income available to the family as defined | ||||||
3 | by the
Illinois Department by rule, or to the child
in the case | ||||||
4 | of a child removed from his or her home, when added to
| ||||||
5 | contributions in money, substance or services from other | ||||||
6 | sources,
including income available from parents absent from | ||||||
7 | the home or from a
stepparent, contributions made for the | ||||||
8 | benefit of the parent or other
persons necessary to provide | ||||||
9 | care and supervision to the child, and
contributions from | ||||||
10 | legally responsible relatives, must be equal to or less than | ||||||
11 | the grant amount established by Department regulation for such
| ||||||
12 | a person. For purposes of eligibility for aid under this | ||||||
13 | Article, the Department shall (a) disregard all earned income | ||||||
14 | between the grant amount and 50% of the Federal Poverty Level | ||||||
15 | and (b) disregard the value of all assets held by the family.
| ||||||
16 | In considering income to be taken into account, | ||||||
17 | consideration shall
be given to any expenses reasonably | ||||||
18 | attributable to the earning of such
income. Three-fourths of | ||||||
19 | the earned income of a household eligible for aid under this | ||||||
20 | Article shall be disregarded when determining the level of | ||||||
21 | assistance for which a household is eligible. The first $100 of | ||||||
22 | child support collected on behalf of a family in a month for | ||||||
23 | one child and the first $200 of child support collected on | ||||||
24 | behalf of a family in a month for 2 or more children shall be | ||||||
25 | passed through to the family and disregarded in determining the | ||||||
26 | amount of the assistance grant provided to the family under |
| |||||||
| |||||||
1 | this Article. Any amount of child support that would be | ||||||
2 | disregarded in determining the amount of the assistance grant | ||||||
3 | shall be disregarded in determining eligibility for cash | ||||||
4 | assistance provided under this Article. The Illinois | ||||||
5 | Department may also permit all or any
portion of earned or | ||||||
6 | other income to be set aside for the future
identifiable needs | ||||||
7 | of a child. The Illinois Department
may provide by rule and | ||||||
8 | regulation for the exemptions thus permitted or
required. The | ||||||
9 | eligibility of any applicant for or recipient of public
aid | ||||||
10 | under this Article is not affected by the payment of any grant | ||||||
11 | under
the " Senior Citizens and Persons with Disabilities | ||||||
12 | Property Tax Relief and Pharmaceutical Assistance Act " or any | ||||||
13 | distributions or items of income
described under subparagraph | ||||||
14 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
15 | Illinois Income Tax
Act.
| ||||||
16 | The Illinois Department may, by rule, set forth criteria | ||||||
17 | under which an
assistance unit is ineligible for cash | ||||||
18 | assistance under this Article for a
specified number of months | ||||||
19 | due to the receipt of a lump sum payment.
| ||||||
20 | (Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15; | ||||||
21 | 99-899, eff. 1-1-17 .)
| ||||||
22 | (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| ||||||
23 | Sec. 4-2. Amount of aid.
| ||||||
24 | (a) The amount and nature of financial aid shall be | ||||||
25 | determined in accordance
with the grant amounts, rules and |
| |||||||
| |||||||
1 | regulations of the Illinois Department. Due
regard shall be | ||||||
2 | given to the self-sufficiency requirements of the family and to
| ||||||
3 | the income, money contributions and other support and resources | ||||||
4 | available, from
whatever source. However, the amount and nature | ||||||
5 | of any financial aid is not
affected by the payment of any | ||||||
6 | grant under the " Senior Citizens and Persons with Disabilities | ||||||
7 | Property Tax Relief and Pharmaceutical Assistance Act " or any
| ||||||
8 | distributions or items of income described under subparagraph | ||||||
9 | (X) of paragraph
(2) of subsection (a) of Section 203 of the | ||||||
10 | Illinois Income Tax Act. The aid
shall be sufficient, when | ||||||
11 | added to all other income, money contributions and
support to | ||||||
12 | provide the family with a grant in the amount established by
| ||||||
13 | Department regulation.
| ||||||
14 | Subject to appropriation, beginning on July 1, 2008, the | ||||||
15 | Department of Human Services shall increase TANF grant amounts | ||||||
16 | in effect on June 30, 2008 by 15%. The Department is authorized | ||||||
17 | to administer this increase but may not otherwise adopt any | ||||||
18 | rule to implement this increase. | ||||||
19 | (b) The Illinois Department may conduct special projects, | ||||||
20 | which may be
known as Grant Diversion Projects, under which | ||||||
21 | recipients of financial aid
under this Article are placed in | ||||||
22 | jobs and their grants are diverted to the
employer who in turn | ||||||
23 | makes payments to the recipients in the form of salary
or other | ||||||
24 | employment benefits. The Illinois Department shall by rule | ||||||
25 | specify
the terms and conditions of such Grant Diversion | ||||||
26 | Projects. Such projects
shall take into consideration and be |
| |||||||
| |||||||
1 | coordinated with the programs
administered under the Illinois | ||||||
2 | Emergency Employment Development Act.
| ||||||
3 | (c) The amount and nature of the financial aid for a child | ||||||
4 | requiring
care outside his own home shall be determined in | ||||||
5 | accordance with the rules
and regulations of the Illinois | ||||||
6 | Department, with due regard to the needs
and requirements of | ||||||
7 | the child in the foster home or institution in which
he has | ||||||
8 | been placed.
| ||||||
9 | (d) If the Department establishes grants for family units | ||||||
10 | consisting
exclusively of a pregnant woman with no dependent | ||||||
11 | child or including her
husband if living with her, the grant | ||||||
12 | amount for such a unit
shall be equal to the grant amount for | ||||||
13 | an assistance unit consisting of one
adult, or 2 persons if the | ||||||
14 | husband is included. Other than as herein
described, an unborn | ||||||
15 | child shall not be counted
in determining the size of an | ||||||
16 | assistance unit or for calculating grants.
| ||||||
17 | Payments for basic maintenance requirements of a child or | ||||||
18 | children
and the relative with whom the child or children are | ||||||
19 | living shall be
prescribed, by rule, by the Illinois | ||||||
20 | Department.
| ||||||
21 | Grants under this Article shall not be supplemented by | ||||||
22 | General
Assistance provided under Article VI.
| ||||||
23 | (e) Grants shall be paid to the parent or other person with | ||||||
24 | whom the
child or children are living, except for such amount | ||||||
25 | as is paid in
behalf of the child or his parent or other | ||||||
26 | relative to other persons or
agencies pursuant to this Code or |
| |||||||
| |||||||
1 | the rules and regulations of the
Illinois Department.
| ||||||
2 | (f) Subject to subsection (f-5), an assistance unit, | ||||||
3 | receiving
financial
aid under this Article or
temporarily | ||||||
4 | ineligible to receive aid under this Article under a penalty
| ||||||
5 | imposed by the Illinois Department for failure to comply with | ||||||
6 | the eligibility
requirements or that voluntarily requests | ||||||
7 | termination of financial assistance
under this Article and | ||||||
8 | becomes subsequently eligible for assistance within 9
months, | ||||||
9 | shall not receive any increase in the amount of aid solely on | ||||||
10 | account
of the birth of a child; except that an increase is not | ||||||
11 | prohibited when the
birth is (i) of a child of a pregnant woman
| ||||||
12 | who became eligible for aid under this Article during the | ||||||
13 | pregnancy,
or (ii) of a child born within 10 months after the | ||||||
14 | date of implementation of
this subsection, or (iii) of a child | ||||||
15 | conceived after a family became
ineligible for assistance due | ||||||
16 | to income or marriage and at least 3 months of
ineligibility | ||||||
17 | expired before any reapplication for assistance. This | ||||||
18 | subsection
does not, however, prevent a unit from receiving a | ||||||
19 | general increase in the
amount of aid that is provided to all | ||||||
20 | recipients of aid under this Article.
| ||||||
21 | The Illinois Department is authorized to transfer funds, | ||||||
22 | and shall use any
budgetary savings attributable to not | ||||||
23 | increasing the grants due to the births
of additional children, | ||||||
24 | to supplement existing funding for employment and
training | ||||||
25 | services for recipients of aid under this Article IV. The | ||||||
26 | Illinois
Department shall target, to the extent the |
| |||||||
| |||||||
1 | supplemental funding allows,
employment and training services | ||||||
2 | to the families who do not receive a grant
increase after the | ||||||
3 | birth of a child. In addition, the Illinois Department
shall | ||||||
4 | provide, to the extent the supplemental funding allows, such | ||||||
5 | families
with up to 24 months of transitional child care | ||||||
6 | pursuant to Illinois Department
rules. All remaining | ||||||
7 | supplemental funds shall be used for employment and
training | ||||||
8 | services or transitional child care support.
| ||||||
9 | In making the transfers authorized by this subsection, the | ||||||
10 | Illinois
Department shall first determine, pursuant to | ||||||
11 | regulations adopted by the
Illinois Department for this | ||||||
12 | purpose, the amount of savings attributable to
not increasing | ||||||
13 | the grants due to the births of additional children. Transfers
| ||||||
14 | may be made from General Revenue Fund appropriations for | ||||||
15 | distributive purposes
authorized by Article IV of this Code | ||||||
16 | only to General Revenue Fund
appropriations for employability | ||||||
17 | development services including operating
and administrative | ||||||
18 | costs and related distributive purposes under Article
IXA of | ||||||
19 | this Code. The Director, with the approval of the Governor, | ||||||
20 | shall
certify the amount and affected line item appropriations | ||||||
21 | to the State
Comptroller.
| ||||||
22 | Nothing in this subsection shall be construed to prohibit | ||||||
23 | the Illinois
Department from using funds under this Article IV | ||||||
24 | to provide
assistance in the form of vouchers
that may be used | ||||||
25 | to pay for goods and services deemed by the Illinois
| ||||||
26 | Department, by rule, as suitable for the care of the child such |
| |||||||
| |||||||
1 | as diapers,
clothing, school supplies, and cribs.
| ||||||
2 | (f-5) Subsection (f) shall not apply to affect the monthly | ||||||
3 | assistance
amount of
any family as a result of the birth of a | ||||||
4 | child on or after January 1, 2004.
As resources permit after | ||||||
5 | January 1, 2004, the Department may
cease applying subsection | ||||||
6 | (f) to limit assistance to families receiving
assistance under | ||||||
7 | this Article on January 1, 2004, with respect to children
born | ||||||
8 | prior to that date. In any event, subsection (f) shall be | ||||||
9 | completely
inoperative on and after July 1, 2007.
| ||||||
10 | (g) (Blank).
| ||||||
11 | (h) Notwithstanding any other provision of this Code, the | ||||||
12 | Illinois
Department is authorized to reduce payment levels used | ||||||
13 | to determine cash grants
under this Article after December 31 | ||||||
14 | of any fiscal year if the Illinois
Department determines that | ||||||
15 | the caseload upon which the appropriations for the
current | ||||||
16 | fiscal year are based have increased by more than 5% and the
| ||||||
17 | appropriation is not sufficient to ensure that
cash benefits | ||||||
18 | under this Article do not exceed the amounts appropriated for
| ||||||
19 | those cash benefits. Reductions in payment levels may be | ||||||
20 | accomplished by
emergency rule under Section 5-45 of the | ||||||
21 | Illinois Administrative Procedure Act,
except that the | ||||||
22 | limitation on the number of emergency rules that may be adopted
| ||||||
23 | in a 24-month period shall not apply and the provisions of | ||||||
24 | Sections 5-115 and
5-125 of the Illinois Administrative | ||||||
25 | Procedure Act shall not apply.
Increases in payment levels | ||||||
26 | shall be accomplished only in accordance with
Section 5-40 of |
| |||||||
| |||||||
1 | the Illinois Administrative Procedure Act. Before any rule
to | ||||||
2 | increase payment levels
promulgated under this Section shall | ||||||
3 | become effective, a joint resolution
approving the rule must be | ||||||
4 | adopted by a roll call vote by a majority of the
members | ||||||
5 | elected to each chamber of the General Assembly.
| ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
7 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
8 | Sec. 5-2. Classes of Persons Eligible. | ||||||
9 | Medical assistance under this
Article shall be available to | ||||||
10 | any of the following classes of persons in
respect to whom a | ||||||
11 | plan for coverage has been submitted to the Governor
by the | ||||||
12 | Illinois Department and approved by him. If changes made in | ||||||
13 | this Section 5-2 require federal approval, they shall not take | ||||||
14 | effect until such approval has been received:
| ||||||
15 | 1. Recipients of basic maintenance grants under | ||||||
16 | Articles III and IV.
| ||||||
17 | 2. Beginning January 1, 2014, persons otherwise | ||||||
18 | eligible for basic maintenance under Article
III, | ||||||
19 | excluding any eligibility requirements that are | ||||||
20 | inconsistent with any federal law or federal regulation, as | ||||||
21 | interpreted by the U.S. Department of Health and Human | ||||||
22 | Services, but who fail to qualify thereunder on the basis | ||||||
23 | of need, and
who have insufficient income and resources to | ||||||
24 | meet the costs of
necessary medical care, including but not | ||||||
25 | limited to the following:
|
| |||||||
| |||||||
1 | (a) All persons otherwise eligible for basic | ||||||
2 | maintenance under Article
III but who fail to qualify | ||||||
3 | under that Article on the basis of need and who
meet | ||||||
4 | either of the following requirements:
| ||||||
5 | (i) their income, as determined by the | ||||||
6 | Illinois Department in
accordance with any federal | ||||||
7 | requirements, is equal to or less than 100% of the | ||||||
8 | federal poverty level; or
| ||||||
9 | (ii) their income, after the deduction of | ||||||
10 | costs incurred for medical
care and for other types | ||||||
11 | of remedial care, is equal to or less than 100% of | ||||||
12 | the federal poverty level.
| ||||||
13 | (b) (Blank).
| ||||||
14 | 3. (Blank).
| ||||||
15 | 4. Persons not eligible under any of the preceding | ||||||
16 | paragraphs who fall
sick, are injured, or die, not having | ||||||
17 | sufficient money, property or other
resources to meet the | ||||||
18 | costs of necessary medical care or funeral and burial
| ||||||
19 | expenses.
| ||||||
20 | 5.(a) Women during pregnancy and during the
60-day | ||||||
21 | period beginning on the last day of the pregnancy, together | ||||||
22 | with
their infants,
whose income is at or below 200% of the | ||||||
23 | federal poverty level. Until September 30, 2019, or sooner | ||||||
24 | if the maintenance of effort requirements under the Patient | ||||||
25 | Protection and Affordable Care Act are eliminated or may be | ||||||
26 | waived before then, women during pregnancy and during the |
| |||||||
| |||||||
1 | 60-day period beginning on the last day of the pregnancy, | ||||||
2 | whose countable monthly income, after the deduction of | ||||||
3 | costs incurred for medical care and for other types of | ||||||
4 | remedial care as specified in administrative rule, is equal | ||||||
5 | to or less than the Medical Assistance-No Grant(C) | ||||||
6 | (MANG(C)) Income Standard in effect on April 1, 2013 as set | ||||||
7 | forth in administrative rule.
| ||||||
8 | (b) The plan for coverage shall provide ambulatory | ||||||
9 | prenatal care to pregnant women during a
presumptive | ||||||
10 | eligibility period and establish an income eligibility | ||||||
11 | standard
that is equal to 200% of the federal poverty | ||||||
12 | level, provided that costs incurred
for medical care are | ||||||
13 | not taken into account in determining such income
| ||||||
14 | eligibility.
| ||||||
15 | (c) The Illinois Department may conduct a | ||||||
16 | demonstration in at least one
county that will provide | ||||||
17 | medical assistance to pregnant women, together
with their | ||||||
18 | infants and children up to one year of age,
where the | ||||||
19 | income
eligibility standard is set up to 185% of the | ||||||
20 | nonfarm income official
poverty line, as defined by the | ||||||
21 | federal Office of Management and Budget.
The Illinois | ||||||
22 | Department shall seek and obtain necessary authorization
| ||||||
23 | provided under federal law to implement such a | ||||||
24 | demonstration. Such
demonstration may establish resource | ||||||
25 | standards that are not more
restrictive than those | ||||||
26 | established under Article IV of this Code.
|
| |||||||
| |||||||
1 | 6. (a) Children younger than age 19 when countable | ||||||
2 | income is at or below 133% of the federal poverty level. | ||||||
3 | Until September 30, 2019, or sooner if the maintenance of | ||||||
4 | effort requirements under the Patient Protection and | ||||||
5 | Affordable Care Act are eliminated or may be waived before | ||||||
6 | then, children younger than age 19 whose countable monthly | ||||||
7 | income, after the deduction of costs incurred for medical | ||||||
8 | care and for other types of remedial care as specified in | ||||||
9 | administrative rule, is equal to or less than the Medical | ||||||
10 | Assistance-No Grant(C) (MANG(C)) Income Standard in effect | ||||||
11 | on April 1, 2013 as set forth in administrative rule. | ||||||
12 | (b) Children and youth who are under temporary custody | ||||||
13 | or guardianship of the Department of Children and Family | ||||||
14 | Services or who receive financial assistance in support of | ||||||
15 | an adoption or guardianship placement from the Department | ||||||
16 | of Children and Family Services.
| ||||||
17 | 7. (Blank).
| ||||||
18 | 8. As required under federal law, persons who are | ||||||
19 | eligible for Transitional Medical Assistance as a result of | ||||||
20 | an increase in earnings or child or spousal support | ||||||
21 | received. The plan for coverage for this class of persons | ||||||
22 | shall:
| ||||||
23 | (a) extend the medical assistance coverage to the | ||||||
24 | extent required by federal law; and
| ||||||
25 | (b) offer persons who have initially received 6 | ||||||
26 | months of the
coverage provided in paragraph (a) above, |
| |||||||
| |||||||
1 | the option of receiving an
additional 6 months of | ||||||
2 | coverage, subject to the following:
| ||||||
3 | (i) such coverage shall be pursuant to | ||||||
4 | provisions of the federal
Social Security Act;
| ||||||
5 | (ii) such coverage shall include all services | ||||||
6 | covered under Illinois' State Medicaid Plan;
| ||||||
7 | (iii) no premium shall be charged for such | ||||||
8 | coverage; and
| ||||||
9 | (iv) such coverage shall be suspended in the | ||||||
10 | event of a person's
failure without good cause to | ||||||
11 | file in a timely fashion reports required for
this | ||||||
12 | coverage under the Social Security Act and | ||||||
13 | coverage shall be reinstated
upon the filing of | ||||||
14 | such reports if the person remains otherwise | ||||||
15 | eligible.
| ||||||
16 | 9. Persons with acquired immunodeficiency syndrome | ||||||
17 | (AIDS) or with
AIDS-related conditions with respect to whom | ||||||
18 | there has been a determination
that but for home or | ||||||
19 | community-based services such individuals would
require | ||||||
20 | the level of care provided in an inpatient hospital, | ||||||
21 | skilled
nursing facility or intermediate care facility the | ||||||
22 | cost of which is
reimbursed under this Article. Assistance | ||||||
23 | shall be provided to such
persons to the maximum extent | ||||||
24 | permitted under Title
XIX of the Federal Social Security | ||||||
25 | Act.
| ||||||
26 | 10. Participants in the long-term care insurance |
| |||||||
| |||||||
1 | partnership program
established under the Illinois | ||||||
2 | Long-Term Care Partnership Program Act who meet the
| ||||||
3 | qualifications for protection of resources described in | ||||||
4 | Section 15 of that
Act.
| ||||||
5 | 11. Persons with disabilities who are employed and | ||||||
6 | eligible for Medicaid,
pursuant to Section | ||||||
7 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
8 | subject to federal approval, persons with a medically | ||||||
9 | improved disability who are employed and eligible for | ||||||
10 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
11 | the Social Security Act, as
provided by the Illinois | ||||||
12 | Department by rule. In establishing eligibility standards | ||||||
13 | under this paragraph 11, the Department shall, subject to | ||||||
14 | federal approval: | ||||||
15 | (a) set the income eligibility standard at not | ||||||
16 | lower than 350% of the federal poverty level; | ||||||
17 | (b) exempt retirement accounts that the person | ||||||
18 | cannot access without penalty before the age
of 59 1/2, | ||||||
19 | and medical savings accounts established pursuant to | ||||||
20 | 26 U.S.C. 220; | ||||||
21 | (c) allow non-exempt assets up to $25,000 as to | ||||||
22 | those assets accumulated during periods of eligibility | ||||||
23 | under this paragraph 11; and
| ||||||
24 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
25 | determining the eligibility of the person under this | ||||||
26 | Article even if the person loses eligibility under this |
| |||||||
| |||||||
1 | paragraph 11.
| ||||||
2 | 12. Subject to federal approval, persons who are | ||||||
3 | eligible for medical
assistance coverage under applicable | ||||||
4 | provisions of the federal Social Security
Act and the | ||||||
5 | federal Breast and Cervical Cancer Prevention and | ||||||
6 | Treatment Act of
2000. Those eligible persons are defined | ||||||
7 | to include, but not be limited to,
the following persons:
| ||||||
8 | (1) persons who have been screened for breast or | ||||||
9 | cervical cancer under
the U.S. Centers for Disease | ||||||
10 | Control and Prevention Breast and Cervical Cancer
| ||||||
11 | Program established under Title XV of the federal | ||||||
12 | Public Health Services Act in
accordance with the | ||||||
13 | requirements of Section 1504 of that Act as | ||||||
14 | administered by
the Illinois Department of Public | ||||||
15 | Health; and
| ||||||
16 | (2) persons whose screenings under the above | ||||||
17 | program were funded in whole
or in part by funds | ||||||
18 | appropriated to the Illinois Department of Public | ||||||
19 | Health
for breast or cervical cancer screening.
| ||||||
20 | "Medical assistance" under this paragraph 12 shall be | ||||||
21 | identical to the benefits
provided under the State's | ||||||
22 | approved plan under Title XIX of the Social Security
Act. | ||||||
23 | The Department must request federal approval of the | ||||||
24 | coverage under this
paragraph 12 within 30 days after the | ||||||
25 | effective date of this amendatory Act of
the 92nd General | ||||||
26 | Assembly.
|
| |||||||
| |||||||
1 | In addition to the persons who are eligible for medical | ||||||
2 | assistance pursuant to subparagraphs (1) and (2) of this | ||||||
3 | paragraph 12, and to be paid from funds appropriated to the | ||||||
4 | Department for its medical programs, any uninsured person | ||||||
5 | as defined by the Department in rules residing in Illinois | ||||||
6 | who is younger than 65 years of age, who has been screened | ||||||
7 | for breast and cervical cancer in accordance with standards | ||||||
8 | and procedures adopted by the Department of Public Health | ||||||
9 | for screening, and who is referred to the Department by the | ||||||
10 | Department of Public Health as being in need of treatment | ||||||
11 | for breast or cervical cancer is eligible for medical | ||||||
12 | assistance benefits that are consistent with the benefits | ||||||
13 | provided to those persons described in subparagraphs (1) | ||||||
14 | and (2). Medical assistance coverage for the persons who | ||||||
15 | are eligible under the preceding sentence is not dependent | ||||||
16 | on federal approval, but federal moneys may be used to pay | ||||||
17 | for services provided under that coverage upon federal | ||||||
18 | approval. | ||||||
19 | 13. Subject to appropriation and to federal approval, | ||||||
20 | persons living with HIV/AIDS who are not otherwise eligible | ||||||
21 | under this Article and who qualify for services covered | ||||||
22 | under Section 5-5.04 as provided by the Illinois Department | ||||||
23 | by rule.
| ||||||
24 | 14. Subject to the availability of funds for this | ||||||
25 | purpose, the Department may provide coverage under this | ||||||
26 | Article to persons who reside in Illinois who are not |
| |||||||
| |||||||
1 | eligible under any of the preceding paragraphs and who meet | ||||||
2 | the income guidelines of paragraph 2(a) of this Section and | ||||||
3 | (i) have an application for asylum pending before the | ||||||
4 | federal Department of Homeland Security or on appeal before | ||||||
5 | a court of competent jurisdiction and are represented | ||||||
6 | either by counsel or by an advocate accredited by the | ||||||
7 | federal Department of Homeland Security and employed by a | ||||||
8 | not-for-profit organization in regard to that application | ||||||
9 | or appeal, or (ii) are receiving services through a | ||||||
10 | federally funded torture treatment center. Medical | ||||||
11 | coverage under this paragraph 14 may be provided for up to | ||||||
12 | 24 continuous months from the initial eligibility date so | ||||||
13 | long as an individual continues to satisfy the criteria of | ||||||
14 | this paragraph 14. If an individual has an appeal pending | ||||||
15 | regarding an application for asylum before the Department | ||||||
16 | of Homeland Security, eligibility under this paragraph 14 | ||||||
17 | may be extended until a final decision is rendered on the | ||||||
18 | appeal. The Department may adopt rules governing the | ||||||
19 | implementation of this paragraph 14.
| ||||||
20 | 15. Family Care Eligibility. | ||||||
21 | (a) On and after July 1, 2012, a parent or other | ||||||
22 | caretaker relative who is 19 years of age or older when | ||||||
23 | countable income is at or below 133% of the federal | ||||||
24 | poverty level. A person may not spend down to become | ||||||
25 | eligible under this paragraph 15. | ||||||
26 | (b) Eligibility shall be reviewed annually. |
| |||||||
| |||||||
1 | (c) (Blank). | ||||||
2 | (d) (Blank). | ||||||
3 | (e) (Blank). | ||||||
4 | (f) (Blank). | ||||||
5 | (g) (Blank). | ||||||
6 | (h) (Blank). | ||||||
7 | (i) Following termination of an individual's | ||||||
8 | coverage under this paragraph 15, the individual must | ||||||
9 | be determined eligible before the person can be | ||||||
10 | re-enrolled. | ||||||
11 | 16. Subject to appropriation, uninsured persons who | ||||||
12 | are not otherwise eligible under this Section who have been | ||||||
13 | certified and referred by the Department of Public Health | ||||||
14 | as having been screened and found to need diagnostic | ||||||
15 | evaluation or treatment, or both diagnostic evaluation and | ||||||
16 | treatment, for prostate or testicular cancer. For the | ||||||
17 | purposes of this paragraph 16, uninsured persons are those | ||||||
18 | who do not have creditable coverage, as defined under the | ||||||
19 | Health Insurance Portability and Accountability Act, or | ||||||
20 | have otherwise exhausted any insurance benefits they may | ||||||
21 | have had, for prostate or testicular cancer diagnostic | ||||||
22 | evaluation or treatment, or both diagnostic evaluation and | ||||||
23 | treatment.
To be eligible, a person must furnish a Social | ||||||
24 | Security number.
A person's assets are exempt from | ||||||
25 | consideration in determining eligibility under this | ||||||
26 | paragraph 16.
Such persons shall be eligible for medical |
| |||||||
| |||||||
1 | assistance under this paragraph 16 for so long as they need | ||||||
2 | treatment for the cancer. A person shall be considered to | ||||||
3 | need treatment if, in the opinion of the person's treating | ||||||
4 | physician, the person requires therapy directed toward | ||||||
5 | cure or palliation of prostate or testicular cancer, | ||||||
6 | including recurrent metastatic cancer that is a known or | ||||||
7 | presumed complication of prostate or testicular cancer and | ||||||
8 | complications resulting from the treatment modalities | ||||||
9 | themselves. Persons who require only routine monitoring | ||||||
10 | services are not considered to need treatment.
"Medical | ||||||
11 | assistance" under this paragraph 16 shall be identical to | ||||||
12 | the benefits provided under the State's approved plan under | ||||||
13 | Title XIX of the Social Security Act.
Notwithstanding any | ||||||
14 | other provision of law, the Department (i) does not have a | ||||||
15 | claim against the estate of a deceased recipient of | ||||||
16 | services under this paragraph 16 and (ii) does not have a | ||||||
17 | lien against any homestead property or other legal or | ||||||
18 | equitable real property interest owned by a recipient of | ||||||
19 | services under this paragraph 16. | ||||||
20 | 17. Persons who, pursuant to a waiver approved by the | ||||||
21 | Secretary of the U.S. Department of Health and Human | ||||||
22 | Services, are eligible for medical assistance under Title | ||||||
23 | XIX or XXI of the federal Social Security Act. | ||||||
24 | Notwithstanding any other provision of this Code and | ||||||
25 | consistent with the terms of the approved waiver, the | ||||||
26 | Illinois Department, may by rule: |
| |||||||
| |||||||
1 | (a) Limit the geographic areas in which the waiver | ||||||
2 | program operates. | ||||||
3 | (b) Determine the scope, quantity, duration, and | ||||||
4 | quality, and the rate and method of reimbursement, of | ||||||
5 | the medical services to be provided, which may differ | ||||||
6 | from those for other classes of persons eligible for | ||||||
7 | assistance under this Article. | ||||||
8 | (c) Restrict the persons' freedom in choice of | ||||||
9 | providers. | ||||||
10 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
11 | older, but younger than 65, who are not otherwise eligible | ||||||
12 | for medical assistance under this Section 5-2, who qualify | ||||||
13 | for medical assistance pursuant to 42 U.S.C. | ||||||
14 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
15 | regulations, and who have income at or below 133% of the | ||||||
16 | federal poverty level plus 5% for the applicable family | ||||||
17 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
18 | applicable federal regulations. Persons eligible for | ||||||
19 | medical assistance under this paragraph 18 shall receive | ||||||
20 | coverage for the Health Benefits Service Package as that | ||||||
21 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
22 | Code. If Illinois' federal medical assistance percentage | ||||||
23 | (FMAP) is reduced below 90% for persons eligible for | ||||||
24 | medical
assistance under this paragraph 18, eligibility | ||||||
25 | under this paragraph 18 shall cease no later than the end | ||||||
26 | of the third month following the month in which the |
| |||||||
| |||||||
1 | reduction in FMAP takes effect. | ||||||
2 | 19. Beginning January 1, 2014, as required under 42 | ||||||
3 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 | ||||||
4 | and younger than age 26 who are not otherwise eligible for | ||||||
5 | medical assistance under paragraphs (1) through (17) of | ||||||
6 | this Section who (i) were in foster care under the | ||||||
7 | responsibility of the State on the date of attaining age 18 | ||||||
8 | or on the date of attaining age 21 when a court has | ||||||
9 | continued wardship for good cause as provided in Section | ||||||
10 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
11 | medical assistance under the Illinois Title XIX State Plan | ||||||
12 | or waiver of such plan while in foster care. | ||||||
13 | 20. Beginning January 1, 2018, persons who are | ||||||
14 | foreign-born victims of human trafficking, torture, or | ||||||
15 | other serious crimes as defined in Section 2-19 of this | ||||||
16 | Code and their derivative family members if such persons: | ||||||
17 | (i) reside in Illinois; (ii) are not eligible under any of | ||||||
18 | the preceding paragraphs; (iii) meet the income guidelines | ||||||
19 | of subparagraph (a) of paragraph 2; and (iv) meet the | ||||||
20 | nonfinancial eligibility requirements of Sections 16-2, | ||||||
21 | 16-3, and 16-5 of this Code. The Department may extend | ||||||
22 | medical assistance for persons who are foreign-born | ||||||
23 | victims of human trafficking, torture, or other serious | ||||||
24 | crimes whose medical assistance would be terminated | ||||||
25 | pursuant to subsection (b) of Section 16-5 if the | ||||||
26 | Department determines that the person, during the year of |
| |||||||
| |||||||
1 | initial eligibility (1) experienced a health crisis, (2) | ||||||
2 | has been unable, after reasonable attempts, to obtain | ||||||
3 | necessary information from a third party, or (3) has other | ||||||
4 | extenuating circumstances that prevented the person from | ||||||
5 | completing his or her application for status. The | ||||||
6 | Department may adopt any rules necessary to implement the | ||||||
7 | provisions of this paragraph. | ||||||
8 | In implementing the provisions of Public Act 96-20, the | ||||||
9 | Department is authorized to adopt only those rules necessary, | ||||||
10 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
11 | the Department to adopt rules or issue a decision that expands | ||||||
12 | eligibility for the FamilyCare Program to a person whose income | ||||||
13 | exceeds 185% of the Federal Poverty Level as determined from | ||||||
14 | time to time by the U.S. Department of Health and Human | ||||||
15 | Services, unless the Department is provided with express | ||||||
16 | statutory authority.
| ||||||
17 | The eligibility of any such person for medical assistance | ||||||
18 | under this
Article is not affected by the payment of any grant | ||||||
19 | under the Senior
Citizens and Persons with Disabilities | ||||||
20 | Property Tax Relief and Pharmaceutical Assistance Act or any | ||||||
21 | distributions or items of income described under
subparagraph | ||||||
22 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
23 | Illinois Income Tax
Act. | ||||||
24 | The Department shall by rule establish the amounts of
| ||||||
25 | assets to be disregarded in determining eligibility for medical | ||||||
26 | assistance,
which shall at a minimum equal the amounts to be |
| |||||||
| |||||||
1 | disregarded under the
Federal Supplemental Security Income | ||||||
2 | Program. The amount of assets of a
single person to be | ||||||
3 | disregarded
shall not be less than $2,000, and the amount of | ||||||
4 | assets of a married couple
to be disregarded shall not be less | ||||||
5 | than $3,000.
| ||||||
6 | To the extent permitted under federal law, any person found | ||||||
7 | guilty of a
second violation of Article VIIIA
shall be | ||||||
8 | ineligible for medical assistance under this Article, as | ||||||
9 | provided
in Section 8A-8.
| ||||||
10 | The eligibility of any person for medical assistance under | ||||||
11 | this Article
shall not be affected by the receipt by the person | ||||||
12 | of donations or benefits
from fundraisers held for the person | ||||||
13 | in cases of serious illness,
as long as neither the person nor | ||||||
14 | members of the person's family
have actual control over the | ||||||
15 | donations or benefits or the disbursement
of the donations or | ||||||
16 | benefits.
| ||||||
17 | Notwithstanding any other provision of this Code, if the | ||||||
18 | United States Supreme Court holds Title II, Subtitle A, Section | ||||||
19 | 2001(a) of Public Law 111-148 to be unconstitutional, or if a | ||||||
20 | holding of Public Law 111-148 makes Medicaid eligibility | ||||||
21 | allowed under Section 2001(a) inoperable, the State or a unit | ||||||
22 | of local government shall be prohibited from enrolling | ||||||
23 | individuals in the Medical Assistance Program as the result of | ||||||
24 | federal approval of a State Medicaid waiver on or after the | ||||||
25 | effective date of this amendatory Act of the 97th General | ||||||
26 | Assembly, and any individuals enrolled in the Medical |
| |||||||
| |||||||
1 | Assistance Program pursuant to eligibility permitted as a | ||||||
2 | result of such a State Medicaid waiver shall become immediately | ||||||
3 | ineligible. | ||||||
4 | Notwithstanding any other provision of this Code, if an Act | ||||||
5 | of Congress that becomes a Public Law eliminates Section | ||||||
6 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
7 | government shall be prohibited from enrolling individuals in | ||||||
8 | the Medical Assistance Program as the result of federal | ||||||
9 | approval of a State Medicaid waiver on or after the effective | ||||||
10 | date of this amendatory Act of the 97th General Assembly, and | ||||||
11 | any individuals enrolled in the Medical Assistance Program | ||||||
12 | pursuant to eligibility permitted as a result of such a State | ||||||
13 | Medicaid waiver shall become immediately ineligible. | ||||||
14 | Effective October 1, 2013, the determination of | ||||||
15 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
16 | 15, 17, and 18 of this Section shall comply with the | ||||||
17 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
18 | regulations. | ||||||
19 | The Department of Healthcare and Family Services, the | ||||||
20 | Department of Human Services, and the Illinois health insurance | ||||||
21 | marketplace shall work cooperatively to assist persons who | ||||||
22 | would otherwise lose health benefits as a result of changes | ||||||
23 | made under this amendatory Act of the 98th General Assembly to | ||||||
24 | transition to other health insurance coverage. | ||||||
25 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
26 | 99-143, eff. 7-27-15; 99-870, eff. 8-22-16.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| ||||||
2 | Sec. 5-4. Amount and nature of medical assistance. | ||||||
3 | (a) The amount and nature of
medical assistance shall be | ||||||
4 | determined in accordance
with the standards, rules, and | ||||||
5 | regulations of the Department of Healthcare and Family | ||||||
6 | Services, with due regard to the requirements and conditions in | ||||||
7 | each case,
including contributions available from legally | ||||||
8 | responsible
relatives. However, the amount and nature of such | ||||||
9 | medical assistance shall
not be affected by the payment of any | ||||||
10 | grant under the Senior Citizens and
Persons with Disabilities | ||||||
11 | Property Tax Relief and Pharmaceutical Assistance Act or any
| ||||||
12 | distributions or items of income described under subparagraph | ||||||
13 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
14 | Illinois Income Tax
Act.
The amount and nature of medical | ||||||
15 | assistance shall not be affected by the
receipt of donations or | ||||||
16 | benefits from fundraisers in cases of serious
illness, as long | ||||||
17 | as neither the person nor members of the person's family
have | ||||||
18 | actual control over the donations or benefits or the | ||||||
19 | disbursement of
the donations or benefits.
| ||||||
20 | In determining the income and resources available to the | ||||||
21 | institutionalized
spouse and to the community spouse, the | ||||||
22 | Department of Healthcare and Family Services
shall follow the | ||||||
23 | procedures established by federal law. If an institutionalized | ||||||
24 | spouse or community spouse refuses to comply with the | ||||||
25 | requirements of Title XIX of the federal Social Security Act |
| |||||||
| |||||||
1 | and the regulations duly promulgated thereunder by failing to | ||||||
2 | provide the total value of assets, including income and | ||||||
3 | resources, to the extent either the institutionalized spouse or | ||||||
4 | community spouse has an ownership interest in them pursuant to | ||||||
5 | 42 U.S.C. 1396r-5, such refusal may result in the | ||||||
6 | institutionalized spouse being denied eligibility and | ||||||
7 | continuing to remain ineligible for the medical assistance | ||||||
8 | program based on failure to cooperate. | ||||||
9 | Subject to federal approval, the community spouse
resource | ||||||
10 | allowance shall be established and maintained at the higher of | ||||||
11 | $109,560 or the minimum level
permitted pursuant to Section | ||||||
12 | 1924(f)(2) of the Social Security Act, as now
or hereafter | ||||||
13 | amended, or an amount set after a fair hearing, whichever is
| ||||||
14 | greater. The monthly maintenance allowance for the community | ||||||
15 | spouse shall be
established and maintained at the higher of | ||||||
16 | $2,739 per month or the minimum level permitted pursuant to | ||||||
17 | Section
1924(d)(3) of the Social Security Act, as now or | ||||||
18 | hereafter amended, or an amount set after a fair hearing, | ||||||
19 | whichever is greater. Subject
to the approval of the Secretary | ||||||
20 | of the United States Department of Health and
Human Services, | ||||||
21 | the provisions of this Section shall be extended to persons who
| ||||||
22 | but for the provision of home or community-based services under | ||||||
23 | Section
4.02 of the Illinois Act on the Aging, would require | ||||||
24 | the level of care provided
in an institution, as is provided | ||||||
25 | for in federal law.
| ||||||
26 | (b) Spousal support for institutionalized spouses |
| |||||||
| |||||||
1 | receiving medical assistance. | ||||||
2 | (i) The Department may seek support for an | ||||||
3 | institutionalized spouse, who has assigned his or her right | ||||||
4 | of support from his or her spouse to the State, from the | ||||||
5 | resources and income available to the community spouse. | ||||||
6 | (ii) The Department may bring an action in the circuit | ||||||
7 | court to establish support orders or itself establish | ||||||
8 | administrative support orders by any means and procedures | ||||||
9 | authorized in this Code, as applicable, except that the | ||||||
10 | standard and regulations for determining ability to | ||||||
11 | support in Section 10-3 shall not limit the amount of | ||||||
12 | support that may be ordered. | ||||||
13 | (iii) Proceedings may be initiated to obtain support, | ||||||
14 | or for the recovery of aid granted during the period such | ||||||
15 | support was not provided, or both, for the obtainment of | ||||||
16 | support and the recovery of the aid provided. Proceedings | ||||||
17 | for the recovery of aid may be taken separately or they may | ||||||
18 | be consolidated with actions to obtain support. Such | ||||||
19 | proceedings may be brought in the name of the person or | ||||||
20 | persons requiring support or may be brought in the name of | ||||||
21 | the Department, as the case requires. | ||||||
22 | (iv) The orders for the payment of moneys for the | ||||||
23 | support of the person shall be just and equitable and may | ||||||
24 | direct payment thereof for such period or periods of time | ||||||
25 | as the circumstances require, including support for a | ||||||
26 | period before the date the order for support is entered. In |
| |||||||
| |||||||
1 | no event shall the orders reduce the community spouse | ||||||
2 | resource allowance below the level established in | ||||||
3 | subsection (a) of this Section or an amount set after a | ||||||
4 | fair hearing, whichever is greater, or reduce the monthly | ||||||
5 | maintenance allowance for the community spouse below the | ||||||
6 | level permitted pursuant to subsection (a) of this Section.
| ||||||
7 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
| ||||||
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 |
| |||||||
| |||||||
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 Persons with | ||||||
10 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
11 | Act " , any
refund
or payment of the federal Earned Income Tax | ||||||
12 | Credit, or 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. 99-143, eff. 7-27-15.)
| ||||||
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 |
| |||||||
| |||||||
1 | affected by the payment of any grant under the
Senior Citizens | ||||||
2 | and Persons with Disabilities Property Tax Relief and | ||||||
3 | Pharmaceutical Assistance Act
or any distributions or items of | ||||||
4 | income described under subparagraph (X) of
paragraph (2) of | ||||||
5 | subsection (a) of Section 203 of the Illinois Income Tax
Act. | ||||||
6 | Due regard shall be given to the
requirements and the | ||||||
7 | conditions existing in each case, and to the income,
money | ||||||
8 | contributions and other support and resources available, from
| ||||||
9 | whatever source. In local governmental units which do not | ||||||
10 | receive State
funds, the grant shall be sufficient when added | ||||||
11 | to all other income, money
contributions and support in excess | ||||||
12 | of any excluded income or resources, to
provide the person with | ||||||
13 | a grant in the amount established for such a person
by the | ||||||
14 | local governmental unit based upon standards meeting basic
| ||||||
15 | maintenance requirements. In local governmental units which
do | ||||||
16 | receive State funds, the grant shall be sufficient when added | ||||||
17 | to all
other income, money contributions and support in excess | ||||||
18 | of any excluded
income or resources, to provide the person with | ||||||
19 | a grant in the amount
established for such a person by | ||||||
20 | Department regulation based upon standards
providing a | ||||||
21 | livelihood compatible with health and well-being, as directed
| ||||||
22 | by Section 12-4.11 of this Code.
| ||||||
23 | The Illinois Department may conduct special projects, | ||||||
24 | which may be
known as Grant Diversion Projects, under which | ||||||
25 | recipients of financial aid
under this Article are placed in | ||||||
26 | jobs and their grants are diverted to the
employer who in turn |
| |||||||
| |||||||
1 | makes payments to the recipients in the form of salary
or other | ||||||
2 | employment benefits. The Illinois Department shall by rule | ||||||
3 | specify
the terms and conditions of such Grant Diversion | ||||||
4 | Projects. Such projects
shall take into consideration and be | ||||||
5 | coordinated with the programs
administered under the Illinois | ||||||
6 | Emergency Employment Development Act.
| ||||||
7 | The allowances provided under Article IX for recipients | ||||||
8 | participating in
the training and rehabilitation programs | ||||||
9 | shall be in addition to such
maximum payment.
| ||||||
10 | Payments may also be made to provide persons receiving | ||||||
11 | basic
maintenance support with necessary treatment, care and | ||||||
12 | supplies required
because of illness or disability or with | ||||||
13 | acute medical treatment, care,
and supplies.
Payments for | ||||||
14 | necessary or acute medical
care under
this paragraph may be | ||||||
15 | made to or in behalf of the person. Obligations
incurred for | ||||||
16 | such services but not paid for at the time of a recipient's
| ||||||
17 | death may be paid, subject to the rules and regulations of the | ||||||
18 | Illinois
Department, after the death of the recipient.
| ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
20 | (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
| ||||||
21 | Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | ||||||
22 | Public Aid Recoveries Trust Fund shall consist of (1)
| ||||||
23 | recoveries by the Department of Healthcare and Family Services | ||||||
24 | (formerly Illinois Department of Public Aid) authorized by this | ||||||
25 | Code
in respect to applicants or recipients under Articles III, |
| |||||||
| |||||||
1 | IV, V, and VI,
including recoveries made by the Department of | ||||||
2 | Healthcare and Family Services (formerly Illinois Department | ||||||
3 | of Public
Aid) from the estates of deceased recipients, (2) | ||||||
4 | recoveries made by the
Department of Healthcare and Family | ||||||
5 | Services (formerly Illinois Department of Public Aid) in | ||||||
6 | respect to applicants and recipients under
the Children's | ||||||
7 | Health Insurance Program Act, and the Covering ALL KIDS Health | ||||||
8 | Insurance Act , and the Senior Citizens and Persons with | ||||||
9 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
10 | Act , (2.5) recoveries made by the Department of Healthcare and | ||||||
11 | Family Services in connection with the imposition of an | ||||||
12 | administrative penalty as provided under Section 12-4.45, (3) | ||||||
13 | federal funds received on
behalf of and earned by State | ||||||
14 | universities and local governmental entities
for services | ||||||
15 | provided to
applicants or recipients covered under this Code, | ||||||
16 | the Children's Health Insurance Program Act, and the Covering | ||||||
17 | ALL KIDS Health Insurance Act , and the Senior Citizens and | ||||||
18 | Persons with Disabilities Property Tax Relief and | ||||||
19 | Pharmaceutical Assistance Act , (3.5) federal financial | ||||||
20 | participation revenue related to eligible disbursements made | ||||||
21 | by the Department of Healthcare and Family Services from | ||||||
22 | appropriations required by this Section, and (4) all other | ||||||
23 | moneys received to the Fund, including interest thereon. The | ||||||
24 | Fund shall be held
as a special fund in the State Treasury.
| ||||||
25 | Disbursements from this Fund shall be only (1) for the | ||||||
26 | reimbursement of
claims collected by the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services (formerly Illinois Department | ||||||
2 | of Public Aid) through error
or mistake, (2) for payment to | ||||||
3 | persons or agencies designated as payees or
co-payees on any | ||||||
4 | instrument, whether or not negotiable, delivered to the
| ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Illinois Department of Public Aid) as a recovery under this | ||||||
7 | Section, such
payment to be in proportion to the respective | ||||||
8 | interests of the payees in the
amount so collected, (3) for | ||||||
9 | payments to the Department of Human Services
for collections | ||||||
10 | made by the Department of Healthcare and Family Services | ||||||
11 | (formerly Illinois Department of Public Aid) on behalf of
the | ||||||
12 | Department of Human Services under this Code, the Children's | ||||||
13 | Health Insurance Program Act, and the Covering ALL KIDS Health | ||||||
14 | Insurance Act, (4) for payment of
administrative expenses | ||||||
15 | incurred in performing the
activities authorized under this | ||||||
16 | Code, the Children's Health Insurance Program Act, and the | ||||||
17 | Covering ALL KIDS Health Insurance Act , and the Senior Citizens | ||||||
18 | and Persons with Disabilities Property Tax Relief and | ||||||
19 | Pharmaceutical Assistance Act , (5)
for payment of fees to | ||||||
20 | persons or agencies in the performance of activities
pursuant | ||||||
21 | to the collection of monies owed the State that are collected
| ||||||
22 | under this Code, the Children's Health Insurance Program Act, | ||||||
23 | and the Covering ALL KIDS Health Insurance Act , and the Senior | ||||||
24 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
25 | Pharmaceutical Assistance Act , (6) for payments of any amounts | ||||||
26 | which are
reimbursable to the federal government which are |
| |||||||
| |||||||
1 | required to be paid by State
warrant by either the State or | ||||||
2 | federal government, and (7) for payments
to State universities | ||||||
3 | and local governmental entities of federal funds for
services | ||||||
4 | provided to
applicants or recipients covered under this Code, | ||||||
5 | the Children's Health Insurance Program Act, and the Covering | ||||||
6 | ALL KIDS Health Insurance Act , and the Senior Citizens and | ||||||
7 | Persons with Disabilities Property Tax Relief and | ||||||
8 | Pharmaceutical Assistance Act . Disbursements
from this Fund | ||||||
9 | for purposes of items (4) and (5) of this
paragraph shall be | ||||||
10 | subject to appropriations from the Fund to the Department of | ||||||
11 | Healthcare and Family Services (formerly Illinois
Department | ||||||
12 | of Public Aid).
| ||||||
13 | The balance in this Fund after
payment therefrom of any | ||||||
14 | amounts reimbursable to the federal government, and
minus the | ||||||
15 | amount reasonably anticipated to be needed to make the | ||||||
16 | disbursements
authorized by this Section during the current and | ||||||
17 | following 3 calendar months, shall be certified by the
Director | ||||||
18 | of Healthcare and Family Services and transferred by the
State | ||||||
19 | Comptroller to the Drug Rebate Fund or the Healthcare Provider | ||||||
20 | Relief Fund in
the State Treasury, as appropriate, on at least | ||||||
21 | an annual basis by June 30th of each fiscal year. The Director | ||||||
22 | of Healthcare and Family Services may certify and the State | ||||||
23 | Comptroller shall transfer to the Drug Rebate Fund or the | ||||||
24 | Healthcare Provider Relief Fund amounts on a more frequent | ||||||
25 | basis.
| ||||||
26 | On July 1, 1999, the State Comptroller shall transfer the |
| |||||||
| |||||||
1 | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | ||||||
2 | (formerly the Public Assistance
Recoveries Trust Fund) into the | ||||||
3 | DHS Recoveries Trust Fund.
| ||||||
4 | (Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12; | ||||||
5 | 98-130, eff. 8-2-13; 98-651, eff. 6-16-14.)
| ||||||
6 | Section 65. The Senior Citizens and Disabled Persons | ||||||
7 | Property Tax Relief Act is amended by changing the title of the | ||||||
8 | Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, 9, | ||||||
9 | 12, and 13 and by adding Section 4.2 as follows:
| ||||||
10 | (320 ILCS 25/Act title)
| ||||||
11 | An Act in relation to the payment of grants to enable the | ||||||
12 | elderly and
the disabled to acquire or retain private housing | ||||||
13 | and to acquire
prescription drugs .
| ||||||
14 | (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
| ||||||
15 | Sec. 1. Short title; common name. This Article shall be | ||||||
16 | known and may be cited as the Senior Citizens and
Persons with | ||||||
17 | Disabilities Property Tax Relief
and Pharmaceutical Assistance | ||||||
18 | Act. Common references to the "Circuit Breaker Act" mean this | ||||||
19 | Article. As used in this Article, "this Act" means this | ||||||
20 | Article.
| ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
22 | (320 ILCS 25/1.5) |
| |||||||
| |||||||
1 | Sec. 1.5. Implementation of Executive Order No. 3 of 2004 ; | ||||||
2 | termination of the Illinois Senior Citizens and Disabled | ||||||
3 | Persons Pharmaceutical Assistance Program . Executive Order No. | ||||||
4 | 3 of 2004, in part, provided for the
transfer of the programs | ||||||
5 | under this Act from the Department of
Revenue to the Department | ||||||
6 | on Aging and the Department of
Healthcare and Family Services. | ||||||
7 | It is the purpose of this
amendatory Act of the 96th General | ||||||
8 | Assembly to conform this Act
and certain related provisions of | ||||||
9 | other statutes to that
Executive Order. This amendatory Act of | ||||||
10 | the 96th General
Assembly also makes other substantive changes
| ||||||
11 | to this Act.
| ||||||
12 | It is the purpose of this amendatory Act of the 97th | ||||||
13 | General Assembly to terminate the Illinois Senior Citizens and | ||||||
14 | Disabled Persons Pharmaceutical Assistance Program on July 1, | ||||||
15 | 2012. | ||||||
16 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
17 | (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
| ||||||
18 | Sec. 2. Purpose. The purpose of this Act is to provide | ||||||
19 | incentives to senior citizens
and persons with disabilities in | ||||||
20 | this State to acquire and retain private housing of
their | ||||||
21 | choice and at the same time to relieve those citizens from the
| ||||||
22 | burdens of extraordinary property taxes and rising drug costs | ||||||
23 | against their increasingly
restricted earning power, and | ||||||
24 | thereby to reduce the requirements for public
housing in this | ||||||
25 | State.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
2 | (320 ILCS 25/3.05a) | ||||||
3 | Sec. 3.05a. Additional resident. "Additional resident"
| ||||||
4 | means a person who (i) is living in the same residence with a
| ||||||
5 | claimant for the claim year and at the time of filing the
| ||||||
6 | claim, (ii) is not the spouse of the claimant, (iii) does not
| ||||||
7 | file a separate claim under this Act for the same period, and
| ||||||
8 | (iv) receives more than half of his or her total financial
| ||||||
9 | support for that claim year from the household. An Prior to | ||||||
10 | July 1, 2012, an additional resident who meets qualifications | ||||||
11 | may receive pharmaceutical assistance based on a claimant's | ||||||
12 | application.
| ||||||
13 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
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 , in effect | ||||||
19 | prior to July 1, 2012, shall be
deemed to include, in | ||||||
20 | appropriate cases, the corresponding
rules adopted by the | ||||||
21 | Department of Revenue, to the extent that
those rules continue | ||||||
22 | in force under Executive Order No. 3 of
2004.
| ||||||
23 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
|
| |||||||
| |||||||
1 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
| ||||||
2 | Sec. 4. Amount of Grant.
| ||||||
3 | (a) In general. Any individual 65 years or older or any | ||||||
4 | individual who will
become 65 years old during the calendar | ||||||
5 | year in which a claim is filed, and any
surviving spouse of | ||||||
6 | such a claimant, who at the time of death received or was
| ||||||
7 | entitled to receive a grant pursuant to this Section, which | ||||||
8 | surviving spouse
will become 65 years of age within the 24 | ||||||
9 | months immediately following the
death of such claimant and | ||||||
10 | which surviving spouse but for his or her age is
otherwise | ||||||
11 | qualified to receive a grant pursuant to this Section, and any
| ||||||
12 | person with a disability whose annual household income is less | ||||||
13 | than the income eligibility limitation, as defined in | ||||||
14 | subsection (a-5)
and whose household is liable for payment of | ||||||
15 | property taxes accrued or has
paid rent constituting property | ||||||
16 | taxes accrued and is domiciled in this State
at the time he or | ||||||
17 | she files his or her claim is entitled to claim a
grant under | ||||||
18 | this Act.
With respect to claims filed by individuals who will | ||||||
19 | become 65 years old
during the calendar year in which a claim | ||||||
20 | is filed, the amount of any grant
to which that household is | ||||||
21 | entitled shall be an amount equal to 1/12 of the
amount to | ||||||
22 | which the claimant would otherwise be entitled as provided in
| ||||||
23 | this Section, multiplied by the number of months in which the | ||||||
24 | claimant was
65 in the calendar year in which the claim is | ||||||
25 | filed.
| ||||||
26 | (a-5) Income eligibility limitation. For purposes of this |
| |||||||
| |||||||
1 | Section, "income eligibility limitation" means an amount for | ||||||
2 | grant years 2008 and thereafter: | ||||||
3 | (1) less than $22,218 for a household containing one | ||||||
4 | person; | ||||||
5 | (2) less than $29,480 for a household containing 2 | ||||||
6 | persons; or | ||||||
7 | (3) less than $36,740 for a
household containing 3 or | ||||||
8 | more persons. | ||||||
9 | For 2009 claim year applications submitted during calendar | ||||||
10 | year 2010, a household must have annual household income of | ||||||
11 | less than $27,610 for a household containing one person; less | ||||||
12 | than $36,635 for a household containing 2 persons; or less than | ||||||
13 | $45,657 for a household containing 3 or more persons. | ||||||
14 | The Department on Aging may adopt rules such that on | ||||||
15 | January 1, 2011, and thereafter, the foregoing household income | ||||||
16 | eligibility limits may be changed to reflect the annual cost of | ||||||
17 | living adjustment in Social Security and Supplemental Security | ||||||
18 | Income benefits that are applicable to the year for which those | ||||||
19 | benefits are being reported as income on an application. | ||||||
20 | If a person files as a surviving spouse, then only his or | ||||||
21 | her income shall be counted in determining his or her household | ||||||
22 | income. | ||||||
23 | (b) Limitation. Except as otherwise provided in | ||||||
24 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
25 | grant which a claimant is
entitled to claim is the amount by | ||||||
26 | which the property taxes accrued which
were paid or payable |
| |||||||
| |||||||
1 | during the last preceding tax year or rent
constituting | ||||||
2 | property taxes accrued upon the claimant's residence for the
| ||||||
3 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
4 | household
income for that year but in no event is the grant to | ||||||
5 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
6 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
7 | household income for that year is more than
$14,000.
| ||||||
8 | (c) Public aid recipients. If household income in one or | ||||||
9 | more
months during a year includes cash assistance in excess of | ||||||
10 | $55 per month
from the Department of Healthcare and Family | ||||||
11 | Services or the Department of Human Services (acting
as | ||||||
12 | successor to the Department of Public Aid under the Department | ||||||
13 | of Human
Services Act) which was determined under regulations | ||||||
14 | of
that Department on a measure of need that included an | ||||||
15 | allowance for actual
rent or property taxes paid by the | ||||||
16 | recipient of that assistance, the amount
of grant to which that | ||||||
17 | household is entitled, except as otherwise provided in
| ||||||
18 | subsection (a), shall be the product of (1) the maximum amount | ||||||
19 | computed as
specified in subsection (b) of this Section and (2) | ||||||
20 | the ratio of the number of
months in which household income did | ||||||
21 | not include such cash assistance over $55
to the number twelve. | ||||||
22 | If household income did not include such cash assistance
over | ||||||
23 | $55 for any months during the year, the amount of the grant to | ||||||
24 | which the
household is entitled shall be the maximum amount | ||||||
25 | computed as specified in
subsection (b) of this Section. For | ||||||
26 | purposes of this paragraph (c), "cash
assistance" does not |
| |||||||
| |||||||
1 | include any amount received under the federal Supplemental
| ||||||
2 | Security Income (SSI) program.
| ||||||
3 | (d) Joint ownership. If title to the residence is held | ||||||
4 | jointly by
the claimant with a person who is not a member of | ||||||
5 | his or her household,
the amount of property taxes accrued used | ||||||
6 | in computing the amount of grant
to which he or she is entitled | ||||||
7 | shall be the same percentage of property
taxes accrued as is | ||||||
8 | the percentage of ownership held by the claimant in the
| ||||||
9 | residence.
| ||||||
10 | (e) More than one residence. If a claimant has occupied | ||||||
11 | more than
one residence in the taxable year, he or she may | ||||||
12 | claim only one residence
for any part of a month. In the case | ||||||
13 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
14 | total property taxes accrued on
his or her residence to each | ||||||
15 | month that he or she owned and occupied
that residence; and, in | ||||||
16 | the case of rent constituting property taxes accrued,
shall | ||||||
17 | prorate each month's rent payments to the residence
actually | ||||||
18 | occupied during that month.
| ||||||
19 | (f) (Blank).
| ||||||
20 | (g) Effective January 1, 2006, there is hereby established | ||||||
21 | a program of pharmaceutical assistance to the aged and to | ||||||
22 | persons with disabilities, entitled the Illinois Seniors and | ||||||
23 | Disabled Drug Coverage Program, which shall be administered by | ||||||
24 | the Department of Healthcare and Family Services and the | ||||||
25 | Department on Aging in accordance with this subsection, to | ||||||
26 | consist of coverage of specified prescription drugs on behalf |
| |||||||
| |||||||
1 | of beneficiaries of the program as set forth in this | ||||||
2 | subsection. Notwithstanding any provisions of this Act to the | ||||||
3 | contrary, on and after July 1, 2012, pharmaceutical assistance | ||||||
4 | under this Act shall no longer be provided, and on July 1, 2012 | ||||||
5 | the Illinois Senior Citizens and Disabled Persons | ||||||
6 | Pharmaceutical Assistance Program shall terminate. The | ||||||
7 | following provisions that concern the Illinois Senior Citizens | ||||||
8 | and Disabled Persons Pharmaceutical Assistance Program shall | ||||||
9 | continue to apply on and after July 1, 2012 to the extent | ||||||
10 | necessary to pursue any actions authorized by subsection (d) of | ||||||
11 | Section 9 of this Act with respect to acts which took place | ||||||
12 | prior to July 1, 2012. | ||||||
13 | To become a beneficiary under the program established under | ||||||
14 | this subsection, a person must: | ||||||
15 | (1) be (i) 65 years of age or older or (ii) a person | ||||||
16 | with a disability; and | ||||||
17 | (2) be domiciled in this State; and | ||||||
18 | (3) enroll with a qualified Medicare Part D | ||||||
19 | Prescription Drug Plan if eligible and apply for all | ||||||
20 | available subsidies under Medicare Part D; and | ||||||
21 | (4) for the 2006 and 2007 claim years, have a maximum | ||||||
22 | household income of (i) less than $21,218 for a household | ||||||
23 | containing one person, (ii) less than $28,480 for a | ||||||
24 | household containing 2 persons, or (iii) less than $35,740 | ||||||
25 | for a household containing 3 or more persons; and | ||||||
26 | (5) for the 2008 claim year, have a maximum household |
| |||||||
| |||||||
1 | income of (i) less than $22,218 for a household containing | ||||||
2 | one person, (ii) $29,480 for a household containing 2 | ||||||
3 | persons, or (iii) $36,740 for a household containing 3 or | ||||||
4 | more persons; and | ||||||
5 | (6) for 2009 claim year applications submitted during | ||||||
6 | calendar year 2010, have annual household income of less | ||||||
7 | than (i) $27,610 for a household containing one person; | ||||||
8 | (ii) less than $36,635 for a household containing 2 | ||||||
9 | persons; or (iii) less than $45,657 for a household | ||||||
10 | containing 3 or more persons; and | ||||||
11 | (7) as of September 1, 2011, have a maximum household | ||||||
12 | income at or below 200% of the federal poverty level. | ||||||
13 | All individuals enrolled as of December 31, 2005, in the | ||||||
14 | pharmaceutical assistance program operated pursuant to | ||||||
15 | subsection (f) of this Section and all individuals enrolled as | ||||||
16 | of December 31, 2005, in the SeniorCare Medicaid waiver program | ||||||
17 | operated pursuant to Section 5-5.12a of the Illinois Public Aid | ||||||
18 | Code shall be automatically enrolled in the program established | ||||||
19 | by this subsection for the first year of operation without the | ||||||
20 | need for further application, except that they must apply for | ||||||
21 | Medicare Part D and the Low Income Subsidy under Medicare Part | ||||||
22 | D. A person enrolled in the pharmaceutical assistance program | ||||||
23 | operated pursuant to subsection (f) of this Section as of | ||||||
24 | December 31, 2005, shall not lose eligibility in future years | ||||||
25 | due only to the fact that they have not reached the age of 65. | ||||||
26 | To the extent permitted by federal law, the Department may |
| |||||||
| |||||||
1 | act as an authorized representative of a beneficiary in order | ||||||
2 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
3 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
4 | where possible, to enroll beneficiaries in the low-income | ||||||
5 | subsidy program under Medicare Part D or assist them in | ||||||
6 | enrolling in that program. | ||||||
7 | Beneficiaries under the program established under this | ||||||
8 | subsection shall be divided into the following 4 eligibility | ||||||
9 | groups: | ||||||
10 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
11 | who are not eligible for Medicare Part D coverage and who
| ||||||
12 | are: | ||||||
13 | (i) a person with a disability and under age 65; or | ||||||
14 | (ii) age 65 or older, with incomes over 200% of the | ||||||
15 | Federal Poverty Level; or | ||||||
16 | (iii) age 65 or older, with incomes at or below | ||||||
17 | 200% of the Federal Poverty Level and not eligible for | ||||||
18 | federally funded means-tested benefits due to | ||||||
19 | immigration status. | ||||||
20 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
21 | who are eligible for Medicare Part D coverage. | ||||||
22 | (C) Eligibility Group 3 shall consist of beneficiaries | ||||||
23 | age 65 or older, with incomes at or below 200% of the | ||||||
24 | Federal Poverty Level, who are not barred from receiving | ||||||
25 | federally funded means-tested benefits due to immigration | ||||||
26 | status and are not eligible for Medicare Part D coverage. |
| |||||||
| |||||||
1 | If the State applies and receives federal approval for | ||||||
2 | a waiver under Title XIX of the Social Security Act, | ||||||
3 | persons in Eligibility Group 3 shall continue to receive | ||||||
4 | benefits through the approved waiver, and Eligibility | ||||||
5 | Group 3 may be expanded to include persons with | ||||||
6 | disabilities who are under age 65 with incomes under 200% | ||||||
7 | of the Federal Poverty Level who are not eligible for | ||||||
8 | Medicare and who are not barred from receiving federally | ||||||
9 | funded means-tested benefits due to immigration status. | ||||||
10 | (D) Eligibility Group 4 shall consist of beneficiaries | ||||||
11 | who are otherwise described in Eligibility Group 2 who have | ||||||
12 | a diagnosis of HIV or AIDS.
| ||||||
13 | The program established under this subsection shall cover | ||||||
14 | the cost of covered prescription drugs in excess of the | ||||||
15 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
16 | that are not covered by Medicare. The Department of Healthcare | ||||||
17 | and Family Services may establish by emergency rule changes in | ||||||
18 | cost-sharing necessary to conform the cost of the program to | ||||||
19 | the amounts appropriated for State fiscal year 2012 and future | ||||||
20 | fiscal years except that the 24-month limitation on the | ||||||
21 | adoption of emergency rules and the provisions of Sections | ||||||
22 | 5-115 and 5-125 of the Illinois Administrative Procedure Act | ||||||
23 | shall not apply to rules adopted under this subsection (g). The | ||||||
24 | adoption of emergency rules authorized by this subsection (g) | ||||||
25 | shall be deemed to be necessary for the public interest, | ||||||
26 | safety, and welfare.
|
| |||||||
| |||||||
1 | For purposes of the program established under this | ||||||
2 | subsection, the term "covered prescription drug" has the | ||||||
3 | following meanings: | ||||||
4 | For Eligibility Group 1, "covered prescription drug" | ||||||
5 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
6 | insulin or other prescription drug used in the treatment of | ||||||
7 | diabetes, including syringe and needles used to administer | ||||||
8 | the insulin; (3) any prescription drug used in the | ||||||
9 | treatment of arthritis; (4) any prescription drug used in | ||||||
10 | the treatment of cancer; (5) any prescription drug used in | ||||||
11 | the treatment of Alzheimer's disease; (6) any prescription | ||||||
12 | drug used in the treatment of Parkinson's disease; (7) any | ||||||
13 | prescription drug used in the treatment of glaucoma; (8) | ||||||
14 | any prescription drug used in the treatment of lung disease | ||||||
15 | and smoking-related illnesses; (9) any prescription drug | ||||||
16 | used in the treatment of osteoporosis; and (10) any | ||||||
17 | prescription drug used in the treatment of multiple | ||||||
18 | sclerosis. The Department may add additional therapeutic | ||||||
19 | classes by rule. The Department may adopt a preferred drug | ||||||
20 | list within any of the classes of drugs described in items | ||||||
21 | (1) through (10) of this paragraph. The specific drugs or | ||||||
22 | therapeutic classes of covered prescription drugs shall be | ||||||
23 | indicated by rule. | ||||||
24 | For Eligibility Group 2, "covered prescription drug" | ||||||
25 | means those drugs covered by the Medicare Part D | ||||||
26 | Prescription Drug Plan in which the beneficiary is |
| |||||||
| |||||||
1 | enrolled. | ||||||
2 | For Eligibility Group 3, "covered prescription drug" | ||||||
3 | means those drugs covered by the Medical Assistance Program | ||||||
4 | under Article V of the Illinois Public Aid Code. | ||||||
5 | For Eligibility Group 4, "covered prescription drug" | ||||||
6 | means those drugs covered by the Medicare Part D | ||||||
7 | Prescription Drug Plan in which the beneficiary is | ||||||
8 | enrolled. | ||||||
9 | Any person otherwise eligible for pharmaceutical | ||||||
10 | assistance under this subsection whose covered drugs are | ||||||
11 | covered by any public program is ineligible for assistance | ||||||
12 | under this subsection to the extent that the cost of those | ||||||
13 | drugs is covered by the other program. | ||||||
14 | The Department of Healthcare and Family Services shall | ||||||
15 | establish by rule the methods by which it will provide for the | ||||||
16 | coverage called for in this subsection. Those methods may | ||||||
17 | include direct reimbursement to pharmacies or the payment of a | ||||||
18 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
19 | For a pharmacy to be reimbursed under the program | ||||||
20 | established under this subsection, it must comply with rules | ||||||
21 | adopted by the Department of Healthcare and Family Services | ||||||
22 | regarding coordination of benefits with Medicare Part D | ||||||
23 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
24 | Medicare-enrolled beneficiary of the program established under | ||||||
25 | this subsection more for a covered prescription drug than the | ||||||
26 | appropriate Medicare cost-sharing less any payment from or on |
| |||||||
| |||||||
1 | behalf of the Department of Healthcare and Family Services. | ||||||
2 | The Department of Healthcare and Family Services or the | ||||||
3 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
4 | applications, counting of income, proof of Medicare status, | ||||||
5 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
6 | and any other rules necessary for the cost-efficient operation | ||||||
7 | of the program established under this subsection. | ||||||
8 | (h) A qualified individual is not entitled to duplicate
| ||||||
9 | benefits in a coverage period as a result of the changes made
| ||||||
10 | by this amendatory Act of the 96th General Assembly.
| ||||||
11 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
12 | (320 ILCS 25/4.05) | ||||||
13 | Sec. 4.05. Application. | ||||||
14 | (a) The Department on Aging shall establish the content,
| ||||||
15 | required eligibility and identification information, use of
| ||||||
16 | social security numbers, and manner of applying for benefits in | ||||||
17 | a simplified format
under this Act , including claims filed for
| ||||||
18 | new or renewed prescription drug benefits . | ||||||
19 | (b) An application may be filed on paper or over the | ||||||
20 | Internet to enable persons to apply separately
or for both a | ||||||
21 | property tax relief grant and pharmaceutical
assistance on the | ||||||
22 | same application. An application may also
enable persons to | ||||||
23 | apply for other State or federal programs
that provide medical | ||||||
24 | or pharmaceutical assistance or other
benefits, as determined | ||||||
25 | by the Department on Aging in
conjunction with the Department |
| |||||||
| |||||||
1 | of Healthcare and Family
Services . | ||||||
2 | (c) Applications must be filed during the time period
| ||||||
3 | prescribed by the Department.
| ||||||
4 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
5 | (320 ILCS 25/4.2 new) | ||||||
6 | Sec. 4.2. Information to the Department. Notwithstanding | ||||||
7 | any other law to the contrary, entities
subject to the Illinois | ||||||
8 | Insurance Code, Comprehensive Health
Insurance Plan Act, | ||||||
9 | Dental Service Plan Act, Children's
Health Insurance Program | ||||||
10 | Act, Health Care Purchasing Group
Act, Health Maintenance | ||||||
11 | Organization Act, Limited Health
Service Organization Act, | ||||||
12 | Voluntary Health Services Plans
Act, and the Workers' | ||||||
13 | Compensation Act, including, but not
limited to, insurers, | ||||||
14 | health maintenance organizations,
pharmacy benefit managers, | ||||||
15 | third party administrators,
fraternal benefit societies, | ||||||
16 | group-funded workers'
compensation pools, municipal | ||||||
17 | group-funded pools, self-funded
or self-insured welfare or | ||||||
18 | benefit plans or programs, and any
other entities that provide | ||||||
19 | health coverage through an
employer, union, trade association | ||||||
20 | or other organization or
source, or any other entities, must | ||||||
21 | provide information to
the Department, or its designee, that is | ||||||
22 | necessary to carry
out the purposes of this Act, including, but | ||||||
23 | not limited to,
the name, social security number, address, date | ||||||
24 | of birth, and
coverage of their policyholders, their | ||||||
25 | subscribers, or the
beneficiaries of their plans, benefits, or |
| |||||||
| |||||||
1 | services who
participate in the programs under this Act. The | ||||||
2 | provision of
this information to the Department or its designee | ||||||
3 | is subject
to the confidentiality provisions in Section 8a of | ||||||
4 | this Act.
| ||||||
5 | (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
| ||||||
6 | Sec. 5. Procedure.
| ||||||
7 | (a) In general. Claims must be filed after January 1, on | ||||||
8 | forms prescribed
by the Department. No claim may be filed more | ||||||
9 | than one year after December 31
of the year for which the claim | ||||||
10 | is filed. The pharmaceutical assistance identification
card | ||||||
11 | provided for in subsection (f) of Section 4 shall be valid for | ||||||
12 | a period determined by the Department of Healthcare and Family | ||||||
13 | Services.
| ||||||
14 | (b) Claim is Personal. The right to file a claim under this | ||||||
15 | Act
shall be personal to the claimant and shall not survive his | ||||||
16 | death, but
such right may be exercised on behalf of a claimant | ||||||
17 | by his legal
guardian or attorney-in-fact. If a claimant dies | ||||||
18 | after having filed a
timely claim, the amount thereof shall be | ||||||
19 | disbursed to his surviving spouse
or, if no spouse survives, to | ||||||
20 | his surviving dependent minor children in
equal parts, provided | ||||||
21 | the spouse or child, as the case may be, resided with
the | ||||||
22 | claimant at the time he filed his claim. If at the time of | ||||||
23 | disbursement
neither the claimant nor his spouse is surviving, | ||||||
24 | and no dependent minor
children of the claimant are surviving | ||||||
25 | the amount of the claim shall
escheat to the State.
|
| |||||||
| |||||||
1 | (c) One claim per household. Only one member of a household | ||||||
2 | may file
a claim under this Act in any calendar year; where | ||||||
3 | both members of a
household are otherwise entitled to claim a | ||||||
4 | grant under this Act, they
must agree as to which of them will | ||||||
5 | file a claim for that year.
| ||||||
6 | (d) (Blank).
| ||||||
7 | (e) Pharmaceutical Assistance Procedures.
The Prior to | ||||||
8 | July 1, 2012, the Department of Healthcare and Family Services | ||||||
9 | shall determine eligibility for pharmaceutical assistance | ||||||
10 | using
the applicant's current income. The Department shall | ||||||
11 | determine a person's
current income in the manner provided by | ||||||
12 | the Department by rule.
| ||||||
13 | (f) A person may not under any circumstances charge a fee | ||||||
14 | to a claimant under this Act for assistance in completing an | ||||||
15 | application form for a property tax relief grant or | ||||||
16 | pharmaceutical assistance under this Act. | ||||||
17 | (Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10; | ||||||
18 | 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
| ||||||
19 | (320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
| ||||||
20 | Sec. 6. Administration.
| ||||||
21 | (a) In general. Upon receipt of a timely filed claim, the | ||||||
22 | Department
shall determine whether the claimant is a person | ||||||
23 | entitled to a grant under
this Act and the amount of grant to | ||||||
24 | which he is entitled under this Act.
The Department may require | ||||||
25 | the claimant to furnish reasonable proof of the
statements of |
| |||||||
| |||||||
1 | domicile, household income, rent paid, property taxes accrued
| ||||||
2 | and other matters on which entitlement is based, and may | ||||||
3 | withhold payment
of a grant until such additional proof is | ||||||
4 | furnished.
| ||||||
5 | (b) Rental determination. If the Department finds that the | ||||||
6 | gross rent
used in the computation by a claimant of rent | ||||||
7 | constituting property taxes
accrued exceeds the fair rental | ||||||
8 | value for the right to occupy that
residence, the Department | ||||||
9 | may determine the fair rental value for that
residence and | ||||||
10 | recompute rent constituting property taxes accrued | ||||||
11 | accordingly.
| ||||||
12 | (c) Fraudulent claims. The Department shall deny claims | ||||||
13 | which have been
fraudulently prepared or when it finds that the | ||||||
14 | claimant has acquired title
to his residence or has paid rent | ||||||
15 | for his residence primarily for the
purpose of receiving a | ||||||
16 | grant under this Act.
| ||||||
17 | (d) Pharmaceutical Assistance.
The Department shall allow | ||||||
18 | all pharmacies licensed under the Pharmacy
Practice Act to | ||||||
19 | participate as authorized pharmacies unless they
have been | ||||||
20 | removed from that status for cause pursuant to the terms of | ||||||
21 | this
Section. The Director of the Department may enter
into a | ||||||
22 | written contract with any State agency, instrumentality or | ||||||
23 | political
subdivision, or a fiscal intermediary for the purpose | ||||||
24 | of making payments to
authorized pharmacies for covered | ||||||
25 | prescription drugs and coordinating the
program of | ||||||
26 | pharmaceutical assistance established by this Act with other
|
| |||||||
| |||||||
1 | programs that provide payment for covered prescription drugs. | ||||||
2 | Such
agreement shall establish procedures for properly | ||||||
3 | contracting for pharmacy
services, validating reimbursement | ||||||
4 | claims, validating compliance of
dispensing pharmacists with | ||||||
5 | the contracts for participation required under
this Section, | ||||||
6 | validating the reasonable costs of covered prescription
drugs, | ||||||
7 | and otherwise providing for the effective administration of | ||||||
8 | this Act. (Blank).
| ||||||
9 | The Department shall promulgate rules and regulations to | ||||||
10 | implement and
administer the program of pharmaceutical | ||||||
11 | assistance required by this Act,
which shall include the | ||||||
12 | following:
| ||||||
13 | (1) Execution of contracts with pharmacies to dispense | ||||||
14 | covered
prescription drugs. Such contracts shall stipulate | ||||||
15 | terms and conditions for
authorized pharmacies | ||||||
16 | participation and the rights of the State to
terminate such | ||||||
17 | participation for breach of such contract or for violation
| ||||||
18 | of this Act or related rules and regulations of the | ||||||
19 | Department;
| ||||||
20 | (2) Establishment of maximum limits on the size of | ||||||
21 | prescriptions,
new or refilled, which shall be in amounts | ||||||
22 | sufficient for 34 days, except as
otherwise specified by | ||||||
23 | rule for medical or utilization control reasons;
| ||||||
24 | (3) Establishment of liens upon any and all causes of | ||||||
25 | action which accrue
to
a beneficiary as a result of | ||||||
26 | injuries for which covered prescription drugs are
directly |
| |||||||
| |||||||
1 | or indirectly required and for which the Director made | ||||||
2 | payment
or became liable for under this Act;
| ||||||
3 | (4) Charge or collection of payments from third parties | ||||||
4 | or private plans
of assistance, or from other programs of | ||||||
5 | public assistance for any claim
that is properly chargeable | ||||||
6 | under the assignment of benefits executed by
beneficiaries | ||||||
7 | as a requirement of eligibility for the pharmaceutical
| ||||||
8 | assistance identification card under this Act; | ||||||
9 | (4.5) 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 | (5) Inspection of appropriate records and audit of | ||||||
15 | participating
authorized pharmacies to ensure contract | ||||||
16 | compliance, and to determine any
fraudulent transactions | ||||||
17 | or practices under this Act;
| ||||||
18 | (6) Payment to pharmacies under this Act in accordance | ||||||
19 | with the State
Prompt Payment Act.
| ||||||
20 | The Department shall annually report to the Governor and | ||||||
21 | the General
Assembly by March 1st of each year on the | ||||||
22 | administration of pharmaceutical
assistance under this Act. | ||||||
23 | (Source: P.A. 96-328, eff. 8-11-09; 97-333, eff. 8-12-11; | ||||||
24 | 97-689, eff. 6-14-12.)
| ||||||
25 | (320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
|
| |||||||
| |||||||
1 | Sec. 7. Payment and denial of claims. | ||||||
2 | (a) In general. The Director shall order the payment from | ||||||
3 | appropriations
made for that purpose of grants to claimants | ||||||
4 | under this Act in the amounts
to which the Department has | ||||||
5 | determined they are entitled, respectively. If
a claim is | ||||||
6 | denied, the Director shall cause written notice of that denial
| ||||||
7 | and the reasons for that denial to be sent to the claimant.
| ||||||
8 | (b) Payment of claims one dollar and under. Where the | ||||||
9 | amount of the
grant computed under Section 4 is less than one | ||||||
10 | dollar, the Department
shall pay to the claimant one dollar.
| ||||||
11 | (c) Right to appeal. Any person aggrieved by an action or | ||||||
12 | determination of
the Department on Aging arising under any of | ||||||
13 | its powers or
duties under this Act may request in writing that | ||||||
14 | the
Department on Aging reconsider its action or determination,
| ||||||
15 | setting out the facts upon which the request is based. The
| ||||||
16 | Department on Aging shall consider the request and either
| ||||||
17 | modify or affirm its prior action or determination. The
| ||||||
18 | Department on Aging may adopt, by rule, procedures for | ||||||
19 | conducting
its review under this Section.
| ||||||
20 | Any person aggrieved by an action or determination of
the | ||||||
21 | Department of Healthcare and Family Services arising under
any | ||||||
22 | of its powers or duties under this Act may request in
writing | ||||||
23 | that the Department of Healthcare and Family Services
| ||||||
24 | reconsider its action or determination, setting out the facts
| ||||||
25 | upon which the request is based. The Department of Healthcare
| ||||||
26 | and Family Services shall consider the request and either
|
| |||||||
| |||||||
1 | modify or affirm its prior action or determination. The
| ||||||
2 | Department of Healthcare and Family Services may adopt, by | ||||||
3 | rule,
procedures for conducting its review under this Section. | ||||||
4 | (d) (Blank).
| ||||||
5 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
6 | (320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
| ||||||
7 | Sec. 8. Records. Every claimant of a grant under this Act | ||||||
8 | and , prior to July 1, 2012, every applicant for pharmaceutical | ||||||
9 | assistance under this Act shall keep such records, render
such | ||||||
10 | statements, file such forms and comply with such rules and | ||||||
11 | regulations
as the Department on Aging may from time to time | ||||||
12 | prescribe. The Department on Aging may by
regulations require | ||||||
13 | landlords to furnish to tenants statements as to gross
rent or | ||||||
14 | rent constituting property taxes accrued.
| ||||||
15 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
16 | (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| ||||||
17 | Sec. 9. Fraud; error. | ||||||
18 | (a) Any person who files a fraudulent claim
for a grant | ||||||
19 | under this Act, or who for compensation prepares a claim
for a | ||||||
20 | grant and
knowingly enters false information on an application | ||||||
21 | for any claimant under
this Act, or who fraudulently files | ||||||
22 | multiple applications, or who
fraudulently states that a person | ||||||
23 | without a disability is a person with a disability, or who , | ||||||
24 | prior to July 1, 2012, fraudulently procures pharmaceutical |
| |||||||
| |||||||
1 | assistance benefits, or
who fraudulently uses such assistance | ||||||
2 | to procure covered prescription drugs, or
who, on behalf of an | ||||||
3 | authorized pharmacy, files a fraudulent request for payment, is
| ||||||
4 | guilty of a Class 4 felony for the first offense and is guilty | ||||||
5 | of a Class 3
felony for each subsequent offense. | ||||||
6 | (b) The Department on Aging and the Department of | ||||||
7 | Healthcare and Family Services shall immediately
suspend the | ||||||
8 | pharmaceutical assistance benefits of any
person suspected of | ||||||
9 | fraudulent procurement or fraudulent use of such assistance,
| ||||||
10 | and shall revoke such assistance upon a conviction. A person | ||||||
11 | convicted of
fraud under subsection (a) shall be permanently | ||||||
12 | barred from all of the programs established under this Act. | ||||||
13 | (Blank). | ||||||
14 | (c) The Department on Aging may recover from a
claimant any | ||||||
15 | amount paid to that claimant under this
Act on account of an | ||||||
16 | erroneous or
fraudulent claim, together with 6% interest per | ||||||
17 | year. Amounts
recoverable from a claimant by the Department on | ||||||
18 | Aging under
this Act may, but need not, be recovered by | ||||||
19 | offsetting the
amount owed against any future grant payable to | ||||||
20 | the person
under this Act. | ||||||
21 | The Department of Healthcare and Family Services may
| ||||||
22 | recover for acts prior to July 1, 2012 from an authorized | ||||||
23 | pharmacy any amount paid to that
pharmacy under the | ||||||
24 | pharmaceutical assistance program on
account of an erroneous or | ||||||
25 | fraudulent request for payment under
that program, together | ||||||
26 | with 6% interest per year. The
Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services may recover from a
person who erroneously or | ||||||
2 | fraudulently obtains benefits under
the pharmaceutical | ||||||
3 | assistance program the value of the benefits
so obtained, | ||||||
4 | together with 6% interest per year. | ||||||
5 | (d) A prosecution for
a violation of this Section may be | ||||||
6 | commenced at any time within 3 years
of the commission of that | ||||||
7 | violation.
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
9 | (320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
| ||||||
10 | Sec. 12. Regulations - Department on Aging.
| ||||||
11 | (a) Regulations. Notwithstanding any other provision to | ||||||
12 | the contrary,
the Department on Aging may adopt rules regarding | ||||||
13 | applications,
proof of eligibility, required identification | ||||||
14 | information, use
of social security numbers, counting of | ||||||
15 | income, and a method of
computing "gross rent" in the case of a | ||||||
16 | claimant living in a
nursing or sheltered care home, and any | ||||||
17 | other rules necessary
for the cost-efficient operation of the | ||||||
18 | program established
under Section 4.
| ||||||
19 | (b) The Department on Aging shall, to the extent of | ||||||
20 | appropriations made
for that purpose:
| ||||||
21 | (1) attempt to secure the cooperation of appropriate | ||||||
22 | federal, State and
local agencies in securing the names and | ||||||
23 | addresses of persons to whom this
Act pertains;
| ||||||
24 | (2) prepare a mailing list of persons eligible for | ||||||
25 | grants under this Act;
|
| |||||||
| |||||||
1 | (3) secure the cooperation of the Department of | ||||||
2 | Revenue, the Department of Healthcare and Family Services, | ||||||
3 | other State agencies, and local
business establishments to | ||||||
4 | facilitate distribution of applications
under this Act to | ||||||
5 | those eligible to file claims; and
| ||||||
6 | (4) through use of direct mail, newspaper | ||||||
7 | advertisements and radio and
television advertisements, | ||||||
8 | and all other appropriate means of
communication, conduct | ||||||
9 | an on-going public relations program to increase
awareness | ||||||
10 | of eligible citizens of the benefits under this Act and the
| ||||||
11 | procedures for applying for them.
| ||||||
12 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
13 | (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
| ||||||
14 | Sec. 13. List of persons who have qualified. The Department | ||||||
15 | on Aging shall maintain a list of all
persons who have | ||||||
16 | qualified under this Act and shall make the list
available to | ||||||
17 | the Department of Healthcare and Family Services, the | ||||||
18 | Department of Public Health, the Secretary of State, | ||||||
19 | municipalities, and public transit authorities upon request.
| ||||||
20 | All information received by a State agency, municipality, | ||||||
21 | or public transit authority under this Section
shall be | ||||||
22 | confidential, except for official purposes, and any
person who | ||||||
23 | divulges or uses that information in any manner,
except in | ||||||
24 | accordance with a proper judicial order, shall be
guilty of a | ||||||
25 | Class B misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
2 | Section 70. The Senior Citizens Real Estate Tax Deferral | ||||||
3 | Act is amended by changing Sections 2 and 8 as follows:
| ||||||
4 | (320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
| ||||||
5 | Sec. 2. Definitions. As used in this Act:
| ||||||
6 | (a) "Taxpayer" means an individual whose household income | ||||||
7 | for the year
is no greater than: (i) $40,000 through tax year | ||||||
8 | 2005; (ii) $50,000 for tax years 2006 through 2011; and (iii) | ||||||
9 | $55,000 for tax year 2012 and thereafter.
| ||||||
10 | (b) "Tax deferred property" means the property upon which | ||||||
11 | real
estate taxes are deferred under this Act.
| ||||||
12 | (c) "Homestead" means the land and buildings thereon, | ||||||
13 | including a
condominium or a dwelling unit in a multidwelling | ||||||
14 | building that is owned and
operated as a cooperative, occupied | ||||||
15 | by the taxpayer as his residence or which
are temporarily | ||||||
16 | unoccupied by the taxpayer because such taxpayer is temporarily
| ||||||
17 | residing, for not more than 1 year, in a licensed facility as | ||||||
18 | defined in
Section 1-113 of the Nursing Home Care Act.
| ||||||
19 | (d) "Real estate taxes" or "taxes" means the taxes on real | ||||||
20 | property for
which the taxpayer would be liable under the | ||||||
21 | Property Tax Code, including special service area taxes, and | ||||||
22 | special assessments on
benefited real property for which the | ||||||
23 | taxpayer would be liable to a unit of
local government.
| ||||||
24 | (e) "Department" means the Department of Revenue.
|
| |||||||
| |||||||
1 | (f) "Qualifying property" means a homestead which (a) the | ||||||
2 | taxpayer or the
taxpayer and his spouse own in fee simple or | ||||||
3 | are purchasing in fee simple under
a recorded instrument of | ||||||
4 | sale, (b) is not income-producing property, (c) is not
subject | ||||||
5 | to a lien for unpaid real estate taxes when a claim under this | ||||||
6 | Act is
filed, and (d) is not held in trust, other than an | ||||||
7 | Illinois land trust with the taxpayer identified as the sole | ||||||
8 | beneficiary, if the taxpayer is filing for the program for the | ||||||
9 | first time effective as of the January 1, 2011 assessment year | ||||||
10 | or tax year 2012 and thereafter.
| ||||||
11 | (g) "Equity interest" means the current assessed valuation | ||||||
12 | of the qualified
property times the fraction necessary to | ||||||
13 | convert that figure to full market
value minus any outstanding | ||||||
14 | debts or liens on that property. In the case of
qualifying | ||||||
15 | property not having a separate assessed valuation, the | ||||||
16 | appraised
value as determined by a qualified real estate | ||||||
17 | appraiser shall be used instead
of the current assessed | ||||||
18 | valuation.
| ||||||
19 | (h) "Household income" has the meaning ascribed to that | ||||||
20 | term in the Senior
Citizens and Persons with Disabilities | ||||||
21 | Property Tax Relief
and Pharmaceutical Assistance Act.
| ||||||
22 | (i) "Collector" means the county collector or, if the taxes | ||||||
23 | to be deferred
are special assessments, an official designated | ||||||
24 | by a unit of local government
to collect special assessments.
| ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | (320 ILCS 30/8) (from Ch. 67 1/2, par. 458)
| ||||||
2 | Sec. 8.
Nothing in this Act (a) affects any provision of
| ||||||
3 | any mortgage or other instrument relating to land requiring a
| ||||||
4 | person to pay real estate taxes or (b) affects the eligibility | ||||||
5 | of any
person to receive any grant pursuant to the " Senior | ||||||
6 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
7 | Pharmaceutical Assistance Act " .
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
9 | Section 75. The Senior Pharmaceutical Assistance Act is | ||||||
10 | amended by changing Section 5 as follows:
| ||||||
11 | (320 ILCS 50/5)
| ||||||
12 | Sec. 5. Findings. The General Assembly finds:
| ||||||
13 | (1) Senior citizens identify pharmaceutical assistance as | ||||||
14 | the single most
critical factor to their health, well-being, | ||||||
15 | and continued independence.
| ||||||
16 | (2) The State of Illinois currently operates 2 | ||||||
17 | pharmaceutical assistance
programs that benefit seniors: (i) | ||||||
18 | the program of pharmaceutical assistance
under
the Senior | ||||||
19 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
20 | Pharmaceutical Assistance Act and (ii) the Aid to the Aged, | ||||||
21 | Blind, or Disabled program under
the
Illinois Public Aid Code. | ||||||
22 | The State has been given authority to establish a
third | ||||||
23 | program, SeniorRx Care, through a federal Medicaid waiver.
| ||||||
24 | (3) Each year, numerous pieces of legislation are filed |
| |||||||
| |||||||
1 | seeking to
establish additional pharmaceutical assistance | ||||||
2 | benefits for seniors or to make
changes to the existing | ||||||
3 | programs.
| ||||||
4 | (4) Establishment of a pharmaceutical assistance review | ||||||
5 | committee will
ensure proper coordination of benefits, | ||||||
6 | diminish the likelihood of duplicative
benefits, and ensure | ||||||
7 | that the best interests of seniors are served.
| ||||||
8 | (5) In addition to the State pharmaceutical assistance | ||||||
9 | programs, several
private entities, such as drug manufacturers | ||||||
10 | and pharmacies, also offer
prescription drug discount or | ||||||
11 | coverage programs.
| ||||||
12 | (6) Many seniors are unaware of the myriad of public and | ||||||
13 | private programs
available to them.
| ||||||
14 | (7) Establishing a pharmaceutical clearinghouse with a | ||||||
15 | toll-free hot-line
and local outreach workers will educate | ||||||
16 | seniors about the vast array of options
available to them and | ||||||
17 | enable seniors to make an educated and informed choice
that is | ||||||
18 | best for them.
| ||||||
19 | (8) Estimates indicate that almost one-third of senior | ||||||
20 | citizens lack
prescription drug coverage. The federal | ||||||
21 | government, states, and the
pharmaceutical industry each have a | ||||||
22 | role in helping these uninsured seniors
gain
access to | ||||||
23 | life-saving medications.
| ||||||
24 | (9) The State of Illinois has recognized its obligation to | ||||||
25 | assist
Illinois' neediest seniors in purchasing prescription | ||||||
26 | medications, and it is
now
time for pharmaceutical |
| |||||||
| |||||||
1 | manufacturers to recognize their obligation to make
their | ||||||
2 | medications affordable to seniors.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
4 | Section 80. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3, | ||||||
6 | and 11-1301.2 as follows:
| ||||||
7 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
8 | Sec. 3-609. Plates for veterans with disabilities. | ||||||
9 | (a) Any veteran who holds proof of a service-connected | ||||||
10 | disability from the United States Department of Veterans | ||||||
11 | Affairs, and who has obtained certification from a licensed | ||||||
12 | physician, physician assistant, or advanced practice | ||||||
13 | registered nurse that the service-connected disability | ||||||
14 | qualifies the veteran for issuance of registration plates or | ||||||
15 | decals to a person with disabilities in accordance with Section | ||||||
16 | 3-616, may, without the payment of any registration fee, make | ||||||
17 | application to the Secretary of State for license plates for | ||||||
18 | veterans with disabilities displaying the international symbol | ||||||
19 | of access, for the registration of one motor vehicle of the | ||||||
20 | first division or one motor vehicle of the second division | ||||||
21 | weighing not more than 8,000 pounds. | ||||||
22 | (b) Any veteran who holds proof of a service-connected | ||||||
23 | disability from the United States Department of Veterans | ||||||
24 | Affairs, and whose degree of disability has been declared to be |
| |||||||
| |||||||
1 | 50% or more, but whose disability does not qualify the veteran | ||||||
2 | for a plate or decal for persons with disabilities under | ||||||
3 | Section 3-616, may, without the payment of any registration | ||||||
4 | fee, make application to the Secretary for a special | ||||||
5 | registration plate without the international symbol of access | ||||||
6 | for the registration of one motor vehicle of the first division | ||||||
7 | or one motor vehicle of the second division weighing not more | ||||||
8 | than 8,000 pounds.
| ||||||
9 | (c) Renewal of such registration must be accompanied with | ||||||
10 | documentation
for eligibility of registration without fee | ||||||
11 | unless the applicant has a
permanent qualifying disability, and | ||||||
12 | such registration plates may not be
issued to any person not | ||||||
13 | eligible therefor. The Illinois Department of Veterans' | ||||||
14 | Affairs may assist in providing the
documentation of | ||||||
15 | disability.
| ||||||
16 | (d) The design and color of the plates shall be within the | ||||||
17 | discretion of the Secretary, except that the plates issued | ||||||
18 | under subsection (b) of this Section shall not contain the | ||||||
19 | international symbol of access. The Secretary may, in his or | ||||||
20 | her discretion, allow the plates to be issued as vanity or | ||||||
21 | personalized plates in accordance with Section 3-405.1 of this | ||||||
22 | Code. Registration shall be for a multi-year period and may be | ||||||
23 | issued staggered registration. | ||||||
24 | (e) Any person eligible to receive license plates under | ||||||
25 | this Section who has been approved for benefits under the | ||||||
26 | Senior Citizens and Persons with Disabilities Property Tax |
| |||||||
| |||||||
1 | Relief and Pharmaceutical Assistance Act, or who has claimed | ||||||
2 | and received a grant under that Act, shall pay a fee of $24 | ||||||
3 | instead of the fee otherwise provided in this Code for | ||||||
4 | passenger cars displaying standard multi-year registration | ||||||
5 | plates issued under Section 3-414.1, for motor vehicles | ||||||
6 | registered at 8,000 pounds or less under Section 3-815(a), or | ||||||
7 | for recreational vehicles registered at 8,000 pounds or less | ||||||
8 | under Section 3-815(b), for a second set of plates under this | ||||||
9 | Section.
| ||||||
10 | (Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18 .)
| ||||||
11 | (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
| ||||||
12 | Sec. 3-623. Purple Heart Plates. | ||||||
13 | (a) The Secretary, upon receipt of an
application made in | ||||||
14 | the form prescribed by the Secretary of State, may
issue to | ||||||
15 | recipients awarded the Purple Heart by a branch of the armed
| ||||||
16 | forces of the United States who reside in Illinois,
special
| ||||||
17 | registration plates. The Secretary, upon receipt of the proper | ||||||
18 | application, may also issue these special registration plates | ||||||
19 | to an Illinois resident who is the surviving spouse of a person | ||||||
20 | who was awarded the Purple Heart by a branch of the armed | ||||||
21 | forces of the United States. The special plates issued pursuant | ||||||
22 | to this Section
should be affixed only to passenger vehicles of | ||||||
23 | the 1st division, including
motorcycles, or motor
vehicles of | ||||||
24 | the 2nd division weighing not more than 8,000 pounds. The | ||||||
25 | Secretary may, in his or her discretion, allow the plates to be |
| |||||||
| |||||||
1 | issued as vanity or personalized plates in accordance with | ||||||
2 | Section 3-405.1 of this Code.
The Secretary of State must make | ||||||
3 | a version of the special registration plates authorized under | ||||||
4 | this Section in a form appropriate for motorcycles.
| ||||||
5 | (b) The design and color of such plates shall be wholly | ||||||
6 | within the discretion
of the Secretary of State. Appropriate | ||||||
7 | documentation, as determined by the
Secretary, and the | ||||||
8 | appropriate registration fee shall
accompany the application, | ||||||
9 | except: | ||||||
10 | (1) a person eligible to be issued Purple Heart plates | ||||||
11 | may display the plates on one vehicle without the payment | ||||||
12 | of any registration or registration renewal fee; and | ||||||
13 | (2) for an individual who has been issued Purple Heart | ||||||
14 | plates for an additional
vehicle and who has been approved | ||||||
15 | for benefits under the Senior Citizens and
Persons with | ||||||
16 | Disabilities Property Tax Relief and Pharmaceutical | ||||||
17 | Assistance Act, the annual fee for
the registration of the | ||||||
18 | vehicle shall be as provided in Section 3-806.3 of
this | ||||||
19 | Code.
| ||||||
20 | (Source: P.A. 98-902, eff. 1-1-15; 99-143, eff. 7-27-15.)
| ||||||
21 | (625 ILCS 5/3-626)
| ||||||
22 | Sec. 3-626. Korean War Veteran license plates.
| ||||||
23 | (a) In addition to any other special license plate, the | ||||||
24 | Secretary, upon
receipt of all applicable fees and applications | ||||||
25 | made in the form prescribed by
the Secretary of State, may |
| |||||||
| |||||||
1 | issue special registration plates designated as
Korean War | ||||||
2 | Veteran license plates to
residents of Illinois who | ||||||
3 | participated in the United States Armed Forces during
the | ||||||
4 | Korean War. The special plate issued under this Section shall | ||||||
5 | be affixed
only to passenger vehicles of the first division, | ||||||
6 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
7 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
8 | Section 1-169 of this Code. Plates issued under this Section | ||||||
9 | shall
expire according to the staggered multi-year procedure | ||||||
10 | established by Section
3-414.1 of this Code.
| ||||||
11 | (b) The design, color, and format of the plates shall be | ||||||
12 | wholly
within the discretion of the Secretary of State. The | ||||||
13 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
14 | issued as vanity plates or personalized
in accordance with | ||||||
15 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
16 | designate "Land Of Lincoln", as prescribed in subsection (b) of | ||||||
17 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
18 | eligibility requirements
and, in his or her discretion, shall | ||||||
19 | approve and prescribe stickers or decals
as provided under | ||||||
20 | Section 3-412.
| ||||||
21 | (c) (Blank).
| ||||||
22 | (d) The Korean War Memorial Construction Fund is created as | ||||||
23 | a special fund
in the State treasury. All moneys in the Korean | ||||||
24 | War Memorial Construction Fund
shall, subject to | ||||||
25 | appropriation, be used by the Department of Veterans' Affairs
| ||||||
26 | to provide grants for construction of the Korean War Memorial |
| |||||||
| |||||||
1 | to be located at
Oak Ridge Cemetery in Springfield, Illinois. | ||||||
2 | Upon the completion of the
Memorial, the Department of | ||||||
3 | Veterans' Affairs shall certify to the State
Treasurer that the | ||||||
4 | construction of the Memorial has been completed. Upon the
| ||||||
5 | certification by the Department of Veterans' Affairs, the State | ||||||
6 | Treasurer shall
transfer all moneys in the Fund and any future | ||||||
7 | deposits into the Fund into the
Secretary of State Special | ||||||
8 | License Plate
Fund.
| ||||||
9 | (e) An individual who has been issued Korean War Veteran | ||||||
10 | license plates
for a vehicle
and who has been approved for | ||||||
11 | benefits under the Senior Citizens and Persons with | ||||||
12 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
13 | Act shall pay
the original issuance and the regular annual fee | ||||||
14 | for the registration of the
vehicle as provided in Section | ||||||
15 | 3-806.3 of this Code.
| ||||||
16 | (Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
17 | 99-642, eff. 7-28-16; 100-143, eff. 1-1-18 .)
| ||||||
18 | (625 ILCS 5/3-667)
| ||||||
19 | Sec. 3-667. Korean Service license plates. | ||||||
20 | (a) In addition to any other special license plate, the | ||||||
21 | Secretary, upon
receipt of all applicable fees and applications | ||||||
22 | made in the form prescribed by
the Secretary of State, may | ||||||
23 | issue special registration plates designated as
Korean Service | ||||||
24 | license plates to
residents of Illinois who, on or after July | ||||||
25 | 27, 1954, participated in the United States Armed Forces in |
| |||||||
| |||||||
1 | Korea. The special plate issued under this Section shall be | ||||||
2 | affixed
only to passenger vehicles of the first division, | ||||||
3 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
4 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
5 | Section 1-169 of this Code. Plates issued under this Section | ||||||
6 | shall
expire according to the staggered multi-year procedure | ||||||
7 | established by Section
3-414.1 of this Code. | ||||||
8 | (b) The design, color, and format of the plates shall be | ||||||
9 | wholly
within the discretion of the Secretary of State. The | ||||||
10 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
11 | issued as vanity or personalized
plates in accordance with | ||||||
12 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
13 | designate "Land of
Lincoln", as prescribed in subsection (b) of | ||||||
14 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
15 | eligibility requirements
and, in his or her discretion, shall | ||||||
16 | approve and prescribe stickers or decals
as provided under | ||||||
17 | Section 3-412.
| ||||||
18 | (c) An applicant shall be charged a $2 fee for original | ||||||
19 | issuance
in addition to the applicable registration fee. This | ||||||
20 | additional fee shall be deposited into the Korean War Memorial | ||||||
21 | Construction Fund a special fund in the State treasury.
| ||||||
22 | (d) An individual who has been issued Korean Service | ||||||
23 | license plates
for a vehicle
and who has been approved for | ||||||
24 | benefits under the Senior Citizens and Persons with | ||||||
25 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
26 | Act shall pay
the original issuance and the regular annual fee |
| |||||||
| |||||||
1 | for the registration of the
vehicle as provided in Section | ||||||
2 | 3-806.3 of this Code in addition to the fees
specified in | ||||||
3 | subsection (c) of this Section.
| ||||||
4 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
5 | (625 ILCS 5/3-683)
| ||||||
6 | Sec. 3-683. Distinguished Service Cross license plates. | ||||||
7 | The Secretary, upon receipt of an
application made in the form | ||||||
8 | prescribed by the Secretary of State, shall
issue special
| ||||||
9 | registration plates to any Illinois resident who has been | ||||||
10 | awarded the Distinguished Service Cross by a branch of the | ||||||
11 | armed
forces of the United States. The Secretary, upon receipt | ||||||
12 | of the proper application, shall also issue these special | ||||||
13 | registration plates to an Illinois resident who is the | ||||||
14 | surviving spouse of a person who was awarded the Distinguished | ||||||
15 | Service Cross by a branch of the armed forces of the United | ||||||
16 | States. The special plates issued under this Section
should be | ||||||
17 | affixed only to passenger vehicles of the first division, | ||||||
18 | including
motorcycles, or motor
vehicles of the second division | ||||||
19 | weighing not more than 8,000 pounds. | ||||||
20 | The design and color of the plates shall be wholly within | ||||||
21 | the discretion
of the Secretary of State. Appropriate | ||||||
22 | documentation, as determined by the
Secretary, and the | ||||||
23 | appropriate registration fee shall
accompany the application.
| ||||||
24 | However, for an individual who has been issued Distinguished | ||||||
25 | Service Cross plates for a
vehicle and who has been approved |
| |||||||
| |||||||
1 | for benefits under the Senior Citizens and
Persons with | ||||||
2 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
3 | Act, the annual fee for
the registration of the vehicle shall | ||||||
4 | be as provided in Section 3-806.3 of
this Code.
| ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
6 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
7 | Sec. 3-806.3. Senior citizens.
Commencing with the 2009 | ||||||
8 | registration year, the registration fee paid by
any vehicle | ||||||
9 | owner who has been approved for benefits under the Senior
| ||||||
10 | Citizens and Persons with Disabilities Property Tax Relief
and | ||||||
11 | Pharmaceutical Assistance Act or who is the spouse of such a | ||||||
12 | person shall be $24 instead of the fee
otherwise provided in | ||||||
13 | this Code for passenger cars displaying standard
multi-year | ||||||
14 | registration plates issued under Section 3-414.1, motor | ||||||
15 | vehicles
displaying special registration plates issued under | ||||||
16 | Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, | ||||||
17 | 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, or 3-663, | ||||||
18 | motor vehicles registered at 8,000 pounds or less under Section
| ||||||
19 | 3-815(a), and recreational vehicles registered at 8,000 pounds | ||||||
20 | or less under
Section 3-815(b). Widows and widowers of | ||||||
21 | claimants shall also be entitled to
this reduced registration | ||||||
22 | fee for the registration year in which the claimant
was | ||||||
23 | eligible.
| ||||||
24 | Commencing with the 2009 registration year, the | ||||||
25 | registration fee paid by
any vehicle owner who has claimed and |
| |||||||
| |||||||
1 | received a grant under the Senior
Citizens and Persons with | ||||||
2 | Disabilities Property Tax Relief
and Pharmaceutical Assistance | ||||||
3 | Act or who is the spouse of such a person shall be $24 instead | ||||||
4 | of the fee
otherwise provided in this Code for passenger cars | ||||||
5 | displaying standard
multi-year registration plates issued | ||||||
6 | under Section 3-414.1, motor vehicles
displaying special | ||||||
7 | registration plates issued under Section 3-607, 3-609, 3-616, | ||||||
8 | 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, | ||||||
9 | 3-645, 3-647, 3-650, 3-651, 3-663, or 3-664, motor vehicles | ||||||
10 | registered at 8,000 pounds or less under Section
3-815(a), and | ||||||
11 | recreational vehicles registered at 8,000 pounds or less under
| ||||||
12 | Section 3-815(b). Widows and widowers of claimants shall also | ||||||
13 | be entitled to
this reduced registration fee for the | ||||||
14 | registration year in which the claimant
was eligible.
| ||||||
15 | Commencing with the 2017 registration year, the reduced fee | ||||||
16 | under this Section shall apply to any special registration | ||||||
17 | plate authorized in Article VI of Chapter 3 of this Code for | ||||||
18 | which the applicant would otherwise be eligible. | ||||||
19 | Surcharges for vehicle registrations under Section 3-806 | ||||||
20 | of this Code shall not be collected from any vehicle owner who | ||||||
21 | has been approved for benefits under the Senior Citizens and | ||||||
22 | Persons with Disabilities Disabled Persons Property Tax Relief | ||||||
23 | and Pharmaceutical Assistance Act or a person who is the spouse | ||||||
24 | of such a person. | ||||||
25 | No more than one reduced registration fee under this | ||||||
26 | Section shall be
allowed during any 12-month period based on |
| |||||||
| |||||||
1 | the primary eligibility of any
individual, whether such reduced | ||||||
2 | registration fee is allowed to the
individual or to the spouse, | ||||||
3 | widow or widower of such individual. This
Section does not | ||||||
4 | apply to the fee paid in addition to the registration fee
for | ||||||
5 | motor vehicles displaying vanity, personalized, or special | ||||||
6 | license
plates.
| ||||||
7 | (Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
8 | eff. 7-28-16; 99-707, eff. 7-29-16.)
| ||||||
9 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
10 | Sec. 11-1301.2. Special decals for parking; persons with | ||||||
11 | disabilities.
| ||||||
12 | (a) The Secretary of State shall provide for, by | ||||||
13 | administrative rules, the
design, size, color, and placement of | ||||||
14 | a person with disabilities motorist decal
or device
and shall | ||||||
15 | provide for, by administrative
rules, the content and form of | ||||||
16 | an application for a person with disabilities
motorist decal or | ||||||
17 | device,
which shall be used by local authorities in the | ||||||
18 | issuance thereof to a
person with temporary disabilities, | ||||||
19 | provided that the decal or device is
valid for no more than 90 | ||||||
20 | days, subject to renewal for like periods based upon
continued | ||||||
21 | disability, and further provided that the decal or device | ||||||
22 | clearly
sets forth the date that the decal or device expires.
| ||||||
23 | The application shall
include the requirement of an Illinois | ||||||
24 | Identification Card number or a State
of Illinois driver's | ||||||
25 | license number or, if the applicant does not have an |
| |||||||
| |||||||
1 | identification card or driver's license number, then the | ||||||
2 | applicant may use a valid identification number issued by a | ||||||
3 | branch of the U.S. military or a federally issued Medicare or | ||||||
4 | Medicaid identification number.
This decal or device may be | ||||||
5 | used by the authorized holder to designate and identify a | ||||||
6 | vehicle not owned or displaying a
registration plate as | ||||||
7 | provided in Sections 3-609 and 3-616 of this Act to
designate | ||||||
8 | when the vehicle is being used to transport said person or | ||||||
9 | persons
with disabilities, and thus is entitled to enjoy all | ||||||
10 | the privileges that would
be afforded a person with | ||||||
11 | disabilities licensed vehicle.
Person with disabilities decals | ||||||
12 | or devices issued and displayed pursuant to
this Section shall | ||||||
13 | be recognized and honored by all local authorities
regardless | ||||||
14 | of which local authority issued such decal or device.
| ||||||
15 | The decal or device shall be issued only upon a showing by | ||||||
16 | adequate
documentation that the person for whose benefit the | ||||||
17 | decal or device is to be
used has a disability as defined in | ||||||
18 | Section 1-159.1 of this
Code and the disability is temporary.
| ||||||
19 | (b) The local governing authorities shall be responsible | ||||||
20 | for the provision
of such decal or device, its issuance and | ||||||
21 | designated placement within the
vehicle. The cost of such decal | ||||||
22 | or device shall be at the discretion of
such local governing | ||||||
23 | authority.
| ||||||
24 | (c) The Secretary of State may, pursuant to Section | ||||||
25 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
26 | device to a person with
disabilities as defined by Section |
| |||||||
| |||||||
1 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
2 | issued by the Secretary of State shall be registered to
that | ||||||
3 | person with disabilities in the form to be prescribed by the | ||||||
4 | Secretary of
State. The person with disabilities parking decal | ||||||
5 | or device shall not display
that person's address. One | ||||||
6 | additional decal or device may be issued to an
applicant upon | ||||||
7 | his or her written request and with the approval of the
| ||||||
8 | Secretary of
State.
The written request must include a | ||||||
9 | justification of the need for the
additional decal or device.
| ||||||
10 | (c-5) Beginning January 1, 2014, the Secretary shall | ||||||
11 | provide by administrative rule for the issuance of a separate | ||||||
12 | and distinct parking decal or device for persons with | ||||||
13 | disabilities as defined by Section 1-159.1 of this Code and who | ||||||
14 | meet the qualifications under this subsection. The authorized | ||||||
15 | holder of a decal or device issued under this subsection (c-5) | ||||||
16 | shall be exempt from the payment of fees generated by parking | ||||||
17 | in a metered space, a parking area subject to paragraph (10) of | ||||||
18 | subsection (a) of Section 11-209 of this Code, or a publicly | ||||||
19 | owned parking area. | ||||||
20 | The Secretary shall issue a meter-exempt decal or device to | ||||||
21 | a person with
disabilities who: (i) has been issued | ||||||
22 | registration plates under subsection (a) of Section 3-609 or | ||||||
23 | Section 3-616 of this Code or a special decal or device under | ||||||
24 | this Section, (ii) holds a valid Illinois driver's license, and | ||||||
25 | (iii) is unable to do one or more of the following: | ||||||
26 | (1) manage, manipulate, or insert coins, or obtain |
| |||||||
| |||||||
1 | tickets or tokens in parking meters or ticket machines in | ||||||
2 | parking lots, due to the lack of fine motor control of both | ||||||
3 | hands; | ||||||
4 | (2) reach above his or her head to a height of 42 | ||||||
5 | inches from the ground, due to a lack of finger, hand, or | ||||||
6 | upper extremity strength or mobility; | ||||||
7 | (3) approach a parking meter due to his or her use of a | ||||||
8 | wheelchair or other device for mobility; or | ||||||
9 | (4) walk more than 20 feet due to an orthopedic, | ||||||
10 | neurological, cardiovascular, or lung condition in which | ||||||
11 | the degree of debilitation is so severe that it almost | ||||||
12 | completely impedes the ability to walk. | ||||||
13 | The application for a meter-exempt parking decal or device | ||||||
14 | shall contain a statement certified by a licensed physician, | ||||||
15 | physician assistant, or advanced practice registered nurse | ||||||
16 | attesting to the permanent nature of the applicant's condition | ||||||
17 | and verifying that the applicant meets the physical | ||||||
18 | qualifications specified in this subsection (c-5). | ||||||
19 | Notwithstanding the requirements of this subsection (c-5), | ||||||
20 | the Secretary shall issue a meter-exempt decal or device to a | ||||||
21 | person who has been issued registration plates under Section | ||||||
22 | 3-616 of this Code or a special decal or device under this | ||||||
23 | Section, if the applicant is the parent or guardian of a person | ||||||
24 | with disabilities who is under 18 years of age and incapable of | ||||||
25 | driving. | ||||||
26 | (d) Replacement decals or devices may be issued for lost, |
| |||||||
| |||||||
1 | stolen, or
destroyed decals upon application and payment of a | ||||||
2 | $10 fee. The replacement
fee may be waived for individuals that | ||||||
3 | have claimed and received a grant under
the Senior Citizens and | ||||||
4 | Persons with Disabilities Property Tax Relief and | ||||||
5 | Pharmaceutical Assistance Act.
| ||||||
6 | (e) A person classified as a veteran under subsection (e) | ||||||
7 | of Section 6-106 of this Code that has been issued a decal or | ||||||
8 | device under this Section shall not be required to submit | ||||||
9 | evidence of disability in order to renew that decal or device | ||||||
10 | if, at the time of initial application, he or she submitted | ||||||
11 | evidence from his or her physician or the Department of | ||||||
12 | Veterans' Affairs that the disability is of a permanent nature. | ||||||
13 | However, the Secretary shall take reasonable steps to ensure | ||||||
14 | the veteran still resides in this State at the time of the | ||||||
15 | renewal. These steps may include requiring the veteran to | ||||||
16 | provide additional documentation or to appear at a Secretary of | ||||||
17 | State facility. To identify veterans who are eligible for this | ||||||
18 | exemption, the Secretary shall compare the list of the persons | ||||||
19 | who have been issued a decal or device to the list of persons | ||||||
20 | who have been issued a vehicle registration plate for veterans | ||||||
21 | with disabilities under Section 3-609 of this Code, or who are | ||||||
22 | identified as a veteran on their driver's license under Section | ||||||
23 | 6-110 of this Code or on their identification card under | ||||||
24 | Section 4 of the Illinois Identification Card Act. | ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18; | ||||||
26 | 100-702, eff. 1-1-19 .)
|
| |||||||
| |||||||
1 | Section 85. The Criminal Code of 2012 is amended by | ||||||
2 | changing Section 17-6.5 as follows:
| ||||||
3 | (720 ILCS 5/17-6.5)
| ||||||
4 | Sec. 17-6.5. Persons under deportation order; | ||||||
5 | ineligibility for benefits. | ||||||
6 | (a) An individual against whom a United States Immigration | ||||||
7 | Judge
has issued an order of deportation which has been | ||||||
8 | affirmed by the Board of
Immigration Review, as well as an | ||||||
9 | individual who appeals such an order
pending appeal, under | ||||||
10 | paragraph 19 of Section 241(a) of the
Immigration and | ||||||
11 | Nationality Act relating to persecution of others on
account of | ||||||
12 | race, religion, national origin or political opinion under the
| ||||||
13 | direction of or in association with the Nazi government of | ||||||
14 | Germany or its
allies, shall be ineligible for the following | ||||||
15 | benefits authorized by State law: | ||||||
16 | (1) The homestead exemptions and homestead improvement
| ||||||
17 | exemption under Sections 15-170, 15-175, 15-176, and | ||||||
18 | 15-180 of the Property Tax Code. | ||||||
19 | (2) Grants under the Senior Citizens and Persons with | ||||||
20 | Disabilities Property Tax
Relief and Pharmaceutical | ||||||
21 | Assistance Act. | ||||||
22 | (3) The double income tax exemption conferred upon | ||||||
23 | persons 65 years of
age or older by Section 204 of the | ||||||
24 | Illinois Income Tax Act. |
| |||||||
| |||||||
1 | (4) Grants provided by the Department on Aging. | ||||||
2 | (5) Reductions in vehicle registration fees under | ||||||
3 | Section 3-806.3 of the
Illinois Vehicle Code. | ||||||
4 | (6) Free fishing and reduced fishing license fees under | ||||||
5 | Sections 20-5
and 20-40 of the Fish and Aquatic Life Code. | ||||||
6 | (7) Tuition free courses for senior citizens under the | ||||||
7 | Senior Citizen
Courses Act. | ||||||
8 | (8) Any benefits under the Illinois Public Aid Code. | ||||||
9 | (b) If a person has been found by a court to have knowingly
| ||||||
10 | received benefits in violation of subsection (a) and: | ||||||
11 | (1) the total monetary value of the benefits received | ||||||
12 | is less than $150, the person is guilty
of a Class A | ||||||
13 | misdemeanor; a second or subsequent violation is a Class 4 | ||||||
14 | felony; | ||||||
15 | (2) the total monetary value of the benefits received | ||||||
16 | is $150 or more but less than $1,000,
the person is guilty | ||||||
17 | of a Class 4 felony; a second or subsequent violation is a | ||||||
18 | Class 3 felony; | ||||||
19 | (3) the total monetary value of the benefits received | ||||||
20 | is $1,000 or more but less than $5,000,
the person is | ||||||
21 | guilty of a Class 3 felony; a second or subsequent | ||||||
22 | violation is a Class 2 felony; | ||||||
23 | (4) the total monetary value of the benefits received | ||||||
24 | is $5,000 or more but less than $10,000,
the person is | ||||||
25 | guilty of a Class 2 felony; a second or subsequent | ||||||
26 | violation is a Class 1 felony; or |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | (5) the total monetary value of the benefits received | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | is $10,000 or more, the person is guilty
of a Class 1 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | felony. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (c) For purposes of determining the classification of an | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | offense under
this Section, all of the monetary value of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | benefits
received as a result of the unlawful act,
practice, or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | course of conduct may be accumulated. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (d) Any grants awarded to persons described in subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (a) may be recovered by the State of Illinois in a civil action | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | commenced
by the Attorney General in the circuit court of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Sangamon County or the
State's Attorney of the county of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | residence of the person described in
subsection (a). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (e) An individual described in subsection (a) who has been
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | deported shall be restored to any benefits which that | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | individual has been
denied under State law pursuant to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | subsection (a) if (i) the Attorney
General of the United States | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | has issued an order cancelling deportation and
has adjusted the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | status of the individual to that of an alien lawfully
admitted | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | for permanent residence in the United States or (ii) the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | country
to which the individual has been deported adjudicates | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | or exonerates the
individual in a judicial or administrative | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | proceeding as not being guilty
of the persecution of others on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | account of race, religion, national origin,
or political | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | opinion under the direction of or in association with the Nazi
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | government of Germany or its allies.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (Source: P.A. 99-143, eff. 7-27-15.)
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