Bill Text: IL HB1162 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Senior Citizens and Disabled Persons Property Tax Relief Act by reinstating the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title of the Act to the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Makes corresponding changes in other Acts. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1162 Detail]

Download: Illinois-2013-HB1162-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1162 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
See Index
Amends the Senior Citizens and Disabled Persons Property Tax Relief Act by reinstating the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title of the Act to the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Makes corresponding changes in other Acts. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning pharmaceutical assistance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's

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finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.

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(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this

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Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the

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adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this

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subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on

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the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.

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(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2010 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (n) shall be deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (n) shall apply only to rules
promulgated during Fiscal Year 2010.
(o) In order to provide for the expeditious and timely

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implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2011 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (o) is deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (o) applies only to rules
promulgated on or after the effective date of this amendatory
Act of the 96th General Assembly through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689 this
amendatory Act of the 97th General Assembly, emergency rules to
implement any provision of Public Act 97-689 this amendatory
Act of the 97th General Assembly may be adopted in accordance
with this subsection (p) by the agency charged with
administering that provision or initiative. The 150-day
limitation of the effective period of emergency rules does not
apply to rules adopted under this subsection (p), and the
effective period may continue through June 30, 2013. The
24-month limitation on the adoption of emergency rules does not
apply to rules adopted under this subsection (p). The adoption
of emergency rules authorized by this subsection (p) is deemed
to be necessary for the public interest, safety, and welfare.

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(Source: P.A. 96-45, eff. 7-15-09; 96-958, eff. 7-1-10;
96-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff.
7-1-12; revised 7-10-12.)
Section 5. The State Comptroller Act is amended by changing
Section 10.05 as follows:
(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
Sec. 10.05. Deductions from warrants; statement of reason
for deduction. Whenever any person shall be entitled to a
warrant or other payment from the treasury or other funds held
by the State Treasurer, on any account, against whom there
shall be any then due and payable account or claim in favor of
the State, the United States upon certification by the
Secretary of the Treasury of the United States, or his or her
delegate, pursuant to a reciprocal offset agreement under
subsection (i-1) of Section 10 of the Illinois State Collection
Act of 1986, or a unit of local government, a school district,
a public institution of higher education, as defined in Section
1 of the Board of Higher Education Act, or the clerk of a
circuit court, upon certification by that entity, the
Comptroller, upon notification thereof, shall ascertain the
amount due and payable to the State, the United States, the
unit of local government, the school district, the public
institution of higher education, or the clerk of the circuit
court, as aforesaid, and draw a warrant on the treasury or on

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other funds held by the State Treasurer, stating the amount for
which the party was entitled to a warrant or other payment, the
amount deducted therefrom, and on what account, and directing
the payment of the balance; which warrant or payment as so
drawn shall be entered on the books of the Treasurer, and such
balance only shall be paid. The Comptroller may deduct any one
or more of the following: (i) the entire amount due and payable
to the State or a portion of the amount due and payable to the
State in accordance with the request of the notifying agency;
(ii) the entire amount due and payable to the United States or
a portion of the amount due and payable to the United States in
accordance with a reciprocal offset agreement under subsection
(i-1) of Section 10 of the Illinois State Collection Act of
1986; or (iii) the entire amount due and payable to the unit of
local government, school district, public institution of
higher education, or clerk of the circuit court, or a portion
of the amount due and payable to that entity, in accordance
with an intergovernmental agreement authorized under this
Section and Section 10.05d. No request from a notifying agency,
the Secretary of the Treasury of the United States, a unit of
local government, a school district, a public institution of
higher education, or the clerk of a circuit court for an amount
to be deducted under this Section from a wage or salary
payment, or from a contractual payment to an individual for
personal services, shall exceed 25% of the net amount of such
payment. "Net amount" means that part of the earnings of an

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

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

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

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

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

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(2) For repayment of funds borrowed from other State
funds or from outside sources, including interest thereon.
(c) The Fund shall consist of the following:
(1) Moneys received by the State from short-term
borrowing pursuant to the Short Term Borrowing Act on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(2) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
expenditures made by the Department that are attributable
to moneys deposited in the Fund.
(3) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
federal approval of Title XIX State plan amendment
transmittal number 07-09.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) In addition to any other transfers that may be provided
for by law, on the effective date of this amendatory Act of the
97th General Assembly, or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $365,000,000 from the General Revenue Fund
into the Healthcare Provider Relief Fund.
(e) In addition to any other transfers that may be provided
for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State

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

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

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

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

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

HB1162 - 23 - LRB098 07992 KTG 38082 b
and Pharmaceutical Assistance Act, except that, beginning in
assessment year 2001, "income" does not include veteran's
benefits.
"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
"Maximum income limitation" means:
(1) $35,000 prior to taxable year 1999;
(2) $40,000 in taxable years 1999 through 2003;
(3) $45,000 in taxable years 2004 through 2005;
(4) $50,000 in taxable years 2006 and 2007; and
(5) $55,000 in taxable year 2008 and thereafter.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.

HB1162 - 24 - LRB098 07992 KTG 38082 b
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)

HB1162 - 25 - LRB098 07992 KTG 38082 b
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income
exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of

HB1162 - 26 - LRB098 07992 KTG 38082 b
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a

HB1162 - 27 - LRB098 07992 KTG 38082 b
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act, the
exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the

HB1162 - 28 - LRB098 07992 KTG 38082 b
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,

HB1162 - 29 - LRB098 07992 KTG 38082 b
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 1961. The applications
shall be clearly marked as applications for the Senior Citizens
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from

HB1162 - 30 - LRB098 07992 KTG 38082 b
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather

HB1162 - 31 - LRB098 07992 KTG 38082 b
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from

HB1162 - 32 - LRB098 07992 KTG 38082 b
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
(d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.

HB1162 - 33 - LRB098 07992 KTG 38082 b
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption.
(a) Except as provided in Sections 15-176 and 15-177,
homestead property is entitled to an annual homestead exemption
limited, except as described here with relation to
cooperatives, to a reduction in the equalized assessed value of
homestead property equal to the increase in equalized assessed
value for the current assessment year above the equalized
assessed value of the property for 1977, up to the maximum
reduction set forth below. If however, the 1977 equalized
assessed value upon which taxes were paid is subsequently
determined by local assessing officials, the Property Tax
Appeal Board, or a court to have been excessive, the equalized
assessed value which should have been placed on the property
for 1977 shall be used to determine the amount of the
exemption.
(b) Except as provided in Section 15-176, the maximum
reduction before taxable year 2004 shall be $4,500 in counties
with 3,000,000 or more inhabitants and $3,500 in all other
counties. Except as provided in Sections 15-176 and 15-177, for
taxable years 2004 through 2007, the maximum reduction shall be
$5,000, for taxable year 2008, the maximum reduction is $5,500,

HB1162 - 34 - LRB098 07992 KTG 38082 b
and, for taxable years 2009 and thereafter, the maximum
reduction is $6,000 in all counties. If a county has elected to
subject itself to the provisions of Section 15-176 as provided
in subsection (k) of that Section, then, for the first taxable
year only after the provisions of Section 15-176 no longer
apply, for owners who, for the taxable year, have not been
granted a senior citizens assessment freeze homestead
exemption under Section 15-172 or a long-time occupant
homestead exemption under Section 15-177, there shall be an
additional exemption of $5,000 for owners with a household
income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment year
is greater than the equalized assessed value of the property
for 1977, the owner of the property shall automatically receive
the exemption granted under this Section in an amount equal to
the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000
assessment year, homestead property has a pro-rata valuation
under Section 9-180 resulting in an increase in the assessed
valuation, a reduction in equalized assessed valuation equal to
the increase in equalized assessed value of the property for
the year of the pro-rata valuation above the equalized assessed
value of the property for 1977 shall be applied to the property

HB1162 - 35 - LRB098 07992 KTG 38082 b
on a proportionate basis for the period the property qualified
as homestead property during the assessment year. The maximum
proportionate homestead exemption shall not exceed the maximum
homestead exemption allowed in the county under this Section
divided by 365 and multiplied by the number of days the
property qualified as homestead property.
(e) The chief county assessment officer may, when
considering whether to grant a leasehold exemption under this
Section, require the following conditions to be met:
(1) that a notarized application for the exemption,
signed by both the owner and the lessee of the property,
must be submitted each year during the application period
in effect for the county in which the property is located;
(2) that a copy of the lease must be filed with the
chief county assessment officer by the owner of the
property at the time the notarized application is
submitted;
(3) that the lease must expressly state that the lessee
is liable for the payment of property taxes; and
(4) that the lease must include the following language
in substantially the following form:
"Lessee shall be liable for the payment of real
estate taxes with respect to the residence in
accordance with the terms and conditions of Section
15-175 of the Property Tax Code (35 ILCS 200/15-175).
The permanent real estate index number for the premises

HB1162 - 36 - LRB098 07992 KTG 38082 b
is (insert number), and, according to the most recent
property tax bill, the current amount of real estate
taxes associated with the premises is (insert amount)
per year. The parties agree that the monthly rent set
forth above shall be increased or decreased pro rata
(effective January 1 of each calendar year) to reflect
any increase or decrease in real estate taxes. Lessee
shall be deemed to be satisfying Lessee's liability for
the above mentioned real estate taxes with the monthly
rent payments as set forth above (or increased or
decreased as set forth herein).".
In addition, if there is a change in lessee, or if the
lessee vacates the property, then the chief county assessment
officer may require the owner of the property to notify the
chief county assessment officer of that change.
This subsection (e) does not apply to leasehold interests
in property owned by a municipality.
(f) "Homestead property" under this Section includes
residential property that is occupied by its owner or owners as
his or their principal dwelling place, or that is a leasehold
interest on which a single family residence is situated, which
is occupied as a residence by a person who has an ownership
interest therein, legal or equitable or as a lessee, and on
which the person is liable for the payment of property taxes.
For land improved with an apartment building owned and operated
as a cooperative or a building which is a life care facility as

HB1162 - 37 - LRB098 07992 KTG 38082 b
defined in Section 15-170 and considered to be a cooperative
under Section 15-170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value
above the equalized assessed value of the property for 1977, up
to the maximum reduction set forth above, multiplied by the
number of apartments or units occupied by a person or persons
who is liable, by contract with the owner or owners of record,
for paying property taxes on the property and is an owner of
record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For
purposes of this Section, the term "life care facility" has the
meaning stated in Section 15-170.
"Household", as used in this Section, means the owner, the
spouse of the owner, and all persons using the residence of the
owner as their principal place of residence.
"Household income", as used in this Section, means the
combined income of the members of a household for the calendar
year preceding the taxable year.
"Income", as used in this Section, has the same meaning as
provided in Section 3.07 of the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act,
except that "income" does not include veteran's benefits.
(g) In a cooperative where a homestead exemption has been
granted, the cooperative association or its management firm
shall credit the savings resulting from that exemption only to
the apportioned tax liability of the owner who qualified for

HB1162 - 38 - LRB098 07992 KTG 38082 b
the exemption. Any person who willfully refuses to so credit
the savings shall be guilty of a Class B misdemeanor.
(h) Where married persons maintain and reside in separate
residences qualifying as homestead property, each residence
shall receive 50% of the total reduction in equalized assessed
valuation provided by this Section.
(i) In all counties, the assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption and the
amount of the exemption by application, visual inspection,
questionnaire or other reasonable methods. The determination
shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an
additional general exemption under this Section shall submit to
the chief county assessment officer an application with an
affidavit of the applicant's total household income, age,
marital status (and, if married, the name and address of the
applicant's spouse, if known), and principal dwelling place of
members of the household on January 1 of the taxable year. The
Department shall issue guidelines establishing a method for
verifying the accuracy of the affidavits filed by applicants
under this paragraph. The applications shall be clearly marked
as applications for the Additional General Homestead
Exemption.
(j) In counties with fewer than 3,000,000 inhabitants, in
the event of a sale of homestead property the homestead

HB1162 - 39 - LRB098 07992 KTG 38082 b
exemption shall remain in effect for the remainder of the
assessment year of the sale. The assessor or chief county
assessment officer may require the new owner of the property to
apply for the homestead exemption for the following assessment
year.
(k) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12;
revised 9-20-12.)
(35 ILCS 200/20-15)
Sec. 20-15. Information on bill or separate statement.
There shall be printed on each bill, or on a separate slip
which shall be mailed with the bill:
(a) a statement itemizing the rate at which taxes have
been extended for each of the taxing districts in the
county in whose district the property is located, and in
those counties utilizing electronic data processing
equipment the dollar amount of tax due from the person
assessed allocable to each of those taxing districts,
including a separate statement of the dollar amount of tax
due which is allocable to a tax levied under the Illinois
Local Library Act or to any other tax levied by a
municipality or township for public library purposes,
(b) a separate statement for each of the taxing

HB1162 - 40 - LRB098 07992 KTG 38082 b
districts of the dollar amount of tax due which is
allocable to a tax levied under the Illinois Pension Code
or to any other tax levied by a municipality or township
for public pension or retirement purposes,
(c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
allocable to each taxing district differs from the
taxpayer's last prior tax bill.
The county treasurer shall ensure that only those taxing
districts in which a parcel of property is located shall be
listed on the bill for that property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
description,
(2) the assessment of the property,
(3) the equalization factors imposed by the county and
by the Department, and
(4) the equalized assessment resulting from the
application of the equalization factors to the basic
assessment.
In all counties which do not classify property for purposes
of taxation, for property on which a single family residence is
situated the statement shall also include a statement to
reflect the fair cash value determined for the property. In all
counties which classify property for purposes of taxation in

HB1162 - 41 - LRB098 07992 KTG 38082 b
accordance with Section 4 of Article IX of the Illinois
Constitution, for parcels of residential property in the lowest
assessment classification the statement shall also include a
statement to reflect the fair cash value determined for the
property.
In all counties, the statement must include information
that certain taxpayers may be eligible for tax exemptions,
abatements, and other assistance programs and that, for more
information, taxpayers should consult with the office of their
township or county assessor and with the Illinois Department of
Revenue.
In all counties, the statement shall include information
that certain taxpayers may be eligible for the Senior Citizens
and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act and that applications are available from the
Illinois Department on Aging.
In counties which use the estimated or accelerated billing
methods, these statements shall only be provided with the final
installment of taxes due. The provisions of this Section create
a mandatory statutory duty. They are not merely directory or
discretionary. The failure or neglect of the collector to mail
the bill, or the failure of the taxpayer to receive the bill,
shall not affect the validity of any tax, or the liability for
the payment of any tax.
(Source: P.A. 97-689, eff. 6-14-12.)

HB1162 - 42 - LRB098 07992 KTG 38082 b
(35 ILCS 200/21-27)
Sec. 21-27. Waiver of interest penalty.
(a) On the recommendation of the county treasurer, the
county board may adopt a resolution under which an interest
penalty for the delinquent payment of taxes for any year that
otherwise would be imposed under Section 21-15, 21-20, or 21-25
shall be waived in the case of any person who meets all of the
following criteria:
(1) The person is determined eligible for a grant under
the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act with respect to
the taxes for that year.
(2) The person requests, in writing, on a form approved
by the county treasurer, a waiver of the interest penalty,
and the request is filed with the county treasurer on or
before the first day of the month that an installment of
taxes is due.
(3) The person pays the installment of taxes due, in
full, on or before the third day of the month that the
installment is due.
(4) The county treasurer approves the request for a
waiver.
(b) With respect to property that qualifies as a brownfield
site under Section 58.2 of the Environmental Protection Act,
the county board, upon the recommendation of the county
treasurer, may adopt a resolution to waive an interest penalty

HB1162 - 43 - LRB098 07992 KTG 38082 b
for the delinquent payment of taxes for any year that otherwise
would be imposed under Section 21-15, 21-20, or 21-25 if all of
the following criteria are met:
(1) the property has delinquent taxes and an
outstanding interest penalty and the amount of that
interest penalty is so large as to, possibly, result in all
of the taxes becoming uncollectible;
(2) the property is part of a redevelopment plan of a
unit of local government and that unit of local government
does not oppose the waiver of the interest penalty;
(3) the redevelopment of the property will benefit the
public interest by remediating the brownfield
contamination;
(4) the taxpayer delivers to the county treasurer (i) a
written request for a waiver of the interest penalty, on a
form approved by the county treasurer, and (ii) a copy of
the redevelopment plan for the property;
(5) the taxpayer pays, in full, the amount of up to the
amount of the first 2 installments of taxes due, to be held
in escrow pending the approval of the waiver, and enters
into an agreement with the county treasurer setting forth a
schedule for the payment of any remaining taxes due; and
(6) the county treasurer approves the request for a
waiver.
(Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)

HB1162 - 44 - LRB098 07992 KTG 38082 b
Section 20. The Mobile Home Local Services Tax Act is
amended by changing Section 7 as follows:
(35 ILCS 515/7) (from Ch. 120, par. 1207)
Sec. 7. The local services tax for owners of mobile homes
who (a) are actually residing in such mobile homes, (b) hold
title to such mobile home as provided in the Illinois Vehicle
Code, and (c) are 65 years of age or older or are disabled
persons within the meaning of Section 3.14 of the "Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act" on the annual billing date shall
be reduced to 80 percent of the tax provided for in Section 3
of this Act. Proof that a claimant has been issued an Illinois
Person with a Disability Identification Card stating that the
claimant is under a Class 2 disability, as provided in Section
4A of the Illinois Identification Card Act, shall constitute
proof that the person thereon named is a disabled person within
the meaning of this Act. An application for reduction of the
tax shall be filed with the county clerk by the individuals who
are entitled to the reduction. If the application is filed
after May 1, the reduction in tax shall begin with the next
annual bill. Application for the reduction in tax shall be done
by submitting proof that the applicant has been issued an
Illinois Person with a Disability Identification Card
designating the applicant's disability as a Class 2 disability,
or by affidavit in substantially the following form:

HB1162 - 45 - LRB098 07992 KTG 38082 b
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
I hereby make application for a reduction to 80% of the
total tax imposed under "An Act to provide for a local services
tax on mobile homes".
(1) Senior Citizens
(a) I actually reside in the mobile home ....
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I reached the age of 65 on or before either January 1
(or July 1) of the year in which this statement is filed. My
date of birth is: ...
(2) Disabled Persons
(a) I actually reside in the mobile home...
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I was totally disabled on ... and have remained
disabled until the date of this application. My Social
Security, Veterans, Railroad or Civil Service Total Disability
Claim Number is ... The undersigned declares under the penalty
of perjury that the above statements are true and correct.
Dated (insert date).
...........................
Signature of owner
...........................
(Address)
...........................

HB1162 - 46 - LRB098 07992 KTG 38082 b
(City) (State) (Zip)
Approved by:
.............................
(Assessor)
This application shall be accompanied by a copy of the
applicant's most recent application filed with the Illinois
Department on Aging under the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12;
97-1064, eff. 1-1-13; revised 9-20-12.)
Section 25. The Metropolitan Transit Authority Act is
amended by changing Sections 51 and 52 as follows:
(70 ILCS 3605/51)
Sec. 51. Free services; eligibility.
(a) Notwithstanding any law to the contrary, no later than
60 days following the effective date of this amendatory Act of
the 95th General Assembly and until subsection (b) is
implemented, any fixed route public transportation services
provided by, or under grant or purchase of service contracts
of, the Board shall be provided without charge to all senior
citizens of the Metropolitan Region (as such term is defined in
70 ILCS 3615/1.03) aged 65 and older, under such conditions as
shall be prescribed by the Board.

HB1162 - 47 - LRB098 07992 KTG 38082 b
(b) Notwithstanding any law to the contrary, no later than
180 days following the effective date of this amendatory Act of
the 96th General Assembly, any fixed route public
transportation services provided by, or under grant or purchase
of service contracts of, the Board shall be provided without
charge to senior citizens aged 65 and older who meet the income
eligibility limitation set forth in subsection (a-5) of Section
4 of the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act, under such
conditions as shall be prescribed by the Board. The Department
on Aging shall furnish all information reasonably necessary to
determine eligibility, including updated lists of individuals
who are eligible for services without charge under this
Section. Nothing in this Section shall relieve the Board from
providing reduced fares as may be required by federal law.
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
(70 ILCS 3605/52)
Sec. 52. Transit services for disabled individuals.
Notwithstanding any law to the contrary, no later than 60 days
following the effective date of this amendatory Act of the 95th
General Assembly, all fixed route public transportation
services provided by, or under grant or purchase of service
contract of, the Board shall be provided without charge to all
disabled persons who meet the income eligibility limitation set
forth in subsection (a-5) of Section 4 of the Senior Citizens

HB1162 - 48 - LRB098 07992 KTG 38082 b
and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act, under such procedures as shall be prescribed by
the Board. The Department on Aging shall furnish all
information reasonably necessary to determine eligibility,
including updated lists of individuals who are eligible for
services without charge under this Section.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 30. The Local Mass Transit District Act is amended
by changing Sections 8.6 and 8.7 as follows:
(70 ILCS 3610/8.6)
Sec. 8.6. Free services; eligibility.
(a) Notwithstanding any law to the contrary, no later than
60 days following the effective date of this amendatory Act of
the 95th General Assembly and until subsection (b) is
implemented, any fixed route public transportation services
provided by, or under grant or purchase of service contracts
of, every District shall be provided without charge to all
senior citizens of the District aged 65 and older, under such
conditions as shall be prescribed by the District.
(b) Notwithstanding any law to the contrary, no later than
180 days following the effective date of this amendatory Act of
the 96th General Assembly, any fixed route public
transportation services provided by, or under grant or purchase
of service contracts of, every District shall be provided

HB1162 - 49 - LRB098 07992 KTG 38082 b
without charge to senior citizens aged 65 and older who meet
the income eligibility limitation set forth in subsection (a-5)
of Section 4 of the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act, under
such conditions as shall be prescribed by the District. The
Department on Aging shall furnish all information reasonably
necessary to determine eligibility, including updated lists of
individuals who are eligible for services without charge under
this Section. Nothing in this Section shall relieve the
District from providing reduced fares as may be required by
federal law.
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
(70 ILCS 3610/8.7)
Sec. 8.7. Transit services for disabled individuals.
Notwithstanding any law to the contrary, no later than 60 days
following the effective date of this amendatory Act of the 95th
General Assembly, all fixed route public transportation
services provided by, or under grant or purchase of service
contract of, any District shall be provided without charge to
all disabled persons who meet the income eligibility limitation
set forth in subsection (a-5) of Section 4 of the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, under such procedures as shall
be prescribed by the District. The Department on Aging shall
furnish all information reasonably necessary to determine

HB1162 - 50 - LRB098 07992 KTG 38082 b
eligibility, including updated lists of individuals who are
eligible for services without charge under this Section.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 31. The Regional Transportation Authority Act is
amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as
follows:
(70 ILCS 3615/3A.15)
Sec. 3A.15. Free services; eligibility.
(a) Notwithstanding any law to the contrary, no later than
60 days following the effective date of this amendatory Act of
the 95th General Assembly and until subsection (b) is
implemented, any fixed route public transportation services
provided by, or under grant or purchase of service contracts
of, the Suburban Bus Board shall be provided without charge to
all senior citizens of the Metropolitan Region aged 65 and
older, under such conditions as shall be prescribed by the
Suburban Bus Board.
(b) Notwithstanding any law to the contrary, no later than
180 days following the effective date of this amendatory Act of
the 96th General Assembly, any fixed route public
transportation services provided by, or under grant or purchase
of service contracts of, the Suburban Bus Board shall be
provided without charge to senior citizens aged 65 and older
who meet the income eligibility limitation set forth in

HB1162 - 51 - LRB098 07992 KTG 38082 b
subsection (a-5) of Section 4 of the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act, under such conditions as shall be prescribed by
the Suburban Bus Board. The Department on Aging shall furnish
all information reasonably necessary to determine eligibility,
including updated lists of individuals who are eligible for
services without charge under this Section. Nothing in this
Section shall relieve the Suburban Bus Board from providing
reduced fares as may be required by federal law.
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
(70 ILCS 3615/3A.16)
Sec. 3A.16. Transit services for disabled individuals.
Notwithstanding any law to the contrary, no later than 60 days
following the effective date of this amendatory Act of the 95th
General Assembly, all fixed route public transportation
services provided by, or under grant or purchase of service
contract of, the Suburban Bus Board shall be provided without
charge to all disabled persons who meet the income eligibility
limitation set forth in subsection (a-5) of Section 4 of the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, under such procedures as shall
be prescribed by the Board. The Department on Aging shall
furnish all information reasonably necessary to determine
eligibility, including updated lists of individuals who are
eligible for services without charge under this Section.

HB1162 - 52 - LRB098 07992 KTG 38082 b
(Source: P.A. 97-689, eff. 6-14-12.)
(70 ILCS 3615/3B.14)
Sec. 3B.14. Free services; eligibility.
(a) Notwithstanding any law to the contrary, no later than
60 days following the effective date of this amendatory Act of
the 95th General Assembly and until subsection (b) is
implemented, any fixed route public transportation services
provided by, or under grant or purchase of service contracts
of, the Commuter Rail Board shall be provided without charge to
all senior citizens of the Metropolitan Region aged 65 and
older, under such conditions as shall be prescribed by the
Commuter Rail Board.
(b) Notwithstanding any law to the contrary, no later than
180 days following the effective date of this amendatory Act of
the 96th General Assembly, any fixed route public
transportation services provided by, or under grant or purchase
of service contracts of, the Commuter Rail Board shall be
provided without charge to senior citizens aged 65 and older
who meet the income eligibility limitation set forth in
subsection (a-5) of Section 4 of the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act, under such conditions as shall be prescribed by
the Commuter Rail Board. The Department on Aging shall furnish
all information reasonably necessary to determine eligibility,
including updated lists of individuals who are eligible for

HB1162 - 53 - LRB098 07992 KTG 38082 b
services without charge under this Section. Nothing in this
Section shall relieve the Commuter Rail Board from providing
reduced fares as may be required by federal law.
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
(70 ILCS 3615/3B.15)
Sec. 3B.15. Transit services for disabled individuals.
Notwithstanding any law to the contrary, no later than 60 days
following the effective date of this amendatory Act of the 95th
General Assembly, all fixed route public transportation
services provided by, or under grant or purchase of service
contract of, the Commuter Rail Board shall be provided without
charge to all disabled persons who meet the income eligibility
limitation set forth in subsection (a-5) of Section 4 of the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, under such procedures as shall
be prescribed by the Board. The Department on Aging shall
furnish all information reasonably necessary to determine
eligibility, including updated lists of individuals who are
eligible for services without charge under this Section.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 32. The Senior Citizen Courses Act is amended by
changing Section 1 as follows:
(110 ILCS 990/1) (from Ch. 144, par. 1801)

HB1162 - 54 - LRB098 07992 KTG 38082 b
Sec. 1. Definitions. For the purposes of this Act:
(a) "Public institutions of higher education" means the
University of Illinois, Southern Illinois University, Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, and the public community colleges subject to the
"Public Community College Act".
(b) "Credit Course" means any program of study for which
public institutions of higher education award credit hours.
(c) "Senior citizen" means any person 65 years or older
whose annual household income is less than the threshold amount
provided in Section 4 of the "Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance
Act", approved July 17, 1972, as amended.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 33. The Citizens Utility Board Act is amended by
changing Section 9 as follows:
(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
Sec. 9. Mailing procedure.
(1) As used in this Section:
(a) "Enclosure" means a card, leaflet, envelope or
combination thereof furnished by the corporation under
this Section.

HB1162 - 55 - LRB098 07992 KTG 38082 b
(b) "Mailing" means any communication by a State
agency, other than a mailing made under the Senior Citizens
and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, that is sent through the
United States Postal Service to more than 50,000 persons
within a 12-month period.
(c) "State agency" means any officer, department,
board, commission, institution or entity of the executive
or legislative branches of State government.
(2) To accomplish its powers and duties under Section 5
this Act, the corporation, subject to the following
limitations, may prepare and furnish to any State agency an
enclosure to be included with a mailing by that agency.
(a) A State agency furnished with an enclosure shall
include the enclosure within the mailing designated by the
corporation.
(b) An enclosure furnished by the corporation under
this Section shall be provided to the State agency a
reasonable period of time in advance of the mailing.
(c) An enclosure furnished by the corporation under
this Section shall be limited to informing the reader of
the purpose, nature and activities of the corporation as
set forth in this Act and informing the reader that it may
become a member in the corporation, maintain membership in
the corporation and contribute money to the corporation
directly.

HB1162 - 56 - LRB098 07992 KTG 38082 b
(d) Prior to furnishing an enclosure to the State
agency, the corporation shall seek and obtain approval of
the content of the enclosure from the Illinois Commerce
Commission. The Commission shall approve the enclosure if
it determines that the enclosure (i) is not false or
misleading and (ii) satisfies the requirements of this Act.
The Commission shall be deemed to have approved the
enclosure unless it disapproves the enclosure within 14
days from the date of receipt.
(3) The corporation shall reimburse each State agency for
all reasonable incremental costs incurred by the State agency
in complying with this Section above the agency's normal
mailing and handling costs, provided that:
(a) The State agency shall first furnish the
corporation with an itemized accounting of such additional
cost; and
(b) The corporation shall not be required to reimburse
the State agency for postage costs if the weight of the
corporation's enclosure does not exceed .35 ounce
avoirdupois. If the corporation's enclosure exceeds that
weight, then it shall only be required to reimburse the
State agency for postage cost over and above what the
agency's postage cost would have been had the enclosure
weighed only .35 ounce avoirdupois.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

HB1162 - 57 - LRB098 07992 KTG 38082 b
Section 35. The Illinois Public Aid Code is amended by
changing Sections 3-1.2, 3-5, 4-1.6, 4-2, 5-2, 5-4, 5A-8,
6-1.2, 6-2, and 12-9 as follows:
(305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
Sec. 3-1.2. Need. Income available to the person, when
added to contributions in money, substance, or services from
other sources, including contributions from legally
responsible relatives, must be insufficient to equal the grant
amount established by Department regulation for such person.
In determining earned income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. If federal law or
regulations permit or require exemption of earned or other
income and resources, the Illinois Department shall provide by
rule and regulation that the amount of income to be disregarded
be increased (1) to the maximum extent so required and (2) to
the maximum extent permitted by federal law or regulation in
effect as of the date this Amendatory Act becomes law. The
Illinois Department may also provide by rule and regulation
that the amount of resources to be disregarded be increased to
the maximum extent so permitted or required. Subject to federal
approval, resources (for example, land, buildings, equipment,
supplies, or tools), including farmland property and personal
property used in the income-producing operations related to the
farmland (for example, equipment and supplies, motor vehicles,

HB1162 - 58 - LRB098 07992 KTG 38082 b
or tools), necessary for self-support, up to $6,000 of the
person's equity in the income-producing property, provided
that the property produces a net annual income of at least 6%
of the excluded equity value of the property, are exempt.
Equity value in excess of $6,000 shall not be excluded if the
activity produces income that is less than 6% of the exempt
equity due to reasons beyond the person's control (for example,
the person's illness or crop failure) and there is a reasonable
expectation that the property will again produce income equal
to or greater than 6% of the equity value (for example, a
medical prognosis that the person is expected to respond to
treatment or that drought-resistant corn will be planted). If
the person owns more than one piece of property and each
produces income, each piece of property shall be looked at to
determine whether the 6% rule is met, and then the amounts of
the person's equity in all of those properties shall be totaled
to determine whether the total equity is $6,000 or less. The
total equity value of all properties that is exempt shall be
limited to $6,000.
In determining the resources of an individual or any
dependents, the Department shall exclude from consideration
the value of funeral and burial spaces, funeral and burial
insurance the proceeds of which can only be used to pay the
funeral and burial expenses of the insured and funds
specifically set aside for the funeral and burial arrangements
of the individual or his or her dependents, including prepaid

HB1162 - 59 - LRB098 07992 KTG 38082 b
funeral and burial plans, to the same extent that such items
are excluded from consideration under the federal Supplemental
Security Income program (SSI).
Prepaid funeral or burial contracts are exempt to the
following extent:
(1) Funds in a revocable prepaid funeral or burial
contract are exempt up to $1,500, except that any portion
of a contract that clearly represents the purchase of
burial space, as that term is defined for purposes of the
Supplemental Security Income program, is exempt regardless
of value.
(2) Funds in an irrevocable prepaid funeral or burial
contract are exempt up to $5,874, except that any portion
of a contract that clearly represents the purchase of
burial space, as that term is defined for purposes of the
Supplemental Security Income program, is exempt regardless
of value. This amount shall be adjusted annually for any
increase in the Consumer Price Index. The amount exempted
shall be limited to the price of the funeral goods and
services to be provided upon death. The contract must
provide a complete description of the funeral goods and
services to be provided and the price thereof. Any amount
in the contract not so specified shall be treated as a
transfer of assets for less than fair market value.
(3) A prepaid, guaranteed-price funeral or burial
contract, funded by an irrevocable assignment of a person's

HB1162 - 60 - LRB098 07992 KTG 38082 b
life insurance policy to a trust, is exempt. The amount
exempted shall be limited to the amount of the insurance
benefit designated for the cost of the funeral goods and
services to be provided upon the person's death. The
contract must provide a complete description of the funeral
goods and services to be provided and the price thereof.
Any amount in the contract not so specified shall be
treated as a transfer of assets for less than fair market
value. The trust must include a statement that, upon the
death of the person, the State will receive all amounts
remaining in the trust, including any remaining payable
proceeds under the insurance policy up to an amount equal
to the total medical assistance paid on behalf of the
person. The trust is responsible for ensuring that the
provider of funeral services under the contract receives
the proceeds of the policy when it provides the funeral
goods and services specified under the contract. The
irrevocable assignment of ownership of the insurance
policy must be acknowledged by the insurance company.
Notwithstanding any other provision of this Code to the
contrary, an irrevocable trust containing the resources of a
person who is determined to have a disability shall be
considered exempt from consideration. Such trust must be
established and managed by a non-profit association that pools
funds but maintains a separate account for each beneficiary.
The trust may be established by the person, a parent,

HB1162 - 61 - LRB098 07992 KTG 38082 b
grandparent, legal guardian, or court. It must be established
for the sole benefit of the person and language contained in
the trust shall stipulate that any amount remaining in the
trust (up to the amount expended by the Department on medical
assistance) that is not retained by the trust for reasonable
administrative costs related to wrapping up the affairs of the
subaccount shall be paid to the Department upon the death of
the person. After a person reaches age 65, any funding by or on
behalf of the person to the trust shall be treated as a
transfer of assets for less than fair market value unless the
person is a ward of a county public guardian or the State
guardian pursuant to Section 13-5 of the Probate Act of 1975 or
Section 30 of the Guardianship and Advocacy Act and lives in
the community, or the person is a ward of a county public
guardian or the State guardian pursuant to Section 13-5 of the
Probate Act of 1975 or Section 30 of the Guardianship and
Advocacy Act and a court has found that any expenditures from
the trust will maintain or enhance the person's quality of
life. If the trust contains proceeds from a personal injury
settlement, any Department charge must be satisfied in order
for the transfer to the trust to be treated as a transfer for
fair market value.
The homestead shall be exempt from consideration except to
the extent that it meets the income and shelter needs of the
person. "Homestead" means the dwelling house and contiguous
real estate owned and occupied by the person, regardless of its

HB1162 - 62 - LRB098 07992 KTG 38082 b
value. Subject to federal approval, a person shall not be
eligible for long-term care services, however, if the person's
equity interest in his or her homestead exceeds the minimum
home equity as allowed and increased annually under federal
law. Subject to federal approval, on and after the effective
date of this amendatory Act of the 97th General Assembly,
homestead property transferred to a trust shall no longer be
considered homestead property.
Occasional or irregular gifts in cash, goods or services
from persons who are not legally responsible relatives which
are of nominal value or which do not have significant effect in
meeting essential requirements shall be disregarded. The
eligibility of any applicant for or recipient of public aid
under this Article is not affected by the payment of any grant
under the "Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act" or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act.
The Illinois Department may, after appropriate
investigation, establish and implement a consolidated standard
to determine need and eligibility for and amount of benefits
under this Article or a uniform cash supplement to the federal
Supplemental Security Income program for all or any part of the
then current recipients under this Article; provided, however,
that the establishment or implementation of such a standard or

HB1162 - 63 - LRB098 07992 KTG 38082 b
supplement shall not result in reductions in benefits under
this Article for the then current recipients of such benefits.
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
Sec. 3-5. Amount of aid. The amount and nature of financial
aid granted to or in behalf of aged, blind, or disabled persons
shall be determined in accordance with the standards, grant
amounts, rules and regulations of the Illinois Department. Due
regard shall be given to the requirements and conditions
existing in each case, and to the amount of property owned and
the income, money contributions, and other support, and
resources received or obtainable by the person, from whatever
source. However, the amount and nature of any financial aid is
not affected by the payment of any grant under the "Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act" or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
The aid shall be sufficient, when added to all other income,
money contributions and support, to provide the person with a
grant in the amount established by Department regulation for
such a person, based upon standards providing a livelihood
compatible with health and well-being. Financial aid under this
Article granted to persons who have been found ineligible for
Supplemental Security Income (SSI) due to expiration of the

HB1162 - 64 - LRB098 07992 KTG 38082 b
period of eligibility for refugees and asylees pursuant to 8
U.S.C. 1612(a)(2) shall not exceed $500 per month.
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
Sec. 4-1.6. Need. Income available to the family as defined
by the Illinois Department by rule, or to the child in the case
of a child removed from his or her home, when added to
contributions in money, substance or services from other
sources, including income available from parents absent from
the home or from a stepparent, contributions made for the
benefit of the parent or other persons necessary to provide
care and supervision to the child, and contributions from
legally responsible relatives, must be equal to or less than
the grant amount established by Department regulation for such
a person. For purposes of eligibility for aid under this
Article, the Department shall disregard all earned income
between the grant amount and 50% of the Federal Poverty Level.
In considering income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. Three-fourths of
the earned income of a household eligible for aid under this
Article shall be disregarded when determining the level of
assistance for which a household is eligible. The Illinois
Department may also permit all or any portion of earned or
other income to be set aside for the future identifiable needs

HB1162 - 65 - LRB098 07992 KTG 38082 b
of a child. The Illinois Department may provide by rule and
regulation for the exemptions thus permitted or required. The
eligibility of any applicant for or recipient of public aid
under this Article is not affected by the payment of any grant
under the "Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act" or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act.
The Illinois Department may, by rule, set forth criteria
under which an assistance unit is ineligible for cash
assistance under this Article for a specified number of months
due to the receipt of a lump sum payment.
(Source: P.A. 96-866, eff. 7-1-10; 97-689, eff. 6-14-12.)
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
Sec. 4-2. Amount of aid.
(a) The amount and nature of financial aid shall be
determined in accordance with the grant amounts, rules and
regulations of the Illinois Department. Due regard shall be
given to the self-sufficiency requirements of the family and to
the income, money contributions and other support and resources
available, from whatever source. However, the amount and nature
of any financial aid is not affected by the payment of any
grant under the "Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act" or any

HB1162 - 66 - LRB098 07992 KTG 38082 b
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The aid shall be sufficient, when
added to all other income, money contributions and support to
provide the family with a grant in the amount established by
Department regulation.
Subject to appropriation, beginning on July 1, 2008, the
Department of Human Services shall increase TANF grant amounts
in effect on June 30, 2008 by 15%. The Department is authorized
to administer this increase but may not otherwise adopt any
rule to implement this increase.
(b) The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in turn
makes payments to the recipients in the form of salary or other
employment benefits. The Illinois Department shall by rule
specify the terms and conditions of such Grant Diversion
Projects. Such projects shall take into consideration and be
coordinated with the programs administered under the Illinois
Emergency Employment Development Act.
(c) The amount and nature of the financial aid for a child
requiring care outside his own home shall be determined in
accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements of
the child in the foster home or institution in which he has

HB1162 - 67 - LRB098 07992 KTG 38082 b
been placed.
(d) If the Department establishes grants for family units
consisting exclusively of a pregnant woman with no dependent
child or including her husband if living with her, the grant
amount for such a unit shall be equal to the grant amount for
an assistance unit consisting of one adult, or 2 persons if the
husband is included. Other than as herein described, an unborn
child shall not be counted in determining the size of an
assistance unit or for calculating grants.
Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living shall be prescribed, by rule, by the Illinois
Department.
Grants under this Article shall not be supplemented by
General Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person with
whom the child or children are living, except for such amount
as is paid in behalf of the child or his parent or other
relative to other persons or agencies pursuant to this Code or
the rules and regulations of the Illinois Department.
(f) Subject to subsection (f-5), an assistance unit,
receiving financial aid under this Article or temporarily
ineligible to receive aid under this Article under a penalty
imposed by the Illinois Department for failure to comply with
the eligibility requirements or that voluntarily requests
termination of financial assistance under this Article and

HB1162 - 68 - LRB098 07992 KTG 38082 b
becomes subsequently eligible for assistance within 9 months,
shall not receive any increase in the amount of aid solely on
account of the birth of a child; except that an increase is not
prohibited when the birth is (i) of a child of a pregnant woman
who became eligible for aid under this Article during the
pregnancy, or (ii) of a child born within 10 months after the
date of implementation of this subsection, or (iii) of a child
conceived after a family became ineligible for assistance due
to income or marriage and at least 3 months of ineligibility
expired before any reapplication for assistance. This
subsection does not, however, prevent a unit from receiving a
general increase in the amount of aid that is provided to all
recipients of aid under this Article.
The Illinois Department is authorized to transfer funds,
and shall use any budgetary savings attributable to not
increasing the grants due to the births of additional children,
to supplement existing funding for employment and training
services for recipients of aid under this Article IV. The
Illinois Department shall target, to the extent the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the
birth of a child. In addition, the Illinois Department shall
provide, to the extent the supplemental funding allows, such
families with up to 24 months of transitional child care
pursuant to Illinois Department rules. All remaining
supplemental funds shall be used for employment and training

HB1162 - 69 - LRB098 07992 KTG 38082 b
services or transitional child care support.
In making the transfers authorized by this subsection, the
Illinois Department shall first determine, pursuant to
regulations adopted by the Illinois Department for this
purpose, the amount of savings attributable to not increasing
the grants due to the births of additional children. Transfers
may be made from General Revenue Fund appropriations for
distributive purposes authorized by Article IV of this Code
only to General Revenue Fund appropriations for employability
development services including operating and administrative
costs and related distributive purposes under Article IXA of
this Code. The Director, with the approval of the Governor,
shall certify the amount and affected line item appropriations
to the State Comptroller.
Nothing in this subsection shall be construed to prohibit
the Illinois Department from using funds under this Article IV
to provide assistance in the form of vouchers that may be used
to pay for goods and services deemed by the Illinois
Department, by rule, as suitable for the care of the child such
as diapers, clothing, school supplies, and cribs.
(f-5) Subsection (f) shall not apply to affect the monthly
assistance amount of any family as a result of the birth of a
child on or after January 1, 2004. As resources permit after
January 1, 2004, the Department may cease applying subsection
(f) to limit assistance to families receiving assistance under
this Article on January 1, 2004, with respect to children born

HB1162 - 70 - LRB098 07992 KTG 38082 b
prior to that date. In any event, subsection (f) shall be
completely inoperative on and after July 1, 2007.
(g) (Blank).
(h) Notwithstanding any other provision of this Code, the
Illinois Department is authorized to reduce payment levels used
to determine cash grants under this Article after December 31
of any fiscal year if the Illinois Department determines that
the caseload upon which the appropriations for the current
fiscal year are based have increased by more than 5% and the
appropriation is not sufficient to ensure that cash benefits
under this Article do not exceed the amounts appropriated for
those cash benefits. Reductions in payment levels may be
accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the
limitation on the number of emergency rules that may be adopted
in a 24-month period shall not apply and the provisions of
Sections 5-115 and 5-125 of the Illinois Administrative
Procedure Act shall not apply. Increases in payment levels
shall be accomplished only in accordance with Section 5-40 of
the Illinois Administrative Procedure Act. Before any rule to
increase payment levels promulgated under this Section shall
become effective, a joint resolution approving the rule must be
adopted by a roll call vote by a majority of the members
elected to each chamber of the General Assembly.
(Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)

HB1162 - 71 - LRB098 07992 KTG 38082 b
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV, excluding any eligibility
requirements that are inconsistent with any federal law or
federal regulation, as interpreted by the U.S. Department
of Health and Human Services, but who fail to qualify
thereunder on the basis of need or who qualify but are not
receiving basic maintenance under Article IV, and who have
insufficient income and resources to meet the costs of
necessary medical care, including but not limited to the
following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in

HB1162 - 72 - LRB098 07992 KTG 38082 b
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus
Budget Reconciliation Act of 1981, applicable to
families of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined in item (i) of this
subparagraph (a).
(b) All persons who, excluding any eligibility
requirements that are inconsistent with any federal
law or federal regulation, as interpreted by the U.S.
Department of Health and Human Services, would be
determined eligible for such basic maintenance under
Article IV by disregarding the maximum earned income
permitted by federal law.

HB1162 - 73 - LRB098 07992 KTG 38082 b
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care to
the maximum extent possible under Title XIX of the Federal
Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care

HB1162 - 74 - LRB098 07992 KTG 38082 b
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care
to the maximum extent permitted under Title XIX of the
Federal Social Security Act.
7. (Blank).
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of
adults and children who become ineligible for basic
maintenance assistance under Article VI of this Code due to

HB1162 - 75 - LRB098 07992 KTG 38082 b
employment earnings. The plan for coverage for this class
of persons shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic
maintenance assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or

HB1162 - 76 - LRB098 07992 KTG 38082 b
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59 1/2,

HB1162 - 77 - LRB098 07992 KTG 38082 b
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public

HB1162 - 78 - LRB098 07992 KTG 38082 b
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
In addition to the persons who are eligible for medical
assistance pursuant to subparagraphs (1) and (2) of this
paragraph 12, and to be paid from funds appropriated to the
Department for its medical programs, any uninsured person
as defined by the Department in rules residing in Illinois
who is younger than 65 years of age, who has been screened
for breast and cervical cancer in accordance with standards
and procedures adopted by the Department of Public Health
for screening, and who is referred to the Department by the
Department of Public Health as being in need of treatment
for breast or cervical cancer is eligible for medical
assistance benefits that are consistent with the benefits
provided to those persons described in subparagraphs (1)
and (2). Medical assistance coverage for the persons who
are eligible under the preceding sentence is not dependent
on federal approval, but federal moneys may be used to pay
for services provided under that coverage upon federal
approval.

HB1162 - 79 - LRB098 07992 KTG 38082 b
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department
by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending
regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the
appeal. The Department may adopt rules governing the

HB1162 - 80 - LRB098 07992 KTG 38082 b
implementation of this paragraph 14.
15. Family Care Eligibility.
(a) On and after July 1, 2012, a caretaker relative
who is 19 years of age or older when countable income
is at or below 133% of the Federal Poverty Level
Guidelines, as published annually in the Federal
Register, for the appropriate family size. A person may
not spend down to become eligible under this paragraph
15.
(b) Eligibility shall be reviewed annually.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Following termination of an individual's
coverage under this paragraph 15, the individual must
be determined eligible before the person can be
re-enrolled.
16. Subject to appropriation, uninsured persons who
are not otherwise eligible under this Section who have been
certified and referred by the Department of Public Health
as having been screened and found to need diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment, for prostate or testicular cancer. For the

HB1162 - 81 - LRB098 07992 KTG 38082 b
purposes of this paragraph 16, uninsured persons are those
who do not have creditable coverage, as defined under the
Health Insurance Portability and Accountability Act, or
have otherwise exhausted any insurance benefits they may
have had, for prostate or testicular cancer diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment. To be eligible, a person must furnish a Social
Security number. A person's assets are exempt from
consideration in determining eligibility under this
paragraph 16. Such persons shall be eligible for medical
assistance under this paragraph 16 for so long as they need
treatment for the cancer. A person shall be considered to
need treatment if, in the opinion of the person's treating
physician, the person requires therapy directed toward
cure or palliation of prostate or testicular cancer,
including recurrent metastatic cancer that is a known or
presumed complication of prostate or testicular cancer and
complications resulting from the treatment modalities
themselves. Persons who require only routine monitoring
services are not considered to need treatment. "Medical
assistance" under this paragraph 16 shall be identical to
the benefits provided under the State's approved plan under
Title XIX of the Social Security Act. Notwithstanding any
other provision of law, the Department (i) does not have a
claim against the estate of a deceased recipient of
services under this paragraph 16 and (ii) does not have a

HB1162 - 82 - LRB098 07992 KTG 38082 b
lien against any homestead property or other legal or
equitable real property interest owned by a recipient of
services under this paragraph 16.
17. Persons who, pursuant to a waiver approved by the
Secretary of the U.S. Department of Health and Human
Services, are eligible for medical assistance under Title
XIX or XXI of the federal Social Security Act.
Notwithstanding any other provision of this Code and
consistent with the terms of the approved waiver, the
Illinois Department, may by rule:
(a) Limit the geographic areas in which the waiver
program operates.
(b) Determine the scope, quantity, duration, and
quality, and the rate and method of reimbursement, of
the medical services to be provided, which may differ
from those for other classes of persons eligible for
assistance under this Article.
(c) Restrict the persons' freedom in choice of
providers.
In implementing the provisions of Public Act 96-20, the
Department is authorized to adopt only those rules necessary,
including emergency rules. Nothing in Public Act 96-20 permits
the Department to adopt rules or issue a decision that expands
eligibility for the FamilyCare Program to a person whose income
exceeds 185% of the Federal Poverty Level as determined from
time to time by the U.S. Department of Health and Human

HB1162 - 83 - LRB098 07992 KTG 38082 b
Services, unless the Department is provided with express
statutory authority.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7 as
soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the
amount of assets of a married couple to be disregarded shall
not be less than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person

HB1162 - 84 - LRB098 07992 KTG 38082 b
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
Notwithstanding any other provision of this Code, if the
United States Supreme Court holds Title II, Subtitle A, Section
2001(a) of Public Law 111-148 to be unconstitutional, or if a
holding of Public Law 111-148 makes Medicaid eligibility
allowed under Section 2001(a) inoperable, the State or a unit
of local government shall be prohibited from enrolling
individuals in the Medical Assistance Program as the result of
federal approval of a State Medicaid waiver on or after the
effective date of this amendatory Act of the 97th General
Assembly, and any individuals enrolled in the Medical
Assistance Program pursuant to eligibility permitted as a
result of such a State Medicaid waiver shall become immediately
ineligible.
Notwithstanding any other provision of this Code, if an Act
of Congress that becomes a Public Law eliminates Section
2001(a) of Public Law 111-148, the State or a unit of local
government shall be prohibited from enrolling individuals in
the Medical Assistance Program as the result of federal
approval of a State Medicaid waiver on or after the effective
date of this amendatory Act of the 97th General Assembly, and
any individuals enrolled in the Medical Assistance Program
pursuant to eligibility permitted as a result of such a State

HB1162 - 85 - LRB098 07992 KTG 38082 b
Medicaid waiver shall become immediately ineligible.
(Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09;
96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48,
eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11;
97-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff.
7-13-12; revised 7-23-12.)
(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
Sec. 5-4. Amount and nature of medical assistance.
(a) The amount and nature of medical assistance shall be
determined in accordance with the standards, rules, and
regulations of the Department of Healthcare and Family
Services, with due regard to the requirements and conditions in
each case, including contributions available from legally
responsible relatives. However, the amount and nature of such
medical assistance shall not be affected by the payment of any
grant under the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The amount and nature of medical
assistance shall not be affected by the receipt of donations or
benefits from fundraisers in cases of serious illness, as long
as neither the person nor members of the person's family have
actual control over the donations or benefits or the

HB1162 - 86 - LRB098 07992 KTG 38082 b
disbursement of the donations or benefits.
In determining the income and resources available to the
institutionalized spouse and to the community spouse, the
Department of Healthcare and Family Services shall follow the
procedures established by federal law. If an institutionalized
spouse or community spouse refuses to comply with the
requirements of Title XIX of the federal Social Security Act
and the regulations duly promulgated thereunder by failing to
provide the total value of assets, including income and
resources, to the extent either the institutionalized spouse or
community spouse has an ownership interest in them pursuant to
42 U.S.C. 1396r-5, such refusal may result in the
institutionalized spouse being denied eligibility and
continuing to remain ineligible for the medical assistance
program based on failure to cooperate.
Subject to federal approval, the community spouse resource
allowance shall be established and maintained at the higher of
$109,560 or the minimum level permitted pursuant to Section
1924(f)(2) of the Social Security Act, as now or hereafter
amended, or an amount set after a fair hearing, whichever is
greater. The monthly maintenance allowance for the community
spouse shall be established and maintained at the higher of
$2,739 per month or the minimum level permitted pursuant to
Section 1924(d)(3)(C) of the Social Security Act, as now or
hereafter amended, or an amount set after a fair hearing,
whichever is greater. Subject to the approval of the Secretary

HB1162 - 87 - LRB098 07992 KTG 38082 b
of the United States Department of Health and Human Services,
the provisions of this Section shall be extended to persons who
but for the provision of home or community-based services under
Section 4.02 of the Illinois Act on the Aging, would require
the level of care provided in an institution, as is provided
for in federal law.
(b) Spousal support for institutionalized spouses
receiving medical assistance.
(i) The Department may seek support for an
institutionalized spouse, who has assigned his or her right
of support from his or her spouse to the State, from the
resources and income available to the community spouse.
(ii) The Department may bring an action in the circuit
court to establish support orders or itself establish
administrative support orders by any means and procedures
authorized in this Code, as applicable, except that the
standard and regulations for determining ability to
support in Section 10-3 shall not limit the amount of
support that may be ordered.
(iii) Proceedings may be initiated to obtain support,
or for the recovery of aid granted during the period such
support was not provided, or both, for the obtainment of
support and the recovery of the aid provided. Proceedings
for the recovery of aid may be taken separately or they may
be consolidated with actions to obtain support. Such
proceedings may be brought in the name of the person or

HB1162 - 88 - LRB098 07992 KTG 38082 b
persons requiring support or may be brought in the name of
the Department, as the case requires.
(iv) The orders for the payment of moneys for the
support of the person shall be just and equitable and may
direct payment thereof for such period or periods of time
as the circumstances require, including support for a
period before the date the order for support is entered. In
no event shall the orders reduce the community spouse
resource allowance below the level established in
subsection (a) of this Section or an amount set after a
fair hearing, whichever is greater, or reduce the monthly
maintenance allowance for the community spouse below the
level permitted pursuant to subsection (a) of this Section.
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
Sec. 5A-8. Hospital Provider Fund.
(a) There is created in the State Treasury the Hospital
Provider Fund. Interest earned by the Fund shall be credited to
the Fund. The Fund shall not be used to replace any moneys
appropriated to the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving moneys
in accordance with Section 5A-6 and disbursing moneys only for
the following purposes, notwithstanding any other provision of
law:
(1) For making payments to hospitals as required under

HB1162 - 89 - LRB098 07992 KTG 38082 b
this Code, under the Children's Health Insurance Program
Act, under the Covering ALL KIDS Health Insurance Act,
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act, and under the
Long Term Acute Care Hospital Quality Improvement Transfer
Program Act.
(2) For the reimbursement of moneys collected by the
Illinois Department from hospitals or hospital providers
through error or mistake in performing the activities
authorized under this Code.
(3) For payment of administrative expenses incurred by
the Illinois Department or its agent in performing
activities under this Code, under the Children's Health
Insurance Program Act, under the Covering ALL KIDS Health
Insurance Act, and under the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act.
(4) For payments of any amounts which are reimbursable
to the federal government for payments from this Fund which
are required to be paid by State warrant.
(5) For making transfers, as those transfers are
authorized in the proceedings authorizing debt under the
Short Term Borrowing Act, but transfers made under this
paragraph (5) shall not exceed the principal amount of debt
issued in anticipation of the receipt by the State of
moneys to be deposited into the Fund.
(6) For making transfers to any other fund in the State

HB1162 - 90 - LRB098 07992 KTG 38082 b
treasury, but transfers made under this paragraph (6) shall
not exceed the amount transferred previously from that
other fund into the Hospital Provider Fund plus any
interest that would have been earned by that fund on the
monies that had been transferred.
(6.5) For making transfers to the Healthcare Provider
Relief Fund, except that transfers made under this
paragraph (6.5) shall not exceed $60,000,000 in the
aggregate.
(7) For making transfers not exceeding the following
amounts, in State fiscal years 2013 and 2014 in each State
fiscal year during which an assessment is imposed pursuant
to Section 5A-2, to the following designated funds:
Health and Human Services Medicaid Trust
Fund..............................$20,000,000
Long-Term Care Provider Fund..........$30,000,000
General Revenue Fund.................$80,000,000.
Transfers under this paragraph shall be made within 7 days
after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.1) For making transfers not exceeding the following
amounts, in State fiscal year 2015, to the following
designated funds:
Health and Human Services Medicaid Trust
Fund..............................$10,000,000

HB1162 - 91 - LRB098 07992 KTG 38082 b
Long-Term Care Provider Fund..........$15,000,000
General Revenue Fund.................$40,000,000.
Transfers under this paragraph shall be made within 7 days
after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.5) (Blank).
(7.8) (Blank).
(7.9) (Blank).
(7.10) For State fiscal years 2013 and 2014, for making
transfers of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital
providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated
funds not exceeding the following amounts in that State
fiscal year:
Health Care Provider Relief Fund......$50,000,000
Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.11) For State fiscal year 2015, for making transfers
of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital
providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated

HB1162 - 92 - LRB098 07992 KTG 38082 b
funds not exceeding the following amounts in that State
fiscal year:
Health Care Provider Relief Fund.....$25,000,000
Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(8) For making refunds to hospital providers pursuant
to Section 5A-10.
Disbursements from the Fund, other than transfers
authorized under paragraphs (5) and (6) of this subsection,
shall be by warrants drawn by the State Comptroller upon
receipt of vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the hospital provider assessment imposed
by this Article.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(4) Moneys transferred from another fund in the State
treasury.

HB1162 - 93 - LRB098 07992 KTG 38082 b
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) (Blank).
(Source: P.A. 96-3, eff. 2-27-09; 96-45, eff. 7-15-09; 96-821,
eff. 11-20-09; 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12;
97-689, eff. 6-14-12; revised 10-17-12.)
(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
Sec. 6-1.2. Need. Income available to the person, when
added to contributions in money, substance, or services from
other sources, including contributions from legally
responsible relatives, must be insufficient to equal the grant
amount established by Department regulation (or by local
governmental unit in units which do not receive State funds)
for such a person.
In determining income to be taken into account:
(1) The first $75 of earned income in income assistance
units comprised exclusively of one adult person shall be
disregarded, and for not more than 3 months in any 12
consecutive months that portion of earned income beyond the
first $75 that is the difference between the standard of
assistance and the grant amount, shall be disregarded.
(2) For income assistance units not comprised
exclusively of one adult person, when authorized by rules
and regulations of the Illinois Department, a portion of
earned income, not to exceed the first $25 a month plus 50%

HB1162 - 94 - LRB098 07992 KTG 38082 b
of the next $75, may be disregarded for the purpose of
stimulating and aiding rehabilitative effort and
self-support activity.
"Earned income" means money earned in self-employment or
wages, salary, or commission for personal services performed as
an employee. The eligibility of any applicant for or recipient
of public aid under this Article is not affected by the payment
of any grant under the "Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act", any
refund or payment of the federal Earned Income Tax Credit, or
any distributions or items of income described under
subparagraph (X) of paragraph (2) of subsection (a) of Section
203 of the Illinois Income Tax Act.
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
Sec. 6-2. Amount of aid. The amount and nature of General
Assistance for basic maintenance requirements shall be
determined in accordance with local budget standards for local
governmental units which do not receive State funds. For local
governmental units which do receive State funds, the amount and
nature of General Assistance for basic maintenance
requirements shall be determined in accordance with the
standards, rules and regulations of the Illinois Department.
However, the amount and nature of any financial aid is not
affected by the payment of any grant under the Senior Citizens

HB1162 - 95 - LRB098 07992 KTG 38082 b
and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act or any distributions or items of income
described under subparagraph (X) of paragraph (2) of subsection
(a) of Section 203 of the Illinois Income Tax Act. Due regard
shall be given to the requirements and the conditions existing
in each case, and to the income, money contributions and other
support and resources available, from whatever source. In local
governmental units which do not receive State funds, the grant
shall be sufficient when added to all other income, money
contributions and support in excess of any excluded income or
resources, to provide the person with a grant in the amount
established for such a person by the local governmental unit
based upon standards meeting basic maintenance requirements.
In local governmental units which do receive State funds, the
grant shall be sufficient when added to all other income, money
contributions and support in excess of any excluded income or
resources, to provide the person with a grant in the amount
established for such a person by Department regulation based
upon standards providing a livelihood compatible with health
and well-being, as directed by Section 12-4.11 of this Code.
The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in turn
makes payments to the recipients in the form of salary or other
employment benefits. The Illinois Department shall by rule

HB1162 - 96 - LRB098 07992 KTG 38082 b
specify the terms and conditions of such Grant Diversion
Projects. Such projects shall take into consideration and be
coordinated with the programs administered under the Illinois
Emergency Employment Development Act.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to such maximum payment.
Payments may also be made to provide persons receiving
basic maintenance support with necessary treatment, care and
supplies required because of illness or disability or with
acute medical treatment, care, and supplies. Payments for
necessary or acute medical care under this paragraph may be
made to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of a recipient's
death may be paid, subject to the rules and regulations of the
Illinois Department, after the death of the recipient.
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
Public Aid Recoveries Trust Fund shall consist of (1)
recoveries by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) authorized by this
Code in respect to applicants or recipients under Articles III,
IV, V, and VI, including recoveries made by the Department of
Healthcare and Family Services (formerly Illinois Department

HB1162 - 97 - LRB098 07992 KTG 38082 b
of Public Aid) from the estates of deceased recipients, (2)
recoveries made by the Department of Healthcare and Family
Services (formerly Illinois Department of Public Aid) in
respect to applicants and recipients under the Children's
Health Insurance Program Act, and the Covering ALL KIDS Health
Insurance Act, and the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act, (3)
federal funds received on behalf of and earned by State
universities and local governmental entities for services
provided to applicants or recipients covered under this Code,
the Children's Health Insurance Program Act, and the Covering
ALL KIDS Health Insurance Act, and the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act, (3.5) federal financial participation revenue
related to eligible disbursements made by the Department of
Healthcare and Family Services from appropriations required by
this Section, and (4) all other moneys received to the Fund,
including interest thereon. The Fund shall be held as a special
fund in the State Treasury.
Disbursements from this Fund shall be only (1) for the
reimbursement of claims collected by the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) through error or mistake, (2) for payment to
persons or agencies designated as payees or co-payees on any
instrument, whether or not negotiable, delivered to the
Department of Healthcare and Family Services (formerly

HB1162 - 98 - LRB098 07992 KTG 38082 b
Illinois Department of Public Aid) as a recovery under this
Section, such payment to be in proportion to the respective
interests of the payees in the amount so collected, (3) for
payments to the Department of Human Services for collections
made by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) on behalf of the
Department of Human Services under this Code, the Children's
Health Insurance Program Act, and the Covering ALL KIDS Health
Insurance Act, (4) for payment of administrative expenses
incurred in performing the activities authorized under this
Code, the Children's Health Insurance Program Act, and the
Covering ALL KIDS Health Insurance Act, and the Senior Citizens
and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act, (5) for payment of fees to persons or agencies
in the performance of activities pursuant to the collection of
monies owed the State that are collected under this Code, the
Children's Health Insurance Program Act, and the Covering ALL
KIDS Health Insurance Act, and the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act,
(6) for payments of any amounts which are reimbursable to the
federal government which are required to be paid by State
warrant by either the State or federal government, and (7) for
payments to State universities and local governmental entities
of federal funds for services provided to applicants or
recipients covered under this Code, the Children's Health
Insurance Program Act, and the Covering ALL KIDS Health

HB1162 - 99 - LRB098 07992 KTG 38082 b
Insurance Act, and the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act.
Disbursements from this Fund for purposes of items (4) and (5)
of this paragraph shall be subject to appropriations from the
Fund to the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid).
The balance in this Fund on the first day of each calendar
quarter, after payment therefrom of any amounts reimbursable to
the federal government, and minus the amount reasonably
anticipated to be needed to make the disbursements during that
quarter authorized by this Section, shall be certified by the
Director of Healthcare and Family Services and transferred by
the State Comptroller to the Drug Rebate Fund or the Healthcare
Provider Relief Fund in the State Treasury, as appropriate,
within 30 days of the first day of each calendar quarter. The
Director of Healthcare and Family Services may certify and the
State Comptroller shall transfer to the Drug Rebate Fund
amounts on a more frequent basis.
On July 1, 1999, the State Comptroller shall transfer the
sum of $5,000,000 from the Public Aid Recoveries Trust Fund
(formerly the Public Assistance Recoveries Trust Fund) into the
DHS Recoveries Trust Fund.
(Source: P.A. 96-1100, eff. 1-1-11; 97-647, eff. 1-1-12;
97-689, eff. 6-14-12.)
Section 40. The Senior Citizens and Disabled Persons

HB1162 - 100 - LRB098 07992 KTG 38082 b
Property Tax Relief Act is amended by changing the title of the
Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, 9,
12, and 13 as follows:
(320 ILCS 25/Act title)
An Act in relation to the payment of grants to enable the
elderly and the disabled to acquire or retain private housing
and to acquire prescription drugs.
(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
Sec. 1. Short title; common name. This Article shall be
known and may be cited as the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act.
Common references to the "Circuit Breaker Act" mean this
Article. As used in this Article, "this Act" means this
Article.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/1.5)
Sec. 1.5. Implementation of Executive Order No. 3 of 2004;
termination of the Illinois Senior Citizens and Disabled
Persons Pharmaceutical Assistance Program. Executive Order No.
3 of 2004, in part, provided for the transfer of the programs
under this Act from the Department of Revenue to the Department
on Aging and the Department of Healthcare and Family Services.
It is the purpose of this amendatory Act of the 96th General

HB1162 - 101 - LRB098 07992 KTG 38082 b
Assembly to conform this Act and certain related provisions of
other statutes to that Executive Order. This amendatory Act of
the 96th General Assembly also makes other substantive changes
to this Act.
It is the purpose of this amendatory Act of the 97th
General Assembly to terminate the Illinois Senior Citizens and
Disabled Persons Pharmaceutical Assistance Program on July 1,
2012.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
Sec. 2. Purpose. The purpose of this Act is to provide
incentives to the senior citizens and disabled persons of this
State to acquire and retain private housing of their choice and
at the same time to relieve those citizens from the burdens of
extraordinary property taxes and rising drug costs against
their increasingly restricted earning power, and thereby to
reduce the requirements for public housing in this State.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/3.05a)
Sec. 3.05a. Additional resident. "Additional resident"
means a person who (i) is living in the same residence with a
claimant for the claim year and at the time of filing the
claim, (ii) is not the spouse of the claimant, (iii) does not
file a separate claim under this Act for the same period, and

HB1162 - 102 - LRB098 07992 KTG 38082 b
(iv) receives more than half of his or her total financial
support for that claim year from the household. An Prior to
July 1, 2012, an additional resident who meets qualifications
may receive pharmaceutical assistance based on a claimant's
application.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
Sec. 3.10. Regulations. "Regulations" includes both rules
promulgated and forms prescribed by the applicable Department.
In this Act, references to the rules of the Department on Aging
or the Department of Healthcare and Family Services, in effect
prior to July 1, 2012, shall be deemed to include, in
appropriate cases, the corresponding rules adopted by the
Department of Revenue, to the extent that those rules continue
in force under Executive Order No. 3 of 2004.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24

HB1162 - 103 - LRB098 07992 KTG 38082 b
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and any
disabled person whose annual household income is less than the
income eligibility limitation, as defined in subsection (a-5)
and whose household is liable for payment of property taxes
accrued or has paid rent constituting property taxes accrued
and is domiciled in this State at the time he or she files his
or her claim is entitled to claim a grant under this Act. With
respect to claims filed by individuals who will become 65 years
old during the calendar year in which a claim is filed, the
amount of any grant to which that household is entitled shall
be an amount equal to 1/12 of the amount to which the claimant
would otherwise be entitled as provided in this Section,
multiplied by the number of months in which the claimant was 65
in the calendar year in which the claim is filed.
(a-5) Income eligibility limitation. For purposes of this
Section, "income eligibility limitation" means an amount for
grant years 2008 and thereafter:
(1) less than $22,218 for a household containing one
person;
(2) less than $29,480 for a household containing 2
persons; or
(3) less than $36,740 for a household containing 3 or
more persons.
For 2009 claim year applications submitted during calendar

HB1162 - 104 - LRB098 07992 KTG 38082 b
year 2010, a household must have annual household income of
less than $27,610 for a household containing one person; less
than $36,635 for a household containing 2 persons; or less than
$45,657 for a household containing 3 or more persons.
The Department on Aging may adopt rules such that on
January 1, 2011, and thereafter, the foregoing household income
eligibility limits may be changed to reflect the annual cost of
living adjustment in Social Security and Supplemental Security
Income benefits that are applicable to the year for which those
benefits are being reported as income on an application.
If a person files as a surviving spouse, then only his or
her income shall be counted in determining his or her household
income.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount of
grant which a claimant is entitled to claim is the amount by
which the property taxes accrued which were paid or payable
during the last preceding tax year or rent constituting
property taxes accrued upon the claimant's residence for the
last preceding taxable year exceeds 3 1/2% of the claimant's
household income for that year but in no event is the grant to
exceed (i) $700 less 4.5% of household income for that year for
those with a household income of $14,000 or less or (ii) $70 if
household income for that year is more than $14,000.
(c) Public aid recipients. If household income in one or
more months during a year includes cash assistance in excess of

HB1162 - 105 - LRB098 07992 KTG 38082 b
$55 per month from the Department of Healthcare and Family
Services or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) which was determined under regulations
of that Department on a measure of need that included an
allowance for actual rent or property taxes paid by the
recipient of that assistance, the amount of grant to which that
household is entitled, except as otherwise provided in
subsection (a), shall be the product of (1) the maximum amount
computed as specified in subsection (b) of this Section and (2)
the ratio of the number of months in which household income did
not include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant to
which the household is entitled shall be the maximum amount
computed as specified in subsection (b) of this Section. For
purposes of this paragraph (c), "cash assistance" does not
include any amount received under the federal Supplemental
Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued used
in computing the amount of grant to which he or she is entitled
shall be the same percentage of property taxes accrued as is
the percentage of ownership held by the claimant in the
residence.

HB1162 - 106 - LRB098 07992 KTG 38082 b
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the case
of property taxes accrued, he or she shall prorate 1/12 of the
total property taxes accrued on his or her residence to each
month that he or she owned and occupied that residence; and, in
the case of rent constituting property taxes accrued, shall
prorate each month's rent payments to the residence actually
occupied during that month.
(f) (Blank).
(g) There Effective January 1, 2006, there is hereby
established a program of pharmaceutical assistance to the aged
and disabled, entitled the Illinois Seniors and Disabled Drug
Coverage Program, which shall be administered by the Department
of Healthcare and Family Services and the Department on Aging
in accordance with this subsection, to consist of coverage of
specified prescription drugs on behalf of beneficiaries of the
program as set forth in this subsection. Notwithstanding any
provisions of this Act to the contrary, on and after July 1,
2012, pharmaceutical assistance under this Act shall no longer
be provided, and on July 1, 2012 the Illinois Senior Citizens
and Disabled Persons Pharmaceutical Assistance Program shall
terminate. The following provisions that concern the Illinois
Senior Citizens and Disabled Persons Pharmaceutical Assistance
Program shall continue to apply on and after July 1, 2012 to
the extent necessary to pursue any actions authorized by

HB1162 - 107 - LRB098 07992 KTG 38082 b
subsection (d) of Section 9 of this Act with respect to acts
which took place prior to July 1, 2012.
To become a beneficiary under the program established under
this subsection, a person must:
(1) be (i) 65 years of age or older or (ii) disabled;
and
(2) be domiciled in this State; and
(3) enroll with a qualified Medicare Part D
Prescription Drug Plan if eligible and apply for all
available subsidies under Medicare Part D; and
(4) for the 2006 and 2007 claim years, have a maximum
household income of (i) less than $21,218 for a household
containing one person, (ii) less than $28,480 for a
household containing 2 persons, or (iii) less than $35,740
for a household containing 3 or more persons; and
(5) for the 2008 claim year, have a maximum household
income of (i) less than $22,218 for a household containing
one person, (ii) $29,480 for a household containing 2
persons, or (iii) $36,740 for a household containing 3 or
more persons; and
(6) for 2009 claim year applications submitted during
calendar year 2010, have annual household income of less
than (i) $27,610 for a household containing one person;
(ii) less than $36,635 for a household containing 2
persons; or (iii) less than $45,657 for a household
containing 3 or more persons; and

HB1162 - 108 - LRB098 07992 KTG 38082 b
(4) (7) as of September 1, 2011, have a maximum
household income at or below 200% of the federal poverty
level.
All individuals enrolled as of December 31, 2005, in the
pharmaceutical assistance program operated pursuant to
subsection (f) of this Section and all individuals enrolled as
of December 31, 2005, in the SeniorCare Medicaid waiver program
operated pursuant to Section 5-5.12a of the Illinois Public Aid
Code shall be automatically enrolled in the program established
by this subsection for the first year of operation without the
need for further application, except that they must apply for
Medicare Part D and the Low Income Subsidy under Medicare Part
D. A person enrolled in the pharmaceutical assistance program
operated pursuant to subsection (f) of this Section as of
December 31, 2005, shall not lose eligibility in future years
due only to the fact that the person has they have not reached
the age of 65.
To the extent permitted by federal law, the Department may
act as an authorized representative of a beneficiary in order
to enroll the beneficiary in a Medicare Part D Prescription
Drug Plan if the beneficiary has failed to choose a plan and,
where possible, to enroll beneficiaries in the low-income
subsidy program under Medicare Part D or assist them in
enrolling in that program.
Beneficiaries under the program established under this
subsection shall be divided into the following 4 eligibility

HB1162 - 109 - LRB098 07992 KTG 38082 b
groups:
(A) Eligibility Group 1 shall consist of beneficiaries
who are not eligible for Medicare Part D coverage and who
are:
(i) disabled and under age 65; or
(ii) age 65 or older, with incomes over 200% of the
Federal Poverty Level; or
(iii) age 65 or older, with incomes at or below
200% of the Federal Poverty Level and not eligible for
federally funded means-tested benefits due to
immigration status.
(B) Eligibility Group 2 shall consist of beneficiaries
who are eligible for Medicare Part D coverage.
(C) Eligibility Group 3 shall consist of beneficiaries
age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration
status and are not eligible for Medicare Part D coverage.
If the State applies and receives federal approval for
a waiver under Title XIX of the Social Security Act,
persons in Eligibility Group 3 shall continue to receive
benefits through the approved waiver, and Eligibility
Group 3 may be expanded to include disabled persons under
age 65 with incomes under 200% of the Federal Poverty Level
who are not eligible for Medicare and who are not barred
from receiving federally funded means-tested benefits due

HB1162 - 110 - LRB098 07992 KTG 38082 b
to immigration status.
(D) Eligibility Group 4 shall consist of beneficiaries
who are otherwise described in Eligibility Group 2 who have
a diagnosis of HIV or AIDS.
The program established under this subsection shall cover
the cost of covered prescription drugs in excess of the
beneficiary cost-sharing amounts set forth in this paragraph
that are not covered by Medicare. The Department of Healthcare
and Family Services may establish by emergency rule changes in
cost-sharing necessary to conform the cost of the program to
the amounts appropriated for State fiscal year 2012 and future
fiscal years except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 of the Illinois Administrative Procedure Act
shall not apply to rules adopted under this subsection (g). The
adoption of emergency rules authorized by this subsection (g)
shall be deemed to be necessary for the public interest,
safety, and welfare.
For purposes of the program established under this
subsection, the term "covered prescription drug" has the
following meanings:
For Eligibility Group 1, "covered prescription drug"
means: (1) any cardiovascular agent or drug; (2) any
insulin or other prescription drug used in the treatment of
diabetes, including syringe and needles used to administer
the insulin; (3) any prescription drug used in the

HB1162 - 111 - LRB098 07992 KTG 38082 b
treatment of arthritis; (4) any prescription drug used in
the treatment of cancer; (5) any prescription drug used in
the treatment of Alzheimer's disease; (6) any prescription
drug used in the treatment of Parkinson's disease; (7) any
prescription drug used in the treatment of glaucoma; (8)
any prescription drug used in the treatment of lung disease
and smoking-related illnesses; (9) any prescription drug
used in the treatment of osteoporosis; and (10) any
prescription drug used in the treatment of multiple
sclerosis. The Department may add additional therapeutic
classes by rule. The Department may adopt a preferred drug
list within any of the classes of drugs described in items
(1) through (10) of this paragraph. The specific drugs or
therapeutic classes of covered prescription drugs shall be
indicated by rule.
For Eligibility Group 2, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
For Eligibility Group 3, "covered prescription drug"
means those drugs covered by the Medical Assistance Program
under Article V of the Illinois Public Aid Code.
For Eligibility Group 4, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.

HB1162 - 112 - LRB098 07992 KTG 38082 b
Any person otherwise eligible for pharmaceutical
assistance under this subsection whose covered drugs are
covered by any public program is ineligible for assistance
under this subsection to the extent that the cost of those
drugs is covered by the other program.
The Department of Healthcare and Family Services shall
establish by rule the methods by which it will provide for the
coverage called for in this subsection. Those methods may
include direct reimbursement to pharmacies or the payment of a
capitated amount to Medicare Part D Prescription Drug Plans.
For a pharmacy to be reimbursed under the program
established under this subsection, it must comply with rules
adopted by the Department of Healthcare and Family Services
regarding coordination of benefits with Medicare Part D
Prescription Drug Plans. A pharmacy may not charge a
Medicare-enrolled beneficiary of the program established under
this subsection more for a covered prescription drug than the
appropriate Medicare cost-sharing less any payment from or on
behalf of the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services or the
Department on Aging, as appropriate, may adopt rules regarding
applications, counting of income, proof of Medicare status,
mandatory generic policies, and pharmacy reimbursement rates
and any other rules necessary for the cost-efficient operation
of the program established under this subsection.
(h) A qualified individual is not entitled to duplicate

HB1162 - 113 - LRB098 07992 KTG 38082 b
benefits in a coverage period as a result of the changes made
by this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333,
eff. 8-12-11; 97-689, eff. 6-14-12.)
(320 ILCS 25/4.05)
Sec. 4.05. Application.
(a) The Department on Aging shall establish the content,
required eligibility and identification information, use of
social security numbers, and manner of applying for benefits in
a simplified format under this Act, including claims filed for
new or renewed prescription drug benefits.
(b) An application may be filed on paper or over the
Internet to enable persons to apply separately or for both a
property tax relief grant and pharmaceutical assistance on the
same application. An application may also enable persons to
apply for other State or federal programs that provide medical
or pharmaceutical assistance or other benefits, as determined
by the Department on Aging in conjunction with the Department
of Healthcare and Family Services.
(c) Applications must be filed during the time period
prescribed by the Department.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
Sec. 5. Procedure.

HB1162 - 114 - LRB098 07992 KTG 38082 b
(a) In general. Claims must be filed after January 1, on
forms prescribed by the Department. No claim may be filed more
than one year after December 31 of the year for which the claim
is filed.
(b) Claim is Personal. The right to file a claim under this
Act shall be personal to the claimant and shall not survive his
death, but such right may be exercised on behalf of a claimant
by his legal guardian or attorney-in-fact. If a claimant dies
after having filed a timely claim, the amount thereof shall be
disbursed to his surviving spouse or, if no spouse survives, to
his surviving dependent minor children in equal parts, provided
the spouse or child, as the case may be, resided with the
claimant at the time he filed his claim. If at the time of
disbursement neither the claimant nor his spouse is surviving,
and no dependent minor children of the claimant are surviving
the amount of the claim shall escheat to the State.
(c) One claim per household. Only one member of a household
may file a claim under this Act in any calendar year; where
both members of a household are otherwise entitled to claim a
grant under this Act, they must agree as to which of them will
file a claim for that year.
(d) (Blank).
(e) Pharmaceutical Assistance Procedures. The Prior to
July 1, 2012, the Department of Healthcare and Family Services
shall determine eligibility for pharmaceutical assistance
using the applicant's current income. The Department shall

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

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accordingly.
(c) Fraudulent claims. The Department shall deny claims
which have been fraudulently prepared or when it finds that the
claimant has acquired title to his residence or has paid rent
for his residence primarily for the purpose of receiving a
grant under this Act.
(d) (Blank).
(e) Pharmaceutical Assistance. The Department shall allow
all pharmacies licensed under the Pharmacy Practice Act to
participate as authorized pharmacies unless they have been
removed from that status for cause pursuant to the terms of
this Section. The Director of the Department may enter into a
written contract with any State agency, instrumentality or
political subdivision, or a fiscal intermediary for the purpose
of making payments to authorized pharmacies for covered
prescription drugs and coordinating the program of
pharmaceutical assistance established by this Act with other
programs that provide payment for covered prescription drugs.
Such agreement shall establish procedures for properly
contracting for pharmacy services, validating reimbursement
claims, validating compliance of dispensing pharmacists with
the contracts for participation required under this Section,
validating the reasonable costs of covered prescription drugs,
and otherwise providing for the effective administration of
this Act.
The Department shall promulgate rules and regulations to

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

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

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dollar, the Department shall pay to the claimant one dollar.
(c) Right to appeal. Any person aggrieved by an action or
determination of the Department on Aging arising under any of
its powers or duties under this Act may request in writing that
the Department on Aging reconsider its action or determination,
setting out the facts upon which the request is based. The
Department on Aging shall consider the request and either
modify or affirm its prior action or determination. The
Department on Aging may adopt, by rule, procedures for
conducting its review under this Section.
Any person aggrieved by an action or determination of the
Department of Healthcare and Family Services arising under any
of its powers or duties under this Act may request in writing
that the Department of Healthcare and Family Services
reconsider its action or determination, setting out the facts
upon which the request is based. The Department of Healthcare
and Family Services shall consider the request and either
modify or affirm its prior action or determination. The
Department of Healthcare and Family Services may adopt, by
rule, procedures for conducting its review under this Section.
(d) (Blank).
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
Sec. 8. Records. Every claimant of a grant under this Act
and, prior to July 1, 2012, every applicant for pharmaceutical

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

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

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

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of eligible citizens of the benefits under this Act and the
procedures for applying for them.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
Sec. 13. List of persons who have qualified. The Department
on Aging shall maintain a list of all persons who have
qualified under this Act and shall make the list available to
the Department of Healthcare and Family Services, the
Department of Public Health, the Secretary of State,
municipalities, and public transit authorities upon request.
All information received by a State agency, municipality,
or public transit authority under this Section shall be
confidential, except for official purposes, and any person who
divulges or uses that information in any manner, except in
accordance with a proper judicial order, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
Section 45. The Senior Citizens Real Estate Tax Deferral
Act is amended by changing Sections 2 and 8 as follows:
(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
Sec. 2. Definitions. As used in this Act:
(a) "Taxpayer" means an individual whose household income
for the year is no greater than: (i) $40,000 through tax year

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2005; (ii) $50,000 for tax years 2006 through 2011; and (iii)
$55,000 for tax year 2012 and thereafter.
(b) "Tax deferred property" means the property upon which
real estate taxes are deferred under this Act.
(c) "Homestead" means the land and buildings thereon,
including a condominium or a dwelling unit in a multidwelling
building that is owned and operated as a cooperative, occupied
by the taxpayer as his residence or which are temporarily
unoccupied by the taxpayer because such taxpayer is temporarily
residing, for not more than 1 year, in a licensed facility as
defined in Section 1-113 of the Nursing Home Care Act.
(d) "Real estate taxes" or "taxes" means the taxes on real
property for which the taxpayer would be liable under the
Property Tax Code, including special service area taxes, and
special assessments on benefited real property for which the
taxpayer would be liable to a unit of local government.
(e) "Department" means the Department of Revenue.
(f) "Qualifying property" means a homestead which (a) the
taxpayer or the taxpayer and his spouse own in fee simple or
are purchasing in fee simple under a recorded instrument of
sale, (b) is not income-producing property, (c) is not subject
to a lien for unpaid real estate taxes when a claim under this
Act is filed, and (d) is not held in trust, other than an
Illinois land trust with the taxpayer identified as the sole
beneficiary, if the taxpayer is filing for the program for the
first time effective as of the January 1, 2011 assessment year

HB1162 - 125 - LRB098 07992 KTG 38082 b
or tax year 2012 and thereafter.
(g) "Equity interest" means the current assessed valuation
of the qualified property times the fraction necessary to
convert that figure to full market value minus any outstanding
debts or liens on that property. In the case of qualifying
property not having a separate assessed valuation, the
appraised value as determined by a qualified real estate
appraiser shall be used instead of the current assessed
valuation.
(h) "Household income" has the meaning ascribed to that
term in the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act.
(i) "Collector" means the county collector or, if the taxes
to be deferred are special assessments, an official designated
by a unit of local government to collect special assessments.
(Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
(320 ILCS 30/8) (from Ch. 67 1/2, par. 458)
Sec. 8. Nothing in this Act (a) affects any provision of
any mortgage or other instrument relating to land requiring a
person to pay real estate taxes or (b) affects the eligibility
of any person to receive any grant pursuant to the "Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act".
(Source: P.A. 97-689, eff. 6-14-12.)

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

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and pharmacies, also offer prescription drug discount or
coverage programs.
(6) Many seniors are unaware of the myriad of public and
private programs available to them.
(7) Establishing a pharmaceutical clearinghouse with a
toll-free hot-line and local outreach workers will educate
seniors about the vast array of options available to them and
enable seniors to make an educated and informed choice that is
best for them.
(8) Estimates indicate that almost one-third of senior
citizens lack prescription drug coverage. The federal
government, states, and the pharmaceutical industry each have a
role in helping these uninsured seniors gain access to
life-saving medications.
(9) The State of Illinois has recognized its obligation to
assist Illinois' neediest seniors in purchasing prescription
medications, and it is now time for pharmaceutical
manufacturers to recognize their obligation to make their
medications affordable to seniors.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 50. The Illinois Vehicle Code is amended by
changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3,
and 11-1301.2 as follows:
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)

HB1162 - 128 - LRB098 07992 KTG 38082 b
Sec. 3-609. Disabled Veterans' Plates.
(a) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and who has obtained certification from a licensed
physician, physician assistant, or advanced practice nurse
that the service-connected disability qualifies the veteran
for issuance of registration plates or decals to a person with
disabilities in accordance with Section 3-616, may, without the
payment of any registration fee, make application to the
Secretary of State for disabled veterans license plates
displaying the international symbol of access, for the
registration of one motor vehicle of the first division or one
motor vehicle of the second division weighing not more than
8,000 pounds.
(b) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and whose degree of disability has been declared to be
50% or more, but whose disability does not qualify the veteran
for a plate or decal for persons with disabilities under
Section 3-616, may, without the payment of any registration
fee, make application to the Secretary for a special
registration plate without the international symbol of access
for the registration of one motor vehicle of the first division
or one motor vehicle of the second division weighing not more
than 8,000 pounds.
(c) Renewal of such registration must be accompanied with

HB1162 - 129 - LRB098 07992 KTG 38082 b
documentation for eligibility of registration without fee
unless the applicant has a permanent qualifying disability, and
such registration plates may not be issued to any person not
eligible therefor. The Illinois Department of Veterans'
Affairs may assist in providing the documentation of
disability.
(d) The design and color of the plates shall be within the
discretion of the Secretary, except that the plates issued
under subsection (b) of this Section shall not contain the
international symbol of access. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of this
Code. Registration shall be for a multi-year period and may be
issued staggered registration.
(e) Any person eligible to receive license plates under
this Section who has been approved for benefits under the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, or who has claimed and received
a grant under that Act, shall pay a fee of $24 instead of the
fee otherwise provided in this Code for passenger cars
displaying standard multi-year registration plates issued
under Section 3-414.1, for motor vehicles registered at 8,000
pounds or less under Section 3-815(a), or for recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b), for a second set of plates under this Section.
(Source: P.A. 96-79, eff. 1-1-10; 97-689, eff. 6-14-12; 97-918,

HB1162 - 130 - LRB098 07992 KTG 38082 b
eff. 1-1-13; revised 8-23-12.)
(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
Sec. 3-623. Purple Heart Plates. The Secretary, upon
receipt of an application made in the form prescribed by the
Secretary of State, may issue to recipients awarded the Purple
Heart by a branch of the armed forces of the United States who
reside in Illinois, special registration plates. The
Secretary, upon receipt of the proper application, may also
issue these special registration plates to an Illinois resident
who is the surviving spouse of a person who was awarded the
Purple Heart by a branch of the armed forces of the United
States. The special plates issued pursuant to this Section
should be affixed only to passenger vehicles of the 1st
division, including motorcycles, or motor vehicles of the 2nd
division weighing not more than 8,000 pounds. The Secretary
may, in his or her discretion, allow the plates to be issued as
vanity or personalized plates in accordance with Section
3-405.1 of this Code. The Secretary of State must make a
version of the special registration plates authorized under
this Section in a form appropriate for motorcycles.
The design and color of such plates shall be wholly within
the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, and the
appropriate registration fee shall accompany the application.
However, for an individual who has been issued Purple Heart

HB1162 - 131 - LRB098 07992 KTG 38082 b
plates for a vehicle and who has been approved for benefits
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act, the annual fee for
the registration of the vehicle shall be as provided in Section
3-806.3 of this Code.
(Source: P.A. 96-1101, eff. 1-1-11; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-626)
Sec. 3-626. Korean War Veteran license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue special registration plates designated as Korean War
Veteran license plates to residents of Illinois who
participated in the United States Armed Forces during the
Korean War. The special plate issued under this Section shall
be affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined by
Section 1-169 of this Code. Plates issued under this Section
shall expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with

HB1162 - 132 - LRB098 07992 KTG 38082 b
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) (Blank).
(d) The Korean War Memorial Construction Fund is created as
a special fund in the State treasury. All moneys in the Korean
War Memorial Construction Fund shall, subject to
appropriation, be used by the Department of Veteran Affairs to
provide grants for construction of the Korean War Memorial to
be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
the completion of the Memorial, the Department of Veteran
Affairs shall certify to the State Treasurer that the
construction of the Memorial has been completed. Upon the
certification by the Department of Veteran Affairs, the State
Treasurer shall transfer all moneys in the Fund and any future
deposits into the Fund into the Secretary of State Special
License Plate Fund.
(e) An individual who has been issued Korean War Veteran
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act shall pay
the original issuance and the regular annual fee for the
registration of the vehicle as provided in Section 3-806.3 of

HB1162 - 133 - LRB098 07992 KTG 38082 b
this Code in addition to the fees specified in subsection (c)
of this Section.
(Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-667)
Sec. 3-667. Korean Service license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue special registration plates designated as Korean Service
license plates to residents of Illinois who, on or after July
27, 1954, participated in the United States Armed Forces in
Korea. The special plate issued under this Section shall be
affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined by
Section 1-169 of this Code. Plates issued under this Section
shall expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the

HB1162 - 134 - LRB098 07992 KTG 38082 b
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) An applicant shall be charged a $2 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Korean War Memorial
Construction Fund a special fund in the State treasury.
(d) An individual who has been issued Korean Service
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act shall pay
the original issuance and the regular annual fee for the
registration of the vehicle as provided in Section 3-806.3 of
this Code in addition to the fees specified in subsection (c)
of this Section.
(Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-683)
Sec. 3-683. Distinguished Service Cross license plates.
The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, shall issue special
registration plates to any Illinois resident who has been
awarded the Distinguished Service Cross by a branch of the
armed forces of the United States. The Secretary, upon receipt
of the proper application, shall also issue these special
registration plates to an Illinois resident who is the

HB1162 - 135 - LRB098 07992 KTG 38082 b
surviving spouse of a person who was awarded the Distinguished
Service Cross by a branch of the armed forces of the United
States. The special plates issued under this Section should be
affixed only to passenger vehicles of the first division,
including motorcycles, or motor vehicles of the second division
weighing not more than 8,000 pounds.
The design and color of the plates shall be wholly within
the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, and the
appropriate registration fee shall accompany the application.
However, for an individual who has been issued Distinguished
Service Cross plates for a vehicle and who has been approved
for benefits under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act, the
annual fee for the registration of the vehicle shall be as
provided in Section 3-806.3 of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior Citizens. Commencing with the 2009
registration year, the registration fee paid by any vehicle
owner who has been approved for benefits under the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act or who is the spouse of such a
person shall be $24 instead of the fee otherwise provided in
this Code for passenger cars displaying standard multi-year

HB1162 - 136 - LRB098 07992 KTG 38082 b
registration plates issued under Section 3-414.1, motor
vehicles displaying special registration plates issued under
Section 3-609, 3-616, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626,
3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, or 3-663,
motor vehicles registered at 8,000 pounds or less under Section
3-815(a), and recreational vehicles registered at 8,000 pounds
or less under Section 3-815(b). Widows and widowers of
claimants shall also be entitled to this reduced registration
fee for the registration year in which the claimant was
eligible.
Commencing with the 2009 registration year, the
registration fee paid by any vehicle owner who has claimed and
received a grant under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act or who is
the spouse of such a person shall be $24 instead of the fee
otherwise provided in this Code for passenger cars displaying
standard multi-year registration plates issued under Section
3-414.1, motor vehicles displaying special registration plates
issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-663, or 3-664, motor vehicles registered at 8,000
pounds or less under Section 3-815(a), and recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b). Widows and widowers of claimants shall also be
entitled to this reduced registration fee for the registration
year in which the claimant was eligible.

HB1162 - 137 - LRB098 07992 KTG 38082 b
No more than one reduced registration fee under this
Section shall be allowed during any 12 month period based on
the primary eligibility of any individual, whether such reduced
registration fee is allowed to the individual or to the spouse,
widow or widower of such individual. This Section does not
apply to the fee paid in addition to the registration fee for
motor vehicles displaying vanity or special license plates.
(Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with
disabilities.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement of
a person with disabilities motorist decal or device and shall
provide for, by administrative rules, the content and form of
an application for a person with disabilities motorist decal or
device, which shall be used by local authorities in the
issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90
days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device
clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois
Identification Card number or a State of Illinois driver's
license number. This decal or device may be used by the

HB1162 - 138 - LRB098 07992 KTG 38082 b
authorized holder to designate and identify a vehicle not owned
or displaying a registration plate as provided in Sections
3-609 and 3-616 of this Act to designate when the vehicle is
being used to transport said person or persons with
disabilities, and thus is entitled to enjoy all the privileges
that would be afforded a person with disabilities licensed
vehicle. Person with disabilities decals or devices issued and
displayed pursuant to this Section shall be recognized and
honored by all local authorities regardless of which local
authority issued such decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a temporary disability as
defined in Section 1-159.1 of this Code.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such decal
or device shall be at the discretion of such local governing
authority.
(c) The Secretary of State may, pursuant to Section
3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section
1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal

HB1162 - 139 - LRB098 07992 KTG 38082 b
or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall
provide by administrative rule for the issuance of a separate
and distinct parking decal or device for persons with
disabilities as defined by Section 1-159.1 of this Code. The
authorized holder of a decal or device issued under this
subsection (c-5) shall be exempt from the payment of fees
generated by parking in a metered space, a parking area subject
to paragraph (10) of subsection (a) of Section 11-209 of this
Code, or a publicly owned parking structure or area.
The Secretary shall issue a meter-exempt decal or device to
a person with disabilities who: (i) has been issued
registration plates under Section 3-609 or 3-616 of this Code
or a special decal or device under this Section, (ii) holds a
valid Illinois driver's license, ; and (iii) is unable to do one
or more of the following:
(1) manage, manipulate, or insert coins, or obtain
tickets or tokens in parking meters or ticket machines in
parking lots or parking structures, due to the lack of fine
motor control of both hands;
(2) reach above his or her head to a height of 42
inches from the ground, due to a lack of finger, hand, or

HB1162 - 140 - LRB098 07992 KTG 38082 b
upper extremity strength or mobility;
(3) approach a parking meter due to his or her use of a
wheelchair or other device for mobility; or
(4) walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in which
the degree of debilitation is so severe that it almost
completely impedes the ability to walk.
The application for a meter-exempt parking decal or device
shall contain a statement certified by a licensed physician,
physician assistant, or advanced practice nurse attesting to
the nature and estimated duration of the applicant's condition
and verifying that the applicant meets the physical
qualifications specified in this subsection (c-5).
Notwithstanding the requirements of this subsection (c-5),
the Secretary shall issue a meter-exempt decal or device to a
person who has been issued registration plates under Section
3-616 of this Code or a special decal or device under this
Section, if the applicant is the parent or guardian of a person
with disabilities who is under 18 years of age and incapable of
driving.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a
$10 fee. The replacement fee may be waived for individuals that
have claimed and received a grant under the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act.

HB1162 - 141 - LRB098 07992 KTG 38082 b
(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000,
eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised
8-3-12.)
Section 55. The Criminal Code of 2012 is amended by
changing Section 17-6.5 as follows:
(720 ILCS 5/17-6.5)
Sec. 17-6.5. Persons under deportation order;
ineligibility for benefits.
(a) An individual against whom a United States Immigration
Judge has issued an order of deportation which has been
affirmed by the Board of Immigration Review, as well as an
individual who appeals such an order pending appeal, under
paragraph 19 of Section 241(a) of the Immigration and
Nationality Act relating to persecution of others on account of
race, religion, national origin or political opinion under the
direction of or in association with the Nazi government of
Germany or its allies, shall be ineligible for the following
benefits authorized by State law:
(1) The homestead exemptions and homestead improvement
exemption under Sections 15-170, 15-175, 15-176, and
15-180 of the Property Tax Code.
(2) Grants under the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance
Act.

HB1162 - 142 - LRB098 07992 KTG 38082 b
(3) The double income tax exemption conferred upon
persons 65 years of age or older by Section 204 of the
Illinois Income Tax Act.
(4) Grants provided by the Department on Aging.
(5) Reductions in vehicle registration fees under
Section 3-806.3 of the Illinois Vehicle Code.
(6) Free fishing and reduced fishing license fees under
Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
(7) Tuition free courses for senior citizens under the
Senior Citizen Courses Act.
(8) Any benefits under the Illinois Public Aid Code.
(b) If a person has been found by a court to have knowingly
received benefits in violation of subsection (a) and:
(1) the total monetary value of the benefits received
is less than $150, the person is guilty of a Class A
misdemeanor; a second or subsequent violation is a Class 4
felony;
(2) the total monetary value of the benefits received
is $150 or more but less than $1,000, the person is guilty
of a Class 4 felony; a second or subsequent violation is a
Class 3 felony;
(3) the total monetary value of the benefits received
is $1,000 or more but less than $5,000, the person is
guilty of a Class 3 felony; a second or subsequent
violation is a Class 2 felony;
(4) the total monetary value of the benefits received

HB1162 - 143 - LRB098 07992 KTG 38082 b
is $5,000 or more but less than $10,000, the person is
guilty of a Class 2 felony; a second or subsequent
violation is a Class 1 felony; or
(5) the total monetary value of the benefits received
is $10,000 or more, the person is guilty of a Class 1
felony.
(c) For purposes of determining the classification of an
offense under this Section, all of the monetary value of the
benefits received as a result of the unlawful act, practice, or
course of conduct may be accumulated.
(d) Any grants awarded to persons described in subsection
(a) may be recovered by the State of Illinois in a civil action
commenced by the Attorney General in the circuit court of
Sangamon County or the State's Attorney of the county of
residence of the person described in subsection (a).
(e) An individual described in subsection (a) who has been
deported shall be restored to any benefits which that
individual has been denied under State law pursuant to
subsection (a) if (i) the Attorney General of the United States
has issued an order cancelling deportation and has adjusted the
status of the individual to that of an alien lawfully admitted
for permanent residence in the United States or (ii) the
country to which the individual has been deported adjudicates
or exonerates the individual in a judicial or administrative
proceeding as not being guilty of the persecution of others on
account of race, religion, national origin, or political

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opinion under the direction of or in association with the Nazi
government of Germany or its allies.
(Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB1162 - 145 - LRB098 07992 KTG 38082 b
INDEX
Statutes amended in order of appearance
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
15 ILCS 405/10.05 from Ch. 15, par. 210.05
30 ILCS 105/6z-52
30 ILCS 105/6z-81
30 ILCS 740/2-15.2
30 ILCS 740/2-15.3
35 ILCS 200/15-172
35 ILCS 200/15-175
35 ILCS 200/20-15
35 ILCS 200/21-27
35 ILCS 515/7 from Ch. 120, par. 1207
70 ILCS 3605/51
70 ILCS 3605/52
70 ILCS 3610/8.6
70 ILCS 3610/8.7
70 ILCS 3615/3A.15
70 ILCS 3615/3A.16
70 ILCS 3615/3B.14
70 ILCS 3615/3B.15
110 ILCS 990/1 from Ch. 144, par. 1801
220 ILCS 10/9 from Ch. 111 2/3, par. 909
305 ILCS 5/3-1.2 from Ch. 23, par. 3-1.2
305 ILCS 5/3-5 from Ch. 23, par. 3-5
HB1162 - 146 - LRB098 07992 KTG 38082 b
305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6
305 ILCS 5/4-2 from Ch. 23, par. 4-2
305 ILCS 5/5-2 from Ch. 23, par. 5-2
305 ILCS 5/5-4 from Ch. 23, par. 5-4
305 ILCS 5/5A-8 from Ch. 23, par. 5A-8
305 ILCS 5/6-1.2 from Ch. 23, par. 6-1.2
305 ILCS 5/6-2 from Ch. 23, par. 6-2
305 ILCS 5/12-9 from Ch. 23, par. 12-9
320 ILCS 25/Act title
320 ILCS 25/1 from Ch. 67 1/2, par. 401
320 ILCS 25/1.5
320 ILCS 25/2 from Ch. 67 1/2, par. 402
320 ILCS 25/3.05a
320 ILCS 25/3.10 from Ch. 67 1/2, par. 403.10
320 ILCS 25/4 from Ch. 67 1/2, par. 404
320 ILCS 25/4.05
320 ILCS 25/5 from Ch. 67 1/2, par. 405
320 ILCS 25/6 from Ch. 67 1/2, par. 406
320 ILCS 25/7 from Ch. 67 1/2, par. 407
320 ILCS 25/8 from Ch. 67 1/2, par. 408
320 ILCS 25/9 from Ch. 67 1/2, par. 409
320 ILCS 25/12 from Ch. 67 1/2, par. 412
320 ILCS 25/13 from Ch. 67 1/2, par. 413
320 ILCS 30/2 from Ch. 67 1/2, par. 452
320 ILCS 30/8 from Ch. 67 1/2, par. 458
320 ILCS 50/5
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