HB4585ham003 95TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 5/7/2008

09500HB4585ham003 LRB095 15275 DRJ 50239 a

AMENDMENT TO HOUSE BILL 4585

AMENDMENT NO. ______. Amend House Bill 4585 by replacing everything after the enacting clause with the following:

"Section 5. 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", approved September 29, 1969, as amended, 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 Disabled Person Identification Card stating that the claimant is under a Class 2 disability, as provided in Section 4A of the 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 Disabled Person Identification Card designating the applicant's disability as a Class 2 disability, or by affidavit in substantially the following form:

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)

...........................

(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 of Revenue under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act," approved July 17, 1972, as amended.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 10. 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.

(b) "Mailing" means any communication by a State agency, other than a mailing made by the Department of Revenue 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.

(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. 87-205.)

Section 15. The Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act is amended by changing Sections 1, 2, 3.01, 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 7, 8, 8a, 9, 10, 11, 12, and 13 and by adding Sections 1.5, 3.01a, 3.03a, 3.05a, 4A, 5A, 5A.5, 5A.10, 5A.15, 5A.20, 6A, 6A.5, 6A.10, 6A.15, 6A.20, 6A.25, 6A.30, 6A.35, and 7.5 as follows:

(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. 83-1531.)

(320 ILCS 25/1.5 new)

Sec. 1.5. Implementation of Executive Order No. 3 of 2004. 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 95th General Assembly to conform this Act and certain related provisions of other statutes to that Executive Order. This amendatory Act of the 95th General Assembly also reorganizes and makes technical and other changes to this Act to improve its organization and readability. This amendatory Act of the 95th General Assembly does not accelerate or delay the taking effect of any changes in the law made by Executive Order No. 3 of 2004.

(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. 77-2059.)

(320 ILCS 25/3.01) (from Ch. 67 1/2, par. 403.01)

Sec. 3.01. Claimant. "Claimant" means an individual who has filed a claim for a property tax relief grant under this Act. In appropriate contexts, "claimant" also includes a person who has applied for pharmaceutical assistance under this Act or for other benefits that are based on eligibility for benefits under this Act.

(Source: P.A. 77-2059.)

(320 ILCS 25/3.01a new)

Sec. 3.01a. Claim year. "Claim year" means the calendar year prior to the period of time during which a claimant may file an application for benefits under this Act.

(320 ILCS 25/3.03a new)

Sec. 3.03a. Federal Poverty Level. "Federal Poverty Level" means the federal poverty income guidelines as determined annually by the United States Department of Health and Human Services and updated periodically in the Federal Register by that Department under the authority of 42 U.S.C. 9902(2).

(320 ILCS 25/3.04) (from Ch. 67 1/2, par. 403.04)

Sec. 3.04. Gross rent. "Gross rent Rent" means the total amount paid solely for the right to occupy a residence.

If the residence is a nursing or sheltered care home, "gross rent" means the amount paid in a taxable year that is attributable to the cost of housing, but not of meals or care, for the claimant in that home, determined in accordance with regulations of the Department on Aging.

(Source: P.A. 78-1249; 78-1297.)

(320 ILCS 25/3.05) (from Ch. 67 1/2, par. 403.05)

Sec. 3.05. Household. "Household" means a claimant or a claimant and his or her spouse, if any, living together in the same residence. The term does not include any additional resident who lives with the claimant.

(Source: P.A. 77-2059.)

(320 ILCS 25/3.05a new)

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 (iv) receives more than half of his or her total financial support for that claim year from the household.

(320 ILCS 25/3.06) (from Ch. 67 1/2, par. 403.06)

Sec. 3.06. Household income. "Household income" means the combined income of the members of a household. The term does not include the income of any qualified additional resident who lives with the claimant.

(Source: P.A. 77-2059.)

(320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)

Sec. 3.07. Income. "Income" means adjusted gross income, properly reportable for federal income tax purposes under the provisions of the Internal Revenue Code, modified by adding thereto the sum of the following amounts to the extent deducted or excluded from gross income in the computation of adjusted gross income:

(A) An amount equal to all amounts paid or accrued as interest or dividends during the taxable year;

(B) An amount equal to the amount of tax imposed by the Illinois Income Tax Act paid for the taxable year;

(C) An amount equal to all amounts received during the taxable year as an annuity under an annuity, endowment or life insurance contract or under any other contract or agreement;

(D) An amount equal to the amount of benefits paid under the Federal Social Security Act during the taxable year;

(E) An amount equal to the amount of benefits paid under the Railroad Retirement Act during the taxable year;

(F) An amount equal to the total amount of cash public assistance payments received from any governmental agency during the taxable year other than benefits received pursuant to this Act;

(G) An amount equal to any net operating loss carryover deduction or capital loss carryover deduction during the taxable year;

(H) An For claim years beginning on or after January 1, 2002, an amount equal to any benefits received under the Workers' Compensation Act or the Workers' Occupational Diseases Act during the taxable year.

"Income" does not include any grant assistance received under the Nursing Home Grant 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.

This amendatory Act of 1987 shall be effective for purposes of this Section for tax years ending on or after December 31, 1987.

(Source: P.A. 91-676, eff. 12-23-99; 92-131, eff. 7-23-01; 92-519, eff. 1-1-02.)

(320 ILCS 25/3.08) (from Ch. 67 1/2, par. 403.08)

Sec. 3.08. Internal Revenue Code. "Internal Revenue Code" means the United States Internal Revenue Code of 1986 1954 or any successor law or laws relating to federal income taxes in effect for the year.

(Source: P.A. 77-2059.)

(320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)

Sec. 3.09. Property taxes accrued. "Property taxes accrued" means the ad valorem property taxes extended against a residence, but does not include special assessments, interest or charges for service. In the case of real estate improved with a multidwelling or multipurpose building, "property taxes accrued" extended against a residence within such a building is an amount equal to the same percentage of the total property taxes extended against that real estate as improved as the value of the residence is to the total value of the building. If the multidwelling building is owned and operated as a cooperative, the value of an individual residence is the value of the interest in the cooperative held by the owner of record of the legal or equitable interest, other than a leasehold interest, in the cooperative which confers the right to occupy that residence. In determining the amount of grant under Section 5A.15 4 for 1976 and thereafter, the applicable "property taxes accrued", as determined under this Section, are those payable or paid in the last preceding taxable year.

In addition, if the residence is a mobile home as defined in and subject to the tax imposed by the Mobile Home Local Services Tax Act, "property taxes accrued" includes the amount of privilege tax paid during the calendar year for which benefits are claimed under that Act on that mobile home. If Beginning in taxable year 1999, if (i) the residence is a mobile home, (ii) the resident is the record owner of the property upon which the mobile home is located, and (iii) the resident is liable for the taxes imposed under the Property Tax Code for both the mobile home and the property, then "property taxes accrued" includes the amount of property taxes paid on both the mobile home and the property upon which the mobile home is located.

(Source: P.A. 91-357, eff. 7-29-99; 91-391, eff. 7-30-99.)

(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 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. 77-2059.)

(320 ILCS 25/3.11) (from Ch. 67 1/2, par. 403.11)

Sec. 3.11. Rent constituting property taxes accrued. "Rent constituting property taxes accrued" means 25% of the amount of gross rent paid in a taxable year for a residence that which was subject to ad valorem property taxes in that year under the Property Tax Code.

(Source: P.A. 87-860; 88-670, eff. 12-2-94.)

(320 ILCS 25/3.12) (from Ch. 67 1/2, par. 403.12)

Sec. 3.12. Residence. "Residence" means the principal dwelling place occupied in this State by a household and so much of the surrounding land as is reasonably necessary for use of the dwelling as a home, and includes rental property, mobile homes, single family dwellings, and units in multifamily, multidwelling or multipurpose buildings. If the assessor has established a specific legal description for a portion of property constituting the residence, then that portion of property shall be deemed "residence" for the purposes of this Act. "Residence" also includes that portion of a nursing or sheltered care home occupied as a dwelling by a claimant, determined as prescribed in regulations of the Department on Aging.

(Source: P.A. 78-1249.)

(320 ILCS 25/3.13) (from Ch. 67 1/2, par. 403.13)

Sec. 3.13. Taxable year. "Taxable year" means the calendar year during which ad valorem property taxes payable in the next succeeding calendar year were levied.

(Source: P.A. 77-2059.)

(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)

Sec. 3.14. Disabled person. "Disabled person" means a person unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months. Disabled persons filing claims under this Act shall submit proof of disability in such form and manner as the Department on Aging shall by rule and regulation prescribe. Proof that a claimant is eligible to receive disability benefits under the federal Federal Social Security Act shall constitute proof of disability for purposes of this Act. Issuance of an Illinois Disabled Person Identification Card stating that the claimant is under a Class 2 disability, as defined in Section 4A of the The Illinois Identification Card Act, shall constitute proof that the person named thereon is a disabled person for purposes of this Act. A disabled person not covered under the federal Federal Social Security Act and not presenting a Disabled Person Identification Card stating that the claimant is under a Class 2 disability shall be examined by a physician designated by the Department on Aging, and his or her status as a disabled person determined using the same standards as are used by the Social Security Administration. The costs of any required examination shall be borne by the claimant.

(Source: P.A. 83-1421.)

(320 ILCS 25/4A new)

Sec. 4A. Application.

(a) The Department on Aging shall establish the form, required eligibility and identification information, use of social security numbers, and manner of applying for benefits under this Act including claims filed on an emergency basis for new or renewed prescription drug benefits.

(b) The application may enable persons to apply separately or for both a property tax relief grant and pharmaceutical assistance on the same application. The 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.

(320 ILCS 25/5A new)

Sec. 5A. Property Tax Relief; program. There is hereby established a program of property tax relief grants for senior citizens and disabled persons, which shall be administered by the Department on Aging in accordance with this Act and Executive Order No. 3 of 2004. These grants shall be payable to eligible claimants as provided in this Act.

(320 ILCS 25/5A.5 new)

Sec. 5A.5. Property Tax Relief; filing of claims.

(a) A person may file a claim for the year in which he or she turns age 65 during that year.

(b) Only one member of a household may file a claim under this Act for the claim year; if 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 claim year.

(c) The right to file a claim under this Act is personal to the claimant and shall not survive his or her death, but that right may be exercised on behalf of a claimant by his or her legal guardian or attorney-in-fact. If a claimant dies after having filed a timely claim, the amount of the grant shall be disbursed to the claimant's surviving spouse or, if no spouse survives, to his or her surviving dependent minor children in equal parts, provided that the spouse or child, as the case may be, resided with the claimant at the time he or she filed the claim. If at the time of disbursement neither the claimant nor his or her spouse survive, and no dependent minor children of the claimant survive, then the amount of the claim shall escheat to the State.

(320 ILCS 25/5A.10 new)

Sec. 5A.10. Property Tax Relief; eligibility.

(a) To be eligible to claim a grant under this Act, a person must be one of the following:

(1) An individual who is 65 years old or older (or who will become 65 years old during the calendar year in which the claim is filed).

(2) The surviving spouse of a deceased claimant who, at the time of death, received or was entitled to receive a grant or pharmaceutical assistance under this Act, if the surviving spouse will attain age 65 within the 24 months immediately following the death of the claimant and is otherwise qualified to receive a grant.

(3) A disabled person who is 16 years old or older.

(b) To be eligible to claim a grant under this Act, a person must also be a member of a household that meets all of the following requirements:

(1) In the year for which the claim is filed, the household was liable for payment of property taxes accrued or paid rent constituting property taxes accrued.

(2) The household is domiciled in this State at the time of filing the claim.

(3) The household has annual household income of (i) less than $22,218 for a one-person household with no qualified additional residents; (ii) less than $29,480 for a one-person household with one qualified additional resident or a 2-person household with no qualified additional residents; or (iii) less than $36,740 for a one-person household with 2 or more qualified additional residents or a 2-person household with one or more qualified additional residents, as adjusted for any income exemptions established through rulemaking adopted by the Department on Aging. ("Annual household income" does not include the income of any qualified additional residents.)

On January 1, 2009, a one-time reconciliation shall be made to the foregoing household income eligibility limits to ensure correlation with any income exemptions established through rulemaking adopted by the Department of Healthcare and Family Services for pharmaceutical assistance.

If any household income eligibility limit is less than 200% of the Federal Poverty Level for any year, the household income eligibility limit for that year for households of that size shall be income equal to or less than 200% of the Federal Poverty Level.

(c) Eligibility to receive a grant under this Act is not affected by participation in the program of deferrals created under the Senior Citizens Real Estate Tax Deferral Act.

(d) A qualified individual is not entitled to duplicate benefits in a claim year as a result of the changes made by this amendatory Act of 95th General Assembly.

(320 ILCS 25/5A.15 new)

Sec. 5A.15. Property Tax Relief; amount.

(a) In general. Except as otherwise provided in this Section, the maximum amount of the grant that a claimant is entitled to claim is the amount by which the property taxes accrued that were paid or payable during the last preceding tax year upon the claimant's residence (or the rent constituting property taxes accrued for the last preceding tax year) exceeds 3.5% 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 a claimant with a household income of $14,000 or less or (ii) $70 for a claimant with a household income for that year of more than $14,000.

(b) Age limitation. With respect to a claim filed by an individual who will become 65 years old during the calendar year in which the 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, multiplied by the number of months in which the claimant was 65 years of age or older in the calendar year in which the claim is filed.

(c) Public aid recipients. If household income in one or more months during a year includes cash assistance in excess of $55 per month from the Department of Human Services, 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 (b), shall be the product of (1) the maximum amount computed as specified in subsection (a) 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 12. 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 (a) of this Section. For purposes of this subsection (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 grant to which the claimant is entitled shall be computed using a percentage of the total property taxes accrued that is the same as the percentage of ownership held by the claimant in the residence.

(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, the amount of the grant shall be prorated by 1/12 of the total property taxes accrued on his or her residence for each month that he or she owned and occupied that residence; and, in the case of rent constituting property taxes accrued, the amount of the grant shall be prorated for each month's rent payments on the residence actually occupied during that month.

(f) Claims of one dollar and under. If the amount of a grant computed under this Section is less than one dollar, the Department on Aging shall pay to the claimant one dollar.

(320 ILCS 25/5A.20 new)

Sec. 5A.20. Property Tax Relief; administration of claims.

(a) In general. Upon receipt of a timely filed claim, the Department on Aging shall determine whether the claimant is a person entitled to a grant under this Act and the amount of a grant to which he or she is entitled under this Act. The Department on Aging 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 the additional proof is furnished.

(b) Rental determination. If the Department on Aging 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 on Aging may determine the fair rental value for that residence and recompute rent constituting property taxes accrued accordingly.

(c) Fraudulent claims. The Department on Aging shall deny a claim if it determines that the claim was fraudulently prepared or that the claimant has acquired title to his or her residence or has paid rent for his or her residence primarily for the purpose of receiving a grant under this Act.

(d) Payment; notice. If a claim for a grant under this Act is approved, the Department on Aging shall order the grant to be paid to the claimant, from appropriations made for that purpose, in the amount determined by the Department on Aging, as provided in this Act. If a claim is denied, the Department on Aging shall cause written notice of the denial and reasons for the denial to be sent to the claimant.

(e) The Department on Aging may enter into contracts and other agreements to implement and administer its powers and duties under this Act.

(f) 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 5A.

(320 ILCS 25/6A new)

Sec. 6A. Pharmaceutical Assistance; program. 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 Act and Executive Order No. 3 of 2004, to consist of coverage of specified prescription drugs on behalf of beneficiaries of the program.

(320 ILCS 25/6A.5 new)

Sec. 6A.5. Pharmaceutical Assistance; eligibility; rules.

(a) To become a beneficiary under the program established under Section 6A, a person must meet all of the following requirements:

(1) He or she must be (i) 65 years of age or older or (ii) a disabled person who is 16 years old or older.

(2) He or she must be domiciled in this State at the time of filing the claim and while receiving prescription drug coverage.

(3) He or she must enroll with a qualified Medicare Part D Prescription Drug Plan if eligible and apply for all available subsidies under Medicare Part D, unless he or she has creditable prescription drug coverage as defined at 42 CFR 423.56(a).

(4) He or she must have an annual household income of (i) less than $22,218 for a one-person household with no qualified additional residents; (ii) less than $29,480 for a one-person household with one qualified additional resident or a 2-person household with no qualified additional residents; or (iii) less than $36,740 for a one-person household with 2 or more qualified additional residents or a 2-person household with one or more qualified additional residents, as adjusted for any income exemptions established through rulemaking adopted by the Department of Healthcare and Family Services. ("Annual household income" does not include the income of any qualified additional residents.)

If any income eligibility limit set forth in items (i) through (iii) is less than 200% of the Federal Poverty Level for any year, the income eligibility limit for that year for households of that size shall be income equal to or less than 200% of the Federal Poverty Level.

(b) Income eligibility for pharmaceutical assistance shall be determined using the applicant's current annual household income. The Department of Healthcare and Family Services, in cooperation with the Department on Aging, may define by rule a manner of projecting current annual household income when income is expected to decline.

(c) In order to receive pharmaceutical assistance under this Act, each eligible person must also sign a statement assigning to the State of Illinois the drug benefits that may be otherwise claimed under any private insurance plan.

(d) If both members of a household meet all of the requirements of this Section, then they are both eligible for pharmaceutical assistance under this Act. A qualified additional resident is not eligible for pharmaceutical assistance.

(e) Any person otherwise eligible for pharmaceutical assistance under this Section whose covered prescription 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.

(f) A qualified individual is not entitled to duplicate benefits in a coverage period as a result of the changes made by this amendatory Act of 95th General Assembly.

(320 ILCS 25/6A.10 new)

Sec. 6A.10. Pharmaceutical Assistance; Medicare Part D. To the extent permitted by federal law, the Department of Healthcare and Family Services 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, when possible, to enroll a beneficiary in the low-income subsidy program under Medicare Part D or assist him or her in enrolling in that program.

(320 ILCS 25/6A.15 new)

Sec. 6A.15. Pharmaceutical Assistance; beneficiary groups. Beneficiaries under the program shall be divided into the following 5 eligibility groups:

(1) Eligibility Group 1 shall consist of beneficiaries who are not eligible for Medicare Part D coverage and who are any of the following:

(A) Disabled and under age 65.

(B) Age 65 or older, with incomes over 200% of the Federal Poverty Level.

(C) 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.

(2) Eligibility Group 2 shall consist of beneficiaries otherwise described in Eligibility Group 1 but who are eligible for Medicare Part D coverage.

(3) 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 eligible for Medicare Part D coverage.

(4) Eligibility Group 4 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 4 shall continue to receive benefits through the approved waiver, and Eligibility Group 4 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 to immigration status.

(5) On and after January 1, 2007, Eligibility Group 5 shall consist of beneficiaries who are otherwise described in Eligibility Groups 2 and 3 who have a diagnosis of HIV or AIDS.

(320 ILCS 25/6A.20 new)

Sec. 6A.20. Pharmaceutical Assistance; cost-sharing.

(a) For beneficiaries in Eligibility Groups 2, 3, and 5, the program established under Section 6A shall cover the cost of covered prescription drugs in excess of the beneficiary cost-sharing amounts set forth in this Section that are not covered by Medicare. Beneficiaries in all Eligibility Groups shall pay co-payments equal to the co-payments required under Medicare Part D for "other low income subsidy eligible individuals" pursuant to 42 CFR 423.782(b).

(b) For individuals in Eligibility Groups 1 and 4, once the program established under Section 6A has paid an amount equivalent to the amount established as the initial coverage limit defined at 42 CFR 423.104(d)(3), the beneficiary shall pay 20% of the cost of each prescription in addition to the co-payments set forth in this Section. For individuals in Eligibility Groups 2, 3, and 5, once the Medicare Part D initial coverage limit defined at 42 CFR 423.104(d)(3) has been reached for the year, the beneficiary shall pay 20% of the cost of each prescription in addition to the co-payments set forth in this Section.

(c) For individuals in Eligibility Group 5, co-payments and cost-sharing shall be as described in subsection (b) of this Section unless the drug is included in the formulary of the Illinois AIDS Drug Assistance Program operated by the Illinois Department of Public Health and in the Medicare Part D plan's formulary. If the drug is included in the formulary of the Illinois AIDS Drug Assistance Program and the Medicare Part D plan's formulary, individuals in Eligibility Group 5 shall continue to pay the co-payments required under Medicare Part D for "other low income subsidy eligible individuals" pursuant to 42 CFR 423.782(b) for the entire benefit year.

(d) For beneficiaries eligible for Medicare Part D coverage, the program established under Section 6A shall pay 100% of the monthly premium charged by a qualified Medicare Part D Prescription Drug Plan for basic Medicare Part D prescription drug coverage, as defined at 42 CFR 423.100, not including any late enrollment penalties; or 100% of the monthly premium charged by a qualified Medicare Part D Prescription Drug Plan for enhanced Medicare Part D prescription drug coverage, as defined at 42 CFR 423.104, provided that the enhanced Medicare Part D prescription drug coverage is cost effective for the Department of Healthcare and Family Services. Qualified Medicare Part D Prescription Drug Plans may be limited by the Department of Healthcare and Family Services to those plans that sign a coordination agreement with the Department.

(320 ILCS 25/6A.25 new)

Sec. 6A.25. Pharmaceutical Assistance; covered prescription drugs.

(a) Drugs indicated only for the treatment of erectile dysfunction are not covered for any Eligibility Group.

For purposes of the program established under Section 6A, the term "covered prescription drug" has the following meanings:

(1) For Eligibility Group 1, "covered prescription drug" means the following:

(A) Any cardiovascular agent or drug.

(B) Any insulin or other prescription drug used in the treatment of diabetes, including syringes and needles used to administer the insulin.

(C) Any prescription drug used in the treatment of arthritis.

(D) Any prescription drug used in the treatment of cancer.

(E) Any prescription drug used in the treatment of Alzheimer's disease.

(F) Any prescription drug used in the treatment of Parkinson's disease.

(G) Any prescription drug used in the treatment of glaucoma.

(H) Any prescription drug used in the treatment of lung disease and smoking related illnesses.

(I) Any prescription drug used in the treatment of osteoporosis.

(J) Any prescription drug used in the treatment of multiple sclerosis.

The Department of Healthcare and Family Services 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 (A) through (J) of this paragraph (1). The specific drugs or therapeutic classes of covered prescription drugs shall be indicated by rule.

(2) For Eligibility Group 2, "covered prescription drug" means those drugs covered for Eligibility Group 1 that are also covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled.

(3) For Eligibility Group 3, "covered prescription drug" means those drugs covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled.

(4) For Eligibility Group 4, "covered prescription drug" means those drugs covered by the Medical Assistance Program under Article V of the Illinois Public Aid Code.

(5) For Eligibility Group 5, for individuals otherwise described in Eligibility Group 2, "covered prescription drug" means all of the following:

(A) Those drugs covered for Eligibility Group 2 that are also covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled.

(B) Those drugs included in the formulary of the Illinois AIDS Drug Assistance Program operated by the Illinois Department of Public Health that are also covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled.

For Eligibility Group 5, for individuals otherwise described in Eligibility Group 3, "covered prescription drug" means those drugs covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled.

(b) A beneficiary may opt to receive a monthly payment (rebate) in lieu of the direct drug coverage described in this Section, provided that if he or she is eligible for Medicare, he or she is enrolled in a third party plan that provides creditable prescription drug coverage as defined at 42 CFR 423.56(a) or is enrolled in a Medicare Part D plan that is not coordinating benefits with the Illinois Seniors and Disabled Drug Coverage Program. For a beneficiary not eligible for Medicare, in order to receive the foregoing monthly payment, he or she must be enrolled in a third party plan that provides drug coverage. The monthly payment amount shall be equivalent to the highest monthly premium of a coordinating Medicare Part D plan providing Medicare Part D basic prescription drug benefits. Individuals who are enrolled in Medicare Part D and qualify for a full low income subsidy available through the Social Security Administration are not entitled to receive the foregoing monthly payment.

(320 ILCS 25/6A.30 new)

Sec. 6A.30. Pharmaceutical Assistance; payments to authorized pharmacies.

(a) The Department of Healthcare and Family Services shall establish by rule the methods by which it will provide for the coverage called for in the program established under Section 6A. Those methods may include direct reimbursement to pharmacies or the payment of a capitated amount to Medicare Part D Prescription Drug Plans.

(b) For a pharmacy to be reimbursed under the program established under Section 6A, 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 Section 6A 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.

(c) A pharmacy must be enrolled as a provider with the Department of Healthcare and Family Services in order to receive direct reimbursement from the Department for drugs not covered under Medicare Part D or for drugs dispensed to beneficiaries who are not Medicare-eligible.

(320 ILCS 25/6A.35 new)

Sec. 6A.35. Pharmaceutical Assistance; administration by Department of Healthcare and Family Services. The Department of Healthcare and Family Services, in cooperation with the Department on Aging, as appropriate, may adopt rules regarding applications, counting of income, proof of Medicare status, mandatory generic policies, identification card fees, and pharmacy reimbursement rates and any other rules necessary for the cost-efficient operation of the program established under Section 6A.

(320 ILCS 25/7) (from Ch. 67 1/2, par. 407)

Sec. 7. Review of action or determination Payment and denial of claims.

(a) 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.

(b) 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.

(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 dollar, the Department shall pay to the claimant one dollar.

(c) Right to appeal. Any claimant aggrieved by the action of the Department under this Act, whether in the reduction of the amount of the grant claimed or in the denial of the claim, may request in writing that the Department reconsider its prior determination, setting out the facts on which his request is based. The Department shall consider the request and either modify or affirm its prior determination.

(d) Administrative review. The decision of the Department to affirm its prior determination, or the failure of the Department to act on a request for reconsideration within 60 days, is a final administrative decision which is subject to judicial review under the Administrative Review Law, and all amendments and modifications thereof and the rules adopted thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 82-783.)

(320 ILCS 25/7.5 new)

Sec. 7.5. Providing insurance information. Notwithstanding any other law to the contrary, entities subject to the Illinois Insurance Code, the Comprehensive Health Insurance Plan Act, the Dental Service Plan Act, the Children's Health Insurance Program Act, the Health Care Purchasing Group Act, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Workers' Compensation Act, including, but not limited to, insurers, health maintenance organizations, pharmacy benefit managers, third party administrators, fraternal benefit societies, group funded workers' compensation pools, municipal group funded pools, self-funded or self-insured welfare or benefit plans or programs, and any other entities that provide health coverage through an employer, union, trade association, or other organization or source, or any other entities, must provide information to the Department on Aging or the Department of Healthcare and Family Services, or the designee of either of those Departments, that is necessary to carry out the purposes of this Act, including, but not limited to, the name, social security number, address, date of birth, and coverage of their policyholders, their subscribers, or the beneficiaries of their plans, benefits, or services, who participate in the programs under this Act. The provision of this information to the Department on Aging or the Department of Healthcare and Family Services, or their designees, is subject to the confidentiality provisions in Section 8a of this Act.

(320 ILCS 25/8) (from Ch. 67 1/2, par. 408)

Sec. 8. Records. Every claimant of a grant under this Act and every applicant for pharmaceutical 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. 77-2059.)

(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)

Sec. 8a. Confidentiality.

(a) Except as otherwise provided in this Act, all information received by the Department of Revenue or its successors, the Department on Aging and the Department of Healthcare and Family Services, from claims filed under this Act, or from any investigation conducted under the provisions of this Act, shall be confidential, except for official purposes within those Departments the Department or pursuant to official procedures for collection of any State tax or enforcement of any civil or criminal penalty or sanction imposed by this Act or by any statute imposing a State tax, and any person who divulges any such information in any manner, except for such purposes and pursuant to order of the Director of one of those Departments or in accordance with a proper judicial order, shall be guilty of a Class A misdemeanor.

(b) Nothing contained in this Act shall prevent the Director of Aging from publishing or making available reasonable statistics concerning the operation of the grant programs contained in this Act wherein the contents of claims are grouped into aggregates in such a way that information contained in any individual claim shall not be disclosed.

(c) The Department on Aging shall furnish to the Secretary of State such information as is reasonably necessary for the administration of (i) subsection (d) of Section 11-1301.2 of the Illinois Vehicle Code (relating to fees for replacement parking decals for persons with disabilities) and (ii) reduced vehicle registration fees pursuant to Section 3-806.3 of "The Illinois Vehicle Code".

(Source: P.A. 89-399, eff. 8-20-95.)

(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 a claim form for any claimant under this Act, or who fraudulently files multiple applications claim forms, or who fraudulently states that a nondisabled person is disabled, or who fraudulently procures a pharmaceutical assistance benefits identification card, or who fraudulently uses such assistance card to procure covered prescription drugs, or who, on behalf of an authorized pharmacy, files a fraudulent request claim 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) The Department on Aging and the Department of Healthcare and Family Services shall immediately suspend the use of the pharmaceutical assistance benefits identification card of any person suspected of fraudulent procurement or fraudulent use of such assistance card, and shall revoke such assistance card upon a conviction. A person convicted of such fraud under subsection (a) shall be permanently barred from all of the programs the program of pharmaceutical assistance established under this Act.

(c) The Department on Aging may recover from a claimant, including an authorized pharmacy, 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 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. 85-299.)

(320 ILCS 25/10) (from Ch. 67 1/2, par. 410)

Sec. 10. Arrangements and captions Captions. No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision of this Act, nor shall any caption be given any legal effect.

(Source: P.A. 77-2059.)

(320 ILCS 25/11) (from Ch. 67 1/2, par. 411)

Sec. 11. Severability. If any clause, sentence, section, provision or part of this Act or the application thereof to any person or circumstance is shall be adjudged to be unconstitutional, the remainder of this Act or its application to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

(Source: P.A. 77-2059.)

(320 ILCS 25/12) (from Ch. 67 1/2, par. 412)

Sec. 12. Regulations Department on Aging; outreach responsibilities.

(a) Regulations. The Director shall promulgate such regulations as are necessary or desirable to effectuate the purposes of this Act, including but not limited to the method of computing "gross rent" in the case of a claimant living in a nursing or sheltered care home.

(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, and other State agencies and of local business establishments to facilitate distribution of applications application forms 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 of eligible citizens of the benefits grants under this Act and the procedures for applying for them.

(Source: P.A. 78-1249.)

(320 ILCS 25/13) (from Ch. 67 1/2, par. 413)

Sec. 13. List. The Department on Aging of Revenue shall maintain a list of all persons who have qualified under this Act and shall make the list available to municipalities upon request.

All information received by a municipality 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. 87-247.)

(320 ILCS 25/3.02 rep.)

(320 ILCS 25/3.03 rep.)

(320 ILCS 25/3.15 rep.)

(320 ILCS 25/3.16 rep.)

(320 ILCS 25/3.17 rep)

(320 ILCS 25/4 rep.)

(320 ILCS 25/4.1 rep.)

(320 ILCS 25/5 rep.)

(320 ILCS 25/5.1 rep.)

(320 ILCS 25/6 rep.)

Section 16. The Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act is amended by repealing Sections 3.02, 3.03, 3.15, 3.16, 3.17, 4, 4.1, 5, 5.1, and 6.

Section 20. The Illinois Vehicle Code is amended by changing Sections 3-806.3 and 11-1301.2 as follows:

(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)

Sec. 3-806.3. Senior Citizens. Commencing with the 2006 registration year and through the 2008 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 registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-609, 3-609.1, 3-616, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-649, 3-650, or 3-651, 3-664, 3-665, or 3-666, 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 2006 registration year and through the 2008 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, 3-616, 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 3-806.4, 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 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 registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-609, 3-609.1, 3-616, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-649, 3-650, or 3-651, 3-664, 3-665, or 3-666, 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, or 3-651, or 3-806.4, 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.

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. 95-157, eff. 1-1-08; 95-331, eff. 8-21-07; revised 12-10-07.)

(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)

Sec. 11-1301.2. Special decals for a person with disabilities parking.

(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 shall be the property of such person with disabilities and may be used by that person to designate and identify a vehicle not owned or displaying a registration plate as provided in Sections 3-609, 3-609.01, 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 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.

(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 been approved for benefits claimed and received a grant under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act.

(Source: P.A. 95-167, eff. 1-1-08.)

Section 99. Effective date. This Act takes effect January 1, 2009.".