Rep. Jack D. Franks
Filed: 4/1/2009
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1 | AMENDMENT TO HOUSE BILL 366
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2 | AMENDMENT NO. ______. Amend House Bill 366, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Mobile Home Local Services Tax Act is | ||||||
6 | amended by changing Section 7 as follows:
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7 | (35 ILCS 515/7) (from Ch. 120, par. 1207)
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8 | Sec. 7.
The local services tax for owners of mobile homes | ||||||
9 | who (a) are
actually residing in such mobile homes, (b) hold | ||||||
10 | title to such mobile
home as provided in the " Illinois Vehicle | ||||||
11 | Code ", approved September 29,
1969, as amended , and (c) are 65 | ||||||
12 | years of age or older or are disabled
persons within the | ||||||
13 | meaning of Section 3.14 of the "Senior Citizens and
Disabled | ||||||
14 | Persons Property Tax Relief and Pharmaceutical Assistance Act"
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15 | on the annual billing date
shall be reduced to 80 percent of | ||||||
16 | the tax provided for in Section 3 of
this Act. Proof that a |
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1 | claimant has been issued an Illinois Disabled
Person | ||||||
2 | Identification Card stating that the claimant is under a Class | ||||||
3 | 2
disability, as provided in Section 4A of the The Illinois | ||||||
4 | Identification Card
Act, shall constitute proof that the person | ||||||
5 | thereon named is a disabled
person within the meaning of this | ||||||
6 | Act. An application for reduction of
the tax shall be filed | ||||||
7 | with
the county clerk by the individuals who are entitled to | ||||||
8 | the reduction.
If the application is filed after May 1, the | ||||||
9 | reduction in tax shall
begin with the next annual bill. | ||||||
10 | Application for the reduction in tax
shall be done by | ||||||
11 | submitting proof that the applicant has been issued an
Illinois | ||||||
12 | Disabled Person Identification Card designating the | ||||||
13 | applicant's
disability as a Class 2 disability, or by affidavit | ||||||
14 | in substantially the
following form:
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15 | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
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16 | I hereby make application for a reduction to 80% of the | ||||||
17 | total tax
imposed under "An Act to provide for a local services
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18 | tax on mobile homes".
| ||||||
19 | (1) Senior Citizens
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20 | (a) I actually reside in the mobile home ....
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21 | (b) I hold title to the mobile home as provided in the | ||||||
22 | Illinois
Vehicle Code ....
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23 | (c) I reached the age of 65 on or before either January 1 | ||||||
24 | (or July
1) of the year in which this statement is filed. My | ||||||
25 | date of birth is: ...
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26 | (2) Disabled Persons
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1 | (a) I actually reside in the mobile home...
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2 | (b) I hold title to the mobile home as provided in the | ||||||
3 | Illinois
Vehicle Code ....
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4 | (c) I was totally disabled on ... and have remained | ||||||
5 | disabled until
the date of this application. My Social | ||||||
6 | Security, Veterans, Railroad or
Civil Service Total Disability | ||||||
7 | Claim Number is ... The undersigned
declares under the penalty | ||||||
8 | of perjury that the above statements are true
and correct.
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9 | Dated (insert date).
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10 | ...........................
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11 | Signature of owner
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12 | ...........................
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13 | (Address)
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14 | ...........................
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15 | (City) (State) (Zip)
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16 | Approved by:
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17 | .............................
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18 | (Assessor)
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19 | This application shall be accompanied by a copy of the | ||||||
20 | applicant's
most recent application filed with the Illinois | ||||||
21 | Department on Aging of Revenue
under the " Senior Citizens and | ||||||
22 | Disabled Persons Property Tax Relief and
Pharmaceutical | ||||||
23 | Assistance Act ," approved July 17, 1972, as amended .
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24 | (Source: P.A. 91-357, eff. 7-29-99.)
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1 | Section 10. The Citizens Utility Board Act is amended by | ||||||
2 | changing Section 9 as follows:
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3 | (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
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4 | Sec. 9. Mailing procedure.
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5 | (1) As used in this Section:
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6 | (a) "Enclosure" means a card, leaflet, envelope or | ||||||
7 | combination thereof
furnished by the corporation under | ||||||
8 | this Section.
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9 | (b) "Mailing" means any communication by a State | ||||||
10 | agency, other than
a mailing made by the Department of | ||||||
11 | Revenue under the Senior Citizens and
Disabled Persons | ||||||
12 | Property Tax Relief and Pharmaceutical Assistance Act,
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13 | that is sent through the United States Postal Service to | ||||||
14 | more than 50,000
persons within a 12-month period.
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15 | (c) "State agency" means any officer, department, | ||||||
16 | board, commission,
institution or entity of the executive | ||||||
17 | or legislative
branches of State government.
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18 | (2) To accomplish its powers and duties under Section 5 | ||||||
19 | this Act, the
corporation, subject to the following | ||||||
20 | limitations, may prepare and furnish
to any State agency an | ||||||
21 | enclosure to be included with a mailing by that agency.
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22 | (a) A State agency furnished with an enclosure shall | ||||||
23 | include the
enclosure within the mailing designated by the | ||||||
24 | corporation.
| ||||||
25 | (b) An enclosure furnished by the corporation under |
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1 | this Section shall
be provided to the State agency a | ||||||
2 | reasonable period of time in advance of
the mailing.
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3 | (c) An enclosure furnished by the corporation under | ||||||
4 | this Section shall be
limited to informing the reader of | ||||||
5 | the purpose, nature and activities of the
corporation as | ||||||
6 | set forth in this Act and informing the reader that it may
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7 | become a member in the corporation, maintain membership in | ||||||
8 | the corporation
and contribute money to the corporation | ||||||
9 | directly.
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10 | (d) Prior to furnishing an enclosure to the State | ||||||
11 | agency, the
corporation shall seek and obtain approval of | ||||||
12 | the content of the enclosure
from the Illinois Commerce | ||||||
13 | Commission. The Commission shall approve the
enclosure if | ||||||
14 | it determines that the enclosure (i) is not false or
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15 | misleading and (ii) satisfies the requirements of this Act. | ||||||
16 | The Commission
shall be deemed to have approved the | ||||||
17 | enclosure unless it disapproves the
enclosure within 14 | ||||||
18 | days from the date of receipt.
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19 | (3) The corporation shall reimburse each State agency for | ||||||
20 | all reasonable
incremental costs incurred by the State agency | ||||||
21 | in complying with this
Section above the agency's normal | ||||||
22 | mailing and handling costs, provided that:
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23 | (a) The State agency shall first furnish the | ||||||
24 | corporation with an
itemized accounting of such additional | ||||||
25 | cost; and
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26 | (b) The corporation shall not be required to reimburse |
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1 | the State agency
for postage costs if the weight of the | ||||||
2 | corporation's enclosure does not
exceed .35 ounce | ||||||
3 | avoirdupois. If the corporation's enclosure exceeds that
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4 | weight, then it shall only be required to reimburse the | ||||||
5 | State agency for
postage cost over and above what the | ||||||
6 | agency's postage cost would have been
had the enclosure | ||||||
7 | weighed only .35 ounce avoirdupois.
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8 | (Source: P.A. 87-205.)
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9 | Section 15. The Senior Citizens and Disabled Persons | ||||||
10 | Property Tax Relief and
Pharmaceutical Assistance Act is | ||||||
11 | amended by changing Sections 1, 2, 3.01, 3.04, 3.05, 3.06, | ||||||
12 | 3.07, 3.08, 3.09, 3.10, 3.12, 4, 5, 7, 8, 8a, 9, 12, and 13 and | ||||||
13 | by adding Sections 1.5, 3.01a, 3.03a, 3.05a, and 4.05 as | ||||||
14 | follows:
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15 | (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
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16 | Sec. 1. Short title ; common name . This Article shall be | ||||||
17 | known and may be cited as the " Senior Citizens and
Disabled | ||||||
18 | Persons Property Tax Relief and Pharmaceutical Assistance
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19 | Act " . Common references to the "Circuit Breaker Act" mean this | ||||||
20 | Article. As used in this Article, "this Act" means this | ||||||
21 | Article.
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22 | (Source: P.A. 83-1531.)
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23 | (320 ILCS 25/1.5 new) |
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1 | Sec. 1.5. Implementation of Executive Order No. 3 of 2004. | ||||||
2 | Executive Order No. 3 of 2004, in part, provided for the
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3 | transfer of the programs under this Act from the Department of
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4 | Revenue to the Department on Aging and the Department of
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5 | Healthcare and Family Services. It is the purpose of this
| ||||||
6 | amendatory Act of the 96th General Assembly to conform this Act
| ||||||
7 | and certain related provisions of other statutes to that
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8 | Executive Order. This amendatory Act of the 96th General
| ||||||
9 | Assembly also makes other substantive changes
to this Act.
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10 | (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
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11 | Sec. 2. Purpose. The purpose of this Act is to provide | ||||||
12 | incentives to the senior citizens
and disabled persons of this | ||||||
13 | State to acquire and retain private housing of
their choice and | ||||||
14 | at the same time to relieve those citizens from the
burdens of | ||||||
15 | extraordinary property taxes and rising drug costs against | ||||||
16 | their increasingly
restricted earning power, and thereby to | ||||||
17 | reduce the requirements for public
housing in this State.
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18 | (Source: P.A. 77-2059.)
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19 | (320 ILCS 25/3.01) (from Ch. 67 1/2, par. 403.01)
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20 | Sec. 3.01. Claimant. "Claimant" means an individual who has | ||||||
21 | filed a claim for a property tax relief grant under this Act. | ||||||
22 | In appropriate contexts, "claimant" may also include a person | ||||||
23 | who
has applied for pharmaceutical assistance under this Act or | ||||||
24 | for
other benefits that are based on eligibility for benefits |
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1 | under
this Act.
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2 | (Source: P.A. 77-2059.)
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3 | (320 ILCS 25/3.01a new) | ||||||
4 | Sec. 3.01a. Claim year. "Claim year" means the calendar
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5 | year prior to the period of time during which a claimant may
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6 | file an application for benefits under this Act. | ||||||
7 | (320 ILCS 25/3.03a new) | ||||||
8 | Sec. 3.03a. Federal Poverty Level. "Federal Poverty Level"
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9 | means the federal poverty income guidelines as determined
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10 | annually by the United States Department of Health and Human
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11 | Services and updated periodically in the Federal Register by
| ||||||
12 | that Department under the authority of 42 U.S.C. 9902(2).
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13 | (320 ILCS 25/3.04) (from Ch. 67 1/2, par. 403.04)
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14 | Sec. 3.04. Gross rent. "Gross rent Rent " means the total | ||||||
15 | amount paid solely for the right to occupy
a residence.
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16 | If the residence is a nursing or sheltered care home, | ||||||
17 | "gross rent" means
the amount paid in a taxable year that is | ||||||
18 | attributable to the cost of
housing, but not of meals or care, | ||||||
19 | for the claimant in that home,
determined in accordance with | ||||||
20 | regulations of the Department on Aging .
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21 | (Source: P.A. 78-1249; 78-1297.)
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22 | (320 ILCS 25/3.05) (from Ch. 67 1/2, par. 403.05)
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1 | Sec. 3.05. Household. "Household" means a claimant or a | ||||||
2 | claimant and his or her spouse , if any, living
together in the | ||||||
3 | same residence. An additional resident may be counted in | ||||||
4 | determining household size.
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5 | (Source: P.A. 77-2059.)
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6 | (320 ILCS 25/3.05a new) | ||||||
7 | Sec. 3.05a. Additional resident. "Additional resident"
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8 | means a person who (i) is living in the same residence with a
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9 | claimant for the claim year and at the time of filing the
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10 | claim, (ii) is not the spouse of the claimant, (iii) does not
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11 | file a separate claim under this Act for the same period, and
| ||||||
12 | (iv) receives more than half of his or her total financial
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13 | support for that claim year from the household. An additional | ||||||
14 | resident who meets qualifications may receive pharmaceutical | ||||||
15 | assistance based on a claimant's application.
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16 | (320 ILCS 25/3.06) (from Ch. 67 1/2, par. 403.06)
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17 | Sec. 3.06. Household income. "Household income" means the | ||||||
18 | combined income of the members of a
household. The term does | ||||||
19 | not include the income of any qualified additional resident who | ||||||
20 | lives with the claimant.
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21 | (Source: P.A. 77-2059.)
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22 | (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
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23 | Sec. 3.07. Income. "Income" means adjusted gross income, |
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1 | properly reportable for
federal income tax purposes under the | ||||||
2 | provisions of the Internal Revenue Code,
modified by adding | ||||||
3 | thereto the sum of the following amounts to the extent
deducted | ||||||
4 | or excluded from gross income in the computation of adjusted | ||||||
5 | gross
income:
| ||||||
6 | (A) An amount equal to all amounts paid or accrued as | ||||||
7 | interest or
dividends during the taxable year;
| ||||||
8 | (B) An amount equal to the amount of tax imposed by the | ||||||
9 | Illinois Income
Tax Act paid for the taxable year;
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10 | (C) An amount equal to all amounts received during the | ||||||
11 | taxable year as
an annuity under an annuity, endowment or | ||||||
12 | life insurance contract or under
any other contract or | ||||||
13 | agreement;
| ||||||
14 | (D) An amount equal to the amount of benefits paid | ||||||
15 | under the Federal
Social Security Act during the taxable | ||||||
16 | year;
| ||||||
17 | (E) An amount equal to the amount of benefits paid | ||||||
18 | under the Railroad
Retirement Act during the taxable year;
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19 | (F) An amount equal to the total amount of cash public | ||||||
20 | assistance
payments received from any governmental agency | ||||||
21 | during the taxable year
other than benefits received | ||||||
22 | pursuant to this Act;
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23 | (G) An amount equal to any net operating loss carryover | ||||||
24 | deduction or
capital loss carryover deduction during the | ||||||
25 | taxable year; and
| ||||||
26 | (H) An For claim years beginning on or after January 1, |
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1 | 2002, an amount
equal to any benefits received under the | ||||||
2 | Workers' Compensation Act or the
Workers' Occupational | ||||||
3 | Diseases Act during the
taxable year.
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4 | "Income" does not include any grant assistance received | ||||||
5 | under the Nursing
Home Grant Assistance Act or any | ||||||
6 | distributions or items of income described
under subparagraph | ||||||
7 | (X) of paragraph (2) of subsection (a) of Section 203 of
the | ||||||
8 | Illinois Income Tax Act or any payments under Section 2201 or | ||||||
9 | Section 2202 of the American Recovery and Reinvestment Act of | ||||||
10 | 2009 .
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11 | This amendatory Act of 1987 shall be effective for purposes | ||||||
12 | of this
Section for tax years ending on or after December 31, | ||||||
13 | 1987.
| ||||||
14 | (Source: P.A. 91-676, eff. 12-23-99; 92-131, eff. 7-23-01; | ||||||
15 | 92-519, eff.
1-1-02.)
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16 | (320 ILCS 25/3.08) (from Ch. 67 1/2, par. 403.08)
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17 | Sec. 3.08. Internal Revenue Code. "Internal Revenue Code" | ||||||
18 | means the United States Internal Revenue Code of 1986
1954 or | ||||||
19 | any successor law or laws relating to federal income taxes in
| ||||||
20 | effect for the year.
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21 | (Source: P.A. 77-2059.)
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22 | (320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
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23 | Sec. 3.09. Property taxes accrued. "Property taxes | ||||||
24 | accrued" means the ad valorem property taxes
extended against a |
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1 | residence, but does not include special assessments,
interest | ||||||
2 | or charges for service. In the case of real estate improved | ||||||
3 | with a
multidwelling or multipurpose building, "property taxes | ||||||
4 | accrued" extended
against a residence within such a building is | ||||||
5 | an amount equal to the same
percentage of the total property | ||||||
6 | taxes extended against that real estate as
improved as the | ||||||
7 | value of the residence is to the total value of the
building. | ||||||
8 | If the multidwelling building is owned and operated as a
| ||||||
9 | cooperative, the value of an individual residence is the value | ||||||
10 | of the
interest in the cooperative held by the owner of record | ||||||
11 | of the legal or
equitable interest, other than a leasehold | ||||||
12 | interest, in the cooperative
which confers the right to occupy | ||||||
13 | that residence.
In determining the amount of grant under | ||||||
14 | Section 4 for 1976
and thereafter , the applicable "property | ||||||
15 | taxes accrued",
as determined under this Section, are those | ||||||
16 | payable or paid
in the last preceding taxable year.
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17 | In addition, if the residence is a mobile home as defined | ||||||
18 | in and subject
to the tax imposed by the Mobile Home Local | ||||||
19 | Services Tax Act, "property taxes
accrued" includes the amount | ||||||
20 | of privilege tax paid during the calendar year for
which | ||||||
21 | benefits are claimed under that Act on that mobile home. If | ||||||
22 | Beginning in
taxable year 1999, if (i) the residence is a | ||||||
23 | mobile home, (ii) the resident is
the record owner of the | ||||||
24 | property upon which the mobile home is
located, and (iii) the | ||||||
25 | resident is liable for the taxes imposed under the
Property Tax | ||||||
26 | Code for both the mobile home and the property, then "property
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| |||||||
1 | taxes accrued" includes the amount of property taxes paid on | ||||||
2 | both the mobile
home and the property upon which the mobile | ||||||
3 | home is located.
| ||||||
4 | (Source: P.A. 91-357, eff. 7-29-99; 91-391, eff. 7-30-99.)
| ||||||
5 | (320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
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6 | Sec. 3.10. Regulations. "Regulations" includes both rules | ||||||
7 | promulgated and forms prescribed by the applicable
Department. | ||||||
8 | In this Act, references to the rules of the Department on Aging
| ||||||
9 | or the Department of Healthcare and Family Services shall be
| ||||||
10 | deemed to include, in appropriate cases, the corresponding
| ||||||
11 | rules adopted by the Department of Revenue, to the extent that
| ||||||
12 | those rules continue in force under Executive Order No. 3 of
| ||||||
13 | 2004.
| ||||||
14 | (Source: P.A. 77-2059.)
| ||||||
15 | (320 ILCS 25/3.12) (from Ch. 67 1/2, par. 403.12)
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16 | Sec. 3.12. Residence. "Residence" means the principal | ||||||
17 | dwelling place occupied in this State by
a household and so | ||||||
18 | much of the surrounding land as is reasonably necessary
for use | ||||||
19 | of the dwelling as a home, and includes rental property, mobile
| ||||||
20 | homes, single family dwellings, and units in multifamily, | ||||||
21 | multidwelling or
multipurpose buildings. If the assessor has | ||||||
22 | established a specific legal
description for a portion of | ||||||
23 | property constituting the residence, then that
portion of | ||||||
24 | property shall be deemed "residence" for the purposes of this
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| |||||||
1 | Act. "Residence" also includes that portion of a nursing or | ||||||
2 | sheltered care
home occupied as a dwelling by a claimant, | ||||||
3 | determined as prescribed in
regulations of the Department on | ||||||
4 | Aging .
| ||||||
5 | (Source: P.A. 78-1249.)
| ||||||
6 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
| ||||||
7 | Sec. 4. Amount of Grant.
| ||||||
8 | (a) In general. Any individual 65 years or older or any | ||||||
9 | individual who will
become 65 years old during the calendar | ||||||
10 | year in which a claim is filed, and any
surviving spouse of | ||||||
11 | such a claimant, who at the time of death received or was
| ||||||
12 | entitled to receive a grant pursuant to this Section, which | ||||||
13 | surviving spouse
will become 65 years of age within the 24 | ||||||
14 | months immediately following the
death of such claimant and | ||||||
15 | which surviving spouse but for his or her age is
otherwise | ||||||
16 | qualified to receive a grant pursuant to this Section, and any
| ||||||
17 | disabled person whose annual household income is less than the | ||||||
18 | income eligibility limitation, as defined in subsection (a-5)
| ||||||
19 | and whose household is liable for payment of property taxes | ||||||
20 | accrued or has
paid rent constituting property taxes accrued | ||||||
21 | and is domiciled in this State
at the time he or she files his | ||||||
22 | or her claim is entitled to claim a
grant under this Act.
With | ||||||
23 | respect to claims filed by individuals who will become 65 years | ||||||
24 | old
during the calendar year in which a claim is filed, the | ||||||
25 | amount of any grant
to which that household is entitled shall |
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| |||||||
1 | be an amount equal to 1/12 of the
amount to which the claimant | ||||||
2 | would otherwise be entitled as provided in
this Section, | ||||||
3 | multiplied by the number of months in which the claimant was
65 | ||||||
4 | in the calendar year in which the claim is filed.
| ||||||
5 | (a-5) Income eligibility limitation. For purposes of this | ||||||
6 | Section, "income eligibility limitation" means an amount for | ||||||
7 | grant years 2008 and thereafter : | ||||||
8 | (i) for grant years before the 1998 grant year, less | ||||||
9 | than $14,000; | ||||||
10 | (ii) for the 1998 and 1999 grant year, less than | ||||||
11 | $16,000; | ||||||
12 | (iii) for grant years 2000 through 2007: | ||||||
13 | (A) less than $21,218 for a household containing | ||||||
14 | one person; | ||||||
15 | (B) less than $28,480 for a household containing 2 | ||||||
16 | persons; or | ||||||
17 | (C) less than $35,740 for a
household containing 3 | ||||||
18 | or more persons; or | ||||||
19 | (iv) for grant years 2008 and thereafter:
| ||||||
20 | (1) (A) less than $22,218 for a household containing | ||||||
21 | one person; | ||||||
22 | (2) (B) less than $29,480 for a household containing 2 | ||||||
23 | persons; or | ||||||
24 | (3) (C) less than $36,740 for a
household containing 3 | ||||||
25 | or more persons. | ||||||
26 | For 2009 claim year applications submitted during calendar |
| |||||||
| |||||||
1 | year 2010, a household must have annual household income of | ||||||
2 | less than $27,610 for a household containing one person; less | ||||||
3 | than $36,635 for a household containing 2 persons; or less than | ||||||
4 | $45,657 for a household containing 3 or more persons. | ||||||
5 | The Department on Aging may adopt rules such that on | ||||||
6 | January 1, 2011, and thereafter, the foregoing household income | ||||||
7 | eligibility limits may be changed to reflect the annual cost of | ||||||
8 | living adjustment in Social Security and Supplemental Security | ||||||
9 | Income benefits that is applicable to the year for which those | ||||||
10 | benefits are being reported as income on an application. | ||||||
11 | If a person files as a surviving spouse, then only his or | ||||||
12 | her income shall be counted in determining his or her household | ||||||
13 | income. | ||||||
14 | (b) Limitation. Except as otherwise provided in | ||||||
15 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
16 | grant which a claimant is
entitled to claim is the amount by | ||||||
17 | which the property taxes accrued which
were paid or payable | ||||||
18 | during the last preceding tax year or rent
constituting | ||||||
19 | property taxes accrued upon the claimant's residence for the
| ||||||
20 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
21 | household
income for that year but in no event is the grant to | ||||||
22 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
23 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
24 | household income for that year is more than
$14,000.
| ||||||
25 | (c) Public aid recipients. If household income in one or | ||||||
26 | more
months during a year includes cash assistance in excess of |
| |||||||
| |||||||
1 | $55 per month
from the Department of Healthcare and Family | ||||||
2 | Services or the Department of Human Services (acting
as | ||||||
3 | successor to the Department of Public Aid under the Department | ||||||
4 | of Human
Services Act) which was determined under regulations | ||||||
5 | of
that Department on a measure of need that included an | ||||||
6 | allowance for actual
rent or property taxes paid by the | ||||||
7 | recipient of that assistance, the amount
of grant to which that | ||||||
8 | household is entitled, except as otherwise provided in
| ||||||
9 | subsection (a), shall be the product of (1) the maximum amount | ||||||
10 | computed as
specified in subsection (b) of this Section and (2) | ||||||
11 | the ratio of the number of
months in which household income did | ||||||
12 | not include such cash assistance over $55
to the number twelve. | ||||||
13 | If household income did not include such cash assistance
over | ||||||
14 | $55 for any months during the year, the amount of the grant to | ||||||
15 | which the
household is entitled shall be the maximum amount | ||||||
16 | computed as specified in
subsection (b) of this Section. For | ||||||
17 | purposes of this paragraph (c), "cash
assistance" does not | ||||||
18 | include any amount received under the federal Supplemental
| ||||||
19 | Security Income (SSI) program.
| ||||||
20 | (d) Joint ownership. If title to the residence is held | ||||||
21 | jointly by
the claimant with a person who is not a member of | ||||||
22 | his or her household,
the amount of property taxes accrued used | ||||||
23 | in computing the amount of grant
to which he or she is entitled | ||||||
24 | shall be the same percentage of property
taxes accrued as is | ||||||
25 | the percentage of ownership held by the claimant in the
| ||||||
26 | residence.
|
| |||||||
| |||||||
1 | (e) More than one residence. If a claimant has occupied | ||||||
2 | more than
one residence in the taxable year, he or she may | ||||||
3 | claim only one residence
for any part of a month. In the case | ||||||
4 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
5 | total property taxes accrued on
his or her residence to each | ||||||
6 | month that he or she owned and occupied
that residence; and, in | ||||||
7 | the case of rent constituting property taxes accrued,
shall | ||||||
8 | prorate each month's rent payments to the residence
actually | ||||||
9 | occupied during that month.
| ||||||
10 | (f) (Blank). There is hereby established a program of | ||||||
11 | pharmaceutical assistance
to the aged and disabled which shall | ||||||
12 | be administered by the Department in
accordance with this Act, | ||||||
13 | to consist of payments to authorized pharmacies, on
behalf of | ||||||
14 | beneficiaries of the program, for the reasonable costs of | ||||||
15 | covered
prescription drugs. Each beneficiary who pays $5 for an | ||||||
16 | identification card
shall pay no additional prescription | ||||||
17 | costs. Each beneficiary who pays $25 for
an identification card | ||||||
18 | shall pay $3 per prescription. In addition, after a
beneficiary | ||||||
19 | receives $2,000 in benefits during a State fiscal year, that
| ||||||
20 | beneficiary shall also be charged 20% of the cost of each | ||||||
21 | prescription for
which payments are made by the program during | ||||||
22 | the remainder of the fiscal
year. To become a beneficiary under | ||||||
23 | this program a person must: (1)
be (i) 65 years of age or | ||||||
24 | older, or (ii) the surviving spouse of such
a claimant, who at | ||||||
25 | the time of death received or was entitled to receive
benefits | ||||||
26 | pursuant to this subsection, which surviving spouse will become |
| |||||||
| |||||||
1 | 65
years of age within the 24 months immediately following the | ||||||
2 | death of such
claimant and which surviving spouse but for his | ||||||
3 | or her age is otherwise
qualified to receive benefits pursuant | ||||||
4 | to this subsection, or (iii) disabled,
and (2) be domiciled in | ||||||
5 | this State at the time he or she files
his or her claim, and (3) | ||||||
6 | have a maximum household income of less
than the income | ||||||
7 | eligibility limitation, as defined in subsection (a-5). In | ||||||
8 | addition, each eligible person must (1) obtain an
| ||||||
9 | identification card from the Department, (2) at the time the | ||||||
10 | card is obtained,
sign a statement assigning to the State of | ||||||
11 | Illinois benefits which may be
otherwise claimed under any | ||||||
12 | private insurance plans, and (3) present the
identification | ||||||
13 | card to the dispensing pharmacist.
| ||||||
14 | The Department may adopt rules specifying
participation
| ||||||
15 | requirements for the pharmaceutical assistance program, | ||||||
16 | including copayment
amounts,
identification card fees, | ||||||
17 | expenditure limits, and the benefit threshold after
which a 20% | ||||||
18 | charge is imposed on the cost of each prescription, to be in
| ||||||
19 | effect on and
after July 1, 2004.
Notwithstanding any other | ||||||
20 | provision of this paragraph, however, the Department
may not
| ||||||
21 | increase the identification card fee above the amount in effect | ||||||
22 | on May 1, 2003
without
the express consent of the General | ||||||
23 | Assembly.
To the extent practicable, those requirements shall | ||||||
24 | be
commensurate
with the requirements provided in rules adopted | ||||||
25 | by the Department of Healthcare and Family Services
to
| ||||||
26 | implement the pharmacy assistance program under Section |
| |||||||
| |||||||
1 | 5-5.12a of the Illinois
Public
Aid Code.
| ||||||
2 | Whenever a generic equivalent for a covered prescription | ||||||
3 | drug is available,
the Department shall reimburse only for the | ||||||
4 | reasonable costs of the generic
equivalent, less the co-pay | ||||||
5 | established in this Section, unless (i) the covered
| ||||||
6 | prescription drug contains one or more ingredients defined as a | ||||||
7 | narrow
therapeutic index drug at 21 CFR 320.33, (ii) the | ||||||
8 | prescriber indicates on the
face of the prescription "brand | ||||||
9 | medically necessary", and (iii) the prescriber
specifies that a | ||||||
10 | substitution is not permitted. When issuing an oral
| ||||||
11 | prescription for covered prescription medication described in | ||||||
12 | item (i) of this
paragraph, the prescriber shall stipulate | ||||||
13 | "brand medically necessary" and
that a substitution is not | ||||||
14 | permitted. If the covered prescription drug and its
authorizing | ||||||
15 | prescription do not meet the criteria listed above, the | ||||||
16 | beneficiary
may purchase the non-generic equivalent of the | ||||||
17 | covered prescription drug by
paying the difference between the | ||||||
18 | generic cost and the non-generic cost plus
the beneficiary | ||||||
19 | co-pay.
| ||||||
20 | Any person otherwise eligible for pharmaceutical | ||||||
21 | assistance under this
Act whose covered drugs are covered by | ||||||
22 | any public program for assistance in
purchasing any covered | ||||||
23 | prescription drugs shall be ineligible for assistance
under | ||||||
24 | this Act to the extent such costs are covered by such other | ||||||
25 | plan.
| ||||||
26 | The fee to be charged by the Department for the |
| |||||||
| |||||||
1 | identification card shall
be equal to $5 per coverage year for | ||||||
2 | persons below the official poverty line
as defined by the | ||||||
3 | United States Department of Health and Human Services and
$25 | ||||||
4 | per coverage year for all other persons.
| ||||||
5 | In the event that 2 or more persons are eligible for any | ||||||
6 | benefit under
this Act, and are members of the same household, | ||||||
7 | (1) each such person shall
be entitled to participate in the | ||||||
8 | pharmaceutical assistance program, provided
that he or she | ||||||
9 | meets all other requirements imposed by this subsection
and (2) | ||||||
10 | each participating household member contributes the fee | ||||||
11 | required
for that person by the preceding paragraph for the | ||||||
12 | purpose
of obtaining an identification card. | ||||||
13 | The provisions of this subsection (f), other than this | ||||||
14 | paragraph, are inoperative after December 31, 2005. | ||||||
15 | Beneficiaries who received benefits under the program | ||||||
16 | established by this subsection (f) are not entitled, at the | ||||||
17 | termination of the program, to any refund of the identification | ||||||
18 | card fee paid under this subsection. | ||||||
19 | (g) Effective January 1, 2006, there is hereby established | ||||||
20 | a program of pharmaceutical assistance to the aged and | ||||||
21 | disabled, entitled the Illinois Seniors and Disabled Drug | ||||||
22 | Coverage Program, which shall be administered by the Department | ||||||
23 | of Healthcare and Family Services and the Department on Aging | ||||||
24 | in accordance with this subsection, to consist of coverage of | ||||||
25 | specified prescription drugs on behalf of beneficiaries of the | ||||||
26 | program as set forth in this subsection. The program under this |
| |||||||
| |||||||
1 | subsection replaces and supersedes the program established | ||||||
2 | under subsection (f), which shall end at midnight on December | ||||||
3 | 31, 2005. | ||||||
4 | To become a beneficiary under the program established under | ||||||
5 | this subsection, a person must: | ||||||
6 | (1) be (i) 65 years of age or older or (ii) disabled; | ||||||
7 | and | ||||||
8 | (2) be domiciled in this State; and | ||||||
9 | (3) enroll with a qualified Medicare Part D | ||||||
10 | Prescription Drug Plan if eligible and apply for all | ||||||
11 | available subsidies under Medicare Part D; and | ||||||
12 | (4) for the 2006 and 2007 claim years, have a maximum | ||||||
13 | household income of (i) less than $21,218 for a household | ||||||
14 | containing one person, (ii) less than $28,480 for a | ||||||
15 | household containing 2 persons, or (iii) less than $35,740 | ||||||
16 | for a household containing 3 or more persons ; and . If any | ||||||
17 | income eligibility limit set forth in items (i) through | ||||||
18 | (iii) is less than 200% of the Federal Poverty Level for | ||||||
19 | any year, the income eligibility limit for that year for | ||||||
20 | households of that size shall be income equal to or less | ||||||
21 | than 200% of the Federal Poverty Level. | ||||||
22 | (5) for the 2008 claim year, have a maximum household | ||||||
23 | income of (i) less than $22,218 for a household containing | ||||||
24 | one person, (ii) $29,480 for a household containing 2 | ||||||
25 | persons, or (iii) $36,740 for a household containing 3 or | ||||||
26 | more persons; and |
| |||||||
| |||||||
1 | (6) for 2009 claim year applications submitted during | ||||||
2 | calendar year 2010, have annual household income of less | ||||||
3 | than (i) $27,610 for a household containing one person; | ||||||
4 | (ii) less than $36,635 for a household containing 2 | ||||||
5 | persons; or (iii) less than $45,657 for a household | ||||||
6 | containing 3 or more persons. | ||||||
7 | The Department of Healthcare and Family Services may adopt | ||||||
8 | rules such that on January 1, 2011, and thereafter, the | ||||||
9 | foregoing household income eligibility limits may be changed to | ||||||
10 | reflect the annual cost of living adjustment in Social Security | ||||||
11 | and Supplemental Security Income benefits that is applicable to | ||||||
12 | the year for which those benefits are being reported as income | ||||||
13 | on an application. | ||||||
14 | All individuals enrolled as of December 31, 2005, in the | ||||||
15 | pharmaceutical assistance program operated pursuant to | ||||||
16 | subsection (f) of this Section and all individuals enrolled as | ||||||
17 | of December 31, 2005, in the SeniorCare Medicaid waiver program | ||||||
18 | operated pursuant to Section 5-5.12a of the Illinois Public Aid | ||||||
19 | Code shall be automatically enrolled in the program established | ||||||
20 | by this subsection for the first year of operation without the | ||||||
21 | need for further application, except that they must apply for | ||||||
22 | Medicare Part D and the Low Income Subsidy under Medicare Part | ||||||
23 | D. A person enrolled in the pharmaceutical assistance program | ||||||
24 | operated pursuant to subsection (f) of this Section as of | ||||||
25 | December 31, 2005, shall not lose eligibility in future years | ||||||
26 | due only to the fact that they have not reached the age of 65. |
| |||||||
| |||||||
1 | To the extent permitted by federal law, the Department may | ||||||
2 | act as an authorized representative of a beneficiary in order | ||||||
3 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
4 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
5 | where possible, to enroll beneficiaries in the low-income | ||||||
6 | subsidy program under Medicare Part D or assist them in | ||||||
7 | enrolling in that program. | ||||||
8 | Beneficiaries under the program established under this | ||||||
9 | subsection shall be divided into the following 4 5 eligibility | ||||||
10 | groups: | ||||||
11 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
12 | who are not eligible for Medicare Part D coverage and who
| ||||||
13 | are: | ||||||
14 | (i) disabled and under age 65; or | ||||||
15 | (ii) age 65 or older, with incomes over 200% of the | ||||||
16 | Federal Poverty Level; or | ||||||
17 | (iii) age 65 or older, with incomes at or below | ||||||
18 | 200% of the Federal Poverty Level and not eligible for | ||||||
19 | federally funded means-tested benefits due to | ||||||
20 | immigration status. | ||||||
21 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
22 | otherwise described in Eligibility Group 1 but who are | ||||||
23 | eligible for Medicare Part D coverage. | ||||||
24 | (C) Eligibility Group 3 shall consist of beneficiaries | ||||||
25 | age 65 or older, with incomes at or below 200% of the | ||||||
26 | Federal Poverty Level, who are not barred from receiving |
| |||||||
| |||||||
1 | federally funded means-tested benefits due to immigration | ||||||
2 | status and are not eligible for Medicare Part D coverage. | ||||||
3 | (D) Eligibility Group 4 shall consist of beneficiaries | ||||||
4 | age 65 or older, with incomes at or below 200% of the | ||||||
5 | Federal Poverty Level, who are not barred from receiving | ||||||
6 | federally funded means-tested benefits due to immigration | ||||||
7 | status and are not eligible for Medicare Part D coverage. | ||||||
8 | If the State applies and receives federal approval for | ||||||
9 | a waiver under Title XIX of the Social Security Act, | ||||||
10 | persons in Eligibility Group 3 4 shall continue to receive | ||||||
11 | benefits through the approved waiver, and Eligibility | ||||||
12 | Group 3 4 may be expanded to include disabled persons under | ||||||
13 | age 65 with incomes under 200% of the Federal Poverty Level | ||||||
14 | who are not eligible for Medicare and who are not barred | ||||||
15 | from receiving federally funded means-tested benefits due | ||||||
16 | to immigration status. | ||||||
17 | (D) (E) On and after January 1, 2007, Eligibility Group | ||||||
18 | 4 5 shall consist of beneficiaries who are otherwise | ||||||
19 | described in Eligibility Group 2 Groups 2 and 3 who have a | ||||||
20 | diagnosis of HIV or AIDS.
| ||||||
21 | The program established under this subsection shall cover | ||||||
22 | the cost of covered prescription drugs in excess of the | ||||||
23 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
24 | that are not covered by Medicare. In 2006, beneficiaries shall | ||||||
25 | pay a co-payment of $2 for each prescription of a generic drug | ||||||
26 | and $5 for each prescription of a brand-name drug. In future |
| |||||||
| |||||||
1 | years, beneficiaries shall pay co-payments equal to the | ||||||
2 | co-payments required under Medicare Part D for "other | ||||||
3 | low-income subsidy eligible individuals" pursuant to 42 CFR | ||||||
4 | 423.782(b). For individuals in Eligibility Groups 1, 2, and 3, | ||||||
5 | and 4, once the program established under this subsection and | ||||||
6 | Medicare combined have paid $1,750 in a year for covered | ||||||
7 | prescription drugs, the beneficiary shall pay 20% of the cost | ||||||
8 | of each prescription in addition to the co-payments set forth | ||||||
9 | in this paragraph. For individuals in Eligibility Group 4 5 , | ||||||
10 | once the program established under this subsection and Medicare | ||||||
11 | combined have paid $1,750 in a year for covered prescription | ||||||
12 | drugs, the beneficiary shall pay 20% of the cost of each | ||||||
13 | prescription in addition to the co-payments set forth in this | ||||||
14 | paragraph unless the drug is included in the formulary of the | ||||||
15 | Illinois AIDS Drug Assistance Program operated by the Illinois | ||||||
16 | Department of Public Health and covered by the Medicare Part D | ||||||
17 | Prescription Drug Plan in which the beneficiary is enrolled . If | ||||||
18 | the drug is included in the formulary of the Illinois AIDS Drug | ||||||
19 | Assistance Program and covered by the Medicare Part D | ||||||
20 | Prescription Drug Plan in which the beneficiary is enrolled , | ||||||
21 | individuals in Eligibility Group 4 5 shall continue to pay the | ||||||
22 | co-payments set forth in this paragraph after the program | ||||||
23 | established under this subsection and Medicare combined have | ||||||
24 | paid $1,750 in a year for covered prescription drugs.
| ||||||
25 | For beneficiaries eligible for Medicare Part D coverage, | ||||||
26 | the program established under this subsection shall pay 100% of |
| |||||||
| |||||||
1 | the premiums charged by a qualified Medicare Part D | ||||||
2 | Prescription Drug Plan for Medicare Part D basic prescription | ||||||
3 | drug coverage, not including any late enrollment penalties. | ||||||
4 | Qualified Medicare Part D Prescription Drug Plans may be | ||||||
5 | limited by the Department of Healthcare and Family Services to | ||||||
6 | those plans that sign a coordination agreement with the | ||||||
7 | Department. | ||||||
8 | Notwithstanding Section 3.15, for purposes of the program | ||||||
9 | established under this subsection, the term "covered | ||||||
10 | prescription drug" has the following meanings: | ||||||
11 | For Eligibility Group 1, "covered prescription drug" | ||||||
12 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
13 | insulin or other prescription drug used in the treatment of | ||||||
14 | diabetes, including syringe and needles used to administer | ||||||
15 | the insulin; (3) any prescription drug used in the | ||||||
16 | treatment of arthritis; (4) any prescription drug used in | ||||||
17 | the treatment of cancer; (5) any prescription drug used in | ||||||
18 | the treatment of Alzheimer's disease; (6) any prescription | ||||||
19 | drug used in the treatment of Parkinson's disease; (7) any | ||||||
20 | prescription drug used in the treatment of glaucoma; (8) | ||||||
21 | any prescription drug used in the treatment of lung disease | ||||||
22 | and smoking-related illnesses; (9) any prescription drug | ||||||
23 | used in the treatment of osteoporosis; and (10) any | ||||||
24 | prescription drug used in the treatment of multiple | ||||||
25 | sclerosis. The Department may add additional therapeutic | ||||||
26 | classes by rule. The Department may adopt a preferred drug |
| |||||||
| |||||||
1 | list within any of the classes of drugs described in items | ||||||
2 | (1) through (10) of this paragraph. The specific drugs or | ||||||
3 | therapeutic classes of covered prescription drugs shall be | ||||||
4 | indicated by rule. | ||||||
5 | For Eligibility Group 2, "covered prescription drug" | ||||||
6 | means those drugs covered for Eligibility Group 1 that are | ||||||
7 | also covered by the Medicare Part D Prescription Drug Plan | ||||||
8 | in which the beneficiary is enrolled. | ||||||
9 | For Eligibility Group 3, "covered prescription drug" | ||||||
10 | means those drugs covered by the Medicare Part D | ||||||
11 | Prescription Drug Plan in which the beneficiary is | ||||||
12 | enrolled. | ||||||
13 | For Eligibility Group 3 4 , "covered prescription drug" | ||||||
14 | means those drugs covered by the Medical Assistance Program | ||||||
15 | under Article V of the Illinois Public Aid Code. | ||||||
16 | For Eligibility Group 4 5, for individuals otherwise | ||||||
17 | described in Eligibility Group 2, "covered prescription | ||||||
18 | drug" means:
(1) those drugs covered for Eligibility Group | ||||||
19 | 2 that are also covered by the Medicare Part D Prescription | ||||||
20 | Drug Plan in which the beneficiary is enrolled; and
(2) | ||||||
21 | those drugs included in the formulary of the Illinois AIDS | ||||||
22 | Drug Assistance Program operated by the Illinois | ||||||
23 | Department of Public Health that are also covered by the | ||||||
24 | Medicare Part D Prescription Drug Plan in which the | ||||||
25 | beneficiary is enrolled.
For Eligibility Group 5, for | ||||||
26 | individuals otherwise described in Eligibility Group 3 , |
| |||||||
| |||||||
1 | "covered prescription drug" means those drugs covered by | ||||||
2 | the Medicare Part D Prescription Drug Plan in which the | ||||||
3 | beneficiary is enrolled. | ||||||
4 | An individual in Eligibility Group 1, 2, 3, or 4 , or 5 may | ||||||
5 | opt to receive a $25 monthly payment in lieu of the direct | ||||||
6 | coverage described in this subsection. | ||||||
7 | Any person otherwise eligible for pharmaceutical | ||||||
8 | assistance under this subsection whose covered drugs are | ||||||
9 | covered by any public program is ineligible for assistance | ||||||
10 | under this subsection to the extent that the cost of those | ||||||
11 | drugs is covered by the other program. | ||||||
12 | The Department of Healthcare and Family Services shall | ||||||
13 | establish by rule the methods by which it will provide for the | ||||||
14 | coverage called for in this subsection. Those methods may | ||||||
15 | include direct reimbursement to pharmacies or the payment of a | ||||||
16 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
17 | For a pharmacy to be reimbursed under the program | ||||||
18 | established under this subsection, it must comply with rules | ||||||
19 | adopted by the Department of Healthcare and Family Services | ||||||
20 | regarding coordination of benefits with Medicare Part D | ||||||
21 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
22 | Medicare-enrolled beneficiary of the program established under | ||||||
23 | this subsection more for a covered prescription drug than the | ||||||
24 | appropriate Medicare cost-sharing less any payment from or on | ||||||
25 | behalf of the Department of Healthcare and Family Services. | ||||||
26 | The Department of Healthcare and Family Services or the |
| |||||||
| |||||||
1 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
2 | applications, counting of income, proof of Medicare status, | ||||||
3 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
4 | and any other rules necessary for the cost-efficient operation | ||||||
5 | of the program established under this subsection. | ||||||
6 | (h) A qualified individual is not entitled to duplicate
| ||||||
7 | benefits in a coverage period as a result of the changes made
| ||||||
8 | by this amendatory Act of the 96th General Assembly.
| ||||||
9 | (Source: P.A. 94-86, eff. 1-1-06; 94-909, eff. 6-23-06; 95-208, | ||||||
10 | eff. 8-16-07; 95-644, eff. 10-12-07; 95-876, eff. 8-21-08.)
| ||||||
11 | (320 ILCS 25/4.05 new) | ||||||
12 | Sec. 4.05. Application. | ||||||
13 | (a) The Department on Aging shall establish the content,
| ||||||
14 | required eligibility and identification information, use of
| ||||||
15 | social security numbers, and manner of applying for benefits in | ||||||
16 | a simplified format
under this Act, including claims filed for
| ||||||
17 | new or renewed prescription drug benefits. | ||||||
18 | (b) An application may be filed on paper or over the | ||||||
19 | Internet to enable persons to apply separately
or for both a | ||||||
20 | property tax relief grant and pharmaceutical
assistance on the | ||||||
21 | same application. An application may also
enable persons to | ||||||
22 | apply for other State or federal programs
that provide medical | ||||||
23 | or pharmaceutical assistance or other
benefits, as determined | ||||||
24 | by the Department on Aging in
conjunction with the Department | ||||||
25 | of Healthcare and Family
Services. |
| |||||||
| |||||||
1 | (c) Applications must be filed during the time period
| ||||||
2 | prescribed by the Department.
| ||||||
3 | (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
| ||||||
4 | Sec. 5. Procedure.
| ||||||
5 | (a) In general. Claims must be filed after January 1, on | ||||||
6 | forms prescribed
by the Department. No claim may be filed more | ||||||
7 | than one year after December 31
of the year for which the claim | ||||||
8 | is filed except that claims for 1976 may be
filed until | ||||||
9 | December 31, 1978 . The pharmaceutical assistance | ||||||
10 | identification
card provided for in subsection (f) of Section 4 | ||||||
11 | shall be valid for a period determined by the Department of | ||||||
12 | Healthcare and Family Services
not to exceed one year . On and | ||||||
13 | after January 1, 2002, however, to enable the
Department to | ||||||
14 | convert coverage for a pharmaceutical assistance program
| ||||||
15 | participant to a State fiscal year basis, a card shall be valid | ||||||
16 | for a longer or
shorter period than 12 months, depending on the | ||||||
17 | date a timely claim is filed
and as determined by the | ||||||
18 | Department. All applicants for benefits under this
program | ||||||
19 | approved for benefits on or after July 1 but on or before | ||||||
20 | December 31
of any State fiscal year are eligible for benefits | ||||||
21 | through June 30 of that
State fiscal year. All applicants for | ||||||
22 | benefits under this program approved for
benefits on or after | ||||||
23 | January 1 but on or before June 30 of any State fiscal
year are | ||||||
24 | eligible for benefits through June 30 of the following State | ||||||
25 | fiscal
year.
|
| |||||||
| |||||||
1 | (b) Claim is Personal. The right to file a claim under this | ||||||
2 | Act
shall be personal to the claimant and shall not survive his | ||||||
3 | death, but
such right may be exercised on behalf of a claimant | ||||||
4 | by his legal
guardian or attorney-in-fact. If a claimant dies | ||||||
5 | after having filed a
timely claim, the amount thereof shall be | ||||||
6 | disbursed to his surviving spouse
or, if no spouse survives, to | ||||||
7 | his surviving dependent minor children in
equal parts, provided | ||||||
8 | the spouse or child, as the case may be, resided with
the | ||||||
9 | claimant at the time he filed his claim. If at the time of | ||||||
10 | disbursement
neither the claimant nor his spouse is surviving, | ||||||
11 | and no dependent minor
children of the claimant are surviving | ||||||
12 | the amount of the claim shall
escheat to the State.
| ||||||
13 | (c) One claim per household. Only one member of a household | ||||||
14 | may file
a claim under this Act in any calendar year; where | ||||||
15 | both members of a
household are otherwise entitled to claim a | ||||||
16 | grant under this Act, they
must agree as to which of them will | ||||||
17 | file a claim for that year.
| ||||||
18 | (d) (Blank). Content of application form. The form | ||||||
19 | prescribed by the
Department for purposes of paragraph (a) | ||||||
20 | shall include a table,
appropriately keyed to the parts of the | ||||||
21 | form on which the claimant is
required to furnish information, | ||||||
22 | which will enable the claimant to
determine readily the | ||||||
23 | approximate amount of grant to which he is
entitled by relating | ||||||
24 | levels of household income to property taxes
accrued or rent | ||||||
25 | constituting property taxes accrued.
| ||||||
26 | (e) Pharmaceutical Assistance Procedures. The Department |
| |||||||
| |||||||
1 | shall establish
the form and manner for application, and | ||||||
2 | establish by January 1, 1986 a
procedure to enable persons to | ||||||
3 | apply for the additional grant or for the
pharmaceutical | ||||||
4 | assistance identification card on the same application form.
| ||||||
5 | The Department of Healthcare and Family Services shall | ||||||
6 | determine eligibility for pharmaceutical assistance using
the | ||||||
7 | applicant's current income. The Department shall determine a | ||||||
8 | person's
current income in the manner provided by the | ||||||
9 | Department by rule.
| ||||||
10 | (Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01; | ||||||
11 | 92-131, eff.
7-23-01; 92-519, eff. 1-1-02.)
| ||||||
12 | (320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
| ||||||
13 | Sec. 7. Payment and denial of claims. | ||||||
14 | (a) In general. The Director shall order the payment from | ||||||
15 | appropriations
made for that purpose of grants to claimants | ||||||
16 | under this Act in the amounts
to which the Department has | ||||||
17 | determined they are entitled, respectively. If
a claim is | ||||||
18 | denied, the Director shall cause written notice of that denial
| ||||||
19 | and the reasons for that denial to be sent to the claimant.
| ||||||
20 | (b) Payment of claims one dollar and under. Where the | ||||||
21 | amount of the
grant computed under Section 4 is less than one | ||||||
22 | dollar, the Department
shall pay to the claimant one dollar.
| ||||||
23 | (c) Right to appeal. Any person aggrieved by an action or | ||||||
24 | determination of
the Department on Aging arising under any of | ||||||
25 | its powers or
duties under this Act may request in writing that |
| |||||||
| |||||||
1 | the
Department on Aging reconsider its action or determination,
| ||||||
2 | setting out the facts upon which the request is based. The
| ||||||
3 | Department on Aging shall consider the request and either
| ||||||
4 | modify or affirm its prior action or determination. The
| ||||||
5 | Department on Aging may adopt, by rule, procedures for | ||||||
6 | conducting
its review under this Section. | ||||||
7 | Any person aggrieved by an action or determination of
the | ||||||
8 | Department of Healthcare and Family Services arising under
any | ||||||
9 | of its powers or duties under this Act may request in
writing | ||||||
10 | that the Department of Healthcare and Family Services
| ||||||
11 | reconsider its action or determination, setting out the facts
| ||||||
12 | upon which the request is based. The Department of Healthcare
| ||||||
13 | and Family Services shall consider the request and either
| ||||||
14 | modify or affirm its prior action or determination. The
| ||||||
15 | Department of Healthcare and Family Services may adopt, by | ||||||
16 | rule,
procedures for conducting its review under this Section. | ||||||
17 | Any claimant aggrieved by the action of the
Department under | ||||||
18 | this Act, whether in the reduction of the amount of the
grant | ||||||
19 | claimed or in the denial of the claim, may request in writing | ||||||
20 | that
the Department reconsider its prior determination, | ||||||
21 | setting out the facts on
which his request is based. The | ||||||
22 | Department shall consider the request and
either modify or | ||||||
23 | affirm its prior determination.
| ||||||
24 | (d) (Blank). Administrative review. The decision of the | ||||||
25 | Department to affirm its
prior determination, or the failure of | ||||||
26 | the Department to act on a request
for reconsideration within |
| |||||||
| |||||||
1 | 60 days, is a final administrative decision
which is subject to | ||||||
2 | judicial review under the Administrative Review Law,
and all | ||||||
3 | amendments and modifications thereof and the rules adopted | ||||||
4 | thereto.
The term "administrative decision" is defined as in | ||||||
5 | Section 3-101 of the
Code of Civil Procedure.
| ||||||
6 | (Source: P.A. 82-783.)
| ||||||
7 | (320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
| ||||||
8 | Sec. 8. Records. Every claimant of a grant under this Act | ||||||
9 | and every applicant for pharmaceutical assistance under this | ||||||
10 | Act shall keep such records, render
such statements, file such | ||||||
11 | forms and comply with such rules and regulations
as the | ||||||
12 | Department on Aging may from time to time prescribe. The | ||||||
13 | Department on Aging may by
regulations require landlords to | ||||||
14 | furnish to tenants statements as to gross
rent or rent | ||||||
15 | constituting property taxes accrued.
| ||||||
16 | (Source: P.A. 77-2059.)
| ||||||
17 | (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
| ||||||
18 | Sec. 8a. Confidentiality.
| ||||||
19 | (a) Except as otherwise provided in this Act , all
| ||||||
20 | information received by the Department of Revenue or its | ||||||
21 | successors, the Department on Aging and the Department of | ||||||
22 | Healthcare and Family Services, from claims filed under this | ||||||
23 | Act, or
from any investigation conducted under the provisions
| ||||||
24 | of this Act, shall be confidential, except for official |
| |||||||
| |||||||
1 | purposes within those Departments
the Department or pursuant to | ||||||
2 | official
procedures for collection of any State tax or | ||||||
3 | enforcement of any civil or
criminal penalty or sanction | ||||||
4 | imposed
by this Act or by any statute imposing a State tax, and | ||||||
5 | any person who divulges
any such information in any
manner, | ||||||
6 | except for such purposes and pursuant to order of the Director | ||||||
7 | of one of those Departments or
in accordance with a proper | ||||||
8 | judicial order, shall be guilty of a Class A
misdemeanor.
| ||||||
9 | (b) Nothing contained in this Act shall prevent the | ||||||
10 | Director of Aging from publishing
or making available | ||||||
11 | reasonable statistics concerning the operation of the
grant | ||||||
12 | programs contained in this Act wherein the contents
of claims | ||||||
13 | are grouped into aggregates in such a way that information | ||||||
14 | contained
in any individual claim shall not be disclosed.
| ||||||
15 | (c) The Department on Aging shall furnish to the Secretary | ||||||
16 | of State such
information as is reasonably necessary for the | ||||||
17 | administration of reduced
vehicle registration fees pursuant | ||||||
18 | to Section 3-806.3 of "The Illinois Vehicle
Code".
| ||||||
19 | (Source: P.A. 89-399, eff. 8-20-95.)
| ||||||
20 | (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| ||||||
21 | Sec. 9. Fraud; error. | ||||||
22 | (a) Any person who files a fraudulent claim
for a grant | ||||||
23 | under this Act, or who for compensation prepares a claim
for a | ||||||
24 | grant and
knowingly enters false information on an application | ||||||
25 | a claim form for any claimant under
this Act, or who |
| |||||||
| |||||||
1 | fraudulently files multiple applications claim forms , or who
| ||||||
2 | fraudulently states that a nondisabled person is disabled, or | ||||||
3 | who
fraudulently procures a pharmaceutical assistance benefits | ||||||
4 | identification card , or
who fraudulently uses such assistance | ||||||
5 | card to procure covered prescription drugs, or
who, on behalf | ||||||
6 | of an authorized pharmacy, files a fraudulent request claim for | ||||||
7 | payment, is
guilty of a Class 4 felony for the first offense | ||||||
8 | and is guilty of a Class 3
felony for each subsequent offense. | ||||||
9 | (b) The Department on Aging and the Department of | ||||||
10 | Healthcare and Family Services shall immediately
suspend the | ||||||
11 | use of the pharmaceutical assistance benefits identification | ||||||
12 | card of any
person suspected of fraudulent procurement or | ||||||
13 | fraudulent use of such assistance card ,
and shall revoke such | ||||||
14 | assistance card upon a conviction. A person convicted of such
| ||||||
15 | fraud under subsection (a) shall be permanently barred from all | ||||||
16 | of the programs the program of pharmaceutical
assistance | ||||||
17 | established under this Act. | ||||||
18 | (c) The Department on Aging may recover from a
claimant , | ||||||
19 | including an authorized pharmacy, any amount paid to that | ||||||
20 | claimant under this
Act on account of an erroneous or
| ||||||
21 | fraudulent claim, together with 6% interest per year. Amounts
| ||||||
22 | recoverable from a claimant by the Department on Aging under
| ||||||
23 | this Act may, but need not, be recovered by offsetting the
| ||||||
24 | amount owed against any future grant payable to the person
| ||||||
25 | under this Act. | ||||||
26 | The Department of Healthcare and Family Services may
|
| |||||||
| |||||||
1 | recover from an authorized pharmacy any amount paid to that
| ||||||
2 | pharmacy under the pharmaceutical assistance program on
| ||||||
3 | account of an erroneous or fraudulent request for payment under
| ||||||
4 | that program, together with 6% interest per year. The
| ||||||
5 | Department of Healthcare and Family Services may recover from a
| ||||||
6 | person who erroneously or fraudulently obtains benefits under
| ||||||
7 | the pharmaceutical assistance program the value of the benefits
| ||||||
8 | so obtained, together with 6% interest per year. | ||||||
9 | (d) A prosecution for
a violation of this Section may be | ||||||
10 | commenced at any time within 3 years
of the commission of that | ||||||
11 | violation.
| ||||||
12 | (Source: P.A. 85-299.)
| ||||||
13 | (320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
| ||||||
14 | Sec. 12. Regulations - Department on Aging.
| ||||||
15 | (a) Regulations. Notwithstanding any other provision to | ||||||
16 | the contrary,
the Department on Aging may adopt rules regarding | ||||||
17 | applications,
proof of eligibility, required identification | ||||||
18 | information, use
of social security numbers, counting of | ||||||
19 | income, and a method of
computing "gross rent" in the case of a | ||||||
20 | claimant living in a
nursing or sheltered care home, and any | ||||||
21 | other rules necessary
for the cost-efficient operation of the | ||||||
22 | program established
under Section 4. The Director shall | ||||||
23 | promulgate such regulations as are
necessary or desirable to | ||||||
24 | effectuate the purposes of this Act, including but
not limited | ||||||
25 | to the method of computing "gross rent" in the case of a |
| |||||||
| |||||||
1 | claimant
living in a nursing or sheltered care home.
| ||||||
2 | (b) The Department on Aging shall, to the extent of | ||||||
3 | appropriations made
for that purpose:
| ||||||
4 | (1) attempt to secure the cooperation of appropriate | ||||||
5 | federal, State and
local agencies in securing the names and | ||||||
6 | addresses of persons to whom this
Act pertains;
| ||||||
7 | (2) prepare a mailing list of persons eligible for | ||||||
8 | grants under this Act;
| ||||||
9 | (3) secure the cooperation of the Department of | ||||||
10 | Revenue , the Department of Healthcare and Family Services, | ||||||
11 | other State agencies, and of local
business establishments | ||||||
12 | to facilitate distribution of applications application | ||||||
13 | forms
under this Act to those eligible to file claims; and
| ||||||
14 | (4) through use of direct mail, newspaper | ||||||
15 | advertisements and radio and
television advertisements, | ||||||
16 | and all other appropriate means of
communication, conduct | ||||||
17 | an on-going public relations program to increase
awareness | ||||||
18 | of eligible citizens of the benefits grants under this Act | ||||||
19 | and the
procedures for applying for them.
| ||||||
20 | (Source: P.A. 78-1249.)
| ||||||
21 | (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
| ||||||
22 | Sec. 13. List of persons who have qualified. The Department | ||||||
23 | on Aging of Revenue shall maintain a list of all
persons who | ||||||
24 | have qualified under this Act and shall make the list
available | ||||||
25 | to the Department of Healthcare and Family Services, the |
| |||||||
| |||||||
1 | Department of Public Health, the Secretary of State, | ||||||
2 | municipalities , and public transit authorities upon request.
| ||||||
3 | All information received by a State agency, municipality , | ||||||
4 | or public transit authority under this Section
shall be | ||||||
5 | confidential, except for official purposes, and any
person who | ||||||
6 | divulges or uses that information in any manner,
except in | ||||||
7 | accordance with a proper judicial order, shall be
guilty of a | ||||||
8 | Class B misdemeanor.
| ||||||
9 | (Source: P.A. 87-247.)
| ||||||
10 | (320 ILCS 25/3.02 rep.)
| ||||||
11 | (320 ILCS 25/3.03 rep.)
| ||||||
12 | (320 ILCS 25/3.15 rep.)
| ||||||
13 | (320 ILCS 25/3.16 rep.)
| ||||||
14 | (320 ILCS 25/3.17 rep.)
| ||||||
15 | Section 20. The Senior Citizens and Disabled Persons | ||||||
16 | Property Tax Relief and
Pharmaceutical Assistance Act is | ||||||
17 | amended by repealing Sections 3.02, 3.03, 3.15, 3.16, and 3.17.
| ||||||
18 | Section 99. Effective date. This Act takes effect January | ||||||
19 | 1, 2010.".
|