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92_SB1493sam001
LRB9207067ACcdam
1 AMENDMENT TO SENATE BILL 1493
2 AMENDMENT NO. . Amend Senate Bill 1493 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT in relation to senior citizens and disabled
5 persons."; and
6 on page 1, by replacing line 6 with the following:
7 "amended by changing Sections 3.07, 4, and 5 and by adding
8 Section 4.1 as follows:
9 (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
10 Sec. 3.07. "Income" means adjusted gross income,
11 properly reportable for federal income tax purposes under the
12 provisions of the Internal Revenue Code, modified by adding
13 thereto the sum of the following amounts to the extent
14 deducted or excluded from gross income in the computation of
15 adjusted gross income:
16 (A) An amount equal to all amounts paid or accrued
17 as interest or dividends during the taxable year;
18 (B) An amount equal to the amount of tax imposed by
19 the Illinois Income Tax Act paid for the taxable year;
20 (C) An amount equal to all amounts received during
21 the taxable year as an annuity under an annuity,
22 endowment or life insurance contract or under any other
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1 contract or agreement;
2 (D) An amount equal to the amount of benefits paid
3 under the Federal Social Security Act during the taxable
4 year;
5 (E) An amount equal to the amount of benefits paid
6 under the Railroad Retirement Act during the taxable
7 year;
8 (F) An amount equal to the total amount of cash
9 public assistance payments received from any governmental
10 agency during the taxable year other than benefits
11 received pursuant to this Act;
12 (G) An amount equal to any net operating loss
13 carryover deduction or capital loss carryover deduction
14 during the taxable year;
15 (H) For claim years beginning on or after January
16 1, 2002, an amount equal to any benefits received under
17 the Workers' Compensation Act or the Workers'
18 Occupational Diseases Act during the taxable year.
19 "Income" does not include any grant assistance received
20 under the Nursing Home Grant Assistance Act or any
21 distributions or items of income described under subparagraph
22 (X) of paragraph (2) of subsection (a) of Section 203 of the
23 Illinois Income Tax Act.
24 This amendatory Act of 1987 shall be effective for
25 purposes of this Section for tax years ending on or after
26 December 31, 1987.
27 (Source: P.A. 90-491, eff. 1-1-98; 91-676, eff. 12-23-99.)";
28 and
29 on page 5, line 22, after "for", by inserting "at least"; and
30 on page 6, immediately below line 1, by inserting the
31 following:
32 "(320 ILCS 25/4.1 new)
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1 Sec. 4.1. Information to the Department.
2 Notwithstanding any other law to the contrary, entities
3 subject to the Illinois Insurance Code, Comprehensive Health
4 Insurance Plan Act, Dental Service Plan Act, Children's
5 Health Insurance Program Act, Health Care Purchasing Group
6 Act, Health Maintenance Organization Act, Limited Health
7 Service Organization Act, Voluntary Health Services Plans
8 Act, and the Workers' Compensation Act, including, but not
9 limited to, insurers, health maintenance organizations,
10 pharmacy benefit managers, third party administrators,
11 fraternal benefit societies, group-funded workers'
12 compensation pools, municipal group-funded pools, self-funded
13 or self-insured welfare or benefit plans or programs, and any
14 other entities that provide health coverage through an
15 employer, union, trade association or other organization or
16 source, or any other entities, must provide information to
17 the Department, or its designee, that is necessary to carry
18 out the purposes of this Act, including, but not limited to,
19 the name, social security number, address, date of birth, and
20 coverage of their policyholders, their subscribers, or the
21 beneficiaries of their plans, benefits, or services who
22 participate in the programs under this Act. The provision of
23 this information to the Department or its designee is subject
24 to the confidentiality provisions in Section 8a of this Act.
25 (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
26 Sec. 5. Procedure.
27 (a) In general. Claims must be filed after January 1,
28 on forms prescribed by the Department. No claim may be filed
29 more than one year after December 31 of the year for which
30 the claim is filed except that claims for 1976 may be filed
31 until December 31, 1978. The pharmaceutical assistance
32 identification card provided for in subsection (f) of Section
33 4 shall be valid for a period of not less than to exceed one
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1 year.
2 (b) Claim is Personal. The right to file a claim under
3 this Act shall be personal to the claimant and shall not
4 survive his death, but such right may be exercised on behalf
5 of a claimant by his legal guardian or attorney-in-fact. If
6 a claimant dies after having filed a timely claim, the amount
7 thereof shall be disbursed to his surviving spouse or, if no
8 spouse survives, to his surviving dependent minor children in
9 equal parts, provided the spouse or child, as the case may
10 be, resided with the claimant at the time he filed his claim.
11 If at the time of disbursement neither the claimant nor his
12 spouse is surviving, and no dependent minor children of the
13 claimant are surviving the amount of the claim shall escheat
14 to the State.
15 (c) One claim per household. Only one member of a
16 household may file a claim under this Act in any calendar
17 year; where both members of a household are otherwise
18 entitled to claim a grant under this Act, they must agree as
19 to which of them will file a claim for that year.
20 (d) Content of application form. The form prescribed by
21 the Department for purposes of paragraph (a) shall include a
22 table, appropriately keyed to the parts of the form on which
23 the claimant is required to furnish information, which will
24 enable the claimant to determine readily the approximate
25 amount of grant to which he is entitled by relating levels of
26 household income to property taxes accrued or rent
27 constituting property taxes accrued.
28 (e) Pharmaceutical Assistance Procedures. The
29 Department shall establish the form and manner for
30 application, and establish by January 1, 1986 a procedure to
31 enable persons to apply for the additional grant or for the
32 pharmaceutical assistance identification card on the same
33 application form. The Department shall determine eligibility
34 for pharmaceutical assistance using the applicant's current
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1 income. The Department shall determine a person's current
2 income in the manner provided by the Department by rule.
3 (Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01.)".