Bill Text: IL HB0187 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act by reinstituting the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title to the Senior Citizens and Persons with Disabilities Property Tax Relief and Pharmaceutical Assistance Act. Makes conforming changes in various Acts.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2021-12-02 - Added Co-Sponsor Rep. Sam Yingling [HB0187 Detail]
Download: Illinois-2021-HB0187-Introduced.html
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning aging.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||
5 | amended by changing Section 5-45 as follows:
| ||||||||||||||||||||||||
6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||||||||||||||||||||
7 | Sec. 5-45. Emergency rulemaking. | ||||||||||||||||||||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||||||||||||||||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||||||||||||||||||||
10 | interest, safety, or
welfare. | ||||||||||||||||||||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||||||||||||||||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||||||||||||||||||||
13 | Section 5-40 and states in writing its reasons for that
| ||||||||||||||||||||||||
14 | finding, the agency may adopt an emergency rule without prior | ||||||||||||||||||||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||||||||||||||||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||||||||||||||||||||
17 | shall include the text of the
emergency rule and shall be | ||||||||||||||||||||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||||||||||||||||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||||||||||||||||||||
20 | be adopted under this Section. Subject to applicable | ||||||||||||||||||||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||||||||||||||||||||
22 | becomes effective immediately upon
filing under Section 5-65 | ||||||||||||||||||||||||
23 | or at a stated date less than 10 days
thereafter. The agency's |
| |||||||
| |||||||
1 | finding and a statement of the specific reasons
for the | ||||||
2 | finding shall be filed with the rule. The agency shall take
| ||||||
3 | reasonable and appropriate measures to make emergency rules | ||||||
4 | known to the
persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24-month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24-month period does not apply
| ||||||
11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to | ||||||
24 | subsection (c-5) of this Section. Two or more emergency rules | ||||||
25 | having substantially the same
purpose and effect shall be | ||||||
26 | deemed to be a single rule for purposes of this
Section. |
| |||||||
| |||||||
1 | (c-5) To facilitate the maintenance of the program of | ||||||
2 | group health benefits provided to annuitants, survivors, and | ||||||
3 | retired employees under the State Employees Group Insurance | ||||||
4 | Act of 1971, rules to alter the contributions to be paid by the | ||||||
5 | State, annuitants, survivors, retired employees, or any | ||||||
6 | combination of those entities, for that program of group | ||||||
7 | health benefits, shall be adopted as emergency rules. The | ||||||
8 | adoption of those rules shall be considered an emergency and | ||||||
9 | necessary for the public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act | ||||||
13 | 90-587 or 90-588
or any other budget initiative for fiscal | ||||||
14 | year 1999 may be adopted in
accordance with this Section by the | ||||||
15 | agency charged with administering that
provision or | ||||||
16 | initiative, except that the 24-month limitation on the | ||||||
17 | adoption
of emergency rules and the provisions of Sections | ||||||
18 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
19 | subsection (d). The adoption of emergency rules
authorized by | ||||||
20 | this subsection (d) shall be deemed to be necessary for the
| ||||||
21 | public interest, safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
25 | or any other budget initiative for fiscal year 2000 may be | ||||||
26 | adopted in
accordance with this Section by the agency charged |
| |||||||
| |||||||
1 | with administering that
provision or initiative, except that | ||||||
2 | the 24-month limitation on the adoption
of emergency rules and | ||||||
3 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
4 | rules adopted under this subsection (e). The adoption of | ||||||
5 | emergency rules
authorized by this subsection (e) shall be | ||||||
6 | deemed to be necessary for the
public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of Public Act | ||||||
11 | 91-712
or any other budget initiative for fiscal year 2001 may | ||||||
12 | be adopted in
accordance with this Section by the agency | ||||||
13 | charged with administering that
provision or initiative, | ||||||
14 | except that the 24-month limitation on the adoption
of | ||||||
15 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
16 | do not apply
to rules adopted under this subsection (f). The | ||||||
17 | adoption of emergency rules
authorized by this subsection (f) | ||||||
18 | shall be deemed to be necessary for the
public interest, | ||||||
19 | safety, and welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
23 | or any other budget initiative for fiscal year 2002 may be | ||||||
24 | adopted in
accordance with this Section by the agency charged | ||||||
25 | with administering that
provision or initiative, except that | ||||||
26 | the 24-month limitation on the adoption
of emergency rules and |
| |||||||
| |||||||
1 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
2 | rules adopted under this subsection (g). The adoption of | ||||||
3 | emergency rules
authorized by this subsection (g) shall be | ||||||
4 | deemed to be necessary for the
public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of Public Act | ||||||
9 | 92-597
or any other budget initiative for fiscal year 2003 may | ||||||
10 | be adopted in
accordance with this Section by the agency | ||||||
11 | charged with administering that
provision or initiative, | ||||||
12 | except that the 24-month limitation on the adoption
of | ||||||
13 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
14 | do not apply
to rules adopted under this subsection (h). The | ||||||
15 | adoption of emergency rules
authorized by this subsection (h) | ||||||
16 | shall be deemed to be necessary for the
public interest, | ||||||
17 | safety, and welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
21 | or any other budget initiative for fiscal year 2004 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (i). The adoption of |
| |||||||
| |||||||
1 | emergency rules
authorized by this subsection (i) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public | ||||||
15 | Aid may also adopt rules under this subsection (j) necessary | ||||||
16 | to administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
| ||||||
20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of | ||||||
23 | Public Act 94-48 or any other budget initiative for fiscal | ||||||
24 | year 2006 may be adopted in accordance with this Section by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative, except that the 24-month limitation on the |
| |||||||
| |||||||
1 | adoption of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
3 | subsection (k). The Department of Healthcare and Family | ||||||
4 | Services may also adopt rules under this subsection (k) | ||||||
5 | necessary to administer the Illinois Public Aid Code, the | ||||||
6 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
7 | Relief and Pharmaceutical Assistance Act, the Senior Citizens | ||||||
8 | and Disabled Persons Prescription Drug Discount Program Act | ||||||
9 | (now the Illinois Prescription Drug Discount Program Act), and | ||||||
10 | the Children's Health Insurance Program Act. The adoption of | ||||||
11 | emergency rules authorized by this subsection (k) shall be | ||||||
12 | deemed to be necessary for the public interest, safety, and | ||||||
13 | welfare.
| ||||||
14 | (l) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the
State's fiscal year | ||||||
16 | 2007 budget, the Department of Healthcare and Family Services | ||||||
17 | may adopt emergency rules during fiscal year 2007, including | ||||||
18 | rules effective July 1, 2007, in
accordance with this | ||||||
19 | subsection to the extent necessary to administer the | ||||||
20 | Department's responsibilities with respect to amendments to | ||||||
21 | the State plans and Illinois waivers approved by the federal | ||||||
22 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
23 | requirements of Title XIX and Title XXI of the federal Social | ||||||
24 | Security Act. The adoption of emergency rules
authorized by | ||||||
25 | this subsection (l) shall be deemed to be necessary for the | ||||||
26 | public interest,
safety, and welfare.
|
| |||||||
| |||||||
1 | (m) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of the
State's fiscal year | ||||||
3 | 2008 budget, the Department of Healthcare and Family Services | ||||||
4 | may adopt emergency rules during fiscal year 2008, including | ||||||
5 | rules effective July 1, 2008, in
accordance with this | ||||||
6 | subsection to the extent necessary to administer the | ||||||
7 | Department's responsibilities with respect to amendments to | ||||||
8 | the State plans and Illinois waivers approved by the federal | ||||||
9 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
10 | requirements of Title XIX and Title XXI of the federal Social | ||||||
11 | Security Act. The adoption of emergency rules
authorized by | ||||||
12 | this subsection (m) shall be deemed to be necessary for the | ||||||
13 | public interest,
safety, and welfare.
| ||||||
14 | (n) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the State's fiscal year | ||||||
16 | 2010 budget, emergency rules to implement any provision of | ||||||
17 | Public Act 96-45 or any other budget initiative authorized by | ||||||
18 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
19 | in accordance with this Section by the agency charged with | ||||||
20 | administering that provision or initiative. The adoption of | ||||||
21 | emergency rules authorized by this subsection (n) shall be | ||||||
22 | deemed to be necessary for the public interest, safety, and | ||||||
23 | welfare. The rulemaking authority granted in this subsection | ||||||
24 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
25 | 2010. | ||||||
26 | (o) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of the State's fiscal year | ||||||
2 | 2011 budget, emergency rules to implement any provision of | ||||||
3 | Public Act 96-958 or any other budget initiative authorized by | ||||||
4 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
5 | in accordance with this Section by the agency charged with | ||||||
6 | administering that provision or initiative. The adoption of | ||||||
7 | emergency rules authorized by this subsection (o) is deemed to | ||||||
8 | be necessary for the public interest, safety, and welfare. The | ||||||
9 | rulemaking authority granted in this subsection (o) applies | ||||||
10 | only to rules promulgated on or after July 1, 2010 (the | ||||||
11 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
12 | (p) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of Public Act 97-689, | ||||||
14 | emergency rules to implement any provision of Public Act | ||||||
15 | 97-689 may be adopted in accordance with this subsection (p) | ||||||
16 | by the agency charged with administering that provision or | ||||||
17 | initiative. The 150-day limitation of the effective period of | ||||||
18 | emergency rules does not apply to rules adopted under this | ||||||
19 | subsection (p), and the effective period may continue through | ||||||
20 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
21 | emergency rules does not apply to rules adopted under this | ||||||
22 | subsection (p). The adoption of emergency rules authorized by | ||||||
23 | this subsection (p) is deemed to be necessary for the public | ||||||
24 | interest, safety, and welfare. | ||||||
25 | (q) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Articles 7, 8, 9, 11, and |
| |||||||
| |||||||
1 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
2 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
3 | may be adopted in accordance with this subsection (q) by the | ||||||
4 | agency charged with administering that provision or | ||||||
5 | initiative. The 24-month limitation on the adoption of | ||||||
6 | emergency rules does not apply to rules adopted under this | ||||||
7 | subsection (q). The adoption of emergency rules authorized by | ||||||
8 | this subsection (q) is deemed to be necessary for the public | ||||||
9 | interest, safety, and welfare. | ||||||
10 | (r) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 98-651, | ||||||
12 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
13 | in accordance with this subsection (r) by the Department of | ||||||
14 | Healthcare and Family Services. The 24-month limitation on the | ||||||
15 | adoption of emergency rules does not apply to rules adopted | ||||||
16 | under this subsection (r). The adoption of emergency rules | ||||||
17 | authorized by this subsection (r) is deemed to be necessary | ||||||
18 | for the public interest, safety, and welfare. | ||||||
19 | (s) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of Sections 5-5b.1 and 5A-2 | ||||||
21 | of the Illinois Public Aid Code, emergency rules to implement | ||||||
22 | any provision of Section 5-5b.1 or Section 5A-2 of the | ||||||
23 | Illinois Public Aid Code may be adopted in accordance with | ||||||
24 | this subsection (s) by the Department of Healthcare and Family | ||||||
25 | Services. The rulemaking authority granted in this subsection | ||||||
26 | (s) shall apply only to those rules adopted prior to July 1, |
| |||||||
| |||||||
1 | 2015. Notwithstanding any other provision of this Section, any | ||||||
2 | emergency rule adopted under this subsection (s) shall only | ||||||
3 | apply to payments made for State fiscal year 2015. The | ||||||
4 | adoption of emergency rules authorized by this subsection (s) | ||||||
5 | is deemed to be necessary for the public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (t) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Article II of Public Act | ||||||
9 | 99-6, emergency rules to implement the changes made by Article | ||||||
10 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
11 | be adopted in accordance with this subsection (t) by the | ||||||
12 | Department of State Police. The rulemaking authority granted | ||||||
13 | in this subsection (t) shall apply only to those rules adopted | ||||||
14 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
15 | of emergency rules does not apply to rules adopted under this | ||||||
16 | subsection (t). The adoption of emergency rules authorized by | ||||||
17 | this subsection (t) is deemed to be necessary for the public | ||||||
18 | interest, safety, and welfare. | ||||||
19 | (u) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the Burn Victims Relief | ||||||
21 | Act, emergency rules to implement any provision of the Act may | ||||||
22 | be adopted in accordance with this subsection (u) by the | ||||||
23 | Department of Insurance. The rulemaking authority granted in | ||||||
24 | this subsection (u) shall apply only to those rules adopted | ||||||
25 | prior to December 31, 2015. The adoption of emergency rules | ||||||
26 | authorized by this subsection (u) is deemed to be necessary |
| |||||||
| |||||||
1 | for the public interest, safety, and welfare. | ||||||
2 | (v) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 99-516, | ||||||
4 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
5 | in accordance with this subsection (v) by the Department of | ||||||
6 | Healthcare and Family Services. The 24-month limitation on the | ||||||
7 | adoption of emergency rules does not apply to rules adopted | ||||||
8 | under this subsection (v). The adoption of emergency rules | ||||||
9 | authorized by this subsection (v) is deemed to be necessary | ||||||
10 | for the public interest, safety, and welfare. | ||||||
11 | (w) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 99-796, | ||||||
13 | emergency rules to implement the changes made by Public Act | ||||||
14 | 99-796 may be adopted in accordance with this subsection (w) | ||||||
15 | by the Adjutant General. The adoption of emergency rules | ||||||
16 | authorized by this subsection (w) is deemed to be necessary | ||||||
17 | for the public interest, safety, and welfare. | ||||||
18 | (x) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 99-906, | ||||||
20 | emergency rules to implement subsection (i) of Section | ||||||
21 | 16-115D, subsection (g) of Section 16-128A, and subsection (a) | ||||||
22 | of Section 16-128B of the Public Utilities Act may be adopted | ||||||
23 | in accordance with this subsection (x) by the Illinois | ||||||
24 | Commerce Commission. The rulemaking authority granted in this | ||||||
25 | subsection (x) shall apply only to those rules adopted within | ||||||
26 | 180 days after June 1, 2017 (the effective date of Public Act |
| |||||||
| |||||||
1 | 99-906). The adoption of emergency rules authorized by this | ||||||
2 | subsection (x) is deemed to be necessary for the public | ||||||
3 | interest, safety, and welfare. | ||||||
4 | (y) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of Public Act 100-23, | ||||||
6 | emergency rules to implement the changes made by Public Act | ||||||
7 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
8 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
9 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
10 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
11 | Developmental Disabilities Administrative Act may be adopted | ||||||
12 | in accordance with this subsection (y) by the respective | ||||||
13 | Department. The adoption of emergency rules authorized by this | ||||||
14 | subsection (y) is deemed to be necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | (z) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 100-554, | ||||||
18 | emergency rules to implement the changes made by Public Act | ||||||
19 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
20 | adopted in accordance with this subsection (z) by the | ||||||
21 | Secretary of State. The adoption of emergency rules authorized | ||||||
22 | by this subsection (z) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (aa) In order to provide for the expeditious and timely | ||||||
25 | initial implementation of the changes made to Articles 5, 5A, | ||||||
26 | 12, and 14 of the Illinois Public Aid Code under the provisions |
| |||||||
| |||||||
1 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
2 | Services may adopt emergency rules in accordance with this | ||||||
3 | subsection (aa). The 24-month limitation on the adoption of | ||||||
4 | emergency rules does not apply to rules to initially implement | ||||||
5 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
6 | Public Aid Code adopted under this subsection (aa). The | ||||||
7 | adoption of emergency rules authorized by this subsection (aa) | ||||||
8 | is deemed to be necessary for the public interest, safety, and | ||||||
9 | welfare. | ||||||
10 | (bb) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 100-587, | ||||||
12 | emergency rules to implement the changes made by Public Act | ||||||
13 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
14 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
15 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
16 | Drug Abuse and Dependency Act, Section 5-104 of the | ||||||
17 | Specialized Mental Health Rehabilitation Act of 2013, and | ||||||
18 | Section 75 and subsection (b) of Section 74 of the Mental | ||||||
19 | Health and Developmental Disabilities Administrative Act may | ||||||
20 | be adopted in accordance with this subsection (bb) by the | ||||||
21 | respective Department. The adoption of emergency rules | ||||||
22 | authorized by this subsection (bb) is deemed to be necessary | ||||||
23 | for the public interest, safety, and welfare. | ||||||
24 | (cc) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 100-587, | ||||||
26 | emergency rules may be adopted in accordance with this |
| |||||||
| |||||||
1 | subsection (cc) to implement the changes made by Public Act | ||||||
2 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
3 | Pension Code by the Board created under Article 14 of the Code; | ||||||
4 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
5 | the Board created under Article 15 of the Code; and Sections | ||||||
6 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the | ||||||
7 | Board created under Article 16 of the Code. The adoption of | ||||||
8 | emergency rules authorized by this subsection (cc) is deemed | ||||||
9 | to be necessary for the public interest, safety, and welfare. | ||||||
10 | (dd) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 100-864, | ||||||
12 | emergency rules to implement the changes made by Public Act | ||||||
13 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
14 | may be adopted in accordance with this subsection (dd) by the | ||||||
15 | Secretary of State. The adoption of emergency rules authorized | ||||||
16 | by this subsection (dd) is deemed to be necessary for the | ||||||
17 | public interest, safety, and welfare. | ||||||
18 | (ee) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 100-1172, | ||||||
20 | emergency rules implementing the Illinois Underground Natural | ||||||
21 | Gas Storage Safety Act may be adopted in accordance with this | ||||||
22 | subsection by the Department of Natural Resources. The | ||||||
23 | adoption of emergency rules authorized by this subsection is | ||||||
24 | deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare. | ||||||
26 | (ff) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | initial implementation of the changes made to Articles 5A and | ||||||
2 | 14 of the Illinois Public Aid Code under the provisions of | ||||||
3 | Public Act 100-1181, the Department of Healthcare and Family | ||||||
4 | Services may on a one-time-only basis adopt emergency rules in | ||||||
5 | accordance with this subsection (ff). The 24-month limitation | ||||||
6 | on the adoption of emergency rules does not apply to rules to | ||||||
7 | initially implement the changes made to Articles 5A and 14 of | ||||||
8 | the Illinois Public Aid Code adopted under this subsection | ||||||
9 | (ff). The adoption of emergency rules authorized by this | ||||||
10 | subsection (ff) is deemed to be necessary for the public | ||||||
11 | interest, safety, and welfare. | ||||||
12 | (gg) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of Public Act 101-1, | ||||||
14 | emergency rules may be adopted by the Department of Labor in | ||||||
15 | accordance with this subsection (gg) to implement the changes | ||||||
16 | made by Public Act 101-1 to the Minimum Wage Law. The adoption | ||||||
17 | of emergency rules authorized by this subsection (gg) is | ||||||
18 | deemed to be necessary for the public interest, safety, and | ||||||
19 | welfare. | ||||||
20 | (hh) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 101-10, | ||||||
22 | emergency rules may be adopted in accordance with this | ||||||
23 | subsection (hh) to implement the changes made by Public Act | ||||||
24 | 101-10 to subsection (j) of Section 5-5.2 of the Illinois | ||||||
25 | Public Aid Code. The adoption of emergency rules authorized by | ||||||
26 | this subsection (hh) is deemed to be necessary for the public |
| |||||||
| |||||||
1 | interest, safety, and welfare. | ||||||
2 | (ii) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 101-10, | ||||||
4 | emergency rules to implement the changes made by Public Act | ||||||
5 | 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid | ||||||
6 | Code may be adopted in accordance with this subsection (ii) by | ||||||
7 | the Department of Public Health. The adoption of emergency | ||||||
8 | rules authorized by this subsection (ii) is deemed to be | ||||||
9 | necessary for the public interest, safety, and welfare. | ||||||
10 | (jj) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 101-10, | ||||||
12 | emergency rules to implement the changes made by Public Act | ||||||
13 | 101-10 to Section 74 of the Mental Health and Developmental | ||||||
14 | Disabilities Administrative Act may be adopted in accordance | ||||||
15 | with this subsection (jj) by the Department of Human Services. | ||||||
16 | The adoption of emergency rules authorized by this subsection | ||||||
17 | (jj) is deemed to be necessary for the public interest, | ||||||
18 | safety, and welfare. | ||||||
19 | (kk) In order to provide for the expeditious and timely | ||||||
20 | implementation of the Cannabis Regulation and Tax Act and | ||||||
21 | Public Act 101-27, the Department of Revenue, the Department | ||||||
22 | of Public Health, the Department of Agriculture, the | ||||||
23 | Department of State Police, and the Department of Financial | ||||||
24 | and Professional Regulation may adopt emergency rules in | ||||||
25 | accordance with this subsection (kk). The rulemaking authority | ||||||
26 | granted in this subsection (kk) shall apply only to rules |
| |||||||
| |||||||
1 | adopted before December 31, 2021. Notwithstanding the | ||||||
2 | provisions of subsection (c), emergency rules adopted under | ||||||
3 | this subsection (kk) shall be effective for 180 days. The | ||||||
4 | adoption of emergency rules authorized by this subsection (kk) | ||||||
5 | is deemed to be necessary for the public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (ll) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the Leveling the Playing | ||||||
9 | Field for Illinois Retail Act, emergency rules may be adopted | ||||||
10 | in accordance with this subsection (ll) to implement the | ||||||
11 | changes made by the Leveling the Playing Field for Illinois | ||||||
12 | Retail Act. The adoption of emergency rules authorized by this | ||||||
13 | subsection (ll) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (mm) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Section 25-70 of the | ||||||
17 | Sports Wagering Act, emergency rules to implement Section | ||||||
18 | 25-70 of the Sports Wagering Act may be adopted in accordance | ||||||
19 | with this subsection (mm) by the Department of the Lottery as | ||||||
20 | provided in the Sports Wagering Act. The adoption of emergency | ||||||
21 | rules authorized by this subsection (mm) is deemed to be | ||||||
22 | necessary for the public interest, safety, and welfare. | ||||||
23 | (nn) In order to provide for the expeditious and timely | ||||||
24 | implementation of the Sports Wagering Act, emergency rules to | ||||||
25 | implement the Sports Wagering Act may be adopted in accordance | ||||||
26 | with this subsection (nn) by the Illinois Gaming Board. The |
| |||||||
| |||||||
1 | adoption of emergency rules authorized by this subsection (nn) | ||||||
2 | is deemed to be necessary for the public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (oo) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of subsection (c) of Section | ||||||
6 | 20 of the Video Gaming Act, emergency rules to implement the | ||||||
7 | provisions of subsection (c) of Section 20 of the Video Gaming | ||||||
8 | Act may be adopted in accordance with this subsection (oo) by | ||||||
9 | the Illinois Gaming Board. The adoption of emergency rules | ||||||
10 | authorized by this subsection (oo) is deemed to be necessary | ||||||
11 | for the public interest, safety, and welfare. | ||||||
12 | (pp) In order to provide for the expeditious and timely
| ||||||
13 | implementation of the provisions of Section 50 of the Sexual
| ||||||
14 | Assault Evidence Submission Act, emergency rules to implement
| ||||||
15 | Section 50 of the Sexual Assault Evidence Submission Act may | ||||||
16 | be
adopted in accordance with this subsection (pp) by the
| ||||||
17 | Department of State Police. The adoption of emergency rules
| ||||||
18 | authorized by this subsection (pp) is deemed to be necessary
| ||||||
19 | for the public interest, safety, and welfare. | ||||||
20 | (qq) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the Illinois Works Jobs | ||||||
22 | Program Act, emergency rules may be adopted in accordance with | ||||||
23 | this subsection (qq) to implement the Illinois Works Jobs | ||||||
24 | Program Act. The adoption of emergency rules authorized by | ||||||
25 | this subsection (qq) is deemed to be necessary for the public | ||||||
26 | interest, safety, and welfare. |
| |||||||
| |||||||
1 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
2 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
3 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
4 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | ||||||
5 | 3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, | ||||||
6 | eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; | ||||||
7 | 101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. | ||||||
8 | 6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; | ||||||
9 | 101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. | ||||||
10 | 8-16-19; 101-601, eff. 12-10-19.)
| ||||||
11 | Section 5. The State Comptroller Act is amended by | ||||||
12 | changing Section 10.05 as follows:
| ||||||
13 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
| ||||||
14 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
15 | for deduction. Whenever any person shall be entitled to a | ||||||
16 | warrant or other
payment from the treasury or other funds held | ||||||
17 | by the State Treasurer, on any
account, against whom there | ||||||
18 | shall be any then due and payable account or claim in favor of | ||||||
19 | the
State, the United States upon certification by the | ||||||
20 | Secretary of the Treasury of the United States, or his or her | ||||||
21 | delegate, pursuant to a reciprocal offset agreement under | ||||||
22 | subsection (i-1) of Section 10 of the Illinois State | ||||||
23 | Collection Act of 1986, or a unit of local government, a school | ||||||
24 | district, a public institution of higher education, as defined |
| |||||||
| |||||||
1 | in Section 1 of the Board of Higher Education Act, or the clerk | ||||||
2 | of a circuit court, upon certification by that entity, the | ||||||
3 | Comptroller, upon notification thereof, shall
ascertain the | ||||||
4 | amount due and payable to the State, the United States, the | ||||||
5 | unit of local government, the school district, the public | ||||||
6 | institution of higher education, or the clerk of the circuit | ||||||
7 | court, as aforesaid, and draw a
warrant on the treasury or on | ||||||
8 | other funds held by the State Treasurer, stating
the amount | ||||||
9 | for which the party was entitled to a warrant or other payment, | ||||||
10 | the
amount deducted therefrom, and on what account, and | ||||||
11 | directing the payment of
the balance; which warrant or payment | ||||||
12 | as so drawn shall be entered on the books
of the Treasurer, and | ||||||
13 | such balance only shall be paid. The Comptroller may
deduct | ||||||
14 | any one or more of the following: (i) the entire amount due and | ||||||
15 | payable to the State or a portion
of the amount due and payable | ||||||
16 | to the State in accordance with the request of
the notifying | ||||||
17 | agency; (ii) the entire amount due and payable to the United | ||||||
18 | States or a portion of the amount due and payable to the United | ||||||
19 | States in accordance with a reciprocal offset agreement under | ||||||
20 | subsection (i-1) of Section 10 of the Illinois State | ||||||
21 | Collection Act of 1986; or (iii) the entire amount due and | ||||||
22 | payable to the unit of local government, school district, | ||||||
23 | public institution of higher education, or clerk of the | ||||||
24 | circuit court, or a portion of the amount due and payable to | ||||||
25 | that entity, in accordance with an intergovernmental agreement | ||||||
26 | authorized under this Section and Section 10.05d. No request |
| |||||||
| |||||||
1 | from a notifying agency, the Secretary of the Treasury of the | ||||||
2 | United States, a unit of local government, a school district, | ||||||
3 | a public institution of higher education, or the clerk of a | ||||||
4 | circuit court for an amount to be
deducted under this Section | ||||||
5 | from a wage or salary payment, from a
contractual payment to an | ||||||
6 | individual for personal services, or from pension annuity | ||||||
7 | payments made under the Illinois Pension Code shall exceed 25% | ||||||
8 | of
the net amount of such payment. "Net amount" means that part | ||||||
9 | of the earnings
of an individual remaining after deduction of | ||||||
10 | any amounts required by law to be
withheld. For purposes of | ||||||
11 | this provision, wage, salary or other payments for
personal | ||||||
12 | services shall not include final compensation payments for the | ||||||
13 | value
of accrued vacation, overtime or sick leave. Whenever | ||||||
14 | the Comptroller draws a
warrant or makes a payment involving a | ||||||
15 | deduction ordered under this Section,
the Comptroller shall | ||||||
16 | notify the payee and the State agency that submitted
the | ||||||
17 | voucher of the reason for the deduction and he or she shall | ||||||
18 | retain a record of such
statement in his or her
records. As | ||||||
19 | used in this Section, an "account or
claim in favor of the | ||||||
20 | State" includes all amounts owing to "State agencies"
as | ||||||
21 | defined in Section 7 of this Act. However, the Comptroller | ||||||
22 | shall not be
required to accept accounts or claims owing to | ||||||
23 | funds not held by the State
Treasurer, where such accounts or | ||||||
24 | claims do not exceed $50, nor shall the
Comptroller deduct | ||||||
25 | from funds held by the State Treasurer under the Senior
| ||||||
26 | Citizens and Persons with Disabilities Property Tax Relief and |
| |||||||
| |||||||
1 | Pharmaceutical Assistance Act or for payments to institutions | ||||||
2 | from the Illinois Prepaid Tuition Trust
Fund
(unless the Trust | ||||||
3 | Fund
moneys are used for child support).
The Comptroller shall | ||||||
4 | not deduct from payments to be disbursed from the Child | ||||||
5 | Support Enforcement Trust Fund as provided for under Section | ||||||
6 | 12-10.2 of the Illinois Public Aid Code, except for payments | ||||||
7 | representing interest on child support obligations under | ||||||
8 | Section 10-16.5 of that Code. The Comptroller and the
| ||||||
9 | Department of Revenue shall enter into an
interagency | ||||||
10 | agreement to establish responsibilities, duties, and | ||||||
11 | procedures
relating to deductions from lottery prizes awarded | ||||||
12 | under Section 20.1
of the Illinois Lottery Law. The | ||||||
13 | Comptroller may enter into an intergovernmental agreement with | ||||||
14 | the Department of Revenue and the Secretary of the Treasury of | ||||||
15 | the United States, or his or her delegate, to establish | ||||||
16 | responsibilities, duties, and procedures relating to | ||||||
17 | reciprocal offset of delinquent State and federal obligations | ||||||
18 | pursuant to subsection (i-1) of Section 10 of the Illinois | ||||||
19 | State Collection Act of 1986. The Comptroller may enter into | ||||||
20 | intergovernmental agreements with any unit of local | ||||||
21 | government, school district, public institution of higher | ||||||
22 | education, or clerk of a circuit court to establish | ||||||
23 | responsibilities, duties, and procedures to provide for the | ||||||
24 | offset, by the Comptroller, of obligations owed to those | ||||||
25 | entities.
| ||||||
26 | For the purposes of this Section, "clerk of a circuit |
| |||||||
| |||||||
1 | court" means the clerk of a circuit court in any county in the | ||||||
2 | State. | ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.)
| ||||||
4 | Section 10. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.15 as follows:
| ||||||
6 | (20 ILCS 105/4.15) | ||||||
7 | Sec. 4.15. Eligibility determinations. | ||||||
8 | (a) The Department is authorized to make eligibility | ||||||
9 | determinations for benefits administered by other governmental | ||||||
10 | bodies based on the Senior Citizens and Persons with | ||||||
11 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
12 | Act as follows: | ||||||
13 | (i) for the Secretary of State with respect to reduced | ||||||
14 | fees paid by qualified vehicle owners under the Illinois | ||||||
15 | Vehicle Code; | ||||||
16 | (ii) for special districts that offer free fixed route | ||||||
17 | public transportation services for qualified older adults | ||||||
18 | under the Local Mass Transit District Act, the | ||||||
19 | Metropolitan Transit Authority Act, and the Regional | ||||||
20 | Transportation Authority Act; and | ||||||
21 | (iii) for special districts that offer transit | ||||||
22 | services for qualified individuals with disabilities under | ||||||
23 | the Local Mass Transit District Act, the Metropolitan | ||||||
24 | Transit Authority Act, and the Regional Transportation |
| |||||||
| |||||||
1 | Authority Act. | ||||||
2 | (b) The Department shall establish the manner by which | ||||||
3 | claimants shall apply for these benefits. The Department is | ||||||
4 | authorized to promulgate rules regarding the following | ||||||
5 | matters: the application cycle; the application process; the | ||||||
6 | content for an electronic application; required personal | ||||||
7 | identification information; acceptable proof of eligibility as | ||||||
8 | to age, disability status, marital status, residency, and | ||||||
9 | household income limits; household composition; calculating | ||||||
10 | income; use of social security numbers; duration of | ||||||
11 | eligibility determinations; and any other matters necessary | ||||||
12 | for such administrative operations. | ||||||
13 | (c) All information received by the Department from an | ||||||
14 | application or from any investigation to determine eligibility | ||||||
15 | for benefits shall be confidential, except for official | ||||||
16 | purposes. | ||||||
17 | (d) A person may not under any circumstances charge a fee | ||||||
18 | to a claimant for assistance in completing an application form | ||||||
19 | for these benefits.
| ||||||
20 | (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
| ||||||
21 | Section 15. The State Finance Act is amended by changing | ||||||
22 | Sections 6z-52 and 6z-81 as follows:
| ||||||
23 | (30 ILCS 105/6z-52)
| ||||||
24 | Sec. 6z-52. Drug Rebate Fund.
|
| |||||||
| |||||||
1 | (a) There is created in the State Treasury a special fund | ||||||
2 | to be known as
the Drug Rebate Fund.
| ||||||
3 | (b) The Fund is created for the purpose of receiving and | ||||||
4 | disbursing moneys
in accordance with this Section. | ||||||
5 | Disbursements from the Fund shall be made,
subject to | ||||||
6 | appropriation, only as follows:
| ||||||
7 | (1) For payments for reimbursement or coverage for | ||||||
8 | prescription drugs and other pharmacy products
provided to | ||||||
9 | a recipient of medical assistance under the Illinois | ||||||
10 | Public Aid Code, the Children's Health Insurance Program | ||||||
11 | Act, the Covering ALL KIDS Health Insurance Act, and the | ||||||
12 | Veterans' Health Insurance Program Act of 2008 , and the | ||||||
13 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
14 | Relief and Pharmaceutical Assistance Act .
| ||||||
15 | (1.5) For payments to managed care organizations as
| ||||||
16 | defined in Section 5-30.1 of the Illinois Public Aid Code. | ||||||
17 | (2) For reimbursement of moneys collected by the | ||||||
18 | Department of Healthcare and Family Services (formerly
| ||||||
19 | Illinois Department of
Public Aid) through error or | ||||||
20 | mistake.
| ||||||
21 | (3) For payments of any amounts that are reimbursable | ||||||
22 | to the federal
government resulting from a payment into | ||||||
23 | this Fund.
| ||||||
24 | (4) (Blank). For payments of operational and | ||||||
25 | administrative expenses related to providing and managing | ||||||
26 | coverage for prescription drugs and other pharmacy |
| |||||||
| |||||||
1 | products provided to a recipient of medical assistance | ||||||
2 | under the Illinois Public Aid Code, the Children's Health | ||||||
3 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
4 | Insurance Act, and the Veterans' Health Insurance Program | ||||||
5 | Act of 2008. | ||||||
6 | (c) The Fund shall consist of the following:
| ||||||
7 | (1) Upon notification from the Director of Healthcare | ||||||
8 | and Family Services, the Comptroller
shall direct and the | ||||||
9 | Treasurer shall transfer the net State share (disregarding | ||||||
10 | the reduction in net State share attributable to the | ||||||
11 | American Recovery and Reinvestment Act of 2009 or any | ||||||
12 | other federal economic stimulus program) of all moneys
| ||||||
13 | received by the Department of Healthcare and Family | ||||||
14 | Services (formerly Illinois Department of Public Aid) from | ||||||
15 | drug rebate agreements
with pharmaceutical manufacturers | ||||||
16 | pursuant to Title XIX of the federal Social
Security Act, | ||||||
17 | including any portion of the balance in the Public Aid | ||||||
18 | Recoveries
Trust Fund on July 1, 2001 that is attributable | ||||||
19 | to such receipts.
| ||||||
20 | (2) All federal matching funds received by the | ||||||
21 | Illinois Department as a
result of expenditures made by | ||||||
22 | the Department that are attributable to moneys
deposited | ||||||
23 | in the Fund.
| ||||||
24 | (3) Any premium collected by the Illinois Department | ||||||
25 | from participants
under a waiver approved by the federal | ||||||
26 | government relating to provision of
pharmaceutical |
| |||||||
| |||||||
1 | services.
| ||||||
2 | (4) All other moneys received for the Fund from any | ||||||
3 | other source,
including interest earned thereon.
| ||||||
4 | (Source: P.A. 100-23, eff. 7-6-17.)
| ||||||
5 | (30 ILCS 105/6z-81) | ||||||
6 | Sec. 6z-81. Healthcare Provider Relief Fund. | ||||||
7 | (a) There is created in the State treasury a special fund | ||||||
8 | to be known as the Healthcare Provider Relief Fund. | ||||||
9 | (b) The Fund is created for the purpose of receiving and | ||||||
10 | disbursing moneys in accordance with this Section. | ||||||
11 | Disbursements from the Fund shall be made only as follows: | ||||||
12 | (1) Subject to appropriation, for payment by the | ||||||
13 | Department of Healthcare and
Family Services or by the | ||||||
14 | Department of Human Services of medical bills and related | ||||||
15 | expenses, including administrative expenses, for which the | ||||||
16 | State is responsible under Titles XIX and XXI of the | ||||||
17 | Social Security Act, the Illinois Public Aid Code, the | ||||||
18 | Children's Health Insurance Program Act, the Covering ALL | ||||||
19 | KIDS Health Insurance Act, the Senior Citizens and Persons | ||||||
20 | with
Disabilities Property Tax Relief and Pharmaceutical
| ||||||
21 | Assistance Act, and the Long Term Acute Care Hospital | ||||||
22 | Quality Improvement Transfer Program Act. | ||||||
23 | (2) For repayment of funds borrowed from other State
| ||||||
24 | funds or from outside sources, including interest thereon. | ||||||
25 | (3) For making payments to the human poison control |
| |||||||
| |||||||
1 | center pursuant to Section 12-4.105 of the Illinois Public | ||||||
2 | Aid Code. | ||||||
3 | (c) The Fund shall consist of the following: | ||||||
4 | (1) Moneys received by the State from short-term
| ||||||
5 | borrowing pursuant to the Short Term Borrowing Act on or | ||||||
6 | after the effective date of Public Act 96-820. | ||||||
7 | (2) All federal matching funds received by the
| ||||||
8 | Illinois Department of Healthcare and Family Services as a | ||||||
9 | result of expenditures made by the Department that are | ||||||
10 | attributable to moneys deposited in the Fund. | ||||||
11 | (3) All federal matching funds received by the
| ||||||
12 | Illinois Department of Healthcare and Family Services as a | ||||||
13 | result of federal approval of Title XIX State plan | ||||||
14 | amendment transmittal number 07-09. | ||||||
15 | (3.5) Proceeds from the assessment authorized under | ||||||
16 | Article V-H of the Illinois Public Aid Code. | ||||||
17 | (4) All other moneys received for the Fund from any
| ||||||
18 | other source, including interest earned thereon. | ||||||
19 | (5) All federal matching funds received by the
| ||||||
20 | Illinois Department of Healthcare and Family Services as a | ||||||
21 | result of expenditures made by the Department for Medical | ||||||
22 | Assistance from the General Revenue Fund, the Tobacco | ||||||
23 | Settlement Recovery Fund, the Long-Term Care Provider | ||||||
24 | Fund, and the Drug Rebate Fund related to individuals | ||||||
25 | eligible for medical assistance pursuant to the Patient | ||||||
26 | Protection and Affordable Care Act (P.L. 111-148) and |
| |||||||
| |||||||
1 | Section 5-2 of the Illinois Public Aid Code. | ||||||
2 | (d) In addition to any other transfers that may be | ||||||
3 | provided for by law, on the effective date of Public Act 97-44, | ||||||
4 | or as soon thereafter as practical, the State Comptroller | ||||||
5 | shall direct and the State Treasurer shall transfer the sum of | ||||||
6 | $365,000,000 from the General Revenue Fund into the Healthcare | ||||||
7 | Provider Relief Fund.
| ||||||
8 | (e) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $160,000,000 from the | ||||||
12 | General Revenue Fund to the Healthcare Provider Relief Fund. | ||||||
13 | (f) Notwithstanding any other State law to the contrary, | ||||||
14 | and in addition to any other transfers that may be provided for | ||||||
15 | by law, the State Comptroller shall order transferred and the | ||||||
16 | State Treasurer shall transfer $500,000,000 to the Healthcare | ||||||
17 | Provider Relief Fund from the General Revenue Fund in equal | ||||||
18 | monthly installments of $100,000,000, with the first transfer | ||||||
19 | to be made on July 1, 2012, or as soon thereafter as practical, | ||||||
20 | and with each of the remaining transfers to be made on August | ||||||
21 | 1, 2012, September 1, 2012, October 1, 2012, and November 1, | ||||||
22 | 2012, or as soon thereafter as practical. This transfer may | ||||||
23 | assist the Department of Healthcare and Family Services in | ||||||
24 | improving Medical Assistance bill processing timeframes or in | ||||||
25 | meeting the possible requirements of Senate Bill 3397, or | ||||||
26 | other similar legislation, of the 97th General Assembly should |
| |||||||
| |||||||
1 | it become law. | ||||||
2 | (g) Notwithstanding any other State law to the contrary, | ||||||
3 | and in addition to any other transfers that may be provided for | ||||||
4 | by law, on July 1, 2013, or as soon thereafter as may be | ||||||
5 | practical, the State Comptroller shall direct and the State | ||||||
6 | Treasurer shall transfer the sum of $601,000,000 from the | ||||||
7 | General Revenue Fund to the Healthcare Provider Relief Fund. | ||||||
8 | (Source: P.A. 100-587, eff. 6-4-18; 101-9, eff. 6-5-19; | ||||||
9 | 101-650, eff. 7-7-20.)
| ||||||
10 | Section 20. The Downstate Public Transportation Act is | ||||||
11 | amended by changing Sections 2-15.2 and 2-15.3 as follows:
| ||||||
12 | (30 ILCS 740/2-15.2) | ||||||
13 | Sec. 2-15.2. Free services; eligibility. | ||||||
14 | (a) Notwithstanding any law to the contrary, no later than | ||||||
15 | 60 days following the effective date of this amendatory Act of | ||||||
16 | the 95th General Assembly and until subsection (b) is | ||||||
17 | implemented, any fixed route public transportation services | ||||||
18 | provided by, or under grant or purchase of service contracts | ||||||
19 | of, every participant, as defined in Section 2-2.02 (1)(a), | ||||||
20 | shall be provided without charge to all senior citizen | ||||||
21 | residents of the participant aged 65 and older, under such | ||||||
22 | conditions as shall be prescribed by the participant. | ||||||
23 | (b) Notwithstanding any law to the contrary, no later than | ||||||
24 | 180 days following the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 96th General Assembly, any fixed route public | ||||||
2 | transportation services provided by, or under grant or | ||||||
3 | purchase of service contracts of, every participant, as | ||||||
4 | defined in Section 2-2.02 (1)(a), shall be provided without | ||||||
5 | charge to senior citizens aged 65 and older who meet the income | ||||||
6 | eligibility limitation set forth in subsection (a-5) of | ||||||
7 | Section 4 of the Senior Citizens and Persons with Disabilities | ||||||
8 | Property Tax Relief and Pharmaceutical Assistance Act, under | ||||||
9 | such conditions as shall be prescribed by the participant. The | ||||||
10 | Department on Aging shall furnish all information reasonably | ||||||
11 | necessary to determine eligibility, including updated lists of | ||||||
12 | individuals who are eligible for services without charge under | ||||||
13 | this Section. Nothing in this Section shall relieve the | ||||||
14 | participant from providing reduced fares as may be required by | ||||||
15 | federal law.
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
17 | (30 ILCS 740/2-15.3)
| ||||||
18 | Sec. 2-15.3. Transit services for individuals with | ||||||
19 | disabilities. Notwithstanding any law to the contrary, no | ||||||
20 | later than 60 days following the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly, all fixed route | ||||||
22 | public transportation services provided by, or under grant or | ||||||
23 | purchase of service contract of, any participant shall be | ||||||
24 | provided without charge to all persons with disabilities who | ||||||
25 | meet the income eligibility limitation set forth in subsection |
| |||||||
| |||||||
1 | (a-5) of Section 4 of the Senior Citizens and Persons with | ||||||
2 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
3 | Act, under such procedures as shall be prescribed by the | ||||||
4 | participant. The Department on Aging shall furnish all | ||||||
5 | information reasonably necessary to determine eligibility, | ||||||
6 | including updated lists of individuals who are eligible for | ||||||
7 | services without charge under this Section.
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
9 | Section 25. The Property Tax Code is amended by changing | ||||||
10 | Sections 15-172, 15-175, 20-15, and 21-27 as follows:
| ||||||
11 | (35 ILCS 200/15-172)
| ||||||
12 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
13 | Exemption.
| ||||||
14 | (a) This Section may be cited as the Senior Citizens | ||||||
15 | Assessment
Freeze Homestead Exemption.
| ||||||
16 | (b) As used in this Section:
| ||||||
17 | "Applicant" means an individual who has filed an | ||||||
18 | application under this
Section.
| ||||||
19 | "Base amount" means the base year equalized assessed value | ||||||
20 | of the residence
plus the first year's equalized assessed | ||||||
21 | value of any added improvements which
increased the assessed | ||||||
22 | value of the residence after the base year.
| ||||||
23 | "Base year" means the taxable year prior to the taxable | ||||||
24 | year for which the
applicant first qualifies and applies for |
| |||||||
| |||||||
1 | the exemption provided that in the
prior taxable year the | ||||||
2 | property was improved with a permanent structure that
was | ||||||
3 | occupied as a residence by the applicant who was liable for | ||||||
4 | paying real
property taxes on the property and who was either | ||||||
5 | (i) an owner of record of the
property or had legal or | ||||||
6 | equitable interest in the property as evidenced by a
written | ||||||
7 | instrument or (ii) had a legal or equitable interest as a | ||||||
8 | lessee in the
parcel of property that was single family | ||||||
9 | residence.
If in any subsequent taxable year for which the | ||||||
10 | applicant applies and
qualifies for the exemption the | ||||||
11 | equalized assessed value of the residence is
less than the | ||||||
12 | equalized assessed value in the existing base year
(provided | ||||||
13 | that such equalized assessed value is not
based
on an
assessed | ||||||
14 | value that results from a temporary irregularity in the | ||||||
15 | property that
reduces the
assessed value for one or more | ||||||
16 | taxable years), then that
subsequent taxable year shall become | ||||||
17 | the base year until a new base year is
established under the | ||||||
18 | terms of this paragraph. For taxable year 1999 only, the
Chief | ||||||
19 | County Assessment Officer shall review (i) all taxable years | ||||||
20 | for which
the
applicant applied and qualified for the | ||||||
21 | exemption and (ii) the existing base
year.
The assessment | ||||||
22 | officer shall select as the new base year the year with the
| ||||||
23 | lowest equalized assessed value.
An equalized assessed value | ||||||
24 | that is based on an assessed value that results
from a
| ||||||
25 | temporary irregularity in the property that reduces the | ||||||
26 | assessed value for one
or more
taxable years shall not be |
| |||||||
| |||||||
1 | considered the lowest equalized assessed value.
The selected | ||||||
2 | year shall be the base year for
taxable year 1999 and | ||||||
3 | thereafter until a new base year is established under the
| ||||||
4 | terms of this paragraph.
| ||||||
5 | "Chief County Assessment Officer" means the County | ||||||
6 | Assessor or Supervisor of
Assessments of the county in which | ||||||
7 | the property is located.
| ||||||
8 | "Equalized assessed value" means the assessed value as | ||||||
9 | equalized by the
Illinois Department of Revenue.
| ||||||
10 | "Household" means the applicant, the spouse of the | ||||||
11 | applicant, and all persons
using the residence of the | ||||||
12 | applicant as their principal place of residence.
| ||||||
13 | "Household income" means the combined income of the | ||||||
14 | members of a household
for the calendar year preceding the | ||||||
15 | taxable year.
| ||||||
16 | "Income" has the same meaning as provided in Section 3.07 | ||||||
17 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
18 | Tax Relief
and Pharmaceutical Assistance Act, except that, | ||||||
19 | beginning in assessment year 2001, "income" does not
include | ||||||
20 | veteran's benefits.
| ||||||
21 | "Internal Revenue Code of 1986" means the United States | ||||||
22 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
23 | relating to federal income taxes in effect
for the year | ||||||
24 | preceding the taxable year.
| ||||||
25 | "Life care facility that qualifies as a cooperative" means | ||||||
26 | a facility as
defined in Section 2 of the Life Care Facilities |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | "Maximum income limitation" means: | ||||||
3 | (1) $35,000 prior
to taxable year 1999; | ||||||
4 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
5 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
6 | (4) $50,000 in taxable years 2006 and 2007; | ||||||
7 | (5) $55,000 in taxable years 2008 through 2016;
| ||||||
8 | (6) for taxable year 2017, (i) $65,000 for qualified | ||||||
9 | property located in a county with 3,000,000 or more | ||||||
10 | inhabitants and (ii) $55,000 for qualified property | ||||||
11 | located in a county with fewer than 3,000,000 inhabitants; | ||||||
12 | and | ||||||
13 | (7) for taxable years 2018 and thereafter, $65,000 for | ||||||
14 | all qualified property. | ||||||
15 | "Residence" means the principal dwelling place and | ||||||
16 | appurtenant structures
used for residential purposes in this | ||||||
17 | State occupied on January 1 of the
taxable year by a household | ||||||
18 | and so much of the surrounding land, constituting
the parcel | ||||||
19 | upon which the dwelling place is situated, as is used for
| ||||||
20 | residential purposes. If the Chief County Assessment Officer | ||||||
21 | has established a
specific legal description for a portion of | ||||||
22 | property constituting the
residence, then that portion of | ||||||
23 | property shall be deemed the residence for the
purposes of | ||||||
24 | this Section.
| ||||||
25 | "Taxable year" means the calendar year during which ad | ||||||
26 | valorem property taxes
payable in the next succeeding year are |
| |||||||
| |||||||
1 | levied.
| ||||||
2 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
3 | assessment freeze
homestead exemption is granted for real | ||||||
4 | property that is improved with a
permanent structure that is | ||||||
5 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
6 | age or older during the taxable year, (ii) has a household | ||||||
7 | income that does not exceed the maximum income limitation, | ||||||
8 | (iii) is liable for paying real property taxes on
the
| ||||||
9 | property, and (iv) is an owner of record of the property or has | ||||||
10 | a legal or
equitable interest in the property as evidenced by a | ||||||
11 | written instrument. This
homestead exemption shall also apply | ||||||
12 | to a leasehold interest in a parcel of
property improved with a | ||||||
13 | permanent structure that is a single family residence
that is | ||||||
14 | occupied as a residence by a person who (i) is 65 years of age | ||||||
15 | or older
during the taxable year, (ii) has a household income | ||||||
16 | that does not exceed the maximum income limitation,
(iii)
has | ||||||
17 | a legal or equitable ownership interest in the property as | ||||||
18 | lessee, and (iv)
is liable for the payment of real property | ||||||
19 | taxes on that property.
| ||||||
20 | In counties of 3,000,000 or more inhabitants, the amount | ||||||
21 | of the exemption for all taxable years is the equalized | ||||||
22 | assessed value of the
residence in the taxable year for which | ||||||
23 | application is made minus the base
amount. In all other | ||||||
24 | counties, the amount of the exemption is as follows: (i) | ||||||
25 | through taxable year 2005 and for taxable year 2007 and | ||||||
26 | thereafter, the amount of this exemption shall be the |
| |||||||
| |||||||
1 | equalized assessed value of the
residence in the taxable year | ||||||
2 | for which application is made minus the base
amount; and (ii) | ||||||
3 | for
taxable year 2006, the amount of the exemption is as | ||||||
4 | follows:
| ||||||
5 | (1) For an applicant who has a household income of | ||||||
6 | $45,000 or less, the amount of the exemption is the | ||||||
7 | equalized assessed value of the
residence in the taxable | ||||||
8 | year for which application is made minus the base
amount. | ||||||
9 | (2) For an applicant who has a household income | ||||||
10 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
11 | the exemption is (i) the equalized assessed value of the
| ||||||
12 | residence in the taxable year for which application is | ||||||
13 | made minus the base
amount (ii) multiplied by 0.8. | ||||||
14 | (3) For an applicant who has a household income | ||||||
15 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
16 | the exemption is (i) the equalized assessed value of the
| ||||||
17 | residence in the taxable year for which application is | ||||||
18 | made minus the base
amount (ii) multiplied by 0.6. | ||||||
19 | (4) For an applicant who has a household income | ||||||
20 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
21 | the exemption is (i) the equalized assessed value of the
| ||||||
22 | residence in the taxable year for which application is | ||||||
23 | made minus the base
amount (ii) multiplied by 0.4. | ||||||
24 | (5) For an applicant who has a household income | ||||||
25 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
26 | the exemption is (i) the equalized assessed value of the
|
| |||||||
| |||||||
1 | residence in the taxable year for which application is | ||||||
2 | made minus the base
amount (ii) multiplied by 0.2.
| ||||||
3 | When the applicant is a surviving spouse of an applicant | ||||||
4 | for a prior year for
the same residence for which an exemption | ||||||
5 | under this Section has been granted,
the base year and base | ||||||
6 | amount for that residence are the same as for the
applicant for | ||||||
7 | the prior year.
| ||||||
8 | Each year at the time the assessment books are certified | ||||||
9 | to the County Clerk,
the Board of Review or Board of Appeals | ||||||
10 | shall give to the County Clerk a list
of the assessed values of | ||||||
11 | improvements on each parcel qualifying for this
exemption that | ||||||
12 | were added after the base year for this parcel and that
| ||||||
13 | increased the assessed value of the property.
| ||||||
14 | In the case of land improved with an apartment building | ||||||
15 | owned and operated as
a cooperative or a building that is a | ||||||
16 | life care facility that qualifies as a
cooperative, the | ||||||
17 | maximum reduction from the equalized assessed value of the
| ||||||
18 | property is limited to the sum of the reductions calculated | ||||||
19 | for each unit
occupied as a residence by a person or persons | ||||||
20 | (i) 65 years of age or older, (ii) with a
household income that | ||||||
21 | does not exceed the maximum income limitation, (iii) who is | ||||||
22 | liable, by contract with the
owner
or owners of record, for | ||||||
23 | paying real property taxes on the property, and (iv) who is
an | ||||||
24 | owner of record of a legal or equitable interest in the | ||||||
25 | cooperative
apartment building, other than a leasehold | ||||||
26 | interest. In the instance of a
cooperative where a homestead |
| |||||||
| |||||||
1 | exemption has been granted under this Section,
the cooperative | ||||||
2 | association or its management firm shall credit the savings
| ||||||
3 | resulting from that exemption only to the apportioned tax | ||||||
4 | liability of the
owner who qualified for the exemption. Any | ||||||
5 | person who willfully refuses to
credit that savings to an | ||||||
6 | owner who qualifies for the exemption is guilty of a
Class B | ||||||
7 | misdemeanor.
| ||||||
8 | When a homestead exemption has been granted under this | ||||||
9 | Section and an
applicant then becomes a resident of a facility | ||||||
10 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
11 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
12 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
13 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
14 | years so long as the
residence (i) continues to be occupied by | ||||||
15 | the qualified applicant's spouse or
(ii) if remaining | ||||||
16 | unoccupied, is still owned by the qualified applicant for the
| ||||||
17 | homestead exemption.
| ||||||
18 | Beginning January 1, 1997, when an individual dies who | ||||||
19 | would have qualified
for an exemption under this Section, and | ||||||
20 | the surviving spouse does not
independently qualify for this | ||||||
21 | exemption because of age, the exemption under
this Section | ||||||
22 | shall be granted to the surviving spouse for the taxable year
| ||||||
23 | preceding and the taxable
year of the death, provided that, | ||||||
24 | except for age, the surviving spouse meets
all
other | ||||||
25 | qualifications for the granting of this exemption for those | ||||||
26 | years.
|
| |||||||
| |||||||
1 | When married persons maintain separate residences, the | ||||||
2 | exemption provided for
in this Section may be claimed by only | ||||||
3 | one of such persons and for only one
residence.
| ||||||
4 | For taxable year 1994 only, in counties having less than | ||||||
5 | 3,000,000
inhabitants, to receive the exemption, a person | ||||||
6 | shall submit an application by
February 15, 1995 to the Chief | ||||||
7 | County Assessment Officer
of the county in which the property | ||||||
8 | is located. In counties having 3,000,000
or more inhabitants, | ||||||
9 | for taxable year 1994 and all subsequent taxable years, to
| ||||||
10 | receive the exemption, a person
may submit an application to | ||||||
11 | the Chief County
Assessment Officer of the county in which the | ||||||
12 | property is located during such
period as may be specified by | ||||||
13 | the Chief County Assessment Officer. The Chief
County | ||||||
14 | Assessment Officer in counties of 3,000,000 or more | ||||||
15 | inhabitants shall
annually give notice of the application | ||||||
16 | period by mail or by publication. In
counties having less than | ||||||
17 | 3,000,000 inhabitants, beginning with taxable year
1995 and | ||||||
18 | thereafter, to receive the exemption, a person
shall
submit an
| ||||||
19 | application by July 1 of each taxable year to the Chief County | ||||||
20 | Assessment
Officer of the county in which the property is | ||||||
21 | located. A county may, by
ordinance, establish a date for | ||||||
22 | submission of applications that is
different than
July 1.
The | ||||||
23 | applicant shall submit with the
application an affidavit of | ||||||
24 | the applicant's total household income, age,
marital status | ||||||
25 | (and if married the name and address of the applicant's | ||||||
26 | spouse,
if known), and principal dwelling place of members of |
| |||||||
| |||||||
1 | the household on January
1 of the taxable year. The Department | ||||||
2 | shall establish, by rule, a method for
verifying the accuracy | ||||||
3 | of affidavits filed by applicants under this Section, and the | ||||||
4 | Chief County Assessment Officer may conduct audits of any | ||||||
5 | taxpayer claiming an exemption under this Section to verify | ||||||
6 | that the taxpayer is eligible to receive the exemption. Each | ||||||
7 | application shall contain or be verified by a written | ||||||
8 | declaration that it is made under the penalties of perjury. A | ||||||
9 | taxpayer's signing a fraudulent application under this Act is | ||||||
10 | perjury, as defined in Section 32-2 of the Criminal Code of | ||||||
11 | 2012.
The applications shall be clearly marked as applications | ||||||
12 | for the Senior
Citizens Assessment Freeze Homestead Exemption | ||||||
13 | and must contain a notice that any taxpayer who receives the | ||||||
14 | exemption is subject to an audit by the Chief County | ||||||
15 | Assessment Officer.
| ||||||
16 | Notwithstanding any other provision to the contrary, in | ||||||
17 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
18 | applicant fails
to file the application required by this | ||||||
19 | Section in a timely manner and this
failure to file is due to a | ||||||
20 | mental or physical condition sufficiently severe so
as to | ||||||
21 | render the applicant incapable of filing the application in a | ||||||
22 | timely
manner, the Chief County Assessment Officer may extend | ||||||
23 | the filing deadline for
a period of 30 days after the applicant | ||||||
24 | regains the capability to file the
application, but in no case | ||||||
25 | may the filing deadline be extended beyond 3
months of the | ||||||
26 | original filing deadline. In order to receive the extension
|
| |||||||
| |||||||
1 | provided in this paragraph, the applicant shall provide the | ||||||
2 | Chief County
Assessment Officer with a signed statement from | ||||||
3 | the applicant's physician, advanced practice registered nurse, | ||||||
4 | or physician assistant
stating the nature and extent of the | ||||||
5 | condition, that, in the
physician's, advanced practice | ||||||
6 | registered nurse's, or physician assistant's opinion, the | ||||||
7 | condition was so severe that it rendered the applicant
| ||||||
8 | incapable of filing the application in a timely manner, and | ||||||
9 | the date on which
the applicant regained the capability to | ||||||
10 | file the application.
| ||||||
11 | Beginning January 1, 1998, notwithstanding any other | ||||||
12 | provision to the
contrary, in counties having fewer than | ||||||
13 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
14 | application required by this Section in a timely manner and
| ||||||
15 | this failure to file is due to a mental or physical condition | ||||||
16 | sufficiently
severe so as to render the applicant incapable of | ||||||
17 | filing the application in a
timely manner, the Chief County | ||||||
18 | Assessment Officer may extend the filing
deadline for a period | ||||||
19 | of 3 months. In order to receive the extension provided
in this | ||||||
20 | paragraph, the applicant shall provide the Chief County | ||||||
21 | Assessment
Officer with a signed statement from the | ||||||
22 | applicant's physician, advanced practice registered nurse, or | ||||||
23 | physician assistant stating the
nature and extent of the | ||||||
24 | condition, and that, in the physician's, advanced practice | ||||||
25 | registered nurse's, or physician assistant's opinion, the
| ||||||
26 | condition was so severe that it rendered the applicant |
| |||||||
| |||||||
1 | incapable of filing the
application in a timely manner.
| ||||||
2 | In counties having less than 3,000,000 inhabitants, if an | ||||||
3 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
4 | denial occurred due to an
error on the part of an assessment
| ||||||
5 | official, or his or her agent or employee, then beginning in | ||||||
6 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
7 | determining the amount of the exemption,
shall be 1993 rather | ||||||
8 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
9 | exemption shall also include an amount equal to (i) the amount | ||||||
10 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
11 | as a result of using
1994, rather than 1993, as the base year, | ||||||
12 | (ii) the amount of any exemption
denied to the applicant in | ||||||
13 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
14 | as the base year, and (iii) the amount of the exemption | ||||||
15 | erroneously
denied for taxable year 1994.
| ||||||
16 | For purposes of this Section, a person who will be 65 years | ||||||
17 | of age during the
current taxable year shall be eligible to | ||||||
18 | apply for the homestead exemption
during that taxable year. | ||||||
19 | Application shall be made during the application
period in | ||||||
20 | effect for the county of his or her residence.
| ||||||
21 | The Chief County Assessment Officer may determine the | ||||||
22 | eligibility of a life
care facility that qualifies as a | ||||||
23 | cooperative to receive the benefits
provided by this Section | ||||||
24 | by use of an affidavit, application, visual
inspection, | ||||||
25 | questionnaire, or other reasonable method in order to insure | ||||||
26 | that
the tax savings resulting from the exemption are credited |
| |||||||
| |||||||
1 | by the management
firm to the apportioned tax liability of | ||||||
2 | each qualifying resident. The Chief
County Assessment Officer | ||||||
3 | may request reasonable proof that the management firm
has so | ||||||
4 | credited that exemption.
| ||||||
5 | Except as provided in this Section, all information | ||||||
6 | received by the chief
county assessment officer or the | ||||||
7 | Department from applications filed under this
Section, or from | ||||||
8 | any investigation conducted under the provisions of this
| ||||||
9 | Section, shall be confidential, except for official purposes | ||||||
10 | or
pursuant to official procedures for collection of any State | ||||||
11 | or local tax or
enforcement of any civil or criminal penalty or | ||||||
12 | sanction imposed by this Act or
by any statute or ordinance | ||||||
13 | imposing a State or local tax. Any person who
divulges any such | ||||||
14 | information in any manner, except in accordance with a proper
| ||||||
15 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
16 | Nothing contained in this Section shall prevent the | ||||||
17 | Director or chief county
assessment officer from publishing or | ||||||
18 | making available reasonable statistics
concerning the | ||||||
19 | operation of the exemption contained in this Section in which
| ||||||
20 | the contents of claims are grouped into aggregates in such a | ||||||
21 | way that
information contained in any individual claim shall | ||||||
22 | not be disclosed. | ||||||
23 | Notwithstanding any other provision of law, for taxable | ||||||
24 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
25 | inhabitants, the amount of the exemption shall be the greater | ||||||
26 | of (i) the amount of the exemption otherwise calculated under |
| |||||||
| |||||||
1 | this Section or (ii) $2,000.
| ||||||
2 | (c-5) Notwithstanding any other provision of law, each | ||||||
3 | chief county assessment officer may approve this exemption for | ||||||
4 | the 2020 taxable year, without application, for any property | ||||||
5 | that was approved for this exemption for the 2019 taxable | ||||||
6 | year, provided that: | ||||||
7 | (1) the county board has declared a local disaster as | ||||||
8 | provided in the Illinois Emergency Management Agency Act | ||||||
9 | related to the COVID-19 public health emergency; | ||||||
10 | (2) the owner of record of the property as of January | ||||||
11 | 1, 2020 is the same as the owner of record of the property | ||||||
12 | as of January 1, 2019; | ||||||
13 | (3) the exemption for the 2019 taxable year has not | ||||||
14 | been determined to be an erroneous exemption as defined by | ||||||
15 | this Code; and | ||||||
16 | (4) the applicant for the 2019 taxable year has not | ||||||
17 | asked for the exemption to be removed for the 2019 or 2020 | ||||||
18 | taxable years. | ||||||
19 | Nothing in this subsection shall preclude or impair the | ||||||
20 | authority of a chief county assessment officer to conduct | ||||||
21 | audits of any taxpayer claiming an exemption under this | ||||||
22 | Section to verify that the taxpayer is eligible to receive the | ||||||
23 | exemption as provided elsewhere in this Section. | ||||||
24 | (d) Each Chief County Assessment Officer shall annually | ||||||
25 | publish a notice
of availability of the exemption provided | ||||||
26 | under this Section. The notice
shall be published at least 60 |
| |||||||
| |||||||
1 | days but no more than 75 days prior to the date
on which the | ||||||
2 | application must be submitted to the Chief County Assessment
| ||||||
3 | Officer of the county in which the property is located. The | ||||||
4 | notice shall
appear in a newspaper of general circulation in | ||||||
5 | the county.
| ||||||
6 | Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
7 | Act, no reimbursement by the State is required for the | ||||||
8 | implementation of any mandate created by this Section.
| ||||||
9 | (Source: P.A. 100-401, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
10 | 100-863, eff. 8-14-18; 101-635, eff. 6-5-20.)
| ||||||
11 | (35 ILCS 200/15-175)
| ||||||
12 | Sec. 15-175. General homestead exemption. | ||||||
13 | (a) Except as provided in Sections 15-176 and 15-177, | ||||||
14 | homestead
property is
entitled to an annual homestead | ||||||
15 | exemption limited, except as described here
with relation to | ||||||
16 | cooperatives or life care facilities, to a reduction in the | ||||||
17 | equalized assessed value
of homestead property equal to the | ||||||
18 | increase in equalized assessed value for the
current | ||||||
19 | assessment year above the equalized assessed value of the | ||||||
20 | property for
1977, up to the maximum reduction set forth | ||||||
21 | below. If however, the 1977
equalized assessed value upon | ||||||
22 | which taxes were paid is subsequently determined
by local | ||||||
23 | assessing officials, the Property Tax Appeal Board, or a court | ||||||
24 | to have
been excessive, the equalized assessed value which | ||||||
25 | should have been placed on
the property for 1977 shall be used |
| |||||||
| |||||||
1 | to determine the amount of the exemption.
| ||||||
2 | (b) Except as provided in Section 15-176, the maximum | ||||||
3 | reduction before taxable year 2004 shall be
$4,500 in counties | ||||||
4 | with 3,000,000 or more
inhabitants
and $3,500 in all other | ||||||
5 | counties. Except as provided in Sections 15-176 and 15-177, | ||||||
6 | for taxable years 2004 through 2007, the maximum reduction | ||||||
7 | shall be $5,000, for taxable year 2008, the maximum reduction | ||||||
8 | is $5,500, and, for taxable years 2009 through 2011, the | ||||||
9 | maximum reduction is $6,000 in all counties. For taxable years | ||||||
10 | 2012 through 2016, the maximum reduction is $7,000 in counties | ||||||
11 | with 3,000,000 or more
inhabitants
and $6,000 in all other | ||||||
12 | counties. For taxable years 2017 and thereafter, the maximum | ||||||
13 | reduction is $10,000 in counties with 3,000,000 or more | ||||||
14 | inhabitants and $6,000 in all other counties. If a county has | ||||||
15 | elected to subject itself to the provisions of Section 15-176 | ||||||
16 | as provided in subsection (k) of that Section, then, for the | ||||||
17 | first taxable year only after the provisions of Section 15-176 | ||||||
18 | no longer apply, for owners who, for the taxable year, have not | ||||||
19 | been granted a senior citizens assessment freeze homestead | ||||||
20 | exemption under Section 15-172 or a long-time occupant | ||||||
21 | homestead exemption under Section 15-177, there shall be an | ||||||
22 | additional exemption of $5,000 for owners with a household | ||||||
23 | income of $30,000 or less.
| ||||||
24 | (c) In counties with fewer than 3,000,000 inhabitants, if, | ||||||
25 | based on the most
recent assessment, the equalized assessed | ||||||
26 | value of
the homestead property for the current assessment |
| |||||||
| |||||||
1 | year is greater than the
equalized assessed value of the | ||||||
2 | property for 1977, the owner of the property
shall | ||||||
3 | automatically receive the exemption granted under this Section | ||||||
4 | in an
amount equal to the increase over the 1977 assessment up | ||||||
5 | to the maximum
reduction set forth in this Section.
| ||||||
6 | (d) If in any assessment year beginning with the 2000 | ||||||
7 | assessment year,
homestead property has a pro-rata valuation | ||||||
8 | under
Section 9-180 resulting in an increase in the assessed | ||||||
9 | valuation, a reduction
in equalized assessed valuation equal | ||||||
10 | to the increase in equalized assessed
value of the property | ||||||
11 | for the year of the pro-rata valuation above the
equalized | ||||||
12 | assessed value of the property for 1977 shall be applied to the
| ||||||
13 | property on a proportionate basis for the period the property | ||||||
14 | qualified as
homestead property during the assessment year. | ||||||
15 | The maximum proportionate
homestead exemption shall not exceed | ||||||
16 | the maximum homestead exemption allowed in
the county under | ||||||
17 | this Section divided by 365 and multiplied by the number of
| ||||||
18 | days the property qualified as homestead property.
| ||||||
19 | (d-1) In counties with 3,000,000 or more inhabitants, | ||||||
20 | where the chief county assessment officer provides a notice of | ||||||
21 | discovery, if a property is not
occupied by its owner as a | ||||||
22 | principal residence as of January 1 of the current tax year, | ||||||
23 | then the property owner shall notify the chief county | ||||||
24 | assessment officer of that fact on a form prescribed by the | ||||||
25 | chief county assessment officer. That notice must be received | ||||||
26 | by the chief county assessment officer on or before March 1 of |
| |||||||
| |||||||
1 | the collection year. If mailed, the form shall be sent by | ||||||
2 | certified mail, return receipt requested. If the form is | ||||||
3 | provided in person, the chief county assessment officer shall | ||||||
4 | provide a date stamped copy of the notice. Failure to provide | ||||||
5 | timely notice pursuant to this subsection (d-1) shall result | ||||||
6 | in the exemption being treated as an erroneous exemption. Upon | ||||||
7 | timely receipt of the notice for the current tax year, no | ||||||
8 | exemption shall be applied to the property for the current tax | ||||||
9 | year. If the exemption is not removed upon timely receipt of | ||||||
10 | the notice by the chief assessment officer, then the error is | ||||||
11 | considered granted as a result of a clerical error or omission | ||||||
12 | on the part of the chief county assessment officer as | ||||||
13 | described in subsection (h) of Section 9-275, and the property | ||||||
14 | owner shall not be liable for the payment of interest and | ||||||
15 | penalties due to the erroneous exemption for the current tax | ||||||
16 | year for which the notice was filed after the date that notice | ||||||
17 | was timely received pursuant to this subsection. Notice | ||||||
18 | provided under this subsection shall not constitute a defense | ||||||
19 | or amnesty for prior year erroneous exemptions. | ||||||
20 | For the purposes of this subsection (d-1): | ||||||
21 | "Collection year" means the year in which the first and | ||||||
22 | second installment of the current tax year is billed. | ||||||
23 | "Current tax year" means the year prior to the collection | ||||||
24 | year. | ||||||
25 | (e) The chief county assessment officer may, when | ||||||
26 | considering whether to grant a leasehold exemption under this |
| |||||||
| |||||||
1 | Section, require the following conditions to be met: | ||||||
2 | (1) that a notarized application for the exemption, | ||||||
3 | signed by both the owner and the lessee of the property, | ||||||
4 | must be submitted each year during the application period | ||||||
5 | in effect for the county in which the property is located; | ||||||
6 | (2) that a copy of the lease must be filed with the | ||||||
7 | chief county assessment officer by the owner of the | ||||||
8 | property at the time the notarized application is | ||||||
9 | submitted; | ||||||
10 | (3) that the lease must expressly state that the | ||||||
11 | lessee is liable for the payment of property taxes; and | ||||||
12 | (4) that the lease must include the following language | ||||||
13 | in substantially the following form: | ||||||
14 | "Lessee shall be liable for the payment of real | ||||||
15 | estate taxes with respect to the residence in | ||||||
16 | accordance with the terms and conditions of Section | ||||||
17 | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | ||||||
18 | The permanent real estate index number for the | ||||||
19 | premises is (insert number), and, according to the | ||||||
20 | most recent property tax bill, the current amount of | ||||||
21 | real estate taxes associated with the premises is | ||||||
22 | (insert amount) per year. The parties agree that the | ||||||
23 | monthly rent set forth above shall be increased or | ||||||
24 | decreased pro rata (effective January 1 of each | ||||||
25 | calendar year) to reflect any increase or decrease in | ||||||
26 | real estate taxes. Lessee shall be deemed to be |
| |||||||
| |||||||
1 | satisfying Lessee's liability for the above mentioned | ||||||
2 | real estate taxes with the monthly rent payments as | ||||||
3 | set forth above (or increased or decreased as set | ||||||
4 | forth herein).". | ||||||
5 | In addition, if there is a change in lessee, or if the | ||||||
6 | lessee vacates the property, then the chief county assessment | ||||||
7 | officer may require the owner of the property to notify the | ||||||
8 | chief county assessment officer of that change. | ||||||
9 | This subsection (e) does not apply to leasehold interests | ||||||
10 | in property owned by a municipality. | ||||||
11 | (f) "Homestead property" under this Section includes | ||||||
12 | residential property that is
occupied by its owner or owners | ||||||
13 | as his or their principal dwelling place, or
that is a | ||||||
14 | leasehold interest on which a single family residence is | ||||||
15 | situated,
which is occupied as a residence by a person who has | ||||||
16 | an ownership interest
therein, legal or equitable or as a | ||||||
17 | lessee, and on which the person is
liable for the payment of | ||||||
18 | property taxes. For land improved with
an apartment building | ||||||
19 | owned and operated as a cooperative, the maximum reduction | ||||||
20 | from the equalized
assessed value shall be limited to the | ||||||
21 | increase in the value above the
equalized assessed value of | ||||||
22 | the property for 1977, up to
the maximum reduction set forth | ||||||
23 | above, multiplied by the number of apartments
or units | ||||||
24 | occupied by a person or persons who is liable, by contract with | ||||||
25 | the
owner or owners of record, for paying property taxes on the | ||||||
26 | property and is an
owner of record of a legal or equitable |
| |||||||
| |||||||
1 | interest in the cooperative
apartment building, other than a | ||||||
2 | leasehold interest. For land improved with a life care | ||||||
3 | facility, the maximum reduction from the value of the | ||||||
4 | property, as equalized by the Department, shall be multiplied | ||||||
5 | by the number of apartments or units occupied by a person or | ||||||
6 | persons, irrespective of any legal, equitable, or leasehold | ||||||
7 | interest in the facility, who are liable, under a life care | ||||||
8 | contract with the owner or owners of record of the facility, | ||||||
9 | for paying property taxes on the property. For purposes of | ||||||
10 | this
Section, the term "life care facility" has the meaning | ||||||
11 | stated in Section
15-170.
| ||||||
12 | "Household", as used in this Section,
means the owner, the | ||||||
13 | spouse of the owner, and all persons using
the
residence of the | ||||||
14 | owner as their principal place of residence.
| ||||||
15 | "Household income", as used in this Section,
means the | ||||||
16 | combined income of the members of a household
for the calendar | ||||||
17 | year preceding the taxable year.
| ||||||
18 | "Income", as used in this Section,
has the same meaning as | ||||||
19 | provided in Section 3.07 of the Senior
Citizens
and Persons | ||||||
20 | with Disabilities Property Tax Relief and Pharmaceutical | ||||||
21 | Assistance Act,
except that
"income" does not include | ||||||
22 | veteran's benefits.
| ||||||
23 | (g) In a cooperative or life care facility where a | ||||||
24 | homestead exemption has been granted, the
cooperative | ||||||
25 | association or the management of the cooperative or life care | ||||||
26 | facility shall credit the savings
resulting from that |
| |||||||
| |||||||
1 | exemption only to the apportioned tax liability of the
owner | ||||||
2 | or resident who qualified for the exemption. Any person who | ||||||
3 | willfully refuses to so
credit the savings shall be guilty of a | ||||||
4 | Class B misdemeanor.
| ||||||
5 | (h) Where married persons maintain and reside in separate | ||||||
6 | residences qualifying
as homestead property, each residence | ||||||
7 | shall receive 50% of the total reduction
in equalized assessed | ||||||
8 | valuation provided by this Section.
| ||||||
9 | (i) In all counties, the assessor
or chief county | ||||||
10 | assessment officer may determine the
eligibility of | ||||||
11 | residential property to receive the homestead exemption and | ||||||
12 | the amount of the exemption by
application, visual inspection, | ||||||
13 | questionnaire or other reasonable methods. The
determination | ||||||
14 | shall be made in accordance with guidelines established by the
| ||||||
15 | Department, provided that the taxpayer applying for an | ||||||
16 | additional general exemption under this Section shall submit | ||||||
17 | to the chief county assessment officer an application with an | ||||||
18 | affidavit of the applicant's total household income, age, | ||||||
19 | marital status (and, if married, the name and address of the | ||||||
20 | applicant's spouse, if known), and principal dwelling place of | ||||||
21 | members of the household on January 1 of the taxable year. The | ||||||
22 | Department shall issue guidelines establishing a method for | ||||||
23 | verifying the accuracy of the affidavits filed by applicants | ||||||
24 | under this paragraph. The applications shall be clearly marked | ||||||
25 | as applications for the Additional General Homestead | ||||||
26 | Exemption.
|
| |||||||
| |||||||
1 | (i-5) This subsection (i-5) applies to counties with | ||||||
2 | 3,000,000 or more inhabitants. In the event of a sale of
| ||||||
3 | homestead property, the homestead exemption shall remain in | ||||||
4 | effect for the remainder of the assessment year of the sale. | ||||||
5 | Upon receipt of a transfer declaration transmitted by the | ||||||
6 | recorder pursuant to Section 31-30 of the Real Estate Transfer | ||||||
7 | Tax Law for property receiving an exemption under this | ||||||
8 | Section, the assessor shall mail a notice and forms to the new | ||||||
9 | owner of the property providing information pertaining to the | ||||||
10 | rules and applicable filing periods for applying or reapplying | ||||||
11 | for homestead exemptions under this Code for which the | ||||||
12 | property may be eligible. If the new owner fails to apply or | ||||||
13 | reapply for a homestead exemption during the applicable filing | ||||||
14 | period or the property no longer qualifies for an existing | ||||||
15 | homestead exemption, the assessor shall cancel such exemption | ||||||
16 | for any ensuing assessment year. | ||||||
17 | (j) In counties with fewer than 3,000,000 inhabitants, in | ||||||
18 | the event of a sale
of
homestead property the homestead | ||||||
19 | exemption shall remain in effect for the
remainder of the | ||||||
20 | assessment year of the sale. The assessor or chief county
| ||||||
21 | assessment officer may require the new
owner of the property | ||||||
22 | to apply for the homestead exemption for the following
| ||||||
23 | assessment year.
| ||||||
24 | (k) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
25 | Act, no reimbursement by the State is required for the | ||||||
26 | implementation of any mandate created by this Section.
|
| |||||||
| |||||||
1 | (l) The changes made to this Section by this amendatory | ||||||
2 | Act of the 100th General Assembly are effective for the 2018 | ||||||
3 | tax year and thereafter. | ||||||
4 | (Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; | ||||||
5 | 99-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff. | ||||||
6 | 8-25-17; 100-1077, eff. 1-1-19 .)
| ||||||
7 | (35 ILCS 200/20-15)
| ||||||
8 | Sec. 20-15. Information on bill or separate statement. | ||||||
9 | There shall be
printed on each bill, or on a separate slip | ||||||
10 | which shall be mailed with the
bill:
| ||||||
11 | (a) a statement itemizing the rate at which taxes have | ||||||
12 | been extended for
each of the taxing districts in the | ||||||
13 | county in whose district the property is
located, and in | ||||||
14 | those counties utilizing
electronic data processing | ||||||
15 | equipment the dollar amount of tax due from the
person | ||||||
16 | assessed allocable to each of those taxing districts, | ||||||
17 | including a
separate statement of the dollar amount of tax | ||||||
18 | due which is allocable to a tax
levied under the Illinois | ||||||
19 | Local Library Act or to any other tax levied by a
| ||||||
20 | municipality or township for public library purposes,
| ||||||
21 | (b) a separate statement for each of the taxing | ||||||
22 | districts of the dollar
amount of tax due which is | ||||||
23 | allocable to a tax levied under the Illinois Pension
Code | ||||||
24 | or to any other tax levied by a municipality or township | ||||||
25 | for public
pension or retirement purposes,
|
| |||||||
| |||||||
1 | (b-5) a list of each tax increment financing (TIF) | ||||||
2 | district in which the property is located and the dollar | ||||||
3 | amount of tax due that is allocable to the TIF district, | ||||||
4 | (c) the total tax rate,
| ||||||
5 | (d) the total amount of tax due, and
| ||||||
6 | (e) the amount by which the total tax and the tax | ||||||
7 | allocable to each taxing
district differs from the | ||||||
8 | taxpayer's last prior tax bill.
| ||||||
9 | The county treasurer shall ensure that only those taxing | ||||||
10 | districts in
which a parcel of property is located shall be | ||||||
11 | listed on the bill for that
property.
| ||||||
12 | In all counties the statement shall also provide:
| ||||||
13 | (1) the property index number or other suitable | ||||||
14 | description,
| ||||||
15 | (2) the assessment of the property,
| ||||||
16 | (3) the statutory amount of each homestead exemption | ||||||
17 | applied to the property, | ||||||
18 | (4) the assessed value of the property after | ||||||
19 | application of all homestead exemptions, | ||||||
20 | (5) the equalization factors imposed by the county and | ||||||
21 | by the Department,
and
| ||||||
22 | (6) the equalized assessment resulting from the | ||||||
23 | application of the
equalization factors to the basic | ||||||
24 | assessment.
| ||||||
25 | In all counties which do not classify property for | ||||||
26 | purposes of taxation, for
property on which a single family |
| |||||||
| |||||||
1 | residence is situated the statement shall
also include a | ||||||
2 | statement to reflect the fair cash value determined for the
| ||||||
3 | property. In all counties which classify property for purposes | ||||||
4 | of taxation in
accordance with Section 4 of Article IX of the | ||||||
5 | Illinois Constitution, for
parcels of residential property in | ||||||
6 | the lowest assessment classification the
statement shall also | ||||||
7 | include a statement to reflect the fair cash value
determined | ||||||
8 | for the property.
| ||||||
9 | In all counties, the statement must include information | ||||||
10 | that certain
taxpayers may be eligible for tax exemptions, | ||||||
11 | abatements, and other assistance programs and that, for more | ||||||
12 | information, taxpayers should consult with the office of their | ||||||
13 | township or county assessor and with the Illinois Department | ||||||
14 | of Revenue.
| ||||||
15 | In all counties, the statement shall include information
| ||||||
16 | that certain taxpayers may be eligible for the Senior Citizens | ||||||
17 | and Persons with Disabilities Property Tax Relief and
| ||||||
18 | Pharmaceutical Assistance Act and that applications are
| ||||||
19 | available from the Illinois Department on Aging. | ||||||
20 | In counties which use the estimated or accelerated billing | ||||||
21 | methods, these
statements shall only be provided with the | ||||||
22 | final installment of taxes due. The
provisions of this Section | ||||||
23 | create a mandatory statutory duty. They are not
merely | ||||||
24 | directory or discretionary. The failure or neglect of the | ||||||
25 | collector to
mail the bill, or the failure of the taxpayer to | ||||||
26 | receive the bill, shall not
affect the validity of any tax, or |
| |||||||
| |||||||
1 | the liability for the payment of any tax.
| ||||||
2 | (Source: P.A. 100-621, eff. 7-20-18; 101-134, eff. 7-26-19.)
| ||||||
3 | (35 ILCS 200/21-27)
| ||||||
4 | Sec. 21-27. Waiver of interest penalty. | ||||||
5 | (a) On the recommendation
of the county treasurer, the | ||||||
6 | county board may adopt a resolution under which an
interest | ||||||
7 | penalty for the delinquent payment of taxes for any year that
| ||||||
8 | otherwise would be imposed under Section 21-15, 21-20, or | ||||||
9 | 21-25 shall be waived
in the case of any person who meets all | ||||||
10 | of the following criteria:
| ||||||
11 | (1) The person is determined eligible for a grant | ||||||
12 | under the Senior
Citizens and Persons with Disabilities | ||||||
13 | Property Tax Relief
and Pharmaceutical Assistance Act with | ||||||
14 | respect to the taxes for that year.
| ||||||
15 | (2) The person requests, in writing, on a form | ||||||
16 | approved by the county
treasurer, a waiver of the interest | ||||||
17 | penalty, and the request is filed with the
county | ||||||
18 | treasurer on or before the first day of the month that an | ||||||
19 | installment of
taxes is due.
| ||||||
20 | (3) The person pays the installment of taxes due, in | ||||||
21 | full, on or before
the third day of the month that the | ||||||
22 | installment is due.
| ||||||
23 | (4) The county treasurer approves the request for a | ||||||
24 | waiver.
| ||||||
25 | (b) With respect to property that qualifies as a |
| |||||||
| |||||||
1 | brownfield site under Section 58.2 of the Environmental | ||||||
2 | Protection Act, the county board, upon the recommendation
of | ||||||
3 | the county treasurer, may adopt a resolution to waive an
| ||||||
4 | interest penalty for the delinquent payment of taxes for any | ||||||
5 | year that
otherwise would be imposed under Section 21-15, | ||||||
6 | 21-20, or 21-25 if all of the following criteria are met: | ||||||
7 | (1) the property has delinquent taxes and an | ||||||
8 | outstanding interest penalty and the amount of that | ||||||
9 | interest penalty is so large as to, possibly, result in | ||||||
10 | all of the taxes becoming uncollectible; | ||||||
11 | (2) the property is part of a redevelopment plan of a | ||||||
12 | unit of local government and that unit of local government | ||||||
13 | does not oppose the waiver of the interest penalty; | ||||||
14 | (3) the redevelopment of the property will benefit the | ||||||
15 | public interest by remediating the brownfield | ||||||
16 | contamination; | ||||||
17 | (4) the taxpayer delivers to the county treasurer (i) | ||||||
18 | a written request for a waiver of the interest penalty, on | ||||||
19 | a form approved by the county
treasurer, and (ii) a copy of | ||||||
20 | the redevelopment plan for the property; | ||||||
21 | (5) the taxpayer pays, in full, the amount of up to the | ||||||
22 | amount of the first 2 installments of taxes due, to be held | ||||||
23 | in escrow pending the approval of the waiver, and enters | ||||||
24 | into an agreement with the county treasurer setting forth | ||||||
25 | a schedule for the payment of any remaining taxes due; and | ||||||
26 | (6) the county treasurer approves the request for a |
| |||||||
| |||||||
1 | waiver. | ||||||
2 | (c) For the 2019 taxable year (payable in 2020) only, the | ||||||
3 | county board of a county with fewer than 3,000,000 inhabitants | ||||||
4 | may adopt an ordinance or resolution under which some or all of | ||||||
5 | the interest penalty for the delinquent payment of any | ||||||
6 | installment other than the final installment of taxes for the | ||||||
7 | 2019 taxable year that otherwise would be imposed under | ||||||
8 | Section 21-15, 21-20, or 21-25 shall be waived for all | ||||||
9 | taxpayers in the county, for a period of (i) 120 days after the | ||||||
10 | effective date of this amendatory Act of the 101st General | ||||||
11 | Assembly or (ii) until the first day of the first month during | ||||||
12 | which there is no longer a statewide COVID-19 public health | ||||||
13 | emergency, as evidenced by an effective disaster declaration | ||||||
14 | of the Governor covering all counties in the State. | ||||||
15 | (Source: P.A. 101-635, eff. 6-5-20.)
| ||||||
16 | Section 30. The Mobile Home Local Services Tax Act is | ||||||
17 | amended by changing Section 7 as follows:
| ||||||
18 | (35 ILCS 515/7) (from Ch. 120, par. 1207)
| ||||||
19 | Sec. 7.
The local services tax for owners of mobile homes | ||||||
20 | who (a) are
actually residing in such mobile homes, (b) hold | ||||||
21 | title to such mobile
home as provided in the Illinois Vehicle | ||||||
22 | Code, and (c) are 65 years of age or older or are persons with | ||||||
23 | disabilities within the meaning of Section 3.14 of the Senior | ||||||
24 | Citizens and
Persons with Disabilities Property Tax Relief and |
| |||||||
| |||||||
1 | Pharmaceutical Assistance Act
on the annual billing date
shall | ||||||
2 | be reduced to 80 percent of the tax provided for in Section 3 | ||||||
3 | of
this Act. Proof that a claimant has been issued an Illinois
| ||||||
4 | Person with a Disability Identification Card stating that the | ||||||
5 | claimant is under a Class 2
disability, as provided in Section | ||||||
6 | 4A of the Illinois Identification Card
Act, shall constitute | ||||||
7 | proof that the person thereon named is a person with a | ||||||
8 | disability within the meaning of this Act. An application for | ||||||
9 | reduction of
the tax shall be filed with
the county clerk by | ||||||
10 | the individuals who are entitled to the reduction.
If the | ||||||
11 | application is filed after May 1, the reduction in tax shall
| ||||||
12 | begin with the next annual bill. Application for the reduction | ||||||
13 | in tax
shall be done by submitting proof that the applicant has | ||||||
14 | been issued an
Illinois Person with a Disability | ||||||
15 | Identification Card designating the applicant's
disability as | ||||||
16 | a Class 2 disability, or by affidavit in substantially the
| ||||||
17 | following form:
| ||||||
18 | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
| ||||||
19 | I hereby make application for a reduction to 80% of the | ||||||
20 | total tax
imposed under "An Act to provide for a local services
| ||||||
21 | tax on mobile homes".
| ||||||
22 | (1) Senior Citizens
| ||||||
23 | (a) I actually reside in the mobile home ....
| ||||||
24 | (b) I hold title to the mobile home as provided in the | ||||||
25 | Illinois
Vehicle Code ....
| ||||||
26 | (c) I reached the age of 65 on or before either January 1 |
| |||||||
| |||||||
1 | (or July
1) of the year in which this statement is filed. My | ||||||
2 | date of birth is: ...
| ||||||
3 | (2) Persons with Disabilities
| ||||||
4 | (a) I actually reside in the mobile home...
| ||||||
5 | (b) I hold title to the mobile home as provided in the | ||||||
6 | Illinois
Vehicle Code ....
| ||||||
7 | (c) I became a person with a total disability on ... and | ||||||
8 | have remained a person with a disability until
the date of this | ||||||
9 | application. My Social Security, Veterans, Railroad or
Civil | ||||||
10 | Service Total Disability Claim Number is ... The undersigned
| ||||||
11 | declares under the penalty of perjury that the above | ||||||
12 | statements are true
and correct.
| ||||||
13 | Dated (insert date).
| ||||||
14 | ...........................
| ||||||
15 | Signature of owner
| ||||||
16 | ...........................
| ||||||
17 | (Address)
| ||||||
18 | ...........................
| ||||||
19 | (City) (State) (Zip)
| ||||||
20 | Approved by:
| ||||||
21 | .............................
| ||||||
22 | (Assessor)
| ||||||
23 | This application shall be accompanied by a copy of the | ||||||
24 | applicant's
most recent application filed with the Illinois | ||||||
25 | Department on Aging
under the Senior Citizens and Persons with |
| |||||||
| |||||||
1 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
| ||||||
4 | Section 35. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Sections 51 and 52 as follows:
| ||||||
6 | (70 ILCS 3605/51) | ||||||
7 | Sec. 51. Free services; eligibility. | ||||||
8 | (a) Notwithstanding any law to the contrary, no later than | ||||||
9 | 60 days following the effective date of this amendatory Act of | ||||||
10 | the 95th General Assembly and until subsection (b) is | ||||||
11 | implemented, any fixed route public transportation services | ||||||
12 | provided by, or under grant or purchase of service contracts | ||||||
13 | of, the Board shall be provided without charge to all senior | ||||||
14 | citizens of the Metropolitan Region (as such term is defined | ||||||
15 | in 70 ILCS 3615/1.03) aged 65 and older, under such conditions | ||||||
16 | as shall be prescribed by the Board.
| ||||||
17 | (b) Notwithstanding any law to the contrary, no later than | ||||||
18 | 180 days following the effective date of this amendatory Act | ||||||
19 | of the 96th General Assembly, any fixed route public | ||||||
20 | transportation services provided by, or under grant or | ||||||
21 | purchase of service contracts of, the Board shall be provided | ||||||
22 | without charge to senior citizens aged 65 and older who meet | ||||||
23 | the income eligibility limitation set forth in subsection | ||||||
24 | (a-5) of Section 4 of the Senior Citizens and Persons with |
| |||||||
| |||||||
1 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
2 | Act, under such conditions as shall be prescribed by the | ||||||
3 | Board. The Department on Aging shall furnish all information | ||||||
4 | reasonably necessary to determine eligibility, including | ||||||
5 | updated lists of individuals who are eligible for services | ||||||
6 | without charge under this Section. Nothing in this Section | ||||||
7 | shall relieve the Board from providing reduced fares as may be | ||||||
8 | required by federal law. | ||||||
9 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
10 | (70 ILCS 3605/52) | ||||||
11 | Sec. 52. Transit services for individuals with | ||||||
12 | disabilities. Notwithstanding any law to the contrary, no | ||||||
13 | later than 60 days following the effective date of this | ||||||
14 | amendatory Act of the 95th General Assembly, all fixed route | ||||||
15 | public transportation services provided by, or under grant or | ||||||
16 | purchase of service contract of, the Board shall be provided | ||||||
17 | without charge to all persons with disabilities who meet the | ||||||
18 | income eligibility limitation set forth in subsection (a-5) of | ||||||
19 | Section 4 of the Senior Citizens and Persons with Disabilities | ||||||
20 | Property Tax Relief and Pharmaceutical Assistance Act, under | ||||||
21 | such procedures as shall be prescribed by the Board. The | ||||||
22 | Department on Aging shall furnish all information reasonably | ||||||
23 | necessary to determine eligibility, including updated lists of | ||||||
24 | individuals who are eligible for services without charge under | ||||||
25 | this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
2 | Section 40. The Local Mass Transit District Act is amended | ||||||
3 | by changing Sections 8.6 and 8.7 as follows:
| ||||||
4 | (70 ILCS 3610/8.6) | ||||||
5 | Sec. 8.6. Free services; eligibility. | ||||||
6 | (a) Notwithstanding any law to the contrary, no later than | ||||||
7 | 60 days following the effective date of this amendatory Act of | ||||||
8 | the 95th General Assembly and until subsection (b) is | ||||||
9 | implemented, any fixed route public transportation services | ||||||
10 | provided by, or under grant or purchase of service contracts | ||||||
11 | of, every District shall be provided without charge to all | ||||||
12 | senior citizens of the District aged 65 and older, under such | ||||||
13 | conditions as shall be prescribed by the District.
| ||||||
14 | (b) Notwithstanding any law to the contrary, no later than | ||||||
15 | 180 days following the effective date of this amendatory Act | ||||||
16 | of the 96th General Assembly, any fixed route public | ||||||
17 | transportation services provided by, or under grant or | ||||||
18 | purchase of service contracts of, every District shall be | ||||||
19 | provided without charge to senior citizens aged 65 and older | ||||||
20 | who meet the income eligibility limitation set forth in | ||||||
21 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
22 | Persons with Disabilities Property Tax Relief and | ||||||
23 | Pharmaceutical Assistance Act, under such conditions as shall | ||||||
24 | be prescribed by the District. The Department on Aging shall |
| |||||||
| |||||||
1 | furnish all information reasonably necessary to determine | ||||||
2 | eligibility, including updated lists of individuals who are | ||||||
3 | eligible for services without charge under this Section. | ||||||
4 | Nothing in this Section shall relieve the District from | ||||||
5 | providing reduced fares as may be required by federal law. | ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
7 | (70 ILCS 3610/8.7) | ||||||
8 | Sec. 8.7. Transit services for individuals with | ||||||
9 | disabilities. Notwithstanding any law to the contrary, no | ||||||
10 | later than 60 days following the effective date of this | ||||||
11 | amendatory Act of the 95th General Assembly, all fixed route | ||||||
12 | public transportation services provided by, or under grant or | ||||||
13 | purchase of service contract of, any District shall be | ||||||
14 | provided without charge to all persons with disabilities who | ||||||
15 | meet the income eligibility limitation set forth in subsection | ||||||
16 | (a-5) of Section 4 of the Senior Citizens and Persons with | ||||||
17 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
18 | Act, under such procedures as shall be prescribed by the | ||||||
19 | District. The Department on Aging shall furnish all | ||||||
20 | information reasonably necessary to determine eligibility, | ||||||
21 | including updated lists of individuals who are eligible for | ||||||
22 | services without charge under this Section.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
24 | Section 45. The Regional Transportation Authority Act is |
| |||||||
| |||||||
1 | amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as | ||||||
2 | follows:
| ||||||
3 | (70 ILCS 3615/3A.15) | ||||||
4 | Sec. 3A.15. Free services; eligibility. | ||||||
5 | (a) Notwithstanding any law to the contrary, no later than | ||||||
6 | 60 days following the effective date of this amendatory Act of | ||||||
7 | the 95th General Assembly and until subsection (b) is | ||||||
8 | implemented, any fixed route public transportation services | ||||||
9 | provided by, or under grant or purchase of service contracts | ||||||
10 | of, the Suburban Bus Board shall be provided without charge to | ||||||
11 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
12 | older, under such conditions as shall be prescribed by the | ||||||
13 | Suburban Bus Board. | ||||||
14 | (b) Notwithstanding any law to the contrary, no later than | ||||||
15 | 180 days following the effective date of this amendatory Act | ||||||
16 | of the 96th General Assembly, any fixed route public | ||||||
17 | transportation services provided by, or under grant or | ||||||
18 | purchase of service contracts of, the Suburban Bus Board shall | ||||||
19 | be provided without charge to senior citizens aged 65 and | ||||||
20 | older who meet the income eligibility limitation set forth in | ||||||
21 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
22 | Persons with Disabilities Property Tax Relief and | ||||||
23 | Pharmaceutical Assistance Act, under such conditions as shall | ||||||
24 | be prescribed by the Suburban Bus Board. The Department on | ||||||
25 | Aging shall furnish all information reasonably necessary to |
| |||||||
| |||||||
1 | determine eligibility, including updated lists of individuals | ||||||
2 | who are eligible for services without charge under this | ||||||
3 | Section. Nothing in this Section shall relieve the Suburban | ||||||
4 | Bus Board from providing reduced fares as may be required by | ||||||
5 | federal law.
| ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
7 | (70 ILCS 3615/3A.16) | ||||||
8 | Sec. 3A.16. Transit services for individuals with | ||||||
9 | disabilities. Notwithstanding any law to the contrary, no | ||||||
10 | later than 60 days following the effective date of this | ||||||
11 | amendatory Act of the 95th General Assembly, all fixed route | ||||||
12 | public transportation services provided by, or under grant or | ||||||
13 | purchase of service contract of, the Suburban Bus Board shall | ||||||
14 | be provided without charge to all persons with disabilities | ||||||
15 | who meet the income eligibility limitation set forth in | ||||||
16 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
17 | Persons with Disabilities Property Tax Relief and | ||||||
18 | Pharmaceutical Assistance Act, under such procedures as shall | ||||||
19 | be prescribed by the Board. The Department on Aging shall | ||||||
20 | furnish all information reasonably necessary to determine | ||||||
21 | eligibility, including updated lists of individuals who are | ||||||
22 | eligible for services without charge under this Section.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
24 | (70 ILCS 3615/3B.14) |
| |||||||
| |||||||
1 | Sec. 3B.14. Free services; eligibility. | ||||||
2 | (a) Notwithstanding any law to the contrary, no later than | ||||||
3 | 60 days following the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly and until subsection (b) is | ||||||
5 | implemented, any fixed route public transportation services | ||||||
6 | provided by, or under grant or purchase of service contracts | ||||||
7 | of, the Commuter Rail Board shall be provided without charge | ||||||
8 | to all senior citizens of the Metropolitan Region aged 65 and | ||||||
9 | older, under such conditions as shall be prescribed by the | ||||||
10 | Commuter Rail Board. | ||||||
11 | (b) Notwithstanding any law to the contrary, no later than | ||||||
12 | 180 days following the effective date of this amendatory Act | ||||||
13 | of the 96th General Assembly, any fixed route public | ||||||
14 | transportation services provided by, or under grant or | ||||||
15 | purchase of service contracts of, the Commuter Rail Board | ||||||
16 | shall be provided without charge to senior citizens aged 65 | ||||||
17 | and older who meet the income eligibility limitation set forth | ||||||
18 | in subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
19 | Persons with Disabilities Property Tax Relief and | ||||||
20 | Pharmaceutical Assistance Act, under such conditions as shall | ||||||
21 | be prescribed by the Commuter Rail Board. The Department on | ||||||
22 | Aging shall furnish all information reasonably necessary to | ||||||
23 | determine eligibility, including updated lists of individuals | ||||||
24 | who are eligible for services without charge under this | ||||||
25 | Section. Nothing in this Section shall relieve the Commuter | ||||||
26 | Rail Board from providing reduced fares as may be required by |
| |||||||
| |||||||
1 | federal law.
| ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
3 | (70 ILCS 3615/3B.15) | ||||||
4 | Sec. 3B.15. Transit services for individuals with | ||||||
5 | disabilities. Notwithstanding any law to the contrary, no | ||||||
6 | later than 60 days following the effective date of this | ||||||
7 | amendatory Act of the 95th General Assembly, all fixed route | ||||||
8 | public transportation services provided by, or under grant or | ||||||
9 | purchase of service contract of, the Commuter Rail Board shall | ||||||
10 | be provided without charge to all persons with disabilities | ||||||
11 | who meet the income eligibility limitation set forth in | ||||||
12 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
13 | Persons with Disabilities Property Tax Relief and | ||||||
14 | Pharmaceutical Assistance Act, under such procedures as shall | ||||||
15 | be prescribed by the Board. The Department on Aging shall | ||||||
16 | furnish all information reasonably necessary to determine | ||||||
17 | eligibility, including updated lists of individuals who are | ||||||
18 | eligible for services without charge under this Section.
| ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
20 | Section 50. The Senior Citizen Courses Act is amended by | ||||||
21 | changing Section 1 as follows:
| ||||||
22 | (110 ILCS 990/1) (from Ch. 144, par. 1801)
| ||||||
23 | Sec. 1. Definitions. For the purposes of this Act:
|
| |||||||
| |||||||
1 | (a) "Public institutions of higher education" means the | ||||||
2 | University of
Illinois, Southern Illinois University,
Chicago | ||||||
3 | State University, Eastern Illinois University, Governors State
| ||||||
4 | University, Illinois State University, Northeastern Illinois | ||||||
5 | University,
Northern Illinois University, Western Illinois | ||||||
6 | University, and
the public community colleges subject to the | ||||||
7 | "Public Community College Act".
| ||||||
8 | (b) "Credit Course" means any program of study for which | ||||||
9 | public
institutions of higher education award credit hours.
| ||||||
10 | (c) "Senior citizen" means any person 65 years or older | ||||||
11 | whose annual
household income is less than the threshold | ||||||
12 | amount provided in Section 4 of
the " Senior Citizens and | ||||||
13 | Persons with Disabilities Property Tax Relief and | ||||||
14 | Pharmaceutical Assistance Act " , approved July 17, 1972, as | ||||||
15 | amended.
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
17 | Section 55. The Citizens Utility Board Act is amended by | ||||||
18 | changing Section 9 as follows:
| ||||||
19 | (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
| ||||||
20 | Sec. 9. Mailing procedure.
| ||||||
21 | (1) As used in this Section:
| ||||||
22 | (a) "Enclosure" means a card, leaflet, envelope or | ||||||
23 | combination thereof
furnished by the corporation under | ||||||
24 | this Section.
|
| |||||||
| |||||||
1 | (b) "Mailing" means any communication by a State | ||||||
2 | agency, other than
a mailing made under the Senior | ||||||
3 | Citizens and
Persons with Disabilities Property Tax Relief | ||||||
4 | and Pharmaceutical Assistance Act,
that is sent through | ||||||
5 | the United States Postal Service to more than 50,000
| ||||||
6 | persons within a 12-month period.
| ||||||
7 | (c) "State agency" means any officer, department, | ||||||
8 | board, commission,
institution or entity of the executive | ||||||
9 | or legislative
branches of State government.
| ||||||
10 | (2) To accomplish its powers and duties under Section 5 | ||||||
11 | this Act, the
corporation, subject to the following | ||||||
12 | limitations, may prepare and furnish
to any State agency an | ||||||
13 | enclosure to be included with a mailing by that agency.
| ||||||
14 | (a) A State agency furnished with an enclosure shall | ||||||
15 | include the
enclosure within the mailing designated by the | ||||||
16 | corporation.
| ||||||
17 | (b) An enclosure furnished by the corporation under | ||||||
18 | this Section shall
be provided to the State agency a | ||||||
19 | reasonable period of time in advance of
the mailing.
| ||||||
20 | (c) An enclosure furnished by the corporation under | ||||||
21 | this Section shall be
limited to informing the reader of | ||||||
22 | the purpose, nature and activities of the
corporation as | ||||||
23 | set forth in this Act and informing the reader that it may
| ||||||
24 | become a member in the corporation, maintain membership in | ||||||
25 | the corporation
and contribute money to the corporation | ||||||
26 | directly.
|
| |||||||
| |||||||
1 | (d) Prior to furnishing an enclosure to the State | ||||||
2 | agency, the
corporation shall seek and obtain approval of | ||||||
3 | the content of the enclosure
from the Illinois Commerce | ||||||
4 | Commission. The Commission shall approve the
enclosure if | ||||||
5 | it determines that the enclosure (i) is not false or
| ||||||
6 | misleading and (ii) satisfies the requirements of this | ||||||
7 | Act. The Commission
shall be deemed to have approved the | ||||||
8 | enclosure unless it disapproves the
enclosure within 14 | ||||||
9 | days from the date of receipt.
| ||||||
10 | (3) The corporation shall reimburse each State agency for | ||||||
11 | all reasonable
incremental costs incurred by the State agency | ||||||
12 | in complying with this
Section above the agency's normal | ||||||
13 | mailing and handling costs, provided that:
| ||||||
14 | (a) The State agency shall first furnish the | ||||||
15 | corporation with an
itemized accounting of such additional | ||||||
16 | cost; and
| ||||||
17 | (b) The corporation shall not be required to reimburse | ||||||
18 | the State agency
for postage costs if the weight of the | ||||||
19 | corporation's enclosure does not
exceed .35 ounce | ||||||
20 | avoirdupois. If the corporation's enclosure exceeds that
| ||||||
21 | weight, then it shall only be required to reimburse the | ||||||
22 | State agency for
postage cost over and above what the | ||||||
23 | agency's postage cost would have been
had the enclosure | ||||||
24 | weighed only .35 ounce avoirdupois.
| ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | Section 60. The Illinois Public Aid Code is amended by | ||||||
2 | changing Sections 3-5, 4-1.6, 4-2, 5-2, 5-4, 6-1.2, 6-2, and | ||||||
3 | 12-9 as follows:
| ||||||
4 | (305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
| ||||||
5 | Sec. 3-5. Amount of aid. The amount and nature of | ||||||
6 | financial aid granted
to or in behalf of aged, blind, or | ||||||
7 | disabled persons shall be determined
in accordance with the | ||||||
8 | standards, grant amounts, rules and regulations of
the | ||||||
9 | Illinois Department. Due regard shall be given to the | ||||||
10 | requirements
and conditions existing in each case, and to the | ||||||
11 | amount of property
owned and the income, money contributions, | ||||||
12 | and other support, and
resources received or obtainable by the | ||||||
13 | person, from whatever source.
However, the amount and nature | ||||||
14 | of any financial aid is not affected by
the payment of any | ||||||
15 | grant under the " Senior Citizens and Persons with Disabilities | ||||||
16 | Disabled Persons
Property Tax Relief Act " or any distributions
| ||||||
17 | or items of income described under subparagraph (X) of | ||||||
18 | paragraph (2) of
subsection (a) of Section 203 of the Illinois | ||||||
19 | Income Tax Act. The aid shall
be sufficient, when added to all | ||||||
20 | other income, money contributions and
support, to provide the | ||||||
21 | person with a grant in the amount established by
Department | ||||||
22 | regulation for such a person, based upon standards providing a
| ||||||
23 | livelihood compatible with health and well-being. Financial | ||||||
24 | aid under this Article granted to persons who have been found | ||||||
25 | ineligible for Supplemental Security Income (SSI) due to |
| |||||||
| |||||||
1 | expiration of the period of eligibility for refugees and | ||||||
2 | asylees pursuant to 8 U.S.C. 1612(a)(2) shall equal 90% of the | ||||||
3 | current maximum SSI payment amount per month.
| ||||||
4 | (Source: P.A. 97-689, eff. 6-14-12; 98-674, eff. 6-30-14.)
| ||||||
5 | (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
| ||||||
6 | Sec. 4-1.6. Need. Income available to the family as | ||||||
7 | defined by the
Illinois Department by rule, or to the child
in | ||||||
8 | the case of a child removed from his or her home, when added to
| ||||||
9 | contributions in money, substance or services from other | ||||||
10 | sources,
including income available from parents absent from | ||||||
11 | the home or from a
stepparent, contributions made for the | ||||||
12 | benefit of the parent or other
persons necessary to provide | ||||||
13 | care and supervision to the child, and
contributions from | ||||||
14 | legally responsible relatives, must be equal to or less than | ||||||
15 | the grant amount established by Department regulation for such
| ||||||
16 | a person. For purposes of eligibility for aid under this | ||||||
17 | Article, the Department shall (a) disregard all earned income | ||||||
18 | between the grant amount and 50% of the Federal Poverty Level | ||||||
19 | and (b) disregard the value of all assets held by the family.
| ||||||
20 | In considering income to be taken into account, | ||||||
21 | consideration shall
be given to any expenses reasonably | ||||||
22 | attributable to the earning of such
income. Three-fourths of | ||||||
23 | the earned income of a household eligible for aid under this | ||||||
24 | Article shall be disregarded when determining the level of | ||||||
25 | assistance for which a household is eligible. The first $100 |
| |||||||
| |||||||
1 | of child support collected on behalf of a family in a month for | ||||||
2 | one child and the first $200 of child support collected on | ||||||
3 | behalf of a family in a month for 2 or more children shall be | ||||||
4 | passed through to the family and disregarded in determining | ||||||
5 | the amount of the assistance grant provided to the family | ||||||
6 | under this Article. Any amount of child support that would be | ||||||
7 | disregarded in determining the amount of the assistance grant | ||||||
8 | shall be disregarded in determining eligibility for cash | ||||||
9 | assistance provided under this Article. The Illinois | ||||||
10 | Department may also permit all or any
portion of earned or | ||||||
11 | other income to be set aside for the future
identifiable needs | ||||||
12 | of a child. The Illinois Department
may provide by rule and | ||||||
13 | regulation for the exemptions thus permitted or
required. The | ||||||
14 | eligibility of any applicant for or recipient of public
aid | ||||||
15 | under this Article is not affected by the payment of any grant | ||||||
16 | under
the " Senior Citizens and Persons with Disabilities | ||||||
17 | Property Tax Relief and Pharmaceutical Assistance Act " or any | ||||||
18 | distributions or items of income
described under subparagraph | ||||||
19 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
20 | Illinois Income Tax
Act.
| ||||||
21 | The Illinois Department may, by rule, set forth criteria | ||||||
22 | under which an
assistance unit is ineligible for cash | ||||||
23 | assistance under this Article for a
specified number of months | ||||||
24 | due to the receipt of a lump sum payment.
| ||||||
25 | (Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15; | ||||||
26 | 99-899, eff. 1-1-17 .)
|
| |||||||
| |||||||
1 | (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| ||||||
2 | Sec. 4-2. Amount of aid.
| ||||||
3 | (a) The amount and nature of financial aid shall be | ||||||
4 | determined in accordance
with the grant amounts, rules and | ||||||
5 | regulations of the Illinois Department. Due
regard shall be | ||||||
6 | given to the self-sufficiency requirements of the family and | ||||||
7 | to
the income, money contributions and other support and | ||||||
8 | resources available, from
whatever source. However, the amount | ||||||
9 | and nature of any financial aid is not
affected by the payment | ||||||
10 | of any grant under the " Senior Citizens and Persons with | ||||||
11 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
12 | Act " or any
distributions or items of income described under | ||||||
13 | subparagraph (X) of paragraph
(2) of subsection (a) of Section | ||||||
14 | 203 of the Illinois Income Tax Act. The aid
shall be | ||||||
15 | sufficient, when added to all other income, money | ||||||
16 | contributions and
support to provide the family with a grant | ||||||
17 | in the amount established by
Department regulation.
| ||||||
18 | (a-5) For the purposes of this subsection, TANF grant | ||||||
19 | amounts shall consist of the following portions: | ||||||
20 | (1) 75% shall be designated for the child or children | ||||||
21 | of the assistance unit; and | ||||||
22 | (2) 25% shall be designated for the adult member or | ||||||
23 | members of the assistance unit. | ||||||
24 | (b) The Illinois Department may conduct special projects, | ||||||
25 | which may be
known as Grant Diversion Projects, under which |
| |||||||
| |||||||
1 | recipients of financial aid
under this Article are placed in | ||||||
2 | jobs and their grants are diverted to the
employer who in turn | ||||||
3 | makes payments to the recipients in the form of salary
or other | ||||||
4 | employment benefits. The Illinois Department shall by rule | ||||||
5 | specify
the terms and conditions of such Grant Diversion | ||||||
6 | Projects. Such projects
shall take into consideration and be | ||||||
7 | coordinated with the programs
administered under the Illinois | ||||||
8 | Emergency Employment Development Act.
| ||||||
9 | (c) The amount and nature of the financial aid for a child | ||||||
10 | requiring
care outside his own home shall be determined in | ||||||
11 | accordance with the rules
and regulations of the Illinois | ||||||
12 | Department, with due regard to the needs
and requirements of | ||||||
13 | the child in the foster home or institution in which
he has | ||||||
14 | been placed.
| ||||||
15 | (d) If the Department establishes grants for family units | ||||||
16 | consisting
exclusively of a pregnant woman with no dependent | ||||||
17 | child or including her
husband if living with her, the grant | ||||||
18 | amount for such a unit
shall be equal to the grant amount for | ||||||
19 | an assistance unit consisting of one
adult, or 2 persons if the | ||||||
20 | husband is included. Other than as herein
described, an unborn | ||||||
21 | child shall not be counted
in determining the size of an | ||||||
22 | assistance unit or for calculating grants.
| ||||||
23 | Payments for basic maintenance requirements of a child or | ||||||
24 | children
and the relative with whom the child or children are | ||||||
25 | living shall be
prescribed, by rule, by the Illinois | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | Grants under this Article shall not be supplemented by | ||||||
2 | General
Assistance provided under Article VI.
| ||||||
3 | (e) Grants shall be paid to the parent or other person with | ||||||
4 | whom the
child or children are living, except for such amount | ||||||
5 | as is paid in
behalf of the child or his parent or other | ||||||
6 | relative to other persons or
agencies pursuant to this Code or | ||||||
7 | the rules and regulations of the
Illinois Department.
| ||||||
8 | (f) Subject to subsection (f-5), an assistance unit, | ||||||
9 | receiving
financial
aid under this Article or
temporarily | ||||||
10 | ineligible to receive aid under this Article under a penalty
| ||||||
11 | imposed by the Illinois Department for failure to comply with | ||||||
12 | the eligibility
requirements or that voluntarily requests | ||||||
13 | termination of financial assistance
under this Article and | ||||||
14 | becomes subsequently eligible for assistance within 9
months, | ||||||
15 | shall not receive any increase in the amount of aid solely on | ||||||
16 | account
of the birth of a child; except that an increase is not | ||||||
17 | prohibited when the
birth is (i) of a child of a pregnant woman
| ||||||
18 | who became eligible for aid under this Article during the | ||||||
19 | pregnancy,
or (ii) of a child born within 10 months after the | ||||||
20 | date of implementation of
this subsection, or (iii) of a child | ||||||
21 | conceived after a family became
ineligible for assistance due | ||||||
22 | to income or marriage and at least 3 months of
ineligibility | ||||||
23 | expired before any reapplication for assistance. This | ||||||
24 | subsection
does not, however, prevent a unit from receiving a | ||||||
25 | general increase in the
amount of aid that is provided to all | ||||||
26 | recipients of aid under this Article.
|
| |||||||
| |||||||
1 | The Illinois Department is authorized to transfer funds, | ||||||
2 | and shall use any
budgetary savings attributable to not | ||||||
3 | increasing the grants due to the births
of additional | ||||||
4 | children, to supplement existing funding for employment and
| ||||||
5 | training services for recipients of aid under this Article IV. | ||||||
6 | The Illinois
Department shall target, to the extent the | ||||||
7 | supplemental funding allows,
employment and training services | ||||||
8 | to the families who do not receive a grant
increase after the | ||||||
9 | birth of a child. In addition, the Illinois Department
shall | ||||||
10 | provide, to the extent the supplemental funding allows, such | ||||||
11 | families
with up to 24 months of transitional child care | ||||||
12 | pursuant to Illinois Department
rules. All remaining | ||||||
13 | supplemental funds shall be used for employment and
training | ||||||
14 | services or transitional child care support.
| ||||||
15 | In making the transfers authorized by this subsection, the | ||||||
16 | Illinois
Department shall first determine, pursuant to | ||||||
17 | regulations adopted by the
Illinois Department for this | ||||||
18 | purpose, the amount of savings attributable to
not increasing | ||||||
19 | the grants due to the births of additional children. Transfers
| ||||||
20 | may be made from General Revenue Fund appropriations for | ||||||
21 | distributive purposes
authorized by Article IV of this Code | ||||||
22 | only to General Revenue Fund
appropriations for employability | ||||||
23 | development services including operating
and administrative | ||||||
24 | costs and related distributive purposes under Article
IXA of | ||||||
25 | this Code. The Director, with the approval of the Governor, | ||||||
26 | shall
certify the amount and affected line item appropriations |
| |||||||
| |||||||
1 | to the State
Comptroller.
| ||||||
2 | Nothing in this subsection shall be construed to prohibit | ||||||
3 | the Illinois
Department from using funds under this Article IV | ||||||
4 | to provide
assistance in the form of vouchers
that may be used | ||||||
5 | to pay for goods and services deemed by the Illinois
| ||||||
6 | Department, by rule, as suitable for the care of the child such | ||||||
7 | as diapers,
clothing, school supplies, and cribs.
| ||||||
8 | (f-5) Subsection (f) shall not apply to affect the monthly | ||||||
9 | assistance
amount of
any family as a result of the birth of a | ||||||
10 | child on or after January 1, 2004.
As resources permit after | ||||||
11 | January 1, 2004, the Department may
cease applying subsection | ||||||
12 | (f) to limit assistance to families receiving
assistance under | ||||||
13 | this Article on January 1, 2004, with respect to children
born | ||||||
14 | prior to that date. In any event, subsection (f) shall be | ||||||
15 | completely
inoperative on and after July 1, 2007.
| ||||||
16 | (g) (Blank).
| ||||||
17 | (h) Notwithstanding any other provision of this Code, the | ||||||
18 | Illinois
Department is authorized to reduce payment levels | ||||||
19 | used to determine cash grants
under this Article after | ||||||
20 | December 31 of any fiscal year if the Illinois
Department | ||||||
21 | determines that the caseload upon which the appropriations for | ||||||
22 | the
current fiscal year are based have increased by more than | ||||||
23 | 5% and the
appropriation is not sufficient to ensure that
cash | ||||||
24 | benefits under this Article do not exceed the amounts | ||||||
25 | appropriated for
those cash benefits. Reductions in payment | ||||||
26 | levels may be accomplished by
emergency rule under Section |
| |||||||
| |||||||
1 | 5-45 of the Illinois Administrative Procedure Act,
except that | ||||||
2 | the limitation on the number of emergency rules that may be | ||||||
3 | adopted
in a 24-month period shall not apply and the | ||||||
4 | provisions of Sections 5-115 and
5-125 of the Illinois | ||||||
5 | Administrative Procedure Act shall not apply.
Increases in | ||||||
6 | payment levels shall be accomplished only in accordance with
| ||||||
7 | Section 5-40 of the Illinois Administrative Procedure Act. | ||||||
8 | Before any rule
to increase payment levels
promulgated under | ||||||
9 | this Section shall become effective, a joint resolution
| ||||||
10 | approving the rule must be adopted by a roll call vote by a | ||||||
11 | majority of the
members elected to each chamber of the General | ||||||
12 | Assembly.
| ||||||
13 | (Source: P.A. 101-103, eff. 7-19-19.)
| ||||||
14 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
15 | Sec. 5-2. Classes of persons eligible. Medical assistance | ||||||
16 | under this
Article shall be available to any of the following | ||||||
17 | classes of persons in
respect to whom a plan for coverage has | ||||||
18 | been submitted to the Governor
by the Illinois Department and | ||||||
19 | approved by him. If changes made in this Section 5-2 require | ||||||
20 | federal approval, they shall not take effect until such | ||||||
21 | approval has been received:
| ||||||
22 | 1. Recipients of basic maintenance grants under | ||||||
23 | Articles III and IV.
| ||||||
24 | 2. Beginning January 1, 2014, persons otherwise | ||||||
25 | eligible for basic maintenance under Article
III, |
| |||||||
| |||||||
1 | excluding any eligibility requirements that are | ||||||
2 | inconsistent with any federal law or federal regulation, | ||||||
3 | as interpreted by the U.S. Department of Health and Human | ||||||
4 | Services, but who fail to qualify thereunder on the basis | ||||||
5 | of need, and
who have insufficient income and resources to | ||||||
6 | meet the costs of
necessary medical care, including , but | ||||||
7 | not limited to , the following:
| ||||||
8 | (a) All persons otherwise eligible for basic | ||||||
9 | maintenance under Article
III but who fail to qualify | ||||||
10 | under that Article on the basis of need and who
meet | ||||||
11 | either of the following requirements:
| ||||||
12 | (i) their income, as determined by the | ||||||
13 | Illinois Department in
accordance with any federal | ||||||
14 | requirements, is equal to or less than 100% of the | ||||||
15 | federal poverty level; or
| ||||||
16 | (ii) their income, after the deduction of | ||||||
17 | costs incurred for medical
care and for other | ||||||
18 | types of remedial care, is equal to or less than | ||||||
19 | 100% of the federal poverty level.
| ||||||
20 | (b) (Blank).
| ||||||
21 | 3. (Blank).
| ||||||
22 | 4. Persons not eligible under any of the preceding | ||||||
23 | paragraphs who fall
sick, are injured, or die, not having | ||||||
24 | sufficient money, property or other
resources to meet the | ||||||
25 | costs of necessary medical care or funeral and burial
| ||||||
26 | expenses.
|
| |||||||
| |||||||
1 | 5.(a) Beginning January 1, 2020, women during | ||||||
2 | pregnancy and during the
12-month period beginning on the | ||||||
3 | last day of the pregnancy, together with
their infants,
| ||||||
4 | whose income is at or below 200% of the federal poverty | ||||||
5 | level. Until September 30, 2019, or sooner if the | ||||||
6 | maintenance of effort requirements under the Patient | ||||||
7 | Protection and Affordable Care Act are eliminated or may | ||||||
8 | be waived before then, women during pregnancy and during | ||||||
9 | the 12-month period beginning on the last day of the | ||||||
10 | pregnancy, whose countable monthly income, after the | ||||||
11 | deduction of costs incurred for medical care and for other | ||||||
12 | types of remedial care as specified in administrative | ||||||
13 | rule, is equal to or less than the Medical Assistance-No | ||||||
14 | Grant(C) (MANG(C)) Income Standard in effect on April 1, | ||||||
15 | 2013 as set forth in administrative rule.
| ||||||
16 | (b) The plan for coverage shall provide ambulatory | ||||||
17 | prenatal care to pregnant women during a
presumptive | ||||||
18 | eligibility period and establish an income eligibility | ||||||
19 | standard
that is equal to 200% of the federal poverty | ||||||
20 | level, provided that costs incurred
for medical care are | ||||||
21 | not taken into account in determining such income
| ||||||
22 | eligibility.
| ||||||
23 | (c) The Illinois Department may conduct a | ||||||
24 | demonstration in at least one
county that will provide | ||||||
25 | medical assistance to pregnant women, together
with their | ||||||
26 | infants and children up to one year of age,
where the |
| |||||||
| |||||||
1 | income
eligibility standard is set up to 185% of the | ||||||
2 | nonfarm income official
poverty line, as defined by the | ||||||
3 | federal Office of Management and Budget.
The Illinois | ||||||
4 | Department shall seek and obtain necessary authorization
| ||||||
5 | provided under federal law to implement such a | ||||||
6 | demonstration. Such
demonstration may establish resource | ||||||
7 | standards that are not more
restrictive than those | ||||||
8 | established under Article IV of this Code.
| ||||||
9 | 6. (a) Children younger than age 19 when countable | ||||||
10 | income is at or below 133% of the federal poverty level. | ||||||
11 | Until September 30, 2019, or sooner if the maintenance of | ||||||
12 | effort requirements under the Patient Protection and | ||||||
13 | Affordable Care Act are eliminated or may be waived before | ||||||
14 | then, children younger than age 19 whose countable monthly | ||||||
15 | income, after the deduction of costs incurred for medical | ||||||
16 | care and for other types of remedial care as specified in | ||||||
17 | administrative rule, is equal to or less than the Medical | ||||||
18 | Assistance-No Grant(C) (MANG(C)) Income Standard in effect | ||||||
19 | on April 1, 2013 as set forth in administrative rule. | ||||||
20 | (b) Children and youth who are under temporary custody | ||||||
21 | or guardianship of the Department of Children and Family | ||||||
22 | Services or who receive financial assistance in support of | ||||||
23 | an adoption or guardianship placement from the Department | ||||||
24 | of Children and Family Services.
| ||||||
25 | 7. (Blank).
| ||||||
26 | 8. As required under federal law, persons who are |
| |||||||
| |||||||
1 | eligible for Transitional Medical Assistance as a result | ||||||
2 | of an increase in earnings or child or spousal support | ||||||
3 | received. The plan for coverage for this class of persons | ||||||
4 | shall:
| ||||||
5 | (a) extend the medical assistance coverage to the | ||||||
6 | extent required by federal law; and
| ||||||
7 | (b) offer persons who have initially received 6 | ||||||
8 | months of the
coverage provided in paragraph (a) | ||||||
9 | above, the option of receiving an
additional 6 months | ||||||
10 | of coverage, subject to the following:
| ||||||
11 | (i) such coverage shall be pursuant to | ||||||
12 | provisions of the federal
Social Security Act;
| ||||||
13 | (ii) such coverage shall include all services | ||||||
14 | covered under Illinois' State Medicaid Plan;
| ||||||
15 | (iii) no premium shall be charged for such | ||||||
16 | coverage; and
| ||||||
17 | (iv) such coverage shall be suspended in the | ||||||
18 | event of a person's
failure without good cause to | ||||||
19 | file in a timely fashion reports required for
this | ||||||
20 | coverage under the Social Security Act and | ||||||
21 | coverage shall be reinstated
upon the filing of | ||||||
22 | such reports if the person remains otherwise | ||||||
23 | eligible.
| ||||||
24 | 9. Persons with acquired immunodeficiency syndrome | ||||||
25 | (AIDS) or with
AIDS-related conditions with respect to | ||||||
26 | whom there has been a determination
that but for home or |
| |||||||
| |||||||
1 | community-based services such individuals would
require | ||||||
2 | the level of care provided in an inpatient hospital, | ||||||
3 | skilled
nursing facility or intermediate care facility the | ||||||
4 | cost of which is
reimbursed under this Article. Assistance | ||||||
5 | shall be provided to such
persons to the maximum extent | ||||||
6 | permitted under Title
XIX of the Federal Social Security | ||||||
7 | Act.
| ||||||
8 | 10. Participants in the long-term care insurance | ||||||
9 | partnership program
established under the Illinois | ||||||
10 | Long-Term Care Partnership Program Act who meet the
| ||||||
11 | qualifications for protection of resources described in | ||||||
12 | Section 15 of that
Act.
| ||||||
13 | 11. Persons with disabilities who are employed and | ||||||
14 | eligible for Medicaid,
pursuant to Section | ||||||
15 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
16 | subject to federal approval, persons with a medically | ||||||
17 | improved disability who are employed and eligible for | ||||||
18 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
19 | the Social Security Act, as
provided by the Illinois | ||||||
20 | Department by rule. In establishing eligibility standards | ||||||
21 | under this paragraph 11, the Department shall, subject to | ||||||
22 | federal approval: | ||||||
23 | (a) set the income eligibility standard at not | ||||||
24 | lower than 350% of the federal poverty level; | ||||||
25 | (b) exempt retirement accounts that the person | ||||||
26 | cannot access without penalty before the age
of 59 |
| |||||||
| |||||||
1 | 1/2, and medical savings accounts established pursuant | ||||||
2 | to 26 U.S.C. 220; | ||||||
3 | (c) allow non-exempt assets up to $25,000 as to | ||||||
4 | those assets accumulated during periods of eligibility | ||||||
5 | under this paragraph 11; and
| ||||||
6 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
7 | determining the eligibility of the person under this | ||||||
8 | Article even if the person loses eligibility under | ||||||
9 | this paragraph 11.
| ||||||
10 | 12. Subject to federal approval, persons who are | ||||||
11 | eligible for medical
assistance coverage under applicable | ||||||
12 | provisions of the federal Social Security
Act and the | ||||||
13 | federal Breast and Cervical Cancer Prevention and | ||||||
14 | Treatment Act of
2000. Those eligible persons are defined | ||||||
15 | to include, but not be limited to,
the following persons:
| ||||||
16 | (1) persons who have been screened for breast or | ||||||
17 | cervical cancer under
the U.S. Centers for Disease | ||||||
18 | Control and Prevention Breast and Cervical Cancer
| ||||||
19 | Program established under Title XV of the federal | ||||||
20 | Public Health Service Services Act in
accordance with | ||||||
21 | the requirements of Section 1504 of that Act as | ||||||
22 | administered by
the Illinois Department of Public | ||||||
23 | Health; and
| ||||||
24 | (2) persons whose screenings under the above | ||||||
25 | program were funded in whole
or in part by funds | ||||||
26 | appropriated to the Illinois Department of Public |
| |||||||
| |||||||
1 | Health
for breast or cervical cancer screening.
| ||||||
2 | "Medical assistance" under this paragraph 12 shall be | ||||||
3 | identical to the benefits
provided under the State's | ||||||
4 | approved plan under Title XIX of the Social Security
Act. | ||||||
5 | The Department must request federal approval of the | ||||||
6 | coverage under this
paragraph 12 within 30 days after July | ||||||
7 | 3, 2001 ( the effective date of Public Act 92-47) this | ||||||
8 | amendatory Act of
the 92nd General Assembly .
| ||||||
9 | In addition to the persons who are eligible for | ||||||
10 | medical assistance pursuant to subparagraphs (1) and (2) | ||||||
11 | of this paragraph 12, and to be paid from funds | ||||||
12 | appropriated to the Department for its medical programs, | ||||||
13 | any uninsured person as defined by the Department in rules | ||||||
14 | residing in Illinois who is younger than 65 years of age, | ||||||
15 | who has been screened for breast and cervical cancer in | ||||||
16 | accordance with standards and procedures adopted by the | ||||||
17 | Department of Public Health for screening, and who is | ||||||
18 | referred to the Department by the Department of Public | ||||||
19 | Health as being in need of treatment for breast or | ||||||
20 | cervical cancer is eligible for medical assistance | ||||||
21 | benefits that are consistent with the benefits provided to | ||||||
22 | those persons described in subparagraphs (1) and (2). | ||||||
23 | Medical assistance coverage for the persons who are | ||||||
24 | eligible under the preceding sentence is not dependent on | ||||||
25 | federal approval, but federal moneys may be used to pay | ||||||
26 | for services provided under that coverage upon federal |
| |||||||
| |||||||
1 | approval. | ||||||
2 | 13. Subject to appropriation and to federal approval, | ||||||
3 | persons living with HIV/AIDS who are not otherwise | ||||||
4 | eligible under this Article and who qualify for services | ||||||
5 | covered under Section 5-5.04 as provided by the Illinois | ||||||
6 | Department by rule.
| ||||||
7 | 14. Subject to the availability of funds for this | ||||||
8 | purpose, the Department may provide coverage under this | ||||||
9 | Article to persons who reside in Illinois who are not | ||||||
10 | eligible under any of the preceding paragraphs and who | ||||||
11 | meet the income guidelines of paragraph 2(a) of this | ||||||
12 | Section and (i) have an application for asylum pending | ||||||
13 | before the federal Department of Homeland Security or on | ||||||
14 | appeal before a court of competent jurisdiction and are | ||||||
15 | represented either by counsel or by an advocate accredited | ||||||
16 | by the federal Department of Homeland Security and | ||||||
17 | employed by a not-for-profit organization in regard to | ||||||
18 | that application or appeal, or (ii) are receiving services | ||||||
19 | through a federally funded torture treatment center. | ||||||
20 | Medical coverage under this paragraph 14 may be provided | ||||||
21 | for up to 24 continuous months from the initial | ||||||
22 | eligibility date so long as an individual continues to | ||||||
23 | satisfy the criteria of this paragraph 14. If an | ||||||
24 | individual has an appeal pending regarding an application | ||||||
25 | for asylum before the Department of Homeland Security, | ||||||
26 | eligibility under this paragraph 14 may be extended until |
| |||||||
| |||||||
1 | a final decision is rendered on the appeal. The Department | ||||||
2 | may adopt rules governing the implementation of this | ||||||
3 | paragraph 14.
| ||||||
4 | 15. Family Care Eligibility. | ||||||
5 | (a) On and after July 1, 2012, a parent or other | ||||||
6 | caretaker relative who is 19 years of age or older when | ||||||
7 | countable income is at or below 133% of the federal | ||||||
8 | poverty level. A person may not spend down to become | ||||||
9 | eligible under this paragraph 15. | ||||||
10 | (b) Eligibility shall be reviewed annually. | ||||||
11 | (c) (Blank). | ||||||
12 | (d) (Blank). | ||||||
13 | (e) (Blank). | ||||||
14 | (f) (Blank). | ||||||
15 | (g) (Blank). | ||||||
16 | (h) (Blank). | ||||||
17 | (i) Following termination of an individual's | ||||||
18 | coverage under this paragraph 15, the individual must | ||||||
19 | be determined eligible before the person can be | ||||||
20 | re-enrolled. | ||||||
21 | 16. Subject to appropriation, uninsured persons who | ||||||
22 | are not otherwise eligible under this Section who have | ||||||
23 | been certified and referred by the Department of Public | ||||||
24 | Health as having been screened and found to need | ||||||
25 | diagnostic evaluation or treatment, or both diagnostic | ||||||
26 | evaluation and treatment, for prostate or testicular |
| |||||||
| |||||||
1 | cancer. For the purposes of this paragraph 16, uninsured | ||||||
2 | persons are those who do not have creditable coverage, as | ||||||
3 | defined under the Health Insurance Portability and | ||||||
4 | Accountability Act, or have otherwise exhausted any | ||||||
5 | insurance benefits they may have had, for prostate or | ||||||
6 | testicular cancer diagnostic evaluation or treatment, or | ||||||
7 | both diagnostic evaluation and treatment.
To be eligible, | ||||||
8 | a person must furnish a Social Security number.
A person's | ||||||
9 | assets are exempt from consideration in determining | ||||||
10 | eligibility under this paragraph 16.
Such persons shall be | ||||||
11 | eligible for medical assistance under this paragraph 16 | ||||||
12 | for so long as they need treatment for the cancer. A person | ||||||
13 | shall be considered to need treatment if, in the opinion | ||||||
14 | of the person's treating physician, the person requires | ||||||
15 | therapy directed toward cure or palliation of prostate or | ||||||
16 | testicular cancer, including recurrent metastatic cancer | ||||||
17 | that is a known or presumed complication of prostate or | ||||||
18 | testicular cancer and complications resulting from the | ||||||
19 | treatment modalities themselves. Persons who require only | ||||||
20 | routine monitoring services are not considered to need | ||||||
21 | treatment.
"Medical assistance" under this paragraph 16 | ||||||
22 | shall be identical to the benefits provided under the | ||||||
23 | State's approved plan under Title XIX of the Social | ||||||
24 | Security Act.
Notwithstanding any other provision of law, | ||||||
25 | the Department (i) does not have a claim against the | ||||||
26 | estate of a deceased recipient of services under this |
| |||||||
| |||||||
1 | paragraph 16 and (ii) does not have a lien against any | ||||||
2 | homestead property or other legal or equitable real | ||||||
3 | property interest owned by a recipient of services under | ||||||
4 | this paragraph 16. | ||||||
5 | 17. Persons who, pursuant to a waiver approved by the | ||||||
6 | Secretary of the U.S. Department of Health and Human | ||||||
7 | Services, are eligible for medical assistance under Title | ||||||
8 | XIX or XXI of the federal Social Security Act. | ||||||
9 | Notwithstanding any other provision of this Code and | ||||||
10 | consistent with the terms of the approved waiver, the | ||||||
11 | Illinois Department, may by rule: | ||||||
12 | (a) Limit the geographic areas in which the waiver | ||||||
13 | program operates. | ||||||
14 | (b) Determine the scope, quantity, duration, and | ||||||
15 | quality, and the rate and method of reimbursement, of | ||||||
16 | the medical services to be provided, which may differ | ||||||
17 | from those for other classes of persons eligible for | ||||||
18 | assistance under this Article. | ||||||
19 | (c) Restrict the persons' freedom in choice of | ||||||
20 | providers. | ||||||
21 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
22 | older, but younger than 65, who are not otherwise eligible | ||||||
23 | for medical assistance under this Section 5-2, who qualify | ||||||
24 | for medical assistance pursuant to 42 U.S.C. | ||||||
25 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
26 | regulations, and who have income at or below 133% of the |
| |||||||
| |||||||
1 | federal poverty level plus 5% for the applicable family | ||||||
2 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
3 | applicable federal regulations. Persons eligible for | ||||||
4 | medical assistance under this paragraph 18 shall receive | ||||||
5 | coverage for the Health Benefits Service Package as that | ||||||
6 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
7 | Code. If Illinois' federal medical assistance percentage | ||||||
8 | (FMAP) is reduced below 90% for persons eligible for | ||||||
9 | medical
assistance under this paragraph 18, eligibility | ||||||
10 | under this paragraph 18 shall cease no later than the end | ||||||
11 | of the third month following the month in which the | ||||||
12 | reduction in FMAP takes effect. | ||||||
13 | 19. Beginning January 1, 2014, as required under 42 | ||||||
14 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 | ||||||
15 | and younger than age 26 who are not otherwise eligible for | ||||||
16 | medical assistance under paragraphs (1) through (17) of | ||||||
17 | this Section who (i) were in foster care under the | ||||||
18 | responsibility of the State on the date of attaining age | ||||||
19 | 18 or on the date of attaining age 21 when a court has | ||||||
20 | continued wardship for good cause as provided in Section | ||||||
21 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
22 | medical assistance under the Illinois Title XIX State Plan | ||||||
23 | or waiver of such plan while in foster care. | ||||||
24 | 20. Beginning January 1, 2018, persons who are | ||||||
25 | foreign-born victims of human trafficking, torture, or | ||||||
26 | other serious crimes as defined in Section 2-19 of this |
| |||||||
| |||||||
1 | Code and their derivative family members if such persons: | ||||||
2 | (i) reside in Illinois; (ii) are not eligible under any of | ||||||
3 | the preceding paragraphs; (iii) meet the income guidelines | ||||||
4 | of subparagraph (a) of paragraph 2; and (iv) meet the | ||||||
5 | nonfinancial eligibility requirements of Sections 16-2, | ||||||
6 | 16-3, and 16-5 of this Code. The Department may extend | ||||||
7 | medical assistance for persons who are foreign-born | ||||||
8 | victims of human trafficking, torture, or other serious | ||||||
9 | crimes whose medical assistance would be terminated | ||||||
10 | pursuant to subsection (b) of Section 16-5 if the | ||||||
11 | Department determines that the person, during the year of | ||||||
12 | initial eligibility (1) experienced a health crisis, (2) | ||||||
13 | has been unable, after reasonable attempts, to obtain | ||||||
14 | necessary information from a third party, or (3) has other | ||||||
15 | extenuating circumstances that prevented the person from | ||||||
16 | completing his or her application for status. The | ||||||
17 | Department may adopt any rules necessary to implement the | ||||||
18 | provisions of this paragraph. | ||||||
19 | 21. Persons who are not otherwise eligible for medical | ||||||
20 | assistance under this Section who may qualify for medical | ||||||
21 | assistance pursuant to 42 U.S.C. | ||||||
22 | 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the | ||||||
23 | duration of any federal or State declared emergency due to | ||||||
24 | COVID-19. Medical assistance to persons eligible for | ||||||
25 | medical assistance solely pursuant to this paragraph 21 | ||||||
26 | shall be limited to any in vitro diagnostic product (and |
| |||||||
| |||||||
1 | the administration of such product) described in 42 U.S.C. | ||||||
2 | 1396d(a)(3)(B) on or after March 18, 2020, any visit | ||||||
3 | described in 42 U.S.C. 1396o(a)(2)(G), or any other | ||||||
4 | medical assistance that may be federally authorized for | ||||||
5 | this class of persons. The Department may also cover | ||||||
6 | treatment of COVID-19 for this class of persons, or any | ||||||
7 | similar category of uninsured individuals, to the extent | ||||||
8 | authorized under a federally approved 1115 Waiver or other | ||||||
9 | federal authority. Notwithstanding the provisions of | ||||||
10 | Section 1-11 of this Code, due to the nature of the | ||||||
11 | COVID-19 public health emergency, the Department may cover | ||||||
12 | and provide the medical assistance described in this | ||||||
13 | paragraph 21 to noncitizens who would otherwise meet the | ||||||
14 | eligibility requirements for the class of persons | ||||||
15 | described in this paragraph 21 for the duration of the | ||||||
16 | State emergency period. | ||||||
17 | In implementing the provisions of Public Act 96-20, the | ||||||
18 | Department is authorized to adopt only those rules necessary, | ||||||
19 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
20 | the Department to adopt rules or issue a decision that expands | ||||||
21 | eligibility for the FamilyCare Program to a person whose | ||||||
22 | income exceeds 185% of the Federal Poverty Level as determined | ||||||
23 | from time to time by the U.S. Department of Health and Human | ||||||
24 | Services, unless the Department is provided with express | ||||||
25 | statutory authority.
| ||||||
26 | The eligibility of any such person for medical assistance |
| |||||||
| |||||||
1 | under this
Article is not affected by the payment of any grant | ||||||
2 | under the Senior
Citizens and Persons with Disabilities | ||||||
3 | Property Tax Relief and Pharmaceutical Assistance Act or any | ||||||
4 | distributions or items of income described under
subparagraph | ||||||
5 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
6 | Illinois Income Tax
Act. | ||||||
7 | The Department shall by rule establish the amounts of
| ||||||
8 | assets to be disregarded in determining eligibility for | ||||||
9 | medical assistance,
which shall at a minimum equal the amounts | ||||||
10 | to be disregarded under the
Federal Supplemental Security | ||||||
11 | Income Program. The amount of assets of a
single person to be | ||||||
12 | disregarded
shall not be less than $2,000, and the amount of | ||||||
13 | assets of a married couple
to be disregarded shall not be less | ||||||
14 | than $3,000.
| ||||||
15 | To the extent permitted under federal law, any person | ||||||
16 | found guilty of a
second violation of Article VIIIA
shall be | ||||||
17 | ineligible for medical assistance under this Article, as | ||||||
18 | provided
in Section 8A-8.
| ||||||
19 | The eligibility of any person for medical assistance under | ||||||
20 | this Article
shall not be affected by the receipt by the person | ||||||
21 | of donations or benefits
from fundraisers held for the person | ||||||
22 | in cases of serious illness,
as long as neither the person nor | ||||||
23 | members of the person's family
have actual control over the | ||||||
24 | donations or benefits or the disbursement
of the donations or | ||||||
25 | benefits.
| ||||||
26 | Notwithstanding any other provision of this Code, if the |
| |||||||
| |||||||
1 | United States Supreme Court holds Title II, Subtitle A, | ||||||
2 | Section 2001(a) of Public Law 111-148 to be unconstitutional, | ||||||
3 | or if a holding of Public Law 111-148 makes Medicaid | ||||||
4 | eligibility allowed under Section 2001(a) inoperable, the | ||||||
5 | State or a unit of local government shall be prohibited from | ||||||
6 | enrolling individuals in the Medical Assistance Program as the | ||||||
7 | result of federal approval of a State Medicaid waiver on or | ||||||
8 | after June 14, 2012 ( the effective date of Public Act 97-687) | ||||||
9 | this amendatory Act of the 97th General Assembly , and any | ||||||
10 | individuals enrolled in the Medical Assistance Program | ||||||
11 | pursuant to eligibility permitted as a result of such a State | ||||||
12 | Medicaid waiver shall become immediately ineligible. | ||||||
13 | Notwithstanding any other provision of this Code, if an | ||||||
14 | Act of Congress that becomes a Public Law eliminates Section | ||||||
15 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
16 | government shall be prohibited from enrolling individuals in | ||||||
17 | the Medical Assistance Program as the result of federal | ||||||
18 | approval of a State Medicaid waiver on or after June 14, 2012 | ||||||
19 | ( the effective date of Public Act 97-687) this amendatory Act | ||||||
20 | of the 97th General Assembly , and any individuals enrolled in | ||||||
21 | the Medical Assistance Program pursuant to eligibility | ||||||
22 | permitted as a result of such a State Medicaid waiver shall | ||||||
23 | become immediately ineligible. | ||||||
24 | Effective October 1, 2013, the determination of | ||||||
25 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
26 | 15, 17, and 18 of this Section shall comply with the |
| |||||||
| |||||||
1 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
2 | regulations. | ||||||
3 | The Department of Healthcare and Family Services, the | ||||||
4 | Department of Human Services, and the Illinois health | ||||||
5 | insurance marketplace shall work cooperatively to assist | ||||||
6 | persons who would otherwise lose health benefits as a result | ||||||
7 | of changes made under Public Act 98-104 this amendatory Act of | ||||||
8 | the 98th General Assembly to transition to other health | ||||||
9 | insurance coverage. | ||||||
10 | (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; | ||||||
11 | revised 8-24-20.)
| ||||||
12 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| ||||||
13 | Sec. 5-4. Amount and nature of medical assistance. | ||||||
14 | (a) The amount and nature of
medical assistance shall be | ||||||
15 | determined in accordance
with the standards, rules, and | ||||||
16 | regulations of the Department of Healthcare and Family | ||||||
17 | Services, with due regard to the requirements and conditions | ||||||
18 | in each case,
including contributions available from legally | ||||||
19 | responsible
relatives. However, the amount and nature of such | ||||||
20 | medical assistance shall
not be affected by the payment of any | ||||||
21 | grant under the Senior Citizens and
Persons with Disabilities | ||||||
22 | Property Tax Relief and Pharmaceutical Assistance Act or any
| ||||||
23 | distributions or items of income described under subparagraph | ||||||
24 | (X) of
paragraph (2) of subsection (a) of Section 203 of the | ||||||
25 | Illinois Income Tax
Act.
The amount and nature of medical |
| |||||||
| |||||||
1 | assistance shall not be affected by the
receipt of donations | ||||||
2 | or benefits from fundraisers in cases of serious
illness, as | ||||||
3 | long as neither the person nor members of the person's family
| ||||||
4 | have actual control over the donations or benefits or the | ||||||
5 | disbursement of
the donations or benefits.
| ||||||
6 | In determining the income and resources available to the | ||||||
7 | institutionalized
spouse and to the community spouse, the | ||||||
8 | Department of Healthcare and Family Services
shall follow the | ||||||
9 | procedures established by federal law. If an institutionalized | ||||||
10 | spouse or community spouse refuses to comply with the | ||||||
11 | requirements of Title XIX of the federal Social Security Act | ||||||
12 | and the regulations duly promulgated thereunder by failing to | ||||||
13 | provide the total value of assets, including income and | ||||||
14 | resources, to the extent either the institutionalized spouse | ||||||
15 | or community spouse has an ownership interest in them pursuant | ||||||
16 | to 42 U.S.C. 1396r-5, such refusal may result in the | ||||||
17 | institutionalized spouse being denied eligibility and | ||||||
18 | continuing to remain ineligible for the medical assistance | ||||||
19 | program based on failure to cooperate. | ||||||
20 | Subject to federal approval, the community spouse
resource | ||||||
21 | allowance shall be established and maintained at the higher of | ||||||
22 | $109,560 or the minimum level
permitted pursuant to Section | ||||||
23 | 1924(f)(2) of the Social Security Act, as now
or hereafter | ||||||
24 | amended, or an amount set after a fair hearing, whichever is
| ||||||
25 | greater. The monthly maintenance allowance for the community | ||||||
26 | spouse shall be
established and maintained at the higher of |
| |||||||
| |||||||
1 | $2,739 per month or the minimum level permitted pursuant to | ||||||
2 | Section
1924(d)(3) of the Social Security Act, as now or | ||||||
3 | hereafter amended, or an amount set after a fair hearing, | ||||||
4 | whichever is greater. Subject
to the approval of the Secretary | ||||||
5 | of the United States Department of Health and
Human Services, | ||||||
6 | the provisions of this Section shall be extended to persons | ||||||
7 | who
but for the provision of home or community-based services | ||||||
8 | under Section
4.02 of the Illinois Act on the Aging, would | ||||||
9 | require the level of care provided
in an institution, as is | ||||||
10 | provided for in federal law.
| ||||||
11 | (b) Spousal support for institutionalized spouses | ||||||
12 | receiving medical assistance. | ||||||
13 | (i) The Department may seek support for an | ||||||
14 | institutionalized spouse, who has assigned his or her | ||||||
15 | right of support from his or her spouse to the State, from | ||||||
16 | the resources and income available to the community | ||||||
17 | spouse. | ||||||
18 | (ii) The Department may bring an action in the circuit | ||||||
19 | court to establish support orders or itself establish | ||||||
20 | administrative support orders by any means and procedures | ||||||
21 | authorized in this Code, as applicable, except that the | ||||||
22 | standard and regulations for determining ability to | ||||||
23 | support in Section 10-3 shall not limit the amount of | ||||||
24 | support that may be ordered. | ||||||
25 | (iii) Proceedings may be initiated to obtain support, | ||||||
26 | or for the recovery of aid granted during the period such |
| |||||||
| |||||||
1 | support was not provided, or both, for the obtainment of | ||||||
2 | support and the recovery of the aid provided. Proceedings | ||||||
3 | for the recovery of aid may be taken separately or they may | ||||||
4 | be consolidated with actions to obtain support. Such | ||||||
5 | proceedings may be brought in the name of the person or | ||||||
6 | persons requiring support or may be brought in the name of | ||||||
7 | the Department, as the case requires. | ||||||
8 | (iv) The orders for the payment of moneys for the | ||||||
9 | support of the person shall be just and equitable and may | ||||||
10 | direct payment thereof for such period or periods of time | ||||||
11 | as the circumstances require, including support for a | ||||||
12 | period before the date the order for support is entered. | ||||||
13 | In no event shall the orders reduce the community spouse | ||||||
14 | resource allowance below the level established in | ||||||
15 | subsection (a) of this Section or an amount set after a | ||||||
16 | fair hearing, whichever is greater, or reduce the monthly | ||||||
17 | maintenance allowance for the community spouse below the | ||||||
18 | level permitted pursuant to subsection (a) of this | ||||||
19 | Section.
| ||||||
20 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
| ||||||
21 | (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
| ||||||
22 | Sec. 6-1.2. Need. Income available to the person, when | ||||||
23 | added to
contributions in money, substance, or services from | ||||||
24 | other sources,
including contributions from legally | ||||||
25 | responsible relatives, must be
insufficient to equal the grant |
| |||||||
| |||||||
1 | amount established by Department regulation
(or by local | ||||||
2 | governmental unit in units which do not receive State funds)
| ||||||
3 | for such a person.
| ||||||
4 | In determining income to be taken into account:
| ||||||
5 | (1) The first $75 of earned income in income | ||||||
6 | assistance units
comprised exclusively of one adult person | ||||||
7 | shall be disregarded, and for not
more than 3 months in any | ||||||
8 | 12 consecutive months that portion
of earned income beyond | ||||||
9 | the first $75 that is the difference between the
standard | ||||||
10 | of assistance and the grant amount, shall be disregarded.
| ||||||
11 | (2) For income assistance units not comprised | ||||||
12 | exclusively of one adult
person, when authorized by rules | ||||||
13 | and regulations of the Illinois
Department, a portion of | ||||||
14 | earned income, not to exceed the first $25 a month
plus 50% | ||||||
15 | of the next $75, may be disregarded for the purpose of | ||||||
16 | stimulating
and aiding rehabilitative effort and | ||||||
17 | self-support activity.
| ||||||
18 | "Earned income" means money earned in self-employment or | ||||||
19 | wages, salary,
or commission for personal services performed | ||||||
20 | as an employee. The eligibility
of any applicant for or | ||||||
21 | recipient of public aid under this Article is not
affected by | ||||||
22 | the payment of any grant under the " Senior Citizens and | ||||||
23 | Persons with Disabilities Property Tax Relief and | ||||||
24 | Pharmaceutical Assistance Act " , any
refund
or payment of the | ||||||
25 | federal Earned Income Tax Credit, any rebate authorized under | ||||||
26 | Section 2201(a) of the Coronavirus Aid, Relief, and Economic |
| |||||||
| |||||||
1 | Security Act (Public Law 116-136) or under any other federal | ||||||
2 | economic stimulus program created in response to the COVID-19 | ||||||
3 | emergency, or any distributions or
items of income described | ||||||
4 | under subparagraph (X) of
paragraph (2) of subsection (a) of | ||||||
5 | Section 203 of the Illinois Income Tax
Act.
| ||||||
6 | (Source: P.A. 101-632, eff. 6-5-20.)
| ||||||
7 | (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
| ||||||
8 | Sec. 6-2. Amount of aid. The amount and nature of General | ||||||
9 | Assistance
for basic maintenance requirements shall be | ||||||
10 | determined in accordance
with local budget standards for local | ||||||
11 | governmental units which do not receive
State funds. For local | ||||||
12 | governmental units which do receive State funds,
the amount | ||||||
13 | and nature of General Assistance for basic maintenance | ||||||
14 | requirements
shall be determined in accordance with the | ||||||
15 | standards, rules and regulations
of the Illinois Department. | ||||||
16 | However,
the amount and nature of any
financial aid is not | ||||||
17 | affected by the payment of any grant under the
Senior Citizens | ||||||
18 | and Persons with Disabilities Property Tax Relief and | ||||||
19 | Pharmaceutical Assistance Act, any rebate authorized under | ||||||
20 | Section 2201(a) of the Coronavirus Aid, Relief, and Economic | ||||||
21 | Security Act (Public Law 116-136) or under any other federal | ||||||
22 | economic stimulus program created in response to the COVID-19 | ||||||
23 | emergency,
or any distributions or items of income described | ||||||
24 | under subparagraph (X) of
paragraph (2) of subsection (a) of | ||||||
25 | Section 203 of the Illinois Income Tax
Act. Due regard shall be |
| |||||||
| |||||||
1 | given to the
requirements and the conditions existing in each | ||||||
2 | case, and to the income,
money contributions and other support | ||||||
3 | and resources available, from
whatever source. In local | ||||||
4 | governmental units which do not receive State
funds, the grant | ||||||
5 | shall be sufficient when added to all other income, money
| ||||||
6 | contributions and support in excess of any excluded income or | ||||||
7 | resources, to
provide the person with a grant in the amount | ||||||
8 | established for such a person
by the local governmental unit | ||||||
9 | based upon standards meeting basic
maintenance requirements. | ||||||
10 | In local governmental units which
do receive State funds, the | ||||||
11 | grant shall be sufficient when added to all
other income, | ||||||
12 | money contributions and support in excess of any excluded
| ||||||
13 | income or resources, to provide the person with a grant in the | ||||||
14 | amount
established for such a person by Department regulation | ||||||
15 | based upon standards
providing a livelihood compatible with | ||||||
16 | health and well-being, as directed
by Section 12-4.11 of this | ||||||
17 | Code.
| ||||||
18 | The Illinois Department may conduct special projects, | ||||||
19 | which may be
known as Grant Diversion Projects, under which | ||||||
20 | recipients of financial aid
under this Article are placed in | ||||||
21 | jobs and their grants are diverted to the
employer who in turn | ||||||
22 | makes payments to the recipients in the form of salary
or other | ||||||
23 | employment benefits. The Illinois Department shall by rule | ||||||
24 | specify
the terms and conditions of such Grant Diversion | ||||||
25 | Projects. Such projects
shall take into consideration and be | ||||||
26 | coordinated with the programs
administered under the Illinois |
| |||||||
| |||||||
1 | Emergency Employment Development Act.
| ||||||
2 | The allowances provided under Article IX for recipients | ||||||
3 | participating in
the training and rehabilitation programs | ||||||
4 | shall be in addition to such
maximum payment.
| ||||||
5 | Payments may also be made to provide persons receiving | ||||||
6 | basic
maintenance support with necessary treatment, care and | ||||||
7 | supplies required
because of illness or disability or with | ||||||
8 | acute medical treatment, care,
and supplies.
Payments for | ||||||
9 | necessary or acute medical
care under
this paragraph may be | ||||||
10 | made to or in behalf of the person. Obligations
incurred for | ||||||
11 | such services but not paid for at the time of a recipient's
| ||||||
12 | death may be paid, subject to the rules and regulations of the | ||||||
13 | Illinois
Department, after the death of the recipient.
| ||||||
14 | (Source: P.A. 101-632, eff. 6-5-20.)
| ||||||
15 | (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
| ||||||
16 | Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | ||||||
17 | Public Aid Recoveries Trust Fund shall consist of (1)
| ||||||
18 | recoveries by the Department of Healthcare and Family Services | ||||||
19 | (formerly Illinois Department of Public Aid) authorized by | ||||||
20 | this Code
in respect to applicants or recipients under | ||||||
21 | Articles III, IV, V, and VI,
including recoveries made by the | ||||||
22 | Department of Healthcare and Family Services (formerly | ||||||
23 | Illinois Department of Public
Aid) from the estates of | ||||||
24 | deceased recipients, (2) recoveries made by the
Department of | ||||||
25 | Healthcare and Family Services (formerly Illinois Department |
| |||||||
| |||||||
1 | of Public Aid) in respect to applicants and recipients under
| ||||||
2 | the Children's Health Insurance Program Act, and the Covering | ||||||
3 | ALL KIDS Health Insurance Act , and the Senior Citizens and | ||||||
4 | Persons with Disabilities Property Tax Relief and | ||||||
5 | Pharmaceutical Assistance Act , (2.5) recoveries made by the | ||||||
6 | Department of Healthcare and Family Services in connection | ||||||
7 | with the imposition of an administrative penalty as provided | ||||||
8 | under Section 12-4.45, (3) federal funds received on
behalf of | ||||||
9 | and earned by State universities and local governmental | ||||||
10 | entities
for services provided to
applicants or recipients | ||||||
11 | covered under this Code, the Children's Health Insurance | ||||||
12 | Program Act, and the Covering ALL KIDS Health Insurance Act , | ||||||
13 | and the Senior Citizens and Persons with Disabilities Property | ||||||
14 | Tax Relief and Pharmaceutical Assistance Act , (3.5) federal | ||||||
15 | financial participation revenue related to eligible | ||||||
16 | disbursements made by the Department of Healthcare and Family | ||||||
17 | Services from appropriations required by this Section, and (4) | ||||||
18 | all other moneys received to the Fund, including interest | ||||||
19 | thereon. The Fund shall be held
as a special fund in the State | ||||||
20 | Treasury.
| ||||||
21 | Disbursements from this Fund shall be only (1) for the | ||||||
22 | reimbursement of
claims collected by the Department of | ||||||
23 | Healthcare and Family Services (formerly Illinois Department | ||||||
24 | of Public Aid) through error
or mistake, (2) for payment to | ||||||
25 | persons or agencies designated as payees or
co-payees on any | ||||||
26 | instrument, whether or not negotiable, delivered to the
|
| |||||||
| |||||||
1 | Department of Healthcare and Family Services (formerly
| ||||||
2 | Illinois Department of Public Aid) as a recovery under this | ||||||
3 | Section, such
payment to be in proportion to the respective | ||||||
4 | interests of the payees in the
amount so collected, (3) for | ||||||
5 | payments to the Department of Human Services
for collections | ||||||
6 | made by the Department of Healthcare and Family Services | ||||||
7 | (formerly Illinois Department of Public Aid) on behalf of
the | ||||||
8 | Department of Human Services under this Code, the Children's | ||||||
9 | Health Insurance Program Act, and the Covering ALL KIDS Health | ||||||
10 | Insurance Act, (4) for payment of
administrative expenses | ||||||
11 | incurred in performing the
activities authorized under this | ||||||
12 | Code, the Children's Health Insurance Program Act, and the | ||||||
13 | Covering ALL KIDS Health Insurance Act , and the Senior | ||||||
14 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
15 | Pharmaceutical Assistance Act , (5)
for payment of fees to | ||||||
16 | persons or agencies in the performance of activities
pursuant | ||||||
17 | to the collection of monies owed the State that are collected
| ||||||
18 | under this Code, the Children's Health Insurance Program Act, | ||||||
19 | and the Covering ALL KIDS Health Insurance Act , and the Senior | ||||||
20 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
21 | Pharmaceutical Assistance Act , (6) for payments of any amounts | ||||||
22 | which are
reimbursable to the federal government which are | ||||||
23 | required to be paid by State
warrant by either the State or | ||||||
24 | federal government, and (7) for payments
to State universities | ||||||
25 | and local governmental entities of federal funds for
services | ||||||
26 | provided to
applicants or recipients covered under this Code, |
| |||||||
| |||||||
1 | the Children's Health Insurance Program Act, and the Covering | ||||||
2 | ALL KIDS Health Insurance Act , and the Senior Citizens and | ||||||
3 | Persons with Disabilities Property Tax Relief and | ||||||
4 | Pharmaceutical Assistance Act . Disbursements
from this Fund | ||||||
5 | for purposes of items (4) and (5) of this
paragraph shall be | ||||||
6 | subject to appropriations from the Fund to the Department of | ||||||
7 | Healthcare and Family Services (formerly Illinois
Department | ||||||
8 | of Public Aid).
| ||||||
9 | The balance in this Fund after
payment therefrom of any | ||||||
10 | amounts reimbursable to the federal government, and
minus the | ||||||
11 | amount reasonably anticipated to be needed to make the | ||||||
12 | disbursements
authorized by this Section during the current | ||||||
13 | and following 3 calendar months, shall be certified by the
| ||||||
14 | Director of Healthcare and Family Services and transferred by | ||||||
15 | the
State Comptroller to the Drug Rebate Fund or the | ||||||
16 | Healthcare Provider Relief Fund in
the State Treasury, as | ||||||
17 | appropriate, on at least an annual basis by June 30th of each | ||||||
18 | fiscal year. The Director of Healthcare and Family Services | ||||||
19 | may certify and the State Comptroller shall transfer to the | ||||||
20 | Drug Rebate Fund or the Healthcare Provider Relief Fund | ||||||
21 | amounts on a more frequent basis.
| ||||||
22 | On July 1, 1999, the State Comptroller shall transfer the | ||||||
23 | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | ||||||
24 | (formerly the Public Assistance
Recoveries Trust Fund) into | ||||||
25 | the DHS Recoveries Trust Fund.
| ||||||
26 | (Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12; |
| |||||||
| |||||||
1 | 98-130, eff. 8-2-13; 98-651, eff. 6-16-14.)
| ||||||
2 | Section 65. The Senior Citizens and Disabled Persons | ||||||
3 | Property Tax Relief Act is amended by changing the title of the | ||||||
4 | Act and Sections 1, 1.5, 2, 3.05a, 3.10, 4, 4.05, 5, 6, 7, 8, | ||||||
5 | 9, 12, and 13 and by adding Section 4.2 as follows:
| ||||||
6 | (320 ILCS 25/Act title)
| ||||||
7 | An Act in relation to the payment of grants to enable the | ||||||
8 | elderly and
the disabled to acquire or retain private housing | ||||||
9 | and to acquire
prescription drugs .
| ||||||
10 | (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
| ||||||
11 | Sec. 1. Short title; common name. This Article shall be | ||||||
12 | known and may be cited as the Senior Citizens and
Persons with | ||||||
13 | Disabilities Property Tax Relief
and Pharmaceutical Assistance | ||||||
14 | Act. Common references to the "Circuit Breaker Act" mean this | ||||||
15 | Article. As used in this Article, "this Act" means this | ||||||
16 | Article.
| ||||||
17 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
18 | (320 ILCS 25/1.5) | ||||||
19 | Sec. 1.5. Implementation of Executive Order No. 3 of 2004 ; | ||||||
20 | termination of the Illinois Senior Citizens and Disabled | ||||||
21 | Persons Pharmaceutical Assistance Program . Executive Order No. | ||||||
22 | 3 of 2004, in part, provided for the
transfer of the programs |
| |||||||
| |||||||
1 | under this Act from the Department of
Revenue to the | ||||||
2 | Department on Aging and the Department of
Healthcare and | ||||||
3 | Family Services. It is the purpose of this
amendatory Act of | ||||||
4 | the 96th General Assembly to conform this Act
and certain | ||||||
5 | related provisions of other statutes to that
Executive Order. | ||||||
6 | This amendatory Act of the 96th General
Assembly also makes | ||||||
7 | other substantive changes
to this Act.
| ||||||
8 | It is the purpose of this amendatory Act of the 97th | ||||||
9 | General Assembly to terminate the Illinois Senior Citizens and | ||||||
10 | Disabled Persons Pharmaceutical Assistance Program on July 1, | ||||||
11 | 2012. | ||||||
12 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
13 | (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
| ||||||
14 | Sec. 2. Purpose. The purpose of this Act is to provide | ||||||
15 | incentives to senior citizens
and persons with disabilities in | ||||||
16 | this State to acquire and retain private housing of
their | ||||||
17 | choice and at the same time to relieve those citizens from the
| ||||||
18 | burdens of extraordinary property taxes and rising drug costs | ||||||
19 | against their increasingly
restricted earning power, and | ||||||
20 | thereby to reduce the requirements for public
housing in this | ||||||
21 | State.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
23 | (320 ILCS 25/3.05a) | ||||||
24 | Sec. 3.05a. Additional resident. "Additional resident"
|
| |||||||
| |||||||
1 | means a person who (i) is living in the same residence with a
| ||||||
2 | claimant for the claim year and at the time of filing the
| ||||||
3 | claim, (ii) is not the spouse of the claimant, (iii) does not
| ||||||
4 | file a separate claim under this Act for the same period, and
| ||||||
5 | (iv) receives more than half of his or her total financial
| ||||||
6 | support for that claim year from the household. An Prior to | ||||||
7 | July 1, 2012, an additional resident who meets qualifications | ||||||
8 | may receive pharmaceutical assistance based on a claimant's | ||||||
9 | application.
| ||||||
10 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
11 | (320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
| ||||||
12 | Sec. 3.10. Regulations. "Regulations" includes both rules | ||||||
13 | promulgated and forms prescribed by the applicable
Department. | ||||||
14 | In this Act, references to the rules of the Department on Aging
| ||||||
15 | or the Department of Healthcare and Family Services , in effect | ||||||
16 | prior to July 1, 2012, shall be
deemed to include, in | ||||||
17 | appropriate cases, the corresponding
rules adopted by the | ||||||
18 | Department of Revenue, to the extent that
those rules continue | ||||||
19 | in force under Executive Order No. 3 of
2004.
| ||||||
20 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
21 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
| ||||||
22 | Sec. 4. Amount of Grant.
| ||||||
23 | (a) In general. Any individual 65 years or older or any | ||||||
24 | individual who will
become 65 years old during the calendar |
| |||||||
| |||||||
1 | year in which a claim is filed, and any
surviving spouse of | ||||||
2 | such a claimant, who at the time of death received or was
| ||||||
3 | entitled to receive a grant pursuant to this Section, which | ||||||
4 | surviving spouse
will become 65 years of age within the 24 | ||||||
5 | months immediately following the
death of such claimant and | ||||||
6 | which surviving spouse but for his or her age is
otherwise | ||||||
7 | qualified to receive a grant pursuant to this Section, and any
| ||||||
8 | person with a disability whose annual household income is less | ||||||
9 | than the income eligibility limitation, as defined in | ||||||
10 | subsection (a-5)
and whose household is liable for payment of | ||||||
11 | property taxes accrued or has
paid rent constituting property | ||||||
12 | taxes accrued and is domiciled in this State
at the time he or | ||||||
13 | she files his or her claim is entitled to claim a
grant under | ||||||
14 | this Act.
With respect to claims filed by individuals who will | ||||||
15 | become 65 years old
during the calendar year in which a claim | ||||||
16 | is filed, the amount of any grant
to which that household is | ||||||
17 | entitled shall be an amount equal to 1/12 of the
amount to | ||||||
18 | which the claimant would otherwise be entitled as provided in
| ||||||
19 | this Section, multiplied by the number of months in which the | ||||||
20 | claimant was
65 in the calendar year in which the claim is | ||||||
21 | filed.
| ||||||
22 | (a-5) Income eligibility limitation. For purposes of this | ||||||
23 | Section, "income eligibility limitation" means an amount for | ||||||
24 | grant years 2008 through 2019: | ||||||
25 | (1) less than $22,218 for a household containing one | ||||||
26 | person; |
| |||||||
| |||||||
1 | (2) less than $29,480 for a household containing 2 | ||||||
2 | persons; or | ||||||
3 | (3) less than $36,740 for a
household containing 3 or | ||||||
4 | more persons. | ||||||
5 | For grant years 2020 and thereafter: | ||||||
6 | (1) less than $33,562 for a household containing one | ||||||
7 | person; | ||||||
8 | (2) less than $44,533 for a household containing 2 | ||||||
9 | persons; or | ||||||
10 | (3) less than $55,500 for a household containing 3 or | ||||||
11 | more persons. | ||||||
12 | For 2009 claim year applications submitted during calendar | ||||||
13 | year 2010, a household must have annual household income of | ||||||
14 | less than $27,610 for a household containing one person; less | ||||||
15 | than $36,635 for a household containing 2 persons; or less | ||||||
16 | than $45,657 for a household containing 3 or more persons. | ||||||
17 | The Department on Aging may adopt rules such that on | ||||||
18 | January 1, 2011, and thereafter, the foregoing household | ||||||
19 | income eligibility limits may be changed to reflect the annual | ||||||
20 | cost of living adjustment in Social Security and Supplemental | ||||||
21 | Security Income benefits that are applicable to the year for | ||||||
22 | which those benefits are being reported as income on an | ||||||
23 | application. | ||||||
24 | If a person files as a surviving spouse, then only his or | ||||||
25 | her income shall be counted in determining his or her | ||||||
26 | household income. |
| |||||||
| |||||||
1 | (b) Limitation. Except as otherwise provided in | ||||||
2 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
3 | grant which a claimant is
entitled to claim is the amount by | ||||||
4 | which the property taxes accrued which
were paid or payable | ||||||
5 | during the last preceding tax year or rent
constituting | ||||||
6 | property taxes accrued upon the claimant's residence for the
| ||||||
7 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
8 | household
income for that year but in no event is the grant to | ||||||
9 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
10 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
11 | household income for that year is more than
$14,000.
| ||||||
12 | (c) Public aid recipients. If household income in one or | ||||||
13 | more
months during a year includes cash assistance in excess | ||||||
14 | of $55 per month
from the Department of Healthcare and Family | ||||||
15 | Services or the Department of Human Services (acting
as | ||||||
16 | successor to the Department of Public Aid under the Department | ||||||
17 | of Human
Services Act) which was determined under regulations | ||||||
18 | of
that Department on a measure of need that included an | ||||||
19 | allowance for actual
rent or property taxes paid by the | ||||||
20 | recipient of that assistance, the amount
of grant to which | ||||||
21 | that household is entitled, except as otherwise provided in
| ||||||
22 | subsection (a), shall be the product of (1) the maximum amount | ||||||
23 | computed as
specified in subsection (b) of this Section and | ||||||
24 | (2) the ratio of the number of
months in which household income | ||||||
25 | did not include such cash assistance over $55
to the number | ||||||
26 | twelve. If household income did not include such cash |
| |||||||
| |||||||
1 | assistance
over $55 for any months during the year, the amount | ||||||
2 | of the grant to which the
household is entitled shall be the | ||||||
3 | maximum amount computed as specified in
subsection (b) of this | ||||||
4 | Section. For purposes of this paragraph (c), "cash
assistance" | ||||||
5 | does not include any amount received under the federal | ||||||
6 | Supplemental
Security Income (SSI) program.
| ||||||
7 | (d) Joint ownership. If title to the residence is held | ||||||
8 | jointly by
the claimant with a person who is not a member of | ||||||
9 | his or her household,
the amount of property taxes accrued | ||||||
10 | used in computing the amount of grant
to which he or she is | ||||||
11 | entitled shall be the same percentage of property
taxes | ||||||
12 | accrued as is the percentage of ownership held by the claimant | ||||||
13 | in the
residence.
| ||||||
14 | (e) More than one residence. If a claimant has occupied | ||||||
15 | more than
one residence in the taxable year, he or she may | ||||||
16 | claim only one residence
for any part of a month. In the case | ||||||
17 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
18 | total property taxes accrued on
his or her residence to each | ||||||
19 | month that he or she owned and occupied
that residence; and, in | ||||||
20 | the case of rent constituting property taxes accrued,
shall | ||||||
21 | prorate each month's rent payments to the residence
actually | ||||||
22 | occupied during that month.
| ||||||
23 | (f) (Blank).
| ||||||
24 | (g) Effective January 1, 2006, there is hereby established | ||||||
25 | a program of pharmaceutical assistance to the aged and to | ||||||
26 | persons with disabilities, entitled the Illinois Seniors and |
| |||||||
| |||||||
1 | Disabled Drug Coverage Program, which shall be administered by | ||||||
2 | the Department of Healthcare and Family Services and the | ||||||
3 | Department on Aging in accordance with this subsection, to | ||||||
4 | consist of coverage of specified prescription drugs on behalf | ||||||
5 | of beneficiaries of the program as set forth in this | ||||||
6 | subsection. Notwithstanding any provisions of this Act to the | ||||||
7 | contrary, on and after July 1, 2012, pharmaceutical assistance | ||||||
8 | under this Act shall no longer be provided, and on July 1, 2012 | ||||||
9 | the Illinois Senior Citizens and Disabled Persons | ||||||
10 | Pharmaceutical Assistance Program shall terminate. The | ||||||
11 | following provisions that concern the Illinois Senior Citizens | ||||||
12 | and Disabled Persons Pharmaceutical Assistance Program shall | ||||||
13 | continue to apply on and after July 1, 2012 to the extent | ||||||
14 | necessary to pursue any actions authorized by subsection (d) | ||||||
15 | of Section 9 of this Act with respect to acts which took place | ||||||
16 | prior to July 1, 2012. | ||||||
17 | To become a beneficiary under the program established | ||||||
18 | under this subsection, a person must: | ||||||
19 | (1) be (i) 65 years of age or older or (ii) a person | ||||||
20 | with a disability; and | ||||||
21 | (2) be domiciled in this State; and | ||||||
22 | (3) enroll with a qualified Medicare Part D | ||||||
23 | Prescription Drug Plan if eligible and apply for all | ||||||
24 | available subsidies under Medicare Part D; and | ||||||
25 | (4) for the 2006 and 2007 claim years, have a maximum | ||||||
26 | household income of (i) less than $21,218 for a household |
| |||||||
| |||||||
1 | containing one person, (ii) less than $28,480 for a | ||||||
2 | household containing 2 persons, or (iii) less than $35,740 | ||||||
3 | for a household containing 3 or more persons; and | ||||||
4 | (5) for the 2008 claim year, have a maximum household | ||||||
5 | income of (i) less than $22,218 for a household containing | ||||||
6 | one person, (ii) $29,480 for a household containing 2 | ||||||
7 | persons, or (iii) $36,740 for a household containing 3 or | ||||||
8 | more persons; and | ||||||
9 | (6) for 2009 claim year applications submitted during | ||||||
10 | calendar year 2010, have annual household income of less | ||||||
11 | than (i) $27,610 for a household containing one person; | ||||||
12 | (ii) less than $36,635 for a household containing 2 | ||||||
13 | persons; or (iii) less than $45,657 for a household | ||||||
14 | containing 3 or more persons; and | ||||||
15 | (7) as of September 1, 2011, have a maximum household | ||||||
16 | income at or below 200% of the federal poverty level. | ||||||
17 | All individuals enrolled as of December 31, 2005, in the | ||||||
18 | pharmaceutical assistance program operated pursuant to | ||||||
19 | subsection (f) of this Section and all individuals enrolled as | ||||||
20 | of December 31, 2005, in the SeniorCare Medicaid waiver | ||||||
21 | program operated pursuant to Section 5-5.12a of the Illinois | ||||||
22 | Public Aid Code shall be automatically enrolled in the program | ||||||
23 | established by this subsection for the first year of operation | ||||||
24 | without the need for further application, except that they | ||||||
25 | must apply for Medicare Part D and the Low Income Subsidy under | ||||||
26 | Medicare Part D. A person enrolled in the pharmaceutical |
| |||||||
| |||||||
1 | assistance program operated pursuant to subsection (f) of this | ||||||
2 | Section as of December 31, 2005, shall not lose eligibility in | ||||||
3 | future years due only to the fact that they have not reached | ||||||
4 | the age of 65. | ||||||
5 | To the extent permitted by federal law, the Department may | ||||||
6 | act as an authorized representative of a beneficiary in order | ||||||
7 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
8 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
9 | where possible, to enroll beneficiaries in the low-income | ||||||
10 | subsidy program under Medicare Part D or assist them in | ||||||
11 | enrolling in that program. | ||||||
12 | Beneficiaries under the program established under this | ||||||
13 | subsection shall be divided into the following 4 eligibility | ||||||
14 | groups: | ||||||
15 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
16 | who are not eligible for Medicare Part D coverage and who
| ||||||
17 | are: | ||||||
18 | (i) a person with a disability and under age 65; or | ||||||
19 | (ii) age 65 or older, with incomes over 200% of the | ||||||
20 | Federal Poverty Level; or | ||||||
21 | (iii) age 65 or older, with incomes at or below | ||||||
22 | 200% of the Federal Poverty Level and not eligible for | ||||||
23 | federally funded means-tested benefits due to | ||||||
24 | immigration status. | ||||||
25 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
26 | who are eligible for Medicare Part D coverage. |
| |||||||
| |||||||
1 | (C) Eligibility Group 3 shall consist of beneficiaries | ||||||
2 | age 65 or older, with incomes at or below 200% of the | ||||||
3 | Federal Poverty Level, who are not barred from receiving | ||||||
4 | federally funded means-tested benefits due to immigration | ||||||
5 | status and are not eligible for Medicare Part D coverage. | ||||||
6 | If the State applies and receives federal approval for | ||||||
7 | a waiver under Title XIX of the Social Security Act, | ||||||
8 | persons in Eligibility Group 3 shall continue to receive | ||||||
9 | benefits through the approved waiver, and Eligibility | ||||||
10 | Group 3 may be expanded to include persons with | ||||||
11 | disabilities who are under age 65 with incomes under 200% | ||||||
12 | of the Federal Poverty Level who are not eligible for | ||||||
13 | Medicare and who are not barred from receiving federally | ||||||
14 | funded means-tested benefits due to immigration status. | ||||||
15 | (D) Eligibility Group 4 shall consist of beneficiaries | ||||||
16 | who are otherwise described in Eligibility Group 2 who | ||||||
17 | have a diagnosis of HIV or AIDS.
| ||||||
18 | The program established under this subsection shall cover | ||||||
19 | the cost of covered prescription drugs in excess of the | ||||||
20 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
21 | that are not covered by Medicare. The Department of Healthcare | ||||||
22 | and Family Services may establish by emergency rule changes in | ||||||
23 | cost-sharing necessary to conform the cost of the program to | ||||||
24 | the amounts appropriated for State fiscal year 2012 and future | ||||||
25 | fiscal years except that the 24-month limitation on the | ||||||
26 | adoption of emergency rules and the provisions of Sections |
| |||||||
| |||||||
1 | 5-115 and 5-125 of the Illinois Administrative Procedure Act | ||||||
2 | shall not apply to rules adopted under this subsection (g). | ||||||
3 | The adoption of emergency rules authorized by this subsection | ||||||
4 | (g) shall be deemed to be necessary for the public interest, | ||||||
5 | safety, and welfare.
| ||||||
6 | For purposes of the program established under this | ||||||
7 | subsection, the term "covered prescription drug" has the | ||||||
8 | following meanings: | ||||||
9 | For Eligibility Group 1, "covered prescription drug" | ||||||
10 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
11 | insulin or other prescription drug used in the treatment | ||||||
12 | of diabetes, including syringe and needles used to | ||||||
13 | administer the insulin; (3) any prescription drug used in | ||||||
14 | the treatment of arthritis; (4) any prescription drug used | ||||||
15 | in the treatment of cancer; (5) any prescription drug used | ||||||
16 | in the treatment of Alzheimer's disease; (6) any | ||||||
17 | prescription drug used in the treatment of Parkinson's | ||||||
18 | disease; (7) any prescription drug used in the treatment | ||||||
19 | of glaucoma; (8) any prescription drug used in the | ||||||
20 | treatment of lung disease and smoking-related illnesses; | ||||||
21 | (9) any prescription drug used in the treatment of | ||||||
22 | osteoporosis; and (10) any prescription drug used in the | ||||||
23 | treatment of multiple sclerosis. The Department may add | ||||||
24 | additional therapeutic classes by rule. The Department may | ||||||
25 | adopt a preferred drug list within any of the classes of | ||||||
26 | drugs described in items (1) through (10) of this |
| |||||||
| |||||||
1 | paragraph. The specific drugs or therapeutic classes of | ||||||
2 | covered prescription drugs shall be indicated by rule. | ||||||
3 | For Eligibility Group 2, "covered prescription drug" | ||||||
4 | means those drugs covered by the Medicare Part D | ||||||
5 | Prescription Drug Plan in which the beneficiary is | ||||||
6 | enrolled. | ||||||
7 | For Eligibility Group 3, "covered prescription drug" | ||||||
8 | means those drugs covered by the Medical Assistance | ||||||
9 | Program under Article V of the Illinois Public Aid Code. | ||||||
10 | For Eligibility Group 4, "covered prescription drug" | ||||||
11 | means those drugs covered by the Medicare Part D | ||||||
12 | Prescription Drug Plan in which the beneficiary is | ||||||
13 | enrolled. | ||||||
14 | Any person otherwise eligible for pharmaceutical | ||||||
15 | assistance under this subsection whose covered drugs are | ||||||
16 | covered by any public program is ineligible for assistance | ||||||
17 | under this subsection to the extent that the cost of those | ||||||
18 | drugs is covered by the other program. | ||||||
19 | The Department of Healthcare and Family Services shall | ||||||
20 | establish by rule the methods by which it will provide for the | ||||||
21 | coverage called for in this subsection. Those methods may | ||||||
22 | include direct reimbursement to pharmacies or the payment of a | ||||||
23 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
24 | For a pharmacy to be reimbursed under the program | ||||||
25 | established under this subsection, it must comply with rules | ||||||
26 | adopted by the Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | regarding coordination of benefits with Medicare Part D | ||||||
2 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
3 | Medicare-enrolled beneficiary of the program established under | ||||||
4 | this subsection more for a covered prescription drug than the | ||||||
5 | appropriate Medicare cost-sharing less any payment from or on | ||||||
6 | behalf of the Department of Healthcare and Family Services. | ||||||
7 | The Department of Healthcare and Family Services or the | ||||||
8 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
9 | applications, counting of income, proof of Medicare status, | ||||||
10 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
11 | and any other rules necessary for the cost-efficient operation | ||||||
12 | of the program established under this subsection. | ||||||
13 | (h) A qualified individual is not entitled to duplicate
| ||||||
14 | benefits in a coverage period as a result of the changes made
| ||||||
15 | by this amendatory Act of the 96th General Assembly.
| ||||||
16 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
17 | (320 ILCS 25/4.05) | ||||||
18 | Sec. 4.05. Application. | ||||||
19 | (a) The Department on Aging shall establish the content,
| ||||||
20 | required eligibility and identification information, use of
| ||||||
21 | social security numbers, and manner of applying for benefits | ||||||
22 | in a simplified format
under this Act , including claims filed | ||||||
23 | for
new or renewed prescription drug benefits . | ||||||
24 | (b) An application may be filed on paper or over the | ||||||
25 | Internet to enable persons to apply separately
or for both a |
| |||||||
| |||||||
1 | property tax relief grant and pharmaceutical
assistance on the | ||||||
2 | same application. An application may also
enable persons to | ||||||
3 | apply for other State or federal programs
that provide medical | ||||||
4 | or pharmaceutical assistance or other
benefits, as determined | ||||||
5 | by the Department on Aging in
conjunction with the Department | ||||||
6 | of Healthcare and Family
Services . | ||||||
7 | (c) Applications must be filed during the time period
| ||||||
8 | prescribed by the Department.
| ||||||
9 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
10 | (320 ILCS 25/4.2 new) | ||||||
11 | Sec. 4.2. Information to the Department. Notwithstanding | ||||||
12 | any other law to the contrary, entities
subject to the | ||||||
13 | Illinois Insurance Code, Comprehensive Health
Insurance Plan | ||||||
14 | Act, Dental Service Plan Act, Children's
Health Insurance | ||||||
15 | Program Act, Health Care Purchasing Group
Act, Health | ||||||
16 | Maintenance Organization Act, Limited Health
Service | ||||||
17 | Organization Act, Voluntary Health Services Plans
Act, and the | ||||||
18 | Workers' Compensation Act, including, but not
limited to, | ||||||
19 | insurers, health maintenance organizations,
pharmacy benefit | ||||||
20 | managers, third party administrators,
fraternal benefit | ||||||
21 | societies, group-funded workers'
compensation pools, municipal | ||||||
22 | group-funded pools, self-funded
or self-insured welfare or | ||||||
23 | benefit plans or programs, and any
other entities that provide | ||||||
24 | health coverage through an
employer, union, trade association | ||||||
25 | or other organization or
source, or any other entities, must |
| |||||||
| |||||||
1 | provide information to
the Department, or its designee, that | ||||||
2 | is necessary to carry
out the purposes of this Act, including, | ||||||
3 | but not limited to,
the name, social security number, address, | ||||||
4 | date of birth, and
coverage of their policyholders, their | ||||||
5 | subscribers, or the
beneficiaries of their plans, benefits, or | ||||||
6 | services who
participate in the programs under this Act. The | ||||||
7 | provision of
this information to the Department or its | ||||||
8 | designee is subject
to the confidentiality provisions in | ||||||
9 | Section 8a of this Act.
| ||||||
10 | (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
| ||||||
11 | Sec. 5. Procedure.
| ||||||
12 | (a) In general. Claims must be filed after January 1, on | ||||||
13 | forms prescribed
by the Department. No claim may be filed more | ||||||
14 | than one year after December 31
of the year for which the claim | ||||||
15 | is filed. The pharmaceutical assistance identification
card | ||||||
16 | provided for in subsection (f) of Section 4 shall be valid for | ||||||
17 | a period determined by the Department of Healthcare and Family | ||||||
18 | Services.
| ||||||
19 | (b) Claim is Personal. The right to file a claim under this | ||||||
20 | Act
shall be personal to the claimant and shall not survive his | ||||||
21 | death, but
such right may be exercised on behalf of a claimant | ||||||
22 | by his legal
guardian or attorney-in-fact. If a claimant dies | ||||||
23 | after having filed a
timely claim, the amount thereof shall be | ||||||
24 | disbursed to his surviving spouse
or, if no spouse survives, | ||||||
25 | to his surviving dependent minor children in
equal parts, |
| |||||||
| |||||||
1 | provided the spouse or child, as the case may be, resided with
| ||||||
2 | the claimant at the time he filed his claim. If at the time of | ||||||
3 | disbursement
neither the claimant nor his spouse is surviving, | ||||||
4 | and no dependent minor
children of the claimant are surviving | ||||||
5 | the amount of the claim shall
escheat to the State.
| ||||||
6 | (c) One claim per household. Only one member of a | ||||||
7 | household may file
a claim under this Act in any calendar year; | ||||||
8 | where both members of a
household are otherwise entitled to | ||||||
9 | claim a grant under this Act, they
must agree as to which of | ||||||
10 | them will file a claim for that year.
| ||||||
11 | (d) (Blank).
| ||||||
12 | (e) Pharmaceutical Assistance Procedures.
The Prior to | ||||||
13 | July 1, 2012, the Department of Healthcare and Family Services | ||||||
14 | shall determine eligibility for pharmaceutical assistance | ||||||
15 | using
the applicant's current income. The Department shall | ||||||
16 | determine a person's
current income in the manner provided by | ||||||
17 | the Department by rule.
| ||||||
18 | (f) A person may not under any circumstances charge a fee | ||||||
19 | to a claimant under this Act for assistance in completing an | ||||||
20 | application form for a property tax relief grant or | ||||||
21 | pharmaceutical assistance under this Act. | ||||||
22 | (Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10; | ||||||
23 | 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
| ||||||
24 | (320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
| ||||||
25 | Sec. 6. Administration.
|
| |||||||
| |||||||
1 | (a) In general. Upon receipt of a timely filed claim, the | ||||||
2 | Department
shall determine whether the claimant is a person | ||||||
3 | entitled to a grant under
this Act and the amount of grant to | ||||||
4 | which he is entitled under this Act.
The Department may | ||||||
5 | require the claimant to furnish reasonable proof of the
| ||||||
6 | statements of domicile, household income, rent paid, property | ||||||
7 | taxes accrued
and other matters on which entitlement is based, | ||||||
8 | and may withhold payment
of a grant until such additional | ||||||
9 | proof is furnished.
| ||||||
10 | (b) Rental determination. If the Department finds that the | ||||||
11 | gross rent
used in the computation by a claimant of rent | ||||||
12 | constituting property taxes
accrued exceeds the fair rental | ||||||
13 | value for the right to occupy that
residence, the Department | ||||||
14 | may determine the fair rental value for that
residence and | ||||||
15 | recompute rent constituting property taxes accrued | ||||||
16 | accordingly.
| ||||||
17 | (c) Fraudulent claims. The Department shall deny claims | ||||||
18 | which have been
fraudulently prepared or when it finds that | ||||||
19 | the claimant has acquired title
to his residence or has paid | ||||||
20 | rent for his residence primarily for the
purpose of receiving | ||||||
21 | a grant under this Act.
| ||||||
22 | (d) Pharmaceutical Assistance.
The Department shall allow | ||||||
23 | all pharmacies licensed under the Pharmacy
Practice Act to | ||||||
24 | participate as authorized pharmacies unless they
have been | ||||||
25 | removed from that status for cause pursuant to the terms of | ||||||
26 | this
Section. The Director of the Department may enter
into a |
| |||||||
| |||||||
1 | written contract with any State agency, instrumentality or | ||||||
2 | political
subdivision, or a fiscal intermediary for the | ||||||
3 | purpose of making payments to
authorized pharmacies for | ||||||
4 | covered prescription drugs and coordinating the
program of | ||||||
5 | pharmaceutical assistance established by this Act with other
| ||||||
6 | programs that provide payment for covered prescription drugs. | ||||||
7 | Such
agreement shall establish procedures for properly | ||||||
8 | contracting for pharmacy
services, validating reimbursement | ||||||
9 | claims, validating compliance of
dispensing pharmacists with | ||||||
10 | the contracts for participation required under
this Section, | ||||||
11 | validating the reasonable costs of covered prescription
drugs, | ||||||
12 | and otherwise providing for the effective administration of | ||||||
13 | this Act. (Blank).
| ||||||
14 | The Department shall promulgate rules and regulations to | ||||||
15 | implement and
administer the program of pharmaceutical | ||||||
16 | assistance required by this Act,
which shall include the | ||||||
17 | following:
| ||||||
18 | (1) Execution of contracts with pharmacies to dispense | ||||||
19 | covered
prescription drugs. Such contracts shall stipulate | ||||||
20 | terms and conditions for
authorized pharmacies | ||||||
21 | participation and the rights of the State to
terminate | ||||||
22 | such participation for breach of such contract or for | ||||||
23 | violation
of this Act or related rules and regulations of | ||||||
24 | the Department;
| ||||||
25 | (2) Establishment of maximum limits on the size of | ||||||
26 | prescriptions,
new or refilled, which shall be in amounts |
| |||||||
| |||||||
1 | sufficient for 34 days, except as
otherwise specified by | ||||||
2 | rule for medical or utilization control reasons;
| ||||||
3 | (3) Establishment of liens upon any and all causes of | ||||||
4 | action which accrue
to
a beneficiary as a result of | ||||||
5 | injuries for which covered prescription drugs are
directly | ||||||
6 | or indirectly required and for which the Director made | ||||||
7 | payment
or became liable for under this Act;
| ||||||
8 | (4) Charge or collection of payments from third | ||||||
9 | parties or private plans
of assistance, or from other | ||||||
10 | programs of public assistance for any claim
that is | ||||||
11 | properly chargeable under the assignment of benefits | ||||||
12 | executed by
beneficiaries as a requirement of eligibility | ||||||
13 | for the pharmaceutical
assistance identification card | ||||||
14 | under this Act; | ||||||
15 | (4.5) Provision for automatic enrollment of | ||||||
16 | beneficiaries into a Medicare Discount Card program | ||||||
17 | authorized under the federal Medicare Modernization Act of | ||||||
18 | 2003 (P.L. 108-391) to coordinate coverage including | ||||||
19 | Medicare Transitional Assistance;
| ||||||
20 | (5) Inspection of appropriate records and audit of | ||||||
21 | participating
authorized pharmacies to ensure contract | ||||||
22 | compliance, and to determine any
fraudulent transactions | ||||||
23 | or practices under this Act;
| ||||||
24 | (6) Payment to pharmacies under this Act in accordance | ||||||
25 | with the State
Prompt Payment Act.
| ||||||
26 | The Department shall annually report to the Governor and |
| |||||||
| |||||||
1 | the General
Assembly by March 1st of each year on the | ||||||
2 | administration of pharmaceutical
assistance under this Act. | ||||||
3 | (Source: P.A. 96-328, eff. 8-11-09; 97-333, eff. 8-12-11; | ||||||
4 | 97-689, eff. 6-14-12.)
| ||||||
5 | (320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
| ||||||
6 | Sec. 7. Payment and denial of claims. | ||||||
7 | (a) In general. The Director shall order the payment from | ||||||
8 | appropriations
made for that purpose of grants to claimants | ||||||
9 | under this Act in the amounts
to which the Department has | ||||||
10 | determined they are entitled, respectively. If
a claim is | ||||||
11 | denied, the Director shall cause written notice of that denial
| ||||||
12 | and the reasons for that denial to be sent to the claimant.
| ||||||
13 | (b) Payment of claims one dollar and under. Where the | ||||||
14 | amount of the
grant computed under Section 4 is less than one | ||||||
15 | dollar, the Department
shall pay to the claimant one dollar.
| ||||||
16 | (c) Right to appeal. Any person aggrieved by an action or | ||||||
17 | determination of
the Department on Aging arising under any of | ||||||
18 | its powers or
duties under this Act may request in writing that | ||||||
19 | the
Department on Aging reconsider its action or | ||||||
20 | determination,
setting out the facts upon which the request is | ||||||
21 | based. The
Department on Aging shall consider the request and | ||||||
22 | either
modify or affirm its prior action or determination. The
| ||||||
23 | Department on Aging may adopt, by rule, procedures for | ||||||
24 | conducting
its review under this Section.
| ||||||
25 | Any person aggrieved by an action or determination of
the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services arising under
any | ||||||
2 | of its powers or duties under this Act may request in
writing | ||||||
3 | that the Department of Healthcare and Family Services
| ||||||
4 | reconsider its action or determination, setting out the facts
| ||||||
5 | upon which the request is based. The Department of Healthcare
| ||||||
6 | and Family Services shall consider the request and either
| ||||||
7 | modify or affirm its prior action or determination. The
| ||||||
8 | Department of Healthcare and Family Services may adopt, by | ||||||
9 | rule,
procedures for conducting its review under this Section. | ||||||
10 | (d) (Blank).
| ||||||
11 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
12 | (320 ILCS 25/8) (from Ch. 67 1/2, par. 408)
| ||||||
13 | Sec. 8. Records. Every claimant of a grant under this Act | ||||||
14 | and , prior to July 1, 2012, every applicant for pharmaceutical | ||||||
15 | assistance under this Act shall keep such records, render
such | ||||||
16 | statements, file such forms and comply with such rules and | ||||||
17 | regulations
as the Department on Aging may from time to time | ||||||
18 | prescribe. The Department on Aging may by
regulations require | ||||||
19 | landlords to furnish to tenants statements as to gross
rent or | ||||||
20 | rent constituting property taxes accrued.
| ||||||
21 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
22 | (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| ||||||
23 | Sec. 9. Fraud; error. | ||||||
24 | (a) Any person who files a fraudulent claim
for a grant |
| |||||||
| |||||||
1 | under this Act, or who for compensation prepares a claim
for a | ||||||
2 | grant and
knowingly enters false information on an application | ||||||
3 | for any claimant under
this Act, or who fraudulently files | ||||||
4 | multiple applications, or who
fraudulently states that a | ||||||
5 | person without a disability is a person with a disability, or | ||||||
6 | who , prior to July 1, 2012, fraudulently procures | ||||||
7 | pharmaceutical assistance benefits, or
who fraudulently uses | ||||||
8 | such assistance to procure covered prescription drugs, or
who, | ||||||
9 | on behalf of an authorized pharmacy, files a fraudulent | ||||||
10 | request for payment, is
guilty of a Class 4 felony for the | ||||||
11 | first offense and is guilty of a Class 3
felony for each | ||||||
12 | subsequent offense. | ||||||
13 | (b) The Department on Aging and the Department of | ||||||
14 | Healthcare and Family Services shall immediately
suspend the | ||||||
15 | pharmaceutical assistance benefits of any
person suspected of | ||||||
16 | fraudulent procurement or fraudulent use of such assistance,
| ||||||
17 | and shall revoke such assistance upon a conviction. A person | ||||||
18 | convicted of
fraud under subsection (a) shall be permanently | ||||||
19 | barred from all of the programs established under this Act. | ||||||
20 | (Blank). | ||||||
21 | (c) The Department on Aging may recover from a
claimant | ||||||
22 | any amount paid to that claimant under this
Act on account of | ||||||
23 | an erroneous or
fraudulent claim, together with 6% interest | ||||||
24 | per year. Amounts
recoverable from a claimant by the | ||||||
25 | Department on Aging under
this Act may, but need not, be | ||||||
26 | recovered by offsetting the
amount owed against any future |
| |||||||
| |||||||
1 | grant payable to the person
under this Act. | ||||||
2 | The Department of Healthcare and Family Services may
| ||||||
3 | recover for acts prior to July 1, 2012 from an authorized | ||||||
4 | pharmacy any amount paid to that
pharmacy under the | ||||||
5 | pharmaceutical assistance program on
account of an erroneous | ||||||
6 | or fraudulent request for payment under
that program, together | ||||||
7 | with 6% interest per year. The
Department of Healthcare and | ||||||
8 | Family Services may recover from a
person who erroneously or | ||||||
9 | fraudulently obtains benefits under
the pharmaceutical | ||||||
10 | assistance program the value of the benefits
so obtained, | ||||||
11 | together with 6% interest per year. | ||||||
12 | (d) A prosecution for
a violation of this Section may be | ||||||
13 | commenced at any time within 3 years
of the commission of that | ||||||
14 | violation.
| ||||||
15 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
16 | (320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
| ||||||
17 | Sec. 12. Regulations - Department on Aging.
| ||||||
18 | (a) Regulations. Notwithstanding any other provision to | ||||||
19 | the contrary,
the Department on Aging may adopt rules | ||||||
20 | regarding applications,
proof of eligibility, required | ||||||
21 | identification information, use
of social security numbers, | ||||||
22 | counting of income, and a method of
computing "gross rent" in | ||||||
23 | the case of a claimant living in a
nursing or sheltered care | ||||||
24 | home, and any other rules necessary
for the cost-efficient | ||||||
25 | operation of the program established
under Section 4.
|
| |||||||
| |||||||
1 | (b) The Department on Aging shall, to the extent of | ||||||
2 | appropriations made
for that purpose:
| ||||||
3 | (1) attempt to secure the cooperation of appropriate | ||||||
4 | federal, State and
local agencies in securing the names | ||||||
5 | and addresses of persons to whom this
Act pertains;
| ||||||
6 | (2) prepare a mailing list of persons eligible for | ||||||
7 | grants under this Act;
| ||||||
8 | (3) secure the cooperation of the Department of | ||||||
9 | Revenue, the Department of Healthcare and Family Services, | ||||||
10 | other State agencies, and local
business establishments to | ||||||
11 | facilitate distribution of applications
under this Act to | ||||||
12 | those eligible to file claims; and
| ||||||
13 | (4) through use of direct mail, newspaper | ||||||
14 | advertisements and radio and
television advertisements, | ||||||
15 | and all other appropriate means of
communication, conduct | ||||||
16 | an on-going public relations program to increase
awareness | ||||||
17 | of eligible citizens of the benefits under this Act and | ||||||
18 | the
procedures for applying for them.
| ||||||
19 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
20 | (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
| ||||||
21 | Sec. 13. List of persons who have qualified. The | ||||||
22 | Department on Aging shall maintain a list of all
persons who | ||||||
23 | have qualified under this Act and shall make the list
| ||||||
24 | available to the Department of Healthcare and Family Services, | ||||||
25 | the Department of Public Health, the Secretary of State, |
| |||||||
| |||||||
1 | municipalities, and public transit authorities upon request.
| ||||||
2 | All information received by a State agency, municipality, | ||||||
3 | or public transit authority under this Section
shall be | ||||||
4 | confidential, except for official purposes, and any
person who | ||||||
5 | divulges or uses that information in any manner,
except in | ||||||
6 | accordance with a proper judicial order, shall be
guilty of a | ||||||
7 | Class B misdemeanor.
| ||||||
8 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
9 | Section 70. The Senior Citizens Real Estate Tax Deferral | ||||||
10 | Act is amended by changing Sections 2 and 8 as follows:
| ||||||
11 | (320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
| ||||||
12 | Sec. 2. Definitions. As used in this Act:
| ||||||
13 | (a) "Taxpayer" means an individual whose household income | ||||||
14 | for the year
is no greater than: (i) $40,000 through tax year | ||||||
15 | 2005; (ii) $50,000 for tax years 2006 through 2011; and (iii) | ||||||
16 | $55,000 for tax year 2012 and thereafter.
| ||||||
17 | (b) "Tax deferred property" means the property upon which | ||||||
18 | real
estate taxes are deferred under this Act.
| ||||||
19 | (c) "Homestead" means the land and buildings thereon, | ||||||
20 | including a
condominium or a dwelling unit in a multidwelling | ||||||
21 | building that is owned and
operated as a cooperative, occupied | ||||||
22 | by the taxpayer as his residence or which
are temporarily | ||||||
23 | unoccupied by the taxpayer because such taxpayer is | ||||||
24 | temporarily
residing, for not more than 1 year, in a licensed |
| |||||||
| |||||||
1 | facility as defined in
Section 1-113 of the Nursing Home Care | ||||||
2 | Act.
| ||||||
3 | (d) "Real estate taxes" or "taxes" means the taxes on real | ||||||
4 | property for
which the taxpayer would be liable under the | ||||||
5 | Property Tax Code, including special service area taxes, and | ||||||
6 | special assessments on
benefited real property for which the | ||||||
7 | taxpayer would be liable to a unit of
local government.
| ||||||
8 | (e) "Department" means the Department of Revenue.
| ||||||
9 | (f) "Qualifying property" means a homestead which (a) the | ||||||
10 | taxpayer or the
taxpayer and his spouse own in fee simple or | ||||||
11 | are purchasing in fee simple under
a recorded instrument of | ||||||
12 | sale, (b) is not income-producing property, (c) is not
subject | ||||||
13 | to a lien for unpaid real estate taxes when a claim under this | ||||||
14 | Act is
filed, and (d) is not held in trust, other than an | ||||||
15 | Illinois land trust with the taxpayer identified as the sole | ||||||
16 | beneficiary, if the taxpayer is filing for the program for the | ||||||
17 | first time effective as of the January 1, 2011 assessment year | ||||||
18 | or tax year 2012 and thereafter.
| ||||||
19 | (g) "Equity interest" means the current assessed valuation | ||||||
20 | of the qualified
property times the fraction necessary to | ||||||
21 | convert that figure to full market
value minus any outstanding | ||||||
22 | debts or liens on that property. In the case of
qualifying | ||||||
23 | property not having a separate assessed valuation, the | ||||||
24 | appraised
value as determined by a qualified real estate | ||||||
25 | appraiser shall be used instead
of the current assessed | ||||||
26 | valuation.
|
| |||||||
| |||||||
1 | (h) "Household income" has the meaning ascribed to that | ||||||
2 | term in the Senior
Citizens and Persons with Disabilities | ||||||
3 | Property Tax Relief
and Pharmaceutical Assistance Act.
| ||||||
4 | (i) "Collector" means the county collector or, if the | ||||||
5 | taxes to be deferred
are special assessments, an official | ||||||
6 | designated by a unit of local government
to collect special | ||||||
7 | assessments.
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
9 | (320 ILCS 30/8) (from Ch. 67 1/2, par. 458)
| ||||||
10 | Sec. 8.
Nothing in this Act (a) affects any provision of
| ||||||
11 | any mortgage or other instrument relating to land requiring a
| ||||||
12 | person to pay real estate taxes or (b) affects the eligibility | ||||||
13 | of any
person to receive any grant pursuant to the " Senior | ||||||
14 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
15 | Pharmaceutical Assistance Act " .
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
17 | Section 75. The Senior Pharmaceutical Assistance Act is | ||||||
18 | amended by changing Section 5 as follows:
| ||||||
19 | (320 ILCS 50/5)
| ||||||
20 | Sec. 5. Findings. The General Assembly finds:
| ||||||
21 | (1) Senior citizens identify pharmaceutical assistance as | ||||||
22 | the single most
critical factor to their health, well-being, | ||||||
23 | and continued independence.
|
| |||||||
| |||||||
1 | (2) The State of Illinois currently operates 2 | ||||||
2 | pharmaceutical assistance
programs that benefit seniors: (i) | ||||||
3 | the program of pharmaceutical assistance
under
the Senior | ||||||
4 | Citizens and Persons with Disabilities Property Tax Relief and | ||||||
5 | Pharmaceutical Assistance Act and (ii) the Aid to the Aged, | ||||||
6 | Blind, or Disabled program under
the
Illinois Public Aid Code. | ||||||
7 | The State has been given authority to establish a
third | ||||||
8 | program, SeniorRx Care, through a federal Medicaid waiver.
| ||||||
9 | (3) Each year, numerous pieces of legislation are filed | ||||||
10 | seeking to
establish additional pharmaceutical assistance | ||||||
11 | benefits for seniors or to make
changes to the existing | ||||||
12 | programs.
| ||||||
13 | (4) Establishment of a pharmaceutical assistance review | ||||||
14 | committee will
ensure proper coordination of benefits, | ||||||
15 | diminish the likelihood of duplicative
benefits, and ensure | ||||||
16 | that the best interests of seniors are served.
| ||||||
17 | (5) In addition to the State pharmaceutical assistance | ||||||
18 | programs, several
private entities, such as drug manufacturers | ||||||
19 | and pharmacies, also offer
prescription drug discount or | ||||||
20 | coverage programs.
| ||||||
21 | (6) Many seniors are unaware of the myriad of public and | ||||||
22 | private programs
available to them.
| ||||||
23 | (7) Establishing a pharmaceutical clearinghouse with a | ||||||
24 | toll-free hot-line
and local outreach workers will educate | ||||||
25 | seniors about the vast array of options
available to them and | ||||||
26 | enable seniors to make an educated and informed choice
that is |
| |||||||
| |||||||
1 | best for them.
| ||||||
2 | (8) Estimates indicate that almost one-third of senior | ||||||
3 | citizens lack
prescription drug coverage. The federal | ||||||
4 | government, states, and the
pharmaceutical industry each have | ||||||
5 | a role in helping these uninsured seniors
gain
access to | ||||||
6 | life-saving medications.
| ||||||
7 | (9) The State of Illinois has recognized its obligation to | ||||||
8 | assist
Illinois' neediest seniors in purchasing prescription | ||||||
9 | medications, and it is
now
time for pharmaceutical | ||||||
10 | manufacturers to recognize their obligation to make
their | ||||||
11 | medications affordable to seniors.
| ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
13 | Section 80. The Illinois Vehicle Code is amended by | ||||||
14 | changing Sections 3-609, 3-623, 3-626, 3-667, 3-683, 3-806.3, | ||||||
15 | and 11-1301.2 as follows:
| ||||||
16 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
17 | Sec. 3-609. Plates for veterans with disabilities. | ||||||
18 | (a) Any veteran who holds proof of a service-connected | ||||||
19 | disability from the United States Department of Veterans | ||||||
20 | Affairs, and who has obtained certification from a licensed | ||||||
21 | physician, physician assistant, or advanced practice | ||||||
22 | registered nurse that the service-connected disability | ||||||
23 | qualifies the veteran for issuance of registration plates or | ||||||
24 | digital registration plates or decals to a person with |
| |||||||
| |||||||
1 | disabilities in accordance with Section 3-616, may, without | ||||||
2 | the payment of any registration fee, make application to the | ||||||
3 | Secretary of State for license plates for veterans with | ||||||
4 | disabilities displaying the international symbol of access, | ||||||
5 | for the registration of one motor vehicle of the first | ||||||
6 | division, one motorcycle, or one motor vehicle of the second | ||||||
7 | division weighing not more than 8,000 pounds. | ||||||
8 | (b) Any veteran who holds proof of a service-connected | ||||||
9 | disability from the United States Department of Veterans | ||||||
10 | Affairs, and whose degree of disability has been declared to | ||||||
11 | be 50% or more, but whose disability does not qualify the | ||||||
12 | veteran for a plate or decal for persons with disabilities | ||||||
13 | under Section 3-616, may, without the payment of any | ||||||
14 | registration fee, make application to the Secretary for a | ||||||
15 | special registration plate or digital registration plate | ||||||
16 | without the international symbol of access for the | ||||||
17 | registration of one motor vehicle of the first division, one | ||||||
18 | motorcycle, or one motor vehicle of the second division | ||||||
19 | weighing not more than 8,000 pounds.
| ||||||
20 | (c) Renewal of such registration must be accompanied with | ||||||
21 | documentation
for eligibility of registration without fee | ||||||
22 | unless the applicant has a
permanent qualifying disability, | ||||||
23 | and such registration plates or digital registration plates | ||||||
24 | may not be
issued to any person not eligible therefor. The | ||||||
25 | Illinois Department of Veterans' Affairs may assist in | ||||||
26 | providing the
documentation of disability.
|
| |||||||
| |||||||
1 | (d) The design and color of the plates shall be within the | ||||||
2 | discretion of the Secretary, except that the plates issued | ||||||
3 | under subsection (b) of this Section shall not contain the | ||||||
4 | international symbol of access. The Secretary may, in his or | ||||||
5 | her discretion, allow the plates to be issued as vanity or | ||||||
6 | personalized plates in accordance with Section 3-405.1 of this | ||||||
7 | Code. Registration shall be for a multi-year period and may be | ||||||
8 | issued staggered registration. | ||||||
9 | (e) Any person eligible to receive license plates under | ||||||
10 | this Section who has been approved for benefits under the | ||||||
11 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
12 | Relief and Pharmaceutical Assistance Act, or who has claimed | ||||||
13 | and received a grant under that Act, shall pay a fee of $24 | ||||||
14 | instead of the fee otherwise provided in this Code for | ||||||
15 | passenger cars displaying standard multi-year registration | ||||||
16 | plates or digital registration plates issued under Section | ||||||
17 | 3-414.1, for motor vehicles registered at 8,000 pounds or less | ||||||
18 | under Section 3-815(a), or for recreational vehicles | ||||||
19 | registered at 8,000 pounds or less under Section 3-815(b), for | ||||||
20 | a second set of plates under this Section.
| ||||||
21 | (Source: P.A. 100-513, eff. 1-1-18; 101-395, eff. 8-16-19; | ||||||
22 | 101-536, eff. 1-1-20; revised 9-24-19.)
| ||||||
23 | (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
| ||||||
24 | Sec. 3-623. Purple Heart Plates. | ||||||
25 | (a) The Secretary, upon receipt of an
application made in |
| |||||||
| |||||||
1 | the form prescribed by the Secretary of State, may
issue to | ||||||
2 | recipients awarded the Purple Heart by a branch of the armed
| ||||||
3 | forces of the United States who reside in Illinois,
special
| ||||||
4 | registration plates. The Secretary, upon receipt of the proper | ||||||
5 | application, may also issue these special registration plates | ||||||
6 | to an Illinois resident who is the surviving spouse of a person | ||||||
7 | who was awarded the Purple Heart by a branch of the armed | ||||||
8 | forces of the United States. The special plates issued | ||||||
9 | pursuant to this Section
should be affixed only to passenger | ||||||
10 | vehicles of the 1st division, including
motorcycles, or motor
| ||||||
11 | vehicles of the 2nd division weighing not more than 8,000 | ||||||
12 | pounds. The Secretary may, in his or her discretion, allow the | ||||||
13 | plates to be issued as vanity or personalized plates in | ||||||
14 | accordance with Section 3-405.1 of this Code.
The Secretary of | ||||||
15 | State must make a version of the special registration plates | ||||||
16 | authorized under this Section in a form appropriate for | ||||||
17 | motorcycles.
| ||||||
18 | (b) The design and color of such plates shall be wholly | ||||||
19 | within the discretion
of the Secretary of State. Appropriate | ||||||
20 | documentation, as determined by the
Secretary, and the | ||||||
21 | appropriate registration fee shall
accompany the application, | ||||||
22 | except: | ||||||
23 | (1) a person eligible to be issued Purple Heart plates | ||||||
24 | may display the plates on one vehicle without the payment | ||||||
25 | of any registration or registration renewal fee; and | ||||||
26 | (2) for an individual who has been issued Purple Heart |
| |||||||
| |||||||
1 | plates for an additional
vehicle and who has been approved | ||||||
2 | for benefits under the Senior Citizens and
Persons with | ||||||
3 | Disabilities Property Tax Relief and Pharmaceutical | ||||||
4 | Assistance Act, the annual fee for
the registration of the | ||||||
5 | vehicle shall be as provided in Section 3-806.3 of
this | ||||||
6 | Code.
| ||||||
7 | (Source: P.A. 98-902, eff. 1-1-15; 99-143, eff. 7-27-15.)
| ||||||
8 | (625 ILCS 5/3-626)
| ||||||
9 | Sec. 3-626. Korean War Veteran license plates.
| ||||||
10 | (a) In addition to any other special license plate, the | ||||||
11 | Secretary, upon
receipt of all applicable fees and | ||||||
12 | applications made in the form prescribed by
the Secretary of | ||||||
13 | State, may issue special registration plates designated as
| ||||||
14 | Korean War Veteran license plates to
residents of Illinois who | ||||||
15 | participated in the United States Armed Forces during
the | ||||||
16 | Korean War. The special plate issued under this Section shall | ||||||
17 | be affixed
only to passenger vehicles of the first division, | ||||||
18 | motorcycles,
motor vehicles of the second
division weighing | ||||||
19 | not more than 8,000 pounds, and recreational vehicles as
| ||||||
20 | defined by Section 1-169 of this Code. Plates issued under | ||||||
21 | this Section shall
expire according to the staggered | ||||||
22 | multi-year procedure established by Section
3-414.1 of this | ||||||
23 | Code.
| ||||||
24 | (b) The design, color, and format of the plates shall be | ||||||
25 | wholly
within the discretion of the Secretary of State. The |
| |||||||
| |||||||
1 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
2 | issued as vanity plates or personalized
in accordance with | ||||||
3 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
4 | designate "Land Of Lincoln", as prescribed in subsection (b) | ||||||
5 | of Section
3-412 of this Code. The Secretary shall prescribe | ||||||
6 | the eligibility requirements
and, in his or her discretion, | ||||||
7 | shall approve and prescribe stickers or decals
as provided | ||||||
8 | under Section 3-412.
| ||||||
9 | (c) (Blank).
| ||||||
10 | (d) The Korean War Memorial Construction Fund is created | ||||||
11 | as a special fund
in the State treasury. All moneys in the | ||||||
12 | Korean War Memorial Construction Fund
shall, subject to | ||||||
13 | appropriation, be used by the Department of Veterans' Affairs
| ||||||
14 | to provide grants for construction of the Korean War Memorial | ||||||
15 | to be located at
Oak Ridge Cemetery in Springfield, Illinois. | ||||||
16 | Upon the completion of the
Memorial, the Department of | ||||||
17 | Veterans' Affairs shall certify to the State
Treasurer that | ||||||
18 | the construction of the Memorial has been completed. Upon the
| ||||||
19 | certification by the Department of Veterans' Affairs, the | ||||||
20 | State Treasurer shall
transfer all moneys in the Fund and any | ||||||
21 | future deposits into the Fund into the
Secretary of State | ||||||
22 | Special License Plate
Fund.
| ||||||
23 | (e) An individual who has been issued Korean War Veteran | ||||||
24 | license plates
for a vehicle
and who has been approved for | ||||||
25 | benefits under the Senior Citizens and Persons with | ||||||
26 | Disabilities Property Tax Relief and Pharmaceutical Assistance |
| |||||||
| |||||||
1 | Act shall pay
the original issuance and the regular annual fee | ||||||
2 | for the registration of the
vehicle as provided in Section | ||||||
3 | 3-806.3 of this Code.
| ||||||
4 | (Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
5 | 99-642, eff. 7-28-16; 100-143, eff. 1-1-18 .)
| ||||||
6 | (625 ILCS 5/3-667)
| ||||||
7 | Sec. 3-667. Korean Service license plates. | ||||||
8 | (a) In addition to any other special license plate, the | ||||||
9 | Secretary, upon
receipt of all applicable fees and | ||||||
10 | applications made in the form prescribed by
the Secretary of | ||||||
11 | State, may issue special registration plates designated as
| ||||||
12 | Korean Service license plates to
residents of Illinois who, on | ||||||
13 | or after July 27, 1954, participated in the United States | ||||||
14 | Armed Forces in Korea. The special plate issued under this | ||||||
15 | Section shall be affixed
only to passenger vehicles of the | ||||||
16 | first division, motorcycles,
motor vehicles of the second
| ||||||
17 | division weighing not more than 8,000 pounds, and recreational | ||||||
18 | vehicles as
defined by Section 1-169 of this Code. Plates | ||||||
19 | issued under this Section shall
expire according to the | ||||||
20 | staggered multi-year procedure established by Section
3-414.1 | ||||||
21 | of this Code. | ||||||
22 | (b) The design, color, and format of the plates shall be | ||||||
23 | wholly
within the discretion of the Secretary of State. The | ||||||
24 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
25 | issued as vanity or personalized
plates in accordance with |
| |||||||
| |||||||
1 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
2 | designate "Land of
Lincoln", as prescribed in subsection (b) | ||||||
3 | of Section
3-412 of this Code. The Secretary shall prescribe | ||||||
4 | the eligibility requirements
and, in his or her discretion, | ||||||
5 | shall approve and prescribe stickers or decals
as provided | ||||||
6 | under Section 3-412.
| ||||||
7 | (c) An applicant shall be charged a $2 fee for original | ||||||
8 | issuance
in addition to the applicable registration fee. This | ||||||
9 | additional fee shall be deposited into the Korean War Memorial | ||||||
10 | Construction Fund a special fund in the State treasury.
| ||||||
11 | (d) An individual who has been issued Korean Service | ||||||
12 | license plates
for a vehicle
and who has been approved for | ||||||
13 | benefits under the Senior Citizens and Persons with | ||||||
14 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
15 | Act shall pay
the original issuance and the regular annual fee | ||||||
16 | for the registration of the
vehicle as provided in Section | ||||||
17 | 3-806.3 of this Code in addition to the fees
specified in | ||||||
18 | subsection (c) of this Section.
| ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
20 | (625 ILCS 5/3-683)
| ||||||
21 | Sec. 3-683. Distinguished Service Cross license plates. | ||||||
22 | The Secretary, upon receipt of an
application made in the form | ||||||
23 | prescribed by the Secretary of State, shall
issue special
| ||||||
24 | registration plates to any Illinois resident who has been | ||||||
25 | awarded the Distinguished Service Cross by a branch of the |
| |||||||
| |||||||
1 | armed
forces of the United States. The Secretary, upon receipt | ||||||
2 | of the proper application, shall also issue these special | ||||||
3 | registration plates to an Illinois resident who is the | ||||||
4 | surviving spouse of a person who was awarded the Distinguished | ||||||
5 | Service Cross by a branch of the armed forces of the United | ||||||
6 | States. The special plates issued under this Section
should be | ||||||
7 | affixed only to passenger vehicles of the first division, | ||||||
8 | including
motorcycles, or motor
vehicles of the second | ||||||
9 | division weighing not more than 8,000 pounds. | ||||||
10 | The design and color of the plates shall be wholly within | ||||||
11 | the discretion
of the Secretary of State. Appropriate | ||||||
12 | documentation, as determined by the
Secretary, and the | ||||||
13 | appropriate registration fee shall
accompany the application.
| ||||||
14 | However, for an individual who has been issued Distinguished | ||||||
15 | Service Cross plates for a
vehicle and who has been approved | ||||||
16 | for benefits under the Senior Citizens and
Persons with | ||||||
17 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
18 | Act, the annual fee for
the registration of the vehicle shall | ||||||
19 | be as provided in Section 3-806.3 of
this Code.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
22 | Sec. 3-806.3. Senior citizens.
Commencing with the 2009 | ||||||
23 | registration year, the registration fee paid by
any vehicle | ||||||
24 | owner who has been approved for benefits under the Senior
| ||||||
25 | Citizens and Persons with Disabilities Property Tax Relief
and
|
| |||||||
| |||||||
1 | Pharmaceutical Assistance Act or who is the spouse of such a | ||||||
2 | person shall be $24 instead of the fee
otherwise provided in | ||||||
3 | this Code for passenger cars displaying standard
multi-year | ||||||
4 | registration plates or digital registration plates issued | ||||||
5 | under Section 3-414.1, motor vehicles
displaying special | ||||||
6 | registration plates or digital registration plates issued | ||||||
7 | under Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, | ||||||
8 | 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-663, | ||||||
9 | or 3-699.17, motor vehicles registered at 8,000 pounds or less | ||||||
10 | under Section
3-815(a), and recreational vehicles registered | ||||||
11 | at 8,000 pounds or less under
Section 3-815(b). Widows and | ||||||
12 | widowers of claimants shall also be entitled to
this reduced | ||||||
13 | registration fee for the registration year in which the | ||||||
14 | claimant
was eligible.
| ||||||
15 | Commencing with the 2009 registration year, the | ||||||
16 | registration fee paid by
any vehicle owner who has claimed and | ||||||
17 | received a grant under the Senior
Citizens and Persons with | ||||||
18 | Disabilities Property Tax Relief
and
Pharmaceutical Assistance | ||||||
19 | Act or who is the spouse of such a person shall be $24 instead | ||||||
20 | of the fee
otherwise provided in this Code for passenger cars | ||||||
21 | displaying standard
multi-year registration plates or digital | ||||||
22 | registration plates issued under Section 3-414.1, motor | ||||||
23 | vehicles
displaying special registration plates or digital | ||||||
24 | registration plates issued under Section 3-607, 3-609, 3-616, | ||||||
25 | 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, | ||||||
26 | 3-645, 3-647, 3-650, 3-651, 3-663, 3-664, or 3-699.17, motor |
| |||||||
| |||||||
1 | vehicles registered at 8,000 pounds or less under Section
| ||||||
2 | 3-815(a), and recreational vehicles registered at 8,000 pounds | ||||||
3 | or less under
Section 3-815(b). Widows and widowers of | ||||||
4 | claimants shall also be entitled to
this reduced registration | ||||||
5 | fee for the registration year in which the claimant
was | ||||||
6 | eligible.
| ||||||
7 | Commencing with the 2017 registration year, the reduced | ||||||
8 | fee under this Section shall apply to any special registration | ||||||
9 | plate or digital registration plate authorized in Article VI | ||||||
10 | of Chapter 3 of this Code for which the applicant would | ||||||
11 | otherwise be eligible. | ||||||
12 | Surcharges for vehicle registrations under Section 3-806 | ||||||
13 | of this Code shall not be collected from any vehicle owner who | ||||||
14 | has been approved for benefits under the Senior Citizens and | ||||||
15 | Persons with Disabilities Disabled Persons Property Tax Relief | ||||||
16 | and
Pharmaceutical Assistance Act or a person who is the | ||||||
17 | spouse of such a person. | ||||||
18 | No more than one reduced registration fee under this | ||||||
19 | Section shall be
allowed during any 12-month period based on | ||||||
20 | the primary eligibility of any
individual, whether such | ||||||
21 | reduced registration fee is allowed to the
individual or to | ||||||
22 | the spouse, widow or widower of such individual. This
Section | ||||||
23 | does not apply to the fee paid in addition to the registration | ||||||
24 | fee
for motor vehicles displaying vanity, personalized, or | ||||||
25 | special license
plates.
| ||||||
26 | (Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19; |
| |||||||
| |||||||
1 | revised 9-24-19.)
| ||||||
2 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
3 | Sec. 11-1301.2. Special decals for parking; persons with | ||||||
4 | disabilities.
| ||||||
5 | (a) The Secretary of State shall provide for, by | ||||||
6 | administrative rules, the
design, size, color, and placement | ||||||
7 | of a person with disabilities motorist decal
or device
and | ||||||
8 | shall provide for, by administrative
rules, the content and | ||||||
9 | form of an application for a person with disabilities
motorist | ||||||
10 | decal or device,
which shall be used by local authorities in | ||||||
11 | the issuance thereof to a
person with temporary disabilities, | ||||||
12 | provided that the decal or device is
valid for no more than 90 | ||||||
13 | days, subject to renewal for like periods based upon
continued | ||||||
14 | disability, and further provided that the decal or device | ||||||
15 | clearly
sets forth the date that the decal or device expires.
| ||||||
16 | The application shall
include the requirement of an Illinois | ||||||
17 | Identification Card number or a State
of Illinois driver's | ||||||
18 | license number or, if the applicant does not have an | ||||||
19 | identification card or driver's license number, then the | ||||||
20 | applicant may use a valid identification number issued by a | ||||||
21 | branch of the U.S. military or a federally issued Medicare or | ||||||
22 | Medicaid identification number.
This decal or device may be | ||||||
23 | used by the authorized holder to designate and identify a | ||||||
24 | vehicle not owned or displaying a
registration plate or | ||||||
25 | digital registration plate as provided in Sections 3-609 and |
| |||||||
| |||||||
1 | 3-616 of this Act to
designate when the vehicle is being used | ||||||
2 | to transport said person or persons
with disabilities, and | ||||||
3 | thus is entitled to enjoy all the privileges that would
be | ||||||
4 | afforded a person with disabilities licensed vehicle.
Person | ||||||
5 | with disabilities decals or devices issued and displayed | ||||||
6 | pursuant to
this Section shall be recognized and honored by | ||||||
7 | all local authorities
regardless of which local authority | ||||||
8 | issued such decal or device.
| ||||||
9 | The decal or device shall be issued only upon a showing by | ||||||
10 | adequate
documentation that the person for whose benefit the | ||||||
11 | decal or device is to be
used has a disability as defined in | ||||||
12 | Section 1-159.1 of this
Code and the disability is temporary.
| ||||||
13 | (b) The local governing authorities shall be responsible | ||||||
14 | for the provision
of such decal or device, its issuance and | ||||||
15 | designated placement within the
vehicle. The cost of such | ||||||
16 | decal or device shall be at the discretion of
such local | ||||||
17 | governing authority.
| ||||||
18 | (c) The Secretary of State may, pursuant to Section | ||||||
19 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
20 | device to a person with
disabilities as defined by Section | ||||||
21 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
22 | issued by the Secretary of State shall be registered to
that | ||||||
23 | person with disabilities in the form to be prescribed by the | ||||||
24 | Secretary of
State. The person with disabilities parking decal | ||||||
25 | or device shall not display
that person's address. One | ||||||
26 | additional decal or device may be issued to an
applicant upon |
| |||||||
| |||||||
1 | his or her written request and with the approval of the
| ||||||
2 | Secretary of
State.
The written request must include a | ||||||
3 | justification of the need for the
additional decal or device.
| ||||||
4 | (c-5) Beginning January 1, 2014, the Secretary shall | ||||||
5 | provide by administrative rule for the issuance of a separate | ||||||
6 | and distinct parking decal or device for persons with | ||||||
7 | disabilities as defined by Section 1-159.1 of this Code and | ||||||
8 | who meet the qualifications under this subsection. The | ||||||
9 | authorized holder of a decal or device issued under this | ||||||
10 | subsection (c-5) shall be exempt from the payment of fees | ||||||
11 | generated by parking in a metered space, a parking area | ||||||
12 | subject to paragraph (10) of subsection (a) of Section 11-209 | ||||||
13 | of this Code, or a publicly owned parking area. | ||||||
14 | The Secretary shall issue a meter-exempt decal or device | ||||||
15 | to a person with
disabilities who: (i) has been issued | ||||||
16 | registration plates or digital registration plates under | ||||||
17 | subsection (a) of Section 3-609 or Section 3-616 of this Code | ||||||
18 | or a special decal or device under this Section, (ii) holds a | ||||||
19 | valid Illinois driver's license, and (iii) is unable to do one | ||||||
20 | or more of the following: | ||||||
21 | (1) manage, manipulate, or insert coins, or obtain | ||||||
22 | tickets or tokens in parking meters or ticket machines in | ||||||
23 | parking lots, due to the lack of fine motor control of both | ||||||
24 | hands; | ||||||
25 | (2) reach above his or her head to a height of 42 | ||||||
26 | inches from the ground, due to a lack of finger, hand, or |
| |||||||
| |||||||
1 | upper extremity strength or mobility; | ||||||
2 | (3) approach a parking meter due to his or her use of a | ||||||
3 | wheelchair or other device for mobility; or | ||||||
4 | (4) walk more than 20 feet due to an orthopedic, | ||||||
5 | neurological, cardiovascular, or lung condition in which | ||||||
6 | the degree of debilitation is so severe that it almost | ||||||
7 | completely impedes the ability to walk. | ||||||
8 | The application for a meter-exempt parking decal or device | ||||||
9 | shall contain a statement certified by a licensed physician, | ||||||
10 | physician assistant, or advanced practice registered nurse | ||||||
11 | attesting to the permanent nature of the applicant's condition | ||||||
12 | and verifying that the applicant meets the physical | ||||||
13 | qualifications specified in this subsection (c-5). | ||||||
14 | Notwithstanding the requirements of this subsection (c-5), | ||||||
15 | the Secretary shall issue a meter-exempt decal or device to a | ||||||
16 | person who has been issued registration plates or digital | ||||||
17 | registration plates under Section 3-616 of this Code or a | ||||||
18 | special decal or device under this Section, if the applicant | ||||||
19 | is the parent or guardian of a person with disabilities who is | ||||||
20 | under 18 years of age and incapable of driving. | ||||||
21 | (d) Replacement decals or devices may be issued for lost, | ||||||
22 | stolen, or
destroyed decals upon application and payment of a | ||||||
23 | $10 fee. The replacement
fee may be waived for individuals | ||||||
24 | that have claimed and received a grant under
the Senior | ||||||
25 | Citizens and Persons with Disabilities Property Tax Relief and
| ||||||
26 | Pharmaceutical Assistance Act.
|
| |||||||
| |||||||
1 | (e) A person classified as a veteran under subsection (e) | ||||||
2 | of Section 6-106 of this Code that has been issued a decal or | ||||||
3 | device under this Section shall not be required to submit | ||||||
4 | evidence of disability in order to renew that decal or device | ||||||
5 | if, at the time of initial application, he or she submitted | ||||||
6 | evidence from his or her physician or the Department of | ||||||
7 | Veterans' Affairs that the disability is of a permanent | ||||||
8 | nature. However, the Secretary shall take reasonable steps to | ||||||
9 | ensure the veteran still resides in this State at the time of | ||||||
10 | the renewal. These steps may include requiring the veteran to | ||||||
11 | provide additional documentation or to appear at a Secretary | ||||||
12 | of State facility. To identify veterans who are eligible for | ||||||
13 | this exemption, the Secretary shall compare the list of the | ||||||
14 | persons who have been issued a decal or device to the list of | ||||||
15 | persons who have been issued a vehicle registration plate or | ||||||
16 | digital registration plate for veterans with disabilities | ||||||
17 | under Section 3-609 of this Code, or who are identified as a | ||||||
18 | veteran on their driver's license under Section 6-110 of this | ||||||
19 | Code or on their identification card under Section 4 of the | ||||||
20 | Illinois Identification Card Act. | ||||||
21 | (Source: P.A. 100-513, eff. 1-1-18; 100-702, eff. 1-1-19; | ||||||
22 | 101-395, eff. 8-16-19.)
| ||||||
23 | Section 85. The Criminal Code of 2012 is amended by | ||||||
24 | changing Section 17-6.5 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/17-6.5)
| ||||||
2 | Sec. 17-6.5. Persons under deportation order; | ||||||
3 | ineligibility for benefits. | ||||||
4 | (a) An individual against whom a United States Immigration | ||||||
5 | Judge
has issued an order of deportation which has been | ||||||
6 | affirmed by the Board of
Immigration Review, as well as an | ||||||
7 | individual who appeals such an order
pending appeal, under | ||||||
8 | paragraph 19 of Section 241(a) of the
Immigration and | ||||||
9 | Nationality Act relating to persecution of others on
account | ||||||
10 | of race, religion, national origin or political opinion under | ||||||
11 | the
direction of or in association with the Nazi government of | ||||||
12 | Germany or its
allies, shall be ineligible for the following | ||||||
13 | benefits authorized by State law: | ||||||
14 | (1) The homestead exemptions and homestead improvement
| ||||||
15 | exemption under Sections 15-170, 15-175, 15-176, and | ||||||
16 | 15-180 of the Property Tax Code. | ||||||
17 | (2) Grants under the Senior Citizens and Persons with | ||||||
18 | Disabilities Property Tax
Relief and Pharmaceutical | ||||||
19 | Assistance Act. | ||||||
20 | (3) The double income tax exemption conferred upon | ||||||
21 | persons 65 years of
age or older by Section 204 of the | ||||||
22 | Illinois Income Tax Act. | ||||||
23 | (4) Grants provided by the Department on Aging. | ||||||
24 | (5) Reductions in vehicle registration fees under | ||||||
25 | Section 3-806.3 of the
Illinois Vehicle Code. | ||||||
26 | (6) Free fishing and reduced fishing license fees |
| |||||||
| |||||||
1 | under Sections 20-5
and 20-40 of the Fish and Aquatic Life | ||||||
2 | Code. | ||||||
3 | (7) Tuition free courses for senior citizens under the | ||||||
4 | Senior Citizen
Courses Act. | ||||||
5 | (8) Any benefits under the Illinois Public Aid Code. | ||||||
6 | (b) If a person has been found by a court to have knowingly
| ||||||
7 | received benefits in violation of subsection (a) and: | ||||||
8 | (1) the total monetary value of the benefits received | ||||||
9 | is less than $150, the person is guilty
of a Class A | ||||||
10 | misdemeanor; a second or subsequent violation is a Class 4 | ||||||
11 | felony; | ||||||
12 | (2) the total monetary value of the benefits received | ||||||
13 | is $150 or more but less than $1,000,
the person is guilty | ||||||
14 | of a Class 4 felony; a second or subsequent violation is a | ||||||
15 | Class 3 felony; | ||||||
16 | (3) the total monetary value of the benefits received | ||||||
17 | is $1,000 or more but less than $5,000,
the person is | ||||||
18 | guilty of a Class 3 felony; a second or subsequent | ||||||
19 | violation is a Class 2 felony; | ||||||
20 | (4) the total monetary value of the benefits received | ||||||
21 | is $5,000 or more but less than $10,000,
the person is | ||||||
22 | guilty of a Class 2 felony; a second or subsequent | ||||||
23 | violation is a Class 1 felony; or | ||||||
24 | (5) the total monetary value of the benefits received | ||||||
25 | is $10,000 or more, the person is guilty
of a Class 1 | ||||||
26 | felony. |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (c) For purposes of determining the classification of an | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | offense under
this Section, all of the monetary value of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | benefits
received as a result of the unlawful act,
practice, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | or course of conduct may be accumulated. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (d) Any grants awarded to persons described in subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (a) may be recovered by the State of Illinois in a civil action | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | commenced
by the Attorney General in the circuit court of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sangamon County or the
State's Attorney of the county of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | residence of the person described in
subsection (a). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (e) An individual described in subsection (a) who has been
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | deported shall be restored to any benefits which that | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | individual has been
denied under State law pursuant to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | subsection (a) if (i) the Attorney
General of the United | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | States has issued an order cancelling deportation and
has | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | adjusted the status of the individual to that of an alien | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | lawfully
admitted for permanent residence in the United States | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | or (ii) the country
to which the individual has been deported | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | adjudicates or exonerates the
individual in a judicial or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | administrative proceeding as not being guilty
of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | persecution of others on account of race, religion, national | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | origin,
or political opinion under the direction of or in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | association with the Nazi
government of Germany or its allies.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|