State of Illinois
91st General Assembly
Legislation

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91_HB4128

 
                                               LRB9112187SMdv

 1        AN  ACT to amend the Senior Citizens and Disabled Persons
 2    Property Tax Relief  and  Pharmaceutical  Assistance  Act  by
 3    changing Section 4.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 7    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 8    amended by changing Section 4 as follows:

 9        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
10        Sec. 4.  Amount of Grant.
11        (a)  In general. Any individual 65 years  or  older  (for
12    calendar  years  before  2000)  or  55  years  or  older (for
13    calendar years 2000 and thereafter)  or  any  individual  who
14    will  become 65 years old (for calendar years before 2000) or
15    55 years old (for calendar years 2000 and thereafter)  during
16    the  calendar  year  in  which  a  claim  is  filed,  and any
17    surviving spouse of such a claimant, who at the time of death
18    received or was entitled to receive a grant pursuant to  this
19    Section,  which  surviving spouse will become 65 years of age
20    (for calendar years before 2000) or  55  years  of  age  (for
21    calendar  years  2000  and  thereafter)  within the 24 months
22    immediately following the death of such  claimant  and  which
23    surviving  spouse  but  for  his  or  her  age  is  otherwise
24    qualified  to  receive  a grant pursuant to this Section, and
25    any disabled person whose annual  household  income  is  less
26    than  $14,000 for grant years before the 1998 grant year, and
27    less than $16,000 for the 1998 and 1999 grant years, and less
28    than $20,000 for the 2000 grant year and thereafter and whose
29    household is liable for payment of property taxes accrued  or
30    has  paid  rent  constituting  property  taxes accrued and is
31    domiciled in this State at the time he  files  his  claim  is
 
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 1    entitled  to  claim a grant under this Act. Beginning January
 2    1, 2001, the amount of the household income of the  applicant
 3    shall   be   subject  to  annual  adjustments  equal  to  the
 4    percentage of increase in the previous calendar year  in  the
 5    Consumer  Price  Index  for All Urban Consumers for all items
 6    published by the United  States  Department  of  Labor.  With
 7    respect  to  claims  filed  by individuals who will become 65
 8    years old (for calendar years before 2000) or  55  years  old
 9    (for  calendar years 2000 and thereafter) during the calendar
10    year in which a claim is filed, the amount of  any  grant  to
11    which  that household is entitled shall be an amount equal to
12    1/12 of the amount to which the claimant would  otherwise  be
13    entitled  as  provided  in  this  Section,  multiplied by the
14    number of months in which the claimant was 65  (for  calendar
15    years  before  2000)  or  55  (for  calendar  years  2000 and
16    thereafter) in the calendar year in which the claim is filed.
17        (b)  Limitation.   Except  as   otherwise   provided   in
18    subsections  (a)  and (f) of this Section, the maximum amount
19    of grant which a claimant is entitled to claim is the  amount
20    by  which  the  property  taxes  accrued  which  were paid or
21    payable  during  the  last  preceding  tax   year   or   rent
22    constituting  property  taxes  accrued  upon  the  claimant's
23    residence  for the last preceding taxable year exceeds 3 1/2%
24    of the claimant's household income for that year  but  in  no
25    event  is the grant to exceed (i) $700 less 4.5% of household
26    income for that year for those with  a  household  income  of
27    $14,000 or less or (ii) $70 if household income for that year
28    is more than $14,000 but less than $16,000.
29        (c)  Public  aid  recipients.  If household income in one
30    or more months during a  year  includes  cash  assistance  in
31    excess  of $55 per month from the Department of Public Aid or
32    the Department of Human Services (acting as successor to  the
33    Department  of  Public  Aid  under  the  Department  of Human
34    Services Act)  which was determined under regulations of that
 
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 1    Department on a measure of need that  included  an  allowance
 2    for  actual  rent  or property taxes paid by the recipient of
 3    that assistance, the amount of grant to which that  household
 4    is  entitled, except as otherwise provided in subsection (a),
 5    shall be the product of (1) the maximum  amount  computed  as
 6    specified in subsection (b) of this Section and (2) the ratio
 7    of  the  number  of  months in which household income did not
 8    include such cash assistance over $55 to the  number  twelve.
 9    If household income did not include such cash assistance over
10    $55  for  any months during the year, the amount of the grant
11    to which the household  is  entitled  shall  be  the  maximum
12    amount  computed  as  specified  in  subsection  (b)  of this
13    Section.   For  purposes  of  this   paragraph   (c),   "cash
14    assistance"  does  not  include any amount received under the
15    federal Supplemental Security Income (SSI) program.
16        (d)  Joint ownership.  If title to the residence is  held
17    jointly  by the claimant with a person who is not a member of
18    his household, the amount of property taxes accrued  used  in
19    computing  the  amount of grant to which he is entitled shall
20    be the same percentage of property taxes accrued  as  is  the
21    percentage   of   ownership  held  by  the  claimant  in  the
22    residence.
23        (e)  More than one residence.  If a claimant has occupied
24    more than one residence in the taxable  year,  he  may  claim
25    only  one  residence for any part of a month.  In the case of
26    property taxes accrued, he shall pro rate 1/12 of  the  total
27    property taxes accrued on his residence to each month that he
28    owned  and  occupied that residence; and, in the case of rent
29    constituting property taxes  accrued,  shall  pro  rate  each
30    month's  rent  payments  to  the  residence actually occupied
31    during that month.
32        (f)  There   is   hereby   established   a   program   of
33    pharmaceutical assistance to  the  aged  and  disabled  which
34    shall  be  administered  by the Department in accordance with
 
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 1    this Act, to consist of payments to authorized pharmacies, on
 2    behalf of beneficiaries of the program,  for  the  reasonable
 3    costs  of  covered  prescription drugs.  Each beneficiary who
 4    pays $40 for an identification card shall pay the  first  $15
 5    of  prescription costs each month.  Each beneficiary who pays
 6    $80 for an identification card shall pay  the  first  $25  of
 7    prescription   costs   each  month.   In  addition,  after  a
 8    beneficiary receives $800 in benefits during a  State  fiscal
 9    year,  that beneficiary shall also be charged 20% of the cost
10    of each prescription for  which  payments  are  made  by  the
11    program during the remainder of the fiscal year.  To become a
12    beneficiary  under  this program a person must be: (1) (i) 65
13    years or older (for calendar years before 2000) or  55  years
14    or  older  (for  calendar years 2000 and thereafter), or (ii)
15    the surviving spouse of such a claimant, who at the  time  of
16    death  received  or was entitled to receive benefits pursuant
17    to this subsection, which surviving  spouse  will  become  65
18    years  of age (for calendar years before 2000) or 55 years of
19    age (for calendar years 2000 and thereafter)  within  the  24
20    months  immediately  following the death of such claimant and
21    which surviving spouse but for his or her  age  is  otherwise
22    qualified to receive benefits pursuant to this subsection, or
23    (iii)  disabled,  and  (2)  is domiciled in this State at the
24    time he files his  or  her  claim,  and  (3)  has  a  maximum
25    household  income of less than $14,000 for grant years before
26    the 1998 grant year, and less than $16,000 for the  1998  and
27    1999  grant  years,  and less than $20,000 for the 2000 grant
28    year and thereafter. Beginning January 1, 2001, the amount of
29    the household income of the applicant  shall  be  subject  to
30    annual adjustments equal to the percentage of increase in the
31    previous  calendar  year  in the Consumer Price Index for All
32    Urban Consumers for all items published by the United  States
33    Department  of  Labor. In addition, each eligible person must
34    (1) obtain an identification card from the Department, (2) at
 
                            -5-                LRB9112187SMdv
 1    the time the card is obtained, sign a statement assigning  to
 2    the State of Illinois benefits which may be otherwise claimed
 3    under   any   private   insurance   plans,  (3)  present  the
 4    identification card to the dispensing pharmacist.
 5        Any  person   otherwise   eligible   for   pharmaceutical
 6    assistance  under this Act whose covered drugs are covered by
 7    any public program for assistance in purchasing  any  covered
 8    prescription  drugs  shall be ineligible for assistance under
 9    this Act to the extent such costs are covered by  such  other
10    plan.
11        The   fee  to  be  charged  by  the  Department  for  the
12    identification card shall be equal to $40 for  persons  below
13    the  official  poverty  line  as defined by the United States
14    Department of Health and Human Services and $80 for all other
15    persons.
16        In the event that 2 or more persons are eligible for  any
17    benefit   under  this  Act,  and  are  members  of  the  same
18    household,  (1)  each  such  person  shall  be  entitled   to
19    participate   in   the   pharmaceutical  assistance  program,
20    provided that he or she meets all other requirements  imposed
21    by  this  subsection  and  (2)  each  participating household
22    member contributes the fee required for that  person  by  the
23    preceding   paragraph   for   the  purpose  of  obtaining  an
24    identification card.  Persons eligible for any benefit  under
25    this  Act  due  to become (i) 65 in calendar year 1984 or any
26    subsequent calendar year before 2000, or (ii) 55 in  calendar
27    year  2000  or any subsequent calendar year  in which a claim
28    is filed are excluded from the  benefit  prescribed  in  this
29    subsection  (f) for the calendar year in which they become 65
30    (for calendar years before 2000) or 55  (for  calendar  years
31    2000 and thereafter).
32    (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)

33        Section  99.   Effective  date.  This Act takes effect on
 
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 1    January 1, 2001.

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