Rep. Litesa E. Wallace

Filed: 4/4/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3540

2    AMENDMENT NO. ______. Amend House Bill 3540 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Section 9A-11 as follows:
 
6    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
7    Sec. 9A-11. Child Care.
8    (a) The General Assembly recognizes that families with
9children need child care in order to work. Child care is
10expensive and families with low incomes, including those who
11are transitioning from welfare to work, often struggle to pay
12the costs of day care. The General Assembly understands the
13importance of helping low income working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General

 

 

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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois Department
4shall provide child care services to parents or other relatives
5as defined by rule who are working or participating in
6employment or Department approved education or training
7programs. At a minimum, the Illinois Department shall cover the
8following categories of families:
9        (1) recipients of TANF under Article IV participating
10    in work and training activities as specified in the
11    personal plan for employment and self-sufficiency;
12        (2) families transitioning from TANF to work;
13        (3) families at risk of becoming recipients of TANF;
14        (4) families with special needs as defined by rule; and
15        (5) working families with very low incomes as defined
16    by rule.
17    The Department shall specify by rule the conditions of
18eligibility, the application process, and the types, amounts,
19and duration of services. Eligibility for child care benefits
20and the amount of child care provided may vary based on family
21size, income, and other factors as specified by rule.
22    In determining income eligibility for child care benefits,
23the Department annually, at the beginning of each fiscal year,
24shall establish, by rule, one income threshold for each family
25size, in relation to percentage of State median income for a
26family of that size, that makes families with incomes below the

 

 

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1specified threshold eligible for assistance and families with
2incomes above the specified threshold ineligible for
3assistance. Through and including fiscal year 2007, the
4specified threshold must be no less than 50% of the
5then-current State median income for each family size.
6Beginning in fiscal year 2008, the specified threshold must be
7no less than 185% of the then-current federal poverty level for
8each family size.
9    The Department shall provide child care services to all
10children who are eligible for assistance and are:
11        (A) under age 13; or
12        (B) under age 19 and (i) are under court supervision or
13    (ii) have physical or mental incapacities as documented by
14    a statement from a local health provider or other health
15    professional.
16    In determining eligibility for assistance, the Department
17shall not give preference to any category of recipients or give
18preference to individuals based on their receipt of benefits
19under this Code.
20    The Department shall allocate $7,500,000 annually for a
21test program for families who are income-eligible for child
22care assistance, who are not recipients of TANF under Article
23IV, and who need child care assistance to participate in
24education and training activities. The Department shall
25specify by rule the conditions of eligibility for this test
26program.

 

 

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1    Nothing in this Section shall be construed as conferring
2entitlement status to eligible families.
3    The Illinois Department is authorized to lower income
4eligibility ceilings, raise parent co-payments, create waiting
5lists, or take such other actions during a fiscal year as are
6necessary to ensure that child care benefits paid under this
7Article do not exceed the amounts appropriated for those child
8care benefits. These changes may be accomplished by emergency
9rule under Section 5-45 of the Illinois Administrative
10Procedure Act, except that the limitation on the number of
11emergency rules that may be adopted in a 24-month period shall
12not apply.
13    The Illinois Department may contract with other State
14agencies or child care organizations for the administration of
15child care services.
16    (c) Payment shall be made for child care that otherwise
17meets the requirements of this Section and applicable standards
18of State and local law and regulation, including any
19requirements the Illinois Department promulgates by rule in
20addition to the licensure requirements promulgated by the
21Department of Children and Family Services and Fire Prevention
22and Safety requirements promulgated by the Office of the State
23Fire Marshal and is provided in any of the following:
24        (1) a child care center which is licensed or exempt
25    from licensure pursuant to Section 2.09 of the Child Care
26    Act of 1969;

 

 

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1        (2) a licensed child care home or home exempt from
2    licensing;
3        (3) a licensed group child care home;
4        (4) other types of child care, including child care
5    provided by relatives or persons living in the same home as
6    the child, as determined by the Illinois Department by
7    rule.
8    (c-5) Solely for the purposes of coverage under the
9Illinois Public Labor Relations Act, child and day care home
10providers, including licensed and license exempt,
11participating in the Department's child care assistance
12program shall be considered to be public employees and the
13State of Illinois shall be considered to be their employer as
14of the effective date of this amendatory Act of the 94th
15General Assembly, but not before. The State shall engage in
16collective bargaining with an exclusive representative of
17child and day care home providers participating in the child
18care assistance program concerning their terms and conditions
19of employment that are within the State's control. Nothing in
20this subsection shall be understood to limit the right of
21families receiving services defined in this Section to select
22child and day care home providers or supervise them within the
23limits of this Section. The State shall not be considered to be
24the employer of child and day care home providers for any
25purposes not specifically provided in this amendatory Act of
26the 94th General Assembly, including but not limited to,

 

 

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1purposes of vicarious liability in tort and purposes of
2statutory retirement or health insurance benefits. Child and
3day care home providers shall not be covered by the State
4Employees Group Insurance Act of 1971.
5    In according child and day care home providers and their
6selected representative rights under the Illinois Public Labor
7Relations Act, the State intends that the State action
8exemption to application of federal and State antitrust laws be
9fully available to the extent that their activities are
10authorized by this amendatory Act of the 94th General Assembly.
11    (d) The Illinois Department shall establish, by rule, a
12co-payment scale that provides for cost sharing by families
13that receive child care services, including parents whose only
14income is from assistance under this Code. The co-payment shall
15be based on family income and family size and may be based on
16other factors as appropriate. Co-payments may be waived for
17families whose incomes are at or below the federal poverty
18level.
19    (d-5) The Illinois Department, in consultation with its
20Child Care and Development Advisory Council, shall develop a
21plan to revise the child care assistance program's co-payment
22scale. The plan shall be completed no later than February 1,
232008, and shall include:
24        (1) findings as to the percentage of income that the
25    average American family spends on child care and the
26    relative amounts that low-income families and the average

 

 

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1    American family spend on other necessities of life;
2        (2) recommendations for revising the child care
3    co-payment scale to assure that families receiving child
4    care services from the Department are paying no more than
5    they can reasonably afford;
6        (3) recommendations for revising the child care
7    co-payment scale to provide at-risk children with complete
8    access to Preschool for All and Head Start; and
9        (4) recommendations for changes in child care program
10    policies that affect the affordability of child care.
11    (e) (Blank).
12    (f) The Illinois Department shall, by rule, set rates to be
13paid for the various types of child care. Child care may be
14provided through one of the following methods:
15        (1) arranging the child care through eligible
16    providers by use of purchase of service contracts or
17    vouchers;
18        (2) arranging with other agencies and community
19    volunteer groups for non-reimbursed child care;
20        (3) (blank); or
21        (4) adopting such other arrangements as the Department
22    determines appropriate.
23    (f-5) (Blank).
24    (g) Families eligible for assistance under this Section
25shall be given the following options:
26        (1) receiving a child care certificate issued by the

 

 

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1    Department or a subcontractor of the Department that may be
2    used by the parents as payment for child care and
3    development services only; or
4        (2) if space is available, enrolling the child with a
5    child care provider that has a purchase of service contract
6    with the Department or a subcontractor of the Department
7    for the provision of child care and development services.
8    The Department may identify particular priority
9    populations for whom they may request special
10    consideration by a provider with purchase of service
11    contracts, provided that the providers shall be permitted
12    to maintain a balance of clients in terms of household
13    incomes and families and children with special needs, as
14    defined by rule.
15(Source: P.A. 97-422, eff. 8-16-11.)
 
16    Section 99. Effective date. This Act takes effect July 1,
172017.".