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91_HB2206eng HB2206 Engrossed LRB9102068SMdv 1 AN ACT to amend the Illinois Public Aid Code by changing 2 Sections 1-11 and 12-4.34. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Public Aid Code is amended by 6 changing Sections 1-11 and 12-4.34 as follows: 7 (305 ILCS 5/1-11) 8 Sec. 1-11. Citizenship. To the extent not otherwise 9 provided in this Code or federal law, all clients who receive 10 cash or medical assistance under Article III, IV, V, or VI of 11 this Code must meet the citizenship requirements as 12 established in this Section. To be eligible for assistance an 13 individual, who is otherwise eligible, must be either a 14 United States citizen or included in one of the following 15 categories of non-citizens: 16 (1) United States veterans honorably discharged and 17 persons on active military duty, and the spouse and 18 unmarried dependent children of these persons; 19 (2) Refugees under Section 207 of the Immigration 20 and Nationality Act; 21 (3) Asylees under Section 208 of the Immigration 22 and Nationality Act; 23 (4) Persons for whom deportation has been withheld 24 under Section 243(h) of the Immigration and Nationality 25 Act; 26 (5) Persons granted conditional entry under Section 27 203(a)(7) of the Immigration and Nationality Act as in 28 effect prior to April 1, 1980; 29 (6) Persons lawfully admitted for permanent 30 residence under the Immigration and Nationality Act;and31 (7) Parolees, for at least one year, under Section HB2206 Engrossed -2- LRB9102068SMdv 1 212(d)(5) of the Immigration and Nationality Act; 2 (8) American Indians born in Canada under Section 289 of 3 the Immigration and Nationality Act and members of an Indian 4 tribe as defined in Section 4(e) of the Indian 5 Self-Determination and Education Assistance Act; 6 (9) Nationals of Cuba or Haiti admitted on or after 7 April 21, 1980; 8 (10) Amerasians from Vietnam, and their close family 9 members, admitted through the Orderly Departure Program 10 beginning on March 20, 1988; 11 (11) Persons lawfully residing in the United States who 12 were members of a Hmong or Highland Laotian tribe between 13 August 5, 1965 and May 7, 1975, and the spouse, widow or 14 widower who has not remarried, and unmarried dependent 15 children of these persons; and 16 (12) Persons who are or were the spouse, widow, or child 17 of a United States citizen or are or were the spouse or child 18 of a legal permanent resident, who have been abused by the 19 United States citizen, legal permanent resident, or a member 20 of that relative's family that lived with them, who need 21 assistance at least in part due to the abuse, and who are 22 living separately from the abuser or will be living 23 separately from the abuser before they receive assistance, 24 and the children and parents of these persons if they did not 25 participate in the abuse. 26 Those persons who are in the categories set forth in 27 subdivisions 6 and 7 of this Section, who enter the United 28 States on or after August 22, 1996, shall not be eligible for 29 5 years beginning on the date the person entered the United 30 States. 31 The Illinois Department may, by rule, cover prenatal care 32 or emergency medical care for non-citizens who are not 33 otherwise eligible under this Section. Local governmental 34 units which do not receive State funds may impose their own HB2206 Engrossed -3- LRB9102068SMdv 1 citizenship requirements and are authorized to provide any 2 benefits and impose any citizenship requirements as are 3 allowed under the Personal Responsibility and Work 4 Opportunity Reconciliation Act of 1996 (P.L. 104-193). 5 (Source: P.A. 90-17, eff. 7-1-97.) 6 (305 ILCS 5/12-4.34) 7 (Section scheduled to be repealed on August 31, 1999) 8 Sec. 12-4.34. Services to noncitizens. 9 (a) Subject to specific appropriation for this purpose 10 and notwithstanding Sections 1-11 and 3-1 of this Code, the 11 Department of Human Services is authorized to provide 12 services to legal immigrants, including but not limited to 13 naturalization and nutrition services and financial 14 assistance. The nature of these services, payment levels, 15 and eligibility conditions shall be determined by rule. 16 (b) The Illinois Department is authorized to lower the 17 payment levels established under this subsection or take such 18 other actions during the fiscal year as are necessary to 19 ensure that payments under this subsection do not exceed the 20 amounts appropriated for this purpose. These changes may be 21 accomplished by emergency rule under Section 5-45 of the 22 Illinois Administrative Procedure Act, except that the 23 limitation on the number of emergency rules that may be 24 adopted in a 24-month period shall not apply. 25(c) This Section is repealed on August 31, 1999.26 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.