103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1430

 

Introduced 2/7/2023, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/85-13
305 ILCS 5/1-10
305 ILCS 5/6-9  from Ch. 23, par. 6-9
305 ILCS 5/6-11.5 new
305 ILCS 5/6-12  from Ch. 23, par. 6-12

    Amends the Illinois Public Aid Code. Provides that persons shall not be determined ineligible for cash assistance provided under the General Assistance Article of the Code based upon a conviction for any drug-related felony under State or federal law. In provisions concerning General Assistance, provides that a local governmental unit may provide assistance to households under its General Assistance program following a disaster proclamation issued by the Governor if the local governmental unit is within the area designated under the proclamation. Provides that a local governmental unit may provide assistance under its General Assistance program under a service that complies with a specified provision of the Township Code. Provides that before a local government provides assistance, the board of the local government shall approve the expenditures of such assistance in accordance with the provisions of the General Assistance Article of the Code. Amends the Township Code. In provisions concerning the expenditure of township funds, expands the type of health services that may be provided with township funds to include mental, behavioral, eye, dental, or other healthcare. Provides that the township board may approve the application of a different, publicly available, professionally or academically recognized standard of need in determining eligibility for subsidized day care.


LRB103 26007 KTG 52361 b

 

 

A BILL FOR

 

SB1430LRB103 26007 KTG 52361 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing
5Section 85-13 as follows:
 
6    (60 ILCS 1/85-13)
7    Sec. 85-13. Township services, generally.
8    (a) The township board may either expend funds directly or
9may enter into any cooperative agreement or contract with any
10other governmental entity, not-for-profit corporation,
11non-profit community service association, or any for-profit
12business entity as provided in subsection (b) with respect to
13the expenditure of township funds, or funds made available to
14the township under the federal State and Local Fiscal
15Assistance Act of 1972, to provide any of the following
16services to the residents of the township:
17        (1) Ordinary and necessary maintenance and operating
18    expenses for the following:
19            (A) Public safety (including law enforcement, fire
20        protection, and building code enforcement).
21            (B) Environmental protection (including sewage
22        disposal, sanitation, and pollution abatement).
23            (C) Public transportation (including transit

 

 

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1        systems, paratransit systems, and streets and roads).
2            (D) Health, including mental, behavioral, eye,
3        dental, or other healthcare.
4            (E) Recreation.
5            (F) Libraries.
6            (G) Social services for the poor and aged.
7        (2) Ordinary and necessary capital expenditures
8    authorized by law.
9        (3) Development and retention of business, industrial,
10    manufacturing, and tourist facilities within the township.
11    (b) To be eligible to receive funds from the township
12under this Section, a private not-for-profit corporation or
13community service association shall have been in existence at
14least one year before receiving the funds. The township board
15may, however, for the purpose of providing day care services,
16contract with day care facilities licensed under the Child
17Care Act of 1969, regardless of whether the facilities are
18organized on a for-profit or not-for-profit basis.
19    (c) Township governments that directly expend or contract
20for day care shall use the standard of need established by the
21Department of Children and Family Services in determining
22recipients of subsidized day care and shall use the rate
23schedule used by the Department of Children and Family
24Services for the purchase of subsidized day care.
25Notwithstanding the preceding sentence, the township board may
26approve the application of a different, publicly available,

 

 

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1professionally or academically recognized standard of need in
2determining eligibility for subsidized day care.
3    (d) Township governments that directly expend or contract
4for senior citizen services may contract with for-profit (or
5not-for-profit) and non-sectarian organizations as provided in
6Sections 220-15 and 220-35.
7    (e) Those township supervisors or other elected township
8officials who are also members of a county board shall not vote
9on questions before the township board or the county board
10that relate to agreements or contracts between the township
11and the county under this Section or agreements or contracts
12between the township and the county that are otherwise
13authorized by law.
14    (f) The township board may enter into direct agreements
15with for-profit corporations or other business entities to
16carry out recycling programs in unincorporated areas of the
17township.
18    The township board may by ordinance administer a recycling
19program or adopt rules and regulations relating to recycling
20programs in unincorporated areas of the township that it from
21time to time deems necessary and may provide penalties for
22violations of those rules and regulations.
23    (g) For purposes of alleviating high unemployment,
24economically depressed conditions, and lack of moderately
25priced housing, the trustees of a township that includes all
26or a portion of a city that is a "financially distressed city"

 

 

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1under the Financially Distressed City Law may contract with
2one or more not-for-profit or for-profit organizations to
3construct and operate within the boundaries of the township a
4factory designed to manufacture housing or housing components.
5The contract may provide for the private organization or
6organizations to manage some or all operations of the factory
7and may provide for (i) payment of employee compensation and
8taxes; (ii) discharge of other legal responsibilities; (iii)
9sale of products; (iv) disposition of the factory, equipment,
10and other property; and (v) any other matters the township
11trustees consider reasonable.
12(Source: P.A. 95-119, eff. 8-13-07.)
 
13    Section 10. The Illinois Public Aid Code is amended by
14changing Sections 1-10, 6-9, 6-12 and by adding Section 6-11.5
15as follows:
 
16    (305 ILCS 5/1-10)
17    Sec. 1-10. Drug convictions.
18    (a) Persons convicted of an offense under the Illinois
19Controlled Substances Act, the Cannabis Control Act, or the
20Methamphetamine Control and Community Protection Act which is
21a Class X felony, or a Class 1 felony, or comparable federal
22criminal law which has as an element the possession, use, or
23distribution of a controlled substance, as defined in Section
24102(6) of the federal Controlled Substances Act (21 U.S.C.

 

 

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1802(c)), shall not be eligible for cash assistance provided
2under this Code.
3    (b) Persons convicted of any other felony under the
4Illinois Controlled Substances Act, the Cannabis Control Act,
5or the Methamphetamine Control and Community Protection Act
6which is not a Class X or Class 1 felony, or comparable federal
7criminal law which has as an element the possession, use, or
8distribution of a controlled substance, as defined in Section
9102(6) of the federal Controlled Substances Act (21 U.S.C.
10802(c)), shall not be eligible for cash assistance provided
11under this Code for 2 years from the date of conviction. This
12prohibition shall not apply if the person is in a drug
13treatment program, aftercare program, or similar program as
14defined by rule.
15    (c) Persons shall not be determined ineligible for food
16stamps provided under this Code based upon a conviction of any
17felony or comparable federal or State criminal law which has
18an element the possession, use or distribution of a controlled
19substance, as defined in Section 102(6) of the federal
20Controlled Substances Act (21 U.S.C. 802(c)).
21    (d) Notwithstanding any other provision of this Section to
22the contrary, persons shall not be determined ineligible for
23cash assistance provided under Article IV or Article VI of
24this Code based upon a conviction for any drug-related felony
25under State or federal law.
26(Source: P.A. 102-178, eff. 10-30-21.)
 

 

 

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1    (305 ILCS 5/6-9)  (from Ch. 23, par. 6-9)
2    Sec. 6-9. (a) (1) A local governmental unit may provide
3assistance to households under its General Assistance program
4following a declaration by the President of the United States
5of a major disaster or emergency pursuant to the Federal
6Disaster Relief Act of 1974, as now or hereafter amended, if
7the local governmental unit is within the area designated
8under the declaration. A local governmental unit may also
9provide assistance to households under its General Assistance
10program following a disaster proclamation issued by the
11Governor if the local governmental unit is within the area
12designated under the proclamation. Assistance under this
13Section may be provided to households which have suffered
14damage, loss or hardships as a result of the major disaster or
15emergency. Assistance under this Section may be provided to
16households without regard to the eligibility requirements and
17other requirements of this Code. Assistance under this Section
18may be provided only during the 90-day period following the
19date of declaration of a major disaster or emergency.
20    (2) A local governmental unit shall not use State funds to
21provide assistance under this Section. If a local governmental
22unit receives State funds to provide General Assistance under
23this Article, assistance provided by the local governmental
24unit under this Section shall not be considered in determining
25whether a local governmental unit has qualified to receive

 

 

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1State funds under Article XII. A local governmental unit which
2provides assistance under this Section shall not, as a result
3of payment of such assistance, change the nature or amount of
4assistance provided to any other individual or family under
5this Article.
6    (3) This Section shall not apply to any municipality of
7more than 500,000 population in which a separate program has
8been established by the Illinois Department under Section 6-1.
9    (b) (1) A local governmental unit may provide assistance
10to households for food and temporary shelter. To qualify for
11assistance a household shall submit to the local governmental
12unit: (A) such application as the local governmental unit may
13require; (B) a copy of an application to the Federal Emergency
14Management Agency (hereinafter "FEMA") or the Small Business
15Administration (hereinafter "SBA") for assistance; (C) such
16other proof of damage, loss or hardship as the local
17governmental unit may require; and (D) an agreement to
18reimburse the local governmental unit for the amount of any
19assistance received by the household under this subsection
20(b).
21    (2)  Assistance under this subsection (b) may be in the
22form of cash or vouchers. The amount of assistance provided to
23a household in any month under this subsection (b) shall not
24exceed the maximum amount payable under Section 6-2.
25    (3) No assistance shall be provided to a household after
26it receives a determination of its application to FEMA or SBA

 

 

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1for assistance.
2    (4) A household which has received assistance under this
3subsection (b) shall reimburse the local governmental unit in
4full for any assistance received under this subsection. If the
5household receives assistance from FEMA or SBA in the form of
6loans or grants, the household shall reimburse the local
7governmental unit from those funds. If the household's request
8for assistance is denied or rejected by the FEMA or SBA, the
9household shall repay the local governmental unit in
10accordance with a repayment schedule prescribed by the local
11governmental unit.
12    (c) (1) A local governmental unit may provide assistance
13to households for structural repairs to homes or for repair or
14replacement of home electrical or heating systems, bedding and
15food refrigeration equipment. To qualify for assistance a
16household shall submit to the local governmental unit:
17(A)  such application as the local governmental unit may
18require; (B) a copy of claim to an insurance company for
19reimbursement for the damage or loss for which assistance is
20sought; (C) such other proof of damage, loss or hardship as the
21local governmental unit may require; and (D) an agreement to
22reimburse the local governmental unit for the amount of any
23assistance received by the household under this subsection
24(c).
25    (2)  Any assistance provided under this subsection (c)
26shall be in the form of direct payments to vendors, and shall

 

 

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1not be made directly to a household. The total amount of
2assistance provided to a household under this subsection (c)
3shall not exceed $1,500.
4    (3) No assistance shall be provided to a household after
5it receives a determination of its insurance claims.
6    (4) A household which has received assistance under this
7subsection (c) shall reimburse the local governmental unit in
8full for any assistance received under this subsection. If the
9household's insurance claim is approved, the household shall
10reimburse the local governmental unit from the proceeds. If
11the household's insurance claim is denied, the household shall
12repay the local governmental unit in accordance with a
13repayment schedule prescribed by the local governmental unit.
14(Source: P.A. 85-1233.)
 
15    (305 ILCS 5/6-11.5 new)
16    Sec. 6-11.5. General assistance provided by a township. A
17local governmental unit may provide assistance under its
18General Assistance program under a service that complies with
19Section 85-13 of the Township Code. Before a local government
20provides assistance under this Section, the board of the local
21government shall approve the expenditures of such assistance
22in accordance with this Section.
 
23    (305 ILCS 5/6-12)  (from Ch. 23, par. 6-12)
24    Sec. 6-12. General Assistance not funded by State. General

 

 

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1Assistance programs in local governments that do not receive
2State funds shall continue to be governed by Sections 6-1
3through 6-10, as applicable, as well as other relevant parts
4of this Code and other laws. However, notwithstanding any
5other provision of this Code, any unit of local government
6that does not receive State funds may implement a General
7Assistance program that complies with Section 6-11 and 6-11.5.
8So long as the that program complies with either Section 6-11
9or 6-11.5, the program shall not be deemed out of compliance
10with or in violation of this Code.
11(Source: P.A. 87-860.)