Full Text of HB3129 101st General Assembly
HB3129enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Sections 4-2, 4-21, 9A-7, and 12-4.11 as follows:
| 6 | | (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| 7 | | Sec. 4-2. Amount of aid.
| 8 | | (a) The amount and nature of financial aid shall be | 9 | | determined in accordance
with the grant amounts, rules and | 10 | | regulations of the Illinois Department. Due
regard shall be | 11 | | given to the self-sufficiency requirements of the family and to
| 12 | | the income, money contributions and other support and resources | 13 | | available, 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 | | Property Tax Relief Act" or any
distributions or items of | 17 | | income described under subparagraph (X) of paragraph
(2) of | 18 | | subsection (a) of Section 203 of the Illinois Income Tax Act. | 19 | | The aid
shall be sufficient, when added to all other income, | 20 | | money contributions and
support to provide the family with a | 21 | | grant in the amount established by
Department regulation.
| 22 | | Subject to appropriation, beginning on July 1, 2008, the | 23 | | Department of Human Services shall increase TANF grant amounts |
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| 1 | | in effect on June 30, 2008 by 15%. The Department is authorized | 2 | | to administer this increase but may not otherwise adopt any | 3 | | rule to implement this increase. | 4 | | (a-5) For the purposes of this subsection, TANF grant | 5 | | amounts shall consist of the following portions: | 6 | | (1) 75% shall be designated for the child or children | 7 | | of the assistance unit; and | 8 | | (2) 25% shall be designated for the adult member or | 9 | | members of the assistance unit. | 10 | | (b) The Illinois Department may conduct special projects, | 11 | | which may be
known as Grant Diversion Projects, under which | 12 | | recipients of financial aid
under this Article are placed in | 13 | | jobs and their grants are diverted to the
employer who in turn | 14 | | makes payments to the recipients in the form of salary
or other | 15 | | employment benefits. The Illinois Department shall by rule | 16 | | specify
the terms and conditions of such Grant Diversion | 17 | | Projects. Such projects
shall take into consideration and be | 18 | | coordinated with the programs
administered under the Illinois | 19 | | Emergency Employment Development Act.
| 20 | | (c) The amount and nature of the financial aid for a child | 21 | | requiring
care outside his own home shall be determined in | 22 | | accordance with the rules
and regulations of the Illinois | 23 | | Department, with due regard to the needs
and requirements of | 24 | | the child in the foster home or institution in which
he has | 25 | | been placed.
| 26 | | (d) If the Department establishes grants for family units |
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| 1 | | consisting
exclusively of a pregnant woman with no dependent | 2 | | child or including her
husband if living with her, the grant | 3 | | amount for such a unit
shall be equal to the grant amount for | 4 | | an assistance unit consisting of one
adult, or 2 persons if the | 5 | | husband is included. Other than as herein
described, an unborn | 6 | | child shall not be counted
in determining the size of an | 7 | | assistance unit or for calculating grants.
| 8 | | Payments for basic maintenance requirements of a child or | 9 | | children
and the relative with whom the child or children are | 10 | | living shall be
prescribed, by rule, by the Illinois | 11 | | Department.
| 12 | | Grants under this Article shall not be supplemented by | 13 | | General
Assistance provided under Article VI.
| 14 | | (e) Grants shall be paid to the parent or other person with | 15 | | whom the
child or children are living, except for such amount | 16 | | as is paid in
behalf of the child or his parent or other | 17 | | relative to other persons or
agencies pursuant to this Code or | 18 | | the rules and regulations of the
Illinois Department.
| 19 | | (f) Subject to subsection (f-5), an assistance unit, | 20 | | receiving
financial
aid under this Article or
temporarily | 21 | | ineligible to receive aid under this Article under a penalty
| 22 | | imposed by the Illinois Department for failure to comply with | 23 | | the eligibility
requirements or that voluntarily requests | 24 | | termination of financial assistance
under this Article and | 25 | | becomes subsequently eligible for assistance within 9
months, | 26 | | shall not receive any increase in the amount of aid solely on |
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| 1 | | account
of the birth of a child; except that an increase is not | 2 | | prohibited when the
birth is (i) of a child of a pregnant woman
| 3 | | who became eligible for aid under this Article during the | 4 | | pregnancy,
or (ii) of a child born within 10 months after the | 5 | | date of implementation of
this subsection, or (iii) of a child | 6 | | conceived after a family became
ineligible for assistance due | 7 | | to income or marriage and at least 3 months of
ineligibility | 8 | | expired before any reapplication for assistance. This | 9 | | subsection
does not, however, prevent a unit from receiving a | 10 | | general increase in the
amount of aid that is provided to all | 11 | | recipients of aid under this Article.
| 12 | | The Illinois Department is authorized to transfer funds, | 13 | | and shall use any
budgetary savings attributable to not | 14 | | increasing the grants due to the births
of additional children, | 15 | | to supplement existing funding for employment and
training | 16 | | services for recipients of aid under this Article IV. The | 17 | | Illinois
Department shall target, to the extent the | 18 | | supplemental funding allows,
employment and training services | 19 | | to the families who do not receive a grant
increase after the | 20 | | birth of a child. In addition, the Illinois Department
shall | 21 | | provide, to the extent the supplemental funding allows, such | 22 | | families
with up to 24 months of transitional child care | 23 | | pursuant to Illinois Department
rules. All remaining | 24 | | supplemental funds shall be used for employment and
training | 25 | | services or transitional child care support.
| 26 | | In making the transfers authorized by this subsection, the |
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| 1 | | Illinois
Department shall first determine, pursuant to | 2 | | regulations adopted by the
Illinois Department for this | 3 | | purpose, the amount of savings attributable to
not increasing | 4 | | the grants due to the births of additional children. Transfers
| 5 | | may be made from General Revenue Fund appropriations for | 6 | | distributive purposes
authorized by Article IV of this Code | 7 | | only to General Revenue Fund
appropriations for employability | 8 | | development services including operating
and administrative | 9 | | costs and related distributive purposes under Article
IXA of | 10 | | this Code. The Director, with the approval of the Governor, | 11 | | shall
certify the amount and affected line item appropriations | 12 | | to the State
Comptroller.
| 13 | | Nothing in this subsection shall be construed to prohibit | 14 | | the Illinois
Department from using funds under this Article IV | 15 | | to provide
assistance in the form of vouchers
that may be used | 16 | | to pay for goods and services deemed by the Illinois
| 17 | | Department, by rule, as suitable for the care of the child such | 18 | | as diapers,
clothing, school supplies, and cribs.
| 19 | | (f-5) Subsection (f) shall not apply to affect the monthly | 20 | | assistance
amount of
any family as a result of the birth of a | 21 | | child on or after January 1, 2004.
As resources permit after | 22 | | January 1, 2004, the Department may
cease applying subsection | 23 | | (f) to limit assistance to families receiving
assistance under | 24 | | this Article on January 1, 2004, with respect to children
born | 25 | | prior to that date. In any event, subsection (f) shall be | 26 | | completely
inoperative on and after July 1, 2007.
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| 1 | | (g) (Blank).
| 2 | | (h) Notwithstanding any other provision of this Code, the | 3 | | Illinois
Department is authorized to reduce payment levels used | 4 | | to determine cash grants
under this Article after December 31 | 5 | | of any fiscal year if the Illinois
Department determines that | 6 | | the caseload upon which the appropriations for the
current | 7 | | fiscal year are based have increased by more than 5% and the
| 8 | | appropriation is not sufficient to ensure that
cash benefits | 9 | | under this Article do not exceed the amounts appropriated for
| 10 | | those cash benefits. Reductions in payment levels may be | 11 | | accomplished by
emergency rule under Section 5-45 of the | 12 | | Illinois Administrative Procedure Act,
except that the | 13 | | limitation on the number of emergency rules that may be adopted
| 14 | | in a 24-month period shall not apply and the provisions of | 15 | | Sections 5-115 and
5-125 of the Illinois Administrative | 16 | | Procedure Act shall not apply.
Increases in payment levels | 17 | | shall be accomplished only in accordance with
Section 5-40 of | 18 | | the Illinois Administrative Procedure Act. Before any rule
to | 19 | | increase payment levels
promulgated under this Section shall | 20 | | become effective, a joint resolution
approving the rule must be | 21 | | adopted by a roll call vote by a majority of the
members | 22 | | elected to each chamber of the General Assembly.
| 23 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 24 | | (305 ILCS 5/4-21)
| 25 | | Sec. 4-21. Sanctions.
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| 1 | | (a) The Illinois Department shall, by rule, establish a | 2 | | system of sanctions
for persons who fail to cooperate, without | 3 | | good cause, with employment and
training programs or other | 4 | | programs under this Article or Article IXA or who
fail to | 5 | | cooperate
with child support programs under this Article, | 6 | | Article X, or Title IV of the
federal Social Security Act. The | 7 | | sanctions may discontinue all or part of the
cash grant | 8 | | provided under this Article. The sanctions may be time limited | 9 | | or
continue until the person cooperates in the program. The | 10 | | sanctions may be
progressive in that a second, third, or | 11 | | further sanction may be progressively
more severe or last | 12 | | longer.
| 13 | | (a-1) The Illinois Department shall, by rule, impose a 30% | 14 | | reduction of the portion of the grant amount designated for the | 15 | | adult member or members of the assistance unit when an adult | 16 | | member is found to be in noncompliance without good cause. | 17 | | (a-2) No sanction shall reduce the portion of the grant | 18 | | amount that is designated for the child or children of the | 19 | | assistance unit. | 20 | | (a-3) The full grant amount must be restored on the first | 21 | | day of the month following a determination that the adult | 22 | | member or members of the assistance unit are in compliance with | 23 | | program requirements and are otherwise eligible for | 24 | | assistance. | 25 | | (b) The Illinois Department shall, by rule, define what | 26 | | constitutes failure
to cooperate and what constitutes good |
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| 1 | | cause which would excuse that failure.
| 2 | | (Source: P.A. 90-17, eff. 7-1-97.)
| 3 | | (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
| 4 | | Sec. 9A-7. Good Cause and Pre-Sanction Process.
| 5 | | (a) The Department shall establish by rule what constitutes | 6 | | good cause
for failure to participate in education, training | 7 | | and employment programs,
failure to accept suitable employment | 8 | | or terminating employment or reducing
earnings.
| 9 | | The Department shall establish, by rule, a pre-sanction | 10 | | process to assist
in resolving disputes over proposed sanctions | 11 | | and in determining if good cause
exists.
Good cause shall | 12 | | include, but not be limited to:
| 13 | | (1) temporary illness for its duration;
| 14 | | (2) court required appearance or temporary | 15 | | incarceration;
| 16 | | (3) (blank);
| 17 | | (4) death in the family;
| 18 | | (5) (blank);
| 19 | | (6) (blank);
| 20 | | (7) (blank);
| 21 | | (8) (blank);
| 22 | | (9) extreme inclement weather;
| 23 | | (10) (blank);
| 24 | | (11) lack of any support service even though the | 25 | | necessary service
is not specifically provided under the |
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| 1 | | Department program, to the extent
the lack of the needed | 2 | | service presents a significant barrier to participation;
| 3 | | (12) if an individual is engaged in employment or | 4 | | training or both
that is consistent with the employment | 5 | | related goals of the program, if
such employment and | 6 | | training is later approved by Department staff;
| 7 | | (13) (blank);
| 8 | | (14) failure of Department staff to correctly forward | 9 | | the information
to other Department staff;
| 10 | | (15) failure of the participant to cooperate because of | 11 | | attendance at
a test or a mandatory class or function at an | 12 | | educational program
(including college), when an education | 13 | | or training program is officially
approved by the | 14 | | Department;
| 15 | | (16) failure of the participant due to his or her | 16 | | illiteracy;
| 17 | | (17) failure of the participant because it is | 18 | | determined that he or she
should be in a different | 19 | | activity;
| 20 | | (18) non-receipt by the participant of a notice | 21 | | advising him or her of a
participation requirement. If
the | 22 | | non-receipt of mail occurs frequently, the Department | 23 | | shall
explore an alternative means of providing notices of | 24 | | participation requests
to participants;
| 25 | | (19) (blank);
| 26 | | (20) non-comprehension of English, either written or |
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| 1 | | oral or both;
| 2 | | (21) (blank);
| 3 | | (22) (blank);
| 4 | | (23) child care (or day care for an incapacitated | 5 | | individual living in
the same home as a dependent child) is | 6 | | necessary for the participation or
employment and such care | 7 | | is not available for a child under age 13;
| 8 | | (24) failure to participate in an activity due to a | 9 | | scheduled job
interview, medical appointment for the | 10 | | participant or a household member, or
school appointment;
| 11 | | (25) if an individual or family is experiencing | 12 | | homelessness; an individual or family is experiencing | 13 | | homelessness if the individual or family: (i) lacks a | 14 | | fixed, regular, and adequate nighttime residence, or | 15 | | shares the housing of other persons due to the loss of | 16 | | housing, economic hardship, or a similar reason; (ii) is | 17 | | living in a motel, hotel, trailer park, or camping ground | 18 | | due to the lack of alternative accommodations; (iii) is | 19 | | living in an emergency or transitional shelter; (iv) | 20 | | resides in a primary nighttime residence that is a public | 21 | | or private place not designed for or ordinarily used as a | 22 | | regular sleeping accommodation for human beings; or (v) is | 23 | | living in a car, park, public space, abandoned building, | 24 | | substandard housing, bus, train station, or similar | 25 | | settings; the individual is homeless. Homeless individuals | 26 | | (including the
family) have no current residence and no |
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| 1 | | expectation of acquiring one in
the next 30 days. This | 2 | | includes individuals residing in overnight
and | 3 | | transitional (temporary) shelters. This does not include | 4 | | individuals
who are sharing a residence with friends or | 5 | | relatives on a continuing basis;
| 6 | | (26) circumstances beyond the control of the | 7 | | participant which prevent
the participant from completing | 8 | | program requirements; or
| 9 | | (27) (blank) ; .
| 10 | | (28) if an individual or family receives an eviction | 11 | | notice; | 12 | | (29) if an individual's or family's utilities are | 13 | | disconnected; | 14 | | (30) if an individual or family receives an utility | 15 | | disconnection notice; or | 16 | | (31) if an individual is exiting a publicly funded | 17 | | institution or system of care (such as a health-care | 18 | | facility, a mental health facility, foster care or other | 19 | | youth facility, or correction program or institution) | 20 | | without an option to move to a fixed, adequate night time | 21 | | residence. | 22 | | (b) (Blank).
| 23 | | (c) (1) The Department shall establish a reconciliation | 24 | | procedure to
assist in resolving disputes related to any | 25 | | aspect of participation,
including exemptions, good cause, | 26 | | sanctions or proposed sanctions,
supportive services, |
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| 1 | | assessments, responsibility and service
plans,
assignment | 2 | | to activities, suitability of employment, or
refusals of | 3 | | offers
of employment.
Through the reconciliation process | 4 | | the Department shall have a mechanism to
identify good | 5 | | cause, ensure that the client is aware of the issue, and | 6 | | enable
the client to perform required activities without | 7 | | facing sanction.
| 8 | | (2) A participant may request reconciliation and
| 9 | | receive notice in
writing of a meeting. At least one | 10 | | face-to-face
meeting may be scheduled to
resolve | 11 | | misunderstandings or disagreements related to program | 12 | | participation
and situations which may lead to a potential | 13 | | sanction. The meeting will
address the underlying reason | 14 | | for the dispute and plan a resolution to
enable the | 15 | | individual to participate in TANF employment and work | 16 | | activity
requirements.
| 17 | | (2.5) If the individual fails to appear at the | 18 | | reconciliation meeting
without good cause, the | 19 | | reconciliation is unsuccessful and a sanction shall be
| 20 | | imposed.
| 21 | | (3) The reconciliation process shall continue after
it | 22 | | is determined that
the individual did not have good cause | 23 | | for non-cooperation. Any necessary
demonstration of | 24 | | cooperation on the part of the participant will be part of
| 25 | | the reconciliation process. Failure to demonstrate | 26 | | cooperation will result in immediate
sanction.
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| 1 | | (4) For the first instance of non-cooperation, if the | 2 | | client reaches
agreement to cooperate, the client shall be | 3 | | allowed 30 days to demonstrate
cooperation before any | 4 | | sanction activity may be imposed. In any subsequent
| 5 | | instances of non-cooperation, the client shall be provided | 6 | | the opportunity to
show good cause or remedy the situation | 7 | | by immediately complying with the
requirement.
| 8 | | (5) The Department shall document in the case record | 9 | | the proceedings
of the reconciliation and provide the | 10 | | client in writing
with a reconciliation
agreement.
| 11 | | (6) If reconciliation resolves the dispute, no
| 12 | | sanction shall be imposed.
If the client fails to comply | 13 | | with the reconciliation agreement, the
Department shall | 14 | | then immediately impose the original sanction.
If the | 15 | | dispute cannot be resolved
during reconciliation, a | 16 | | sanction shall not be imposed
until the reconciliation | 17 | | process is complete.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 19 | | (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
| 20 | | Sec. 12-4.11. Grant amounts. The Department,
with due | 21 | | regard for and subject to budgetary limitations, shall | 22 | | establish
grant amounts for each of the programs, by | 23 | | regulation. The grant amounts may
vary by program, size of | 24 | | assistance unit and geographic area. Grant amounts under the | 25 | | Temporary Assistance for Needy Families (TANF) program may not |
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| 1 | | vary on the basis of a TANF recipient's county of residence.
| 2 | | Aid payments shall not be reduced except: (1) for changes | 3 | | in the cost of
items included in the grant amounts, or (2) for | 4 | | changes in the expenses of the
recipient, or (3) for changes in | 5 | | the income or resources available to the
recipient, or (4) for | 6 | | changes in grants resulting from adoption of a
consolidated | 7 | | grant amount.
| 8 | | The maximum benefit levels provided to TANF recipients | 9 | | shall increase as follows: beginning October 1, 2018, the | 10 | | Department of Human Services shall increase TANF grant amounts | 11 | | in effect on September 30, 2018 to at least 30% of the most | 12 | | recent United States Department of Health and Human Services | 13 | | Federal Poverty Guidelines for each family size. Beginning | 14 | | October 1, 2019, and each October 1 thereafter, the maximum | 15 | | benefit levels shall be annually adjusted to remain equal to at | 16 | | least 30% of the most recent poverty guidelines updated | 17 | | periodically in the Federal Register by the U.S. Department
of | 18 | | Health and Human Services under the authority of 42 U.S.C. | 19 | | 9902(2) for each family size. | 20 | | TANF grants for child-only assistance units shall be at | 21 | | least 75% of TANF grants for assistance units of the same size | 22 | | that consist of a caretaker relative with children. | 23 | | In fixing standards to govern payments or reimbursements | 24 | | for funeral
and burial expenses, the Department shall establish | 25 | | a minimum allowable
amount of
not less than
$1,000 for | 26 | | Department payment of funeral services and not less than $500 |
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| 1 | | for
Department payment of burial or cremation services. On | 2 | | January 1, 2006, July 1, 2006, and July 1, 2007, the Department | 3 | | shall increase the minimum reimbursement amount for funeral and | 4 | | burial expenses under this Section by a percentage equal to the | 5 | | percentage increase in the Consumer Price Index for All Urban | 6 | | Consumers, if any, during the 12 months immediately preceding | 7 | | that January 1 or July 1. In establishing the minimum
allowable
| 8 | | amount, the Department shall take into account the services
| 9 | | essential to a dignified, low-cost (i) funeral and (ii) burial | 10 | | or
cremation, including reasonable
amounts that may be | 11 | | necessary for
burial space and cemetery charges, and any | 12 | | applicable taxes or other
required governmental fees or | 13 | | charges. If no
person has agreed to pay the total cost of the | 14 | | (i) funeral and
(ii) burial or cremation
charges, the | 15 | | Department shall pay the vendor the actual costs of the (i)
| 16 | | funeral
and
(ii) burial or cremation, or the minimum allowable | 17 | | amount for each service as
established by
the Department, | 18 | | whichever is less, provided that the Department reduces its
| 19 | | payments by
the amount available from the following sources: | 20 | | the decedent's assets
and
available resources and the | 21 | | anticipated amounts of any death benefits available
to the
| 22 | | decedent's estate, and amounts paid and arranged to be paid by | 23 | | the
decedent's legally
responsible relatives. A legally | 24 | | responsible relative is expected to pay
(i) funeral and (ii) | 25 | | burial
or cremation expenses unless financially unable to do | 26 | | so.
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| 1 | | Nothing contained in this Section or in any other Section | 2 | | of this
Code shall be construed to prohibit the Illinois | 3 | | Department (1) from
consolidating existing standards on the | 4 | | basis of any standards which are
or were in effect on, or | 5 | | subsequent to July 1, 1969, or (2) from
employing any | 6 | | consolidated standards in determining need for public
aid and | 7 | | the amount of money payment or grant for individual recipients
| 8 | | or recipient families.
| 9 | | (Source: P.A. 100-587, eff. 6-4-18.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 305 ILCS 5/4-2 | from Ch. 23, par. 4-2 | | 4 | | 305 ILCS 5/4-21 | | | 5 | | 305 ILCS 5/9A-7 | from Ch. 23, par. 9A-7 | | 6 | | 305 ILCS 5/12-4.11 | from Ch. 23, par. 12-4.11 |
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