093_SB1542enr

 
SB1542 Enrolled                      LRB093 05947 DRJ 06044 b

 1        AN ACT in relation to public health.

 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 Section 11-8 as follows:

 6        (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
 7        Sec. 11-8.  Appeals  -  to  whom  taken.   Applicants  or
 8    recipients  of  aid may, at any time within 60 days after the
 9    decision of the County Department or local governmental unit,
10    as the case may be, appeal a decision denying or  terminating
11    aid, or granting aid in an amount which is deemed inadequate,
12    or  changing,  cancelling,  revoking  or suspending grants as
13    provided  in  Section  11-16,  or  determining  to   make   a
14    protective  payment  under the provisions of Sections 3-5a or
15    4-9, or a decision  by  an  administrative  review  board  to
16    impose administrative safeguards as provided in Section 8A-8.
17    An  appeal  shall  also  lie when an application is not acted
18    upon within the time period after filing of  the  application
19    as provided by rule of the Illinois Department.
20        If  an  appeal  is  not  made,  the  action of the County
21    Department or local governmental unit shall be final.
22        Appeals by applicants or recipients under  Articles  III,
23    IV, or V shall be taken to the Illinois Department.
24        Appeals  by  applicants  or  recipients  under Article VI
25    shall be taken as follows:
26             (1)  In counties under township organization (except
27        such counties in which the governing authority is a Board
28        of Commissioners)  appeals  shall  be  to  a  Public  Aid
29        Committee consisting of the Chairman of the County Board,
30        and  4  members  who  are township supervisors of general
31        assistance, appointed by the Chairman,  with  the  advice
 
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 1        and consent of the county board.
 2             (2)  In  counties  in excess of 3,000,000 population
 3        and under township organization in  which  the  governing
 4        authority is a Board of Commissioners, appeals of persons
 5        from  government  units outside the corporate limits of a
 6        city, village or incorporated town of more  than  500,000
 7        population,  and of persons from incorporated towns which
 8        have superseded civil townships in respect to  aid  under
 9        Article  VI, shall be to the Cook County Townships Public
10        Aid Committee consisting of 2 township supervisors and  3
11        persons  knowledgeable  in the area of General Assistance
12        and the regulations of the Illinois Department pertaining
13        thereto and who are not officers, agents or employees  of
14        any  township, except that township supervisors may serve
15        as members of the Cook County  Township  Public  Aid  and
16        Committee.   The 5 member committee shall be appointed by
17        the township supervisors. The first appointments shall be
18        made with one person serving a one year term,  2  persons
19        serving  a  2  year  term, and 2 persons serving a 3 year
20        term.  Committee members shall thereafter  serve  3  year
21        terms.  In any appeal involving a local governmental unit
22        whose supervisor of general assistance is a member of the
23        Committee, such supervisor shall not act as a  member  of
24        the  Committee  for  the purposes of such appeal, and the
25        Committee shall select  another  township  supervisor  to
26        serve  as  an  alternate    member  for  that appeal. The
27        township whose action, inaction,  or  decision  is  being
28        appealed shall bear the expenses related to the appeal as
29        determined  by  the  Cook  County  Townships  Public  Aid
30        Committee.   A  township  supervisor's  compensation  for
31        general  assistance  or township related duties shall not
32        be considered an expense related to the appeal except for
33        expenses related to service on the Committee.
34             (3)  In counties described in paragraph (2)  appeals
 
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 1        of  persons  from a city, village or incorporated town of
 2        more than 500,000 population shall  be  to  the  Illinois
 3        Department.
 4             (4)  In  counties  not  under township organization,
 5        appeals shall be to the  County  Board  of  Commissioners
 6        which  shall for this purpose be the Public Aid Committee
 7        of the County.
 8        In counties designated in paragraph (1) the  Chairman  or
 9    President  of the County Board shall appoint, with the advice
10    and consent of  the  county  board,  one  or  more  alternate
11    members   of  the  Public  Aid  Committee.  All  regular  and
12    alternate members shall be Supervisors of General Assistance.
13    In any appeal  involving  a  local  governmental  unit  whose
14    Supervisor   of   General  Assistance  is  a  member  of  the
15    Committee, he  shall  be  replaced  for  that  appeal  by  an
16    alternate  member  designated by the Chairman or President of
17    the County Board, with the advice and consent of  the  county
18    board.  In  these  counties  not more than 3 of the 5 regular
19    appointees shall be  members  of  the  same  political  party
20    unless  the  political  composition of the Supervisors of the
21    General Assistance precludes such  a  limitation.   In  these
22    counties  at  least  one  member  of the Public Aid Committee
23    shall be a  person  knowledgeable  in  the  area  of  general
24    assistance  and  the  regulations  of the Illinois Department
25    pertaining thereto.  If no member of the Committee  possesses
26    such  knowledge,  the  Illinois Department shall designate an
27    employee of the Illinois Department having such knowledge  to
28    be present at the Committee hearings to advise the Committee.
29        In every county the County Board shall provide facilities
30    for  the conduct of hearings on appeals under Article VI. All
31    expenses incident to such hearings  shall  be  borne  by  the
32    county except that in counties under township organization in
33    which the governing authority is a Board of Commissioners (1)
34    the  salary and other expenses of the Commissioner of Appeals
 
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 1    shall be paid from General  Assistance  funds  available  for
 2    administrative  purposes,  and  (2)  all expenses incident to
 3    such hearings shall be borne by the township and the per diem
 4    and traveling expenses of the township supervisors serving on
 5    the Public Aid Committee shall be fixed  and  paid  by  their
 6    respective  townships.   In all other counties the members of
 7    the Public Aid Committee shall receive the  compensation  and
 8    expenses  provided  by  law for attendance at meetings of the
 9    County Board.
10        In appeals under Article VI involving a governmental unit
11    receiving State funds,  the  Public  Aid  Committee  and  the
12    Commissioner  of  Appeals  shall  be  bound  by the rules and
13    regulations of the Illinois Department which are relevant  to
14    the  issues on appeal, and shall file such reports concerning
15    appeals as the Illinois Department requests.
16        An appeal shall be without  cost  to  the  appellant  and
17    shall  be  made,  at the option of the appellant, either upon
18    forms provided and prescribed by the Illinois Department  or,
19    for  appeals to a Public Aid Committee, upon forms prescribed
20    by the County Board; or an appeal may be made  by  calling  a
21    toll-free  number  provided  for that purpose by the Illinois
22    Department and  providing  the  necessary  information.   The
23    Illinois   Department   may   assist   County   Boards  or  a
24    Commissioner of Appeals in the preparation of  appeal  forms,
25    or  upon request of a County Board or Commissioner of Appeals
26    may  furnish  such  forms.  County  Departments   and   local
27    governmental  units  shall render all possible aid to persons
28    desiring to make  an  appeal.   The  provisions  of  Sections
29    11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
30    (Source: P.A. 92-111, eff. 1-1-02.)

31        Section 99.  Effective date.  This Act takes effect upon
 
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 1    becoming law.