SB0103 95TH GENERAL ASSEMBLY

LRB095 04069 JAM 24107 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0103

Introduced 1/31/2007, by Sen. Chris Lauzen

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/1A-40 new
20 ILCS 3805/7.24i new
215 ILCS 170/20

Creates the State Employee Proof of Citizenship Act. Specifies proof of citizenship necessary to begin State employment. Amends the Election Code. Specifies the proof of citizenship necessary to register to vote and requires presentation of identification documents when a person votes. Amends the Illinois Housing Development Act. Provides that the Illinois Housing Development Authority shall not acquire, contract for, and enter into any commitment to acquire a residential mortgage from a lending institution and shall not make any loan to a lending institution or individual if the residential mortgage is for any individual who is not a citizen or legal resident of the United States. Amends the Covering ALL KIDS Health Insurance Act. Provides that to be eligible for the Covering ALL KIDS Health Insurance Program, a child must be a citizen of the United States. Effective July 1, 2007.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning citizenship.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the State Employee Proof of Citizenship Act.

Section 5. Proof of citizenship for State employment. No person may begin State employment on or after the effective date of this Act without providing the employing State officer or agency satisfactory proof of United States citizenship. Satisfactory proof of citizenship consists of those forms of proof enumerated in subsection (b) of Section 1A-40 of the Election Code.

Section 80. The Election Code is amended by adding Section 1A-40 as follows:

(10 ILCS 5/1A-40 new)

Sec. 1A-40. Citizenship.

(a) In addition to the other requirements of this Code, each voter registration application must include a statement that the applicant shall submit evidence of United States citizenship with the application and that the registrar shall reject the application if no evidence of citizenship is attached.

(b) The election authority shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship shall include any of the following:

(1) The number of the applicant's driver license or non-driver identification card issued after October 1, 1996 by the Secretary of State or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver license or non-driver identification card that the person has provided satisfactory proof of United States citizenship.

(2) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the election authority.

(3) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the election authority of the applicant's United States passport.

(4) A presentation to the election authority of the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Immigration and Naturalization Service by the election authority.

(5) Other documents or methods of proof that are established pursuant to the Immigration Reform and Control Act of 1986.

(6) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

(c) Notwithstanding subsection (b) of this Section, any person who is registered in this State on the effective date of this amendatory Act of the 95th General Assembly is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship unless the person is changing voter registration from one election jurisdiction to another.

(d) For the purposes of this Section, proof of voter registration from another state or election jurisdiction in this State is not satisfactory evidence of citizenship.

(e) A person who changes address within an election jurisdiction shall not be required to submit evidence of citizenship. After citizenship has been demonstrated to the election authority, the person is not required to resubmit satisfactory evidence of citizenship in that election jurisdiction.

(f) After a person has submitted satisfactory evidence of citizenship, the election authority shall indicate this information in the person's permanent voter file. After 2 years the election authority may destroy all documents that were submitted as evidence of citizenship.

(g) When requesting a ballot at a polling place or as an absentee voter, each voter shall present one form of identification that bears the name, address, and photograph of the elector or 2 different forms of identification that bear the name and address of the elector.

Section 85. The Illinois Housing Development Act is amended by adding Section 7.24i as follows:

(20 ILCS 3805/7.24i new)

Sec. 7.24i. Citizenship or legal residency required. Notwithstanding any other provision of law to the contrary, the Authority shall not acquire, contract for, and enter into any commitment to acquire a residential mortgage from a lending institution and shall not make any loan to a lending institution or individual if the residential mortgage is for any individual who is not a citizen or legal resident of the United States.

Section 90. The Covering ALL KIDS Health Insurance Act is amended by changing Section 20 as follows:

(215 ILCS 170/20)

(Section scheduled to be repealed on July 1, 2011)

Sec. 20. Eligibility.

(a) To be eligible for the Program, a person must be a child:

(1) who is a citizen of the United States and a resident of the State of Illinois; and

(2) who is ineligible for medical assistance under the Illinois Public Aid Code or benefits under the Children's Health Insurance Program Act; and

(3) either (i) who has been without health insurance coverage for a period set forth by the Department in rules, but not less than 6 months during the first month of operation of the Program, 7 months during the second month of operation, 8 months during the third month of operation, 9 months during the fourth month of operation, 10 months during the fifth month of operation, 11 months during the sixth month of operation, and 12 months thereafter, (ii) whose parent has lost employment that made available affordable dependent health insurance coverage, until such time as affordable employer-sponsored dependent health insurance coverage is again available for the child as set forth by the Department in rules, (iii) who is a newborn whose responsible relative does not have available affordable private or employer-sponsored health insurance, or (iv) who, within one year of applying for coverage under this Act, lost medical benefits under the Illinois Public Aid Code or the Children's Health Insurance Program Act.

An entity that provides health insurance coverage (as defined in Section 2 of the Comprehensive Health Insurance Plan Act) to Illinois residents shall provide health insurance data match to the Department of Healthcare and Family Services for the purpose of determining eligibility for the Program under this Act.

The Department of Healthcare and Family Services, in collaboration with the Department of Financial and Professional Regulation, Division of Insurance, shall adopt rules governing the exchange of information under this Section. The rules shall be consistent with all laws relating to the confidentiality or privacy of personal information or medical records, including provisions under the Federal Health Insurance Portability and Accountability Act (HIPAA).

(b) The Department shall monitor the availability and retention of employer-sponsored dependent health insurance coverage and shall modify the period described in subdivision (a)(3) if necessary to promote retention of private or employer-sponsored health insurance and timely access to healthcare services, but at no time shall the period described in subdivision (a)(3) be less than 6 months.

(c) The Department, at its discretion, may take into account the affordability of dependent health insurance when determining whether employer-sponsored dependent health insurance coverage is available upon reemployment of a child's parent as provided in subdivision (a)(3).

(d) A child who is determined to be eligible for the Program shall remain eligible for 12 months, provided that the child maintains his or her residence in this State, has not yet attained 19 years of age, and is not excluded under subsection (e).

(e) A child is not eligible for coverage under the Program if:

(1) the premium required under Section 40 has not been timely paid; if the required premiums are not paid, the liability of the Program shall be limited to benefits incurred under the Program for the time period for which premiums have been paid; if the required monthly premium is not paid, the child is ineligible for re-enrollment for a minimum period of 3 months; re-enrollment shall be completed before the next covered medical visit, and the first month's required premium shall be paid in advance of the next covered medical visit; or

(2) the child is an inmate of a public institution or an institution for mental diseases.

(f) The Department shall adopt eligibility rules, including, but not limited to: rules regarding annual renewals of eligibility for the Program; rules providing for re-enrollment, grace periods, notice requirements, and hearing procedures under subdivision (e)(1) of this Section; and rules regarding what constitutes availability and affordability of private or employer-sponsored health insurance, with consideration of such factors as the percentage of income needed to purchase children or family health insurance, the availability of employer subsidies, and other relevant factors.

(Source: P.A. 94-693, eff. 7-1-06.)

Section 999. Effective date. This Act takes effect July 1, 2007.