State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_HB0448ham002

 










                                           LRB9203750DJgcam02

 1                     AMENDMENT TO HOUSE BILL 448

 2        AMENDMENT NO.     .  Amend House Bill 448, AS AMENDED, by
 3    replacing the title with the following:
 4        "AN  ACT  in  relation  to  assistance   for   low-income
 5    persons."; and

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 5. The Energy Assistance Act of 1989 is  amended
 9    by changing Section 6 as follows:

10        (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
11        Sec.  6.   Eligibility,  Conditions of Participation, and
12    Energy Assistance.
13        (a)  Any person  who  is  a  resident  of  the  State  of
14    Illinois  and  whose  household income is not greater than an
15    amount determined annually by the Department, in consultation
16    with the Policy Advisory Council, may  apply  for  assistance
17    pursuant   to   this   Act  in  accordance  with  regulations
18    promulgated  by  the  Department.  In  setting   the   annual
19    eligibility  level,  the Department shall consider the amount
20    of available funding and may not set a limit higher than  the
21    household  income  level  established  pursuant  to 42 U.S.C.
 
                            -2-            LRB9203750DJgcam02
 1    8624(b)(2)(B).  In the event  that  42  U.S.C.  8624(b)(2)(B)
 2    authorizes  more than one maximum household income level, the
 3    Department may set the eligibility level at  the  level  that
 4    results  in  the  largest  number  of  persons  eligible  for
 5    assistance.  150%  of  the  federal  nonfarm poverty level as
 6    established by the federal Office of Management and Budget.
 7        (b)  Applicants who qualify for  assistance  pursuant  to
 8    subsection   (a)   of   this   Section   shall,   subject  to
 9    appropriation  from  the  General  Assembly  and  subject  to
10    availability of  funds  to  the  Department,  receive  energy
11    assistance  as  provided  by  this Act.  The Department, upon
12    receipt of monies authorized pursuant to this Act for  energy
13    assistance,  shall  commit funds for each qualified applicant
14    in an amount determined by the  Department.   In  determining
15    the amounts of assistance to be provided to or on behalf of a
16    qualified  applicant,  the  Department  shall ensure that the
17    highest amounts of  assistance  go  to  households  with  the
18    greatest  energy  costs in relation to household income.  The
19    Department  shall  include  factors  such  as  energy  costs,
20    household size, household income, and  region  of  the  State
21    when  determining  individual household benefits.  In setting
22    assistance levels, the Department shall  attempt  to  provide
23    assistance to approximately the same number of households who
24    participated   in  the  1991  Residential  Energy  Assistance
25    Partnership  Program.   Such  assistance  levels   shall   be
26    adjusted  annually  on the basis of funding availability.  In
27    promulgating rules for the administration of this Section the
28    Department shall assure  that  a  minimum  of  1/3  of  funds
29    available  for  benefits  to  eligible  households  are  made
30    available   to   households   who  are  eligible  for  public
31    assistance and  that  elderly  and  disabled  households  are
32    offered a one-month application period.
33        (c)  If  the  applicant  is  not  a customer of an energy
34    provider for winter energy services or an applicant for  such
 
                            -3-            LRB9203750DJgcam02
 1    service,   such  applicant  shall  receive  a  direct  energy
 2    assistance payment in an amount established by the Department
 3    for all such applicants under this  Act;  provided,  however,
 4    that  such an applicant must have rental expenses for housing
 5    greater than 30% of household income.
 6        (d)  If  the  applicant  is  a  customer  of  an   energy
 7    provider,  such  applicant shall receive energy assistance in
 8    an  amount  established  by  the  Department  for  all   such
 9    applicants  under  this  Act,  such  amount to be paid by the
10    Department to the energy  provider  supplying  winter  energy
11    service to such applicant.  Such applicant shall:
12             (i)  make  all  reasonable  efforts  to apply to any
13        other appropriate source of public energy assistance; and
14             (ii)  sign a waiver  permitting  the  Department  to
15        receive  income  information  from  any public or private
16        agency providing income or energy assistance and from any
17        employer, whether public or private.
18        (e)  Any qualified applicant pursuant to this Section may
19    receive or have paid on such applicant's behalf an  emergency
20    assistance  payment to enable such applicant to obtain access
21    to winter energy services.  Any such payments shall  be  made
22    in accordance with regulations of the Department.
23    (Source: P.A. 91-936, eff. 1-10-01.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.".

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