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92_HB3131eng HB3131 Engrossed LRB9201926WHcs 1 AN ACT in relation to human services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 2. The Mental Health and Developmental 5 Disabilities Administrative Act is amended by changing 6 Sections 4.3 and 52 as follows: 7 (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3) 8 Sec. 4.3. Site visits and inspections. 9 (a) (Blank).Each facility under the jurisdiction of10the Department shall be subject to a site visit at least once11during each biennium by the Citizens Council on Mental Health12and Developmental Disabilities as provided in Section 11A-713of the Legislative Commission Reorganization Act of 1984, as14now or hereafter amended.15 (b) The Department shall establish a system of annual 16 on-site inspections of each facility under its jurisdiction. 17 The inspections shall be conducted by the Department's 18 central office to: 19 (1) Determine facility compliance with Department 20 policies and procedures; 21 (2) Determine facility compliance with audit 22 recommendations; 23 (3) Evaluate facility compliance with applicable 24 federal standards; 25 (4) Review and follow up on complaints made by 26 community mental health agencies and advocates, and on 27 findings of the Human Rights Authority division of the 28 Guardianship and Advocacy Commission; and 29 (5) Review administrative and management problems 30 identified by other sources. 31 (Source: P.A. 86-1013.) HB3131 Engrossed -2- LRB9201926WHcs 1 (20 ILCS 1705/52) (from Ch. 91 1/2, par. 100-52) 2 Sec. 52.The Citizens Council on Mental Health and3Developmental Disabilities shall monitor the Department's4plan development process.After publication of the annual 5 plan, or any amendment thereto, the Department shall make 6 copies available to the public and to Statewide citizen and 7 professional organizations as well as to each legislative 8 commission having review or advisory authority in the areas 9 of mental health or developmental disabilities. The public, 10 the citizen and professional organizations and legislative 11 commission shall be given an opportunity to comment upon the 12 plan, or amendments thereto. 13 Within 60 days after publication of the annual plan or of 14 any substantial amendments thereto, the Department shall hold 15 a public hearing in each administrative region of the State. 16 The Department shall respond to any comments, recommendations 17 or testimony presented at such hearings or communicated to 18 the Department in writing. Such comments, recommendations 19 and testimony as well as the responses of the Department 20 shall be abstracted and published in the annual plan for the 21 succeeding year. 22 Amendments to an annual plan which relate only to 23 state-operated facilities, services or programs delivered to 24 a single region of the State require a public hearing only in 25 that region. 26 When there are budgetary or other changes in programs or 27 services of the Department which are inconsistent with the 28 annual plan in effect, the Department shall submit to the 29 General Assembly, the Citizens Council on Mental Health and30Developmental Disabilities, and to any commission subject to 31 notice of amendments under this Section, a detailed statement 32 of such deviation and its consequences. 33 (Source: P.A. 86-922.) HB3131 Engrossed -3- LRB9201926WHcs 1 (20 ILCS 1705/58 rep.) 2 Section 3. The Mental Health and Developmental 3 Disabilities Administrative Act is amended by repealing 4 Section 58. 5 (20 ILCS 2425/Act rep.) 6 Section 4. The Hearing Impaired and Behavior Disordered 7 Children Services Act is repealed. 8 (20 ILCS 3940/Act rep.) 9 Section 5. The General Assistance Job Opportunities Act 10 is repealed. 11 (20 ILCS 3957/Act rep.) 12 Section 7. The Home and Community-Based Services Act is 13 repealed. 14 Section 8. The Legislative Commission Reorganization Act 15 of 1984 is amended by changing Section 11A-7 as follows: 16 (25 ILCS 130/11A-7) (from Ch. 63, par. 1011A-7) 17 Sec. 11A-7. The Citizens Assembly, under the direction 18 of the Citizens Council on Mental Health and Developmental 19 Disabilities, shall: 20 (a) Review, comment and make recommendations upon the 21 following:all plans and policies of the Department of Human22Services relating to mental health and developmental23disabilities;allotherplans, including long range plans 24 developed by the Governor or any officer, agency, committee 25 or other group designated to do planning for the State in the 26 areas of mental health or developmental disabilities, 27 including alcoholism and drug addiction; and the impact of 28 such plans on the programs and services provided by units of 29 local government, school districts and private agencies in HB3131 Engrossed -4- LRB9201926WHcs 1 such areas. The Citizens Assembly may adopt its own 2 recommendations for a statewide plan or for limited plans on 3 a regional, programmatic or other basis in such areas. The 4 Citizens Assembly may review and comment upon any plans, 5 proposals or grant applications made on behalf of the State 6 to the federal government or to private organizations in such 7 areas; 8 (b) (Blank);Review the operations, administration,9execution of policy and implementation of State law by the10Department of Human Services in relation to mental health and11developmental disabilities and by any other State agency12providing services or administering programs in the areas of13mental health or developmental disabilities, including14alcoholism and drug addiction. The Citizens Assembly shall15monitor the following activities of the Department of Human16Services and such other agencies insofar as they relate to17mental health or developmental disabilities: the delivery of18all direct services; the administration of grant and purchase19of service programs; and any licensing, enforcement or review20powers.21As a part of the review under this subsection (b), the22Citizens Council on Mental Health and Developmental23Disabilities shall conduct, at least once during each24biennium, an examination of each facility under the25jurisdiction of the Department of Human Services as described26in Section 4 of the Mental Health and Developmental27Disabilities Administrative Act. The examination shall28include, but not be limited to, at least one site visit to29review the facility's operations, patient care provided by30the facility, and the physical condition of the facility's31buildings and grounds. The examination shall also include an32analysis of the following indices of care:33(1) The percentage of patients and residents34returning for inpatient treatment within 30 and 60 daysHB3131 Engrossed -5- LRB9201926WHcs 1of discharge, in relation to the documentation of2readiness for discharge and quality of discharge3planning.4(2) The facility's ability to insure continuity of5care by linkage rates and access to patients for6community providers.7(3) Overcrowding; that is, the number of days on8which the facility's census exceeded its functional bed9capacity.10(4) The level of clinical services as measured by11the number of credentialed staff, evidence of structured12therapeutic activity, and the number of admissions in13relation to the number of beds in the facility.14(5) Employee turnover.15(6) The incidence of assaults on patients or16residents of the facility.17(7) Recidivism.18In carrying out its examination, the Citizens Council19shall solicit evaluations and comments from patient and20resident family and advocacy groups.21The Citizens Assembly shall also review the utilization22of State appropriated funds and federal and private grants by23the Department of Human Services or such other agencies24relating to mental health and developmental disabilities;25 (c) Study the progress and problems of the 26 hospitalization, care, treatment and training of the mentally 27 afflicted and persons with a developmental disability; 28 (d) Study the need for further codification or revision 29 of the laws relating to mental health and developmental 30 disabilities, and make such recommendations to the General 31 Assembly; 32 (e) Study all germane factors in an effort to determine 33 the improvements necessary to raise the mental health of the 34 citizens of Illinois to a desirable level; HB3131 Engrossed -6- LRB9201926WHcs 1 (f) Advise the Governor concerning the choice of a 2 person to be appointed Associate Secretary of Human Services 3 with authority over the functions exercised by the Department 4 of Human Services as successor to the Department of Mental 5 Health and Developmental Disabilities, if such a person is 6 appointed; 7 (g) Meet regularly with the Secretary of Human Services 8 and regularly consult with the Psychiatric Advisory Council. 9 The Citizens Assembly may advise the Secretary on all matters 10 relating to the policy and administration of mental health 11 and developmental disability services in this State. 12 (Source: P.A. 88-380; 89-507, eff. 7-1-97.) 13 Section 10. The Public Officer Prohibited Activities Act 14 is amended by changing Section 1 as follows: 15 (50 ILCS 105/1) (from Ch. 102, par. 1) 16 Sec. 1. County board. No member of a county board, 17 during the term of office for which he or she is elected, may 18 be appointed to, accept, or hold any office other than (i) 19 chairman of the county board or member of the regional 20 planning commission by appointment or election of the board 21 of which he or she is a member or (ii) alderman of a city or 22 member of the board of trustees of a village or incorporated 23 town if the city, village, or incorporated town has fewer 24 than 1,000 inhabitants and is located in a county having 25 fewer than 50,000 inhabitants, unless he or she first resigns 26 from the office of county board member or unless the holding 27 of another office is authorized by law. Any such prohibited 28 appointment or election is void. This Section shall not 29 preclude a member of the county board from being selected or 30 from servingas a member of the County Personnel Advisory31Board as provided in Section 12-17.2 of the Illinois Public32Aid Code,as a member of a County Extension Board as provided HB3131 Engrossed -7- LRB9201926WHcs 1 in Section 7 of the County Cooperative Extension Law, as a 2 member of an Emergency Telephone System Board as provided in 3 Section 15.4 of the Emergency Telephone System Act, or as 4 appointed members of the board of review as provided in 5 Section 6-30 of the Property Tax Code. Nothing in this Act 6 shall be construed to prohibit an elected county official 7 from holding elected office in another unit of local 8 government so long as there is no contractual relationship 9 between the county and the other unit of local government. 10 This amendatory Act of 1995 is declarative of existing law 11 and is not a new enactment. 12 (Source: P.A. 91-732, eff. 1-1-01.) 13 Section 15. The Illinois Municipal Code is amended by 14 changing Section 11-43-2 as follows: 15 (65 ILCS 5/11-43-2) (from Ch. 24, par. 11-43-2) 16 Sec. 11-43-2. Taxes levied by any municipality having a 17 population of 500,000 or more for general assistance for 18 persons in need thereof as provided in The Illinois Public 19 Aid Code, as now or hereafter amended, for each fiscal year 20 shall not exceed the rate of .10% upon the value of all 21 property therein as that property is equalized or assessed by 22 the Department of Revenue. Nor shall the rate produce in 23 excess of the amount needed in that municipality for general 24 assistance for persons in need thereof. 25 All money received from these taxes and moneys collected 26 or recovered by or in behalf of the municipality under The 27 Illinois Public Aid Code shall be used exclusively for the 28 furnishing of general assistance within the municipality; for 29 the payment of administrative costs thereof; and for the 30 payment of warrants issued against and in anticipation of the 31 general assistance taxes, and accrued interest thereon. Until 32 January 1, 1974, the treasurer of the municipality, shall pay HB3131 Engrossed -8- LRB9201926WHcs 1 all moneys received from general assistance taxes and all the 2 moneys collected or recovered by or in behalf of the 3 municipality under The Illinois Public Aid Code into the 4 special fund in the county treasury established pursuant to 5 Section 12-21.14 of that Code. After December 31, 1973, but 6 not later than June 30, 1979, the treasurer of the 7 municipality shall pay all moneys received from general 8 assistance taxes and collections or recoveries directly into 9 the Special Purposes Trust Fund established by Section 12-10 10 of The Illinois Public Aid Code. After June 30, 1979, moneys 11 and funds designated by this Section shall be paid into the 12 General Revenue Fund as reimbursement for appropriated funds 13 disbursedas provided in Section 12-18.4 of the Illinois14Public Aid Code. 15 Upon the filing with the county clerk of a certified copy 16 of an ordinance levying such taxes, the county clerk shall 17 extend the taxes upon the books of the collector of state and 18 county taxes within that municipality in the manner provided 19 in Section 8-3-1 for the extension of municipal taxes. 20 (Source: P.A. 81-1509.) 21 Section 20. The Illinois Public Aid Code is amended by 22 changing Sections 1-7, 1-8, 2-6, 2-13, 3-1a, 3-11, 4-1, 23 4-1.1, 4-1.2a, 4-1.2c, 4-1.6, 4-1.10, 4-2, 4-8, 4-17, 6-1, 24 6-1.2, 6-1.3a, 6-2, 6-11, 9-1, 9-5, 9-6, 9-6.1, 9-6.2, 9A-3, 25 9A-5, 9A-13, 11-3, 11-6.1, 11-8, 11-8.7, 11-9, 11-15, 11-17, 26 11-20, 11-22, 11-22a, 12-2, 12-3, 12-4.4, 12-4.7, 12-4.8, 27 12-4.17, 12-4.24a, 12-5, 12-8, 12-10.3, 12-13, 12-13.05, 28 12-19, 12-19.2, 12-19.3, 12-21.10, 12-21.14, and 12-21.20 as 29 follows: 30 (305 ILCS 5/1-7) (from Ch. 23, par. 1-7) 31 Sec. 1-7. (a) For purposes of determining eligibility 32 for assistance under this Code, the Illinois Department, HB3131 Engrossed -9- LRB9201926WHcs 1 County Departments, and local governmental units shall 2 exclude from consideration restitution payments, including 3 all income and resources derived therefrom, made to persons 4 of Japanese or Aleutian ancestry pursuant to the federal 5 Civil Liberties Act of 1988 and the Aleutian and Pribilof 6 Island Restitution Act, P.L. 100-383. 7 (b) For purposes of any program or form of assistance 8 where a person's income or assets are considered in 9 determining eligibility or level of assistance, whether under 10 this Code or another authority, neither the State of Illinois 11 nor any entity or person administering a program wholly or 12 partially financed by the State of Illinois or any of its 13 political subdivisions shall include restitution payments, 14 including all income and resources derived therefrom, made 15 pursuant to the federal Civil Liberties Act of 1988 and the 16 Aleutian and Pribilof Island Restitution Act, P.L. 100-383, 17 in the calculation of income or assets for determining 18 eligibility or level of assistance. 19 (c) For purposes of determining eligibility for or the 20 amount of assistance under this Code, except for the 21 determination of eligibility for payments or programs under 22 the TANF employment, education, and training programsJob23Opportunity and Basic Skills Programand the Food Stamp 24 Employment and Training Program, the Illinois Department, 25 County Departments, and local governmental units shall 26 exclude from consideration any financial assistance received 27 under any student aid program administered by an agency of 28 this State or the federal government, by a person who is 29 enrolled as a full-time or part-time student of any public or 30 private university, college, or community college in this 31 State. 32 (Source: P.A. 87-565; 88-436.) 33 (305 ILCS 5/1-8) HB3131 Engrossed -10- LRB9201926WHcs 1 Sec. 1-8. Fugitives ineligible. 2 (a) The following persons are not eligible for aid under 3 this Code, or federal food stamps or federal food stamp 4 benefits: 5 (1) A person who has fled from the jurisdiction of 6 any court of record of this or any other state or of the 7 United States to avoid prosecution for a felony or to 8 avoid giving testimony in any criminal proceeding 9 involving the alleged commission of a felony. 10 (2) A person who has fled to avoid imprisonment in 11 a correctional facility of this or any other state or the 12 United States for having committed a felony. 13 (3) A person who has escaped from a correctional 14 facility of this or any other state or the United States 15 if the person was incarcerated for having committed a 16 felony. 17 (4) A person who is violating a condition of 18 probation or parole imposed under federal or State law. 19 In this Section, "felony" means a violation of a penal 20 statute of this or any other state or the United States for 21 which a sentence to death or to a term of imprisonment in a 22 penitentiary for one year or more is provided. 23 To implement this Section, the Illinois Department may 24 exchange necessary information with an appropriate law 25 enforcement agency of this or any other state, a political 26 subdivision of this or any other state, or the United States. 27 (b) (Blank).The Illinois Department shall apply for all28waivers of federal law and regulations necessary to implement29this Section, and implementation of this Section is30contingent on the Illinois Department's receipt of those31waivers.32 (Source: P.A. 89-489, eff. 1-1-97; 90-17, eff. 7-1-97.) 33 (305 ILCS 5/2-6) (from Ch. 23, par. 2-6) HB3131 Engrossed -11- LRB9201926WHcs 1 Sec. 2-6. "Financial aid". A money or vendor payment to 2 or in behalf of a recipient for basic maintenance support or 3 medical assistance provided under Articles III, IV, V, and VI 4and VII. 5 (Source: Laws 1967, p. 122.) 6 (305 ILCS 5/2-13) (from Ch. 23, par. 2-13) 7 Sec. 2-13. "County department". The Department of Human 8 Services local office or officesCounty Department of Public9Aidin each county in this State. 10 (Source: Laws 1967, p. 122.) 11 (305 ILCS 5/3-1a) (from Ch. 23, par. 3-1a) 12 Sec. 3-1a. Interim Assistance. 13 (a) (Blank).The interim assistance program previously14administered under this Article is abolished effective15September 1, 1995. Persons receiving interim assistance16before September 1, 1995 may apply for and receive State17Transitional Assistance benefits under Section 6-11 of this18Code if they meet the eligibility criteria under that program19as revised by this amendatory Act of 1995. Notwithstanding20any other Section of this Code, the Illinois Department is21authorized to cancel interim assistance and related medical22benefits for all clients effective September 1, 1995 and23require former recipients of interim assistance to reapply24for State Transitional Assistance and any related medical25benefits. Applications filed on July 1, 1995 and thereafter26shall not be considered under the interim assistance program27but shall be considered only under the State Transitional28Assistance program, as revised by this amendatory Act of291995.30 (b) The Illinois Department may establish, by rule, an 31 advocacy program to help clients pursue Supplemental Security 32 Income applications and, if the client is found ineligible HB3131 Engrossed -12- LRB9201926WHcs 1 for Supplemental Security Income initially, to help the 2 client pursue the Supplemental Security Income 3 reconsideration and appeal process. This program may be 4 limited to specific geographic areas. 5 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.) 6 (305 ILCS 5/3-11) (from Ch. 23, par. 3-11) 7 Sec. 3-11. Fraudulent transfer of real property. 8 A transfer of any legal or equitable interest in real 9 property, whether vested, contingent, or inchoate, by a 10 person who is or has been a recipient, including any such 11 transfers prior to application which would have initially 12 disqualified the person as provided in Section 3-1.3, shall, 13 under any of the following conditions, be deemed prima facie 14 fraudulent as to the Illinois Department. 15 (1.) Where the deed or assignment has not been recorded 16 or registered by the grantee, trustee, or assignee 17 (2.) When the deed or assignment, even though recorded 18 or registered, fails to state the consideration 19 (3.) When the consideration for the deed or assignment, 20 even though recorded or registered, is not paid 21 (4.) When the consideration for the deed or assignment, 22 even though recorded or registered, does not approximate the 23 fair, cash market value. 24 The Attorney General, upon request of the Illinois 25 Department, shall file suit to rescind any such transfer or 26 assignment of real property. Any aid furnished under this 27 Article, or under Articles V, VII, or VII-A of the 1949 Code28 shall be recoverable in any such proceeding from such person 29 or from his estate. 30 (Source: Laws 1967, p. 122.) 31 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1) 32 Sec. 4-1. Eligibility requirements. Financial aid in HB3131 Engrossed -13- LRB9201926WHcs 1 meeting basic maintenance requirements for a livelihood 2 compatible with health and well-being shall be given under 3 this Article to or in behalf of families with dependent 4 children who meet the eligibility conditions of Sections 5 4-1.1 through 4-1.11. Persons who meet the eligibility 6 criteria authorized under this Article shall be treated 7 equally, provided that nothing in this Article shall be 8 construed to create an entitlement to a particular grant or 9 service level or to aid in amounts not authorized under this 10 Code, nor construed to limit the authority of the General 11 Assembly to change the eligibility requirements or provisions 12 respecting assistance amounts. 13 The Illinois Department shall advise every applicant for 14 and recipient of aid under this Article of (i) the 15 requirement that all recipients move toward self-sufficiency 16 and (ii) the value and benefits of employment. As a 17 condition of eligibility for that aid, every person who 18 applies for aid under this Article on or after the effective 19 date of this amendatory Act of 1995 shall prepare and submit, 20 as part of the application or subsequent redetermination, a 21 personal plan for achieving employment and self-sufficiency. 22 The plan shall incorporate the individualized assessment and 23 employability plan set out in subsections (d), (f), and (g) 24 of Section 9A-8. The plan may be amended as the recipient's 25 needs change. The assessment process to develop the plan 26 shall include questions that screen for domestic violence 27 issues and steps needed to address these issues may be part 28 of the plan. If the individual indicates that he or she is a 29 victim of domestic violence, he or she may also be referred 30 to an available domestic violence program. Failure of the 31 client to follow through on the personal plan for employment 32 and self-sufficiency may be a basis for sanction under 33 Section 4-21.The Illinois Department may implement this34paragraph through the use of emergency rules in accordanceHB3131 Engrossed -14- LRB9201926WHcs 1with Section 5-45 of the Illinois Administrative Procedure2Act. For purposes of the Illinois Administrative Procedure3Act, the adoption of rules to implement this paragraph shall4be considered an emergency and necessary for the public5interest, safety, and welfare.6The eligibility of persons who, on the effective date of7this Code, are receiving aid under Article VI of the 19498Code, for aid under this Article, and the continuity of their9grants, shall not be affected by the enactment of this Code.10 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.) 11 (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1) 12 Sec. 4-1.1. Child age eligibility. 13 (a) Every assistance unit must include a child, except 14 as provided in subsections (b) and (c). The child or 15 children must have already been born and be under age 18, or, 16 if age 18, must be a full-time student in a secondary school 17 or the equivalent level of vocational or technical training. 18 (b) Grants shall be provided for assistance units 19 consisting exclusively of a pregnant woman with no dependent 20 child, and may include her husband if living with her, if the 21 pregnancy has been determined by medical diagnosis, to the22extent that federal law permits and federal matching funds23are available. 24 (c) Grants may be provided for assistance units 25 consisting of only adults if all the children living with 26 those adults are disabled and receive Supplemental Security 27 Income. 28 (Source: P.A. 90-14, eff. 7-1-97; 90-17, eff. 7-1-97.) 29 (305 ILCS 5/4-1.2a) (from Ch. 23, par. 4-1.2a) 30 Sec. 4-1.2a. Residents of public institutions. 31 Residents of municipal, county, state or national 32 institutions for persons with mental illness or persons with HB3131 Engrossed -15- LRB9201926WHcs 1 a developmental disability or for the tuberculous, or 2 residents of a home or other institution maintained by such 3 governmental bodies when not in need of institutional care 4 because of sickness, convalescence, infirmity, or chronic 5 illness, and inmates of penal or correctional institutions 6 maintained by such governmental bodies, may qualify for aid 7 under this Article only after they have ceased to be 8 residents or inmates., but they may apply in advance of their9discharge. Applications received from residents scheduled10for discharge from such institutions shall be processed by11the Department in an expeditious manner. For persons whose12applications are approved, the earliest date of eligibility13shall be the date of release from the institution.14 A person shall not be deemed a resident of a State 15 institution for persons with mental illness or persons with a 16 developmental disability within the meaning of this Section 17 if he or she has been conditionally discharged by the 18 Department of Mental Health and Developmental Disabilities or 19 the Department of Human Services (acting as successor to the 20 Department of Mental Health and Developmental Disabilities) 21 and is no longer residing in the institution. 22 Recipients of benefits under this Article who become 23 residents of such institutions shall be permitted a period of 24 up to 30 days in such institutions without suspension or 25 termination of eligibility. Benefits for which such person is 26 eligible shall be restored, effective on the date of 27 discharge or release, for persons who are residents of 28 institutions. Within a reasonable time after the discharge of 29 a person who was a resident of an institution, the Department 30 shall redetermine the eligibility of such person. 31 The Department shall provide for procedures to expedite 32 the determination of incapacity or ability to engage in 33 employment of persons scheduled to be discharged from 34 facilities operated by the Department. HB3131 Engrossed -16- LRB9201926WHcs 1If federal law or regulations governing grants under this2Article permit the inclusion of persons who are residents of3institutions designated in this Section beyond the period4authorized herein, the Illinois Department, upon a5determination that the appropriations for public aid are6sufficient for such purpose, and upon approval of the7Governor, may provide by general and uniform rule for the8waiver of the provisions of this Section which would9otherwise disqualify such person for aid under this Article.10 (Source: P.A. 88-380; 89-507, eff. 7-1-97.) 11 (305 ILCS 5/4-1.2c) 12 Sec. 4-1.2c. Residence of child who is pregnant or a 13 parent. 14 (a) Notwithstanding any other provision of this Code, no 15 aid shall be paid under this Article on behalf of a person 16 under age 18 who has never married and who has a child or is 17 pregnant, unless that person resides with a parent, legal 18 guardian, or other adult relative or in a foster home, 19 maternity home, or other adult-supervised living arrangement. 20 (b) The Illinois Department may make an exception to the 21 requirement of subsection (a)as authorized under the federal22Family Support Act of 1988 orin any of the following 23 circumstances: 24 (1) The person has no living parent or legal 25 guardian, or the parent's or legal guardian's whereabouts 26 are unknown. 27 (2) The Illinois Department determines that the 28 physical health or safety of the person or the person's 29 child would be jeopardized. 30 (3) The person has lived apart from the parent or 31 legal guardian for a period of at least one year before 32 the child's birth or before applying for aid under this 33 Article. HB3131 Engrossed -17- LRB9201926WHcs 1 (c) (Blank).The Illinois Department may implement this2Section through the use of emergency rules in accordance with3Section 5-45 of the Illinois Administrative Procedure Act.4For purposes of the Illinois Administrative Procedure Act,5the adoption of rules to implement this Section shall be6considered an emergency and necessary for the public7interest, safety, and welfare.8 (Source: P.A. 89-6, eff. 3-6-95.) 9 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6) 10 Sec. 4-1.6. Need. Income available to the family as 11 defined by the Illinois Department by rule, or to the child 12 in the case of a child removed from his or her home, when 13 added to contributions in money, substance or services from 14 other sources, including income available from parents absent 15 from the home or from a stepparent, contributions made for 16 the benefit of the parent or other persons necessary to 17 provide care and supervision to the child, and contributions 18 from legally responsible relatives, must be insufficient to 19 equal the grant amount established by Department regulation 20 for such a person. 21 In considering income to be taken into account, 22 consideration shall be given to any expenses reasonably 23 attributable to the earning of such income. The Illinois 24 Department may also, subject to such limitations as may be25prescribed by federal law or regulation,permit all or any 26 portion of earned or other income to be set aside for the 27 future identifiable needs of a child.If federal law or28regulations permit or require exemption of other income of29recipients,The Illinois Department may provide by rule and 30 regulation for the exemptions thus permitted or required. 31 The eligibility of any applicant for or recipient of public 32 aid under this Article is not affected by the payment of any 33 grant under the "Senior Citizens and Disabled Persons HB3131 Engrossed -18- LRB9201926WHcs 1 Property Tax Relief and Pharmaceutical Assistance Act" or any 2 distributions or items of income described under subparagraph 3 (X) of paragraph (2) of subsection (a) of Section 203 of the 4 Illinois Income Tax Act. 5 The Illinois Department may, by rule, set forth criteria 6 under which an assistance unit is ineligible for cash 7 assistance under this Article for a specified number of 8 months due to the receipt of a lump sum payment. 9 (Source: P.A. 90-17, eff. 7-1-97; 91-676, eff. 12-23-99.) 10 (305 ILCS 5/4-1.10) (from Ch. 23, par. 4-1.10) 11 Sec. 4-1.10. Acceptance of Assignment to Job Search, 12 Training and Work Programs. An individual for whom the job 13 search, training and work programs established under Article 14 IXA are applicable must accept assignment to such programs. 15The Illinois Department shall seek a waiver of federal law16and regulations to operate a job search program, under which17every person determined eligible for aid under this Article18who has a high school education or its equivalent or a prior19work history as defined by rule and whose youngest child is20at least 5 years of age but less than 13 years of age shall21be required to participate in a job search program until22employment is secured or for 6 months after the date of23approval, whichever is less. This Section shall be operative24only to the extent that it does not conflict with the Federal25Social Security Act, or any other federal law or federal26regulation governing the receipt of federal grants for aid27provided under this Article.The Illinois Department and the 28 local governmental unit shall determine, pursuant to rules 29 and regulations, sanctions for persons failing to comply with 30 the requirements under this Section. However, no participant 31 shall be sanctioned for failure to satisfy job search 32 requirements before a full assessment of the participant's 33 job readiness and employability, except that for those HB3131 Engrossed -19- LRB9201926WHcs 1 persons subject to the job search program operated under this 2 Section an assessment as defined by rule at the time of 3 intake will meet the assessment requirement. No participant 4 shall be sanctioned for failure to satisfy the minimum number 5 of employer contacts if the participant made a good faith 6 effort. 7The Illinois Department may implement the changes made by8this amendatory Act of 1995 through the use of emergency9rules in accordance with Section 5-45 of the Illinois10Administrative Procedure Act. For purposes of the Illinois11Administrative Procedure Act, the adoption of rules to12implement these changes shall be considered an emergency and13necessary for the public interest, safety, and welfare.14 (Source: P.A. 89-6, eff. 3-6-95.) 15 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2) 16 Sec. 4-2. Amount of aid. 17 (a) The amount and nature of financial aid shall be 18 determined in accordance with the grant amounts, rules and 19 regulations of the Illinois Department. Due regard shall be 20 given to the self-sufficiency requirements of the family and 21 to the income, money contributions and other support and 22 resources available, from whatever source.Beginning July 1,231992, the supplementary grants previously paid under this24Section shall no longer be paid.However, the amount and 25 nature of any financial aid is not affected by the payment of 26 any grant under the "Senior Citizens and Disabled Persons 27 Property Tax Relief and Pharmaceutical Assistance Act" or any 28 distributions or items of income described under subparagraph 29 (X) of paragraph (2) of subsection (a) of Section 203 of the 30 Illinois Income Tax Act. The aid shall be sufficient, when 31 added to all other income, money contributions and support to 32 provide the family with a grant in the amount established by 33 Department regulation. HB3131 Engrossed -20- LRB9201926WHcs 1 (b) The Illinois Department may conduct special 2 projects, which may be known as Grant Diversion Projects, 3 under which recipients of financial aid under this Article 4 are placed in jobs and their grants are diverted to the 5 employer who in turn makes payments to the recipients in the 6 form of salary or other employment benefits. The Illinois 7 Department shall by rule specify the terms and conditions of 8 such Grant Diversion Projects. Such projects shall take into 9 consideration and be coordinated with the programs 10 administered under the Illinois Emergency Employment 11 Development Act. 12 (c) The amount and nature of the financial aid for a 13 child requiring care outside his own home shall be determined 14 in accordance with the rules and regulations of the Illinois 15 Department, with due regard to the needs and requirements of 16 the child in the foster home or institution in which he has 17 been placed. 18 (d) If the Department establishes grants for family 19 units consisting exclusively of a pregnant woman with no 20 dependent child or including her husband if living with her, 21 the grant amount for such a unit shall be equal to the grant 22 amount for an assistance unit consisting of one adult, or 2 23 persons if the husband is included. Other than as herein 24 described, an unborn child shall not be counted in 25 determining the size of an assistance unit or for calculating 26 grants. 27 Payments for basic maintenance requirements of a child or 28 children and the relative with whom the child or children are 29 living shall be prescribed, by rule, by the Illinois 30 Department. 31These grants may be increased in the following circumstances:321. If the child is living with both parents or with33persons standing in the relationship of parents, and if34the grant is necessitated because of the unemployment orHB3131 Engrossed -21- LRB9201926WHcs 1insufficient earnings of the parent or parents and2neither parent is receiving benefits under "The3Unemployment Compensation Act", approved June 30, 1937,4as amended, the maximum may be increased by not more than5$25.62. If a child is age 13 or over, the maximum may be7increased by not more than $15.8The allowances provided under Article IX for recipients9participating in the training and rehabilitation programs10shall be in addition to the maximum payments established in11this Section.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 15 with whom the child or children are living, except for such 16 amount as is paid in behalf of the child or his parent or 17 other relative to other persons or agencies pursuant to this 18 Code or the rules and regulations of the Illinois Department. 19 (f) An assistance unit, receiving financial aid under 20 this Article or temporarily ineligible to receive aid under 21 this Article under a penalty imposed by the Illinois 22 Department for failure to comply with the eligibility 23 requirements or that voluntarily requests termination of 24 financial assistance under this Article and becomes 25 subsequently eligible for assistance within 9 months, shall 26 not receive any increase in the amount of aid solely on 27 account of the birth of a child; except that an increase is 28 not prohibited when the birth is (i) of a child of a pregnant 29 woman who became eligible for aid under this Article during 30 the pregnancy, or (ii) of a child born within 10 months after 31 the date of implementation of this subsection, or (iii) of a 32 child conceived after a family became ineligible for 33 assistance due to income or marriage and at least 3 months of 34 ineligibility expired before any reapplication for HB3131 Engrossed -22- LRB9201926WHcs 1 assistance. This subsection does not, however, prevent a 2 unit from receiving a general increase in the amount of aid 3 that is provided to all recipients of aid under this Article. 4 The Illinois Department is authorized to transfer funds, 5 and shall use any budgetary savings attributable to not 6 increasing the grants due to the births of additional 7 children, to supplement existing funding for employment and 8 training services for recipients of aid under this Article 9 IV. The Illinois Department shall target, to the extent the 10 supplemental funding allows, employment and training services 11 to the families who do not receive a grant increase after the 12 birth of a child. In addition, the Illinois Department shall 13 provide, to the extent the supplemental funding allows, such 14 families with up to 24 months of transitional child care 15 pursuant to Illinois Department rules. All remaining 16 supplemental funds shall be used for employment and training 17 services or transitional child care support. 18 In making the transfers authorized by this subsection, 19 the Illinois Department shall first determine, pursuant to 20 regulations adopted by the Illinois Department for this 21 purpose, the amount of savings attributable to not increasing 22 the grants due to the births of additional children. 23 Transfers may be made from General Revenue Fund 24 appropriations for distributive purposes authorized by 25 Article IV of this Code only to General Revenue Fund 26 appropriations for employability development services 27 including operating and administrative costs and related 28 distributive purposes under Article IXA of this Code. The 29 Director, with the approval of the Governor, shall certify 30 the amount and affected line item appropriations to the State 31 Comptroller. 32The Illinois Department shall apply for all waivers of33federal law and regulations necessary to implement this34subsection; implementation of this subsection is contingentHB3131 Engrossed -23- LRB9201926WHcs 1on the Illinois Department receiving all necessary federal2waivers. The Illinois Department may implement this3subsection through the use of emergency rules in accordance4with Section 5-45 of the Illinois Administrative Procedure5Act. For purposes of the Illinois Administrative Procedure6Act, the adoption of rules to implement this subsection shall7be considered an emergency and necessary for the public8interest, safety, and welfare.9 Nothing in this subsection shall be construed to prohibit 10 the Illinois Department from using funds under this Article 11 IV to provide assistance in the form of vouchers that may be 12 used to pay for goods and services deemed by the Illinois 13 Department, by rule, as suitable for the care of the child 14 such as diapers, clothing, school supplies, and cribs. 15 (g) (Blank). 16 (h) Notwithstanding any other provision of this Code, 17 the Illinois Department is authorized to reduce payment 18 levels used to determine cash grants under this Article after 19 December 31 of any fiscal year if the Illinois Department 20 determines that the caseload upon which the appropriations 21 for the current fiscal year are based have increased by more 22 than 5% and the appropriation is not sufficient to ensure 23 that cash benefits under this Article do not exceed the 24 amounts appropriated for those cash benefits. Reductions in 25 payment levels may be accomplished by emergency rule under 26 Section 5-45 of the Illinois Administrative Procedure Act, 27 except that the limitation on the number of emergency rules 28 that may be adopted in a 24-month period shall not apply and 29 the provisions of Sections 5-115 and 5-125 of the Illinois 30 Administrative Procedure Act shall not apply. Increases in 31 payment levels shall be accomplished only in accordance with 32 Section 5-40 of the Illinois Administrative Procedure Act. 33 Before any rule to increase payment levels promulgated under 34 this Section shall become effective, a joint resolution HB3131 Engrossed -24- LRB9201926WHcs 1 approving the rule must be adopted by a roll call vote by a 2 majority of the members elected to each chamber of the 3 General Assembly. 4 (Source: P.A. 90-17, eff. 7-1-97; 90-372, eff. 7-1-98; 5 90-655, eff. 7-30-98; 91-676, eff. 12-23-99.) 6 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8) 7 Sec. 4-8. Mismanagement of assistance grant. 8 (a) If the County Department has reason to believe that 9 the money payment for basic maintenance is not being used, or 10 may not be used, in the best interests of the child and the 11 family and that there is present or potential damage to the 12 standards of health and well-being that the grant is intended 13 to assure, the County Department shall provide the parent or 14 other relative with the counseling and guidance services with 15 respect to the use of the grant and the management of other 16 funds available to the family as may be required to assure 17 use of the grant in the best interests of the child and 18 family. The Illinois Department shall by rule prescribe 19 criteria which shall constitute evidence of grant 20 mismanagement. The criteria shall include but not be limited 21 to the following: 22 (1) A determination that a child in the assistance 23 unit is not receiving proper and necessary support or 24 other care for which assistance is being provided under 25 this Code. 26 (2) A record establishing that the parent or 27 relative has been found guilty of public assistance fraud 28 under Article VIIIA. 29 (3) A determination by an appropriate person, 30 entity, or agency that the parent or other relative 31 requires treatment for alcohol or substance abuse, mental 32 health services, or other special care or treatment. 33 The Department shall at least consider non-payment of HB3131 Engrossed -25- LRB9201926WHcs 1 rent for two consecutive months as evidence of grant 2 mismanagement by a parent or relative of a recipient who is 3 responsible for making rental payments for the housing or 4 shelter of the child or family, unless the Department 5 determines that the non-payment is necessary for the 6 protection of the health and well-being of the recipient. The 7 County Department shall advise the parent or other relative 8 grantee that continued mismanagement will result in the 9 application of one of the sanctions specified in this 10 Section. 11 The Illinois Department shall consider irregular school 12 attendance by children of school age grades 1 through 8, as 13 evidence of lack of proper and necessary support or care. 14 The Department may extend this consideration to children in 15 grades higher than 8. 16 The Illinois Department shall develop preventive programs 17 in collaboration with school and social service networks to 18 encourage school attendance of children receiving assistance 19 under Article IV. To the extent that Illinois Department and 20 community resources are available, the programs shall serve 21 families whose children in grades 1 through 8 are not 22 attending school regularly, as defined by the school. The 23 Department may extend these programs to families whose 24 children are in grades higher than 8. The programs shall 25 include referrals from the school to a social service 26 network, assessment and development of a service plan by one 27 or more network representatives, and the Illinois 28 Department's encouragement of the family to follow through 29 with the service plan. Families that fail to follow the 30 service plan as determined by the service provider, shall be 31 subject to the protective payment provisions of this Section 32 and Section 4-9 of this Code. 33 Families for whom a protective payment plan has been in 34 effect for at least 3 months and whose school children HB3131 Engrossed -26- LRB9201926WHcs 1 continue to regularly miss school shall be subject to 2 sanction under Section 4-21. The sanction shall continue 3 until the children demonstrate satisfactory attendance, as 4 defined by the school. To the extent necessary to implement 5 this Section, the Illinois Department shall seek appropriate 6 waivers of federal requirements from the U.S. Department of 7 Health and Human Services. 8The Illinois Department may implement the amendatory9changes to this Section made by this amendatory Act of 199510through the use of emergency rules in accordance with the11provisions of Section 5-45 of the Illinois Administrative12Procedure Act. For purposes of the Illinois Administrative13Procedure Act, the adoption of rules to implement the14amendatory changes to this Section made by this amendatory15Act of 1995 shall be deemed an emergency and necessary for16the public interest, safety, and welfare.17 (b) In areas of the State where clinically appropriate 18 substance abuse treatment capacity is available, if the local 19 office has reason to believe that a caretaker relative is 20 experiencing substance abuse, the local office shall refer 21 the caretaker relative to a licensed treatment provider for 22 assessment. If the assessment indicates that the caretaker 23 relative is experiencing substance abuse, the local office 24 shall require the caretaker relative to comply with all 25 treatment recommended by the assessment. If the caretaker 26 relative refuses without good cause, as determined by rules 27 of the Illinois Department, to submit to the assessment or 28 treatment, the caretaker relative shall be ineligible for 29 assistance, and the local office shall take one or more of 30 the following actions: 31 (i) If there is another family member or friend who 32 is ensuring that the family's needs are being met, that 33 person, if willing, shall be assigned as protective 34 payee. HB3131 Engrossed -27- LRB9201926WHcs 1 (ii) If there is no family member or close friend 2 to serve as protective payee, the local office shall 3 provide for a protective payment to a substitute payee as 4 provided in Section 4-9. The Department also shall 5 determine whether a referral to the Department of 6 Children and Family Services is warranted and, if 7 appropriate, shall make the referral. 8 (iii) The Department shall contact the individual 9 who is thought to be experiencing substance abuse and 10 explain why the protective payee has been assigned and 11 refer the individual to treatment. 12 (c) This subsection (c) applies to cases other than 13 those described in subsection (b). If the efforts to correct 14 the mismanagement of the grant have failed, the County 15 Department, in accordance with the rules and regulations of 16 the Illinois Department, shall initiate one or more of the 17 following actions: 18 1. Provide for a protective payment to a substitute 19 payee, as provided in Section 4-9. This action may be 20 initiated for any assistance unit containing a child 21 determined to be neglected by the Department of Children 22 and Family Services under the Abused and Neglected Child 23 Reporting Act, and in any case involving a record of 24 public assistance fraud. 25 2. Provide for issuance of all or part of the grant 26 in the form of disbursing orders. This action may be 27 initiated in any case involving a record of public 28 assistance fraud, or upon the request of a substitute 29 payee designated under Section 4-9. 30 3. File a petition under the Juvenile Court Act of 31 1987 for an Order of Protection under Section 2-25, 2-26, 32 3-26, 3-27, 4-23, 4-24, 5-730, or 5-735 of that Act. 33 4. Institute a proceeding under the Juvenile Court 34 Act of 1987 for the appointment of a guardian or legal HB3131 Engrossed -28- LRB9201926WHcs 1 representative for the purpose of receiving and managing 2 the public aid grant. 3 5. If the mismanagement of the grant, together with 4 other factors, has rendered the home unsuitable for the 5 best welfare of the child, file a neglect petition under 6 the Juvenile Court Act of 1987, requesting the removal of 7 the child or children. 8 (Source: P.A. 90-17, eff. 7-1-97; 90-249, eff. 1-1-98; 9 90-590, eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff. 10 7-29-99.) 11 (305 ILCS 5/4-17) 12 Sec. 4-17. Targeted jobs TANFDemonstrationproject:13employment. 14 (a) The Illinois Department shallseek a waiver of15federal law and regulations to allow the Illinois Department16tooperate a targeted jobs TANFAFDC demonstrationproject 17 under which individuals whose youngest child is 13 years of 18 age or older shall be required to seek and accept employment. 19 Cash assistance for these individuals shall be limited to 24 20 months unless the individual is working, as defined by rule, 21 or is participating in a pay-after-performance program. 22excluded from the work requirement based on criteria to be23established by rule. After 24 months of assistance without24work, the individual shall be ineligible for assistance for a25period of 24 months. An individual who does not cooperate26with the job search, education, or work requirements shall be27subject to sanctions to be defined by rule.The addition to 28 the household of a child under 13 years of age or the birth 29 of a child more than 10 months after enrollment into the 30 targeted jobs TANF projecttime-limited demonstrationshall 31 not extend the period of eligibility. 32 (b) (Blank).Furthermore, the Illinois Department shall33seek an additional waiver of federal law and regulationsHB3131 Engrossed -29- LRB9201926WHcs 1under which, for cases in this demonstration, an assistance2unit (other than an assistance unit consisting exclusively of3a pregnant woman with no child) receiving financial aid under4this Article, or a family unit that is temporarily ineligible5for aid under this Article under a sanction imposed by the6Illinois Department for failure to cooperate, shall not7receive, on account of the birth of a child, any increase in8the amount of that aid. This subsection does not, however,9prevent a unit from receiving a general increase in the10amount of aid that is provided to all recipients of aid under11this Article.12 (c) (Blank).The Illinois Department shall report to the13General Assembly on or before January 1, 1996 as to the14status of the request for federal waivers and the status of15the proposed implementation of this demonstration project.16 (Source: P.A. 89-6, eff. 3-6-95; 89-626, eff. 8-9-96.) 17 (305 ILCS 5/6-1) (from Ch. 23, par. 6-1) 18 Sec. 6-1. Eligibility requirements. Financial aid in 19 meeting basic maintenance requirements shall be given under 20 this Article to or in behalf of persons who meet the 21 eligibility conditions of Sections 6-1.1 through 6-1.10. In 22 addition, each unit of local government subject to this 23 Article shall provide persons receiving financial aid in 24 meeting basic maintenance requirements with financial aid for 25 either (a) necessary treatment, care, and supplies required 26 because of illness or disability, or (b) acute medical 27 treatment, care, and supplies only. If a local governmental 28 unit elects to provide financial aid for acute medical 29 treatment, care, and supplies only, the general types of 30 acute medical treatment, care, and supplies for which 31 financial aid is provided shall be specified in the general 32 assistance rules of the local governmental unit, which rules 33 shall provide that financial aid is provided, at a minimum, HB3131 Engrossed -30- LRB9201926WHcs 1 for acute medical treatment, care, or supplies necessitated 2 by a medical condition for which prior approval or 3 authorization of medical treatment, care, or supplies is not 4 required by the general assistance rules of the Illinois 5 Department. Nothing in this Article shall be construed to 6 permit the granting of financial aid where the purpose of 7 such aid is to obtain an abortion, induced miscarriage or 8 induced premature birth unless, in the opinion of a 9 physician, such procedures are necessary for the preservation 10 of the life of the woman seeking such treatment, or except an 11 induced premature birth intended to produce a live viable 12 child and such procedure is necessary for the health of the 13 mother or her unborn child. 14Until August 1, 1969, children who require care outside15their own homes, where no other sources of funds or16insufficient funds are available to provide the necessary17care, are included among persons eligible for aid under this18Article. After July 31, 1969, the Department of Children and19Family Services shall have the responsibility of providing20child welfare services to such children, as provided in21Section 5 of "An Act creating the Department of Children and22Family Services, codifying its powers and duties, and23repealing certain Acts and Sections herein named", approved24June 4, 1963, as amended.25In cities, villages and incorporated towns of more than26500,000 population, the Illinois Department may establish a27separate program under this Article. The 2 programs shall be28differentiated, but the placement of persons under both29programs shall be based upon their ability or inability to30engage in employment in accordance with the rules and31regulations promulgated by the Illinois Department. In32establishing rules and regulations for determining whether a33person is able to engage in employment, the Illinois34Department may establish rules different than those set outHB3131 Engrossed -31- LRB9201926WHcs 1under Section 11-20. In determining need and the amount of2aid under Sections 6-1.2 and 6-2 for the 2 programs, the3Illinois Department may establish different standards for the42 programs based upon the specific needs of the different5populations to be served by the 2 programs. The Illinois6Department may enter into contracts with entities to7establish work or training related projects under the program8established for persons determined to be able to engage in9employment.10 (Source: P.A. 89-646, eff. 1-1-97.) 11 (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2) 12 Sec. 6-1.2. Need. Income available to the person, when 13 added to contributions in money, substance, or services from 14 other sources, including contributions from legally 15 responsible relatives, must be insufficient to equal the 16 grant amount established by Department regulation (or by 17 local governmental unit in units which do not receive State 18 funds) for such a person. 19 In determining income to be taken into account: 20 (1) The first $75 of earned income in income 21 assistance units comprised exclusively of one adult 22 person shall be disregarded, and for not more than 3 23 months in any 12 consecutive months that portion of 24 earned income beyond the first $75 that is the difference 25 between the standard of assistance and the grant amount, 26 shall be disregarded. 27 (2) For income assistance units not comprised 28 exclusively of one adult person, when authorized by rules 29 and regulations of the Illinois Department, a portion of 30 earned income, not to exceed the first $25 a month plus 31 50% of the next $75, may be disregarded for the purpose 32 of stimulating and aiding rehabilitative effort and 33 self-support activity. HB3131 Engrossed -32- LRB9201926WHcs 1 "Earned income" means money earned in self-employment or 2 wages, salary, or commission for personal services performed 3 as an employee. The eligibility of any applicant for or 4 recipient of public aid under this Article is not affected by 5 the payment of any grant under the "Senior Citizens and 6 Disabled Persons Property Tax Relief and Pharmaceutical 7 Assistance Act", any refund or payment of the federal Earned 8 Income Tax Credit, or any distributions or items of income 9 described under subparagraph (X) of paragraph (2) of 10 subsection (a) of Section 203 of the Illinois Income Tax Act. 11If federal laws or regulations applicable to persons12receiving assistance under Articles III or IV of this Code13permit or require the exemption of earned income in excess of14the foregoing limitation on earned income exemptions or15permit or require the exemption of certain other income and16resources, the Illinois Department, may, by rule, authorize17comparable exemptions in determining need under this Section.18 (Source: P.A. 90-457, eff. 1-1-98; 91-676, eff. 12-23-99.) 19 (305 ILCS 5/6-1.3a) (from Ch. 23, par. 6-1.3a) 20 Sec. 6-1.3a. Residents of public institutions. 21 Residents of municipal, county, state or national 22 institutions for persons with mental illness or persons with 23 a developmental disability or for the tuberculous, or 24 residents of a home or other institution maintained by such 25 governmental bodies when not in need of institutional care 26 because of sickness, convalescence, infirmity, or chronic 27 illness, and inmates of penal or correctional institutions 28 maintained by such governmental bodies, may qualify for aid 29 under this Article only after they have ceased to be 30 residents or inmates., but they may apply in advance of their31discharge. Applications received from residents scheduled for32discharge from such institutions shall be processed by the33Department in an expeditious manner. For persons whoseHB3131 Engrossed -33- LRB9201926WHcs 1applications are approved, the earliest date of eligibility2shall be the date of release from the institution.3 A person shall not be deemed a resident of a state 4 institution for persons with mental illness or persons with a 5 developmental disability within the meaning of this Section 6 if he has been conditionally discharged by the Department of 7 Mental Health and Developmental Disabilities or the 8 Department of Human Services (acting as successor to the 9 Department of Mental Health and Developmental Disabilities) 10 and is no longer residing in the institution. 11 Recipients of benefits under this Article who become 12 residents of such institutions shall be permitted a period of 13 up to 30 days in such institutions without suspension or 14 termination of eligibility. Benefits for which such person is 15 eligible shall be restored, effective on the date of 16 discharge or release, for persons who are residents of 17 institutions. Within a reasonable time after the discharge 18 of a person who was a resident of an institution, the 19 Department shall redetermine the eligibility of such person. 20 The Department shall provide for procedures to expedite 21 the determination of ability to engage in employment of 22 persons scheduled to be discharged from facilities operated 23 by the Department. 24If federal law or regulations governing grants under this25Article permit the inclusion of persons who are residents of26institutions designated in this Section beyond the period27authorized herein, the Illinois Department, upon a28determination that the appropriations for public aid are29sufficient for such purpose, and upon approval of the30Governor, may provide by general and uniform rule for the31waiver of the provisions of this Section which would32otherwise disqualify such person for aid under this Article.33 (Source: P.A. 88-380; 89-507, eff. 7-1-97.) HB3131 Engrossed -34- LRB9201926WHcs 1 (305 ILCS 5/6-2) (from Ch. 23, par. 6-2) 2 Sec. 6-2. Amount of aid. The amount and nature of 3 General Assistance for basic maintenance requirements shall 4 be determined in accordance with local budget standards for 5 local governmental units which do not receive State funds. 6 For local governmental units which do receive State funds, 7 the amount and nature of General Assistance for basic 8 maintenance requirements shall be determined in accordance 9 with the standards, rules and regulations of the Illinois 10 Department.Beginning July 1, 1992, the supplementary grants11previously paid under this Section shall no longer be paid.12 However, the amount and nature of any financial aid is not 13 affected by the payment of any grant under the Senior 14 Citizens and Disabled Persons Property Tax Relief and 15 Pharmaceutical Assistance Act or any distributions or items 16 of income described under subparagraph (X) of paragraph (2) 17 of subsection (a) of Section 203 of the Illinois Income Tax 18 Act. Due regard shall be given to the requirements and the 19 conditions existing in each case, and to the income, money 20 contributions and other support and resources available, from 21 whatever source. In local governmental units which do not 22 receive State funds, the grant shall be sufficient when added 23 to all other income, money contributions and support in 24 excess of any excluded income or resources, to provide the 25 person with a grant in the amount established for such a 26 person by the local governmental unit based upon standards 27 meeting basic maintenance requirements. In local 28 governmental units which do receive State funds, the grant 29 shall be sufficient when added to all other income, money 30 contributions and support in excess of any excluded income or 31 resources, to provide the person with a grant in the amount 32 established for such a person by Department regulation based 33 upon standards providing a livelihood compatible with health 34 and well-being, as directed by Section 12-4.11 of this Code. HB3131 Engrossed -35- LRB9201926WHcs 1 The Illinois Department may conduct special projects, 2 which may be known as Grant Diversion Projects, under which 3 recipients of financial aid under this Article are placed in 4 jobs and their grants are diverted to the employer who in 5 turn makes payments to the recipients in the form of salary 6 or other employment benefits. The Illinois Department shall 7 by rule specify the terms and conditions of such Grant 8 Diversion Projects. Such projects shall take into 9 consideration and be coordinated with the programs 10 administered under the Illinois Emergency Employment 11 Development Act. 12 The allowances provided under Article IX for recipients 13 participating in the training and rehabilitation programs 14 shall be in addition to such maximum payment. 15 Payments may also be made to provide persons receiving 16 basic maintenance support with necessary treatment, care and 17 supplies required because of illness or disability or with 18 acute medical treatment, care, and supplies. Payments for 19 necessary or acute medical care under this paragraph may be 20 made to or in behalf of the person. Obligations incurred for 21 such services but not paid for at the time of a recipient's 22 death may be paid, subject to the rules and regulations of 23 the Illinois Department, after the death of the recipient. 24 (Source: P.A. 90-372, eff. 7-1-98; 91-676, eff. 12-23-99.) 25 (305 ILCS 5/6-11) (from Ch. 23, par. 6-11) 26 Sec. 6-11. State funded General Assistance. 27 (a) Effective July 1, 1992, all State funded General 28 Assistance and related medical benefits shall be governed by 29 this Section. Other parts of this Code or other laws related 30 to General Assistance shall remain in effect to the extent 31 they do not conflict with the provisions of this Section. If 32 any other part of this Code or other laws of this State 33 conflict with the provisions of this Section, the provisions HB3131 Engrossed -36- LRB9201926WHcs 1 of this Section shall control. 2 (b) State funded General Assistance shall consist of 2 3 separate programs. One program shall be for adults with no 4 children and shall be known as State Transitional Assistance. 5 The other program shall be for families with children and for 6 pregnant women and shall be known as State Family and 7 Children Assistance. 8 (c) (1) To be eligible for State Transitional Assistance 9 on or after July 1, 1992, an individual must be ineligible 10 for assistance under any other Article of this Code, must be 11 determined chronically needy, and must be one of the 12 following: 13 (A) age 18 or over or 14 (B) married and living with a spouse, regardless of 15 age. 16 (2) The Illinois Department or the local governmental 17 unit shall determine whether individuals are chronically 18 needy as follows: 19 (A) Individuals who have applied for Supplemental 20 Security Income (SSI) and are awaiting a decision on 21 eligibility for SSI who are determined disabled by the 22 Illinois Department using the SSI standard shall be 23 considered chronically needy, except that individuals 24 whose disability is based solely on substance addictions 25 (drug abuse and alcoholism) and whose disability would 26 cease were their addictions to end shall be eligible only 27 for medical assistance and shall not be eligible for cash 28 assistance under the State Transitional Assistance 29 program. 30 (B) If an individual has been denied SSI due to a 31 finding of "not disabled" (either at the Administrative 32 Law Judge level or above, or at a lower level if that 33 determination was not appealed), the Illinois Department 34 shall adopt that finding and the individual shall not be HB3131 Engrossed -37- LRB9201926WHcs 1 eligible for State Transitional Assistance or any related 2 medical benefits. Such an individual may not be 3 determined disabled by the Illinois Department for a 4 period of 12 months, unless the individual shows that 5 there has been a substantial change in his or her medical 6 condition or that there has been a substantial change in 7 other factors, such as age or work experience, that might 8 change the determination of disability. 9 (C) The Illinois Department, by rule, may specify 10 other categories of individuals as chronically needy; 11 nothing in this Section, however, shall be deemed to 12 require the inclusion of any specific category other than 13 as specified in paragraphs (A) and (B). 14 (3) For individuals in State Transitional Assistance, 15 medical assistance shall be provided in an amount and nature 16 determined by the Illinois Department of Public Aid by rule. 17 The amount and nature of medical assistance provided need not 18 be the same as that provided under paragraph (4) of 19 subsection (d) of this Section, and nothing in this paragraph 20 (3) shall be construed to require the coverage of any 21 particular medical service. In addition, the amount and 22 nature of medical assistance provided may be different for 23 different categories of individuals determined chronically 24 needy. 25 (4) The Illinois Department shall determine, by rule, 26 those assistance recipients under Article VI who shall be 27 subject to employment, training, or education programs 28 including Earnfare, the content of those programs, and the 29 penalties for failure to cooperate in those programs. 30 (5) The Illinois Department shall, by rule, establish 31 further eligibility requirements, including but not limited 32 to residence, need, and the level of payments. 33 (d) (1) To be eligible for State Family and Children 34 Assistance, a family unit must be ineligible for assistance HB3131 Engrossed -38- LRB9201926WHcs 1 under any other Article of this Code and must contain a child 2 who is: 3 (A) under age 18 or 4 (B) age 18 and a full-time student in a secondary 5 school or the equivalent level of vocational or technical 6 training, and who may reasonably be expected to complete 7 the program before reaching age 19. 8 Those children shall be eligible for State Family and 9 Children Assistance. 10 (2) The natural or adoptive parents of the child living 11 in the same household may be eligible for State Family and 12 Children Assistance. 13 (3) A pregnant woman whose pregnancy has been verified 14 shall be eligible for income maintenance assistance under the 15 State Family and Children Assistance program. 16 (4) The amount and nature of medical assistance provided 17 under the State Family and Children Assistance program shall 18 be determined by the Illinois Department of Public Aid by 19 rule. The amount and nature of medical assistance provided 20 need not be the same as that provided under paragraph (3) of 21 subsection (c) of this Section, and nothing in this paragraph 22 (4) shall be construed to require the coverage of any 23 particular medical service. 24 (5) The Illinois Department shall, by rule, establish 25 further eligibility requirements, including but not limited 26 to residence, need, and the level of payments. 27 (e) A local governmental unit that chooses to 28 participate in a General Assistance program under this 29 Section shall provide funding in accordance with Section 30 12-21.1312-21.3of this Act. Local governmental funds used 31 to qualify for State funding may only be expended for clients 32 eligible for assistance under this Section 6-11 and related 33 administrative expenses. 34 (f) In order to qualify for State funding under this HB3131 Engrossed -39- LRB9201926WHcs 1 Section, a local governmental unit shall be subject to the 2 supervision and the rules and regulations of the Illinois 3 Department. 4 (g) Notwithstanding any other provision in this Code, 5 the Illinois Department is authorized to reduce payment 6 levels used to determine cash grants provided to recipients 7 of State Transitional Assistance at any time within a Fiscal 8 Year in order to ensure that cash benefits for State 9 Transitional Assistance do not exceed the amounts 10 appropriated for those cash benefits. Changes in payment 11 levels may be accomplished by emergency rule under Section 12 5-45 of the Illinois Administrative Procedure Act, except 13 that the limitation on the number of emergency rules that may 14 be adopted in a 24-month period shall not apply and the 15 provisions of Sections 5-115 and 5-125 of the Illinois 16 Administrative Procedure Act shall not apply. This provision 17 shall also be applicable to any reduction in payment levels 18 made upon implementation of this amendatory Act of 1995. 19 (Source: P.A. 88-45; 89-21, eff. 7-1-95; 89-507, eff. 20 7-1-97.) 21 (305 ILCS 5/9-1) (from Ch. 23, par. 9-1) 22 Sec. 9-1. Declaration of Purpose. It is the purpose of 23 this Article to aid applicants for and recipients of public 24 aid under Articles III, IV, V, and VIand VII, to increase 25 their capacities for self-support, self-care, and responsible 26 citizenship, and to assist them in maintaining and 27 strengthening family life. If authorized pursuant to Section 28 9-8, this Article may be extended to former and potential 29 recipients and to persons whose income does not exceed the 30 standard established to determine eligibility for aid as a 31 medically indigent person under Article V. The Department, 32 with the written consent of the Governor, may also: 33 (a) extend this Article to individuals and their HB3131 Engrossed -40- LRB9201926WHcs 1 families with income closely related to national indices of 2 poverty who have special needs resulting from 3 institutionalization of a family member or conditions that 4 may lead to institutionalization or who live in impoverished 5 areas or in facilities developed to serve persons of low 6 income; 7 (b) establish, where indicated, schedules of payment for 8 service provided based on ability to pay; 9 (c) provide for the coordinated delivery of the services 10 described in this Article and related services offered by 11 other public or private agencies or institutions, and 12 cooperate with the Illinois Department on Aging to enable it 13 to properly execute and fulfill its duties pursuant to the 14 provisions of Section 4.01 of the "Illinois Act on the 15 Aging", as now or hereafter amended; 16 (d) provide in-home care services, such as chore and 17 housekeeping services or homemaker services, to recipients of 18 public aid under Articles IV and VI, the scope and 19 eligibility criteria for such services to be determined by 20 rule; and 21 (e) contract with other State agencies for the purchase 22 of social service under Title XX of the Social Security Act, 23 such services to be provided pursuant to such other agencies' 24 enabling legislation. 25 (f) cooperate with the Illinois Department of Public Aid 26 to provide services to public aid recipients for the 27 treatment and prevention of alcoholism and substance abuse. 28 (Source: P.A. 89-507, eff. 7-1-97.) 29 (305 ILCS 5/9-5) (from Ch. 23, par. 9-5) 30 Sec. 9-5. Educational programs; vocational training and 31 retraining. The Illinois Department, the County Departments, 32 and local governmental units shall cooperate with all public 33 or private education and vocational training or retraining HB3131 Engrossed -41- LRB9201926WHcs 1 agencies or facilities operating within this State, or making 2 their services available to residents of this State, to the 3 end that there may be developed all necessary education and 4 vocational training or retraining services and facilities 5 required to improve the skills of persons receiving aid under 6 Articles III, V, and VI, and VIIfor whom jobs are not 7 immediately available, or which will provide education, 8 training, and experience for persons who lack the skills 9 required for employment opportunities as are or may become 10 available. The education, training, or retraining services 11 and facilities shall assure that persons receiving this 12 assistance who are subject to participation shall become 13 enrolled in, and attend, programs that will lead to 14 graduation from high school or the equivalent when the 15 Illinois Department determines these programs will be 16 beneficial to the person in obtaining employment. 17 Participants in any educational or vocational training 18 program shall be provided with an extra allowance towards the 19 costs of their participation. 20 (Source: P.A. 86-1184; 86-1381; 87-528.) 21 (305 ILCS 5/9-6) (from Ch. 23, par. 9-6) 22 Sec. 9-6. Job Search, Training and Work Programs. The 23 Illinois Department and local governmental units shall 24 initiate, promote and develop job search, training and work 25 programs which will provide employment for and contribute to 26 the training and experience of persons receiving aid under 27 Articles III, V, and VI, and VII. 28 The job search, training and work programs shall be 29 designed to preserve and improve the work habits and skills 30 of recipients for whom jobs are not otherwise immediately 31 available and to provide training and experience for 32 recipients who lack the skills required for such employment 33 opportunities as are or may become available. The Illinois HB3131 Engrossed -42- LRB9201926WHcs 1 Department and local governmental unit shall determine by 2 rule those classes of recipients who shall be subject to 3 participation in such programs. If made subject to 4 participation, every applicant for or recipient of public aid 5 who is determined to be "able to engage in employment", as 6 defined by the Department or local governmental unit pursuant 7 to rules and regulations, for whom unsubsidized jobs are not 8 otherwise immediately available shall be required to 9 participate in any program established under this Section. 10 The Illinois Department shall establish with the Director 11 of Central Management Services an outreach and training 12 program designed to encourage and assist recipients 13 participating in job search, training and work programs to 14 participate in open competitive examinations for trainee and 15 other entry level positions to maximize opportunities for 16 placement on open competitive eligible listings and referral 17 to State agencies for employment consideration. 18 The Department shall provide payment for transportation, 19 day-care and Workers' Compensation costs which occur for 20 recipients as a result of participating in job search, 21 training and work programs as described in this Section. The 22 Department may decline to initiate such programs in areas 23 where eligible recipients would be so few in number as to not 24 economically justify such programs; and in this event the 25 Department shall not require persons in such areas to 26 participate in any job search, training, or work programs 27 whatsoever as a condition of their continued receipt of, or 28 application for, aid. 29 The programs may include, but shall not be limited to, 30 service in child care centers, in preschool programs as 31 teacher aides and in public health programs as home visitors 32 and health aides; the maintenance of or services required in 33 connection with public offices, buildings and grounds; state, 34 county and municipal hospitals, forest preserves, parks, HB3131 Engrossed -43- LRB9201926WHcs 1 playgrounds, streets and highways, and other governmental 2 maintenance or construction directed toward environmental 3 improvement; and similar facilities. 4 The Illinois Department or local governmental units may 5 enter into agreements with local taxing bodies and private 6 not-for-profit organizations, agencies and institutions to 7 provide for the supervision and administration of job search, 8 work and training projects authorized by this Section. Such 9 agreements shall stipulate the requirements for utilization 10 of recipients in such projects. In addition to any other 11 requirements dealing with the administration of these 12 programs, the Department shall assure, pursuant to rules and 13 regulations, that: 14 (a) Recipients may not displace regular employees. 15 (b) The maximum number of hours of mandatory work 16 is 8 hours per day and 40 hours per week, not to exceed 17 120 hours per month. 18 (c) The maximum number of hours per month shall be 19 determined by dividing the recipient's benefits by the 20 federal minimum wage, rounded to the lowest full hour. 21 "Recipient's benefits" in this subsection includes: (i) 22 both cash assistance and food stamps provided to the 23 entire assistance unit or household by the Illinois 24 Department where the job search, work and training 25 program is administered by the Illinois Department and, 26 where federal programs are involved, includes all such 27 cash assistance and food stamps provided to the greatest 28 extent allowed by federal law; or (ii) includes only cash 29 assistance provided to the entire assistance unit by the 30 local governmental unit where the job search, work and 31 training program is administered by the local 32 governmental unit. 33 (d) The recipient shall be provided or compensated 34 for transportation to and from the work location. HB3131 Engrossed -44- LRB9201926WHcs 1 (e) Appropriate terms regarding recipient 2 compensation are met. 3 Local taxing bodies and private not-for-profit 4 organizations, agencies and institutions which utilize 5 recipients in job search, work and training projects 6 authorized by this Section are urged to include such 7 recipients in the formulation of their employment policies. 8 Unless directly paid by an employing local taxing body or 9 not-for-profit agency, a recipient participating in a work 10 project who meets all requirements set forth by the Illinois 11 Department shall receive credit towards his or her monthly 12 assistance benefits for work performed based upon the 13 applicable minimum wage rate. Where a recipient is paid 14 directly by an employing agency, the Illinois Department or 15 local governmental unit shall provide for payment to such 16 employing entity the appropriate amount of assistance 17 benefits to which the recipient would otherwise be entitled 18 under this Code. 19 The Illinois Department or its designee, including local 20 governmental units, may enter into agreements with the 21 agencies or institutions providing work under programs 22 established hereunder for payment to each such employer 23 (hereinafter called "public service employer") of all or a 24 portion of the wages to be paid to persons for the work 25 performed and other appropriate costs. 26 If the number of persons receiving aid under Article VI 27 is insufficient to justify the establishment of job search, 28 training and work programs on a local basis by a local 29 governmental unit, or if for other good cause the 30 establishment of a local program is impractical or 31 unwarranted, the local governmental unit shall cooperate with 32 other local governmental units, with civic and non-profit 33 community agencies, and with the Illinois Department in 34 developing a program or programs which will jointly serve the HB3131 Engrossed -45- LRB9201926WHcs 1 participating governmental units and agencies. 2Wherever feasible the Illinois Department may make job3search, training and work programs established by it for4persons receiving aid under Articles III, V and VII available5also to recipients under Article VI.6 A local governmental unit receiving State funds shall 7 refer all recipients able to engage in employment to such job 8 search, training and work programs as are established, 9 whether within or without the governmental unit, and as are 10 accessible to persons receiving aid from the governmental 11 unit. The Illinois Department shall withhold allocation of 12 state funds to any governmental unit which fails or refuses 13 to make such referrals. 14 Participants in job search, training and work programs 15 shall be required to maintain current registration for 16 regular employment under Section 11-10 and to accept any bona 17 fide offer of regular employment. They shall likewise be 18 required to accept education, work and training opportunities 19 available to them under other provisions of this Code or 20 Federal law. The Illinois Department or local governmental 21 unit shall provide by rule for periodic review of the 22 circumstances of each participant to determine the 23 feasibility of his placement in regular employment or other 24 work, education and training opportunities. 25 Moneys made available for public aid purposes under 26 ArticlesIII,IV and, V,VI, and VIImay be expended to pay 27 public service employers all or a portion of the wages of 28 public service employees and other appropriate costs, to 29 provide necessary supervisory personnel and equipment, to 30 purchase Workers' Compensation Insurance or to pay Workers' 31 Compensation claims, and to provide transportation to and 32 from work sites. 33 The Department shall provide through rules and 34 regulations for sanctions against applicants and recipients HB3131 Engrossed -46- LRB9201926WHcs 1 of aid under this Code who fail to cooperate with the 2 regulations and requirements established pursuant to this 3 Section. Such sanctions may include the loss of eligibility 4 to receive aid under Article VI of this Code for up to 3 5 months. 6 The Department, in cooperation with a local governmental 7 unit, may maintain a roster of persons who are required to 8 participate in a local job search, training and work program. 9 In such cases, the roster shall be available for inspection 10 by employers for the selection of possible workers. 11 In addition to the programs authorized by this Section, 12 the Illinois Department is authorized to administer any job 13 search, training or work projects in conjunction with the 14 Federal Food Stamp Program, either under this Section or 15 under other regulations required by the Federal government. 16 The Illinois Department may also administer pilot 17 programs to provide job search, training and work programs to 18 unemployed parents of children receiving support services 19 under Article X of this Code. 20Beginning January 1, 1994, the Illinois Department shall21conduct an ongoing longitudinal study of the Department's22JOBS programs operated under the federal Family Support Act23and the Social Security Act. The study shall examine the24impact of the JOBS programs and supportive services upon the25participants' level of self-sufficiency, skills, earnings,26and welfare dependency in the short and long term. In27conducting this study, the Department shall utilize the data28collected by the Department to fulfill its responsibilities29under Section 9-6.01 of this Code and under 42 U.S.C. Sec.30687 and their implementing regulations, in addition to data31from the case files of the participants in the study. The32Department shall select a statistically valid random sample33of cases in its JOBS program and follow these cases from the34date of their initial enrollment in one of the JOBS programsHB3131 Engrossed -47- LRB9201926WHcs 1to the date on which they have not received cash assistance2under Article IV of this Code for at least 24 consecutive3months. To the extent that information or data necessary to4fulfill the requirements of this Section is available to or5in the possession or control of other State agencies, those6agencies, at the request of the Department, shall collect the7requested data or information and forward it to the8Department. The Department shall consult with the Social9Services Advisory Council in arriving at the specific10elements of the longitudinal study, the particular data to be11included in the study, and the contents of the reports that12the Department shall prepare based upon the study. The13Department shall collect at least the following categories of14data from the cases in the study sample: demographics,15employment history, welfare history, JOBS participation16history, child care and other supportive service utilization17history, child support status and child support enforcement18history, and Medicaid usage history. The Department shall19report the results of the study to the General Assembly on or20before January 1, 1997 and each year thereafter along with21recommendations for changes in the JOBS programs' structure22or funding based on the study's findings. The Department23shall create a data base that includes all of the information24collected for the study. The data base shall be available to25the public upon request. The Department may assign26individual identifying codes to the cases in the study sample27to preserve the anonymity of the recipients while making it28possible to distinguish and track the cases.29 (Source: P.A. 88-396.) 30 (305 ILCS 5/9-6.1) (from Ch. 23, par. 9-6.1) 31 Sec. 9-6.1. Housing Education Program. The Illinois 32 Department, upon consultation with and advice of the Citizens 33 Assembly/Council on Public Aid, shall establish, either HB3131 Engrossed -48- LRB9201926WHcs 1 directly or by contract, a pilot project for a housing 2 education program that will provide persons receiving aid 3 under Articles III, IV, V, and VIand VIIwith instructions 4 in the care and maintenance of dwelling units, in the 5 essentials of adequate housekeeping, and the problems of 6 urban living. If in accord with Federal law and regulations 7 governing grants to this State for public aid purposes, the 8 Department may require recipients to attend a housing 9 education program. Non-recipients to whom services have been 10 extended under the provisions of Section 9-8 may also attend 11 and participate in a housing education program established 12 hereunder. 13 (Source: P.A. 86-651.) 14 (305 ILCS 5/9-6.2) (from Ch. 23, par. 9-6.2) 15 Sec. 9-6.2. Township assistance to county convalescent 16 homes. In counties under township organization, the several 17 townships therein which do not receive State funds for 18 general assistanceor aid to the medically indigent under19Article VII of this Codemay provide, from moneys received 20 and collected for public aid to all persons eligible 21 therefor under Article VI of this Code, funds for the 22 operation costs of any county convalescent home in the 23 county, in addition to payment of patient expenses otherwise 24 provided for under this Code. No township which receives 25 State funds for general assistanceor aid to the medically26indigent under Article VII of this Codemay use moneys 27 received and collected for public aid for such assistance to 28 county convalescent homes. "County convalescent home" shall 29 refer to any facility that was established by a county 30 according to the provisions of Division 5-21 of the Counties 31 Code or its predecessor. 32 (Source: P.A. 86-1475.) HB3131 Engrossed -49- LRB9201926WHcs 1 (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3) 2 Sec. 9A-3. Establishment of Program and Level of 3 Services. 4 (a) The Illinois Department shall establish and maintain 5 a program to provide recipients with services consistent with 6 the purposes and provisions of this Article. The program 7 offered in different counties of the State may vary depending 8 on the resources available to the State to provide a program 9 under this Article, and no program may be offered in some 10 counties, depending on the resources available. Services may 11 be provided directly by the Illinois Department or through 12 contract, as allowed by federal law. References to the 13 Illinois Department or staff of the Illinois Department shall 14 include contractors when the Illinois Department has entered 15 into contracts for these purposes. The Illinois Department 16 shall provide each recipient who participates with such 17 services available under the program as are necessary to 18 achieve his employability plan as specified in the plan. 19 (b) The Illinois Department, in operating the program, 20 shall cooperate with public and private education and 21 vocational training or retraining agencies or facilities, the 22 Illinois State Board of Education, the Illinois Community 23 College Board, the Departments of Employment Security and 24 Commerce and Community Affairs or other sponsoring 25 organizations funded under the federal Job Training 26 Partnership Act and other public or licensed private 27 employment agencies. 28 (Source: P.A. 90-17, eff. 7-1-97.) 29 (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5) 30 Sec. 9A-5. Exempt recipients. 31 (a) Exempt recipients under Section 9A-4 may volunteer 32 to participate. 33 (b) Services will be offered to exempt and non-exempt HB3131 Engrossed -50- LRB9201926WHcs 1 individuals who wish to volunteer to participate only to the 2 extent resources permit. 3 (c) Exempt and non-exempt individuals who volunteer to 4 participate become program participants upon completion of 5 the initial assessment, development of the employability 6 plan, and assignment to a component. Volunteers who fail to 7 attend the orientation or initial assessment meetings or both 8 will not be sanctioned. Exempt and non-exempt individuals 9 who attend the orientation meeting and become program 10 participants by completing the initial assessment, 11 development of the employability plan, and assignment to a 12 component may be sanctioned if they do not meet program 13 requirements without good cause.The Illinois Department may14implement this amendatory Act of 1995 through the use of15emergency rules in accordance with Section 5-45 of the16Illinois Administrative Procedure Act. For purposes of the17Illinois Administrative Procedure Act, the adoption of rules18to implement this amendatory Act of 1995 shall be considered19an emergency and necessary for the public interest, safety20and welfare.21 (Source: P.A. 89-289, eff. 1-1-96.) 22 (305 ILCS 5/9A-13) 23 Sec. 9A-13. Work activity; anti-displacement provisions. 24 (a) As used in this Section "work activity" means any 25 workfare, earnfare, pay-after-performance, 26 work-off-the-grant, work experience, or other activity under 27 SectionSections9A-9, 9A-12,or any other Section of this 28 Code in which a recipient of public assistance performs work 29 for any employer as a condition of receiving the public 30 assistance, and the employer does not pay wages for the work; 31 or as any grant diversion, wage supplementation, or similar 32 program in which the public assistance grant is provided to 33 the employer as a subsidy for the wages of any recipient in HB3131 Engrossed -51- LRB9201926WHcs 1 its workforce. 2 (b) An employer may not utilize a work activity 3 participant if such utilization would result in: 4 (1) the displacement or partial displacement of 5 current employees, including but not limited to a 6 reduction in hours of non-overtime or overtime work, 7 wages, or employment benefits; or 8 (2) the filling of a position that would otherwise 9 be a promotional opportunity for current employees; or 10 (3) the filling of a position created by or causing 11 termination, layoff, a hiring freeze, or a reduction in 12 the workforce; or 13 (4) the placement of a participant in any 14 established unfilled vacancy; or 15 (5) the performance of work by a participant if 16 there is a strike, lockout, or other labor dispute in 17 which the employer is engaged. 18 (c) An employer who wishes to utilize work activity 19 participants shall, at least 15 days prior to utilizing such 20 participants, notify the labor organization of the name, work 21 location, and the duties to be performed by the participant. 22 (d) The Department of Human Services shall establish a 23 grievance procedure for employees and labor organizations to 24 utilize in the event of any alleged violation of this 25 Section. Notwithstanding the above, a labor organization may 26 utilize the established grievance or arbitration procedure in 27 its collective bargaining agreement to contest violations of 28 this Section. 29 (Source: P.A. 90-17, eff. 7-1-97.) 30 (305 ILCS 5/11-3) (from Ch. 23, par. 11-3) 31 Sec. 11-3. Assignment and attachment of aid prohibited. 32 Except as provided below in this Section and in Section 33 11-3.3, all financial aid given under Articles III, IV, V, HB3131 Engrossed -52- LRB9201926WHcs 1 and VIand VIIand money payments for child care services 2 provided by a child care provider under Articles IX and IXA 3 shall not be subject to assignment, sale, attachment, 4 garnishment, or otherwise. Provided, however, that a medical 5 vendor may use his right to receive vendor payments as 6 collateral for loans from financial institutions so long as 7 such arrangements do not constitute any activity prohibited 8 under Section 1902(a)(32) of the Social Security Act and 9 regulations promulgated thereunder, or any other applicable 10 laws or regulations. Provided further, however, that a 11 medical or other vendor or a service provider may assign, 12 reassign, sell, pledge or grant a security interest in any 13 such financial aid, vendor payments or money payments or 14 grants which he has a right to receive to the Illinois Health 15 Facilities Authority, in connection with any financing 16 program undertaken by the Illinois Health Facilities 17 Authority, or to the Illinois Development Finance Authority, 18 in connection with any financing program undertaken by the 19 Illinois Development Finance Authority. Each Authority may 20 utilize a trustee or agent to accept, accomplish, effectuate 21 or realize upon any such assignment, reassignment, sale, 22 pledge or grant on that Authority's behalf. Provided further, 23 however, that nothing herein shall prevent the Illinois 24 Department from collecting any assessment, fee, interest or 25 penalty due under Article V-A, V-B, V-C, or V-E by 26 withholding financial aid as payment of such assessment, fee, 27 interest, or penalty. Any alienation in contravention of this 28 statute does not diminish and does not affect the validity, 29 legality or enforceability of any underlying obligations for 30 which such alienation may have been made as collateral 31 between the parties to the alienation. This amendatory Act 32 shall be retroactive in application and shall pertain to 33 obligations existing prior to its enactment. 34 (Source: P.A. 87-13; 87-842; 87-861; 88-88; 88-554, eff. HB3131 Engrossed -53- LRB9201926WHcs 1 7-26-94.) 2 (305 ILCS 5/11-6.1) (from Ch. 23, par. 11-6.1) 3 Sec. 11-6.1.Identification card;Report of loss. 4 (a) (Blank).The Illinois Department shall issue an5identification card to every payee of a grant under this6Code.7 (b) (Blank).Within 180 days after the effective date of8this amendatory Act of 1990, the Illinois Department shall9establish a program which provides for the electronic10transfer of funds to participating financial institutions.11The program shall provide for the safe, secure and convenient12redemption of benefits by any person entitled to receive13benefits under this Code.14 (c) The payee of a grant under this Code shall 15 immediately report to the Illinois Department the theft or 16 other loss of any instrument used in making a grant payment. 17 (Source: P.A. 86-1235.) 18 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8) 19 Sec. 11-8. Appeals - to whom taken. Applicants or 20 recipients of aid may, at any time within 60 days after the 21 decision of the County Department or local governmental unit, 22 as the case may be, appeal a decision denying or terminating 23 aid, or granting aid in an amount which is deemed inadequate, 24 or changing, cancelling, revoking or suspending grants as 25 provided in Section 11-16, or determining to make a 26 protective payment under the provisions of Sections 3-5a or 27 4-9, or a decision by an administrative review board to 28 impose administrative safeguards as provided in Section 8A-8. 29 An appeal shall also lie when an application is not acted 30 upon within the time period after filing of the application 31 as provided by rule of the Illinois Department. 32 If an appeal is not made, the action of the County HB3131 Engrossed -54- LRB9201926WHcs 1 Department or local governmental unit shall be final. 2 Appeals by applicants or recipients under Articles III, 3 IV, or Vor VIIshall be taken to the Illinois Department. 4 Appeals by applicants or recipients under Article VI 5 shall be taken as follows: 6 (1) In counties under township organization (except 7 such counties in which the governing authority is a Board 8 of Commissioners) appeals shall be to a Public Aid 9 Committee consisting of the Chairman of the County Board, 10 and 4 members who are township supervisors of general 11 assistance, appointed by the Chairman, with the advice 12 and consent of the county board. 13 (2) In counties in excess of 3,000,000 population 14 and under township organization in which the governing 15 authority is a Board of Commissioners, appeals of persons 16 from government units outside the corporate limits of a 17 city, village or incorporated town of more than 500,000 18 population, and of persons from incorporated towns which 19 have superseded civil townships in respect to aid under 20 Article VI, shall be to the Cook County Townships Public 21 Aid Committee consisting of 2 township supervisors and 3 22 persons knowledgeable in the area of General Assistance 23 and the regulations of the Illinois Department pertaining 24 thereto and who are not officers, agents or employees of 25 any township, except that township supervisors may serve 26 as members of the Cook County Township Public Aid and 27 Committee. The 5 member committee shall be appointed by 28 the township supervisors. The first appointments shall be 29 made with one person serving a one year term, 2 persons 30 serving a 2 year term, and 2 persons serving a 3 year 31 term. Committee members shall thereafter serve 3 year 32 terms. In any appeal involving a local governmental unit 33 whose supervisor of general assistance is a member of the 34 Committee, such supervisor shall not act as a member of HB3131 Engrossed -55- LRB9201926WHcs 1 the Committee for the purposes of such appeal. The 2 township whose action, inaction, or decision is being 3 appealed shall bear the expenses related to the appeal as 4 determined by the Cook County Townships Public Aid 5 Committee. A township supervisor's compensation for 6 general assistance or township related duties shall not 7 be considered an expense related to the appeal except for 8 expenses related to service on the Committee. 9 (3) In counties described in paragraph (2) appeals 10 of persons from a city, village or incorporated town of 11 more than 500,000 population shall be to the Illinois 12 Departmenta Commissioner of Appeals, appointed as an13employee of the County Department of Public Aid in14accordance with and subject to the provisions of Section1512-21.3. 16 (4) In counties not under township organization, 17 appeals shall be to the County Board of Commissioners 18 which shall for this purpose be the Public Aid Committee 19 of the County. 20 In counties designated in paragraph (1) the Chairman or 21 President of the County Board shall appoint, with the advice 22 and consent of the county board, one or more alternate 23 members of the Public Aid Committee. All regular and 24 alternate members shall be Supervisors of General Assistance. 25 In any appeal involving a local governmental unit whose 26 Supervisor of General Assistance is a member of the 27 Committee, he shall be replaced for that appeal by an 28 alternate member designated by the Chairman or President of 29 the County Board, with the advice and consent of the county 30 board. In these counties not more than 3 of the 5 regular 31 appointees shall be members of the same political party 32 unless the political composition of the Supervisors of the 33 General Assistance precludes such a limitation. In these 34 counties at least one member of the Public Aid Committee HB3131 Engrossed -56- LRB9201926WHcs 1 shall be a person knowledgeable in the area of general 2 assistance and the regulations of the Illinois Department 3 pertaining thereto. If no member of the Committee possesses 4 such knowledge, the Illinois Department shall designate an 5 employee of the Illinois Department having such knowledge to 6 be present at the Committee hearings to advise the Committee. 7 In every county the County Board shall provide facilities 8 for the conduct of hearings on appeals under Article VI. All 9 expenses incident to such hearings shall be borne by the 10 county except that in counties under township organization in 11 which the governing authority is a Board of Commissioners (1) 12 the salary and other expenses of the Commissioner of Appeals 13 shall be paid from General Assistance funds available for 14 administrative purposes, and (2) all expenses incident to 15 such hearings shall be borne by the township and the per diem 16 and traveling expenses of the township supervisors serving on 17 the Public Aid Committee shall be fixed and paid by their 18 respective townships. In all other counties the members of 19 the Public Aid Committee shall receive the compensation and 20 expenses provided by law for attendance at meetings of the 21 County Board. 22 In appeals under Article VI involving a governmental unit 23 receiving State funds, the Public Aid Committee and the 24 Commissioner of Appeals shall be bound by the rules and 25 regulations of the Illinois Department which are relevant to 26 the issues on appeal, and shall file such reports concerning 27 appeals as the Illinois Department requests. 28 An appeal shall be without cost to the appellant and 29 shall be made, at the option of the appellant, either upon 30 forms provided and prescribed by the Illinois Department or, 31 for appeals to a Public Aid Committee, upon forms prescribed 32 by the County Board; or an appeal may be made by calling a 33 toll-free number provided for that purpose by the Illinois 34 Department and providing the necessary information. The HB3131 Engrossed -57- LRB9201926WHcs 1 Illinois Department may assist County Boards or a 2 Commissioner of Appeals in the preparation of appeal forms, 3 or upon request of a County Board or Commissioner of Appeals 4 may furnish such forms. County Departments and local 5 governmental units shall render all possible aid to persons 6 desiring to make an appeal. The provisions of Sections 7 11-8.1 to 11-8.7, inclusive, shall apply to all such appeals. 8 (Source: P.A. 90-17, eff. 7-1-97; 90-210, eff. 7-25-97; 9 90-655, eff. 7-30-98.) 10 (305 ILCS 5/11-8.7) (from Ch. 23, par. 11-8.7) 11 Sec. 11-8.7. Judicial review. The provisions of the 12 Administrative Review Law, as amended, and the rules adopted 13 pursuant thereto, shall apply to and govern all proceedings 14 for the judicial review of final administrative decisions of 15 the Illinois Department on appeals by applicants or 16 recipients under Articles III, IV, or Vor VII. The term 17 "administrative decision" is defined as in Section 3-101 of 18 the Code of Civil Procedure. 19 (Source: P.A. 82-783.) 20 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9) 21 Sec. 11-9. Protection of records - Exceptions. For the 22 protection of applicants and recipients, the Illinois 23 Department, the county departments and local governmental 24 units and their respective officers and employees are 25 prohibited, except as hereinafter provided, from disclosing 26 the contents of any records, files, papers and 27 communications, except for purposes directly connected with 28 the administration of public aid under this Code. 29 In any judicial proceeding, except a proceeding directly 30 concerned with the administration of programs provided for in 31 this Code, such records, files, papers and communications, 32 and their contents shall be deemed privileged communications HB3131 Engrossed -58- LRB9201926WHcs 1 and shall be disclosed only upon the order of the court, 2 where the court finds such to be necessary in the interest of 3 justice. 4 The Illinois Department shall establish and enforce 5 reasonable rules and regulations governing the custody, use 6 and preservation of the records, papers, files, and 7 communications of the Illinois Department, the county 8 departments and local governmental units receiving State or 9 Federal funds or aid. The governing body of other local 10 governmental units shall in like manner establish and enforce 11 rules and regulations governing the same matters. 12 The contents of case files pertaining to recipients under 13 Articles IV, V, and VI, and VIIshall be made available 14 without subpoena or formal notice to the officers of any 15 court, to all law enforcing agencies, and to such other 16 persons or agencies as from time to time may be authorized by 17 any court. In particular, the contents of those case files 18 shall be made available upon request to a law enforcement 19 agency for the purpose of determining the current address of 20 a recipient with respect to whom an arrest warrant is 21 outstanding. Information shall also be disclosed to the 22 Illinois State Scholarship Commission pursuant to an 23 investigation or audit by the Illinois State Scholarship 24 Commission of a delinquent student loan or monetary award. 25 This Section does not prevent the Illinois Department and 26 local governmental units from reporting to appropriate law 27 enforcement officials the desertion or abandonment by a 28 parent of a child, as a result of which financial aid has 29 been necessitated under Articles IV, V, or VI,or VII,or 30 reporting to appropriate law enforcement officials instances 31 in which a mother under age 18 has a child out of wedlock and 32 is an applicant for or recipient of aid under any Article of 33 this Code. The Illinois Department may provide by rule for 34 the county departments and local governmental units to HB3131 Engrossed -59- LRB9201926WHcs 1 initiate proceedings under the Juvenile Court Act of 1987 to 2 have children declared to be neglected when they deem such 3 action necessary to protect the children from immoral 4 influences present in their home or surroundings. 5 This Section does not preclude the full exercise of the 6 powers of the Board of Public Aid Commissioners to inspect 7 records and documents, as provided for all advisory boards 8 pursuant to Section 5-505 of the Departments of State 9 Government Law (20 ILCS 5/5-505). 10 This Section does not preclude exchanges of information 11 among the Illinois Department of Public Aid, the Department 12 of Human Services (as successor to the Department of Public 13 Aid), and the Illinois Department of Revenue for the purpose 14 of verifying sources and amounts of income and for other 15 purposes directly connected with the administration of this 16 Code and of the Illinois Income Tax Act. 17 The provisions of this Section and of Section 11-11 as 18 they apply to applicants and recipients of public aid under 19 ArticleArticles III, IV andV shall be operative only to the 20 extent that they do not conflict with any Federal law or 21 regulation governing Federal grants to this State for such 22 programs. 23 The Illinois Department of Public Aid and the Department 24 of Human Services (as successor to the Illinois Department of 25 Public Aid) shall enter into an inter-agency agreement with 26 the Department of Children and Family Services to establish a 27 procedure by which employees of the Department of Children 28 and Family Services may have immediate access to records, 29 files, papers, and communications (except medical, alcohol or 30 drug assessment or treatment, mental health, or any other 31 medical records) of the Illinois Department, county 32 departments, and local governmental units receiving State or 33 federal funds or aid, if the Department of Children and 34 Family Services determines the information is necessary to HB3131 Engrossed -60- LRB9201926WHcs 1 perform its duties under the Abused and Neglected Child 2 Reporting Act, the Child Care Act of 1969, and the Children 3 and Family Services Act. 4 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-00; 5 91-239, eff. 1-1-00.) 6 (305 ILCS 5/11-15) (from Ch. 23, par. 11-15) 7 Sec. 11-15. Application requirements. 8 (1) An application for financial aid shall be filed in 9 writing by the person requesting aid and, in the case of a 10 request for family aid, by the head of that family, except as 11 otherwise permitted in paragraph (2). Applications for aid 12 under Articles III, IV, and Vand VIIshall be filed in 13 writing with the county department of the county in which the 14 applicant resides in the manner prescribed by the Illinois 15 Department. Applications for aid under Article VI shall be 16 filed in writing with the local governmental unit upon forms 17 approved by the Illinois Department. 18 Each applicant shall provide information as to the amount 19 of property, real and personal, owned by him or her within 20 the period of time preceding the application as required 21 under Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The 22 applicant shall also furnish information concerning all 23 income, money contributions, and other support from any 24 source, and the beneficiary and the amount or cash surrender 25 or loan value of all insurance policies held by himself or 26 herself or any member of his family for whom aid is 27 requested. 28 (2) An application, in all instances to be in writing, 29 may be filed in behalf of a person considered to be in need 30 of financial aid under Articles III, IV, V, or VIor VIIonly 31 if the person 32 (a) has been adjudged to be under legal disability; 33 or HB3131 Engrossed -61- LRB9201926WHcs 1 (b) is unable because of minority or physical or 2 mental disability, to execute the application; or 3 (c) in the case of need for funeral and burial, 4 died before an application was filed and the application 5 is filed not more than 30 days after the person's death, 6 excluding the day on which the death occurred. 7 Applications in behalf of persons specified in (a) and 8 (b) shall be filed by the applicant's legal guardian or, if a 9 guardian has not been appointed or the applicant has no legal 10 guardian or the guardian is not available, by a relative or 11 other person, acceptable under the rules of the Illinois 12 Department, who is able to furnish the required information. 13 Applications in behalf of persons specified in (c) shall be 14 filed by any next of kin of the deceased who is not under 15 legal disability or, if there are no such next of kin or they 16 are unknown or unavailable, by a person, acceptable under the 17 rules of the Illinois Department, who is able to furnish the 18 required information. 19 (3) The application shall contain a written declaration 20 to be signed by the applicant, or in behalf of the applicant 21 by a person qualified under paragraph (2), in substantially 22 the following form, the parenthetical references being 23 applicable to an application filed by a person in behalf of 24 the applicant: 25 "I declare under penalties of perjury that I have 26 examined this form and all accompanying statements or 27 documents pertaining to the income and resources of myself 28 (the applicant) or any member of my family (the applicant's 29 family) included in this application for aid, or pertaining 30 to any other matter having bearing upon my (the applicant's) 31 eligibility for aid, and to the best of my knowledge and 32 belief the information supplied is true, correct, and 33 complete". 34 (4) If an application for financial aid is filed for a HB3131 Engrossed -62- LRB9201926WHcs 1 family, and any person in that family is under 18 years of 2 age, the application shall be accompanied by the following 3 for each such person under 18 years of age: 4 (i) a copy of the person's birth certificate, or 5 (ii) other reliable proof, as determined by the 6 Department, of the person's identity and age. 7 The Illinois Department shall provide information to all 8 families, orally by an intake worker and in writing when the 9 application is filed, about the availability and location of 10 immunization services. 11 (Source: P.A. 88-342; 88-554, eff. 7-26-94.) 12 (305 ILCS 5/11-17) (from Ch. 23, par. 11-17) 13 Sec. 11-17. Duplication or supplementation of aid 14 prohibited-Exceptions. 15 Except (1) for Medical Assistance provided under Article 16 V, or (2) when necessary to accomplish the purposes of this 17 Code, where not inconsistent therewith, and subject to the 18 rules of the Illinois Department, a person receiving aid 19 under any one of Articles III, IV, or VIor VIIof this Code 20 shall not at the same time receive aid under any other of 21 such Articles or any other financial aid from the State, any 22 political subdivision thereof, or any municipal corporation 23 therein. 24 (Source: Laws 1967, p. 122.) 25 (305 ILCS 5/11-20) (from Ch. 23, par. 11-20) 26 Sec. 11-20. Employment registration; duty to accept 27 employment. This Section applies to employment and training 28 programs other than those for recipients of assistance under 29 Article IV. 30 (1) Each applicant or recipient and dependent member of 31 the family age 16 or over who is able to engage in employment 32 and who is unemployed, or employed for less than the full HB3131 Engrossed -63- LRB9201926WHcs 1 working time for the occupation in which he or she is 2 engaged, shall maintain a current registration for employment 3 or additional employment with the system of free public 4 employment offices maintained in this State by the State 5 Department of Employment Security under the Public Employment 6 Office Act and shall utilize the job placement services and 7 other facilities of such offices unless the Illinois 8 Department otherwise provides by rule for programs 9 administered by the Illinois Department. 10 (2) Every person age 16 or over shall be deemed "able to 11 engage in employment", as that term is used herein, unless 12 (a) the person has an illness certified by the attending 13 practitioner as precluding his or her engagement in 14 employment of any type for a time period stated in the 15 practitioner's certification; or (b) the person has a 16 medically determinable physical or mental impairment, disease 17 or loss of indefinite duration and of such severity that he 18 or she cannot perform labor or services in any type of 19 gainful work which exists in the national economy, including 20 work adjusted for persons with physical or mental handicap; 21 or (c) the person is among the classes of persons exempted by 22 paragraph 5 of this Section. A person described in clauses 23 (a), (b) or (c) of the preceding sentence shall be classified 24 as "temporarily unemployable". The Illinois Department shall 25 provide by rule for periodic review of the circumstances of 26 persons classified as "temporarily unemployable". 27 (3) The Illinois Department shall provide through rules 28 and regulations for sanctions against applicants and 29 recipients of aid under this Code who fail or refuse to 30 cooperate, without good cause, as defined by rule of the 31 Illinois Department, to accept a bona fide offer of 32 employment in which he or she is able to engage either in the 33 community of the person's residence or within reasonable 34 commuting distance therefrom. HB3131 Engrossed -64- LRB9201926WHcs 1 The Illinois Department may provide by rule for the grant 2 or continuation of aid for a temporary period, if federal law 3 or regulation so permits or requires, to a person who refuses 4 employment without good cause if he or she accepts counseling 5 or other services designed to increase motivation and 6 incentives for accepting employment. 7 (4) Without limiting other criteria which the Illinois 8 Department may establish, it shall be good cause of refusal 9 if 10 (a) the wage does not meet applicable minimum wage 11 requirements, 12 (b) there being no applicable minimum wage as 13 determined in (a), the wage is certified by the Illinois 14 Department of Labor as being less than that which is 15 appropriate for the work to be performed, or 16 (c) acceptance of the offer involves a substantial 17 threat to the health or safety of the person or any of 18 his or her dependents. 19 (5) The requirements of registration and acceptance of 20 employment shall not apply (a) to a parent or other person 21 needed at home to provide personal care and supervision to a 22 child or children unless, in accordance with the rules and 23 regulations of the Illinois Department, suitable arrangements 24 have been or can be made for such care and supervision during 25 the hours of the day the parent or other person is out of the 26 home because of employment; (b) to a person age 16 or over in 27 regular attendance in school, as defined in Section 4-1.1; or 28 (c) to a person whose presence in the home on a substantially 29 continuous basis is required because of the illness or 30 incapacity of another member of the household. 31The Illinois Department may implement a demonstration32project limited to one county of less than 3 million33population that would require registration for and acceptance34of employment by parents or another person needed at home toHB3131 Engrossed -65- LRB9201926WHcs 1provide personal care and supervision to a child or children2age 3 and over, as allowed by federal law and subject to3rules and regulations of the Illinois Department, provided4suitable arrangements have been or can be made for such care5and supervision during the hours of the day the parents or6other person are out of the home because of employment. Such7suitable arrangements must meet standards and requirements8established under the Child Care Act of 1969, as now or9hereafter amended. Such requirements shall not apply to10parents or another caretaker with a child or children at home11under the age of 3.12 (Source: P.A. 90-17, eff. 7-1-97; 91-357, eff. 7-29-99.) 13 (305 ILCS 5/11-22) (from Ch. 23, par. 11-22) 14 Sec. 11-22. Charge upon claims and causes of action for 15 injuries. The Illinois Department shall have a charge upon 16 all claims, demands and causes of action for injuries to an 17 applicant for or recipient of financial aid under Articles 18 III, IV, and Vand VIIfor the total amount of medical 19 assistance provided the recipient from the time of injury to 20 the date of recovery upon such claim, demand or cause of 21 action. In addition, if the applicant or recipient was 22 employable, as defined by the Department, at the time of the 23 injury, the Department shall also have a charge upon any such 24 claims, demands and causes of action for the total amount of 25 aid provided to the recipient and his dependents, including 26 all cash assistance and medical assistance only to the extent 27 includable in the claimant's action, from the time of injury 28 to the date of recovery upon such claim, demand or cause of 29 action. Any definition of "employable" adopted by the 30 Department shall apply only to persons above the age of 31 compulsory school attendance.Local governmental units shall32have like charges for injuries to an applicant or recipient33under Article VII.HB3131 Engrossed -66- LRB9201926WHcs 1 If the injured person was employable at the time of the 2 injury and is provided aid under Articles III, IV, or Vor3VIIand any dependent or member of his family is provided aid 4 under Article VI, or vice versa, both the Illinois Department 5 and the local governmental unit shall have a charge upon such 6 claims, demands and causes of action for the aid provided to 7 the injured person and any dependent member of his family, 8 including all cash assistance, medical assistance and food 9 stamps, from the time of the injury to the date of recovery. 10 "Recipient", as used herein, means the grantee of record 11 and any persons whose needs are included in the financial aid 12 provided to the grantee of record or otherwise met by grants 13 under the appropriate Article of this Code for which such 14 person is eligible. 15 In each case, the notice shall be served by certified 16 mail or registered mail, upon the party or parties against 17 whom the applicant or recipient has a claim, demand or cause 18 of action. The notice shall claim the charge and describe 19 the interest the Illinois Department, the local governmental 20 unit, or the county, has in the claim, demand, or cause of 21 action. The charge shall attach to any verdict or judgment 22 entered and to any money or property which may be recovered 23 on account of such claim, demand, cause of action or suit 24 from and after the time of the service of the notice. 25 On petition filed by the Illinois Department, or by the 26 local governmental unit or county if either is claiming a 27 charge, or by the recipient, or by the defendant, the court, 28 on written notice to all interested parties, may adjudicate 29 the rights of the parties and enforce the charge. The court 30 may approve the settlement of any claim, demand or cause of 31 action either before or after a verdict, and nothing in this 32 Section shall be construed as requiring the actual trial or 33 final adjudication of any claim, demand or cause of action 34 upon which the Illinois Department, the local governmental HB3131 Engrossed -67- LRB9201926WHcs 1 unit or county has charge. The court may determine what 2 portion of the recovery shall be paid to the injured person 3 and what portion shall be paid to the Illinois Department, 4 the local governmental unit or county having a charge against 5 the recovery. In making this determination, the court shall 6 conduct an evidentiary hearing and shall consider competent 7 evidence pertaining to the following matters: 8 (1) the amount of the charge sought to be enforced 9 against the recovery when expressed as a percentage of 10 the gross amount of the recovery; the amount of the 11 charge sought to be enforced against the recovery when 12 expressed as a percentage of the amount obtained by 13 subtracting from the gross amount of the recovery the 14 total attorney's fees and other costs incurred by the 15 recipient incident to the recovery; and whether the 16 Department, unit of local government or county seeking to 17 enforce the charge against the recovery should as a 18 matter of fairness and equity bear its proportionate 19 share of the fees and costs incurred to generate the 20 recovery from which the charge is sought to be satisfied; 21 (2) the amount, if any, of the attorney's fees and 22 other costs incurred by the recipient incident to the 23 recovery and paid by the recipient up to the time of 24 recovery, and the amount of such fees and costs remaining 25 unpaid at the time of recovery; 26 (3) the total hospital, doctor and other medical 27 expenses incurred for care and treatment of the injury to 28 the date of recovery therefor, the portion of such 29 expenses theretofore paid by the recipient, by insurance 30 provided by the recipient, and by the Department, unit of 31 local government and county seeking to enforce a charge 32 against the recovery, and the amount of such previously 33 incurred expenses which remain unpaid at the time of 34 recovery and by whom such incurred, unpaid expenses are HB3131 Engrossed -68- LRB9201926WHcs 1 to be paid; 2 (4) whether the recovery represents less than 3 substantially full recompense for the injury and the 4 hospital, doctor and other medical expenses incurred to 5 the date of recovery for the care and treatment of the 6 injury, so that reduction of the charge sought to be 7 enforced against the recovery would not likely result in 8 a double recovery or unjust enrichment to the recipient; 9 (5) the age of the recipient and of persons 10 dependent for support upon the recipient, the nature and 11 permanency of the recipient's injuries as they affect not 12 only the future employability and education of the 13 recipient but also the reasonably necessary and 14 foreseeable future material, maintenance, medical, 15 rehabilitative and training needs of the recipient, the 16 cost of such reasonably necessary and foreseeable future 17 needs, and the resources available to meet such needs and 18 pay such costs; 19 (6) the realistic ability of the recipient to repay 20 in whole or in part the charge sought to be enforced 21 against the recovery when judged in light of the factors 22 enumerated above. 23 The burden of producing evidence sufficient to support 24 the exercise by the court of its discretion to reduce the 25 amount of a proven charge sought to be enforced against the 26 recovery shall rest with the party seeking such reduction. 27 The court may reduce and apportion the Illinois 28 Department's lien proportionate to the recovery of the 29 claimant. The court may consider the nature and extent of 30 the injury, economic and noneconomic loss, settlement offers, 31 comparative negligence as it applies to the case at hand, 32 hospital costs, physician costs, and all other appropriate 33 costs. The Illinois Department shall pay its pro rata share 34 of the attorney fees based on the Illinois Department's lien HB3131 Engrossed -69- LRB9201926WHcs 1 as it compares to the total settlement agreed upon. This 2 Section shall not affect the priority of an attorney's lien 3 under the Attorneys Lien Act. The charges of the Illinois 4 Department described in this Section, however, shall take 5 priority over all other liens and charges existing under the 6 laws of the State of Illinois with the exception of the 7 attorney's lien under said statute. 8 Whenever the Department or any unit of local government 9 has a statutory charge under this Section against a recovery 10 for damages incurred by a recipient because of its 11 advancement of any assistance, such charge shall not be 12 satisfied out of any recovery until the attorney's claim for 13 fees is satisfied, irrespective of whether or not an action 14 based on recipient's claim has been filed in court. 15 This Section shall be inapplicable to any claim, demand 16 or cause of action arising under (a) the Workers' 17 Compensation Act or the predecessor Workers' Compensation Act 18 of June 28, 1913, (b) the Workers' Occupational Diseases Act 19 or the predecessor Workers' Occupational Diseases Act of 20 March 16, 1936; and (c) the Wrongful Death Act. 21 (Source: P.A. 91-357, eff. 7-29-99.) 22 (305 ILCS 5/11-22a) (from Ch. 23, par. 11-22a) 23 Sec. 11-22a. Right of Subrogation. To the extent of the 24 amount of medical assistance provided by the Department to or 25 on behalf of a recipient under Article V orArticles V,VIor26VII, the Department shall be subrogated to any right of 27 recovery such recipient may have under the terms of any 28 private or public health care coverage or casualty coverage, 29 including coverage under the "Workers' Compensation Act", 30 approved July 9, 1951, as amended, or the "Workers' 31 Occupational Diseases Act", approved July 9, 1951, as 32 amended, without the necessity of assignment of claim or 33 other authorization to secure the right of recovery to the HB3131 Engrossed -70- LRB9201926WHcs 1 Department. To enforce its subrogation right, the Department 2 may (i) intervene or join in an action or proceeding brought 3 by the recipient, his or her guardian, personal 4 representative, estate, dependents, or survivors against any 5 person or public or private entity that may be liable; (ii) 6 institute and prosecute legal proceedings against any person 7 or public or private entity that may be liable for the cost 8 of such services; or (iii) institute and prosecute legal 9 proceedings, to the extent necessary to reimburse the 10 Illinois Department for its costs, against any noncustodial 11 parent who (A) is required by court or administrative order 12 to provide insurance or other coverage of the cost of health 13 care services for a child eligible for medical assistance 14 under this Code and (B) has received payment from a third 15 party for the costs of those services but has not used the 16 payments to reimburse either the other parent or the guardian 17 of the child or the provider of the services. 18 (Source: P.A. 89-183, eff. 1-1-96.) 19 (305 ILCS 5/12-2) (from Ch. 23, par. 12-2) 20 Sec. 12-2. County departmentsof public aid. The County 21 Departmentsof Public Aid, under the supervision and 22 direction of the Illinois Department and subject to its rules 23 and regulations, shall locally administerbe the agents of24the Illinois Department for the administration ofthe 25 programs provided by Articles III, IV, and Vand VIIof this 26 Code and shall provide the social services and utilize the 27 rehabilitative facilities authorized in ArticlesArticleIX 28 and IXA in respect to persons served through Articles III, 29 IV, and Vand VII. They shall also discharge such other 30 duties as may be required by other provisions of this Code or 31 other laws of this State. 32 (Source: P.A. 81-1509.) HB3131 Engrossed -71- LRB9201926WHcs 1 (305 ILCS 5/12-3) (from Ch. 23, par. 12-3) 2 Sec. 12-3. Local governmental units. As provided in 3 Article VI, local governmental units shall provide funds for 4 and administer the programs provided in that Article subject, 5 where so provided, to the supervision of the Illinois 6 Department. Local governmental units shall also provide the 7 social services and utilize the rehabilitative facilities 8 authorized in Article IX for persons served through Article 9 VI, and shall discharge such other duties as may be required 10 by this Code or other laws of this State. 11 In counties not under township organization, the county 12 shall provide funds for and administer such programs. 13 In counties under township organization (including any 14 such counties in which the governing authority is a board of 15 commissioners) the various towns other than those towns lying 16 entirely within the corporate limits of any city, village or 17 incorporated town having a population of more than 500,000 18 inhabitants shall provide funds for and administer such 19 programs. 20 Cities, villages, and incorporated towns having a 21 population of more than 500,000 inhabitants shall provide 22 funds for public aid purposes under Article VI but theCounty23 Department of Human ServicesPublic Aid of the county in24which any such municipality is locatedshall administer the 25 program for such municipality. 26 Incorporated towns which have superseded civil townships 27 shall provide funds for and administer the public aid program 28 provided by Article VI. 29 In counties of less than 3 million population having a 30 County Veterans Assistance Commission in which there has been 31 levied a tax as authorized by Section 5-2006 of the Counties 32 Code for the purpose of providing assistance to military 33 veterans and their families, the County Veterans Assistance 34 Commission shall administer the programs provided by Article HB3131 Engrossed -72- LRB9201926WHcs 1 VI for such military veterans and their families as seek aid 2 through the County Veterans Assistance Commission. 3 (Source: P.A. 86-1475; 87-796.) 4 (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4) 5 Sec. 12-4.4. Administration of federally-aided programs. 6 Direct County Departments of Public Aid in the administration 7 of the federally funded food stamp program, programs to aid 8 refugees and Articles III, IV, and Vand VIIof this Code. 9The Illinois Department of Human Services may also, upon its10own motion, review any decision made by a County Department11and consider any application upon which a decision has not12been made by the County Department within 30 days. It may13require a County Department to transmit its files and all14papers and documents pertaining to any applicant or15recipient.16Beginning July 1, 1992, or upon approval by the Food and17Nutrition Service of the United States Department of18Agriculture,The Illinois Department of Human Services shall 19 operate a Food Stamp Employment and Training (FSE&T) program 20 in compliance with federal law. The FSE&T program will have 21 an Earnfare component. The Earnfare component shall be 22 available in selected geographic areas based on criteria 23 established by the Illinois Department of Human Services by 24 rule. Participants in Earnfare will, to the extent resources 25 allow, earn their assistance. Participation in the Earnfare 26 program is voluntary, except when ordered by a court of 27 competent jurisdiction. Eligibility for Earnfare may be 28 limited to only 6 months out of any 12 consecutive month 29 period. Clients are not entitled to be placed in an Earnfare 30 slot. Earnfare slots shall be made available only as 31 resources permit. Earnfare shall be available to persons 32 receiving food stamps who meet eligibility criteria 33 established by the Illinois Department of Human Services by HB3131 Engrossed -73- LRB9201926WHcs 1 rule. The Illinois Department may, by rule, extend the 2 Earnfare Program to clients who do not receive food stamps. 3 Receipt of food stamps is not an eligibility requirement of 4 Earnfare when a court of competent jurisdiction orders an 5 individual to participate in the Earnfare Program. To the 6 extent resources permit, the Earnfare program will allow 7 participants to engage in work-related activities to earn 8 monthly financial assistance payments and to improve 9 participants' employability in order for them to succeed in 10 obtaining employment. The Illinois Department of Human 11 Services may enter into contracts with other public agencies 12 including State agencies, with local governmental units, and 13 with not-for-profit community based organizations to carry 14 out the elements of the Program that the Department of Human 15 Services deems appropriate. 16 The Earnfare Program shall contain the following 17 elements: 18 (1) To the extent resources allow and slots exist, 19 the Illinois Department of Human Services shall refer 20 recipients of food stamp assistance who meet eligibility 21 criteria, as established by rule. Receipt of food stamps 22 is not an eligibility requirement of Earnfare when a 23 court of competent jurisdiction orders an individual to 24 participate in the Earnfare Program. 25 (2) Persons participating in Earnfare shall engage 26 in employment assigned activities equal to the amount of 27 the food stamp benefits divided by the federal minimum 28 wage and subsequently shall earn minimum wage assistance 29 for each additional hour of performance in Earnfare 30 activity. Earnfare participants shall be offered the 31 opportunity to earn up to $154. The Department of Human 32 Services may establish a higher amount by rule provided 33 resources permit. If a court of competent jurisdiction 34 orders an individual to participate in the Earnfare HB3131 Engrossed -74- LRB9201926WHcs 1 program, hours engaged in employment assigned activities 2 shall first be applied for a $50 payment made to the 3 custodial parent as a support obligation. If the 4 individual receives food stamps, the individual shall 5 engage in employment assigned activities equal to the 6 amount of the food stamp benefits divided by the federal 7 minimum wage and subsequently shall earn minimum wage 8 assistance for each additional hour of performance in 9 Earnfare activity. 10 (3) To the extent appropriate slots are available, 11 the Illinois Department of Human Services shall assign 12 Earnfare participants to Earnfare activities based on an 13 assessment of the person's age, literacy, education, 14 educational achievement, job training, work experience, 15 and recent institutionalization, whenever these factors 16 are known to the Department of Human Services or to the 17 contractor and are relevant to the individual's success 18 in carrying out the assigned activities and in ultimately 19 obtaining employment. 20 (4) The Department of Human Services shall consider 21 the participant's preferences and personal employment 22 goals in making assignments to the extent 23 administratively possible and to the extent that 24 resources allow. 25 (5) The Department of Human Services may enter into 26 cooperative agreements with local governmental units 27 (which may, in turn, enter into agreements with 28 not-for-profit community based organizations): with other 29 public, including State, agencies; directly with 30 not-for-profit community based organizations, and with 31 private employers to create Earnfare activities for 32 program participants. 33 (6) To the extent resources permit, the Department 34 of Human Services shall provide the Earnfare participants HB3131 Engrossed -75- LRB9201926WHcs 1 with the costs of transportation in looking for work and 2 in getting to and from the assigned Earnfare job site and 3 initial expenses of employment. 4 (7) All income and asset limitations of the Federal 5 Food Stamp Program will govern continued Earnfare 6 participation, except that court ordered participants 7 shall participate for 6 months unless the court orders 8 otherwise. 9 (8) Earnfare participants shall not displace or 10 substitute for regular, full time or part time employees, 11 regardless of whether or not the employee is currently 12 working, on a leave of absence or in a position or 13 similar position where a layoff has taken place or the 14 employer has terminated the employment of any regular 15 employee or otherwise reduced its workforce with the 16 effect of filling the vacancy so created with a 17 participant subsidized under this program, or is or has 18 been involved in a labor dispute between a labor 19 organization and the sponsor. 20 (9) Persons who fail to cooperate with the FSE&T 21 program shall become ineligible for food stamp assistance 22 according to Food Stamp regulations, and for Earnfare 23 participation. Failure to participate in Earnfare for 24 all of the hours assigned is not a failure to cooperate 25 unless so established by the employer pursuant to 26 Department of Human Services rules. If a person who is 27 ordered by a court of competent jurisdiction to 28 participate in the Earnfare Program fails to cooperate 29 with the Program, the person shall be referred to the 30 court for failure to comply with the court order. 31 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507, 32 eff. 7-1-97; 90-17, eff. 7-1-97.) 33 (305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7) HB3131 Engrossed -76- LRB9201926WHcs 1 Sec. 12-4.7. Co-operation with other agencies. Make use 2 of, aid and co-operate with State and local governmental 3 agencies, and co-operate with and assist other governmental 4 and private agencies and organizations engaged in welfare 5 functions. 6The Department shall, not later than January 1, 1986,7enter into a written agreement with the Illinois Department8of Mental Health and Developmental Disabilities which shall9provide for interagency procedures to process and expedite10applications for benefits under this Code which are filed by11or on behalf of patients scheduled for discharge from12facilities operated or licensed by the Department of Mental13Health and Developmental Disabilities (now the Department of14Human Services) pursuant to Sections 15c and 15d of the15Mental Health and Developmental Disabilities Administrative16Act. The responsibilities of the Department of Mental Health17and Developmental Disabilities under this agreement are18transferred to the Department of Human Services as provided19in the Department of Human Services Act.20 (Source: P.A. 89-131, eff. 7-14-95; 89-507, eff. 7-1-97.) 21 (305 ILCS 5/12-4.8) (from Ch. 23, par. 12-4.8) 22 Sec. 12-4.8. Supervision of administration of general 23 assistance. Supervise the administration of General 24 Assistance under Article VI by local governmental units 25 receiving State funds for the purposes of such Article. 26In addition, the Illinois Department shall be chargeable27with providing medical assistance payments and services under28all Articles of this Code where:29(a) the recipient of the services or payments is a30non-resident of this State; and31(b) but for non-residency, provision of those services32or payments would be a township responsibility.33The Illinois Department shall insure, by rule orHB3131 Engrossed -77- LRB9201926WHcs 1regulation, that provision of such medical assistance shall2be determined in accordance with the uniform standard of3eligibility established by the Illinois Department.4 (Source: P.A. 83-1378.) 5 (305 ILCS 5/12-4.17) (from Ch. 23, par. 12-4.17) 6 Sec. 12-4.17. Training personnel for employment in 7 public aid programs. Establish within the administrative 8 staff a staff development unit to provide orientation and 9 job-related training for new employees and continued 10 development and improvement of job skills of all staff of the 11 Department and County Departments; establish criteria for and 12 administer and maintain a program for granting employees 13 educational leave for specialized professional or technical 14 study; and co-ordinate such training, development, and 15 educational activities with the training program of the 16 Illinois Department of Central Management Services and with 17 other programs for training personnel established under this 18 Section. The Department may also make grants to public or 19 other non-profit institutions of higher learning for training 20 personnel employed or preparing for employment in the public 21 aid programs and conduct special courses of study or seminars 22 for personnel by experts hired temporarily by the Illinois 23 Department. 24(a) To qualify for an assignment for educational or25training purposes under this Section, a person must:261. be enrolled in the final 2 years of accredited27specialized training which is required to meet the28qualifications for the position, as established by the29Department of Central Management Services, or be a current30employee of the Department who has continuously served in a31full-time capacity for at least 1 year prior to assignment;322. have completed 4 years of high school education;333. possess such qualities and attributes as the DirectorHB3131 Engrossed -78- LRB9201926WHcs 1of the Department deems necessary for achieving the purposes2of which the assignment was made;34. sign an agreement to serve as an employee of the4Department for 12 months for each 9 months of subsidized5training for educational or training purposes under this6Section;75. sign a promissory note agreeing to repay the8Department for the funds expended if the employee fails to9return to employment with, or remain an employee of the10Department for the period of time required by paragraph 4;11and126. agree in writing to such other terms and conditions13as the Department may reasonably require when granting the14assignment.15(b) When granting an assignment for educational or16training purposes to an eligible person under this Section,17the Department may pay:181. for support and living expenses, a sum up to $300 per19month plus $50 per month for the first unemployed dependent20of the person and $25 per month for each of the next21unemployed dependents, provided the maximum total payment to22the person under this paragraph shall not exceed $400 per23month; and242. for school expenses, not in excess of 80% of the cost25to the person of all tuition, laboratory fees, matriculation26fees and other general student charges made by the27institution of higher learning, but not including charges for28food or residence halls, which charges shall be payable from29the funds for support and living expenses with the30limitations provided in paragraph 1.31(c) Except for the purpose of receiving salary, vacation32pay or any other similar remuneration payable to State33employees, the status of an employee of the Department as an34employee of the State is not affected by the employee servingHB3131 Engrossed -79- LRB9201926WHcs 1on an educational or training assignment under this Section2as specified under the rules and regulations of the3Department of Central Management Services.4(d) Training programs such as tuition only refunds and5special workshops for employees, and training which is a part6of collaborative arrangements with institutions of higher7learning or other public agencies are not affected by this8Section.9 (Source: P.A. 85-1308.) 10 (305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a) 11 Sec. 12-4.24a. Report and recommendations concerning 12 designated shortage area. The Illinois Department shall 13 analyze payments made to providers of medical services under 14 ArticleArticlesVand VIIof this Code to determine whether 15 any special compensatory standard should be applied to 16 payments to such providers in designated shortage areas as 17 defined in Section 3.04 of the Family Practice Residency Act, 18 as now or hereafter amended. The Illinois Department shall, 19 not later than June 30, 1990, report to the Governor and the 20 General Assembly concerning the results of its analysis, and 21 may provide by rule for adjustments in its payment rates to 22 medical service providers in such areas. 23 (Source: P.A. 86-965.) 24 (305 ILCS 5/12-5) (from Ch. 23, par. 12-5) 25 Sec. 12-5. Appropriations; uses; federal grants; report 26 to General Assembly. From the sums appropriated by the 27 General Assembly, the Illinois Department shall order for 28 payment by warrant from the State Treasury grants for public 29 aid under Articles III, IV, and Vand VII, including grants 30 for funeral and burial expenses, and all costs of 31 administration of the Illinois Department and the County 32 Departments relating thereto. Moneys appropriated to the HB3131 Engrossed -80- LRB9201926WHcs 1 Illinois Department for public aid under Article VI may be 2 used, with the consent of the Governor, to co-operate with 3 federal, State, and local agencies in the development of work 4 projects designed to provide suitable employment for persons 5 receiving public aid under Article VI. The Illinois 6 Department, with the consent of the Governor, may be the 7 agent of the State for the receipt and disbursement of 8 federal funds or commodities for public aid purposes under 9 Article VI and for related purposes in which the co-operation 10 of the Illinois Department is sought by the federal 11 government, and, in connection therewith, may make necessary 12 expenditures from moneys appropriated for public aid under 13 any Article of this Code and for administration. The 14 Illinois Department, with the consent of the Governor, may be 15 the agent of the State for the receipt and disbursement of 16 federal funds pursuant to the Immigration Reform and Control 17 Act of 1986 and may make necessary expenditures from monies 18 appropriated to it for operations, administration, and 19 grants, including payment to the Health Insurance Reserve 20 Fund for group insurance costs at the rate certified by the 21 Department of Central Management Services. All amounts 22 received by the Illinois Department pursuant to the 23 Immigration Reform and Control Act of 1986 shall be deposited 24 in the Immigration Reform and Control Fund. All amounts 25 received into the Immigration Reform and Control Fund as 26 reimbursement for expenditures from the General Revenue Fund 27 shall be transferred to the General Revenue Fund. 28 All grants received by the Illinois Department for 29 programs funded by the Federal Social Services Block Grant 30 shall be deposited in the Social Services Block Grant Fund. 31 All funds received into the Social Services Block Grant Fund 32 as reimbursement for expenditures from the General Revenue 33 Fund shall be transferred to the General Revenue Fund. All 34 funds received into the Social Services Block Grant fund for HB3131 Engrossed -81- LRB9201926WHcs 1 reimbursement for expenditure out of the Local Initiative 2 Fund shall be transferred into the Local Initiative Fund. 3 Any other federal funds received into the Social Services 4 Block Grant Fund shall be transferred to the Special Purposes 5 Trust Fund. All federal funds received by the Illinois 6 Department as reimbursement for Employment and Training 7 Programs for expenditures made by the Illinois Department 8 from grants, gifts, or legacies as provided in Section 9 12-4.18 or made by an entity other than the Illinois 10 Department shall be deposited into the Employment and 11 Training Fund, except that federal funds received as 12 reimbursement as a result of the appropriation made for the 13 costs of providing adult education to public assistance 14 recipients under the "Adult Education, Public Assistance 15 Fund" shall be deposited into the General Revenue Fund; 16 provided, however, that all funds, except those that are 17 specified in an interagency agreement between the Illinois 18 Community College Board and the Illinois Department, that are 19 received by the Illinois Department as reimbursement under 20 Title IV-A of the Social Security Actthe JOBS programfor 21 expenditures that are made by the Illinois Community College 22 Board or any public community college of this State shall be 23 credited to a special account that the State Treasurer shall 24 establish and maintain within the Employment and Training 25 Fund for the purpose of segregating the reimbursements 26 received for expenditures made by those entities. As 27 reimbursements are deposited into the Employment and Training 28 Fund, the Illinois Department shall certify to the State 29 Comptroller and State Treasurer the amount that is to be 30 credited to the special account established within that Fund 31 as a reimbursement for expenditures under Title IV-A of the 32 Social Security Actthe JOBS programmade by the Illinois 33 Community College Board or any of the public community 34 colleges. All amounts credited to the special account HB3131 Engrossed -82- LRB9201926WHcs 1 established and maintained within the Employment and Training 2 Fund as provided in this Section shall be held for transfer 3 to the TANFAFDCOpportunities Fund as provided in subsection 4 (d) of Section 12-10.3, and shall not be transferred to any 5 other fund or used for any other purpose. 6 Any or all federal funds received as reimbursement for 7 food and shelter assistance under the Emergency Food and 8 Shelter Program authorized by Section 12-4.5 may be 9 deposited, with the consent of the Governor, into the 10 Homelessness Prevention Fund. 11 Eighty percent of the federal financial participation 12 funds received by the Illinois Department under the Title 13 IV-A Emergency Assistance program as reimbursement for 14 expenditures made from the Illinois Department of Children 15 and Family Services appropriations for the costs of providing 16 services in behalf of Department of Children and Family 17 Services clients shall be deposited into the DCFS Children's 18 Services Fund. 19 All federal funds, except those covered by the foregoing 20 3 paragraphs, received as reimbursement for expenditures from 21 the General Revenue Fund shall be deposited in the General 22 Revenue Fund for administrative and distributive expenditures 23 properly chargeable by federal law or regulation to aid 24 programs established under Articles III through XII and 25 Titles IV, XVI, XIX and XX of the Federal Social Security 26 Act. Any other federal funds received by the Illinois 27 Department under Sections 12-4.6, 12-4.18 and 12-4.19 that 28 are required by Section 12-10 of this Code to be paid into 29 the Special Purposes Trust Fund shall be deposited into the 30 Special Purposes Trust Fund. Any other federal funds 31 received by the Illinois Department pursuant to the Child 32 Support Enforcement Program established by Title IV-D of the 33 Social Security Act shall be deposited in the Child Support 34 Enforcement Trust Fund as required under Section 12-10.2 of HB3131 Engrossed -83- LRB9201926WHcs 1 this Code. Any other federal funds received by the Illinois 2 Department for medical assistance program expenditures made 3 under Title XIX of the Social Security Act and Article V of 4 this Code that are required by Section 5-4.21 of this Code to 5 be paid into the Medicaid Developmentally Disabled Provider 6 Participation Fee Trust Fund shall be deposited into the 7 Medicaid Developmentally Disabled Provider Participation Fee 8 Trust Fund. Any other federal funds received by the Illinois 9 Department for medical assistance program expenditures made 10 under Title XIX of the Social Security Act and Article V of 11 this Code that are required by Section 5-4.31 of this Code to 12 be paid into the Medicaid Long Term Care Provider 13 Participation Fee Trust Fund shall be deposited into the 14 Medicaid Long Term Care Provider Participation Fee Trust 15 Fund. Any other federal funds received by the Illinois 16 Department for hospital inpatient, hospital ambulatory care, 17 and disproportionate share hospital expenditures made under 18 Title XIX of the Social Security Act and Article V of this 19 Code that are required by Section 14-2 of this Code to be 20 paid into the Hospital Services Trust Fund shall be deposited 21 into the Hospital Services Trust Fund. Any other federal 22 funds received by the Illinois Department for expenditures 23 made under Title XIX of the Social Security Act and Articles 24 V and VI of this Code that are required by Section 15-2 of 25 this Code to be paid into the County Provider Trust Fund 26 shall be deposited into the County Provider Trust Fund. Any 27 other federal funds received by the Illinois Department for 28 hospital inpatient, hospital ambulatory care, and 29 disproportionate share hospital expenditures made under Title 30 XIX of the Social Security Act and Article V of this Code 31 that are required by Section 5A-8 of this Code to be paid 32 into the Hospital Provider Fund shall be deposited into the 33 Hospital Provider Fund. Any other federal funds received by 34 the Illinois Department for medical assistance program HB3131 Engrossed -84- LRB9201926WHcs 1 expenditures made under Title XIX of the Social Security Act 2 and Article V of this Code that are required by Section 5B-8 3 of this Code to be paid into the Long-Term Care Provider Fund 4 shall be deposited into the Long-Term Care Provider Fund. 5 Any other federal funds received by the Illinois Department 6 for medical assistance program expenditures made under Title 7 XIX of the Social Security Act and Article V of this Code 8 that are required by Section 5C-7 of this Code to be paid 9 into the Developmentally Disabled Care Provider Fund shall be 10 deposited into the Developmentally Disabled Care Provider 11 Fund. Any other federal funds received by the Illinois 12 Department for trauma center adjustment payments that are 13 required by Section 5-5.03 of this Code and made under Title 14 XIX of the Social Security Act and Article V of this Code 15 shall be deposited into the Trauma Center Fund. Any other 16 federal funds received by the Illinois Department as 17 reimbursement for expenses for early intervention services 18 paid from the Early Intervention Services Revolving Fund 19 shall be deposited into that Fund. 20 The Illinois Department shall consult with the Citizens 21 Assembly/Council on Public Aid in respect to the expenditure 22 of federal funds from the Special Purposes Trust Fund under 23 Section 12-10 and the Local Initiative Fund under Section 24 12-10.1. It shall report to the General Assembly at the end 25 of each fiscal quarter the amount of all funds received and 26 paid into the Social Service Block Grant Fund and the Local 27 Initiative Fund and the expenditures and transfers of such 28 funds for services, programs and other purposes authorized by 29 law. Such report shall be filed with the Speaker, Minority 30 Leader and Clerk of the House, with the President, Minority 31 Leader and Secretary of the Senate, with the Chairmen of the 32 House and Senate Appropriations Committees, the House Human 33 Resources Committee and the Senate Public Health, Welfare and 34 Corrections Committee, or the successor standing Committees HB3131 Engrossed -85- LRB9201926WHcs 1 of each as provided by the rules of the House and Senate, 2 respectively, with the Legislative Research Unit and with the 3 State Government Report Distribution Center for the General 4 Assembly as is required under paragraph (t) of Section 7 of 5 the State Library Act and one copy with the Citizens 6 Assembly/Council on Public Aid or its successor shall be 7 deemed sufficient to comply with this Section. 8 (Source: P.A. 88-45; 88-412; 88-429; 88-553, eff. 7-14-94; 9 88-554, eff. 7-26-94; 88-670, eff. 12-2-94; 89-235, eff. 10 8-4-95; 89-499, eff. 6-28-96.) 11 (305 ILCS 5/12-8) (from Ch. 23, par. 12-8) 12 Sec. 12-8. Public Assistance Emergency Revolving Fund - 13 Uses. The Public Assistance Emergency Revolving Fund, 14 established by Act approved July 8, 1955 shall be held by the 15 Illinois Department and shall be used for the following 16 purposes: 17 1. To provide immediate financial aid to applicants 18 in acute need who have been determined eligible for aid 19 under Articles III, IV, or V. 20 2. To provide emergency aid to recipients under 21 said Articles who have failed to receive their grants 22 because of mail box or other thefts, or who are victims 23 of a burnout, eviction, or other circumstances causing 24 privation, in which cases the delays incident to the 25 issuance of grants from appropriations would cause 26 hardship and suffering. 27 3. To provide emergency aid for transportation, 28 meals and lodging to applicants who are referred to 29 cities other than where they reside for physical 30 examinations to establish blindness or disability, or to 31 determine the incapacity of the parent of a dependent 32 child. 33 4. To provide emergency transportation expense HB3131 Engrossed -86- LRB9201926WHcs 1 allowances to recipients engaged in vocational training 2 and rehabilitation projects. 3 5. To assist public aid applicants in obtaining 4 copies of birth certificates, death certificates, 5 marriage licenses or other similar legal documents which 6 may facilitate the verification of eligibility for public 7 aid under this Code. 8 6. To provide immediate payments to current or 9 former recipients of support services, or refunds to 10 responsible relatives, for child support made to the 11 Illinois Department under Title IV-D of the Social 12 Security Act when such recipients of services or 13 responsible relatives are legally entitled to all or part 14 of such child support payments under applicable State or 15 federal law. 16 7. To provide payments to individuals or providers 17 of transportation to and from medical care for the 18 benefit of recipients under Articles III, IV, V, and VI,19and VII. 20 Disbursements from the Public Assistance Emergency 21 Revolving Fund shall be made by the Illinois Department. 22 Expenditures from the Public Assistance Emergency 23 Revolving Fund shall be for purposes which are properly 24 chargeable to appropriations made to the Illinois Department, 25 or, in the case of payments under subparagraph 6, to the 26 Child Support Enforcement Trust Fund, except that no 27 expenditure shall be made for purposes which are properly 28 chargeable to appropriations for the following objects: 29 personal services; extra help; state contributions to 30 retirement system; state contributions to Social Security; 31 state contributions for employee group insurance; contractual 32 services; travel; commodities; printing; equipment; 33 electronic data processing; operation of auto equipment; 34 telecommunications services; library books; and refunds. The HB3131 Engrossed -87- LRB9201926WHcs 1 Illinois Department shall reimburse the Public Assistance 2 Emergency Revolving Fund by warrants drawn by the State 3 Comptroller on the appropriation or appropriations which are 4 so chargeable, or, in the case of payments under subparagraph 5 6, by warrants drawn on the Child Support Enforcement Trust 6 Fund, payable to the Revolving Fund. 7 The Illinois Department shall consult, in writing, with 8 the Citizens Assembly/Council on Public Aid with respect to 9 the investment of funds from the Public Assistance Emergency 10 Revolving Fund outside the State Treasury in certificates of 11 deposit or other interest-bearing accounts. 12 (Source: P.A. 86-651; 87-769.) 13 (305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3) 14 Sec. 12-10.3. Employment and Training Fund; uses. 15 (a) The Employment and Training Fund is hereby created 16 in the State Treasury for the purpose of receiving and 17 disbursing moneys in accordance with the provisions ofTitle18IV-F of the federal Social Security Act, known as the Job19Opportunities and Basic Skills (JOBS) Program and, on and20after July 1, 1997,Title IV-A of the federal Social Security 21 Act; the Food Stamp Act, Title 7 of the United States Code; 22 and related rules and regulations governing the use of those 23 moneys for the purposes of providing employment and training 24 services. 25 (b) All federal funds received by the Illinois 26 Department as reimbursement for expenditures for employment 27 and training programs made by the Illinois Department from 28 grants, gifts, or legacies as provided in Section 12-4.18 or 29 by an entity other than the Department, except as a result of 30 appropriations made for the costs of providing adult 31 education to public assistance recipients, shall be deposited 32 into the Employment and Training Fund; provided, however, 33 that all funds, except those that are specified in the HB3131 Engrossed -88- LRB9201926WHcs 1 interagency agreement between the Illinois Community College 2 Board and the Department, that are received by the Department 3 as reimbursement under Title IV-AIV-Fof the federal Social 4 Security Act for expenditures that are made by the Illinois 5 Community College Board or by any public community college of 6 this State shall be credited to a special account that the 7 State Treasurer shall establish and maintain within the 8 Employment and Training Fund for the purpose and in the 9 manner provided in Section 12-5. 10 (c) Except as provided in subsection (d) of this 11 Section, the Employment and Training Fund shall be 12 administered by the Illinois Department, and the Illinois 13 Department may make payments from the Employment and Training 14 Fund to clients for supportive services or to public and 15 private entities for employment and training services. Such 16 payments shall not include any funds generated by Illinois 17 community colleges as part of the Opportunities Program. 18 (d) On or before the 10th day of August, 1992, and on or 19 before the 10th day of each month thereafter, the State 20 Treasurer and State Comptroller shall automatically transfer 21 to the TANF Opportunities Fund of the Illinois Community 22 College Board from the special account established and 23 maintained in the Employment and Training Fund all amounts 24 credited to that special account as provided in Section 12-5 25 during the preceding month as reimbursement for expenditures 26 under Title IV-AIV-Fof the federal Social Security Act made 27 by the Illinois Community College Board or any public 28 community college of this State. 29 (e) The Illinois Department shall execute a written 30 contract when purchasing employment and training services 31 from entities qualified to provide services under the 32 programs. The contract shall be filed with the Illinois 33 Department and the State Comptroller. 34 (Source: P.A. 89-641, eff. 8-9-96; 90-17, eff. 7-1-97.) HB3131 Engrossed -89- LRB9201926WHcs 1 (305 ILCS 5/12-13) (from Ch. 23, par. 12-13) 2 Sec. 12-13. Rules and regulations. The Department shall 3 make all rules and regulations and take such action as may be 4 necessary or desirable for carrying out the provisions of 5 this Code, to the end that its spirit and purpose may be 6 achieved and the public aid programs administered efficiently 7 throughout the State. However, the rules and regulations 8 shall not provide that payment for services rendered to a 9 specific recipient by a person licensed under the Medical 10 Practice Act of 1987, whether under a general or limited 11 license, or a person licensed or registered under other laws 12 of this State to provide dental, optometric, or pediatric 13 care, may be authorized only when services are recommended 14 for that recipient by a person licensed to practice medicine 15 in all its branches. 16 Whenever a rule of the Department requires that an 17 applicant or recipient verify information submitted to the 18 Department, the rule, in order to make the public fully aware 19 of what information is required for verification, shall 20 specify the acceptable means of verification or shall list 21 examples of acceptable means of verification. 22 The provisions of the Illinois Administrative Procedure 23 Act are hereby expressly adopted and incorporated herein, and 24 shall apply to all administrative rules and procedures of the 25 Illinois Department under this Act, except that Section 5-35 26 of the Illinois Administrative Procedure Act relating to 27 procedures for rule-making does not apply to the adoption of 28 any rule required by federal law in connection with which the 29 Illinois Department is precluded by law from exercising any 30 discretion, and the requirements of the Administrative 31 Procedure Act with respect to contested cases are not 32 applicable to (1) hearings involving eligibility of 33 applicants or recipients of public aid or,(2) support 34 hearings involving responsible relatives, or (3) personnelHB3131 Engrossed -90- LRB9201926WHcs 1hearings involving matters arising under Section 12-18.1. 2 (Source: P.A. 88-45.) 3 (305 ILCS 5/12-13.05) 4 Sec. 12-13.05.EmergencyRules for Temporary Assistance 5 for Needy Families.to implement amendatory changes. The6Illinois Department may implement the amendatory changes to7this Code made by this amendatory Act of 1997 and any other8changes made as the result of implementing the Temporary9Assistance to Needy Families Program under the Personal10Responsibility and Work Opportunity Reconciliation Act of111996 (P.L. 104-193) through the use of emergency rules in12accordance with the provisions of Section 5-45 of the13Illinois Administrative Procedure Act. For purposes of the14Illinois Administrative Procedure Act, the adoption of rules15to implement these changes shall be deemed an emergency and16necessary for the public interest, safety, and welfare. The17emergency rulemaking powers authorized in this Section apply18only to rules filed to implement the TANF plan effective July191, 1997.20 All rules regulating the Temporary Assistance for Needy 21 Families program and all other rules regulating the 22 amendatory changes to this Code made by this amendatory Act 23 of 1997 shall be promulgated pursuant to this Section. All 24 rules regulating the Temporary Assistance for Needy Families 25 program and all other rules regulating the amendatory changes 26 to this Code made by this amendatory Act of 1997 are repealed 27 on January 1, 2003. On and after January 1, 2003, the 28 Illinois Department may not promulgate any rules regulating 29 the Temporary Assistance for Needy Families program or 30 regulating the amendatory changes to this Code made by this 31 amendatory Act of 1997. 32 (Source: P.A. 90-17, eff. 7-1-97; 91-5, eff. 5-27-99.) HB3131 Engrossed -91- LRB9201926WHcs 1 (305 ILCS 5/12-19) (from Ch. 23, par. 12-19) 2 Sec. 12-19. County welfare services committees; 3 membership. If aThecounty welfare services committee is 4 formed in aeachcounty of less than 3,000,000 population, 5 the committee mayshallconsist of not more than 10 members 6 appointed by the Illinois Department and the following 7 members, ex-officio: the state's attorney and the chairman of 8 the county board. The terms of the state's attorney and the 9 chairman of the county board shall be co-extensive with their 10 terms of office. The terms of the Illinois Department 11 appointees shall be as specified in this Section. 12 In counties of 3,000,000 or more population, if athe13 county welfare services committee is formed, it mayshall14 consist of not more than 33 members appointed by the Illinois 15 Department and the president of the county board of 16 commissioners, ex-officio. The term of the president of the 17 county board of commissioners shall be co-extensive with his 18 term of office. The terms of the Illinois Department 19 appointees shall be as specified in this Section. 20 The Illinois Department shall make its appointments from 21 a list of nominees submitted with the advice and consent of 22 the county board by the presiding officer of the county board 23 of each county. If the county board fails or refuses to 24 submit a list of nominees, the Illinois Department may make 25 appointments from among the residents of the county. 26 The Illinois Department and the county boards shall 27 include a balanced representation of recipients, service 28 providers, representatives of community and welfare advocacy 29 groups, representatives of local governments dealing with 30 public aid, and representatives of the general public on all 31 county welfare services committees appointed by the Illinois 32 Department or on lists of nominees submitted by the presiding 33 officers of the county boards. 34 (Source: P.A. 88-412.) HB3131 Engrossed -92- LRB9201926WHcs 1 (305 ILCS 5/12-19.2) (from Ch. 23, par. 12-19.2) 2 Sec. 12-19.2. Organization of committee. The county 3 welfare services committee, at its first meeting in each 4 calendar year, shall organize by electing from its membership 5 a chairman and vice chairman. These officers shall serve a 6 term of one year and until their successors are elected but 7 neither may serve more than 3 consecutive terms. The 8 Department of Human Services local office administrator 9county superintendent of public aidshall act as the 10 executive secretary of the committee and assist it in 11 fulfilling its responsibilities in the manner the committee 12 designates. The committee may request the assistance of other 13 members of the staff of the County Department to perform 14 duties the committee designates. The committee shall provide 15 rules for transacting its business and keeping records 16 thereof. It shall hold as many meetings during each calendar 17 year as may be necessary to fulfill committee 18 responsibilities. In counties of less than 3,000,000 19 population, meetings may be called by the chairman or any 3 20 members. In counties of 3,000,000 or more population, 21 meetings may be called by the chairman or any 11 members. The 22 members of the committee shall receive no compensation for 23 their services but shall be reimbursed for actual and 24 necessary traveling and other expenses incurred in the 25 performance of their duties. 26 (Source: P.A. 88-412.) 27 (305 ILCS 5/12-19.3) (from Ch. 23, par. 12-19.3) 28 Sec. 12-19.3. Information to committee. 29 The County Department shall furnish each member of the 30 County Welfare Services Committee, upon such member's 31 request, a copy of the existing regulations and of all 32 changes of regulations pertaining to any of the public aid 33 programs, and of rulings handed down by the Illinois HB3131 Engrossed -93- LRB9201926WHcs 1 Department or the courts on review, affecting or interpreting 2 such regulations.The County Superintendent of Public Aid3shall also furnish the Committee, or any member thereof, upon4request in writing by such Committee or by such member,5information (including access to the files) concerning any6individual applicant or recipient, with notations as to the7regulations and facts upon the basis of which increases or8decreases were made in the amount of aid granted, or upon the9basis of which aid was denied or terminated, together with10such other information as may be in the possession of the11County Department and stipulated in the written request of12the Committee or any member thereof. The Committee and each13member thereof shall keep all such information strictly14confidential and shall use it only for purposes directly15connected with the administration of public aid within the16county.17 (Source: Laws 1967, p. 122.) 18 (305 ILCS 5/12-21.10) (from Ch. 23, par. 12-21.10) 19 Sec. 12-21.10. Default and misappropriation of funds; 20 Removal of supervisor; Conditions requiring appointment of 21 interim supervisor.)If the Supervisor of General Assistance 22 is a defaulter and in arrears with the governmental unit, or 23 has misused, misappropriated, or converted to his own use or 24 the use of any other person any of the funds of the unit, or 25 is guilty of any other misconduct in office, the governing 26 body of the governmental unit, and in the case of a township, 27 the board of town trustees, may remove him as Supervisor of 28 General Assistance and appoint a suitable person to be the 29 supervisor therein; provided, that for a township containing 30 4,000 inhabitants or more, upon written request of the 31 township supervisors, the board of town trustees may appoint 32 a Supervisor of General Assistance who is a resident of such 33 township, and fix his compensation and term of office, which HB3131 Engrossed -94- LRB9201926WHcs 1 shall not exceed the term of the board.If the defaulter is2the Director of the County Department of Public Aid, his3removal shall be made by the Illinois Department and a4successor shall be appointed as provided in Section 12-18.1.5 If, as provided in Section 12-21.18, the Illinois 6 Department has ordered the withholding of State funds for 7 failure of the governmental unit to comply with the 8 Department's rules and regulations, the governing body of the 9 governmental unit, and in the case of a township, the board 10 of town trustees, upon written order of the Illinois 11 Department shall appoint an Interim Supervisor of General 12 Assistance, acceptable to the Illinois Department, to serve 13 as Supervisor of General Assistance for the governmental unit 14 until such time as the policies and procedures of the unit 15 are determined by the Department to be in compliance with its 16 rules.The Illinois Department shall in the manner provided17by Section 12-18.1, appoint such Interim Supervisor in the18case of a Supervisor of General Assistance who is the19Director of the County Department of Public Aid.If, after a 20 reasonable time as determined by the Illinois Department, the 21 governmental unit or agency to which such order is directed 22 fails to make an appointment, or appoints a person who is not 23 acceptable to the Illinois Department, the Public Aid 24 Committee, established under Section 11-8, of the county in 25 which the governmental unit is located, upon written order of 26 the Illinois Department, shall appoint an Interim Supervisor, 27 which appointment shall be subject to the approval of the 28 Illinois Department. 29 The appointing authority shall fix the compensation of 30 the Interim Supervisor of General Assistance, subject to 31 approval of the Illinois Department, which shall be payable 32 from the general assistance fund of the local governmental 33 unit. 34 An Interim Supervisor of General Assistance may be HB3131 Engrossed -95- LRB9201926WHcs 1 removed and another person appointed in his place in the same 2 manner and for the same reasons as in the case of an initial 3 appointment of an Interim Supervisor. 4 The Illinois Department shall not order the appointment 5 of an Interim Supervisor of General Assistance if the local 6 governmental unit takes such action as the Department 7 considers to have established satisfactory compliance with 8 its rules, and a reasonable time, to be determined by the 9 Department, shall be allowed the governmental unit to 10 establish such compliance. 11 If an Interim Supervisor of General Assistance has been 12 appointed, he shall exercise all the powers of that office in 13 respect to the administration of general assistance, and 14 shall have the sole authority to disburse State and local 15 funds available for this purpose. If the governmental unit 16 thereafter takes such action to assure the Department that it 17 will comply with the Department's rules, the service of the 18 Interim Supervisor shall be terminated. 19 (Source: P.A. 82-783.) 20 (305 ILCS 5/12-21.14) (from Ch. 23, par. 12-21.14) 21 Sec. 12-21.14. Requirements; review by Illinois 22 Department; allocations. The County Board of each county or a 23 duly appointed committee thereof, or any other county agency 24 designated by the County Board, shall by the last day of each 25 month submit to the Illinois Department an itemized statement 26 showing, for all local governmental units therein except a 27 city, village or incorporated town of more than 500,000 28 population, assistance furnished in the county under Article 29 VI of this Code during the previous month and the expenses 30 for the administration thereof, and the actual revenues 31 available through taxation by the local governmental units. 32 If the Illinois Department has reason to believe that the 33 amounts submitted by any county are excessive, it may require HB3131 Engrossed -96- LRB9201926WHcs 1 appropriate officials of the county to appear before it and 2 substantiate the amounts to the satisfaction of the 3 Department. 4 The Illinois Department shall review these amounts and 5 shall determine and allocate to the several counties the 6 amounts necessary to supplement local funds actually 7 available for public aid purposes. There shall be a yearly 8 reconciliation of amounts allocated to the local governmental 9 units by the Illinois Department to supplement local funds. 10 If, because of circumstances beyond the local 11 governmental unit's control, such as a sudden caseload 12 increase or an unexpected increase in the administrative 13 expenses, a local governmental unit has insufficient local 14 funds actually available to furnish assistance or pay 15 administrative expenses, the Illinois Department shall 16 provide a special allocation of funds to the local 17 governmental unit to meet the need. In calculating the need 18 for a special allocation, the Illinois Department shall take 19 into consideration the amount of funds legally available from 20 the taxes levied by the local governmental unit for public 21 aid purposes and any available unobligated balances. 22 If a local governmental unit has not received State funds 23 for public aid purposes for at least 84 consecutive months 24 immediately prior to its request for State funds, the 25 Illinois Department shall not consider as a legally available 26 resource of the governmental unit public aid funds, or the 27 proceeds of public aid taxes and tax anticipation warrants 28 which may have been transferred or expended during such 29 period for other purposes. 30 Except as hereinafter provided, State allocations shall 31 be paid to the County Treasurer for disbursement to local 32 governmental units as certified by the Illinois Department. 33 Until January 1, 1974, moneys allocated by the Illinois 34 Department for General Assistance purposes in a city, village HB3131 Engrossed -97- LRB9201926WHcs 1 or incorporated town of more than 500,000 population and 2 moneys received from the Treasurer of the municipality from 3 taxes levied for General Assistance purposes in the 4 municipality and other moneys and funds designated in Section 5 11-43-2 of the Illinois Municipal Code shall be paid into the 6 special fund established by the County Treasurer of the 7 county in which the municipality is located and retained for 8 disbursement by the Director of the County Department of 9 Public Aid serving as Supervisor of General Assistance for 10 the municipality. 11 On January 1, 1974, or as soon thereafter as is feasible 12 but not later than January 1, 1975, the County Treasurer 13 shall transfer to the Special Purposes Trust Fund established 14 by Section 12-10 of this Code all State and municipal moneys 15 remaining in or due to the special fund of the County 16 Treasury. After December 31, 1973, but not later than June 17 30, 1979, State allocations and municipal funds for General 18 Assistance purposes in such a municipality, and other moneys 19 and funds designated by Section 11-43-2 of the Illinois 20 Municipal Code, shall be paid into the Special Purposes Trust 21 Fund and disbursed as provided in Section 12-10. State and 22 municipal moneys paid into the Special Purposes Trust Fund 23 under the foregoing provision shall be used exclusively for 24 (1) furnishing General Assistance within the municipality; 25 (2) the payment of administrative costs; and (3) the payment 26 of warrants issued against and in anticipation of taxes 27 levied by the municipality for General Assistance purposes, 28 and the accrued interest thereon. After June 30, 1979, moneys 29 and funds designated by Section 11-43-2 of the Illinois 30 Municipal Code, shall be paid into the General Revenue Fund 31 as reimbursement for appropriated funds disbursedas provided32in Section 12-18.4 of this Code. 33 (Source: P.A. 86-431.) HB3131 Engrossed -98- LRB9201926WHcs 1 (305 ILCS 5/12-21.20) (from Ch. 23, par. 12-21.20) 2 Sec. 12-21.20. Destruction of Obsolete Records. Obsolete 3 records, documents, papers, and memoranda pertaining to 4 public aid under Article VI may be destroyed or otherwise 5 disposed of by local governmental units at any time 6 subsequent to the expiration of 5 years after the matters to 7 which they relate have been concluded.Such records8pertaining to public aid under Article VII prior to July 1,91978, may be destroyed or otherwise disposed of by the local10governmental unit at any time after July 1, 1983. However,11records required by the Illinois Department may not be so12destroyed or otherwise disposed of except upon approval of13the Illinois Department.14 (Source: P.A. 81-1085.) 15 (305 ILCS 5/1-3 rep.) 16 (305 ILCS 5/2-15 rep.) 17 (305 ILCS 5/3-1.6 rep.) 18 (305 ILCS 5/3-15 rep.) 19 (305 ILCS 5/4-1.6a rep.) 20 (305 ILCS 5/4-3 rep.) 21 (305 ILCS 5/4-6 rep.) 22 (305 ILCS 5/4-13 rep.) 23 (305 ILCS 5/4-18 rep.) 24 (305 ILCS 5/4-19 rep.) 25 (305 ILCS 5/6-4 rep.) 26 (305 ILCS 5/6-8 rep.) 27 (305 ILCS 5/9-6.01 rep.) 28 (305 ILCS 5/9-6.02 rep.) 29 (305 ILCS 5/9-6.03 rep.) 30 (305 ILCS 5/9-6.04 rep.) 31 (305 ILCS 5/9-10 rep.) 32 (305 ILCS 5/9A-12 rep.) 33 (305 ILCS 5/11-8.5 rep.) HB3131 Engrossed -99- LRB9201926WHcs 1 (305 ILCS 5/11-23 rep.) 2 (305 ILCS 5/11-23.1 rep.) 3 (305 ILCS 5/11-25 rep.) 4 (305 ILCS 5/11-30 rep.) 5 (305 ILCS 5/12-4.28 rep.) 6 (305 ILCS 5/12-4.101 rep.) 7 (305 ILCS 5/12-4.102 rep.) 8 (305 ILCS 5/12-17 rep.) 9 (305 ILCS 5/12-17.1 rep.) 10 (305 ILCS 5/12-17.3 rep.) 11 (305 ILCS 5/12-17.4 rep.) 12 (305 ILCS 5/12-17.5 rep.) 13 (305 ILCS 5/12-18 rep.) 14 (305 ILCS 5/12-18.1 rep.) 15 (305 ILCS 5/12-18.1a rep.) 16 (305 ILCS 5/12-18.2 rep.) 17 (305 ILCS 5/12-18.3 rep.) 18 (305 ILCS 5/12-18.4 rep.) 19 (305 ILCS 5/12-18.5 rep.) 20 (305 ILCS 5/12-18.6 rep.) 21 (305 ILCS 5/12-18.8 rep.) 22 (305 ILCS 5/12-18.9 rep.) 23 (305 ILCS 5/12-19.4 rep.) 24 (305 ILCS 5/12-20 rep.) 25 (305 ILCS 5/12-21.3 rep.) 26 Section 21. The Illinois Public Aid Code is amended by 27 repealing Sections 1-3, 2-15, 3-1.6, 3-15, 4-1.6a, 4-3, 4-6, 28 4-13, 4-18, 4-19, 6-4, 6-8, 9-6.01, 9-6.02, 9-6.03, 9-6.04, 29 9-10, 9A-12, 11-8.5, 11-23, 11-23.1, 11-25, 11-30, 12-4.28, 30 12-4.101, 12-4.102, 12-17, 12-17.1, 12-17.3, 12-17.4, 31 12-17.5, 12-18, 12-18.1, 12-18.1a, 12-18.2, 12-18.3, 12-18.4, 32 12-18.5, 12-18.6, 12-18.8, 12-18.9, 12-19.4, 12-20, and 33 12-21.3. HB3131 Engrossed -100- LRB9201926WHcs 1 (405 ILCS 30/4.2 rep.) 2 Section 22. The Community Services Act is amended by 3 repealing Section 4.2. 4 (405 ILCS 50/Act rep.) 5 Section 25. The Mental Illness Services Pilot Project 6 Act is repealed. 7 (405 ILCS 60/Act rep.) 8 Section 30. The Community Mental Health Task Force Act 9 is repealed. 10 (405 ILCS 70/Act rep.) 11 Section 35. The Community Mental Health Equity Funding 12 Act is repealed. 13 (405 ILCS 80/2-12 rep.) 14 (405 ILCS 80/3-14 rep.) 15 Section 40. The Developmental Disability and Mental 16 Disability Service Act is amended by repealing Sections 2-12 17 and 3-14. HB3131 Engrossed -101- LRB9201926WHcs 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1705/4.3 from Ch. 91 1/2, par. 100-4.3 4 20 ILCS 1705/52 from Ch. 91 1/2, par. 100-52 5 20 ILCS 1705/58 rep. 6 20 ILCS 2425/Act rep. 7 20 ILCS 3940/Act rep. 8 20 ILCS 3957/Act rep. 9 25 ILCS 130/11A-7 from Ch. 63, par. 1011A-7 10 50 ILCS 105/1 from Ch. 102, par. 1 11 65 ILCS 5/11-43-2 from Ch. 24, par. 11-43-2 12 305 ILCS 5/1-7 from Ch. 23, par. 1-7 13 305 ILCS 5/1-8 14 305 ILCS 5/2-6 from Ch. 23, par. 2-6 15 305 ILCS 5/2-13 from Ch. 23, par. 2-13 16 305 ILCS 5/3-1a from Ch. 23, par. 3-1a 17 305 ILCS 5/3-11 from Ch. 23, par. 3-11 18 305 ILCS 5/4-1 from Ch. 23, par. 4-1 19 305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1 20 305 ILCS 5/4-1.2a from Ch. 23, par. 4-1.2a 21 305 ILCS 5/4-1.2c 22 305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6 23 305 ILCS 5/4-1.10 from Ch. 23, par. 4-1.10 24 305 ILCS 5/4-2 from Ch. 23, par. 4-2 25 305 ILCS 5/4-8 from Ch. 23, par. 4-8 26 305 ILCS 5/4-17 27 305 ILCS 5/6-1 from Ch. 23, par. 6-1 28 305 ILCS 5/6-1.2 from Ch. 23, par. 6-1.2 29 305 ILCS 5/6-1.3a from Ch. 23, par. 6-1.3a 30 305 ILCS 5/6-2 from Ch. 23, par. 6-2 31 305 ILCS 5/6-11 from Ch. 23, par. 6-11 32 305 ILCS 5/9-1 from Ch. 23, par. 9-1 33 305 ILCS 5/9-5 from Ch. 23, par. 9-5 34 305 ILCS 5/9-6 from Ch. 23, par. 9-6 HB3131 Engrossed -102- LRB9201926WHcs 1 305 ILCS 5/9-6.1 from Ch. 23, par. 9-6.1 2 305 ILCS 5/9-6.2 from Ch. 23, par. 9-6.2 3 305 ILCS 5/9A-3 from Ch. 23, par. 9A-3 4 305 ILCS 5/9A-5 from Ch. 23, par. 9A-5 5 305 ILCS 5/9A-13 6 305 ILCS 5/11-3 from Ch. 23, par. 11-3 7 305 ILCS 5/11-6.1 from Ch. 23, par. 11-6.1 8 305 ILCS 5/11-8 from Ch. 23, par. 11-8 9 305 ILCS 5/11-8.7 from Ch. 23, par. 11-8.7 10 305 ILCS 5/11-9 from Ch. 23, par. 11-9 11 305 ILCS 5/11-15 from Ch. 23, par. 11-15 12 305 ILCS 5/11-17 from Ch. 23, par. 11-17 13 305 ILCS 5/11-20 from Ch. 23, par. 11-20 14 305 ILCS 5/11-22 from Ch. 23, par. 11-22 15 305 ILCS 5/11-22a from Ch. 23, par. 11-22a 16 305 ILCS 5/12-2 from Ch. 23, par. 12-2 17 305 ILCS 5/12-3 from Ch. 23, par. 12-3 18 305 ILCS 5/12-4.4 from Ch. 23, par. 12-4.4 19 305 ILCS 5/12-4.7 from Ch. 23, par. 12-4.7 20 305 ILCS 5/12-4.8 from Ch. 23, par. 12-4.8 21 305 ILCS 5/12-4.17 from Ch. 23, par. 12-4.17 22 305 ILCS 5/12-4.24a from Ch. 23, par. 12-4.24a 23 305 ILCS 5/12-5 from Ch. 23, par. 12-5 24 305 ILCS 5/12-8 from Ch. 23, par. 12-8 25 305 ILCS 5/12-10.3 from Ch. 23, par. 12-10.3 26 305 ILCS 5/12-13 from Ch. 23, par. 12-13 27 305 ILCS 5/12-13.05 28 305 ILCS 5/12-19 from Ch. 23, par. 12-19 29 305 ILCS 5/12-19.2 from Ch. 23, par. 12-19.2 30 305 ILCS 5/12-19.3 from Ch. 23, par. 12-19.3 31 305 ILCS 5/12-21.10 from Ch. 23, par. 12-21.10 32 305 ILCS 5/12-21.14 from Ch. 23, par. 12-21.14 33 305 ILCS 5/12-21.20 from Ch. 23, par. 12-21.20 34 305 ILCS 5/1-3 rep. HB3131 Engrossed -103- LRB9201926WHcs 1 305 ILCS 5/2-15 rep. 2 305 ILCS 5/3-1.6 rep. 3 305 ILCS 5/3-15 rep. 4 305 ILCS 5/4-1.6a rep. 5 305 ILCS 5/4-3 rep. 6 305 ILCS 5/4-6 rep. 7 305 ILCS 5/4-13 rep. 8 305 ILCS 5/4-18 rep. 9 305 ILCS 5/4-19 rep. 10 305 ILCS 5/6-4 rep. 11 305 ILCS 5/6-8 rep. 12 305 ILCS 5/9-6.01 rep. 13 305 ILCS 5/9-6.02 rep. 14 305 ILCS 5/9-6.03 rep. 15 305 ILCS 5/9-6.04 rep. 16 305 ILCS 5/9-10 rep. 17 305 ILCS 5/9A-12 rep. 18 305 ILCS 5/11-8.5 rep. 19 305 ILCS 5/11-23 rep. 20 305 ILCS 5/11-23.1 rep. 21 305 ILCS 5/11-25 rep. 22 305 ILCS 5/11-30 rep. 23 305 ILCS 5/12-4.28 rep. 24 305 ILCS 5/12-4.101 rep. 25 305 ILCS 5/12-4.102 rep. 26 305 ILCS 5/12-17 rep. 27 305 ILCS 5/12-17.1 rep. 28 305 ILCS 5/12-17.3 rep. 29 305 ILCS 5/12-17.4 rep. 30 305 ILCS 5/12-17.5 rep. 31 305 ILCS 5/12-18 rep. 32 305 ILCS 5/12-18.1 rep. 33 305 ILCS 5/12-18.1a rep. 34 305 ILCS 5/12-18.2 rep. HB3131 Engrossed -104- LRB9201926WHcs 1 305 ILCS 5/12-18.3 rep. 2 305 ILCS 5/12-18.4 rep. 3 305 ILCS 5/12-18.5 rep. 4 305 ILCS 5/12-18.6 rep. 5 305 ILCS 5/12-18.8 rep. 6 305 ILCS 5/12-18.9 rep. 7 305 ILCS 5/12-19.4 rep. 8 305 ILCS 5/12-20 rep. 9 305 ILCS 5/12-21.3 rep. 10 405 ILCS 30/4.2 rep. 11 405 ILCS 50/Act rep. 12 405 ILCS 60/Act rep. 13 405 ILCS 70/Act rep. 14 405 ILCS 80/2-12 rep. 15 405 ILCS 80/3-14 rep.