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Public Act 101-0103


 

Public Act 0103 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0103
 
HB3129 EnrolledLRB101 07343 KTG 52383 b

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

Effective Date: 7/19/2019