Full Text of SB2328 94th General Assembly
SB2328enr 94TH GENERAL ASSEMBLY
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SB2328 Enrolled |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Department of Human Services Act is amended | 5 |
| by adding Section 10-50 as follows: | 6 |
| (20 ILCS 1305/10-50 new) | 7 |
| Sec. 10-50. Illinois Steps for Attaining Higher Education | 8 |
| through Academic Development Program established. The Illinois | 9 |
| Steps for Attaining Higher Education through Academic | 10 |
| Development ("Illinois Steps AHEAD") program is established in | 11 |
| the Illinois Department of Human Services. Illinois Steps AHEAD | 12 |
| shall provide educational services and post-secondary | 13 |
| educational scholarships for low-income middle and high school | 14 |
| students. Program components shall include increased parent | 15 |
| involvement, creative and engaging academic support for | 16 |
| students, career exploration programs, college preparation, | 17 |
| and increased collaboration with local schools. The Illinois | 18 |
| Department of Human Services shall administer the program. The | 19 |
| Department shall implement the program only if federal funding | 20 |
| is made available for that purpose. All moneys received | 21 |
| pursuant to the federal Gaining Early Awareness and Readiness | 22 |
| for Undergraduate Programs shall be deposited into the Gaining | 23 |
| Early Awareness and Readiness for Undergraduate Programs Fund, | 24 |
| a special fund hereby created in the State treasury. Moneys in | 25 |
| this fund shall be appropriated to the Department of Human | 26 |
| Services and expended for the purposes and activities specified | 27 |
| by the federal agency making the grant. All interest earnings | 28 |
| on amounts in the Gaining Early Awareness and Readiness for | 29 |
| Undergraduate Programs Fund shall accrue to the Gaining | 30 |
| Awareness and Readiness for Undergraduate Programs Fund and be | 31 |
| used in accordance with 34 C.F.R. 75.703. |
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| Section 3. The State Finance Act is amended by adding | 2 |
| Section 5.663 as follows: | 3 |
| (30 ILCS 105/5.663 new) | 4 |
| Sec. 5.663. The Gaining Early Awareness and Readiness for | 5 |
| Undergraduate Programs Fund. | 6 |
| Section 5. The Illinois Public Aid Code is amended by | 7 |
| changing Section 5-2 and adding Section 12-4.103a as follows:
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| (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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| Sec. 5-2. Classes of Persons Eligible. Medical assistance | 10 |
| under this
Article shall be available to any of the following | 11 |
| classes of persons in
respect to whom a plan for coverage has | 12 |
| been submitted to the Governor
by the Illinois Department and | 13 |
| approved by him:
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| 1. Recipients of basic maintenance grants under | 15 |
| Articles III and IV.
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| 2. Persons otherwise eligible for basic maintenance | 17 |
| under Articles
III and IV but who fail to qualify | 18 |
| thereunder on the basis of need, and
who have insufficient | 19 |
| income and resources to meet the costs of
necessary medical | 20 |
| care, including but not limited to the following:
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| (a) All persons otherwise eligible for basic | 22 |
| maintenance under Article
III but who fail to qualify | 23 |
| under that Article on the basis of need and who
meet | 24 |
| either of the following requirements:
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| (i) their income, as determined by the | 26 |
| Illinois Department in
accordance with any federal | 27 |
| requirements, is equal to or less than 70% in
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| fiscal year 2001, equal to or less than 85% in | 29 |
| fiscal year 2002 and until
a date to be determined | 30 |
| by the Department by rule, and equal to or less
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| than 100% beginning on the date determined by the | 32 |
| Department by rule, of the nonfarm income official | 33 |
| poverty
line, as defined by the federal Office of |
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| Management and Budget and revised
annually in | 2 |
| accordance with Section 673(2) of the Omnibus | 3 |
| Budget Reconciliation
Act of 1981, applicable to | 4 |
| families of the same size; or
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| (ii) their income, after the deduction of | 6 |
| costs incurred for medical
care and for other types | 7 |
| of remedial care, is equal to or less than 70% in
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| fiscal year 2001, equal to or less than 85% in | 9 |
| fiscal year 2002 and until
a date to be determined | 10 |
| by the Department by rule, and equal to or less
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| than 100% beginning on the date determined by the | 12 |
| Department by rule, of the nonfarm income official | 13 |
| poverty
line, as defined in item (i) of this | 14 |
| subparagraph (a).
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| (b) All persons who would be determined eligible | 16 |
| for such basic
maintenance under Article IV by | 17 |
| disregarding the maximum earned income
permitted by | 18 |
| federal law.
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| 3. Persons who would otherwise qualify for Aid to the | 20 |
| Medically
Indigent under Article VII.
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| 4. Persons not eligible under any of the preceding | 22 |
| paragraphs who fall
sick, are injured, or die, not having | 23 |
| sufficient money, property or other
resources to meet the | 24 |
| costs of necessary medical care or funeral and burial
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| expenses.
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| 5.(a) Women during pregnancy, after the fact
of | 27 |
| pregnancy has been determined by medical diagnosis, and | 28 |
| during the
60-day period beginning on the last day of the | 29 |
| pregnancy, together with
their infants and children born | 30 |
| after September 30, 1983,
whose income and
resources are | 31 |
| insufficient to meet the costs of necessary medical care to
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| the maximum extent possible under Title XIX of the
Federal | 33 |
| Social Security Act.
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| (b) The Illinois Department and the Governor shall | 35 |
| provide a plan for
coverage of the persons eligible under | 36 |
| paragraph 5(a) by April 1, 1990. Such
plan shall provide |
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| ambulatory prenatal care to pregnant women during a
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| presumptive eligibility period and establish an income | 3 |
| eligibility standard
that is equal to 133%
of the nonfarm | 4 |
| income official poverty line, as defined by
the federal | 5 |
| Office of Management and Budget and revised annually in
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| accordance with Section 673(2) of the Omnibus Budget | 7 |
| Reconciliation Act of
1981, applicable to families of the | 8 |
| same size, provided that costs incurred
for medical care | 9 |
| are not taken into account in determining such income
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| eligibility.
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| (c) The Illinois Department may conduct a | 12 |
| demonstration in at least one
county that will provide | 13 |
| medical assistance to pregnant women, together
with their | 14 |
| infants and children up to one year of age,
where the | 15 |
| income
eligibility standard is set up to 185% of the | 16 |
| nonfarm income official
poverty line, as defined by the | 17 |
| federal Office of Management and Budget.
The Illinois | 18 |
| Department shall seek and obtain necessary authorization
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| provided under federal law to implement such a | 20 |
| demonstration. Such
demonstration may establish resource | 21 |
| standards that are not more
restrictive than those | 22 |
| established under Article IV of this Code.
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| 6. Persons under the age of 18 who fail to qualify as | 24 |
| dependent under
Article IV and who have insufficient income | 25 |
| and resources to meet the costs
of necessary medical care | 26 |
| to the maximum extent permitted under Title XIX
of the | 27 |
| Federal Social Security Act.
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| 7. Persons who are under 21 years of age and would
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| qualify as
disabled as defined under the Federal | 30 |
| Supplemental Security Income Program,
provided medical | 31 |
| service for such persons would be eligible for Federal
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| Financial Participation, and provided the Illinois | 33 |
| Department determines that:
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| (a) the person requires a level of care provided by | 35 |
| a hospital, skilled
nursing facility, or intermediate | 36 |
| care facility, as determined by a physician
licensed to |
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| practice medicine in all its branches;
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| (b) it is appropriate to provide such care outside | 3 |
| of an institution, as
determined by a physician | 4 |
| licensed to practice medicine in all its branches;
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| (c) the estimated amount which would be expended | 6 |
| for care outside the
institution is not greater than | 7 |
| the estimated amount which would be
expended in an | 8 |
| institution.
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| 8. Persons who become ineligible for basic maintenance | 10 |
| assistance
under Article IV of this Code in programs | 11 |
| administered by the Illinois
Department due to employment | 12 |
| earnings and persons in
assistance units comprised of | 13 |
| adults and children who become ineligible for
basic | 14 |
| maintenance assistance under Article VI of this Code due to
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| employment earnings. The plan for coverage for this class | 16 |
| of persons shall:
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| (a) extend the medical assistance coverage for up | 18 |
| to 12 months following
termination of basic | 19 |
| maintenance assistance; and
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| (b) offer persons who have initially received 6 | 21 |
| months of the
coverage provided in paragraph (a) above, | 22 |
| the option of receiving an
additional 6 months of | 23 |
| coverage, subject to the following:
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| (i) such coverage shall be pursuant to | 25 |
| provisions of the federal
Social Security Act;
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| (ii) such coverage shall include all services | 27 |
| covered while the person
was eligible for basic | 28 |
| maintenance assistance;
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| (iii) no premium shall be charged for such | 30 |
| coverage; and
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| (iv) such coverage shall be suspended in the | 32 |
| event of a person's
failure without good cause to | 33 |
| file in a timely fashion reports required for
this | 34 |
| coverage under the Social Security Act and | 35 |
| coverage shall be reinstated
upon the filing of | 36 |
| such reports if the person remains otherwise |
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| eligible.
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| 9. Persons with acquired immunodeficiency syndrome | 3 |
| (AIDS) or with
AIDS-related conditions with respect to whom | 4 |
| there has been a determination
that but for home or | 5 |
| community-based services such individuals would
require | 6 |
| the level of care provided in an inpatient hospital, | 7 |
| skilled
nursing facility or intermediate care facility the | 8 |
| cost of which is
reimbursed under this Article. Assistance | 9 |
| shall be provided to such
persons to the maximum extent | 10 |
| permitted under Title
XIX of the Federal Social Security | 11 |
| Act.
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| 10. Participants in the long-term care insurance | 13 |
| partnership program
established under the Partnership for | 14 |
| Long-Term Care Act who meet the
qualifications for | 15 |
| protection of resources described in Section 25 of that
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| Act.
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| 11. Persons with disabilities who are employed and | 18 |
| eligible for Medicaid,
pursuant to Section | 19 |
| 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
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| provided by the Illinois Department by rule.
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| 12. Subject to federal approval, persons who are | 22 |
| eligible for medical
assistance coverage under applicable | 23 |
| provisions of the federal Social Security
Act and the | 24 |
| federal Breast and Cervical Cancer Prevention and | 25 |
| Treatment Act of
2000. Those eligible persons are defined | 26 |
| to include, but not be limited to,
the following persons:
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| (1) persons who have been screened for breast or | 28 |
| cervical cancer under
the U.S. Centers for Disease | 29 |
| Control and Prevention Breast and Cervical Cancer
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| Program established under Title XV of the federal | 31 |
| Public Health Services Act in
accordance with the | 32 |
| requirements of Section 1504 of that Act as | 33 |
| administered by
the Illinois Department of Public | 34 |
| Health; and
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| (2) persons whose screenings under the above | 36 |
| program were funded in whole
or in part by funds |
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| appropriated to the Illinois Department of Public | 2 |
| Health
for breast or cervical cancer screening.
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| "Medical assistance" under this paragraph 12 shall be | 4 |
| identical to the benefits
provided under the State's | 5 |
| approved plan under Title XIX of the Social Security
Act. | 6 |
| The Department must request federal approval of the | 7 |
| coverage under this
paragraph 12 within 30 days after the | 8 |
| effective date of this amendatory Act of
the 92nd General | 9 |
| Assembly.
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| 13. Subject to appropriation and to federal approval, | 11 |
| persons living with HIV/AIDS who are not otherwise eligible | 12 |
| under this Article and who qualify for services covered | 13 |
| under Section 5-5.04 as provided by the Illinois Department | 14 |
| by rule.
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| 14. Subject to the availability of funds for this | 16 |
| purpose, the Department may provide coverage under this | 17 |
| Article to persons who reside in Illinois who are not | 18 |
| eligible under any of the preceding paragraphs and who meet | 19 |
| the income guidelines of paragraph 2(a) of this Section and | 20 |
| (i) have an application for asylum pending before the | 21 |
| federal Department of Homeland Security or on appeal before | 22 |
| a court of competent jurisdiction and are represented | 23 |
| either by counsel or by an advocate accredited by the | 24 |
| federal Department of Homeland Security and employed by a | 25 |
| not-for-profit organization in regard to that application | 26 |
| or appeal, or (ii) are receiving services through a | 27 |
| federally funded torture treatment center. Medical | 28 |
| coverage under this paragraph 14 may be provided for up to | 29 |
| 24 continuous months from the initial eligibility date so | 30 |
| long as an individual continues to satisfy the criteria of | 31 |
| this paragraph 14. If an individual has an appeal pending | 32 |
| regarding an application for asylum before the Department | 33 |
| of Homeland Security, eligibility under this paragraph 14 | 34 |
| may be extended until a final decision is rendered on the | 35 |
| appeal. The Department may adopt rules governing the | 36 |
| implementation of this paragraph 14.
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SB2328 Enrolled |
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| The Illinois Department and the Governor shall provide a | 2 |
| plan for
coverage of the persons eligible under paragraph 7 as | 3 |
| soon as possible after
July 1, 1984.
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| The eligibility of any such person for medical assistance | 5 |
| under this
Article is not affected by the payment of any grant | 6 |
| under the Senior
Citizens and Disabled Persons Property Tax | 7 |
| Relief and Pharmaceutical
Assistance Act or any distributions | 8 |
| or items of income described under
subparagraph (X) of
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| paragraph (2) of subsection (a) of Section 203 of the Illinois | 10 |
| Income Tax
Act. The Department shall by rule establish the | 11 |
| amounts of
assets to be disregarded in determining eligibility | 12 |
| for medical assistance,
which shall at a minimum equal the | 13 |
| amounts to be disregarded under the
Federal Supplemental | 14 |
| Security Income Program. The amount of assets of a
single | 15 |
| person to be disregarded
shall not be less than $2,000, and the | 16 |
| amount of assets of a married couple
to be disregarded shall | 17 |
| not be less than $3,000.
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| To the extent permitted under federal law, any person found | 19 |
| guilty of a
second violation of Article VIIIA
shall be | 20 |
| ineligible for medical assistance under this Article, as | 21 |
| provided
in Section 8A-8.
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| The eligibility of any person for medical assistance under | 23 |
| this Article
shall not be affected by the receipt by the person | 24 |
| of donations or benefits
from fundraisers held for the person | 25 |
| in cases of serious illness,
as long as neither the person nor | 26 |
| members of the person's family
have actual control over the | 27 |
| donations or benefits or the disbursement
of the donations or | 28 |
| benefits.
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| (Source: P.A. 93-20, eff. 6-20-03; 94-629, eff. 1-1-06.)
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| (305 ILCS 5/12-4.103a new) | 31 |
| Sec. 12-4.103a. Assets for Independence Program. | 32 |
| (a) Program established. Subject to available funding and | 33 |
| receipt of a federal Assets for Independence grant award, the | 34 |
| Department of Human Services shall establish and administer an | 35 |
| Assets for Independence Program (Program). The Program shall be |
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| established in accordance with the terms of the Assets for | 2 |
| Independence Act (AFIA) as now and hereafter amended (Title IV | 3 |
| Community Opportunities, Accountability, and Training and | 4 |
| Educational Services Act as amended, Public Law 105-285, 42 | 5 |
| U.S.C. 604 note). | 6 |
| (b) Assets for Independence Fund. The Assets for | 7 |
| Independence Fund is established. The Fund shall be held by the | 8 |
| Secretary or his or her designee as ex-officio custodian | 9 |
| thereof separate and apart from all other State funds. The | 10 |
| Assets for Independence Fund is authorized to receive grants | 11 |
| under AFIA, State moneys appropriated for the Program, and | 12 |
| moneys from voluntary donations from individuals, foundations, | 13 |
| corporations, and other sources. Moneys in the Assets for | 14 |
| Independence Fund shall not be commingled with other State | 15 |
| funds, but they shall be deposited as required by law and | 16 |
| maintained in a separate account on the books of a savings and | 17 |
| loan association, bank, or other qualified financial | 18 |
| institution. All interest earnings on amounts within the Assets | 19 |
| for Independence Fund shall accrue to the Assets for | 20 |
| Independence Fund and shall be used in accordance with the | 21 |
| terms of the AFIA. Administrative expenses related to the | 22 |
| Program, including the provision of financial education to | 23 |
| Program participants, shall be paid from the Assets for | 24 |
| Independence Fund in accordance with the terms of AFIA Section | 25 |
| 707(c)(3). | 26 |
| (c) Program purpose. The purpose of the Program is to allow | 27 |
| eligible low-income Illinois citizens, subject to the | 28 |
| availability of State and federal funds and authorization from | 29 |
| the Department, to open and maintain an Individual Development | 30 |
| Account (IDA) at a federally insured financial institution. | 31 |
| Deposits into an IDA that are used for subsequent qualified | 32 |
| purchases shall be matched dollar-for-dollar by moneys from the | 33 |
| Assets for Independence Fund. Not more than $2,000 of moneys | 34 |
| from the Assets for Independence Fund shall be provided to any | 35 |
| one individual. Not more than $4,000 of moneys from the Assets | 36 |
| for Independence Fund shall be provided to any one household. |
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| Assets for Independence Fund moneys not being used to | 2 |
| administer the Program shall be used only for qualified | 3 |
| purchases, shall be distributed only directly to the vendor of | 4 |
| a qualified purchase, and shall require the authorization by | 5 |
| signature of the Department's chief financial officer. | 6 |
| (d) Contributions to IDA and use of moneys. An individual | 7 |
| may make contributions to his or her IDA only from earned | 8 |
| income as defined in Section 911(d)(2) of the Internal Revenue | 9 |
| Code of 1986. The moneys deposited into an IDA shall not be | 10 |
| commingled with any Assets for Independence Fund moneys. An IDA | 11 |
| holder shall have a 36-month period, beginning on the date the | 12 |
| Department authorizes the holder to open the IDA, within which | 13 |
| to make a qualified purchase. If a qualified purchase is not | 14 |
| made within that 36-month period, Assets for Independence Fund | 15 |
| moneys earmarked for that individual shall be released, and the | 16 |
| Department shall authorize another eligible person to open an | 17 |
| IDA. Under no circumstances, and at no time, shall an IDA | 18 |
| holder lose the ability to withdraw moneys from his or her IDA. | 19 |
| (e) Qualified purchases. A qualified asset purchase using | 20 |
| moneys from an IDA shall be defined in accordance with AFIA | 21 |
| Section 404(8) and shall be one or more of the following: | 22 |
| (1) Payment of post-secondary education expenses, if | 23 |
| the expenses are paid directly to an eligible educational | 24 |
| institution. | 25 |
| (2) Acquisition of a principal residence, if the | 26 |
| individual is buying a home for the first time and if the | 27 |
| funds are paid directly to the person to whom the amounts | 28 |
| required for the purchase are due. | 29 |
| (3) Financing of business capitalization expenses, if | 30 |
| the funds are paid directly into a business capitalization | 31 |
| account at a federally insured financial institution and | 32 |
| are restricted to use solely for qualified business | 33 |
| capitalization expenses. | 34 |
| (f) Program eligibility. Program eligibility shall be | 35 |
| established by the Department in accordance with AFIA Section | 36 |
| 408. Persons eligible to open an IDA and to receive Assets for |
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| Independence Fund moneys are Illinois citizens currently | 2 |
| residing in Illinois who are (i) able to demonstrate that they | 3 |
| are currently eligible for assistance under the State's | 4 |
| Temporary Assistance for Needy Families program or (ii) able to | 5 |
| demonstrate that the adjusted gross income of their household | 6 |
| in the calendar year preceding the determination of eligibility | 7 |
| was equal to or less than 200% of the poverty line, as | 8 |
| determined by the Federal Office of Management and Budget. An | 9 |
| individual must further demonstrate that the net worth of his | 10 |
| or her household, as of the end of the calendar year preceding | 11 |
| the determination of eligibility, does not exceed $10,000, as | 12 |
| determined by AFIA Section 408(2)(B). Notwithstanding any | 13 |
| other provision of State law, moneys in an Individual | 14 |
| Development Account, including accrued interest and matching | 15 |
| deposits, shall be disregarded for the purpose of determining | 16 |
| the eligibility and benefit levels under this Code in the case | 17 |
| of the individual establishing the IDA with respect to any | 18 |
| period during which the individual maintains or makes | 19 |
| contributions into the IDA. The Department shall approve an | 20 |
| individual to open an IDA at a federally insured financial | 21 |
| institution upon determining, based on the individual's | 22 |
| application, that all eligibility criteria are met and subject | 23 |
| to the availability of $2,000 in Assets for Independence Fund | 24 |
| moneys.
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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