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| Public Act 103-0192 | ||||
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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 5. The Township Code is amended by changing | ||||
Section 85-13 as follows:
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(60 ILCS 1/85-13)
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Sec. 85-13. Township services, generally.
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(a) The township board may either expend funds directly or | ||||
may enter into
any cooperative agreement or contract with any | ||||
other governmental entity,
not-for-profit corporation, | ||||
non-profit community service association, or any
for-profit | ||||
business entity as provided in subsection (b) with respect to | ||||
the
expenditure of township funds, or funds made available to | ||||
the township under
the federal State and Local Fiscal | ||||
Assistance Act of 1972, to provide any of
the following | ||||
services to the residents of the township:
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(1) Ordinary and necessary maintenance and operating | ||||
expenses for the
following:
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(A) Public safety (including law enforcement, fire | ||||
protection, and
building code enforcement).
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(B) Environmental protection (including sewage | ||||
disposal, sanitation,
and pollution abatement).
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(C) Public transportation (including transit | ||||
systems, paratransit
systems, and streets and roads).
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(D) Health, including mental, behavioral, eye, | ||
dental, or other healthcare.
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(E) Recreation.
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(F) Libraries.
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(G) Social services for the poor and aged.
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(2) Ordinary and necessary capital expenditures | ||
authorized by law.
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(3) Development and retention of business, industrial, | ||
manufacturing,
and tourist facilities within the township.
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(b) To be eligible to receive funds from the township | ||
under this Section, a
private not-for-profit corporation or | ||
community service association shall have
been in existence at | ||
least one year before receiving the funds. The township
board | ||
may, however, for the purpose of providing day care services, | ||
contract
with day care facilities licensed under the Child | ||
Care Act of 1969, regardless
of whether the facilities are | ||
organized on a for-profit or not-for-profit
basis.
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(c) Township governments that directly expend or contract | ||
for day care
shall use the standard of need established by the | ||
Department of Children and
Family Services in determining | ||
recipients of subsidized day care and shall use
the rate | ||
schedule used by the Department of Children and Family | ||
Services for
the purchase of subsidized day care. | ||
Notwithstanding the preceding sentence, the township board may | ||
approve the application of a different, publicly available, | ||
professional or academically recognized standard of need in | ||
determining eligibility for subsidized day care.
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(d) Township governments that directly expend or contract | ||
for senior
citizen services may contract with for-profit (or | ||
not-for-profit) and
non-sectarian organizations as provided in | ||
Sections 220-15 and 220-35.
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(e) Those township supervisors or other elected township | ||
officials who are
also members of a county board shall not vote | ||
on questions before the township
board or the county board | ||
that relate to agreements or contracts between the
township | ||
and the county under this Section or agreements or contracts | ||
between
the township and the county that are otherwise | ||
authorized by law.
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(f) The township board may enter into direct agreements | ||
with for-profit
corporations or other business entities to | ||
carry out recycling programs in
unincorporated areas of the | ||
township.
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The township board may by ordinance administer a recycling | ||
program or adopt rules and regulations relating to
recycling | ||
programs in unincorporated areas of the township that it from | ||
time to
time deems necessary and may provide penalties for | ||
violations of those rules
and regulations.
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(g) For purposes of alleviating high unemployment, | ||
economically depressed
conditions, and lack of moderately | ||
priced housing, the trustees of a
township that includes all | ||
or a portion of a city that is a "financially
distressed city" | ||
under the Financially Distressed City Law may contract with
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one or more not-for-profit or for-profit organizations to | ||
construct and operate
within the boundaries of the township a | ||
factory designed to manufacture housing
or housing components. | ||
The contract may provide for the private organization or
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organizations to manage some or all operations of the factory | ||
and may provide
for (i) payment of employee compensation and | ||
taxes; (ii) discharge of other
legal responsibilities; (iii) | ||
sale of products; (iv) disposition of the
factory, equipment, | ||
and other property; and (v) any other matters the township
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trustees consider reasonable.
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(Source: P.A. 95-119, eff. 8-13-07.)
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Section 10. The Illinois Public Aid Code is amended by | ||
changing Sections 1-10, 6-9, and 6-12 and by adding Section | ||
6-11a as follows:
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(305 ILCS 5/1-10)
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Sec. 1-10. Drug convictions.
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(a) Persons convicted of an offense under the Illinois | ||
Controlled Substances
Act, the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act which is | ||
a Class X felony, or a Class 1 felony,
or comparable federal | ||
criminal law which has as an element the
possession, use, or | ||
distribution of a controlled substance, as defined in
Section | ||
102(6) of the federal Controlled Substances Act (21 U.S.C. | ||
802(c)),
shall not be eligible for cash assistance provided | ||
under this Code.
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(b) Persons convicted of
any other felony under the | ||
Illinois Controlled Substances Act, the Cannabis
Control Act, | ||
or the Methamphetamine Control and Community Protection Act | ||
which is not a Class X or Class 1 felony, or comparable
federal | ||
criminal law which has as an element the possession, use, or
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distribution of a
controlled substance, as defined in Section | ||
102(6) of the federal Controlled
Substances Act (21 U.S.C. | ||
802(c)), shall not be eligible for cash assistance
provided | ||
under this Code for 2 years from the date of conviction. This
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prohibition shall not apply if the person is in a drug | ||
treatment program,
aftercare program, or similar program as | ||
defined by rule.
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(c) Persons shall not be determined ineligible for food | ||
stamps provided
under this Code based upon a conviction of any | ||
felony or comparable federal or
State criminal law which has | ||
an element the possession, use or distribution of
a controlled | ||
substance, as defined in Section 102(6) of the federal | ||
Controlled Substances
Act (21 U.S.C. 802(c)).
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(d) Notwithstanding any other provision of this Section to | ||
the contrary, persons shall not be determined ineligible for | ||
cash assistance provided under Article IV or Article VI of | ||
this Code based upon a conviction for any drug-related felony | ||
under State or federal law. | ||
(Source: P.A. 102-178, eff. 10-30-21.)
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(305 ILCS 5/6-9) (from Ch. 23, par. 6-9)
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Sec. 6-9.
(a) (1) A local governmental unit may provide | ||
assistance to
households under its General Assistance program | ||
following a declaration by
the President of the United States | ||
of a major disaster or emergency
pursuant to the Federal | ||
Disaster Relief Act of 1974, as now or hereafter
amended, if | ||
the local governmental unit is within the area designated | ||
under
the declaration. A local government unit may also | ||
provide assistance to households under its General Assistance | ||
program following a disaster proclamation issued by the | ||
Governor if the local governmental unit is within the area | ||
designated under the proclamation. Assistance under this | ||
Section may be provided to
households which have suffered | ||
damage, loss or hardships as a result of the
major disaster or | ||
emergency. Assistance under this Section may be provided
to | ||
households without regard to the eligibility requirements and | ||
other
requirements of this Code. Assistance under this Section | ||
may be provided
only during the 90-day period following the | ||
date of declaration of a major
disaster or emergency.
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(2) A local governmental unit
shall not use State funds to | ||
provide assistance under this Section. If a local
governmental | ||
unit receives State funds to provide General Assistance under | ||
this
Article, assistance provided by the local governmental | ||
unit under this
Section shall not be considered in determining | ||
whether a local governmental
unit has qualified to receive | ||
State funds under Article XII.
A local governmental unit which | ||
provides assistance under this
Section shall not, as a result | ||
of payment of such assistance, change the
nature or amount of | ||
assistance provided to any other individual or family
under | ||
this Article.
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(3) This Section shall not apply to any municipality of | ||
more than 500,000
population in which a separate program has | ||
been established by the Illinois
Department under Section 6-1.
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(b) (1) A local governmental unit may provide assistance | ||
to households
for food and temporary shelter. To qualify for | ||
assistance a household
shall submit to the local governmental | ||
unit: (A) such application as the
local governmental unit may | ||
require; (B) a copy of an application to the
Federal Emergency | ||
Management Agency (hereinafter "FEMA") or the Small
Business | ||
Administration (hereinafter "SBA") for assistance; (C) such | ||
other
proof of damage, loss or hardship as the local | ||
governmental unit may
require; and (D) an agreement to | ||
reimburse the local governmental unit for
the amount of any | ||
assistance received by the household under this subsection | ||
(b).
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(2) Assistance under this subsection (b) may be in the | ||
form of cash or
vouchers. The amount of assistance provided to | ||
a household in any month
under this subsection (b) shall not | ||
exceed the maximum amount payable under Section 6-2.
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(3) No assistance shall be provided to a household after | ||
it receives a
determination of its application to FEMA or SBA | ||
for assistance.
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(4) A household which has received assistance under this | ||
subsection (b)
shall reimburse the local governmental unit in | ||
full for any assistance
received under this subsection. If the | ||
household receives
assistance from FEMA or SBA in the form of | ||
loans or grants, the household
shall reimburse the local | ||
governmental unit from those funds. If the
household's request | ||
for assistance is denied or rejected by the FEMA or
SBA, the | ||
household shall repay the local governmental unit in | ||
accordance with a
repayment schedule prescribed by the local | ||
governmental unit.
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(c) (1) A local governmental unit may provide assistance | ||
to households
for structural repairs to homes or for repair or | ||
replacement of home electrical
or heating systems, bedding and | ||
food refrigeration equipment. To qualify
for assistance a | ||
household shall submit to the local governmental unit:
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(A) such application as the local governmental unit may | ||
require; (B) a
copy of claim to an insurance company for | ||
reimbursement for the damage or
loss for which assistance is | ||
sought; (C) such other proof of damage, loss
or hardship as the | ||
local governmental unit may require; and (D) an
agreement to | ||
reimburse the local governmental unit for the amount of any
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assistance received by the household under this subsection | ||
(c).
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(2) Any assistance provided under this subsection (c) | ||
shall be in the
form of direct payments to vendors, and shall | ||
not be made directly to a
household. The total amount of | ||
assistance provided to a household under
this subsection (c) | ||
shall not exceed $1,500.
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(3) No assistance shall be provided to a household after | ||
it receives a
determination of its insurance claims.
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(4) A household which has received assistance under this | ||
subsection (c)
shall reimburse the local governmental unit in | ||
full for any assistance
received under this subsection. If the | ||
household's insurance claim is
approved, the household shall | ||
reimburse the local governmental unit from
the proceeds. If | ||
the household's insurance claim is denied, the household
shall | ||
repay the local governmental unit in accordance with a | ||
repayment
schedule prescribed by the local governmental unit.
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(Source: P.A. 85-1233.)
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(305 ILCS 5/6-11a new) | ||
Sec. 6-11a. Townships. A local governmental unit may | ||
provide assistance under its General Assistance program under | ||
a service that complies with Section 85-13 of the Township | ||
Code. Before a local governmental unit provides assistance | ||
under this Section, the board of the local governmental unit | ||
shall adopt a policy providing which services are eligible | ||
under Section 85-13 of the Township Code for General | ||
Assistance.
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(305 ILCS 5/6-12) (from Ch. 23, par. 6-12)
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Sec. 6-12. General Assistance not funded by State. General | ||
Assistance
programs in local governments that do not receive | ||
State funds shall
continue to be governed by Sections 6-1 | ||
through 6-10, as applicable, as
well as other relevant parts | ||
of this Code and other laws. However,
notwithstanding any | ||
other provision of this Code, any unit of local
government | ||
that does not receive State funds may implement a General
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Assistance program that complies with Section 6-11 and 6-11a. | ||
So long as the that
program complies with either Section 6-11 | ||
or 6-12, the program shall not
be deemed out of compliance with | ||
or in violation of this Code.
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(Source: P.A. 87-860.)
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