Full Text of SB0232 94th General Assembly
SB0232enr 94TH GENERAL ASSEMBLY
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SB0232 Enrolled |
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LRB094 06043 DRJ 36103 b |
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| AN ACT in relation to public health.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 11-8
as follows:
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| (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
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| Sec. 11-8. Appeals - to whom taken. Applicants or | 8 |
| recipients of aid
may, at any time within 60 days after the | 9 |
| decision of the County
Department or local governmental unit, | 10 |
| as the case may be, appeal a
decision denying or terminating | 11 |
| aid, or granting aid in an amount which
is deemed inadequate, | 12 |
| or changing, cancelling, revoking or suspending
grants as | 13 |
| provided in Section 11-16, or determining to make a protective
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| payment under the provisions of Sections 3-5a or 4-9, or a | 15 |
| decision by an
administrative review board to impose | 16 |
| administrative safeguards as provided
in Section 8A-8. An | 17 |
| appeal shall also lie when an application is not acted
upon | 18 |
| within the time period after filing of the application as | 19 |
| provided by rule
of the Illinois Department.
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| If an appeal is not made, the action of the County | 21 |
| Department or
local governmental unit shall be final.
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| Appeals by applicants or recipients under Articles III, IV, | 23 |
| or V
shall be taken to the Illinois Department.
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| Appeals by applicants or recipients under Article VI shall | 25 |
| be taken
as follows:
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| (1) In counties under township organization (except | 27 |
| such counties in
which the governing authority is a Board | 28 |
| of Commissioners) appeals shall
be to a Public Aid | 29 |
| Committee consisting of the Chairman of the County
Board, | 30 |
| and 4 members who are township supervisors of general | 31 |
| assistance,
appointed by the Chairman, with the advice and | 32 |
| consent of the county board.
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| (2) In counties in excess of 3,000,000 population and | 2 |
| under township
organization in which the governing | 3 |
| authority is a Board of
Commissioners, appeals of persons | 4 |
| from government units outside the
corporate limits of a | 5 |
| city, village or incorporated town of more than
500,000 | 6 |
| population, and of persons from incorporated towns which | 7 |
| have
superseded civil townships in respect to aid under | 8 |
| Article VI, shall be
to the Cook County Townships Public | 9 |
| Aid Committee consisting of 2
township supervisors and 3
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| persons knowledgeable in the area of General Assistance and | 11 |
| the regulations
of the Illinois Department pertaining | 12 |
| thereto and who are not officers,
agents or employees of | 13 |
| any township, except that township supervisors may
serve as | 14 |
| members of the Cook County Township Public Aid and | 15 |
| Committee. The 5
member committee shall be
appointed by the | 16 |
| township supervisors. The first appointments shall be made
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| with one person serving a one year term, 2 persons serving | 18 |
| a 2 year term,
and 2 persons serving a 3 year term. | 19 |
| Committee members shall thereafter
serve 3 year terms. In | 20 |
| any appeal involving a local governmental unit whose
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| supervisor of general assistance is a member of the | 22 |
| Committee, such
supervisor shall not act as a member of the | 23 |
| Committee for the purposes of
such appeal, and the | 24 |
| Committee shall select another township supervisor to
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| serve as an alternate
member for that appeal.
The township | 26 |
| whose action, inaction, or decision is being
appealed shall | 27 |
| bear the expenses related to the appeal as determined by | 28 |
| the
Cook County Townships Public Aid Committee. A township | 29 |
| supervisor's
compensation for general assistance or | 30 |
| township related duties shall not be
considered an expense | 31 |
| related to the appeal except for expenses related to
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| service on the Committee.
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| (3) In counties described in paragraph (2) appeals of | 34 |
| persons from
a city, village or incorporated town of more | 35 |
| than 500,000 population
shall be to the Illinois | 36 |
| Department.
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| (4) In counties not under township organization, | 2 |
| appeals shall be to
the County Board of Commissioners which | 3 |
| shall for this purpose be the
Public Aid Committee of the | 4 |
| County.
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| In counties designated in paragraph (1) the Chairman or | 6 |
| President of
the County Board shall appoint, with the advice | 7 |
| and consent of the
county board, one or more alternate members | 8 |
| of the Public Aid Committee.
All regular and alternate members | 9 |
| shall be Supervisors of General
Assistance. In any appeal | 10 |
| involving a local governmental unit whose
Supervisor of General | 11 |
| Assistance is a member of the Committee, he shall
be replaced | 12 |
| for that appeal by an alternate member designated by the
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| Chairman or President of the County Board, with the advice and | 14 |
| consent
of the county board. In these counties not more than 3 | 15 |
| of the 5 regular
appointees shall be members of the same | 16 |
| political party unless the
political composition of the | 17 |
| Supervisors of the General Assistance
precludes such a | 18 |
| limitation. In these counties at least one member of the
Public | 19 |
| Aid Committee shall be a person knowledgeable in the area of | 20 |
| general
assistance and the regulations of the Illinois | 21 |
| Department pertaining
thereto. If no member of the Committee | 22 |
| possesses such knowledge, the
Illinois Department shall | 23 |
| designate an employee of the Illinois Department
having such | 24 |
| knowledge to be present at the Committee hearings to advise
the | 25 |
| Committee.
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| In every county the County Board shall provide facilities | 27 |
| for the
conduct of hearings on appeals under Article VI. All | 28 |
| expenses incident
to such hearings shall be borne by the county | 29 |
| except that in counties
under township organization in which | 30 |
| the governing authority is a Board
of Commissioners (1) the | 31 |
| salary and other expenses of the Commissioner
of Appeals shall | 32 |
| be paid from General Assistance funds available for
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| administrative purposes, and (2) all expenses incident to such | 34 |
| hearings
shall be borne by the township and the per diem and | 35 |
| traveling expenses
of the township supervisors serving on the | 36 |
| Public Aid Committee shall be
fixed and paid by their |
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| respective townships. In all other counties the
members of the | 2 |
| Public Aid Committee shall receive the compensation and
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| expenses provided by law for attendance at meetings of the | 4 |
| County Board.
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| In appeals under Article VI involving a governmental unit | 6 |
| receiving
State funds, the Public Aid Committee and the | 7 |
| Commissioner of Appeals
shall be bound by the rules and | 8 |
| regulations of the Illinois Department
which are relevant to | 9 |
| the issues on appeal, and shall file such reports
concerning | 10 |
| appeals as the Illinois Department requests.
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| The members of each Public Aid Committee and the members of | 12 |
| the Cook
County Townships Public Aid Committee are immune from | 13 |
| personal liability in connection with their service on the | 14 |
| committee to the same extent as an elected or appointed judge | 15 |
| in this State is immune from personal liability in connection | 16 |
| with the performance of his or her duties as judge. This | 17 |
| immunity applies only to causes of action accruing on or after | 18 |
| the effective date of this amendatory Act of the 94th General | 19 |
| Assembly.
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| An appeal shall be without cost to the appellant and shall | 21 |
| be made, at
the option of the appellant, either upon forms | 22 |
| provided and prescribed by
the Illinois Department or, for | 23 |
| appeals to a Public Aid Committee, upon
forms prescribed by the | 24 |
| County Board; or an appeal may be made by calling a
toll-free | 25 |
| number provided for that purpose by the Illinois Department and
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| providing the necessary information. The Illinois Department | 27 |
| may assist
County Boards or a Commissioner of Appeals in the | 28 |
| preparation of appeal
forms, or upon request of a County Board | 29 |
| or Commissioner of Appeals may
furnish such forms. County | 30 |
| Departments and local governmental units shall
render all | 31 |
| possible aid to persons desiring to make an appeal. The
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| provisions of Sections 11-8.1 to 11-8.7, inclusive, shall apply | 33 |
| to all
such appeals.
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| (Source: P.A. 92-111, eff. 1-1-02; 93-295, eff. 7-22-03.)
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| Section 99. Effective date. This Act takes effect upon |
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SB0232 Enrolled |
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| becoming law. |
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