Illinois General Assembly - Full Text of HB3021
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Full Text of HB3021  93rd General Assembly

HB3021ham001 93rd General Assembly


093_HB3021ham001

 










                                     LRB093 09972 DRJ 12960 a

 1                    AMENDMENT TO HOUSE BILL 3021

 2        AMENDMENT NO.     .  Amend House Bill 3021  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois Public Aid Code is amended by
 5    changing Section 4-2 as follows:

 6        (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
 7        Sec. 4-2.  Amount of aid.
 8        (a)  The amount and nature  of  financial  aid  shall  be
 9    determined  in  accordance  with the grant amounts, rules and
10    regulations of the Illinois Department.  Due regard shall  be
11    given  to the self-sufficiency requirements of the family and
12    to the income, money  contributions  and  other  support  and
13    resources  available,  from  whatever  source.   However, the
14    amount and nature of any financial aid is not affected by the
15    payment of any grant under the "Senior Citizens and  Disabled
16    Persons  Property  Tax  Relief  and Pharmaceutical Assistance
17    Act" or any distributions or items of income described  under
18    subparagraph  (X)  of  paragraph  (2)  of  subsection  (a) of
19    Section 203 of the Illinois Income Tax Act.  The aid shall be
20    sufficient,  when  added   to   all   other   income,   money
21    contributions  and support to provide the family with a grant
22    in the amount established by Department regulation.
 
                            -2-      LRB093 09972 DRJ 12960 a
 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.
31        Grants  under  this  Article shall not be supplemented by
32    General Assistance provided under Article VI.
33        (e)  Grants shall be paid to the parent or  other  person
34    with  whom  the child or children are living, except for such
 
                            -3-      LRB093 09972 DRJ 12960 a
 1    amount as is paid in behalf of the child  or  his  parent  or
 2    other  relative to other persons or agencies pursuant to this
 3    Code or the rules and regulations of the Illinois Department.
 4        (f)  (Blank). An assistance unit, receiving financial aid
 5    under this Article or temporarily ineligible to  receive  aid
 6    under  this  Article  under a penalty imposed by the Illinois
 7    Department  for  failure  to  comply  with  the   eligibility
 8    requirements  or  that  voluntarily  requests  termination of
 9    financial  assistance  under   this   Article   and   becomes
10    subsequently  eligible  for assistance within 9 months, shall
11    not receive any increase in  the  amount  of  aid  solely  on
12    account  of  the birth of a child; except that an increase is
13    not prohibited when the birth is (i) of a child of a pregnant
14    woman who became eligible for aid under this  Article  during
15    the pregnancy, or (ii) of a child born within 10 months after
16    the date of implementation of this subsection, or  (iii) of a
17    child   conceived   after  a  family  became  ineligible  for
18    assistance due to income or marriage and at least 3 months of
19    ineligibility   expired   before   any   reapplication    for
20    assistance.   This  subsection  does  not, however, prevent a
21    unit from receiving a general increase in the amount  of  aid
22    that is provided to all recipients of aid under this Article.
23        The  Illinois Department is authorized to transfer funds,
24    and shall use  any  budgetary  savings  attributable  to  not
25    increasing  the  grants  due  to  the  births  of  additional
26    children,  to  supplement existing funding for employment and
27    training services for recipients of aid  under  this  Article
28    IV.   The Illinois Department shall target, to the extent the
29    supplemental funding allows, employment and training services
30    to the families who do not receive a grant increase after the
31    birth of a child.  In addition, the Illinois Department shall
32    provide, to the extent the supplemental funding allows,  such
33    families  with  up  to  24  months of transitional child care
34    pursuant  to  Illinois  Department  rules.    All   remaining
 
                            -4-      LRB093 09972 DRJ 12960 a
 1    supplemental  funds shall be used for employment and training
 2    services or transitional child care support.
 3        In making the transfers authorized  by  this  subsection,
 4    the  Illinois  Department  shall first determine, pursuant to
 5    regulations adopted by  the  Illinois  Department  for   this
 6    purpose, the amount of savings attributable to not increasing
 7    the   grants  due  to  the  births  of  additional  children.
 8    Transfers   may   be   made   from   General   Revenue   Fund
 9    appropriations  for  distributive  purposes   authorized   by
10    Article  IV  of  this  Code  only  to  General  Revenue  Fund
11    appropriations   for   employability   development   services
12    including  operating  and  administrative  costs  and related
13    distributive purposes under Article IXA  of  this  Code.  The
14    Director,  with  the  approval of the Governor, shall certify
15    the amount and affected line item appropriations to the State
16    Comptroller.
17        Nothing in this subsection shall be construed to prohibit
18    the Illinois Department from using funds under  this  Article
19    IV  to provide assistance in the form of vouchers that may be
20    used to pay for goods and services  deemed  by  the  Illinois
21    Department,  by  rule,  as suitable for the care of the child
22    such as diapers, clothing, school supplies, and cribs.
23        (g)  (Blank).
24        (h)  Notwithstanding any other provision  of  this  Code,
25    the  Illinois  Department  is  authorized  to  reduce payment
26    levels used to determine cash grants under this Article after
27    December 31 of any fiscal year  if  the  Illinois  Department
28    determines  that  the  caseload upon which the appropriations
29    for the current fiscal year are based have increased by  more
30    than  5%  and  the  appropriation is not sufficient to ensure
31    that cash benefits under  this  Article  do  not  exceed  the
32    amounts  appropriated for those cash benefits.  Reductions in
33    payment levels may be accomplished by  emergency  rule  under
34    Section  5-45  of  the Illinois Administrative Procedure Act,
 
                            -5-      LRB093 09972 DRJ 12960 a
 1    except that the limitation on the number of  emergency  rules
 2    that  may be adopted in a 24-month period shall not apply and
 3    the provisions of Sections 5-115 and 5-125  of  the  Illinois
 4    Administrative  Procedure  Act  shall not apply. Increases in
 5    payment levels shall be accomplished only in accordance  with
 6    Section  5-40  of  the Illinois Administrative Procedure Act.
 7    Before any rule to increase payment levels promulgated  under
 8    this  Section  shall  become  effective,  a  joint resolution
 9    approving the rule must be adopted by a roll call vote  by  a
10    majority  of  the  members  elected  to  each  chamber of the
11    General Assembly.
12    (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.".