Full Text of SB0232 94th General Assembly
SB0232 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0232
Introduced 2/2/2005, by Sen. Louis S. Viverito SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/11-8 |
from Ch. 23, par. 11-8 |
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Amends the Illinois Public Aid Code.
Provides
that the members of each Public Aid Committee and the members of the Cook
County
Townships Public Aid Committee are immune from personal liability in connection
with
their service on the committee to the same extent as an elected or appointed
judge in this
State is immune from personal liability in connection with the performance of
his or her
duties as judge. Effective immediately.
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A BILL FOR
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SB0232 |
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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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SB0232 |
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LRB094 06043 DRJ 36103 b |
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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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LRB094 06043 DRJ 36103 b |
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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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LRB094 06043 DRJ 36103 b |
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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.
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| An appeal shall be without cost to the appellant and shall | 18 |
| be made, at
the option of the appellant, either upon forms | 19 |
| provided and prescribed by
the Illinois Department or, for | 20 |
| appeals to a Public Aid Committee, upon
forms prescribed by the | 21 |
| County Board; or an appeal may be made by calling a
toll-free | 22 |
| number provided for that purpose by the Illinois Department and
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| providing the necessary information. The Illinois Department | 24 |
| may assist
County Boards or a Commissioner of Appeals in the | 25 |
| preparation of appeal
forms, or upon request of a County Board | 26 |
| or Commissioner of Appeals may
furnish such forms. County | 27 |
| Departments and local governmental units shall
render all | 28 |
| 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 | 30 |
| 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 | 33 |
| becoming law. |
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