Illinois General Assembly - Full Text of SB0570
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Full Text of SB0570  99th General Assembly


Sen. Toi W. Hutchinson

Filed: 8/4/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 570 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Section 9A-11 as follows:
6    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
7    Sec. 9A-11. Child Care.
8    (a) The General Assembly recognizes that families with
9children need child care in order to work. Child care is
10expensive and families with low incomes, including those who
11are transitioning from welfare to work, often struggle to pay
12the costs of day care. The General Assembly understands the
13importance of helping low income working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General



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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois Department
4shall provide child care services to parents or other relatives
5as defined by rule who are working or participating in
6employment or Department approved education or training
7programs. At a minimum, the Illinois Department shall cover the
8following categories of families:
9        (1) recipients of TANF under Article IV participating
10    in work and training activities as specified in the
11    personal plan for employment and self-sufficiency;
12        (2) families transitioning from TANF to work;
13        (3) families at risk of becoming recipients of TANF;
14        (4) families with special needs as defined by rule; and
15        (5) working families with very low incomes as defined
16    by rule.
17    The Department shall specify by rule the conditions of
18eligibility, the application process, and the types, amounts,
19and duration of services. Eligibility for child care benefits
20and the amount of child care provided may vary based on family
21size, income, and other factors as specified by rule. The State
22must serve all children who fall within the eligibility
23criteria established by the Department regarding income
24eligibility and meet the required work or school activity.
25    In determining income eligibility for child care benefits,
26the Department annually, at the beginning of each fiscal year,



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1shall establish, by rule, one income threshold for each family
2size, in relation to percentage of State median income for a
3family of that size, that makes families with incomes below the
4specified threshold eligible for assistance and families with
5incomes above the specified threshold ineligible for
6assistance. Through and including fiscal year 2007, the
7specified threshold must be no less than 50% of the
8then-current State median income for each family size.
9Beginning in fiscal year 2008, the specified threshold must be
10no less than 185% of the then-current federal poverty level for
11each family size.
12    In determining eligibility for assistance, the Department
13shall not give preference to any category of recipients or give
14preference to individuals based on their receipt of benefits
15under this Code.
16    The Department shall allocate $7,500,000 annually for a
17test program for families who are income-eligible for child
18care assistance, who are not recipients of TANF under Article
19IV, and who need child care assistance to participate in
20education and training activities. The Department shall
21specify by rule the conditions of eligibility for this test
23    Nothing in this Section shall be construed as conferring
24entitlement status to eligible families.
25    The Illinois Department is authorized to lower income
26eligibility ceilings, raise parent co-payments, create waiting



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1lists, or take such other actions during a fiscal year as are
2necessary to ensure that child care benefits paid under this
3Article do not exceed the amounts appropriated for those child
4care benefits. These changes may be accomplished by emergency
5rule under Section 5-45 of the Illinois Administrative
6Procedure Act, except that the limitation on the number of
7emergency rules that may be adopted in a 24-month period shall
8not apply.
9    The Illinois Department may contract with other State
10agencies or child care organizations for the administration of
11child care services.
12    (c) Payment shall be made for child care that otherwise
13meets the requirements of this Section and applicable standards
14of State and local law and regulation, including any
15requirements the Illinois Department promulgates by rule in
16addition to the licensure requirements promulgated by the
17Department of Children and Family Services and Fire Prevention
18and Safety requirements promulgated by the Office of the State
19Fire Marshal and is provided in any of the following:
20        (1) a child care center which is licensed or exempt
21    from licensure pursuant to Section 2.09 of the Child Care
22    Act of 1969;
23        (2) a licensed child care home or home exempt from
24    licensing;
25        (3) a licensed group child care home;
26        (4) other types of child care, including child care



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1    provided by relatives or persons living in the same home as
2    the child, as determined by the Illinois Department by
3    rule.
4    (c-5) Solely for the purposes of coverage under the
5Illinois Public Labor Relations Act, child and day care home
6providers, including licensed and license exempt,
7participating in the Department's child care assistance
8program shall be considered to be public employees and the
9State of Illinois shall be considered to be their employer as
10of the effective date of this amendatory Act of the 94th
11General Assembly, but not before. The State shall engage in
12collective bargaining with an exclusive representative of
13child and day care home providers participating in the child
14care assistance program concerning their terms and conditions
15of employment that are within the State's control. Nothing in
16this subsection shall be understood to limit the right of
17families receiving services defined in this Section to select
18child and day care home providers or supervise them within the
19limits of this Section. The State shall not be considered to be
20the employer of child and day care home providers for any
21purposes not specifically provided in this amendatory Act of
22the 94th General Assembly, including but not limited to,
23purposes of vicarious liability in tort and purposes of
24statutory retirement or health insurance benefits. Child and
25day care home providers shall not be covered by the State
26Employees Group Insurance Act of 1971.



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1    In according child and day care home providers and their
2selected representative rights under the Illinois Public Labor
3Relations Act, the State intends that the State action
4exemption to application of federal and State antitrust laws be
5fully available to the extent that their activities are
6authorized by this amendatory Act of the 94th General Assembly.
7    (d) The Illinois Department shall establish, by rule, a
8co-payment scale that provides for cost sharing by families
9that receive child care services, including parents whose only
10income is from assistance under this Code. The co-payment shall
11be based on family income and family size and may be based on
12other factors as appropriate. Co-payments may be waived for
13families whose incomes are at or below the federal poverty
15    (d-5) The Illinois Department, in consultation with its
16Child Care and Development Advisory Council, shall develop a
17plan to revise the child care assistance program's co-payment
18scale. The plan shall be completed no later than February 1,
192008, and shall include:
20        (1) findings as to the percentage of income that the
21    average American family spends on child care and the
22    relative amounts that low-income families and the average
23    American family spend on other necessities of life;
24        (2) recommendations for revising the child care
25    co-payment scale to assure that families receiving child
26    care services from the Department are paying no more than



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1    they can reasonably afford;
2        (3) recommendations for revising the child care
3    co-payment scale to provide at-risk children with complete
4    access to Preschool for All and Head Start; and
5        (4) recommendations for changes in child care program
6    policies that affect the affordability of child care.
7    (e) (Blank).
8    (f) The Illinois Department shall, by rule, set rates to be
9paid for the various types of child care. Child care may be
10provided through one of the following methods:
11        (1) arranging the child care through eligible
12    providers by use of purchase of service contracts or
13    vouchers;
14        (2) arranging with other agencies and community
15    volunteer groups for non-reimbursed child care;
16        (3) (blank); or
17        (4) adopting such other arrangements as the Department
18    determines appropriate.
19    (f-5) (Blank).
20    (g) Families eligible for assistance under this Section
21shall be given the following options:
22        (1) receiving a child care certificate issued by the
23    Department or a subcontractor of the Department that may be
24    used by the parents as payment for child care and
25    development services only; or
26        (2) if space is available, enrolling the child with a



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1    child care provider that has a purchase of service contract
2    with the Department or a subcontractor of the Department
3    for the provision of child care and development services.
4    The Department may identify particular priority
5    populations for whom they may request special
6    consideration by a provider with purchase of service
7    contracts, provided that the providers shall be permitted
8    to maintain a balance of clients in terms of household
9    incomes and families and children with special needs, as
10    defined by rule.
11(Source: P.A. 97-422, eff. 8-16-11.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".