Full Text of HB5346 97th General Assembly
HB5346 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5346 Introduced 2/8/2012, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/4-2 | from Ch. 23, par. 4-2 |
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Amends the Temporary Assistance For Needy Families Article of the Illinois Public Aid Code. With certain exceptions, provides that a family, receiving aid under the Temporary Assistance For Needy Families Program, shall not receive any increase in the amount of aid on account of the birth of a child if the birth of the child would increase the number of children receiving aid within the family to 4 or more.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 to
| 12 | | the income, money contributions and other support and resources | 13 | | available, from
whatever source. However, the amount and nature | 14 | | of any financial aid is not
affected by the payment of any | 15 | | grant under the "Senior Citizens and Disabled
Persons Property | 16 | | Tax Relief and Pharmaceutical Assistance Act" or any
| 17 | | distributions or items of income described under subparagraph | 18 | | (X) of paragraph
(2) of subsection (a) of Section 203 of the | 19 | | Illinois Income Tax Act. The aid
shall be sufficient, when | 20 | | added to all other income, money contributions and
support to | 21 | | provide the family with a grant in the amount established by
| 22 | | Department regulation.
| 23 | | Subject to appropriation, beginning on July 1, 2008, the |
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| 1 | | Department of Human Services shall increase TANF grant amounts | 2 | | in effect on June 30, 2008 by 15%. The Department is authorized | 3 | | to administer this increase but may not otherwise adopt any | 4 | | rule to implement this increase. | 5 | | (b) The Illinois Department may conduct special projects, | 6 | | which may be
known as Grant Diversion Projects, under which | 7 | | recipients of financial aid
under this Article are placed in | 8 | | jobs and their grants are diverted to the
employer who in turn | 9 | | makes payments to the recipients in the form of salary
or other | 10 | | employment benefits. The Illinois Department shall by rule | 11 | | specify
the terms and conditions of such Grant Diversion | 12 | | Projects. Such projects
shall take into consideration and be | 13 | | coordinated with the programs
administered under the Illinois | 14 | | Emergency Employment Development Act.
| 15 | | (c) The amount and nature of the financial aid for a child | 16 | | requiring
care outside his own home shall be determined in | 17 | | accordance with the rules
and regulations of the Illinois | 18 | | Department, with due regard to the needs
and requirements of | 19 | | the child in the foster home or institution in which
he has | 20 | | been placed.
| 21 | | (d) If the Department establishes grants for family units | 22 | | consisting
exclusively of a pregnant woman with no dependent | 23 | | child or including her
husband if living with her, the grant | 24 | | amount for such a unit
shall be equal to the grant amount for | 25 | | an assistance unit consisting of one
adult, or 2 persons if the | 26 | | husband is included. Other than as herein
described, an unborn |
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| 1 | | child shall not be counted
in determining the size of an | 2 | | assistance unit or for calculating grants.
| 3 | | Payments for basic maintenance requirements of a child or | 4 | | children
and the relative with whom the child or children are | 5 | | living shall be
prescribed, by rule, by the Illinois | 6 | | Department.
| 7 | | Grants under this Article shall not be supplemented by | 8 | | General
Assistance provided under Article VI.
| 9 | | (e) Grants shall be paid to the parent or other person with | 10 | | whom the
child or children are living, except for such amount | 11 | | as is paid in
behalf of the child or his parent or other | 12 | | relative to other persons or
agencies pursuant to this Code or | 13 | | the rules and regulations of the
Illinois Department.
| 14 | | (f) Subject to subsection (f-5), an assistance unit, | 15 | | receiving
financial
aid under this Article or
temporarily | 16 | | ineligible to receive aid under this Article under a penalty
| 17 | | imposed by the Illinois Department for failure to comply with | 18 | | the eligibility
requirements or that voluntarily requests | 19 | | termination of financial assistance
under this Article and | 20 | | becomes subsequently eligible for assistance within 9
months, | 21 | | shall not receive any increase in the amount of aid solely on | 22 | | account
of the birth of a child; except that an increase is not | 23 | | prohibited when the
birth is (i) of a child of a pregnant woman
| 24 | | who became eligible for aid under this Article during the | 25 | | pregnancy,
or (ii) of a child born within 10 months after the | 26 | | date of implementation of
this subsection, or (iii) of a child |
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| 1 | | conceived after a family became
ineligible for assistance due | 2 | | to income or marriage and at least 3 months of
ineligibility | 3 | | expired before any reapplication for assistance. This | 4 | | subsection
does not, however, prevent a unit from receiving a | 5 | | general increase in the
amount of aid that is provided to all | 6 | | recipients of aid under this Article.
| 7 | | The Illinois Department is authorized to transfer funds, | 8 | | and shall use any
budgetary savings attributable to not | 9 | | increasing the grants due to the births
of additional children, | 10 | | to supplement existing funding for employment and
training | 11 | | services for recipients of aid under this Article IV. The | 12 | | Illinois
Department shall target, to the extent the | 13 | | supplemental funding allows,
employment and training services | 14 | | to the families who do not receive a grant
increase after the | 15 | | birth of a child. In addition, the Illinois Department
shall | 16 | | provide, to the extent the supplemental funding allows, such | 17 | | families
with up to 24 months of transitional child care | 18 | | pursuant to Illinois Department
rules. All remaining | 19 | | supplemental funds shall be used for employment and
training | 20 | | services or transitional child care support.
| 21 | | In making the transfers authorized by this subsection, the | 22 | | Illinois
Department shall first determine, pursuant to | 23 | | regulations adopted by the
Illinois Department for this | 24 | | purpose, the amount of savings attributable to
not increasing | 25 | | the grants due to the births of additional children. Transfers
| 26 | | may be made from General Revenue Fund appropriations for |
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| 1 | | distributive purposes
authorized by Article IV of this Code | 2 | | only to General Revenue Fund
appropriations for employability | 3 | | development services including operating
and administrative | 4 | | costs and related distributive purposes under Article
IXA of | 5 | | this Code. The Director, with the approval of the Governor, | 6 | | shall
certify the amount and affected line item appropriations | 7 | | to the State
Comptroller.
| 8 | | Nothing in this subsection shall be construed to prohibit | 9 | | the Illinois
Department from using funds under this Article IV | 10 | | to provide
assistance in the form of vouchers
that may be used | 11 | | to pay for goods and services deemed by the Illinois
| 12 | | Department, by rule, as suitable for the care of the child such | 13 | | as diapers,
clothing, school supplies, and cribs.
| 14 | | (f-5) Subsection (f) shall not apply to affect the monthly | 15 | | assistance
amount of
any family as a result of the birth of a | 16 | | child on or after January 1, 2004.
As resources permit after | 17 | | January 1, 2004, the Department may
cease applying subsection | 18 | | (f) to limit assistance to families receiving
assistance under | 19 | | this Article on January 1, 2004, with respect to children
born | 20 | | prior to that date. In any event, subsection (f) shall be | 21 | | completely
inoperative on and after July 1, 2007.
| 22 | | (g) (Blank).
| 23 | | (h) Notwithstanding any other provision of this Code, the | 24 | | Illinois
Department is authorized to reduce payment levels used | 25 | | to determine cash grants
under this Article after December 31 | 26 | | of any fiscal year if the Illinois
Department determines that |
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| 1 | | the caseload upon which the appropriations for the
current | 2 | | fiscal year are based have increased by more than 5% and the
| 3 | | appropriation is not sufficient to ensure that
cash benefits | 4 | | under this Article do not exceed the amounts appropriated for
| 5 | | those cash benefits. Reductions in payment levels may be | 6 | | accomplished by
emergency rule under Section 5-45 of the | 7 | | Illinois Administrative Procedure Act,
except that the | 8 | | limitation on the number of emergency rules that may be adopted
| 9 | | in a 24-month period shall not apply and the provisions of | 10 | | Sections 5-115 and
5-125 of the Illinois Administrative | 11 | | Procedure Act shall not apply.
Increases in payment levels | 12 | | shall be accomplished only in accordance with
Section 5-40 of | 13 | | the Illinois Administrative Procedure Act. Before any rule
to | 14 | | increase payment levels
promulgated under this Section shall | 15 | | become effective, a joint resolution
approving the rule must be | 16 | | adopted by a roll call vote by a majority of the
members | 17 | | elected to each chamber of the General Assembly.
| 18 | | (i) Notwithstanding any other provision of this Code, a | 19 | | family, receiving financial aid under this Article, shall not | 20 | | receive any increase in the amount of aid on account of the | 21 | | birth of a child if the birth of the child would increase the | 22 | | number of children receiving aid within the family to 4 or | 23 | | more. Nothing in this subsection shall prohibit the Department | 24 | | from granting financial aid under this Article to a family | 25 | | containing 4 or more children if such children were born prior | 26 | | to the family's initial application and receipt of aid under |
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| 1 | | this Article or if, in the case of an unborn child, the | 2 | | pregnancy has been determined by medical diagnosis
and the | 3 | | mother of the unborn child became eligible for aid under this | 4 | | Article during the pregnancy. | 5 | | (Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09; | 6 | | 96-1000, eff. 7-2-10.)
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