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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0126eng
305 ILCS 5/12-13.3 new
Amends the "Administration" Article of the Public Aid
Code. Requires the Department of Public Aid to continue to
provide assistance to persons who (i) were receiving that
assistance on December 31, 1996, (ii) are lawful permanent
resident aliens, and (iii) have lost their eligibility for
that assistance solely because of their status as lawful
permanent resident aliens. Effective immediately.
LRB9000490DJcd
HB0126 Engrossed LRB9000490DJcd
1 AN ACT to amend the Illinois Public Aid Code by amending
2 Sections 3-1, 3-13, 4-1, and 6-1, and by adding Sections
3 3-1.8 and 12-13.3.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Public Aid Code is amended by
7 changing Sections 3-1, 3-13, 4-1, and 6-1, and by adding
8 Sections 3-1.8 and 12-13.3 as follows:
9 (305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
10 Sec. 3-1. Eligibility Requirements; purpose.
11 (a) Eligibility requirements. Financial aid in meeting
12 basic maintenance requirements for a livelihood compatible
13 with health and well-being shall be given under this Article
14 to or in behalf of aged, blind, or disabled persons who meet
15 the eligibility conditions of Sections 3-1.1 through 3-1.8
16 and who are legal permanent residents or who are permanently
17 residing under color of law in the United States 3-1.7.
18 Financial aid under this Article shall be available only for
19 persons who are receiving Supplemental Security Income (SSI)
20 or who have been found ineligible for SSI on the basis of
21 income.
22 "Aged person" means a person who has attained age 65, as
23 demonstrated by such evidence of age as the Illinois
24 Department may by rule prescribe.
25 "Blind person" means a person who has no vision or whose
26 vision with corrective glasses is so defective as to prevent
27 the performance of ordinary duties or tasks for which
28 eyesight is essential. The Illinois Department shall define
29 blindness in terms of ophthalmic measurements or ocular
30 conditions. For purposes of this Act, an Illinois Disabled
31 Person Identification Card issued pursuant to The Illinois
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1 Identification Card Act, indicating that the person thereon
2 named has a Type 3 disability shall be evidence that such
3 person is a blind person within the meaning of this Section;
4 however, such a card shall not qualify such person for aid as
5 a blind person under this Act, and eligibility for aid as a
6 blind person shall be determined as provided in this Act.
7 "Disabled person" means a person age 18 or over who has a
8 physical or mental impairment, disease, or loss which is of a
9 permanent nature and which substantially impairs his ability
10 to perform labor or services or to engage in useful
11 occupations for which he is qualified, as determined by rule
12 and regulation of the Illinois Department. For purposes of
13 this Act, an Illinois Disabled Person Identification Card
14 issued pursuant to The Illinois Identification Card Act,
15 indicating that the person thereon named has a Type 1 or 2,
16 Class 2 disability shall be evidence that such person is a
17 disabled person under this Section; however, such a card
18 shall not qualify such person for aid as a disabled person
19 under this Act, and eligibility for aid as a disabled person
20 shall be determined as provided in this Act. If federal law
21 or regulation permit or require the inclusion of blind or
22 disabled persons whose blindness or disability is not of the
23 degree specified in the foregoing definitions, or permit or
24 require the inclusion of disabled persons under age 18 or
25 aged persons under age 65, the Illinois Department, upon
26 written approval of the Governor, may provide by rule that
27 all aged, blind or disabled persons toward whose aid federal
28 funds are available be eligible for assistance under this
29 Article as is given to those who meet the foregoing
30 definitions of blind person and disabled person or aged
31 person.
32 (b) Declaration of purpose. It is the purpose of this
33 amendatory Act of 1997 to provide financial aid in meeting
34 basic maintenance requirements for a livelihood compatible
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1 with health and well-being to or in behalf of aged, blind, or
2 disabled persons who meet the eligibility conditions of
3 Section 3-1.1 through 3-1.7, but who are ineligible for those
4 benefits because of their noncitizen status.
5 Any assistance provided under this Article to noncitizens
6 will be provided on a transitional basis in light of the
7 following considerations:
8 (1) all legal immigrants who are able to become
9 naturalized United States citizens must do so as
10 expeditiously as possible under the law of the United
11 States; and
12 (2) the federal government should reassume its
13 practice of providing funding for financial aid to
14 persons who are aged, blind, or disabled who are legal
15 permanent residents, or who are permanently residing in
16 the United states under color of law in the same manner
17 as it provides such benefits to citizens of the United
18 States.
19 It is the intent of this Legislature to provide financial
20 aid under this Article to noncitizens who are legal permanent
21 residents, or who are permanently residing under color of law
22 in the United States who are or could be made ineligible for
23 benefits under this Article through application of Sections
24 401, 402, 403, and 421 of the Personal Responsibility and
25 Work Opportunity Reconciliation Act of 1996 (Pub. L.
26 104-239).
27 (Source: P.A. 89-21, eff. 7-1-95.)
28 (305 ILCS 5/3-1.8 new)
29 Sec. 3-1.8. Primacy of OASDI and SSI Benefits. Persons
30 who are eligible for benefits from either the Old Age,
31 Survivors, and Disability Insurance program (OASDI) or
32 Supplemental Security Income program (SSI) must accept those
33 benefits as a precondition to eligibility for financial aid
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1 under this Article.
2 (305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
3 Sec. 3-13. Federal program - Declaration of
4 responsibilities: It is the position of this State that the
5 Federal Government should meet its obligation to provide
6 financial aid to those aged, blind or disabled persons
7 eligible under Article III hereof, including persons who are
8 legal permanent residents or permanently residing under color
9 of law in the United States, so as to assure those persons a
10 standard of living compatible with health and well-being,
11 including any supplementary aid program provided to meet
12 special or emergency needs, and it is the position of this
13 State that the Federal Government should meet its obligation
14 to provide continuing supplemental nutritional aid for such
15 persons, including persons who are legal permanent residents
16 or permanently residing under color of law in the United
17 States, through the Federal Food Stamp Program or through
18 full reimbursement for expenditures made in lieu of such Food
19 Stamp Program.
20 (a) The Illinois Department may, from federal
21 reimbursements received under this Section, make
22 disbursements to any attorney, or advocate working under the
23 supervision of an attorney, who represents a recipient of
24 assistance under Article VI of this Code in a program
25 administered by the Illinois Department, in an appeal of any
26 claim for federal Supplemental Security Income benefits
27 before an administrative law judge which is decided in favor
28 of such recipient. The amount of such disbursement shall be
29 equal to 25% of the maximum federal Supplemental Security
30 Income grant payable to an individual for a period of one
31 year. No such disbursement shall be made unless a petition
32 and a copy of the favorable decision is submitted by such
33 attorney or advocate to the Illinois Department within 60
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1 days of the date of such decision. The disbursement shall be
2 made within 30 days after the petition is received. The
3 Illinois Department shall promulgate rules and regulations
4 necessary to implement this subsection.
5 (b) The Illinois Department shall institute a State
6 program to fully supplement the federal Supplemental Security
7 Income grants of all persons in the aged, blind, or disabled
8 categories who meet the eligibility and need requirements of
9 this Code, after having given prior notice to and having
10 consulted with the Citizens Assembly/Council on Public Aid
11 under the procedures established by Section 12-4.11 hereof.
12 The amount or amounts of such supplementary payments shall be
13 established by the Director of the Illinois Department in a
14 manner consistent with the other provisions of this Article
15 III.
16 (c) The Illinois Department, the Comptroller and the
17 Treasurer, are authorized to disburse to the Federal
18 Government amounts appropriated to the Illinois Department
19 for use in furnishing aid to persons eligible under Article
20 III of this Code, to receive reimbursements from the Federal
21 Government therefor, and to establish administrative
22 procedures necessary for the accomplishment of such a payment
23 system.
24 (Source: P.A. 89-21, eff. 7-1-95.)
25 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
26 Sec. 4-1. Eligibility requirements. Financial aid in
27 meeting basic maintenance requirements for a livelihood
28 compatible with health and well-being shall be given under
29 this Article to or in behalf of families with dependent
30 children, including noncitizens who are lawfully admitted for
31 permanent residence and noncitizens who are permanently
32 residing in the United States under color of law, who meet
33 the eligibility conditions of Sections 4-1.1 through 4-1.11.
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1 The Illinois Department shall advise every applicant for
2 and recipient of aid under this Article of (i) the
3 requirement that all recipients move toward self-sufficiency
4 and (ii) the value and benefits of employment. As a
5 condition of eligibility for that aid, every person who
6 applies for aid under this Article on or after the effective
7 date of this amendatory Act of 1995 shall prepare and submit,
8 as part of the application or subsequent redetermination, a
9 personal plan for achieving employment. As a condition of
10 eligibility for that aid, every person who is a recipient of
11 aid under this Article on the effective date of this
12 amendatory Act of 1995 shall, within 6 months after that
13 date, prepare a personal plan for achieving employment. The
14 Illinois Department may implement this paragraph through the
15 use of emergency rules in accordance with Section 5-45 of the
16 Illinois Administrative Procedure Act. For purposes of the
17 Illinois Administrative Procedure Act, the adoption of rules
18 to implement this paragraph shall be considered an emergency
19 and necessary for the public interest, safety, and welfare.
20 The eligibility of persons who, on the effective date of
21 this Code, are receiving aid under Article VI of the 1949
22 Code, for aid under this Article, and the continuity of their
23 grants, shall not be affected by the enactment of this Code.
24 (Source: P.A. 89-6, eff. 3-6-95.)
25 (305 ILCS 5/6-1) (from Ch. 23, par. 6-1)
26 Sec. 6-1. Eligibility requirements. Financial aid in
27 meeting basic maintenance requirements shall be given under
28 this Article to or in behalf of persons, including
29 noncitizens who are lawfully admitted for permanent residence
30 and noncitizens who are permanently residing in the United
31 States under color of law, who meet the eligibility
32 conditions of Sections 6-1.1 through 6-1.10. In addition,
33 each unit of local government subject to this Article shall
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1 provide persons receiving financial aid in meeting basic
2 maintenance requirements with financial aid for either (a)
3 necessary treatment, care, and supplies required because of
4 illness or disability, or (b) acute medical treatment, care,
5 and supplies only. If a local governmental unit elects to
6 provide financial aid for acute medical treatment, care, and
7 supplies only, the general types of acute medical treatment,
8 care, and supplies for which financial aid is provided shall
9 be specified in the general assistance rules of the local
10 governmental unit, which rules shall provide that financial
11 aid is provided, at a minimum, for acute medical treatment,
12 care, or supplies necessitated by a medical condition for
13 which prior approval or authorization of medical treatment,
14 care, or supplies is not required by the general assistance
15 rules of the Illinois Department. Nothing in this Article
16 shall be construed to permit the granting of financial aid
17 where the purpose of such aid is to obtain an abortion,
18 induced miscarriage or induced premature birth unless, in the
19 opinion of a physician, such procedures are necessary for the
20 preservation of the life of the woman seeking such treatment,
21 or except an induced premature birth intended to produce a
22 live viable child and such procedure is necessary for the
23 health of the mother or her unborn child.
24 Until August 1, 1969, children who require care outside
25 their own homes, where no other sources of funds or
26 insufficient funds are available to provide the necessary
27 care, are included among persons eligible for aid under this
28 Article. After July 31, 1969, the Department of Children and
29 Family Services shall have the responsibility of providing
30 child welfare services to such children, as provided in
31 Section 5 of "An Act creating the Department of Children and
32 Family Services, codifying its powers and duties, and
33 repealing certain Acts and Sections herein named", approved
34 June 4, 1963, as amended.
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1 In cities, villages and incorporated towns of more than
2 500,000 population, the Illinois Department may establish a
3 separate program under this Article. The 2 programs shall be
4 differentiated, but the placement of persons under both
5 programs shall be based upon their ability or inability to
6 engage in employment in accordance with the rules and
7 regulations promulgated by the Illinois Department. In
8 establishing rules and regulations for determining whether a
9 person is able to engage in employment, the Illinois
10 Department may establish rules different than those set out
11 under Section 11-20. In determining need and the amount of
12 aid under Sections 6-1.2 and 6-2 for the 2 programs, the
13 Illinois Department may establish different standards for the
14 2 programs based upon the specific needs of the different
15 populations to be served by the 2 programs. The Illinois
16 Department may enter into contracts with entities to
17 establish work or training related projects under the program
18 established for persons determined to be able to engage in
19 employment.
20 (Source: P.A. 89-646, eff. 1-1-97.)
21 (305 ILCS 5/12-13.3 new)
22 Sec. 12-13.3. Continued assistance to lawful permanent
23 resident aliens. As used in this Section, "assistance" means
24 State-funded benefits provided directly to public aid
25 recipients by the Illinois Department under this Code and
26 other public aid that is provided or administered by the
27 Illinois Department.
28 The Illinois Department shall continue to provide
29 assistance under this Code to persons who (i) were receiving
30 that assistance on December 31, 1996, (ii) are lawful
31 permanent resident aliens of the United States, and (iii)
32 under federal law have lost their eligibility for that
33 assistance solely because of their status as lawful permanent
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1 resident aliens. In accordance with appropriations for the
2 purpose of providing assistance under this Section, the
3 Illinois Department may adjust the amount of assistance
4 provided under this Section or the manner in which that
5 assistance is provided.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.