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90_HB0126ham001
LRB9000490SMdvam01
1 AMENDMENT TO HOUSE BILL 126
2 AMENDMENT NO. . Amend House Bill 126 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by amending
5 Sections 3-1, 3-13, 4-1, and 6-1, and by adding Sections
6 3-1.8 and 12-13.3."; and
7 on page one, line 5, after "by" by inserting the following:
8 "changing Sections 3-1, 3-13, 4-1, and 6-1, and by"; and
9 on page 1, line 6, by replacing "Section" with the following:
10 "Sections 3-1.8 and"; and
11 on page 1, below line 6, by inserting the following:
12 (305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
13 Sec. 3-1. Eligibility Requirements; purpose.
14 (a) Eligibility requirements. Financial aid in meeting
15 basic maintenance requirements for a livelihood compatible
16 with health and well-being shall be given under this Article
17 to or in behalf of aged, blind, or disabled persons who meet
18 the eligibility conditions of Sections 3-1.1 through 3-1.8
19 and who are legal permanent residents or who are permanently
20 residing under color of law in the United States 3-1.7.
21 Financial aid under this Article shall be available only for
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1 persons who are receiving Supplemental Security Income (SSI)
2 or who have been found ineligible for SSI on the basis of
3 income.
4 "Aged person" means a person who has attained age 65, as
5 demonstrated by such evidence of age as the Illinois
6 Department may by rule prescribe.
7 "Blind person" means a person who has no vision or whose
8 vision with corrective glasses is so defective as to prevent
9 the performance of ordinary duties or tasks for which
10 eyesight is essential. The Illinois Department shall define
11 blindness in terms of ophthalmic measurements or ocular
12 conditions. For purposes of this Act, an Illinois Disabled
13 Person Identification Card issued pursuant to The Illinois
14 Identification Card Act, indicating that the person thereon
15 named has a Type 3 disability shall be evidence that such
16 person is a blind person within the meaning of this Section;
17 however, such a card shall not qualify such person for aid as
18 a blind person under this Act, and eligibility for aid as a
19 blind person shall be determined as provided in this Act.
20 "Disabled person" means a person age 18 or over who has a
21 physical or mental impairment, disease, or loss which is of a
22 permanent nature and which substantially impairs his ability
23 to perform labor or services or to engage in useful
24 occupations for which he is qualified, as determined by rule
25 and regulation of the Illinois Department. For purposes of
26 this Act, an Illinois Disabled Person Identification Card
27 issued pursuant to The Illinois Identification Card Act,
28 indicating that the person thereon named has a Type 1 or 2,
29 Class 2 disability shall be evidence that such person is a
30 disabled person under this Section; however, such a card
31 shall not qualify such person for aid as a disabled person
32 under this Act, and eligibility for aid as a disabled person
33 shall be determined as provided in this Act. If federal law
34 or regulation permit or require the inclusion of blind or
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1 disabled persons whose blindness or disability is not of the
2 degree specified in the foregoing definitions, or permit or
3 require the inclusion of disabled persons under age 18 or
4 aged persons under age 65, the Illinois Department, upon
5 written approval of the Governor, may provide by rule that
6 all aged, blind or disabled persons toward whose aid federal
7 funds are available be eligible for assistance under this
8 Article as is given to those who meet the foregoing
9 definitions of blind person and disabled person or aged
10 person.
11 (b) Declaration of purpose. It is the purpose of this
12 amendatory Act of 1997 to provide financial aid in meeting
13 basic maintenance requirements for a livelihood compatible
14 with health and well-being to or in behalf of aged, blind, or
15 disabled persons who meet the eligibility conditions of
16 Section 3-1.1 through 3-1.7, but who are ineligible for those
17 benefits because of their noncitizen status.
18 Any assistance provided under this Article to noncitizens
19 will be provided on a transitional basis in light of the
20 following considerations:
21 (1) all legal immigrants who are able to become
22 naturalized United States citizens must do so as
23 expeditiously as possible under the law of the United
24 States; and
25 (2) the federal government should reassume its
26 practice of providing funding for financial aid to
27 persons who are aged, blind, or disabled who are legal
28 permanent residents, or who are permanently residing in
29 the United states under color of law in the same manner
30 as it provides such benefits to citizens of the United
31 States.
32 It is the intent of this Legislature to provide financial
33 aid under this Article to noncitizens who are legal permanent
34 residents, or who are permanently residing under color of law
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1 in the United sTates who are or could be made ineligible for
2 benefits under this Article through application of Sections
3 401, 402, 403, and 421 of the Personal Responsibility and
4 Work Opportunity Reconciliation Act of 1996 (Pub. L.
5 104-239).
6 (Source: P.A. 89-21, eff. 7-1-95.)
7 (305 ILCS 5/3-1.8 new)
8 Sec. 3-1.8. Primacy of OASDI and SSI Benefits. Persons
9 who are eligible for benefits from either the Old Age,
10 Survivors, and Disability Insurance program (OASDI) or
11 Supplemental Security Income program (SSI) must accept those
12 benefits as a precondition to eligibility for financial aid
13 under this Article.
14 (305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
15 Sec. 3-13. Federal program - Declaration of
16 responsibilities: It is the position of this State that the
17 Federal Government should meet its obligation to provide
18 financial aid to those aged, blind or disabled persons
19 eligible under Article III hereof, including persons who are
20 legal permanent residents or permanently residing under color
21 of law in the United States, so as to assure those persons a
22 standard of living compatible with health and well-being,
23 including any supplementary aid program provided to meet
24 special or emergency needs, and it is the position of this
25 State that the Federal Government should meet its obligation
26 to provide continuing supplemental nutritional aid for such
27 persons, including persons who are legal permanent residents
28 or permanently residing under color of law in the United
29 States, through the Federal Food Stamp Program or through
30 full reimbursement for expenditures made in lieu of such Food
31 Stamp Program.
32 (a) The Illinois Department may, from federal
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1 reimbursements received under this Section, make
2 disbursements to any attorney, or advocate working under the
3 supervision of an attorney, who represents a recipient of
4 assistance under Article VI of this Code in a program
5 administered by the Illinois Department, in an appeal of any
6 claim for federal Supplemental Security Income benefits
7 before an administrative law judge which is decided in favor
8 of such recipient. The amount of such disbursement shall be
9 equal to 25% of the maximum federal Supplemental Security
10 Income grant payable to an individual for a period of one
11 year. No such disbursement shall be made unless a petition
12 and a copy of the favorable decision is submitted by such
13 attorney or advocate to the Illinois Department within 60
14 days of the date of such decision. The disbursement shall be
15 made within 30 days after the petition is received. The
16 Illinois Department shall promulgate rules and regulations
17 necessary to implement this subsection.
18 (b) The Illinois Department shall institute a State
19 program to fully supplement the federal Supplemental Security
20 Income grants of all persons in the aged, blind, or disabled
21 categories who meet the eligibility and need requirements of
22 this Code, after having given prior notice to and having
23 consulted with the Citizens Assembly/Council on Public Aid
24 under the procedures established by Section 12-4.11 hereof.
25 The amount or amounts of such supplementary payments shall be
26 established by the Director of the Illinois Department in a
27 manner consistent with the other provisions of this Article
28 III.
29 (c) The Illinois Department, the Comptroller and the
30 Treasurer, are authorized to disburse to the Federal
31 Government amounts appropriated to the Illinois Department
32 for use in furnishing aid to persons eligible under Article
33 III of this Code, to receive reimbursements from the Federal
34 Government therefor, and to establish administrative
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1 procedures necessary for the accomplishment of such a payment
2 system.
3 (Source: P.A. 89-21, eff. 7-1-95.)
4 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
5 Sec. 4-1. Eligibility requirements. Financial aid in
6 meeting basic maintenance requirements for a livelihood
7 compatible with health and well-being shall be given under
8 this Article to or in behalf of families with dependent
9 children, including noncitizens who are lawfully admitted for
10 permanent residence and noncitizens who are permanently
11 residing in the United States under color of law, who meet
12 the eligibility conditions of Sections 4-1.1 through 4-1.11.
13 The Illinois Department shall advise every applicant for
14 and recipient of aid under this Article of (i) the
15 requirement that all recipients move toward self-sufficiency
16 and (ii) the value and benefits of employment. As a
17 condition of eligibility for that aid, every person who
18 applies for aid under this Article on or after the effective
19 date of this amendatory Act of 1995 shall prepare and submit,
20 as part of the application or subsequent redetermination, a
21 personal plan for achieving employment. As a condition of
22 eligibility for that aid, every person who is a recipient of
23 aid under this Article on the effective date of this
24 amendatory Act of 1995 shall, within 6 months after that
25 date, prepare a personal plan for achieving employment. The
26 Illinois Department may implement this paragraph through the
27 use of emergency rules in accordance with Section 5-45 of the
28 Illinois Administrative Procedure Act. For purposes of the
29 Illinois Administrative Procedure Act, the adoption of rules
30 to implement this paragraph shall be considered an emergency
31 and necessary for the public interest, safety, and welfare.
32 The eligibility of persons who, on the effective date of
33 this Code, are receiving aid under Article VI of the 1949
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1 Code, for aid under this Article, and the continuity of their
2 grants, shall not be affected by the enactment of this Code.
3 (Source: P.A. 89-6, eff. 3-6-95.)
4 (305 ILCS 5/6-1) (from Ch. 23, par. 6-1)
5 Sec. 6-1. Eligibility requirements. Financial aid in
6 meeting basic maintenance requirements shall be given under
7 this Article to or in behalf of persons, including
8 noncitizens who are lawfully admitted for permanent residence
9 and noncitizens who are permanently residing in the United
10 States under color of law, who meet the eligibility
11 conditions of Sections 6-1.1 through 6-1.10. In addition,
12 each unit of local government subject to this Article shall
13 provide persons receiving financial aid in meeting basic
14 maintenance requirements with financial aid for either (a)
15 necessary treatment, care, and supplies required because of
16 illness or disability, or (b) acute medical treatment, care,
17 and supplies only. If a local governmental unit elects to
18 provide financial aid for acute medical treatment, care, and
19 supplies only, the general types of acute medical treatment,
20 care, and supplies for which financial aid is provided shall
21 be specified in the general assistance rules of the local
22 governmental unit, which rules shall provide that financial
23 aid is provided, at a minimum, for acute medical treatment,
24 care, or supplies necessitated by a medical condition for
25 which prior approval or authorization of medical treatment,
26 care, or supplies is not required by the general assistance
27 rules of the Illinois Department. Nothing in this Article
28 shall be construed to permit the granting of financial aid
29 where the purpose of such aid is to obtain an abortion,
30 induced miscarriage or induced premature birth unless, in the
31 opinion of a physician, such procedures are necessary for the
32 preservation of the life of the woman seeking such treatment,
33 or except an induced premature birth intended to produce a
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1 live viable child and such procedure is necessary for the
2 health of the mother or her unborn child.
3 Until August 1, 1969, children who require care outside
4 their own homes, where no other sources of funds or
5 insufficient funds are available to provide the necessary
6 care, are included among persons eligible for aid under this
7 Article. After July 31, 1969, the Department of Children and
8 Family Services shall have the responsibility of providing
9 child welfare services to such children, as provided in
10 Section 5 of "An Act creating the Department of Children and
11 Family Services, codifying its powers and duties, and
12 repealing certain Acts and Sections herein named", approved
13 June 4, 1963, as amended.
14 In cities, villages and incorporated towns of more than
15 500,000 population, the Illinois Department may establish a
16 separate program under this Article. The 2 programs shall be
17 differentiated, but the placement of persons under both
18 programs shall be based upon their ability or inability to
19 engage in employment in accordance with the rules and
20 regulations promulgated by the Illinois Department. In
21 establishing rules and regulations for determining whether a
22 person is able to engage in employment, the Illinois
23 Department may establish rules different than those set out
24 under Section 11-20. In determining need and the amount of
25 aid under Sections 6-1.2 and 6-2 for the 2 programs, the
26 Illinois Department may establish different standards for the
27 2 programs based upon the specific needs of the different
28 populations to be served by the 2 programs. The Illinois
29 Department may enter into contracts with entities to
30 establish work or training related projects under the program
31 established for persons determined to be able to engage in
32 employment.
33 (Source: P.A. 89-646, eff. 1-1-97.)