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90_SB0698ham003
LRB9001277RCksam
1 AMENDMENT TO SENATE BILL 698
2 AMENDMENT NO. . Amend Senate Bill 698, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Sections 3-1, 3-13, 4-1, 4-8, 6-1, and 11-14.5 and by adding
6 Sections 3-1.8 and 4-20."; and
7 by replacing the introductory clause of Section 5 with the
8 following:
9 "Section 5. The Illinois Public Aid Code is amended by
10 changing Sections 3-1, 3-13, 4-1, 4-8, 6-1, and 11-14.5 and
11 by adding Sections 3-1.8 and 4-20 as follows:
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
22 persons who are receiving Supplemental Security Income (SSI)
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1 or who have been found ineligible for SSI on the basis of
2 income.
3 "Aged person" means a person who has attained age 65, as
4 demonstrated by such evidence of age as the Illinois
5 Department may by rule prescribe.
6 "Blind person" means a person who has no vision or whose
7 vision with corrective glasses is so defective as to prevent
8 the performance of ordinary duties or tasks for which
9 eyesight is essential. The Illinois Department shall define
10 blindness in terms of ophthalmic measurements or ocular
11 conditions. For purposes of this Act, an Illinois Disabled
12 Person Identification Card issued pursuant to The Illinois
13 Identification Card Act, indicating that the person thereon
14 named has a Type 3 disability shall be evidence that such
15 person is a blind person within the meaning of this Section;
16 however, such a card shall not qualify such person for aid as
17 a blind person under this Act, and eligibility for aid as a
18 blind person shall be determined as provided in this Act.
19 "Disabled person" means a person age 18 or over who has a
20 physical or mental impairment, disease, or loss which is of a
21 permanent nature and which substantially impairs his ability
22 to perform labor or services or to engage in useful
23 occupations for which he is qualified, as determined by rule
24 and regulation of the Illinois Department. For purposes of
25 this Act, an Illinois Disabled Person Identification Card
26 issued pursuant to The Illinois Identification Card Act,
27 indicating that the person thereon named has a Type 1 or 2,
28 Class 2 disability shall be evidence that such person is a
29 disabled person under this Section; however, such a card
30 shall not qualify such person for aid as a disabled person
31 under this Act, and eligibility for aid as a disabled person
32 shall be determined as provided in this Act. If federal law
33 or regulation permit or require the inclusion of blind or
34 disabled persons whose blindness or disability is not of the
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1 degree specified in the foregoing definitions, or permit or
2 require the inclusion of disabled persons under age 18 or
3 aged persons under age 65, the Illinois Department, upon
4 written approval of the Governor, may provide by rule that
5 all aged, blind or disabled persons toward whose aid federal
6 funds are available be eligible for assistance under this
7 Article as is given to those who meet the foregoing
8 definitions of blind person and disabled person or aged
9 person.
10 (b) Declaration of purpose. It is the purpose of this
11 amendatory Act of 1997 to provide financial aid in meeting
12 basic maintenance requirements for a livelihood compatible
13 with health and well-being to or in behalf of aged, blind, or
14 disabled persons who meet the eligibility conditions of
15 Section 3-1.1 through 3-1.7, but who are ineligible for those
16 benefits because of their noncitizen status.
17 Any assistance provided under this Article to noncitizens
18 will be provided on a transitional basis in light of the
19 following considerations:
20 (1) all legal immigrants who are able to become
21 naturalized United States citizens must do so as
22 expeditiously as possible under the law of the United
23 States; and
24 (2) the federal government should reassume its
25 practice of providing funding for financial aid to
26 persons who are aged, blind, or disabled who are legal
27 permanent residents, or who are permanently residing in
28 the United states under color of law in the same manner
29 as it provides such benefits to citizens of the United
30 States.
31 It is the intent of this Legislature to provide financial
32 aid under this Article to noncitizens who are legal permanent
33 residents, or who are permanently residing under color of law
34 in the United States who are or could be made ineligible for
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1 benefits under this Article through application of Sections
2 401, 402, 403, and 421 of the Personal Responsibility and
3 Work Opportunity Reconciliation Act of 1996 (Pub. L.
4 104-139).
5 (Source: P.A. 89-21, eff. 7-1-95.)
6 (305 ILCS 5/3-1.8 new)
7 Sec. 3-1.8. Primacy of OASDI and SSI Benefits. Persons
8 who are eligible for benefits from either the Old Age,
9 Survivors, and Disability Insurance program (OASDI) or
10 Supplemental Security Income program (SSI) must accept those
11 benefits as a precondition to eligibility for financial aid
12 under this Article.
13 (305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
14 Sec. 3-13. Federal program - Declaration of
15 responsibilities: It is the position of this State that the
16 Federal Government should meet its obligation to provide
17 financial aid to those aged, blind or disabled persons
18 eligible under Article III hereof, including persons who are
19 legal permanent residents or permanently residing under color
20 of law in the United States, so as to assure those persons a
21 standard of living compatible with health and well-being,
22 including any supplementary aid program provided to meet
23 special or emergency needs, and it is the position of this
24 State that the Federal Government should meet its obligation
25 to provide continuing supplemental nutritional aid for such
26 persons, including persons who are legal permanent residents
27 or permanently residing under color of law in the United
28 States, through the Federal Food Stamp Program or through
29 full reimbursement for expenditures made in lieu of such Food
30 Stamp Program.
31 (a) The Illinois Department may, from federal
32 reimbursements received under this Section, make
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1 disbursements to any attorney, or advocate working under the
2 supervision of an attorney, who represents a recipient of
3 assistance under Article VI of this Code in a program
4 administered by the Illinois Department, in an appeal of any
5 claim for federal Supplemental Security Income benefits
6 before an administrative law judge which is decided in favor
7 of such recipient. The amount of such disbursement shall be
8 equal to 25% of the maximum federal Supplemental Security
9 Income grant payable to an individual for a period of one
10 year. No such disbursement shall be made unless a petition
11 and a copy of the favorable decision is submitted by such
12 attorney or advocate to the Illinois Department within 60
13 days of the date of such decision. The disbursement shall be
14 made within 30 days after the petition is received. The
15 Illinois Department shall promulgate rules and regulations
16 necessary to implement this subsection.
17 (b) The Illinois Department shall institute a State
18 program to fully supplement the federal Supplemental Security
19 Income grants of all persons in the aged, blind, or disabled
20 categories who meet the eligibility and need requirements of
21 this Code, after having given prior notice to and having
22 consulted with the Citizens Assembly/Council on Public Aid
23 under the procedures established by Section 12-4.11 hereof.
24 The amount or amounts of such supplementary payments shall be
25 established by the Director of the Illinois Department in a
26 manner consistent with the other provisions of this Article
27 III.
28 (c) The Illinois Department, the Comptroller and the
29 Treasurer, are authorized to disburse to the Federal
30 Government amounts appropriated to the Illinois Department
31 for use in furnishing aid to persons eligible under Article
32 III of this Code, to receive reimbursements from the Federal
33 Government therefor, and to establish administrative
34 procedures necessary for the accomplishment of such a payment
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1 system.
2 (Source: P.A. 89-21, eff. 7-1-95.)
3 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
4 Sec. 4-1. Eligibility requirements. Financial aid in
5 meeting basic maintenance requirements for a livelihood
6 compatible with health and well-being shall be given under
7 this Article to or in behalf of families with dependent
8 children, including noncitizens who are lawfully admitted for
9 permanent residence and noncitizens who are permanently
10 residing in the United States under color of law, who meet
11 the eligibility conditions of Sections 4-1.1 through 4-1.11.
12 The Illinois Department shall advise every applicant for
13 and recipient of aid under this Article of (i) the
14 requirement that all recipients move toward self-sufficiency
15 and (ii) the value and benefits of employment. As a
16 condition of eligibility for that aid, every person who
17 applies for aid under this Article on or after the effective
18 date of this amendatory Act of 1995 shall prepare and submit,
19 as part of the application or subsequent redetermination, a
20 personal plan for achieving employment. As a condition of
21 eligibility for that aid, every person who is a recipient of
22 aid under this Article on the effective date of this
23 amendatory Act of 1995 shall, within 6 months after that
24 date, prepare a personal plan for achieving employment. The
25 Illinois Department may implement this paragraph through the
26 use of emergency rules in accordance with Section 5-45 of the
27 Illinois Administrative Procedure Act. For purposes of the
28 Illinois Administrative Procedure Act, the adoption of rules
29 to implement this paragraph shall be considered an emergency
30 and necessary for the public interest, safety, and welfare.
31 The eligibility of persons who, on the effective date of
32 this Code, are receiving aid under Article VI of the 1949
33 Code, for aid under this Article, and the continuity of their
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1 grants, shall not be affected by the enactment of this Code.
2 (Source: P.A. 89-6, eff. 3-6-95.)"; and
3 by inserting after the last line of Sec. 4-20 of Section 5
4 the following:
5 "(305 ILCS 5/6-1) (from Ch. 23, par. 6-1)
6 Sec. 6-1. Eligibility requirements. Financial aid in
7 meeting basic maintenance requirements shall be given under
8 this Article to or in behalf of persons, including
9 noncitizens who are lawfully admitted for permanent residence
10 and noncitizens who are permanently residing in the United
11 States under color of law, who meet the eligibility
12 conditions of Sections 6-1.1 through 6-1.10. In addition,
13 each unit of local government subject to this Article shall
14 provide persons receiving financial aid in meeting basic
15 maintenance requirements with financial aid for either (a)
16 necessary treatment, care, and supplies required because of
17 illness or disability, or (b) acute medical treatment, care,
18 and supplies only. If a local governmental unit elects to
19 provide financial aid for acute medical treatment, care, and
20 supplies only, the general types of acute medical treatment,
21 care, and supplies for which financial aid is provided shall
22 be specified in the general assistance rules of the local
23 governmental unit, which rules shall provide that financial
24 aid is provided, at a minimum, for acute medical treatment,
25 care, or supplies necessitated by a medical condition for
26 which prior approval or authorization of medical treatment,
27 care, or supplies is not required by the general assistance
28 rules of the Illinois Department. Nothing in this Article
29 shall be construed to permit the granting of financial aid
30 where the purpose of such aid is to obtain an abortion,
31 induced miscarriage or induced premature birth unless, in the
32 opinion of a physician, such procedures are necessary for the
33 preservation of the life of the woman seeking such treatment,
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1 or except an induced premature birth intended to produce a
2 live viable child and such procedure is necessary for the
3 health of the mother or her unborn child.
4 Until August 1, 1969, children who require care outside
5 their own homes, where no other sources of funds or
6 insufficient funds are available to provide the necessary
7 care, are included among persons eligible for aid under this
8 Article. After July 31, 1969, the Department of Children and
9 Family Services shall have the responsibility of providing
10 child welfare services to such children, as provided in
11 Section 5 of "An Act creating the Department of Children and
12 Family Services, codifying its powers and duties, and
13 repealing certain Acts and Sections herein named", approved
14 June 4, 1963, as amended.
15 In cities, villages and incorporated towns of more than
16 500,000 population, the Illinois Department may establish a
17 separate program under this Article. The 2 programs shall be
18 differentiated, but the placement of persons under both
19 programs shall be based upon their ability or inability to
20 engage in employment in accordance with the rules and
21 regulations promulgated by the Illinois Department. In
22 establishing rules and regulations for determining whether a
23 person is able to engage in employment, the Illinois
24 Department may establish rules different than those set out
25 under Section 11-20. In determining need and the amount of
26 aid under Sections 6-1.2 and 6-2 for the 2 programs, the
27 Illinois Department may establish different standards for the
28 2 programs based upon the specific needs of the different
29 populations to be served by the 2 programs. The Illinois
30 Department may enter into contracts with entities to
31 establish work or training related projects under the program
32 established for persons determined to be able to engage in
33 employment.
34 (Source: P.A. 89-646, eff. 1-1-97.)".