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90_SB1315ham003
LRB9008998SMmbam03
1 AMENDMENT TO SENATE BILL 1315
2 AMENDMENT NO. . Amend Senate Bill 1315 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT regarding social services, amending named Acts.";
5 and
6 on page 7, by replacing line 21 with the following:
7 "Section 15. The Illinois Public Aid Code is amended by
8 changing Sections 1-11, 3-1, and 12-4.34 as follows:
9 (305 ILCS 5/1-11)
10 Sec. 1-11. Citizenship. To the extent not otherwise
11 provided in this Code or federal law, all clients who receive
12 cash or medical assistance under Article III, IV, V, or VI of
13 this Code must meet the citizenship requirements as
14 established in this Section. To be eligible for assistance an
15 individual, who is otherwise eligible, must be either a
16 United States citizen or included in one of the following
17 categories of non-citizens:
18 (1) United States veterans honorably discharged and
19 persons on active military duty, and the spouse and
20 unmarried dependent children of these persons;
21 (2) Refugees under Section 207 of the Immigration
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1 and Nationality Act;
2 (3) Asylees under Section 208 of the Immigration
3 and Nationality Act;
4 (4) Persons for whom deportation has been withheld
5 under Section 243(h) of the Immigration and Nationality
6 Act;
7 (5) Persons granted conditional entry under Section
8 203(a)(7) of the Immigration and Nationality Act as in
9 effect prior to April 1, 1980;
10 (5.1) Persons admitted as Cuban or Haitian
11 entrants;
12 (5.2) Persons admitted as Amerasian immigrants;
13 (5.3) Persons who are eligible for protection under
14 the Illinois Domestic Violence Act of 1986 or are certain
15 battered immigrants under Section 431(c) of the Personal
16 Responsibility and Work Opportunity Reconciliation Act of
17 1996 (P.L. 104-193), as now and hereafter amended;
18 (6) Persons lawfully admitted for permanent
19 residence under the Immigration and Nationality Act; and
20 (7) Parolees, for at least one year, under Section
21 212(d)(5) of the Immigration and Nationality Act.
22 Those persons who are in the categories set forth in
23 subdivisions 6 and 7 of this Section, who enter the United
24 States on or after August 22, 1996, shall not be eligible for
25 5 years beginning on the date the person entered the United
26 States, except that the Department may choose to immediately
27 serve those persons age 18 and under who are in the category
28 set forth in subdivision (6) and are otherwise eligible for
29 assistance under Article V of this Code.
30 The Illinois Department may, by rule, cover prenatal care
31 or emergency medical care for non-citizens who are not
32 otherwise eligible under this Section. Local governmental
33 units which do not receive State funds may impose their own
34 citizenship requirements and are authorized to provide any
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1 benefits and impose any citizenship requirements as are
2 allowed under the Personal Responsibility and Work
3 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
4 (Source: P.A. 90-17, eff. 7-1-97.)
5 (305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
6 Sec. 3-1. Eligibility Requirements. Financial aid in
7 meeting basic maintenance requirements for a livelihood
8 compatible with health and well-being shall be given under
9 this Article to or in behalf of aged, blind, or disabled
10 persons who meet the eligibility conditions of Sections 3-1.1
11 through 3-1.7. Financial aid under this Article shall be
12 available only for persons (i) who are receiving Supplemental
13 Security Income (SSI); (ii) or who have been found ineligible
14 for SSI on the basis of income; or (iii) notwithstanding
15 Section 1-11 of this Code, who are non-citizens who were
16 legally present in the United States before August 22, 1996,
17 who are age 65 or older, and who were found ineligible for
18 SSI because they did not meet the disability standard.
19 "Aged person" means a person who has attained age 65, as
20 demonstrated by such evidence of age as the Illinois
21 Department may by rule prescribe.
22 "Blind person" means a person who has no vision or whose
23 vision with corrective glasses is so defective as to prevent
24 the performance of ordinary duties or tasks for which
25 eyesight is essential. The Illinois Department shall define
26 blindness in terms of ophthalmic measurements or ocular
27 conditions. For purposes of this Act, an Illinois Disabled
28 Person Identification Card issued pursuant to The Illinois
29 Identification Card Act, indicating that the person thereon
30 named has a Type 3 disability shall be evidence that such
31 person is a blind person within the meaning of this Section;
32 however, such a card shall not qualify such person for aid as
33 a blind person under this Act, and eligibility for aid as a
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1 blind person shall be determined as provided in this Act.
2 "Disabled person" means a person age 18 or over who has a
3 physical or mental impairment, disease, or loss which is of a
4 permanent nature and which substantially impairs his ability
5 to perform labor or services or to engage in useful
6 occupations for which he is qualified, as determined by rule
7 and regulation of the Illinois Department. For purposes of
8 this Act, an Illinois Disabled Person Identification Card
9 issued pursuant to The Illinois Identification Card Act,
10 indicating that the person thereon named has a Type 1 or 2,
11 Class 2 disability shall be evidence that such person is a
12 disabled person under this Section; however, such a card
13 shall not qualify such person for aid as a disabled person
14 under this Act, and eligibility for aid as a disabled person
15 shall be determined as provided in this Act. If federal law
16 or regulation permit or require the inclusion of blind or
17 disabled persons whose blindness or disability is not of the
18 degree specified in the foregoing definitions, or permit or
19 require the inclusion of disabled persons under age 18 or
20 aged persons under age 65, the Illinois Department, upon
21 written approval of the Governor, may provide by rule that
22 all aged, blind or disabled persons toward whose aid federal
23 funds are available be eligible for assistance under this
24 Article as is given to those who meet the foregoing
25 definitions of blind person and disabled person or aged
26 person.
27 (Source: P.A. 89-21, eff. 7-1-95.)
28 (305 ILCS 5/12-4.34)
29 (Section scheduled to be repealed on August 31, 1998)
30 Sec. 12-4.34. Naturalization and nutrition services to
31 noncitizens.
32 (a) Subject to specific appropriation for this purpose,
33 the Department of Human Services is authorized to provide
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1 naturalization services to legal immigrants.
2 (b) Subject to specific appropriation for this purpose,
3 the Department of Human Services is authorized to provide
4 nutrition services to noncitizens who are 65 years of age or
5 older, under 18 years of age, or disabled, and who were in
6 the United States prior to August 22, 1996 and are not
7 eligible for the federal food stamp program due to their
8 noncitizen status. The Department of Human Services is
9 further authorized to provide nutrition services to
10 non-citizens who are eligible for protection under the
11 Illinois Domestic Violence Act of 1986 or are certain
12 battered immigrants under Section 431(c) of the Personal
13 Responsibility and Work Opportunity Reconciliation Act of
14 1996 (P.L. 104-193), as now or hereafter amended, and are not
15 eligible for the federal food stamp program due to their
16 non-citizen status. The payment levels and other eligibility
17 conditions for these services shall be determined by rule.
18 The Illinois Department is authorized to lower the
19 payment levels established under this subsection or take such
20 other actions during the fiscal year as are necessary to
21 ensure that payments under this subsection do not exceed the
22 amounts appropriated for this purpose. These changes may be
23 accomplished by emergency rule under Section 5-45 of the
24 Illinois Administrative Procedure Act, except that the
25 limitation on the number of emergency rules that may be
26 adopted in a 24-month period shall not apply.
27 (c) This Section is repealed on August 31, 1998.
28 (Source: P.A. 90-564, eff. 12-22-97.)
29 Section 20. The Communicable Disease Prevention Act is";
30 and
31 on page 8, below line 19, by inserting the following:
32 "Section 25. If and only if House Bill 705 becomes law,
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1 and Section 20 becomes law in the same form in which it
2 appeared in Senate Amendment No. 1 to House Bill 705, the
3 Children's Health Insurance Program Act is amended by
4 changing Section 20 as follows:
5 (90th G.A., HB 705, Sec. 20)
6 Sec. 20. Eligibility.
7 (a) To be eligible for this Program, a person must be a
8 person who has a child eligible under this Act and who is
9 eligible under a waiver of federal requirements pursuant to
10 an application made pursuant to subdivision (a)(1) of Section
11 40 of this Act or who is a child who:
12 (1) is a child who is not eligible for medical
13 assistance;
14 (2) is a child whose annual household income, as
15 determined by the Department, is above 133% of the
16 federal poverty level and at or below 185% of the federal
17 poverty level;
18 (3) is a resident of the State of Illinois; and
19 (4) is a child who is either a United States
20 citizen or included in one of the following categories of
21 non-citizens:
22 (A) unmarried dependent children of either a
23 United States Veteran honorably discharged or a
24 person on active military duty;
25 (B) refugees under Section 207 of the
26 Immigration and Nationality Act;
27 (C) asylees under Section 208 of the
28 Immigration and Nationality Act;
29 (D) persons for whom deportation has been
30 withheld under Section 243(h) of the Immigration
31 and Nationality Act;
32 (E) persons granted conditional entry under
33 Section 203(a)(7) of the Immigration and Nationality
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1 Act as in effect prior to April 1, 1980;
2 (F) persons lawfully admitted for permanent
3 residence under the Immigration and Nationality Act;
4 and
5 (G) parolees, for at least one year, under
6 Section 212(d)(5) of the Immigration and Nationality
7 Act.
8 (H) Persons admitted as Cuban or Haitian
9 entrants;
10 (I) Persons admitted as Amerasian immigrants;
11 and
12 (J) Persons who are eligible for protection
13 under the Illinois Domestic Violence Act of 1986 or
14 are certain battered immigrants under Section 431(c)
15 of the Personal Responsibility and Work Opportunity
16 Reconciliation Act of 1996 (Pub. L. 104-193), as now
17 and hereafter amended.
18 Those children who are in the categories set forth in
19 subdivisions (4)(F) and (4)(G) of this subsection, who enter
20 the United States on or after August 22, 1996, shall not be
21 eligible for 5 years beginning on the date the child entered
22 the United States, except that persons under the age of 19
23 shall be eligible for health care benefits under this Act as
24 of the date they entered the United States as long as they
25 meet all other eligibility criteria.
26 (b) A child who is determined to be eligible for
27 assistance shall remain eligible for 12 months, provided the
28 child maintains his or her residence in the State, has not
29 yet attained 19 years of age, and is not excluded pursuant to
30 subsection (c). Eligibility shall be re-determined by the
31 Department at least annually.
32 (c) A child shall not be eligible for coverage under
33 this Program if:
34 (1) the premium required pursuant to Section 30 of
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1 this Act has not been paid. If the required premiums are
2 not paid the liability of the Program shall be limited to
3 benefits incurred under the Program for the time period
4 for which premiums had been paid. If the required
5 monthly premium is not paid, the child shall be
6 ineligible for re-enrollment for a minimum period of 3
7 months. Re-enrollment shall be completed prior to the
8 next covered medical visit and the first month's required
9 premium shall be paid in advance of the next covered
10 medical visit. The Department shall promulgate rules
11 regarding grace periods, notice requirements, and hearing
12 procedures pursuant to this subsection;
13 (2) the child is an inmate of a public institution
14 or a patient in an institution for mental diseases; or
15 (3) the child is a member of a family that is
16 eligible for health benefits covered under the State of
17 Illinois health benefits plan on the basis of a member's
18 employment with a public agency.
19 (Source: 90th G.A., HB 705, Sec. 20.)