|
Rep. William D. Burns
Filed: 10/14/2009
|
|
09600HB1800ham001 |
|
LRB096 05473 DRJ 29998 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 1800
|
2 |
| AMENDMENT NO. ______. Amend House Bill 1800 by replacing |
3 |
| everything after the enacting clause with the following:
|
4 |
| "Section 5. The Illinois Public Aid Code is amended by |
5 |
| changing Sections 4-1, 4-1.6, 4-12, 4-22, and 9A-8 and by |
6 |
| adding Sections 2-18 and 4-1.6b as follows: |
7 |
| (305 ILCS 5/2-18 new)
|
8 |
| Sec. 2-18. Domestic or sexual violence. "Domestic or sexual |
9 |
| violence" means domestic violence, sexual assault, or |
10 |
| stalking. Domestic or sexual violence may occur through |
11 |
| electronic communication. |
12 |
| "Domestic violence" means "abuse" as defined in Section 103 |
13 |
| of the Illinois Domestic Violence Act of 1986 by a "family or |
14 |
| household member" as defined in Section 103 of the Illinois |
15 |
| Domestic Violence Act of 1986. |
16 |
| "Sexual assault" means any conduct proscribed by Sections |
|
|
|
09600HB1800ham001 |
- 2 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of |
2 |
| 1961. |
3 |
| "Stalking" means any conduct proscribed by Sections |
4 |
| 12-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 1961. |
5 |
| "Electronic communication" includes communications via |
6 |
| telephone, mobile phone, computer, e-mail, video recorder, fax |
7 |
| machine, telex, or pager, or any other "electronic |
8 |
| communication" as defined in Section 12-7.5 of the Criminal |
9 |
| Code of 1961.
|
10 |
| (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
|
11 |
| Sec. 4-1. Eligibility requirements. Financial aid in |
12 |
| meeting basic maintenance requirements for a livelihood
|
13 |
| compatible with health and well-being shall be given under this |
14 |
| Article to
or in behalf of families with dependent children who |
15 |
| meet the eligibility
conditions of Sections 4-1.1 through |
16 |
| 4-1.11. It shall be the policy of the Illinois Department to |
17 |
| provide aid under this Article to all qualified persons who |
18 |
| seek assistance and to conduct outreach efforts to educate the |
19 |
| public about the program. The Department shall provide timely, |
20 |
| accurate, and fair service to all applicants for assistance.
|
21 |
| Persons who meet the eligibility criteria authorized under this |
22 |
| Article shall
be treated equally, provided that nothing in this |
23 |
| Article shall be construed to
create an entitlement to a |
24 |
| particular grant or service level or to aid in
amounts not |
25 |
| authorized under this Code, nor construed to limit the |
|
|
|
09600HB1800ham001 |
- 3 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| authority of
the General Assembly to change the eligibility |
2 |
| requirements or provisions
respecting assistance amounts. The |
3 |
| General Assembly recognizes that the need for aid will |
4 |
| fluctuate with the economic situation in Illinois and that at |
5 |
| times the number of people receiving aid under this Article |
6 |
| will increase.
|
7 |
| The Illinois Department shall advise every applicant for |
8 |
| and recipient of
aid under this Article of (i) the requirement |
9 |
| that all recipients move toward
self-sufficiency and (ii) the |
10 |
| value and benefits of employment. As a condition
of eligibility |
11 |
| for that aid, every person who applies for aid under this
|
12 |
| Article on or after the effective date of this amendatory Act |
13 |
| of 1995 shall
prepare and submit, as part of the application or |
14 |
| subsequent redetermination,
a personal plan for achieving
|
15 |
| employment and self-sufficiency.
The plan shall incorporate |
16 |
| the individualized assessment and employability
plan set out in |
17 |
| subsections (d), (f), and (g) of Section 9A-8. The plan may be
|
18 |
| amended as the recipient's needs change. The assessment
process |
19 |
| to develop the plan shall include questions that screen for |
20 |
| domestic
violence issues and steps needed to address these |
21 |
| issues may be part of the
plan. If the individual indicates |
22 |
| that he or she is a victim of domestic
violence, he or she may |
23 |
| also be referred to an available domestic violence
program.
|
24 |
| Failure of the client to follow through on the
personal plan |
25 |
| for employment and self-sufficiency may be a basis for sanction
|
26 |
| under Section 4-21.
|
|
|
|
09600HB1800ham001 |
- 4 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| (Source: P.A. 92-111, eff. 1-1-02.)
|
2 |
| (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
|
3 |
| Sec. 4-1.6. Need. Income available to the family as defined |
4 |
| by the
Illinois Department by rule, or to the child
in the case |
5 |
| of a child removed from his or her home, when added to
|
6 |
| contributions in money, substance or services from other |
7 |
| sources,
including income available from parents absent from |
8 |
| the home or from a
stepparent, contributions made for the |
9 |
| benefit of the parent or other
persons necessary to provide |
10 |
| care and supervision to the child, and
contributions from |
11 |
| legally responsible relatives, must be insufficient
to equal to |
12 |
| or less than the grant amount established by Department |
13 |
| regulation for such
a person. For purposes of eligibility for |
14 |
| aid under this Article, the Department shall disregard all |
15 |
| earned income between the grant amount and 50% of the Federal |
16 |
| Poverty Level.
|
17 |
| In considering income to be taken into account, |
18 |
| consideration shall
be given to any expenses reasonably |
19 |
| attributable to the earning of such
income. Three-fourths of |
20 |
| the earned income of a household eligible for aid under this |
21 |
| Article shall be disregarded when determining the level of |
22 |
| assistance for which a household is eligible. The Illinois |
23 |
| Department may also permit all or any
portion of earned or |
24 |
| other income to be set aside for the future
identifiable needs |
25 |
| of a child. The Illinois Department
may provide by rule and |
|
|
|
09600HB1800ham001 |
- 5 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| regulation for the exemptions thus permitted or
required. The |
2 |
| eligibility of any applicant for or recipient of public
aid |
3 |
| under this Article is not affected by the payment of any grant |
4 |
| under
the "Senior Citizens and Disabled Persons Property Tax |
5 |
| Relief and
Pharmaceutical Assistance Act" or any distributions |
6 |
| or items of income
described under subparagraph (X) of
|
7 |
| paragraph (2) of subsection (a) of Section 203 of the Illinois |
8 |
| Income Tax
Act.
|
9 |
| The Illinois Department may, by rule, set forth criteria |
10 |
| under which an
assistance unit is ineligible for cash |
11 |
| assistance under this Article for a
specified number of months |
12 |
| due to the receipt of a lump sum payment.
|
13 |
| (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
|
14 |
| (305 ILCS 5/4-1.6b new) |
15 |
| Sec. 4-1.6b. Date for providing aid; employability |
16 |
| assessment. |
17 |
| (a) The Department shall provide financial aid no more than |
18 |
| 30 days after the date of application. |
19 |
| (b) During the first 30 days after the date of application, |
20 |
| the applicant shall undergo a thorough employability |
21 |
| assessment, in accordance with subsection (d) of Section 9A-8 |
22 |
| of this Code, and shall prepare a personal plan for achieving |
23 |
| employment and self-sufficiency in accordance with Section 4-1 |
24 |
| of this Code. The requirement to engage in work-related |
25 |
| activity may commence 30 days after the date of application. |
|
|
|
09600HB1800ham001 |
- 6 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| (c) Financial aid under this Article shall be authorized |
2 |
| effective on the date of application, provided that the |
3 |
| applicant is eligible on that date.
|
4 |
| (305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
|
5 |
| Sec. 4-12. Crisis assistance. Where a family has been (1) |
6 |
| rendered homeless
or threatened with homelessness by fire, |
7 |
| flood, other natural
disaster, eviction or court order to |
8 |
| vacate the premises for reasons
other than nonpayment of rent, |
9 |
| or where a family has spouse and child have become
homeless |
10 |
| because they have left their the residence due to domestic or |
11 |
| sexual violence occupied by a spouse who was
physically abusing |
12 |
| the now homeless spouse or child ; (1.5) deprived of the |
13 |
| household's income as a result of domestic or sexual violence; |
14 |
| (2) deprived of
essential items of furniture or essential |
15 |
| clothing by fire or flood or
other natural disaster; (3) |
16 |
| deprived of food as a result of actions other
than loss or |
17 |
| theft of cash and where the deprivation cannot be promptly
|
18 |
| alleviated through the federal food stamp program;
(4) as a |
19 |
| result of a documented theft or documented loss of cash, |
20 |
| deprived of
food or essential clothing or deprived of shelter |
21 |
| or
immediately threatened with deprivation of shelter as |
22 |
| evidenced by a court
order requiring immediate eviction due to |
23 |
| nonpayment of rent; or (5) rendered the victim of such other
|
24 |
| hardships as the Illinois Department shall by rule define, the |
25 |
| Illinois
Department may provide assistance to alleviate such
|
|
|
|
09600HB1800ham001 |
- 7 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| needs. The
Illinois Department shall verify need and determine |
2 |
| eligibility for
crisis
assistance for families already |
3 |
| receiving grants from the Illinois
Department within 5 working |
4 |
| days following application for such assistance
and shall |
5 |
| determine eligibility for all other families and afford such
|
6 |
| assistance for families found eligible within such
time limits |
7 |
| as the Illinois Department shall by rule provide.
The Illinois |
8 |
| Department may, by rule, limit crisis assistance
to an
eligible |
9 |
| family to once
in any 12
consecutive months. This limitation |
10 |
| may be made for some or all items of
crisis assistance.
|
11 |
| The Illinois Department by regulation shall specify the
|
12 |
| criteria for determining eligibility and the amount and nature |
13 |
| of
assistance to be provided. Where deprivation of
shelter |
14 |
| exists or is threatened, the
Illinois Department may provide |
15 |
| reasonable moving expenses, short term
rental costs, including |
16 |
| one month's rent and a security deposit where such
expenses are |
17 |
| needed for relocation, and, where the Department determines
|
18 |
| appropriate, provide assistance to prevent an imminent |
19 |
| eviction or
foreclosure. These amounts may be described in |
20 |
| established amounts or
maximums. The Illinois Department may |
21 |
| also describe, for each form of
assistance authorized, the |
22 |
| method by which the assistance shall be
delivered, including |
23 |
| but not limited to warrants or disbursing orders.
|
24 |
| Annual expenditures under this
Section shall not exceed |
25 |
| $2,000,000. The Illinois
Department shall review
such |
26 |
| expenditures quarterly and shall, if necessary, reduce the |
|
|
|
09600HB1800ham001 |
- 8 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| amounts or
nature of assistance authorized in order to assure |
2 |
| that the limit is not
exceeded.
|
3 |
| (Source: P.A. 90-17, eff. 7-1-97.)
|
4 |
| (305 ILCS 5/4-22)
|
5 |
| Sec. 4-22. Domestic and sexual violence.
|
6 |
| (a) The assessment process to develop the personal plan for |
7 |
| achieving
self-sufficiency shall include questions that screen |
8 |
| for domestic and sexual violence
issues. If the individual |
9 |
| indicates that he or she is the victim of domestic or sexual
|
10 |
| violence and indicates a need to address domestic or sexual |
11 |
| violence issues in order to
reach self-sufficiency, the plan |
12 |
| shall take this factor into account in
determining the work, |
13 |
| education, and training activities suitable to the client
for |
14 |
| achieving self-sufficiency. In addition, in such a case, |
15 |
| specific steps
needed to directly address the domestic or |
16 |
| sexual violence issues may also be made part
of the plan, |
17 |
| including referral to an available domestic or sexual violence |
18 |
| program. The Department shall conduct an individualized |
19 |
| assessment and grant waivers of program requirements and other |
20 |
| required activities for victims of domestic violence to the |
21 |
| fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall |
22 |
| apply the same laws, regulations, and policies to victims of |
23 |
| sexual violence. The duration of such waivers shall be |
24 |
| initially determined and subsequently redetermined on a |
25 |
| case-by-case basis. There shall be no limitation on the total |
|
|
|
09600HB1800ham001 |
- 9 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| number of months for which waivers under this Section may be |
2 |
| granted, but continuing eligibility for a waiver shall be |
3 |
| redetermined no less often than every 6 months.
|
4 |
| (b) The Illinois Department shall develop and monitor |
5 |
| compliance procedures
for its employees, contractors, and |
6 |
| subcontractors to ensure that any
information pertaining to any |
7 |
| client who claims to be a past or present victim
of domestic |
8 |
| violence or an individual at risk of further domestic violence,
|
9 |
| whether provided by the victim or by a third party, will remain
|
10 |
| confidential.
|
11 |
| (c) The Illinois Department shall develop and implement a |
12 |
| domestic
violence
training
curriculum for Illinois Department |
13 |
| employees who serve applicants for and
recipients of aid
under |
14 |
| this Article. The curriculum shall be designed to better equip |
15 |
| those
employees to identify
and serve domestic violence |
16 |
| victims.
The Illinois Department may enter into a contract for |
17 |
| the development of the
curriculum with one or more |
18 |
| organizations providing
services to domestic violence victims. |
19 |
| The Illinois Department shall adopt
rules necessary to |
20 |
| implement this subsection.
|
21 |
| (Source: P.A. 90-17, eff. 7-1-97; 91-759, eff. 1-1-01.)
|
22 |
| (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
|
23 |
| Sec. 9A-8. Operation of Program.
|
24 |
| (a) At the time of application or redetermination of |
25 |
| eligibility under
Article IV, as determined by rule, the |
|
|
|
09600HB1800ham001 |
- 10 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| Illinois Department shall provide
information in writing and |
2 |
| orally regarding the education, training and
employment |
3 |
| program to all applicants and recipients. The information
|
4 |
| required shall be established by rule and shall include, but |
5 |
| need not be
limited to:
|
6 |
| (1) education (including literacy training), |
7 |
| employment and training
opportunities available, the |
8 |
| criteria for approval of those opportunities,
and the right |
9 |
| to request changes in the personal responsibility and
|
10 |
| services plan to include those opportunities;
|
11 |
| (1.1) a complete list of all activities that are |
12 |
| approvable activities, and
the circumstances under which |
13 |
| they are
approvable, including work activities, substance |
14 |
| abuse or mental health
treatment, activities to escape and |
15 |
| prevent domestic
violence, caring for a medically impaired |
16 |
| family member, and any other
approvable activities, |
17 |
| together with the right to and
procedures for amending the |
18 |
| responsibility and services plan to include these
|
19 |
| activities;
|
20 |
| (1.2) the rules concerning the lifetime limit on |
21 |
| eligibility, including
the current status of the applicant |
22 |
| or recipient in
terms of the months of remaining |
23 |
| eligibility, the criteria under which a month
will not |
24 |
| count towards the lifetime limit, and the
criteria under |
25 |
| which a recipient may receive benefits beyond the end of |
26 |
| the
lifetime limit;
|
|
|
|
09600HB1800ham001 |
- 11 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| (2) supportive services including child care
and the |
2 |
| rules regarding eligibility for and access to the child
|
3 |
| care assistance program, transportation, initial expenses |
4 |
| of employment, job
retention, books and fees, and any other |
5 |
| supportive
services;
|
6 |
| (3) the obligation of the Department to provide |
7 |
| supportive services;
|
8 |
| (4) the rights and responsibilities of participants, |
9 |
| including
exemption, sanction, reconciliation, and good |
10 |
| cause criteria and
procedures, termination for |
11 |
| non-cooperation
and reinstatement rules and procedures, |
12 |
| and appeal and grievance procedures;
and
|
13 |
| (5) the types and locations of child care services.
|
14 |
| (b) The Illinois
Department shall notify the recipient in |
15 |
| writing of the opportunity to
volunteer to participate in the |
16 |
| program.
|
17 |
| (c) (Blank).
|
18 |
| (d) As part of the personal plan for achieving employment |
19 |
| and
self-sufficiency, the Department shall conduct an |
20 |
| individualized assessment
of
the
participant's employability. |
21 |
| No participant may be assigned to any
component of the |
22 |
| education, training and employment activity
prior to such
|
23 |
| assessment. The plan shall
include collection of
information
on |
24 |
| the individual's background, proficiencies, skills |
25 |
| deficiencies,
education level, work history, employment goals, |
26 |
| interests, aptitudes, and
employment preferences, as well as |
|
|
|
09600HB1800ham001 |
- 12 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| factors affecting employability or
ability to meet |
2 |
| participation requirements (e.g., health, physical or
mental |
3 |
| limitations, child care, family circumstances, domestic |
4 |
| violence, sexual violence,
substance abuse, and special needs |
5 |
| of any child of the individual). As part
of the plan,
|
6 |
| individuals and Department staff shall work together to |
7 |
| identify any
supportive service needs required to enable the |
8 |
| client to participate and
meet the objectives of his or her |
9 |
| employability plan. The
assessment may be conducted through |
10 |
| various methods such as interviews,
testing, counseling, and |
11 |
| self-assessment instruments. In the
assessment process, the |
12 |
| Department shall offer to include standard
literacy testing
and |
13 |
| a determination of
English language proficiency and shall |
14 |
| provide it for those who accept the
offer.
Based on the |
15 |
| assessment,
the
individual will be assigned to the appropriate |
16 |
| activity. The
decision will be based on a determination of the |
17 |
| individual's level of
preparation for employment as defined by |
18 |
| rule.
|
19 |
| (e) Recipients determined to be exempt may volunteer to |
20 |
| participate
pursuant to Section 9A-4 and must be assessed.
|
21 |
| (f) As part of the personal plan for achieving employment |
22 |
| and
self-sufficiency under Section 4-1, an employability plan |
23 |
| for recipients
shall be
developed in
consultation with the |
24 |
| participant. The Department shall have final
responsibility |
25 |
| for approving the employability plan. The employability
plan |
26 |
| shall:
|
|
|
|
09600HB1800ham001 |
- 13 - |
LRB096 05473 DRJ 29998 a |
|
|
1 |
| (1) contain an employment goal of the participant;
|
2 |
| (2) describe the services to be provided by the |
3 |
| Department, including
child care and other support |
4 |
| services;
|
5 |
| (3) describe the activities, such as component |
6 |
| assignment, that will be
undertaken by the participant to |
7 |
| achieve the employment goal; and
|
8 |
| (4) describe any other needs of the family that might |
9 |
| be met by
the Department.
|
10 |
| (g) The employability plan shall take into account:
|
11 |
| (1) available program resources;
|
12 |
| (2) the participant's support service needs;
|
13 |
| (3) the participant's skills level and aptitudes;
|
14 |
| (4) local employment opportunities; and
|
15 |
| (5) the preferences of the
participant.
|
16 |
| (h) A reassessment shall be conducted to assess a |
17 |
| participant's
progress and to review the employability plan on |
18 |
| the following occasions:
|
19 |
| (1) upon completion of an activity and before
|
20 |
| assignment to an activity;
|
21 |
| (2) upon the request of the participant;
|
22 |
| (3) if the individual is not cooperating with the |
23 |
| requirements of
the program; and
|
24 |
| (4) if the individual has failed to make satisfactory |
25 |
| progress in an
education or training program.
|
26 |
| Based on the reassessment, the Department may revise the |