Public Act 93-0295

SB1542 Enrolled                      LRB093 05947 DRJ 06044 b

    AN ACT in relation to public health.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Public Aid Code  is  amended  by
changing Section 11-8 as follows:

    (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
    Sec.  11-8.   Appeals  -  to  whom  taken.  Applicants or
recipients of aid may, at any time within 60 days  after  the
decision of the County Department or local governmental unit,
as  the case may be, appeal a decision denying or terminating
aid, or granting aid in an amount which is deemed inadequate,
or changing, cancelling, revoking  or  suspending  grants  as
provided   in   Section  11-16,  or  determining  to  make  a
protective payment under the provisions of Sections  3-5a  or
4-9,  or  a  decision  by  an  administrative review board to
impose administrative safeguards as provided in Section 8A-8.
An appeal shall also lie when an  application  is  not  acted
upon  within  the time period after filing of the application
as provided by rule of the Illinois Department.
    If an appeal is  not  made,  the  action  of  the  County
Department or local governmental unit shall be final.
    Appeals  by  applicants or recipients under Articles III,
IV, or V shall be taken to the Illinois Department.
    Appeals by applicants  or  recipients  under  Article  VI
shall be taken as follows:
         (1)  In counties under township organization (except
    such counties in which the governing authority is a Board
    of  Commissioners)  appeals  shall  be  to  a  Public Aid
    Committee consisting of the Chairman of the County Board,
    and 4 members who are  township  supervisors  of  general
    assistance,  appointed  by  the Chairman, with the advice
    and consent of the county board.
         (2)  In counties in excess of  3,000,000  population
    and  under  township  organization in which the governing
    authority is a Board of Commissioners, appeals of persons
    from government units outside the corporate limits  of  a
    city,  village  or incorporated town of more than 500,000
    population, and of persons from incorporated towns  which
    have  superseded  civil townships in respect to aid under
    Article VI, shall be to the Cook County Townships  Public
    Aid  Committee consisting of 2 township supervisors and 3
    persons knowledgeable in the area of  General  Assistance
    and the regulations of the Illinois Department pertaining
    thereto  and who are not officers, agents or employees of
    any township, except that township supervisors may  serve
    as  members  of  the  Cook County Township Public Aid and
    Committee.  The 5 member committee shall be appointed  by
    the township supervisors. The first appointments shall be
    made  with  one person serving a one year term, 2 persons
    serving a 2 year term, and 2 persons  serving  a  3  year
    term.   Committee  members  shall thereafter serve 3 year
    terms. In any appeal involving a local governmental  unit
    whose supervisor of general assistance is a member of the
    Committee,  such  supervisor shall not act as a member of
    the Committee for the purposes of such  appeal,  and  the
    Committee  shall  select  another  township supervisor to
    serve as an  alternate    member  for  that  appeal.  The
    township  whose  action,  inaction,  or decision is being
    appealed shall bear the expenses related to the appeal as
    determined  by  the  Cook  County  Townships  Public  Aid
    Committee.   A  township  supervisor's  compensation  for
    general assistance or township related duties  shall  not
    be considered an expense related to the appeal except for
    expenses related to service on the Committee.
         (3)  In  counties described in paragraph (2) appeals
    of persons from a city, village or incorporated  town  of
    more  than  500,000  population  shall be to the Illinois
    Department.
         (4)  In counties not  under  township  organization,
    appeals  shall  be  to  the County Board of Commissioners
    which shall for this purpose be the Public Aid  Committee
    of the County.
    In  counties  designated in paragraph (1) the Chairman or
President of the County Board shall appoint, with the  advice
and  consent  of  the  county  board,  one  or more alternate
members  of  the  Public  Aid  Committee.  All  regular   and
alternate members shall be Supervisors of General Assistance.
In  any  appeal  involving  a  local  governmental unit whose
Supervisor  of  General  Assistance  is  a  member   of   the
Committee,  he  shall  be  replaced  for  that  appeal  by an
alternate member designated by the Chairman or  President  of
the  County  Board, with the advice and consent of the county
board. In these counties not more than 3  of  the  5  regular
appointees  shall  be  members  of  the  same political party
unless the political composition of the  Supervisors  of  the
General  Assistance  precludes  such  a limitation.  In these
counties at least one member  of  the  Public  Aid  Committee
shall  be  a  person  knowledgeable  in  the  area of general
assistance and the regulations  of  the  Illinois  Department
pertaining  thereto.  If no member of the Committee possesses
such knowledge, the Illinois Department  shall  designate  an
employee  of the Illinois Department having such knowledge to
be present at the Committee hearings to advise the Committee.
    In every county the County Board shall provide facilities
for the conduct of hearings on appeals under Article VI.  All
expenses  incident  to  such  hearings  shall be borne by the
county except that in counties under township organization in
which the governing authority is a Board of Commissioners (1)
the salary and other expenses of the Commissioner of  Appeals
shall  be  paid  from  General Assistance funds available for
administrative purposes, and (2)  all  expenses  incident  to
such hearings shall be borne by the township and the per diem
and traveling expenses of the township supervisors serving on
the  Public  Aid  Committee  shall be fixed and paid by their
respective townships.  In all other counties the  members  of
the  Public  Aid Committee shall receive the compensation and
expenses provided by law for attendance at  meetings  of  the
County Board.
    In appeals under Article VI involving a governmental unit
receiving  State  funds,  the  Public  Aid  Committee and the
Commissioner of Appeals shall  be  bound  by  the  rules  and
regulations  of the Illinois Department which are relevant to
the issues on appeal, and shall file such reports  concerning
appeals as the Illinois Department requests.
    An  appeal  shall  be  without  cost to the appellant and
shall be made, at the option of the  appellant,  either  upon
forms  provided and prescribed by the Illinois Department or,
for appeals to a Public Aid Committee, upon forms  prescribed
by  the  County  Board; or an appeal may be made by calling a
toll-free number provided for that purpose  by  the  Illinois
Department  and  providing  the  necessary  information.  The
Illinois  Department  may   assist   County   Boards   or   a
Commissioner  of  Appeals in the preparation of appeal forms,
or upon request of a County Board or Commissioner of  Appeals
may   furnish   such  forms.  County  Departments  and  local
governmental units shall render all possible aid  to  persons
desiring  to  make  an  appeal.   The  provisions of Sections
11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
(Source: P.A. 92-111, eff. 1-1-02.)

    Section 99.  Effective date.  This Act takes effect upon
becoming law.