Public Act 094-0524
 
SB0232 Enrolled LRB094 06043 DRJ 36103 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    have superseded civil townships in respect to aid under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.
    The members of each Public Aid Committee and the members of
the Cook County Townships Public Aid Committee are immune from
personal liability in connection with their service on the
committee to the same extent as an elected or appointed judge
in this State is immune from personal liability in connection
with the performance of his or her duties as judge. This
immunity applies only to causes of action accruing on or after
the effective date of this amendatory Act of the 94th General
Assembly.
    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; 93-295, eff. 7-22-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.