SB3162 103RD GENERAL ASSEMBLY

LRB103 37045 KTG 67160 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3162

Introduced 2/6/2024, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

20 ILCS 1305/10-80 new

Amends the Department of Human Services Act. Provides that subject to appropriation, the Department of Human Services shall establish a diaper allowance program for eligible families with children 3 years of age or younger. Requires the Department to create an application process that requires applicants to submit an initial application for a diaper allowance and on an annual basis thereafter an application for a redetermination of eligibility. Requires the Department to maintain on its official website an online application system that permits an Illinois family to apply online for a diaper allowance or a redetermination of eligibility or to download a mail-in application form. Provides that paper application forms shall be made available at WIC offices and at family community resource centers throughout the State. Contains provisions concerning application requirements. Sets the monthly diaper allowance amount at $70 for eligible children whose family income is at or below 100% of the federal poverty guidelines. Provides that families may receive a diaper allowance for each eligible child and that the diaper allowance shall not be considered income for purposes of determining eligibility or the amount of assistance for any public aid benefit provided under State law. Permits the Department to distribute diaper allowance amounts electronically to an eligible family by means of an electronic benefits transfer card issued by the Department. Permits the Department to adopt rules necessary to implement the program. Contains provisions on redetermination application requirements. Provides that an advisory committee shall advise the Department on program implementation. Sets forth the composition of the advisory committee and provides that the committee shall meet monthly beginning September 1, 2024 through July 1, 2026. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Department of Human Services Act is amended by adding Section 10-80 as follows:

(20 ILCS 1305/10-80 new)

Sec. 10-80. Diaper allowance.

(a) Legislative intent. The General Assembly finds that:

(1) According to the National Diaper Bank Network, one out of every 2 families experience diaper insecurity. Despite this growing need, there are limited government programs available for families to access diapers.

(2) A lack of diapers has significant physical, financial, and emotional impacts on young children and their caregivers.

(3) In order for Illinois to be the best state in the nation to raise a family, we must ensure caregivers are able to access this basic need.

(b) As used in this Section:

"Eligible child" means any child who is 3 years of age or younger and whose primary residence is the State of Illinois.

"WIC" means the federal Special Supplemental Nutrition Program for Women, Infants, and Children.

(c) Diaper allowance program; application process. Subject to appropriation, the Department shall establish a diaper allowance program for eligible families with children 3 years of age or younger. The Department shall create an application process that requires applicants to submit an initial application for a diaper allowance and on an annual basis thereafter an application for a redetermination of eligibility. The Department shall maintain on its official website an online application system that permits an Illinois family to apply online for a diaper allowance or a redetermination of eligibility or to download a mail-in application form. Paper application forms shall be made available at WIC offices and at family community resource centers throughout the State. An application for a diaper allowance or a redetermination of eligibility must include all of the following information:

(1) The name of each eligible child and the name of the applicant who is primarily responsible for the welfare of each identified child.

(2) The address of the primary residence of each eligible child and applicant.

(3) The applicant's household income. Acceptable forms of income verification shall include a copy of the applicant's most recent W-2 form or copies of the applicant's 2 most recent pay stubs. Other methods of income verification may be accepted by the Department as prescribed by rule.

(4) The applicant's written signature, if submitting a paper application. The applicant's digital or electronic signature, if submitting an online application.

(d) Eligibility. A child is eligible for a diaper allowance in the amount of $70 per month if all of the following conditions are met:

(1) the applicant's household income is at or below 100% of the federal poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2); and

(2) the applicant is primarily responsible for the child's welfare.

An applicant may submit one application for all eligible children whose welfare the applicant is responsible for, and may receive a diaper allowance for each eligible child.

Diaper allowance benefits shall not be considered income for purposes of determining eligibility or the amount of assistance for any other public aid benefit provided under State law.

(e) Implementation.

(1) The Department shall administer the diaper allowance program through the Division of Family and Community Services.

(2) Diaper allowance benefits shall be distributed in the name of the applicant in a form and manner prescribed by the Department. If possible, diaper allowance benefits may be distributed electronically to the applicant by means of an electronic benefits transfer card issued by the Department.

(3) The Department may adopt any additional rules necessary to implement this Section.

(f) Redetermination. In order to receive uninterrupted diaper allowance benefits, an applicant must file a redetermination application within 30 days before the expiration of the applicant's benefits. If any additional information is requested by the Department, the applicant must respond within 15 calendar days after the date the verification was requested in order to ensure there is no interruption of benefits.

(g) Advisory committee. An advisory committee shall advise the Department concerning the implementation of the diaper allowance program. The advisory committee shall include:

(1) the Secretary of Human Services, or the Secretary's designee;

(2) the Governor, or the Governor's designee;

(3) one member appointed by the President of the Senate;

(4) one member appointed by the Speaker of the House of Representatives; and

(5) three members appointed by the Governor as follows:

(A) one member of a community-based organization which currently distributes diapers to families;

(B) one member of an organization with experience providing access to diapers to families via a debit card or other electronic issuance method; and

(C) one caregiver who has been directly impacted by a lack of diapers for his or her child.

The advisory committee shall be staffed by the Department of Human Services. The advisory committee shall meet monthly starting on September 1, 2024 through July 1, 2026.

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