Sen. Louis S. Viverito
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 690
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2 | AMENDMENT NO. ______. Amend House Bill 690, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
6 | changing Section 11-8
as follows:
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7 | (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
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8 | Sec. 11-8. Appeals - to whom taken. Applicants or | ||||||
9 | recipients of aid
may, at any time within 60 days after the | ||||||
10 | decision of the County
Department or local governmental unit, | ||||||
11 | as the case may be, appeal a
decision denying or terminating | ||||||
12 | aid, or granting aid in an amount which
is deemed inadequate, | ||||||
13 | or changing, cancelling, revoking or suspending
grants as | ||||||
14 | provided in Section 11-16, or determining to make a protective
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15 | payment under the provisions of Sections 3-5a or 4-9, or a | ||||||
16 | decision by an
administrative review board to impose | ||||||
17 | administrative safeguards as provided
in Section 8A-8. An | ||||||
18 | appeal shall also lie when an application is not acted
upon | ||||||
19 | within the time period after filing of the application as | ||||||
20 | provided by rule
of the Illinois Department.
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21 | If an appeal is not made, the action of the County | ||||||
22 | Department or
local governmental unit shall be final.
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23 | Appeals by applicants or recipients under Articles III, IV, | ||||||
24 | or V
shall be taken to the Illinois Department.
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1 | Appeals by applicants or recipients under Article VI shall | ||||||
2 | be taken
as follows:
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3 | (1) In counties under township organization (except | ||||||
4 | such counties in
which the governing authority is a Board | ||||||
5 | of Commissioners) appeals shall
be to a Public Aid | ||||||
6 | Committee consisting of the Chairman of the County
Board, | ||||||
7 | and 4 members who are township supervisors of general | ||||||
8 | assistance,
appointed by the Chairman, with the advice and | ||||||
9 | consent of the county board.
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10 | (2) In counties in excess of 3,000,000 population and | ||||||
11 | under township
organization in which the governing | ||||||
12 | authority is a Board of
Commissioners, appeals of persons | ||||||
13 | from government units outside the
corporate limits of a | ||||||
14 | city, village or incorporated town of more than
500,000 | ||||||
15 | population, and of persons from incorporated towns which | ||||||
16 | have
superseded civil townships in respect to aid under | ||||||
17 | Article VI, shall be
to the Cook County Townships Public | ||||||
18 | Aid Committee consisting of 2
township supervisors and 3
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19 | persons knowledgeable in the area of General Assistance and | ||||||
20 | the regulations
of the Illinois Department pertaining | ||||||
21 | thereto and who are not officers,
agents or employees of | ||||||
22 | any township, except that township supervisors may
serve as | ||||||
23 | members of the Cook County Township Public Aid and | ||||||
24 | Committee. The 5
member committee shall be
appointed by the | ||||||
25 | township supervisors. The first appointments shall be made
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26 | with one person serving a one year term, 2 persons serving | ||||||
27 | a 2 year term,
and 2 persons serving a 3 year term. | ||||||
28 | Committee members shall thereafter
serve 3 year terms. In | ||||||
29 | any appeal involving a local governmental unit whose
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30 | supervisor of general assistance is a member of the | ||||||
31 | Committee, such
supervisor shall not act as a member of the | ||||||
32 | Committee for the purposes of
such appeal, and the | ||||||
33 | Committee shall select another township supervisor to
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34 | serve as an alternate
member for that appeal.
The township |
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1 | whose action, inaction, or decision is being
appealed shall | ||||||
2 | bear the expenses related to the appeal as determined by | ||||||
3 | the
Cook County Townships Public Aid Committee. A township | ||||||
4 | supervisor's
compensation for general assistance or | ||||||
5 | township related duties shall not be
considered an expense | ||||||
6 | related to the appeal except for expenses related to
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7 | service on the Committee.
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8 | (3) In counties described in paragraph (2) appeals of | ||||||
9 | persons from
a city, village or incorporated town of more | ||||||
10 | than 500,000 population
shall be to the Illinois | ||||||
11 | Department.
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12 | (4) In counties not under township organization, | ||||||
13 | appeals shall be to
the County Board of Commissioners which | ||||||
14 | shall for this purpose be the
Public Aid Committee of the | ||||||
15 | County.
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16 | In counties designated in paragraph (1) the Chairman or | ||||||
17 | President of
the County Board shall appoint, with the advice | ||||||
18 | and consent of the
county board, one or more alternate members | ||||||
19 | of the Public Aid Committee.
All regular and alternate members | ||||||
20 | shall be Supervisors of General
Assistance. In any appeal | ||||||
21 | involving a local governmental unit whose
Supervisor of General | ||||||
22 | Assistance is a member of the Committee, he shall
be replaced | ||||||
23 | for that appeal by an alternate member designated by the
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24 | Chairman or President of the County Board, with the advice and | ||||||
25 | consent
of the county board. In these counties not more than 3 | ||||||
26 | of the 5 regular
appointees shall be members of the same | ||||||
27 | political party unless the
political composition of the | ||||||
28 | Supervisors of the General Assistance
precludes such a | ||||||
29 | limitation. In these counties at least one member of the
Public | ||||||
30 | Aid Committee shall be a person knowledgeable in the area of | ||||||
31 | general
assistance and the regulations of the Illinois | ||||||
32 | Department pertaining
thereto. If no member of the Committee | ||||||
33 | possesses such knowledge, the
Illinois Department shall | ||||||
34 | designate an employee of the Illinois Department
having such |
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1 | knowledge to be present at the Committee hearings to advise
the | ||||||
2 | Committee.
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3 | In every county the County Board shall provide facilities | ||||||
4 | for the
conduct of hearings on appeals under Article VI. All | ||||||
5 | expenses incident
to such hearings shall be borne by the county | ||||||
6 | except that in counties
under township organization in which | ||||||
7 | the governing authority is a Board
of Commissioners (1) the | ||||||
8 | salary and other expenses of the Commissioner
of Appeals shall | ||||||
9 | be paid from General Assistance funds available for
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10 | administrative purposes, and (2) all expenses incident to such | ||||||
11 | hearings
shall be borne by the township and the per diem and | ||||||
12 | traveling expenses
of the township supervisors serving on the | ||||||
13 | Public Aid Committee shall be
fixed and paid by their | ||||||
14 | respective townships. In all other counties the
members of the | ||||||
15 | Public Aid Committee shall receive the compensation and
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16 | expenses provided by law for attendance at meetings of the | ||||||
17 | County Board.
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18 | In appeals under Article VI involving a governmental unit | ||||||
19 | receiving
State funds, the Public Aid Committee and the | ||||||
20 | Commissioner of Appeals
shall be bound by the rules and | ||||||
21 | regulations of the Illinois Department
which are relevant to | ||||||
22 | the issues on appeal, and shall file such reports
concerning | ||||||
23 | appeals as the Illinois Department requests.
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24 | The members of each Public Aid Committee and the members of | ||||||
25 | the Cook
County Townships Public Aid Committee are immune from | ||||||
26 | personal liability in connection with their service on the | ||||||
27 | committee to the same extent as an elected or appointed judge | ||||||
28 | in this State is immune from personal liability in connection | ||||||
29 | with the performance of his or her duties as judge.
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30 | An appeal shall be without cost to the appellant and shall | ||||||
31 | be made, at
the option of the appellant, either upon forms | ||||||
32 | provided and prescribed by
the Illinois Department or, for | ||||||
33 | appeals to a Public Aid Committee, upon
forms prescribed by the | ||||||
34 | County Board; or an appeal may be made by calling a
toll-free |
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1 | number provided for that purpose by the Illinois Department and
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2 | providing the necessary information. The Illinois Department | ||||||
3 | may assist
County Boards or a Commissioner of Appeals in the | ||||||
4 | preparation of appeal
forms, or upon request of a County Board | ||||||
5 | or Commissioner of Appeals may
furnish such forms. County | ||||||
6 | Departments and local governmental units shall
render all | ||||||
7 | possible aid to persons desiring to make an appeal. The
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8 | provisions of Sections 11-8.1 to 11-8.7, inclusive, shall apply | ||||||
9 | to all
such appeals.
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10 | (Source: P.A. 92-111, eff. 1-1-02; 93-295, eff. 7-22-03.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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