093_SB1542

 
                                     LRB093 05947 DRJ 06044 b

 1        AN ACT in relation to public health.

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

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

 6        (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
 7        Sec.  11-8.   Appeals  -  to  whom  taken.  Applicants or
 8    recipients of aid may, at any time within 60 days  after  the
 9    decision of the County Department or local governmental unit,
10    as  the case may be, appeal a decision denying or terminating
11    aid, or granting aid in an amount which is deemed inadequate,
12    or changing, cancelling, revoking  or  suspending  grants  as
13    provided   in   Section  11-16,  or  determining  to  make  a
14    protective payment under the provisions of Sections  3-5a  or
15    4-9,  or  a  decision  by  an  administrative review board to
16    impose administrative safeguards as provided in Section 8A-8.
17    An appeal shall also lie when an  application  is  not  acted
18    upon  within  the time period after filing of the application
19    as provided by rule of the Illinois Department.
20        If an appeal is  not  made,  the  action  of  the  County
21    Department or local governmental unit shall be final.
22        Appeals  by  applicants or recipients under Articles III,
23    IV, or V shall be taken to the Illinois Department.
24        Appeals by applicants  or  recipients  under  Article  VI
25    shall be taken as follows:
26             (1)  In counties under township organization (except
27        such counties in which the governing authority is a Board
28        of  Commissioners)  appeals  shall  be  to  a  Public Aid
29        Committee consisting of the Chairman of the County Board,
30        and 4 members who are  township  supervisors  of  general
31        assistance,  appointed  by  the Chairman, with the advice
 
                            -2-      LRB093 05947 DRJ 06044 b
 1        and consent of the county board.
 2             (2)  In counties in excess of  3,000,000  population
 3        and  under  township  organization in which the governing
 4        authority is a Board of Commissioners, appeals of persons
 5        from government units outside the corporate limits  of  a
 6        city,  village  or incorporated town of more than 500,000
 7        population, and of persons from incorporated towns  which
 8        have  superseded  civil townships in respect to aid under
 9        Article VI, shall be to the Cook County Townships  Public
10        Aid  Committee consisting of 2 township supervisors and 3
11        persons knowledgeable in the area of  General  Assistance
12        and the regulations of the Illinois Department pertaining
13        thereto  and who are not officers, agents or employees of
14        any township, except that township supervisors may  serve
15        as  members  of  the  Cook County Township Public Aid and
16        Committee.  The 5 member committee shall be appointed  by
17        the township supervisors. The first appointments shall be
18        made  with  one person serving a one year term, 2 persons
19        serving a 2 year term, and 2 persons  serving  a  3  year
20        term.   Committee  members  shall thereafter serve 3 year
21        terms. In any appeal involving a local governmental  unit
22        whose supervisor of general assistance is a member of the
23        Committee,  such  supervisor shall not act as a member of
24        the Committee for the purposes of such  appeal,  and  the
25        Committee  shall  select  another  township supervisor to
26        serve as an  alternate    member  for  that  appeal.  The
27        township  whose  action,  inaction,  or decision is being
28        appealed shall bear the expenses related to the appeal as
29        determined  by  the  Cook  County  Townships  Public  Aid
30        Committee.   A  township  supervisor's  compensation  for
31        general assistance or township related duties  shall  not
32        be considered an expense related to the appeal except for
33        expenses related to service on the Committee.
34             (3)  In  counties described in paragraph (2) appeals
 
                            -3-      LRB093 05947 DRJ 06044 b
 1        of persons from a city, village or incorporated  town  of
 2        more  than  500,000  population  shall be to the Illinois
 3        Department.
 4             (4)  In counties not  under  township  organization,
 5        appeals  shall  be  to  the County Board of Commissioners
 6        which shall for this purpose be the Public Aid  Committee
 7        of the County.
 8        In  counties  designated in paragraph (1) the Chairman or
 9    President of the County Board shall appoint, with the  advice
10    and  consent  of  the  county  board,  one  or more alternate
11    members  of  the  Public  Aid  Committee.  All  regular   and
12    alternate members shall be Supervisors of General Assistance.
13    In  any  appeal  involving  a  local  governmental unit whose
14    Supervisor  of  General  Assistance  is  a  member   of   the
15    Committee,  he  shall  be  replaced  for  that  appeal  by an
16    alternate member designated by the Chairman or  President  of
17    the  County  Board, with the advice and consent of the county
18    board. In these counties not more than 3  of  the  5  regular
19    appointees  shall  be  members  of  the  same political party
20    unless the political composition of the  Supervisors  of  the
21    General  Assistance  precludes  such  a limitation.  In these
22    counties at least one member  of  the  Public  Aid  Committee
23    shall  be  a  person  knowledgeable  in  the  area of general
24    assistance and the regulations  of  the  Illinois  Department
25    pertaining  thereto.  If no member of the Committee possesses
26    such knowledge, the Illinois Department  shall  designate  an
27    employee  of the Illinois Department having such knowledge to
28    be present at the Committee hearings to advise the Committee.
29        In every county the County Board shall provide facilities
30    for the conduct of hearings on appeals under Article VI.  All
31    expenses  incident  to  such  hearings  shall be borne by the
32    county except that in counties under township organization in
33    which the governing authority is a Board of Commissioners (1)
34    the salary and other expenses of the Commissioner of  Appeals
 
                            -4-      LRB093 05947 DRJ 06044 b
 1    shall  be  paid  from  General Assistance funds available for
 2    administrative purposes, and (2)  all  expenses  incident  to
 3    such hearings shall be borne by the township and the per diem
 4    and traveling expenses of the township supervisors serving on
 5    the  Public  Aid  Committee  shall be fixed and paid by their
 6    respective townships.  In all other counties the  members  of
 7    the  Public  Aid Committee shall receive the compensation and
 8    expenses provided by law for attendance at  meetings  of  the
 9    County Board.
10        In appeals under Article VI involving a governmental unit
11    receiving  State  funds,  the  Public  Aid  Committee and the
12    Commissioner of Appeals shall  be  bound  by  the  rules  and
13    regulations  of the Illinois Department which are relevant to
14    the issues on appeal, and shall file such reports  concerning
15    appeals as the Illinois Department requests.
16        The  members of each Public Aid Committee and the members
17    of the Cook County Townships Public Aid Committee are  immune
18    from  personal liability in  connection with their service on
19    the committee to the same extent as an elected  or  appointed
20    judge  in  this  State  is  immune from personal liability in
21    connection with the performance  of  his  or  her  duties  as
22    judge.
23        An  appeal  shall  be  without  cost to the appellant and
24    shall be made, at the option of the  appellant,  either  upon
25    forms  provided and prescribed by the Illinois Department or,
26    for appeals to a Public Aid Committee, upon forms  prescribed
27    by  the  County  Board; or an appeal may be made by calling a
28    toll-free number provided for that purpose  by  the  Illinois
29    Department  and  providing  the  necessary  information.  The
30    Illinois  Department  may   assist   County   Boards   or   a
31    Commissioner  of  Appeals in the preparation of appeal forms,
32    or upon request of a County Board or Commissioner of  Appeals
33    may   furnish   such  forms.  County  Departments  and  local
34    governmental units shall render all possible aid  to  persons
 
                            -5-      LRB093 05947 DRJ 06044 b
 1    desiring  to  make  an  appeal.   The  provisions of Sections
 2    11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
 3    (Source: P.A. 92-111, eff. 1-1-02.)

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