093_SB1542eng SB1542 Engrossed 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 SB1542 Engrossed -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village or incorporated town of more than 500,000 7 population, and of persons from incorporated towns which 8 have superseded civil townships in respect to aid under 9 Article VI, shall be to the Cook County Townships Public 10 Aid Committee consisting of 2 township supervisors and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 SB1542 Engrossed -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 SB1542 Engrossed -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 SB1542 Engrossed -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.