093_SB1591

 
                                     LRB093 03304 DRJ 03321 b

 1        AN ACT in relation to public aid.

 2        WHEREAS, The General Assembly finds that there  has  been
 3    no  general  adjustment in the grant amounts under Article IV
 4    of the Illinois Public Aid Code to  reflect  changes  in  the
 5    cost of subsistence needs since 1989; and

 6        WHEREAS,  The  grant  amounts  have fallen far behind the
 7    cost of subsistence needs, especially the  costs  of  private
 8    market housing, which have far outpaced the general increases
 9    in the cost of living; and

10        WHEREAS,  The  Temporary  Assistance  for  Needy Families
11    program under Article IV of the Illinois Public Aid  Code  is
12    now  a  time-limited  program  with  vigorous  work  activity
13    requirements; and

14        WHEREAS,  Many  recipients  are  employed, and all of the
15    unemployed recipients must pursue  employment  or  activities
16    directed at increasing their employability; and

17        WHEREAS,  Stable  housing  is a crucial ingredient in the
18    success of these efforts and the earliest possible exit  from
19    the program; and

20        WHEREAS,  Inability to meet housing costs interferes with
21    these work efforts and delays exit  from  the  program,  and,
22    among  families  with  difficult  problem delaying their exit
23    from the program, such as disabilities within the family, the
24    inability to meet housing costs threatens  their  health  and
25    well-being; and

26        WHEREAS,  The  General  Assembly  finds  that  a  crucial
27    support for the welfare-to-work effort is a housing allowance
28    for  families  participating  in the Temporary Assistance for
29    Needy Families  program  who  do  not  receive  a  government
30    housing subsidy or reside in public housing; therefore,

 
                            -2-      LRB093 03304 DRJ 03321 b
 1        Be  it  enacted  by  the People of the State of Illinois,
 2    represented in the General Assembly:

 3        Section 5.  The Illinois Public Aid Code  is  amended  by
 4    changing Section 12-4.11 as follows:

 5        (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
 6        Sec.  12-4.11.  Grant amounts.   The Department, with due
 7    regard  for  and  subject  to  budgetary  limitations,  shall
 8    establish  grant  amounts  for  each  of  the  programs,   by
 9    regulation.   The  grant amounts may vary by program, size of
10    assistance unit and geographic area. Effective July 1,  2003,
11    the  Department  of  Human  Services must establish a housing
12    allowance to include in the grant amounts under Article IV of
13    this Code.  The housing allowance must  be  provided  in  the
14    grant  amounts for families in each month as to which they do
15    not reside  in  public  housing  or  receive  a  governmental
16    housing   subsidy.   Effective  July  1,  2003,  the  housing
17    allowance must be equal to 15% of the grant amounts effective
18    on June 30, 2003.  Effective July  1,  2004,  the  Department
19    must  increase  the housing allowance by a further 15% of the
20    grant amounts effective on June 30, 2003.
21        Aid payments shall not be reduced except: (1) for changes
22    in the cost of items included in the grant  amounts,  or  (2)
23    for  changes  in  the  expenses  of the recipient, or (3) for
24    changes  in  the  income  or  resources  available   to   the
25    recipient,  or  (4)  for  changes  in  grants  resulting from
26    adoption of a consolidated grant amount.
27        In fixing standards to govern payments or  reimbursements
28    for   funeral  and  burial  expenses,  the  Department  shall
29    establish a minimum allowable amount of not less than  $1,000
30    for  Department payment of funeral services and not less than
31    $500 for Department payment of burial or cremation  services.
32    In  establishing the minimum allowable amount, the Department
 
                            -3-      LRB093 03304 DRJ 03321 b
 1    shall  take  into  account  the  services  essential   to   a
 2    dignified, low-cost (i) funeral and (ii) burial or cremation,
 3    including reasonable amounts that may be necessary for burial
 4    space and cemetery charges, and any applicable taxes or other
 5    required  governmental  fees  or  charges.  If  no person has
 6    agreed to pay the total cost of  the  (i)  funeral  and  (ii)
 7    burial  or  cremation  charges,  the Department shall pay the
 8    vendor the actual costs of the (i) funeral and (ii) burial or
 9    cremation, or the minimum allowable amount for  each  service
10    as established by the Department, whichever is less, provided
11    that  the  Department  reduces  its  payments  by  the amount
12    available from the following sources: the  decedent's  assets
13    and  available  resources  and the anticipated amounts of any
14    death  benefits  available  to  the  decedent's  estate,  and
15    amounts paid and  arranged  to  be  paid  by  the  decedent's
16    legally responsible relatives. A legally responsible relative
17    is  expected  to pay (i) funeral and (ii) burial or cremation
18    expenses unless financially unable to do so.
19        Nothing contained in this Section or in any other Section
20    of this Code shall be  construed  to  prohibit  the  Illinois
21    Department  (1)  from consolidating existing standards on the
22    basis of any standards which are or were  in  effect  on,  or
23    subsequent  to  July  1,  1969,  or  (2)  from  employing any
24    consolidated standards in determining need for public aid and
25    the  amount  of  money  payment  or  grant   for   individual
26    recipients or recipient families.
27    (Source: P.A. 91-24, eff. 7-1-99; 92-419, eff. 1-1-02.)

28        Section  99.   Effective  date.  This Act takes effect on
29    July 1, 2003.