Illinois General Assembly - Full Text of HB0721
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Full Text of HB0721  100th General Assembly




State of Illinois
2017 and 2018


Introduced 1/25/2017, by Rep. Melissa Conyears-Ervin


305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in fiscal year 2018, the specified threshold for working families must be no less than 185% of the then-current federal poverty level for each family size. Effective immediately.

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HB0721LRB100 05894 KTG 15920 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 9A-11 as follows:
6    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
7    Sec. 9A-11. Child Care.
8    (a) The General Assembly recognizes that families with
9children need child care in order to work. Child care is
10expensive and families with low incomes, including those who
11are transitioning from welfare to work, often struggle to pay
12the costs of day care. The General Assembly understands the
13importance of helping low income working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General
17Assembly that all working poor families should be treated
18equally, regardless of their welfare status.
19    (b) To the extent resources permit, the Illinois Department
20shall provide child care services to parents or other relatives
21as defined by rule who are working or participating in
22employment or Department approved education or training
23programs. At a minimum, the Illinois Department shall cover the



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1following categories of families:
2        (1) recipients of TANF under Article IV participating
3    in work and training activities as specified in the
4    personal plan for employment and self-sufficiency;
5        (2) families transitioning from TANF to work;
6        (3) families at risk of becoming recipients of TANF;
7        (4) families with special needs as defined by rule; and
8        (5) working families with very low incomes as defined
9    by rule.
10    The Department shall specify by rule the conditions of
11eligibility, the application process, and the types, amounts,
12and duration of services. Eligibility for child care benefits
13and the amount of child care provided may vary based on family
14size, income, and other factors as specified by rule.
15    In determining income eligibility for child care benefits,
16the Department annually, at the beginning of each fiscal year,
17shall establish, by rule, one income threshold for each family
18size, in relation to percentage of State median income for a
19family of that size, that makes families with incomes below the
20specified threshold eligible for assistance and families with
21incomes above the specified threshold ineligible for
22assistance. Through and including fiscal year 2007, the
23specified threshold must be no less than 50% of the
24then-current State median income for each family size.
25Beginning in fiscal year 2008, the specified threshold must be
26no less than 185% of the then-current federal poverty level for



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1each family size. Notwithstanding any other provision of law or
2administrative rule to the contrary, beginning in fiscal year
32018, the specified threshold for working families with very
4low incomes as defined by rule must be no less than 185% of the
5then-current federal poverty level for each family size.
6    In determining eligibility for assistance, the Department
7shall not give preference to any category of recipients or give
8preference to individuals based on their receipt of benefits
9under this Code.
10    The Department shall allocate $7,500,000 annually for a
11test program for families who are income-eligible for child
12care assistance, who are not recipients of TANF under Article
13IV, and who need child care assistance to participate in
14education and training activities. The Department shall
15specify by rule the conditions of eligibility for this test
17    Nothing in this Section shall be construed as conferring
18entitlement status to eligible families.
19    The Illinois Department is authorized to lower income
20eligibility ceilings, raise parent co-payments, create waiting
21lists, or take such other actions during a fiscal year as are
22necessary to ensure that child care benefits paid under this
23Article do not exceed the amounts appropriated for those child
24care benefits. These changes may be accomplished by emergency
25rule under Section 5-45 of the Illinois Administrative
26Procedure Act, except that the limitation on the number of



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1emergency rules that may be adopted in a 24-month period shall
2not apply.
3    The Illinois Department may contract with other State
4agencies or child care organizations for the administration of
5child care services.
6    (c) Payment shall be made for child care that otherwise
7meets the requirements of this Section and applicable standards
8of State and local law and regulation, including any
9requirements the Illinois Department promulgates by rule in
10addition to the licensure requirements promulgated by the
11Department of Children and Family Services and Fire Prevention
12and Safety requirements promulgated by the Office of the State
13Fire Marshal and is provided in any of the following:
14        (1) a child care center which is licensed or exempt
15    from licensure pursuant to Section 2.09 of the Child Care
16    Act of 1969;
17        (2) a licensed child care home or home exempt from
18    licensing;
19        (3) a licensed group child care home;
20        (4) other types of child care, including child care
21    provided by relatives or persons living in the same home as
22    the child, as determined by the Illinois Department by
23    rule.
24    (c-5) Solely for the purposes of coverage under the
25Illinois Public Labor Relations Act, child and day care home
26providers, including licensed and license exempt,



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1participating in the Department's child care assistance
2program shall be considered to be public employees and the
3State of Illinois shall be considered to be their employer as
4of the effective date of this amendatory Act of the 94th
5General Assembly, but not before. The State shall engage in
6collective bargaining with an exclusive representative of
7child and day care home providers participating in the child
8care assistance program concerning their terms and conditions
9of employment that are within the State's control. Nothing in
10this subsection shall be understood to limit the right of
11families receiving services defined in this Section to select
12child and day care home providers or supervise them within the
13limits of this Section. The State shall not be considered to be
14the employer of child and day care home providers for any
15purposes not specifically provided in this amendatory Act of
16the 94th General Assembly, including but not limited to,
17purposes of vicarious liability in tort and purposes of
18statutory retirement or health insurance benefits. Child and
19day care home providers shall not be covered by the State
20Employees Group Insurance Act of 1971.
21    In according child and day care home providers and their
22selected representative rights under the Illinois Public Labor
23Relations Act, the State intends that the State action
24exemption to application of federal and State antitrust laws be
25fully available to the extent that their activities are
26authorized by this amendatory Act of the 94th General Assembly.



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1    (d) The Illinois Department shall establish, by rule, a
2co-payment scale that provides for cost sharing by families
3that receive child care services, including parents whose only
4income is from assistance under this Code. The co-payment shall
5be based on family income and family size and may be based on
6other factors as appropriate. Co-payments may be waived for
7families whose incomes are at or below the federal poverty
9    (d-5) The Illinois Department, in consultation with its
10Child Care and Development Advisory Council, shall develop a
11plan to revise the child care assistance program's co-payment
12scale. The plan shall be completed no later than February 1,
132008, and shall include:
14        (1) findings as to the percentage of income that the
15    average American family spends on child care and the
16    relative amounts that low-income families and the average
17    American family spend on other necessities of life;
18        (2) recommendations for revising the child care
19    co-payment scale to assure that families receiving child
20    care services from the Department are paying no more than
21    they can reasonably afford;
22        (3) recommendations for revising the child care
23    co-payment scale to provide at-risk children with complete
24    access to Preschool for All and Head Start; and
25        (4) recommendations for changes in child care program
26    policies that affect the affordability of child care.



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1    (e) (Blank).
2    (f) The Illinois Department shall, by rule, set rates to be
3paid for the various types of child care. Child care may be
4provided through one of the following methods:
5        (1) arranging the child care through eligible
6    providers by use of purchase of service contracts or
7    vouchers;
8        (2) arranging with other agencies and community
9    volunteer groups for non-reimbursed child care;
10        (3) (blank); or
11        (4) adopting such other arrangements as the Department
12    determines appropriate.
13    (f-5) (Blank).
14    (g) Families eligible for assistance under this Section
15shall be given the following options:
16        (1) receiving a child care certificate issued by the
17    Department or a subcontractor of the Department that may be
18    used by the parents as payment for child care and
19    development services only; or
20        (2) if space is available, enrolling the child with a
21    child care provider that has a purchase of service contract
22    with the Department or a subcontractor of the Department
23    for the provision of child care and development services.
24    The Department may identify particular priority
25    populations for whom they may request special
26    consideration by a provider with purchase of service



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1    contracts, provided that the providers shall be permitted
2    to maintain a balance of clients in terms of household
3    incomes and families and children with special needs, as
4    defined by rule.
5(Source: P.A. 97-422, eff. 8-16-11.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.