Full Text of HB2382 96th General Assembly
HB2382eng 96TH GENERAL ASSEMBLY
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HB2382 Engrossed |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 4-2 as follows:
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| (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
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| Sec. 4-2. Amount of aid.
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| (a) The amount and nature of financial aid shall be | 9 |
| determined in accordance
with the grant amounts, rules and | 10 |
| regulations of the Illinois Department. Due
regard shall be | 11 |
| given to the self-sufficiency requirements of the family and to
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| the income, money contributions and other support and resources | 13 |
| available, from
whatever source. However, the amount and nature | 14 |
| of any financial aid is not
affected by the payment of any | 15 |
| grant under the "Senior Citizens and Disabled
Persons Property | 16 |
| Tax Relief and Pharmaceutical Assistance Act" or any
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| distributions or items of income described under subparagraph | 18 |
| (X) of paragraph
(2) of subsection (a) of Section 203 of the | 19 |
| Illinois Income Tax Act. The aid
shall be sufficient, when | 20 |
| added to all other income, money contributions and
support to | 21 |
| provide the family with a grant in the amount established by
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| Department regulation. Beginning July 1, 2008, the Department | 23 |
| of Human Services shall increase TANF grant amounts in effect |
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| on June 30, 2008 by 9%. Beginning July 1, 2009, the Department | 2 |
| of Human Services shall increase the TANF grant amounts in | 3 |
| effect on June 30, 2009, by 15%.
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| (b) The Illinois Department may conduct special projects, | 5 |
| which may be
known as Grant Diversion Projects, under which | 6 |
| recipients of financial aid
under this Article are placed in | 7 |
| jobs and their grants are diverted to the
employer who in turn | 8 |
| makes payments to the recipients in the form of salary
or other | 9 |
| employment benefits. The Illinois Department shall by rule | 10 |
| specify
the terms and conditions of such Grant Diversion | 11 |
| Projects. Such projects
shall take into consideration and be | 12 |
| coordinated with the programs
administered under the Illinois | 13 |
| Emergency Employment Development Act.
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| (c) The amount and nature of the financial aid for a child | 15 |
| requiring
care outside his own home shall be determined in | 16 |
| accordance with the rules
and regulations of the Illinois | 17 |
| Department, with due regard to the needs
and requirements of | 18 |
| the child in the foster home or institution in which
he has | 19 |
| been placed.
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| (d) If the Department establishes grants for family units | 21 |
| consisting
exclusively of a pregnant woman with no dependent | 22 |
| child or including her
husband if living with her, the grant | 23 |
| amount for such a unit
shall be equal to the grant amount for | 24 |
| an assistance unit consisting of one
adult, or 2 persons if the | 25 |
| husband is included. Other than as herein
described, an unborn | 26 |
| child shall not be counted
in determining the size of an |
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| assistance unit or for calculating grants.
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| Payments for basic maintenance requirements of a child or | 3 |
| children
and the relative with whom the child or children are | 4 |
| living shall be
prescribed, by rule, by the Illinois | 5 |
| Department.
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| Grants under this Article shall not be supplemented by | 7 |
| General
Assistance provided under Article VI.
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| (e) Grants shall be paid to the parent or other person with | 9 |
| whom the
child or children are living, except for such amount | 10 |
| as is paid in
behalf of the child or his parent or other | 11 |
| relative to other persons or
agencies pursuant to this Code or | 12 |
| the rules and regulations of the
Illinois Department.
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| (f) Subject to subsection (f-5), an assistance unit, | 14 |
| receiving
financial
aid under this Article or
temporarily | 15 |
| ineligible to receive aid under this Article under a penalty
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| imposed by the Illinois Department for failure to comply with | 17 |
| the eligibility
requirements or that voluntarily requests | 18 |
| termination of financial assistance
under this Article and | 19 |
| becomes subsequently eligible for assistance within 9
months, | 20 |
| shall not receive any increase in the amount of aid solely on | 21 |
| account
of the birth of a child; except that an increase is not | 22 |
| prohibited when the
birth is (i) of a child of a pregnant woman
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| who became eligible for aid under this Article during the | 24 |
| pregnancy,
or (ii) of a child born within 10 months after the | 25 |
| date of implementation of
this subsection, or (iii) of a child | 26 |
| conceived after a family became
ineligible for assistance due |
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| to income or marriage and at least 3 months of
ineligibility | 2 |
| expired before any reapplication for assistance. This | 3 |
| subsection
does not, however, prevent a unit from receiving a | 4 |
| general increase in the
amount of aid that is provided to all | 5 |
| recipients of aid under this Article.
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| The Illinois Department is authorized to transfer funds, | 7 |
| and shall use any
budgetary savings attributable to not | 8 |
| increasing the grants due to the births
of additional children, | 9 |
| to supplement existing funding for employment and
training | 10 |
| services for recipients of aid under this Article IV. The | 11 |
| Illinois
Department shall target, to the extent the | 12 |
| supplemental funding allows,
employment and training services | 13 |
| to the families who do not receive a grant
increase after the | 14 |
| birth of a child. In addition, the Illinois Department
shall | 15 |
| provide, to the extent the supplemental funding allows, such | 16 |
| families
with up to 24 months of transitional child care | 17 |
| pursuant to Illinois Department
rules. All remaining | 18 |
| supplemental funds shall be used for employment and
training | 19 |
| services or transitional child care support.
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| In making the transfers authorized by this subsection, the | 21 |
| Illinois
Department shall first determine, pursuant to | 22 |
| regulations adopted by the
Illinois Department for this | 23 |
| purpose, the amount of savings attributable to
not increasing | 24 |
| the grants due to the births of additional children. Transfers
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| may be made from General Revenue Fund appropriations for | 26 |
| distributive purposes
authorized by Article IV of this Code |
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| only to General Revenue Fund
appropriations for employability | 2 |
| development services including operating
and administrative | 3 |
| costs and related distributive purposes under Article
IXA of | 4 |
| this Code. The Director, with the approval of the Governor, | 5 |
| shall
certify the amount and affected line item appropriations | 6 |
| to the State
Comptroller.
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| Nothing in this subsection shall be construed to prohibit | 8 |
| the Illinois
Department from using funds under this Article IV | 9 |
| to provide
assistance in the form of vouchers
that may be used | 10 |
| to pay for goods and services deemed by the Illinois
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| Department, by rule, as suitable for the care of the child such | 12 |
| as diapers,
clothing, school supplies, and cribs.
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| (f-5) Subsection (f) shall not apply to affect the monthly | 14 |
| assistance
amount of
any family as a result of the birth of a | 15 |
| child on or after January 1, 2004.
As resources permit after | 16 |
| January 1, 2004, the Department may
cease applying subsection | 17 |
| (f) to limit assistance to families receiving
assistance under | 18 |
| this Article on January 1, 2004, with respect to children
born | 19 |
| prior to that date. In any event, subsection (f) shall be | 20 |
| completely
inoperative on and after July 1, 2007.
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| (g) (Blank).
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| (h) Notwithstanding any other provision of this Code, the | 23 |
| Illinois
Department is authorized to reduce payment levels used | 24 |
| to determine cash grants
under this Article after December 31 | 25 |
| of any fiscal year if the Illinois
Department determines that | 26 |
| the caseload upon which the appropriations for the
current |
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| fiscal year are based have increased by more than 5% and the
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| appropriation is not sufficient to ensure that
cash benefits | 3 |
| under this Article do not exceed the amounts appropriated for
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| those cash benefits. Reductions in payment levels may be | 5 |
| accomplished by
emergency rule under Section 5-45 of the | 6 |
| Illinois Administrative Procedure Act,
except that the | 7 |
| limitation on the number of emergency rules that may be adopted
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| in a 24-month period shall not apply and the provisions of | 9 |
| Sections 5-115 and
5-125 of the Illinois Administrative | 10 |
| Procedure Act shall not apply.
Increases in payment levels | 11 |
| shall be accomplished only in accordance with
Section 5-40 of | 12 |
| the Illinois Administrative Procedure Act. Before any rule
to | 13 |
| increase payment levels
promulgated under this Section shall | 14 |
| become effective, a joint resolution
approving the rule must be | 15 |
| adopted by a roll call vote by a majority of the
members | 16 |
| elected to each chamber of the General Assembly.
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| (Source: P.A. 95-744, eff. 7-18-08.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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