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90_HB1809ham001
LRB9004715DJcdam
1 AMENDMENT TO HOUSE BILL 1809
2 AMENDMENT NO. . Amend House Bill 1809 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by adding
5 Section 4-1.6b."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 adding Section 4-1.6b as follows:
10 (305 ILCS 5/4-1.6b new)
11 Sec. 4-1.6b. Family violence option.
12 (a) For purposes of this Section, a "victim of domestic
13 violence" is a person who has been battered or subjected to
14 extreme cruelty as that term is defined in Section
15 408(a)(7)(C)(iii) of the Social Security Act.
16 (b) In recognition of the reality of family violence for
17 many individuals who may need Temporary Assistance for Needy
18 Families (TANF) as authorized under the Personal
19 Responsibility and Work Opportunity Reconciliation Act of
20 1996 (P.L. 104-193), the State of Illinois adopts the Family
21 Violence Option under Section 402(a)(7) of the Social
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1 Security Act.
2 (c) Adoption of the Family Violence Option will increase
3 the State's flexibility in moving Illinois families from
4 welfare to work to ensure that applicants and recipients who
5 are past or present victims of domestic violence or at risk
6 of further domestic violence are not placed at risk or
7 unfairly penalized and to ensure that victims of domestic
8 violence remain on the path to economic self-sufficiency
9 while preserving the safety and well-being of the victims and
10 their children.
11 (d) Every State agency responsible for the operation and
12 implementation of any portion of the Temporary Assistance for
13 Needy Families, child support enforcement, or Food Stamp
14 program shall do the following:
15 (1) Screen and identify applicants and recipients
16 of assistance for TANF or Food Stamps who are past or
17 present victims of domestic violence of at risk of
18 further domestic violence, while protecting
19 confidentiality.
20 (2) Refer those individuals for counseling and
21 supportive services.
22 (3) Waive, for so long as necessary, pursuant to a
23 determination of good cause, any program requirements
24 that would make it more difficult for those individuals
25 to escape domestic violence or would unfairly penalize
26 past or present victims of domestic violence or those at
27 risk of further domestic violence, such as time limits on
28 receipt of assistance, work requirements, paternity
29 establishment and child support cooperation requirements,
30 residency requirements, family cap provisions, budgeting
31 an abuser's income as countable income, the requirement
32 that the child or children live with the victim,
33 limitations on assistance for convicted felons,
34 limitations on emergency assistance, limitations on TANF
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1 assistance to non-citizens, or any penalty or sanction,
2 including reduction or termination of assistance, for
3 failure to comply with a program requirement.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".