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90_HB1810ham001
LRB9004714DJbdam
1 AMENDMENT TO HOUSE BILL 1810
2 AMENDMENT NO. . Amend House Bill 1810 on page 1,
3 lines 1 and 5, by inserting after "by" each time it appears
4 the following: "changing Section 4-2 and"; and
5 below line 6, by inserting the following:
6 "(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
7 Sec. 4-2. Amount of aid.
8 (a) The amount and nature of financial aid shall be
9 determined in accordance with the standards, grant amounts,
10 rules and regulations of the Illinois Department. Due regard
11 shall be given to the self-sufficiency requirements of the
12 family and to the income, money contributions and other
13 support and resources available, from whatever source.
14 Beginning July 1, 1992, the supplementary grants previously
15 paid under this Section shall no longer be paid. However,
16 the amount and nature of any financial aid is not affected by
17 the payment of any grant under the "Senior Citizens and
18 Disabled Persons Property Tax Relief and Pharmaceutical
19 Assistance Act". The aid shall be sufficient, when added to
20 all other income, money contributions and support to provide
21 the family with a grant in the amount established by
22 Department regulation.
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1 (b) The Illinois Department may conduct special
2 projects, which may be known as Grant Diversion Projects,
3 under which recipients of financial aid under this Article
4 are placed in jobs and their grants are diverted to the
5 employer who in turn makes payments to the recipients in the
6 form of salary or other employment benefits. The Illinois
7 Department shall by rule specify the terms and conditions of
8 such Grant Diversion Projects. Such projects shall take into
9 consideration and be coordinated with the programs
10 administered under the Illinois Emergency Employment
11 Development Act.
12 (c) The amount and nature of the financial aid for a
13 child requiring care outside his own home shall be determined
14 in accordance with the rules and regulations of the Illinois
15 Department, with due regard to the needs and requirements of
16 the child in the foster home or institution in which he has
17 been placed.
18 (d) If the Department establishes grants for family
19 units consisting exclusively of a pregnant woman with no
20 dependent child, the grant amount for such a unit shall be
21 equal to the grant amount for an assistance unit consisting
22 of one adult. Other than as herein described, an unborn
23 child shall not be counted in determining the size of an
24 assistance unit or for calculating grants.
25 Payments for basic maintenance requirements of a child or
26 children and the relative with whom the child or children are
27 living shall be prescribed, by rule, by the Illinois
28 Department.
29 These grants may be increased in the following circumstances:
30 1. If the child is living with both parents or with
31 persons standing in the relationship of parents, and if
32 the grant is necessitated because of the unemployment or
33 insufficient earnings of the parent or parents and
34 neither parent is receiving benefits under "The
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1 Unemployment Compensation Act", approved June 30, 1937,
2 as amended, the maximum may be increased by not more than
3 $25.
4 2. If a child is age 13 or over, the maximum may be
5 increased by not more than $15.
6 The allowances provided under Article IX for recipients
7 participating in the training and rehabilitation programs
8 shall be in addition to the maximum payments established in
9 this Section.
10 Grants under this Article shall not be supplemented by
11 General Assistance provided under Article VI.
12 (e) Grants shall be paid to the parent or other person
13 with whom the child or children are living, except for such
14 amount as is paid in behalf of the child or his parent or
15 other relative to other persons or agencies pursuant to this
16 Code or the rules and regulations of the Illinois Department.
17 (f) An assistance unit, receiving financial aid under
18 this Article or temporarily ineligible to receive aid under
19 this Article under a penalty imposed by the Illinois
20 Department for failure to comply with the eligibility
21 requirements or that voluntarily requests termination of
22 financial assistance under this Article and becomes
23 subsequently eligible for assistance within 9 months, shall
24 not receive any increase in the amount of aid solely on
25 account of the birth of a child; except that an increase is
26 not prohibited when the birth is (i) of a child of a pregnant
27 woman who became eligible for aid under this Article during
28 the pregnancy, or (ii) of a child born within 10 months after
29 the date of implementation of this subsection, or (iii) of a
30 child conceived after a family became ineligible for
31 assistance due to income or marriage and at least 3 months of
32 ineligibility expired before any reapplication for
33 assistance. This subsection does not, however, prevent a
34 unit from receiving a general increase in the amount of aid
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1 that is provided to all recipients of aid under this Article.
2 The prohibition in this subsection against an increase in the
3 amount of aid solely on account of the birth of a child does
4 not apply in any month in which an assistance unit subject
5 to this subsection has earned income; that is, the
6 eligibility of and benefit amount for such an assistance unit
7 in such a month shall be determined on a basis that includes
8 in the assistance unit any child on account of whose birth
9 the assistance unit would not receive an increase in the
10 amount of aid under this subsection but for the operation of
11 this sentence.
12 The Illinois Department is authorized to transfer funds,
13 and shall use any budgetary savings attributable to not
14 increasing the grants due to the births of additional
15 children, to supplement existing funding for employment and
16 training services within the JOBS or its successor program
17 for recipients of aid under this Article IV. The Illinois
18 Department shall target, to the extent the supplemental
19 funding allows, JOBS services to the families who do not
20 receive a grant increase after the birth of a child. In
21 addition, the Illinois Department shall provide, to the
22 extent the supplemental funding allows, such families with up
23 to 24 months of transitional child care pursuant to Illinois
24 Department rules. All remaining supplemental funds shall be
25 used for JOBS employment and training services or
26 transitional child care support.
27 In making the transfers authorized by this subsection,
28 the Illinois Department shall first determine, pursuant to
29 regulations adopted by the Illinois Department for this
30 purpose, the amount of savings attributable to not increasing
31 the grants due to the births of additional children.
32 Transfers may be made from General Revenue Fund
33 appropriations for distributive purposes authorized by
34 Article IV of this Code only to General Revenue Fund
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1 appropriations for employability development services
2 including operating and administrative costs and related
3 distributive purposes under Article IXA of this Code. The
4 Director, with the approval of the Governor, shall certify
5 the amount and affected line item appropriations to the State
6 Comptroller.
7 The Illinois Department shall apply for all waivers of
8 federal law and regulations necessary to implement this
9 subsection; implementation of this subsection is contingent
10 on the Illinois Department receiving all necessary federal
11 waivers. The Illinois Department may implement this
12 subsection through the use of emergency rules in accordance
13 with Section 5-45 of the Illinois Administrative Procedure
14 Act. For purposes of the Illinois Administrative Procedure
15 Act, the adoption of rules to implement this subsection shall
16 be considered an emergency and necessary for the public
17 interest, safety, and welfare.
18 Nothing in this subsection shall be construed to prohibit
19 the Illinois Department from using AFDC funds to provide
20 assistance in the form of vouchers that may be used to pay
21 for goods and services deemed by the Illinois Department, by
22 rule, as suitable for the care of the child such as diapers,
23 clothing, school supplies, and cribs.
24 If an adult in an assistance unit is caring for a child
25 under one year of age on account of whose birth the
26 assistance unit did not receive an increase in the amount of
27 aid under this subsection, the Illinois Department may
28 consider the adult exempt from work activity requirements
29 under the TANF (Temporary Assistance for Needy Families)
30 program authorized under the Personal Responsibility and Work
31 Opportunity Reconciliation Act of 1996, P.L. 104-193,
32 according to criteria for such an exemption set forth in
33 rules.
34 (g) Notwithstanding any other provision of this Code to
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1 the contrary, the Illinois Department is authorized to reduce
2 or eliminate payments for supplementary grants under the
3 first paragraph of this Section as necessary to implement
4 contingency reserves under the Emergency Budget Act of Fiscal
5 Year 1992, to the extent permitted by federal law. Any such
6 reduction or elimination shall expire on July 1, 1992.
7 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
8 89-641, eff. 8-9-96.)".