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90_HB3447eng
305 ILCS 5/1-11
305 ILCS 5/12-4.34
Amends the Illinois Public Aid Code. Provides that
non-citizens who are otherwise eligible, are protected under
the Illinois Domestic Violence Act of 1986, and meet
specified criteria relating to federal immigration status are
eligible to receive cash or medical assistance under the
Code. Provides that the Department of Human Services is
authorized to provide nutrition services to non-citizens who
are protected under the Illinois Domestic Violence Act of
1986 and meet specified criteria relating to federal
immigration status. Effective July 1, 1998.
LRB9011463SMpk
HB3447 Engrossed LRB9011463SMpk
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Sections 1-11 and 12-4.34.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Sections 1-11 and 12-4.34 as follows:
7 (305 ILCS 5/1-11)
8 Sec. 1-11. Citizenship. To the extent not otherwise
9 provided in this Code or federal law, all clients who receive
10 cash or medical assistance under Article III, IV, V, or VI of
11 this Code must meet the citizenship requirements as
12 established in this Section. To be eligible for assistance an
13 individual, who is otherwise eligible, must be either a
14 United States citizen or included in one of the following
15 categories of non-citizens:
16 (1) United States veterans honorably discharged and
17 persons on active military duty, and the spouse and
18 unmarried dependent children of these persons;
19 (2) Refugees under Section 207 of the Immigration
20 and Nationality Act;
21 (3) Asylees under Section 208 of the Immigration
22 and Nationality Act;
23 (4) Persons for whom deportation has been withheld
24 under Section 243(h) of the Immigration and Nationality
25 Act;
26 (5) Persons granted conditional entry under Section
27 203(a)(7) of the Immigration and Nationality Act as in
28 effect prior to April 1, 1980;
29 (6) Persons lawfully admitted for permanent
30 residence under the Immigration and Nationality Act; and
31 (7) Parolees, for at least one year, under Section
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1 212(d)(5) of the Immigration and Nationality Act; and
2 (8) Persons who are eligible for protection under
3 the Illinois Domestic Violence Act of 1986, or a person
4 who has been abused in the United States, is the child of
5 a parent who has been abused in the United States, or is
6 the parent of a child who has been abused in the United
7 States, as defined in 8 CFR 216.5(e)(3)(i) or 8 CFR
8 204.2(e)(1)(vi), if these persons have been approved or
9 have a petition pending which sets forth a prima facie
10 case for:
11 (i) status as a spouse or child of a United
12 States citizen or a legal permanent resident under
13 Section 204(a)(1) of the Immigration and Nationality
14 Act;
15 (ii) classification as a person lawfully
16 admitted for permanent residence under the
17 Immigration and Nationality Act;
18 (iii) suspension of deportation and adjustment
19 of status under Section 244(a)(3) of the Immigration
20 and Nationality Act, as in effect before the date of
21 enactment of the Illegal Immigration Reform and
22 Immigrant Responsibility Act of 1996 (P.L. 104-208);
23 or
24 (iv) cancellation of removal and adjustment of
25 status under Section 240A of the Immigration and
26 Nationality Act.
27 No income or assets of the abuser shall be deemed
28 available to a person described in this paragraph (8).
29 Those persons who are in the categories set forth in
30 subdivisions 6 and 7 of this Section, who enter the United
31 States on or after August 22, 1996, shall not be eligible for
32 5 years beginning on the date the person entered the United
33 States.
34 The Illinois Department may, by rule, cover prenatal care
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1 or emergency medical care for non-citizens who are not
2 otherwise eligible under this Section. Local governmental
3 units which do not receive State funds may impose their own
4 citizenship requirements and are authorized to provide any
5 benefits and impose any citizenship requirements as are
6 allowed under the Personal Responsibility and Work
7 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
8 (Source: P.A. 90-17, eff. 7-1-97.)
9 (305 ILCS 5/12-4.34)
10 (Section scheduled to be repealed on August 31, 1998)
11 Sec. 12-4.34. Naturalization and nutrition services to
12 noncitizens.
13 (a) Subject to specific appropriation for this purpose,
14 the Department of Human Services is authorized to provide
15 naturalization services to legal immigrants.
16 (b) Subject to specific appropriation for this purpose,
17 the Department of Human Services is authorized to provide
18 nutrition services to noncitizens who are 65 years of age or
19 older, under 18 years of age, or disabled, and who were in
20 the United States prior to August 22, 1996 and are not
21 eligible for the federal food stamp program due to their
22 noncitizen status. The Department of Human Services is
23 further authorized to provide nutrition services to persons
24 who are not eligible for the federal food stamp program due
25 to their noncitizen status and who are eligible for
26 protection under the Illinois Domestic Violence Act of 1986,
27 or a person who has been abused in the United States, is the
28 child of a parent who has been abused in the United States,
29 or is the parent of a child who has been abused in the United
30 States, as defined in 8 CFR 216.5(e)(3)(i) or 8 CFR
31 204.2(e)(1)(vi), if these persons have been approved or have
32 a petition pending which sets forth a prima facie case for
33 status as a spouse or child of a United States citizen or a
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1 legal permanent resident under Section 204(a)(1) of the
2 Immigration and Nationality Act, classification as a person
3 lawfully admitted for permanent residence under the
4 Immigration and Nationality Act, or suspension of deportation
5 and adjustment of status under Section 244(a)(3) of the
6 Immigration and Nationality Act, as in effect before the date
7 of enactment of the Illegal Immigration Reform and Immigrant
8 Responsibility Act of 1996 (P.L. 104-208), or cancellation of
9 removal and adjustment of status under Section 240A of the
10 Immigration and Nationality Act. The payment levels and other
11 eligibility conditions for these services shall be determined
12 by rule.
13 The Illinois Department is authorized to lower the
14 payment levels established under this subsection or take such
15 other actions during the fiscal year as are necessary to
16 ensure that payments under this subsection do not exceed the
17 amounts appropriated for this purpose. These changes may be
18 accomplished by emergency rule under Section 5-45 of the
19 Illinois Administrative Procedure Act, except that the
20 limitation on the number of emergency rules that may be
21 adopted in a 24-month period shall not apply.
22 (c) This Section is repealed on August 31, 1998.
23 (Source: P.A. 90-564, eff. 12-22-97.)
24 Section 99. Effective date. This Act takes effect July
25 1, 1998.