[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
90_HB3447ham001
LRB9011463SMdvam02
1 AMENDMENT TO HOUSE BILL 3447
2 AMENDMENT NO. . Amend House Bill 3447 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Sections 1-11 and 12-4.34."; 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 changing Sections 1-11 and 12-4.34 as follows:
10 (305 ILCS 5/1-11)
11 Sec. 1-11. Citizenship. To the extent not otherwise
12 provided in this Code or federal law, all clients who receive
13 cash or medical assistance under Article III, IV, V, or VI of
14 this Code must meet the citizenship requirements as
15 established in this Section. To be eligible for assistance an
16 individual, who is otherwise eligible, must be either a
17 United States citizen or included in one of the following
18 categories of non-citizens:
19 (1) United States veterans honorably discharged and
20 persons on active military duty, and the spouse and
21 unmarried dependent children of these persons;
-2- LRB9011463SMdvam02
1 (2) Refugees under Section 207 of the Immigration
2 and Nationality Act;
3 (3) Asylees under Section 208 of the Immigration
4 and Nationality Act;
5 (4) Persons for whom deportation has been withheld
6 under Section 243(h) of the Immigration and Nationality
7 Act;
8 (5) Persons granted conditional entry under Section
9 203(a)(7) of the Immigration and Nationality Act as in
10 effect prior to April 1, 1980;
11 (6) Persons lawfully admitted for permanent
12 residence under the Immigration and Nationality Act; and
13 (7) Parolees, for at least one year, under Section
14 212(d)(5) of the Immigration and Nationality Act; and
15 (8) Persons who are eligible for protection under
16 the Illinois Domestic Violence Act of 1986, or a person
17 who has been abused in the United States, is the child of
18 a parent who has been abused in the United States, or is
19 the parent of a child who has been abused in the United
20 States, as defined in 8 CFR 216.5(e)(3)(i) or 8 CFR
21 204.2(e)(1)(vi), if these persons have been approved or
22 have a petition pending which sets forth a prima facie
23 case for:
24 (i) status as a spouse or child of a United
25 States citizen or a legal permanent resident under
26 Section 204(a)(1) of the Immigration and Nationality
27 Act;
28 (ii) classification as a person lawfully
29 admitted for permanent residence under the
30 Immigration and Nationality Act;
31 (iii) suspension of deportation and adjustment
32 of status under Section 244(a)(3) of the Immigration
33 and Nationality Act, as in effect before the date of
34 enactment of the Illegal Immigration Reform and
-3- LRB9011463SMdvam02
1 Immigrant Responsibility Act of 1996 (P.L. 104-208);
2 or
3 (iv) cancellation of removal and adjustment of
4 status under Section 240A of the Immigration and
5 Nationality Act.
6 No income or assets of the abuser shall be deemed
7 available to a person described in this paragraph (8).
8 Those persons who are in the categories set forth in
9 subdivisions 6 and 7 of this Section, who enter the United
10 States on or after August 22, 1996, shall not be eligible for
11 5 years beginning on the date the person entered the United
12 States.
13 The Illinois Department may, by rule, cover prenatal care
14 or emergency medical care for non-citizens who are not
15 otherwise eligible under this Section. Local governmental
16 units which do not receive State funds may impose their own
17 citizenship requirements and are authorized to provide any
18 benefits and impose any citizenship requirements as are
19 allowed under the Personal Responsibility and Work
20 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
21 (Source: P.A. 90-17, eff. 7-1-97.)
22 (305 ILCS 5/12-4.34)
23 (Section scheduled to be repealed on August 31, 1998)
24 Sec. 12-4.34. Naturalization and nutrition services to
25 noncitizens.
26 (a) Subject to specific appropriation for this purpose,
27 the Department of Human Services is authorized to provide
28 naturalization services to legal immigrants.
29 (b) Subject to specific appropriation for this purpose,
30 the Department of Human Services is authorized to provide
31 nutrition services to noncitizens who are 65 years of age or
32 older, under 18 years of age, or disabled, and who were in
33 the United States prior to August 22, 1996 and are not
-4- LRB9011463SMdvam02
1 eligible for the federal food stamp program due to their
2 noncitizen status. The Department of Human Services is
3 further authorized to provide nutrition services to persons
4 who are not eligible for the federal food stamp program due
5 to their noncitizen status and who are eligible for
6 protection under the Illinois Domestic Violence Act of 1986,
7 or a person who has been abused in the United States, is the
8 child of a parent who has been abused in the United States,
9 or is the parent of a child who has been abused in the United
10 States, as defined in 8 CFR 216.5(e)(3)(i) or 8 CFR
11 204.2(e)(1)(vi), if these persons have been approved or have
12 a petition pending which sets forth a prima facie case for
13 status as a spouse or child of a United States citizen or a
14 legal permanent resident under Section 204(a)(1) of the
15 Immigration and Nationality Act, classification as a person
16 lawfully admitted for permanent residence under the
17 Immigration and Nationality Act, or suspension of deportation
18 and adjustment of status under Section 244(a)(3) of the
19 Immigration and Nationality Act, as in effect before the date
20 of enactment of the Illegal Immigration Reform and Immigrant
21 Responsibility Act of 1996 (P.L. 104-208), or cancellation of
22 removal and adjustment of status under Section 240A of the
23 Immigration and Nationality Act. The payment levels and other
24 eligibility conditions for these services shall be determined
25 by rule.
26 The Illinois Department is authorized to lower the
27 payment levels established under this subsection or take such
28 other actions during the fiscal year as are necessary to
29 ensure that payments under this subsection do not exceed the
30 amounts appropriated for this purpose. These changes may be
31 accomplished by emergency rule under Section 5-45 of the
32 Illinois Administrative Procedure Act, except that the
33 limitation on the number of emergency rules that may be
34 adopted in a 24-month period shall not apply.
-5- LRB9011463SMdvam02
1 (c) This Section is repealed on August 31, 1998.
2 (Source: P.A. 90-564, eff. 12-22-97.)
3 Section 99. Effective date. This Act takes effect July
4 1, 1998.".