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90_SB1418
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.
LRB9011462SMpk
LRB9011462SMpk
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 protected by an order entered
3 under the Illinois Domestic Violence Act of 1986 and have
4 been approved or have a petition pending which sets forth
5 a prima facie case for:
6 (i) status as a spouse or child of a United
7 States citizen under Section 204(a)(1) of the
8 Immigration and Nationality Act;
9 (ii) classification as a person lawfully
10 admitted for permanent residence under the
11 Immigration and Nationality Act; or
12 (iii) suspension of deportation and adjustment
13 of status under Section 244(a)(3) of the Immigration
14 and Nationality Act.
15 The amount of income and assets of the sponsor of a
16 person described in this subdivision (8) deemed available
17 to the person shall not exceed the amount actually
18 provided if the person's sponsor is his or her abuser or
19 a member of his or her abuser's household.
20 Those persons who are in the categories set forth in
21 subdivisions 6 and 7 of this Section, who enter the United
22 States on or after August 22, 1996, shall not be eligible for
23 5 years beginning on the date the person entered the United
24 States.
25 The Illinois Department may, by rule, cover prenatal care
26 or emergency medical care for non-citizens who are not
27 otherwise eligible under this Section. Local governmental
28 units which do not receive State funds may impose their own
29 citizenship requirements and are authorized to provide any
30 benefits and impose any citizenship requirements as are
31 allowed under the Personal Responsibility and Work
32 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
33 (Source: P.A. 90-17, eff. 7-1-97.)
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1 (305 ILCS 5/12-4.34)
2 (Section scheduled to be repealed on August 31, 1998)
3 Sec. 12-4.34. Naturalization and nutrition services to
4 noncitizens.
5 (a) Subject to specific appropriation for this purpose,
6 the Department of Human Services is authorized to provide
7 naturalization services to legal immigrants.
8 (b) Subject to specific appropriation for this purpose,
9 the Department of Human Services is authorized to provide
10 nutrition services to noncitizens who are 65 years of age or
11 older, under 18 years of age, or disabled, and who were in
12 the United States prior to August 22, 1996 and are not
13 eligible for the federal food stamp program due to their
14 noncitizen status. The Department of Human Services is
15 further authorized to provide nutrition services to persons
16 who are protected by an order entered under the Illinois
17 Domestic Violence Act of 1986 and have been approved or have
18 a petition pending which sets forth a prima facie case for
19 status as a spouse or child of a United States citizen under
20 Section 204(a)(1) of the Immigration and Nationality Act,
21 classification as a person lawfully admitted for permanent
22 residence under the Immigration and Nationality Act, or
23 suspension of deportation and adjustment of status under
24 Section 244(a)(3) of the Immigration and Nationality Act.
25 The payment levels and other eligibility conditions for these
26 services shall be determined by rule.
27 The Illinois Department is authorized to lower the
28 payment levels established under this subsection or take such
29 other actions during the fiscal year as are necessary to
30 ensure that payments under this subsection do not exceed the
31 amounts appropriated for this purpose. These changes may be
32 accomplished by emergency rule under Section 5-45 of the
33 Illinois Administrative Procedure Act, except that the
34 limitation on the number of emergency rules that may be
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1 adopted in a 24-month period shall not apply.
2 (c) This Section is repealed on August 31, 1998.
3 (Source: P.A. 90-564, eff. 12-22-97.)
4 Section 99. Effective date. This Act takes effect July
5 1, 1998.