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91_SB0680ham003
LRB9101971DJcdam01
1 AMENDMENT TO SENATE BILL 680
2 AMENDMENT NO. . Amend Senate Bill 680, AS AMENDED,
3 as follows:
4 by replacing the title with the following:
5 "AN ACT to amend the Illinois Public Aid Code by changing
6 Sections 1-11, 4-1.12, 12-4.11, and 12-4.34, by adding
7 Sections 1-12, 9A-14, and 12-4.17a, and by repealing Section
8 4-22."; and
9 in the introductory clause of Section 5, by replacing
10 "Sections 4-1.12 and 12-4.11" with "Sections 1-11, 4-1.12,
11 12-4.11, and 12-4.34"; and
12 in Section 5, between the last line of the introductory
13 clause and the first line of Sec. 1-12, by inserting the
14 following:
15 "(305 ILCS 5/1-11)
16 Sec. 1-11. Citizenship. To the extent not otherwise
17 provided in this Code or federal law, all clients who receive
18 cash or medical assistance under Article III, IV, V, or VI of
19 this Code must meet the citizenship requirements as
20 established in this Section. To be eligible for assistance an
21 individual, who is otherwise eligible, must be either a
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1 United States citizen or included in one of the following
2 categories of non-citizens:
3 (1) United States veterans honorably discharged and
4 persons on active military duty, and the spouse and
5 unmarried dependent children of these persons;
6 (2) Refugees under Section 207 of the Immigration
7 and Nationality Act;
8 (3) Asylees under Section 208 of the Immigration
9 and Nationality Act;
10 (4) Persons for whom deportation has been withheld
11 under Section 243(h) of the Immigration and Nationality
12 Act;
13 (5) Persons granted conditional entry under Section
14 203(a)(7) of the Immigration and Nationality Act as in
15 effect prior to April 1, 1980;
16 (6) Persons lawfully admitted for permanent
17 residence under the Immigration and Nationality Act; and
18 (7) Parolees, for at least one year, under Section
19 212(d)(5) of the Immigration and Nationality Act;
20 (8) American Indians born in Canada under Section 289 of
21 the Immigration and Nationality Act and members of an Indian
22 tribe as defined in Section 4(e) of the Indian
23 Self-Determination and Education Assistance Act;
24 (9) Nationals of Cuba or Haiti admitted on or after
25 April 21, 1980;
26 (10) Amerasians from Vietnam, and their close family
27 members, admitted through the Orderly Departure Program
28 beginning on March 20, 1988;
29 (11) Persons lawfully residing in the United States who
30 were members of a Hmong or Highland Laotian tribe between
31 August 5, 1965 and May 7, 1975, and the spouse, widow or
32 widower who has not remarried, and unmarried dependent
33 children of these persons; and
34 (12) Persons who are or were the spouse, widow, or child
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1 of a United States citizen or are or were the spouse or child
2 of a legal permanent resident, who have been abused by the
3 United States citizen, legal permanent resident, or a member
4 of that relative's family that lived with them, who need
5 assistance at least in part due to the abuse, and who are
6 living separately from the abuser or will be living
7 separately from the abuser before they receive assistance,
8 and the children and parents of these persons if they did not
9 participate in the abuse.
10 Those persons who are in the categories set forth in
11 subdivisions 6 and 7 of this Section, who enter the United
12 States on or after August 22, 1996, shall not be eligible for
13 5 years beginning on the date the person entered the United
14 States.
15 The Illinois Department may, by rule, cover prenatal care
16 or emergency medical care for non-citizens who are not
17 otherwise eligible under this Section. Local governmental
18 units which do not receive State funds may impose their own
19 citizenship requirements and are authorized to provide any
20 benefits and impose any citizenship requirements as are
21 allowed under the Personal Responsibility and Work
22 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
23 (Source: P.A. 90-17, eff. 7-1-97.)"; and
24 between the last line of Sec. 12-4.17a in Section 5 and the
25 first line of the introductory clause of Section 10, by
26 inserting the following:
27 "(305 ILCS 5/12-4.34)
28 (Section scheduled to be repealed on August 31, 1999)
29 Sec. 12-4.34. Services to noncitizens.
30 (a) Subject to specific appropriation for this purpose
31 and notwithstanding Sections 1-11 and 3-1 of this Code, the
32 Department of Human Services is authorized to provide
33 services to legal immigrants, including but not limited to
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1 naturalization and nutrition services and financial
2 assistance. The nature of these services, payment levels,
3 and eligibility conditions shall be determined by rule.
4 (b) The Illinois Department is authorized to lower the
5 payment levels established under this subsection or take such
6 other actions during the fiscal year as are necessary to
7 ensure that payments under this subsection do not exceed the
8 amounts appropriated for this purpose. These changes may be
9 accomplished by emergency rule under Section 5-45 of the
10 Illinois Administrative Procedure Act, except that the
11 limitation on the number of emergency rules that may be
12 adopted in a 24-month period shall not apply.
13 (c) This Section is repealed on August 31, 1999.
14 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)".