Bill Text: IL HB1104 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Public Aid Code. Reinstitutes State funded General Assistance to provide a program for adults with no children to be known as State Transitional Assistance and a program for families with children and for pregnant women to be known as State Family and Children Assistance. Sets forth eligibility requirements for State Transitional Assistance including that an individual must be ineligible for Aid to the Aged, Blind, or Disabled (AABD) benefits and Temporary Assistance for Needy Families (TANF) benefits and must be age 18 or over or married and living with a spouse, regardless of age. Provides that persons who are too impaired to work but do not have a disability that meets the disability level to qualify for Supplemental Security Income or have substantial barriers to being employable shall be considered chronically needy and eligible for State Transitional Assistance. Sets forth other criteria for determining whether an individual is chronically needy. Sets forth the eligibility requirements under the State Family and Children Assistance program including that a family unit must be ineligible for AABD and TANF and must contain a child under the age of 18 or a child age 18 who is a full-time student. Provides that a conviction for a drug-related felony shall not disqualify an applicant for assistance under either program and that, subject to federal approval, the assistance amount provided under either program shall not be considered income for purposes of determining eligibility under the Supplemental Nutrition Assistance Program. Effective July 1, 2023.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-19 - Rule 19(a) / Re-referred to Rules Committee [HB1104 Detail]

Download: Illinois-2023-HB1104-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1104

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
305 ILCS 5/6-11 from Ch. 23, par. 6-11

Amends the Illinois Public Aid Code. Reinstitutes State funded General Assistance to provide a program for adults with no children to be known as State Transitional Assistance and a program for families with children and for pregnant women to be known as State Family and Children Assistance. Sets forth eligibility requirements for State Transitional Assistance including that an individual must be ineligible for Aid to the Aged, Blind, or Disabled (AABD) benefits and Temporary Assistance for Needy Families (TANF) benefits and must be age 18 or over or married and living with a spouse, regardless of age. Provides that persons who are too impaired to work but do not have a disability that meets the disability level to qualify for Supplemental Security Income or have substantial barriers to being employable shall be considered chronically needy and eligible for State Transitional Assistance. Sets forth other criteria for determining whether an individual is chronically needy. Sets forth the eligibility requirements under the State Family and Children Assistance program including that a family unit must be ineligible for AABD and TANF and must contain a child under the age of 18 or a child age 18 who is a full-time student. Provides that a conviction for a drug-related felony shall not disqualify an applicant for assistance under either program and that, subject to federal approval, the assistance amount provided under either program shall not be considered income for purposes of determining eligibility under the Supplemental Nutrition Assistance Program. Effective July 1, 2023.
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A BILL FOR

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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5changing Section 6-11 as follows:
6 (305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
7 Sec. 6-11. State funded General Assistance.
8 (a) All State funded General Assistance shall be governed
9by this Section. Other parts of this Code or other laws related
10to General Assistance shall remain in effect to the extent
11they do not conflict with the provisions of this Section. If
12any other part of this Code or other laws of this State
13conflict with the provisions of this Section, the provisions
14of this Section shall control. General assistance programs in
15local governmental units that do not receive State funds shall
16continue to be governed by Sections 6-1 through 6-10, as
17applicable, as well as other relevant parts of this Code and
18other laws.
19 (b) State funded General Assistance shall consist of 2
20separate programs. One program shall be for adults with no
21children and shall be known as State Transitional Assistance.
22The other program shall be for families with children and for
23pregnant women and shall be known as State Family and Children

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1Assistance.
2 (c)(1) To be eligible for State Transitional Assistance,
3an individual must be ineligible for assistance under Articles
4III and IV and must be one of the following:
5 (A) age 18 or over; or
6 (B) married and living with a spouse, regardless of
7 age.
8 (2) The Illinois Department or local governmental unit
9shall determine whether individuals under State Transitional
10Assistance are chronically needy. Individuals shall be
11considered chronically needy if they are too impaired to work
12but do not have a disability that meets the disability level to
13qualify for Supplemental Security Income or have substantial
14barriers to being employable. The Illinois Department shall by
15rule specify the criteria for determining whether an
16individual is chronically needy. The criteria shall, at a
17minimum, include the following:
18 (A) The individual has a serious physical or mental
19 disability which significantly restricts an individual
20 from working.
21 (B) The individual is over age 50 and has no high
22 school diploma or high school equivalency certificate and
23 no sustained employment history.
24 (C) The individual is needed to provide care for
25 another person in the household.
26 (D) The individual suffers from an addictive drug or

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1 alcohol abuse problem.
2 (E) The individual is homeless as defined by the
3 Illinois Department in rules.
4 (3) Individuals in State Transitional Assistance who are
5determined to be chronically needy shall not be determined
6ineligible for State Transitional Assistance based upon a
7conviction for any drug-related felony under State or federal
8law.
9 (4) Subject to federal approval, the State Transitional
10Assistance provided under this Section shall not be considered
11income for purposes of determining eligibility or the amount
12of benefits provided under the Supplemental Nutrition
13Assistance Program.
14 (5) For individuals in State Transitional Assistance
15determined not to be chronically needy, State Transitional
16Assistance shall be available for only 9 months in the fiscal
17year beginning July 1, 2023 and only 6 months out of any 12
18consecutive month period beginning July 1, 2024.
19 (6) The Illinois Department shall determine, by rule,
20those State Transitional Assistance recipients who shall be
21subject to employment, training, or education programs, the
22content of those programs, and the penalties for failure to
23cooperate in those programs.
24 (7) The Illinois Department shall, by rule, establish
25further eligibility requirements, including, but not limited
26to, residence, need, and the level of payments.

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1 (d)(1) To be eligible for State Family and Children
2Assistance, a family unit must be ineligible for assistance
3under Articles III and IV and must contain a child who is:
4 (A) under age 18; or
5 (B) age 18 and a full-time student in a secondary
6 school or the equivalent level of vocational or technical
7 training, and who may reasonably be expected to complete
8 the program before reaching age 19.
9 Those children shall be eligible for State Family and
10Children Assistance.
11 (2) The natural or adoptive parents of the child living in
12the same household may be eligible for State Family and
13Children Assistance.
14 (3) A pregnant woman whose pregnancy has been verified
15shall be eligible for income maintenance assistance under the
16State Family and Children Assistance program.
17 (4) Individuals who otherwise meet the eligibility
18requirements of this subsection shall not be determined
19ineligible for State Family and Children Assistance based upon
20a conviction for any drug-related felony under State or
21federal law.
22 (5) Subject to federal approval, the State Family and
23Children Assistance provided under this Section shall not be
24considered income for purposes of determining eligibility or
25the amount of benefits provided under the Supplemental
26Nutrition Assistance Program.

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1 (6) The Illinois Department shall, by rule, establish
2further eligibility requirements, including, but not limited
3to, residence, need, and the level of payments.
4 (e) A local governmental unit that chooses to participate
5in a General Assistance program under this Section shall
6provide funding in accordance with Section 12-21.3.
7 (f) In order to qualify for State funding under this
8Section, a local governmental unit shall be subject to the
9supervision and the rules and regulations of the Illinois
10Department.
11 (g) Individuals receiving General Assistance who qualify
12for the State Transitional Assistance program under this
13Section and are subsequently determined not to be chronically
14needy shall be eligible for grant assistance for only 9 months
15in the fiscal year beginning July 1, 2023 and only 6 months out
16of any 12 consecutive month period beginning July 1, 2024.
17 (a) Effective July 1, 1992, all State funded General
18Assistance and related medical benefits shall be governed by
19this Section, provided that, notwithstanding any other
20provisions of this Code to the contrary, on and after July 1,
212012, the State shall not fund the programs outlined in this
22Section. Other parts of this Code or other laws related to
23General Assistance shall remain in effect to the extent they
24do not conflict with the provisions of this Section. If any
25other part of this Code or other laws of this State conflict
26with the provisions of this Section, the provisions of this

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1Section shall control.
2 (b) General Assistance may consist of 2 separate programs.
3One program shall be for adults with no children and shall be
4known as Transitional Assistance. The other program may be for
5families with children and for pregnant women and shall be
6known as Family and Children Assistance.
7 (c) (1) To be eligible for Transitional Assistance on or
8after July 1, 1992, an individual must be ineligible for
9assistance under any other Article of this Code, must be
10determined chronically needy, and must be one of the
11following:
12 (A) age 18 or over or
13 (B) married and living with a spouse, regardless of
14 age.
15 (2) The local governmental unit shall determine whether
16individuals are chronically needy as follows:
17 (A) Individuals who have applied for Supplemental
18 Security Income (SSI) and are awaiting a decision on
19 eligibility for SSI who are determined to be a person with
20 a disability by the Illinois Department using the SSI
21 standard shall be considered chronically needy, except
22 that individuals whose disability is based solely on
23 substance use disorders and whose disability would cease
24 were their addictions to end shall be eligible only for
25 medical assistance and shall not be eligible for cash
26 assistance under the Transitional Assistance program.

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1 (B) (Blank).
2 (C) The unit of local government may specify other
3 categories of individuals as chronically needy; nothing in
4 this Section, however, shall be deemed to require the
5 inclusion of any specific category other than as specified
6 in paragraph (A).
7 (3) For individuals in Transitional Assistance, medical
8assistance may be provided by the unit of local government in
9an amount and nature determined by the unit of local
10government. Nothing in this paragraph (3) shall be construed
11to require the coverage of any particular medical service. In
12addition, the amount and nature of medical assistance provided
13may be different for different categories of individuals
14determined chronically needy.
15 (4) (Blank).
16 (5) (Blank).
17 (d) (1) To be eligible for Family and Children Assistance,
18a family unit must be ineligible for assistance under any
19other Article of this Code and must contain a child who is:
20 (A) under age 18 or
21 (B) age 18 and a full-time student in a secondary
22 school or the equivalent level of vocational or technical
23 training, and who may reasonably be expected to complete
24 the program before reaching age 19.
25 Those children shall be eligible for Family and Children
26Assistance.

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1 (2) The natural or adoptive parents of the child living in
2the same household may be eligible for Family and Children
3Assistance.
4 (3) A pregnant woman whose pregnancy has been verified
5shall be eligible for income maintenance assistance under the
6Family and Children Assistance program.
7 (4) The amount and nature of medical assistance provided
8under the Family and Children Assistance program shall be
9determined by the unit of local government. The amount and
10nature of medical assistance provided need not be the same as
11that provided under paragraph (3) of subsection (c) of this
12Section, and nothing in this paragraph (4) shall be construed
13to require the coverage of any particular medical service.
14 (5) (Blank).
15 (e) A local governmental unit that chooses to participate
16in a General Assistance program under this Section shall
17provide funding in accordance with Section 12-21.13 of this
18Act. Local governmental funds used to qualify for State
19funding may only be expended for clients eligible for
20assistance under this Section 6-11 and related administrative
21expenses.
22 (f) (Blank).
23 (g) (Blank).
24(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)
25 Section 99. Effective date. This Act takes effect July 1,
262023.
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