Bill Text: IL SB1679 | 2019-2020 | 101st General Assembly | Introduced

Bill Title: Amends the Illinois Public Aid Code. Provides that beginning in State fiscal year 2020, the specified income threshold shall be no less than 200% of the then-current federal poverty level for each family size. Effective July 1, 2019.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2019-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB1679 Detail]

Download: Illinois-2019-SB1679-Introduced.html

State of Illinois
2019 and 2020

Introduced 2/15/2019, by Sen. Toi W. Hutchinson

305 ILCS 5/9A-2a new
305 ILCS 5/9A-11 from Ch. 23, par. 9A-11

Amends the Illinois Public Aid Code. Provides that beginning in State fiscal year 2020, the specified income threshold shall be no less than 200% of the then-current federal poverty level for each family size. Effective July 1, 2019.
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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 9A-11 and by adding Section 9A-2a as follows:
6 (305 ILCS 5/9A-2a new)
7 Sec. 9A-2a. Federal poverty level; definition. As used in
8this Article, "federal poverty level" means the poverty
9guidelines updated periodically in the Federal Register by the
10U.S. Department of Health and Human Services under the
11authority of 42 U.S.C. 9902(2).
12 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
13 Sec. 9A-11. Child care.
14 (a) The General Assembly recognizes that families with
15children need child care in order to work. Child care is
16expensive and families with low incomes, including those who
17are transitioning from welfare to work, often struggle to pay
18the costs of day care. The General Assembly understands the
19importance of helping low-income low income working families
20become and remain self-sufficient. The General Assembly also
21believes that it is the responsibility of families to share in
22the costs of child care. It is also the preference of the

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1General Assembly that all working poor families should be
2treated equally, regardless of their welfare status.
3 (b) To the extent resources permit, the Illinois Department
4shall provide child care services to parents or other relatives
5as defined by rule who are working or participating in
6employment or Department approved education or training
7programs. At a minimum, the Illinois Department shall cover the
8following categories of families:
9 (1) recipients of TANF under Article IV participating
10 in work and training activities as specified in the
11 personal plan for employment and self-sufficiency;
12 (2) families transitioning from TANF to work;
13 (3) families at risk of becoming recipients of TANF;
14 (4) families with special needs as defined by rule;
15 (5) working families with very low incomes as defined
16 by rule;
17 (6) families that are not recipients of TANF and that
18 need child care assistance to participate in education and
19 training activities; and
20 (7) families with children under the age of 5 who have
21 an open intact family services case with the Department of
22 Children and Family Services. Any family that receives
23 child care assistance in accordance with this paragraph
24 shall remain eligible for child care assistance 6 months
25 after the child's intact family services case is closed,
26 regardless of whether the child's parents or other

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1 relatives as defined by rule are working or participating
2 in Department approved employment or education or training
3 programs. The Department of Human Services, in
4 consultation with the Department of Children and Family
5 Services, shall adopt rules to protect the privacy of
6 families who are the subject of an open intact family
7 services case when such families enroll in child care
8 services. Additional rules shall be adopted to offer
9 children who have an open intact family services case the
10 opportunity to receive an Early Intervention screening and
11 other services that their families may be eligible for as
12 provided by the Department of Human Services.
13 The Department shall specify by rule the conditions of
14eligibility, the application process, and the types, amounts,
15and duration of services. Eligibility for child care benefits
16and the amount of child care provided may vary based on family
17size, income, and other factors as specified by rule.
18 A family's eligibility for child care services shall be
19redetermined no sooner than 12 months following the initial
20determination or most recent redetermination. During the
2112-month periods, the family shall remain eligible for child
22care services regardless of (i) a change in family income,
23unless family income exceeds 85% of State median income, or
24(ii) a temporary change in the ongoing status of the parents or
25other relatives, as defined by rule, as working or attending a
26job training or educational program.

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1 In determining income eligibility for child care benefits,
2the Department annually, at the beginning of each fiscal year,
3shall establish, by rule, one income threshold for each family
4size, in relation to percentage of State median income for a
5family of that size, that makes families with incomes below the
6specified threshold eligible for assistance and families with
7incomes above the specified threshold ineligible for
8assistance. Through and including fiscal year 2007, the
9specified threshold must be no less than 50% of the
10then-current State median income for each family size.
11Beginning in fiscal year 2008, the specified threshold must be
12no less than 185% of the then-current federal poverty level for
13each family size. Notwithstanding any other provision of law or
14administrative rule to the contrary, beginning in fiscal year
152019, the specified threshold for working families with very
16low incomes as defined by rule must be no less than 185% of the
17then-current federal poverty level for each family size.
18Beginning in State fiscal year 2020, the specified income
19threshold shall be no less than 200% of the then-current
20federal poverty level for each family size.
21 In determining eligibility for assistance, the Department
22shall not give preference to any category of recipients or give
23preference to individuals based on their receipt of benefits
24under this Code.
25 Nothing in this Section shall be construed as conferring
26entitlement status to eligible families.

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1 The Illinois Department is authorized to lower income
2eligibility ceilings, raise parent co-payments, create waiting
3lists, or take such other actions during a fiscal year as are
4necessary to ensure that child care benefits paid under this
5Article do not exceed the amounts appropriated for those child
6care benefits. These changes may be accomplished by emergency
7rule under Section 5-45 of the Illinois Administrative
8Procedure Act, except that the limitation on the number of
9emergency rules that may be adopted in a 24-month period shall
10not apply.
11 The Illinois Department may contract with other State
12agencies or child care organizations for the administration of
13child care services.
14 (c) Payment shall be made for child care that otherwise
15meets the requirements of this Section and applicable standards
16of State and local law and regulation, including any
17requirements the Illinois Department promulgates by rule in
18addition to the licensure requirements promulgated by the
19Department of Children and Family Services and Fire Prevention
20and Safety requirements promulgated by the Office of the State
21Fire Marshal, and is provided in any of the following:
22 (1) a child care center which is licensed or exempt
23 from licensure pursuant to Section 2.09 of the Child Care
24 Act of 1969;
25 (2) a licensed child care home or home exempt from
26 licensing;

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1 (3) a licensed group child care home;
2 (4) other types of child care, including child care
3 provided by relatives or persons living in the same home as
4 the child, as determined by the Illinois Department by
5 rule.
6 (c-5) Solely for the purposes of coverage under the
7Illinois Public Labor Relations Act, child and day care home
8providers, including licensed and license exempt,
9participating in the Department's child care assistance
10program shall be considered to be public employees and the
11State of Illinois shall be considered to be their employer as
12of January 1, 2006 (the effective date of Public Act 94-320)
13this amendatory Act of the 94th General Assembly, but not
14before. The State shall engage in collective bargaining with an
15exclusive representative of child and day care home providers
16participating in the child care assistance program concerning
17their terms and conditions of employment that are within the
18State's control. Nothing in this subsection shall be understood
19to limit the right of families receiving services defined in
20this Section to select child and day care home providers or
21supervise them within the limits of this Section. The State
22shall not be considered to be the employer of child and day
23care home providers for any purposes not specifically provided
24in Public Act 94-320 this amendatory Act of the 94th General
25Assembly, including, but not limited to, purposes of vicarious
26liability in tort and purposes of statutory retirement or

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1health insurance benefits. Child and day care home providers
2shall not be covered by the State Employees Group Insurance Act
3of 1971.
4 In according child and day care home providers and their
5selected representative rights under the Illinois Public Labor
6Relations Act, the State intends that the State action
7exemption to application of federal and State antitrust laws be
8fully available to the extent that their activities are
9authorized by Public Act 94-320 this amendatory Act of the 94th
10General Assembly.
11 (d) The Illinois Department shall establish, by rule, a
12co-payment scale that provides for cost sharing by families
13that receive child care services, including parents whose only
14income is from assistance under this Code. The co-payment shall
15be based on family income and family size and may be based on
16other factors as appropriate. Co-payments may be waived for
17families whose incomes are at or below the federal poverty
19 (d-5) The Illinois Department, in consultation with its
20Child Care and Development Advisory Council, shall develop a
21plan to revise the child care assistance program's co-payment
22scale. The plan shall be completed no later than February 1,
232008, and shall include:
24 (1) findings as to the percentage of income that the
25 average American family spends on child care and the
26 relative amounts that low-income families and the average

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1 American family spend on other necessities of life;
2 (2) recommendations for revising the child care
3 co-payment scale to assure that families receiving child
4 care services from the Department are paying no more than
5 they can reasonably afford;
6 (3) recommendations for revising the child care
7 co-payment scale to provide at-risk children with complete
8 access to Preschool for All and Head Start; and
9 (4) recommendations for changes in child care program
10 policies that affect the affordability of child care.
11 (e) (Blank).
12 (f) The Illinois Department shall, by rule, set rates to be
13paid for the various types of child care. Child care may be
14provided through one of the following methods:
15 (1) arranging the child care through eligible
16 providers by use of purchase of service contracts or
17 vouchers;
18 (2) arranging with other agencies and community
19 volunteer groups for non-reimbursed child care;
20 (3) (blank); or
21 (4) adopting such other arrangements as the Department
22 determines appropriate.
23 (f-1) Within 30 days after June 4, 2018 (the effective date
24of Public Act 100-587) this amendatory Act of the 100th General
25Assembly, the Department of Human Services shall establish
26rates for child care providers that are no less than the rates

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1in effect on January 1, 2018 increased by 4.26%.
2 (f-5) (Blank).
3 (g) Families eligible for assistance under this Section
4shall be given the following options:
5 (1) receiving a child care certificate issued by the
6 Department or a subcontractor of the Department that may be
7 used by the parents as payment for child care and
8 development services only; or
9 (2) if space is available, enrolling the child with a
10 child care provider that has a purchase of service contract
11 with the Department or a subcontractor of the Department
12 for the provision of child care and development services.
13 The Department may identify particular priority
14 populations for whom they may request special
15 consideration by a provider with purchase of service
16 contracts, provided that the providers shall be permitted
17 to maintain a balance of clients in terms of household
18 incomes and families and children with special needs, as
19 defined by rule.
20(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
21100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
228-17-18; revised 10-9-18.)
23 Section 99. Effective date. This Act takes effect July 1,