IL
Illinois House Bill HB1104

Illinois 2023-2024 Regular Session

Illinois House Bill HB1104 Compare Versions

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11 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. LRB103 04704 KTG 49713 b A BILL FOR 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. 6-11 305 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. LRB103 04704 KTG 49713 b LRB103 04704 KTG 49713 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1104 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
33 305 ILCS 5/6-11 from Ch. 23, par. 6-11 305 ILCS 5/6-11 from Ch. 23, par. 6-11
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55 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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1111 1 AN ACT concerning public aid.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Public Aid Code is amended by
1515 5 changing Section 6-11 as follows:
1616 6 (305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
1717 7 Sec. 6-11. State funded General Assistance.
1818 8 (a) All State funded General Assistance shall be governed
1919 9 by this Section. Other parts of this Code or other laws related
2020 10 to General Assistance shall remain in effect to the extent
2121 11 they do not conflict with the provisions of this Section. If
2222 12 any other part of this Code or other laws of this State
2323 13 conflict with the provisions of this Section, the provisions
2424 14 of this Section shall control. General assistance programs in
2525 15 local governmental units that do not receive State funds shall
2626 16 continue to be governed by Sections 6-1 through 6-10, as
2727 17 applicable, as well as other relevant parts of this Code and
2828 18 other laws.
2929 19 (b) State funded General Assistance shall consist of 2
3030 20 separate programs. One program shall be for adults with no
3131 21 children and shall be known as State Transitional Assistance.
3232 22 The other program shall be for families with children and for
3333 23 pregnant women and shall be known as State Family and Children
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1104 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3838 305 ILCS 5/6-11 from Ch. 23, par. 6-11 305 ILCS 5/6-11 from Ch. 23, par. 6-11
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4040 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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6868 1 Assistance.
6969 2 (c)(1) To be eligible for State Transitional Assistance,
7070 3 an individual must be ineligible for assistance under Articles
7171 4 III and IV and must be one of the following:
7272 5 (A) age 18 or over; or
7373 6 (B) married and living with a spouse, regardless of
7474 7 age.
7575 8 (2) The Illinois Department or local governmental unit
7676 9 shall determine whether individuals under State Transitional
7777 10 Assistance are chronically needy. Individuals shall be
7878 11 considered chronically needy if they are too impaired to work
7979 12 but do not have a disability that meets the disability level to
8080 13 qualify for Supplemental Security Income or have substantial
8181 14 barriers to being employable. The Illinois Department shall by
8282 15 rule specify the criteria for determining whether an
8383 16 individual is chronically needy. The criteria shall, at a
8484 17 minimum, include the following:
8585 18 (A) The individual has a serious physical or mental
8686 19 disability which significantly restricts an individual
8787 20 from working.
8888 21 (B) The individual is over age 50 and has no high
8989 22 school diploma or high school equivalency certificate and
9090 23 no sustained employment history.
9191 24 (C) The individual is needed to provide care for
9292 25 another person in the household.
9393 26 (D) The individual suffers from an addictive drug or
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104104 1 alcohol abuse problem.
105105 2 (E) The individual is homeless as defined by the
106106 3 Illinois Department in rules.
107107 4 (3) Individuals in State Transitional Assistance who are
108108 5 determined to be chronically needy shall not be determined
109109 6 ineligible for State Transitional Assistance based upon a
110110 7 conviction for any drug-related felony under State or federal
111111 8 law.
112112 9 (4) Subject to federal approval, the State Transitional
113113 10 Assistance provided under this Section shall not be considered
114114 11 income for purposes of determining eligibility or the amount
115115 12 of benefits provided under the Supplemental Nutrition
116116 13 Assistance Program.
117117 14 (5) For individuals in State Transitional Assistance
118118 15 determined not to be chronically needy, State Transitional
119119 16 Assistance shall be available for only 9 months in the fiscal
120120 17 year beginning July 1, 2023 and only 6 months out of any 12
121121 18 consecutive month period beginning July 1, 2024.
122122 19 (6) The Illinois Department shall determine, by rule,
123123 20 those State Transitional Assistance recipients who shall be
124124 21 subject to employment, training, or education programs, the
125125 22 content of those programs, and the penalties for failure to
126126 23 cooperate in those programs.
127127 24 (7) The Illinois Department shall, by rule, establish
128128 25 further eligibility requirements, including, but not limited
129129 26 to, residence, need, and the level of payments.
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140140 1 (d)(1) To be eligible for State Family and Children
141141 2 Assistance, a family unit must be ineligible for assistance
142142 3 under Articles III and IV and must contain a child who is:
143143 4 (A) under age 18; or
144144 5 (B) age 18 and a full-time student in a secondary
145145 6 school or the equivalent level of vocational or technical
146146 7 training, and who may reasonably be expected to complete
147147 8 the program before reaching age 19.
148148 9 Those children shall be eligible for State Family and
149149 10 Children Assistance.
150150 11 (2) The natural or adoptive parents of the child living in
151151 12 the same household may be eligible for State Family and
152152 13 Children Assistance.
153153 14 (3) A pregnant woman whose pregnancy has been verified
154154 15 shall be eligible for income maintenance assistance under the
155155 16 State Family and Children Assistance program.
156156 17 (4) Individuals who otherwise meet the eligibility
157157 18 requirements of this subsection shall not be determined
158158 19 ineligible for State Family and Children Assistance based upon
159159 20 a conviction for any drug-related felony under State or
160160 21 federal law.
161161 22 (5) Subject to federal approval, the State Family and
162162 23 Children Assistance provided under this Section shall not be
163163 24 considered income for purposes of determining eligibility or
164164 25 the amount of benefits provided under the Supplemental
165165 26 Nutrition Assistance Program.
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176176 1 (6) The Illinois Department shall, by rule, establish
177177 2 further eligibility requirements, including, but not limited
178178 3 to, residence, need, and the level of payments.
179179 4 (e) A local governmental unit that chooses to participate
180180 5 in a General Assistance program under this Section shall
181181 6 provide funding in accordance with Section 12-21.3.
182182 7 (f) In order to qualify for State funding under this
183183 8 Section, a local governmental unit shall be subject to the
184184 9 supervision and the rules and regulations of the Illinois
185185 10 Department.
186186 11 (g) Individuals receiving General Assistance who qualify
187187 12 for the State Transitional Assistance program under this
188188 13 Section and are subsequently determined not to be chronically
189189 14 needy shall be eligible for grant assistance for only 9 months
190190 15 in the fiscal year beginning July 1, 2023 and only 6 months out
191191 16 of any 12 consecutive month period beginning July 1, 2024.
192192 17 (a) Effective July 1, 1992, all State funded General
193193 18 Assistance and related medical benefits shall be governed by
194194 19 this Section, provided that, notwithstanding any other
195195 20 provisions of this Code to the contrary, on and after July 1,
196196 21 2012, the State shall not fund the programs outlined in this
197197 22 Section. Other parts of this Code or other laws related to
198198 23 General Assistance shall remain in effect to the extent they
199199 24 do not conflict with the provisions of this Section. If any
200200 25 other part of this Code or other laws of this State conflict
201201 26 with the provisions of this Section, the provisions of this
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212212 1 Section shall control.
213213 2 (b) General Assistance may consist of 2 separate programs.
214214 3 One program shall be for adults with no children and shall be
215215 4 known as Transitional Assistance. The other program may be for
216216 5 families with children and for pregnant women and shall be
217217 6 known as Family and Children Assistance.
218218 7 (c) (1) To be eligible for Transitional Assistance on or
219219 8 after July 1, 1992, an individual must be ineligible for
220220 9 assistance under any other Article of this Code, must be
221221 10 determined chronically needy, and must be one of the
222222 11 following:
223223 12 (A) age 18 or over or
224224 13 (B) married and living with a spouse, regardless of
225225 14 age.
226226 15 (2) The local governmental unit shall determine whether
227227 16 individuals are chronically needy as follows:
228228 17 (A) Individuals who have applied for Supplemental
229229 18 Security Income (SSI) and are awaiting a decision on
230230 19 eligibility for SSI who are determined to be a person with
231231 20 a disability by the Illinois Department using the SSI
232232 21 standard shall be considered chronically needy, except
233233 22 that individuals whose disability is based solely on
234234 23 substance use disorders and whose disability would cease
235235 24 were their addictions to end shall be eligible only for
236236 25 medical assistance and shall not be eligible for cash
237237 26 assistance under the Transitional Assistance program.
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248248 1 (B) (Blank).
249249 2 (C) The unit of local government may specify other
250250 3 categories of individuals as chronically needy; nothing in
251251 4 this Section, however, shall be deemed to require the
252252 5 inclusion of any specific category other than as specified
253253 6 in paragraph (A).
254254 7 (3) For individuals in Transitional Assistance, medical
255255 8 assistance may be provided by the unit of local government in
256256 9 an amount and nature determined by the unit of local
257257 10 government. Nothing in this paragraph (3) shall be construed
258258 11 to require the coverage of any particular medical service. In
259259 12 addition, the amount and nature of medical assistance provided
260260 13 may be different for different categories of individuals
261261 14 determined chronically needy.
262262 15 (4) (Blank).
263263 16 (5) (Blank).
264264 17 (d) (1) To be eligible for Family and Children Assistance,
265265 18 a family unit must be ineligible for assistance under any
266266 19 other Article of this Code and must contain a child who is:
267267 20 (A) under age 18 or
268268 21 (B) age 18 and a full-time student in a secondary
269269 22 school or the equivalent level of vocational or technical
270270 23 training, and who may reasonably be expected to complete
271271 24 the program before reaching age 19.
272272 25 Those children shall be eligible for Family and Children
273273 26 Assistance.
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284284 1 (2) The natural or adoptive parents of the child living in
285285 2 the same household may be eligible for Family and Children
286286 3 Assistance.
287287 4 (3) A pregnant woman whose pregnancy has been verified
288288 5 shall be eligible for income maintenance assistance under the
289289 6 Family and Children Assistance program.
290290 7 (4) The amount and nature of medical assistance provided
291291 8 under the Family and Children Assistance program shall be
292292 9 determined by the unit of local government. The amount and
293293 10 nature of medical assistance provided need not be the same as
294294 11 that provided under paragraph (3) of subsection (c) of this
295295 12 Section, and nothing in this paragraph (4) shall be construed
296296 13 to require the coverage of any particular medical service.
297297 14 (5) (Blank).
298298 15 (e) A local governmental unit that chooses to participate
299299 16 in a General Assistance program under this Section shall
300300 17 provide funding in accordance with Section 12-21.13 of this
301301 18 Act. Local governmental funds used to qualify for State
302302 19 funding may only be expended for clients eligible for
303303 20 assistance under this Section 6-11 and related administrative
304304 21 expenses.
305305 22 (f) (Blank).
306306 23 (g) (Blank).
307307 24 (Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)
308308 25 Section 99. Effective date. This Act takes effect July 1,
309309 26 2023.
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