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Public Act 094-0524
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| SB0232 Enrolled |
LRB094 06043 DRJ 36103 b |
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AN ACT in relation to public health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 11-8
as follows:
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(305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
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Sec. 11-8. Appeals - to whom taken. Applicants or |
recipients of aid
may, at any time within 60 days after the |
decision of the County
Department or local governmental unit, |
as the case may be, appeal a
decision denying or terminating |
aid, or granting aid in an amount which
is deemed inadequate, |
or changing, cancelling, revoking or suspending
grants as |
provided in Section 11-16, or determining to make a protective
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payment under the provisions of Sections 3-5a or 4-9, or a |
decision by an
administrative review board to impose |
administrative safeguards as provided
in Section 8A-8. An |
appeal shall also lie when an application is not acted
upon |
within the time period after filing of the application as |
provided by rule
of the Illinois Department.
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If an appeal is not made, the action of the County |
Department or
local governmental unit shall be final.
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Appeals by applicants or recipients under Articles III, IV, |
or V
shall be taken to the Illinois Department.
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Appeals by applicants or recipients under Article VI shall |
be taken
as follows:
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(1) In counties under township organization (except |
such counties in
which the governing authority is a Board |
of Commissioners) appeals shall
be to a Public Aid |
Committee consisting of the Chairman of the County
Board, |
and 4 members who are township supervisors of general |
assistance,
appointed by the Chairman, with the advice and |
consent of the county board.
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(2) In counties in excess of 3,000,000 population and |
under township
organization in which the governing |
authority is a Board of
Commissioners, appeals of persons |
from government units outside the
corporate limits of a |
city, village or incorporated town of more than
500,000 |
population, and of persons from incorporated towns which |
have
superseded civil townships in respect to aid under |
Article VI, shall be
to the Cook County Townships Public |
Aid Committee consisting of 2
township supervisors and 3
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persons knowledgeable in the area of General Assistance and |
the regulations
of the Illinois Department pertaining |
thereto and who are not officers,
agents or employees of |
any township, except that township supervisors may
serve as |
members of the Cook County Township Public Aid and |
Committee. The 5
member committee shall be
appointed by the |
township supervisors. The first appointments shall be made
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with one person serving a one year term, 2 persons serving |
a 2 year term,
and 2 persons serving a 3 year term. |
Committee members shall thereafter
serve 3 year terms. In |
any appeal involving a local governmental unit whose
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supervisor of general assistance is a member of the |
Committee, such
supervisor shall not act as a member of the |
Committee for the purposes of
such appeal, and the |
Committee shall select another township supervisor to
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serve as an alternate
member for that appeal.
The township |
whose action, inaction, or decision is being
appealed shall |
bear the expenses related to the appeal as determined by |
the
Cook County Townships Public Aid Committee. A township |
supervisor's
compensation for general assistance or |
township related duties shall not be
considered an expense |
related to the appeal except for expenses related to
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service on the Committee.
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(3) In counties described in paragraph (2) appeals of |
persons from
a city, village or incorporated town of more |
than 500,000 population
shall be to the Illinois |
Department.
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(4) In counties not under township organization, |
appeals shall be to
the County Board of Commissioners which |
shall for this purpose be the
Public Aid Committee of the |
County.
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In counties designated in paragraph (1) the Chairman or |
President of
the County Board shall appoint, with the advice |
and consent of the
county board, one or more alternate members |
of the Public Aid Committee.
All regular and alternate members |
shall be Supervisors of General
Assistance. In any appeal |
involving a local governmental unit whose
Supervisor of General |
Assistance is a member of the Committee, he shall
be replaced |
for that appeal by an alternate member designated by the
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Chairman or President of the County Board, with the advice and |
consent
of the county board. In these counties not more than 3 |
of the 5 regular
appointees shall be members of the same |
political party unless the
political composition of the |
Supervisors of the General Assistance
precludes such a |
limitation. In these counties at least one member of the
Public |
Aid Committee shall be a person knowledgeable in the area of |
general
assistance and the regulations of the Illinois |
Department pertaining
thereto. If no member of the Committee |
possesses such knowledge, the
Illinois Department shall |
designate an employee of the Illinois Department
having such |
knowledge to be present at the Committee hearings to advise
the |
Committee.
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In every county the County Board shall provide facilities |
for the
conduct of hearings on appeals under Article VI. All |
expenses incident
to such hearings shall be borne by the county |
except that in counties
under township organization in which |
the governing authority is a Board
of Commissioners (1) the |
salary and other expenses of the Commissioner
of Appeals shall |
be paid from General Assistance funds available for
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administrative purposes, and (2) all expenses incident to such |
hearings
shall be borne by the township and the per diem and |
traveling expenses
of the township supervisors serving on the |
Public Aid Committee shall be
fixed and paid by their |
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respective townships. In all other counties the
members of the |
Public Aid Committee shall receive the compensation and
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expenses provided by law for attendance at meetings of the |
County Board.
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In appeals under Article VI involving a governmental unit |
receiving
State funds, the Public Aid Committee and the |
Commissioner of Appeals
shall be bound by the rules and |
regulations of the Illinois Department
which are relevant to |
the issues on appeal, and shall file such reports
concerning |
appeals as the Illinois Department requests.
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The members of each Public Aid Committee and the members of |
the Cook
County Townships Public Aid Committee are immune from |
personal liability in connection with their service on the |
committee to the same extent as an elected or appointed judge |
in this State is immune from personal liability in connection |
with the performance of his or her duties as judge. This |
immunity applies only to causes of action accruing on or after |
the effective date of this amendatory Act of the 94th General |
Assembly.
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An appeal shall be without cost to the appellant and shall |
be made, at
the option of the appellant, either upon forms |
provided and prescribed by
the Illinois Department or, for |
appeals to a Public Aid Committee, upon
forms prescribed by the |
County Board; or an appeal may be made by calling a
toll-free |
number provided for that purpose by the Illinois Department and
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providing the necessary information. The Illinois Department |
may assist
County Boards or a Commissioner of Appeals in the |
preparation of appeal
forms, or upon request of a County Board |
or Commissioner of Appeals may
furnish such forms. County |
Departments and local governmental units shall
render all |
possible aid to persons desiring to make an appeal. The
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provisions of Sections 11-8.1 to 11-8.7, inclusive, shall apply |
to all
such appeals.
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(Source: P.A. 92-111, eff. 1-1-02; 93-295, eff. 7-22-03.)
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Section 99. Effective date. This Act takes effect upon |