Public Act 094-0524
 		





SB0232 Enrolled
LRB094 06043 DRJ 36103 b






    AN ACT in relation to public health. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Illinois Public Aid Code is amended by 
changing Section 11-8
as follows:


 



    (305 ILCS 5/11-8)  (from Ch. 23, par. 11-8)


    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

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.

    If an appeal is not made, the action of the County 
Department or
local governmental unit shall be final.

    Appeals by applicants or recipients under Articles III, IV, 
or V
shall be taken to the Illinois Department.

    Appeals by applicants or recipients under Article VI shall 
be taken
as follows:


        (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.


        (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superseded civil townships in respect to aid under 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

    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

    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

    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

    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

    service on the Committee.


        (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.


        (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.

    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

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.

    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

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 
respective townships.  In all other counties the
members of the 
Public Aid Committee shall receive the compensation and

expenses provided by law for attendance at meetings of the 
County Board.

    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.

    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.

    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

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

provisions of Sections 11-8.1 to 11-8.7, inclusive, shall apply 
to all
such appeals.

(Source: P.A. 92-111, eff. 1-1-02; 93-295, eff. 7-22-03.)



 
    Section 99. Effective date. This Act takes effect upon 
becoming law.