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91_HB2206
LRB9102068SMdv
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Sections 1-11 and 12-4.34.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Sections 1-11 and 12-4.34 as follows:
7 (305 ILCS 5/1-11)
8 Sec. 1-11. Citizenship. To the extent not otherwise
9 provided in this Code or federal law, all clients who receive
10 cash or medical assistance under Article III, IV, V, or VI of
11 this Code must meet the citizenship requirements as
12 established in this Section. To be eligible for assistance an
13 individual, who is otherwise eligible, must be either a
14 United States citizen or included in one of the following
15 categories of non-citizens:
16 (1) United States veterans honorably discharged and
17 persons on active military duty, and the spouse and
18 unmarried dependent children of these persons;
19 (2) Refugees under Section 207 of the Immigration
20 and Nationality Act;
21 (3) Asylees under Section 208 of the Immigration
22 and Nationality Act;
23 (4) Persons for whom deportation has been withheld
24 under Section 243(h) of the Immigration and Nationality
25 Act;
26 (5) Persons granted conditional entry under Section
27 203(a)(7) of the Immigration and Nationality Act as in
28 effect prior to April 1, 1980;
29 (6) Persons lawfully admitted for permanent
30 residence under the Immigration and Nationality Act; and
31 (7) Parolees, for at least one year, under Section
-2- LRB9102068SMdv
1 212(d)(5) of the Immigration and Nationality Act;
2 (8) American Indians born in Canada under Section 289 of
3 the Immigration and Nationality Act and members of an Indian
4 tribe as defined in Section 4(e) of the Indian
5 Self-Determination and Education Assistance Act;
6 (9) Nationals of Cuba or Haiti admitted on or after
7 April 21, 1980;
8 (10) Amerasians from Vietnam, and their close family
9 members, admitted through the Orderly Departure Program
10 beginning on March 20, 1988;
11 (11) Persons lawfully residing in the United States who
12 were members of a Hmong or Highland Laotian tribe between
13 August 5, 1965 and May 7, 1975, and the spouse, widow or
14 widower who has not remarried, and unmarried dependent
15 children of these persons; and
16 (12) Persons who are or were the spouse, widow, or child
17 of a United States citizen or are or were the spouse or child
18 of a legal permanent resident, who have been abused by the
19 United States citizen, legal permanent resident, or a member
20 of that relative's family that lived with them, who need
21 assistance at least in part due to the abuse, and who are
22 living separately from the abuser or will be living
23 separately from the abuser before they receive assistance,
24 and the children and parents of these persons if they did not
25 participate in the abuse.
26 Those persons who are in the categories set forth in
27 subdivisions 6 and 7 of this Section, who enter the United
28 States on or after August 22, 1996, shall not be eligible for
29 5 years beginning on the date the person entered the United
30 States.
31 The Illinois Department may, by rule, cover prenatal care
32 or emergency medical care for non-citizens who are not
33 otherwise eligible under this Section. Local governmental
34 units which do not receive State funds may impose their own
-3- LRB9102068SMdv
1 citizenship requirements and are authorized to provide any
2 benefits and impose any citizenship requirements as are
3 allowed under the Personal Responsibility and Work
4 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
5 (Source: P.A. 90-17, eff. 7-1-97.)
6 (305 ILCS 5/12-4.34)
7 (Section scheduled to be repealed on August 31, 1999)
8 Sec. 12-4.34. Services to noncitizens.
9 (a) Subject to specific appropriation for this purpose
10 and notwithstanding Sections 1-11 and 3-1 of this Code, the
11 Department of Human Services is authorized to provide
12 services to legal immigrants, including but not limited to
13 naturalization and nutrition services and financial
14 assistance. The nature of these services, payment levels,
15 and eligibility conditions shall be determined by rule.
16 (b) The Illinois Department is authorized to lower the
17 payment levels established under this subsection or take such
18 other actions during the fiscal year as are necessary to
19 ensure that payments under this subsection do not exceed the
20 amounts appropriated for this purpose. These changes may be
21 accomplished by emergency rule under Section 5-45 of the
22 Illinois Administrative Procedure Act, except that the
23 limitation on the number of emergency rules that may be
24 adopted in a 24-month period shall not apply.
25 (c) This Section is repealed on August 31, 1999.
26 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.