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Public Act 103-0192
Public Act 0192 103RD GENERAL ASSEMBLY
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Public Act 103-0192
| | HB3424 Enrolled | LRB103 27315 KTG 53686 b |
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| AN ACT concerning public aid.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Township Code is amended by changing | Section 85-13 as follows:
| (60 ILCS 1/85-13)
| Sec. 85-13. Township services, generally.
| (a) The township board may either expend funds directly or | may enter into
any cooperative agreement or contract with any | other governmental entity,
not-for-profit corporation, | non-profit community service association, or any
for-profit | business entity as provided in subsection (b) with respect to | the
expenditure of township funds, or funds made available to | the township under
the federal State and Local Fiscal | Assistance Act of 1972, to provide any of
the following | services to the residents of the township:
| (1) Ordinary and necessary maintenance and operating | expenses for the
following:
| (A) Public safety (including law enforcement, fire | protection, and
building code enforcement).
| (B) Environmental protection (including sewage | disposal, sanitation,
and pollution abatement).
| (C) Public transportation (including transit |
| systems, paratransit
systems, and streets and roads).
| (D) Health, including mental, behavioral, eye, | dental, or other healthcare.
| (E) Recreation.
| (F) Libraries.
| (G) Social services for the poor and aged.
| (2) Ordinary and necessary capital expenditures | authorized by law.
| (3) Development and retention of business, industrial, | manufacturing,
and tourist facilities within the township.
| (b) To be eligible to receive funds from the township | under this Section, a
private not-for-profit corporation or | community service association shall have
been in existence at | least one year before receiving the funds. The township
board | may, however, for the purpose of providing day care services, | contract
with day care facilities licensed under the Child | Care Act of 1969, regardless
of whether the facilities are | organized on a for-profit or not-for-profit
basis.
| (c) Township governments that directly expend or contract | for day care
shall use the standard of need established by the | Department of Children and
Family Services in determining | recipients of subsidized day care and shall use
the rate | schedule used by the Department of Children and Family | Services for
the purchase of subsidized day care. | Notwithstanding the preceding sentence, the township board may | approve the application of a different, publicly available, |
| professional or academically recognized standard of need in | determining eligibility for subsidized day care.
| (d) Township governments that directly expend or contract | for senior
citizen services may contract with for-profit (or | not-for-profit) and
non-sectarian organizations as provided in | Sections 220-15 and 220-35.
| (e) Those township supervisors or other elected township | officials who are
also members of a county board shall not vote | on questions before the township
board or the county board | that relate to agreements or contracts between the
township | and the county under this Section or agreements or contracts | between
the township and the county that are otherwise | authorized by law.
| (f) The township board may enter into direct agreements | with for-profit
corporations or other business entities to | carry out recycling programs in
unincorporated areas of the | township.
| The township board may by ordinance administer a recycling | program or adopt rules and regulations relating to
recycling | programs in unincorporated areas of the township that it from | time to
time deems necessary and may provide penalties for | violations of those rules
and regulations.
| (g) For purposes of alleviating high unemployment, | economically depressed
conditions, and lack of moderately | priced housing, the trustees of a
township that includes all | or a portion of a city that is a "financially
distressed city" |
| under the Financially Distressed City Law may contract with
| one or more not-for-profit or for-profit organizations to | construct and operate
within the boundaries of the township a | factory designed to manufacture housing
or housing components. | The contract may provide for the private organization or
| organizations to manage some or all operations of the factory | and may provide
for (i) payment of employee compensation and | taxes; (ii) discharge of other
legal responsibilities; (iii) | sale of products; (iv) disposition of the
factory, equipment, | and other property; and (v) any other matters the township
| trustees consider reasonable.
| (Source: P.A. 95-119, eff. 8-13-07.)
| Section 10. The Illinois Public Aid Code is amended by | changing Sections 1-10, 6-9, and 6-12 and by adding Section | 6-11a as follows:
| (305 ILCS 5/1-10)
| Sec. 1-10. Drug convictions.
| (a) Persons convicted of an offense under the Illinois | Controlled Substances
Act, the Cannabis Control Act, or the | Methamphetamine Control and Community Protection Act which is | a Class X felony, or a Class 1 felony,
or comparable federal | criminal law which has as an element the
possession, use, or | distribution of a controlled substance, as defined in
Section | 102(6) of the federal Controlled Substances Act (21 U.S.C. |
| 802(c)),
shall not be eligible for cash assistance provided | under this Code.
| (b) Persons convicted of
any other felony under the | Illinois Controlled Substances Act, the Cannabis
Control Act, | or the Methamphetamine Control and Community Protection Act | which is not a Class X or Class 1 felony, or comparable
federal | criminal law which has as an element the possession, use, or
| distribution of a
controlled substance, as defined in Section | 102(6) of the federal Controlled
Substances Act (21 U.S.C. | 802(c)), shall not be eligible for cash assistance
provided | under this Code for 2 years from the date of conviction. This
| prohibition shall not apply if the person is in a drug | treatment program,
aftercare program, or similar program as | defined by rule.
| (c) Persons shall not be determined ineligible for food | stamps provided
under this Code based upon a conviction of any | felony or comparable federal or
State criminal law which has | an element the possession, use or distribution of
a controlled | substance, as defined in Section 102(6) of the federal | Controlled Substances
Act (21 U.S.C. 802(c)).
| (d) Notwithstanding any other provision of this Section to | the contrary, persons shall not be determined ineligible for | cash assistance provided under Article IV or Article VI of | this Code based upon a conviction for any drug-related felony | under State or federal law. | (Source: P.A. 102-178, eff. 10-30-21.)
|
| (305 ILCS 5/6-9) (from Ch. 23, par. 6-9)
| Sec. 6-9.
(a) (1) A local governmental unit may provide | assistance to
households under its General Assistance program | following a declaration by
the President of the United States | of a major disaster or emergency
pursuant to the Federal | Disaster Relief Act of 1974, as now or hereafter
amended, if | the local governmental unit is within the area designated | under
the declaration. A local government unit may also | provide assistance to households under its General Assistance | program following a disaster proclamation issued by the | Governor if the local governmental unit is within the area | designated under the proclamation. Assistance under this | Section may be provided to
households which have suffered | damage, loss or hardships as a result of the
major disaster or | emergency. Assistance under this Section may be provided
to | households without regard to the eligibility requirements and | other
requirements of this Code. Assistance under this Section | may be provided
only during the 90-day period following the | date of declaration of a major
disaster or emergency.
| (2) A local governmental unit
shall not use State funds to | provide assistance under this Section. If a local
governmental | unit receives State funds to provide General Assistance under | this
Article, assistance provided by the local governmental | unit under this
Section shall not be considered in determining | whether a local governmental
unit has qualified to receive |
| State funds under Article XII.
A local governmental unit which | provides assistance under this
Section shall not, as a result | of payment of such assistance, change the
nature or amount of | assistance provided to any other individual or family
under | this Article.
| (3) This Section shall not apply to any municipality of | more than 500,000
population in which a separate program has | been established by the Illinois
Department under Section 6-1.
| (b) (1) A local governmental unit may provide assistance | to households
for food and temporary shelter. To qualify for | assistance a household
shall submit to the local governmental | unit: (A) such application as the
local governmental unit may | require; (B) a copy of an application to the
Federal Emergency | Management Agency (hereinafter "FEMA") or the Small
Business | Administration (hereinafter "SBA") for assistance; (C) such | other
proof of damage, loss or hardship as the local | governmental unit may
require; and (D) an agreement to | reimburse the local governmental unit for
the amount of any | assistance received by the household under this subsection | (b).
| (2) Assistance under this subsection (b) may be in the | form of cash or
vouchers. The amount of assistance provided to | a household in any month
under this subsection (b) shall not | exceed the maximum amount payable under Section 6-2.
| (3) No assistance shall be provided to a household after | it receives a
determination of its application to FEMA or SBA |
| for assistance.
| (4) A household which has received assistance under this | subsection (b)
shall reimburse the local governmental unit in | full for any assistance
received under this subsection. If the | household receives
assistance from FEMA or SBA in the form of | loans or grants, the household
shall reimburse the local | governmental unit from those funds. If the
household's request | for assistance is denied or rejected by the FEMA or
SBA, the | household shall repay the local governmental unit in | accordance with a
repayment schedule prescribed by the local | governmental unit.
| (c) (1) A local governmental unit may provide assistance | to households
for structural repairs to homes or for repair or | replacement of home electrical
or heating systems, bedding and | food refrigeration equipment. To qualify
for assistance a | household shall submit to the local governmental unit:
| (A) such application as the local governmental unit may | require; (B) a
copy of claim to an insurance company for | reimbursement for the damage or
loss for which assistance is | sought; (C) such other proof of damage, loss
or hardship as the | local governmental unit may require; and (D) an
agreement to | reimburse the local governmental unit for the amount of any
| assistance received by the household under this subsection | (c).
| (2) Any assistance provided under this subsection (c) | shall be in the
form of direct payments to vendors, and shall |
| not be made directly to a
household. The total amount of | assistance provided to a household under
this subsection (c) | shall not exceed $1,500.
| (3) No assistance shall be provided to a household after | it receives a
determination of its insurance claims.
| (4) A household which has received assistance under this | subsection (c)
shall reimburse the local governmental unit in | full for any assistance
received under this subsection. If the | household's insurance claim is
approved, the household shall | reimburse the local governmental unit from
the proceeds. If | the household's insurance claim is denied, the household
shall | repay the local governmental unit in accordance with a | repayment
schedule prescribed by the local governmental unit.
| (Source: P.A. 85-1233.)
| (305 ILCS 5/6-11a new) | Sec. 6-11a. Townships. A local governmental unit may | provide assistance under its General Assistance program under | a service that complies with Section 85-13 of the Township | Code. Before a local governmental unit provides assistance | under this Section, the board of the local governmental unit | shall adopt a policy providing which services are eligible | under Section 85-13 of the Township Code for General | Assistance.
| (305 ILCS 5/6-12) (from Ch. 23, par. 6-12)
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| Sec. 6-12. General Assistance not funded by State. General | Assistance
programs in local governments that do not receive | State funds shall
continue to be governed by Sections 6-1 | through 6-10, as applicable, as
well as other relevant parts | of this Code and other laws. However,
notwithstanding any | other provision of this Code, any unit of local
government | that does not receive State funds may implement a General
| Assistance program that complies with Section 6-11 and 6-11a. | So long as the that
program complies with either Section 6-11 | or 6-12, the program shall not
be deemed out of compliance with | or in violation of this Code.
| (Source: P.A. 87-860.)
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Effective Date: 1/1/2024
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