Bill Text: IL HB1104 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-19 - Rule 19(a) / Re-referred to Rules Committee [HB1104 Detail]

Download: Illinois-2023-HB1104-Introduced.html

---

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
HB1104 LRB103 04704 KTG 49713 b
AN ACT concerning public aid.
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 6-11 as follows:
(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
Sec. 6-11. State funded General Assistance.
(a) All State funded General Assistance shall be governed
by this Section. Other parts of this Code or other laws related
to General Assistance shall remain in effect to the extent
they do not conflict with the provisions of this Section. If
any other part of this Code or other laws of this State
conflict with the provisions of this Section, the provisions
of this Section shall control. General assistance programs in
local governmental units 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.
(b) State funded General Assistance shall consist of 2
separate programs. One program shall be for adults with no
children and shall be known as State Transitional Assistance.
The other program shall be for families with children and for
pregnant women and shall be known as State Family and Children

HB1104 - 2 - LRB103 04704 KTG 49713 b
Assistance.
(c)(1) To be eligible for State Transitional Assistance,
an individual must be ineligible for assistance under Articles
III and IV and must be one of the following:
(A) age 18 or over; or
(B) married and living with a spouse, regardless of
age.
(2) The Illinois Department or local governmental unit
shall determine whether individuals under State Transitional
Assistance are chronically needy. Individuals shall be
considered chronically needy if they 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. The Illinois Department shall by
rule specify the criteria for determining whether an
individual is chronically needy. The criteria shall, at a
minimum, include the following:
(A) The individual has a serious physical or mental
disability which significantly restricts an individual
from working.
(B) The individual is over age 50 and has no high
school diploma or high school equivalency certificate and
no sustained employment history.
(C) The individual is needed to provide care for
another person in the household.
(D) The individual suffers from an addictive drug or

HB1104 - 3 - LRB103 04704 KTG 49713 b
alcohol abuse problem.
(E) The individual is homeless as defined by the
Illinois Department in rules.
(3) Individuals in State Transitional Assistance who are
determined to be chronically needy shall not be determined
ineligible for State Transitional Assistance based upon a
conviction for any drug-related felony under State or federal
law.
(4) Subject to federal approval, the State Transitional
Assistance provided under this Section shall not be considered
income for purposes of determining eligibility or the amount
of benefits provided under the Supplemental Nutrition
Assistance Program.
(5) For individuals in State Transitional Assistance
determined not to be chronically needy, State Transitional
Assistance shall be available for only 9 months in the fiscal
year beginning July 1, 2023 and only 6 months out of any 12
consecutive month period beginning July 1, 2024.
(6) The Illinois Department shall determine, by rule,
those State Transitional Assistance recipients who shall be
subject to employment, training, or education programs, the
content of those programs, and the penalties for failure to
cooperate in those programs.
(7) The Illinois Department shall, by rule, establish
further eligibility requirements, including, but not limited
to, residence, need, and the level of payments.

HB1104 - 4 - LRB103 04704 KTG 49713 b
(d)(1) To be eligible for State Family and Children
Assistance, a family unit must be ineligible for assistance
under Articles III and IV and must contain a child who is:
(A) under age 18; or
(B) age 18 and a full-time student in a secondary
school or the equivalent level of vocational or technical
training, and who may reasonably be expected to complete
the program before reaching age 19.
Those children shall be eligible for State Family and
Children Assistance.
(2) The natural or adoptive parents of the child living in
the same household may be eligible for State Family and
Children Assistance.
(3) A pregnant woman whose pregnancy has been verified
shall be eligible for income maintenance assistance under the
State Family and Children Assistance program.
(4) Individuals who otherwise meet the eligibility
requirements of this subsection shall not be determined
ineligible for State Family and Children Assistance based upon
a conviction for any drug-related felony under State or
federal law.
(5) Subject to federal approval, the State Family and
Children Assistance provided under this Section shall not be
considered income for purposes of determining eligibility or
the amount of benefits provided under the Supplemental
Nutrition Assistance Program.

HB1104 - 5 - LRB103 04704 KTG 49713 b
(6) The Illinois Department shall, by rule, establish
further eligibility requirements, including, but not limited
to, residence, need, and the level of payments.
(e) A local governmental unit that chooses to participate
in a General Assistance program under this Section shall
provide funding in accordance with Section 12-21.3.
(f) In order to qualify for State funding under this
Section, a local governmental unit shall be subject to the
supervision and the rules and regulations of the Illinois
Department.
(g) Individuals receiving General Assistance who qualify
for the State Transitional Assistance program under this
Section and are subsequently determined not to be chronically
needy shall be eligible for grant assistance for only 9 months
in the fiscal year beginning July 1, 2023 and only 6 months out
of any 12 consecutive month period beginning July 1, 2024.
(a) Effective July 1, 1992, all State funded General
Assistance and related medical benefits shall be governed by
this Section, provided that, notwithstanding any other
provisions of this Code to the contrary, on and after July 1,
2012, the State shall not fund the programs outlined in this
Section. Other parts of this Code or other laws related to
General Assistance shall remain in effect to the extent they
do not conflict with the provisions of this Section. If any
other part of this Code or other laws of this State conflict
with the provisions of this Section, the provisions of this

HB1104 - 6 - LRB103 04704 KTG 49713 b
Section shall control.
(b) General Assistance may consist of 2 separate programs.
One program shall be for adults with no children and shall be
known as Transitional Assistance. The other program may be for
families with children and for pregnant women and shall be
known as Family and Children Assistance.
(c) (1) To be eligible for Transitional Assistance on or
after July 1, 1992, an individual must be ineligible for
assistance under any other Article of this Code, must be
determined chronically needy, and must be one of the
following:
(A) age 18 or over or
(B) married and living with a spouse, regardless of
age.
(2) The local governmental unit shall determine whether
individuals are chronically needy as follows:
(A) Individuals who have applied for Supplemental
Security Income (SSI) and are awaiting a decision on
eligibility for SSI who are determined to be a person with
a disability by the Illinois Department using the SSI
standard shall be considered chronically needy, except
that individuals whose disability is based solely on
substance use disorders and whose disability would cease
were their addictions to end shall be eligible only for
medical assistance and shall not be eligible for cash
assistance under the Transitional Assistance program.

HB1104 - 7 - LRB103 04704 KTG 49713 b
(B) (Blank).
(C) The unit of local government may specify other
categories of individuals as chronically needy; nothing in
this Section, however, shall be deemed to require the
inclusion of any specific category other than as specified
in paragraph (A).
(3) For individuals in Transitional Assistance, medical
assistance may be provided by the unit of local government in
an amount and nature determined by the unit of local
government. Nothing in this paragraph (3) shall be construed
to require the coverage of any particular medical service. In
addition, the amount and nature of medical assistance provided
may be different for different categories of individuals
determined chronically needy.
(4) (Blank).
(5) (Blank).
(d) (1) To be eligible for Family and Children Assistance,
a family unit must be ineligible for assistance under any
other Article of this Code and must contain a child who is:
(A) under age 18 or
(B) age 18 and a full-time student in a secondary
school or the equivalent level of vocational or technical
training, and who may reasonably be expected to complete
the program before reaching age 19.
Those children shall be eligible for Family and Children
Assistance.

HB1104 - 8 - LRB103 04704 KTG 49713 b
(2) The natural or adoptive parents of the child living in
the same household may be eligible for Family and Children
Assistance.
(3) A pregnant woman whose pregnancy has been verified
shall be eligible for income maintenance assistance under the
Family and Children Assistance program.
(4) The amount and nature of medical assistance provided
under the Family and Children Assistance program shall be
determined by the unit of local government. The amount and
nature of medical assistance provided need not be the same as
that provided under paragraph (3) of subsection (c) of this
Section, and nothing in this paragraph (4) shall be construed
to require the coverage of any particular medical service.
(5) (Blank).
(e) A local governmental unit that chooses to participate
in a General Assistance program under this Section shall
provide funding in accordance with Section 12-21.13 of this
Act. Local governmental funds used to qualify for State
funding may only be expended for clients eligible for
assistance under this Section 6-11 and related administrative
expenses.
(f) (Blank).
(g) (Blank).
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)
Section 99. Effective date. This Act takes effect July 1,
2023.