Bill Text: IL HB3424 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Township Code. Provides that a township's board may either expend funds directly or may enter into any cooperative agreement or contract with specified entities to provide its residents with health services, including mental, behavioral, eye, dental, or other healthcare. Provides that 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. Amends the Illinois Public Aid Code. Provides that persons shall not be determined ineligible for case assistance under the General Assistance Article of the Code based upon a conviction for any drug-related felony under State or federal law. In provisions concerning the General Assistance program, permits a local government unit to 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. Provides that a local governmental unit may provide assistance under its General Assistance program under a service that complies with specified provisions of the Township Code. Provides that before a local government provides assistance, the board of the local government shall approve the expenditures of such assistance.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0192 [HB3424 Detail]

Download: Illinois-2023-HB3424-Engrossed.html

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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

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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,

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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"

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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.

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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.)

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(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

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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

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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

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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.)