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| 1 | | AN ACT concerning public aid.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Township Code is amended by changing |
| 5 | | Section 85-13 as follows:
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| 6 | | (60 ILCS 1/85-13)
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| 7 | | Sec. 85-13. Township services, generally.
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| 8 | | (a) The township board may either expend funds directly or |
| 9 | | may enter into
any cooperative agreement or contract with any |
| 10 | | other governmental entity,
not-for-profit corporation, |
| 11 | | non-profit community service association, or any
for-profit |
| 12 | | business entity as provided in subsection (b) with respect to |
| 13 | | the
expenditure of township funds, or funds made available to |
| 14 | | the township under
the federal State and Local Fiscal |
| 15 | | Assistance Act of 1972, to provide any of
the following |
| 16 | | services to the residents of the township:
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| 17 | | (1) Ordinary and necessary maintenance and operating |
| 18 | | expenses for the
following:
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| 19 | | (A) Public safety (including law enforcement, fire |
| 20 | | protection, and
building code enforcement).
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| 21 | | (B) Environmental protection (including sewage |
| 22 | | disposal, sanitation,
and pollution abatement).
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| 23 | | (C) Public transportation (including transit |
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| 1 | | systems, paratransit
systems, and streets and roads).
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| 2 | | (D) Health, including mental, behavioral, eye, |
| 3 | | dental, or other healthcare.
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| 4 | | (E) Recreation.
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| 5 | | (F) Libraries.
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| 6 | | (G) Social services for the poor and aged.
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| 7 | | (2) Ordinary and necessary capital expenditures |
| 8 | | authorized by law.
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| 9 | | (3) Development and retention of business, industrial, |
| 10 | | manufacturing,
and tourist facilities within the township.
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| 11 | | (b) To be eligible to receive funds from the township |
| 12 | | under this Section, a
private not-for-profit corporation or |
| 13 | | community service association shall have
been in existence at |
| 14 | | least one year before receiving the funds. The township
board |
| 15 | | may, however, for the purpose of providing day care services, |
| 16 | | contract
with day care facilities licensed under the Child |
| 17 | | Care Act of 1969, regardless
of whether the facilities are |
| 18 | | organized on a for-profit or not-for-profit
basis.
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| 19 | | (c) Township governments that directly expend or contract |
| 20 | | for day care
shall use the standard of need established by the |
| 21 | | Department of Children and
Family Services in determining |
| 22 | | recipients of subsidized day care and shall use
the rate |
| 23 | | schedule used by the Department of Children and Family |
| 24 | | Services for
the purchase of subsidized day care. |
| 25 | | Notwithstanding the preceding sentence, the township board may |
| 26 | | approve the application of a different, publicly available, |
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| 1 | | professional or academically recognized standard of need in |
| 2 | | determining eligibility for subsidized day care.
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| 3 | | (d) Township governments that directly expend or contract |
| 4 | | for senior
citizen services may contract with for-profit (or |
| 5 | | not-for-profit) and
non-sectarian organizations as provided in |
| 6 | | Sections 220-15 and 220-35.
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| 7 | | (e) Those township supervisors or other elected township |
| 8 | | officials who are
also members of a county board shall not vote |
| 9 | | on questions before the township
board or the county board |
| 10 | | that relate to agreements or contracts between the
township |
| 11 | | and the county under this Section or agreements or contracts |
| 12 | | between
the township and the county that are otherwise |
| 13 | | authorized by law.
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| 14 | | (f) The township board may enter into direct agreements |
| 15 | | with for-profit
corporations or other business entities to |
| 16 | | carry out recycling programs in
unincorporated areas of the |
| 17 | | township.
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| 18 | | The township board may by ordinance administer a recycling |
| 19 | | program or adopt rules and regulations relating to
recycling |
| 20 | | programs in unincorporated areas of the township that it from |
| 21 | | time to
time deems necessary and may provide penalties for |
| 22 | | violations of those rules
and regulations.
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| 23 | | (g) For purposes of alleviating high unemployment, |
| 24 | | economically depressed
conditions, and lack of moderately |
| 25 | | priced housing, the trustees of a
township that includes all |
| 26 | | or a portion of a city that is a "financially
distressed city" |
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| 1 | | under the Financially Distressed City Law may contract with
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| 2 | | one or more not-for-profit or for-profit organizations to |
| 3 | | construct and operate
within the boundaries of the township a |
| 4 | | factory designed to manufacture housing
or housing components. |
| 5 | | The contract may provide for the private organization or
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| 6 | | organizations to manage some or all operations of the factory |
| 7 | | and may provide
for (i) payment of employee compensation and |
| 8 | | taxes; (ii) discharge of other
legal responsibilities; (iii) |
| 9 | | sale of products; (iv) disposition of the
factory, equipment, |
| 10 | | and other property; and (v) any other matters the township
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| 11 | | trustees consider reasonable.
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| 12 | | (Source: P.A. 95-119, eff. 8-13-07.)
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| 13 | | Section 10. The Illinois Public Aid Code is amended by |
| 14 | | changing Sections 1-10, 6-9, and 6-12 and by adding Section |
| 15 | | 6-11a as follows:
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| 16 | | (305 ILCS 5/1-10)
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| 17 | | Sec. 1-10. Drug convictions.
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| 18 | | (a) Persons convicted of an offense under the Illinois |
| 19 | | Controlled Substances
Act, the Cannabis Control Act, or the |
| 20 | | Methamphetamine Control and Community Protection Act which is |
| 21 | | a Class X felony, or a Class 1 felony,
or comparable federal |
| 22 | | criminal law which has as an element the
possession, use, or |
| 23 | | distribution of a controlled substance, as defined in
Section |
| 24 | | 102(6) of the federal Controlled Substances Act (21 U.S.C. |
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| 1 | | 802(c)),
shall not be eligible for cash assistance provided |
| 2 | | under this Code.
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| 3 | | (b) Persons convicted of
any other felony under the |
| 4 | | Illinois Controlled Substances Act, the Cannabis
Control Act, |
| 5 | | or the Methamphetamine Control and Community Protection Act |
| 6 | | which is not a Class X or Class 1 felony, or comparable
federal |
| 7 | | criminal law which has as an element the possession, use, or
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| 8 | | distribution of a
controlled substance, as defined in Section |
| 9 | | 102(6) of the federal Controlled
Substances Act (21 U.S.C. |
| 10 | | 802(c)), shall not be eligible for cash assistance
provided |
| 11 | | under this Code for 2 years from the date of conviction. This
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| 12 | | prohibition shall not apply if the person is in a drug |
| 13 | | treatment program,
aftercare program, or similar program as |
| 14 | | defined by rule.
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| 15 | | (c) Persons shall not be determined ineligible for food |
| 16 | | stamps provided
under this Code based upon a conviction of any |
| 17 | | felony or comparable federal or
State criminal law which has |
| 18 | | an element the possession, use or distribution of
a controlled |
| 19 | | substance, as defined in Section 102(6) of the federal |
| 20 | | Controlled Substances
Act (21 U.S.C. 802(c)).
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| 21 | | (d) Notwithstanding any other provision of this Section to |
| 22 | | the contrary, persons shall not be determined ineligible for |
| 23 | | cash assistance provided under Article IV or Article VI of |
| 24 | | this Code based upon a conviction for any drug-related felony |
| 25 | | under State or federal law. |
| 26 | | (Source: P.A. 102-178, eff. 10-30-21.)
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| 1 | | (305 ILCS 5/6-9) (from Ch. 23, par. 6-9)
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| 2 | | Sec. 6-9.
(a) (1) A local governmental unit may provide |
| 3 | | assistance to
households under its General Assistance program |
| 4 | | following a declaration by
the President of the United States |
| 5 | | of a major disaster or emergency
pursuant to the Federal |
| 6 | | Disaster Relief Act of 1974, as now or hereafter
amended, if |
| 7 | | the local governmental unit is within the area designated |
| 8 | | under
the declaration. A local government unit may also |
| 9 | | provide assistance to households under its General Assistance |
| 10 | | program following a disaster proclamation issued by the |
| 11 | | Governor if the local governmental unit is within the area |
| 12 | | designated under the proclamation. Assistance under this |
| 13 | | Section may be provided to
households which have suffered |
| 14 | | damage, loss or hardships as a result of the
major disaster or |
| 15 | | emergency. Assistance under this Section may be provided
to |
| 16 | | households without regard to the eligibility requirements and |
| 17 | | other
requirements of this Code. Assistance under this Section |
| 18 | | may be provided
only during the 90-day period following the |
| 19 | | date of declaration of a major
disaster or emergency.
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| 20 | | (2) A local governmental unit
shall not use State funds to |
| 21 | | provide assistance under this Section. If a local
governmental |
| 22 | | unit receives State funds to provide General Assistance under |
| 23 | | this
Article, assistance provided by the local governmental |
| 24 | | unit under this
Section shall not be considered in determining |
| 25 | | whether a local governmental
unit has qualified to receive |
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| 1 | | State funds under Article XII.
A local governmental unit which |
| 2 | | provides assistance under this
Section shall not, as a result |
| 3 | | of payment of such assistance, change the
nature or amount of |
| 4 | | assistance provided to any other individual or family
under |
| 5 | | this Article.
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| 6 | | (3) This Section shall not apply to any municipality of |
| 7 | | more than 500,000
population in which a separate program has |
| 8 | | been established by the Illinois
Department under Section 6-1.
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| 9 | | (b) (1) A local governmental unit may provide assistance |
| 10 | | to households
for food and temporary shelter. To qualify for |
| 11 | | assistance a household
shall submit to the local governmental |
| 12 | | unit: (A) such application as the
local governmental unit may |
| 13 | | require; (B) a copy of an application to the
Federal Emergency |
| 14 | | Management Agency (hereinafter "FEMA") or the Small
Business |
| 15 | | Administration (hereinafter "SBA") for assistance; (C) such |
| 16 | | other
proof of damage, loss or hardship as the local |
| 17 | | governmental unit may
require; and (D) an agreement to |
| 18 | | reimburse the local governmental unit for
the amount of any |
| 19 | | assistance received by the household under this subsection |
| 20 | | (b).
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| 21 | | (2) Assistance under this subsection (b) may be in the |
| 22 | | form of cash or
vouchers. The amount of assistance provided to |
| 23 | | a household in any month
under this subsection (b) shall not |
| 24 | | exceed the maximum amount payable under Section 6-2.
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| 25 | | (3) No assistance shall be provided to a household after |
| 26 | | it receives a
determination of its application to FEMA or SBA |
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| 1 | | for assistance.
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| 2 | | (4) A household which has received assistance under this |
| 3 | | subsection (b)
shall reimburse the local governmental unit in |
| 4 | | full for any assistance
received under this subsection. If the |
| 5 | | household receives
assistance from FEMA or SBA in the form of |
| 6 | | loans or grants, the household
shall reimburse the local |
| 7 | | governmental unit from those funds. If the
household's request |
| 8 | | for assistance is denied or rejected by the FEMA or
SBA, the |
| 9 | | household shall repay the local governmental unit in |
| 10 | | accordance with a
repayment schedule prescribed by the local |
| 11 | | governmental unit.
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| 12 | | (c) (1) A local governmental unit may provide assistance |
| 13 | | to households
for structural repairs to homes or for repair or |
| 14 | | replacement of home electrical
or heating systems, bedding and |
| 15 | | food refrigeration equipment. To qualify
for assistance a |
| 16 | | household shall submit to the local governmental unit:
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| 17 | | (A) such application as the local governmental unit may |
| 18 | | require; (B) a
copy of claim to an insurance company for |
| 19 | | reimbursement for the damage or
loss for which assistance is |
| 20 | | sought; (C) such other proof of damage, loss
or hardship as the |
| 21 | | local governmental unit may require; and (D) an
agreement to |
| 22 | | reimburse the local governmental unit for the amount of any
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| 23 | | assistance received by the household under this subsection |
| 24 | | (c).
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| 25 | | (2) Any assistance provided under this subsection (c) |
| 26 | | shall be in the
form of direct payments to vendors, and shall |
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| 1 | | not be made directly to a
household. The total amount of |
| 2 | | assistance provided to a household under
this subsection (c) |
| 3 | | shall not exceed $1,500.
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| 4 | | (3) No assistance shall be provided to a household after |
| 5 | | it receives a
determination of its insurance claims.
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| 6 | | (4) A household which has received assistance under this |
| 7 | | subsection (c)
shall reimburse the local governmental unit in |
| 8 | | full for any assistance
received under this subsection. If the |
| 9 | | household's insurance claim is
approved, the household shall |
| 10 | | reimburse the local governmental unit from
the proceeds. If |
| 11 | | the household's insurance claim is denied, the household
shall |
| 12 | | repay the local governmental unit in accordance with a |
| 13 | | repayment
schedule prescribed by the local governmental unit.
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| 14 | | (Source: P.A. 85-1233.)
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| 15 | | (305 ILCS 5/6-11a new) |
| 16 | | Sec. 6-11a. Townships. A local governmental unit may |
| 17 | | provide assistance under its General Assistance program under |
| 18 | | a service that complies with Section 85-13 of the Township |
| 19 | | Code. Before a local governmental unit provides assistance |
| 20 | | under this Section, the board of the local governmental unit |
| 21 | | shall adopt a policy providing which services are eligible |
| 22 | | under Section 85-13 of the Township Code for General |
| 23 | | Assistance.
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| 24 | | (305 ILCS 5/6-12) (from Ch. 23, par. 6-12)
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| 1 | | Sec. 6-12. General Assistance not funded by State. General |
| 2 | | Assistance
programs in local governments that do not receive |
| 3 | | State funds shall
continue to be governed by Sections 6-1 |
| 4 | | through 6-10, as applicable, as
well as other relevant parts |
| 5 | | of this Code and other laws. However,
notwithstanding any |
| 6 | | other provision of this Code, any unit of local
government |
| 7 | | that does not receive State funds may implement a General
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| 8 | | Assistance program that complies with Section 6-11 and 6-11a. |
| 9 | | So long as the that
program complies with either Section 6-11 |
| 10 | | or 6-12, the program shall not
be deemed out of compliance with |
| 11 | | or in violation of this Code.
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| 12 | | (Source: P.A. 87-860.)
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