Public Act 103-0192

HB3424 Enrolled LRB103 27315 KTG 53686 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 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)

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.)