Estep v. Department of Public Aid

450 N.E.2d 1281, 115 Ill. App. 3d 644, 71 Ill. Dec. 402, 1983 Ill. App. LEXIS 1930
CourtAppellate Court of Illinois
DecidedJune 16, 1983
Docket83-54
StatusPublished
Cited by9 cases

This text of 450 N.E.2d 1281 (Estep v. Department of Public Aid) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estep v. Department of Public Aid, 450 N.E.2d 1281, 115 Ill. App. 3d 644, 71 Ill. Dec. 402, 1983 Ill. App. LEXIS 1930 (Ill. Ct. App. 1983).

Opinion

JUSTICE JIGANTI

delivered the opinion of the court:

This class action challenges the authority of the Illinois Department of Public Aid (IDPA) and its director, Jeffrey Miller, to set the monthly payment distributed to over 110,000 adult General Assistance (GA) recipients who live in Chicago and 40 other downstate communities at a lower amount than that set the year before. Our function on appeal is solely one of statutory interpretation; the plaintiffs have raised no constitutional claim.

The purpose of the GA program is to provide limited aid to meet the basic subsistence requirements of needy individuals. Under authority delegated by the legislature in the Illinois Public Aid Code, the IDPA acts as the program’s administrator and determines the actual dollar amount to be distributed to recipients. The department first establishes the “standard of assistance” by pricing such items as food and clothing to determine the amount of money that a person needs each month to maintain a “livelihood compatible with health and well-being.” (Ill. Rev. Stat. 1981, ch. 23, par. 12 — 4.11.) The IDPA then determines the “aid payment,” or the amount actually provided as a matter of policy to recipients who have no outside income. The “aid payment” is adopted by administrative rule and may be of a lesser amount than the “standard of assistance.” Ill. Rev. Stat. 1981, ch. 23, par. 12 — 4.11.

For the fiscal year 1983 (July 1, 1982 — June 30, 1983), the IDPA established a grant amount of $144 per month by administrative rule. For the fiscal year 1982, the aid payment had been established at $162. Because of budgetary problems, the $162 amount was proposed to be reduced to $144 for the last two months of fiscal year 1982. The reduction was the subject of litigation which the supreme court eventually determined was moot. (Estep v. Department of Public Aid (1982), 92 Ill. 2d 510, 442 N.E.2d 148.) Consequently, those two months are not at issue in this lawsuit. The General Assembly appropriated $191.8 million for the 1983 GA program. The trial court found that, considering the proposed number of GA recipients and the amount of the appropriation, the IDPA properly exercised its discretion under the statute to set grant levels at $144 per month. The plaintiffs contend that the reduction in GA payments from $162 in 1982 to $144 in 1983 was a reduction unauthorized by statute.

The substance of this lawsuit necessarily revolves around the interpretation of section 12 — 4.11 of the Illinois Public Aid Code, which states in relevant part:

“The Department, with due regard for and subject to budgetary limitations, shall establish grant amounts for each of the programs, by regulation. The grant amounts may be less than the prices of the standards [i.e. standard of assistance] and may vary by program, size of assistance unit and geographic area and may be established in the form of a percentage of the standards for any or all programs.
Aid payments shall not be reduced except for changes in (1) cost of items included in the standards, or (2) the expenses of the recipient, or (8) the income or resources available to the recipient, or (If) grants resulting from adoption of a consolidated standard ***” (Emphasis added.) (Ill. Rev. Stat. 1981, ch. 23, par. 12 — 4.11.)

The defendants essentially construe the statute to give them the delegated authority to continue to pay the reduced GA payments because the General Assembly’s appropriation for the GA program in fiscal year 1983 would have been exhausted well before the end of the year unless individual GA payments remained at the $144 per month level. Placing primary reliance upon the “subject to budgetary limitations” language of the statute, the defendants contend that it was the legislature’s intent that GA payments continue to be reduced because its $191.8 million appropriation for the program mirrored the $144 benefit level that was later set by the IDPA. In contrast, the plaintiff class members point to the four enumerated instances in the statute which sanction a reduction in aid payments and argue that because a budgetary shortfall does not fall under any of the four categories, the IDPA lacks the authority necessary to reduce payments if it faces a budgetary deficiency. The plaintiffs further argue that the IDPA’s delegated authority to set grant amounts is specifically limited by the legislature in the four exceptions of the statute and that therefore, the IDPA acted in contravention of the statute when it reduced GA payments.

The sole question on appeal is whether the IDPA’s disbursement of 1983 fiscal year GA payments at the lower rate of $144 per month is a violation of section 12 — 4.11 of the Illinois Public Aid Code. (Ill. Rev. Stat. 1981, ch. 23, par. 12 — 4.11.) The plaintiffs contend that the IDPA defied the Illinois Public Aid Code and acted without authority when it reduced GA payments prior to the end of the 1982 fiscal year and that this practice has wrongfully continued into fiscal year 1983. Because the plaintiffs are seeking only prospective relief on this appeal, we are asked to enjoin the IDPA from disbursing future GA payments at a rate of less than $162 per month. After our examination of the rules of statutory construction and an analysis of the legislative intent in this case, we find that the IDPA acted within its statutory authority when it set 1983 GA benefit levels at $144 per month and therefore, we find it necessary to affirm the judgment of the trial court.

Each part or section of a statute should be construed in connection with every other part or section so as to produce a harmonious whole. (2A C. Sands, Statutes and Statutory Construction sec. 46.05, at 56 (4th ed. 1973); see also Mann v. Board of Education (1950), 406 Ill. 224, 92 N.E.2d 743.) It is an elementary rale of construction that effect must be given, if possible, to every word, clause and sentence of a statute and that a court may not read a statute so as to render any part inoperative, superfluous or insignificant. (People v. Lutz (1978), 73 Ill. 2d 204, 383 N.E.2d 171; People v. Warren (1977), 69 Ill. 2d 620, 373 N.E.2d 10; 2A C. Sands, Statutes and Statutory Construction sec. 46.06, at 63 (4th ed. 1973).) In the instant case, we recognize that the two sections cited to us by the parties in support of their divergent positions are to some extent in conflict with one another. Specifically, the plaintiffs argue that aid payments were reduced from the $162 level set in fiscal year 1982 to a $144 level for 1983 even though the rationale for reducing payments, namely a budgetary- shortfall, did not fall under any of the four exceptions which sanction a reduction of aid payments. On the other hand, the defendants contend that the statute authorizes the IDPA to set grants amounts “with due regard for and subject to budgetary limitations” and that this language conceivably operates to guide the IDPA to set grant amounts at a level consistent with annual legislative appropriations for the program.

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Bluebook (online)
450 N.E.2d 1281, 115 Ill. App. 3d 644, 71 Ill. Dec. 402, 1983 Ill. App. LEXIS 1930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estep-v-department-of-public-aid-illappct-1983.