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Public Act 101-0566
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| SB1791 Enrolled | LRB101 09527 KTG 54625 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 12-4.4 as follows:
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(305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
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Sec. 12-4.4. Administration of federally-aided programs. |
Direct
County Departments of Public Aid in the administration |
of
the federally
funded Supplemental Nutrition Assistance |
(SNAP) Program food stamp program, programs to aid refugees and |
Articles III,
IV, and V of this Code.
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The
Illinois Department of Human Services
shall operate a |
SNAP Employment and Training (SNAP E&T) program Food Stamp |
Employment and Training (FSE&T) program in
compliance with |
federal law. The SNAP E&T FSE&T program may only be mandatory |
in counties where the Department can show that there are |
sufficient program slots for at least the majority of the |
county's current non-exempt work registrants as described in |
Section 11-20 of this Code. Nothing in this Section shall |
prevent the Department from operating a fully voluntary SNAP |
E&T program. The SNAP E&T program will have an Earnfare
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component. The Earnfare component shall be available in |
selected geographic
areas based on criteria established by the |
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Illinois Department of Human
Services by rule.
Participants in |
Earnfare will, to the extent resources allow, earn their
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assistance. Participation in the Earnfare program is |
voluntary, except when
ordered by a court of competent |
jurisdiction. Eligibility for Earnfare may
be limited to only 6 |
months out of any 12 consecutive month period. Clients are
not |
entitled to be placed in an Earnfare slot. Earnfare slots shall |
be made
available only as resources permit. Earnfare shall be |
available to persons
receiving SNAP benefits food stamps who |
meet eligibility criteria established by the Illinois
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Department of Human Services by rule.
The Illinois Department |
may, by rule, extend the Earnfare Program to clients
who do not |
receive SNAP benefits food stamps.
Receipt of SNAP benefits |
food stamps is not an
eligibility requirement of
Earnfare when |
a court of competent jurisdiction orders an individual to
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participate in the Earnfare Program. To
the extent resources |
permit, the Earnfare program will allow participants
to engage |
in work-related activities to earn monthly financial |
assistance
payments and to improve participants' employability |
in order for them to
succeed in obtaining employment. The |
Illinois Department of Human Services may enter into
contracts |
with other public agencies including State agencies, with local
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governmental units, and with not-for-profit community based |
organizations
to carry out the elements of the Program that the |
Department of Human Services deems appropriate.
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The Earnfare Program shall contain the following elements:
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(1) To the extent resources allow and slots exist, the |
Illinois Department of Human Services
shall refer |
recipients of SNAP benefits food stamp assistance who meet |
eligibility criteria,
as established by rule. Receipt of |
SNAP benefits food stamps is not an eligibility
requirement |
of Earnfare when a court of competent jurisdiction orders |
an
individual to participate in the Earnfare Program.
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(2) Persons participating in Earnfare shall engage in |
employment
assigned activities equal to the amount of the |
SNAP food stamp benefits divided
by the State or federal |
minimum wage, whichever is higher, and subsequently shall |
earn minimum wage
assistance for each additional hour of |
performance in Earnfare activity.
Earnfare participants |
shall be offered the opportunity to earn up to $154. The
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Department of Human Services may establish a higher amount |
by rule provided resources permit.
If a court of competent |
jurisdiction orders an individual to participate in
the |
Earnfare program, hours engaged in employment assigned |
activities shall
first be applied for a $50 payment made to |
the custodial parent as a support
obligation. If the |
individual receives SNAP benefits food stamps, the |
individual shall
engage in employment assigned activities |
equal to the amount of the SNAP food stamp
benefits divided |
by the State or
federal minimum wage, whichever is higher, |
and subsequently shall earn
State or federal minimum wage |
assistance, whichever is higher, for each additional hour |
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of performance in Earnfare
activity.
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(3) To the extent appropriate slots are available, the |
Illinois
Department of Human Services shall assign |
Earnfare participants to Earnfare activities based
on an |
assessment of the person's age, literacy, education, |
educational
achievement, job training, work experience, |
and recent institutionalization,
whenever these factors |
are known to the Department of Human Services or to the |
contractor and
are relevant to the individual's success in |
carrying out the assigned
activities and in ultimately |
obtaining employment.
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(4) The Department of Human Services shall consider the |
participant's preferences and
personal employment goals in |
making assignments to the extent
administratively possible |
and to the extent that resources allow.
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(5) The Department of Human Services may enter into |
cooperative agreements with local
governmental units |
(which may, in turn, enter into agreements with
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not-for-profit community based organizations): with other |
public, including
State, agencies; directly with |
not-for-profit community based organizations,
and with |
private employers to create Earnfare activities for |
program
participants.
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(6) To the extent resources permit, the Department of |
Human Services shall provide the
Earnfare participants |
with the costs of transportation in looking for work
and in |
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getting to and from the assigned Earnfare job site and |
initial
expenses of employment.
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(7) All income and asset limitations of the Federal |
SNAP Food Stamp Program
will govern continued Earnfare |
participation, except that court ordered
participants |
shall participate for 6 months unless the court orders |
otherwise.
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(8) Earnfare participants shall not displace or |
substitute for regular,
full time or part time employees, |
regardless of whether or not the employee
is currently |
working, on a leave of absence or in a position or similar
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position where a layoff has taken place or the employer has |
terminated the
employment of any regular employee or |
otherwise reduced its workforce with
the effect of filling |
the vacancy so created with a participant subsidized
under |
this program, or is or has been involved in a labor dispute |
between a
labor organization and the sponsor.
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(9) Persons who fail to cooperate with the SNAP E&T |
FSE&T program in counties where available program slots |
exist for at least the majority of that county's current |
work registrants shall become
ineligible for SNAP benefits |
food stamp assistance according to SNAP Food Stamp |
regulations,
and for Earnfare participation. Failure to |
participate in Earnfare for all
of the hours assigned is |
not a failure to cooperate unless so established
by the |
employer pursuant to Department of Human Services rules.
If |