HB2214ham004 103RD GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 3/20/2023

10300HB2214ham004 LRB103 27204 KTG 59465 a

AMENDMENT TO HOUSE BILL 2214

AMENDMENT NO. ______. Amend House Bill 2214 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Public Aid Code is amended by adding Section 12-4.57 as follows:

(305 ILCS 5/12-4.57 new)

Sec. 12-4.57. Stolen SNAP benefits and AABD cash assistance via card skimming; data collection and reports.

(a) Individuals who have had their benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) or cash under the Aid to the Aged, Blind or Disabled (AABD) program stolen through card skimming, card cloning, or similar fraudulent methods, are at risk of significant food insecurity, hunger, and financial instability. To alleviate this risk, Illinois shall replace the benefits determined to be stolen as provided in subsections (c) through (e).

(b) As used in this Section, "electronic benefits transfer card" or "EBT card" means the card issued by the Department of Human Services for the purpose of enabling a user of the card to obtain federal Supplemental Nutrition Assistance Program benefits or cash assistance provided under Article III of this Code.

(c) Subject to appropriation, the Department of Human Services shall replace SNAP benefits that were stolen from a recipient's EBT card by means of card skimming, card cloning, or some other similar fraudulent method during the period January 1, 2022 through September 30, 2022 using State funds and by procedures that align with those set forth in the State Plan submitted to the U.S. Department of Agriculture's Food and Nutrition Service in accordance with the Consolidated Appropriations Act of 2023, Public Law 117-328.

(d) The Department of Human Services shall replace SNAP benefits that were stolen from a recipient's EBT card by means of card skimming, card cloning, or some other similar fraudulent method during the period October 1, 2022 through September 30, 2024 under the State Plan submitted to and approved by the U.S. Department of Agriculture's Food and Nutrition Service in accordance with the Consolidated Appropriations Act of 2023, Public Law 117-328.

(e) Subject to appropriation, the Department of Human Services shall replace cash assistance provided under Article III of this Code that was stolen from a recipient's EBT card by means of card skimming, card cloning, or some other similar fraudulent method during the period January 1, 2022 through September 30, 2024. The Department may adopt any rules necessary to implement this provision, including rules on how to accept and substantiate recipient claims for stolen benefits. Where possible, the rules for accepting and substantiating claims shall be consistent with the State Plan for SNAP replacement described in subsection (d) and submitted in accordance with the Consolidated Appropriations Act of 2023, Public Law 117-328.

(f) As the State administrator of benefits provided under the federally funded Supplemental Nutrition Assistance Program, the Department of Human Services shall track and collect data on the scope and frequency of SNAP benefits fraud in this State where a SNAP recipient's benefits are stolen from the recipient's electronic benefits transfer card by means of card skimming, card cloning, or some other similar fraudulent method. The Department shall specifically keep a record of every report made to the Department by a SNAP recipient alleging the theft of benefits due to no fault of the recipient, the benefit amount stolen, and, if practicable, how those stolen benefits were used and the location of those thefts.

(g) The Department shall report its findings to the General Assembly on an annual basis beginning on January 1, 2024. The Department shall file an annual report no later than the 60th day of the following year following each reporting period. A SNAP recipient's personally identifiable information shall be excluded from the reports consistent with State and federal privacy protections. Each annual report shall also be posted on the Department's official website.

(h) If the Department determines that a SNAP recipient has made a substantiated report of stolen benefits due to card skimming, card cloning, or some other similar fraudulent method, the Department shall refer the matter to the State's Attorney who has jurisdiction over the alleged theft or fraud and shall provide any assistance to that State's Attorney in the prosecution of the alleged theft or fraud.".