102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5548

 

Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/9A-13
305 ILCS 5/9A-16
305 ILCS 5/12-4.4  from Ch. 23, par. 12-4.4
750 ILCS 16/15

    Amends the Illinois Public Aid Code. In provisions concerning education, training, and employment programs for recipients of public aid, removes all references and provisions concerning the Earnfare component of the SNAP Employment and Training (SNAP E&T) program. Provides that if a court of competent jurisdiction orders an individual to participate in the SNAP E&T program (rather than 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. Amends the Non-Support Punishment Act. In provisions concerning the offense of failure to support, provides that a person convicted of a first offense who is eligible for the SNAP E&T program (rather than the Earnfare program) shall, in lieu of a sentence, be referred to the SNAP E&T program (rather than the Earnfare program). Provides that upon certification of completion of the SNAP E&T program (rather than the Earnfare program), the conviction shall be expunged.


LRB102 22972 KTG 32126 b

 

 

A BILL FOR

 

HB5548LRB102 22972 KTG 32126 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Sections 9A-13, 9A-16, and 12-4.4 as follows:
 
6    (305 ILCS 5/9A-13)
7    Sec. 9A-13. Work activity; anti-displacement provisions.
8    (a) As used in this Section "work activity" means any
9workfare, earnfare, pay-after-performance,
10work-off-the-grant, work experience, or other activity under
11Section 9A-9 or any other Section of this Code in which a
12recipient of public assistance performs work for any employer
13as a condition of receiving the public assistance, and the
14employer does not pay wages for the work; or as any grant
15diversion, wage supplementation, or similar program in which
16the public assistance grant is provided to the employer as a
17subsidy for the wages of any recipient in its workforce.
18    (b) An employer may not utilize a work activity
19participant if such utilization would result in:
20        (1) the displacement or partial displacement of
21    current employees, including but not limited to a
22    reduction in hours of non-overtime or overtime work,
23    wages, or employment benefits; or

 

 

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1        (2) the filling of a position that would otherwise be
2    a promotional opportunity for current employees; or
3        (3) the filling of a position created by or causing
4    termination, layoff, a hiring freeze, or a reduction in
5    the workforce; or
6        (4) the placement of a participant in any established
7    unfilled vacancy; or
8        (5) the performance of work by a participant if there
9    is a strike, lockout, or other labor dispute in which the
10    employer is engaged.
11    (c) An employer who wishes to utilize work activity
12participants shall, at least 15 days prior to utilizing such
13participants, notify the labor organization of the name, work
14location, and the duties to be performed by the participant.
15    (d) The Department of Human Services shall establish a
16grievance procedure for employees and labor organizations to
17utilize in the event of any alleged violation of this Section.
18Notwithstanding the above, a labor organization may utilize
19the established grievance or arbitration procedure in its
20collective bargaining agreement to contest violations of this
21Section.
22(Source: P.A. 92-111, eff. 1-1-02.)
 
23    (305 ILCS 5/9A-16)
24    Sec. 9A-16. Work activity; applicable minimum wage. The
25State or federal minimum wage, whichever is higher, shall be

 

 

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1used to calculate the required number of hours of
2participation in any earnfare or pay-after-performance
3activity under Section 9A-9 or any other Section of this Code
4in which a recipient of public assistance performs work as a
5condition of receiving the public assistance and the recipient
6is not paid wages for the work.
7(Source: P.A. 94-533, eff. 8-10-05; 95-331, eff. 8-21-07.)
 
8    (305 ILCS 5/12-4.4)  (from Ch. 23, par. 12-4.4)
9    Sec. 12-4.4. Administration of federally-aided programs.
10Direct County Departments of Public Aid in the administration
11of the federally funded Supplemental Nutrition Assistance
12(SNAP) Program, programs to aid refugees and Articles III, IV,
13and V of this Code.
14    The Illinois Department of Human Services shall operate a
15SNAP Employment and Training (SNAP E&T) program in compliance
16with federal law. The SNAP E&T program may only be mandatory in
17counties where the Department can show that there are
18sufficient program slots for at least the majority of the
19county's current non-exempt work registrants as described in
20Section 11-20 of this Code. Nothing in this Section shall
21prevent the Department from operating a fully voluntary SNAP
22E&T program. The SNAP E&T program will have an Earnfare
23component. The Earnfare component shall be available in
24selected geographic areas based on criteria established by the
25Illinois Department of Human Services by rule. Participants in

 

 

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1Earnfare will, to the extent resources allow, earn their
2assistance. Participation in the Earnfare program is
3voluntary, except when ordered by a court of competent
4jurisdiction. Eligibility for Earnfare may be limited to only
56 months out of any 12 consecutive month period. Clients are
6not entitled to be placed in an Earnfare slot. Earnfare slots
7shall be made available only as resources permit. Earnfare
8shall be available to persons receiving SNAP benefits who meet
9eligibility criteria established by the Illinois Department of
10Human Services by rule. The Illinois Department may, by rule,
11extend the Earnfare Program to clients who do not receive SNAP
12benefits. Receipt of SNAP benefits is not an eligibility
13requirement of Earnfare when a court of competent jurisdiction
14orders an individual to participate in the Earnfare Program.
15To the extent resources permit, the Earnfare program will
16allow participants to engage in work-related activities to
17earn monthly financial assistance payments and to improve
18participants' employability in order for them to succeed in
19obtaining employment. The Illinois Department of Human
20Services may enter into contracts with other public agencies
21including State agencies, with local governmental units, and
22with not-for-profit community based organizations to carry out
23the elements of the Program that the Department of Human
24Services deems appropriate.
25    The Earnfare Program shall contain the following elements:
26        (1) To the extent resources allow and slots exist, the

 

 

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1    Illinois Department of Human Services shall refer
2    recipients of SNAP benefits who meet eligibility criteria,
3    as established by rule. Receipt of SNAP benefits is not an
4    eligibility requirement of Earnfare when a court of
5    competent jurisdiction orders an individual to participate
6    in the Earnfare Program.
7        (2) Persons participating in Earnfare shall engage in
8    employment assigned activities equal to the amount of the
9    SNAP benefits divided by the State or federal minimum
10    wage, whichever is higher, and subsequently shall earn
11    minimum wage assistance for each additional hour of
12    performance in Earnfare activity. Earnfare participants
13    shall be offered the opportunity to earn up to $154. The
14    Department of Human Services may establish a higher amount
15    by rule provided resources permit. If a court of competent
16    jurisdiction orders an individual to participate in the
17    SNAP E&T Earnfare program, hours engaged in employment
18    assigned activities shall first be applied for a $50
19    payment made to the custodial parent as a support
20    obligation. If the individual receives SNAP benefits, the
21    individual shall engage in employment assigned activities
22    equal to the amount of the SNAP benefits divided by the
23    State or federal minimum wage, whichever is higher, and
24    subsequently shall earn State or federal minimum wage
25    assistance, whichever is higher, for each additional hour
26    of performance in Earnfare activity.

 

 

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1        (3) To the extent appropriate slots are available, the
2    Illinois Department of Human Services shall assign
3    Earnfare participants to Earnfare activities based on an
4    assessment of the person's age, literacy, education,
5    educational achievement, job training, work experience,
6    and recent institutionalization, whenever these factors
7    are known to the Department of Human Services or to the
8    contractor and are relevant to the individual's success in
9    carrying out the assigned activities and in ultimately
10    obtaining employment.
11        (4) The Department of Human Services shall consider
12    the participant's preferences and personal employment
13    goals in making assignments to the extent administratively
14    possible and to the extent that resources allow.
15        (5) The Department of Human Services may enter into
16    cooperative agreements with local governmental units
17    (which may, in turn, enter into agreements with
18    not-for-profit community based organizations): with other
19    public, including State, agencies; directly with
20    not-for-profit community based organizations, and with
21    private employers to create Earnfare activities for
22    program participants.
23        (6) To the extent resources permit, the Department of
24    Human Services shall provide the Earnfare participants
25    with the costs of transportation in looking for work and
26    in getting to and from the assigned Earnfare job site and

 

 

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1    initial expenses of employment.
2        (7) All income and asset limitations of the Federal
3    SNAP Program will govern continued Earnfare participation,
4    except that court ordered participants shall participate
5    for 6 months unless the court orders otherwise.
6        (8) Earnfare participants shall not displace or
7    substitute for regular, full time or part time employees,
8    regardless of whether or not the employee is currently
9    working, on a leave of absence or in a position or similar
10    position where a layoff has taken place or the employer
11    has terminated the employment of any regular employee or
12    otherwise reduced its workforce with the effect of filling
13    the vacancy so created with a participant subsidized under
14    this program, or is or has been involved in a labor dispute
15    between a labor organization and the sponsor.
16        (9) Persons who fail to cooperate with the SNAP E&T
17    program in counties where available program slots exist
18    for at least the majority of that county's current work
19    registrants shall become ineligible for SNAP benefits
20    according to SNAP regulations, and for Earnfare
21    participation. Failure to participate in Earnfare for all
22    of the hours assigned is not a failure to cooperate unless
23    so established by the employer pursuant to Department of
24    Human Services rules. If a person who is ordered by a court
25    of competent jurisdiction to participate in the Earnfare
26    Program fails to cooperate with the Program, the person

 

 

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1    shall be referred to the court for failure to comply with
2    the court order.
3(Source: P.A. 101-566, eff. 8-23-19.)
 
4    Section 10. The Non-Support Punishment Act is amended by
5changing Section 15 as follows:
 
6    (750 ILCS 16/15)
7    Sec. 15. Failure to support.
8    (a) A person commits the offense of failure to support
9when he or she:
10        (1) willfully, without any lawful excuse, refuses to
11    provide for the support or maintenance of his or her
12    spouse, with the knowledge that the spouse is in need of
13    such support or maintenance, or, without lawful excuse,
14    deserts or willfully refuses to provide for the support or
15    maintenance of his or her child or children in need of
16    support or maintenance and the person has the ability to
17    provide the support; or
18        (2) willfully fails to pay a support obligation
19    required under a court or administrative order for
20    support, if the obligation has remained unpaid for a
21    period longer than 6 months, or is in arrears in an amount
22    greater than $5,000, and the person has the ability to
23    provide the support; or
24        (3) leaves the State with the intent to evade a

 

 

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1    support obligation required under a court or
2    administrative order for support, if the obligation,
3    regardless of when it accrued, has remained unpaid for a
4    period longer than 6 months, or is in arrears in an amount
5    greater than $10,000; or
6        (4) willfully fails to pay a support obligation
7    required under a court or administrative order for
8    support, if the obligation has remained unpaid for a
9    period longer than one year, or is in arrears in an amount
10    greater than $20,000, and the person has the ability to
11    provide the support.
12    (a-5) Presumption of ability to pay support. The existence
13of a court or administrative order of support that was not
14based on a default judgment and was in effect for the time
15period charged in the indictment or information creates a
16rebuttable presumption that the obligor has the ability to pay
17the support obligation for that time period.
18    (b) Sentence. A person convicted of a first offense under
19subdivision (a)(1) or (a)(2) is guilty of a Class A
20misdemeanor. A person convicted of an offense under
21subdivision (a)(3) or (a)(4) or a second or subsequent offense
22under subdivision (a)(1) or (a)(2) is guilty of a Class 4
23felony.
24    (c) Expungement. A person convicted of a first offense
25under subdivision (a)(1) or (a)(2) who is eligible for the
26SNAP E&T program Earnfare program, shall, in lieu of the

 

 

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1sentence prescribed in subsection (b), be referred to the SNAP
2E&T program Earnfare program. Upon certification of completion
3of the SNAP E&T program Earnfare program, the conviction shall
4be expunged. If the person fails to successfully complete the
5SNAP E&T program Earnfare program, he or she shall be
6sentenced in accordance with subsection (b).
7    (d) Fine. Sentences of imprisonment and fines for offenses
8committed under this Act shall be as provided under Articles 8
9and 9 of Chapter V of the Unified Code of Corrections, except
10that the court shall order restitution of all unpaid support
11payments and may impose the following fines, alone, or in
12addition to a sentence of imprisonment under the following
13circumstances:
14        (1) from $1,000 to $5,000 if the support obligation
15    has remained unpaid for a period longer than 2 years, or is
16    in arrears in an amount greater than $1,000 and not
17    exceeding $10,000;
18        (2) from $5,000 to $10,000 if the support obligation
19    has remained unpaid for a period longer than 5 years, or is
20    in arrears in an amount greater than $10,000 and not
21    exceeding $20,000; or
22        (3) from $10,000 to $25,000 if the support obligation
23    has remained unpaid for a period longer than 8 years, or is
24    in arrears in an amount greater than $20,000.
25    (e) Restitution shall be ordered in an amount equal to the
26total unpaid support obligation as it existed at the time of

 

 

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1sentencing. Any amounts paid by the obligor shall be allocated
2first to current support and then to restitution ordered and
3then to fines imposed under this Section.
4    (f) For purposes of this Act, the term "child" shall have
5the meaning ascribed to it in Section 505 of the Illinois
6Marriage and Dissolution of Marriage Act.
7(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)