093_HB3022ham001

 










                                     LRB093 10021 DRJ 12961 a

 1                    AMENDMENT TO HOUSE BILL 3022

 2        AMENDMENT NO.     .  Amend House Bill 3022  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois Public Aid Code is amended by
 5    changing  Sections  9A-3,  9A-5,  9A-7,  9A-8,  and  9A-9  as
 6    follows:

 7        (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
 8        Sec.  9A-3.  Establishment  of  Program  and   Level   of
 9    Services.
10        (a)  The Illinois Department shall establish and maintain
11    a program to provide recipients with services consistent with
12    the  purposes  and  provisions  of this Article.  The program
13    offered in different counties of the State may vary depending
14    on the resources available to the State to provide a  program
15    under  this  Article,  and  no program may be offered in some
16    counties, depending on the resources available.  Services may
17    be provided directly by the Illinois  Department  or  through
18    contract.   References to the Illinois Department or staff of
19    the Illinois Department shall include  contractors  when  the
20    Illinois  Department  has  entered  into  contracts for these
21    purposes.   The  Illinois  Department  shall   provide   each
22    recipient who participates with such services available under
 
                            -2-      LRB093 10021 DRJ 12961 a
 1    the  program  as  are  necessary to achieve his employability
 2    plan as specified in the plan.
 3        (b)  The Illinois Department, in operating  the  program,
 4    shall   cooperate  with  public  and  private  education  and
 5    vocational training or retraining agencies or facilities, the
 6    Illinois State Board of  Education,  the  Illinois  Community
 7    College  Board,  the  Departments  of Employment Security and
 8    Commerce  and   Community   Affairs   or   other   sponsoring
 9    organizations  funded  under the federal Workforce Investment
10    Job Training Partnership Act and  other  public  or  licensed
11    private employment agencies.
12    (Source: P.A. 92-111, eff. 1-1-02.)

13        (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
14        Sec. 9A-5.  Exempt recipients.
15        (a)  Exempt  recipients  under Section 9A-4 may volunteer
16    to participate.
17        (b)  Services will be offered to  exempt  and  non-exempt
18    individuals  who wish to volunteer to participate only to the
19    extent resources permit.
20        (c)  Exempt and non-exempt individuals who  volunteer  to
21    participate  become  program  participants upon completion of
22    the initial  assessment,  development  of  the  employability
23    plan, and assignment to a component. An exempt individual who
24    volunteers  to  participate  may  not  be  sanctioned for not
25    meeting program requirements. Volunteers who fail  to  attend
26    the  orientation  or initial assessment meetings or both will
27    not be sanctioned.  Exempt  and  non-exempt  individuals  who
28    attend   the   orientation   meeting   and   become   program
29    participants    by   completing   the   initial   assessment,
30    development of the employability plan, and  assignment  to  a
31    component  may  be  sanctioned  if  they  do not meet program
32    requirements without good cause.
33    (Source: P.A. 92-111, eff. 1-1-02.)
 
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 1        (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
 2        Sec. 9A-7.  Good Cause and Pre-Sanction Process.
 3          The Department shall establish by rule what constitutes
 4    good cause for failure to participate in education,  training
 5    and   employment   programs,   failure   to  accept  suitable
 6    employment or terminating employment or reducing earnings.
 7        The Department shall establish, by rule,  a  pre-sanction
 8    process   to  assist  in  resolving  disputes  over  proposed
 9    sanctions and in determining if good cause exists. Good cause
10    shall include, but not be limited to:
11             (1)  temporary illness for its duration;
12             (2)  court   required   appearance   or    temporary
13        incarceration;
14             (3)  (blank);
15             (4)  death in the family;
16             (5)  (blank);
17             (6)  (blank);
18             (7)  (blank);
19             (8)  (blank);
20             (9)  extreme inclement weather;
21             (10)  (blank);
22             (11)  lack  of  any  support service even though the
23        necessary service is not specifically provided under  the
24        Department  program, to the extent the lack of the needed
25        service presents a significant barrier to participation;
26             (12)  if an individual is engaged in  employment  or
27        training  or  both that is consistent with the employment
28        related goals of the  program,  if  such  employment  and
29        training is later approved by Department staff;
30             (13)  (blank);
31             (14)  failure   of  Department  staff  to  correctly
32        forward the information to other Department staff;
33             (15)  failure  of  the  participant   to   cooperate
34        because  of  attendance at a test or a mandatory class or
 
                            -4-      LRB093 10021 DRJ 12961 a
 1        function at an educational program  (including  college),
 2        when  an  education  or  training  program  is officially
 3        approved by the Department;
 4             (16)  failure of the participant due to his  or  her
 5        illiteracy;
 6             (17)  failure  of  the  participant  because  it  is
 7        determined  that  he  or  she  should  be  in a different
 8        activity;
 9             (18)  non-receipt by the  participant  of  a  notice
10        advising  him  or her of a participation requirement., if
11        documented by the participant. Documentation can include,
12        but is not limited to: a written statement from the  post
13        office  or other informed individual: the notice not sent
14        to the participant's last  known  address  in  Department
15        records;  return  of the notice by the post office; other
16        returned mail; proof of  previous  mail  theft  problems.
17        When  determining  whether  or  not  the  participant has
18        demonstrated non-receipt, the Department shall take  into
19        consideration  a  participant's history of cooperation or
20        non-cooperation  in  the   past.    If   the   documented
21        non-receipt  of  mail  occurs  frequently, the Department
22        shall explore an alternative means of  providing  notices
23        of participation requests to participants;
24             (19)  (blank);
25             (20)  non-comprehension  of  English, either written
26        or oral or both;
27             (21)  (blank);
28             (22)  (blank);
29             (23)  child care (or day care for  an  incapacitated
30        individual  living in the same home as a dependent child)
31        is necessary for the participation or employment and such
32        care is not available for a child under age 13;
33             (24)  failure to participate in an activity due to a
34        scheduled job  interview,  medical  appointment  for  the
 
                            -5-      LRB093 10021 DRJ 12961 a
 1        participant or a household member, or school appointment;
 2             (25)  the    individual   is   homeless.    Homeless
 3        individuals  (including  the  family)  have  no   current
 4        residence and no expectation of acquiring one in the next
 5        30 days.  This includes individuals residing in overnight
 6        and  transitional  (temporary)  shelters.   This does not
 7        include individuals who  are  sharing  a  residence  with
 8        friends or relatives on a continuing basis;
 9             (26)  circumstances   beyond   the  control  of  the
10        participant which prevent the participant from completing
11        program requirements; or
12             (27)  (blank).
13        (b)  (Blank).
14        (c) (1)  The Department shall establish a  reconciliation
15        procedure  to assist in resolving disputes related to any
16        aspect  of  participation,  including  exemptions,   good
17        cause,   sanctions   or  proposed  sanctions,  supportive
18        services, assessments, responsibility and service  plans,
19        assignment  to  activities, suitability of employment, or
20        refusals   of   offers   of   employment.   Through   the
21        reconciliation  process  the  Department  shall  have   a
22        mechanism  to identify good cause, ensure that the client
23        is aware of the issue, and enable the client  to  perform
24        required activities without facing sanction.
25             (2)  A  participant  may  request reconciliation and
26        receive notice in writing of a meeting.    At  least  one
27        face-to-face   meeting   may   be  scheduled  to  resolve
28        misunderstandings or  disagreements  related  to  program
29        participation   and   situations  which  may  lead  to  a
30        potential  sanction.   The  meeting  will   address   the
31        underlying  reason  for the dispute and plan a resolution
32        to  enable  the  individual  to   participate   in   TANF
33        employment and work activity requirements.
34             (2.5)  If  the  individual  fails  to  appear at the
 
                            -6-      LRB093 10021 DRJ 12961 a
 1        reconciliation   meeting   without   good   cause,    the
 2        reconciliation  is  unsuccessful  and a sanction shall be
 3        imposed.
 4             (3)  The reconciliation process shall continue after
 5        it is determined that the individual did  not  have  good
 6        cause  for  non-cooperation.  Any necessary demonstration
 7        of cooperation on the part of  the  participant  will  be
 8        part   of   the   reconciliation   process.   Failure  to
 9        demonstrate  cooperation   will   result   in   immediate
10        sanction.
11             (4)  For  the  first instance of non-cooperation, if
12        the client reaches agreement  to  cooperate,  the  client
13        shall  be  allowed  30  days  to  demonstrate cooperation
14        before any sanction activity  may  be  imposed.   In  any
15        subsequent instances of non-cooperation, the client shall
16        be  provided the opportunity to show good cause or remedy
17        the  situation  by   immediately   complying   with   the
18        requirement.
19             (5)  The  Department  shall  document  in  the  case
20        record  the proceedings of the reconciliation and provide
21        the client in writing with a reconciliation agreement.
22             (6)  If  reconciliation  resolves  the  dispute,  no
23        sanction shall be imposed. If the client fails to  comply
24        with  the  reconciliation agreement, the Department shall
25        then immediately impose the  original  sanction.  If  the
26        dispute  cannot  be  resolved  during  reconciliation,  a
27        sanction  shall  not  be imposed until the reconciliation
28        process is complete.
29    (Source: P.A. 90-17, eff. 7-1-97.)

30        (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
31        Sec. 9A-8.  Operation of Program.
32        (a)  At the time of  application  or  redetermination  of
33    eligibility  under  Article  IV,  as  determined by rule, the
 
                            -7-      LRB093 10021 DRJ 12961 a
 1    Illinois Department shall provide information in writing  and
 2    orally  regarding  the  education,  training  and  employment
 3    program  to  all  applicants and recipients.  The information
 4    required shall be established by rule and shall include,  but
 5    need not be limited to:
 6             (1)  education    (including   literacy   training),
 7        employment  and  training  opportunities  available,  the
 8        criteria for approval of  those  opportunities,  and  the
 9        right  to  request changes in the personal responsibility
10        and services plan to include those opportunities;
11             (1.1) a complete list of  all  activities  that  are
12        approvable  activities, and the circumstances under which
13        they are approvable, including work activities, substance
14        abuse or mental health treatment,  activities  to  escape
15        and  prevent  domestic  violence,  caring for a medically
16        impaired  family  member,  and   any   other   approvable
17        activities, together with the right to and procedures for
18        amending  the responsibility and services plan to include
19        these activities;
20             (1.2) the  rules concerning the  lifetime  limit  on
21        eligibility,   including   the   current  status  of  the
22        applicant  or  recipient  in  terms  of  the  months   of
23        remaining  eligibility,  the criteria under which a month
24        will not  count  towards  the  lifetime  limit,  and  the
25        criteria  under  which  a  recipient may receive benefits
26        beyond the end of the lifetime limit;
27             (2)  supportive services including  child  care  and
28        the  rules  regarding  eligibility  for and access to the
29        child care assistance  program,  transportation,  initial
30        expenses  of  employment,  job retention, books and fees,
31        and any other supportive services;
32             (3)  the obligation of  the  Department  to  provide
33        supportive services;
34             (4)  the     rights    and    responsibilities    of
 
                            -8-      LRB093 10021 DRJ 12961 a
 1        participants,     including     exemption,      sanction,
 2        reconciliation,  and  good cause criteria and procedures,
 3        termination for non-cooperation and  reinstatement  rules
 4        and procedures, and appeal and grievance procedures; and
 5             (5)  the types and locations of child care services.
 6        (b)  The  Illinois  Department shall notify the recipient
 7    in writing of the opportunity to volunteer to participate  in
 8    the program.
 9        (c)  (Blank).
10        (d)  As   part   of   the  personal  plan  for  achieving
11    employment and self-sufficiency, the Department shall conduct
12    an   individualized   assessment   of    the    participant's
13    employability.   Except  as to participation in the Get-A-Job
14    Program,   No participant may be assigned to any component of
15    the education, training and employment activity prior to such
16    assessment , provided that a participant may be  assigned  up
17    to  4 weeks of Job Search prior to such assessment.  The plan
18    shall include collection of information on  the  individual's
19    background,  proficiencies,  skills  deficiencies,  education
20    level,  work history, employment goals, interests, aptitudes,
21    and employment preferences,  as  well  as  factors  affecting
22    employability  or  ability to meet participation requirements
23    (e.g., health, physical or mental  limitations,  child  care,
24    family circumstances, domestic violence, substance abuse, and
25    special  needs  of any child of the individual).   As part of
26    the  plan,  individuals  and  Department  staff  shall   work
27    together to identify any supportive service needs required to
28    enable  the  client to participate and meet the objectives of
29    his  or  her  employability  plan.  The  assessment  may   be
30    conducted   through   various  methods  such  as  interviews,
31    testing, counseling, and self-assessment instruments.  In the
32    assessment process, the Department  shall  offer  to  include
33    standard  literacy  testing  and  a  determination of English
34    language proficiency and  shall  provide  it  for  those  who
 
                            -9-      LRB093 10021 DRJ 12961 a
 1    accept  the offer. for those who display a potential need for
 2    literacy or language services.  For those individuals subject
 3    to a job search demonstration, there may  be  an  abbreviated
 4    assessment,  as defined by rule. Based on the assessment, the
 5    individual will be assigned to the appropriate activity.  The
 6    decision will be based on a determination of the individual's
 7    level of preparation for employment as defined by rule.
 8        (e)  Recipients determined to be exempt may volunteer  to
 9    participate pursuant to Section 9A-4 and must be assessed.
10        (f)  As   part   of   the  personal  plan  for  achieving
11    employment  and  self-sufficiency  under  Section   4-1,   an
12    employability  plan  for  recipients  shall  be  developed in
13    consultation with the participant.  The Department shall have
14    final responsibility for approving  the  employability  plan.
15    The employability plan shall:
16             (1)  contain an employment goal of the participant;
17             (2)  describe  the  services  to  be provided by the
18        Department,  including  child  care  and  other   support
19        services;
20             (3)  describe  the  activities,  such  as  component
21        assignment, that will be undertaken by the participant to
22        achieve the employment goal; and
23             (4)  describe  any  other  needs  of the family that
24        might be met by the Department.
25        (g)  The employability plan shall take into account:
26             (1)  available program resources;
27             (2)  the participant's support service needs;
28             (3)  the participant's skills level and aptitudes;
29             (4)  local employment opportunities; and
30             (5)  the preferences of the participant.
31        (h)  A  reassessment  shall  be  conducted  to  assess  a
32    participant's progress and to review the  employability  plan
33    on the following occasions:
34             (1)  upon  completion  of  an  activity  and  before
 
                            -10-     LRB093 10021 DRJ 12961 a
 1        assignment to an activity;
 2             (2)  upon the request of the participant;
 3             (3)  if  the  individual is not cooperating with the
 4        requirements of the program; and
 5             (4)  if  the   individual   has   failed   to   make
 6        satisfactory   progress   in  an  education  or  training
 7        program.
 8        Based on the reassessment, the Department may revise  the
 9    employability plan of the participant.
10    (Source: P.A. 90-17, eff. 7-1-97; 91-331, eff. 7-29-99.)

11        (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
12        Sec.  9A-9.  Program  Activities.   The  Department shall
13    establish education, training  and  placement  activities  by
14    rule.   Not  all  of  the same activities need be provided in
15    each county in the State.  Such activities  may  include  the
16    following:
17        (a)  Education  (Below post secondary).  In the Education
18    (below post  secondary)  activity,  the  individual  receives
19    information,   referral,   counseling  services  and  support
20    services to increase the individual's  employment  potential.
21    Participants  may  be  referred  to  testing,  counseling and
22    education resources.   Educational  activities  will  include
23    basic  and  remedial  education; English proficiency classes;
24    high school or its equivalency  (e.g.,  GED)  or  alternative
25    education  at  the  secondary level; and with any educational
26    program,  structured  study  time   to   enhance   successful
27    participation.  An individual's participation in an education
28    program such as literacy, basic adult education, high  school
29    equivalency  (GED), or a remedial program shall be limited to
30    2  years  unless  the   individual   also   is   working   or
31    participating  in  a  work  activity approved by the Illinois
32    Department as defined by  rule;  this  requirement  does  not
33    apply, however, to students enrolled in high school.
 
                            -11-     LRB093 10021 DRJ 12961 a
 1        (b)  Job   Skills   Training  (Vocational).   Job  Skills
 2    Training is designed to increase the individual's ability  to
 3    obtain   and   maintain   employment.   Job  Skills  Training
 4    activities will include vocational skill classes designed  to
 5    increase  a  participant's  ability  to  obtain  and maintain
 6    employment.  Job  Skills  Training  may  include  certificate
 7    programs.
 8        (c)  Job   Readiness.   The  job  readiness  activity  is
 9    designed to enhance the quality of the individual's level  of
10    participation  in  the  world  of  work  while  learning  the
11    necessary  essentials to obtain and maintain employment. This
12    activity helps individuals gain  the  necessary  job  finding
13    skills to help them find and retain employment that will lead
14    to economic independence.
15        (d)  Job   Search.    Job   Search   may   be   conducted
16    individually  or in groups. Job Search includes the provision
17    of counseling, job seeking skills  training  and  information
18    dissemination.  Group  job  search  may include training in a
19    group session.  Assignment exclusively to job  search  cannot
20    be  in  excess  of 8 consecutive weeks (or its equivalent) in
21    any period of 12 consecutive months.
22        (e)  Work Experience.  Work Experience assignments may be
23    with private employers or not-for-profit or  public  agencies
24    in the State.  The Illinois Department shall provide workers'
25    compensation coverage.  Participants who are not members of a
26    2-parent  assistance unit may not be assigned more hours than
27    their cash grant amount  plus  food  stamps  divided  by  the
28    minimum  wage.   Private  employers  and  not-for-profit  and
29    public agencies shall not use Work Experience participants to
30    displace  regular employees.  Participants in Work Experience
31    may perform work in  the  public  interest  (which  otherwise
32    meets  the requirements of this Section) for a federal office
33    or  agency  with  its  consent,   and   notwithstanding   the
34    provisions  of 31 U.S.C. 1342, or any other provision of law,
 
                            -12-     LRB093 10021 DRJ 12961 a
 1    such agency may accept such services, but participants  shall
 2    not  be  considered  federal  employees  for  any purpose.  A
 3    participant shall be reassessed at the end of  assignment  to
 4    Work  Experience.   The participant may be reassigned to Work
 5    Experience or assigned to  another  activity,  based  on  the
 6    reassessment.
 7        (f)  On  the  Job  Training.   In  On the Job Training, a
 8    participant is hired by a  private  or  public  employer  and
 9    while  engaged  in  productive  work  receives  training that
10    provides knowledge or skills essential to full  and  adequate
11    performance of the job.
12        (g)  Work  Supplementation.  In work supplementation, the
13    Department pays a wage subsidy to an  employer  who  hires  a
14    participant.   The  cash  grant  which  a  participant  would
15    receive  if  not  employed  is diverted and the diverted cash
16    grant is used to pay the wage subsidy.
17        (h)  Post Secondary Education.  Post secondary  education
18    must be administered by an educational institution accredited
19    under requirements of State law.  The Illinois Department may
20    not    approve   an   individual's   participation   in   any
21    post-secondary  education  program,  other  than   full-time,
22    short-term vocational training for a specific job, unless the
23    individual  also  is  employed  part-time,  as defined by the
24    Illinois Department by rule.
25        (i)  Self  Initiated  Education.   Participants  who  are
26    attending an institution of higher education or a  vocational
27    or  technical  program  of  their own choosing and who are in
28    good standing, may continue to attend and receive  supportive
29    services  only  if the educational program is approved by the
30    Department, and  is  in  conformity  with  the  participant's
31    personal  plan  for achieving employment and self-sufficiency
32    and the participant is employed part-time, as defined by  the
33    Illinois Department by rule.
34        (j)  Job  Development  and  Placement.   Department staff
 
                            -13-     LRB093 10021 DRJ 12961 a
 1    shall  develop  through  contacts  with  public  and  private
 2    employers unsubsidized job  openings  for  participants.  Job
 3    interviews  will  be  secured for clients by the marketing of
 4    participants  for   specific   job   openings.    Job   ready
 5    individuals may be assigned to Job Development and Placement.
 6        (k)  Job   Retention.  The  job  retention  component  is
 7    designed to  assist  participants  in  retaining  employment.
 8    Initial  employment  expenses  and job retention services are
 9    provided.   The  individual's  support  service   needs   are
10    assessed and the individual receives counseling regarding job
11    retention skills.
12        (l)  (Blank).
13        (l-5)  Transitional    Jobs.   These   programs   provide
14    temporary wage-paying work combined with case management  and
15    other   social   services   designed  to  address  employment
16    barriers.  The  wage-paying  work  is  treated   as   regular
17    employment   for  all  purposes  under  this  Code,  and  the
18    additional activities, as determined by the Transitional Jobs
19    provider, shall be countable  work  activities.  The  program
20    must  comply  with  the  anti-displacement provisions of this
21    Code governing the Work Experience program.
22        (m)  Pay-after-performance  Program.   A  parent  may  be
23    required to participate in a pay-after-performance program in
24    which the parent must work a specified  number  of  hours  to
25    earn  the grant.  The program shall comply with provisions of
26    this Code governing work experience programs.
27        (n)  Community  Service.   Community   service   includes
28    unpaid work that the client performs in his or her community,
29    such as for a school, church, government agency, or nonprofit
30    organization.  A participant whose youngest child is 13 years
31    of  age or older may be required to perform at least 20 hours
32    of community service per week as a condition  of  eligibility
33    for aid under Article IV.  The Illinois Department shall give
34    priority  to  community service placements in public schools,
 
                            -14-     LRB093 10021 DRJ 12961 a
 1    where participants can serve as hall and lunchroom  monitors,
 2    assist teachers, and perform other appropriate services.
 3    (Source:  P.A.  89-289,  eff.  1-1-96;  90-17,  eff.  7-1-97;
 4    90-457, eff. 1-1-98; 90-655, eff. 7-30-98.)

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.".