Full Text of SB1791 101st General Assembly
SB1791enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 12-4.4 as follows:
| 6 | | (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
| 7 | | Sec. 12-4.4. Administration of federally-aided programs. | 8 | | Direct
County Departments of Public Aid in the administration | 9 | | of
the federally
funded Supplemental Nutrition Assistance | 10 | | (SNAP) Program food stamp program , programs to aid refugees and | 11 | | Articles III,
IV, and V of this Code.
| 12 | | The
Illinois Department of Human Services
shall operate a | 13 | | SNAP Employment and Training (SNAP E&T) program Food Stamp | 14 | | Employment and Training (FSE&T) program in
compliance with | 15 | | federal law. The SNAP E&T FSE&T program may only be mandatory | 16 | | in counties where the Department can show that there are | 17 | | sufficient program slots for at least the majority of the | 18 | | county's current non-exempt work registrants as described in | 19 | | Section 11-20 of this Code. Nothing in this Section shall | 20 | | prevent the Department from operating a fully voluntary SNAP | 21 | | E&T program. The SNAP E&T program will have an Earnfare
| 22 | | component. The Earnfare component shall be available in | 23 | | selected geographic
areas based on criteria established by the |
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| 1 | | Illinois Department of Human
Services by rule.
Participants in | 2 | | Earnfare will, to the extent resources allow, earn their
| 3 | | assistance. Participation in the Earnfare program is | 4 | | voluntary, except when
ordered by a court of competent | 5 | | jurisdiction. Eligibility for Earnfare may
be limited to only 6 | 6 | | months out of any 12 consecutive month period. Clients are
not | 7 | | entitled to be placed in an Earnfare slot. Earnfare slots shall | 8 | | be made
available only as resources permit. Earnfare shall be | 9 | | available to persons
receiving SNAP benefits food stamps who | 10 | | meet eligibility criteria established by the Illinois
| 11 | | Department of Human Services by rule.
The Illinois Department | 12 | | may, by rule, extend the Earnfare Program to clients
who do not | 13 | | receive SNAP benefits food stamps .
Receipt of SNAP benefits | 14 | | food stamps is not an
eligibility requirement of
Earnfare when | 15 | | a court of competent jurisdiction orders an individual to
| 16 | | participate in the Earnfare Program. To
the extent resources | 17 | | permit, the Earnfare program will allow participants
to engage | 18 | | in work-related activities to earn monthly financial | 19 | | assistance
payments and to improve participants' employability | 20 | | in order for them to
succeed in obtaining employment. The | 21 | | Illinois Department of Human Services may enter into
contracts | 22 | | with other public agencies including State agencies, with local
| 23 | | governmental units, and with not-for-profit community based | 24 | | organizations
to carry out the elements of the Program that the | 25 | | Department of Human Services deems appropriate.
| 26 | | The Earnfare Program shall contain the following elements:
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| 1 | | (1) To the extent resources allow and slots exist, the | 2 | | Illinois Department of Human Services
shall refer | 3 | | recipients of SNAP benefits food stamp assistance who meet | 4 | | eligibility criteria,
as established by rule. Receipt of | 5 | | SNAP benefits food stamps is not an eligibility
requirement | 6 | | of Earnfare when a court of competent jurisdiction orders | 7 | | an
individual to participate in the Earnfare Program.
| 8 | | (2) Persons participating in Earnfare shall engage in | 9 | | employment
assigned activities equal to the amount of the | 10 | | SNAP food stamp benefits divided
by the State or federal | 11 | | minimum wage, whichever is higher, and subsequently shall | 12 | | earn minimum wage
assistance for each additional hour of | 13 | | performance in Earnfare activity.
Earnfare participants | 14 | | shall be offered the opportunity to earn up to $154. The
| 15 | | Department of Human Services may establish a higher amount | 16 | | by rule provided resources permit.
If a court of competent | 17 | | jurisdiction orders an individual to participate in
the | 18 | | Earnfare program, hours engaged in employment assigned | 19 | | activities shall
first be applied for a $50 payment made to | 20 | | the custodial parent as a support
obligation. If the | 21 | | individual receives SNAP benefits food stamps , the | 22 | | individual shall
engage in employment assigned activities | 23 | | equal to the amount of the SNAP food stamp
benefits divided | 24 | | by the State or
federal minimum wage, whichever is higher, | 25 | | and subsequently shall earn
State or federal minimum wage | 26 | | assistance, whichever is higher, for each additional hour |
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| 1 | | of performance in Earnfare
activity.
| 2 | | (3) To the extent appropriate slots are available, the | 3 | | Illinois
Department of Human Services shall assign | 4 | | Earnfare participants to Earnfare activities based
on an | 5 | | assessment of the person's age, literacy, education, | 6 | | educational
achievement, job training, work experience, | 7 | | and recent institutionalization,
whenever these factors | 8 | | are known to the Department of Human Services or to the | 9 | | contractor and
are relevant to the individual's success in | 10 | | carrying out the assigned
activities and in ultimately | 11 | | obtaining employment.
| 12 | | (4) The Department of Human Services shall consider the | 13 | | participant's preferences and
personal employment goals in | 14 | | making assignments to the extent
administratively possible | 15 | | and to the extent that resources allow.
| 16 | | (5) The Department of Human Services may enter into | 17 | | cooperative agreements with local
governmental units | 18 | | (which may, in turn, enter into agreements with
| 19 | | not-for-profit community based organizations): with other | 20 | | public, including
State, agencies; directly with | 21 | | not-for-profit community based organizations,
and with | 22 | | private employers to create Earnfare activities for | 23 | | program
participants.
| 24 | | (6) To the extent resources permit, the Department of | 25 | | Human Services shall provide the
Earnfare participants | 26 | | with the costs of transportation in looking for work
and in |
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| 1 | | getting to and from the assigned Earnfare job site and | 2 | | initial
expenses of employment.
| 3 | | (7) All income and asset limitations of the Federal | 4 | | SNAP Food Stamp Program
will govern continued Earnfare | 5 | | participation, except that court ordered
participants | 6 | | shall participate for 6 months unless the court orders | 7 | | otherwise.
| 8 | | (8) Earnfare participants shall not displace or | 9 | | substitute for regular,
full time or part time employees, | 10 | | regardless of whether or not the employee
is currently | 11 | | working, on a leave of absence or in a position or similar
| 12 | | position where a layoff has taken place or the employer has | 13 | | terminated the
employment of any regular employee or | 14 | | otherwise reduced its workforce with
the effect of filling | 15 | | the vacancy so created with a participant subsidized
under | 16 | | this program, or is or has been involved in a labor dispute | 17 | | between a
labor organization and the sponsor.
| 18 | | (9) Persons who fail to cooperate with the SNAP E&T | 19 | | FSE&T program in counties where available program slots | 20 | | exist for at least the majority of that county's current | 21 | | work registrants shall become
ineligible for SNAP benefits | 22 | | food stamp assistance according to SNAP Food Stamp | 23 | | regulations,
and for Earnfare participation. Failure to | 24 | | participate in Earnfare for all
of the hours assigned is | 25 | | not a failure to cooperate unless so established
by the | 26 | | employer pursuant to Department of Human Services rules.
If |
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| 1 | | a person who is ordered by a court of competent | 2 | | jurisdiction to
participate in the Earnfare Program fails | 3 | | to cooperate with the Program, the
person shall be referred | 4 | | to the court for failure to comply with the court
order.
| 5 | | (Source: P.A. 94-533, eff. 8-10-05.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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