HB3023enr 93rd General Assembly


HB3023 Enrolled                      LRB093 10034 DRJ 10285 b

 1        AN ACT in relation to 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  Sections  4-2,  9A-3, 9A-5, 9A-7, 9A-8, 9A-9, 11-1,
 6    and 11-20.1 as follows:

 7        (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
 8        Sec. 4-2.  Amount of aid.
 9        (a)  The amount and nature  of  financial  aid  shall  be
10    determined  in  accordance  with the grant amounts, rules and
11    regulations of the Illinois Department.  Due regard shall  be
12    given  to the self-sufficiency requirements of the family and
13    to the income, money  contributions  and  other  support  and
14    resources  available,  from  whatever  source.   However, the
15    amount and nature of any financial aid is not affected by the
16    payment of any grant under the "Senior Citizens and  Disabled
17    Persons  Property  Tax  Relief  and Pharmaceutical Assistance
18    Act" or any distributions or items of income described  under
19    subparagraph  (X)  of  paragraph  (2)  of  subsection  (a) of
20    Section 203 of the Illinois Income Tax Act.  The aid shall be
21    sufficient,  when  added   to   all   other   income,   money
22    contributions  and support to provide the family with a grant
23    in the amount established by Department regulation.
24        (b)  The  Illinois   Department   may   conduct   special
25    projects,  which  may  be  known as Grant Diversion Projects,
26    under which recipients of financial aid  under  this  Article
27    are  placed  in  jobs  and  their  grants are diverted to the
28    employer who in turn makes payments to the recipients in  the
29    form  of  salary  or other employment benefits.  The Illinois
30    Department shall by rule specify the terms and conditions  of
31    such Grant Diversion Projects.  Such projects shall take into
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 1    consideration   and   be   coordinated   with   the  programs
 2    administered  under   the   Illinois   Emergency   Employment
 3    Development Act.
 4        (c)  The  amount  and  nature  of the financial aid for a
 5    child requiring care outside his own home shall be determined
 6    in accordance with the rules and regulations of the  Illinois
 7    Department,  with due regard to the needs and requirements of
 8    the child in the foster home or institution in which  he  has
 9    been placed.
10        (d)  If  the  Department  establishes  grants  for family
11    units consisting exclusively of  a  pregnant  woman  with  no
12    dependent  child or including her husband if living with her,
13    the grant amount for such a unit shall be equal to the  grant
14    amount  for  an assistance unit consisting of one adult, or 2
15    persons if the husband is included.   Other  than  as  herein
16    described,   an   unborn   child  shall  not  be  counted  in
17    determining the size of an assistance unit or for calculating
18    grants.
19        Payments for basic maintenance requirements of a child or
20    children and the relative with whom the child or children are
21    living  shall  be  prescribed,  by  rule,  by  the   Illinois
22    Department.
23        Grants  under  this  Article shall not be supplemented by
24    General Assistance provided under Article VI.
25        (e)  Grants shall be paid to the parent or  other  person
26    with  whom  the child or children are living, except for such
27    amount as is paid in behalf of the child  or  his  parent  or
28    other  relative to other persons or agencies pursuant to this
29    Code or the rules and regulations of the Illinois Department.
30        (f)  Subject to subsection  (f-5),  an  assistance  unit,
31    receiving  financial  aid  under  this Article or temporarily
32    ineligible to receive aid under this Article under a  penalty
33    imposed by the Illinois Department for failure to comply with
34    the  eligibility  requirements  or  that voluntarily requests
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 1    termination of financial assistance under  this  Article  and
 2    becomes subsequently eligible for assistance within 9 months,
 3    shall not receive any increase in the amount of aid solely on
 4    account  of  the birth of a child; except that an increase is
 5    not prohibited when the birth is (i) of a child of a pregnant
 6    woman who became eligible for aid under this  Article  during
 7    the pregnancy, or (ii) of a child born within 10 months after
 8    the date of implementation of this subsection, or  (iii) of a
 9    child   conceived   after  a  family  became  ineligible  for
10    assistance due to income or marriage and at least 3 months of
11    ineligibility   expired   before   any   reapplication    for
12    assistance.   This  subsection  does  not, however, prevent a
13    unit from receiving a general increase in the amount  of  aid
14    that is provided to all recipients of aid under this Article.
15        The  Illinois Department is authorized to transfer funds,
16    and shall use  any  budgetary  savings  attributable  to  not
17    increasing  the  grants  due  to  the  births  of  additional
18    children,  to  supplement existing funding for employment and
19    training services for recipients of aid  under  this  Article
20    IV.   The Illinois Department shall target, to the extent the
21    supplemental funding allows, employment and training services
22    to the families who do not receive a grant increase after the
23    birth of a child.  In addition, the Illinois Department shall
24    provide, to the extent the supplemental funding allows,  such
25    families  with  up  to  24  months of transitional child care
26    pursuant  to  Illinois  Department  rules.    All   remaining
27    supplemental  funds shall be used for employment and training
28    services or transitional child care support.
29        In making the transfers authorized  by  this  subsection,
30    the  Illinois  Department  shall first determine, pursuant to
31    regulations adopted by  the  Illinois  Department  for   this
32    purpose, the amount of savings attributable to not increasing
33    the   grants  due  to  the  births  of  additional  children.
34    Transfers   may   be   made   from   General   Revenue   Fund
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 1    appropriations  for  distributive  purposes   authorized   by
 2    Article  IV  of  this  Code  only  to  General  Revenue  Fund
 3    appropriations   for   employability   development   services
 4    including  operating  and  administrative  costs  and related
 5    distributive purposes under Article IXA  of  this  Code.  The
 6    Director,  with  the  approval of the Governor, shall certify
 7    the amount and affected line item appropriations to the State
 8    Comptroller.
 9        Nothing in this subsection shall be construed to prohibit
10    the Illinois Department from using funds under  this  Article
11    IV  to provide assistance in the form of vouchers that may be
12    used to pay for goods and services  deemed  by  the  Illinois
13    Department,  by  rule,  as suitable for the care of the child
14    such as diapers, clothing, school supplies, and cribs.
15        (f-5) Subsection  (f)  shall  not  apply  to  affect  the
16    monthly  assistance  amount  of any family as a result of the
17    birth of a child on or after January 1,  2004.  As  resources
18    permit  after  January  1,  2004,  the  Department  may cease
19    applying subsection  (f)  to  limit  assistance  to  families
20    receiving  assistance  under this Article on January 1, 2004,
21    with respect to children born prior  to  that  date.  In  any
22    event,  subsection (f) shall be completely inoperative on and
23    after July 1, 2007.
24        (g)  (Blank).
25        (h)  Notwithstanding any other provision  of  this  Code,
26    the  Illinois  Department  is  authorized  to  reduce payment
27    levels used to determine cash grants under this Article after
28    December 31 of any fiscal year  if  the  Illinois  Department
29    determines  that  the  caseload upon which the appropriations
30    for the current fiscal year are based have increased by  more
31    than  5%  and  the  appropriation is not sufficient to ensure
32    that cash benefits under  this  Article  do  not  exceed  the
33    amounts  appropriated for those cash benefits.  Reductions in
34    payment levels may be accomplished by  emergency  rule  under
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 1    Section  5-45  of  the Illinois Administrative Procedure Act,
 2    except that the limitation on the number of  emergency  rules
 3    that  may be adopted in a 24-month period shall not apply and
 4    the provisions of Sections 5-115 and 5-125  of  the  Illinois
 5    Administrative  Procedure  Act  shall not apply. Increases in
 6    payment levels shall be accomplished only in accordance  with
 7    Section  5-40  of  the Illinois Administrative Procedure Act.
 8    Before any rule to increase payment levels promulgated  under
 9    this  Section  shall  become  effective,  a  joint resolution
10    approving the rule must be adopted by a roll call vote  by  a
11    majority  of  the  members  elected  to  each  chamber of the
12    General Assembly.
13    (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)

14        (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
15        Sec.  9A-3.  Establishment  of  Program  and   Level   of
16    Services.
17        (a)  The Illinois Department shall establish and maintain
18    a program to provide recipients with services consistent with
19    the  purposes  and  provisions  of this Article.  The program
20    offered in different counties of the State may vary depending
21    on the resources available to the State to provide a  program
22    under  this  Article,  and  no program may be offered in some
23    counties, depending on the resources available.  Services may
24    be provided directly by the Illinois  Department  or  through
25    contract.   References to the Illinois Department or staff of
26    the Illinois Department shall include  contractors  when  the
27    Illinois  Department  has  entered  into  contracts for these
28    purposes.   The  Illinois  Department  shall   provide   each
29    recipient who participates with such services available under
30    the  program  as  are  necessary to achieve his employability
31    plan as specified in the plan.
32        (b)  The Illinois Department, in operating  the  program,
33    shall   cooperate  with  public  and  private  education  and
HB3023 Enrolled            -6-       LRB093 10034 DRJ 10285 b
 1    vocational training or retraining agencies or facilities, the
 2    Illinois State Board of  Education,  the  Illinois  Community
 3    College  Board,  the  Departments  of Employment Security and
 4    Commerce  and   Community   Affairs   or   other   sponsoring
 5    organizations  funded  under the federal Workforce Investment
 6    Job Training Partnership Act and  other  public  or  licensed
 7    private employment agencies.
 8    (Source: P.A. 92-111, eff. 1-1-02.)

 9        (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
10        Sec. 9A-5.  Exempt recipients.
11        (a)  Exempt  recipients  under Section 9A-4 may volunteer
12    to participate.
13        (b)  Services will be offered to  exempt  and  non-exempt
14    individuals  who wish to volunteer to participate only to the
15    extent resources permit.
16        (c)  Exempt and non-exempt individuals who  volunteer  to
17    participate  become  program  participants upon completion of
18    the initial  assessment,  development  of  the  employability
19    plan, and assignment to a component. An exempt individual who
20    volunteers  to  participate  may  not  be  sanctioned for not
21    meeting program requirements. Volunteers who fail  to  attend
22    the  orientation  or initial assessment meetings or both will
23    not be sanctioned.  Exempt  and  non-exempt  individuals  who
24    attend   the   orientation   meeting   and   become   program
25    participants    by   completing   the   initial   assessment,
26    development of the employability plan, and  assignment  to  a
27    component  may  be  sanctioned  if  they  do not meet program
28    requirements without good cause.
29    (Source: P.A. 92-111, eff. 1-1-02.)

30        (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
31        Sec. 9A-7.  Good Cause and Pre-Sanction Process.
32          The Department shall establish by rule what constitutes
HB3023 Enrolled            -7-       LRB093 10034 DRJ 10285 b
 1    good cause for failure to participate in education,  training
 2    and   employment   programs,   failure   to  accept  suitable
 3    employment or terminating employment or reducing earnings.
 4        The Department shall establish, by rule,  a  pre-sanction
 5    process   to  assist  in  resolving  disputes  over  proposed
 6    sanctions and in determining if good cause exists. Good cause
 7    shall include, but not be limited to:
 8             (1)  temporary illness for its duration;
 9             (2)  court   required   appearance   or    temporary
10        incarceration;
11             (3)  (blank);
12             (4)  death in the family;
13             (5)  (blank);
14             (6)  (blank);
15             (7)  (blank);
16             (8)  (blank);
17             (9)  extreme inclement weather;
18             (10)  (blank);
19             (11)  lack  of  any  support service even though the
20        necessary service is not specifically provided under  the
21        Department  program, to the extent the lack of the needed
22        service presents a significant barrier to participation;
23             (12)  if an individual is engaged in  employment  or
24        training  or  both that is consistent with the employment
25        related goals of the  program,  if  such  employment  and
26        training is later approved by Department staff;
27             (13)  (blank);
28             (14)  failure   of  Department  staff  to  correctly
29        forward the information to other Department staff;
30             (15)  failure  of  the  participant   to   cooperate
31        because  of  attendance at a test or a mandatory class or
32        function at an educational program  (including  college),
33        when  an  education  or  training  program  is officially
34        approved by the Department;
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 1             (16)  failure of the participant due to his  or  her
 2        illiteracy;
 3             (17)  failure  of  the  participant  because  it  is
 4        determined  that  he  or  she  should  be  in a different
 5        activity;
 6             (18)  non-receipt by the  participant  of  a  notice
 7        advising  him  or her of a participation requirement., if
 8        documented by the participant. Documentation can include,
 9        but is not limited to: a written statement from the  post
10        office  or other informed individual: the notice not sent
11        to the participant's last  known  address  in  Department
12        records;  return  of the notice by the post office; other
13        returned mail; proof of  previous  mail  theft  problems.
14        When  determining  whether  or  not  the  participant has
15        demonstrated non-receipt, the Department shall take  into
16        consideration  a  participant's history of cooperation or
17        non-cooperation  in  the   past.    If   the   documented
18        non-receipt  of  mail  occurs  frequently, the Department
19        shall explore an alternative means of  providing  notices
20        of participation requests to participants;
21             (19)  (blank);
22             (20)  non-comprehension  of  English, either written
23        or oral or both;
24             (21)  (blank);
25             (22)  (blank);
26             (23)  child care (or day care for  an  incapacitated
27        individual  living in the same home as a dependent child)
28        is necessary for the participation or employment and such
29        care is not available for a child under age 13;
30             (24)  failure to participate in an activity due to a
31        scheduled job  interview,  medical  appointment  for  the
32        participant or a household member, or school appointment;
33             (25)  the    individual   is   homeless.    Homeless
34        individuals  (including  the  family)  have  no   current
HB3023 Enrolled            -9-       LRB093 10034 DRJ 10285 b
 1        residence and no expectation of acquiring one in the next
 2        30 days.  This includes individuals residing in overnight
 3        and  transitional  (temporary)  shelters.   This does not
 4        include individuals who  are  sharing  a  residence  with
 5        friends or relatives on a continuing basis;
 6             (26)  circumstances   beyond   the  control  of  the
 7        participant which prevent the participant from completing
 8        program requirements; or
 9             (27)  (blank).
10        (b)  (Blank).
11        (c) (1)  The Department shall establish a  reconciliation
12        procedure  to assist in resolving disputes related to any
13        aspect  of  participation,  including  exemptions,   good
14        cause,   sanctions   or  proposed  sanctions,  supportive
15        services, assessments, responsibility and service  plans,
16        assignment  to  activities, suitability of employment, or
17        refusals   of   offers   of   employment.   Through   the
18        reconciliation  process  the  Department  shall  have   a
19        mechanism  to identify good cause, ensure that the client
20        is aware of the issue, and enable the client  to  perform
21        required activities without facing sanction.
22             (2)  A  participant  may  request reconciliation and
23        receive notice in writing of a meeting.    At  least  one
24        face-to-face   meeting   may   be  scheduled  to  resolve
25        misunderstandings or  disagreements  related  to  program
26        participation   and   situations  which  may  lead  to  a
27        potential  sanction.   The  meeting  will   address   the
28        underlying  reason  for the dispute and plan a resolution
29        to  enable  the  individual  to   participate   in   TANF
30        employment and work activity requirements.
31             (2.5)  If  the  individual  fails  to  appear at the
32        reconciliation   meeting   without   good   cause,    the
33        reconciliation  is  unsuccessful  and a sanction shall be
34        imposed.
HB3023 Enrolled            -10-      LRB093 10034 DRJ 10285 b
 1             (3)  The reconciliation process shall continue after
 2        it is determined that the individual did  not  have  good
 3        cause  for  non-cooperation.  Any necessary demonstration
 4        of cooperation on the part of  the  participant  will  be
 5        part   of   the   reconciliation   process.   Failure  to
 6        demonstrate  cooperation   will   result   in   immediate
 7        sanction.
 8             (4)  For  the  first instance of non-cooperation, if
 9        the client reaches agreement  to  cooperate,  the  client
10        shall  be  allowed  30  days  to  demonstrate cooperation
11        before any sanction activity  may  be  imposed.   In  any
12        subsequent instances of non-cooperation, the client shall
13        be  provided the opportunity to show good cause or remedy
14        the  situation  by   immediately   complying   with   the
15        requirement.
16             (5)  The  Department  shall  document  in  the  case
17        record  the proceedings of the reconciliation and provide
18        the client in writing with a reconciliation agreement.
19             (6)  If  reconciliation  resolves  the  dispute,  no
20        sanction shall be imposed. If the client fails to  comply
21        with  the  reconciliation agreement, the Department shall
22        then immediately impose the  original  sanction.  If  the
23        dispute  cannot  be  resolved  during  reconciliation,  a
24        sanction  shall  not  be imposed until the reconciliation
25        process is complete.
26    (Source: P.A. 90-17, eff. 7-1-97.)

27        (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
28        Sec. 9A-8.  Operation of Program.
29        (a)  At the time of  application  or  redetermination  of
30    eligibility  under  Article  IV,  as  determined by rule, the
31    Illinois Department shall provide information in writing  and
32    orally  regarding  the  education,  training  and  employment
33    program  to  all  applicants and recipients.  The information
HB3023 Enrolled            -11-      LRB093 10034 DRJ 10285 b
 1    required shall be established by rule and shall include,  but
 2    need not be limited to:
 3             (1)  education    (including   literacy   training),
 4        employment  and  training  opportunities  available,  the
 5        criteria for approval of  those  opportunities,  and  the
 6        right  to  request changes in the personal responsibility
 7        and services plan to include those opportunities;
 8             (1.1) a complete list of  all  activities  that  are
 9        approvable  activities, and the circumstances under which
10        they are approvable, including work activities, substance
11        abuse or mental health treatment,  activities  to  escape
12        and  prevent  domestic  violence,  caring for a medically
13        impaired  family  member,  and   any   other   approvable
14        activities, together with the right to and procedures for
15        amending  the responsibility and services plan to include
16        these activities;
17             (1.2) the  rules concerning the  lifetime  limit  on
18        eligibility,   including   the   current  status  of  the
19        applicant  or  recipient  in  terms  of  the  months   of
20        remaining  eligibility,  the criteria under which a month
21        will not  count  towards  the  lifetime  limit,  and  the
22        criteria  under  which  a  recipient may receive benefits
23        beyond the end of the lifetime limit;
24             (2)  supportive services including  child  care  and
25        the  rules  regarding  eligibility  for and access to the
26        child care assistance  program,  transportation,  initial
27        expenses  of  employment,  job retention, books and fees,
28        and any other supportive services;
29             (3)  the obligation of  the  Department  to  provide
30        supportive services;
31             (4)  the     rights    and    responsibilities    of
32        participants,     including     exemption,      sanction,
33        reconciliation,  and  good cause criteria and procedures,
34        termination for non-cooperation and  reinstatement  rules
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 1        and procedures, and appeal and grievance procedures; and
 2             (5)  the types and locations of child care services.
 3        (b)  The  Illinois  Department shall notify the recipient
 4    in writing of the opportunity to volunteer to participate  in
 5    the program.
 6        (c)  (Blank).
 7        (d)  As   part   of   the  personal  plan  for  achieving
 8    employment and self-sufficiency, the Department shall conduct
 9    an   individualized   assessment   of    the    participant's
10    employability.   Except  as to participation in the Get-A-Job
11    Program,   No participant may be assigned to any component of
12    the education, training and employment activity prior to such
13    assessment, provided that a participant may be assigned up to
14    4 weeks of Job Search prior to  such  assessment.   The  plan
15    shall  include  collection of information on the individual's
16    background,  proficiencies,  skills  deficiencies,  education
17    level, work history, employment goals, interests,  aptitudes,
18    and  employment  preferences,  as  well  as factors affecting
19    employability or ability to meet  participation  requirements
20    (e.g.,  health,  physical  or mental limitations, child care,
21    family circumstances, domestic violence, substance abuse, and
22    special needs of any child of the individual).   As  part  of
23    the   plan,  individuals  and  Department  staff  shall  work
24    together to identify any supportive service needs required to
25    enable the client to participate and meet the  objectives  of
26    his   or  her  employability  plan.  The  assessment  may  be
27    conducted  through  various  methods  such   as   interviews,
28    testing, counseling, and self-assessment instruments.  In the
29    assessment  process,  the  Department  shall offer to include
30    standard literacy testing  and  a  determination  of  English
31    language  proficiency  and  shall  provide  it  for those who
32    accept the offer. for those who display a potential need  for
33    literacy or language services.  For those individuals subject
34    to  a  job  search demonstration, there may be an abbreviated
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 1    assessment, as defined by rule. Based on the assessment,  the
 2    individual will be assigned to the appropriate activity.  The
 3    decision will be based on a determination of the individual's
 4    level of preparation for employment as defined by rule.
 5        (e)  Recipients  determined to be exempt may volunteer to
 6    participate pursuant to Section 9A-4 and must be assessed.
 7        (f)  As  part  of  the  personal   plan   for   achieving
 8    employment   and   self-sufficiency  under  Section  4-1,  an
 9    employability plan  for  recipients  shall  be  developed  in
10    consultation with the participant.  The Department shall have
11    final  responsibility  for  approving the employability plan.
12    The employability plan shall:
13             (1)  contain an employment goal of the participant;
14             (2)  describe the services to  be  provided  by  the
15        Department,   including  child  care  and  other  support
16        services;
17             (3)  describe  the  activities,  such  as  component
18        assignment, that will be undertaken by the participant to
19        achieve the employment goal; and
20             (4)  describe any other needs  of  the  family  that
21        might be met by the Department.
22        (g)  The employability plan shall take into account:
23             (1)  available program resources;
24             (2)  the participant's support service needs;
25             (3)  the participant's skills level and aptitudes;
26             (4)  local employment opportunities; and
27             (5)  the preferences of the participant.
28        (h)  A  reassessment  shall  be  conducted  to  assess  a
29    participant's  progress  and to review the employability plan
30    on the following occasions:
31             (1)  upon  completion  of  an  activity  and  before
32        assignment to an activity;
33             (2)  upon the request of the participant;
34             (3)  if the individual is not cooperating  with  the
HB3023 Enrolled            -14-      LRB093 10034 DRJ 10285 b
 1        requirements of the program; and
 2             (4)  if   the   individual   has   failed   to  make
 3        satisfactory  progress  in  an  education   or   training
 4        program.
 5        Based  on the reassessment, the Department may revise the
 6    employability plan of the participant.
 7    (Source: P.A. 90-17, eff. 7-1-97; 91-331, eff. 7-29-99.)

 8        (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
 9        Sec. 9A-9.  Program  Activities.   The  Department  shall
10    establish  education,  training  and  placement activities by
11    rule.  Not all of the same activities  need  be  provided  in
12    each  county  in  the State.  Such activities may include the
13    following:
14        (a)  Education (Below post secondary).  In the  Education
15    (below  post  secondary)  activity,  the  individual receives
16    information,  referral,  counseling  services   and   support
17    services  to  increase the individual's employment potential.
18    Participants may  be  referred  to  testing,  counseling  and
19    education  resources.   Educational  activities  will include
20    basic and remedial education;  English  proficiency  classes;
21    high  school  or  its  equivalency (e.g., GED) or alternative
22    education at the secondary level; and  with  any  educational
23    program,   structured   study   time  to  enhance  successful
24    participation. An individual's participation in an  education
25    program  such as literacy, basic adult education, high school
26    equivalency (GED), or a remedial program shall be limited  to
27    2   years   unless   the   individual   also  is  working  or
28    participating in a work activity  approved  by  the  Illinois
29    Department  as  defined  by  rule;  this requirement does not
30    apply, however, to students enrolled in high school.
31        (b)  Job  Skills  Training  (Vocational).    Job   Skills
32    Training  is designed to increase the individual's ability to
33    obtain  and  maintain  employment.    Job   Skills   Training
HB3023 Enrolled            -15-      LRB093 10034 DRJ 10285 b
 1    activities  will include vocational skill classes designed to
 2    increase a  participant's  ability  to  obtain  and  maintain
 3    employment.   Job  Skills  Training  may  include certificate
 4    programs.
 5        (c)  Job  Readiness.   The  job  readiness  activity   is
 6    designed  to enhance the quality of the individual's level of
 7    participation  in  the  world  of  work  while  learning  the
 8    necessary essentials to obtain and maintain employment.  This
 9    activity  helps  individuals  gain  the necessary job finding
10    skills to help them find and retain employment that will lead
11    to economic independence.
12        (d)  Job   Search.    Job   Search   may   be   conducted
13    individually or in groups. Job Search includes the  provision
14    of  counseling,  job  seeking skills training and information
15    dissemination. Group job search may  include  training  in  a
16    group  session.   Assignment exclusively to job search cannot
17    be in excess of 8 consecutive weeks (or  its  equivalent)  in
18    any period of 12 consecutive months.
19        (e)  Work Experience.  Work Experience assignments may be
20    with  private  employers or not-for-profit or public agencies
21    in the State.  The Illinois Department shall provide workers'
22    compensation coverage.  Participants who are not members of a
23    2-parent assistance unit may not be assigned more hours  than
24    their  cash  grant  amount  plus  food  stamps divided by the
25    minimum  wage.   Private  employers  and  not-for-profit  and
26    public agencies shall not use Work Experience participants to
27    displace regular employees.  Participants in Work  Experience
28    may  perform  work  in  the  public interest (which otherwise
29    meets the requirements of this Section) for a federal  office
30    or   agency   with   its  consent,  and  notwithstanding  the
31    provisions of 31 U.S.C. 1342, or any other provision of  law,
32    such  agency may accept such services, but participants shall
33    not be considered federal  employees  for  any  purpose.    A
34    participant  shall  be reassessed at the end of assignment to
HB3023 Enrolled            -16-      LRB093 10034 DRJ 10285 b
 1    Work Experience.  The participant may be reassigned  to  Work
 2    Experience  or  assigned  to  another  activity, based on the
 3    reassessment.
 4        (f)  On the Job Training.  In  On  the  Job  Training,  a
 5    participant  is  hired  by  a  private or public employer and
 6    while engaged  in  productive  work  receives  training  that
 7    provides  knowledge  or skills essential to full and adequate
 8    performance of the job.
 9        (g)  Work Supplementation.  In work supplementation,  the
10    Department  pays  a  wage  subsidy to an employer who hires a
11    participant.   The  cash  grant  which  a  participant  would
12    receive if not employed is diverted  and  the  diverted  cash
13    grant is used to pay the wage subsidy.
14        (h)  Post  Secondary Education.  Post secondary education
15    must be administered by an educational institution accredited
16    under requirements of State law.  The Illinois Department may
17    not   approve   an   individual's   participation   in    any
18    post-secondary   education  program,  other  than  full-time,
19    short-term vocational training for a specific job, unless the
20    individual also is employed  part-time,  as  defined  by  the
21    Illinois Department by rule.
22        (i)  Self  Initiated  Education.   Participants  who  are
23    attending  an institution of higher education or a vocational
24    or technical program of their own choosing  and  who  are  in
25    good  standing, may continue to attend and receive supportive
26    services only if the educational program is approved  by  the
27    Department,  and  is  in  conformity  with  the participant's
28    personal plan for achieving employment  and  self-sufficiency
29    and  the participant is employed part-time, as defined by the
30    Illinois Department by rule.
31        (j)  Job Development  and  Placement.   Department  staff
32    shall  develop  through  contacts  with  public  and  private
33    employers  unsubsidized  job  openings  for participants. Job
34    interviews will be secured for clients by  the  marketing  of
HB3023 Enrolled            -17-      LRB093 10034 DRJ 10285 b
 1    participants   for   specific   job   openings.    Job  ready
 2    individuals may be assigned to Job Development and Placement.
 3        (k)  Job  Retention.  The  job  retention  component   is
 4    designed  to  assist  participants  in  retaining employment.
 5    Initial employment expenses and job  retention  services  are
 6    provided.    The   individual's  support  service  needs  are
 7    assessed and the individual receives counseling regarding job
 8    retention skills.
 9        (l)  (Blank).
10        (l-5)  Transitional   Jobs.   These   programs    provide
11    temporary  wage-paying work combined with case management and
12    other  social  services  designed   to   address   employment
13    barriers.   The   wage-paying  work  is  treated  as  regular
14    employment  for  all  purposes  under  this  Code,  and   the
15    additional activities, as determined by the Transitional Jobs
16    provider,  shall  be  countable  work activities. The program
17    must comply with the  anti-displacement  provisions  of  this
18    Code governing the Work Experience program.
19        (m)  Pay-after-performance  Program.   A  parent  may  be
20    required to participate in a pay-after-performance program in
21    which  the  parent  must  work a specified number of hours to
22    earn the grant.  The program shall comply with provisions  of
23    this Code governing work experience programs.
24        (n)  Community   Service.    Community  service  includes
25    unpaid work that the client performs in his or her community,
26    such as for a school, church, government agency, or nonprofit
27    organization.  A participant whose youngest child is 13 years
28    of age or older may be required to perform at least 20  hours
29    of  community  service per week as a condition of eligibility
30    for aid under Article IV.  The Illinois Department shall give
31    priority to community service placements in  public  schools,
32    where  participants can serve as hall and lunchroom monitors,
33    assist teachers, and perform other appropriate services.
34    (Source:  P.A.  89-289,  eff.  1-1-96;  90-17,  eff.  7-1-97;
HB3023 Enrolled            -18-      LRB093 10034 DRJ 10285 b
 1    90-457, eff. 1-1-98; 90-655, eff. 7-30-98.)

 2        (305 ILCS 5/11-1) (from Ch. 23, par. 11-1)
 3        Sec.  11-1.  No  discrimination).   There  shall  be   no
 4    discrimination or denial of financial aid and social services
 5    on  account  of  the  race, religion, color, national origin,
 6    sex,  marital  status,  or  political  affiliation   of   any
 7    applicant or recipient.  This paragraph shall not prevent the
 8    Department  from treating individuals differently as a result
 9    of the rights and responsibilities that arise under law  from
10    marital status.
11        Participation   in   any  marriage  promotion  or  family
12    formation activity is voluntary. Non-participation shall  not
13    affect  any  person's eligibility for or receipt of financial
14    aid or social services in any program under this Code.
15        Where financial aid or social  services  are  granted  to
16    certain  classes of persons under a program for which federal
17    funds are available, nothing in this  Section  shall  require
18    granting of financial aid or social services to other persons
19    where  federal funds would not be available as to those other
20    persons.
21    (Source: P.A. 80-354.)

22        (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
23        Sec.  11-20.1.  Employment;  Rights  of   recipient   and
24    obligations  of  Illinois  Department  when recipients become
25    employed; Assistance  when  a  recipient  has  employment  or
26    earned income or both.
27        (a)  When   a  recipient  reports  employment  or  earned
28    income, or both, or the Illinois Department otherwise  learns
29    of  a  recipient's  employment or earned income, or both, the
30    Illinois Department shall provide the recipient with:
31             (1)  An explanation of how the  earned  income  will
32        affect  the  recipient's  eligibility  for  a  grant, and
HB3023 Enrolled            -19-      LRB093 10034 DRJ 10285 b
 1        whether the recipient  must  engage  in  additional  work
 2        activities   to   meet   the   recipient's  monthly  work
 3        activities requirement and what types of  activities  may
 4        be  approved for that purpose, and whether the employment
 5        is sufficient to cause months of continued receipt  of  a
 6        grant  not to be counted against the recipient's lifetime
 7        eligibility limit.
 8             (2)  An  explanation  of  the  Work  Pays  budgeting
 9        process, and an explanation  of  how  the  first  month's
10        income  on  a  new  job  will  be  projected, and how the
11        recipient  should  report  the  new  job  to  avoid   the
12        Department overestimating the first month's income.
13             (3)  An  explanation  of  how the earned income will
14        affect  the  recipient's  eligibility  for  food  stamps,
15        whether the  recipient  will  continue  to  receive  food
16        stamps, and, if so, the amount of food stamps.
17             (4)  The   names   and   telephone  numbers  of  all
18        caseworkers to whom the recipient's  case  or  cases  are
19        assigned  or will be transferred, an explanation of which
20        type of case  each  worker  will  be  handling,  and  the
21        effective date of the transfer.
22             (5)  An     explanation     of    the    recipient's
23        responsibilities   to   report   income   and   household
24        circumstances, the process by which  quarterly  reporting
25        forms  are  sent  to  recipients,  where  and to whom the
26        reports should be returned, the deadline by which reports
27        must be returned, instructions on how  to  fill  out  the
28        reports,  an  explanation of what the recipient should do
29        if he or she does not receive the form, advice on how  to
30        prove the report was returned by the recipient such as by
31        keeping  a  copy,  and  an  explanation of the effects of
32        failure to file reports.
33             (6)  If the recipient will  continue  to  receive  a
34        grant, an explanation of the recipient's new fiscal month
HB3023 Enrolled            -20-      LRB093 10034 DRJ 10285 b
 1        and a statement as to when the recipient will receive his
 2        or her grant.
 3             (7)  An   explanation  of  Kidcare,  Family  Assist,
 4        Family Care,  and  the  12  month  extension  of  medical
 5        assistance  that  is  available when a grant is cancelled
 6        due to earned income.
 7             (8)  An explanation of the  medical  assistance  the
 8        person  may  be  eligible for when the 12 month extension
 9        expires and how to request or apply for it.
10             (9)  An explanation of the availability of  a  child
11        care  subsidy  to  all  families  below  the  child  care
12        assistance  program's  income limit, how to apply for the
13        benefit through the Child Care Resource and  Referral  or
14        site-administered  child care program or both, the nature
15        of the child care program's  sliding  scale  co-payments,
16        the  availability  of  the 10% earned income disregard in
17        determining eligibility for child care assistance and the
18        amount of the parent co-payment, the  right  to  use  the
19        subsidy for either licensed or license exempt legal care,
20        and  the  availability  of  benefits  when  the parent is
21        engaged in an education and training program.
22             (10)  (Blank).
23             (11)  (Blank).
24             (11a)  (Blank).
25             (12)  (Blank).
26             (13)  An explanation of the availability of  payment
27        for  initial expenses of employment and how to request or
28        apply for it.
29             (14)  An explanation of the job retention  component
30        and  how  to participate in it, and an explanation of the
31        recipient's eligibility to receive supportive services to
32        participate in  education  and  training  programs  while
33        working.
34             (15)  A  statement  of  the types of assistance that
HB3023 Enrolled            -21-      LRB093 10034 DRJ 10285 b
 1        will be provided to the person automatically or continued
 2        and a statement of the types of assistance for which  the
 3        person must apply or reapply.
 4             (16)  If  the recipient will not continue to receive
 5        a cash grant and the recipient has assigned  his  or  her
 6        right  to  child  support  to the Illinois Department, an
 7        explanation of  the  recipient's  right  to  continue  to
 8        receive   child   support   enforcement   services,   the
 9        recipient's  right to have all current support paid after
10        grant cancellation forwarded promptly to  the  recipient,
11        the  procedures by which child support will be forwarded,
12        and  the  procedures  by  which  the  recipient  will  be
13        informed of the  collection  and  distribution  of  child
14        support.
15             (17)  An explanation of the availability of payments
16        if  the  recipient  experiences  a decrease in or loss of
17        earned income during a calendar quarter as to  which  the
18        monthly  grant  was  previously  budgeted  based upon the
19        higher income.
20             (18)  If the recipient will not continue to  receive
21        a  cash  grant,  an  explanation  of  the  procedures for
22        reapplying for cash assistance if the person  experiences
23        a decrease in or loss of earned income.
24             (19)  An explanation of the earned income tax credit
25        and  the  procedures  by which it may be obtained and the
26        rules for disregarding it in determining eligibility  for
27        and the amount of assistance.
28             (20)  An  explanation  of the education and training
29        opportunities available to recipients.
30        (b)  The information listed in subsection  (a)  shall  be
31    provided  to  the  recipient on an individual basis during an
32    in-person meeting  with  a  representative  of  the  Illinois
33    Department.   The  individual in-person meeting shall be held
34    at a time which does not conflict with the  recipient's  work
HB3023 Enrolled            -22-      LRB093 10034 DRJ 10285 b
 1    schedule  within  30  days  of  the date the recipient begins
 2    working.  If the recipient informs  the  Illinois  Department
 3    that an in-person meeting would be inconvenient, the Illinois
 4    Department  may  provide the information during a home visit,
 5    by telephone, or by mail within  30  days  of  the  date  the
 6    recipient begins working, whichever the client prefers.
 7        (c)  At  the  conclusion  of  the  meeting  described  in
 8    subsection (b), the Illinois Department shall ensure that all
 9    case  transfers  and calculations of benefits necessitated by
10    the recipient's employment or receipt of earned  income  have
11    been  performed, that applications have been made or provided
12    for all benefits for which the person must apply or  reapply,
13    and that the person has received payment for initial expenses
14    of employment.
15    (Source: P.A. 91-331, eff. 7-29-99.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.