HB3023sam001 93rd General Assembly


                                     LRB093 10034 DRJ 15503 a

 1                    AMENDMENT TO HOUSE BILL 3023

 2        AMENDMENT NO.     .  Amend House Bill 3023  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 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
                            -2-      LRB093 10034 DRJ 15503 a
 1    in the amount established by Department regulation.
 2        (b)  The   Illinois   Department   may   conduct  special
 3    projects, which may be known  as  Grant  Diversion  Projects,
 4    under  which  recipients  of financial aid under this Article
 5    are placed in jobs and  their  grants  are  diverted  to  the
 6    employer  who in turn makes payments to the recipients in the
 7    form of salary or other employment  benefits.   The  Illinois
 8    Department  shall by rule specify the terms and conditions of
 9    such Grant Diversion Projects.  Such projects shall take into
10    consideration  and   be   coordinated   with   the   programs
11    administered   under   the   Illinois   Emergency  Employment
12    Development Act.
13        (c)  The amount and nature of the  financial  aid  for  a
14    child requiring care outside his own home shall be determined
15    in  accordance with the rules and regulations of the Illinois
16    Department, with due regard to the needs and requirements  of
17    the  child  in the foster home or institution in which he has
18    been placed.
19        (d)  If the  Department  establishes  grants  for  family
20    units  consisting  exclusively  of  a  pregnant woman with no
21    dependent child or including her husband if living with  her,
22    the  grant amount for such a unit shall be equal to the grant
23    amount for an assistance unit consisting of one adult,  or  2
24    persons  if  the  husband  is included.  Other than as herein
25    described,  an  unborn  child  shall  not   be   counted   in
26    determining the size of an assistance unit or for calculating
27    grants.
28        Payments for basic maintenance requirements of a child or
29    children and the relative with whom the child or children are
30    living   shall  be  prescribed,  by  rule,  by  the  Illinois
31    Department.
32        Grants under this Article shall not  be  supplemented  by
33    General Assistance provided under Article VI.
34        (e)  Grants  shall  be paid to the parent or other person
                            -3-      LRB093 10034 DRJ 15503 a
 1    with whom the child or children are living, except  for  such
 2    amount  as  is  paid  in behalf of the child or his parent or
 3    other relative to other persons or agencies pursuant to  this
 4    Code or the rules and regulations of the Illinois Department.
 5        (f)  Subject  to  subsection  (f-5),  an assistance unit,
 6    receiving financial aid under  this  Article  or  temporarily
 7    ineligible  to receive aid under this Article under a penalty
 8    imposed by the Illinois Department for failure to comply with
 9    the eligibility requirements  or  that  voluntarily  requests
10    termination  of  financial  assistance under this Article and
11    becomes subsequently eligible for assistance within 9 months,
12    shall not receive any increase in the amount of aid solely on
13    account of the birth of a child; except that an  increase  is
14    not prohibited when the birth is (i) of a child of a pregnant
15    woman  who  became eligible for aid under this Article during
16    the pregnancy, or (ii) of a child born within 10 months after
17    the date of implementation of this subsection, or  (iii) of a
18    child  conceived  after  a  family  became   ineligible   for
19    assistance due to income or marriage and at least 3 months of
20    ineligibility    expired   before   any   reapplication   for
21    assistance.  This subsection does  not,  however,  prevent  a
22    unit  from  receiving a general increase in the amount of aid
23    that is provided to all recipients of aid under this Article.
24        The Illinois Department is authorized to transfer  funds,
25    and  shall  use  any  budgetary  savings  attributable to not
26    increasing  the  grants  due  to  the  births  of  additional
27    children, to supplement existing funding for  employment  and
28    training  services  for  recipients of aid under this Article
29    IV.  The Illinois Department shall target, to the extent  the
30    supplemental funding allows, employment and training services
31    to the families who do not receive a grant increase after the
32    birth of a child.  In addition, the Illinois Department shall
33    provide,  to the extent the supplemental funding allows, such
34    families with up to 24  months  of  transitional  child  care
                            -4-      LRB093 10034 DRJ 15503 a
 1    pursuant   to   Illinois  Department  rules.   All  remaining
 2    supplemental funds shall be used for employment and  training
 3    services or transitional child care support.
 4        In  making  the  transfers authorized by this subsection,
 5    the Illinois Department shall first  determine,  pursuant  to
 6    regulations  adopted  by  the  Illinois  Department for  this
 7    purpose, the amount of savings attributable to not increasing
 8    the  grants  due  to  the  births  of  additional   children.
 9    Transfers   may   be   made   from   General   Revenue   Fund
10    appropriations   for   distributive  purposes  authorized  by
11    Article  IV  of  this  Code  only  to  General  Revenue  Fund
12    appropriations   for   employability   development   services
13    including operating  and  administrative  costs  and  related
14    distributive  purposes  under  Article  IXA of this Code. The
15    Director, with the approval of the  Governor,  shall  certify
16    the amount and affected line item appropriations to the State
17    Comptroller.
18        Nothing in this subsection shall be construed to prohibit
19    the  Illinois  Department from using funds under this Article
20    IV to provide assistance in the form of vouchers that may  be
21    used  to  pay  for  goods and services deemed by the Illinois
22    Department, by rule, as suitable for the care  of  the  child
23    such as diapers, clothing, school supplies, and cribs.
24        (f-5)  Subsection  (f)  shall  not  apply  to  affect the
25    monthly assistance amount of any family as a  result  of  the
26    birth  of  a  child on or after January 1, 2004. As resources
27    permit after  January  1,  2004,  the  Department  may  cease
28    applying  subsection  (f)  to  limit  assistance  to families
29    receiving assistance under this Article on January  1,  2004,
30    with  respect  to  children  born  prior to that date. In any
31    event, subsection (f) shall be completely inoperative on  and
32    after July 1, 2007.
33        (g)  (Blank).
34        (h)  Notwithstanding  any  other  provision of this Code,
                            -5-      LRB093 10034 DRJ 15503 a
 1    the Illinois  Department  is  authorized  to  reduce  payment
 2    levels used to determine cash grants under this Article after
 3    December  31  of  any  fiscal year if the Illinois Department
 4    determines that the caseload upon  which  the  appropriations
 5    for  the current fiscal year are based have increased by more
 6    than 5% and the appropriation is  not  sufficient  to  ensure
 7    that  cash  benefits  under  this  Article  do not exceed the
 8    amounts appropriated for those cash benefits.  Reductions  in
 9    payment  levels  may  be accomplished by emergency rule under
10    Section 5-45 of the Illinois  Administrative  Procedure  Act,
11    except  that  the limitation on the number of emergency rules
12    that may be adopted in a 24-month period shall not apply  and
13    the  provisions  of  Sections 5-115 and 5-125 of the Illinois
14    Administrative Procedure Act shall not  apply.  Increases  in
15    payment  levels shall be accomplished only in accordance with
16    Section 5-40 of the Illinois  Administrative  Procedure  Act.
17    Before  any rule to increase payment levels promulgated under
18    this Section  shall  become  effective,  a  joint  resolution
19    approving  the  rule must be adopted by a roll call vote by a
20    majority of the  members  elected  to  each  chamber  of  the
21    General Assembly.
22    (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)

23        (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
24        Sec.   9A-3.  Establishment   of  Program  and  Level  of
25    Services.
26        (a)  The Illinois Department shall establish and maintain
27    a program to provide recipients with services consistent with
28    the purposes and provisions of  this  Article.   The  program
29    offered in different counties of the State may vary depending
30    on  the resources available to the State to provide a program
31    under this Article, and no program may  be  offered  in  some
32    counties, depending on the resources available.  Services may
33    be  provided  directly  by the Illinois Department or through
                            -6-      LRB093 10034 DRJ 15503 a
 1    contract.  References to the Illinois Department or staff  of
 2    the  Illinois  Department  shall include contractors when the
 3    Illinois Department has  entered  into  contracts  for  these
 4    purposes.    The   Illinois  Department  shall  provide  each
 5    recipient who participates with such services available under
 6    the program as are necessary  to  achieve  his  employability
 7    plan as specified in the plan.
 8        (b)  The  Illinois  Department, in operating the program,
 9    shall  cooperate  with  public  and  private  education   and
10    vocational training or retraining agencies or facilities, the
11    Illinois  State  Board  of  Education, the Illinois Community
12    College Board, the Departments  of  Employment  Security  and
13    Commerce   and   Community   Affairs   or   other  sponsoring
14    organizations funded under the federal  Workforce  Investment
15    Job  Training  Partnership  Act  and other public or licensed
16    private employment agencies.
17    (Source: P.A. 92-111, eff. 1-1-02.)

18        (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
19        Sec. 9A-5.  Exempt recipients.
20        (a)  Exempt recipients under Section 9A-4  may  volunteer
21    to participate.
22        (b)  Services  will  be  offered to exempt and non-exempt
23    individuals who wish to volunteer to participate only to  the
24    extent resources permit.
25        (c)  Exempt  and  non-exempt individuals who volunteer to
26    participate become program participants  upon  completion  of
27    the  initial  assessment,  development  of  the employability
28    plan, and assignment to a component. An exempt individual who
29    volunteers to participate  may  not  be  sanctioned  for  not
30    meeting  program  requirements. Volunteers who fail to attend
31    the orientation or initial assessment meetings or  both  will
32    not  be  sanctioned.   Exempt  and non-exempt individuals who
33    attend   the   orientation   meeting   and   become   program
                            -7-      LRB093 10034 DRJ 15503 a
 1    participants   by   completing   the   initial    assessment,
 2    development  of  the  employability plan, and assignment to a
 3    component may be sanctioned  if  they  do  not  meet  program
 4    requirements without good cause.
 5    (Source: P.A. 92-111, eff. 1-1-02.)

 6        (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
 7        Sec. 9A-7.  Good Cause and Pre-Sanction Process.
 8          The Department shall establish by rule what constitutes
 9    good  cause for failure to participate in education, training
10    and  employment  programs,   failure   to   accept   suitable
11    employment or terminating employment or reducing earnings.
12        The  Department  shall establish, by rule, a pre-sanction
13    process  to  assist  in  resolving  disputes  over   proposed
14    sanctions and in determining if good cause exists. Good cause
15    shall include, but not be limited to:
16             (1)  temporary illness for its duration;
17             (2)  court    required   appearance   or   temporary
18        incarceration;
19             (3)  (blank);
20             (4)  death in the family;
21             (5)  (blank);
22             (6)  (blank);
23             (7)  (blank);
24             (8)  (blank);
25             (9)  extreme inclement weather;
26             (10)  (blank);
27             (11)  lack of any support service  even  though  the
28        necessary  service is not specifically provided under the
29        Department program, to the extent the lack of the  needed
30        service presents a significant barrier to participation;
31             (12)  if  an  individual is engaged in employment or
32        training or both that is consistent with  the  employment
33        related  goals  of  the  program,  if such employment and
                            -8-      LRB093 10034 DRJ 15503 a
 1        training is later approved by Department staff;
 2             (13)  (blank);
 3             (14)  failure  of  Department  staff  to   correctly
 4        forward the information to other Department staff;
 5             (15)  failure   of   the  participant  to  cooperate
 6        because of attendance at a test or a mandatory  class  or
 7        function  at  an educational program (including college),
 8        when an  education  or  training  program  is  officially
 9        approved by the Department;
10             (16)  failure  of  the participant due to his or her
11        illiteracy;
12             (17)  failure  of  the  participant  because  it  is
13        determined that he  or  she  should  be  in  a  different
14        activity;
15             (18)  non-receipt  by  the  participant  of a notice
16        advising him or her of a participation  requirement.,  if
17        documented by the participant. Documentation can include,
18        but  is not limited to: a written statement from the post
19        office or other informed individual: the notice not  sent
20        to  the  participant's  last  known address in Department
21        records; return of the notice by the post  office;  other
22        returned  mail;  proof  of  previous mail theft problems.
23        When determining  whether  or  not  the  participant  has
24        demonstrated  non-receipt, the Department shall take into
25        consideration a participant's history of  cooperation  or
26        non-cooperation   in   the   past.    If  the  documented
27        non-receipt of mail  occurs  frequently,  the  Department
28        shall  explore  an alternative means of providing notices
29        of participation requests to participants;
30             (19)  (blank);
31             (20)  non-comprehension of English,  either  written
32        or oral or both;
33             (21)  (blank);
34             (22)  (blank);
                            -9-      LRB093 10034 DRJ 15503 a
 1             (23)  child  care  (or day care for an incapacitated
 2        individual living in the same home as a dependent  child)
 3        is necessary for the participation or employment and such
 4        care is not available for a child under age 13;
 5             (24)  failure to participate in an activity due to a
 6        scheduled  job  interview,  medical  appointment  for the
 7        participant or a household member, or school appointment;
 8             (25)  the   individual   is   homeless.     Homeless
 9        individuals   (including  the  family)  have  no  current
10        residence and no expectation of acquiring one in the next
11        30 days.  This includes individuals residing in overnight
12        and transitional (temporary)  shelters.   This  does  not
13        include  individuals  who  are  sharing  a residence with
14        friends or relatives on a continuing basis;
15             (26)  circumstances  beyond  the  control   of   the
16        participant which prevent the participant from completing
17        program requirements; or
18             (27)  (blank).
19        (b)  (Blank).
20        (c) (1)  The  Department shall establish a reconciliation
21        procedure to assist in resolving disputes related to  any
22        aspect   of  participation,  including  exemptions,  good
23        cause,  sanctions  or  proposed   sanctions,   supportive
24        services,  assessments, responsibility and service plans,
25        assignment to activities, suitability of  employment,  or
26        refusals   of   offers   of   employment.   Through   the
27        reconciliation   process  the  Department  shall  have  a
28        mechanism to identify good cause, ensure that the  client
29        is  aware  of the issue, and enable the client to perform
30        required activities without facing sanction.
31             (2)  A participant may  request  reconciliation  and
32        receive  notice  in  writing of a meeting.   At least one
33        face-to-face  meeting  may  be   scheduled   to   resolve
34        misunderstandings  or  disagreements  related  to program
                            -10-     LRB093 10034 DRJ 15503 a
 1        participation  and  situations  which  may  lead   to   a
 2        potential   sanction.    The  meeting  will  address  the
 3        underlying reason for the dispute and plan  a  resolution
 4        to   enable   the   individual  to  participate  in  TANF
 5        employment and work activity requirements.
 6             (2.5)  If the individual  fails  to  appear  at  the
 7        reconciliation    meeting   without   good   cause,   the
 8        reconciliation is unsuccessful and a  sanction  shall  be
 9        imposed.
10             (3)  The reconciliation process shall continue after
11        it  is  determined  that the individual did not have good
12        cause for non-cooperation.  Any  necessary  demonstration
13        of  cooperation  on  the  part of the participant will be
14        part  of  the   reconciliation   process.    Failure   to
15        demonstrate   cooperation   will   result   in  immediate
16        sanction.
17             (4)  For the first instance of  non-cooperation,  if
18        the  client  reaches  agreement  to cooperate, the client
19        shall be  allowed  30  days  to  demonstrate  cooperation
20        before  any  sanction  activity  may  be imposed.  In any
21        subsequent instances of non-cooperation, the client shall
22        be provided the opportunity to show good cause or  remedy
23        the   situation   by   immediately   complying  with  the
24        requirement.
25             (5)  The  Department  shall  document  in  the  case
26        record the proceedings of the reconciliation and  provide
27        the client in writing with a reconciliation agreement.
28             (6)  If  reconciliation  resolves  the  dispute,  no
29        sanction  shall be imposed. If the client fails to comply
30        with the reconciliation agreement, the  Department  shall
31        then  immediately  impose  the  original sanction. If the
32        dispute  cannot  be  resolved  during  reconciliation,  a
33        sanction shall not be imposed  until  the  reconciliation
34        process is complete.
                            -11-     LRB093 10034 DRJ 15503 a
 1    (Source: P.A. 90-17, eff. 7-1-97.)

 2        (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
 3        Sec. 9A-8.  Operation of Program.
 4        (a)  At  the  time  of  application or redetermination of
 5    eligibility under Article IV,  as  determined  by  rule,  the
 6    Illinois  Department shall provide information in writing and
 7    orally  regarding  the  education,  training  and  employment
 8    program to all applicants and  recipients.   The  information
 9    required  shall be established by rule and shall include, but
10    need not be limited to:
11             (1)  education   (including   literacy    training),
12        employment  and  training  opportunities  available,  the
13        criteria  for  approval  of  those opportunities, and the
14        right to request changes in the  personal  responsibility
15        and services plan to include those opportunities;
16             (1.1)  a  complete  list  of all activities that are
17        approvable activities, and the circumstances under  which
18        they are approvable, including work activities, substance
19        abuse  or  mental  health treatment, activities to escape
20        and prevent domestic violence,  caring  for  a  medically
21        impaired   family   member,   and  any  other  approvable
22        activities, together with the right to and procedures for
23        amending the responsibility and services plan to  include
24        these activities;
25             (1.2)  the   rules  concerning the lifetime limit on
26        eligibility,  including  the  current   status   of   the
27        applicant   or  recipient  in  terms  of  the  months  of
28        remaining eligibility, the criteria under which  a  month
29        will  not  count  towards  the  lifetime  limit,  and the
30        criteria under which a  recipient  may  receive  benefits
31        beyond the end of the lifetime limit;
32             (2)  supportive  services  including  child care and
33        the rules regarding eligibility for  and  access  to  the
                            -12-     LRB093 10034 DRJ 15503 a
 1        child  care  assistance  program, transportation, initial
 2        expenses of employment, job retention,  books  and  fees,
 3        and any other supportive services;
 4             (3)  the  obligation  of  the  Department to provide
 5        supportive services;
 6             (4)  the    rights    and    responsibilities     of
 7        participants,      including     exemption,     sanction,
 8        reconciliation, and good cause criteria  and  procedures,
 9        termination  for  non-cooperation and reinstatement rules
10        and procedures, and appeal and grievance procedures; and
11             (5)  the types and locations of child care services.
12        (b)  The Illinois Department shall notify  the  recipient
13    in  writing of the opportunity to volunteer to participate in
14    the program.
15        (c)  (Blank).
16        (d)  As  part  of  the  personal   plan   for   achieving
17    employment and self-sufficiency, the Department shall conduct
18    an    individualized    assessment   of   the   participant's
19    employability.  Except as to participation in  the  Get-A-Job
20    Program,   No participant may be assigned to any component of
21    the education, training and employment activity prior to such
22    assessment  ,  provided that a participant may be assigned up
23    to 4 weeks of Job Search prior to such assessment.  The  plan
24    shall  include  collection of information on the individual's
25    background,  proficiencies,  skills  deficiencies,  education
26    level, work history, employment goals, interests,  aptitudes,
27    and  employment  preferences,  as  well  as factors affecting
28    employability or ability to meet  participation  requirements
29    (e.g.,  health,  physical  or mental limitations, child care,
30    family circumstances, domestic violence, substance abuse, and
31    special needs of any child of the individual).   As  part  of
32    the   plan,  individuals  and  Department  staff  shall  work
33    together to identify any supportive service needs required to
34    enable the client to participate and meet the  objectives  of
                            -13-     LRB093 10034 DRJ 15503 a
 1    his   or  her  employability  plan.  The  assessment  may  be
 2    conducted  through  various  methods  such   as   interviews,
 3    testing, counseling, and self-assessment instruments.  In the
 4    assessment  process,  the  Department  shall offer to include
 5    standard literacy testing  and  a  determination  of  English
 6    language  proficiency  and  shall  provide  it  for those who
 7    accept the offer. for those who display a potential need  for
 8    literacy or language services.  For those individuals subject
 9    to  a  job  search demonstration, there may be an abbreviated
10    assessment, as defined by rule. Based on the assessment,  the
11    individual will be assigned to the appropriate activity.  The
12    decision will be based on a determination of the individual's
13    level of preparation for employment as defined by rule.
14        (e)  Recipients  determined to be exempt may volunteer to
15    participate pursuant to Section 9A-4 and must be assessed.
16        (f)  As  part  of  the  personal   plan   for   achieving
17    employment   and   self-sufficiency  under  Section  4-1,  an
18    employability plan  for  recipients  shall  be  developed  in
19    consultation with the participant.  The Department shall have
20    final  responsibility  for  approving the employability plan.
21    The employability plan shall:
22             (1)  contain an employment goal of the participant;
23             (2)  describe the services to  be  provided  by  the
24        Department,   including  child  care  and  other  support
25        services;
26             (3)  describe  the  activities,  such  as  component
27        assignment, that will be undertaken by the participant to
28        achieve the employment goal; and
29             (4)  describe any other needs  of  the  family  that
30        might be met by the Department.
31        (g)  The employability plan shall take into account:
32             (1)  available program resources;
33             (2)  the participant's support service needs;
34             (3)  the participant's skills level and aptitudes;
                            -14-     LRB093 10034 DRJ 15503 a
 1             (4)  local employment opportunities; and
 2             (5)  the preferences of the participant.
 3        (h)  A  reassessment  shall  be  conducted  to  assess  a
 4    participant's  progress  and to review the employability plan
 5    on the following occasions:
 6             (1)  upon  completion  of  an  activity  and  before
 7        assignment to an activity;
 8             (2)  upon the request of the participant;
 9             (3)  if the individual is not cooperating  with  the
10        requirements of the program; and
11             (4)  if   the   individual   has   failed   to  make
12        satisfactory  progress  in  an  education   or   training
13        program.
14        Based  on the reassessment, the Department may revise the
15    employability plan of the participant.
16    (Source: P.A. 90-17, eff. 7-1-97; 91-331, eff. 7-29-99.)

17        (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
18        Sec. 9A-9.  Program  Activities.   The  Department  shall
19    establish  education,  training  and  placement activities by
20    rule.  Not all of the same activities  need  be  provided  in
21    each  county  in  the State.  Such activities may include the
22    following:
23        (a)  Education (Below post secondary).  In the  Education
24    (below  post  secondary)  activity,  the  individual receives
25    information,  referral,  counseling  services   and   support
26    services  to  increase the individual's employment potential.
27    Participants may  be  referred  to  testing,  counseling  and
28    education  resources.   Educational  activities  will include
29    basic and remedial education;  English  proficiency  classes;
30    high  school  or  its  equivalency (e.g., GED) or alternative
31    education at the secondary level; and  with  any  educational
32    program,   structured   study   time  to  enhance  successful
33    participation. An individual's participation in an  education
                            -15-     LRB093 10034 DRJ 15503 a
 1    program  such as literacy, basic adult education, high school
 2    equivalency (GED), or a remedial program shall be limited  to
 3    2   years   unless   the   individual   also  is  working  or
 4    participating in a work activity  approved  by  the  Illinois
 5    Department  as  defined  by  rule;  this requirement does not
 6    apply, however, to students enrolled in high school.
 7        (b)  Job  Skills  Training  (Vocational).    Job   Skills
 8    Training  is designed to increase the individual's ability to
 9    obtain  and  maintain  employment.    Job   Skills   Training
10    activities  will include vocational skill classes designed to
11    increase a  participant's  ability  to  obtain  and  maintain
12    employment.   Job  Skills  Training  may  include certificate
13    programs.
14        (c)  Job  Readiness.   The  job  readiness  activity   is
15    designed  to enhance the quality of the individual's level of
16    participation  in  the  world  of  work  while  learning  the
17    necessary essentials to obtain and maintain employment.  This
18    activity  helps  individuals  gain  the necessary job finding
19    skills to help them find and retain employment that will lead
20    to economic independence.
21        (d)  Job   Search.    Job   Search   may   be   conducted
22    individually or in groups. Job Search includes the  provision
23    of  counseling,  job  seeking skills training and information
24    dissemination. Group job search may  include  training  in  a
25    group  session.   Assignment exclusively to job search cannot
26    be in excess of 8 consecutive weeks (or  its  equivalent)  in
27    any period of 12 consecutive months.
28        (e)  Work Experience.  Work Experience assignments may be
29    with  private  employers or not-for-profit or public agencies
30    in the State.  The Illinois Department shall provide workers'
31    compensation coverage.  Participants who are not members of a
32    2-parent assistance unit may not be assigned more hours  than
33    their  cash  grant  amount  plus  food  stamps divided by the
34    minimum  wage.   Private  employers  and  not-for-profit  and
                            -16-     LRB093 10034 DRJ 15503 a
 1    public agencies shall not use Work Experience participants to
 2    displace regular employees.  Participants in Work  Experience
 3    may  perform  work  in  the  public interest (which otherwise
 4    meets the requirements of this Section) for a federal  office
 5    or   agency   with   its  consent,  and  notwithstanding  the
 6    provisions of 31 U.S.C. 1342, or any other provision of  law,
 7    such  agency may accept such services, but participants shall
 8    not be considered federal  employees  for  any  purpose.    A
 9    participant  shall  be reassessed at the end of assignment to
10    Work Experience.  The participant may be reassigned  to  Work
11    Experience  or  assigned  to  another  activity, based on the
12    reassessment.
13        (f)  On the Job Training.  In  On  the  Job  Training,  a
14    participant  is  hired  by  a  private or public employer and
15    while engaged  in  productive  work  receives  training  that
16    provides  knowledge  or skills essential to full and adequate
17    performance of the job.
18        (g)  Work Supplementation.  In work supplementation,  the
19    Department  pays  a  wage  subsidy to an employer who hires a
20    participant.   The  cash  grant  which  a  participant  would
21    receive if not employed is diverted  and  the  diverted  cash
22    grant is used to pay the wage subsidy.
23        (h)  Post  Secondary Education.  Post secondary education
24    must be administered by an educational institution accredited
25    under requirements of State law.  The Illinois Department may
26    not   approve   an   individual's   participation   in    any
27    post-secondary   education  program,  other  than  full-time,
28    short-term vocational training for a specific job, unless the
29    individual also is employed  part-time,  as  defined  by  the
30    Illinois Department by rule.
31        (i)  Self  Initiated  Education.   Participants  who  are
32    attending  an institution of higher education or a vocational
33    or technical program of their own choosing  and  who  are  in
34    good  standing, may continue to attend and receive supportive
                            -17-     LRB093 10034 DRJ 15503 a
 1    services only if the educational program is approved  by  the
 2    Department,  and  is  in  conformity  with  the participant's
 3    personal plan for achieving employment  and  self-sufficiency
 4    and  the participant is employed part-time, as defined by the
 5    Illinois Department by rule.
 6        (j)  Job Development  and  Placement.   Department  staff
 7    shall  develop  through  contacts  with  public  and  private
 8    employers  unsubsidized  job  openings  for participants. Job
 9    interviews will be secured for clients by  the  marketing  of
10    participants   for   specific   job   openings.    Job  ready
11    individuals may be assigned to Job Development and Placement.
12        (k)  Job  Retention.  The  job  retention  component   is
13    designed  to  assist  participants  in  retaining employment.
14    Initial employment expenses and job  retention  services  are
15    provided.    The   individual's  support  service  needs  are
16    assessed and the individual receives counseling regarding job
17    retention skills.
18        (l)  (Blank).
19        (l-5)  Transitional   Jobs.   These   programs    provide
20    temporary  wage-paying work combined with case management and
21    other  social  services  designed   to   address   employment
22    barriers.   The   wage-paying  work  is  treated  as  regular
23    employment  for  all  purposes  under  this  Code,  and   the
24    additional activities, as determined by the Transitional Jobs
25    provider,  shall  be  countable  work activities. The program
26    must comply with the  anti-displacement  provisions  of  this
27    Code governing the Work Experience program.
28        (m)  Pay-after-performance  Program.   A  parent  may  be
29    required to participate in a pay-after-performance program in
30    which  the  parent  must  work a specified number of hours to
31    earn the grant.  The program shall comply with provisions  of
32    this Code governing work experience programs.
33        (n)  Community   Service.    Community  service  includes
34    unpaid work that the client performs in his or her community,
                            -18-     LRB093 10034 DRJ 15503 a
 1    such as for a school, church, government agency, or nonprofit
 2    organization.  A participant whose youngest child is 13 years
 3    of age or older may be required to perform at least 20  hours
 4    of  community  service per week as a condition of eligibility
 5    for aid under Article IV.  The Illinois Department shall give
 6    priority to community service placements in  public  schools,
 7    where  participants can serve as hall and lunchroom monitors,
 8    assist teachers, and perform other appropriate services.
 9    (Source:  P.A.  89-289,  eff.  1-1-96;  90-17,  eff.  7-1-97;
10    90-457, eff. 1-1-98; 90-655, eff. 7-30-98.)

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

31        (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
32        Sec.  11-20.1.  Employment;  Rights  of   recipient   and
                            -19-     LRB093 10034 DRJ 15503 a
 1    obligations  of  Illinois  Department  when recipients become
 2    employed; Assistance  when  a  recipient  has  employment  or
 3    earned income or both.
 4        (a)  When   a  recipient  reports  employment  or  earned
 5    income, or both, or the Illinois Department otherwise  learns
 6    of  a  recipient's  employment or earned income, or both, the
 7    Illinois Department shall provide the recipient with:
 8             (1)  An explanation of how the  earned  income  will
 9        affect  the  recipient's  eligibility  for  a  grant, and
10        whether the recipient  must  engage  in  additional  work
11        activities   to   meet   the   recipient's  monthly  work
12        activities requirement and what types of  activities  may
13        be  approved for that purpose, and whether the employment
14        is sufficient to cause months of continued receipt  of  a
15        grant  not to be counted against the recipient's lifetime
16        eligibility limit.
17             (2)  An  explanation  of  the  Work  Pays  budgeting
18        process, and an explanation  of  how  the  first  month's
19        income  on  a  new  job  will  be  projected, and how the
20        recipient  should  report  the  new  job  to  avoid   the
21        Department overestimating the first month's income.
22             (3)  An  explanation  of  how the earned income will
23        affect  the  recipient's  eligibility  for  food  stamps,
24        whether the  recipient  will  continue  to  receive  food
25        stamps, and, if so, the amount of food stamps.
26             (4)  The   names   and   telephone  numbers  of  all
27        caseworkers to whom the recipient's  case  or  cases  are
28        assigned  or will be transferred, an explanation of which
29        type of case  each  worker  will  be  handling,  and  the
30        effective date of the transfer.
31             (5)  An     explanation     of    the    recipient's
32        responsibilities   to   report   income   and   household
33        circumstances, the process by which  quarterly  reporting
34        forms  are  sent  to  recipients,  where  and to whom the
                            -20-     LRB093 10034 DRJ 15503 a
 1        reports should be returned, the deadline by which reports
 2        must be returned, instructions on how  to  fill  out  the
 3        reports,  an  explanation of what the recipient should do
 4        if he or she does not receive the form, advice on how  to
 5        prove the report was returned by the recipient such as by
 6        keeping  a  copy,  and  an  explanation of the effects of
 7        failure to file reports.
 8             (6)  If the recipient will  continue  to  receive  a
 9        grant, an explanation of the recipient's new fiscal month
10        and a statement as to when the recipient will receive his
11        or her grant.
12             (7)  An   explanation  of  Kidcare,  Family  Assist,
13        Family Care,  and  the  12  month  extension  of  medical
14        assistance  that  is  available when a grant is cancelled
15        due to earned income.
16             (8)  An explanation of the  medical  assistance  the
17        person  may  be  eligible for when the 12 month extension
18        expires and how to request or apply for it.
19             (9)  An explanation of the availability of  a  child
20        care  subsidy  to  all  families  below  the  child  care
21        assistance  program's  income limit, how to apply for the
22        benefit through the Child Care Resource and  Referral  or
23        site-administered  child care program or both, the nature
24        of the child care program's  sliding  scale  co-payments,
25        the  availability  of  the 10% earned income disregard in
26        determining eligibility for child care assistance and the
27        amount of the parent co-payment, the  right  to  use  the
28        subsidy for either licensed or license exempt legal care,
29        and  the  availability  of  benefits  when  the parent is
30        engaged in an education and training program.
31             (10)  (Blank).
32             (11)  (Blank).
33             (11a)  (Blank).
34             (12)  (Blank).
                            -21-     LRB093 10034 DRJ 15503 a
 1             (13)  An explanation of the availability of  payment
 2        for  initial expenses of employment and how to request or
 3        apply for it.
 4             (14)  An explanation of the job retention  component
 5        and  how  to participate in it, and an explanation of the
 6        recipient's eligibility to receive supportive services to
 7        participate in  education  and  training  programs  while
 8        working.
 9             (15)  A  statement  of  the types of assistance that
10        will be provided to the person automatically or continued
11        and a statement of the types of assistance for which  the
12        person must apply or reapply.
13             (16)  If  the recipient will not continue to receive
14        a cash grant and the recipient has assigned  his  or  her
15        right  to  child  support  to the Illinois Department, an
16        explanation of  the  recipient's  right  to  continue  to
17        receive   child   support   enforcement   services,   the
18        recipient's  right to have all current support paid after
19        grant cancellation forwarded promptly to  the  recipient,
20        the  procedures by which child support will be forwarded,
21        and  the  procedures  by  which  the  recipient  will  be
22        informed of the  collection  and  distribution  of  child
23        support.
24             (17)  An explanation of the availability of payments
25        if  the  recipient  experiences  a decrease in or loss of
26        earned income during a calendar quarter as to  which  the
27        monthly  grant  was  previously  budgeted  based upon the
28        higher income.
29             (18)  If the recipient will not continue to  receive
30        a  cash  grant,  an  explanation  of  the  procedures for
31        reapplying for cash assistance if the person  experiences
32        a decrease in or loss of earned income.
33             (19)  An explanation of the earned income tax credit
34        and  the  procedures  by which it may be obtained and the
                            -22-     LRB093 10034 DRJ 15503 a
 1        rules for disregarding it in determining eligibility  for
 2        and the amount of assistance.
 3             (20)  An  explanation  of the education and training
 4        opportunities available to recipients.
 5             (b)  The information listed in subsection (a)  shall
 6    be provided to the recipient on an individual basis during an
 7    in-person  meeting  with  a  representative  of  the Illinois
 8    Department.  The individual in-person meeting shall  be  held
 9    at  a  time which does not conflict with the recipient's work
10    schedule within 30 days of  the  date  the  recipient  begins
11    working.   If  the  recipient informs the Illinois Department
12    that an in-person meeting would be inconvenient, the Illinois
13    Department may provide the information during a  home  visit,
14    by  telephone,  or  by  mail  within  30 days of the date the
15    recipient begins working, whichever the client prefers.
16        (c)  At  the  conclusion  of  the  meeting  described  in
17    subsection (b), the Illinois Department shall ensure that all
18    case transfers and calculations of benefits  necessitated  by
19    the  recipient's  employment or receipt of earned income have
20    been performed, that applications have been made or  provided
21    for  all benefits for which the person must apply or reapply,
22    and that the person has received payment for initial expenses
23    of employment.
24    (Source: P.A. 91-331, eff. 7-29-99.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.".