Full Text of HB2373 94th General Assembly
HB2373 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2373
Introduced 2/16/2005, by Rep. William Delgado SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/11-4 |
from Ch. 23, par. 11-4 |
305 ILCS 5/11-6 |
from Ch. 23, par. 11-6 |
305 ILCS 5/11-15 |
from Ch. 23, par. 11-15 |
305 ILCS 5/11-16 |
from Ch. 23, par. 11-16 |
305 ILCS 5/11-28 |
from Ch. 23, par. 11-28 |
305 ILCS 5/12-4.4 |
from Ch. 23, par. 12-4.4 |
305 ILCS 5/12-4.7e new |
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Amends the Illinois Public Aid Code. Provides that the application-for-assistance process must be completed before and separately from the provision of and coordination of social and employment services, and provides that coordination of those services must begin no later than 2 weeks after a favorable determination on an application for assistance. Requires the Department of Human Services to provide by rule for a system under which signatures on applications for assistance may be submitted in person or by mail, facsimile, or electronic transmission, and provides that any such signature shall be sufficient to commence the application process. Provides that an application for any assistance under the Code may be filed at any local office of the Department of Human Services, and provides that following the initial eligibility determination, a recipient may choose to have his or her case assigned to any Department of Human Services office; provides that within 5 days after the assignment of a case, the Department must assign a caseworker, make appropriate case entries into the computer system, and generate a letter to the recipient containing the name and contact information for the caseworker. Provides for coordination of eligibility redeterminations by the Departments of Human Services and Public Aid. Requires the Department of Public Aid and the Department of Human Services to convene a task force to formulate a plan to simplify and make as uniform as possible the rules governing the counting of income for purposes of determining eligibility and benefit levels in means-tested public benefit programs for which the 2 departments are responsible. Makes other changes. Effective immediately.
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A BILL FOR
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HB2373 |
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LRB094 06396 DRJ 39312 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Sections 11-4, 11-6, 11-15, 11-16, 11-28, and 12-4.4 | 6 |
| and by adding Section 12-4.7e as follows:
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| (305 ILCS 5/11-4) (from Ch. 23, par. 11-4)
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| Sec. 11-4. Applications; assistance in making | 9 |
| applications. An application for public assistance shall be | 10 |
| deemed an application for
all such benefits to which any person | 11 |
| may be entitled except to the
extent that the applicant | 12 |
| expressly declines
in writing to apply for particular benefits. | 13 |
| The Illinois Department shall
provide information in writing | 14 |
| about all benefits provided under this Code
to any person | 15 |
| seeking public assistance.
The Illinois Department shall also | 16 |
| provide information in writing and orally
to all applicants | 17 |
| about an election to have financial aid deposited directly in
a | 18 |
| recipient's savings account or checking account or in any | 19 |
| electronic benefits
account or accounts as provided in Section | 20 |
| 11-3.1, to the extent that those
elections are actually | 21 |
| available, including information on any programs
administered | 22 |
| by the State Treasurer to facilitate or encourage the | 23 |
| distribution
of financial aid by direct deposit or electronic | 24 |
| benefits transfer.
The Illinois Department shall
determine the | 25 |
| applicant's eligibility for cash assistance, medical
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| assistance and food stamps unless the applicant expressly | 27 |
| declines in
writing to apply for particular benefits.
The | 28 |
| Illinois Department shall adopt policies and procedures to | 29 |
| facilitate
timely changes between programs that result from | 30 |
| changes in categorical
eligibility factors.
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| The County departments, local governmental units and the | 32 |
| Illinois
Department shall
assist applicants for public |
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HB2373 |
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LRB094 06396 DRJ 39312 b |
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| assistance to properly complete their
applications. Such | 2 |
| assistance shall include, but not be limited to, assistance
in | 3 |
| securing
evidence in support of their eligibility. | 4 |
| The application process described in this Section and in | 5 |
| Sections 11-5, 11-6, and 11-15 shall be completed before and | 6 |
| separately from the provision of and coordination of social and | 7 |
| employment services under Article IX or IXA. Service | 8 |
| coordination under those Articles or otherwise shall begin no | 9 |
| later than 2 weeks after a favorable determination on an | 10 |
| application for assistance. The Department of Human Services | 11 |
| may provide by rule for exceptions to this requirement with | 12 |
| respect to programs and services designed to address | 13 |
| emergencies. The Department of Human Services shall modify | 14 |
| application forms and procedures, as necessary, to conform to | 15 |
| this paragraph.
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| (Source: P.A. 88-232.)
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| (305 ILCS 5/11-6) (from Ch. 23, par. 11-6)
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| Sec. 11-6. Decisions on applications. Within 10 days after | 19 |
| a decision is
reached on an application, the applicant
shall be | 20 |
| notified in writing of the decision. The Department shall
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| consider eligibility for, and the notice shall contain a | 22 |
| decision on, each
of the following assistance programs for | 23 |
| which the client may be
eligible based on the information | 24 |
| contained in the application: Temporary
Assistance to Needy | 25 |
| Families, Medical Assistance, Aid to the Aged, Blind
and | 26 |
| Disabled, General Assistance (in the City of Chicago), and food | 27 |
| stamps. No
decision shall be required for any
assistance | 28 |
| program for which the applicant has expressly declined in
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| writing to apply. If the applicant is determined to
be | 30 |
| eligible, the notice shall include a statement of the
amount of | 31 |
| financial aid to be provided and a statement of the reasons for
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| any partial grant amounts. If the applicant is determined
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| ineligible for any public assistance the notice shall include | 34 |
| the reason
why the applicant is ineligible. If the application | 35 |
| for any public
assistance is denied, the notice shall include a |
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LRB094 06396 DRJ 39312 b |
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| statement defining the
applicant's right to appeal the | 2 |
| decision.
The Illinois Department of Human Services , by rule, | 3 |
| shall determine the date on which
assistance shall begin for | 4 |
| applicants determined eligible , but that date shall be no later | 5 |
| than the date on which eligibility is determined or . That date | 6 |
| may be
no later than 30 days after the date of the application , | 7 |
| whichever is earlier .
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| Under no circumstances may any application be denied solely | 9 |
| to meet an
application-processing deadline.
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| (Source: P.A. 90-17, eff. 7-1-97.)
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| (305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
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| Sec. 11-15. Application requirements.
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| (1) An application for financial
aid shall be filed in | 14 |
| writing by the person requesting aid and, in the case
of a | 15 |
| request for family aid, by the head of that family, except as
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| otherwise permitted in paragraph (2). Applications for aid | 17 |
| under Articles
III, IV, and V shall be filed in writing with | 18 |
| the county
department of
the county in which the applicant | 19 |
| resides in the manner prescribed by the
Illinois Department. | 20 |
| Applications for aid under Article VI shall be filed
in writing | 21 |
| with the local governmental unit upon forms approved by the
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| Illinois Department.
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| Each applicant shall provide information as to the amount | 24 |
| of
property, real and personal, owned by him or her within the | 25 |
| period of time
preceding
the application as required under | 26 |
| Sections 3-1.3, 4-1.11, and 5-2.1 of this
Code. The
applicant | 27 |
| shall also furnish information concerning
all income, money | 28 |
| contributions, and other support from any source, and
the | 29 |
| beneficiary and the amount or cash surrender or loan value of | 30 |
| all
insurance policies held by himself or herself or any member | 31 |
| of his family
for whom aid is requested.
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| (2) An application, in all instances to be in writing, may | 33 |
| be filed
in behalf of a person considered to be in need of | 34 |
| financial aid under
Articles III, IV, V, or VI only if the | 35 |
| person
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LRB094 06396 DRJ 39312 b |
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| (a) has been adjudged to be under legal disability; or
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| (b) is unable because of minority or physical or mental | 3 |
| disability,
to execute the application; or
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| (c) in the case of need for funeral and burial, died | 5 |
| before an
application was filed and the application is | 6 |
| filed not more than 30 days
after the person's death, | 7 |
| excluding the day on which the death occurred.
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| Applications in behalf of persons specified in (a) and (b) | 9 |
| shall be
filed by the applicant's legal guardian or, if a
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| guardian has not been appointed or the applicant has no legal
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| guardian or the guardian is not available, by a relative or | 12 |
| other
person, acceptable under the rules of the Illinois | 13 |
| Department, who is
able to furnish the required information. | 14 |
| Applications in behalf of
persons specified in (c) shall be | 15 |
| filed by any next of kin of the deceased
who is not under legal | 16 |
| disability or, if there are no such next of kin or
they are | 17 |
| unknown or unavailable, by a person, acceptable under the rules | 18 |
| of
the Illinois Department, who is able to furnish the required | 19 |
| information.
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| (3) The application shall contain a written declaration to | 21 |
| be signed
by the applicant, or in behalf of the applicant by a | 22 |
| person qualified
under paragraph (2), in substantially the | 23 |
| following form, the
parenthetical references being applicable | 24 |
| to an application filed by a
person in behalf of the applicant:
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| "I declare under penalties of perjury that I have examined | 26 |
| this form
and all accompanying statements or documents | 27 |
| pertaining to the income
and resources of myself (the | 28 |
| applicant) or any member of my family (the
applicant's family) | 29 |
| included in this application for aid, or pertaining
to any | 30 |
| other matter having bearing upon my (the applicant's) | 31 |
| eligibility
for aid, and to the best of my knowledge and belief | 32 |
| the information
supplied is true, correct, and complete". | 33 |
| The Department of Human Services shall provide by rule for | 34 |
| a system under which signatures on applications may be | 35 |
| submitted in person or by mail, facsimile, or electronic | 36 |
| transmission. Any such signature shall be sufficient to |
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LRB094 06396 DRJ 39312 b |
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| commence the application process regardless of any requirement | 2 |
| for subsequent verification that the Department of Human | 3 |
| Services may adopt. Notwithstanding this or any other | 4 |
| requirement of this Code, the Department of Human Services | 5 |
| shall assign as the "date of application" for any application | 6 |
| for assistance the date on which the individual or family first | 7 |
| contacted the Department with the intention to apply for | 8 |
| benefits, whether that contact was in person or by telephone, | 9 |
| mail, facsimile, or electronic transmission, whichever is the | 10 |
| earliest date. Notwithstanding this or any other requirement of | 11 |
| this Code, the Department of Human Services shall also assign | 12 |
| as the "date of application" for any application for assistance | 13 |
| the date on which the individual or family first contacted a | 14 |
| nonprofit community-based partner, (that is, one that has | 15 |
| contracted with the Department to provide outreach and | 16 |
| application assistance) with the intention to apply for | 17 |
| benefits, whether that contact was in person or by telephone, | 18 |
| mail, facsimile, or electronic transmission, whichever is the | 19 |
| earliest date.
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| (4) If an application for financial aid is filed for a | 21 |
| family, and any
person in that family is under 18 years of age, | 22 |
| the application shall be
accompanied by the following for each | 23 |
| such person under 18 years of age:
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| (i) a copy of the person's birth certificate, or
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| (ii) other reliable proof, as determined by the | 26 |
| Department, of the
person's identity and age. | 27 |
| The Department of Human Services may allow an applicant to | 28 |
| establish age and citizenship by declaring the information and | 29 |
| providing a Social Security Number, provided that applicants | 30 |
| who are applying for family members and not for themselves may | 31 |
| not be required to provide a Social Security Number.
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| (5) The Illinois Department shall provide information to | 33 |
| all families, orally
by an intake
worker and in writing when | 34 |
| the application is filed, about the availability and
location | 35 |
| of immunization services. | 36 |
| (6) An application for any assistance under this Code may |
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LRB094 06396 DRJ 39312 b |
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| be filed at any local office of the Department of Human | 2 |
| Services. Following the initial eligibility determination, a | 3 |
| recipient may choose to have his or her case assigned to any | 4 |
| Department of Human Services office. Within 5 days after the | 5 |
| assignment of a case, the Department shall assign a caseworker, | 6 |
| make appropriate case entries into the computer system, and | 7 |
| generate a letter to the recipient containing the name and | 8 |
| contact information for the caseworker.
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| (Source: P.A. 92-111, eff. 1-1-02.)
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| (305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
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| Sec. 11-16. Changes in grants; cancellations, revocations, | 12 |
| suspensions.
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| (a) All grants of financial aid under this Code shall be | 14 |
| considered as
frequently as may be required by the rules of the | 15 |
| Illinois Department of Human Services .
The Department of Human | 16 |
| Services
Public Aid shall consider grants of financial aid to
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| children who are eligible under Article V of this Code at least | 18 |
| annually and
shall take into account those reports filed, or | 19 |
| required to be filed, pursuant
to Sections 11-18 and 11-19. The | 20 |
| Department of Human Services shall accept reports of the income | 21 |
| of families eligible under Article V made under this Section or | 22 |
| Section 11-18 or 11-19 without requiring supporting | 23 |
| documentation such as pay stubs. The Department may conduct | 24 |
| subsequent investigations of the accuracy of those reports | 25 |
| through computer cross-matches or other means, however. To the | 26 |
| extent an in-person visit is not required by law, the | 27 |
| Department of Human Services shall provide recipients under any | 28 |
| program covered by this Code with the option to complete | 29 |
| eligibility redeterminations and provide the reports required | 30 |
| pursuant to Sections 11-18 and 11-19 in person or by mail, | 31 |
| telephone, facsimile, or electronic transmission.
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| After such investigation as may be necessary, the amount | 33 |
| and manner of
giving aid may be changed or the aid may be | 34 |
| entirely withdrawn if the
County Department, local | 35 |
| governmental unit, or Illinois Department of Human Services
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LRB094 06396 DRJ 39312 b |
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| finds
that the recipient's circumstances have altered | 2 |
| sufficiently to warrant
such action. Financial aid may at any | 3 |
| time be canceled or revoked for cause
or suspended for such | 4 |
| period as may be proper. | 5 |
| On and after January 1, 2006, (i) to the extent permitted | 6 |
| by federal law, regulations, and requirements for maximum | 7 |
| federal financial participation and (ii) to the extent that it | 8 |
| does not result in reduced benefits for program participants, | 9 |
| the Department of Public Aid and the Department of Human | 10 |
| Services shall coordinate redeterminations of eligibility for | 11 |
| multiple programs, and, to that end, the Departments shall | 12 |
| utilize information from an eligibility redetermination for | 13 |
| any means-tested benefit program administered by either | 14 |
| Department to simultaneously redetermine eligibility for all | 15 |
| other benefit programs administered by either Department in | 16 |
| which the recipient participates.
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| (b) Whenever any such grant of financial aid is cancelled, | 18 |
| revoked,
reduced, or terminated because of the failure of the | 19 |
| recipient to cooperate
with the Department, including but not | 20 |
| limited to the failure to keep an
appointment, attend a | 21 |
| meeting, or produce proof or verification of
eligibility or | 22 |
| need, the grant shall be reinstated in full, retroactive to
the | 23 |
| date of the change in or termination of the grant, provided | 24 |
| that within
10 working days after the first day the financial | 25 |
| aid would have been
available, the recipient cooperates with | 26 |
| the Department and is not
otherwise ineligible for benefits for | 27 |
| the period in question. This
subsection (b) does not apply to | 28 |
| sanctions imposed for the failure of any
recipient to | 29 |
| participate as required in the child support enforcement
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| program or in any educational, training, or employment program | 31 |
| under this
Code or any other sanction under Section 4-21, nor | 32 |
| does this subsection (b)
apply to any cancellation, revocation,
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| reduction, termination, or sanction imposed for the failure of | 34 |
| any recipient to
cooperate in the monthly reporting process or | 35 |
| the quarterly reporting
process.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-597, eff. 6-28-02.)
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LRB094 06396 DRJ 39312 b |
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| (305 ILCS 5/11-28) (from Ch. 23, par. 11-28)
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| Sec. 11-28. Recipient Bill of Rights. The Illinois | 3 |
| Department shall
promulgate a Bill of Rights for Public Aid | 4 |
| recipients which provides basic
information about financial | 5 |
| and medical assistance and other social
services which are | 6 |
| available through the Illinois Department and the rights
of | 7 |
| recipients of and applicants for assistance or social services | 8 |
| to due
process in reviewing and contesting decisions or actions | 9 |
| of the Illinois
Department or a County Department. The Bill of | 10 |
| Rights also shall contain
provisions to insure that all | 11 |
| recipients and applicants are treated with
dignity and | 12 |
| fairness. Copies of the Bill of Rights shall be prominently
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| posted in each County Department and other local service office | 14 |
| maintained
by the Illinois Department or a County Department so | 15 |
| that it will be
legible to recipients and applicants. | 16 |
| The Department of Human Services shall create a telephone | 17 |
| hotline of recorded messages containing the information in the | 18 |
| recipient Bill of Rights and any other important information | 19 |
| about programs and policies and client rights and | 20 |
| responsibilities. The messages shall be in English and Spanish, | 21 |
| and the hotline shall also provide for a referral for | 22 |
| translation assistance for those whose primary language is | 23 |
| neither English nor Spanish.
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| (Source: P.A. 87-528.)
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| (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
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| Sec. 12-4.4. Administration of federally-aided programs. | 27 |
| Direct
County Departments of Public Aid in the administration | 28 |
| of
the federally
funded food stamp program, programs to aid | 29 |
| refugees and Articles III,
IV, and V of this Code. To the | 30 |
| extent allowed by federal law governing the food stamp program, | 31 |
| the Department of Human Services shall by rule provide that | 32 |
| eligibility periods for food stamp cases with earned income | 33 |
| shall cover a full year after the initial application is | 34 |
| approved and shall undergo eligibility recertification at |
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LRB094 06396 DRJ 39312 b |
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| one-year intervals thereafter. If, within the year of | 2 |
| eligibility, the circumstances of the recipient change, | 3 |
| resulting in eligibility for increased benefits, the recipient | 4 |
| may request an increase in benefits form the Department of | 5 |
| Human Services based on the changed circumstances. This request | 6 |
| need not be in writing. The Department of Human Services may | 7 |
| provide by rule for categories of exceptions involving more | 8 |
| frequent recertifications to minimize errors or fraud. To the | 9 |
| extent allowed by federal law, the Department of Human Services | 10 |
| shall offer clients the option to complete any necessary | 11 |
| eligibility or recertification interviews for the food stamp | 12 |
| program in person or by telephone. The Department of Human | 13 |
| Services shall conduct these interviews in the manner chosen by | 14 |
| the client, except that the Department of Human Services may | 15 |
| specify by rule other exceptions indicated by an applicant's or | 16 |
| recipient's circumstances that require an in-person interview.
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| The
Illinois Department of Human Services
shall operate a | 18 |
| Food Stamp Employment and Training (FSE&T) program in
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| compliance with federal law. The FSE&T program will have an | 20 |
| Earnfare
component. The Earnfare component shall be available | 21 |
| in selected geographic
areas based on criteria established by | 22 |
| the Illinois Department of Human
Services by rule.
Participants | 23 |
| in Earnfare will, to the extent resources allow, earn their
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| assistance. Participation in the Earnfare program is | 25 |
| voluntary, except when
ordered by a court of competent | 26 |
| jurisdiction. Eligibility for Earnfare may
be limited to only 6 | 27 |
| months out of any 12 consecutive month period. Clients are
not | 28 |
| entitled to be placed in an Earnfare slot. Earnfare slots shall | 29 |
| be made
available only as resources permit. Earnfare shall be | 30 |
| available to persons
receiving food stamps who meet eligibility | 31 |
| criteria established by the Illinois
Department of Human | 32 |
| Services by rule.
The Illinois Department may, by rule, extend | 33 |
| the Earnfare Program to clients
who do not receive food stamps.
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| Receipt of food stamps is not an
eligibility requirement of
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| Earnfare when a court of competent jurisdiction orders an | 36 |
| individual to
participate in the Earnfare Program. To
the |
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LRB094 06396 DRJ 39312 b |
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| extent resources permit, the Earnfare program will allow | 2 |
| participants
to engage in work-related activities to earn | 3 |
| monthly financial assistance
payments and to improve | 4 |
| participants' employability in order for them to
succeed in | 5 |
| obtaining employment. The Illinois Department of Human | 6 |
| Services may enter into
contracts with other public agencies | 7 |
| including State agencies, with local
governmental units, and | 8 |
| with not-for-profit community based organizations
to carry out | 9 |
| the elements of the Program that the Department of Human | 10 |
| Services deems appropriate.
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| The Earnfare Program shall contain the following elements:
| 12 |
| (1) To the extent resources allow and slots exist, the | 13 |
| Illinois Department of Human Services
shall refer | 14 |
| recipients of food stamp assistance who meet eligibility | 15 |
| criteria,
as established by rule. Receipt of food stamps is | 16 |
| not an eligibility
requirement of Earnfare when a court of | 17 |
| competent jurisdiction orders an
individual to participate | 18 |
| in the Earnfare Program.
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| (2) Persons participating in Earnfare shall engage in | 20 |
| employment
assigned activities equal to the amount of the | 21 |
| food stamp benefits divided
by the federal minimum wage and | 22 |
| subsequently shall earn minimum wage
assistance for each | 23 |
| additional hour of performance in Earnfare activity.
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| Earnfare participants shall be offered the opportunity to | 25 |
| earn up to $154. The
Department of Human Services may | 26 |
| establish a higher amount by rule provided resources | 27 |
| permit.
If a court of competent jurisdiction orders an | 28 |
| individual to participate in
the Earnfare program, hours | 29 |
| engaged in employment assigned activities shall
first be | 30 |
| applied for a $50 payment made to the custodial parent as a | 31 |
| support
obligation. If the individual receives food | 32 |
| stamps, the individual shall
engage in employment assigned | 33 |
| activities equal to the amount of the food stamp
benefits | 34 |
| divided by the federal minimum wage and subsequently shall | 35 |
| earn
minimum wage assistance for each additional hour of | 36 |
| performance in Earnfare
activity.
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LRB094 06396 DRJ 39312 b |
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| (3) To the extent appropriate slots are available, the | 2 |
| Illinois
Department of Human Services shall assign | 3 |
| Earnfare participants to Earnfare activities based
on an | 4 |
| assessment of the person's age, literacy, education, | 5 |
| educational
achievement, job training, work experience, | 6 |
| and recent institutionalization,
whenever these factors | 7 |
| are known to the Department of Human Services or to the | 8 |
| contractor and
are relevant to the individual's success in | 9 |
| carrying out the assigned
activities and in ultimately | 10 |
| obtaining employment.
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| (4) The Department of Human Services shall consider the | 12 |
| participant's preferences and
personal employment goals in | 13 |
| making assignments to the extent
administratively possible | 14 |
| and to the extent that resources allow.
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| (5) The Department of Human Services may enter into | 16 |
| cooperative agreements with local
governmental units | 17 |
| (which may, in turn, enter into agreements with
| 18 |
| not-for-profit community based organizations): with other | 19 |
| public, including
State, agencies; directly with | 20 |
| not-for-profit community based organizations,
and with | 21 |
| private employers to create Earnfare activities for | 22 |
| program
participants.
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| (6) To the extent resources permit, the Department of | 24 |
| Human Services shall provide the
Earnfare participants | 25 |
| with the costs of transportation in looking for work
and in | 26 |
| getting to and from the assigned Earnfare job site and | 27 |
| initial
expenses of employment.
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| (7) All income and asset limitations of the Federal | 29 |
| Food Stamp Program
will govern continued Earnfare | 30 |
| participation, except that court ordered
participants | 31 |
| shall participate for 6 months unless the court orders | 32 |
| otherwise.
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| (8) Earnfare participants shall not displace or | 34 |
| substitute for regular,
full time or part time employees, | 35 |
| regardless of whether or not the employee
is currently | 36 |
| working, on a leave of absence or in a position or similar
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HB2373 |
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LRB094 06396 DRJ 39312 b |
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| position where a layoff has taken place or the employer has | 2 |
| terminated the
employment of any regular employee or | 3 |
| otherwise reduced its workforce with
the effect of filling | 4 |
| the vacancy so created with a participant subsidized
under | 5 |
| this program, or is or has been involved in a labor dispute | 6 |
| between a
labor organization and the sponsor.
| 7 |
| (9) Persons who fail to cooperate with the FSE&T | 8 |
| program shall become
ineligible for food stamp assistance | 9 |
| according to Food Stamp regulations,
and for Earnfare | 10 |
| participation. Failure to participate in Earnfare for all
| 11 |
| of the hours assigned is not a failure to cooperate unless | 12 |
| so established
by the employer pursuant to Department of | 13 |
| Human Services rules.
If a person who is ordered by a court | 14 |
| of competent jurisdiction to
participate in the Earnfare | 15 |
| Program fails to cooperate with the Program, the
person | 16 |
| shall be referred to the court for failure to comply with | 17 |
| the court
order.
| 18 |
| (Source: P.A. 92-111, eff. 1-1-02.)
| 19 |
| (305 ILCS 5/12-4.7e new) | 20 |
| Sec. 12-4.7e. Counting of income; task force. | 21 |
| (a) The General Assembly has created a number of programs | 22 |
| that provide benefits and services to low-income people and | 23 |
| families designed to encourage, support, and sustain their | 24 |
| efforts to improve their economic status through employment. | 25 |
| The General Assembly finds that, because of complex program | 26 |
| rules, agency staffing challenges, and other administrative | 27 |
| infrastructure issues, these programs are not being accessed in | 28 |
| a timely way by many eligible people. As a result, the intended | 29 |
| purposes of these programs are not being accomplished to the | 30 |
| fullest extent possible. People who may have been able to | 31 |
| sustain work or improve their earnings if they had gotten the | 32 |
| intended help from these programs are unable to do so. The | 33 |
| changes made by this amendatory Act of the 94th General | 34 |
| Assembly are intended to simplify program rules, improve | 35 |
| administrative infrastructure to deliver the programs, and |
|
|
|
HB2373 |
- 13 - |
LRB094 06396 DRJ 39312 b |
|
| 1 |
| increase the timely utilization of the programs among eligible | 2 |
| people. | 3 |
| (b) The Department of Public Aid and the Department of | 4 |
| Human Services shall convene a task force to formulate a plan | 5 |
| to simplify and make as uniform as possible the rules governing | 6 |
| the counting of income for purposes of determining eligibility | 7 |
| and benefit levels in means-tested public benefit programs for | 8 |
| which the 2 departments are responsible. The task force shall | 9 |
| take into account and balance the following factors: (i) the | 10 |
| need to comply with federal law and regulations or seek waivers | 11 |
| of federal law and regulations in order to maximize federal | 12 |
| financial participation; and (ii) the need to minimize | 13 |
| administrative tasks for employees of and contractors with the | 14 |
| 2 departments. If waivers of federal law and regulations are | 15 |
| needed in order to maximize the goals of simplification and | 16 |
| uniformity without loss of federal financial participation, | 17 |
| the plan shall include the elements and timing of such waivers. | 18 |
| In any event, changes adopted to promote simplification and | 19 |
| uniformity must not decrease the overall State investment in | 20 |
| these programs and must not result in a net decrease in | 21 |
| benefits for the substantial majority of recipients. The task | 22 |
| force shall complete its plan so that the 2 departments can | 23 |
| propose and adopt rule changes that will take effect no later | 24 |
| than January 1, 2006, except to the extent that the changes | 25 |
| depend on approval of waivers by the federal government, in | 26 |
| which case the changes shall be effective upon approval of | 27 |
| those waivers. The departments shall provide or arrange for | 28 |
| staff support for the task force.
| 29 |
| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
|
|