Full Text of SB1791 101st General Assembly
SB1791 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1791 Introduced 2/15/2019, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/12-4.4 | from Ch. 23, par. 12-4.4 |
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Amends the Illinois Public Aid Code. Changes all references to "Food Stamp Program" to "Supplemental Nutritional Assistance (SNAP) Program". Changes all references to the "Food Stamp Employment and Training Program" to the "SNAP Employment and Training Program". Provides that the SNAP Employment and Training Program shall be voluntary in every county except those in which the Department of Human Services can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants. Provides that persons who fail to cooperate with the SNAP Employment and Training Program in counties where available program slots exist for at least the majority of that county's current work registrants shall become
ineligible for SNAP benefits according to SNAP regulations. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 12-4.4 as follows:
| 6 | | (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
| 7 | | Sec. 12-4.4. Administration of federally-aided programs. | 8 | | Direct
County Departments of Public Aid in the administration | 9 | | of
the federally
funded Supplemental Nutritional Assistance | 10 | | (SNAP) Program food stamp program , programs to aid refugees and | 11 | | Articles III,
IV, and V of this Code.
| 12 | | The
Illinois Department of Human Services
shall operate a | 13 | | SNAP Employment and Training (SNAP E&T) program Food Stamp | 14 | | Employment and Training (FSE&T) program in
compliance with | 15 | | federal law. The SNAP E&T FSE&T program shall be voluntary in | 16 | | every county except those in which the Department can show that | 17 | | there are sufficient program slots for at least the majority of | 18 | | the county's current non-exempt work registrants as described | 19 | | in Section 11-20 of this Code. The SNAP E&T program will have | 20 | | an Earnfare
component. The Earnfare component shall be | 21 | | available in selected geographic
areas based on criteria | 22 | | established by the Illinois Department of Human
Services by | 23 | | rule.
Participants in Earnfare will, to the extent resources |
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| 1 | | allow, earn their
assistance. Participation in the Earnfare | 2 | | program is voluntary, except when
ordered by a court of | 3 | | competent jurisdiction. Eligibility for Earnfare may
be | 4 | | limited to only 6 months out of any 12 consecutive month | 5 | | period. Clients are
not entitled to be placed in an Earnfare | 6 | | slot. Earnfare slots shall be made
available only as resources | 7 | | permit. Earnfare shall be available to persons
receiving SNAP | 8 | | benefits food stamps who meet eligibility criteria established | 9 | | by the Illinois
Department of Human Services by rule.
The | 10 | | Illinois Department may, by rule, extend the Earnfare Program | 11 | | to clients
who do not receive SNAP benefits food stamps .
| 12 | | Receipt of SNAP benefits food stamps is not an
eligibility | 13 | | requirement of
Earnfare when a court of competent jurisdiction | 14 | | orders an individual to
participate in the Earnfare Program. To
| 15 | | the extent resources permit, the Earnfare program will allow | 16 | | participants
to engage in work-related activities to earn | 17 | | monthly financial assistance
payments and to improve | 18 | | participants' employability in order for them to
succeed in | 19 | | obtaining employment. The Illinois Department of Human | 20 | | Services may enter into
contracts with other public agencies | 21 | | including State agencies, with local
governmental units, and | 22 | | with not-for-profit community based organizations
to carry out | 23 | | the elements of the Program that the Department of Human | 24 | | Services deems appropriate.
| 25 | | The Earnfare Program shall contain the following elements:
| 26 | | (1) To the extent resources allow and slots exist, the |
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| 1 | | Illinois Department of Human Services
shall refer | 2 | | recipients of SNAP benefits food stamp assistance who meet | 3 | | eligibility criteria,
as established by rule. Receipt of | 4 | | SNAP benefits food stamps is not an eligibility
requirement | 5 | | of Earnfare when a court of competent jurisdiction orders | 6 | | an
individual to participate in the Earnfare Program.
| 7 | | (2) Persons participating in Earnfare shall engage in | 8 | | employment
assigned activities equal to the amount of the | 9 | | SNAP food stamp benefits divided
by the State or federal | 10 | | minimum wage, whichever is higher, and subsequently shall | 11 | | earn minimum wage
assistance for each additional hour of | 12 | | performance in Earnfare activity.
Earnfare participants | 13 | | shall be offered the opportunity to earn up to $154. The
| 14 | | Department of Human Services may establish a higher amount | 15 | | by rule provided resources permit.
If a court of competent | 16 | | jurisdiction orders an individual to participate in
the | 17 | | Earnfare program, hours engaged in employment assigned | 18 | | activities shall
first be applied for a $50 payment made to | 19 | | the custodial parent as a support
obligation. If the | 20 | | individual receives SNAP benefits food stamps , the | 21 | | individual shall
engage in employment assigned activities | 22 | | equal to the amount of the SNAP food stamp
benefits divided | 23 | | by the State or
federal minimum wage, whichever is higher, | 24 | | and subsequently shall earn
State or federal minimum wage | 25 | | assistance, whichever is higher, for each additional hour | 26 | | of performance in Earnfare
activity.
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| 1 | | (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.
| 11 | | (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.
| 15 | | (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.
| 23 | | (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 |
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| 1 | | initial
expenses of employment.
| 2 | | (7) All income and asset limitations of the Federal | 3 | | SNAP Food Stamp Program
will govern continued Earnfare | 4 | | participation, except that court ordered
participants | 5 | | shall participate for 6 months unless the court orders | 6 | | otherwise.
| 7 | | (8) Earnfare participants shall not displace or | 8 | | substitute for regular,
full time or part time employees, | 9 | | regardless of whether or not the employee
is currently | 10 | | working, on a leave of absence or in a position or similar
| 11 | | position where a layoff has taken place or the employer has | 12 | | terminated the
employment of any regular employee or | 13 | | otherwise reduced its workforce with
the effect of filling | 14 | | the vacancy so created with a participant subsidized
under | 15 | | this program, or is or has been involved in a labor dispute | 16 | | between a
labor organization and the sponsor.
| 17 | | (9) Persons who fail to cooperate with the SNAP E&T | 18 | | FSE&T program in counties where available program slots | 19 | | exist for at least the majority of that county's current | 20 | | work registrants shall become
ineligible for SNAP benefits | 21 | | food stamp assistance according to SNAP Food Stamp | 22 | | regulations,
and for Earnfare participation. Failure to | 23 | | participate in Earnfare for all
of the hours assigned is | 24 | | not a failure to cooperate unless so established
by the | 25 | | employer pursuant to Department of Human Services rules.
If | 26 | | a person who is ordered by a court of competent |
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| 1 | | jurisdiction to
participate in the Earnfare Program fails | 2 | | to cooperate with the Program, the
person shall be referred | 3 | | to the court for failure to comply with the court
order.
| 4 | | (Source: P.A. 94-533, eff. 8-10-05.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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