Full Text of SB1791 101st General Assembly
SB1791eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 12-4.4 as follows:
| 6 | | (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
| 7 | | Sec. 12-4.4. Administration of federally-aided programs. | 8 | | Direct
County Departments of Public Aid in the administration | 9 | | of
the federally
funded Supplemental 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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