Full Text of HB5548 102nd General Assembly
HB5548 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5548 Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/9A-13 |
| 305 ILCS 5/9A-16 | |
305 ILCS 5/12-4.4 | from Ch. 23, par. 12-4.4 |
750 ILCS 16/15 |
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Amends the Illinois Public Aid Code. In provisions concerning education, training, and employment programs for recipients of public aid, removes all references and provisions concerning the Earnfare component of the SNAP Employment and Training (SNAP E&T) program. Provides that if a court of competent jurisdiction orders an individual to participate in
the SNAP E&T program (rather than the Earnfare program), hours engaged in employment assigned activities shall
first be applied for a $50 payment made to the custodial parent as a support
obligation. Amends the Non-Support Punishment Act. In provisions concerning the offense of failure to support, provides that a person convicted of a first offense who is eligible for the SNAP E&T program (rather than the Earnfare program) shall, in lieu of a sentence, be referred to the SNAP E&T program (rather than the Earnfare program). Provides that upon certification of completion of the SNAP E&T program (rather than the Earnfare program), the conviction shall be expunged.
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| | 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 Sections 9A-13, 9A-16, and 12-4.4 as follows:
| 6 | | (305 ILCS 5/9A-13)
| 7 | | Sec. 9A-13. Work activity; anti-displacement provisions.
| 8 | | (a) As used in this Section "work activity" means any | 9 | | workfare, earnfare,
pay-after-performance, | 10 | | work-off-the-grant, work experience, or other activity
under | 11 | | Section 9A-9 or any other Section of this
Code in which a
| 12 | | recipient of public assistance performs work for any employer | 13 | | as a condition of
receiving the public assistance, and the | 14 | | employer does not pay wages for the
work; or as any grant | 15 | | diversion, wage supplementation, or similar program in
which | 16 | | the public assistance grant is provided to the employer as a | 17 | | subsidy for
the wages of any recipient in its workforce.
| 18 | | (b) An employer may not utilize a work activity | 19 | | participant if such
utilization would result in:
| 20 | | (1) the displacement or partial displacement of | 21 | | current employees,
including but not limited to a | 22 | | reduction in hours of non-overtime or overtime
work, | 23 | | wages, or employment benefits; or
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| 1 | | (2) the filling of a position that would otherwise be | 2 | | a promotional
opportunity for current employees; or
| 3 | | (3) the filling of a position
created by or
causing | 4 | | termination, layoff,
a hiring freeze, or a reduction in | 5 | | the workforce; or
| 6 | | (4) the placement of a participant in any established | 7 | | unfilled vacancy; or
| 8 | | (5) the performance of work by a participant if there | 9 | | is a strike,
lockout, or other labor dispute in which the | 10 | | employer is engaged.
| 11 | | (c) An employer who wishes to utilize work activity | 12 | | participants shall,
at least 15 days prior to utilizing such | 13 | | participants, notify the
labor organization of the name, work | 14 | | location, and the duties to be performed
by the participant.
| 15 | | (d) The Department of Human Services shall establish a | 16 | | grievance procedure
for employees and labor organizations to | 17 | | utilize in the event of any alleged
violation of this Section. | 18 | | Notwithstanding the above, a labor organization
may utilize | 19 | | the established grievance or arbitration procedure in its
| 20 | | collective bargaining agreement to contest violations of this | 21 | | Section.
| 22 | | (Source: P.A. 92-111, eff. 1-1-02.)
| 23 | | (305 ILCS 5/9A-16) | 24 | | Sec. 9A-16. Work activity; applicable minimum wage. The | 25 | | State or federal minimum wage, whichever is higher, shall be |
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| 1 | | used to calculate the required number of hours of | 2 | | participation in any earnfare or pay-after-performance | 3 | | activity under Section 9A-9 or any other Section of this Code | 4 | | in which a recipient of public assistance performs work as a | 5 | | condition of receiving the public assistance and the recipient | 6 | | is not paid wages for the work.
| 7 | | (Source: P.A. 94-533, eff. 8-10-05; 95-331, eff. 8-21-07.)
| 8 | | (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
| 9 | | Sec. 12-4.4. Administration of federally-aided programs. | 10 | | Direct
County Departments of Public Aid in the administration | 11 | | of
the federally
funded Supplemental Nutrition Assistance | 12 | | (SNAP) Program, programs to aid refugees and Articles III,
IV, | 13 | | and V of this Code.
| 14 | | The
Illinois Department of Human Services
shall operate a | 15 | | SNAP Employment and Training (SNAP E&T) program in
compliance | 16 | | with federal law. The SNAP E&T program may only be mandatory in | 17 | | counties where the Department can show that there are | 18 | | sufficient program slots for at least the majority of the | 19 | | county's current non-exempt work registrants as described in | 20 | | Section 11-20 of this Code. Nothing in this Section shall | 21 | | prevent the Department from operating a fully voluntary SNAP | 22 | | E&T program. The SNAP E&T program will have an Earnfare
| 23 | | component. The Earnfare component shall be available in | 24 | | selected geographic
areas based on criteria established by the | 25 | | Illinois Department of Human
Services by rule.
Participants in |
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| 1 | | Earnfare will, to the extent resources allow, earn their
| 2 | | assistance. Participation in the Earnfare program is | 3 | | voluntary, except when
ordered by a court of competent | 4 | | jurisdiction. Eligibility for Earnfare may
be limited to only | 5 | | 6 months out of any 12 consecutive month period. Clients are
| 6 | | not entitled to be placed in an Earnfare slot. Earnfare slots | 7 | | shall be made
available only as resources permit. Earnfare | 8 | | shall be available to persons
receiving SNAP benefits who meet | 9 | | eligibility criteria established by the Illinois
Department of | 10 | | Human Services by rule.
The Illinois Department may, by rule, | 11 | | extend the Earnfare Program to clients
who do not receive SNAP | 12 | | benefits.
Receipt of SNAP benefits is not an
eligibility | 13 | | requirement of
Earnfare when a court of competent jurisdiction | 14 | | orders an individual to
participate in the Earnfare Program. | 15 | | To
the extent resources permit, the Earnfare program will | 16 | | allow participants
to engage in work-related activities to | 17 | | earn 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 who meet eligibility criteria,
| 3 | | as established by rule. Receipt of SNAP benefits is not an | 4 | | eligibility
requirement of Earnfare when a court of | 5 | | competent jurisdiction orders an
individual to participate | 6 | | 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 benefits divided
by the State or federal minimum | 10 | | wage, whichever is higher, and subsequently shall earn | 11 | | 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 | | SNAP E&T Earnfare program, hours engaged in employment | 18 | | assigned activities shall
first be applied for a $50 | 19 | | payment made to the custodial parent as a support
| 20 | | obligation. If the individual receives SNAP benefits, the | 21 | | individual shall
engage in employment assigned activities | 22 | | equal to the amount of the SNAP
benefits divided by the | 23 | | State or
federal minimum wage, whichever is higher, and | 24 | | 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 | 12 | | the participant's preferences and
personal employment | 13 | | goals in making assignments to the extent
administratively | 14 | | possible 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 | 26 | | in 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 Program
will govern continued Earnfare participation, | 4 | | except that court ordered
participants shall participate | 5 | | for 6 months unless the court orders otherwise.
| 6 | | (8) Earnfare participants shall not displace or | 7 | | substitute for regular,
full time or part time employees, | 8 | | regardless of whether or not the employee
is currently | 9 | | working, on a leave of absence or in a position or similar
| 10 | | position where a layoff has taken place or the employer | 11 | | has terminated the
employment of any regular employee or | 12 | | otherwise reduced its workforce with
the effect of filling | 13 | | the vacancy so created with a participant subsidized
under | 14 | | this program, or is or has been involved in a labor dispute | 15 | | between a
labor organization and the sponsor.
| 16 | | (9) Persons who fail to cooperate with the SNAP E&T | 17 | | program in counties where available program slots exist | 18 | | for at least the majority of that county's current work | 19 | | registrants shall become
ineligible for SNAP benefits | 20 | | according to SNAP regulations,
and for Earnfare | 21 | | participation. Failure to participate in Earnfare for all
| 22 | | of the hours assigned is not a failure to cooperate unless | 23 | | so established
by the employer pursuant to Department of | 24 | | Human Services rules.
If a person who is ordered by a court | 25 | | of competent jurisdiction to
participate in the Earnfare | 26 | | Program fails to cooperate with the Program, the
person |
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| 1 | | shall be referred to the court for failure to comply with | 2 | | the court
order.
| 3 | | (Source: P.A. 101-566, eff. 8-23-19.)
| 4 | | Section 10. The Non-Support Punishment Act is amended by | 5 | | changing Section 15 as follows:
| 6 | | (750 ILCS 16/15)
| 7 | | Sec. 15. Failure to support.
| 8 | | (a) A person commits the offense of failure to support | 9 | | when he or she:
| 10 | | (1) willfully, without any lawful excuse, refuses to | 11 | | provide for the
support or maintenance of his or her | 12 | | spouse, with the knowledge that the spouse
is in need of | 13 | | such support or maintenance, or, without lawful excuse, | 14 | | deserts
or willfully refuses to provide for the support or | 15 | | maintenance of his or her
child or children in need of | 16 | | support or maintenance
and the person has the ability to | 17 | | provide the support; or
| 18 | | (2) willfully fails to pay a support obligation | 19 | | required under a court or
administrative order for | 20 | | support, if the obligation has remained unpaid for a
| 21 | | period longer than 6 months, or is in arrears in an amount | 22 | | greater than
$5,000, and the person has the ability to | 23 | | provide the support; or
| 24 | | (3) leaves the State with the intent to evade a |
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| 1 | | support obligation
required under a court or | 2 | | administrative order for support, if the obligation,
| 3 | | regardless of when it accrued, has remained unpaid for a | 4 | | period longer than 6
months, or is in arrears in an amount | 5 | | greater than $10,000; or
| 6 | | (4) willfully fails to pay a support obligation | 7 | | required under a court or
administrative order for | 8 | | support, if the obligation has remained unpaid for a
| 9 | | period longer than one year, or is in arrears in an amount | 10 | | greater than
$20,000, and the person has the ability to | 11 | | provide the support.
| 12 | | (a-5) Presumption of ability to pay support. The existence | 13 | | of a court or
administrative order of support that was not | 14 | | based on a default judgment and
was in effect for the time | 15 | | period charged in the indictment or information
creates a | 16 | | rebuttable presumption that the obligor has the ability to pay | 17 | | the
support obligation for that time period.
| 18 | | (b) Sentence. A person convicted of
a first offense under | 19 | | subdivision (a)(1) or (a)(2) is guilty of
a Class A | 20 | | misdemeanor. A person convicted of
an offense under | 21 | | subdivision (a)(3) or (a)(4) or a second or
subsequent offense | 22 | | under subdivision (a)(1) or (a)(2) is guilty of a
Class 4 | 23 | | felony.
| 24 | | (c) Expungement. A person convicted of a first offense | 25 | | under
subdivision (a)(1) or (a)(2) who is eligible for the | 26 | | SNAP E&T program Earnfare program , shall,
in lieu of the |
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| 1 | | sentence prescribed in subsection (b), be referred to the
SNAP | 2 | | E&T program Earnfare program . Upon certification of completion | 3 | | of the SNAP E&T program Earnfare program ,
the conviction shall | 4 | | be expunged. If the person fails to successfully complete
the | 5 | | SNAP E&T program Earnfare program , he or she shall be | 6 | | sentenced in accordance with
subsection (b).
| 7 | | (d) Fine. Sentences of imprisonment and fines for offenses | 8 | | committed
under this Act shall be as provided under Articles 8 | 9 | | and 9 of Chapter V of the
Unified Code of Corrections, except | 10 | | that the court
shall order restitution of all unpaid support | 11 | | payments and
may impose the following fines, alone, or in | 12 | | addition to a sentence of
imprisonment under the following | 13 | | circumstances:
| 14 | | (1) from $1,000 to $5,000 if the support obligation | 15 | | has remained unpaid
for a period longer than 2 years, or is | 16 | | in arrears in an amount greater than
$1,000 and not | 17 | | exceeding $10,000;
| 18 | | (2) from $5,000 to $10,000 if the support obligation | 19 | | has remained unpaid
for a period longer than 5 years, or is | 20 | | in arrears in an amount greater than
$10,000 and not | 21 | | exceeding $20,000; or
| 22 | | (3) from $10,000 to $25,000 if the support obligation | 23 | | has remained unpaid
for a period longer than 8 years, or is | 24 | | in arrears in an amount greater than
$20,000.
| 25 | | (e) Restitution shall be ordered in an amount equal to the | 26 | | total unpaid
support
obligation as it existed at the time of |
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| 1 | | sentencing. Any amounts paid by the
obligor shall be allocated | 2 | | first to current support and then to restitution
ordered and | 3 | | then to fines imposed under this Section.
| 4 | | (f) For purposes of this Act, the term "child" shall have | 5 | | the meaning
ascribed to it
in Section 505 of the Illinois | 6 | | Marriage and Dissolution of Marriage Act.
| 7 | | (Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)
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