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90_HB0611
305 ILCS 5/12-4.4 from Ch. 23, par. 12-4.4
Amends the the Public Aid Code. Authorizes the
Department of Human Services, as successor to the Department
of Public Aid for purposes of administering the Earnfare
program, to extend eligibility for Earnfare participation for
successfully-employed participants for 3 months beyond the
basic eligibility period of 6 months out of any
12-consecutive-month period. (Now, eligibility is limited to
6 months out of any 12-consecutive-month period.)
LRB9001357SMpk
LRB9001357SMpk
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 12-4.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 12-4.4 as follows:
7 (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
8 (Text of Section before amendment by P.A. 89-507)
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 food stamp program, programs to aid
12 refugees and Articles III, IV, V and VII of this Code. The
13 Illinois Department may also, upon its own motion, review any
14 decision made by a County Department and consider any
15 application upon which a decision has not been made by the
16 County Department within 30 days. It may require a County
17 Department to transmit its files and all papers and documents
18 pertaining to any applicant or recipient.
19 Beginning July 1, 1992, or upon approval by the Food and
20 Nutrition Service of the United States Department of
21 Agriculture, the Illinois Department shall operate a Food
22 Stamp Employment and Training (FSE&T) program in compliance
23 with federal law. The FSE&T program will have an Earnfare
24 component. The Earnfare component shall be available in
25 selected geographic areas based on criteria established by
26 the Illinois Department by rule. Participants in Earnfare
27 will, to the extent resources allow, earn their assistance.
28 Participation in the Earnfare program is voluntary, except
29 when ordered by a court of competent jurisdiction.
30 Eligibility for Earnfare shall be limited to only 6 months
31 out of any 12 consecutive month period. The Department may,
-2- LRB9001357SMpk
1 however, extend eligibility for a period of 3 months for
2 successfully-employed participants without displacing other
3 participants, provided that Earnfare slots are available.
4 Organizations and employers must notify the Department in
5 writing of their reasonable intention to hire participants.
6 Clients are not entitled to be placed in an Earnfare slot.
7 Earnfare slots shall be made available only as resources
8 permit. Earnfare shall be available to persons receiving
9 food stamps who meet eligibility criteria established by the
10 Illinois Department by rule. Receipt of food stamps is not an
11 eligibility requirement of Earnfare when a court of competent
12 jurisdiction orders an individual to participate in the
13 Earnfare Program. To the extent resources permit, the
14 Earnfare program will allow participants to engage in
15 work-related activities to earn monthly financial assistance
16 payments and to improve participants' employability in order
17 for them to succeed in obtaining employment. The Illinois
18 Department may enter into contracts with other public
19 agencies including State agencies, with local governmental
20 units, and with not-for-profit community based organizations
21 to carry out the elements of the Program that the Department
22 deems appropriate.
23 The Earnfare Program shall contain the following
24 elements:
25 (1) To the extent resources allow and slots exist,
26 the Illinois Department shall refer recipients of food
27 stamp assistance who meet eligibility criteria, as
28 established by rule. Receipt of food stamps is not an
29 eligibility requirement of Earnfare when a court of
30 competent jurisdiction orders an individual to
31 participate in the Earnfare Program.
32 (2) Persons participating in Earnfare shall engage
33 in employment assigned activities equal to the amount of
34 the food stamp benefits divided by the federal minimum
-3- LRB9001357SMpk
1 wage and subsequently shall earn minimum wage assistance
2 for each additional hour of performance in Earnfare
3 activity. Earnfare participants shall be offered the
4 opportunity to earn up to $154. The Department may
5 establish a higher amount by rule provided resources
6 permit. If a court of competent jurisdiction orders an
7 individual to participate in the Earnfare program, hours
8 engaged in employment assigned activities shall first be
9 applied for a $50 payment made to the custodial parent as
10 a support obligation. If the individual receives food
11 stamps, the individual shall engage in employment
12 assigned activities equal to the amount of the food stamp
13 benefits divided by the federal minimum wage and
14 subsequently shall earn minimum wage assistance for each
15 additional hour of performance in Earnfare activity.
16 (3) To the extent appropriate slots are available,
17 the Illinois Department shall assign Earnfare
18 participants to Earnfare activities based on an
19 assessment of the person's age, literacy, education,
20 educational achievement, job training, work experience,
21 and recent institutionalization, whenever these factors
22 are known to the Department or to the contractor and are
23 relevant to the individual's success in carrying out the
24 assigned activities and in ultimately obtaining
25 employment.
26 (4) The Department shall consider the participant's
27 preferences and personal employment goals in making
28 assignments to the extent administratively possible and
29 to the extent that resources allow.
30 (5) The Department may enter into cooperative
31 agreements with local governmental units (which may, in
32 turn, enter into agreements with not-for-profit community
33 based organizations): with other public, including State,
34 agencies; directly with not-for-profit community based
-4- LRB9001357SMpk
1 organizations, and with private employers to create
2 Earnfare activities for program participants.
3 (6) To the extent resources permit, the Department
4 shall provide the Earnfare participants with the costs of
5 transportation in looking for work and in getting to and
6 from the assigned Earnfare job site and initial expenses
7 of employment.
8 (7) All income and asset limitations of the Federal
9 Food Stamp Program will govern continued Earnfare
10 participation, except that court ordered participants
11 shall participate for 6 months unless the court orders
12 otherwise.
13 (8) Earnfare participants shall not displace or
14 substitute for regular, full time or part time employees,
15 regardless of whether or not the employee is currently
16 working, on a leave of absence or in a position or
17 similar position where a layoff has taken place or the
18 employer has terminated the employment of any regular
19 employee or otherwise reduced its workforce with the
20 effect of filling the vacancy so created with a
21 participant subsidized under this program, or is or has
22 been involved in a labor dispute between a labor
23 organization and the sponsor.
24 (9) Persons who fail to cooperate with the FSE&T
25 program shall become ineligible for food stamp assistance
26 according to Food Stamp regulations, and for Earnfare
27 participation. Failure to participate in Earnfare for
28 all of the hours assigned is not a failure to cooperate
29 unless so established by the employer pursuant to
30 Department rules. If a person who is ordered by a court
31 of competent jurisdiction to participate in the Earnfare
32 Program fails to cooperate with the Program, the person
33 shall be referred to the court for failure to comply with
34 the court order.
-5- LRB9001357SMpk
1 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95.)
2 (Text of Section after amendment by P.A. 89-507)
3 Sec. 12-4.4. Administration of federally-aided programs.
4 Direct County Departments of Public Aid in the administration
5 of the federally funded food stamp program, programs to aid
6 refugees and Articles III, IV, V and VII of this Code. The
7 Illinois Department of Human Services may also, upon its own
8 motion, review any decision made by a County Department and
9 consider any application upon which a decision has not been
10 made by the County Department within 30 days. It may require
11 a County Department to transmit its files and all papers and
12 documents pertaining to any applicant or recipient.
13 Beginning July 1, 1992, or upon approval by the Food and
14 Nutrition Service of the United States Department of
15 Agriculture, the Illinois Department of Human Services shall
16 operate a Food Stamp Employment and Training (FSE&T) program
17 in compliance with federal law. The FSE&T program will have
18 an Earnfare component. The Earnfare component shall be
19 available in selected geographic areas based on criteria
20 established by the Illinois Department of Human Services by
21 rule. Participants in Earnfare will, to the extent resources
22 allow, earn their assistance. Participation in the Earnfare
23 program is voluntary, except when ordered by a court of
24 competent jurisdiction. Eligibility for Earnfare shall be
25 limited to only 6 months out of any 12 consecutive month
26 period. The Illinois Department of Human Services may,
27 however, extend eligibility for a period of 3 months for
28 successfully-employed participants without displacing other
29 participants, provided that Earnfare slots are available.
30 Organizations and employers must notify the Illinois
31 Department of Human Services in writing of their reasonable
32 intention to hire participants. Clients are not entitled to
33 be placed in an Earnfare slot. Earnfare slots shall be made
34 available only as resources permit. Earnfare shall be
-6- LRB9001357SMpk
1 available to persons receiving food stamps who meet
2 eligibility criteria established by the Illinois Department
3 of Human Services by rule. Receipt of food stamps is not an
4 eligibility requirement of Earnfare when a court of competent
5 jurisdiction orders an individual to participate in the
6 Earnfare Program. To the extent resources permit, the
7 Earnfare program will allow participants to engage in
8 work-related activities to earn monthly financial assistance
9 payments and to improve participants' employability in order
10 for them to succeed in obtaining employment. The Illinois
11 Department of Human Services may enter into contracts with
12 other public agencies including State agencies, with local
13 governmental units, and with not-for-profit community based
14 organizations to carry out the elements of the Program that
15 the Department of Human Services deems appropriate.
16 The Earnfare Program shall contain the following
17 elements:
18 (1) To the extent resources allow and slots exist,
19 the Illinois Department of Human Services shall refer
20 recipients of food stamp assistance who meet eligibility
21 criteria, as established by rule. Receipt of food stamps
22 is not an eligibility requirement of Earnfare when a
23 court of competent jurisdiction orders an individual to
24 participate in the Earnfare Program.
25 (2) Persons participating in Earnfare shall engage
26 in employment assigned activities equal to the amount of
27 the food stamp benefits divided by the federal minimum
28 wage and subsequently shall earn minimum wage assistance
29 for each additional hour of performance in Earnfare
30 activity. Earnfare participants shall be offered the
31 opportunity to earn up to $154. The Department of Human
32 Services may establish a higher amount by rule provided
33 resources permit. If a court of competent jurisdiction
34 orders an individual to participate in the Earnfare
-7- LRB9001357SMpk
1 program, hours engaged in employment assigned activities
2 shall first be applied for a $50 payment made to the
3 custodial parent as a support obligation. If the
4 individual receives food stamps, the individual shall
5 engage in employment assigned activities equal to the
6 amount of the food stamp benefits divided by the federal
7 minimum wage and subsequently shall earn minimum wage
8 assistance for each additional hour of performance in
9 Earnfare activity.
10 (3) To the extent appropriate slots are available,
11 the Illinois Department of Human Services shall assign
12 Earnfare participants to Earnfare activities based on an
13 assessment of the person's age, literacy, education,
14 educational achievement, job training, work experience,
15 and recent institutionalization, whenever these factors
16 are known to the Department of Human Services or to the
17 contractor and are relevant to the individual's success
18 in carrying out the assigned activities and in ultimately
19 obtaining employment.
20 (4) The Department of Human Services shall consider
21 the participant's preferences and personal employment
22 goals in making assignments to the extent
23 administratively possible and to the extent that
24 resources allow.
25 (5) The Department of Human Services may enter into
26 cooperative agreements with local governmental units
27 (which may, in turn, enter into agreements with
28 not-for-profit community based organizations): with other
29 public, including State, agencies; directly with
30 not-for-profit community based organizations, and with
31 private employers to create Earnfare activities for
32 program participants.
33 (6) To the extent resources permit, the Department
34 of Human Services shall provide the Earnfare participants
-8- LRB9001357SMpk
1 with the costs of transportation in looking for work and
2 in getting to and from the assigned Earnfare job site and
3 initial expenses of employment.
4 (7) All income and asset limitations of the Federal
5 Food Stamp Program will govern continued Earnfare
6 participation, except that court ordered participants
7 shall participate for 6 months unless the court orders
8 otherwise.
9 (8) Earnfare participants shall not displace or
10 substitute for regular, full time or part time employees,
11 regardless of whether or not the employee is currently
12 working, on a leave of absence or in a position or
13 similar position where a layoff has taken place or the
14 employer has terminated the employment of any regular
15 employee or otherwise reduced its workforce with the
16 effect of filling the vacancy so created with a
17 participant subsidized under this program, or is or has
18 been involved in a labor dispute between a labor
19 organization and the sponsor.
20 (9) Persons who fail to cooperate with the FSE&T
21 program shall become ineligible for food stamp assistance
22 according to Food Stamp regulations, and for Earnfare
23 participation. Failure to participate in Earnfare for
24 all of the hours assigned is not a failure to cooperate
25 unless so established by the employer pursuant to
26 Department of Human Services rules. If a person who is
27 ordered by a court of competent jurisdiction to
28 participate in the Earnfare Program fails to cooperate
29 with the Program, the person shall be referred to the
30 court for failure to comply with the court order.
31 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507,
32 eff. 7-1-97.)
33 Section 95. No acceleration or delay. Where this Act
-9- LRB9001357SMpk
1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.