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90_HB3388
305 ILCS 5/12-4.4 from Ch. 23, par. 12-4.4
Amends the Illinois Public Aid Code in provisions
regarding the Earnfare program. Provides that the Department
of Public Aid shall provide participants in the Earnfare
program with medical coverage under the General Assistance
Article of the Code, unless the participant is otherwise
eligible for federally matched medical coverage under other
provisions of the Code. Provides that General Assistance
medical coverage provided to Earnfare participants under
these provisions shall extend 3 months beyond the end of
participation in the cash Earnfare program.
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LRB9010256SMpk
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 Sec. 12-4.4. Administration of federally-aided programs.
9 Direct County Departments of Public Aid in the administration
10 of the federally funded food stamp program, programs to aid
11 refugees and Articles III, IV, V and VII of this Code. The
12 Illinois Department of Human Services may also, upon its own
13 motion, review any decision made by a County Department and
14 consider any application upon which a decision has not been
15 made by the County Department within 30 days. It may require
16 a County Department to transmit its files and all papers and
17 documents pertaining to any applicant or recipient.
18 Beginning July 1, 1992, or upon approval by the Food and
19 Nutrition Service of the United States Department of
20 Agriculture, the Illinois Department of Human Services shall
21 operate a Food Stamp Employment and Training (FSE&T) program
22 in compliance with federal law. The FSE&T program will have
23 an Earnfare component. The Earnfare component shall be
24 available in selected geographic areas based on criteria
25 established by the Illinois Department of Human Services by
26 rule. Participants in Earnfare will, to the extent resources
27 allow, earn their assistance. Participation in the Earnfare
28 program is voluntary, except when ordered by a court of
29 competent jurisdiction. Eligibility for Earnfare may be
30 limited to only 6 months out of any 12 consecutive month
31 period. Clients are not entitled to be placed in an Earnfare
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1 slot. Earnfare slots shall be made available only as
2 resources permit. Earnfare shall be available to persons
3 receiving food stamps who meet eligibility criteria
4 established by the Illinois Department of Human Services by
5 rule. The Illinois Department may, by rule, extend the
6 Earnfare Program to clients who do not receive food stamps.
7 Receipt of food stamps is not an eligibility requirement of
8 Earnfare when a court of competent jurisdiction orders an
9 individual to participate in the Earnfare Program. To the
10 extent resources permit, the Earnfare program will allow
11 participants to engage in work-related activities to earn
12 monthly financial assistance payments and to improve
13 participants' employability in order for them to succeed in
14 obtaining employment. The Illinois Department of Human
15 Services may enter into contracts with other public agencies
16 including State agencies, with local governmental units, and
17 with not-for-profit community based organizations to carry
18 out the elements of the Program that the Department of Human
19 Services deems appropriate.
20 The Earnfare Program shall contain the following
21 elements:
22 (1) To the extent resources allow and slots exist,
23 the Illinois Department of Human Services shall refer
24 recipients of food stamp assistance who meet eligibility
25 criteria, as established by rule. Receipt of food stamps
26 is not an eligibility requirement of Earnfare when a
27 court of competent jurisdiction orders an individual to
28 participate in the Earnfare Program.
29 (2) Persons participating in Earnfare shall engage
30 in employment assigned activities equal to the amount of
31 the food stamp benefits divided by the federal minimum
32 wage and subsequently shall earn minimum wage assistance
33 for each additional hour of performance in Earnfare
34 activity. Earnfare participants shall be offered the
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1 opportunity to earn up to $154. The Department of Human
2 Services may establish a higher amount by rule provided
3 resources permit. If a court of competent jurisdiction
4 orders an individual to participate in the Earnfare
5 program, hours engaged in employment assigned activities
6 shall first be applied for a $50 payment made to the
7 custodial parent as a support obligation. If the
8 individual receives food stamps, the individual shall
9 engage in employment assigned activities equal to the
10 amount of the food stamp benefits divided by the federal
11 minimum wage and subsequently shall earn minimum wage
12 assistance for each additional hour of performance in
13 Earnfare activity.
14 (3) To the extent appropriate slots are available,
15 the Illinois Department of Human Services shall assign
16 Earnfare participants to Earnfare activities based on an
17 assessment of the person's age, literacy, education,
18 educational achievement, job training, work experience,
19 and recent institutionalization, whenever these factors
20 are known to the Department of Human Services or to the
21 contractor and are relevant to the individual's success
22 in carrying out the assigned activities and in ultimately
23 obtaining employment.
24 (4) The Department of Human Services shall consider
25 the participant's preferences and personal employment
26 goals in making assignments to the extent
27 administratively possible and to the extent that
28 resources allow.
29 (5) The Department of Human Services may enter into
30 cooperative agreements with local governmental units
31 (which may, in turn, enter into agreements with
32 not-for-profit community based organizations): with other
33 public, including State, agencies; directly with
34 not-for-profit community based organizations, and with
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1 private employers to create Earnfare activities for
2 program participants.
3 (6) To the extent resources permit, the Department
4 of Human Services shall provide the Earnfare participants
5 with the costs of transportation in looking for work and
6 in getting to and from the assigned Earnfare job site and
7 initial expenses 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 of Human Services rules. If a person who is
31 ordered by a court of competent jurisdiction to
32 participate in the Earnfare Program fails to cooperate
33 with the Program, the person shall be referred to the
34 court for failure to comply with the court order.
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1 (10) The Department of Public Aid shall provide
2 participants in the Earnfare program with medical
3 coverage under Article VI of this Code, unless the
4 participant is otherwise eligible for federally matched
5 medical coverage under Article IX of this Code. Article
6 VI medical coverage provided under this Section shall
7 extend 3 months beyond the end of participation in the
8 cash Earnfare program.
9 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507,
10 eff. 7-1-97; 90-17, eff. 7-1-97.)