State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 001 ]


92_SB2200

 
                                               LRB9212586DJgc

 1        AN ACT in relation to 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 food stamp program, programs to aid
10    refugees and Articles III, IV, and V of this Code.
11        The Illinois Department of Human Services shall operate a
12    Food  Stamp  Employment  and  Training  (FSE&T)  program   in
13    compliance  with federal law.  The FSE&T program will have an
14    Earnfare  component.   The  Earnfare   component   shall   be
15    available  in  selected  geographic  areas  based on criteria
16    established by the Illinois Department of Human  Services  by
17    rule.  Participants in Earnfare will, to the extent resources
18    allow, be mandated  to  earn  their  food  stamp  assistance.
19    Participants  in  Earnfare may also earn cash assistance.  To
20    earn cash assistance, participation in the  Earnfare  program
21    is  voluntary,  except  when  ordered by a court of competent
22    jurisdiction.  Eligibility for Earnfare  may  be  limited  to
23    only 6 months out of any 12 consecutive month period. Clients
24    are  not entitled to be placed in an Earnfare slot.  Earnfare
25    slots shall be  made  available  only  as  resources  permit.
26    Earnfare  shall be available to persons receiving food stamps
27    who meet eligibility criteria  established  by  the  Illinois
28    Department of Human Services by rule. The Illinois Department
29    may,  by  rule, extend the Earnfare Program to clients who do
30    not receive food stamps. Receipt of food  stamps  is  not  an
31    eligibility requirement of Earnfare when a court of competent
 
                            -2-                LRB9212586DJgc
 1    jurisdiction  orders  an  individual  to  participate  in the
 2    Earnfare Program.    To  the  extent  resources  permit,  the
 3    Earnfare   program  will  allow  participants  to  engage  in
 4    work-related activities to earn monthly financial  assistance
 5    payments  and to improve participants' employability in order
 6    for them to succeed in obtaining  employment.   The  Illinois
 7    Department  of  Human  Services may enter into contracts with
 8    other public agencies including State  agencies,  with  local
 9    governmental  units,  and with not-for-profit community based
10    organizations to carry out the elements of the  Program  that
11    the Department of Human Services deems appropriate.
12        The   Earnfare   Program   shall  contain  the  following
13    elements:
14             (1)  To the extent resources allow and slots  exist,
15        the  Illinois  Department  of  Human Services shall refer
16        recipients of food stamp assistance who meet  eligibility
17        criteria,  as established by rule. Receipt of food stamps
18        is not an eligibility  requirement  of  Earnfare  when  a
19        court  of  competent jurisdiction orders an individual to
20        participate in the Earnfare Program.
21             (2)  Persons participating in Earnfare shall  engage
22        in  employment assigned activities equal to the amount of
23        the food stamp benefits divided by  the  federal  minimum
24        wage  and subsequently shall earn minimum wage assistance
25        for each  additional  hour  of  performance  in  Earnfare
26        activity.  Earnfare  participants  shall  be  offered the
27        opportunity to earn up to $154.  The Department of  Human
28        Services  may  establish a higher amount by rule provided
29        resources permit. If a court  of  competent  jurisdiction
30        orders  an  individual  to  participate  in  the Earnfare
31        program, hours engaged in employment assigned  activities
32        shall  first  be  applied  for  a $50 payment made to the
33        custodial  parent  as  a  support  obligation.   If   the
34        individual  receives  food  stamps,  the individual shall
 
                            -3-                LRB9212586DJgc
 1        engage in employment assigned  activities  equal  to  the
 2        amount  of the food stamp benefits divided by the federal
 3        minimum wage and subsequently  shall  earn  minimum  wage
 4        assistance  for  each  additional  hour of performance in
 5        Earnfare activity.
 6             (3)  To the extent appropriate slots are  available,
 7        the  Illinois  Department  of Human Services shall assign
 8        Earnfare participants to Earnfare activities based on  an
 9        assessment  of  the  person's  age,  literacy, education,
10        educational achievement, job training,  work  experience,
11        and  recent  institutionalization, whenever these factors
12        are known to the Department of Human Services or  to  the
13        contractor  and  are relevant to the individual's success
14        in carrying out the assigned activities and in ultimately
15        obtaining employment.
16             (4)  The Department of Human Services shall consider
17        the participant's  preferences  and  personal  employment
18        goals    in    making    assignments    to   the   extent
19        administratively  possible  and  to   the   extent   that
20        resources allow.
21             (5)  The Department of Human Services may enter into
22        cooperative  agreements  with  local  governmental  units
23        (which   may,   in   turn,  enter  into  agreements  with
24        not-for-profit community based organizations): with other
25        public,  including   State,   agencies;   directly   with
26        not-for-profit  community  based  organizations, and with
27        private  employers  to  create  Earnfare  activities  for
28        program participants.
29             (6)  To the extent resources permit, the  Department
30        of Human Services shall provide the Earnfare participants
31        with  the costs of transportation in looking for work and
32        in getting to and from the assigned Earnfare job site and
33        initial expenses of employment.
34             (7)  All income and asset limitations of the Federal
 
                            -4-                LRB9212586DJgc
 1        Food  Stamp  Program  will  govern   continued   Earnfare
 2        participation,  except  that  court  ordered participants
 3        shall participate for 6 months unless  the  court  orders
 4        otherwise.
 5             (8)  Earnfare  participants  shall  not  displace or
 6        substitute for regular, full time or part time employees,
 7        regardless of whether or not the  employee  is  currently
 8        working,  on  a  leave  of  absence  or  in a position or
 9        similar position where a layoff has taken  place  or  the
10        employer  has  terminated  the  employment of any regular
11        employee or otherwise  reduced  its  workforce  with  the
12        effect   of   filling  the  vacancy  so  created  with  a
13        participant subsidized under this program, or is  or  has
14        been   involved  in  a  labor  dispute  between  a  labor
15        organization and the sponsor.
16             (9)  Persons who fail to cooperate  with  the  FSE&T
17        program shall become ineligible for food stamp assistance
18        according  to  Food  Stamp  regulations, and for Earnfare
19        participation.  Failure to participate  in  Earnfare  for
20        all  of  the hours assigned is not a failure to cooperate
21        unless  so  established  by  the  employer  pursuant   to
22        Department  of  Human  Services rules. If a person who is
23        ordered  by  a  court  of   competent   jurisdiction   to
24        participate  in  the  Earnfare Program fails to cooperate
25        with the Program, the person shall  be  referred  to  the
26        court for failure to comply with the court order.
27    (Source: P.A. 92-111, eff. 1-1-02.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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