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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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