Illinois General Assembly - Full Text of Public Act 101-0566
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Public Act 101-0566


 

Public Act 0566 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0566
 
SB1791 EnrolledLRB101 09527 KTG 54625 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Section 12-4.4 as follows:
 
    (305 ILCS 5/12-4.4)  (from Ch. 23, par. 12-4.4)
    Sec. 12-4.4. Administration of federally-aided programs.
Direct County Departments of Public Aid in the administration
of the federally funded Supplemental Nutrition Assistance
(SNAP) Program food stamp program, programs to aid refugees and
Articles III, IV, and V of this Code.
    The Illinois Department of Human Services shall operate a
SNAP Employment and Training (SNAP E&T) program Food Stamp
Employment and Training (FSE&T) program in compliance with
federal law. The SNAP E&T FSE&T program may only be mandatory
in counties where the Department can show that there are
sufficient program slots for at least the majority of the
county's current non-exempt work registrants as described in
Section 11-20 of this Code. Nothing in this Section shall
prevent the Department from operating a fully voluntary SNAP
E&T program. The SNAP E&T program will have an Earnfare
component. The Earnfare component shall be available in
selected geographic areas based on criteria established by the
Illinois Department of Human Services by rule. Participants in
Earnfare will, to the extent resources allow, earn their
assistance. Participation in the Earnfare program is
voluntary, except when ordered by a court of competent
jurisdiction. Eligibility for Earnfare may be limited to only 6
months out of any 12 consecutive month period. Clients are not
entitled to be placed in an Earnfare slot. Earnfare slots shall
be made available only as resources permit. Earnfare shall be
available to persons receiving SNAP benefits food stamps who
meet eligibility criteria established by the Illinois
Department of Human Services by rule. The Illinois Department
may, by rule, extend the Earnfare Program to clients who do not
receive SNAP benefits food stamps. Receipt of SNAP benefits
food stamps is not an eligibility requirement of Earnfare when
a court of competent jurisdiction orders an individual to
participate in the Earnfare Program. To the extent resources
permit, the Earnfare program will allow participants to engage
in work-related activities to earn monthly financial
assistance payments and to improve participants' employability
in order for them to succeed in obtaining employment. The
Illinois Department of Human Services may enter into contracts
with other public agencies including State agencies, with local
governmental units, and with not-for-profit community based
organizations to carry out the elements of the Program that the
Department of Human Services deems appropriate.
    The Earnfare Program shall contain the following elements:
        (1) To the extent resources allow and slots exist, the
    Illinois Department of Human Services shall refer
    recipients of SNAP benefits food stamp assistance who meet
    eligibility criteria, as established by rule. Receipt of
    SNAP benefits food stamps is not an eligibility requirement
    of Earnfare when a court of competent jurisdiction orders
    an individual to participate in the Earnfare Program.
        (2) Persons participating in Earnfare shall engage in
    employment assigned activities equal to the amount of the
    SNAP food stamp benefits divided by the State or federal
    minimum wage, whichever is higher, and subsequently shall
    earn minimum wage assistance for each additional hour of
    performance in Earnfare activity. Earnfare participants
    shall be offered the opportunity to earn up to $154. The
    Department of Human Services may establish a higher amount
    by rule provided resources permit. If a court of competent
    jurisdiction orders an individual to participate in 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. If the
    individual receives SNAP benefits food stamps, the
    individual shall engage in employment assigned activities
    equal to the amount of the SNAP food stamp benefits divided
    by the State or federal minimum wage, whichever is higher,
    and subsequently shall earn State or federal minimum wage
    assistance, whichever is higher, for each additional hour
    of performance in Earnfare activity.
        (3) To the extent appropriate slots are available, the
    Illinois Department of Human Services shall assign
    Earnfare participants to Earnfare activities based on an
    assessment of the person's age, literacy, education,
    educational achievement, job training, work experience,
    and recent institutionalization, whenever these factors
    are known to the Department of Human Services or to the
    contractor and are relevant to the individual's success in
    carrying out the assigned activities and in ultimately
    obtaining employment.
        (4) The Department of Human Services shall consider the
    participant's preferences and personal employment goals in
    making assignments to the extent administratively possible
    and to the extent that resources allow.
        (5) The Department of Human Services may enter into
    cooperative agreements with local governmental units
    (which may, in turn, enter into agreements with
    not-for-profit community based organizations): with other
    public, including State, agencies; directly with
    not-for-profit community based organizations, and with
    private employers to create Earnfare activities for
    program participants.
        (6) To the extent resources permit, the Department of
    Human Services shall provide the Earnfare participants
    with the costs of transportation in looking for work and in
    getting to and from the assigned Earnfare job site and
    initial expenses of employment.
        (7) All income and asset limitations of the Federal
    SNAP Food Stamp Program will govern continued Earnfare
    participation, except that court ordered participants
    shall participate for 6 months unless the court orders
    otherwise.
        (8) Earnfare participants shall not displace or
    substitute for regular, full time or part time employees,
    regardless of whether or not the employee is currently
    working, on a leave of absence or in a position or similar
    position where a layoff has taken place or the employer has
    terminated the employment of any regular employee or
    otherwise reduced its workforce with the effect of filling
    the vacancy so created with a participant subsidized under
    this program, or is or has been involved in a labor dispute
    between a labor organization and the sponsor.
        (9) Persons who fail to cooperate with the SNAP E&T
    FSE&T program in counties where available program slots
    exist for at least the majority of that county's current
    work registrants shall become ineligible for SNAP benefits
    food stamp assistance according to SNAP Food Stamp
    regulations, and for Earnfare participation. Failure to
    participate in Earnfare for all of the hours assigned is
    not a failure to cooperate unless so established by the
    employer pursuant to Department of Human Services rules. If
    a person who is ordered by a court of competent
    jurisdiction to participate in the Earnfare Program fails
    to cooperate with the Program, the person shall be referred
    to the court for failure to comply with the court order.
(Source: P.A. 94-533, eff. 8-10-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019