Illinois General Assembly - Full Text of Public Act 093-0598
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Public Act 093-0598


Public Act 93-0598 of the 93rd General Assembly

Public Act 93-0598

HB3023 Enrolled                      LRB093 10034 DRJ 10285 b

    AN ACT in relation to 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 Sections 4-2, 9A-3, 9A-5, 9A-7,  9A-8,  9A-9,  11-1,
and 11-20.1 as follows:

    (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
    Sec. 4-2.  Amount of aid.
    (a)  The  amount  and  nature  of  financial aid shall be
determined in accordance with the grant  amounts,  rules  and
regulations  of the Illinois Department.  Due regard shall be
given to the self-sufficiency requirements of the family  and
to  the  income,  money  contributions  and other support and
resources available,  from  whatever  source.   However,  the
amount and nature of any financial aid is not affected by the
payment  of any grant under the "Senior Citizens and Disabled
Persons Property Tax  Relief  and  Pharmaceutical  Assistance
Act"  or any distributions or items of income described under
subparagraph (X)  of  paragraph  (2)  of  subsection  (a)  of
Section 203 of the Illinois Income Tax Act.  The aid shall be
sufficient,   when   added   to   all   other  income,  money
contributions and support to provide the family with a  grant
in the amount established by Department regulation.
    (b)  The   Illinois   Department   may   conduct  special
projects, which may be known  as  Grant  Diversion  Projects,
under  which  recipients  of financial aid under this Article
are placed in jobs and  their  grants  are  diverted  to  the
employer  who in turn makes payments to the recipients in the
form of salary or other employment  benefits.   The  Illinois
Department  shall by rule specify the terms and conditions of
such Grant Diversion Projects.  Such projects shall take into
consideration  and   be   coordinated   with   the   programs
administered   under   the   Illinois   Emergency  Employment
Development Act.
    (c)  The amount and nature of the  financial  aid  for  a
child requiring care outside his own home shall be determined
in  accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements  of
the  child  in the foster home or institution in which he has
been placed.
    (d)  If the  Department  establishes  grants  for  family
units  consisting  exclusively  of  a  pregnant woman with no
dependent child or including her husband if living with  her,
the  grant amount for such a unit shall be equal to the grant
amount for an assistance unit consisting of one adult,  or  2
persons  if  the  husband  is included.  Other than as herein
described,  an  unborn  child  shall  not   be   counted   in
determining the size of an assistance unit or for calculating
    Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living   shall  be  prescribed,  by  rule,  by  the  Illinois
    Grants under this Article shall not  be  supplemented  by
General Assistance provided under Article VI.
    (e)  Grants  shall  be paid to the parent or other person
with whom the child or children are living, except  for  such
amount  as  is  paid  in behalf of the child or his parent or
other relative to other persons or agencies pursuant to  this
Code or the rules and regulations of the Illinois Department.
    (f)  Subject  to  subsection  (f-5),  an assistance unit,
receiving financial aid under  this  Article  or  temporarily
ineligible  to receive aid under this Article under a penalty
imposed by the Illinois Department for failure to comply with
the eligibility requirements  or  that  voluntarily  requests
termination  of  financial  assistance under this Article and
becomes subsequently eligible for assistance within 9 months,
shall not receive any increase in the amount of aid solely on
account of the birth of a child; except that an  increase  is
not prohibited when the birth is (i) of a child of a pregnant
woman  who  became eligible for aid under this Article during
the pregnancy, or (ii) of a child born within 10 months after
the date of implementation of this subsection, or  (iii) of a
child  conceived  after  a  family  became   ineligible   for
assistance due to income or marriage and at least 3 months of
ineligibility    expired   before   any   reapplication   for
assistance.  This subsection does  not,  however,  prevent  a
unit  from  receiving a general increase in the amount of aid
that is provided to all recipients of aid under this Article.
    The Illinois Department is authorized to transfer  funds,
and  shall  use  any  budgetary  savings  attributable to not
increasing  the  grants  due  to  the  births  of  additional
children, to supplement existing funding for  employment  and
training  services  for  recipients of aid under this Article
IV.  The Illinois Department shall target, to the extent  the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the
birth of a child.  In addition, the Illinois Department shall
provide,  to the extent the supplemental funding allows, such
families with up to 24  months  of  transitional  child  care
pursuant   to   Illinois  Department  rules.   All  remaining
supplemental funds shall be used for employment and  training
services or transitional child care support.
    In  making  the  transfers authorized by this subsection,
the Illinois Department shall first  determine,  pursuant  to
regulations  adopted  by  the  Illinois  Department for  this
purpose, the amount of savings attributable to not increasing
the  grants  due  to  the  births  of  additional   children.
Transfers   may   be   made   from   General   Revenue   Fund
appropriations   for   distributive  purposes  authorized  by
Article  IV  of  this  Code  only  to  General  Revenue  Fund
appropriations   for   employability   development   services
including operating  and  administrative  costs  and  related
distributive  purposes  under  Article  IXA of this Code. The
Director, with the approval of the  Governor,  shall  certify
the amount and affected line item appropriations to the State
    Nothing in this subsection shall be construed to prohibit
the  Illinois  Department from using funds under this Article
IV to provide assistance in the form of vouchers that may  be
used  to  pay  for  goods and services deemed by the Illinois
Department, by rule, as suitable for the care  of  the  child
such as diapers, clothing, school supplies, and cribs.
    (f-5)  Subsection  (f)  shall  not  apply  to  affect the
monthly assistance amount of any family as a  result  of  the
birth  of  a  child on or after January 1, 2004. As resources
permit after  January  1,  2004,  the  Department  may  cease
applying  subsection  (f)  to  limit  assistance  to families
receiving assistance under this Article on January  1,  2004,
with  respect  to  children  born  prior to that date. In any
event, subsection (f) shall be completely inoperative on  and
after July 1, 2007.
    (g)  (Blank).
    (h)  Notwithstanding  any  other  provision of this Code,
the Illinois  Department  is  authorized  to  reduce  payment
levels used to determine cash grants under this Article after
December  31  of  any  fiscal year if the Illinois Department
determines that the caseload upon  which  the  appropriations
for  the current fiscal year are based have increased by more
than 5% and the appropriation is  not  sufficient  to  ensure
that  cash  benefits  under  this  Article  do not exceed the
amounts appropriated for those cash benefits.  Reductions  in
payment  levels  may  be accomplished by emergency rule under
Section 5-45 of the Illinois  Administrative  Procedure  Act,
except  that  the limitation on the number of emergency rules
that may be adopted in a 24-month period shall not apply  and
the  provisions  of  Sections 5-115 and 5-125 of the Illinois
Administrative Procedure Act shall not  apply.  Increases  in
payment  levels shall be accomplished only in accordance with
Section 5-40 of the Illinois  Administrative  Procedure  Act.
Before  any rule to increase payment levels promulgated under
this Section  shall  become  effective,  a  joint  resolution
approving  the  rule must be adopted by a roll call vote by a
majority of the  members  elected  to  each  chamber  of  the
General Assembly.
(Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)

    (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
    Sec.   9A-3.  Establishment   of  Program  and  Level  of
    (a)  The Illinois Department shall establish and maintain
a program to provide recipients with services consistent with
the purposes and provisions of  this  Article.   The  program
offered in different counties of the State may vary depending
on  the resources available to the State to provide a program
under this Article, and no program may  be  offered  in  some
counties, depending on the resources available.  Services may
be  provided  directly  by the Illinois Department or through
contract.  References to the Illinois Department or staff  of
the  Illinois  Department  shall include contractors when the
Illinois Department has  entered  into  contracts  for  these
purposes.    The   Illinois  Department  shall  provide  each
recipient who participates with such services available under
the program as are necessary  to  achieve  his  employability
plan as specified in the plan.
    (b)  The  Illinois  Department, in operating the program,
shall  cooperate  with  public  and  private  education   and
vocational training or retraining agencies or facilities, the
Illinois  State  Board  of  Education, the Illinois Community
College Board, the Departments  of  Employment  Security  and
Commerce   and   Community   Affairs   or   other  sponsoring
organizations funded under the federal  Workforce  Investment
Job  Training  Partnership  Act  and other public or licensed
private employment agencies.
(Source: P.A. 92-111, eff. 1-1-02.)

    (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
    Sec. 9A-5.  Exempt recipients.
    (a)  Exempt recipients under Section 9A-4  may  volunteer
to participate.
    (b)  Services  will  be  offered to exempt and non-exempt
individuals who wish to volunteer to participate only to  the
extent resources permit.
    (c)  Exempt  and  non-exempt individuals who volunteer to
participate become program participants  upon  completion  of
the  initial  assessment,  development  of  the employability
plan, and assignment to a component. An exempt individual who
volunteers to participate  may  not  be  sanctioned  for  not
meeting  program  requirements. Volunteers who fail to attend
the orientation or initial assessment meetings or  both  will
not  be  sanctioned.   Exempt  and non-exempt individuals who
attend   the   orientation   meeting   and   become   program
participants   by   completing   the   initial    assessment,
development  of  the  employability plan, and assignment to a
component may be sanctioned  if  they  do  not  meet  program
requirements without good cause.
(Source: P.A. 92-111, eff. 1-1-02.)

    (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
    Sec. 9A-7.  Good Cause and Pre-Sanction Process.
      The Department shall establish by rule what constitutes
good  cause for failure to participate in education, training
and  employment  programs,   failure   to   accept   suitable
employment or terminating employment or reducing earnings.
    The  Department  shall establish, by rule, a pre-sanction
process  to  assist  in  resolving  disputes  over   proposed
sanctions and in determining if good cause exists. Good cause
shall include, but not be limited to:
         (1)  temporary illness for its duration;
         (2)  court    required   appearance   or   temporary
         (3)  (blank);
         (4)  death in the family;
         (5)  (blank);
         (6)  (blank);
         (7)  (blank);
         (8)  (blank);
         (9)  extreme inclement weather;
         (10)  (blank);
         (11)  lack of any support service  even  though  the
    necessary  service is not specifically provided under the
    Department program, to the extent the lack of the  needed
    service presents a significant barrier to participation;
         (12)  if  an  individual is engaged in employment or
    training or both that is consistent with  the  employment
    related  goals  of  the  program,  if such employment and
    training is later approved by Department staff;
         (13)  (blank);
         (14)  failure  of  Department  staff  to   correctly
    forward the information to other Department staff;
         (15)  failure   of   the  participant  to  cooperate
    because of attendance at a test or a mandatory  class  or
    function  at  an educational program (including college),
    when an  education  or  training  program  is  officially
    approved by the Department;
         (16)  failure  of  the participant due to his or her
         (17)  failure  of  the  participant  because  it  is
    determined that he  or  she  should  be  in  a  different
         (18)  non-receipt  by  the  participant  of a notice
    advising him or her of a participation  requirement.,  if
    documented by the participant. Documentation can include,
    but  is not limited to: a written statement from the post
    office or other informed individual: the notice not  sent
    to  the  participant's  last  known address in Department
    records; return of the notice by the post  office;  other
    returned  mail;  proof  of  previous mail theft problems.
    When determining  whether  or  not  the  participant  has
    demonstrated  non-receipt, the Department shall take into
    consideration a participant's history of  cooperation  or
    non-cooperation   in   the   past.    If  the  documented
    non-receipt of mail  occurs  frequently,  the  Department
    shall  explore  an alternative means of providing notices
    of participation requests to participants;
         (19)  (blank);
         (20)  non-comprehension of English,  either  written
    or oral or both;
         (21)  (blank);
         (22)  (blank);
         (23)  child  care  (or day care for an incapacitated
    individual living in the same home as a dependent  child)
    is necessary for the participation or employment and such
    care is not available for a child under age 13;
         (24)  failure to participate in an activity due to a
    scheduled  job  interview,  medical  appointment  for the
    participant or a household member, or school appointment;
         (25)  the   individual   is   homeless.     Homeless
    individuals   (including  the  family)  have  no  current
    residence and no expectation of acquiring one in the next
    30 days.  This includes individuals residing in overnight
    and transitional (temporary)  shelters.   This  does  not
    include  individuals  who  are  sharing  a residence with
    friends or relatives on a continuing basis;
         (26)  circumstances  beyond  the  control   of   the
    participant which prevent the participant from completing
    program requirements; or
         (27)  (blank).
    (b)  (Blank).
    (c) (1)  The  Department shall establish a reconciliation
    procedure to assist in resolving disputes related to  any
    aspect   of  participation,  including  exemptions,  good
    cause,  sanctions  or  proposed   sanctions,   supportive
    services,  assessments, responsibility and service plans,
    assignment to activities, suitability of  employment,  or
    refusals   of   offers   of   employment.   Through   the
    reconciliation   process  the  Department  shall  have  a
    mechanism to identify good cause, ensure that the  client
    is  aware  of the issue, and enable the client to perform
    required activities without facing sanction.
         (2)  A participant may  request  reconciliation  and
    receive  notice  in  writing of a meeting.   At least one
    face-to-face  meeting  may  be   scheduled   to   resolve
    misunderstandings  or  disagreements  related  to program
    participation  and  situations  which  may  lead   to   a
    potential   sanction.    The  meeting  will  address  the
    underlying reason for the dispute and plan  a  resolution
    to   enable   the   individual  to  participate  in  TANF
    employment and work activity requirements.
         (2.5)  If the individual  fails  to  appear  at  the
    reconciliation    meeting   without   good   cause,   the
    reconciliation is unsuccessful and a  sanction  shall  be
         (3)  The reconciliation process shall continue after
    it  is  determined  that the individual did not have good
    cause for non-cooperation.  Any  necessary  demonstration
    of  cooperation  on  the  part of the participant will be
    part  of  the   reconciliation   process.    Failure   to
    demonstrate   cooperation   will   result   in  immediate
         (4)  For the first instance of  non-cooperation,  if
    the  client  reaches  agreement  to cooperate, the client
    shall be  allowed  30  days  to  demonstrate  cooperation
    before  any  sanction  activity  may  be imposed.  In any
    subsequent instances of non-cooperation, the client shall
    be provided the opportunity to show good cause or  remedy
    the   situation   by   immediately   complying  with  the
         (5)  The  Department  shall  document  in  the  case
    record the proceedings of the reconciliation and  provide
    the client in writing with a reconciliation agreement.
         (6)  If  reconciliation  resolves  the  dispute,  no
    sanction  shall be imposed. If the client fails to comply
    with the reconciliation agreement, the  Department  shall
    then  immediately  impose  the  original sanction. If the
    dispute  cannot  be  resolved  during  reconciliation,  a
    sanction shall not be imposed  until  the  reconciliation
    process is complete.
(Source: P.A. 90-17, eff. 7-1-97.)

    (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
    Sec. 9A-8.  Operation of Program.
    (a)  At  the  time  of  application or redetermination of
eligibility under Article IV,  as  determined  by  rule,  the
Illinois  Department shall provide information in writing and
orally  regarding  the  education,  training  and  employment
program to all applicants and  recipients.   The  information
required  shall be established by rule and shall include, but
need not be limited to:
         (1)  education   (including   literacy    training),
    employment  and  training  opportunities  available,  the
    criteria  for  approval  of  those opportunities, and the
    right to request changes in the  personal  responsibility
    and services plan to include those opportunities;
         (1.1)  a  complete  list  of all activities that are
    approvable activities, and the circumstances under  which
    they are approvable, including work activities, substance
    abuse  or  mental  health treatment, activities to escape
    and prevent domestic violence,  caring  for  a  medically
    impaired   family   member,   and  any  other  approvable
    activities, together with the right to and procedures for
    amending the responsibility and services plan to  include
    these activities;
         (1.2)  the   rules  concerning the lifetime limit on
    eligibility,  including  the  current   status   of   the
    applicant   or  recipient  in  terms  of  the  months  of
    remaining eligibility, the criteria under which  a  month
    will  not  count  towards  the  lifetime  limit,  and the
    criteria under which a  recipient  may  receive  benefits
    beyond the end of the lifetime limit;
         (2)  supportive  services  including  child care and
    the rules regarding eligibility for  and  access  to  the
    child  care  assistance  program, transportation, initial
    expenses of employment, job retention,  books  and  fees,
    and any other supportive services;
         (3)  the  obligation  of  the  Department to provide
    supportive services;
         (4)  the    rights    and    responsibilities     of
    participants,      including     exemption,     sanction,
    reconciliation, and good cause criteria  and  procedures,
    termination  for  non-cooperation and reinstatement rules
    and procedures, and appeal and grievance procedures; and
         (5)  the types and locations of child care services.
    (b)  The Illinois Department shall notify  the  recipient
in  writing of the opportunity to volunteer to participate in
the program.
    (c)  (Blank).
    (d)  As  part  of  the  personal   plan   for   achieving
employment and self-sufficiency, the Department shall conduct
an    individualized    assessment   of   the   participant's
employability.  Except as to participation in  the  Get-A-Job
Program,   No participant may be assigned to any component of
the education, training and employment activity prior to such
assessment, provided that a participant may be assigned up to
4  weeks  of  Job  Search prior to such assessment.  The plan
shall include collection of information on  the  individual's
background,  proficiencies,  skills  deficiencies,  education
level,  work history, employment goals, interests, aptitudes,
and employment preferences,  as  well  as  factors  affecting
employability  or  ability to meet participation requirements
(e.g., health, physical or mental  limitations,  child  care,
family circumstances, domestic violence, substance abuse, and
special  needs  of any child of the individual).   As part of
the  plan,  individuals  and  Department  staff  shall   work
together to identify any supportive service needs required to
enable  the  client to participate and meet the objectives of
his  or  her  employability  plan.  The  assessment  may   be
conducted   through   various  methods  such  as  interviews,
testing, counseling, and self-assessment instruments.  In the
assessment process, the Department  shall  offer  to  include
standard  literacy  testing  and  a  determination of English
language proficiency and  shall  provide  it  for  those  who
accept  the offer. for those who display a potential need for
literacy or language services.  For those individuals subject
to a job search demonstration, there may  be  an  abbreviated
assessment,  as defined by rule. Based on the assessment, the
individual will be assigned to the appropriate activity.  The
decision will be based on a determination of the individual's
level of preparation for employment as defined by rule.
    (e)  Recipients determined to be exempt may volunteer  to
participate pursuant to Section 9A-4 and must be assessed.
    (f)  As   part   of   the  personal  plan  for  achieving
employment  and  self-sufficiency  under  Section   4-1,   an
employability  plan  for  recipients  shall  be  developed in
consultation with the participant.  The Department shall have
final responsibility for approving  the  employability  plan.
The employability plan shall:
         (1)  contain an employment goal of the participant;
         (2)  describe  the  services  to  be provided by the
    Department,  including  child  care  and  other   support
         (3)  describe  the  activities,  such  as  component
    assignment, that will be undertaken by the participant to
    achieve the employment goal; and
         (4)  describe  any  other  needs  of the family that
    might be met by the Department.
    (g)  The employability plan shall take into account:
         (1)  available program resources;
         (2)  the participant's support service needs;
         (3)  the participant's skills level and aptitudes;
         (4)  local employment opportunities; and
         (5)  the preferences of the participant.
    (h)  A  reassessment  shall  be  conducted  to  assess  a
participant's progress and to review the  employability  plan
on the following occasions:
         (1)  upon  completion  of  an  activity  and  before
    assignment to an activity;
         (2)  upon the request of the participant;
         (3)  if  the  individual is not cooperating with the
    requirements of the program; and
         (4)  if  the   individual   has   failed   to   make
    satisfactory   progress   in  an  education  or  training
    Based on the reassessment, the Department may revise  the
employability plan of the participant.
(Source: P.A. 90-17, eff. 7-1-97; 91-331, eff. 7-29-99.)

    (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
    Sec.  9A-9.  Program  Activities.   The  Department shall
establish education, training  and  placement  activities  by
rule.   Not  all  of  the same activities need be provided in
each county in the State.  Such activities  may  include  the
    (a)  Education  (Below post secondary).  In the Education
(below post  secondary)  activity,  the  individual  receives
information,   referral,   counseling  services  and  support
services to increase the individual's  employment  potential.
Participants  may  be  referred  to  testing,  counseling and
education resources.   Educational  activities  will  include
basic  and  remedial  education; English proficiency classes;
high school or its equivalency  (e.g.,  GED)  or  alternative
education  at  the  secondary level; and with any educational
program,  structured  study  time   to   enhance   successful
participation.  An individual's participation in an education
program such as literacy, basic adult education, high  school
equivalency  (GED), or a remedial program shall be limited to
2  years  unless  the   individual   also   is   working   or
participating  in  a  work  activity approved by the Illinois
Department as defined by  rule;  this  requirement  does  not
apply, however, to students enrolled in high school.
    (b)  Job   Skills   Training  (Vocational).   Job  Skills
Training is designed to increase the individual's ability  to
obtain   and   maintain   employment.   Job  Skills  Training
activities will include vocational skill classes designed  to
increase  a  participant's  ability  to  obtain  and maintain
employment.  Job  Skills  Training  may  include  certificate
    (c)  Job   Readiness.   The  job  readiness  activity  is
designed to enhance the quality of the individual's level  of
participation  in  the  world  of  work  while  learning  the
necessary  essentials to obtain and maintain employment. This
activity helps individuals gain  the  necessary  job  finding
skills to help them find and retain employment that will lead
to economic independence.
    (d)  Job   Search.    Job   Search   may   be   conducted
individually  or in groups. Job Search includes the provision
of counseling, job seeking skills  training  and  information
dissemination.  Group  job  search  may include training in a
group session.  Assignment exclusively to job  search  cannot
be  in  excess  of 8 consecutive weeks (or its equivalent) in
any period of 12 consecutive months.
    (e)  Work Experience.  Work Experience assignments may be
with private employers or not-for-profit or  public  agencies
in the State.  The Illinois Department shall provide workers'
compensation coverage.  Participants who are not members of a
2-parent  assistance unit may not be assigned more hours than
their cash grant amount  plus  food  stamps  divided  by  the
minimum  wage.   Private  employers  and  not-for-profit  and
public agencies shall not use Work Experience participants to
displace  regular employees.  Participants in Work Experience
may perform work in  the  public  interest  (which  otherwise
meets  the requirements of this Section) for a federal office
or  agency  with  its  consent,   and   notwithstanding   the
provisions  of 31 U.S.C. 1342, or any other provision of law,
such agency may accept such services, but participants  shall
not  be  considered  federal  employees  for  any purpose.  A
participant shall be reassessed at the end of  assignment  to
Work  Experience.   The participant may be reassigned to Work
Experience or assigned to  another  activity,  based  on  the
    (f)  On  the  Job  Training.   In  On the Job Training, a
participant is hired by a  private  or  public  employer  and
while  engaged  in  productive  work  receives  training that
provides knowledge or skills essential to full  and  adequate
performance of the job.
    (g)  Work  Supplementation.  In work supplementation, the
Department pays a wage subsidy to an  employer  who  hires  a
participant.   The  cash  grant  which  a  participant  would
receive  if  not  employed  is diverted and the diverted cash
grant is used to pay the wage subsidy.
    (h)  Post Secondary Education.  Post secondary  education
must be administered by an educational institution accredited
under requirements of State law.  The Illinois Department may
not    approve   an   individual's   participation   in   any
post-secondary  education  program,  other  than   full-time,
short-term vocational training for a specific job, unless the
individual  also  is  employed  part-time,  as defined by the
Illinois Department by rule.
    (i)  Self  Initiated  Education.   Participants  who  are
attending an institution of higher education or a  vocational
or  technical  program  of  their own choosing and who are in
good standing, may continue to attend and receive  supportive
services  only  if the educational program is approved by the
Department, and  is  in  conformity  with  the  participant's
personal  plan  for achieving employment and self-sufficiency
and the participant is employed part-time, as defined by  the
Illinois Department by rule.
    (j)  Job  Development  and  Placement.   Department staff
shall  develop  through  contacts  with  public  and  private
employers unsubsidized job  openings  for  participants.  Job
interviews  will  be  secured for clients by the marketing of
participants  for   specific   job   openings.    Job   ready
individuals may be assigned to Job Development and Placement.
    (k)  Job   Retention.  The  job  retention  component  is
designed to  assist  participants  in  retaining  employment.
Initial  employment  expenses  and job retention services are
provided.   The  individual's  support  service   needs   are
assessed and the individual receives counseling regarding job
retention skills.
    (l)  (Blank).
    (l-5)  Transitional    Jobs.   These   programs   provide
temporary wage-paying work combined with case management  and
other   social   services   designed  to  address  employment
barriers.  The  wage-paying  work  is  treated   as   regular
employment   for  all  purposes  under  this  Code,  and  the
additional activities, as determined by the Transitional Jobs
provider, shall be countable  work  activities.  The  program
must  comply  with  the  anti-displacement provisions of this
Code governing the Work Experience program.
    (m)  Pay-after-performance  Program.   A  parent  may  be
required to participate in a pay-after-performance program in
which the parent must work a specified  number  of  hours  to
earn  the grant.  The program shall comply with provisions of
this Code governing work experience programs.
    (n)  Community  Service.   Community   service   includes
unpaid work that the client performs in his or her community,
such as for a school, church, government agency, or nonprofit
organization.  A participant whose youngest child is 13 years
of  age or older may be required to perform at least 20 hours
of community service per week as a condition  of  eligibility
for aid under Article IV.  The Illinois Department shall give
priority  to  community service placements in public schools,
where participants can serve as hall and lunchroom  monitors,
assist teachers, and perform other appropriate services.
(Source:  P.A.  89-289,  eff.  1-1-96;  90-17,  eff.  7-1-97;
90-457, eff. 1-1-98; 90-655, eff. 7-30-98.)

    (305 ILCS 5/11-1) (from Ch. 23, par. 11-1)
    Sec.   11-1.  No  discrimination).   There  shall  be  no
discrimination or denial of financial aid and social services
on account of the race,  religion,  color,  national  origin,
sex,   marital   status,  or  political  affiliation  of  any
applicant or recipient.  This paragraph shall not prevent the
Department from treating individuals differently as a  result
of  the rights and responsibilities that arise under law from
marital status.
    Participation  in  any  marriage  promotion   or   family
formation  activity is voluntary. Non-participation shall not
affect any person's eligibility for or receipt  of  financial
aid or social services in any program under this Code.
    Where  financial  aid  or  social services are granted to
certain classes of persons under a program for which  federal
funds  are  available,  nothing in this Section shall require
granting of financial aid or social services to other persons
where federal funds would not be available as to those  other
(Source: P.A. 80-354.)

    (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
    Sec.   11-20.1.  Employment;   Rights  of  recipient  and
obligations of Illinois  Department  when  recipients  become
employed;  Assistance  when  a  recipient  has  employment or
earned income or both.
    (a)  When  a  recipient  reports  employment  or   earned
income,  or both, or the Illinois Department otherwise learns
of a recipient's employment or earned income,  or  both,  the
Illinois Department shall provide the recipient with:
         (1)  An  explanation  of  how the earned income will
    affect the  recipient's  eligibility  for  a  grant,  and
    whether  the  recipient  must  engage  in additional work
    activities  to  meet   the   recipient's   monthly   work
    activities  requirement  and what types of activities may
    be approved for that purpose, and whether the  employment
    is  sufficient  to cause months of continued receipt of a
    grant not to be counted against the recipient's  lifetime
    eligibility limit.
         (2)  An  explanation  of  the  Work  Pays  budgeting
    process,  and  an  explanation  of  how the first month's
    income on a new  job  will  be  projected,  and  how  the
    recipient   should  report  the  new  job  to  avoid  the
    Department overestimating the first month's income.
         (3)  An explanation of how the  earned  income  will
    affect  the  recipient's  eligibility  for  food  stamps,
    whether  the  recipient  will  continue  to  receive food
    stamps, and, if so, the amount of food stamps.
         (4)  The  names  and  telephone   numbers   of   all
    caseworkers  to  whom  the  recipient's case or cases are
    assigned or will be transferred, an explanation of  which
    type  of  case  each  worker  will  be  handling, and the
    effective date of the transfer.
         (5)  An    explanation    of     the     recipient's
    responsibilities   to   report   income   and   household
    circumstances,  the  process by which quarterly reporting
    forms are sent to  recipients,  where  and  to  whom  the
    reports should be returned, the deadline by which reports
    must  be  returned,  instructions  on how to fill out the
    reports, an explanation of what the recipient  should  do
    if  he or she does not receive the form, advice on how to
    prove the report was returned by the recipient such as by
    keeping a copy, and an  explanation  of  the  effects  of
    failure to file reports.
         (6)  If  the  recipient  will  continue to receive a
    grant, an explanation of the recipient's new fiscal month
    and a statement as to when the recipient will receive his
    or her grant.
         (7)  An  explanation  of  Kidcare,  Family   Assist,
    Family  Care,  and  the  12  month  extension  of medical
    assistance that is available when a  grant  is  cancelled
    due to earned income.
         (8)  An  explanation  of  the medical assistance the
    person may be eligible for when the  12  month  extension
    expires and how to request or apply for it.
         (9)  An  explanation  of the availability of a child
    care  subsidy  to  all  families  below  the  child  care
    assistance program's income limit, how to apply  for  the
    benefit  through  the Child Care Resource and Referral or
    site-administered child care program or both, the  nature
    of  the  child  care program's sliding scale co-payments,
    the availability of the 10% earned  income  disregard  in
    determining eligibility for child care assistance and the
    amount  of  the  parent  co-payment, the right to use the
    subsidy for either licensed or license exempt legal care,
    and the availability  of  benefits  when  the  parent  is
    engaged in an education and training program.
         (10)  (Blank).
         (11)  (Blank).
         (11a)  (Blank).
         (12)  (Blank).
         (13)  An  explanation of the availability of payment
    for initial expenses of employment and how to request  or
    apply for it.
         (14)  An  explanation of the job retention component
    and how to participate in it, and an explanation  of  the
    recipient's eligibility to receive supportive services to
    participate  in  education  and  training  programs while
         (15)  A statement of the types  of  assistance  that
    will be provided to the person automatically or continued
    and  a statement of the types of assistance for which the
    person must apply or reapply.
         (16)  If the recipient will not continue to  receive
    a  cash  grant  and the recipient has assigned his or her
    right to child support to  the  Illinois  Department,  an
    explanation  of  the  recipient's  right  to  continue to
    receive   child   support   enforcement   services,   the
    recipient's right to have all current support paid  after
    grant  cancellation  forwarded promptly to the recipient,
    the procedures by which child support will be  forwarded,
    and  the  procedures  by  which  the  recipient  will  be
    informed  of  the  collection  and  distribution of child
         (17)  An explanation of the availability of payments
    if the recipient experiences a decrease  in  or  loss  of
    earned  income  during a calendar quarter as to which the
    monthly grant was  previously  budgeted  based  upon  the
    higher income.
         (18)  If  the recipient will not continue to receive
    a cash  grant,  an  explanation  of  the  procedures  for
    reapplying  for cash assistance if the person experiences
    a decrease in or loss of earned income.
         (19)  An explanation of the earned income tax credit
    and the procedures by which it may be  obtained  and  the
    rules  for disregarding it in determining eligibility for
    and the amount of assistance.
         (20)  An explanation of the education  and  training
    opportunities available to recipients.
    (b)  The  information  listed  in subsection (a) shall be
provided to the recipient on an individual  basis  during  an
in-person  meeting  with  a  representative  of  the Illinois
Department.  The individual in-person meeting shall  be  held
at  a  time which does not conflict with the recipient's work
schedule within 30 days of  the  date  the  recipient  begins
working.   If  the  recipient informs the Illinois Department
that an in-person meeting would be inconvenient, the Illinois
Department may provide the information during a  home  visit,
by  telephone,  or  by  mail  within  30 days of the date the
recipient begins working, whichever the client prefers.
    (c)  At  the  conclusion  of  the  meeting  described  in
subsection (b), the Illinois Department shall ensure that all
case transfers and calculations of benefits  necessitated  by
the  recipient's  employment or receipt of earned income have
been performed, that applications have been made or  provided
for  all benefits for which the person must apply or reapply,
and that the person has received payment for initial expenses
of employment.
(Source: P.A. 91-331, eff. 7-29-99.)

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

Effective Date: 08/26/03