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| Public Act 101-0566 | ||||
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by | ||||
changing Section 12-4.4 as follows:
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(305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
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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.
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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
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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
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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
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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
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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
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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.
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The Earnfare Program shall contain the following elements:
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(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.
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(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
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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.
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(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.
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(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.
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(5) The Department of Human Services may enter into | ||
cooperative agreements with local
governmental units | ||
(which may, in turn, enter into agreements with
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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.
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(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.
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(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.
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(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
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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.
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(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.
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(Source: P.A. 94-533, eff. 8-10-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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