Public Act 094-0533
 		





SB0519 Enrolled
LRB094 10618 DRJ 40953 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 Sections 6-1.7 and 12-4.4 and  by adding Section 9A-15 
as follows:
 



    (305 ILCS 5/6-1.7)  (from Ch. 23, par. 6-1.7)



    Sec. 6-1.7. A recipient of financial aid under this 
Article, which money
or vendor payment is made by a local 
governmental unit which administers aid
under this Article and 
is not a County Department, who is required under
Section 6-1.4 
to register for and accept bona fide offers of employment
as 
provided in Section 11-20 but is not required to participate in 
a job
search, training and work program under Section 9-6, must 
also register
for work with such local governmental unit and 
must perform work without
compensation for a taxing district or 
private not-for-profit
organization as provided in this 
Section.

    A local governmental unit which administers aid under this 
Article shall
maintain a roster of the persons who have 
registered for work in such local
governmental unit, and shall 
assure that such roster is available for the
inspection of the 
governing authorities of all taxing districts or
private 
not-for-profit organizations, or the
duly authorized agents 
thereof, for the selection of possible workers. Each
such local 
governmental unit shall cause persons, who are selected by a

taxing district or private not-for-profit organization to 
perform work,
to be notified at least 24 hours in
advance of 
the time the work is to begin.

    Each such local governmental unit shall assure that the 
following additional
requirements are complied with:

    (a) The taxing district or private not-for-profit 
organization may
not use a person selected to work under this

Section to replace a regular employee.

    (b) The work to be performed for the taxing district or 
private
not-for-profit organization must be reasonably
related 
to the skills or interests of the recipient.

    (c) The maximum number of hours such work may be performed 
is 8 hours
per day and 40 hours per week.

    (d) The recipient shall be provided or compensated for 
transportation
to and from the work location.

    (e) The person selected to work under this Section shall 
receive credit
against his or her monthly benefits under this 
Article, based on the State or federal
minimum wage rate, 
whichever is higher, for the work performed.

    However, a taxing district or private not-for-profit 
organization
using the services of such recipient must pay
the 
recipient at least the State or federal minimum wage, whichever 
is higher, after such recipient has
received credit by the 
Illinois Department equal to the amount of financial
aid 
received under this Article, or the recipient shall be 
discharged.
Moneys made available for public aid purposes under 
this Article may be
expended to purchase worker's compensation 
insurance or to pay worker's
compensation claims.

    For the purposes of this Section, "taxing district" means 
any unit of local
government, as defined in Section 1 of 
Article VII of the Constitution, with
the power to tax, and any 
school district or community college district.

(Source: P.A. 85-114.)

 
    (305 ILCS 5/9A-15  new)
    Sec. 9A-15. Work activity; applicable minimum wage. The 
State or federal minimum wage, whichever is higher, shall be 
used to calculate the required number of hours of participation 
in any earnfare or pay-after-performance activity under 
Section 9A-9 or any other Section of this Code in which a 
recipient of public assistance performs work as a condition of 
receiving the public assistance and the recipient is not paid 
wages for the work.
 



    (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 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 
Food Stamp Employment and Training (FSE&T) program in

compliance with federal law.  The FSE&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 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 food stamps.

Receipt of 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 food stamp assistance who meet eligibility 
    criteria,
as established by rule. Receipt of 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 
    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 food stamps, the individual shall

    engage in employment assigned activities equal to the 
    amount of the 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 
    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 FSE&T 
    program shall become
ineligible for food stamp assistance 
    according to 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. 92-111, eff. 1-1-02.)

 

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