SB1791 EngrossedLRB101 09527 KTG 54625 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing 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.
8Direct County Departments of Public Aid in the administration
9of the federally funded Supplemental Nutritional Assistance
10(SNAP) Program food stamp program, programs to aid refugees and
11Articles III, IV, and V of this Code.
12    The Illinois Department of Human Services shall operate a
13SNAP Employment and Training (SNAP E&T) program Food Stamp
14Employment and Training (FSE&T) program in compliance with
15federal law. The SNAP E&T FSE&T program shall be voluntary in
16every county except those in which the Department can show that
17there are sufficient program slots for at least the majority of
18the county's current non-exempt work registrants as described
19in Section 11-20 of this Code. The SNAP E&T program will have
20an Earnfare component. The Earnfare component shall be
21available in selected geographic areas based on criteria
22established by the Illinois Department of Human Services by
23rule. Participants in Earnfare will, to the extent resources



SB1791 Engrossed- 2 -LRB101 09527 KTG 54625 b

1allow, earn their assistance. Participation in the Earnfare
2program is voluntary, except when ordered by a court of
3competent jurisdiction. Eligibility for Earnfare may be
4limited to only 6 months out of any 12 consecutive month
5period. Clients are not entitled to be placed in an Earnfare
6slot. Earnfare slots shall be made available only as resources
7permit. Earnfare shall be available to persons receiving SNAP
8benefits food stamps who meet eligibility criteria established
9by the Illinois Department of Human Services by rule. The
10Illinois Department may, by rule, extend the Earnfare Program
11to clients who do not receive SNAP benefits food stamps.
12Receipt of SNAP benefits food stamps is not an eligibility
13requirement of Earnfare when a court of competent jurisdiction
14orders an individual to participate in the Earnfare Program. To
15the extent resources permit, the Earnfare program will allow
16participants to engage in work-related activities to earn
17monthly financial assistance payments and to improve
18participants' employability in order for them to succeed in
19obtaining employment. The Illinois Department of Human
20Services may enter into contracts with other public agencies
21including State agencies, with local governmental units, and
22with not-for-profit community based organizations to carry out
23the elements of the Program that the Department of Human
24Services deems appropriate.
25    The Earnfare Program shall contain the following elements:
26        (1) To the extent resources allow and slots exist, the



SB1791 Engrossed- 3 -LRB101 09527 KTG 54625 b

1    Illinois Department of Human Services shall refer
2    recipients of SNAP benefits food stamp assistance who meet
3    eligibility criteria, as established by rule. Receipt of
4    SNAP benefits food stamps is not an eligibility requirement
5    of Earnfare when a court of competent jurisdiction orders
6    an individual to participate in the Earnfare Program.
7        (2) Persons participating in Earnfare shall engage in
8    employment assigned activities equal to the amount of the
9    SNAP food stamp benefits divided by the State or federal
10    minimum wage, whichever is higher, and subsequently shall
11    earn minimum wage assistance for each additional hour of
12    performance in Earnfare activity. Earnfare participants
13    shall be offered the opportunity to earn up to $154. The
14    Department of Human Services may establish a higher amount
15    by rule provided resources permit. If a court of competent
16    jurisdiction orders an individual to participate in the
17    Earnfare program, hours engaged in employment assigned
18    activities shall first be applied for a $50 payment made to
19    the custodial parent as a support obligation. If the
20    individual receives SNAP benefits food stamps, the
21    individual shall engage in employment assigned activities
22    equal to the amount of the SNAP food stamp benefits divided
23    by the State or federal minimum wage, whichever is higher,
24    and subsequently shall earn State or federal minimum wage
25    assistance, whichever is higher, for each additional hour
26    of performance in Earnfare activity.



SB1791 Engrossed- 4 -LRB101 09527 KTG 54625 b

1        (3) To the extent appropriate slots are available, the
2    Illinois Department of Human Services shall assign
3    Earnfare participants to Earnfare activities based on an
4    assessment of the person's age, literacy, education,
5    educational achievement, job training, work experience,
6    and recent institutionalization, whenever these factors
7    are known to the Department of Human Services or to the
8    contractor and are relevant to the individual's success in
9    carrying out the assigned activities and in ultimately
10    obtaining employment.
11        (4) The Department of Human Services shall consider the
12    participant's preferences and personal employment goals in
13    making assignments to the extent administratively possible
14    and to the extent that resources allow.
15        (5) The Department of Human Services may enter into
16    cooperative agreements with local governmental units
17    (which may, in turn, enter into agreements with
18    not-for-profit community based organizations): with other
19    public, including State, agencies; directly with
20    not-for-profit community based organizations, and with
21    private employers to create Earnfare activities for
22    program participants.
23        (6) To the extent resources permit, the Department of
24    Human Services shall provide the Earnfare participants
25    with the costs of transportation in looking for work and in
26    getting to and from the assigned Earnfare job site and



SB1791 Engrossed- 5 -LRB101 09527 KTG 54625 b

1    initial expenses of employment.
2        (7) All income and asset limitations of the Federal
3    SNAP Food Stamp Program will govern continued Earnfare
4    participation, except that court ordered participants
5    shall participate for 6 months unless the court orders
6    otherwise.
7        (8) Earnfare participants shall not displace or
8    substitute for regular, full time or part time employees,
9    regardless of whether or not the employee is currently
10    working, on a leave of absence or in a position or similar
11    position where a layoff has taken place or the employer has
12    terminated the employment of any regular employee or
13    otherwise reduced its workforce with the effect of filling
14    the vacancy so created with a participant subsidized under
15    this program, or is or has been involved in a labor dispute
16    between a labor organization and the sponsor.
17        (9) Persons who fail to cooperate with the SNAP E&T
18    FSE&T program in counties where available program slots
19    exist for at least the majority of that county's current
20    work registrants shall become ineligible for SNAP benefits
21    food stamp assistance according to SNAP Food Stamp
22    regulations, and for Earnfare participation. Failure to
23    participate in Earnfare for all of the hours assigned is
24    not a failure to cooperate unless so established by the
25    employer pursuant to Department of Human Services rules. If
26    a person who is ordered by a court of competent



SB1791 Engrossed- 6 -LRB101 09527 KTG 54625 b

1    jurisdiction to participate in the Earnfare Program fails
2    to cooperate with the Program, the person shall be referred
3    to the court for failure to comply with the court order.
4(Source: P.A. 94-533, eff. 8-10-05.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.