SB1811 103RD GENERAL ASSEMBLY

LRB103 27790 KTG 54168 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1811

Introduced 2/9/2023, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

305 ILCS 5/12-4.57 new

Amends the Administration Article of the Illinois Public Aid Code. Requires the Department of Human Services to comply with the federal Consolidated Appropriations Act, 2023 (Public Law 117-328) and submit a State plan to the U.S. Department of Agriculture's Food and Nutrition Service on the replacement of stolen SNAP benefits for recipients whose benefits were stolen through card skimming, card cloning, or other similar fraudulent methods. Provides that upon federal approval, the Department shall adopt any rules necessary to implement the State plan and replace stolen SNAP benefits for recipients whose LINK cards were fraudulently compromised. Provides that any data the Department is required to submit to the U.S. Department of Agriculture's Food and Nutrition Service on the scope and frequency of SNAP fraud via card skimming, card cloning, or other similar fraudulent methods shall be shared with the Attorney General's Office for criminal prosecution. Provides that subject to appropriation, until the Department receives federal approval for a State plan on the replacement of stolen SNAP benefits, the Department shall replace a SNAP recipient's stolen benefits within 14 days of the Department receiving a report of the theft, if the Department determines that the SNAP recipient's LINK card was fraudulently compromised due to no fault of the recipient. Permits the Department to adopt any rules necessary to implement the amendatory Act. Effective immediately.

A BILL FOR

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 adding Section 12-4.57 as follows:

(305 ILCS 5/12-4.57 new)

Sec. 12-4.57. State plan on the replacement of stolen SNAP benefits.

(a) As used in this Section, "LINK card" means the electronic benefits transfer card issued by the Department of Human Services for the purpose of enabling a user of the card to obtain Supplemental Nutrition Assistance Program (SNAP) benefits or cash.

(b) The Department of Human Services shall comply with Section 501(b) of Title IV of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and submit a State plan to the U.S. Department of Agriculture's Food and Nutrition Service on the replacement of stolen SNAP benefits for recipients whose benefits were stolen through card skimming, card cloning, or other similar fraudulent methods. Upon federal approval, the Department shall adopt any rules necessary to implement the State plan and replace stolen SNAP benefits for recipients whose LINK cards were fraudulently compromised. Any data the Department is required to submit to the U.S. Department of Agriculture's Food and Nutrition Service on the scope and frequency of SNAP fraud via card skimming, card cloning, or other similar fraudulent methods shall be shared with the Attorney General's Office for criminal prosecution.

(c) Subject to appropriation, until the Department receives federal approval for a State plan on the replacement of stolen SNAP benefits, the Department shall replace a SNAP recipient's stolen benefits within 14 days of the Department receiving a report of the theft, if the Department determines that the SNAP recipient's LINK card was fraudulently compromised due to no fault of the recipient. The Department may adopt any rules necessary to implement this subsection.

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