Full Text of HB2154 101st General Assembly
HB2154 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2154 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/9-6 | from Ch. 23, par. 9-6 | 305 ILCS 5/9A-9.1 new | | 305 ILCS 5/12-4.52 new | |
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Amends the Illinois Public Aid Code. Provides that, for recipients of public aid who are required to comply with the terms of a service plan developed by the Department of Children and Family Services, participation in substance abuse treatment, drug testing, parenting classes, anger management, domestic violence counseling, evaluations, or any other activities specified in the service plan shall count as an approvable job search activity under TANF employment, education, and training programs; the SNAP Employment and Training Program; and any job search, training, and work programs authorized under Article IX of the Code. Requires the Department of Human Services to apply for any federal waivers or approvals necessary to implement the job search exemption.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 9-6 by adding Sections 9A-9.1 and 12-4.52 as | 6 | | follows:
| 7 | | (305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
| 8 | | Sec. 9-6. Job Search, Training and Work Programs. The | 9 | | Illinois Department
and local governmental units shall | 10 | | initiate, promote and develop job search,
training and work | 11 | | programs which will provide employment for and contribute
to | 12 | | the training and experience of persons receiving aid under | 13 | | Articles III,
V, and VI.
| 14 | | The job search, training and work programs shall be | 15 | | designed to preserve and
improve the work habits and skills of | 16 | | recipients for whom jobs are not
otherwise immediately | 17 | | available and to provide training and experience for
recipients | 18 | | who lack the skills required for such employment opportunities | 19 | | as
are or may become available. The Illinois Department and | 20 | | local governmental
unit shall determine by rule those classes | 21 | | of recipients who shall be subject
to participation in such | 22 | | programs. If made subject to participation, every
applicant for | 23 | | or recipient of public aid who is determined to be "able to
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| 1 | | engage in employment", as defined by the Department or local | 2 | | governmental unit
pursuant to rules and regulations, for whom | 3 | | unsubsidized jobs are not otherwise
immediately available | 4 | | shall be required to participate in any program
established | 5 | | under this Section.
| 6 | | The Illinois Department shall establish with the Director | 7 | | of Central
Management Services an outreach and training
program | 8 | | designed to encourage and assist recipients participating in | 9 | | job
search, training and work programs to participate in open | 10 | | competitive
examinations for trainee and other entry level | 11 | | positions to maximize
opportunities for placement on open | 12 | | competitive eligible listings and
referral to State agencies | 13 | | for employment consideration.
| 14 | | The Department shall provide payment for transportation, | 15 | | day-care and
Workers' Compensation costs which occur for | 16 | | recipients as a result of
participating in job search, training | 17 | | and work programs as described in
this Section. The Department | 18 | | may decline to initiate such programs in
areas where eligible | 19 | | recipients would be so few in number as to not
economically | 20 | | justify such programs; and in this event the Department shall
| 21 | | not require persons in such areas to participate in any job | 22 | | search,
training, or work programs whatsoever as a condition of | 23 | | their continued
receipt of, or application for, aid.
| 24 | | The programs may include, but shall not be limited to, | 25 | | service in child
care centers, in preschool programs as teacher | 26 | | aides and in public health
programs as home visitors and health |
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| 1 | | aides; the
maintenance of or services required in connection | 2 | | with public offices,
buildings and grounds; state, county and | 3 | | municipal hospitals, forest
preserves, parks, playgrounds, | 4 | | streets and highways, and other
governmental maintenance or | 5 | | construction directed toward environmental
improvement; and | 6 | | similar facilities.
| 7 | | The Illinois Department or local governmental units may | 8 | | enter into agreements
with local taxing bodies and private | 9 | | not-for-profit organizations, agencies
and institutions to | 10 | | provide for the supervision and administration of job
search, | 11 | | work and training projects authorized by this Section. Such | 12 | | agreements
shall stipulate the requirements for utilization of | 13 | | recipients in such
projects. In addition to any other | 14 | | requirements dealing with the
administration of these | 15 | | programs, the Department shall assure, pursuant to
rules and | 16 | | regulations, that:
| 17 | | (a) Recipients may not displace regular employees.
| 18 | | (b) The maximum number of hours of mandatory work is 8 | 19 | | hours per day and
40 hours per week, not to exceed 120 | 20 | | hours per month.
| 21 | | (c) The maximum number of hours per month shall be | 22 | | determined by
dividing the recipient's benefits by the | 23 | | federal minimum wage, rounded to
the lowest full hour. | 24 | | "Recipient's benefits" in this subsection
includes: (i) | 25 | | both cash assistance and food stamps provided to the
entire | 26 | | assistance unit or household by the Illinois Department |
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| 1 | | where the
job search, work and training program is | 2 | | administered by the Illinois
Department and, where federal | 3 | | programs are involved, includes all such cash
assistance | 4 | | and food stamps provided to the greatest extent allowed by
| 5 | | federal law; or (ii) includes only cash assistance provided | 6 | | to the entire
assistance unit by the local governmental | 7 | | unit where the job search, work
and training program is | 8 | | administered by the local governmental unit.
| 9 | | (d) The recipient shall be provided or compensated for | 10 | | transportation
to and from the work location.
| 11 | | (e) Appropriate terms regarding recipient compensation | 12 | | are met.
| 13 | | Local taxing bodies and private not-for-profit | 14 | | organizations, agencies
and institutions which utilize | 15 | | recipients in job search, work and training
projects authorized | 16 | | by this Section are urged to include such recipients in the
| 17 | | formulation of their employment policies.
| 18 | | Unless directly paid by an employing local taxing body or | 19 | | not-for-profit
agency, a recipient participating in a work | 20 | | project who meets all requirements
set forth by the Illinois | 21 | | Department shall receive credit towards his or
her monthly | 22 | | assistance benefits for work performed based upon the | 23 | | applicable
minimum wage rate. Where a recipient is paid | 24 | | directly by an employing agency,
the Illinois Department or | 25 | | local governmental unit shall provide for payment
to such | 26 | | employing entity the appropriate amount of assistance benefits |
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| 1 | | to
which the recipient would otherwise be entitled under this | 2 | | Code.
| 3 | | The Illinois Department or its designee, including local | 4 | | governmental units,
may enter into agreements with the agencies | 5 | | or institutions providing work
under programs established | 6 | | hereunder for payment to each such employer
(hereinafter called | 7 | | "public service employer") of all or a portion of the
wages to | 8 | | be paid to persons for the work performed and other appropriate | 9 | | costs.
| 10 | | If the number of persons receiving aid under Article VI is | 11 | | insufficient
to justify the establishment of job search, | 12 | | training and work programs
on a local basis by a local | 13 | | governmental unit, or if for other good cause the
establishment | 14 | | of a local program is impractical or unwarranted, the local
| 15 | | governmental unit shall cooperate with other local | 16 | | governmental units, with
civic and non-profit community | 17 | | agencies, and with the Illinois Department in
developing a | 18 | | program or programs which will jointly serve the participating
| 19 | | governmental units and agencies.
| 20 | | A local governmental unit receiving State funds shall refer | 21 | | all
recipients able to engage in employment to such job search, | 22 | | training and work
programs as are established, whether within | 23 | | or without the governmental
unit, and as are accessible to | 24 | | persons receiving aid from the governmental
unit. The Illinois | 25 | | Department shall withhold allocation of state funds to
any | 26 | | governmental unit which fails or refuses to make such |
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| 1 | | referrals.
| 2 | | Participants in job search, training and work programs | 3 | | shall be required
to maintain current registration for regular | 4 | | employment under Section 11-10
and to accept any bona fide | 5 | | offer of regular employment. They shall
likewise be required to | 6 | | accept education, work and training opportunities
available to | 7 | | them under other provisions of this Code or Federal law. The
| 8 | | Illinois Department or local governmental unit shall provide by | 9 | | rule for
periodic review of the circumstances of each | 10 | | participant to determine the
feasibility of his placement in | 11 | | regular employment or other work, education
and training | 12 | | opportunities.
| 13 | | Moneys made available for public aid purposes under | 14 | | Articles IV
and VI may be expended to pay public service | 15 | | employers all or a
portion of the wages of public service | 16 | | employees and other appropriate
costs, to provide necessary | 17 | | supervisory personnel and equipment, to
purchase Workers' | 18 | | Compensation Insurance or to pay Workers' Compensation
claims, | 19 | | and to provide transportation to and from work sites.
| 20 | | The Department shall provide through rules and regulations | 21 | | for sanctions
against applicants and recipients of aid under | 22 | | this Code who fail to cooperate
with the regulations and | 23 | | requirements established pursuant to this Section.
Such | 24 | | sanctions may include the loss of eligibility to receive aid | 25 | | under
Article VI of this Code for up to 3 months.
| 26 | | The Department, in cooperation with a local governmental |
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| 1 | | unit, may maintain
a roster of persons who are required to | 2 | | participate in a local job search,
training and work program. | 3 | | In such cases, the roster shall be available
for inspection by | 4 | | employers for the selection of possible workers.
| 5 | | In addition to the programs authorized by this Section, the | 6 | | Illinois
Department is authorized to administer any job search, | 7 | | training or work
projects in conjunction with the Federal Food | 8 | | Stamp Program, either under
this Section or under other | 9 | | regulations required by the Federal government.
| 10 | | The Illinois Department may also administer pilot programs | 11 | | to provide job
search, training and work programs to unemployed | 12 | | parents of children
receiving child support enforcement | 13 | | services under Article X of this
Code.
| 14 | | Notwithstanding the other provisions of this Section, for | 15 | | recipients required to comply with the terms of a service plan | 16 | | developed by the Department of Children and Family Services, | 17 | | participation in substance abuse treatment, drug testing, | 18 | | parenting classes, anger management, domestic violence | 19 | | counseling, evaluations, or any other activities specified in | 20 | | the service plan shall count as an approvable job search | 21 | | activity under any job search, training, and work programs | 22 | | authorized under this Section. | 23 | | (Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
| 24 | | (305 ILCS 5/9A-9.1 new) | 25 | | Sec. 9A-9.1. Job search; approvable activities. For |
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| 1 | | recipients who are required to comply with the terms of a | 2 | | service plan developed by the Department of Children and Family | 3 | | Services, participation in substance abuse treatment, drug | 4 | | testing, parenting classes, anger management, domestic | 5 | | violence counseling, evaluations, or any other activities | 6 | | specified in the service plan shall count as an approvable job | 7 | | search activity under any education, training, and employment | 8 | | program authorized under this Article. The Department of Human | 9 | | Services shall apply for any federal waivers or approvals | 10 | | necessary to implement this Section. | 11 | | (305 ILCS 5/12-4.52 new) | 12 | | Sec. 12-4.52. Job search; approvable activities; SNAP | 13 | | recipients. For recipients of Supplemental Nutrition | 14 | | Assistance Program (SNAP) benefits who are required to comply | 15 | | with the terms of a service plan developed by the Department of | 16 | | Children and Family Services, participation in substance abuse | 17 | | treatment, drug testing, parenting classes, anger management, | 18 | | domestic violence counseling, evaluations, or any other | 19 | | activities specified in the service plan shall count as an | 20 | | approvable job search activity under the SNAP Employment and | 21 | | Training Program. The Department of Human Services shall apply | 22 | | for any federal waivers or approvals necessary to implement | 23 | | this Section.
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