Full Text of HB2154 101st General Assembly
HB2154eng 101ST GENERAL ASSEMBLY |
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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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