Full Text of HB2214 103rd General Assembly
HB2214ham004 103RD GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 3/20/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2214
| 2 | | AMENDMENT NO. ______. Amend House Bill 2214 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 12-4.57 as follows: | 6 | | (305 ILCS 5/12-4.57 new) | 7 | | Sec. 12-4.57. Stolen SNAP benefits and AABD cash | 8 | | assistance via card skimming; data collection and reports. | 9 | | (a) Individuals who have had their benefits provided under | 10 | | the federal Supplemental Nutrition Assistance Program (SNAP) | 11 | | or cash under the Aid to the Aged, Blind or Disabled (AABD) | 12 | | program stolen through card skimming, card cloning, or similar | 13 | | fraudulent methods, are at risk of significant food | 14 | | insecurity, hunger, and financial instability. To alleviate | 15 | | this risk, Illinois shall replace the benefits determined to | 16 | | be stolen as provided in subsections (c) through (e). |
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| 1 | | (b) As used in this Section, "electronic benefits transfer | 2 | | card" or "EBT card" means the card issued by the Department of | 3 | | Human Services for the purpose of enabling a user of the card | 4 | | to obtain federal Supplemental Nutrition Assistance Program | 5 | | benefits or cash assistance provided under Article III of this | 6 | | Code. | 7 | | (c) Subject to appropriation, the Department of Human | 8 | | Services shall replace SNAP benefits that were stolen from a | 9 | | recipient's EBT card by means of card skimming, card cloning, | 10 | | or some other similar fraudulent method during the period | 11 | | January 1, 2022 through September 30, 2022 using State funds | 12 | | and by procedures that align with those set forth in the State | 13 | | Plan submitted to the U.S. Department of Agriculture's Food | 14 | | and Nutrition Service in accordance with the Consolidated | 15 | | Appropriations Act of 2023, Public Law 117-328. | 16 | | (d) The Department of Human Services shall replace SNAP | 17 | | benefits that were stolen from a recipient's EBT card by means | 18 | | of card skimming, card cloning, or some other similar | 19 | | fraudulent method during the period October 1, 2022 through | 20 | | September 30, 2024 under the State Plan submitted to and | 21 | | approved by the U.S. Department of Agriculture's Food and | 22 | | Nutrition Service in accordance with the Consolidated | 23 | | Appropriations Act of 2023, Public Law 117-328. | 24 | | (e) Subject to appropriation, the Department of Human | 25 | | Services shall replace cash assistance provided under Article | 26 | | III of this Code that was stolen from a recipient's EBT card by |
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| 1 | | means of card skimming, card cloning, or some other similar | 2 | | fraudulent method during the period January 1, 2022 through | 3 | | September 30, 2024. The Department may adopt any rules | 4 | | necessary to implement this provision, including rules on how | 5 | | to accept and substantiate recipient claims for stolen | 6 | | benefits. Where possible, the rules for accepting and | 7 | | substantiating claims shall be consistent with the State Plan | 8 | | for SNAP replacement described in subsection (d) and submitted | 9 | | in accordance with the Consolidated Appropriations Act of | 10 | | 2023, Public Law 117-328. | 11 | | (f) As the State administrator of benefits provided under | 12 | | the federally funded Supplemental Nutrition Assistance | 13 | | Program, the Department of Human Services shall track and | 14 | | collect data on the scope and frequency of SNAP benefits fraud | 15 | | in this State where a SNAP recipient's benefits are stolen | 16 | | from the recipient's electronic benefits transfer card by | 17 | | means of card skimming, card cloning, or some other similar | 18 | | fraudulent method. The Department shall specifically keep a | 19 | | record of every report made to the Department by a SNAP | 20 | | recipient alleging the theft of benefits due to no fault of the | 21 | | recipient, the benefit amount stolen, and, if practicable, how | 22 | | those stolen benefits were used and the location of those | 23 | | thefts. | 24 | | (g) The Department shall report its findings to the | 25 | | General Assembly on an annual basis beginning on January 1, | 26 | | 2024. The Department shall file an annual report no later than |
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| 1 | | the 60th day of the following year following each reporting | 2 | | period. A SNAP recipient's personally identifiable information | 3 | | shall be excluded from the reports consistent with State and | 4 | | federal privacy protections. Each annual report shall also be | 5 | | posted on the Department's official website. | 6 | | (h) If the Department determines that a SNAP recipient has | 7 | | made a substantiated report of stolen benefits due to card | 8 | | skimming, card cloning, or some other similar fraudulent | 9 | | method, the Department shall refer the matter to the State's | 10 | | Attorney who has jurisdiction over the alleged theft or fraud | 11 | | and shall provide any assistance to that State's Attorney in | 12 | | the prosecution of the alleged theft or fraud. ".
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