Labor Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 4730
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2 | AMENDMENT NO. ______. Amend House Bill 4730 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Sections 6-1.7 and 12-4.4 and by adding Section 9A-15 | ||||||
6 | as follows:
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7 | (305 ILCS 5/6-1.7) (from Ch. 23, par. 6-1.7)
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8 | Sec. 6-1.7. A recipient of financial aid under this | ||||||
9 | Article, which money
or vendor payment is made by a local | ||||||
10 | governmental unit which administers aid
under this Article and | ||||||
11 | is not a County Department, who is required under
Section 6-1.4 | ||||||
12 | to register for and accept bona fide offers of employment
as | ||||||
13 | provided in Section 11-20 but is not required to participate in | ||||||
14 | a job
search, training and work program under Section 9-6, must | ||||||
15 | also register
for work with such local governmental unit and | ||||||
16 | must perform work without
compensation for a taxing district or | ||||||
17 | private not-for-profit
organization as provided in this | ||||||
18 | Section.
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19 | A local governmental unit which administers aid under this | ||||||
20 | Article shall
maintain a roster of the persons who have | ||||||
21 | registered for work in such local
governmental unit, and shall | ||||||
22 | assure that such roster is available for the
inspection of the | ||||||
23 | governing authorities of all taxing districts or
private | ||||||
24 | not-for-profit organizations, or the
duly authorized agents |
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1 | thereof, for the selection of possible workers. Each
such local | ||||||
2 | governmental unit shall cause persons, who are selected by a
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3 | taxing district or private not-for-profit organization to | ||||||
4 | perform work,
to be notified at least 24 hours in
advance of | ||||||
5 | the time the work is to begin.
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6 | Each such local governmental unit shall assure that the | ||||||
7 | following additional
requirements are complied with:
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8 | (a) The taxing district or private not-for-profit | ||||||
9 | organization may
not use a person selected to work under this
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10 | Section to replace a regular employee.
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11 | (b) The work to be performed for the taxing district or | ||||||
12 | private
not-for-profit organization must be reasonably
related | ||||||
13 | to the skills or interests of the recipient.
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14 | (c) The maximum number of hours such work may be performed | ||||||
15 | is 8 hours
per day and 40 hours per week.
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16 | (d) The recipient shall be provided or compensated for | ||||||
17 | transportation
to and from the work location.
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18 | (e) The person selected to work under this Section shall | ||||||
19 | receive credit
against his or her monthly benefits under this | ||||||
20 | Article, based on the State or federal
minimum wage rate, | ||||||
21 | whichever is higher, for the work performed.
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22 | However, a taxing district or private not-for-profit | ||||||
23 | organization
using the services of such recipient must pay
the | ||||||
24 | recipient at least the State or federal minimum wage , whichever | ||||||
25 | is higher, after such recipient has
received credit by the | ||||||
26 | Illinois Department equal to the amount of financial
aid | ||||||
27 | received under this Article, or the recipient shall be | ||||||
28 | discharged.
Moneys made available for public aid purposes under | ||||||
29 | this Article may be
expended to purchase worker's compensation | ||||||
30 | insurance or to pay worker's
compensation claims.
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31 | For the purposes of this Section, "taxing district" means | ||||||
32 | any unit of local
government, as defined in Section 1 of | ||||||
33 | Article VII of the Constitution, with
the power to tax, and any | ||||||
34 | school district or community college district.
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1 | (Source: P.A. 85-114.)
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2 | (305 ILCS 5/9A-15 new) | ||||||
3 | Sec. 9A-15. Work activity; applicable minimum wage. The | ||||||
4 | State or federal minimum wage, whichever is higher, shall be | ||||||
5 | used to calculate the required number of hours of participation | ||||||
6 | in any earnfare or pay after performance activity under Section | ||||||
7 | 9A-9 or any other Section of this Code in which a recipient of | ||||||
8 | public assistance performs work as a condition of receiving the | ||||||
9 | public assistance and the recipient is not paid wages for the | ||||||
10 | work.
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11 | (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
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12 | Sec. 12-4.4. Administration of federally-aided programs. | ||||||
13 | Direct
County Departments of Public Aid in the administration | ||||||
14 | of
the federally
funded food stamp program, programs to aid | ||||||
15 | refugees and Articles III,
IV, and V of this Code.
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16 | The
Illinois Department of Human Services
shall operate a | ||||||
17 | Food Stamp Employment and Training (FSE&T) program in
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18 | compliance with federal law. The FSE&T program will have an | ||||||
19 | Earnfare
component. The Earnfare component shall be available | ||||||
20 | in selected geographic
areas based on criteria established by | ||||||
21 | the Illinois Department of Human
Services by rule.
Participants | ||||||
22 | in Earnfare will, to the extent resources allow, earn their
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23 | assistance. Participation in the Earnfare program is | ||||||
24 | voluntary, except when
ordered by a court of competent | ||||||
25 | jurisdiction. Eligibility for Earnfare may
be limited to only 6 | ||||||
26 | months out of any 12 consecutive month period. Clients are
not | ||||||
27 | entitled to be placed in an Earnfare slot. Earnfare slots shall | ||||||
28 | be made
available only as resources permit. Earnfare shall be | ||||||
29 | available to persons
receiving food stamps who meet eligibility | ||||||
30 | criteria established by the Illinois
Department of Human | ||||||
31 | Services by rule.
The Illinois Department may, by rule, extend | ||||||
32 | the Earnfare Program to clients
who do not receive food stamps.
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1 | Receipt of food stamps is not an
eligibility requirement of
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2 | Earnfare when a court of competent jurisdiction orders an | ||||||
3 | individual to
participate in the Earnfare Program. To
the | ||||||
4 | extent resources permit, the Earnfare program will allow | ||||||
5 | participants
to engage in work-related activities to earn | ||||||
6 | monthly financial assistance
payments and to improve | ||||||
7 | participants' employability in order for them to
succeed in | ||||||
8 | obtaining employment. The Illinois Department of Human | ||||||
9 | Services may enter into
contracts with other public agencies | ||||||
10 | including State agencies, with local
governmental units, and | ||||||
11 | with not-for-profit community based organizations
to carry out | ||||||
12 | the elements of the Program that the Department of Human | ||||||
13 | Services deems appropriate.
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14 | The Earnfare Program shall contain the following elements:
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15 | (1) To the extent resources allow and slots exist, the | ||||||
16 | Illinois Department of Human Services
shall refer | ||||||
17 | recipients of food stamp assistance who meet eligibility | ||||||
18 | criteria,
as established by rule. Receipt of food stamps is | ||||||
19 | not an eligibility
requirement of Earnfare when a court of | ||||||
20 | competent jurisdiction orders an
individual to participate | ||||||
21 | in the Earnfare Program.
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22 | (2) Persons participating in Earnfare shall engage in | ||||||
23 | employment
assigned activities equal to the amount of the | ||||||
24 | food stamp benefits divided
by the State or federal minimum | ||||||
25 | wage , whichever is higher, and subsequently shall earn | ||||||
26 | minimum wage
assistance for each additional hour of | ||||||
27 | performance in Earnfare activity.
Earnfare participants | ||||||
28 | shall be offered the opportunity to earn up to $154. The
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29 | Department of Human Services may establish a higher amount | ||||||
30 | by rule provided resources permit.
If a court of competent | ||||||
31 | jurisdiction orders an individual to participate in
the | ||||||
32 | Earnfare program, hours engaged in employment assigned | ||||||
33 | activities shall
first be applied for a $50 payment made to | ||||||
34 | the custodial parent as a support
obligation. If the |
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1 | individual receives food stamps, the individual shall
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2 | engage in employment assigned activities equal to the | ||||||
3 | amount of the food stamp
benefits divided by the State or
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4 | federal minimum wage , whichever is higher, and | ||||||
5 | subsequently shall earn
State or federal minimum wage | ||||||
6 | assistance , whichever is higher, for each additional hour | ||||||
7 | of performance in Earnfare
activity.
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8 | (3) To the extent appropriate slots are available, the | ||||||
9 | Illinois
Department of Human Services shall assign | ||||||
10 | Earnfare participants to Earnfare activities based
on an | ||||||
11 | assessment of the person's age, literacy, education, | ||||||
12 | educational
achievement, job training, work experience, | ||||||
13 | and recent institutionalization,
whenever these factors | ||||||
14 | are known to the Department of Human Services or to the | ||||||
15 | contractor and
are relevant to the individual's success in | ||||||
16 | carrying out the assigned
activities and in ultimately | ||||||
17 | obtaining employment.
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18 | (4) The Department of Human Services shall consider the | ||||||
19 | participant's preferences and
personal employment goals in | ||||||
20 | making assignments to the extent
administratively possible | ||||||
21 | and to the extent that resources allow.
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22 | (5) The Department of Human Services may enter into | ||||||
23 | cooperative agreements with local
governmental units | ||||||
24 | (which may, in turn, enter into agreements with
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25 | not-for-profit community based organizations): with other | ||||||
26 | public, including
State, agencies; directly with | ||||||
27 | not-for-profit community based organizations,
and with | ||||||
28 | private employers to create Earnfare activities for | ||||||
29 | program
participants.
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30 | (6) To the extent resources permit, the Department of | ||||||
31 | Human Services shall provide the
Earnfare participants | ||||||
32 | with the costs of transportation in looking for work
and in | ||||||
33 | getting to and from the assigned Earnfare job site and | ||||||
34 | initial
expenses of employment.
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1 | (7) All income and asset limitations of the Federal | ||||||
2 | Food Stamp Program
will govern continued Earnfare | ||||||
3 | participation, except that court ordered
participants | ||||||
4 | shall participate for 6 months unless the court orders | ||||||
5 | otherwise.
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6 | (8) Earnfare participants shall not displace or | ||||||
7 | substitute for regular,
full time or part time employees, | ||||||
8 | regardless of whether or not the employee
is currently | ||||||
9 | working, on a leave of absence or in a position or similar
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10 | position where a layoff has taken place or the employer has | ||||||
11 | terminated the
employment of any regular employee or | ||||||
12 | otherwise reduced its workforce with
the effect of filling | ||||||
13 | the vacancy so created with a participant subsidized
under | ||||||
14 | this program, or is or has been involved in a labor dispute | ||||||
15 | between a
labor organization and the sponsor.
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16 | (9) Persons who fail to cooperate with the FSE&T | ||||||
17 | program shall become
ineligible for food stamp assistance | ||||||
18 | according to Food Stamp regulations,
and for Earnfare | ||||||
19 | participation. Failure to participate in Earnfare for all
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20 | of the hours assigned is not a failure to cooperate unless | ||||||
21 | so established
by the employer pursuant to Department of | ||||||
22 | Human Services rules.
If a person who is ordered by a court | ||||||
23 | of competent jurisdiction to
participate in the Earnfare | ||||||
24 | Program fails to cooperate with the Program, the
person | ||||||
25 | shall be referred to the court for failure to comply with | ||||||
26 | the court
order.
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27 | (Source: P.A. 92-111, eff. 1-1-02.)
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28 | Section 99. Effective date. This Act takes effect upon | ||||||
29 | becoming law.".
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