Rep. Sonya M. Harper

Filed: 3/20/2023

 

 


 

 


 
10300HB2214ham004LRB103 27204 KTG 59465 a

1
AMENDMENT TO HOUSE BILL 2214

2    AMENDMENT NO. ______. Amend House Bill 2214 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Aid Code is amended by
5adding 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
8assistance via card skimming; data collection and reports.
9    (a) Individuals who have had their benefits provided under
10the federal Supplemental Nutrition Assistance Program (SNAP)
11or cash under the Aid to the Aged, Blind or Disabled (AABD)
12program stolen through card skimming, card cloning, or similar
13fraudulent methods, are at risk of significant food
14insecurity, hunger, and financial instability. To alleviate
15this risk, Illinois shall replace the benefits determined to
16be stolen as provided in subsections (c) through (e).

 

 

10300HB2214ham004- 2 -LRB103 27204 KTG 59465 a

1    (b) As used in this Section, "electronic benefits transfer
2card" or "EBT card" means the card issued by the Department of
3Human Services for the purpose of enabling a user of the card
4to obtain federal Supplemental Nutrition Assistance Program
5benefits or cash assistance provided under Article III of this
6Code.
7    (c) Subject to appropriation, the Department of Human
8Services shall replace SNAP benefits that were stolen from a
9recipient's EBT card by means of card skimming, card cloning,
10or some other similar fraudulent method during the period
11January 1, 2022 through September 30, 2022 using State funds
12and by procedures that align with those set forth in the State
13Plan submitted to the U.S. Department of Agriculture's Food
14and Nutrition Service in accordance with the Consolidated
15Appropriations Act of 2023, Public Law 117-328.
16    (d) The Department of Human Services shall replace SNAP
17benefits that were stolen from a recipient's EBT card by means
18of card skimming, card cloning, or some other similar
19fraudulent method during the period October 1, 2022 through
20September 30, 2024 under the State Plan submitted to and
21approved by the U.S. Department of Agriculture's Food and
22Nutrition Service in accordance with the Consolidated
23Appropriations Act of 2023, Public Law 117-328.
24    (e) Subject to appropriation, the Department of Human
25Services shall replace cash assistance provided under Article
26III of this Code that was stolen from a recipient's EBT card by

 

 

10300HB2214ham004- 3 -LRB103 27204 KTG 59465 a

1means of card skimming, card cloning, or some other similar
2fraudulent method during the period January 1, 2022 through
3September 30, 2024. The Department may adopt any rules
4necessary to implement this provision, including rules on how
5to accept and substantiate recipient claims for stolen
6benefits. Where possible, the rules for accepting and
7substantiating claims shall be consistent with the State Plan
8for SNAP replacement described in subsection (d) and submitted
9in accordance with the Consolidated Appropriations Act of
102023, Public Law 117-328.
11    (f) As the State administrator of benefits provided under
12the federally funded Supplemental Nutrition Assistance
13Program, the Department of Human Services shall track and
14collect data on the scope and frequency of SNAP benefits fraud
15in this State where a SNAP recipient's benefits are stolen
16from the recipient's electronic benefits transfer card by
17means of card skimming, card cloning, or some other similar
18fraudulent method. The Department shall specifically keep a
19record of every report made to the Department by a SNAP
20recipient alleging the theft of benefits due to no fault of the
21recipient, the benefit amount stolen, and, if practicable, how
22those stolen benefits were used and the location of those
23thefts.
24    (g) The Department shall report its findings to the
25General Assembly on an annual basis beginning on January 1,
262024. The Department shall file an annual report no later than

 

 

10300HB2214ham004- 4 -LRB103 27204 KTG 59465 a

1the 60th day of the following year following each reporting
2period. A SNAP recipient's personally identifiable information
3shall be excluded from the reports consistent with State and
4federal privacy protections. Each annual report shall also be
5posted on the Department's official website.
6    (h) If the Department determines that a SNAP recipient has
7made a substantiated report of stolen benefits due to card
8skimming, card cloning, or some other similar fraudulent
9method, the Department shall refer the matter to the State's
10Attorney who has jurisdiction over the alleged theft or fraud
11and shall provide any assistance to that State's Attorney in
12the prosecution of the alleged theft or fraud.".