Illinois General Assembly - Full Text of Public Act 094-0533
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Public Act 094-0533


 

Public Act 0533 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0533
 
SB0519 Enrolled LRB094 10618 DRJ 40953 b

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

Effective Date: 8/10/2005