Bill Text: IL SB1791 | 2019-2020 | 101st General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Aid Code. Changes all references to "Food Stamp Program" to "Supplemental Nutrition Assistance (SNAP) Program". Changes all references to the "Food Stamp Employment and Training Program" to the "SNAP Employment and Training Program". Provides that the SNAP Employment and Training Program shall be voluntary in every county except those in which the Department of Human Services can show that there are sufficient program slots for at least the majority of the county's current non-exempt work registrants. Provides that persons who fail to cooperate with the SNAP Employment and Training Program in counties where available program slots exist for at least the majority of that county's current work registrants shall become ineligible for SNAP benefits according to SNAP regulations. Effective immediately.

Spectrum: Partisan Bill (Democrat 32-1)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0566 [SB1791 Detail]

Download: Illinois-2019-SB1791-Enrolled.html

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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 Section 12-4.4 as follows:
(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 Supplemental Nutrition Assistance
(SNAP) Program 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
SNAP Employment and Training (SNAP E&T) program Food Stamp
Employment and Training (FSE&T) program in compliance with
federal law. The SNAP E&T FSE&T program may only be mandatory
in counties where the Department can show that there are
sufficient program slots for at least the majority of the
county's current non-exempt work registrants as described in
Section 11-20 of this Code. Nothing in this Section shall
prevent the Department from operating a fully voluntary SNAP
E&T program. The SNAP E&T program will have an Earnfare
component. The Earnfare component shall be available in
selected geographic areas based on criteria established by the

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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 SNAP benefits 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 SNAP benefits food stamps. Receipt of SNAP benefits
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:

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(1) To the extent resources allow and slots exist, the
Illinois Department of Human Services shall refer
recipients of SNAP benefits food stamp assistance who meet
eligibility criteria, as established by rule. Receipt of
SNAP benefits 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
SNAP 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 SNAP benefits food stamps, the
individual shall engage in employment assigned activities
equal to the amount of the SNAP 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

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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

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getting to and from the assigned Earnfare job site and
initial expenses of employment.
(7) All income and asset limitations of the Federal
SNAP 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 SNAP E&T
FSE&T program in counties where available program slots
exist for at least the majority of that county's current
work registrants shall become ineligible for SNAP benefits
food stamp assistance according to SNAP 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

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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. 94-533, eff. 8-10-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.