Bill Amendment: IL HB2214 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: DHS-STOLEN SNAP BENEFITS-DATA

Status: 2023-07-28 - Public Act . . . . . . . . . 103-0297 [HB2214 Detail]

Download: Illinois-2023-HB2214-House_Amendment_004.html

---

Rep. Sonya M. Harper

Filed: 3/20/2023

10300HB2214ham004 LRB103 27204 KTG 59465 a
AMENDMENT TO HOUSE BILL 2214
AMENDMENT NO. ______. Amend House Bill 2214 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by
adding Section 12-4.57 as follows:
(305 ILCS 5/12-4.57 new)
Sec. 12-4.57. Stolen SNAP benefits and AABD cash
assistance via card skimming; data collection and reports.
(a) Individuals who have had their benefits provided under
the federal Supplemental Nutrition Assistance Program (SNAP)
or cash under the Aid to the Aged, Blind or Disabled (AABD)
program stolen through card skimming, card cloning, or similar
fraudulent methods, are at risk of significant food
insecurity, hunger, and financial instability. To alleviate
this risk, Illinois shall replace the benefits determined to
be stolen as provided in subsections (c) through (e).

10300HB2214ham004 - 2 - LRB103 27204 KTG 59465 a
(b) As used in this Section, "electronic benefits transfer
card" or "EBT card" means the card issued by the Department of
Human Services for the purpose of enabling a user of the card
to obtain federal Supplemental Nutrition Assistance Program
benefits or cash assistance provided under Article III of this
Code.
(c) Subject to appropriation, the Department of Human
Services shall replace SNAP benefits that were stolen from a
recipient's EBT card by means of card skimming, card cloning,
or some other similar fraudulent method during the period
January 1, 2022 through September 30, 2022 using State funds
and by procedures that align with those set forth in the State
Plan submitted to the U.S. Department of Agriculture's Food
and Nutrition Service in accordance with the Consolidated
Appropriations Act of 2023, Public Law 117-328.
(d) The Department of Human Services shall replace SNAP
benefits that were stolen from a recipient's EBT card by means
of card skimming, card cloning, or some other similar
fraudulent method during the period October 1, 2022 through
September 30, 2024 under the State Plan submitted to and
approved by the U.S. Department of Agriculture's Food and
Nutrition Service in accordance with the Consolidated
Appropriations Act of 2023, Public Law 117-328.
(e) Subject to appropriation, the Department of Human
Services shall replace cash assistance provided under Article
III of this Code that was stolen from a recipient's EBT card by

10300HB2214ham004 - 3 - LRB103 27204 KTG 59465 a
means of card skimming, card cloning, or some other similar
fraudulent method during the period January 1, 2022 through
September 30, 2024. The Department may adopt any rules
necessary to implement this provision, including rules on how
to accept and substantiate recipient claims for stolen
benefits. Where possible, the rules for accepting and
substantiating claims shall be consistent with the State Plan
for SNAP replacement described in subsection (d) and submitted
in accordance with the Consolidated Appropriations Act of
2023, Public Law 117-328.
(f) As the State administrator of benefits provided under
the federally funded Supplemental Nutrition Assistance
Program, the Department of Human Services shall track and
collect data on the scope and frequency of SNAP benefits fraud
in this State where a SNAP recipient's benefits are stolen
from the recipient's electronic benefits transfer card by
means of card skimming, card cloning, or some other similar
fraudulent method. The Department shall specifically keep a
record of every report made to the Department by a SNAP
recipient alleging the theft of benefits due to no fault of the
recipient, the benefit amount stolen, and, if practicable, how
those stolen benefits were used and the location of those
thefts.
(g) The Department shall report its findings to the
General Assembly on an annual basis beginning on January 1,
2024. The Department shall file an annual report no later than

10300HB2214ham004 - 4 - LRB103 27204 KTG 59465 a
the 60th day of the following year following each reporting
period. A SNAP recipient's personally identifiable information
shall be excluded from the reports consistent with State and
federal privacy protections. Each annual report shall also be
posted on the Department's official website.
(h) If the Department determines that a SNAP recipient has
made a substantiated report of stolen benefits due to card
skimming, card cloning, or some other similar fraudulent
method, the Department shall refer the matter to the State's
Attorney who has jurisdiction over the alleged theft or fraud
and shall provide any assistance to that State's Attorney in
the prosecution of the alleged theft or fraud.".