Bill Text: IL HB5548 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. In provisions concerning education, training, and employment programs for recipients of public aid, removes all references and provisions concerning the Earnfare component of the SNAP Employment and Training (SNAP E&T) program. Provides that if a court of competent jurisdiction orders an individual to participate in the SNAP E&T program (rather than 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. Amends the Non-Support Punishment Act. In provisions concerning the offense of failure to support, provides that a person convicted of a first offense who is eligible for the SNAP E&T program (rather than the Earnfare program) shall, in lieu of a sentence, be referred to the SNAP E&T program (rather than the Earnfare program). Provides that upon certification of completion of the SNAP E&T program (rather than the Earnfare program), the conviction shall be expunged.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-02-07 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB5548 Detail]

Download: Illinois-2021-HB5548-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5548 Introduced , by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED:
305 ILCS 5/9A-13
305 ILCS 5/9A-16
305 ILCS 5/12-4.4 from Ch. 23, par. 12-4.4
750 ILCS 16/15
Amends the Illinois Public Aid Code. In provisions concerning education, training, and employment programs for recipients of public aid, removes all references and provisions concerning the Earnfare component of the SNAP Employment and Training (SNAP E&T) program. Provides that if a court of competent jurisdiction orders an individual to participate in the SNAP E&T program (rather than 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. Amends the Non-Support Punishment Act. In provisions concerning the offense of failure to support, provides that a person convicted of a first offense who is eligible for the SNAP E&T program (rather than the Earnfare program) shall, in lieu of a sentence, be referred to the SNAP E&T program (rather than the Earnfare program). Provides that upon certification of completion of the SNAP E&T program (rather than the Earnfare program), the conviction shall be expunged.
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A BILL FOR
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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 Sections 9A-13, 9A-16, and 12-4.4 as follows:
(305 ILCS 5/9A-13)
Sec. 9A-13. Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any
workfare, earnfare, pay-after-performance,
work-off-the-grant, work experience, or other activity under
Section 9A-9 or any other Section of this Code in which a
recipient of public assistance performs work for any employer
as a condition of receiving the public assistance, and the
employer does not pay wages for the work; or as any grant
diversion, wage supplementation, or similar program in which
the public assistance grant is provided to the employer as a
subsidy for the wages of any recipient in its workforce.
(b) An employer may not utilize a work activity
participant if such utilization would result in:
(1) the displacement or partial displacement of
current employees, including but not limited to a
reduction in hours of non-overtime or overtime work,
wages, or employment benefits; or

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(2) the filling of a position that would otherwise be
a promotional opportunity for current employees; or
(3) the filling of a position created by or causing
termination, layoff, a hiring freeze, or a reduction in
the workforce; or
(4) the placement of a participant in any established
unfilled vacancy; or
(5) the performance of work by a participant if there
is a strike, lockout, or other labor dispute in which the
employer is engaged.
(c) An employer who wishes to utilize work activity
participants shall, at least 15 days prior to utilizing such
participants, notify the labor organization of the name, work
location, and the duties to be performed by the participant.
(d) The Department of Human Services shall establish a
grievance procedure for employees and labor organizations to
utilize in the event of any alleged violation of this Section.
Notwithstanding the above, a labor organization may utilize
the established grievance or arbitration procedure in its
collective bargaining agreement to contest violations of this
Section.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/9A-16)
Sec. 9A-16. Work activity; applicable minimum wage. The
State or federal minimum wage, whichever is higher, shall be

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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.
(Source: P.A. 94-533, eff. 8-10-05; 95-331, eff. 8-21-07.)
(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, 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 in compliance
with federal law. The SNAP E&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
Illinois Department of Human Services by rule. Participants in

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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 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. Receipt of SNAP benefits 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

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Illinois Department of Human Services shall refer
recipients of SNAP benefits who meet eligibility criteria,
as established by rule. Receipt of SNAP benefits 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 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
SNAP E&T 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, the
individual shall engage in employment assigned activities
equal to the amount of the SNAP 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.

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(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

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initial expenses of employment.
(7) All income and asset limitations of the Federal
SNAP 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
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, 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

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shall be referred to the court for failure to comply with
the court order.
(Source: P.A. 101-566, eff. 8-23-19.)
Section 10. The Non-Support Punishment Act is amended by
changing Section 15 as follows:
(750 ILCS 16/15)
Sec. 15. Failure to support.
(a) A person commits the offense of failure to support
when he or she:
(1) willfully, without any lawful excuse, refuses to
provide for the support or maintenance of his or her
spouse, with the knowledge that the spouse is in need of
such support or maintenance, or, without lawful excuse,
deserts or willfully refuses to provide for the support or
maintenance of his or her child or children in need of
support or maintenance and the person has the ability to
provide the support; or
(2) willfully fails to pay a support obligation
required under a court or administrative order for
support, if the obligation has remained unpaid for a
period longer than 6 months, or is in arrears in an amount
greater than $5,000, and the person has the ability to
provide the support; or
(3) leaves the State with the intent to evade a

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support obligation required under a court or
administrative order for support, if the obligation,
regardless of when it accrued, has remained unpaid for a
period longer than 6 months, or is in arrears in an amount
greater than $10,000; or
(4) willfully fails to pay a support obligation
required under a court or administrative order for
support, if the obligation has remained unpaid for a
period longer than one year, or is in arrears in an amount
greater than $20,000, and the person has the ability to
provide the support.
(a-5) Presumption of ability to pay support. The existence
of a court or administrative order of support that was not
based on a default judgment and was in effect for the time
period charged in the indictment or information creates a
rebuttable presumption that the obligor has the ability to pay
the support obligation for that time period.
(b) Sentence. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) is guilty of a Class A
misdemeanor. A person convicted of an offense under
subdivision (a)(3) or (a)(4) or a second or subsequent offense
under subdivision (a)(1) or (a)(2) is guilty of a Class 4
felony.
(c) Expungement. A person convicted of a first offense
under subdivision (a)(1) or (a)(2) who is eligible for the
SNAP E&T program Earnfare program, shall, in lieu of the

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sentence prescribed in subsection (b), be referred to the SNAP
E&T program Earnfare program. Upon certification of completion
of the SNAP E&T program Earnfare program, the conviction shall
be expunged. If the person fails to successfully complete the
SNAP E&T program Earnfare program, he or she shall be
sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses
committed under this Act shall be as provided under Articles 8
and 9 of Chapter V of the Unified Code of Corrections, except
that the court shall order restitution of all unpaid support
payments and may impose the following fines, alone, or in
addition to a sentence of imprisonment under the following
circumstances:
(1) from $1,000 to $5,000 if the support obligation
has remained unpaid for a period longer than 2 years, or is
in arrears in an amount greater than $1,000 and not
exceeding $10,000;
(2) from $5,000 to $10,000 if the support obligation
has remained unpaid for a period longer than 5 years, or is
in arrears in an amount greater than $10,000 and not
exceeding $20,000; or
(3) from $10,000 to $25,000 if the support obligation
has remained unpaid for a period longer than 8 years, or is
in arrears in an amount greater than $20,000.
(e) Restitution shall be ordered in an amount equal to the
total unpaid support obligation as it existed at the time of

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sentencing. Any amounts paid by the obligor shall be allocated
first to current support and then to restitution ordered and
then to fines imposed under this Section.
(f) For purposes of this Act, the term "child" shall have
the meaning ascribed to it in Section 505 of the Illinois
Marriage and Dissolution of Marriage Act.
(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)