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SB 3360

DHS-SNAP OVERPAYMENT ERRORS

104th Regular Session Introduced by Mike Simmons-Gessesse

DHS cannot collect SNAP overpayments caused by agency error, pending applicable federal waivers or approvals.

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WeVote Research Nonpartisan
Bill Summary · SB 3360

Summary of SB3360 (104th General Assembly, Illinois)

Title

SNAP Overpayment Errors; DHS not to pursue debt collection for agency-error overpayments

Purpose and Intent

SB3360 amends the Illinois Public Aid Code to prevent the Department of Human Services (DHS) from collecting or initiating debt collection actions to recover SNAP benefits overpayments when those overpayments arise due to DHS or agency error. The bill directs DHS to seek any federal waivers or approvals necessary to implement this policy, subject to applicable federal authorization.

Key Provisions

  • New Provision Created: Adds Section 12-4.60 to the Illinois Public Aid Code.
  • Definition: “SNAP” refers to the federal Supplemental Nutrition Assistance Program.
  • Prohibition on Recovery Actions:
    • DHS may not collect or initiate any debt collection to recoup SNAP benefits that were overpaid to a recipient as a result of an agency error.
  • Federal Compliance: The provision is effective only to the extent it is allowable under, and requires, any federal waivers or approvals. DHS must apply for and pursue these waivers/approvals as needed to implement the prohibition.

Who Would Be Affected

  • Primary Beneficiary: SNAP recipients who were overpaid due to DHS or agency error (not due to recipient error or fraud) would be protected from debt collection efforts to recover those overpayments.
  • DHS: Responsible for administering SNAP and for seeking any necessary federal approvals to enact the new policy.

Procedural and Timeline Aspects

  • Effective Pathway: The provision requires DHS to obtain any applicable federal waivers or approvals before fully implementing the prohibitions.
  • Legislative Timeline:
    • Introduced February 4, 2026.
    • Assigned to committees, with rule deadlines established (e.g., Rule 2-10 deadline by April 24, 2026; third-reading deadline by May 15, 2026).
    • Committee progression and final passage depend on legislative process and federal waiver timing.

Potential Impacts and Considerations

  • Policy Impact: Shifts DHS policy to protect SNAP overpayments caused by agency error from collection efforts, potentially reducing financial recovery actions against affected households.
  • Fiscal and Administrative Impact: If federal waivers/approvals are granted, DHS would implement the prohibition nationwide within the state’s SNAP administration framework; the absence or delay of waivers could affect timeline and enforceability.
  • Limitations: The bill explicitly ties the prohibition to federal approval; without such approvals, the prohibition may not take effect or could be constrained.
  • Scope of Protection: Applies specifically to overpayments resulting from agency error, not overpayments due to recipient error or intentional fraud.

Sponsor and Support

  • Primary Sponsor: Senator Mike Simmons
  • Co-Sponsor: Senator Mike Simmons-Gessesse

This summary provides a concise overview of SB3360’s aims, mechanisms, and potential consequences, focusing on how it changes SNAP overpayment recovery practices in Illinois pending federal alignment.

Compiled from official sources — confirm details with the bill’s official record.

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