HB5477 98TH GENERAL ASSEMBLY

LRB098 18855 KTG 54001 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5477

Introduced , by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

305 ILCS 5/4-1.5b new

Amends the Temporary Assistance for Needy Families Article of the Illinois Public Aid Code. Provides that not later than 60 days after the effective date of this amendatory Act, the Department of Human Services shall, by emergency rule, establish a program of substance abuse testing as a condition of eligibility for benefits under the Temporary Assistance for Needy Families (TANF) program. Provides that the Department shall require applicants for TANF benefits to submit to substance abuse testing before a final determination of eligibility. Provides that an applicant shall be ineligible for TANF benefits if (i) the applicant tests positive for substance abuse or (ii) the applicant refuses to submit to substance abuse testing. Provides that if an applicant tests positive for substance abuse and agrees to participate in and complete a substance abuse treatment plan and meets all other eligibility requirements, the applicant shall remain eligible to receive benefits. Provides that failure to comply with a substance abuse assessment or treatment plan shall result in the applicant becoming ineligible for benefits. Provides that if an applicant tests negative for substance abuse and meets all the other eligibility requirements for TANF benefits, the cost of administering the substance abuse test to the applicant shall be deducted from the applicant's first benefits payment.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 4-1.5b as follows:

(305 ILCS 5/4-1.5b new)

Sec. 4-1.5b. Substance abuse testing; eligibility.

(a) Not later than 60 days after the effective date of this amendatory Act of the 98th General Assembly, the Department shall, by emergency rule adopted under Section 5-45 of the Illinois Administrative Procedure Act, establish a program of substance abuse testing as a condition of eligibility for benefits under this Article. The Department shall require applicants for benefits under this Article to submit to substance abuse testing before a final determination of eligibility.

(b) If an applicant tests positive for substance abuse, the applicant shall be ineligible to receive benefits under this Article, unless the applicant agrees to participate in and complete a substance abuse treatment plan and meets all other eligibility requirements, in which case the applicant shall remain eligible to receive benefits. Failure to comply with a substance abuse assessment or treatment plan shall result in the applicant becoming ineligible for benefits under this Article.

(c) If an applicant refuses to submit to substance abuse testing, the applicant shall be ineligible to receive benefits under this Article.

(d) If an applicant tests negative for substance abuse and meets all the other eligibility requirements for benefits under this Article, the cost of administering the substance abuse test to the applicant shall be deducted from the applicant's first benefits payment.