Human Services Committee
Filed: 3/11/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 389




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    AMENDMENT NO. ______. Amend House Bill 389, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Illinois Public Aid Code is amended  by 
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adding Section 4-1.13 as follows:
 
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    (305 ILCS 5/4-1.13  new)
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    Sec. 4-1.13. Substance abuse testing.
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    (a) The Department of Human Services may require substance 
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abuse testing as a condition for assistance under the Temporary 
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Assistance For Needy Families (TANF) program under this Article 
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IV.
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    (b) The Department shall implement a pilot program of 
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substance abuse testing as a condition for TANF eligibility in 
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at least 3 counties, including random substance abuse testing.  
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The program shall be implemented statewide, once the Department 
 


 






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has certified that all of the following have been completed:
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        (1) The pilot program has been evaluated by the 
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    Department and the evaluation has been submitted to the 
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    General Assembly.
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        (2) The evaluation includes at least the factors 
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    enumerated in paragraphs (1) through (4) of subsection (e), 
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    as well as an analysis of the pilot program.
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        (3) Six months have passed since the evaluation 
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    required in paragraph (1) of this subsection has been 
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    submitted to the General Assembly.
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    (c) An individual shall not be considered to have tested 
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positive for substance abuse until the sample has been retested 
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to rule out a false positive using the same sample obtained in 
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the original test.  An individual who tests positive shall agree 
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to and participate in substance abuse assessment and shall 
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comply with a required substance abuse treatment plan.  Failure 
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to comply with a substance abuse assessment or treatment plan 
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shall be penalized in a manner consistent with a violation of 
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Section 4-1.9.  The Department may adopt rules to exempt an 
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individual from the substance abuse testing authorized by this 
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Section if the individual has been ordered to participate, and 
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is participating, in a substance abuse rehabilitation program.
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    (d) Before implementing substance abuse testing under this 
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Section, the Department shall notify the General Assembly of 
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the planned implementation.
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    (e) If the Department implements substance abuse testing as 
 


 






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authorized and required by this Section, the Department shall 
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submit an annual report on the testing program to the General 
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Assembly.  The annual report shall include at least all of the 
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following information for the preceding year:
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        (1) The number of individuals tested, the substances 
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    tested for, the results of the testing, and the number of 
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    referrals for treatment.
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        (2) The costs of the testing and the resulting 
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    treatment.
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        (3) Sanctions, if any, that have been imposed on 
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    recipients as a result of the testing program.
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        (4) The percentage and number of households receiving 
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    TANF that include an individual who has tested positive for 
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    substance abuse under the program.
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    (f) The substance abuse testing authorized and required by 
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this Section does not apply to an individual 65 years of age or 
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older or to a resident of a facility licensed under the Nursing 
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Home Care Act.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".