96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4810


 
Introduced 1/12/2010, by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 		





 







305 ILCS 5/4-1.13 new











     Amends the Illinois Public Aid Code. Provides that the Department of Human Services may require substance abuse testing as a condition for assistance under the Temporary Assistance For Needy Families (TANF) program. Provides that the Department shall implement a pilot program of substance abuse testing as a condition for TANF eligibility in at least 3 counties, followed by statewide implementation after certain steps have been completed. Contains provisions concerning test results. Requires an annual report to the General Assembly. Provides that these provisions do not apply to an individual 65 years of age or older or to a resident of a facility licensed under the Nursing Home Care Act or the MR/DD Community Care Act. Effective immediately.
  















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB4810

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    AN ACT concerning public aid.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  


 
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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 or the MR/DD Community Care Act.
 

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