Full Text of HB0170 101st General Assembly
HB0170 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0170 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
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Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Human Services shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families, and that subject to federal approval, the Department shall require a drug test to screen each individual who applies for benefits under the federal Supplemental Nutrition Assistance Program. Contains provisions concerning notice; persons required to comply with the drug testing requirements; persons exempt from the drug testing requirements; reimbursements for the cost of the drug testing; and other matters. Effective July 1, 2019.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 12-4.52 as follows: | 6 | | (305 ILCS 5/12-4.52 new) | 7 | | Sec. 12-4.52. Drug screening for applicants. | 8 | | (a) The Department of Human Services shall require a drug | 9 | | test to screen each individual who applies for Temporary | 10 | | Assistance for Needy Families (TANF) under Article IV of this | 11 | | Code. | 12 | | Subject to federal approval, the Department shall require a | 13 | | drug test to screen each individual who applies for benefits | 14 | | under the federal Supplemental Nutrition Assistance Program | 15 | | (SNAP). | 16 | | The cost of drug testing shall be the responsibility of the | 17 | | individual tested. | 18 | | An individual subject to the requirements of this Section | 19 | | includes any parent or caretaker relative who is included in an | 20 | | assistance unit that receives TANF cash assistance under | 21 | | Article IV of this Code, including an individual who may be | 22 | | exempt from work activity requirements due to the age of the | 23 | | youngest child or who may be exempt from work activity |
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| 1 | | requirements as provided under Section 9A-4 of this Code. | 2 | | An individual who tests positive for controlled substances | 3 | | as a result of a drug test required under this Section is | 4 | | ineligible to receive TANF benefits or SNAP benefits for one | 5 | | year after the date of the positive drug test, unless the | 6 | | individual meets the requirements of subsection (c). | 7 | | (b) The Department shall: | 8 | | (1) provide notice of drug testing to each individual | 9 | | at the time of application; the notice must advise the | 10 | | individual that drug testing will be conducted as a | 11 | | condition for receiving TANF benefits or SNAP benefits and | 12 | | that the individual must bear the cost of the testing; if | 13 | | the individual tests negative for controlled substances, | 14 | | the Department shall increase the amount of the initial | 15 | | TANF benefit or SNAP benefit by the amount paid by the | 16 | | individual for the drug testing; the individual shall be | 17 | | advised that the required drug testing may be avoided if | 18 | | the individual does not apply for TANF benefits or SNAP | 19 | | benefits; dependent children under the age of 18 are exempt | 20 | | from the drug testing requirement; | 21 | | (2) require that for 2-parent families, both parents | 22 | | must comply with the drug testing requirement; | 23 | | (3) require that any teen parent who is not required to | 24 | | live with a parent, legal guardian, or other adult | 25 | | caretaker relative must comply with the drug testing | 26 | | requirement; |
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| 1 | | (4) advise each individual to be tested, before the | 2 | | test is conducted, that he or she may, but is not required | 3 | | to, advise the agent administering the test of any | 4 | | prescription or over-the-counter medication he or she is | 5 | | taking; | 6 | | (5) require each individual to be tested to sign a | 7 | | written acknowledgment that he or she has received and | 8 | | understood the notice and advice provided under paragraphs | 9 | | (1) and (4); | 10 | | (6) ensure each individual being tested a reasonable | 11 | | degree of dignity while producing and submitting a sample | 12 | | for drug testing, consistent with the State's need to | 13 | | ensure the reliability of the sample; | 14 | | (7) specify circumstances under which an individual | 15 | | who fails a drug test has the right to take one or more | 16 | | additional tests; | 17 | | (8) inform an individual who tests positive for a | 18 | | controlled substance and is deemed ineligible for TANF | 19 | | benefits or SNAP benefits that the individual may reapply | 20 | | for those benefits one year after the date of the positive | 21 | | drug test, unless the individual meets the requirements of | 22 | | subsection (c); if the individual tests positive again, he | 23 | | or she is ineligible to receive TANF benefits or SNAP | 24 | | benefits for 3 years after the date of the second positive | 25 | | drug test, unless the individual meets the requirements of | 26 | | subsection (c); and |
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| 1 | | (9) provide any individual who tests positive with a | 2 | | list of licensed substance abuse treatment providers | 3 | | available in the area in which he or she resides; neither | 4 | | the Department nor the State is responsible for providing | 5 | | or paying for substance abuse treatment as part of the | 6 | | screening conducted under this Section. | 7 | | (c) An individual who tests positive under this Section and | 8 | | is denied TANF benefits or SNAP benefits as a result may | 9 | | reapply for those benefits after 6 months if the individual can | 10 | | document the successful completion of a substance abuse | 11 | | treatment program. An individual who has met the requirements | 12 | | of this subsection and reapplies for TANF benefits or SNAP | 13 | | benefits must also pass an initial drug test and meet the | 14 | | requirements of subsection (a). Any drug test conducted while | 15 | | the individual is undergoing substance abuse treatment must | 16 | | meet the requirements of subsection (a). The cost of any drug | 17 | | testing and substance abuse treatment provided under this | 18 | | Section shall be the responsibility of the individual being | 19 | | tested and receiving treatment. An individual who fails the | 20 | | drug test required under subsection (a) may reapply for | 21 | | benefits under this subsection (c) only once. | 22 | | (d) If a parent is deemed ineligible for TANF benefits or | 23 | | SNAP benefits as a result of failing a drug test conducted | 24 | | under this Section: | 25 | | (1) the dependent child's eligibility for TANF | 26 | | benefits or SNAP benefits is not affected; and |
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| 1 | | (2) the parent shall designate another individual to | 2 | | receive benefits for the parent's minor child; the | 3 | | designated individual must be an immediate family member | 4 | | or, if an immediate family member is not available or the | 5 | | family member declines the option, another individual, | 6 | | approved by the Department, may be designated; the | 7 | | designated individual must also undergo drug testing | 8 | | before being approved to receive benefits on behalf of the | 9 | | child; if the designated individual tests positive for | 10 | | controlled substances, he or she is ineligible to receive | 11 | | benefits on behalf of the child. | 12 | | (e) The Department shall adopt rules to implement this | 13 | | Section.
| 14 | | Section 99. Effective date. This Act takes effect July 1, | 15 | | 2019.
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