HB4004 97TH GENERAL ASSEMBLY

LRB097 14832 KTG 59861 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4004

Introduced 1/18/2012, by Rep. Jim Sacia

SYNOPSIS AS INTRODUCED:

305 ILCS 5/4-1	from Ch. 23, par. 4-1
305 ILCS 5/4-1.13 new

Amends the Temporary Assistance for Needy Family Article of the Illinois Public Aid Code. Requires the Department of Human Services to develop a program to screen and test each applicant or recipient who is otherwise eligible for TANF benefits and who the Department has reasonable suspicion to believe, based on the screening, engages in the unlawful use or consumption of controlled substances. Provides that any applicant or recipient who is found to have tested positive for the unlawful use or consumption of a controlled substance shall, after an administrative hearing conducted by the Department, be declared ineligible for TANF benefits for a period of one year from the date of the administrative hearing decision. Grants the Department the authority to require an applicant or recipient who tested positive for the unlawful use or consumption of a controlled substance to enter a substance abuse program approved by the Department as a condition of continued eligibility for TANF benefits. Effective immediately.

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 changing Section 4-1 and adding Section 4-1.13 as follows:

(305 ILCS 5/4-1) (from Ch. 23, par. 4-1)

Sec. 4-1. Eligibility requirements. Financial aid in meeting basic maintenance requirements for a livelihood compatible with health and well-being shall be given under this Article to or in behalf of families with dependent children who meet the eligibility conditions of the following Sections preceding Section 4-2 Sections 4-1.1 through 4-1.11. It shall be the policy of the Illinois Department to provide aid under this Article to all qualified persons who seek assistance and to conduct outreach efforts to educate the public about the program. The Department shall provide timely, accurate, and fair service to all applicants for assistance. Persons who meet the eligibility criteria authorized under this Article shall be treated equally, provided that nothing in this Article shall be construed to create an entitlement to a particular grant or service level or to aid in amounts not authorized under this Code, nor construed to limit the authority of the General Assembly to change the eligibility requirements or provisions respecting assistance amounts. The General Assembly recognizes that the need for aid will fluctuate with the economic situation in Illinois and that at times the number of people receiving aid under this Article will increase.

The Illinois Department shall advise every applicant for and recipient of aid under this Article of (i) the requirement that all recipients move toward self-sufficiency and (ii) the value and benefits of employment. As a condition of eligibility for that aid, every person who applies for aid under this Article on or after the effective date of this amendatory Act of 1995 shall prepare and submit, as part of the application or subsequent redetermination, a personal plan for achieving employment and self-sufficiency. The plan shall incorporate the individualized assessment and employability plan set out in subsections (d), (f), and (g) of Section 9A-8. The plan may be amended as the recipient's needs change. The assessment process to develop the plan shall include questions that screen for domestic violence issues and steps needed to address these issues may be part of the plan. If the individual indicates that he or she is a victim of domestic violence, he or she may also be referred to an available domestic violence program. Failure of the client to follow through on the personal plan for employment and self-sufficiency may be a basis for sanction under Section 4-21.

(Source: P.A. 96-866, eff. 7-1-10.)

(305 ILCS 5/4-1.13 new)

Sec. 4-1.13. Drug screening and testing; continued eligibility. The Department shall develop a program to screen and test each applicant or recipient who is otherwise eligible for benefits under this Article and who the Department has reasonable suspicion to believe, based on the screening, engages in the unlawful use or consumption of controlled substances. In implementing the provisions of this Section the Department shall not discriminate against any applicant or recipient on the basis of race or ethnicity.

Any applicant or recipient who is found to have tested positive for the unlawful use or consumption of a controlled substance, which was not prescribed for such applicant or recipient by a licensed health care provider, shall, after an administrative hearing conducted by the Department, be declared ineligible for benefits under this Article for a period of one year from the date of the administrative hearing decision.

The Department shall have the authority to require, if it so chooses, an applicant or recipient who tested positive for the unlawful use or consumption of a controlled substance which was not prescribed for such applicant or recipient by a licensed health care provider to enter a substance abuse program approved by the Department as a condition of continued eligibility for benefits under this Article.

In accordance with the rules and regulations of the Department, other members of a household which includes a person who has been declared ineligible for benefits under this Section shall, if otherwise eligible, continue to receive benefits as protective or vendor payments to a third-party payee for the benefit of the members of the household.

The Department shall have the authority to promulgate any rules necessary to implement this Section.

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