HB0389ham002 96TH GENERAL ASSEMBLY

Human Services Committee

Filed: 3/11/2009

09600HB0389ham002 LRB096 07773 DRJ 23413 a

AMENDMENT TO HOUSE BILL 389

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

"Section 5. The Illinois Public Aid Code is amended by adding Section 4-1.13 as follows:

(305 ILCS 5/4-1.13 new)

Sec. 4-1.13. Substance abuse testing.

(a) The Department of Human Services may require substance abuse testing as a condition for assistance under the Temporary Assistance For Needy Families (TANF) program under this Article IV.

(b) The Department shall implement a pilot program of substance abuse testing as a condition for TANF eligibility in at least 3 counties, including random substance abuse testing. The program shall be implemented statewide, once the Department has certified that all of the following have been completed:

(1) The pilot program has been evaluated by the Department and the evaluation has been submitted to the General Assembly.

(2) The evaluation includes at least the factors enumerated in paragraphs (1) through (4) of subsection (e), as well as an analysis of the pilot program.

(3) Six months have passed since the evaluation required in paragraph (1) of this subsection has been submitted to the General Assembly.

(c) An individual shall not be considered to have tested positive for substance abuse until the sample has been retested to rule out a false positive using the same sample obtained in the original test. An individual who tests positive shall agree to and participate in substance abuse assessment and shall comply with a required substance abuse treatment plan. Failure to comply with a substance abuse assessment or treatment plan shall be penalized in a manner consistent with a violation of Section 4-1.9. The Department may adopt rules to exempt an individual from the substance abuse testing authorized by this Section if the individual has been ordered to participate, and is participating, in a substance abuse rehabilitation program.

(d) Before implementing substance abuse testing under this Section, the Department shall notify the General Assembly of the planned implementation.

(e) If the Department implements substance abuse testing as authorized and required by this Section, the Department shall submit an annual report on the testing program to the General Assembly. The annual report shall include at least all of the following information for the preceding year:

(1) The number of individuals tested, the substances tested for, the results of the testing, and the number of referrals for treatment.

(2) The costs of the testing and the resulting treatment.

(3) Sanctions, if any, that have been imposed on recipients as a result of the testing program.

(4) The percentage and number of households receiving TANF that include an individual who has tested positive for substance abuse under the program.

(f) The substance abuse testing authorized and required by this Section does 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.

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