Full Text of HB0134 98th General Assembly
HB0134 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0134 Introduced 1/14/2013, by Rep. John D. Cavaletto 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 (TANF), 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 (SNAP). Contains provisions concerning notice; persons required to comply with the drug testing requirements; persons exempt for the drug testing requirements; reimbursements for the cost of the drug test; and other matters. Effective July 1, 2013.
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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 12-4.45 as follows: | 6 | | (305 ILCS 5/12-4.45 new) | 7 | | Sec. 12-4.45. 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 | | (1) An individual subject to the requirements of this | 19 | | Section includes any parent or caretaker relative who is | 20 | | included in an assistance unit that receives TANF cash | 21 | | assistance under Article IV of this Code, including an | 22 | | individual who may be exempt from work activity | 23 | | requirements due to the age of the youngest child or who |
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| 1 | | may be exempt from work activity requirements as provided | 2 | | under Section 9A-4 of this Code. | 3 | | (2) An individual who tests positive for controlled | 4 | | substances as a result of a drug test required under this | 5 | | Section is ineligible to receive TANF benefits or SNAP | 6 | | benefits for one year after the date of the positive drug | 7 | | test, unless the individual meets the requirements of | 8 | | paragraph (10) of subsection (b). | 9 | | (b) The Department shall: | 10 | | (1) Provide notice of drug testing to each individual | 11 | | at the time of application. The notice must advise the | 12 | | individual that drug testing will be conducted as a | 13 | | condition for receiving TANF benefits or SNAP benefits and | 14 | | that the individual must bear the cost of testing. If the | 15 | | individual tests negative for controlled substances, the | 16 | | Department shall increase the amount of the initial TANF | 17 | | benefit or SNAP benefit by the amount paid by the | 18 | | individual for the drug testing. The individual shall be | 19 | | advised that the required drug testing may be avoided if | 20 | | the individual does not apply for TANF benefits or SNAP | 21 | | benefits. Dependent children under the age of 18 are exempt | 22 | | from the drug testing requirement. | 23 | | (2) Require that for 2-parent families, both parents | 24 | | must comply with the drug testing requirement. | 25 | | (3) Require that any teen parent who is not required to | 26 | | live with a parent, legal guardian, or other adult |
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| 1 | | caretaker relative must comply with the drug testing | 2 | | requirement. | 3 | | (4) Advise each individual to be tested, before the | 4 | | test is conducted, that he or she may, but is not required | 5 | | to, advise the agent administering the test of any | 6 | | prescription or over-the-counter medication he or she is | 7 | | taking. | 8 | | (5) Require each individual to be tested to sign a | 9 | | written acknowledgment that he or she has received and | 10 | | understood the notice and advice provided under paragraphs | 11 | | (1) and (4). | 12 | | (6) Assure each individual being tested a reasonable | 13 | | degree of dignity while producing and submitting a sample | 14 | | for drug testing, consistent with the State's need to | 15 | | ensure the reliability of the sample. | 16 | | (7) Specify circumstances under which an individual | 17 | | who fails a drug test has the right to take one or more | 18 | | additional tests. | 19 | | (8) Inform an individual who tests positive for a | 20 | | controlled substance and is deemed ineligible for TANF | 21 | | benefits or SNAP benefits that the individual may reapply | 22 | | for those benefits one year after the date of the positive | 23 | | drug test, unless the individual meets the requirements of | 24 | | paragraph (10) of this subsection. If the individual tests | 25 | | positive again, he or she is ineligible to receive TANF | 26 | | benefits or SNAP benefits for 3 years after the date of the |
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| 1 | | second positive drug test, unless the individual meets the | 2 | | requirements of paragraph (10) of this subsection. | 3 | | (9) Provide any individual who tests positive with a | 4 | | list of licensed substance abuse treatment providers | 5 | | available in the area in which he or she resides. Neither | 6 | | the Department nor the State is responsible for providing | 7 | | or paying for substance abuse treatment as part of the | 8 | | screening conducted under this Section. | 9 | | (10) An individual who tests positive under this | 10 | | Section and is denied TANF benefits or SNAP benefits as a | 11 | | result may reapply for those benefits after 6 months if the | 12 | | individual can document the successful completion of a | 13 | | substance abuse treatment program. An individual who has | 14 | | met the requirements of this paragraph and reapplies for | 15 | | TANF benefits or SNAP benefits must also pass an initial | 16 | | drug test and meet the requirements of subsection (a). Any | 17 | | drug test conducted while the individual is undergoing | 18 | | substance abuse treatment must meet the requirements of | 19 | | subsection (a). The cost of any drug testing and substance | 20 | | abuse treatment provided under this Section shall be the | 21 | | responsibility of the individual being tested and | 22 | | receiving treatment. An individual who fails the drug test | 23 | | required under subsection (a) may reapply for benefits | 24 | | under this paragraph (10) only once. | 25 | | (c) If a parent is deemed ineligible for TANF benefits or | 26 | | SNAP benefits as a result of failing a drug test conducted |
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| 1 | | under this Section: | 2 | | (1) The dependent child's eligibility for TANF | 3 | | benefits or SNAP benefits is not affected. | 4 | | (2) An appropriate protective payee shall be | 5 | | designated to receive benefits on behalf of the child. | 6 | | (3) The parent may choose to designate another | 7 | | individual to receive benefits for the parent's minor | 8 | | child. The designated individual must be an immediate | 9 | | family member or, if an immediate family member is not | 10 | | available or the family member declines the option, another | 11 | | individual, approved by the Department, may be designated. | 12 | | The designated individual must also undergo drug testing | 13 | | before being approved to receive benefits on behalf of the | 14 | | child. If the designated individual tests positive for | 15 | | controlled substances, he or she is ineligible to receive | 16 | | benefits on behalf of the child. | 17 | | (d) The Department shall adopt rules to implement this | 18 | | Section.
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2013.
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