97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0011

 

Introduced 1/12/2011, 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

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 4-1.13 as follows:
 
6    (305 ILCS 5/4-1.13 new)
7    Sec. 4-1.13. Substance abuse testing.
8    (a) The Department of Human Services may require substance
9abuse testing as a condition for assistance under the Temporary
10Assistance For Needy Families (TANF) program under this Article
11IV.
12    (b) The Department shall implement a pilot program of
13substance abuse testing as a condition for TANF eligibility in
14at least 3 counties, including random substance abuse testing.
15The program shall be implemented statewide, once the Department
16has certified that all of the following have been completed:
17        (1) The pilot program has been evaluated by the
18    Department and the evaluation has been submitted to the
19    General Assembly.
20        (2) The evaluation includes at least the factors
21    enumerated in paragraphs (1) through (4) of subsection (e),
22    as well as an analysis of the pilot program.
23        (3) Six months have passed since the evaluation

 

 

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1    required in paragraph (1) of this subsection has been
2    submitted to the General Assembly.
3    (c) An individual shall not be considered to have tested
4positive for substance abuse until the sample has been retested
5to rule out a false positive using the same sample obtained in
6the original test. An individual who tests positive shall agree
7to and participate in substance abuse assessment and shall
8comply with a required substance abuse treatment plan. Failure
9to comply with a substance abuse assessment or treatment plan
10shall be penalized in a manner consistent with a violation of
11Section 4-1.9. The Department may adopt rules to exempt an
12individual from the substance abuse testing authorized by this
13Section if the individual has been ordered to participate, and
14is participating, in a substance abuse rehabilitation program.
15    (d) Before implementing substance abuse testing under this
16Section, the Department shall notify the General Assembly of
17the planned implementation.
18    (e) If the Department implements substance abuse testing as
19authorized and required by this Section, the Department shall
20submit an annual report on the testing program to the General
21Assembly. The annual report shall include at least all of the
22following information for the preceding year:
23        (1) The number of individuals tested, the substances
24    tested for, the results of the testing, and the number of
25    referrals for treatment.
26        (2) The costs of the testing and the resulting

 

 

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1    treatment.
2        (3) Sanctions, if any, that have been imposed on
3    recipients as a result of the testing program.
4        (4) The percentage and number of households receiving
5    TANF that include an individual who has tested positive for
6    substance abuse under the program.
7    (f) The substance abuse testing authorized and required by
8this Section does not apply to an individual 65 years of age or
9older or to a resident of a facility licensed under the Nursing
10Home Care Act or the MR/DD Community Care Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.