97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
Introduced 1/12/2011, by Rep. Jim Sacia
SYNOPSIS AS INTRODUCED:
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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A BILL FOR
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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Public Aid Code is amended by
adding Section 4-1.13 as follows:
(305 ILCS 5/4-1.13 new)
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
(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
(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
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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
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(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 or the MR/DD Community Care Act.
This Act takes effect upon