97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
Introduced 2/15/2012, by Rep. Bill Mitchell
SYNOPSIS AS INTRODUCED:
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, 2012.
|FISCAL NOTE ACT MAY APPLY|
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 12-4.45 as follows:
(305 ILCS 5/12-4.45 new)
Drug screening for applicants.
(a) The Department of Human Services shall require a drug
test to screen each individual who applies for Temporary
Assistance for Needy Families (TANF) under Article IV of this
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
The cost of drug testing shall be the responsibility of the
(1) An individual subject to the requirements of this
Section includes any parent or caretaker relative who is
included in an assistance unit that receives TANF cash
assistance under Article IV of this Code, including an
individual who may be exempt from work activity
requirements due to the age of the youngest child or who
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may be exempt from work activity requirements as provided
under Section 9A-4 of this Code.
(2) An individual who tests positive for controlled
substances as a result of a drug test required under this
Section is ineligible to receive TANF benefits or SNAP
benefits for one year after the date of the positive drug
test, unless the individual meets the requirements of
paragraph (10) of subsection (b).
(b) The Department shall:
(1) Provide notice of drug testing to each individual
at the time of application. The notice must advise the
individual that drug testing will be conducted as a
condition for receiving TANF benefits or SNAP benefits and
that the individual must bear the cost of testing. If the
individual tests negative for controlled substances, the
Department shall increase the amount of the initial TANF
benefit or SNAP benefit by the amount paid by the
individual for the drug testing. The individual shall be
advised that the required drug testing may be avoided if
the individual does not apply for TANF benefits or SNAP
benefits. Dependent children under the age of 18 are exempt
from the drug testing requirement.
(2) Require that for 2-parent families, both parents
must comply with the drug testing requirement.
(3) Require that any teen parent who is not required to
live with a parent, legal guardian, or other adult
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caretaker relative must comply with the drug testing
(4) Advise each individual to be tested, before the
test is conducted, that he or she may, but is not required
to, advise the agent administering the test of any
prescription or over-the-counter medication he or she is
(5) Require each individual to be tested to sign a
written acknowledgment that he or she has received and
understood the notice and advice provided under paragraphs
(1) and (4).
(6) Assure each individual being tested a reasonable
degree of dignity while producing and submitting a sample
for drug testing, consistent with the State's need to
ensure the reliability of the sample.
(7) Specify circumstances under which an individual
who fails a drug test has the right to take one or more
(8) Inform an individual who tests positive for a
controlled substance and is deemed ineligible for TANF
benefits or SNAP benefits that the individual may reapply
for those benefits one year after the date of the positive
drug test, unless the individual meets the requirements of
paragraph (10) of this subsection. If the individual tests
positive again, he or she is ineligible to receive TANF
benefits or SNAP benefits for 3 years after the date of the
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second positive drug test, unless the individual meets the
requirements of paragraph (10) of this subsection.
(9) Provide any individual who tests positive with a
list of licensed substance abuse treatment providers
available in the area in which he or she resides. Neither
the Department nor the State is responsible for providing
or paying for substance abuse treatment as part of the
screening conducted under this Section.
(10) An individual who tests positive under this
Section and is denied TANF benefits or SNAP benefits as a
result may reapply for those benefits after 6 months if the
individual can document the successful completion of a
substance abuse treatment program. An individual who has
met the requirements of this paragraph and reapplies for
TANF benefits or SNAP benefits must also pass an initial
drug test and meet the requirements of subsection (a). Any
drug test conducted while the individual is undergoing
substance abuse treatment must meet the requirements of
subsection (a). The cost of any drug testing and substance
abuse treatment provided under this Section shall be the
responsibility of the individual being tested and
receiving treatment. An individual who fails the drug test
required under subsection (a) may reapply for benefits
under this paragraph (10) only once.
(c) If a parent is deemed ineligible for TANF benefits or
SNAP benefits as a result of failing a drug test conducted
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under this Section:
(1) The dependent child's eligibility for TANF
benefits or SNAP benefits is not affected.
(2) An appropriate protective payee shall be
designated to receive benefits on behalf of the child.
(3) The parent may choose to designate another
individual to receive benefits for the parent's minor
child. The designated individual must be an immediate
family member or, if an immediate family member is not
available or the family member declines the option, another
individual, approved by the Department, may be designated.
The designated individual must also undergo drug testing
before being approved to receive benefits on behalf of the
child. If the designated individual tests positive for
controlled substances, he or she is ineligible to receive
benefits on behalf of the child.
(d) The Department shall adopt rules to implement this
This Act takes effect July 1,