102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0658

 

Introduced 2/8/2021, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for medical assistance benefits provided under the State's Medical Assistance program or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), an applicant must pass a drug screening. Provides that as a condition of continued eligibility for such benefits, a recipient must pass random drug screenings as prescribed by the Department of Human Services. Requires the Department to adopt rules requiring applicants for TANF benefits or SNAP benefits to actively seek work in order to qualify for such benefits. Provides that the rules adopted by the Department shall be in compliance with those rules under the Unemployment Insurance Act and adopted by the Department of Employment Security requiring unemployed individuals to actively seek employment in order to qualify for unemployment insurance benefits. Requires the Department to adopt rules that allow recipients of TANF benefits or SNAP benefits to experience a gradual reduction in benefits as earnings increase. Increases the penalties for using another person's cash assistance benefits or SNAP benefits. Contains provisions requiring photo identification when using a LINK card to obtain SNAP benefits or cash. Provides that no recipient of TANF benefits shall use his or her benefits to purchase lottery tickets or to patronize any casino or licensed establishment that operates video gaming terminals for the purpose of engaging in gambling or video gaming activities.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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
5changing Sections 8A-5A and 8A-6 and by adding Sections
61-10.5, 1-10.6, 4-8a, 8A-4B, 12-4.4a, and 12-4.4b as follows:
 
7    (305 ILCS 5/1-10.5 new)
8    Sec. 1-10.5. Drug screening. As a condition of initial
9eligibility for medical assistance benefits provided under
10Article V of this Code or, subject to federal approval,
11benefits provided under the federal Supplemental Nutrition
12Assistance Program (SNAP), an applicant must pass a drug
13screening as provided in Section 12-4.4b of this Code. As a
14condition of continued eligibility for medical assistance
15benefits provided under Article V of this Code or, subject to
16federal approval, SNAP benefits, a recipient must pass random
17drug screenings as prescribed by the Department of Human
18Services.
19    The substance abuse testing required under this Section
20shall not apply to dependent children under 18 years of age,
21persons with children in the assistance unit, persons with
22disabilities, persons 65 years of age or older, or persons who
23reside at a facility licensed under the Nursing Home Care Act

 

 

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1or the ID/DD Community Care Act.
 
2    (305 ILCS 5/1-10.6 new)
3    Sec. 1-10.6. TANF recipients; actively seeking work;
4rules. The Department of Human Services shall adopt rules
5requiring applicants for cash assistance benefits provided
6under Article IV of this Code or, subject to federal approval,
7applicants for benefits provided under the federal
8Supplemental Nutrition Assistance Program (SNAP) to actively
9seek work in order to qualify for such benefits. The rules
10adopted by the Department shall be in compliance with those
11rules under the Unemployment Insurance Act and adopted by the
12Department of Employment Security requiring unemployed
13individuals to actively seek employment in order to qualify
14for unemployment insurance benefits, and shall include any
15exceptions, as the Department of Human Services deems
16appropriate, to those rules under the Unemployment Insurance
17Act and adopted by the Department of Employment Security
18requiring unemployed individuals to actively seek employment
19in order to qualify for unemployment insurance benefits.
20    The Department shall adopt rules that allow recipients of
21cash assistance benefits provided under Article IV of this
22Code or SNAP benefits to experience a gradual reduction in
23benefits as earnings increase.
 
24    (305 ILCS 5/4-8a new)

 

 

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1    Sec. 4-8a. Prohibited purchases. No recipient of cash
2assistance benefits provided under this Article shall use his
3or her cash assistance benefits to purchase lottery tickets or
4to patronize any casino or licensed establishment that
5operates video gaming terminals for the purpose of engaging in
6gambling or video gaming activities. The Department shall
7adopt any rules necessary to implement this provision.
8    As used in this Section, "video gaming terminal" has the
9meaning ascribed to that term under the Video Gaming Act.
 
10    (305 ILCS 5/8A-4B new)
11    Sec. 8A-4B. Penalty for unauthorized possession and use of
12cash assistance benefits. Notwithstanding any provision of law
13to the contrary, any person who possesses for an unlawful
14purpose another person's Electronic Benefit Transfer (EBT)
15card or LINK card in order to use or transfer in any manner not
16authorized by law or the rules and regulations of the
17Department of Human Services the cash assistance benefits held
18on that EBT or LINK card is guilty of a violation of this
19Article and shall be subject to the penalties established
20under Section 8A-6.
 
21    (305 ILCS 5/8A-5A)  (from Ch. 23, par. 8A-5A)
22    Sec. 8A-5A. Unauthorized possession of identification
23document. Any person who possesses for an unlawful purpose
24another person's identification document issued by the

 

 

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1Illinois Department shall be guilty of a Class 4 felony. For
2purposes of this Section, "identification document" includes
3but is not limited to an authorization to participate in the
4federal Supplemental Nutrition Assistance Program food stamp
5program or the federal surplus food commodities program, or a
6card or other document which identifies a person as being
7entitled to public aid under this Code.
8    Notwithstanding any provision of this Section to the
9contrary, any person who possesses for an unlawful purpose
10another person's Electronic Benefit Transfer (EBT) card or
11LINK card issued by the Department of Human Services shall be
12guilty of a Class 3 felony.
13(Source: P.A. 86-1012.)
 
14    (305 ILCS 5/8A-6)  (from Ch. 23, par. 8A-6)
15    Sec. 8A-6. Classification of violations.
16    (a) Any person, firm, corporation, association, agency,
17institution or other legal entity that has been found by a
18court to have engaged in an act, practice or course of conduct
19declared unlawful under Sections 8A-2 through 8A-5 or Section
208A-13 or 8A-14 where:
21        (1) the total amount of money involved in the
22    violation, including the monetary value of cash assistance
23    benefits or federal Supplemental Nutrition Assistance
24    Program (SNAP) benefits food stamps and the value of
25    commodities, is less than $150, shall be guilty of a Class

 

 

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1    4 felony Class A misdemeanor;
2        (2) the total amount of money involved in the
3    violation, including the monetary value of cash assistance
4    benefits or federal SNAP benefits food stamps and the
5    value of commodities, is $150 or more but less than
6    $1,000, shall be guilty of a Class 3 Class 4 felony;
7        (3) the total amount of money involved in the
8    violation, including the monetary value of cash assistance
9    benefits or federal SNAP benefits food stamps and the
10    value of commodities, is $1,000 or more but less than
11    $5,000, shall be guilty of a Class 2 Class 3 felony;
12        (4) the total amount of money involved in the
13    violation, including the monetary value of cash assistance
14    benefits or federal SNAP benefits food stamps and the
15    value of commodities, is $5,000 or more but less than
16    $10,000, shall be guilty of a Class 1 Class 2 felony; or
17        (5) the total amount of money involved in the
18    violation, including the monetary value of cash assistance
19    benefits or federal SNAP benefits food stamps and the
20    value of commodities, is $10,000 or more, shall be guilty
21    of a Class X Class 1 felony and, notwithstanding the
22    provisions of Section 8A-8 except for Subsection (c) of
23    Section 8A-8, shall be ineligible for financial aid under
24    this Article for a period of two years following
25    conviction or until the total amount of money, including
26    the value of federal food stamps, is repaid, whichever

 

 

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1    first occurs.
2    (b) Any person, firm, corporation, association, agency,
3institution or other legal entity that commits a subsequent
4violation of any of the provisions of Sections 8A-2 through
58A-5 and:
6        (1) the total amount of money involved in the
7    subsequent violation, including the monetary value of cash
8    assistance benefits or federal SNAP benefits food stamps
9    and the value of commodities, is less than $150, shall be
10    guilty of a Class 3 Class 4 felony;
11        (2) the total amount of money involved in the
12    subsequent violation, including the monetary value of cash
13    assistance benefits or federal SNAP benefits food stamps
14    and the value of commodities, is $150 or more but less than
15    $1,000, shall be guilty of a Class 2 Class 3 felony;
16        (3) the total amount of money involved in the
17    subsequent violation, including the monetary value of cash
18    assistance benefits or federal SNAP benefits food stamps
19    and the value of commodities, is $1,000 or more but less
20    than $5,000, shall be guilty of a Class 1 Class 2 felony;
21        (4) the total amount of money involved in the
22    subsequent violation, including the monetary value of cash
23    assistance benefits or federal SNAP benefits food stamps
24    and the value of commodities, is $5,000 or more but less
25    than $10,000, shall be guilty of a Class X Class 1 felony.
26    (c) For purposes of determining the classification of

 

 

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1offense under this Section, all of the money received as a
2result of the unlawful act, practice or course of conduct can
3be accumulated.
4(Source: P.A. 90-538, eff. 12-1-97.)
 
5    (305 ILCS 5/12-4.4a new)
6    Sec. 12-4.4a. LINK card; photo identification
7requirements.
8    (a) Beginning on the effective date of this amendatory Act
9of the 102nd General Assembly, in order to use an Electronic
10Benefit Transfer (EBT) card or LINK card to obtain
11Supplemental Nutrition Assistance Program (SNAP) benefits or
12cash, the user must show a current and valid photo
13identification. A person may not use an EBT or LINK card to
14obtain SNAP benefits or cash if:
15        (1) the name on the photo identification presented by
16    the user does not match the name of any person designated
17    on the face of the EBT or LINK card as a person entitled to
18    use the card; or
19        (2) the photo does not match the user of the card.
20    (b) Every EBT or LINK card issued by the Department of
21Human Services on or after the effective date of this
22amendatory Act of the 102nd General Assembly must include on
23its face the name of every household member entitled to use the
24card.
 

 

 

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1    (305 ILCS 5/12-4.4b new)
2    Sec. 12-4.4b. Substance abuse testing.
3    (a) The Department of Human Services shall require a drug
4test to screen each individual who applies for benefits
5provided under the medical assistance program under Article V
6of this Code, with certain exceptions as provided in paragraph
7(1) of subsection (b) and in subsection (f).
8    Subject to federal approval, the Department shall require
9a drug test to screen each individual who applies for benefits
10provided under the federal Supplemental Nutrition Assistance
11Program (SNAP), with certain exceptions as provided in
12paragraph (1) of subsection (b) and in subsection (f).
13    The cost of the drug testing shall be the responsibility
14of the individual tested.
15    An individual who tests positive for a controlled
16substance as a result of a drug test required under this
17Section shall be ineligible to receive medical assistance
18benefits or SNAP benefits for one year after the date of the
19positive drug test, unless the individual meets the
20requirements of subsection (c).
21    (b) The Department shall do all of the following:
22        (1) Provide notice of drug testing to each applicant
23    at the time of application. The notice shall advise the
24    applicant that drug testing will be conducted as a
25    condition for receiving medical assistance benefits or
26    SNAP benefits and that the applicant shall bear the cost

 

 

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1    of the testing. The applicant shall be advised that the
2    required drug testing may be avoided if the applicant does
3    not apply for medical assistance benefits or SNAP
4    benefits. Dependent children under 18 years of age shall
5    be exempt from the drug-testing requirement.
6        (2) Advise each applicant to be tested, before the
7    test is conducted, that the applicant may, but shall not
8    be required to, advise the agent administering the test of
9    any prescription or over-the-counter medication the
10    applicant is taking.
11        (3) Require each applicant to be tested to sign a
12    written acknowledgment that the applicant has received and
13    understands the notice and advice provided in accordance
14    with paragraphs (1) and (3) of this subsection.
15        (4) Ensure each applicant being tested a reasonable
16    degree of dignity while producing and submitting a sample
17    for drug testing, consistent with the need of the State to
18    ensure the reliability of the sample.
19        (5) Specify circumstances under which an applicant who
20    fails a drug test has the right to take one or more
21    additional tests.
22        (6) Inform an applicant who tests positive for a
23    controlled substance and is deemed ineligible for medical
24    assistance benefits or SNAP benefits that the applicant
25    may reapply for those benefits one year after the date of
26    the positive drug test, unless the applicant meets the

 

 

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1    requirements of subsection (c) of this Section. If the
2    applicant tests positive again, the applicant shall be
3    ineligible to receive medical assistance benefits or SNAP
4    benefits for 3 years after the date of the second positive
5    drug test, unless the applicant meets the requirements of
6    subsection (c) of this Section.
7        (9) Provide any applicant who tests positive with a
8    list of licensed substance abuse treatment providers
9    available in the area in which the applicant resides.
10    Neither the Department nor the State shall be responsible
11    for providing or paying for substance abuse treatment for
12    an applicant as part of the screening conducted to this
13    Section.
14    (c) An applicant who tests positive under this Section and
15is denied medical assistance benefits or SNAP benefits as a
16result may reapply for those benefits after 6 months if the
17applicant verifies the successful completion of a substance
18abuse treatment program. An applicant shall not be considered
19to have tested positive for substance abuse until the sample
20has been retested to rule out a false positive using the same
21sample obtained in the original test. An applicant who has met
22the requirements of this subsection and reapplies for medical
23benefits or SNAP benefits shall be required to pass an initial
24drug test and meet the requirements of this Section. Any drug
25test conducted while the applicant is undergoing substance
26abuse treatment shall meet the standards of this subsection

 

 

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1concerning false positives and any additional standards or
2requirements the Department adopts by rule concerning
3drug-testing as provided under subsection (e). The cost of any
4drug testing and substance abuse treatment provided in
5accordance with this Section shall be the responsibility of
6the individual being tested and receiving treatment. An
7individual who fails the drug test required under subsection
8(a) of this Section may reapply for benefits one time.
9    (d) Subject to federal approval, as a condition of
10continued eligibility for medical assistance benefits provided
11under Article V of this Code or benefits provided under the
12federal Supplemental Nutrition Assistance Program, a recipient
13of such benefits must pass random drug screenings as
14prescribed by the Department of Human Services, with certain
15exceptions as provided in subsection (f). A recipient of
16medical assistance benefits or SNAP benefits who tests
17positive for a controlled substance as a result of a drug test
18required under this subsection shall experience an immediate
19termination of his or her medical assistance or SNAP benefits,
20and the Department shall refer the recipient to a substance
21abuse treatment program. Subject to federal approval, the
22Department shall cover the cost of substance abuse treatment
23for the recipient from funds that would have been used for the
24recipient under the medical assistance program provided under
25Article V of this Code or under the federal Supplemental
26Nutrition Assistance Program had the recipient not tested

 

 

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1positive for a controlled substance as a result of a drug test
2required under this subsection. Upon successful completion of
3a substance abuse treatment program as prescribed by the
4Department, the recipient may reapply for those benefits.
5    (e) The Department shall adopt any rules necessary to
6implement this Section, including rules concerning
7drug-testing standards and requirements.
8    (f) In addition to the exemption provided in paragraph (1)
9of subsection (b), the substance abuse testing required by
10this Section shall not apply to persons with children in the
11assistance unit, persons with disabilities, persons who are 65
12year of age or older, or persons who reside at a facility
13licensed under the Nursing Home Care Act or the ID/DD
14Community Care Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    305 ILCS 5/1-10.5 new
4    305 ILCS 5/1-10.6 new
5    305 ILCS 5/4-8a new
6    305 ILCS 5/8A-4B new
7    305 ILCS 5/8A-5Afrom Ch. 23, par. 8A-5A
8    305 ILCS 5/8A-6from Ch. 23, par. 8A-6
9    305 ILCS 5/12-4.4a new
10    305 ILCS 5/12-4.4b new