HB5364 97TH GENERAL ASSEMBLY

LRB097 14833 KTG 59862 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5364

Introduced 2/15/2012, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

305 ILCS 5/12-4.45 new

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

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Section 12-4.45 as follows:

(305 ILCS 5/12-4.45 new)

Sec. 12-4.45. 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 Code.

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).

The cost of drug testing shall be the responsibility of the individual tested.

(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 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 caretaker relative must comply with the drug testing requirement.

(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 taking.

(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 additional tests.

(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 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 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 Section.

Section 99. Effective date. This Act takes effect July 1, 2012.