Bill Text: IL HB4559 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: 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 from the drug testing requirements; reimbursements for the cost of the drug testing; and other matters. Effective July 1, 2016.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-27 - Referred to Rules Committee [HB4559 Detail]

Download: Illinois-2015-HB4559-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4559 Introduced 1/27/2016, by Rep. Thomas Bennett SYNOPSIS AS INTRODUCED:
305 ILCS 5/12-4.50 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 from the drug testing requirements; reimbursements for the cost of the drug testing; and other matters. Effective July 1, 2016.
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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:
Section 5. The Illinois Public Aid Code is amended by
adding Section 12-4.50 as follows:
(305 ILCS 5/12-4.50 new)
Sec. 12-4.50. 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.
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

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requirements as provided under Section 9A-4 of this Code.
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 subsection (c).
(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 the 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;

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(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) ensure 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
subsection (c); 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
subsection (c); and

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(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.
(c) 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 subsection 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 subsection (c) only once.
(d) 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;

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(2) an appropriate protective payee shall be
designated to receive benefits on behalf of the child; and
(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.
(e) The Department shall adopt rules to implement this
Section.
Section 99. Effective date. This Act takes effect July 1,
2016.