SB2311 98TH GENERAL ASSEMBLY

LRB098 08182 KTG 38280 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2311

Introduced 2/15/2013, by Sen. Darin M. LaHood

SYNOPSIS AS INTRODUCED:

305 ILCS 5/4-1.13 new

Amends the Temporary Assistance for Needy Families 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). 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.

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 4-1.13 as follows:

(305 ILCS 5/4-1.13 new)

Sec. 4-1.13. Drug screening for applicants.

(a) The Department shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families (TANF) under this Article. The cost of the drug testing shall be the responsibility of the individual tested.

(b) 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 benefits under this Article, 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.

(c) An individual who tests positive for a controlled substance as a result of a drug test required under this Section is ineligible to receive TANF benefits for one year after the date of the positive drug test, unless the individual meets the requirements of paragraph (10) of subsection (d).

(d) The Department shall do all of the following:

(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 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 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. 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) 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 that the individual may reapply for TANF 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 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 that are licensed by the Department. 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 as a result may reapply for TANF benefits after 6 months if the individual documents the successful completion of a substance abuse treatment program offered by a provider that is licensed by the Department. An individual who has met the requirements of this paragraph and reapplies for TANF 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 shall meet any standards or requirements the Department adopts by rule concerning drug-testing as provided under subsection (f). 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 TANF benefits under this paragraph (10) only once.

(e) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this Section:

(1) The dependent child's eligibility for TANF benefits is not affected.

(2) An appropriate protective payee shall be designated to receive TANF benefits on behalf of the child.

(3) The parent may choose to designate another individual to receive TANF 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 to be designated, another individual, approved by the Department, may be designated. The designated individual must also undergo drug testing before being approved to receive TANF benefits on behalf of the child. If the designated individual tests positive for a controlled substance, then that individual shall be ineligible to receive TANF benefits on behalf of the child.

(f) The Department shall adopt any rules necessary to implement this Section, including rules concerning drug-testing standards and requirements.