SB1719 98TH GENERAL ASSEMBLY

LRB098 07235 KTG 37297 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1719

Introduced 2/15/2013, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for cash assistance benefits provided under the Temporary Assistance for Needy Families Program (TANF) or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) (formerly known as the Food Stamp Program), 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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 changing Sections 8A-5A and 8A-6 and by adding Sections 1-10.5, 1-10.6, 4-8a, 8A-4B, 12-4.4a, and 12-4.4b as follows:

(305 ILCS 5/1-10.5 new)

Sec. 1-10.5. Drug screening. As a condition of initial eligibility for cash assistance benefits provided under Article IV of this Code or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) (formerly known as the Food Stamp Program), an applicant must pass a drug screening as provided in Section 12-4.4b of this Code. As a condition of continued eligibility for cash assistance benefits provided under Article IV of this Code or, subject to federal approval, SNAP benefits, a recipient must pass random drug screenings as prescribed by the Department of Human Services.

(305 ILCS 5/1-10.6 new)

Sec. 1-10.6. TANF recipients; actively seeking work; rules. The Department of Human Services shall adopt rules requiring applicants for cash assistance benefits provided under Article IV of this Code or, subject to federal approval, applicants for benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) (formerly known as the Food Stamp Program) to actively seek work in order to qualify for such benefits. 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, and shall include any exceptions, as the Department of Human Services deems appropriate, to 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.

The Department shall adopt rules that allow recipients of cash assistance benefits provided under Article IV of this Code or SNAP benefits to experience a gradual reduction in benefits as earnings increase.

(305 ILCS 5/4-8a new)

Sec. 4-8a. Prohibited purchases. No recipient of cash assistance benefits provided under this Article shall use his or her cash assistance 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. The Department shall adopt any rules necessary to implement this provision.

For purposes of this Section, "video gaming terminal" has the meaning ascribed to that term under the Video Gaming Act.

(305 ILCS 5/8A-4B new)

Sec. 8A-4B. Penalty for unauthorized possession and use of cash benefits. Notwithstanding any provision of law to the contrary, any person who possesses for an unlawful purpose another person's Electronic Benefit Transfer card (EBT) or LINK card in order to use or transfer in any manner not authorized by law or the rules and regulations of the Department of Human Services the cash assistance benefits held on that EBT or LINK card is guilty of a violation of this Article and shall be subject to the penalties established under Section 8A-6.

(305 ILCS 5/8A-5A) (from Ch. 23, par. 8A-5A)

Sec. 8A-5A. Unauthorized possession of identification document. Any person who possesses for an unlawful purpose another person's identification document issued by the Illinois Department shall be guilty of a Class 4 felony. For purposes of this Section, "identification document" includes but is not limited to an authorization to participate in the federal Supplemental Nutrition Assistance Program (SNAP) (formerly the Food Stamp Program) food stamp program or the federal surplus food commodities program, or a card or other document which identifies a person as being entitled to public aid under this Code.

Notwithstanding any provision of this Section to the contrary, any person who possesses for an unlawful purpose another person's Electronic Benefit Transfer card (EBT) or LINK card issued by the Department of Human Services shall be guilty of a Class 3 felony.

(Source: P.A. 86-1012.)

(305 ILCS 5/8A-6) (from Ch. 23, par. 8A-6)

Sec. 8A-6. Classification of violations.

(a) Any person, firm, corporation, association, agency, institution or other legal entity that has been found by a court to have engaged in an act, practice or course of conduct declared unlawful under Sections 8A-2 through 8A-5 or Section 8A-13 or 8A-14 where:

(1) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is less than $150, shall be guilty of a Class 4 felony Class A misdemeanor;

(2) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $150 or more but less than $1,000, shall be guilty of a Class 3 Class 4 felony;

(3) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $1,000 or more but less than $5,000, shall be guilty of a Class 2 Class 3 felony;

(4) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $5,000 or more but less than $10,000, shall be guilty of a Class 1 Class 2 felony; or

(5) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $10,000 or more, shall be guilty of a Class X Class 1 felony and, notwithstanding the provisions of Section 8A-8 except for Subsection (c) of Section 8A-8, shall be ineligible for financial aid under this Article for a period of two years following conviction or until the total amount of money, including the value of federal food stamps, is repaid, whichever first occurs.

(b) Any person, firm, corporation, association, agency, institution or other legal entity that commits a subsequent violation of any of the provisions of Sections 8A-2 through 8A-5 and:

(1) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is less than $150, shall be guilty of a Class 3 Class 4 felony;

(2) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $150 or more but less than $1,000, shall be guilty of a Class 2 Class 3 felony;

(3) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $1,000 or more but less than $5,000, shall be guilty of a Class 1 Class 2 felony;

(4) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits (formerly food stamps) food stamps and the value of commodities, is $5,000 or more but less than $10,000, shall be guilty of a Class X Class 1 felony.

(c) For purposes of determining the classification of offense under this Section, all of the money received as a result of the unlawful act, practice or course of conduct can be accumulated.

(Source: P.A. 90-538, eff. 12-1-97.)

(305 ILCS 5/12-4.4a new)

Sec. 12-4.4a. LINK card; photo identification requirements.

(a) Beginning on the effective date of this amendatory Act of the 98th General Assembly, in order to use an Electronic Benefit Transfer card (EBT) or LINK card to obtain SNAP benefits (formerly known as food stamps) or cash, the user must show a current and valid photo identification. A person may not use an EBT or LINK card to obtain SNAP benefits or cash if:

(1) the name on the photo identification presented by the user does not match the name of any person designated on the face of the EBT or LINK card as a person entitled to use the card; or

(2) the photo does not match the user of the card.

(b) Every EBT or LINK card issued by the Department of Human Services on or after the effective date of this amendatory Act of the 98th General Assembly must include on its face the name of every household member entitled to use the card.

(305 ILCS 5/12-4.4b new)

Sec. 12-4.4b. Substance abuse testing.

(a) The Department of Human Services shall require a drug test to screen each individual who applies for benefits under the Temporary Assistance for Needy Families Program (TANF).

Subject to federal approval, the Department shall require a drug test to screen each individual who applies for benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) (formerly known as the Food Stamp Program).

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 a TANF cash assistance unit, 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 specified by the Department.

(2) An individual who tests positive for a controlled substance as a result of a drug test required pursuant to this Section shall be 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 do all of the following:

(1) Provide notice of drug testing to each applicant at the time of application. The notice shall advise the applicant that drug testing will be conducted as a condition for receiving TANF benefits or SNAP benefits and that the applicant shall bear the cost of the testing. The applicant shall be advised that the required drug testing may be avoided if the applicant does not apply for TANF benefits or SNAP benefits. Dependent children under 18 years of age shall be exempt from the drug-testing requirement.

(2) Require that for 2-parent families, both parents shall comply with the drug-testing requirement.

(3) Require any minor parent who is not required to live with a parent, legal guardian, or other adult caretaker relative to comply with the drug-testing requirement.

(4) Advise each applicant to be tested, before the test is conducted, that the applicant may, but shall not be required to, advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking.

(5) Require each applicant to be tested to sign a written acknowledgment that the applicant has received and understands the notice and advice provided pursuant to paragraphs (1) and (4) of this subsection.

(6) Assure each applicant being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the need of the State to ensure the reliability of the sample.

(7) Specify circumstances under which an applicant who fails a drug test has the right to take one or more additional tests.

(8) Inform an applicant who tests positive for a controlled substance and is deemed ineligible for TANF benefits or SNAP benefits that the applicant may reapply for those benefits one year after the date of the positive drug test, unless the applicant meets the requirements of subsection (c) of this Section. If the applicant tests positive again, the applicant shall be ineligible to receive TANF benefits or SNAP benefits for 3 years after the date of the second positive drug test, unless the applicant meets the requirements of subsection (c) of this Section.

(9) Provide any applicant who tests positive with a list of licensed substance abuse treatment providers available in the area in which the applicant resides. Neither the Department nor the State shall be responsible for providing or paying for substance abuse treatment as part of the screening conducted pursuant to this Section.

(c) An applicant who tests positive pursuant to this Section and is denied TANF benefits or SNAP benefits as a result may reapply for those benefits after 6 months if the applicant verifies the successful completion of a substance abuse treatment program. An applicant shall not be considered to have tested positive for substance abuse until the sample has been retested to rule out a false positive using the same sample obtained in the original test. An applicant who has met the requirements of this subsection and reapplies for TANF benefits or SNAP benefits shall be required to pass an initial drug test and meet the requirements of this Section. Any drug test conducted while the applicant is undergoing substance abuse treatment shall meet the standards of this subsection concerning false positives and any additional standards or requirements the Department adopts by rule concerning drug-testing as provided under subsection (e). The cost of any drug testing and substance abuse treatment provided pursuant to this Section shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required pursuant to subsection (a) of this Section may reapply for benefits one time.

(d) If a parent is deemed ineligible for TANF benefits or SNAP benefits as a result of failing a drug test conducted pursuant to this Section:

(1) the eligibility of the dependent child for TANF benefits or SNAP benefits shall not be affected; and

(2) an appropriate protective payee shall be designated to receive benefits on behalf of the child. The parent may choose to designate an individual to act as the protective payee and receive benefits for the minor child of the parent. The designated individual shall be an immediate family member or, if an immediate family member is not available or the family member declines to act as the protective payee, another individual, approved by the Department, may be designated. The designated individual shall undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for a controlled substance, the individual shall be ineligible to receive benefits on behalf of the child.

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

(f) The substance abuse testing required by this Section shall not apply to an individual 65 years of age or older or to a resident of a facility licensed under the Nursing Home Care Act or the ID/DD Community Care Act.