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.


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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 1-10.5,
61-10.6, 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 cash assistance benefits provided under
10Article IV of this Code or, subject to federal approval,
11benefits provided under the federal Supplemental Nutrition
12Assistance Program (SNAP) (formerly known as the Food Stamp
13Program), an applicant must pass a drug screening as provided
14in Section 12-4.4b of this Code. As a condition of continued
15eligibility for cash assistance benefits provided under
16Article IV of this Code or, subject to federal approval, SNAP
17benefits, a recipient must pass random drug screenings as
18prescribed by the Department of Human Services.
 
19    (305 ILCS 5/1-10.6 new)
20    Sec. 1-10.6. TANF recipients; actively seeking work;
21rules. The Department of Human Services shall adopt rules
22requiring applicants for cash assistance benefits provided

 

 

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1under Article IV of this Code or, subject to federal approval,
2applicants for benefits provided under the federal
3Supplemental Nutrition Assistance Program (SNAP) (formerly
4known as the Food Stamp Program) to actively seek work in order
5to qualify for such benefits. The rules adopted by the
6Department shall be in compliance with those rules under the
7Unemployment Insurance Act and adopted by the Department of
8Employment Security requiring unemployed individuals to
9actively seek employment in order to qualify for unemployment
10insurance benefits, and shall include any exceptions, as the
11Department of Human Services deems appropriate, to those rules
12under the Unemployment Insurance Act and adopted by the
13Department of Employment Security requiring unemployed
14individuals to actively seek employment in order to qualify for
15unemployment insurance benefits.
16    The Department shall adopt rules that allow recipients of
17cash assistance benefits provided under Article IV of this Code
18or SNAP benefits to experience a gradual reduction in benefits
19as earnings increase.
 
20    (305 ILCS 5/4-8a new)
21    Sec. 4-8a. Prohibited purchases. No recipient of cash
22assistance benefits provided under this Article shall use his
23or her cash assistance benefits to purchase lottery tickets or
24to patronize any casino or licensed establishment that operates
25video gaming terminals for the purpose of engaging in gambling

 

 

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1or video gaming activities. The Department shall adopt any
2rules necessary to implement this provision.
3    For purposes of this Section, "video gaming terminal" has
4the meaning ascribed to that term under the Video Gaming Act.
 
5    (305 ILCS 5/8A-4B new)
6    Sec. 8A-4B. Penalty for unauthorized possession and use of
7cash benefits. Notwithstanding any provision of law to the
8contrary, any person who possesses for an unlawful purpose
9another person's Electronic Benefit Transfer card (EBT) or LINK
10card in order to use or transfer in any manner not authorized
11by law or the rules and regulations of the Department of Human
12Services the cash assistance benefits held on that EBT or LINK
13card is guilty of a violation of this Article and shall be
14subject to the penalties established under Section 8A-6.
 
15    (305 ILCS 5/8A-5A)  (from Ch. 23, par. 8A-5A)
16    Sec. 8A-5A. Unauthorized possession of identification
17document. Any person who possesses for an unlawful purpose
18another person's identification document issued by the
19Illinois Department shall be guilty of a Class 4 felony. For
20purposes of this Section, "identification document" includes
21but is not limited to an authorization to participate in the
22federal Supplemental Nutrition Assistance Program (SNAP)
23(formerly the Food Stamp Program) food stamp program or the
24federal surplus food commodities program, or a card or other

 

 

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1document which identifies a person as being entitled to public
2aid under this Code.
3    Notwithstanding any provision of this Section to the
4contrary, any person who possesses for an unlawful purpose
5another person's Electronic Benefit Transfer card (EBT) or LINK
6card issued by the Department of Human Services shall be guilty
7of a Class 3 felony.
8(Source: P.A. 86-1012.)
 
9    (305 ILCS 5/8A-6)  (from Ch. 23, par. 8A-6)
10    Sec. 8A-6. Classification of violations.
11    (a) Any person, firm, corporation, association, agency,
12institution or other legal entity that has been found by a
13court to have engaged in an act, practice or course of conduct
14declared unlawful under Sections 8A-2 through 8A-5 or Section
158A-13 or 8A-14 where:
16        (1) the total amount of money involved in the
17    violation, including the monetary value of cash assistance
18    benefits or federal SNAP benefits (formerly food stamps)
19    food stamps and the value of commodities, is less than
20    $150, shall be guilty of a Class 4 felony Class A
21    misdemeanor;
22        (2) the total amount of money involved in the
23    violation, including the monetary value of cash assistance
24    benefits or federal SNAP benefits (formerly food stamps)
25    food stamps and the value of commodities, is $150 or more

 

 

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

 

 

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1institution or other legal entity that commits a subsequent
2violation of any of the provisions of Sections 8A-2 through
38A-5 and:
4        (1) the total amount of money involved in the
5    subsequent violation, including the monetary value of cash
6    assistance benefits or federal SNAP benefits (formerly
7    food stamps) food stamps and the value of commodities, is
8    less than $150, shall be guilty of a Class 3 Class 4
9    felony;
10        (2) the total amount of money involved in the
11    subsequent violation, including the monetary value of cash
12    assistance benefits or federal SNAP benefits (formerly
13    food stamps) food stamps and the value of commodities, is
14    $150 or more but less than $1,000, shall be guilty of a
15    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 (formerly
19    food stamps) food stamps and the value of commodities, is
20    $1,000 or more but less than $5,000, shall be guilty of a
21    Class 1 Class 2 felony;
22        (4) the total amount of money involved in the
23    subsequent violation, including the monetary value of cash
24    assistance benefits or federal SNAP benefits (formerly
25    food stamps) food stamps and the value of commodities, is
26    $5,000 or more but less than $10,000, shall be guilty of a

 

 

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1    Class X Class 1 felony.
2    (c) For purposes of determining the classification of
3offense under this Section, all of the money received as a
4result of the unlawful act, practice or course of conduct can
5be accumulated.
6(Source: P.A. 90-538, eff. 12-1-97.)
 
7    (305 ILCS 5/12-4.4a new)
8    Sec. 12-4.4a. LINK card; photo identification
9requirements.
10    (a) Beginning on the effective date of this amendatory Act
11of the 98th General Assembly, in order to use an Electronic
12Benefit Transfer card (EBT) or LINK card to obtain SNAP
13benefits (formerly known as food stamps) or cash, the user must
14show a current and valid photo identification. A person may not
15use an EBT or LINK card to obtain SNAP benefits or cash if:
16        (1) the name on the photo identification presented by
17    the user does not match the name of any person designated
18    on the face of the EBT or LINK card as a person entitled to
19    use the card; or
20        (2) the photo does not match the user of the card.
21    (b) Every EBT or LINK card issued by the Department of
22Human Services on or after the effective date of this
23amendatory Act of the 98th General Assembly must include on its
24face the name of every household member entitled to use the
25card.
 

 

 

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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 under
5the Temporary Assistance for Needy Families Program (TANF).
6    Subject to federal approval, the Department shall require a
7drug test to screen each individual who applies for benefits
8provided under the federal Supplemental Nutrition Assistance
9Program (SNAP) (formerly known as the Food Stamp Program).
10    The cost of drug testing shall be the responsibility of the
11individual tested.
12        (1) An individual subject to the requirements of this
13    Section includes any parent or caretaker relative who is
14    included in a TANF cash assistance unit, including an
15    individual who may be exempt from work activity
16    requirements due to the age of the youngest child or who
17    may be exempt from work activity requirements as specified
18    by the Department.
19        (2) An individual who tests positive for a controlled
20    substance as a result of a drug test required pursuant to
21    this Section shall be ineligible to receive TANF benefits
22    or SNAP benefits for one year after the date of the
23    positive drug test, unless the individual meets the
24    requirements of subsection (c).
25    (b) The Department shall do all of the following:

 

 

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1        (1) Provide notice of drug testing to each applicant at
2    the time of application. The notice shall advise the
3    applicant that drug testing will be conducted as a
4    condition for receiving TANF benefits or SNAP benefits and
5    that the applicant shall bear the cost of the testing. The
6    applicant shall be advised that the required drug testing
7    may be avoided if the applicant does not apply for TANF
8    benefits or SNAP benefits. Dependent children under 18
9    years of age shall be exempt from the drug-testing
10    requirement.
11        (2) Require that for 2-parent families, both parents
12    shall comply with the drug-testing requirement.
13        (3) Require any minor parent who is not required to
14    live with a parent, legal guardian, or other adult
15    caretaker relative to comply with the drug-testing
16    requirement.
17        (4) Advise each applicant to be tested, before the test
18    is conducted, that the applicant may, but shall not be
19    required to, advise the agent administering the test of any
20    prescription or over-the-counter medication the applicant
21    is taking.
22        (5) Require each applicant to be tested to sign a
23    written acknowledgment that the applicant has received and
24    understands the notice and advice provided pursuant to
25    paragraphs (1) and (4) of this subsection.
26        (6) Assure each applicant being tested a reasonable

 

 

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1    degree of dignity while producing and submitting a sample
2    for drug testing, consistent with the need of the State to
3    ensure the reliability of the sample.
4        (7) Specify circumstances under which an applicant who
5    fails a drug test has the right to take one or more
6    additional tests.
7        (8) Inform an applicant who tests positive for a
8    controlled substance and is deemed ineligible for TANF
9    benefits or SNAP benefits that the applicant may reapply
10    for those benefits one year after the date of the positive
11    drug test, unless the applicant meets the requirements of
12    subsection (c) of this Section. If the applicant tests
13    positive again, the applicant shall be ineligible to
14    receive TANF benefits or SNAP benefits for 3 years after
15    the date of the second positive drug test, unless the
16    applicant meets the requirements of subsection (c) of this
17    Section.
18        (9) Provide any applicant who tests positive with a
19    list of licensed substance abuse treatment providers
20    available in the area in which the applicant resides.
21    Neither the Department nor the State shall be responsible
22    for providing or paying for substance abuse treatment as
23    part of the screening conducted pursuant to this Section.
24    (c) An applicant who tests positive pursuant to this
25Section and is denied TANF benefits or SNAP benefits as a
26result may reapply for those benefits after 6 months if the

 

 

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1applicant verifies the successful completion of a substance
2abuse treatment program. An applicant shall not be considered
3to have tested positive for substance abuse until the sample
4has been retested to rule out a false positive using the same
5sample obtained in the original test. An applicant who has met
6the requirements of this subsection and reapplies for TANF
7benefits or SNAP benefits shall be required to pass an initial
8drug test and meet the requirements of this Section. Any drug
9test conducted while the applicant is undergoing substance
10abuse treatment shall meet the standards of this subsection
11concerning false positives and any additional standards or
12requirements the Department adopts by rule concerning
13drug-testing as provided under subsection (e). The cost of any
14drug testing and substance abuse treatment provided pursuant to
15this Section shall be the responsibility of the individual
16being tested and receiving treatment. An individual who fails
17the drug test required pursuant to subsection (a) of this
18Section may reapply for benefits one time.
19    (d) If a parent is deemed ineligible for TANF benefits or
20SNAP benefits as a result of failing a drug test conducted
21pursuant to this Section:
22        (1) the eligibility of the dependent child for TANF
23    benefits or SNAP benefits shall not be affected; and
24        (2) an appropriate protective payee shall be
25    designated to receive benefits on behalf of the child. The
26    parent may choose to designate an individual to act as the

 

 

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1    protective payee and receive benefits for the minor child
2    of the parent. The designated individual shall be an
3    immediate family member or, if an immediate family member
4    is not available or the family member declines to act as
5    the protective payee, another individual, approved by the
6    Department, may be designated. The designated individual
7    shall undergo drug testing before being approved to receive
8    benefits on behalf of the child. If the designated
9    individual tests positive for a controlled substance, the
10    individual shall be ineligible to receive benefits on
11    behalf of the child.
12    (e) The Department shall adopt any rules necessary to
13implement this Section, including rules concerning
14drug-testing standards and requirements.
15    (f) The substance abuse testing required by this Section
16shall not apply to an individual 65 years of age or older or to
17a resident of a facility licensed under the Nursing Home Care
18Act or the ID/DD Community 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