Bill Text: IL HB1628 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for medical assistance benefits provided under the State's Medical Assistance program or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB1628 Detail]

Download: Illinois-2019-HB1628-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1628 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for medical assistance benefits provided under the State's Medical Assistance program or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), 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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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 medical assistance benefits provided under
Article V of this Code or, subject to federal approval,
benefits provided under the federal Supplemental Nutrition
Assistance Program (SNAP), an applicant must pass a drug
screening as provided in Section 12-4.4b of this Code. As a
condition of continued eligibility for medical assistance
benefits provided under Article V 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.
The substance abuse testing required under this Section
shall not apply to dependent children under 18 years of age,
persons with children in the assistance unit, persons with
disabilities, persons 65 years of age or older, or persons who
reside at a facility licensed under the Nursing Home Care Act

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or the ID/DD Community Care Act.
(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) 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)

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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.
As used in 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 assistance benefits. Notwithstanding any provision of law
to the contrary, any person who possesses for an unlawful
purpose another person's Electronic Benefit Transfer (EBT)
card 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

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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 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 (EBT) card 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 Supplemental Nutrition Assistance
Program (SNAP) benefits food stamps and the value of
commodities, is less than $150, shall be guilty of a Class

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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 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 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 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 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.

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(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 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 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 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 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

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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 101st General Assembly, in order to use an Electronic
Benefit Transfer (EBT) card or LINK card to obtain Supplemental
Nutrition Assistance Program (SNAP) benefits 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 101st 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)

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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
provided under the medical assistance program under Article V
of this Code, with certain exceptions as provided in paragraph
(1) of subsection (b) and in subsection (f).
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), with certain exceptions as provided in
paragraph (1) of subsection (b) and in subsection (f).
The cost of the drug testing shall be the responsibility of
the individual tested.
An individual who tests positive for a controlled substance
as a result of a drug test required under this Section shall be
ineligible to receive medical assistance 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 medical assistance 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

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not apply for medical assistance benefits or SNAP benefits.
Dependent children under 18 years of age shall be exempt
from the drug-testing requirement.
(2) 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.
(3) Require each applicant to be tested to sign a
written acknowledgment that the applicant has received and
understands the notice and advice provided in accordance
with paragraphs (1) and (3) of this subsection.
(4) Ensure 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.
(5) Specify circumstances under which an applicant who
fails a drug test has the right to take one or more
additional tests.
(6) Inform an applicant who tests positive for a
controlled substance and is deemed ineligible for medical
assistance 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

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ineligible to receive medical assistance 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 for
an applicant as part of the screening conducted to this
Section.
(c) An applicant who tests positive under this Section and
is denied medical assistance 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 medical
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

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drug-testing as provided under subsection (e). The cost of any
drug testing and substance abuse treatment provided in
accordance with 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) of this
Section may reapply for benefits one time.
(d) Subject to federal approval, as a condition of
continued eligibility for medical assistance benefits provided
under Article V of this Code or benefits provided under the
federal Supplemental Nutrition Assistance Program, a recipient
of such benefits must pass random drug screenings as prescribed
by the Department of Human Services, with certain exceptions as
provided in subsection (f). A recipient of medical assistance
benefits or SNAP benefits who tests positive for a controlled
substance as a result of a drug test required under this
subsection shall experience an immediate termination of his or
her medical assistance or SNAP benefits, and the Department
shall refer the recipient to a substance abuse treatment
program. Subject to federal approval, the Department shall
cover the cost of substance abuse treatment for the recipient
from funds that would have been used for the recipient under
the medical assistance program provided under Article V of this
Code or under the federal Supplemental Nutrition Assistance
Program had the recipient not tested positive for a controlled
substance as a result of a drug test required under this
subsection. Upon successful completion of a substance abuse

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treatment program as prescribed by the Department, the
recipient may reapply for those benefits.
(e) The Department shall adopt any rules necessary to
implement this Section, including rules concerning
drug-testing standards and requirements.
(f) In addition to the exemption provided in paragraph (1)
of subsection (b), the substance abuse testing required by this
Section shall not apply to persons with children in the
assistance unit, persons with disabilities, persons who are 65
year of age or older, or persons who reside at a facility
licensed under the Nursing Home Care Act or the ID/DD Community
Care Act.
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INDEX
Statutes amended in order of appearance