Bill Text: IL SB0077 | 2017-2018 | 100th General Assembly | Introduced


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: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-03-17 - Rule 3-9(a) / Re-referred to Assignments [SB0077 Detail]

Download: Illinois-2017-SB0077-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0077

Introduced 1/12/2017, by Sen. Kyle McCarter

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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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 medical assistance benefits provided under
10Article V of this Code or, subject to federal approval,
11benefits provided under the federal Supplemental Nutrition
12Assistance Program (SNAP), an applicant must pass a drug
13screening as provided in Section 12-4.4b of this Code. As a
14condition of continued eligibility for medical assistance
15benefits provided under Article V of this Code or, subject to
16federal approval, SNAP benefits, a recipient must pass random
17drug screenings as prescribed by the Department of Human
18Services.
19 The substance abuse testing required under this Section
20shall not apply to dependent children under 18 years of age,
21persons with children in the assistance unit, persons with
22disabilities, persons 65 years of age or older, or persons who
23reside at a facility licensed under the Nursing Home Care Act

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1or the ID/DD Community Care Act.
2 (305 ILCS 5/1-10.6 new)
3 Sec. 1-10.6. TANF recipients; actively seeking work;
4rules. The Department of Human Services shall adopt rules
5requiring applicants for cash assistance benefits provided
6under Article IV of this Code or, subject to federal approval,
7applicants for benefits provided under the federal
8Supplemental Nutrition Assistance Program (SNAP) to actively
9seek work in order to qualify for such benefits. The rules
10adopted by the Department shall be in compliance with those
11rules under the Unemployment Insurance Act and adopted by the
12Department of Employment Security requiring unemployed
13individuals to actively seek employment in order to qualify for
14unemployment insurance benefits, and shall include any
15exceptions, as the Department of Human Services deems
16appropriate, to those rules under the Unemployment Insurance
17Act and adopted by the Department of Employment Security
18requiring unemployed individuals to actively seek employment
19in order to qualify for unemployment insurance benefits.
20 The Department shall adopt rules that allow recipients of
21cash assistance benefits provided under Article IV of this Code
22or SNAP benefits to experience a gradual reduction in benefits
23as earnings increase.
24 (305 ILCS 5/4-8a new)

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1 Sec. 4-8a. Prohibited purchases. No recipient of cash
2assistance benefits provided under this Article shall use his
3or her cash assistance benefits to purchase lottery tickets or
4to patronize any casino or licensed establishment that operates
5video gaming terminals for the purpose of engaging in gambling
6or video gaming activities. The Department shall adopt any
7rules necessary to implement this provision.
8 For purposes of this Section, "video gaming terminal" has
9the meaning ascribed to that term under the Video Gaming Act.
10 (305 ILCS 5/8A-4B new)
11 Sec. 8A-4B. Penalty for unauthorized possession and use of
12cash assistance benefits. Notwithstanding any provision of law
13to the contrary, any person who possesses for an unlawful
14purpose another person's Electronic Benefit Transfer (EBT)
15card or LINK card in order to use or transfer in any manner not
16authorized by law or the rules and regulations of the
17Department of Human Services the cash assistance benefits held
18on that EBT or LINK card is guilty of a violation of this
19Article and shall be subject to the penalties established under
20Section 8A-6.
21 (305 ILCS 5/8A-5A) (from Ch. 23, par. 8A-5A)
22 Sec. 8A-5A. Unauthorized possession of identification
23document. Any person who possesses for an unlawful purpose
24another person's identification document issued by the

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1Illinois Department shall be guilty of a Class 4 felony. For
2purposes of this Section, "identification document" includes
3but is not limited to an authorization to participate in the
4federal Supplemental Nutrition Assistance Program (SNAP) food
5stamp program or the federal surplus food commodities program,
6or a card or other document which identifies a person as being
7entitled to public aid under this Code.
8 Notwithstanding any provision of this Section to the
9contrary, any person who possesses for an unlawful purpose
10another person's Electronic Benefit Transfer (EBT) card or LINK
11card issued by the Department of Human Services shall be guilty
12of a Class 3 felony.
13(Source: P.A. 86-1012.)
14 (305 ILCS 5/8A-6) (from Ch. 23, par. 8A-6)
15 Sec. 8A-6. Classification of violations.
16 (a) Any person, firm, corporation, association, agency,
17institution or other legal entity that has been found by a
18court to have engaged in an act, practice or course of conduct
19declared unlawful under Sections 8A-2 through 8A-5 or Section
208A-13 or 8A-14 where:
21 (1) the total amount of money involved in the
22 violation, including the monetary value of cash assistance
23 benefits or federal Supplemental Nutrition Assistance
24 Program (SNAP) benefits food stamps and the value of
25 commodities, is less than $150, shall be guilty of a Class

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1 4 felony Class A misdemeanor;
2 (2) the total amount of money involved in the
3 violation, including the monetary value of cash assistance
4 benefits or federal SNAP benefits food stamps and the value
5 of commodities, is $150 or more but less than $1,000, shall
6 be guilty of a Class 3 Class 4 felony;
7 (3) the total amount of money involved in the
8 violation, including the monetary value of cash assistance
9 benefits or federal SNAP benefits food stamps and the value
10 of commodities, is $1,000 or more but less than $5,000,
11 shall be guilty of a Class 2 Class 3 felony;
12 (4) the total amount of money involved in the
13 violation, including the monetary value of cash assistance
14 benefits or federal SNAP benefits food stamps and the value
15 of commodities, is $5,000 or more but less than $10,000,
16 shall be guilty of a Class 1 Class 2 felony; or
17 (5) the total amount of money involved in the
18 violation, including the monetary value of cash assistance
19 benefits or federal SNAP benefits food stamps and the value
20 of commodities, is $10,000 or more, shall be guilty of a
21 Class X Class 1 felony and, notwithstanding the provisions
22 of Section 8A-8 except for Subsection (c) of Section 8A-8,
23 shall be ineligible for financial aid under this Article
24 for a period of two years following conviction or until the
25 total amount of money, including the value of federal food
26 stamps, is repaid, whichever first occurs.

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1 (b) Any person, firm, corporation, association, agency,
2institution or other legal entity that commits a subsequent
3violation of any of the provisions of Sections 8A-2 through
48A-5 and:
5 (1) the total amount of money involved in the
6 subsequent violation, including the monetary value of cash
7 assistance benefits or federal SNAP benefits food stamps
8 and the value of commodities, is less than $150, shall be
9 guilty of a Class 3 Class 4 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 food stamps
13 and the value of commodities, is $150 or more but less than
14 $1,000, shall be guilty of a Class 2 Class 3 felony;
15 (3) the total amount of money involved in the
16 subsequent violation, including the monetary value of cash
17 assistance benefits or federal SNAP benefits food stamps
18 and the value of commodities, is $1,000 or more but less
19 than $5,000, shall be guilty of a Class 1 Class 2 felony;
20 (4) the total amount of money involved in the
21 subsequent violation, including the monetary value of cash
22 assistance benefits or federal SNAP benefits food stamps
23 and the value of commodities, is $5,000 or more but less
24 than $10,000, shall be guilty of a Class X Class 1 felony.
25 (c) For purposes of determining the classification of
26offense under this Section, all of the money received as a

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1result of the unlawful act, practice or course of conduct can
2be accumulated.
3(Source: P.A. 90-538, eff. 12-1-97.)
4 (305 ILCS 5/12-4.4a new)
5 Sec. 12-4.4a. LINK card; photo identification
6requirements.
7 (a) Beginning on the effective date of this amendatory Act
8of the 100th General Assembly, in order to use an Electronic
9Benefit Transfer (EBT) card or LINK card to obtain Supplemental
10Nutrition Assistance Program (SNAP) benefits or cash, the user
11must show a current and valid photo identification. A person
12may not use an EBT or LINK card to obtain SNAP benefits or cash
13if:
14 (1) the name on the photo identification presented by
15 the user does not match the name of any person designated
16 on the face of the EBT or LINK card as a person entitled to
17 use the card; or
18 (2) the photo does not match the user of the card.
19 (b) Every EBT or LINK card issued by the Department of
20Human Services on or after the effective date of this
21amendatory Act of the 100th General Assembly must include on
22its face the name of every household member entitled to use the
23card.
24 (305 ILCS 5/12-4.4b new)

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1 Sec. 12-4.4b. Substance abuse testing.
2 (a) The Department of Human Services shall require a drug
3test to screen each individual who applies for benefits
4provided under the medical assistance program under Article V
5of this Code, with certain exceptions as provided in paragraph
6(1) of subsection (b) and in subsection (f).
7 Subject to federal approval, the Department shall require a
8drug test to screen each individual who applies for benefits
9provided under the federal Supplemental Nutrition Assistance
10Program (SNAP), with certain exceptions as provided in
11paragraph (1) of subsection (b) and in subsection (f).
12 The cost of the drug testing shall be the responsibility of
13the individual tested.
14 An individual who tests positive for a controlled substance
15as a result of a drug test required pursuant to this Section
16shall be ineligible to receive medical assistance benefits or
17SNAP benefits for one year after the date of the positive drug
18test, unless the individual meets the requirements of
19subsection (c).
20 (b) The Department shall do all of the following:
21 (1) Provide notice of drug testing to each applicant at
22 the time of application. The notice shall advise the
23 applicant that drug testing will be conducted as a
24 condition for receiving medical assistance benefits or
25 SNAP benefits and that the applicant shall bear the cost of
26 the testing. The applicant shall be advised that the

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1 required drug testing may be avoided if the applicant does
2 not apply for medical assistance benefits or SNAP benefits.
3 Dependent children under 18 years of age shall be exempt
4 from the drug-testing requirement.
5 (2) Advise each applicant to be tested, before the test
6 is conducted, that the applicant may, but shall not be
7 required to, advise the agent administering the test of any
8 prescription or over-the-counter medication the applicant
9 is taking.
10 (3) Require each applicant to be tested to sign a
11 written acknowledgment that the applicant has received and
12 understands the notice and advice provided pursuant to
13 paragraphs (1) and (3) of this subsection.
14 (4) Ensure each applicant being tested a reasonable
15 degree of dignity while producing and submitting a sample
16 for drug testing, consistent with the need of the State to
17 ensure the reliability of the sample.
18 (5) Specify circumstances under which an applicant who
19 fails a drug test has the right to take one or more
20 additional tests.
21 (6) Inform an applicant who tests positive for a
22 controlled substance and is deemed ineligible for medical
23 assistance benefits or SNAP benefits that the applicant may
24 reapply for those benefits one year after the date of the
25 positive drug test, unless the applicant meets the
26 requirements of subsection (c) of this Section. If the

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1 applicant tests positive again, the applicant shall be
2 ineligible to receive medical assistance benefits or SNAP
3 benefits for 3 years after the date of the second positive
4 drug test, unless the applicant meets the requirements of
5 subsection (c) of this Section.
6 (9) Provide any applicant who tests positive with a
7 list of licensed substance abuse treatment providers
8 available in the area in which the applicant resides.
9 Neither the Department nor the State shall be responsible
10 for providing or paying for substance abuse treatment for
11 an applicant as part of the screening conducted pursuant to
12 this Section.
13 (c) An applicant who tests positive pursuant to this
14Section and is denied medical assistance benefits or SNAP
15benefits as a result may reapply for those benefits after 6
16months if the applicant verifies the successful completion of a
17substance abuse treatment program. An applicant shall not be
18considered to have tested positive for substance abuse until
19the sample has been retested to rule out a false positive using
20the same sample obtained in the original test. An applicant who
21has met the requirements of this subsection and reapplies for
22medical benefits or SNAP benefits shall be required to pass an
23initial drug test and meet the requirements of this Section.
24Any drug test conducted while the applicant is undergoing
25substance abuse treatment shall meet the standards of this
26subsection concerning false positives and any additional

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1standards or requirements the Department adopts by rule
2concerning drug-testing as provided under subsection (e). The
3cost of any drug testing and substance abuse treatment provided
4pursuant to this Section shall be the responsibility of the
5individual being tested and receiving treatment. An individual
6who fails the drug test required pursuant to subsection (a) of
7this Section may reapply for benefits one time.
8 (d) Subject to federal approval, as a condition of
9continued eligibility for medical assistance benefits provided
10under Article V of this Code or benefits provided under the
11federal Supplemental Nutrition Assistance Program (SNAP), a
12recipient of such benefits must pass random drug screenings as
13prescribed by the Department of Human Services, with certain
14exceptions as provided in subsection (f). A recipient of
15medical assistance benefits or SNAP benefits who tests positive
16for a controlled substance as a result of a drug test required
17pursuant to this subsection shall experience an immediate
18termination of his or her medical assistance or SNAP benefits,
19and the Department shall refer the recipient to a substance
20abuse treatment program. Subject to federal approval, the
21Department shall cover the cost of substance abuse treatment
22for the recipient from funds that would have been used for the
23recipient under the medical assistance program provided under
24Article V of this Code or under the federal Supplemental
25Nutrition Assistance Program (SNAP) had the recipient not
26tested positive for a controlled substance as a result of a

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1drug test required pursuant to this subsection. Upon successful
2completion of a substance abuse treatment program as prescribed
3by the Department, the recipient may reapply for those
4benefits.
5 (e) The Department shall adopt any rules necessary to
6implement this Section, including rules concerning
7drug-testing standards and requirements.
8 (f) In addition to the exemption provided in paragraph (1)
9of subsection (b), the substance abuse testing required by this
10Section shall not apply to persons with children in the
11assistance unit, persons with disabilities, persons who are 65
12year of age or older, or persons who reside at a facility
13licensed under the Nursing Home Care Act or the ID/DD Community
14Care Act.

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1 INDEX
2 Statutes amended in order of appearance