Bill Text: IL HB1402 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code and the Illinois Public Aid Code. Requires substance abuse testing as a condition for filing nomination papers for the office of State Representative or State Senator. Requires the Department of Human Services and the Department of Healthcare and Family Services to implement random substance abuse testing programs for applicants for assistance under the Temporary Assistance for Needy Families (TANF) program and for medical assistance, respectively. Under the Illinois Public Aid Code, provides that an individual who tests positive must agree to and complete a substance abuse treatment plan within 60 days after being notified of the positive retest by the Department of Human Services or the Department of Healthcare and Family Services. Provides that if an individual fails to complete a substance abuse treatment plan or tests positive for substance abuse following completion of a substance abuse treatment plan, the individual is barred from eligibility for assistance for a period of one year following the date of the individual's application for assistance. Provides that an individual's ineligibility for assistance does not affect the eligibility of any other member of the individual's family who is included in the application for assistance. Provides that nursing home residents are exempt from the substance abuse testing requirement. Effective January 1, 2012.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1402 Detail]

Download: Illinois-2011-HB1402-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1402 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-12 from Ch. 46, par. 7-12
305 ILCS 5/4-1.13 new
305 ILCS 5/5-1.5 new
Amends the Election Code and the Illinois Public Aid Code. Requires substance abuse testing as a condition for filing nomination papers for the office of State Representative or State Senator. Requires the Department of Human Services and the Department of Healthcare and Family Services to implement random substance abuse testing programs for applicants for assistance under the Temporary Assistance for Needy Families (TANF) program and for medical assistance, respectively. Under the Illinois Public Aid Code, provides that an individual who tests positive must agree to and complete a substance abuse treatment plan within 60 days after being notified of the positive retest by the Department of Human Services or the Department of Healthcare and Family Services. Provides that if an individual fails to complete a substance abuse treatment plan or tests positive for substance abuse following completion of a substance abuse treatment plan, the individual is barred from eligibility for assistance for a period of one year following the date of the individual's application for assistance. Provides that an individual's ineligibility for assistance does not affect the eligibility of any other member of the individual's family who is included in the application for assistance. Provides that nursing home residents are exempt from the substance abuse testing requirement. Effective January 1, 2012.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning substance abuse.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
7-12 as follows:
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a
nomination for which is made for a territorial division or
district which comprises more than one county or is partly
in one county and partly in another county or counties,
then, except as otherwise provided in this Section, such
petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 113
and not less than 106 days prior to the date of the
primary, but, in the case of petitions for nomination to
fill a vacancy by special election in the office of
representative in Congress from this State, such petition
for nomination shall be filed in the principal office of
the State Board of Elections not more than 57 days and not
less than 50 days prior to the date of the primary.

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Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal office
of the State Board of Elections not more than 92 nor less
than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of
the primary; provided, however, that if the rules or
policies of a national political party conflict with such
requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chairman of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed not more than
83 and not less than 76 days prior to the date of the
primary.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district then such petition

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shall be filed in the office of the county clerk not more
than 113 nor less than 106 days prior to the date of the
primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the election
authority.
(4) The petitions of candidates for State central
committeeman shall be filed in the principal office of the
State Board of Elections not more than 113 nor less than
106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeemen shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various
election authorities and local election officials with
whom such petitions for nominations are filed shall specify
the place where filings shall be made and upon receipt

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shall endorse thereon the day and hour on which each
petition was filed. All petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as
of the normal opening hour of the office involved on such
day, shall be deemed filed as of 8:00 a.m. or the normal
opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and
in the first mail delivery or pickup of that day shall be
deemed as filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed as filed in
the order of actual receipt. Where 2 or more petitions are
received simultaneously, the State Board of Elections or
the various election authorities or local election
officials with whom such petitions are filed shall break
ties and determine the order of filing, by means of a
lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such
lottery shall be conducted within 9 days following the last
day for petition filing and shall be open to the public.
Seven days written notice of the time and place of
conducting such random selection shall be given by the
State Board of Elections to the chairman of the State
central committee of each established political party, and
by each election authority or local election official, to
the County Chairman of each established political party,

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and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, election
authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery.
All candidates shall be certified in the order in which
their petitions have been filed. Where candidates have
filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the
same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed of
the obligation to file statements of organization, reports
of campaign contributions, and annual reports of campaign
contributions and expenditures under Article 9 of this Act.
Such notice shall be given in the manner prescribed by
paragraph (7) of Section 9-16 of this Code.
(8) Nomination papers filed under this Section are not
valid if the candidate named therein fails to file a
statement of economic interests as required by the Illinois

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Governmental Ethics Act in relation to his candidacy with
the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement
of economic interests in relation to the same governmental
unit with that officer within a year preceding the date on
which such nomination papers were filed. If the nomination
papers of any candidate and the statement of economic
interest of that candidate are not required to be filed
with the same officer, the candidate must file with the
officer with whom the nomination papers are filed a receipt
from the officer with whom the statement of economic
interests is filed showing the date on which such statement
was filed. Such receipt shall be so filed not later than
the last day on which nomination papers may be filed.
(8.5) Nomination papers for the office of State
Representative or State Senator filed under this Section
are not valid unless the candidate named therein files
together with the nomination papers a copy of the results
of a substance abuse test conducted on a sample obtained
from the candidate within 60 days before the nomination
papers are filed. An individual is not eligible to file
nomination papers for the office of State Representative or
State Senator if the substance abuse test results show that
the candidate tested positive for substance abuse. An
individual shall not be considered to have tested positive
for substance abuse in the case of an initial positive test

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result unless the sample used in the original test is
retested to rule out a false positive and results in a
second positive.
If a delay in the testing process may delay the
reporting of the test results, an individual may file his
or her nomination papers pending receipt of the test
results. If the test results are positive as provided in
this subdivision (8.5), the individual's name shall not be
placed on the ballot.
Nothing in this subdivision (8.5) shall be deemed to
prohibit an individual from filing nomination papers for
the office of State Representative or State Senator in a
subsequent election if the candidate named therein files
together with those nomination papers a copy of the results
of a substance abuse test showing a negative test result.
The State Board of Elections shall contract with a
third party to conduct the substance abuse testing required
under this subdivision (8.5). The test results shall be
sent to the individual from whom the sample was obtained.
The Department of Human Services shall adopt rules
specifying the substances that must be tested for to
satisfy the requirements of this subdivision (8.5). The
substances tested for under this subdivision (8.5) shall be
the same as those tested for under Section 4-1.13 of the
Illinois Public Aid Code.
Notwithstanding any other provision of this

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subdivision (8.5), an individual is not barred from filing
nomination papers or appearing on a ballot if substance
abuse test results are positive for any substance that the
individual is authorized to use.
(9) Any person for whom a petition for nomination, or
for committeeman or for delegate or alternate delegate to a
national nominating convention has been filed may cause his
name to be withdrawn by request in writing, signed by him
and duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or
permanent branch office of the State Board of Elections or
with the appropriate election authority or local election
official, not later than the date of certification of
candidates for the consolidated primary or general primary
ballot. No names so withdrawn shall be certified or printed
on the primary ballot. If petitions for nomination have
been filed for the same person with respect to more than
one political party, his name shall not be certified nor
printed on the primary ballot of any party. If petitions
for nomination have been filed for the same person for 2 or
more offices which are incompatible so that the same person
could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all
but one of such offices within the 5 business days
following the last day for petition filing. If he fails to
withdraw as a candidate for all but one of such offices

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within such time his name shall not be certified, nor
printed on the primary ballot, for any office. For the
purpose of the foregoing provisions, an office in a
political party is not incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party
of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons to
be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an

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established political party for any special primary
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends to
become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that
intent with the State Board of Elections or the local
election official with whom nomination papers for such
office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the name

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and address of the person intending to become a write-in
candidate, (ii) a statement that the person is a qualified
primary elector of the political party from whom the
nomination is sought, (iii) a statement that the person
intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a
write-in candidate. An election authority shall have no
duty to conduct a primary and prepare a primary ballot for
any office for which the nomination is uncontested unless a
statement or notice meeting the requirements of this
Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of
Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority
or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State
Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the

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State Board of Elections, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 96-1008, eff. 7-6-10.)
Section 10. The Illinois Public Aid Code is amended by
adding Sections 4-1.13 and 5-1.5 as follows:
(305 ILCS 5/4-1.13 new)
Sec. 4-1.13. Substance abuse testing.
(a) The Department of Human Services shall implement a
random substance abuse testing program for applicants for
assistance under the Temporary Assistance For Needy Families
(TANF) program under this Article IV. The Department shall
adopt rules specifying the substances that must be tested for
under this Section.
(b) An individual 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 individual who tests positive on the
retest must agree to and complete a substance abuse treatment
plan within 60 days after being notified of the positive retest

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by the Department. If an individual completes a substance abuse
treatment plan under this subsection, he or she must again be
tested for substance abuse after completion of the treatment
plan.
(c) If an individual fails to complete a substance abuse
treatment plan as required under subsection (b) or tests
positive for substance abuse following completion of a
substance abuse treatment plan, the individual is barred from
eligibility for assistance under this Article for a period of
one year following the date of the individual's application for
assistance. An individual's ineligibility for assistance under
this subsection does not affect the eligibility of any other
member of the individual's family who is included in the
application for assistance under this Article.
(d) Residents of facilities licensed under the Nursing Home
Care Act are exempt from the requirements of this Section.
(305 ILCS 5/5-1.5 new)
Sec. 5-1.5. Substance abuse testing.
(a) The Department of Healthcare and Family Services shall
implement a random substance abuse testing program for
applicants for medical assistance under this Article V. The
Department shall adopt rules specifying the substances that
must be tested for under this Section. The substances tested
for under this Section shall be the same as those tested for
under Section 4-1.13 of this Code.

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(b) An individual 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 individual who tests positive on the
retest must agree to and complete a substance abuse treatment
plan within 60 days after being notified of the positive retest
by the Department. If an individual completes a substance abuse
treatment plan under this subsection, he or she must again be
tested for substance abuse after completion of the treatment
plan.
(c) If an individual fails to complete a substance abuse
treatment plan as required under subsection (b) or tests
positive for substance abuse following completion of a
substance abuse treatment plan, the individual is barred from
eligibility for assistance under this Article for a period of
one year following the date of the individual's application for
assistance. An individual's ineligibility for assistance under
this subsection does not affect the eligibility of any other
member of the individual's family who is included in the
application for assistance under this Article.
(d) Residents of facilities licensed under the Nursing Home
Care Act are exempt from the requirements of this Section.
Section 99. Effective date. This Act takes effect January
1, 2012.