99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3922

 

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

    Amends the Election Code. Requires substance abuse testing as a condition for filing nomination papers for the office of State Representative or State Senator. Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families (TANF). Provides that the cost of drug testing shall be the responsibility of the individual tested and that an individual who tests positive for controlled substances shall be ineligible to receive TANF benefits for one year after the date of the positive drug test, unless the individual meets certain requirements. Contains provisions concerning notice; persons required to comply with the drug testing requirements; persons exempted from the drug testing requirements; circumstances under which an applicant who fails a drug test has the right to take one or more additional tests; and other matters. Effective January 1, 2016.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning substance abuse.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
57-12 as follows:
 
6    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
7    Sec. 7-12. All petitions for nomination shall be filed by
8mail or in person as follows:
9        (1) Where the nomination is to be made for a State,
10    congressional, or judicial office, or for any office a
11    nomination for which is made for a territorial division or
12    district which comprises more than one county or is partly
13    in one county and partly in another county or counties,
14    then, except as otherwise provided in this Section, such
15    petition for nomination shall be filed in the principal
16    office of the State Board of Elections not more than 113
17    and not less than 106 days prior to the date of the
18    primary, but, in the case of petitions for nomination to
19    fill a vacancy by special election in the office of
20    representative in Congress from this State, such petition
21    for nomination shall be filed in the principal office of
22    the State Board of Elections not more than 57 days and not
23    less than 50 days prior to the date of the primary.

 

 

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1        Where a vacancy occurs in the office of Supreme,
2    Appellate or Circuit Court Judge within the 3-week period
3    preceding the 106th day before a general primary election,
4    petitions for nomination for the office in which the
5    vacancy has occurred shall be filed in the principal office
6    of the State Board of Elections not more than 92 nor less
7    than 85 days prior to the date of the general primary
8    election.
9        Where the nomination is to be made for delegates or
10    alternate delegates to a national nominating convention,
11    then such petition for nomination shall be filed in the
12    principal office of the State Board of Elections not more
13    than 113 and not less than 106 days prior to the date of
14    the primary; provided, however, that if the rules or
15    policies of a national political party conflict with such
16    requirements for filing petitions for nomination for
17    delegates or alternate delegates to a national nominating
18    convention, the chairman of the State central committee of
19    such national political party shall notify the Board in
20    writing, citing by reference the rules or policies of the
21    national political party in conflict, and in such case the
22    Board shall direct such petitions to be filed in accordance
23    with the delegate selection plan adopted by the state
24    central committee of such national political party.
25        (2) Where the nomination is to be made for a county
26    office or trustee of a sanitary district then such petition

 

 

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1    shall be filed in the office of the county clerk not more
2    than 113 nor less than 106 days prior to the date of the
3    primary.
4        (3) Where the nomination is to be made for a municipal
5    or township office, such petitions for nomination shall be
6    filed in the office of the local election official, not
7    more than 99 nor less than 92 days prior to the date of the
8    primary; provided, where a municipality's or township's
9    boundaries are coextensive with or are entirely within the
10    jurisdiction of a municipal board of election
11    commissioners, the petitions shall be filed in the office
12    of such board; and provided, that petitions for the office
13    of multi-township assessor shall be filed with the election
14    authority.
15        (4) The petitions of candidates for State central
16    committeeman shall be filed in the principal office of the
17    State Board of Elections not more than 113 nor less than
18    106 days prior to the date of the primary.
19        (5) Petitions of candidates for precinct, township or
20    ward committeemen shall be filed in the office of the
21    county clerk not more than 113 nor less than 106 days prior
22    to the date of the primary.
23        (6) The State Board of Elections and the various
24    election authorities and local election officials with
25    whom such petitions for nominations are filed shall specify
26    the place where filings shall be made and upon receipt

 

 

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1    shall endorse thereon the day and hour on which each
2    petition was filed. All petitions filed by persons waiting
3    in line as of 8:00 a.m. on the first day for filing, or as
4    of the normal opening hour of the office involved on such
5    day, shall be deemed filed as of 8:00 a.m. or the normal
6    opening hour, as the case may be. Petitions filed by mail
7    and received after midnight of the first day for filing and
8    in the first mail delivery or pickup of that day shall be
9    deemed as filed as of 8:00 a.m. of that day or as of the
10    normal opening hour of such day, as the case may be. All
11    petitions received thereafter shall be deemed as filed in
12    the order of actual receipt. However, 2 or more petitions
13    filed within the last hour of the filing deadline shall be
14    deemed filed simultaneously. Where 2 or more petitions are
15    received simultaneously, the State Board of Elections or
16    the various election authorities or local election
17    officials with whom such petitions are filed shall break
18    ties and determine the order of filing, by means of a
19    lottery or other fair and impartial method of random
20    selection approved by the State Board of Elections. Such
21    lottery shall be conducted within 9 days following the last
22    day for petition filing and shall be open to the public.
23    Seven days written notice of the time and place of
24    conducting such random selection shall be given by the
25    State Board of Elections to the chairman of the State
26    central committee of each established political party, and

 

 

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1    by each election authority or local election official, to
2    the County Chairman of each established political party,
3    and to each organization of citizens within the election
4    jurisdiction which was entitled, under this Article, at the
5    next preceding election, to have pollwatchers present on
6    the day of election. The State Board of Elections, election
7    authority or local election official shall post in a
8    conspicuous, open and public place, at the entrance of the
9    office, notice of the time and place of such lottery. The
10    State Board of Elections shall adopt rules and regulations
11    governing the procedures for the conduct of such lottery.
12    All candidates shall be certified in the order in which
13    their petitions have been filed. Where candidates have
14    filed simultaneously, they shall be certified in the order
15    determined by lot and prior to candidates who filed for the
16    same office at a later time.
17        (7) The State Board of Elections or the appropriate
18    election authority or local election official with whom
19    such a petition for nomination is filed shall notify the
20    person for whom a petition for nomination has been filed of
21    the obligation to file statements of organization, reports
22    of campaign contributions, and annual reports of campaign
23    contributions and expenditures under Article 9 of this Act.
24    Such notice shall be given in the manner prescribed by
25    paragraph (7) of Section 9-16 of this Code.
26        (8) Nomination papers filed under this Section are not

 

 

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1    valid if the candidate named therein fails to file a
2    statement of economic interests as required by the Illinois
3    Governmental Ethics Act in relation to his candidacy with
4    the appropriate officer by the end of the period for the
5    filing of nomination papers unless he has filed a statement
6    of economic interests in relation to the same governmental
7    unit with that officer within a year preceding the date on
8    which such nomination papers were filed. If the nomination
9    papers of any candidate and the statement of economic
10    interest of that candidate are not required to be filed
11    with the same officer, the candidate must file with the
12    officer with whom the nomination papers are filed a receipt
13    from the officer with whom the statement of economic
14    interests is filed showing the date on which such statement
15    was filed. Such receipt shall be so filed not later than
16    the last day on which nomination papers may be filed.
17        (8.5) Nomination papers for the office of State
18    Representative or State Senator filed under this Section
19    are not valid unless the candidate named therein files
20    together with the nomination papers a copy of the results
21    of a substance abuse test conducted on a sample obtained
22    from the candidate within 60 days before the nomination
23    papers are filed. An individual is not eligible to file
24    nomination papers for the office of State Representative or
25    State Senator if the substance abuse test results show that
26    the candidate tested positive for substance abuse. An

 

 

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1    individual shall not be considered to have tested positive
2    for substance abuse in the case of an initial positive test
3    result unless the sample used in the original test is
4    retested to rule out a false positive and results in a
5    second positive.
6        If a delay in the testing process may delay the
7    reporting of the test results, an individual may file his
8    or her nomination papers pending receipt of the test
9    results. If the test results are positive as provided in
10    this subdivision (8.5), the individual's name shall not be
11    placed on the ballot.
12        Nothing in this subdivision (8.5) shall be deemed to
13    prohibit an individual from filing nomination papers for
14    the office of State Representative or State Senator in a
15    subsequent election if the candidate named therein files
16    together with those nomination papers a copy of the results
17    of a substance abuse test showing a negative test result.
18        The State Board of Elections shall contract with a
19    third party to conduct the substance abuse testing required
20    under this subdivision (8.5). The test results shall be
21    sent to the individual from whom the sample was obtained.
22        The Department of Human Services shall adopt rules
23    specifying the substances that must be tested for to
24    satisfy the requirements of this subdivision (8.5). The
25    substances tested for under this subdivision (8.5) shall be
26    the same as those tested for under Section 4-1.13 of the

 

 

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1    Illinois Public Aid Code.
2        Notwithstanding any other provision of this
3    subdivision (8.5), an individual is not barred from filing
4    nomination papers or appearing on a ballot if substance
5    abuse test results are positive for any substance that the
6    individual is authorized to use.
7        (9) Any person for whom a petition for nomination, or
8    for committeeman or for delegate or alternate delegate to a
9    national nominating convention has been filed may cause his
10    name to be withdrawn by request in writing, signed by him
11    and duly acknowledged before an officer qualified to take
12    acknowledgments of deeds, and filed in the principal or
13    permanent branch office of the State Board of Elections or
14    with the appropriate election authority or local election
15    official, not later than the date of certification of
16    candidates for the consolidated primary or general primary
17    ballot. No names so withdrawn shall be certified or printed
18    on the primary ballot. If petitions for nomination have
19    been filed for the same person with respect to more than
20    one political party, his name shall not be certified nor
21    printed on the primary ballot of any party. If petitions
22    for nomination have been filed for the same person for 2 or
23    more offices which are incompatible so that the same person
24    could not serve in more than one of such offices if
25    elected, that person must withdraw as a candidate for all
26    but one of such offices within the 5 business days

 

 

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1    following the last day for petition filing. A candidate in
2    a judicial election may file petitions for nomination for
3    only one vacancy in a subcircuit and only one vacancy in a
4    circuit in any one filing period, and if petitions for
5    nomination have been filed for the same person for 2 or
6    more vacancies in the same circuit or subcircuit in the
7    same filing period, his or her name shall be certified only
8    for the first vacancy for which the petitions for
9    nomination were filed. If he fails to withdraw as a
10    candidate for all but one of such offices within such time
11    his name shall not be certified, nor printed on the primary
12    ballot, for any office. For the purpose of the foregoing
13    provisions, an office in a political party is not
14    incompatible with any other office.
15        (10)(a) Notwithstanding the provisions of any other
16    statute, no primary shall be held for an established
17    political party in any township, municipality, or ward
18    thereof, where the nomination of such party for every
19    office to be voted upon by the electors of such township,
20    municipality, or ward thereof, is uncontested. Whenever a
21    political party's nomination of candidates is uncontested
22    as to one or more, but not all, of the offices to be voted
23    upon by the electors of a township, municipality, or ward
24    thereof, then a primary shall be held for that party in
25    such township, municipality, or ward thereof; provided
26    that the primary ballot shall not include those offices

 

 

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1    within such township, municipality, or ward thereof, for
2    which the nomination is uncontested. For purposes of this
3    Article, the nomination of an established political party
4    of a candidate for election to an office shall be deemed to
5    be uncontested where not more than the number of persons to
6    be nominated have timely filed valid nomination papers
7    seeking the nomination of such party for election to such
8    office.
9        (b) Notwithstanding the provisions of any other
10    statute, no primary election shall be held for an
11    established political party for any special primary
12    election called for the purpose of filling a vacancy in the
13    office of representative in the United States Congress
14    where the nomination of such political party for said
15    office is uncontested. For the purposes of this Article,
16    the nomination of an established political party of a
17    candidate for election to said office shall be deemed to be
18    uncontested where not more than the number of persons to be
19    nominated have timely filed valid nomination papers
20    seeking the nomination of such established party for
21    election to said office. This subsection (b) shall not
22    apply if such primary election is conducted on a regularly
23    scheduled election day.
24        (c) Notwithstanding the provisions in subparagraph (a)
25    and (b) of this paragraph (10), whenever a person who has
26    not timely filed valid nomination papers and who intends to

 

 

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1    become a write-in candidate for a political party's
2    nomination for any office for which the nomination is
3    uncontested files a written statement or notice of that
4    intent with the State Board of Elections or the local
5    election official with whom nomination papers for such
6    office are filed, a primary ballot shall be prepared and a
7    primary shall be held for that office. Such statement or
8    notice shall be filed on or before the date established in
9    this Article for certifying candidates for the primary
10    ballot. Such statement or notice shall contain (i) the name
11    and address of the person intending to become a write-in
12    candidate, (ii) a statement that the person is a qualified
13    primary elector of the political party from whom the
14    nomination is sought, (iii) a statement that the person
15    intends to become a write-in candidate for the party's
16    nomination, and (iv) the office the person is seeking as a
17    write-in candidate. An election authority shall have no
18    duty to conduct a primary and prepare a primary ballot for
19    any office for which the nomination is uncontested unless a
20    statement or notice meeting the requirements of this
21    Section is filed in a timely manner.
22        (11) If multiple sets of nomination papers are filed
23    for a candidate to the same office, the State Board of
24    Elections, appropriate election authority or local
25    election official where the petitions are filed shall
26    within 2 business days notify the candidate of his or her

 

 

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1    multiple petition filings and that the candidate has 3
2    business days after receipt of the notice to notify the
3    State Board of Elections, appropriate election authority
4    or local election official that he or she may cancel prior
5    sets of petitions. If the candidate notifies the State
6    Board of Elections, appropriate election authority or
7    local election official, the last set of petitions filed
8    shall be the only petitions to be considered valid by the
9    State Board of Elections, election authority or local
10    election official. If the candidate fails to notify the
11    State Board of Elections, election authority or local
12    election official then only the first set of petitions
13    filed shall be valid and all subsequent petitions shall be
14    void.
15        (12) All nominating petitions shall be available for
16    public inspection and shall be preserved for a period of
17    not less than 6 months.
18(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11;
1997-1044, eff. 1-1-13.)
 
20    Section 10. The Illinois Public Aid Code is amended by
21adding Sections 4-1.13 as follows:
 
22    (305 ILCS 5/4-1.13 new)
23    Sec. 4-1.13. Substance abuse testing.
24    (a) The Department of Human Services shall require a drug

 

 

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1test to screen each individual who applies for Temporary
2Assistance for Needy Families (TANF). The cost of drug testing
3shall be the responsibility of the individual tested.
4        (1) An individual subject to the requirements of this
5    Section includes any parent or caretaker relative who is
6    included in a cash assistance unit, including an individual
7    who may be exempt from work activity requirements due to
8    the age of the youngest child or who may be exempt from
9    work activity requirements as specified by the Department.
10        (2) An individual who tests positive for controlled
11    substances as a result of a drug test required pursuant to
12    this Section shall be ineligible to receive TANF benefits
13    for one year after the date of the positive drug test,
14    unless the individual meets the requirements of subsection
15    (c).
16    (b) The Department shall:
17        (1) provide notice of drug testing to each applicant at
18    the time of application. The notice shall advise the
19    applicant that drug testing will be conducted as a
20    condition for receiving TANF benefits and that the
21    applicant shall bear the cost of testing. The applicant
22    shall be advised that the required drug testing may be
23    avoided if the applicant does not apply for TANF benefits.
24    Dependent children under 18 years of age shall be exempt
25    from the drug-testing requirement;
26        (2) require that for 2-parent families, both parents

 

 

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1    shall comply with the drug-testing requirement;
2        (3) require any minor parent who is not required to
3    live with a parent, legal guardian, or other adult
4    caretaker relative to comply with the drug-testing
5    requirement;
6        (4) advise each applicant to be tested, before the test
7    is conducted, that the applicant may, but shall not be
8    required to, advise the agent administering the test of any
9    prescription or over-the-counter medication the applicant
10    is taking;
11        (5) require each applicant to be tested to sign a
12    written acknowledgment that the applicant has received and
13    understands the notice and advice provided pursuant to
14    paragraphs (1) and (4) of this subsection;
15        (6) ensure each applicant being tested a reasonable
16    degree of dignity while producing and submitting a sample
17    for drug testing, consistent with the need of the State to
18    ensure the reliability of the sample;
19        (7) specify circumstances under which an applicant who
20    fails a drug test has the right to take one or more
21    additional tests;
22        (8) inform an applicant who tests positive for a
23    controlled substance and is deemed ineligible for TANF
24    benefits that the applicant may reapply for those benefits
25    one year after the date of the positive drug test, unless
26    the applicant meets the requirements of subsection (c) of

 

 

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1    this Section. If the applicant tests positive again, the
2    applicant shall be ineligible to receive TANF benefits for
3    3 years after the date of the 2nd positive drug test,
4    unless the applicant meets the requirements of subsection
5    (c) of this Section; and
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 as
11    part of the screening conducted pursuant to this Section.
12    (c) An applicant who tests positive pursuant to this
13Section and is denied TANF benefits as a result may reapply for
14those benefits after 6 months if the applicant verifies the
15successful completion of a substance abuse treatment program.
16An applicant who has met the requirements of this subsection
17and reapplies for TANF benefits shall be required to pass an
18initial drug test and meet the requirements of this Section.
19Any drug test conducted while the applicant is undergoing
20substance abuse treatment shall meet the requirements of this
21Section. The cost of any drug testing and substance abuse
22treatment provided pursuant to this Section shall be the
23responsibility of the individual being tested and receiving
24treatment. An individual who fails the drug test required
25pursuant to subsection (a) of this Section may reapply for
26benefits one time.

 

 

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1    (d) If a parent is deemed ineligible for TANF benefits as a
2result of failing a drug test conducted pursuant to this
3Section:
4        (1) the eligibility of the dependent child for TANF
5    benefits shall not be affected;
6        (2) an appropriate protective payee shall be
7    designated to receive benefits on behalf of the child; and
8        (3) the parent may choose to designate another
9    individual to receive benefits for the minor child of the
10    parent. The designated individual shall be an immediate
11    family member, or if an immediate family member is not
12    available or the family member declines the option, another
13    individual, approved by the Department, may be designated.
14    The designated individual shall undergo drug testing
15    before being approved to receive benefits on behalf of the
16    child. If the designated individual tests positive for
17    controlled substances, the individual shall be ineligible
18    to receive benefits on behalf of the child.
19    (e) The Department shall adopt rules to implement the
20requirements of this Section.
 
21    Section 99. Effective date. This Act takes effect January
221, 2016.