HB0174 98TH GENERAL ASSEMBLY

LRB098 02913 KTG 32925 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0174

Introduced 1/18/2013, 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, 2014.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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.

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 in accordance with the delegate selection plan adopted by the state central committee of such national political party.

(2) Where the nomination is to be made for a county office or trustee of a sanitary district then such petition 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 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. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed filed simultaneously. 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, 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 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 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 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. A candidate in a judicial election may file petitions for nomination for only one vacancy in a subcircuit and only one vacancy in a circuit in any one filing period, and if petitions for nomination have been filed for the same person for 2 or more vacancies in the same circuit or subcircuit in the same filing period, his or her name shall be certified only for the first vacancy for which the petitions for nomination were filed. If he fails to withdraw as a candidate for all but one of such offices 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 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 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 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; 97-81, eff. 7-5-11; 97-1044, eff. 1-1-13.)

Section 10. The Illinois Public Aid Code is amended by adding Sections 4-1.13 as follows:

(305 ILCS 5/4-1.13 new)

Sec. 4-1.13. Substance abuse testing.

(a) The Department of Human Services shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families (TANF). The cost of drug testing shall be the responsibility of the individual tested.

(1) An individual subject to the requirements of this Section includes any parent or caretaker relative who is included in a cash assistance unit, including an individual who may be exempt from work activity requirements due to the age of the youngest child or who may be exempt from work activity requirements as specified by the Department.

(2) An individual who tests positive for controlled substances as a result of a drug test required pursuant to this Section shall be ineligible to receive TANF 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:

(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 TANF benefits and that the applicant shall bear the cost of testing. The applicant shall be advised that the required drug testing may be avoided if the applicant does not apply for TANF benefits. Dependent children under 18 years of age shall be exempt from the drug-testing requirement;

(2) require that for 2-parent families, both parents shall comply with the drug-testing requirement;

(3) require any minor parent who is not required to live with a parent, legal guardian, or other adult caretaker relative to comply with the drug-testing requirement;

(4) 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;

(5) require each applicant to be tested to sign a written acknowledgment that the applicant has received and understands the notice and advice provided pursuant to paragraphs (1) and (4) of this subsection;

(6) assure 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;

(7) specify circumstances under which an applicant who fails a drug test has the right to take one or more additional tests;

(8) inform an applicant who tests positive for a controlled substance and is deemed ineligible for TANF 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 ineligible to receive TANF benefits for 3 years after the date of the 2nd positive drug test, unless the applicant meets the requirements of subsection (c) of this Section; and

(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 as part of the screening conducted pursuant to this Section.

(c) An applicant who tests positive pursuant to this Section and is denied TANF 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 who has met the requirements of this subsection and reapplies for TANF 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 requirements of this Section. The cost of any drug testing and substance abuse treatment provided pursuant to this Section shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required pursuant to subsection (a) of this Section may reapply for benefits one time.

(d) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted pursuant to this Section:

(1) the eligibility of the dependent child for TANF benefits shall not be affected;

(2) an appropriate protective payee shall be designated to receive benefits on behalf of the child; and

(3) the parent may choose to designate another individual to receive benefits for the minor child of the parent. The designated individual shall be an immediate family member, or if an immediate family member is not available or the family member declines the option, another individual, approved by the Department, may be designated. The designated individual shall undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, the individual shall be ineligible to receive benefits on behalf of the child.

(e) The Department shall adopt rules to implement the requirements of this Section.

Section 99. Effective date. This Act takes effect January 1, 2014.