Full Text of HB4452 96th General Assembly
HB4452 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4452
Introduced 5/11/2009, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
305 ILCS 5/4-1.13 new |
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305 ILCS 5/5-1.3 new |
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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, 2010.
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A BILL FOR
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HB4452 |
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LRB096 12648 DRJ 26184 b |
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| AN ACT concerning substance abuse.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 7-12 as follows:
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12.
All petitions for nomination shall be filed by | 8 |
| mail or
in person as follows:
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| (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 in | 13 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 15 |
| nomination
shall be filed in the principal office of the State | 16 |
| Board of Elections not
more than 99 and not less than 92 days | 17 |
| prior to the date of the primary,
but, in the case of petitions | 18 |
| for nomination to fill a vacancy by special
election in the | 19 |
| office of representative in Congress from this State, such
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| petition for nomination shall be filed in the principal office | 21 |
| of the State
Board of Elections not more than 57 days and not | 22 |
| 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 |
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HB4452 |
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LRB096 12648 DRJ 26184 b |
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| or Circuit
Court Judge within the 3-week period preceding the | 2 |
| 92nd day before a
general primary election, petitions for | 3 |
| nomination for the office in which
the vacancy has occurred | 4 |
| shall be filed in the principal office of the
State Board of | 5 |
| Elections not more than 78 nor less than 71 days prior to
the | 6 |
| date of the general primary election.
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| Where the nomination is to be made for delegates or | 8 |
| alternate
delegates to a national nominating convention, then | 9 |
| such petition for
nomination shall be filed in the principal | 10 |
| office of the State Board of
Elections not more than 99 and not | 11 |
| less than 92 days prior to the date of
the primary; provided, | 12 |
| however, that if the rules or policies of a national
political | 13 |
| party conflict with such requirements for filing petitions for
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| nomination for delegates or alternate delegates to a national | 15 |
| nominating
convention, the chairman of the State central | 16 |
| committee of such national
political party shall notify the | 17 |
| Board in writing, citing by reference the
rules or policies of | 18 |
| the national political party in conflict, and in such
case the | 19 |
| Board shall direct such petitions to be filed not more than 69 | 20 |
| and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office | 22 |
| or trustee
of a sanitary district then such petition shall be | 23 |
| filed in the office
of the county clerk not more than 99 nor | 24 |
| less than 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or | 26 |
| township
office, such petitions for nomination shall be filed |
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HB4452 |
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LRB096 12648 DRJ 26184 b |
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| in the office of
the local election official, not more than 78 | 2 |
| nor less than 71 days
prior to the date of the primary; | 3 |
| provided, where a municipality's or
township's boundaries are | 4 |
| coextensive with or are entirely within the
jurisdiction of a | 5 |
| municipal board of election commissioners, the petitions
shall | 6 |
| be filed in the office of such board; and provided, that | 7 |
| petitions
for the office of multi-township assessor shall be | 8 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 10 |
| committeeman shall
be filed in the principal office of the | 11 |
| State Board of Elections not
more than 99 nor less than 92 days | 12 |
| prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 15 |
| not more
than 99 nor less than 92 days prior to the date of the | 16 |
| primary.
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| (6) The State Board of Elections and the various election | 18 |
| authorities
and local election officials with whom such | 19 |
| petitions for nominations
are filed shall specify the place | 20 |
| where filings shall be made and upon
receipt shall endorse | 21 |
| thereon the day and hour on which each petition
was filed. All | 22 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 23 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of | 25 |
| 8:00 a.m.
or the normal opening hour, as the case may be. | 26 |
| Petitions filed by mail
and received after midnight of the |
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LRB096 12648 DRJ 26184 b |
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| first day for filing and in the first
mail delivery or pickup | 2 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 3 |
| or as of the normal opening hour of such day, as the
case may | 4 |
| be. All petitions received thereafter shall be deemed as filed
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| in the order of actual receipt. Where 2 or more petitions are | 6 |
| received
simultaneously, the State Board of Elections or the | 7 |
| various election
authorities or local election officials with | 8 |
| whom such petitions are
filed shall break ties and determine | 9 |
| the order of filing, by means of a
lottery or other fair and | 10 |
| impartial method of random selection approved
by the State | 11 |
| Board of Elections. Such lottery shall be conducted within
9 | 12 |
| days following the last day for petition filing and shall be | 13 |
| open to the
public. Seven days written notice of the time and | 14 |
| place of conducting such
random selection shall be given by the | 15 |
| State Board of Elections to the
chairman of the State central | 16 |
| committee of each established political
party, and by each | 17 |
| election authority or local election official, to the
County | 18 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction | 20 |
| which was
entitled, under this Article, at the next preceding | 21 |
| election, to have
pollwatchers present on the day of election. | 22 |
| The State Board of Elections,
election authority or local | 23 |
| election official shall post in a conspicuous,
open and public | 24 |
| place, at the entrance of the office, notice of the time
and | 25 |
| place of such lottery. The State Board of Elections shall adopt | 26 |
| rules
and regulations governing the procedures for the conduct |
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LRB096 12648 DRJ 26184 b |
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| of such lottery.
All candidates shall be certified in the order | 2 |
| in which their petitions
have been filed. Where candidates have | 3 |
| filed simultaneously, they shall be
certified in the order | 4 |
| determined by lot and prior to candidates who filed
for the | 5 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 7 |
| election
authority or local election official with whom such a | 8 |
| petition for
nomination is filed shall notify the person for | 9 |
| whom a petition for
nomination has been filed of the obligation | 10 |
| to file statements of
organization, reports of campaign | 11 |
| contributions, and annual reports of
campaign contributions | 12 |
| and expenditures under Article 9 of this Act.
Such notice shall | 13 |
| be given in the manner prescribed by paragraph (7) of
Section | 14 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 16 |
| valid if the
candidate named therein fails to file a statement | 17 |
| of economic interests
as required by the Illinois Governmental | 18 |
| Ethics Act in relation to his
candidacy with the appropriate | 19 |
| officer by the end of the period for the
filing of nomination | 20 |
| papers unless he has filed a statement of economic
interests in | 21 |
| relation to the same governmental unit with that officer
within | 22 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 24 |
| statement of
economic interest of that candidate are not | 25 |
| required to be filed with
the same officer, the candidate must | 26 |
| file with the officer with whom the
nomination papers are filed |
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LRB096 12648 DRJ 26184 b |
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| a receipt from the officer with whom the
statement of economic | 2 |
| interests is filed showing the date on which such
statement was | 3 |
| filed. Such receipt shall be so filed not later than the
last | 4 |
| day on which nomination papers may be filed.
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| (8.5) Nomination papers for the office of State | 6 |
| Representative or State Senator filed under this Section are | 7 |
| not valid unless the
candidate named therein files together | 8 |
| with the nomination papers a copy of the results of a substance | 9 |
| abuse test conducted on a sample obtained from the candidate | 10 |
| within 60 days before the nomination papers are filed. An | 11 |
| individual is not eligible to file nomination papers for the | 12 |
| office of State Representative or State Senator if the | 13 |
| substance abuse test results show that the candidate tested | 14 |
| positive for substance abuse. An individual shall not be | 15 |
| considered to have tested positive for substance abuse in the | 16 |
| case of an initial positive test result unless the sample used | 17 |
| in the original test is retested to rule out a false positive | 18 |
| and results in a second positive. | 19 |
| If a delay in the testing process may delay the reporting | 20 |
| of the test results, an individual may file his or her | 21 |
| nomination papers pending receipt of the test results. If the | 22 |
| test results are positive as provided in this subdivision | 23 |
| (8.5), the individual's name shall not be placed on the ballot. | 24 |
| Nothing in this subdivision (8.5) shall be deemed to | 25 |
| prohibit an individual from filing nomination papers for the | 26 |
| office of State Representative or State Senator in a subsequent |
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LRB096 12648 DRJ 26184 b |
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| election if the candidate named therein files together with | 2 |
| those nomination papers a copy of the results of a substance | 3 |
| abuse test showing a negative test result. | 4 |
| The State Board of Elections shall contract with a third | 5 |
| party to conduct the substance abuse testing required under | 6 |
| this subdivision (8.5). The test results shall be sent to the | 7 |
| individual from whom the sample was obtained. | 8 |
| The Department of Human Services shall adopt rules | 9 |
| specifying the substances that must be tested for to satisfy | 10 |
| the requirements of this subdivision (8.5). The substances | 11 |
| tested for under this subdivision (8.5) shall be the same as | 12 |
| those tested for under Section 4-1.13 of the Illinois Public | 13 |
| Aid Code. | 14 |
| Notwithstanding any other provision of this subdivision | 15 |
| (8.5), an individual is not barred from filing nomination | 16 |
| papers or appearing on a ballot if substance abuse test results | 17 |
| are positive for any substance that the individual is | 18 |
| authorized to use. | 19 |
| (9) Any person for whom a petition for nomination, or for | 20 |
| committeeman or
for delegate or alternate delegate to a | 21 |
| national nominating convention has
been filed may cause his | 22 |
| name to be withdrawn by request in writing, signed
by him and | 23 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 25 |
| permanent branch
office of the State Board of Elections or with | 26 |
| the appropriate election
authority or local election official, |
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LRB096 12648 DRJ 26184 b |
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| not later than the date of
certification of candidates for the | 2 |
| consolidated primary or general primary
ballot. No names so | 3 |
| withdrawn shall be certified or printed on the
primary ballot. | 4 |
| If petitions for nomination have been filed for the
same person | 5 |
| with respect to more than one political party, his name
shall | 6 |
| not be certified nor printed on the primary ballot of any | 7 |
| party.
If petitions for nomination have been filed for the same | 8 |
| person for 2 or
more offices which are incompatible so that the | 9 |
| same person could not
serve in more than one of such offices if | 10 |
| elected, that person must
withdraw as a candidate for all but | 11 |
| one of such offices within the
5 business days following the | 12 |
| last day for petition filing. If he fails to
withdraw as a | 13 |
| candidate for all but one of such offices within such time
his | 14 |
| name shall not be certified, nor printed on the primary ballot, | 15 |
| for any
office. For the purpose of the foregoing provisions, an | 16 |
| office in a
political party is not incompatible with any other | 17 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 19 |
| statute, no primary
shall be held for an established | 20 |
| political party in any township,
municipality, or ward | 21 |
| thereof, where the nomination of such
party for every | 22 |
| office to be voted upon by the electors of such
township, | 23 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 25 |
| as to one or
more, but not all, of the offices to be voted | 26 |
| upon by the electors of a
township, municipality, or ward |
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LRB096 12648 DRJ 26184 b |
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| thereof, then a primary shall
be held for that party in | 2 |
| such township, municipality, or ward thereof;
provided | 3 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 5 |
| which the
nomination is uncontested. For purposes of this | 6 |
| Article, the nomination
of an established political party | 7 |
| of a candidate for election to an office
shall be deemed to | 8 |
| be uncontested where not more than the number of persons
to | 9 |
| be nominated have timely filed valid nomination papers | 10 |
| seeking the
nomination of such party for election to such | 11 |
| office.
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| (b) Notwithstanding the provisions of any other | 13 |
| statute, no primary
election shall be held for an | 14 |
| established political party for any special
primary | 15 |
| election called for the purpose of filling a vacancy in the | 16 |
| office
of representative in the United States Congress | 17 |
| where the nomination of
such political party for said | 18 |
| office is uncontested. For the purposes of
this Article, | 19 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 21 |
| uncontested
where not more than the number of persons to be | 22 |
| nominated have timely filed
valid nomination papers | 23 |
| seeking the nomination of such established party
for | 24 |
| election to said office. This subsection (b) shall not | 25 |
| apply if such
primary election is conducted on a regularly | 26 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 2 |
| and (b) of this
paragraph (10), whenever a person who has | 3 |
| not timely filed valid nomination
papers and who intends to | 4 |
| become a write-in candidate for a political
party's | 5 |
| nomination for any office for which the nomination is | 6 |
| uncontested
files a written statement or notice of that | 7 |
| intent with the State Board of
Elections or the local | 8 |
| election official with whom nomination papers for
such | 9 |
| office are filed, a primary ballot shall be prepared and a | 10 |
| primary
shall be held for that office. Such statement or | 11 |
| notice shall be filed on
or before the date established in | 12 |
| this Article for certifying candidates
for the primary | 13 |
| ballot. Such statement or notice shall contain (i) the
name | 14 |
| and address of the person intending to become a write-in | 15 |
| candidate,
(ii) a statement that the person is a qualified | 16 |
| primary elector of the
political party from whom the | 17 |
| nomination is sought, (iii) a statement that
the person | 18 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 20 |
| write-in
candidate. An election authority shall have no | 21 |
| duty to conduct a primary
and prepare a primary ballot for | 22 |
| any office for which the nomination is
uncontested unless a | 23 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 26 |
| candidate to
the same office, the State Board of Elections, |
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| appropriate election
authority or local election official | 2 |
| where the petitions are filed shall
within 2 business days | 3 |
| notify the candidate of his or her multiple petition
filings | 4 |
| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 6 |
| election
authority or local election official that he or she | 7 |
| may cancel prior sets
of petitions. If the candidate notifies | 8 |
| the State Board of Elections,
appropriate election authority or | 9 |
| local election official, the last set of
petitions filed shall | 10 |
| be the only petitions to be considered valid by the
State Board | 11 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 13 |
| election authority
or local
election official then only the | 14 |
| first set of petitions filed shall be valid
and all subsequent | 15 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 17 |
| inspection
and shall be preserved for a period of not less than | 18 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 20 |
| 87-1052.)
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| Section 10. The Illinois Public Aid Code is amended by | 22 |
| adding Sections 4-1.13 and 5-1.3 as follows: | 23 |
| (305 ILCS 5/4-1.13 new) | 24 |
| Sec. 4-1.13. Substance abuse testing. |
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HB4452 |
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LRB096 12648 DRJ 26184 b |
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| (a) The Department of Human Services shall implement a | 2 |
| random substance abuse testing program for applicants for | 3 |
| assistance under the Temporary Assistance For Needy Families | 4 |
| (TANF) program under this Article IV. The Department shall | 5 |
| adopt rules specifying the substances that must be tested for | 6 |
| under this Section. | 7 |
| (b) An individual shall not be considered to have tested | 8 |
| positive for substance abuse until the sample has been retested | 9 |
| to rule out a false positive using the same sample obtained in | 10 |
| the original test. An individual who tests positive on the | 11 |
| retest must agree to and complete a substance abuse treatment | 12 |
| plan within 60 days after being notified of the positive retest | 13 |
| by the Department. If an individual completes a substance abuse | 14 |
| treatment plan under this subsection, he or she must again be | 15 |
| tested for substance abuse after completion of the treatment | 16 |
| plan. | 17 |
| (c) If an individual fails to complete a substance abuse | 18 |
| treatment plan as required under subsection (b) or tests | 19 |
| positive for substance abuse following completion of a | 20 |
| substance abuse treatment plan, the individual is barred from | 21 |
| eligibility for assistance under this Article for a period of | 22 |
| one year following the date of the individual's application for | 23 |
| assistance. An individual's ineligibility for assistance under | 24 |
| this subsection does not affect the eligibility of any other | 25 |
| member of the individual's family who is included in the | 26 |
| application for assistance under this Article. |
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HB4452 |
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LRB096 12648 DRJ 26184 b |
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| (d) Residents of facilities licensed under the Nursing Home | 2 |
| Care Act are exempt from the requirements of this Section. | 3 |
| (305 ILCS 5/5-1.3 new) | 4 |
| Sec. 5-1.3. Substance abuse testing. | 5 |
| (a) The Department of Healthcare and Family Services shall | 6 |
| implement a random substance abuse testing program for | 7 |
| applicants for medical assistance under this Article V. The | 8 |
| Department shall adopt rules specifying the substances that | 9 |
| must be tested for under this Section. The substances tested | 10 |
| for under this Section shall be the same as those tested for | 11 |
| under Section 4-1.13 of this Code. | 12 |
| (b) An individual shall not be considered to have tested | 13 |
| positive for substance abuse until the sample has been retested | 14 |
| to rule out a false positive using the same sample obtained in | 15 |
| the original test. An individual who tests positive on the | 16 |
| retest must agree to and complete a substance abuse treatment | 17 |
| plan within 60 days after being notified of the positive retest | 18 |
| by the Department. If an individual completes a substance abuse | 19 |
| treatment plan under this subsection, he or she must again be | 20 |
| tested for substance abuse after completion of the treatment | 21 |
| plan. | 22 |
| (c) If an individual fails to complete a substance abuse | 23 |
| treatment plan as required under subsection (b) or tests | 24 |
| positive for substance abuse following completion of a | 25 |
| substance abuse treatment plan, the individual is barred from |
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HB4452 |
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LRB096 12648 DRJ 26184 b |
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| eligibility for assistance under this Article for a period of | 2 |
| one year following the date of the individual's application for | 3 |
| assistance. An individual's ineligibility for assistance under | 4 |
| this subsection does not affect the eligibility of any other | 5 |
| member of the individual's family who is included in the | 6 |
| application for assistance under this Article. | 7 |
| (d) Residents of facilities licensed under the Nursing Home | 8 |
| Care Act are exempt from the requirements of this Section.
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| Section 99. Effective date. This Act takes effect January | 10 |
| 1, 2010.
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