Bill Text: IL SB0355 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2010-03-17 - Public Act . . . . . . . . . 96-0886 [SB0355 Detail]

Download: Illinois-2009-SB0355-Engrossed.html



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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 2A-1.1 and 7A-1 as follows:
6 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
7 Sec. 2A-1.1. All Elections - Consolidated Schedule.
8 (a) In even-numbered years, the general election shall be
9 held on the first Tuesday after the first Monday of November;
10 and an election to be known as the general primary election
11 shall be held on the third first Tuesday in March February;
12 (b) In odd-numbered years, an election to be known as the
13 consolidated election shall be held on the first Tuesday in
14 April except as provided in Section 2A-1.1a of this Act; and an
15 election to be known as the consolidated primary election shall
16 be held on the last Tuesday in February.
17 (Source: P.A. 95-6, eff. 6-20-07.)
18 (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
19 Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has
20 been elected to that office and who seeks to be retained in
21 that office under subsection (d) of Section 12 of Article VI of
22 the Constitution shall file a declaration of candidacy to

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1 succeed himself in the office of the Secretary of State not
2 less than 6 months on or before the first Monday in December
3 before the general election preceding the expiration of his
4 term of office. Within 3 business days thereafter, the
5 Secretary of State shall certify to the State Board of
6 Elections the names of all incumbent judges who were eligible
7 to stand for retention at the next general election but failed
8 to timely file a declaration of candidacy to succeed themselves
9 in office or, having timely filed such a declaration, withdrew
10 it. The State Board of Elections may rely upon the
11 certification from the Secretary of State (a) to determine when
12 vacancies in judicial office exist and (b) to determine the
13 judicial positions for which elections will be held. The
14 Secretary of State, not less than 63 days before the election,
15 shall certify the Judge's candidacy to the proper election
16 officials. The names of Judges seeking retention shall be
17 submitted to the electors, separately and without party
18 designation, on the sole question whether each Judge shall be
19 retained in office for another term. The retention elections
20 shall be conducted at general elections in the appropriate
21 Judicial District, for Supreme and Appellate Judges, and in the
22 circuit for Circuit Judges. The affirmative vote of
23 three-fifths of the electors voting on the question shall elect
24 the Judge to the office for a term commencing on the first
25 Monday in December following his election.
26 (Source: P.A. 86-1348.)

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1 Section 10. The General Assembly Compensation Act is
2 amended by changing Section 4 as follows:
3 (25 ILCS 115/4) (from Ch. 63, par. 15.1)
4 Sec. 4. Office allowance. Beginning July 1, 2001, each
5 member of the House of Representatives is authorized to approve
6 the expenditure of not more than $61,000 per year and each
7 member of the Senate is authorized to approve the expenditure
8 of not more than $73,000 per year to pay for "personal
9 services", "contractual services", "commodities", "printing",
10 "travel", "operation of automotive equipment",
11 "telecommunications services", as defined in the State Finance
12 Act, and the compensation of one or more legislative assistants
13 authorized pursuant to this Section, in connection with his or
14 her legislative duties and not in connection with any political
15 campaign. On July 1, 2002 and on July 1 of each year
16 thereafter, the amount authorized per year under this Section
17 for each member of the Senate and each member of the House of
18 Representatives shall be increased by a percentage increase
19 equivalent to the lesser of (i) the increase in the designated
20 cost of living index or (ii) 5%. The designated cost of living
21 index is the index known as the "Employment Cost Index, Wages
22 and Salaries, By Occupation and Industry Groups: State and
23 Local Government Workers: Public Administration" as published
24 by the Bureau of Labor Statistics of the U.S. Department of

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1 Labor for the calendar year immediately preceding the year of
2 the respective July 1st increase date. The increase shall be
3 added to the then current amount, and the adjusted amount so
4 determined shall be the annual amount beginning July 1 of the
5 increase year until July 1 of the next year. No increase under
6 this provision shall be less than zero.
7 A member may purchase office equipment if the member
8 certifies to the Secretary of the Senate or the Clerk of the
9 House, as applicable, that the purchase price, whether paid in
10 lump sum or installments, amounts to less than would be charged
11 for renting or leasing the equipment over its anticipated
12 useful life. All such equipment must be purchased through the
13 Secretary of the Senate or the Clerk of the House, as
14 applicable, for proper identification and verification of
15 purchase.
16 Each member of the General Assembly is authorized to employ
17 one or more legislative assistants, who shall be solely under
18 the direction and control of that member, for the purpose of
19 assisting the member in the performance of his or her official
20 duties. A legislative assistant may be employed pursuant to
21 this Section as a full-time employee, part-time employee, or
22 contractual employee, at the discretion of the member. If
23 employed as a State employee, a legislative assistant shall
24 receive employment benefits on the same terms and conditions
25 that apply to other employees of the General Assembly. Each
26 member shall adopt and implement personnel policies for

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1 legislative assistants under his or her direction and control
2 relating to work time requirements, documentation for
3 reimbursement for travel on official State business,
4 compensation, and the earning and accrual of State benefits for
5 those legislative assistants who may be eligible to receive
6 those benefits. The policies shall also require legislative
7 assistants to periodically submit time sheets documenting, in
8 quarter-hour increments, the time spent each day on official
9 State business. The policies shall require the time sheets to
10 be submitted on paper, electronically, or both and to be
11 maintained in either paper or electronic format by the
12 applicable fiscal office for a period of at least 2 years.
13 Contractual employees may satisfy the time sheets requirement
14 by complying with the terms of their contract, which shall
15 provide for a means of compliance with this requirement. A
16 member may satisfy the requirements of this paragraph by
17 adopting and implementing the personnel policies promulgated
18 by that member's legislative leader under the State Officials
19 and Employees Ethics Act with respect to that member's
20 legislative assistants.
21 As used in this Section the term "personal services" shall
22 include contributions of the State under the Federal Insurance
23 Contribution Act and under Article 14 of the Illinois Pension
24 Code. As used in this Section the term "contractual services"
25 shall not include improvements to real property unless those
26 improvements are the obligation of the lessee under the lease

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1 agreement. Beginning July 1, 1989, as used in the Section, the
2 term "travel" shall be limited to travel in connection with a
3 member's legislative duties and not in connection with any
4 political campaign. Beginning on the effective date of this
5 amendatory Act of the 93rd General Assembly, as used in this
6 Section, the term "printing" includes, but is not limited to,
7 newsletters, brochures, certificates, congratulatory mailings,
8 greeting or welcome messages, anniversary or birthday cards,
9 and congratulations for prominent achievement cards. As used in
10 this Section, the term "printing" includes fees for
11 non-substantive resolutions charged by the Clerk of the House
12 of Representatives under subsection (c-5) of Section 1 of the
13 Legislative Materials Act. No newsletter or brochure that is
14 paid for, in whole or in part, with funds provided under this
15 Section may be printed or mailed during a period beginning
16 February 1 December 15 of the year of preceding a general
17 primary election and ending the day after the general primary
18 election and during a period beginning September 1 of the year
19 of a general election and ending the day after the general
20 election, except that such a newsletter or brochure may be
21 mailed during those times if it is mailed to a constituent in
22 response to that constituent's inquiry concerning the needs of
23 that constituent or questions raised by that constituent.
24 Nothing in this Section shall be construed to authorize
25 expenditures for lodging and meals while a member is in
26 attendance at sessions of the General Assembly.

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1 Any utility bill for service provided to a member's
2 district office for a period including portions of 2
3 consecutive fiscal years may be paid from funds appropriated
4 for such expenditure in either fiscal year.
5 If a vacancy occurs in the office of Senator or
6 Representative in the General Assembly, any office equipment in
7 the possession of the vacating member shall transfer to the
8 member's successor; if the successor does not want such
9 equipment, it shall be transferred to the Secretary of the
10 Senate or Clerk of the House of Representatives, as the case
11 may be, and if not wanted by other members of the General
12 Assembly then to the Department of Central Management Services
13 for treatment as surplus property under the State Property
14 Control Act. Each member, on or before June 30th of each year,
15 shall conduct an inventory of all equipment purchased pursuant
16 to this Act. Such inventory shall be filed with the Secretary
17 of the Senate or the Clerk of the House, as the case may be.
18 Whenever a vacancy occurs, the Secretary of the Senate or the
19 Clerk of the House, as the case may be, shall conduct an
20 inventory of equipment purchased.
21 In the event that a member leaves office during his or her
22 term, any unexpended or unobligated portion of the allowance
23 granted under this Section shall lapse. The vacating member's
24 successor shall be granted an allowance in an amount, rounded
25 to the nearest dollar, computed by dividing the annual
26 allowance by 365 and multiplying the quotient by the number of

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1 days remaining in the fiscal year.
2 From any appropriation for the purposes of this Section for
3 a fiscal year which overlaps 2 General Assemblies, no more than
4 1/2 of the annual allowance per member may be spent or
5 encumbered by any member of either the outgoing or incoming
6 General Assembly, except that any member of the incoming
7 General Assembly who was a member of the outgoing General
8 Assembly may encumber or spend any portion of his annual
9 allowance within the fiscal year.
10 The appropriation for the annual allowances permitted by
11 this Section shall be included in an appropriation to the
12 President of the Senate and to the Speaker of the House of
13 Representatives for their respective members. The President of
14 the Senate and the Speaker of the House shall voucher for
15 payment individual members' expenditures from their annual
16 office allowances to the State Comptroller, subject to the
17 authority of the Comptroller under Section 9 of the State
18 Comptroller Act.
19 Nothing in this Section prohibits the expenditure of
20 personal funds or the funds of a political committee controlled
21 by an officeholder to defray the customary and reasonable
22 expenses of an officeholder in connection with the performance
23 of governmental and public service functions.
24 (Source: P.A. 95-6, eff. 6-20-07; 96-555, eff. 8-18-09.)
25 Section 15. The Legislative Commission Reorganization Act

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1 of 1984 is amended by changing Section 9-2.5 as follows:
2 (25 ILCS 130/9-2.5)
3 Sec. 9-2.5. Newsletters and brochures. The Legislative
4 Printing Unit may not print for any member of the General
5 Assembly any newsletters or brochures during the period
6 beginning February 1 December 15 of the year of preceding a
7 general primary election and ending the day after the general
8 primary election and during a period beginning September 1 of
9 the year of a general election and ending the day after the
10 general election. A member of the General Assembly may not
11 mail, during a period beginning February 1 December 15 of the
12 year of preceding a general primary election and ending the day
13 after the general primary election and during a period
14 beginning September 1 of the year of a general election and
15 ending the day after the general election, any newsletters or
16 brochures that were printed, at any time, by the Legislative
17 Printing Unit, except that such a newsletter or brochure may be
18 mailed during those times if it is mailed to a constituent in
19 response to that constituent's inquiry concerning the needs of
20 that constituent or questions raised by that constituent.
21 (Source: P.A. 95-6, eff. 6-20-07.)
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