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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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AN ACT concerning elections.
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
Sections 2A-1.1 and 7A-1 as follows:
(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
Sec. 2A-1.1. All Elections - Consolidated Schedule.
(a) In even-numbered years, the general election shall be
held on the first Tuesday after the first Monday of November;
and an election to be known as the general primary election
shall be held on the third first Tuesday in March February;
(b) In odd-numbered years, an election to be known as the
consolidated election shall be held on the first Tuesday in
April except as provided in Section 2A-1.1a of this Act; and an
election to be known as the consolidated primary election shall
be held on the last Tuesday in February.
(Source: P.A. 95-6, eff. 6-20-07.)
(10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has
been elected to that office and who seeks to be retained in
that office under subsection (d) of Section 12 of Article VI of
the Constitution shall file a declaration of candidacy to

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

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

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

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

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

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

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

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