Illinois General Assembly - Full Text of SB0355
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Full Text of SB0355  96th General Assembly

SB0355sam001 96TH GENERAL ASSEMBLY

Sen. Deanna Demuzio

Filed: 2/24/2010

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 355

2     AMENDMENT NO. ______. Amend Senate Bill 355 by replacing
3 everything after the enacting clause with the following:
 
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.

 

 

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1 (Source: P.A. 95-6, eff. 6-20-07.)
 
2     (10 ILCS 5/7A-1)  (from Ch. 46, par. 7A-1)
3     Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has
4 been elected to that office and who seeks to be retained in
5 that office under subsection (d) of Section 12 of Article VI of
6 the Constitution shall file a declaration of candidacy to
7 succeed himself in the office of the Secretary of State not
8 less than 6 months on or before the first Monday in December
9 before the general election preceding the expiration of his
10 term of office. Within 3 business days thereafter, the
11 Secretary of State shall certify to the State Board of
12 Elections the names of all incumbent judges who were eligible
13 to stand for retention at the next general election but failed
14 to timely file a declaration of candidacy to succeed themselves
15 in office or, having timely filed such a declaration, withdrew
16 it. The State Board of Elections may rely upon the
17 certification from the Secretary of State (a) to determine when
18 vacancies in judicial office exist and (b) to determine the
19 judicial positions for which elections will be held. The
20 Secretary of State, not less than 63 days before the election,
21 shall certify the Judge's candidacy to the proper election
22 officials. The names of Judges seeking retention shall be
23 submitted to the electors, separately and without party
24 designation, on the sole question whether each Judge shall be
25 retained in office for another term. The retention elections

 

 

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1 shall be conducted at general elections in the appropriate
2 Judicial District, for Supreme and Appellate Judges, and in the
3 circuit for Circuit Judges. The affirmative vote of
4 three-fifths of the electors voting on the question shall elect
5 the Judge to the office for a term commencing on the first
6 Monday in December following his election.
7 (Source: P.A. 86-1348.)
 
8     Section 10. The General Assembly Compensation Act is
9 amended by changing Section 4 as follows:
 
10     (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
11     Sec. 4. Office allowance. Beginning July 1, 2001, each
12 member of the House of Representatives is authorized to approve
13 the expenditure of not more than $61,000 per year and each
14 member of the Senate is authorized to approve the expenditure
15 of not more than $73,000 per year to pay for "personal
16 services", "contractual services", "commodities", "printing",
17 "travel", "operation of automotive equipment",
18 "telecommunications services", as defined in the State Finance
19 Act, and the compensation of one or more legislative assistants
20 authorized pursuant to this Section, in connection with his or
21 her legislative duties and not in connection with any political
22 campaign. On July 1, 2002 and on July 1 of each year
23 thereafter, the amount authorized per year under this Section
24 for each member of the Senate and each member of the House of

 

 

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1 Representatives shall be increased by a percentage increase
2 equivalent to the lesser of (i) the increase in the designated
3 cost of living index or (ii) 5%. The designated cost of living
4 index is the index known as the "Employment Cost Index, Wages
5 and Salaries, By Occupation and Industry Groups: State and
6 Local Government Workers: Public Administration" as published
7 by the Bureau of Labor Statistics of the U.S. Department of
8 Labor for the calendar year immediately preceding the year of
9 the respective July 1st increase date. The increase shall be
10 added to the then current amount, and the adjusted amount so
11 determined shall be the annual amount beginning July 1 of the
12 increase year until July 1 of the next year. No increase under
13 this provision shall be less than zero.
14     A member may purchase office equipment if the member
15 certifies to the Secretary of the Senate or the Clerk of the
16 House, as applicable, that the purchase price, whether paid in
17 lump sum or installments, amounts to less than would be charged
18 for renting or leasing the equipment over its anticipated
19 useful life. All such equipment must be purchased through the
20 Secretary of the Senate or the Clerk of the House, as
21 applicable, for proper identification and verification of
22 purchase.
23     Each member of the General Assembly is authorized to employ
24 one or more legislative assistants, who shall be solely under
25 the direction and control of that member, for the purpose of
26 assisting the member in the performance of his or her official

 

 

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1 duties. A legislative assistant may be employed pursuant to
2 this Section as a full-time employee, part-time employee, or
3 contractual employee, at the discretion of the member. If
4 employed as a State employee, a legislative assistant shall
5 receive employment benefits on the same terms and conditions
6 that apply to other employees of the General Assembly. Each
7 member shall adopt and implement personnel policies for
8 legislative assistants under his or her direction and control
9 relating to work time requirements, documentation for
10 reimbursement for travel on official State business,
11 compensation, and the earning and accrual of State benefits for
12 those legislative assistants who may be eligible to receive
13 those benefits. The policies shall also require legislative
14 assistants to periodically submit time sheets documenting, in
15 quarter-hour increments, the time spent each day on official
16 State business. The policies shall require the time sheets to
17 be submitted on paper, electronically, or both and to be
18 maintained in either paper or electronic format by the
19 applicable fiscal office for a period of at least 2 years.
20 Contractual employees may satisfy the time sheets requirement
21 by complying with the terms of their contract, which shall
22 provide for a means of compliance with this requirement. A
23 member may satisfy the requirements of this paragraph by
24 adopting and implementing the personnel policies promulgated
25 by that member's legislative leader under the State Officials
26 and Employees Ethics Act with respect to that member's

 

 

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1 legislative assistants.
2     As used in this Section the term "personal services" shall
3 include contributions of the State under the Federal Insurance
4 Contribution Act and under Article 14 of the Illinois Pension
5 Code. As used in this Section the term "contractual services"
6 shall not include improvements to real property unless those
7 improvements are the obligation of the lessee under the lease
8 agreement. Beginning July 1, 1989, as used in the Section, the
9 term "travel" shall be limited to travel in connection with a
10 member's legislative duties and not in connection with any
11 political campaign. Beginning on the effective date of this
12 amendatory Act of the 93rd General Assembly, as used in this
13 Section, the term "printing" includes, but is not limited to,
14 newsletters, brochures, certificates, congratulatory mailings,
15 greeting or welcome messages, anniversary or birthday cards,
16 and congratulations for prominent achievement cards. As used in
17 this Section, the term "printing" includes fees for
18 non-substantive resolutions charged by the Clerk of the House
19 of Representatives under subsection (c-5) of Section 1 of the
20 Legislative Materials Act. No newsletter or brochure that is
21 paid for, in whole or in part, with funds provided under this
22 Section may be printed or mailed during a period beginning
23 February 1 December 15 of the year of preceding a general
24 primary election and ending the day after the general primary
25 election and during a period beginning September 1 of the year
26 of a general election and ending the day after the general

 

 

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1 election, except that such a newsletter or brochure may be
2 mailed during those times if it is mailed to a constituent in
3 response to that constituent's inquiry concerning the needs of
4 that constituent or questions raised by that constituent.
5 Nothing in this Section shall be construed to authorize
6 expenditures for lodging and meals while a member is in
7 attendance at sessions of the General Assembly.
8     Any utility bill for service provided to a member's
9 district office for a period including portions of 2
10 consecutive fiscal years may be paid from funds appropriated
11 for such expenditure in either fiscal year.
12     If a vacancy occurs in the office of Senator or
13 Representative in the General Assembly, any office equipment in
14 the possession of the vacating member shall transfer to the
15 member's successor; if the successor does not want such
16 equipment, it shall be transferred to the Secretary of the
17 Senate or Clerk of the House of Representatives, as the case
18 may be, and if not wanted by other members of the General
19 Assembly then to the Department of Central Management Services
20 for treatment as surplus property under the State Property
21 Control Act. Each member, on or before June 30th of each year,
22 shall conduct an inventory of all equipment purchased pursuant
23 to this Act. Such inventory shall be filed with the Secretary
24 of the Senate or the Clerk of the House, as the case may be.
25 Whenever a vacancy occurs, the Secretary of the Senate or the
26 Clerk of the House, as the case may be, shall conduct an

 

 

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1 inventory of equipment purchased.
2     In the event that a member leaves office during his or her
3 term, any unexpended or unobligated portion of the allowance
4 granted under this Section shall lapse. The vacating member's
5 successor shall be granted an allowance in an amount, rounded
6 to the nearest dollar, computed by dividing the annual
7 allowance by 365 and multiplying the quotient by the number of
8 days remaining in the fiscal year.
9     From any appropriation for the purposes of this Section for
10 a fiscal year which overlaps 2 General Assemblies, no more than
11 1/2 of the annual allowance per member may be spent or
12 encumbered by any member of either the outgoing or incoming
13 General Assembly, except that any member of the incoming
14 General Assembly who was a member of the outgoing General
15 Assembly may encumber or spend any portion of his annual
16 allowance within the fiscal year.
17     The appropriation for the annual allowances permitted by
18 this Section shall be included in an appropriation to the
19 President of the Senate and to the Speaker of the House of
20 Representatives for their respective members. The President of
21 the Senate and the Speaker of the House shall voucher for
22 payment individual members' expenditures from their annual
23 office allowances to the State Comptroller, subject to the
24 authority of the Comptroller under Section 9 of the State
25 Comptroller Act.
26     Nothing in this Section prohibits the expenditure of

 

 

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1 personal funds or the funds of a political committee controlled
2 by an officeholder to defray the customary and reasonable
3 expenses of an officeholder in connection with the performance
4 of governmental and public service functions.
5 (Source: P.A. 95-6, eff. 6-20-07; 96-555, eff. 8-18-09.)
 
6     Section 15. The Legislative Commission Reorganization Act
7 of 1984 is amended by changing Section 9-2.5 as follows:
 
8     (25 ILCS 130/9-2.5)
9     Sec. 9-2.5. Newsletters and brochures. The Legislative
10 Printing Unit may not print for any member of the General
11 Assembly any newsletters or brochures during the period
12 beginning February 1 December 15 of the year of preceding a
13 general primary election and ending the day after the general
14 primary election and during a period beginning September 1 of
15 the year of a general election and ending the day after the
16 general election. A member of the General Assembly may not
17 mail, during a period beginning February 1 December 15 of the
18 year of preceding a general primary election and ending the day
19 after the general primary election and during a period
20 beginning September 1 of the year of a general election and
21 ending the day after the general election, any newsletters or
22 brochures that were printed, at any time, by the Legislative
23 Printing Unit, except that such a newsletter or brochure may be
24 mailed during those times if it is mailed to a constituent in

 

 

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1 response to that constituent's inquiry concerning the needs of
2 that constituent or questions raised by that constituent.
3 (Source: P.A. 95-6, eff. 6-20-07.)".