Full Text of SB2183 96th General Assembly
SB2183sam001 96TH GENERAL ASSEMBLY
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Sen. Christine Radogno
Filed: 5/22/2009
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| AMENDMENT TO SENATE BILL 2183
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| AMENDMENT NO. ______. Amend Senate Bill 2183 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 2A-1.1, 7A-1, and 9-10 as follows:
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| (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
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| 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 June February ;
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| (b) In odd-numbered years, an election to be known as the
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| 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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| (Source: P.A. 95-6, eff. 6-20-07.)
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| (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
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| 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
on or | 8 |
| before the third first Monday in April December before the | 9 |
| general election preceding
the expiration of his term of | 10 |
| office. Within 3 business days thereafter,
the Secretary of | 11 |
| State shall certify to the State Board of Elections the
names | 12 |
| of all incumbent judges who were eligible to stand for | 13 |
| retention at
the next general election but failed to timely | 14 |
| file a declaration of
candidacy to succeed themselves in office | 15 |
| or, having timely filed such a
declaration, withdrew it. The | 16 |
| State Board of Elections may rely upon the
certification from | 17 |
| the Secretary of State (a) to determine when vacancies
in | 18 |
| judicial office exist and (b) to determine the judicial | 19 |
| positions for
which elections will be held. The Secretary of | 20 |
| State, not less
than 63 days before the election, shall certify | 21 |
| the Judge's candidacy to
the proper election officials. The | 22 |
| names of Judges seeking retention shall
be submitted to the | 23 |
| electors, separately and without party designation,
on the sole | 24 |
| question whether each Judge shall be retained in office for
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| another term. The retention elections shall be conducted at |
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| general elections
in the appropriate Judicial District, for | 2 |
| Supreme and Appellate Judges,
and in the circuit for Circuit | 3 |
| Judges. The affirmative vote of three-fifths
of the electors | 4 |
| voting on the question shall elect the Judge to the office
for | 5 |
| a term commencing on the first Monday in December following his | 6 |
| election.
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| (Source: P.A. 86-1348 .)
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| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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| Sec. 9-10. Financial reports.
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| (a) The treasurer of every state political committee and | 11 |
| the
treasurer of every local political committee shall file | 12 |
| with the
Board, and the treasurer of every local political | 13 |
| committee shall file
with the county clerk, reports of campaign | 14 |
| contributions, and semi-annual
reports of campaign | 15 |
| contributions and expenditures on forms to be
prescribed or | 16 |
| approved by the Board. The treasurer of every political
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| committee that acts as both a state political committee and a | 18 |
| local
political committee shall file a copy of each report with | 19 |
| the State Board
of Elections and the county clerk.
Entities | 20 |
| subject to Section 9-7.5 shall file reports required by
that | 21 |
| Section at times
provided in this Section and are subject to | 22 |
| the penalties provided in this
Section.
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| (b) This subsection does not apply with respect to general | 24 |
| primary elections. Reports of campaign contributions shall be | 25 |
| filed no later than the
15th day next preceding each election |
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| or primary in
connection with which the political committee has | 2 |
| accepted or is
accepting contributions or has made or is making | 3 |
| expenditures. Such
reports shall be complete as of the 30th day | 4 |
| next preceding each election or primary . The Board shall assess | 5 |
| a civil penalty not to
exceed $5,000 for a violation of this | 6 |
| subsection, except that for State
officers and candidates
and | 7 |
| political
committees formed for statewide office, the civil
| 8 |
| penalty may not exceed $10,000.
The fine, however, shall not | 9 |
| exceed $500 for a
first filing violation for filing less than | 10 |
| 10 days after the deadline.
There shall be no fine if the | 11 |
| report is mailed and postmarked at least 72 hours
prior to the | 12 |
| filing deadline.
For the purpose of this subsection, "statewide
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| office" and "State officer" means the Governor, Lieutenant | 14 |
| Governor, Attorney
General,
Secretary of State,
Comptroller, | 15 |
| and Treasurer. However, a
continuing political committee that | 16 |
| does not make an expenditure or
expenditures in an aggregate | 17 |
| amount of more than $500 on behalf of or in opposition to any | 18 |
| (i) candidate or candidates, (ii) public
question or questions, | 19 |
| or (iii) candidate or candidates and public question or | 20 |
| questions on the ballot at an election or primary shall not be | 21 |
| required to file the
reports prescribed in this subsection (b) | 22 |
| and subsection (b-5) but may file in lieu thereof a Statement | 23 |
| of
Nonparticipation in the Election or Primary with the Board | 24 |
| or the Board and the county
clerk ; except that if the | 25 |
| political committee, by the terms of its statement of | 26 |
| organization filed in accordance with this Article, is |
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| organized to support or oppose a candidate or public question | 2 |
| on the ballot at the next election or primary, that committee | 3 |
| must file reports required by this subsection (b) and by | 4 |
| subsection (b-5).
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| (b-5) Notwithstanding the provisions of subsection (b) and
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| Section 1.25 of the Statute on Statutes, any contribution
of | 7 |
| more than $500 received (i) with respect to elections other | 8 |
| than the general primary election, in the interim between the | 9 |
| last date
of the period
covered by the last report filed under | 10 |
| subsection (b) prior to the election or primary and
the date of | 11 |
| the election or primary (ii) with respect to general primary | 12 |
| elections, in the period beginning January 1 of the year of the | 13 |
| general primary election and prior to the date of the general | 14 |
| primary election shall be filed with and must actually be | 15 |
| received by
the State Board of Elections within 2 business days | 16 |
| after
receipt of such contribution. A continuing political | 17 |
| committee that does not support or oppose a candidate or public | 18 |
| question on the ballot at a general primary election and does | 19 |
| not make expenditures in excess of $500 on behalf of or in | 20 |
| opposition to any candidate or public question on the ballot at | 21 |
| the general primary election shall not be required to file the | 22 |
| report prescribed in this subsection unless the committee makes | 23 |
| an expenditure in excess of $500 on behalf of or in opposition | 24 |
| to any candidate or public question on the ballot at the | 25 |
| general primary election. The committee shall timely file the | 26 |
| report required under this subsection beginning with the date |
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| the expenditure that triggered participation was made.
The | 2 |
| State Board shall allow filings of reports of contributions of | 3 |
| more than
$500 under this subsection (b-5) by political | 4 |
| committees that are not
required to file electronically to be | 5 |
| made by
facsimile transmission.
For the purpose of this | 6 |
| subsection, a contribution is considered
received on the date | 7 |
| the public official, candidate, or political committee (or
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| equivalent person
in the case of a
reporting entity other than | 9 |
| a political committee) actually receives it or, in
the case of | 10 |
| goods or services, 2 business days after the date the public
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| official,
candidate, committee,
or other reporting entity | 12 |
| receives the certification required under subsection
(b) of | 13 |
| Section 9-6.
Failure to report
each contribution is a separate | 14 |
| violation of this subsection. In the final
disposition of any | 15 |
| matter by the Board on or after the effective date of this
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| amendatory Act of the 93rd General Assembly, the Board
may
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| impose fines for violations of this subsection not to exceed | 18 |
| 100% of the
total
amount of the contributions that were | 19 |
| untimely reported, but in no case when a
fine is imposed shall | 20 |
| it be less
than 10% of the total amount of the contributions | 21 |
| that were untimely
reported.
When considering the amount of the | 22 |
| fine to be imposed, the Board shall
consider, but is not | 23 |
| limited to, the following factors:
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| (1) whether in the Board's opinion the violation was | 25 |
| committed
inadvertently,
negligently, knowingly, or | 26 |
| intentionally;
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| (2) the number of days the contribution was reported | 2 |
| late; and
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| (3) past violations of Sections 9-3 and 9-10 of this | 4 |
| Article by the
committee.
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| (c) In addition to such reports the treasurer of every | 6 |
| political
committee shall file semi-annual reports of campaign | 7 |
| contributions and
expenditures no later than July 20th, | 8 |
| covering the period from January 1st
through June 30th | 9 |
| immediately preceding, and no later than January 20th,
covering | 10 |
| the period from July 1st through December 31st of the preceding
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| calendar year. Reports of contributions and expenditures must | 12 |
| be filed to
cover the prescribed time periods even though no | 13 |
| contributions or
expenditures may have been received or made | 14 |
| during the period.
The Board shall assess a civil penalty not | 15 |
| to exceed $5,000 for a violation
of this subsection, except | 16 |
| that for State officers and candidates
and political
committees | 17 |
| formed for statewide office, the civil
penalty may not exceed | 18 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 19 |
| filing violation for filing less than 10 days after the | 20 |
| deadline.
There shall be no fine if the report is mailed and | 21 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 22 |
| the purpose of this subsection, "statewide
office" and "State | 23 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 24 |
| General, Secretary
of State,
Comptroller, and Treasurer.
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| (c-5) A political committee that acts as either (i) a State | 26 |
| and local
political committee or (ii) a local political |
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| committee and that files reports
electronically under Section | 2 |
| 9-28 is not required to file copies of the reports
with the | 3 |
| appropriate county clerk if the county clerk has a system that
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| permits access to, and duplication of, reports that are filed | 5 |
| with the State
Board of Elections. A State and local political | 6 |
| committee or
a local political committee shall file with the | 7 |
| county clerk a copy of its
statement of organization pursuant | 8 |
| to Section 9-3.
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| (d) A copy of each report or statement filed under this | 10 |
| Article
shall be
preserved by the person filing it for a period | 11 |
| of two years from the
date of filing.
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| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 13 |
| eff. 1-1-09.)
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| Section 10. The General Assembly Compensation Act is | 15 |
| amended by changing Section 4 as follows: | 16 |
| (25 ILCS 115/4) (from Ch. 63, par. 15.1)
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| Sec. 4. Office allowance. Beginning July 1, 2001, each | 18 |
| member
of the House
of Representatives is authorized to approve | 19 |
| the expenditure of not more than
$61,000 per year and each | 20 |
| member of the
Senate is authorized to approve the
expenditure | 21 |
| of not more than $73,000 per
year to pay for "personal | 22 |
| services",
"contractual services", "commodities", "printing", | 23 |
| "travel",
"operation of automotive equipment", | 24 |
| "telecommunications services", as
defined in the State Finance |
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| Act, and the compensation of one or more
legislative assistants | 2 |
| authorized pursuant to this Section, in connection
with his or | 3 |
| her legislative duties and not in connection with any political
| 4 |
| campaign.
On July 1, 2002 and on July 1 of each year | 5 |
| thereafter, the amount authorized
per year under this Section | 6 |
| for each member of the Senate and each member of
the House of | 7 |
| Representatives shall be increased by a percentage increase
| 8 |
| equivalent to the lesser of (i) the increase in the designated | 9 |
| cost of living
index or (ii) 5%. The designated cost of living | 10 |
| index is the index known as
the "Employment Cost Index, Wages | 11 |
| and Salaries, By
Occupation and Industry Groups: State and | 12 |
| Local Government Workers: Public
Administration" as published | 13 |
| by the Bureau of Labor Statistics of the U.S.
Department of | 14 |
| Labor for the calendar year immediately preceding the year of | 15 |
| the
respective July 1st increase date. The increase shall be | 16 |
| added to the then
current amount, and the adjusted amount so | 17 |
| determined shall be the annual
amount beginning July 1 of the | 18 |
| increase year until July 1 of the next year. No
increase under | 19 |
| this provision shall be less than zero.
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| A member may purchase office equipment if the member | 21 |
| certifies
to the Secretary of the Senate or the Clerk of the | 22 |
| House, as applicable,
that the purchase price, whether paid in | 23 |
| lump sum or installments, amounts
to less than would be charged | 24 |
| for renting or leasing the equipment over
its anticipated | 25 |
| useful life. All such equipment must be purchased through
the | 26 |
| Secretary of the Senate or the Clerk of the House, as |
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| applicable, for
proper identification and verification of | 2 |
| purchase.
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| Each member of the General Assembly is authorized to employ | 4 |
| one or more
legislative assistants, who shall be solely under | 5 |
| the direction and control
of that member, for the purpose of | 6 |
| assisting the member in the performance
of his or her official | 7 |
| duties. A legislative assistant may be employed
pursuant to | 8 |
| this Section as a full-time employee, part-time employee, or
| 9 |
| contractual employee, at
the discretion of the member. If | 10 |
| employed as a State employee, a
legislative assistant shall | 11 |
| receive employment benefits on the same terms
and conditions | 12 |
| that apply to other employees of the General Assembly.
Each | 13 |
| member shall adopt and implement personnel policies
for | 14 |
| legislative assistants under his or her direction and
control | 15 |
| relating to work time requirements, documentation for | 16 |
| reimbursement for
travel on official State business, | 17 |
| compensation, and the earning and accrual of
State benefits for | 18 |
| those legislative assistants who may be eligible to receive
| 19 |
| those benefits.
The policies shall also require legislative | 20 |
| assistants to
periodically submit time sheets documenting, in | 21 |
| quarter-hour increments, the
time
spent each day on official | 22 |
| State business.
The
policies shall require the time sheets to | 23 |
| be submitted on paper,
electronically, or both and to be | 24 |
| maintained in either paper or electronic
format by the | 25 |
| applicable fiscal office
for a period of at least 2 years.
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| Contractual employees may satisfy
the time sheets requirement |
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| by complying with the terms of their contract,
which shall | 2 |
| provide for a means of compliance with this requirement.
A | 3 |
| member may
satisfy the requirements of this paragraph by | 4 |
| adopting and implementing the
personnel policies promulgated | 5 |
| by that
member's legislative leader under the State Officials | 6 |
| and Employees Ethics
Act
with respect to that member's | 7 |
| legislative
assistants.
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| As used in this Section the term "personal services" shall | 9 |
| include
contributions of the State under the Federal Insurance | 10 |
| Contribution Act and
under Article 14 of the Illinois Pension | 11 |
| Code. As used in this Section the
term "contractual services" | 12 |
| shall not include improvements to real property
unless those | 13 |
| improvements are the obligation of the lessee under the lease
| 14 |
| agreement. Beginning July 1, 1989, as used in the Section, the | 15 |
| term "travel"
shall be limited to travel in connection with a | 16 |
| member's legislative duties and
not in connection with any | 17 |
| political campaign. Beginning on the effective
date of this | 18 |
| amendatory Act of the 93rd General Assembly, as
used
in this | 19 |
| Section, the term "printing" includes, but is not limited to,
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| newsletters,
brochures, certificates,
congratulatory
mailings,
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| greeting or welcome messages, anniversary or
birthday cards, | 22 |
| and congratulations for prominent achievement cards. As used
in | 23 |
| this Section, the term "printing" includes fees for | 24 |
| non-substantive
resolutions charged by the Clerk of the House | 25 |
| of Representatives under
subsection (c-5) of Section 1 of the | 26 |
| Legislative Materials Act.
No newsletter or brochure that is |
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| paid for, in whole or in part, with
funds
provided under this | 2 |
| Section may be printed or mailed during a period
beginning | 3 |
| April 30 December 15 of the year of preceding a general primary
| 4 |
| election and ending the day after the general primary election | 5 |
| and during a
period beginning September 1 of the year of a | 6 |
| general election and ending the
day after the general election, | 7 |
| except that such a newsletter or brochure may
be mailed during
| 8 |
| those times if it is mailed to a constituent in response to | 9 |
| that constituent's
inquiry concerning the needs of that | 10 |
| constituent or questions raised by that
constituent.
Nothing in
| 11 |
| this Section shall be construed to authorize expenditures for | 12 |
| lodging and meals
while a member is in attendance at sessions | 13 |
| of the General Assembly.
| 14 |
| Any utility bill for service provided to a member's | 15 |
| district office for
a period including portions of 2 | 16 |
| consecutive fiscal years may be paid from
funds appropriated | 17 |
| for such expenditure in either fiscal year.
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| If a vacancy occurs in the office of Senator or | 19 |
| Representative in the General
Assembly, any office equipment in | 20 |
| the possession of the vacating member
shall transfer to the | 21 |
| member's successor; if the successor does not want
such | 22 |
| equipment, it shall be transferred to the Secretary of the | 23 |
| Senate or
Clerk of the House of Representatives, as the case | 24 |
| may be, and if not
wanted by other members of the General | 25 |
| Assembly then to the Department of
Central Management Services | 26 |
| for treatment as surplus property under the
State Property |
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| Control Act. Each member, on or before June 30th of each
year, | 2 |
| shall conduct an inventory of all equipment purchased pursuant | 3 |
| to
this Act. Such inventory shall be filed with the Secretary | 4 |
| of the Senate
or the Clerk of the House, as the case may be. | 5 |
| Whenever a vacancy occurs,
the Secretary of the Senate or the | 6 |
| Clerk of the House, as the case may be,
shall conduct an | 7 |
| inventory of equipment purchased.
| 8 |
| In the event that a member leaves office during his or her | 9 |
| term, any
unexpended or unobligated portion of the allowance | 10 |
| granted under this Section
shall lapse. The vacating member's | 11 |
| successor shall be granted an allowance
in an amount, rounded | 12 |
| to the nearest dollar, computed by dividing the annual
| 13 |
| allowance by 365 and multiplying the quotient by the number of | 14 |
| days remaining
in the fiscal year.
| 15 |
| From any appropriation for the purposes of this Section for | 16 |
| a
fiscal year which overlaps 2 General Assemblies, no more than | 17 |
| 1/2 of the
annual allowance per member may be spent or | 18 |
| encumbered by any member of
either the outgoing or incoming | 19 |
| General Assembly, except that any member
of the incoming | 20 |
| General Assembly who was a member of the outgoing General
| 21 |
| Assembly may encumber or spend any portion of his annual | 22 |
| allowance within
the fiscal year.
| 23 |
| The appropriation for the annual allowances permitted by | 24 |
| this Section
shall be included in an appropriation to the | 25 |
| President of the Senate and to
the Speaker of the House of | 26 |
| Representatives for their respective members.
The President of |
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| the Senate and the Speaker of the House shall voucher for
| 2 |
| payment individual members' expenditures from their annual | 3 |
| office
allowances to the State Comptroller, subject to the | 4 |
| authority of the
Comptroller under Section 9 of the State | 5 |
| Comptroller Act.
| 6 |
| (Source: P.A. 95-6, eff. 6-20-07.)
| 7 |
| Section 15. The Legislative Commission Reorganization Act | 8 |
| of 1984 is amended by changing Section 9-2.5 as follows: | 9 |
| (25 ILCS 130/9-2.5)
| 10 |
| Sec. 9-2.5. Newsletters and brochures. The Legislative | 11 |
| Printing Unit may
not print for any member of the General | 12 |
| Assembly any newsletters or brochures
during the period | 13 |
| beginning April 30 December 15 of the
year of preceding a | 14 |
| general primary election and ending the day after the general | 15 |
| primary
election and during a period beginning September 1 of | 16 |
| the year of a general
election and ending the day after the | 17 |
| general election.
A member of the General Assembly may not | 18 |
| mail, during a period beginning
April 30 December 15 of the | 19 |
| year of preceding a general primary election and ending the day | 20 |
| after
the general primary election and during a period | 21 |
| beginning September 1 of the
year of a general election and | 22 |
| ending the day after the general election, any
newsletters or | 23 |
| brochures
that were printed, at any time, by the Legislative
| 24 |
| Printing Unit, except that such a newsletter or brochure may be |
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| mailed during
those times if it is mailed to a constituent in | 2 |
| response to that constituent's
inquiry concerning the needs of | 3 |
| that constituent or questions raised by that
constituent.
| 4 |
| (Source: P.A. 95-6, eff. 6-20-07.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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