Public Act 096-0886
 		





SB0355 Enrolled
LRB096 06386 JAM 16470 b






    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 
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.)

 
    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 
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 
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

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.


    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 
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 
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.)