97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1280

 

Introduced 02/08/11, by Rep. Kevin A. McCarthy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1.1  from Ch. 46, par. 2A-1.1
25 ILCS 115/4  from Ch. 63, par. 15.1
25 ILCS 130/9-2.5

    Amends the Election Code, the General Assembly Compensation Act, and the Legislative Commission Reorganization Act of 1984. Changes the general primary election from the third Tuesday in March of even-numbered years to the third Tuesday in September of even-numbered years. Makes conforming changes with respect to (i) filing of declarations of judicial retention, (ii) filing of campaign finance reports, and (iii) printing and mailing of legislators' newsletters and brochures. Effective immediately.


LRB097 07184 RLJ 47289 b

 

 

A BILL FOR

 

HB1280LRB097 07184 RLJ 47289 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
52A-1.1 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
9held on the first Tuesday after the first Monday of November;
10and an election to be known as the general primary election
11shall be held on the third Tuesday in September March;
12    (b) In odd-numbered years, an election to be known as the
13consolidated election shall be held on the first Tuesday in
14April except as provided in Section 2A-1.1a of this Act; and an
15election to be known as the consolidated primary election shall
16be held on the last Tuesday in February.
17(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
18    Section 10. The General Assembly Compensation Act is
19amended by changing Section 4 as follows:
 
20    (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
21    Sec. 4. Office allowance. Beginning July 1, 2001, each

 

 

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1member of the House of Representatives is authorized to approve
2the expenditure of not more than $61,000 per year and each
3member of the Senate is authorized to approve the expenditure
4of not more than $73,000 per year to pay for "personal
5services", "contractual services", "commodities", "printing",
6"travel", "operation of automotive equipment",
7"telecommunications services", as defined in the State Finance
8Act, and the compensation of one or more legislative assistants
9authorized pursuant to this Section, in connection with his or
10her legislative duties and not in connection with any political
11campaign. On July 1, 2002 and on July 1 of each year
12thereafter, the amount authorized per year under this Section
13for each member of the Senate and each member of the House of
14Representatives shall be increased by a percentage increase
15equivalent to the lesser of (i) the increase in the designated
16cost of living index or (ii) 5%. The designated cost of living
17index is the index known as the "Employment Cost Index, Wages
18and Salaries, By Occupation and Industry Groups: State and
19Local Government Workers: Public Administration" as published
20by the Bureau of Labor Statistics of the U.S. Department of
21Labor for the calendar year immediately preceding the year of
22the respective July 1st increase date. The increase shall be
23added to the then current amount, and the adjusted amount so
24determined shall be the annual amount beginning July 1 of the
25increase year until July 1 of the next year. No increase under
26this provision shall be less than zero.

 

 

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1    A member may purchase office equipment if the member
2certifies to the Secretary of the Senate or the Clerk of the
3House, as applicable, that the purchase price, whether paid in
4lump sum or installments, amounts to less than would be charged
5for renting or leasing the equipment over its anticipated
6useful life. All such equipment must be purchased through the
7Secretary of the Senate or the Clerk of the House, as
8applicable, for proper identification and verification of
9purchase.
10    Each member of the General Assembly is authorized to employ
11one or more legislative assistants, who shall be solely under
12the direction and control of that member, for the purpose of
13assisting the member in the performance of his or her official
14duties. A legislative assistant may be employed pursuant to
15this Section as a full-time employee, part-time employee, or
16contractual employee, at the discretion of the member. If
17employed as a State employee, a legislative assistant shall
18receive employment benefits on the same terms and conditions
19that apply to other employees of the General Assembly. Each
20member shall adopt and implement personnel policies for
21legislative assistants under his or her direction and control
22relating to work time requirements, documentation for
23reimbursement for travel on official State business,
24compensation, and the earning and accrual of State benefits for
25those legislative assistants who may be eligible to receive
26those benefits. The policies shall also require legislative

 

 

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1assistants to periodically submit time sheets documenting, in
2quarter-hour increments, the time spent each day on official
3State business. The policies shall require the time sheets to
4be submitted on paper, electronically, or both and to be
5maintained in either paper or electronic format by the
6applicable fiscal office for a period of at least 2 years.
7Contractual employees may satisfy the time sheets requirement
8by complying with the terms of their contract, which shall
9provide for a means of compliance with this requirement. A
10member may satisfy the requirements of this paragraph by
11adopting and implementing the personnel policies promulgated
12by that member's legislative leader under the State Officials
13and Employees Ethics Act with respect to that member's
14legislative assistants.
15    As used in this Section the term "personal services" shall
16include contributions of the State under the Federal Insurance
17Contribution Act and under Article 14 of the Illinois Pension
18Code. As used in this Section the term "contractual services"
19shall not include improvements to real property unless those
20improvements are the obligation of the lessee under the lease
21agreement. Beginning July 1, 1989, as used in the Section, the
22term "travel" shall be limited to travel in connection with a
23member's legislative duties and not in connection with any
24political campaign. Beginning on the effective date of this
25amendatory Act of the 93rd General Assembly, as used in this
26Section, the term "printing" includes, but is not limited to,

 

 

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1newsletters, brochures, certificates, congratulatory mailings,
2greeting or welcome messages, anniversary or birthday cards,
3and congratulations for prominent achievement cards. As used in
4this Section, the term "printing" includes fees for
5non-substantive resolutions charged by the Clerk of the House
6of Representatives under subsection (c-5) of Section 1 of the
7Legislative Materials Act. No newsletter or brochure that is
8paid for, in whole or in part, with funds provided under this
9Section may be printed or mailed during a period beginning
10August February 1 of the year of a general primary election and
11ending the day after the general primary election and during a
12period beginning September 1 of the year of a general election
13and ending the day after the general election, except that such
14a newsletter or brochure may be mailed during those times if it
15is mailed to a constituent in response to that constituent's
16inquiry concerning the needs of that constituent or questions
17raised by that constituent. Nothing in this Section shall be
18construed to authorize expenditures for lodging and meals while
19a member is in attendance at sessions of the General Assembly.
20    Any utility bill for service provided to a member's
21district office for a period including portions of 2
22consecutive fiscal years may be paid from funds appropriated
23for such expenditure in either fiscal year.
24    If a vacancy occurs in the office of Senator or
25Representative in the General Assembly, any office equipment in
26the possession of the vacating member shall transfer to the

 

 

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1member's successor; if the successor does not want such
2equipment, it shall be transferred to the Secretary of the
3Senate or Clerk of the House of Representatives, as the case
4may be, and if not wanted by other members of the General
5Assembly then to the Department of Central Management Services
6for treatment as surplus property under the State Property
7Control Act. Each member, on or before June 30th of each year,
8shall conduct an inventory of all equipment purchased pursuant
9to this Act. Such inventory shall be filed with the Secretary
10of the Senate or the Clerk of the House, as the case may be.
11Whenever a vacancy occurs, the Secretary of the Senate or the
12Clerk of the House, as the case may be, shall conduct an
13inventory of equipment purchased.
14    In the event that a member leaves office during his or her
15term, any unexpended or unobligated portion of the allowance
16granted under this Section shall lapse. The vacating member's
17successor shall be granted an allowance in an amount, rounded
18to the nearest dollar, computed by dividing the annual
19allowance by 365 and multiplying the quotient by the number of
20days remaining in the fiscal year.
21    From any appropriation for the purposes of this Section for
22a fiscal year which overlaps 2 General Assemblies, no more than
231/2 of the annual allowance per member may be spent or
24encumbered by any member of either the outgoing or incoming
25General Assembly, except that any member of the incoming
26General Assembly who was a member of the outgoing General

 

 

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1Assembly may encumber or spend any portion of his annual
2allowance within the fiscal year.
3    The appropriation for the annual allowances permitted by
4this Section shall be included in an appropriation to the
5President of the Senate and to the Speaker of the House of
6Representatives for their respective members. The President of
7the Senate and the Speaker of the House shall voucher for
8payment individual members' expenditures from their annual
9office allowances to the State Comptroller, subject to the
10authority of the Comptroller under Section 9 of the State
11Comptroller Act.
12    Nothing in this Section prohibits the expenditure of
13personal funds or the funds of a political committee controlled
14by an officeholder to defray the customary and reasonable
15expenses of an officeholder in connection with the performance
16of governmental and public service functions.
17(Source: P.A. 95-6, eff. 6-20-07; 96-555, eff. 8-18-09; 96-886,
18eff. 1-1-11.)
 
19    Section 15. The Legislative Commission Reorganization Act
20of 1984 is amended by changing Section 9-2.5 as follows:
 
21    (25 ILCS 130/9-2.5)
22    Sec. 9-2.5. Newsletters and brochures. The Legislative
23Printing Unit may not print for any member of the General
24Assembly any newsletters or brochures during the period

 

 

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1beginning August February 1 of the year of a general primary
2election and ending the day after the general primary election
3and during a period beginning September 1 of the year of a
4general election and ending the day after the general election.
5A member of the General Assembly may not mail, during a period
6beginning August February 1 of the year of a general primary
7election and ending the day after the general primary election
8and during a period beginning September 1 of the year of a
9general election and ending the day after the general election,
10any newsletters or brochures that were printed, at any time, by
11the Legislative Printing Unit, except that such a newsletter or
12brochure may be mailed during those times if it is mailed to a
13constituent in response to that constituent's inquiry
14concerning the needs of that constituent or questions raised by
15that constituent.
16(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.