HB1337 94TH GENERAL ASSEMBLY

LRB094 04973 JAM 35003 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1337

Introduced 02/09/05, by Rep. Larry McKeon

SYNOPSIS AS INTRODUCED:

10 ILCS 5/17-15	from Ch. 46, par. 17-15
30 ILCS 805/8.29 new

Amends the Election Code. Requires that an employer pay an employee during the leave the employer must give the employee to vote. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 Section 17-15 as follows:

(10 ILCS 5/17-15) (from Ch. 46, par. 17-15)

Sec. 17-15. Any person entitled to vote at a general or special election or at any election at which propositions are submitted to a popular vote in this State, shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or employed, for a period of 2 hours between the time of opening and closing the polls; and such voter shall not because of so absenting himself be liable to any penalty; Provided, however, that application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself as aforesaid. No person or corporation shall refuse to an employee the privilege hereby conferred, nor shall subject an employee to a penalty because of the exercise of such privilege, nor shall directly or indirectly violate the provisions of this section.

An employer shall pay an employee who absences himself or herself under this Section in the same amount and manner as if the employee were not absent. The regulation of an employee's paid leave in order to vote is an exclusive power and function of the State in accordance with subsection (h) of Section 6 of Article VII of the Illinois Constitution. A home rule unit may not regulate an employee's paid leave in order to vote.

(Source: Laws 1963, p. 2532.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.