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90_HB1393
SEE INDEX
Amends and repeals various Acts and Sections of Acts to
revise statutes held unconstitutional by the U.S. Supreme
Court, the Illinois Supreme Court, the U.S. Court of Appeals,
Seventh Circuit, and federal district courts in Illinois.
LRB9001889OBpk
LRB9001889OBpk
1 AN ACT to revise the law with respect to statutes that
2 the courts have held unconstitutional.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Sections 3, 5, and 6 to exclude the
7 Illinois Supreme Court and its employees from the Act in
8 response to the Illinois Supreme Court decision in
9 Administrative Office of the Illinois Courts v. State and
10 Municipal Teamsters, Chauffeurs and Helpers Union, Local 726,
11 International Brotherhood of Teamsters, AFL-CIO, 167 Ill. 2d
12 180 (1995), which decision held that inclusion of the
13 Illinois Supreme Court and its employees in this Act violates
14 the separation of powers doctrine, the amended Sections to
15 read as follows:
16 (5 ILCS 315/3) (from Ch. 48, par. 1603)
17 (Text of Section before amendment by P.A. 89-685)
18 Sec. 3. Definitions. As used in this Act, unless the
19 context otherwise requires:
20 (a) "Board" or "Governing Board" means either the
21 Illinois State Labor Relations Board or the Illinois Local
22 Labor Relations Board.
23 (b) "Collective bargaining" means bargaining over terms
24 and conditions of employment, including hours, wages, and
25 other conditions of employment, as detailed in Section 7 and
26 which are not excluded by Section 4.
27 (c) "Confidential employee" means an employee who, in
28 the regular course of his or her duties, assists and acts in
29 a confidential capacity to persons who formulate, determine,
30 and effectuate management policies with regard to labor
31 relations or who, in the regular course of his or her duties,
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1 has authorized access to information relating to the
2 effectuation or review of the employer's collective
3 bargaining policies.
4 (d) "Craft employees" means skilled journeymen, crafts
5 persons, and their apprentices and helpers.
6 (e) "Essential services employees" means those public
7 employees performing functions so essential that the
8 interruption or termination of the function will constitute a
9 clear and present danger to the health and safety of the
10 persons in the affected community.
11 (f) "Exclusive representative", except with respect to
12 non-State fire fighters and paramedics employed by fire
13 departments and fire protection districts, non-State peace
14 officers, and peace officers in the Department of State
15 Police, means the labor organization that has been (i)
16 designated by the Board as the representative of a majority
17 of public employees in an appropriate bargaining unit in
18 accordance with the procedures contained in this Act, (ii)
19 historically recognized by the State of Illinois or any
20 political subdivision of the State before July 1, 1984 (the
21 effective date of this Act) as the exclusive representative
22 of the employees in an appropriate bargaining unit, or (iii)
23 after July 1, 1984 (the effective date of this Act)
24 recognized by an employer upon evidence, acceptable to the
25 Board, that the labor organization has been designated as the
26 exclusive representative by a majority of the employees in an
27 appropriate bargaining unit.
28 With respect to non-State fire fighters and paramedics
29 employed by fire departments and fire protection districts,
30 non-State peace officers, and peace officers in the
31 Department of State Police, "exclusive representative" means
32 the labor organization that has been (i) designated by the
33 Board as the representative of a majority of peace officers
34 or fire fighters in an appropriate bargaining unit in
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1 accordance with the procedures contained in this Act, (ii)
2 historically recognized by the State of Illinois or any
3 political subdivision of the State before January 1, 1986
4 (the effective date of this amendatory Act of 1985) as the
5 exclusive representative by a majority of the peace officers
6 or fire fighters in an appropriate bargaining unit, or (iii)
7 after January 1, 1986 (the effective date of this amendatory
8 Act of 1985) recognized by an employer upon evidence,
9 acceptable to the Board, that the labor organization has been
10 designated as the exclusive representative by a majority of
11 the peace officers or fire fighters in an appropriate
12 bargaining unit.
13 (g) "Fair share agreement" means an agreement between
14 the employer and an employee organization under which all or
15 any of the employees in a collective bargaining unit are
16 required to pay their proportionate share of the costs of the
17 collective bargaining process, contract administration, and
18 pursuing matters affecting wages, hours, and other conditions
19 of employment, but not to exceed the amount of dues uniformly
20 required of members. The amount certified by the exclusive
21 representative shall not include any fees for contributions
22 related to the election or support of any candidate for
23 political office. Nothing in this subsection (g) shall
24 preclude an employee from making voluntary political
25 contributions in conjunction with his or her fair share
26 payment.
27 (g-1) "Fire fighter" means, for the purposes of this Act
28 only, any person who has been or is hereafter appointed to a
29 fire department or fire protection district or employed by a
30 state university and sworn or commissioned to perform fire
31 fighter duties or paramedic duties, except that the following
32 persons are not included: part-time fire fighters, auxiliary,
33 reserve or voluntary fire fighters, including paid on-call
34 fire fighters, clerks and dispatchers or other civilian
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1 employees of a fire department or fire protection district
2 who are not routinely expected to perform fire fighter
3 duties, or elected officials.
4 (g-2) "General Assembly of the State of Illinois" means
5 the legislative branch of the government of the State of
6 Illinois, as provided for under Article IV of the
7 Constitution of the State of Illinois, and includes but is
8 not limited to the House of Representatives, the Senate, the
9 Speaker of the House of Representatives, the Minority Leader
10 of the House of Representatives, the President of the Senate,
11 the Minority Leader of the Senate, the Joint Committee on
12 Legislative Support Services and any legislative support
13 services agency listed in the Legislative Commission
14 Reorganization Act of 1984.
15 (h) "Governing body" means, in the case of the State,
16 the State Labor Relations Board, the Director of the
17 Department of Central Management Services, and the Director
18 of the Department of Labor; the county board in the case of a
19 county; the corporate authorities in the case of a
20 municipality; and the appropriate body authorized to provide
21 for expenditures of its funds in the case of any other unit
22 of government.
23 (i) "Labor organization" means any organization in which
24 public employees participate and that exists for the purpose,
25 in whole or in part, of dealing with a public employer
26 concerning wages, hours, and other terms and conditions of
27 employment, including the settlement of grievances.
28 (j) "Managerial employee" means an individual who is
29 engaged predominantly in executive and management functions
30 and is charged with the responsibility of directing the
31 effectuation of management policies and practices.
32 (k) "Peace officer" means, for the purposes of this Act
33 only, any persons who have been or are hereafter appointed to
34 a police force, department, or agency and sworn or
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1 commissioned to perform police duties, except that the
2 following persons are not included: part-time police
3 officers, special police officers, auxiliary police as
4 defined by Section 3.1-30-20 of the Illinois Municipal Code,
5 night watchmen, "merchant police", temporary employees,
6 traffic guards or wardens, civilian parking meter and parking
7 facilities personnel or other individuals specially appointed
8 to aid or direct traffic at or near schools or public
9 functions or to aid in civil defense or disaster, parking
10 enforcement employees who are not commissioned as peace
11 officers and who are not armed and who are not routinely
12 expected to effect arrests, parking lot attendants, clerks
13 and dispatchers or other civilian employees of a police
14 department who are not routinely expected to effect arrests,
15 or elected officials.
16 (l) "Person" includes one or more individuals, labor
17 organizations, public employees, associations, corporations,
18 legal representatives, trustees, trustees in bankruptcy,
19 receivers, or the State of Illinois or any political
20 subdivision of the State or governing body, but does not
21 include the General Assembly of the State of Illinois or any
22 individual employed by the General Assembly of the State of
23 Illinois.
24 (m) "Professional employee" means any employee engaged
25 in work predominantly intellectual and varied in character
26 rather than routine mental, manual, mechanical or physical
27 work; involving the consistent exercise of discretion and
28 adjustment in its performance; of such a character that the
29 output produced or the result accomplished cannot be
30 standardized in relation to a given period of time; and
31 requiring advanced knowledge in a field of science or
32 learning customarily acquired by a prolonged course of
33 specialized intellectual instruction and study in an
34 institution of higher learning or a hospital, as
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1 distinguished from a general academic education or from
2 apprenticeship or from training in the performance of routine
3 mental, manual, or physical processes; or any employee who
4 has completed the courses of specialized intellectual
5 instruction and study prescribed in this subsection (m) and
6 is performing related work under the supervision of a
7 professional person to qualify to become a professional
8 employee as defined in this subsection (m).
9 (n) "Public employee" or "employee", for the purposes of
10 this Act, means any individual employed by a public employer,
11 including interns and residents at public hospitals, but
12 excluding all of the following: employees of the General
13 Assembly of the State of Illinois; elected officials;
14 executive heads of a department; members of boards or
15 commissions; employees of any agency, board or commission
16 created by this Act; employees appointed to State positions
17 of a temporary or emergency nature; all employees of school
18 districts and higher education institutions except
19 firefighters and peace officers employed by a state
20 university; managerial employees; short-term employees;
21 confidential employees; independent contractors; and
22 supervisors except as provided in this Act.
23 Notwithstanding Section 9, subsection (c), or any other
24 provisions of this Act, all peace officers above the rank of
25 captain in municipalities with more than 1,000,000
26 inhabitants shall be excluded from this Act.
27 (o) "Public employer" or "employer" means the State of
28 Illinois; any political subdivision of the State, unit of
29 local government or school district; authorities including
30 departments, divisions, bureaus, boards, commissions, or
31 other agencies of the foregoing entities; and any person
32 acting within the scope of his or her authority, express or
33 implied, on behalf of those entities in dealing with its
34 employees. "Public employer" or "employer" as used in this
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1 Act, however, does not mean and shall not include the General
2 Assembly of the State of Illinois and educational employers
3 or employers as defined in the Illinois Educational Labor
4 Relations Act, except with respect to a state university in
5 its employment of firefighters and peace officers. County
6 boards and county sheriffs shall be designated as joint or
7 co-employers of county peace officers appointed under the
8 authority of a county sheriff. Nothing in this subsection
9 (o) shall be construed to prevent the State Board or the
10 Local Board from determining that employers are joint or
11 co-employers.
12 (p) "Security employee" means an employee who is
13 responsible for the supervision and control of inmates at
14 correctional facilities. The term also includes other
15 non-security employees in bargaining units having the
16 majority of employees being responsible for the supervision
17 and control of inmates at correctional facilities.
18 (q) "Short-term employee" means an employee who is
19 employed for less that 2 consecutive calendar quarters during
20 a calendar year and who does not have a reasonable assurance
21 that he or she will be rehired by the same employer for the
22 same service in a subsequent calendar year.
23 (r) "Supervisor" is an employee whose principal work is
24 substantially different from that of his or her subordinates
25 and who has authority, in the interest of the employer, to
26 hire, transfer, suspend, lay off, recall, promote, discharge,
27 direct, reward, or discipline employees, to adjust their
28 grievances, or to effectively recommend any of those actions,
29 if the exercise of that authority is not of a merely routine
30 or clerical nature, but requires the consistent use of
31 independent judgment. Except with respect to police
32 employment, the term "supervisor" includes only those
33 individuals who devote a preponderance of their employment
34 time to exercising that authority, State supervisors
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1 notwithstanding. In addition, in determining supervisory
2 status in police employment, rank shall not be determinative.
3 The Board shall consider, as evidence of bargaining unit
4 inclusion or exclusion, the common law enforcement policies
5 and relationships between police officer ranks and
6 certification under applicable civil service law, ordinances,
7 personnel codes, or Division 2.1 of Article 10 of the
8 Illinois Municipal Code, but these factors shall not be the
9 sole or predominant factors considered by the Board in
10 determining police supervisory status.
11 Notwithstanding the provisions of the preceding
12 paragraph, in determining supervisory status in fire fighter
13 employment, no fire fighter shall be excluded as a supervisor
14 who has established representation rights under Section 9 of
15 this Act. Further, in new fire fighter units, employees
16 shall consist of fire fighters of the rank of company officer
17 and below. If a company officer otherwise qualifies as a
18 supervisor under the preceding paragraph, however, he or she
19 shall not be included in the fire fighter unit. If there is
20 no rank between that of chief and the highest company
21 officer, the employer may designate a position on each shift
22 as a Shift Commander, and the persons occupying those
23 positions shall be supervisors. All other ranks above that
24 of company officer shall be supervisors.
25 (s) (1) "Unit" means a class of jobs or positions that
26 are held by employees whose collective interests may suitably
27 be represented by a labor organization for collective
28 bargaining. Except with respect to non-State fire fighters
29 and paramedics employed by fire departments and fire
30 protection districts, non-State peace officers, and peace
31 officers in the Department of State Police, a bargaining unit
32 determined by the Board shall not include both employees and
33 supervisors, or supervisors only, except as provided in
34 paragraph (2) of this subsection (s) and except for
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1 bargaining units in existence on July 1, 1984 (the effective
2 date of this Act). With respect to non-State fire fighters
3 and paramedics employed by fire departments and fire
4 protection districts, non-State peace officers, and peace
5 officers in the Department of State Police, a bargaining unit
6 determined by the Board shall not include both supervisors
7 and nonsupervisors, or supervisors only, except as provided
8 in paragraph (2) of this subsection (s) and except for
9 bargaining units in existence on January 1, 1986 (the
10 effective date of this amendatory Act of 1985). A bargaining
11 unit determined by the Board to contain peace officers shall
12 contain no employees other than peace officers unless
13 otherwise agreed to by the employer and the labor
14 organization or labor organizations involved.
15 Notwithstanding any other provision of this Act, a bargaining
16 unit, including a historical bargaining unit, containing
17 sworn peace officers of the Department of Natural Resources
18 (formerly designated the Department of Conservation) shall
19 contain no employees other than such sworn peace officers
20 upon the effective date of this amendatory Act of 1990 or
21 upon the expiration date of any collective bargaining
22 agreement in effect upon the effective date of this
23 amendatory Act of 1990 covering both such sworn peace
24 officers and other employees.
25 (2) Notwithstanding the exclusion of supervisors from
26 bargaining units as provided in paragraph (1) of this
27 subsection (s), a public employer may agree to permit its
28 supervisory employees to form bargaining units and may
29 bargain with those units. This Act shall apply if the public
30 employer chooses to bargain under this subsection.
31 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
32 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
33 (Text of Section after amendment by P.A. 89-685)
34 Sec. 3. Definitions. As used in this Act, unless the
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1 context otherwise requires:
2 (a) "Board" or "Governing Board" means either the
3 Illinois State Labor Relations Board or the Illinois Local
4 Labor Relations Board.
5 (b) "Collective bargaining" means bargaining over terms
6 and conditions of employment, including hours, wages, and
7 other conditions of employment, as detailed in Section 7 and
8 which are not excluded by Section 4.
9 (c) "Confidential employee" means an employee who, in
10 the regular course of his or her duties, assists and acts in
11 a confidential capacity to persons who formulate, determine,
12 and effectuate management policies with regard to labor
13 relations or who, in the regular course of his or her duties,
14 has authorized access to information relating to the
15 effectuation or review of the employer's collective
16 bargaining policies.
17 (d) "Craft employees" means skilled journeymen, crafts
18 persons, and their apprentices and helpers.
19 (e) "Essential services employees" means those public
20 employees performing functions so essential that the
21 interruption or termination of the function will constitute a
22 clear and present danger to the health and safety of the
23 persons in the affected community.
24 (f) "Exclusive representative", except with respect to
25 non-State fire fighters and paramedics employed by fire
26 departments and fire protection districts, non-State peace
27 officers, and peace officers in the Department of State
28 Police, means the labor organization that has been (i)
29 designated by the Board as the representative of a majority
30 of public employees in an appropriate bargaining unit in
31 accordance with the procedures contained in this Act, (ii)
32 historically recognized by the State of Illinois or any
33 political subdivision of the State before July 1, 1984 (the
34 effective date of this Act) as the exclusive representative
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1 of the employees in an appropriate bargaining unit, or (iii)
2 after July 1, 1984 (the effective date of this Act)
3 recognized by an employer upon evidence, acceptable to the
4 Board, that the labor organization has been designated as the
5 exclusive representative by a majority of the employees in an
6 appropriate bargaining unit.
7 With respect to non-State fire fighters and paramedics
8 employed by fire departments and fire protection districts,
9 non-State peace officers, and peace officers in the
10 Department of State Police, "exclusive representative" means
11 the labor organization that has been (i) designated by the
12 Board as the representative of a majority of peace officers
13 or fire fighters in an appropriate bargaining unit in
14 accordance with the procedures contained in this Act, (ii)
15 historically recognized by the State of Illinois or any
16 political subdivision of the State before January 1, 1986
17 (the effective date of this amendatory Act of 1985) as the
18 exclusive representative by a majority of the peace officers
19 or fire fighters in an appropriate bargaining unit, or (iii)
20 after January 1, 1986 (the effective date of this amendatory
21 Act of 1985) recognized by an employer upon evidence,
22 acceptable to the Board, that the labor organization has been
23 designated as the exclusive representative by a majority of
24 the peace officers or fire fighters in an appropriate
25 bargaining unit.
26 (g) "Fair share agreement" means an agreement between
27 the employer and an employee organization under which all or
28 any of the employees in a collective bargaining unit are
29 required to pay their proportionate share of the costs of the
30 collective bargaining process, contract administration, and
31 pursuing matters affecting wages, hours, and other conditions
32 of employment, but not to exceed the amount of dues uniformly
33 required of members. The amount certified by the exclusive
34 representative shall not include any fees for contributions
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1 related to the election or support of any candidate for
2 political office. Nothing in this subsection (g) shall
3 preclude an employee from making voluntary political
4 contributions in conjunction with his or her fair share
5 payment.
6 (g-1) "Fire fighter" means, for the purposes of this Act
7 only, any person who has been or is hereafter appointed to a
8 fire department or fire protection district or employed by a
9 state university and sworn or commissioned to perform fire
10 fighter duties or paramedic duties, except that the following
11 persons are not included: part-time fire fighters, auxiliary,
12 reserve or voluntary fire fighters, including paid on-call
13 fire fighters, clerks and dispatchers or other civilian
14 employees of a fire department or fire protection district
15 who are not routinely expected to perform fire fighter
16 duties, or elected officials.
17 (g-2) "General Assembly of the State of Illinois" means
18 the legislative branch of the government of the State of
19 Illinois, as provided for under Article IV of the
20 Constitution of the State of Illinois, and includes but is
21 not limited to the House of Representatives, the Senate, the
22 Speaker of the House of Representatives, the Minority Leader
23 of the House of Representatives, the President of the Senate,
24 the Minority Leader of the Senate, the Joint Committee on
25 Legislative Support Services and any legislative support
26 services agency listed in the Legislative Commission
27 Reorganization Act of 1984.
28 (h) "Governing body" means, in the case of the State,
29 the State Labor Relations Board, the Director of the
30 Department of Central Management Services, and the Director
31 of the Department of Labor; the county board in the case of a
32 county; the corporate authorities in the case of a
33 municipality; and the appropriate body authorized to provide
34 for expenditures of its funds in the case of any other unit
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1 of government.
2 (i) "Labor organization" means any organization in which
3 public employees participate and that exists for the purpose,
4 in whole or in part, of dealing with a public employer
5 concerning wages, hours, and other terms and conditions of
6 employment, including the settlement of grievances.
7 (j) "Managerial employee" means an individual who is
8 engaged predominantly in executive and management functions
9 and is charged with the responsibility of directing the
10 effectuation of management policies and practices.
11 (k) "Peace officer" means, for the purposes of this Act
12 only, any persons who have been or are hereafter appointed to
13 a police force, department, or agency and sworn or
14 commissioned to perform police duties, except that the
15 following persons are not included: part-time police
16 officers, special police officers, auxiliary police as
17 defined by Section 3.1-30-20 of the Illinois Municipal Code,
18 night watchmen, "merchant police", court security officers as
19 defined by Section 3-6012.1 of the Counties Code, temporary
20 employees, traffic guards or wardens, civilian parking meter
21 and parking facilities personnel or other individuals
22 specially appointed to aid or direct traffic at or near
23 schools or public functions or to aid in civil defense or
24 disaster, parking enforcement employees who are not
25 commissioned as peace officers and who are not armed and who
26 are not routinely expected to effect arrests, parking lot
27 attendants, clerks and dispatchers or other civilian
28 employees of a police department who are not routinely
29 expected to effect arrests, or elected officials.
30 (l) "Person" includes one or more individuals, labor
31 organizations, public employees, associations, corporations,
32 legal representatives, trustees, trustees in bankruptcy,
33 receivers, or the State of Illinois or any political
34 subdivision of the State or governing body, but does not
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1 include the General Assembly of the State of Illinois or any
2 individual employed by the General Assembly of the State of
3 Illinois or the Illinois Supreme Court or any individual
4 employed by the Illinois Supreme Court.
5 (m) "Professional employee" means any employee engaged
6 in work predominantly intellectual and varied in character
7 rather than routine mental, manual, mechanical or physical
8 work; involving the consistent exercise of discretion and
9 adjustment in its performance; of such a character that the
10 output produced or the result accomplished cannot be
11 standardized in relation to a given period of time; and
12 requiring advanced knowledge in a field of science or
13 learning customarily acquired by a prolonged course of
14 specialized intellectual instruction and study in an
15 institution of higher learning or a hospital, as
16 distinguished from a general academic education or from
17 apprenticeship or from training in the performance of routine
18 mental, manual, or physical processes; or any employee who
19 has completed the courses of specialized intellectual
20 instruction and study prescribed in this subsection (m) and
21 is performing related work under the supervision of a
22 professional person to qualify to become a professional
23 employee as defined in this subsection (m).
24 (n) "Public employee" or "employee", for the purposes of
25 this Act, means any individual employed by a public employer,
26 including interns and residents at public hospitals, but
27 excluding all of the following: employees of the General
28 Assembly of the State of Illinois; employees of the Illinois
29 Supreme Court; elected officials; executive heads of a
30 department; members of boards or commissions; employees of
31 any agency, board or commission created by this Act;
32 employees appointed to State positions of a temporary or
33 emergency nature; all employees of school districts and
34 higher education institutions except firefighters and peace
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1 officers employed by a state university; managerial
2 employees; short-term employees; confidential employees;
3 independent contractors; and supervisors except as provided
4 in this Act.
5 Notwithstanding Section 9, subsection (c), or any other
6 provisions of this Act, all peace officers above the rank of
7 captain in municipalities with more than 1,000,000
8 inhabitants shall be excluded from this Act.
9 (o) "Public employer" or "employer" means the State of
10 Illinois; any political subdivision of the State, unit of
11 local government or school district; authorities including
12 departments, divisions, bureaus, boards, commissions, or
13 other agencies of the foregoing entities; and any person
14 acting within the scope of his or her authority, express or
15 implied, on behalf of those entities in dealing with its
16 employees. "Public employer" or "employer" as used in this
17 Act, however, does not mean and shall not include the General
18 Assembly of the State of Illinois, the Illinois Supreme
19 Court, and educational employers or employers as defined in
20 the Illinois Educational Labor Relations Act, except with
21 respect to a state university in its employment of
22 firefighters and peace officers. County boards and county
23 sheriffs shall be designated as joint or co-employers of
24 county peace officers appointed under the authority of a
25 county sheriff. Nothing in this subsection (o) shall be
26 construed to prevent the State Board or the Local Board from
27 determining that employers are joint or co-employers.
28 (p) "Security employee" means an employee who is
29 responsible for the supervision and control of inmates at
30 correctional facilities. The term also includes other
31 non-security employees in bargaining units having the
32 majority of employees being responsible for the supervision
33 and control of inmates at correctional facilities.
34 (q) "Short-term employee" means an employee who is
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1 employed for less that 2 consecutive calendar quarters during
2 a calendar year and who does not have a reasonable assurance
3 that he or she will be rehired by the same employer for the
4 same service in a subsequent calendar year.
5 (r) "Supervisor" is an employee whose principal work is
6 substantially different from that of his or her subordinates
7 and who has authority, in the interest of the employer, to
8 hire, transfer, suspend, lay off, recall, promote, discharge,
9 direct, reward, or discipline employees, to adjust their
10 grievances, or to effectively recommend any of those actions,
11 if the exercise of that authority is not of a merely routine
12 or clerical nature, but requires the consistent use of
13 independent judgment. Except with respect to police
14 employment, the term "supervisor" includes only those
15 individuals who devote a preponderance of their employment
16 time to exercising that authority, State supervisors
17 notwithstanding. In addition, in determining supervisory
18 status in police employment, rank shall not be determinative.
19 The Board shall consider, as evidence of bargaining unit
20 inclusion or exclusion, the common law enforcement policies
21 and relationships between police officer ranks and
22 certification under applicable civil service law, ordinances,
23 personnel codes, or Division 2.1 of Article 10 of the
24 Illinois Municipal Code, but these factors shall not be the
25 sole or predominant factors considered by the Board in
26 determining police supervisory status.
27 Notwithstanding the provisions of the preceding
28 paragraph, in determining supervisory status in fire fighter
29 employment, no fire fighter shall be excluded as a supervisor
30 who has established representation rights under Section 9 of
31 this Act. Further, in new fire fighter units, employees
32 shall consist of fire fighters of the rank of company officer
33 and below. If a company officer otherwise qualifies as a
34 supervisor under the preceding paragraph, however, he or she
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1 shall not be included in the fire fighter unit. If there is
2 no rank between that of chief and the highest company
3 officer, the employer may designate a position on each shift
4 as a Shift Commander, and the persons occupying those
5 positions shall be supervisors. All other ranks above that
6 of company officer shall be supervisors.
7 (s) (1) "Unit" means a class of jobs or positions that
8 are held by employees whose collective interests may suitably
9 be represented by a labor organization for collective
10 bargaining. Except with respect to non-State fire fighters
11 and paramedics employed by fire departments and fire
12 protection districts, non-State peace officers, and peace
13 officers in the Department of State Police, a bargaining unit
14 determined by the Board shall not include both employees and
15 supervisors, or supervisors only, except as provided in
16 paragraph (2) of this subsection (s) and except for
17 bargaining units in existence on July 1, 1984 (the effective
18 date of this Act). With respect to non-State fire fighters
19 and paramedics employed by fire departments and fire
20 protection districts, non-State peace officers, and peace
21 officers in the Department of State Police, a bargaining unit
22 determined by the Board shall not include both supervisors
23 and nonsupervisors, or supervisors only, except as provided
24 in paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on January 1, 1986 (the
26 effective date of this amendatory Act of 1985). A bargaining
27 unit determined by the Board to contain peace officers shall
28 contain no employees other than peace officers unless
29 otherwise agreed to by the employer and the labor
30 organization or labor organizations involved.
31 Notwithstanding any other provision of this Act, a bargaining
32 unit, including a historical bargaining unit, containing
33 sworn peace officers of the Department of Natural Resources
34 (formerly designated the Department of Conservation) shall
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1 contain no employees other than such sworn peace officers
2 upon the effective date of this amendatory Act of 1990 or
3 upon the expiration date of any collective bargaining
4 agreement in effect upon the effective date of this
5 amendatory Act of 1990 covering both such sworn peace
6 officers and other employees.
7 (2) Notwithstanding the exclusion of supervisors from
8 bargaining units as provided in paragraph (1) of this
9 subsection (s), a public employer may agree to permit its
10 supervisory employees to form bargaining units and may
11 bargain with those units. This Act shall apply if the public
12 employer chooses to bargain under this subsection.
13 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
14 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
15 6-1-97; revised 1-14-97.)
16 (5 ILCS 315/5) (from Ch. 48, par. 1605)
17 Sec. 5. Illinois Labor Relations Boards. (a) There is
18 created the Illinois State Labor Relations Board ("State
19 Board") which shall have jurisdiction over collective
20 bargaining matters between employee organizations and the
21 State of Illinois, excluding the General Assembly of the
22 State of Illinois and the Illinois Supreme Court, between
23 employee organizations and units of local government and
24 school districts with a population not in excess of 1 million
25 persons, and between employee organizations and the Regional
26 Transportation Authority. The State Board shall consist of 3
27 members appointed by the Governor, with the advice and
28 consent of the Senate. The Governor shall appoint to the
29 State Board only persons who have had a minimum of 5 years of
30 experience directly related to labor and employment relations
31 in representing public employers, private employers or labor
32 organizations; or teaching labor or employment relations; or
33 administering executive orders or regulations applicable to
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1 labor or employment relations. At the time of his or her
2 appointment, each member of the State Board shall be an
3 Illinois resident. The Governor shall designate one member
4 to serve as the Chairman of the State Board. The Chairman
5 shall initially be appointed for a term of two years. The
6 second member shall serve for a term of 3 years, and the
7 third member shall serve a term of 4 years. Each subsequent
8 member shall be appointed for a term of 4 years. Upon
9 expiration of the term of office of any appointive member,
10 that member shall continue to serve until a successor shall
11 be appointed and qualified. In case of a vacancy, a
12 successor shall be appointed to serve for the unexpired
13 portion of the term. The terms of members shall commence on
14 the 4th Monday in January of the year they are appointed
15 except that if the Senate is not in session at the time the
16 initial appointments are made, the Governor shall make
17 temporary appointments in the same manner successors are
18 appointed to fill vacancies. A temporary appointment shall
19 remain in effect no longer than 20 calendar days after the
20 commencement of the next Senate session.
21 (b) There is created the Illinois Local Labor Relations
22 Board ("Local Board") which shall have jurisdiction over
23 collective bargaining agreement matters between employee
24 organizations and units of local government with a population
25 in excess of 1 million persons, but excluding the Regional
26 Transportation Authority. The Local Board shall consist of
27 the Chairman of the State Board and two additional members,
28 one appointed by the Mayor of the City of Chicago and one
29 appointed by the President of the Cook County Board of
30 Commissioners. Appointees to the Local Board must have had a
31 minimum of 5 years of experience directly related to labor
32 and employment relations in representing public employers,
33 private employers or labor organizations; or teaching labor
34 or employment relations; or administering executive orders or
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1 regulations applicable to labor or employment relations. Each
2 member of the Local Board shall be an Illinois resident at
3 the time of his or her appointment. The Chairman of the
4 State Board shall serve as the Chairman of the Local Board.
5 The member initially appointed by the President of the Cook
6 County Board shall serve for a term of 3 years and the member
7 appointed by the Mayor of the City of Chicago shall serve for
8 a term of 4 years. Each subsequent member shall be appointed
9 for a term of 4 years. Upon expiration of the term of office
10 of any appointive member, the member shall continue to serve
11 until a successor shall be appointed and qualified. In the
12 case of a vacancy, a successor shall be appointed by the
13 applicable appointive authority to serve for the unexpired
14 portion of the term. The terms of members shall commence on
15 the 4th Monday in January of the year they are appointed.
16 (c) Two members of each governing board shall at all
17 times constitute a quorum. A vacancy on a governing board
18 does not impair the right of the 2 remaining members to
19 exercise all of the powers of that board. Each governing
20 board shall adopt an official seal which shall be judicially
21 noticed. The salary of the Chairman shall be $50,000 per
22 year, or as set by the Compensation Review Board, whichever
23 is greater, and that of the other members of the State Board
24 and the Local Board shall be $45,000 per year, or as set by
25 the Compensation Review Board, whichever is greater.
26 (d) No member shall hold any other public office or be
27 employed as a labor or management representative by the State
28 or any political subdivision of the State or of any
29 department or agency thereof, or actively represent or act on
30 behalf of an employer or an employee organization or an
31 employer in labor relations matters. Any member of the State
32 Board may be removed from office by the Governor for
33 inefficiency, neglect of duty, misconduct or malfeasance in
34 office, and for no other cause, and only upon notice and
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1 hearing. Any member of the Local Board may be removed from
2 office by the applicable appointive authority for
3 inefficiency, neglect of duty, misconduct or malfeasance in
4 office, and for no other cause, and only upon notice and
5 hearing.
6 (e) Each governing board at the end of every State
7 fiscal year shall make a report in writing to the Governor
8 and the General Assembly, stating in detail the work it has
9 done in hearing and deciding cases and otherwise.
10 (f) In order to accomplish the objectives and carry out
11 the duties prescribed by this Act, the governing boards or
12 their authorized designees may hold elections to determine
13 whether a labor organization has majority status; investigate
14 and attempt to resolve or settle charges of unfair labor
15 practices; hold hearings in order to carry out its functions;
16 develop and effectuate appropriate impasse resolution
17 procedures for purposes of resolving labor disputes; require
18 the appearance of witnesses and the production of evidence on
19 any matter under inquiry; and administer oaths and
20 affirmations. The governing boards shall sign and report in
21 full an opinion in every case which they decide.
22 (g) Each governing board may appoint or employ an
23 executive director, attorneys, hearing officers, mediators,
24 fact-finders, arbitrators, and such other employees as they
25 deem necessary to perform their functions. The governing
26 boards shall prescribe the duties and qualifications of such
27 persons appointed and, subject to the annual appropriation,
28 fix their compensation and provide for reimbursement of
29 actual and necessary expenses incurred in the performance of
30 their duties.
31 (h) Each governing board shall exercise general
32 supervision over all attorneys which it employs and over the
33 other persons employed to provide necessary support services
34 for such attorneys. The governing boards shall have final
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1 authority in respect to complaints brought pursuant to this
2 Act.
3 (i) The following rules and regulations shall be adopted
4 by the governing boards meeting in joint session: (1)
5 procedural rules and regulations which shall govern all Board
6 proceedings; (2) procedures for election of exclusive
7 bargaining representatives pursuant to Section 9, except for
8 the determination of appropriate bargaining units; (3)
9 appointment of counsel pursuant to subsection (k) of this
10 Section.
11 (j) Rules and regulations may be adopted, amended or
12 rescinded only upon a vote of four of the five members of the
13 State Board and the Local Board meeting in joint session.
14 The adoption, amendment or rescission of rules and
15 regulations shall be in conformity with the requirements of
16 the Illinois Administrative Procedure Act.
17 (k) The Governing Boards in joint session shall
18 promulgate rules and regulations providing for the
19 appointment of attorneys or other Board representatives to
20 represent persons in unfair labor practice proceedings before
21 a governing board. The regulations governing appointment
22 shall require the applicant to demonstrate an inability to
23 pay for or inability to otherwise provide for adequate
24 representation before a governing board. Such rules must
25 also provide: (1) that an attorney may not be appointed in
26 cases which, in the opinion of a Board, are clearly without
27 merit; (2) the stage of the unfair labor proceeding at which
28 counsel will be appointed; and (3) the circumstances under
29 which a client will be allowed to select counsel.
30 (1) The governing boards in joint session may promulgate
31 rules and regulations which allow parties in proceedings
32 before a governing board to be represented by counsel or any
33 other representative of the party's choice.
34 (m) The Chairman of the governing boards shall serve as
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1 Chairman of a joint session of the governing boards.
2 Attendance of at least one member from each governing board,
3 in addition to the Chairman, shall constitute a quorum at a
4 joint session. The governing boards shall meet in joint
5 session within 60 days of the effective date of this Act and
6 at least annually thereafter.
7 (Source: P.A. 85-1440.)
8 (5 ILCS 315/6) (from Ch. 48, par. 1606)
9 Sec. 6. Right to organize and bargain collectively;
10 exclusive representation; and fair share arrangements. (a)
11 Employees of the State and any political subdivision of the
12 State, excluding employees of the General Assembly of the
13 State of Illinois and employees of the Illinois Supreme
14 Court, have, and are protected in the exercise of, the right
15 of self-organization, and may form, join or assist any labor
16 organization, to bargain collectively through representatives
17 of their own choosing on questions of wages, hours and other
18 conditions of employment, not excluded by Section 4 of this
19 Act, and to engage in other concerted activities not
20 otherwise prohibited by law for the purposes of collective
21 bargaining or other mutual aid or protection, free from
22 interference, restraint or coercion. Employees also have,
23 and are protected in the exercise of, the right to refrain
24 from participating in any such concerted activities.
25 Employees may be required, pursuant to the terms of a lawful
26 fair share agreement, to pay a fee which shall be their
27 proportionate share of the costs of the collective bargaining
28 process, contract administration and pursuing matters
29 affecting wages, hours and other conditions of employment as
30 defined in Section 3(g).
31 (b) Nothing in this Act prevents an employee from
32 presenting a grievance to the employer and having the
33 grievance heard and settled without the intervention of an
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1 employee organization; provided that the exclusive bargaining
2 representative is afforded the opportunity to be present at
3 such conference and that any settlement made shall not be
4 inconsistent with the terms of any agreement in effect
5 between the employer and the exclusive bargaining
6 representative.
7 (c) A labor organization designated by the Board as the
8 representative of the majority of public employees in an
9 appropriate unit in accordance with the procedures herein or
10 recognized by a public employer as the representative of the
11 majority of public employees in an appropriate unit is the
12 exclusive representative for the employees of such unit for
13 the purpose of collective bargaining with respect to rates of
14 pay, wages, hours and other conditions of employment not
15 excluded by Section 4 of this Act.
16 (d) Labor organizations recognized by a public employer
17 as the exclusive representative or so designated in
18 accordance with the provisions of this Act are responsible
19 for representing the interests of all public employees in the
20 unit. Nothing herein shall be construed to limit an
21 exclusive representative's right to exercise its discretion
22 to refuse to process grievances of employees that are
23 unmeritorious.
24 (e) When a collective bargaining agreement is entered
25 into with an exclusive representative, it may include in the
26 agreement a provision requiring employees covered by the
27 agreement who are not members of the organization to pay
28 their proportionate share of the costs of the collective
29 bargaining process, contract administration and pursuing
30 matters affecting wages, hours and conditions of employment,
31 as defined in Section 3 (g), but not to exceed the amount of
32 dues uniformly required of members. The organization shall
33 certify to the employer the amount constituting each
34 nonmember employee's proportionate share which shall not
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1 exceed dues uniformly required of members. In such case, the
2 proportionate share payment in this Section shall be deducted
3 by the employer from the earnings of the nonmember employees
4 and paid to the employee organization.
5 (f) Only the exclusive representative may negotiate
6 provisions in a collective bargaining agreement providing for
7 the payroll deduction of labor organization dues, fair share
8 payment, initiation fees and assessments. Except as provided
9 in subsection (e) of this Section, any such deductions shall
10 only be made upon an employee's written authorization, and
11 continued until revoked in writing in the same manner or
12 until the termination date of an applicable collective
13 bargaining agreement. Such payments shall be paid to the
14 exclusive representative.
15 (g) Agreements containing a fair share agreement must
16 safeguard the right of nonassociation of employees based upon
17 bona fide religious tenets or teachings of a church or
18 religious body of which such employees are members. Such
19 employees may be required to pay an amount equal to their
20 fair share, determined under a lawful fair share agreement,
21 to a nonreligious charitable organization mutually agreed
22 upon by the employees affected and the exclusive bargaining
23 representative to which such employees would otherwise pay
24 such service fee. If the affected employees and the
25 bargaining representative are unable to reach an agreement on
26 the matter, the Board may establish an approved list of
27 charitable organizations to which such payments may be made.
28 (Source: P.A. 85-1032.)
29 (10 ILCS 5/7-10.1 rep.)
30 Section 10. The Election Code is amended by repealing
31 Section 7-10.1, which requires a candidate or nominee to sign
32 a loyalty oath and which was held to violate the First and
33 Fourteenth Amendments to the U.S. Constitution by the United
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1 States District Court for the Northern District of Illinois,
2 Eastern Division, in Communist Party of Illinois v. Ogilvie,
3 357 F. Supp. 105 (1972).
4 Section 15. The Election Code is amended by changing
5 Sections 7-60, 7-60.1, 8-8, and 10-5 to remove
6 cross-references to Section 7-10.1 of the Election Code which
7 is repealed in the preceding Section, the amended Sections to
8 read as follows:
9 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
10 Sec. 7-60. Not less than 67 days before the date of the
11 general election, the State Board of Elections shall certify
12 to the county clerks the names of each of the candidates who
13 have been nominated as shown by the proclamation of the State
14 Board of Elections as a canvassing board or who have been
15 nominated to fill a vacancy in nomination and direct the
16 election authority to place upon the official ballot for the
17 general election the names of such candidates in the same
18 manner and in the same order as shown upon the certification,
19 except as otherwise provided in this Section.
20 Not less than 61 days before the date of the general
21 election, each county clerk shall certify the names of each
22 of the candidates for county offices who have been nominated
23 as shown by the proclamation of the county canvassing board
24 or who have been nominated to fill a vacancy in nomination
25 and declare that the names of such candidates for the
26 respective offices shall be placed upon the official ballot
27 for the general election in the same manner and in the same
28 order as shown upon the certification, except as otherwise
29 provided by this Section. Each county clerk shall place a
30 copy of the certification on file in his or her office and at
31 the same time issue to the State Board of Elections a copy of
32 such certification. In addition, each county clerk in whose
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1 county there is a board of election commissioners shall, not
2 less than 61 days before the date of the general election,
3 issue to such board a copy of the certification that has been
4 filed in the county clerk's office, together with a copy of
5 the certification that has been issued to the clerk by the
6 State Board of Elections, with directions to the board of
7 election commissioners to place upon the official ballot for
8 the general election in that election jurisdiction the names
9 of all candidates that are listed on such certifications, in
10 the same manner and in the same order as shown upon such
11 certifications, except as otherwise provided in this Section.
12 Whenever there are two or more persons nominated by the
13 same political party for multiple offices for any board, the
14 name of the candidate of such party receiving the highest
15 number of votes in the primary election as a candidate for
16 such office, as shown by the official election returns of the
17 primary, shall be certified first under the name of such
18 offices, and the names of the remaining candidates of such
19 party for such offices shall follow in the order of the
20 number of votes received by them respectively at the primary
21 election as shown by the official election results.
22 No person who is shown by the canvassing board's
23 proclamation to have been nominated at the primary as a
24 write-in candidate shall have his or her name certified
25 unless such person shall have filed with the certifying
26 office or board within 10 days after the canvassing board's
27 proclamation a statement of candidacy pursuant to Section
28 7-10 and a statement pursuant to Section 7-10.1.
29 Each county clerk and board of election commissioners
30 shall determine by a fair and impartial method of random
31 selection the order of placement of established political
32 party candidates for the general election ballot. Such
33 determination shall be made within 30 days following the
34 canvass and proclamation of the results of the general
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1 primary in the office of the county clerk or board of
2 election commissioners and shall be open to the public.
3 Seven days written notice of the time and place of conducting
4 such random selection shall be given, by each such election
5 authority, to the County Chairman of each established
6 political party, and to each organization of citizens within
7 the election jurisdiction which was entitled, under this
8 Article, at the next preceding election, to have pollwatchers
9 present on the day of election. Each election authority
10 shall post in a conspicuous, open and public place, at the
11 entrance of the election authority office, notice of the time
12 and place of such lottery. However, a board of election
13 commissioners may elect to place established political party
14 candidates on the general election ballot in the same order
15 determined by the county clerk of the county in which the
16 city under the jurisdiction of such board is located.
17 Each certification shall indicate, where applicable, the
18 following:
19 (1) The political party affiliation of the candidates
20 for the respective offices;
21 (2) If there is to be more than one candidate elected to
22 an office from the State, political subdivision or district;
23 (3) If the voter has the right to vote for more than one
24 candidate for an office;
25 (4) The term of office, if a vacancy is to be filled for
26 less than a full term or if the offices to be filled in a
27 political subdivision are for different terms.
28 The State Board of Elections or the county clerk, as the
29 case may be, shall issue an amended certification whenever it
30 is discovered that the original certification is in error.
31 (Source: P.A. 86-867; 86-875; 86-1028.)
32 (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
33 Sec. 7-60.1. Certification of Candidates - Consolidated
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1 Election. Each local election official of a political
2 subdivision in which candidates for the respective local
3 offices are nominated at the consolidated primary shall, no
4 later than 5 days following the canvass and proclamation of
5 the results of the consolidated primary, certify to each
6 election authority whose duty it is to prepare the official
7 ballot for the consolidated election in that political
8 subdivision the names of each of the candidates who have been
9 nominated as shown by the proclamation of the appropriate
10 canvassing board or who have been nominated to fill a vacancy
11 in nomination and direct the election authority to place upon
12 the official ballot for the consolidated election the names
13 of such candidates in the same manner and in the same order
14 as shown upon the certification, except as otherwise provided
15 by this Section.
16 Whenever there are two or more persons nominated by the
17 same political party for multiple offices for any board, the
18 name of the candidate of such party receiving the highest
19 number of votes in the consolidated primary election as a
20 candidate for such consolidated primary, shall be certified
21 first under the name of such office, and the names of the
22 remaining candidates of such party for such offices shall
23 follow in the order of the number of votes received by them
24 respectively at the consolidated primary election as shown by
25 the official election results.
26 No person who is shown by the canvassing board's
27 proclamation to have been nominated at the consolidated
28 primary as a write-in candidate shall have his or her name
29 certified unless such person shall have filed with the
30 certifying office or board within 5 days after the canvassing
31 board's proclamation a statement of candidacy pursuant to
32 Section 7-10 and a statement pursuant to Section 7-10.1.
33 Each board of election commissioners of the cities in
34 which established political party candidates for city offices
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1 are nominated at the consolidated primary shall determine by
2 a fair and impartial method of random selection the order of
3 placement of the established political party candidates for
4 the consolidated ballot. Such determination shall be made
5 within 5 days following the canvass and proclamation of the
6 results of the consolidated primary and shall be open to the
7 public. Three days written notice of the time and place of
8 conducting such random selection shall be given, by each such
9 election authority, to the County Chairman of each
10 established political party, and to each organization of
11 citizens within the election jurisdiction which was entitled,
12 under this Article, at the next preceding election, to have
13 pollwatchers present on the day of election. Each election
14 authority shall post in a conspicuous, open and public place,
15 at the entrance of the election authority office, notice of
16 the time and place of such lottery.
17 Each local election official of a political subdivision
18 in which established political party candidates for the
19 respective local offices are nominated by primary shall
20 determine by a fair and impartial method of random selection
21 the order of placement of the established political party
22 candidates for the consolidated election ballot and, in the
23 case of certain municipalities having annual elections, on
24 the general primary ballot for election. Such determination
25 shall be made prior to the canvass and proclamation of
26 results of the consolidated primary or special municipal
27 primary, as the case may be, in the office of the local
28 election official and shall be open to the public. Three
29 days written notice of the time and place of conducting such
30 random selection shall be given, by each such local election
31 official, to the County Chairman of each established
32 political party, and to each organization of citizens within
33 the election jurisdiction which was entitled, under this
34 Article, at the next preceding election, to have pollwatchers
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1 present on the day of election. Each local election official
2 shall post in a conspicuous, open and public place notice of
3 such lottery. Immediately thereafter, the local election
4 official shall certify the ballot placement order so
5 determined to the proper election authorities charged with
6 the preparation of the consolidated election, or general
7 primary, ballot for that political subdivision.
8 Not less than 61 days before the date of the consolidated
9 election, each local election official of a political
10 subdivision in which established political party candidates
11 for the respective local offices have been nominated by
12 caucus or have been nominated because no primary was required
13 to be held shall certify to each election authority whose
14 duty it is to prepare the official ballot for the
15 consolidated election in that political subdivision the names
16 of each of the candidates whose certificates of nomination or
17 nomination papers have been filed in his or her office and
18 direct the election authority to place upon the official
19 ballot for the consolidated election the names of such
20 candidates in the same manner and in the same order as shown
21 upon the certification. Such local election official shall,
22 prior to certification, determine by a fair and impartial
23 method of random selection the order of placement of the
24 established political party candidates for the consolidated
25 election ballot. Such determination shall be made in the
26 office of the local election official and shall be open to
27 the public. Three days written notice of the time and place
28 of conducting such random selection shall be given by each
29 such local election official to the county chairman of each
30 established political party, and to each organization of
31 citizens within the election jurisdiction which was entitled,
32 under this Article, at the next preceding election, to have
33 pollwatchers present on the day of election. Each local
34 election official shall post in a conspicuous, open and
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1 public place, at the entrance of the office, notice of the
2 time and place of such lottery. The local election official
3 shall certify the ballot placement order so determined as
4 part of his official certification of candidates to the
5 election authorities whose duty it is to prepare the official
6 ballot for the consolidated election in that political
7 subdivision.
8 The certification shall indicate, where applicable, the
9 following:
10 (1) The political party affiliation of the candidates
11 for the respective offices;
12 (2) If there is to be more than one candidate elected or
13 nominated to an office from the State, political subdivision
14 or district;
15 (3) If the voter has the right to vote for more than one
16 candidate for an office;
17 (4) The term of office, if a vacancy is to be filled for
18 less than a full term or if the offices to be filled in a
19 political subdivision or district are for different terms.
20 The local election official shall issue an amended
21 certification whenever it is discovered that the original
22 certification is in error.
23 (Source: P.A. 84-1308.)
24 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
25 Sec. 8-8. The name of no candidate for nomination shall
26 be printed upon the primary ballot unless a petition for
27 nomination shall have been filed in his behalf as provided
28 for in this Section. Each such petition shall include as a
29 part thereof the oath required by Section 7-10.1 of this Act
30 and a statement of candidacy by the candidate filing or in
31 whose behalf the petition is filed. This statement shall set
32 out the address of such candidate, the office for which he is
33 a candidate, shall state that the candidate is a qualified
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1 primary voter of the party to which the petition relates, is
2 qualified for the office specified and has filed a statement
3 of economic interests as required by the Illinois
4 Governmental Ethics Act, shall request that the candidate's
5 name be placed upon the official ballot and shall be
6 subscribed and sworn by such candidate before some officer
7 authorized to take acknowledgment of deeds in this State and
8 may be in substantially the following form:
9 State of Illinois)
10 ) ss.
11 County ..........)
12 I, ...., being first duly sworn, say that I reside at
13 .... street in the city (or village of) .... in the county of
14 .... State of Illinois; that I am a qualified voter therein
15 and am a qualified primary voter of .... party; that I am a
16 candidate for nomination to the office of .... to be voted
17 upon at the primary election to be held on the .... day of
18 ...., 19..; that I am legally qualified to hold such office
19 and that I have filed a statement of economic interests as
20 required by the Illinois Governmental Ethics Act and I hereby
21 request that my name be printed upon the official primary
22 ballot for nomination for such office.
23 Signed ....................
24 Subscribed and sworn to (or affirmed) before me by ....,
25 who is to me personally known, this .... day of .... 19...
26 Signed .... (Official Character)
27 (Seal if officer has one.)
28 All petitions for nomination for the office of State
29 Senator shall be signed by 1% or 600, whichever is greater,
30 of the qualified primary electors of the candidate's party in
31 his legislative district, except that for the first primary
32 following a redistricting of legislative districts, such
33 petitions shall be signed by at least 600 qualified primary
34 electors of the candidate's party in his legislative
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1 district.
2 All petitions for nomination for the office of
3 Representative in the General Assembly shall be signed by at
4 least 1% or 300, whichever is greater, of the qualified
5 primary electors of the candidate's party in his or her
6 representative district, except that for the first primary
7 following a redistricting of representative districts such
8 petitions shall be signed by at least 300 qualified primary
9 electors of the candidate's party in his or her
10 representative district.
11 Opposite the signature of each qualified primary elector
12 who signs a petition for nomination for the office of State
13 Representative or State Senator such elector's residence
14 address shall be written or printed. The residence address
15 required to be written or printed opposite each qualified
16 primary elector's name shall include the street address or
17 rural route number of the signer, as the case may be, as well
18 as the signer's city, village or town.
19 For the purposes of this Section, the number of primary
20 electors shall be determined by taking the total vote cast,
21 in the applicable district, for the candidate for such
22 political party who received the highest number of votes,
23 state-wide, at the last general election in the State at
24 which electors for President of the United States were
25 elected.
26 A "qualified primary elector" of a party may not sign
27 petitions for or be a candidate in the primary of more than
28 one party.
29 In the affidavit at the bottom of each sheet, the
30 petition circulator, who shall have been a registered voter
31 at all times he or she circulated the petition, shall state
32 his street address or rural route number, as the case may be,
33 as well as his city, village or town.
34 In the affidavit at the bottom of each petition sheet,
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1 the petition circulator shall either (1) indicate the dates
2 on which he or she circulated that sheet, or (2) indicate the
3 first and last dates on which the sheet was circulated, or
4 (3) certify that none of the signatures on the sheet were
5 signed more than 90 days preceding the last day for the
6 filing of the petition. No petition sheet shall be
7 circulated more than 90 days preceding the last day provided
8 in Section 8-9 for the filing of such petition.
9 All petition sheets which are filed with the State Board
10 of Elections shall be the original sheets which have been
11 signed by the voters and by the circulator, and not
12 photocopies or duplicates of such sheets.
13 The person circulating the petition, or the candidate on
14 whose behalf the petition is circulated, may strike any
15 signature from the petition, provided that;
16 (1) the person striking the signature shall initial
17 the petition at the place where the signature is struck;
18 and
19 (2) the person striking the signature shall sign a
20 certification listing the page number and line number of
21 each signature struck from the petition. Such
22 certification shall be filed as a part of the petition.
23 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052.)
24 (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
25 Sec. 10-5. All petitions for nomination shall, besides
26 containing the names of candidates, specify as to each:
27 1. The office or offices to which such candidate or
28 candidates shall be nominated.
29 2. The new political party, if any, represented,
30 expressed in not more than 5 words. However, such party shall
31 not bear the same name as, nor include the name of any
32 established political party as defined in this Article. This
33 prohibition does not preclude any established political party
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1 from making nominations in those cases in which it is
2 authorized to do so.
3 3. The place of residence of any such candidate or
4 candidates with the street and number thereof, if any. In the
5 case of electors for President and Vice-President of the
6 United States, the names of candidates for President and
7 Vice-President may be added to the party name or appellation.
8 Such certificate of nomination or nomination papers in
9 addition shall include as a part thereof, the oath required
10 by Section 7-10.1 of this Act and must include a statement of
11 candidacy for each of the candidates named therein, except
12 candidates for electors for President and Vice-President of
13 the United States. Each such statement shall set out the
14 address of such candidate, the office for which he is a
15 candidate, shall state that the candidate is qualified for
16 the office specified and has filed (or will file before the
17 close of the petition filing period) a statement of economic
18 interests as required by the Illinois Governmental Ethics
19 Act, shall request that the candidate's name be placed upon
20 the official ballot and shall be subscribed and sworn to by
21 such candidate before some officer authorized to take
22 acknowledgments of deeds in this State, and may be in
23 substantially the following form:
24 State of Illinois)
25 ) SS.
26 County of........)
27 I,...., being first duly sworn, say that I reside at....
28 street, in the city (or village) of.... in the county of....
29 State of Illinois; and that I am a qualified voter therein;
30 that I am a candidate for election to the office of.... to be
31 voted upon at the election to be held on the.... day
32 of....,.....; and that I am legally qualified to hold such
33 office and that I have filed (or will file before the close
34 of the petition filing period) a statement of economic
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1 interests as required by the Illinois Governmental Ethics
2 Act, and I hereby request that my name be printed upon the
3 official ballot for election to such office.
4 Signed.................
5 Subscribed and sworn to (or affirmed) before me by....
6 who is to me personally known, this.... day of....,......
7 Signed.................
8 (Official Character)
9 (Seal, if officer has one.)
10 In addition, a new political party petition shall have
11 attached thereto a certificate stating the names and
12 addresses of the party officers authorized to fill vacancies
13 in nomination pursuant to Section 10-11.
14 Nomination papers filed under this Section are not valid
15 if the candidate named therein fails to file a statement of
16 economic interests as required by the Illinois Governmental
17 Ethics Act in relation to his candidacy with the appropriate
18 officer by the end of the period for the filing of nomination
19 papers unless he has filed a statement of economic interests
20 in relation to the same governmental unit with that officer
21 during the same calendar year as the year in which such
22 nomination papers were filed. If the nomination papers of
23 any candidate and the statement of economic interest of that
24 candidate are not required to be filed with the same officer,
25 the candidate must file with the officer with whom the
26 nomination papers are filed a receipt from the officer with
27 whom the statement of economic interests is filed showing the
28 date on which such statement was filed. Such receipt shall
29 be so filed not later than the last day on which nomination
30 papers may be filed.
31 (Source: P.A. 84-551.)
32 (10 ILCS 5/7-42 rep.)
33 Section 20. The Election Code, Section 7-42 of which
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1 allows employees to have 2 hours off from work without loss
2 of pay to vote in primary elections, a provision that the
3 Illinois Supreme Court held unconstitutional in McAlpine v.
4 Dimick, 326 Ill. 240 (1927) as a deprivation of the
5 employer's property without due process, is amended by
6 repealing Section 7-42.
7 Section 25. The Election Code is amended by changing
8 Section 7-43 to delete the restriction against voting at the
9 primary of a political party if one has voted at a primary of
10 another political party within the preceding 23 calendar
11 months in response to the decision of the United States
12 District Court for the Northern District of Illinois, Eastern
13 Division, in Pontikes v. Kusper, 345 F. Supp. 1104 (1972),
14 which decision held that the "23 month rule" violates a
15 person's constitutional rights to vote and to free
16 association, the amended Section to read as follows:
17 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
18 Sec. 7-43. Every person having resided in this State 6
19 months and in the precinct 30 days next preceding any primary
20 therein who shall be a citizen of the United States of the
21 age of 18 or more years, shall be entitled to vote at such
22 primary.
23 The following regulations shall be applicable to
24 primaries:
25 No person shall be entitled to vote at a primary:
26 (a) Unless he declares his party affiliations as
27 required by this Article.
28 (b) Who shall have signed the petition for
29 nomination of a candidate of any party with which he does
30 not affiliate, when such candidate is to be voted for at
31 the primary.
32 (c) Who shall have signed the nominating papers of
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1 an independent candidate for any office for which office
2 candidates for nomination are to be voted for at such
3 primary.
4 (c.5) If that person has participated in the town
5 political party caucus, under Section 45-50 of the
6 Township Code, of another political party by signing an
7 affidavit of voters attending the caucus within 45 days
8 before the first day of the calendar month in which the
9 primary is held.
10 (d) If he has voted at a primary held under this Article
11 7 of another political party within a period of 23 calendar
12 months next preceding the calendar month in which such
13 primary is held: Provided, Participation by a primary elector
14 in a primary of a political party which, under the provisions
15 of Section 7-2 of this Article, is a political party within a
16 city, village or incorporated town or town only and entitled
17 hereunder to make nominations of candidates for city, village
18 or incorporated town or town offices only, and for no other
19 office or offices, shall not disqualify such primary elector
20 from participating in other primaries of his party: And,
21 provided, that no qualified voter shall be precluded from
22 participating in the primary of any purely city, village or
23 incorporated town or town political party under the
24 provisions of Section 7-2 of this Article by reason of such
25 voter having voted at the primary of another political party
26 within a period of 23 calendar months next preceding the
27 calendar month in which he seeks to participate is held.
28 (e) In cities, villages and incorporated towns having a
29 board of election commissioners only voters registered as
30 provided by Article 6 of this Act shall be entitled to vote
31 at such primary.
32 (f) No person shall be entitled to vote at a primary
33 unless he is registered under the provisions of Articles 4, 5
34 or 6 of this Act, when his registration is required by any of
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1 said Articles to entitle him to vote at the election with
2 reference to which the primary is held.
3 (Source: P.A. 89-331, eff. 8-17-95.)
4 Section 30. The Election Code is amended by changing
5 Section 10-2 to reduce the minimum number of signatures
6 required on a petition to establish a new political party in
7 a district or political subdivision from the State-wide
8 petition signature requirement to one-half of that
9 requirement in response to the United States Supreme Court
10 decision in Norman v. Reed, 112 S.Ct. 698 (1992), which
11 decision held that the present signature requirement violates
12 the First and Fourteenth Amendment rights of new party
13 members, the amended Section to read as follows:
14 (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
15 Sec. 10-2. The term "political party", as hereinafter
16 used in this Article 10, shall mean any "established
17 political party", as hereinafter defined and shall also mean
18 any political group which shall hereafter undertake to form
19 an established political party in the manner provided for in
20 this Article 10: Provided, that no political organization or
21 group shall be qualified as a political party hereunder, or
22 given a place on a ballot, which organization or group is
23 associated, directly or indirectly, with Communist, Fascist,
24 Nazi or other un-American principles and engages in
25 activities or propaganda designed to teach subservience to
26 the political principles and ideals of foreign nations or the
27 overthrow by violence of the established constitutional form
28 of government of the United States and the State of Illinois.
29 A political party which, at the last general election for
30 State and county officers, polled for its candidate for
31 Governor more than 5% of the entire vote cast for Governor,
32 is hereby declared to be an "established political party" as
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1 to the State and as to any district or political subdivision
2 thereof.
3 A political party which, at the last election in any
4 congressional district, legislative district, county,
5 township, municipality or other political subdivision or
6 district in the State, polled more than 5% of the entire vote
7 cast within such territorial area or political subdivision,
8 as the case may be, has voted as a unit for the election of
9 officers to serve the respective territorial area of such
10 district or political subdivision, is hereby declared to be
11 an "established political party" within the meaning of this
12 Article as to such district or political subdivision.
13 Any group of persons hereafter desiring to form a new
14 political party throughout the State, or in any
15 congressional, legislative or judicial district, or in any
16 other district or in any political subdivision (other than a
17 municipality) not entirely within a single county, shall file
18 with the State Board of Elections a petition, as hereinafter
19 provided; and any such group of persons hereafter desiring to
20 form a new political party within any county shall file such
21 petition with the county clerk; and any such group of persons
22 hereafter desiring to form a new political party within any
23 municipality or township or within any district of a unit of
24 local government other than a county shall file such petition
25 with the local election official or Board of Election
26 Commissioners of such municipality, township or other unit of
27 local government, as the case may be. Any such petition for
28 the formation of a new political party throughout the State,
29 or in any such district or political subdivision, as the case
30 may be, shall declare as concisely as may be the intention of
31 the signers thereof to form such new political party in the
32 State, or in such district or political subdivision; shall
33 state in not more than 5 words the name of such new political
34 party; shall at the time of filing contain a complete list
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1 of candidates of such party for all offices to be filled in
2 the State, or such district or political subdivision as the
3 case may be, at the next ensuing election then to be held;
4 and, if such new political party shall be formed for the
5 entire State, shall be signed by 1% of the number of voters
6 who voted at the next preceding Statewide general election or
7 25,000 qualified voters, whichever is less. If such new
8 political party shall be formed for any district or political
9 subdivision less than the entire State, such petition shall
10 be signed by qualified voters equaling in number not less
11 than 5% of the number of voters who voted at the next
12 preceding regular election in such district or political
13 subdivision in which such district or political subdivision
14 voted as a unit for the election of officers to serve its
15 respective territorial area. However, whenever the minimum
16 signature requirement for a district or political subdivision
17 new political party petition shall equal or exceed the
18 minimum number of signatures for State-wide new political
19 party petitions at the next preceding State-wide general
20 election, one-half of the such State-wide petition signature
21 requirement shall be the minimum for the such district or
22 political subdivision new political party petition.
23 For the first election following a redistricting of
24 congressional districts, a petition to form a new political
25 party in a congressional district shall be signed by at least
26 5,000 qualified voters of the congressional district. For
27 the first election following a redistricting of legislative
28 districts, a petition to form a new political party in a
29 legislative district shall be signed by at least 3,000
30 qualified voters of the legislative district. For the first
31 election following a redistricting of representative
32 districts, a petition to form a new political party in a
33 representative district shall be signed by at least 1,500
34 qualified voters of the representative district.
-43- LRB9001889OBpk
1 For the first election following redistricting of county
2 board districts, or of municipal wards or districts, or for
3 the first election following the initial establishment of
4 such districts or wards in a county or municipality, a
5 petition to form a new political party in a county board
6 district or in a municipal ward or district shall be signed
7 by qualified voters of the district or ward equal to not less
8 than 5% of the total number of votes cast at the preceding
9 general or municipal election, as the case may be, for the
10 county or municipal office voted on throughout the county or
11 municipality for which the greatest total number of votes
12 were cast for all candidates, divided by the number of
13 districts or wards, but in any event not less than 25
14 qualified voters of the district or ward.
15 In the case of a petition to form a new political party
16 within a political subdivision in which officers are to be
17 elected from districts and at-large, such petition shall
18 consist of separate components for each district from which
19 an officer is to be elected. Each component shall be
20 circulated only within a district of the political
21 subdivision and signed only by qualified electors who are
22 residents of such district. Each sheet of such petition must
23 contain a complete list of the names of the candidates of the
24 party for all offices to be filled in the political
25 subdivision at large, but the sheets comprising each
26 component shall also contain the names of those candidates to
27 be elected from the particular district. Each component of
28 the petition for each district from which an officer is to be
29 elected must be signed by qualified voters of the district
30 equalling in number not less than 5% of the number of voters
31 who voted at the next preceding regular election in such
32 district at which an officer was elected to serve the
33 district. The entire petition, including all components, must
34 be signed by a total of qualified voters of the entire
-44- LRB9001889OBpk
1 political subdivision equalling in number not less than 5% of
2 the number of voters who voted at the next preceding regular
3 election in such political subdivision at which an officer
4 was elected to serve the political subdivision at large.
5 The filing of such petition shall constitute the
6 political group a new political party, for the purpose only
7 of placing upon the ballot at such next ensuing election such
8 list or an adjusted list in accordance with Section 10-11, of
9 party candidates for offices to be voted for throughout the
10 State, or for offices to be voted for in such district or
11 political subdivision less than the State, as the case may
12 be, under the name of and as the candidates of such new
13 political party.
14 If, at such ensuing election, the new political party's
15 candidate for Governor shall receive more than 5% of the
16 entire votes cast for Governor, then such new political party
17 shall become an "established political party" as to the State
18 and as to every district or political subdivision thereof.
19 If, at such ensuing election, the other candidates of the new
20 political party, or any other candidate or candidates of the
21 new political party shall receive more than 5% of all the
22 votes cast for the office or offices for which they were
23 candidates at such election, in the State, or in any district
24 or political subdivision, as the case may be, then and in
25 that event, such new political party shall become an
26 "established political party" within the State or within such
27 district or political subdivision less than the State, as the
28 case may be, in which such candidate or candidates received
29 more than 5% of the votes cast for the office or offices for
30 which they were candidates. It shall thereafter nominate its
31 candidates for public offices to be filled in the State, or
32 such district or political subdivision, as the case may be,
33 under the provisions of the laws regulating the nomination of
34 candidates of established political parties at primary
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1 elections and political party conventions, as now or
2 hereafter in force.
3 A political party which continues to receive for its
4 candidate for Governor more than 5% of the entire vote cast
5 for Governor, shall remain an "established political party"
6 as to the State and as to every district or political
7 subdivision thereof. But if the political party's candidate
8 for Governor fails to receive more than 5% of the entire vote
9 cast for Governor, or if the political party does not
10 nominate a candidate for Governor, the political party shall
11 remain an "established political party" within the State or
12 within such district or political subdivision less than the
13 State, as the case may be, only so long as, and only in those
14 districts or political subdivisions in which, the candidates
15 of that political party, or any candidate or candidates of
16 that political party, continue to receive more than 5% of all
17 the votes cast for the office or offices for which they were
18 candidates at succeeding general or consolidated elections
19 within the State or within any district or political
20 subdivision, as the case may be.
21 Any such petition shall be filed at the same time and
22 shall be subject to the same requirements and to the same
23 provisions in respect to objections thereto and to any
24 hearing or hearings upon such objections that are hereinafter
25 in this Article 10 contained in regard to the nomination of
26 any other candidate or candidates by petition. If any such
27 new political party shall become an "established political
28 party" in the manner herein provided, the candidate or
29 candidates of such new political party nominated by the
30 petition hereinabove referred to for such initial election,
31 shall have power to select any such party committeeman or
32 committeemen as shall be necessary for the creation of a
33 provisional party organization and provisional managing
34 committee or committees for such party within the State, or
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1 in any district or political subdivision in which the new
2 political party has become established; and the party
3 committeeman or committeemen so selected shall constitute a
4 provisional party organization for the new political party
5 and shall have and exercise the powers conferred by law upon
6 any party committeeman or committeemen to manage and control
7 the affairs of such new political party until the next
8 ensuing primary election at which the new political party
9 shall be entitled to nominate and elect any party
10 committeeman or committeemen in the State, or in such
11 district or political subdivision under any parts of this Act
12 relating to the organization of political parties.
13 A candidate for whom a nomination paper has been filed as
14 a partisan candidate at a primary election, and who is
15 defeated for his or her nomination at the primary election,
16 is ineligible for nomination as a candidate of a new
17 political party for election in that general election.
18 (Source: P.A. 86-875.)
19 Section 35. The Election Code is amended by changing
20 Section 10-5 to authorize a new political party to bear the
21 name of an established political party if the candidate
22 seeking to represent the new party has received formal
23 permission to use the name from the established party in
24 response to the decision of the United States Supreme Court
25 in Norman v. Reed, 112 S. Ct. 698 (1992), which decision held
26 that the current law's restriction on the use of an
27 established political party's name violates the
28 constitutional right of political association, the amended
29 Section to read as follows:
30 (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
31 Sec. 10-5. All petitions for nomination shall, besides
32 containing the names of candidates, specify as to each:
-47- LRB9001889OBpk
1 1. The office or offices to which such candidate or
2 candidates shall be nominated.
3 2. The new political party, if any, represented,
4 expressed in not more than 5 words. However, such party shall
5 not bear the same name as, nor include the name of, any
6 established political party as defined in this Article unless
7 the candidate or candidates seeking to represent the new
8 political party have received formal permission to use the
9 name from the established political party. This prohibition
10 does not preclude any established political party from making
11 nominations in those cases in which it is authorized to do
12 so.
13 3. The place of residence of any such candidate or
14 candidates with the street and number thereof, if any. In the
15 case of electors for President and Vice-President of the
16 United States, the names of candidates for President and
17 Vice-President may be added to the party name or appellation.
18 Such certificate of nomination or nomination papers in
19 addition shall include as a part thereof, the oath required
20 by Section 7-10.1 of this Act and must include a statement of
21 candidacy for each of the candidates named therein, except
22 candidates for electors for President and Vice-President of
23 the United States. Each such statement shall set out the
24 address of such candidate, the office for which he is a
25 candidate, shall state that the candidate is qualified for
26 the office specified and has filed (or will file before the
27 close of the petition filing period) a statement of economic
28 interests as required by the Illinois Governmental Ethics
29 Act, shall request that the candidate's name be placed upon
30 the official ballot and shall be subscribed and sworn to by
31 such candidate before some officer authorized to take
32 acknowledgments of deeds in this State, and may be in
33 substantially the following form:
34 State of Illinois)
-48- LRB9001889OBpk
1 ) SS.
2 County of........)
3 I,...., being first duly sworn, say that I reside at....
4 street, in the city (or village) of.... in the county of....
5 State of Illinois; and that I am a qualified voter therein;
6 that I am a candidate for election to the office of.... to be
7 voted upon at the election to be held on the.... day
8 of....,.....; and that I am legally qualified to hold such
9 office and that I have filed (or will file before the close
10 of the petition filing period) a statement of economic
11 interests as required by the Illinois Governmental Ethics
12 Act, and I hereby request that my name be printed upon the
13 official ballot for election to such office.
14 Signed.................
15 Subscribed and sworn to (or affirmed) before me by....
16 who is to me personally known, this.... day of....,......
17 Signed.................
18 (Official Character)
19 (Seal, if officer has one.)
20 In addition, a new political party petition shall have
21 attached thereto a certificate stating the names and
22 addresses of the party officers authorized to fill vacancies
23 in nomination pursuant to Section 10-11.
24 Nomination papers filed under this Section are not valid
25 if the candidate named therein fails to file a statement of
26 economic interests as required by the Illinois Governmental
27 Ethics Act in relation to his candidacy with the appropriate
28 officer by the end of the period for the filing of nomination
29 papers unless he has filed a statement of economic interests
30 in relation to the same governmental unit with that officer
31 during the same calendar year as the year in which such
32 nomination papers were filed. If the nomination papers of
33 any candidate and the statement of economic interest of that
34 candidate are not required to be filed with the same officer,
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1 the candidate must file with the officer with whom the
2 nomination papers are filed a receipt from the officer with
3 whom the statement of economic interests is filed showing the
4 date on which such statement was filed. Such receipt shall
5 be so filed not later than the last day on which nomination
6 papers may be filed.
7 (Source: P.A. 84-551.)
8 Section 40. The Election Code is amended by changing
9 Section 29-14 to prohibit the publication of campaign
10 literature with the intent to deceive the voters, to prohibit
11 the anonymous publication of campaign literature within 10
12 days before an election, and to delete an exemption for
13 certain items because of their size or shape in response to
14 the Illinois Supreme Court decision in People v. White, 116
15 Ill. 2d 171 (1987), which decision held that the broad
16 prohibition of the anonymous publication of campaign
17 literature violates the constitutional right to freedom of
18 speech, the amended Section to read as follows:
19 (10 ILCS 5/29-14) (from Ch. 46, par. 29-14)
20 Sec. 29-14. Publication of political literature.
21 (a) Any person or group of persons, or any committee,
22 firm, organization, association, league, or other body
23 publishing, circulating, or distributing any pamphlet,
24 circular, handbill, advertisement, or other political
25 literature soliciting votes for or against any candidate for
26 nomination or election to, or retention in, any public office
27 or soliciting votes in support of or in opposition to any
28 public question to be submitted for the ballot at an election
29 with the intent to deceive the voters shall be guilty of a
30 Class A misdemeanor.
31 (b) Any person or group of persons, or any committee,
32 firm, organization, association, league, or other body
-50- LRB9001889OBpk
1 publishing, circulating, or distributing within 10 days
2 before an election any pamphlet, circular, handbill,
3 advertisement, or other political literature soliciting votes
4 for or against any candidate for nomination or election to,
5 or retention in, any public office or soliciting votes in
6 support of or in opposition to any public question to be
7 submitted for the ballot at the an election which does not
8 have printed thereon in plain type the name and address of
9 the person or persons, or the names and business address of
10 the committee, firm, organization, association, league, or
11 other body causing the such matter to be published and
12 distributed, the name of its chairman, director, manager, or
13 principal officer, as the case may be, and the name of its
14 treasurer if a different person, shall be guilty of a Class A
15 misdemeanor. If a political committee as defined in Article
16 9 has already filed its statement of organization with the
17 State Board of Elections or with the county clerk, as the
18 case may be, or is registered with the Federal Election
19 Commission, it shall not be necessary to print the name of
20 its chairman or its treasurer, or its address on political
21 literature that which it causes to be published and
22 distributed, and the name of the political committee printed
23 on the literature shall be sufficient. However this Section
24 shall not apply to palm cards, tickets, premiums or similar
25 campaign items which because of size or shape are not
26 adaptable to printing of attribution of source thereon.
27 Nothing in this subsection Section shall be construed to
28 apply to any matter published in any newspaper, magazine, or
29 journal recognized and circulating as such, which matter is
30 published by the such newspaper, magazine, or journal on its
31 own behalf and upon its own responsibility and for which it
32 shall not charge or receive any compensation whatsoever, nor
33 shall it apply to any publication issued by any legally
34 constituted election official in the performance of his or
-51- LRB9001889OBpk
1 her duties.
2 The attribution of source required by this subsection
3 Section shall be in addition to the notice required on
4 political literature soliciting funds as prescribed by
5 Section 9-9 of this Code.
6 (Source: P.A. 81-1433.)
7 (30 ILCS 560/Act rep.)
8 Section 45. The Public Works Preference Act, which
9 requires that only Illinois laborers be hired for building
10 public works and was held unconstitutional by the Illinois
11 Supreme Court in People ex rel Bernardi v. Leary Const. Co.
12 Inc., 102 Ill. 2d 295 (1984), as a violation of the
13 privileges and immunities clause of the U.S. Constitution, is
14 repealed.
15 (35 ILCS 520/Act rep.)
16 Section 50. The Cannabis and Controlled Substances Tax
17 Act is repealed in response to the Illinois Supreme Court
18 decision in Wilson v. Department of Revenue, 169 Ill. 2d 306
19 (1996), which decision held that the Act violates the
20 constitutional prohibition against double jeopardy.
21 Section 55. The Statewide Grand Jury Act is amended by
22 changing Sections 2 and 3 to remove cross-references to the
23 Cannabis and Controlled Substances Tax Act which is repealed
24 in the preceding Section, the amended Sections to read as
25 follows:
26 (725 ILCS 215/2) (from Ch. 38, par. 1702)
27 Sec. 2. County grand juries and State's Attorneys have
28 always had and shall continue to have primary responsibility
29 for investigating, indicting, and prosecuting persons who
30 violate the criminal laws of the State of Illinois. However,
-52- LRB9001889OBpk
1 in recent years certain criminal enterprises have developed
2 that require investigation, indictment, and prosecution on a
3 statewide or multicounty level. These enterprises exist as a
4 result of the allure of profitability present in narcotic
5 activity, the unlawful sale and transfer of firearms, and
6 streetgang related felonies. In order to weaken or eliminate
7 these enterprises, the profit must be removed. State statutes
8 exist that can accomplish that goal. Among them are the
9 offense of money laundering, the Cannabis and Controlled
10 Substances Tax Act, the Narcotics Profit Forfeiture Act, and
11 gunrunning. Local prosecutors need investigative personnel
12 and specialized training to attack and eliminate these
13 profits. In light of the transitory and complex nature of
14 conduct that constitutes these criminal activities, the many
15 diverse property interests that may be acquired directly or
16 indirectly as a result of these criminal activities, and the
17 many places that illegally obtained property may be located,
18 it is the purpose of this Act to create a limited,
19 multicounty Statewide Grand Jury with authority to
20 investigate, indict, and prosecute: narcotic activity,
21 including cannabis and controlled substance trafficking,
22 narcotics racketeering, and money laundering, and violations
23 of the Cannabis and Controlled Substances Tax Act; the
24 unlawful sale and transfer of firearms; gunrunning; and
25 streetgang related felonies.
26 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95.)
27 (725 ILCS 215/3) (from Ch. 38, par. 1703)
28 (Text of Section before amendment by P.A. 89-688)
29 Sec. 3. Written application for the appointment of a
30 Circuit Judge to convene and preside over a Statewide Grand
31 Jury, with jurisdiction extending throughout the State, shall
32 be made to the Chief Justice of the Supreme Court. Upon such
33 written application, the Chief Justice of the Supreme Court
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1 shall appoint a Circuit Judge from the circuit where the
2 Statewide Grand Jury is being sought to be convened, who
3 shall make a determination that the convening of a Statewide
4 Grand Jury is necessary.
5 In such application the Attorney General shall state that
6 the convening of a Statewide Grand Jury is necessary because
7 of an alleged offense or offenses set forth in this Section
8 involving more than one county of the State and identifying
9 any such offense alleged; and
10 (a) that he or she believes that the grand jury
11 function for the investigation and indictment of the
12 offense or offenses cannot effectively be performed by a
13 county grand jury together with the reasons for such
14 belief, and
15 (b) (1) that each State's Attorney with
16 jurisdiction over an offense or offenses to be
17 investigated has consented to the impaneling of the
18 Statewide Grand Jury, or
19 (2) if one or more of the State's Attorneys
20 having jurisdiction over an offense or offenses to
21 be investigated fails to consent to the impaneling
22 of the Statewide Grand Jury, the Attorney General
23 shall set forth good cause for impaneling the
24 Statewide Grand Jury.
25 If the Circuit Judge determines that the convening of a
26 Statewide Grand Jury is necessary, he or she shall convene
27 and impanel the Statewide Grand Jury with jurisdiction
28 extending throughout the State to investigate and return
29 indictments:
30 (a) For violations of any of the following or for
31 any other criminal offense committed in the course of
32 violating any of the following: the Illinois Controlled
33 Substances Act, the Cannabis Control Act, the Narcotics
34 Profit Forfeiture Act, or the Cannabis and Controlled
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1 Substances Tax Act; a streetgang related felony offense;
2 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3,
3 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
4 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
5 24-1(c) of the Criminal Code of 1961; or a money
6 laundering offense; provided that the violation or
7 offense involves Acts occurring in more than one county
8 of this State; and
9 (b) For the offenses of perjury, subornation of
10 perjury, communicating with jurors and witnesses, and
11 harassment of jurors and witnesses, as they relate to
12 matters before the Statewide Grand Jury.
13 "Streetgang related" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95.)
17 (Text of Section after amendment by P.A. 89-688)
18 Sec. 3. Written application for the appointment of a
19 Circuit Judge to convene and preside over a Statewide Grand
20 Jury, with jurisdiction extending throughout the State, shall
21 be made to the Chief Justice of the Supreme Court. Upon such
22 written application, the Chief Justice of the Supreme Court
23 shall appoint a Circuit Judge from the circuit where the
24 Statewide Grand Jury is being sought to be convened, who
25 shall make a determination that the convening of a Statewide
26 Grand Jury is necessary.
27 In such application the Attorney General shall state that
28 the convening of a Statewide Grand Jury is necessary because
29 of an alleged offense or offenses set forth in this Section
30 involving more than one county of the State and identifying
31 any such offense alleged; and
32 (a) that he or she believes that the grand jury
33 function for the investigation and indictment of the
34 offense or offenses cannot effectively be performed by a
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1 county grand jury together with the reasons for such
2 belief, and
3 (b) (1) that each State's Attorney with
4 jurisdiction over an offense or offenses to be
5 investigated has consented to the impaneling of the
6 Statewide Grand Jury, or
7 (2) if one or more of the State's Attorneys
8 having jurisdiction over an offense or offenses to
9 be investigated fails to consent to the impaneling
10 of the Statewide Grand Jury, the Attorney General
11 shall set forth good cause for impaneling the
12 Statewide Grand Jury.
13 If the Circuit Judge determines that the convening of a
14 Statewide Grand Jury is necessary, he or she shall convene
15 and impanel the Statewide Grand Jury with jurisdiction
16 extending throughout the State to investigate and return
17 indictments:
18 (a) For violations of any of the following or for
19 any other criminal offense committed in the course of
20 violating any of the following: the Illinois Controlled
21 Substances Act, the Cannabis Control Act, or the
22 Narcotics Profit Forfeiture Act, or the Cannabis and
23 Controlled Substances Tax Act; a streetgang related
24 felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A,
25 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
26 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
27 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or
28 a money laundering offense; provided that the violation
29 or offense involves Acts occurring in more than one
30 county of this State; and
31 (b) For the offenses of perjury, subornation of
32 perjury, communicating with jurors and witnesses, and
33 harassment of jurors and witnesses, as they relate to
34 matters before the Statewide Grand Jury.
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1 "Streetgang related" has the meaning ascribed to it in
2 Section 10 of the Illinois Streetgang Terrorism Omnibus
3 Prevention Act.
4 Upon written application by the Attorney General for the
5 convening of an additional Statewide Grand Jury, the Chief
6 Justice of the Supreme Court shall appoint a Circuit Judge
7 from the circuit for which the additional Statewide Grand
8 Jury is sought. The Circuit Judge shall determine the
9 necessity for an additional Statewide Grand Jury in
10 accordance with the provisions of this Section. No more than
11 2 Statewide Grand Juries may be empaneled at any time.
12 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95;
13 89-688, eff. 6-1-97.)
14 (35 ILCS 200/20-180 rep.)
15 (35 ILCS 200/20-185 rep.)
16 Section 60. The Property Tax Code is amended by
17 repealing Sections 20-180 and 20-185 in response to the
18 Illinois Supreme Court's decision in George D. Hardin, Inc.
19 v. Village of Mt. Prospect, 99 Ill. 2d 96 (1983), which
20 decision held that these Sections, which permit delinquent
21 real estate taxes, special assessments, and bonds secured by
22 uncollectible revenues to be declared "uncollectible" after
23 30 years and permit the use of any remaining funds for
24 similar purposes (in the case of special assessments) or
25 general corporate purposes (in the case of bonds declared
26 "Cancelled-Revenue Uncollectible"), are an unconstitutional
27 impairment of contractual obligations.
28 Section 65. The Fire Protection District Act is amended
29 by changing Section 14.14 to delete the provision limiting
30 the Section's application to counties of a certain population
31 in response to the Illinois Supreme Court decision in In re
32 Petition of the Village of Vernon Hills, 168 Ill. 2d 117
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1 (1995), which decision held that the county population
2 limitation made the Section an unconstitutional special or
3 local law, the amended Section to read as follows:
4 (70 ILCS 705/14.14) (from Ch. 127 1/2, par. 34.14)
5 Sec. 14.14. Disconnection and transfer.
6 (a) In a county having a population of between 500,000
7 and 750,000, Territory within the boundaries of a non-home
8 rule municipality that receives fire protection services from
9 more than a single fire protection district may be
10 disconnected from one fire protection district and
11 transferred to the district that provides services to the
12 area comprising more than 80% of the municipality's assessed
13 valuation. To disconnect that territory, the board of
14 trustees of one of the affected districts, the corporate
15 authorities of the municipality, or 5% of the owners of
16 property within the territory to be disconnected may file a
17 petition in the court in which the district (from which
18 disconnection is sought) was organized, setting forth the
19 following:
20 (1) The description of the territory sought to be
21 transferred.
22 (2) A statement that:
23 (A) more than 80% of the assessed valuation of
24 the municipality lies within one district;
25 (B) more than 90% of the residents of the
26 municipality reside within that same district;
27 (C) the territory to be transferred contains
28 less than 10% of the total assessed valuation and
29 total number of residents of the affected district;
30 (D) the territory to be transferred consists
31 of all the territory within the municipality
32 serviced by the district from which disconnection is
33 sought;
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1 (E) the district to which the territory is to
2 be transferred agrees to the transfer, as evidenced
3 by passage of a resolution by its board of trustees;
4 (F) the transfer will not impair the ability
5 of the affected districts to render fully adequate
6 fire protection services to their residents; and
7