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91_SB0745
LRB9101253EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 1999 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to include the different versions of the Section
24 found in the Public Acts included in the list of sources, but
25 may not include other versions of the Section to be found in
26 Public Acts not included in the list of sources. The list of
27 sources is not a part of the text of the Section.
28 (d) Public Acts 90-567 through 90-810 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
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1 Section 5. The Regulatory Sunset Act is amended by
2 changing Section 4.18 as follows:
3 (5 ILCS 80/4.18)
4 Sec. 4.18. Acts repealed January 1, 2008. The following
5 Acts are repealed on January 1, 2008:
6 The Acupuncture Practice Act.
7 The Clinical Social Work and Social Work Practice Act.
8 The Home Medical Equipment and Services Provider License
9 Act.
10 The Illinois Nursing and Advanced Practice Nursing Act of
11 1987.
12 The Illinois Petroleum Education and Marketing Act.
13 The Illinois Speech-Language Pathology and Audiology
14 Practice Act.
15 The Marriage and Family Therapy Licensing Act.
16 The Nursing Home Administrators Licensing and
17 Disciplinary Act.
18 The Pharmacy Practice Act of 1987.
19 The Physician Assistant Practice Act of 1987.
20 The Podiatric Medical Practice Act of 1987.
21 The Real Estate Appraiser Licensing Act.
22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; 90-571,
25 eff. 7-1-98; incorporates 90-614, eff. 7-10-98; 90-655, eff
26 7-30-98; revised 9-23-98.)
27 (5 ILCS 80/4.19 rep.)
28 Section 5.1. The Regulatory Sunset Act is amended by
29 repealing Section 4.19 as added by Public Act 90-614.
30 Section 6. The Illinois Administrative Procedure Act is
31 amended by changing Sections 5-45 and 5-100 as follows:
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1 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
2 Sec. 5-45. Emergency rulemaking.
3 (a) "Emergency" means the existence of any situation
4 that any agency finds reasonably constitutes a threat to the
5 public interest, safety, or welfare.
6 (b) If any agency finds that an emergency exists that
7 requires adoption of a rule upon fewer days than is required
8 by Section 5-40 and states in writing its reasons for that
9 finding, the agency may adopt an emergency rule without prior
10 notice or hearing upon filing a notice of emergency
11 rulemaking with the Secretary of State under Section 5-70.
12 The notice shall include the text of the emergency rule and
13 shall be published in the Illinois Register. Consent orders
14 or other court orders adopting settlements negotiated by an
15 agency may be adopted under this Section. Subject to
16 applicable constitutional or statutory provisions, an
17 emergency rule becomes effective immediately upon filing
18 under Section 5-65 or at a stated date less than 10 days
19 thereafter. The agency's finding and a statement of the
20 specific reasons for the finding shall be filed with the
21 rule. The agency shall take reasonable and appropriate
22 measures to make emergency rules known to the persons who may
23 be affected by them.
24 (c) An emergency rule may be effective for a period of
25 not longer than 150 days, but the agency's authority to adopt
26 an identical rule under Section 5-40 is not precluded. No
27 emergency rule may be adopted more than once in any 24 month
28 period, except that this limitation on the number of
29 emergency rules that may be adopted in a 24 month period does
30 not apply to (i) emergency rules that make additions to and
31 deletions from the Drug Manual under Section 5-5.16 of the
32 Illinois Public Aid Code or the generic drug formulary under
33 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
34 (ii) emergency rules adopted by the Pollution Control Board
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1 before July 1, 1997 to implement portions of the Livestock
2 Management Facilities Act. Two or more emergency rules
3 having substantially the same purpose and effect shall be
4 deemed to be a single rule for purposes of this Section.
5 (d) In order to provide for the expeditious and timely
6 implementation of the State's fiscal year 1999 budget,
7 emergency rules to implement any provision of Public Act
8 90-587 or 90-588 this amendatory Act of 1998 or any other
9 budget initiative for fiscal year 1999 may be adopted in
10 accordance with this Section by the agency charged with
11 administering that provision or initiative, except that the
12 24-month limitation on the adoption of emergency rules and
13 the provisions of Sections 5-115 and 5-125 do not apply to
14 rules adopted under this subsection (d). The adoption of
15 emergency rules authorized by this subsection (d) shall be
16 deemed to be necessary for the public interest, safety, and
17 welfare.
18 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
19 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
20 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
21 Sec. 5-80. Publication of rules.
22 (a) The Secretary of State shall, by rule, prescribe a
23 uniform system for the codification of rules. The Secretary
24 of State shall also, by rule, establish a schedule for
25 compliance with the uniform codification system. The
26 Secretary of State shall not adopt any codification system or
27 schedule under this subsection without the approval of the
28 Joint Committee on Administrative Rules. Approval by the
29 Joint Committee shall be conditioned solely upon establishing
30 that the proposed codification system and schedule are
31 compatible with existing electronic data processing equipment
32 and programs maintained by and for the General Assembly.
33 Nothing in this Section shall prohibit an agency from
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1 adopting rules in compliance with the codification system
2 earlier than specified in the schedule.
3 (b) Each rule proposed in compliance with the
4 codification system shall be reviewed by the Secretary of
5 State before the expiration of the public notice period under
6 subsection (b) of Section 5-40. The Secretary of State shall
7 cooperate with agencies in the Secretary of State's review to
8 insure that the purposes of the codification system are
9 accomplished. The Secretary of State shall have the authority
10 to make changes in the numbering and location of the rule in
11 the codification scheme if those changes do not affect the
12 meaning of the rules. The Secretary of State may recommend
13 changes in the sectioning and headings proposed by the agency
14 and suggest grammatical and technical changes to correct
15 errors. The Secretary of State may add notes concerning the
16 statutory authority, dates proposed and adopted, and other
17 similar notes to the text of the rules, if the notes are not
18 supplied by the agency. This review by the Secretary of
19 State shall be for the purpose of insuring the uniformity of
20 and compliance with the codification system. The Secretary
21 of State shall prepare indexes by agency, subject matter, and
22 statutory authority and any other necessary indexes, tables,
23 and other aids for locating rules to assist the public in the
24 use of the Code.
25 (c) The Secretary of State shall make available to the
26 agency and the Joint Committee on Administrative Rules copies
27 of the changes in the numbering and location of the rule in
28 the codification scheme, the recommended changes in the
29 sectioning and headings, and the suggestions made concerning
30 the correction of grammatical and technical errors or other
31 suggested changes. The agency, in the notice required by
32 subsection (c) of Section 5-40, shall provide to the Joint
33 Committee a response to the recommendations of the Secretary
34 of State including any reasons for not adopting the
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1 recommendations.
2 (d) If a reorganization of agencies, transfer of
3 functions between agencies, or abolishment of agencies by
4 executive order or law affects rules on file with the
5 Secretary of State, the Secretary of State shall notify the
6 Governor, the Attorney General, and the agencies involved of
7 the effects upon the rules on file. If the Governor or the
8 agencies involved do not respond to the Secretary of State's
9 notice within 45 days by instructing the Secretary of State
10 to delete or transfer the rules, the Secretary of State may
11 delete or place the rules under the appropriate agency for
12 the purpose of insuring the consistency of the codification
13 scheme and shall notify the Governor, the Attorney General,
14 and the agencies involved.
15 (e) (Blank).
16 (f) The Secretary of State shall ensure that the
17 Illinois Administrative Code is published and made available
18 to the public in a form that is updated at least annually.
19 The Code shall contain the complete text of all rules of all
20 State agencies filed with the Secretary's office and
21 effective on October 1, 1984, or later and the indexes,
22 tables, and other aids for locating rules prepared by the
23 Secretary of State. The Secretary of State shall design the
24 Illinois Register to supplement the Code. The Secretary of
25 State shall ensure that copies of the Illinois Register are
26 available to the public and governmental entities and
27 agencies.
28 If the Secretary of State determines that the Secretary's
29 office will publish and distribute either the Register or the
30 Code, the Secretary shall make copies available to the public
31 at a reasonable fee, established by the Secretary by rule,
32 and shall make copies available to governmental entities and
33 agencies at a price covering publication and mailing costs
34 only.
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1 The Secretary of State shall make the electronically
2 stored database of the Illinois Register and the Code
3 available in accordance with this Section and Section 5.08 of
4 the Legislative Information System Act.
5 (g) The publication of a rule in the Code or in the
6 Illinois Register as an adopted rule shall establish a
7 rebuttable presumption that the rule was duly filed and that
8 the text of the rule as published in the Code is the text of
9 the rule as adopted. Publication of the text of a rule in any
10 other location whether by the agency or some other person
11 shall not be taken as establishing such a presumption.
12 Judicial or official notice shall be taken of the text of
13 each rule published in the Code or Register.
14 (h) The codification system, the indexes, tables, and
15 other aids for locating rules prepared by the Secretary of
16 State, notes, and other materials developed under this
17 Section in connection with the publication of the Illinois
18 Administrative Code and the Illinois Register shall be the
19 official compilations of the administrative rules of Illinois
20 and shall be entirely in the public domain for purposes of
21 federal copyright law.
22 (i) The Legislative Information System shall maintain on
23 its electronic data processing equipment the complete text of
24 the Illinois Register and Illinois Administrative Code
25 created in compliance with this Act. This electronic
26 information shall be made available for use in the
27 publication of the Illinois Register and Illinois
28 Administrative Code by the Secretary of State if the
29 Secretary determines that his office will publish these
30 materials as authorized by subsection (f).
31 (j) The Legislative Information System, upon
32 consultation with the Joint Committee on Administrative Rules
33 and the Secretary of State, shall make the electronically
34 stored database of the Illinois Register and the Illinois
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1 Administrative Code available in an electronically stored
2 medium to those who request it. The Legislative Information
3 System shall establish and charge a reasonable fee for
4 providing the electronic information. Amounts received under
5 this Section shall be deposited into the General Assembly
6 Computer Equipment Revolving Fund.
7 (Source: P.A. 87-823; 88-535; revised 10-31-98.)
8 Section 7. The Freedom of Information Act is amended by
9 changing Section 7 as follows:
10 (5 ILCS 140/7) (from Ch. 116, par. 207)
11 Sec. 7. Exemptions.
12 (1) The following shall be exempt from inspection and
13 copying:
14 (a) Information specifically prohibited from
15 disclosure by federal or State law or rules and
16 regulations adopted under federal or State law.
17 (b) Information that, if disclosed, would
18 constitute a clearly unwarranted invasion of personal
19 privacy, unless the disclosure is consented to in writing
20 by the individual subjects of the information. The
21 disclosure of information that bears on the public duties
22 of public employees and officials shall not be considered
23 an invasion of personal privacy. Information exempted
24 under this subsection (b) shall include but is not
25 limited to:
26 (i) files and personal information maintained
27 with respect to clients, patients, residents,
28 students or other individuals receiving social,
29 medical, educational, vocational, financial,
30 supervisory or custodial care or services directly
31 or indirectly from federal agencies or public
32 bodies;
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1 (ii) personnel files and personal information
2 maintained with respect to employees, appointees or
3 elected officials of any public body or applicants
4 for those positions;
5 (iii) files and personal information
6 maintained with respect to any applicant, registrant
7 or licensee by any public body cooperating with or
8 engaged in professional or occupational
9 registration, licensure or discipline;
10 (iv) information required of any taxpayer in
11 connection with the assessment or collection of any
12 tax unless disclosure is otherwise required by State
13 statute; and
14 (v) information revealing the identity of
15 persons who file complaints with or provide
16 information to administrative, investigative, law
17 enforcement or penal agencies; provided, however,
18 that identification of witnesses to traffic
19 accidents, traffic accident reports, and rescue
20 reports may be provided by agencies of local
21 government, except in a case for which a criminal
22 investigation is ongoing, without constituting a
23 clearly unwarranted per se invasion of personal
24 privacy under this subsection.
25 (c) Records compiled by any public body for
26 administrative enforcement proceedings and any law
27 enforcement or correctional agency for law enforcement
28 purposes or for internal matters of a public body, but
29 only to the extent that disclosure would:
30 (i) interfere with pending or actually and
31 reasonably contemplated law enforcement proceedings
32 conducted by any law enforcement or correctional
33 agency;
34 (ii) interfere with pending administrative
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1 enforcement proceedings conducted by any public
2 body;
3 (iii) deprive a person of a fair trial or an
4 impartial hearing;
5 (iv) unavoidably disclose the identity of a
6 confidential source or confidential information
7 furnished only by the confidential source;
8 (v) disclose unique or specialized
9 investigative techniques other than those generally
10 used and known or disclose internal documents of
11 correctional agencies related to detection,
12 observation or investigation of incidents of crime
13 or misconduct;
14 (vi) constitute an invasion of personal
15 privacy under subsection (b) of this Section;
16 (vii) endanger the life or physical safety of
17 law enforcement personnel or any other person; or
18 (viii) obstruct an ongoing criminal
19 investigation.
20 (d) Criminal history record information maintained
21 by State or local criminal justice agencies, except the
22 following which shall be open for public inspection and
23 copying:
24 (i) chronologically maintained arrest
25 information, such as traditional arrest logs or
26 blotters;
27 (ii) the name of a person in the custody of a
28 law enforcement agency and the charges for which
29 that person is being held;
30 (iii) court records that are public;
31 (iv) records that are otherwise available
32 under State or local law; or
33 (v) records in which the requesting party is
34 the individual identified, except as provided under
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1 part (vii) of paragraph (c) of subsection (1) of
2 this Section.
3 "Criminal history record information" means data
4 identifiable to an individual and consisting of
5 descriptions or notations of arrests, detentions,
6 indictments, informations, pre-trial proceedings, trials,
7 or other formal events in the criminal justice system or
8 descriptions or notations of criminal charges (including
9 criminal violations of local municipal ordinances) and
10 the nature of any disposition arising therefrom,
11 including sentencing, court or correctional supervision,
12 rehabilitation and release. The term does not apply to
13 statistical records and reports in which individuals are
14 not identified and from which their identities are not
15 ascertainable, or to information that is for criminal
16 investigative or intelligence purposes.
17 (e) Records that relate to or affect the security
18 of correctional institutions and detention facilities.
19 (f) Preliminary drafts, notes, recommendations,
20 memoranda and other records in which opinions are
21 expressed, or policies or actions are formulated, except
22 that a specific record or relevant portion of a record
23 shall not be exempt when the record is publicly cited and
24 identified by the head of the public body. The exemption
25 provided in this paragraph (f) extends to all those
26 records of officers and agencies of the General Assembly
27 that pertain to the preparation of legislative documents.
28 (g) Trade secrets and commercial or financial
29 information obtained from a person or business where the
30 trade secrets or information are proprietary, privileged
31 or confidential, or where disclosure of the trade secrets
32 or information may cause competitive harm, including all
33 information determined to be confidential under Section
34 4002 of the Technology Advancement and Development Act.
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1 Nothing contained in this paragraph (g) shall be
2 construed to prevent a person or business from consenting
3 to disclosure.
4 (h) Proposals and bids for any contract, grant, or
5 agreement, including information which if it were
6 disclosed would frustrate procurement or give an
7 advantage to any person proposing to enter into a
8 contractor agreement with the body, until an award or
9 final selection is made. Information prepared by or for
10 the body in preparation of a bid solicitation shall be
11 exempt until an award or final selection is made.
12 (i) Valuable formulae, designs, drawings and
13 research data obtained or produced by any public body
14 when disclosure could reasonably be expected to produce
15 private gain or public loss.
16 (j) Test questions, scoring keys and other
17 examination data used to administer an academic
18 examination or determined the qualifications of an
19 applicant for a license or employment.
20 (k) Architects' plans and engineers' technical
21 submissions for projects not constructed or developed in
22 whole or in part with public funds and for projects
23 constructed or developed with public funds, to the extent
24 that disclosure would compromise security.
25 (l) Library circulation and order records
26 identifying library users with specific materials.
27 (m) Minutes of meetings of public bodies closed to
28 the public as provided in the Open Meetings Act until the
29 public body makes the minutes available to the public
30 under Section 2.06 of the Open Meetings Act.
31 (n) Communications between a public body and an
32 attorney or auditor representing the public body that
33 would not be subject to discovery in litigation, and
34 materials prepared or compiled by or for a public body in
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1 anticipation of a criminal, civil or administrative
2 proceeding upon the request of an attorney advising the
3 public body, and materials prepared or compiled with
4 respect to internal audits of public bodies.
5 (o) Information received by a primary or secondary
6 school, college or university under its procedures for
7 the evaluation of faculty members by their academic
8 peers.
9 (p) Administrative or technical information
10 associated with automated data processing operations,
11 including but not limited to software, operating
12 protocols, computer program abstracts, file layouts,
13 source listings, object modules, load modules, user
14 guides, documentation pertaining to all logical and
15 physical design of computerized systems, employee
16 manuals, and any other information that, if disclosed,
17 would jeopardize the security of the system or its data
18 or the security of materials exempt under this Section.
19 (q) Documents or materials relating to collective
20 negotiating matters between public bodies and their
21 employees or representatives, except that any final
22 contract or agreement shall be subject to inspection and
23 copying.
24 (r) Drafts, notes, recommendations and memoranda
25 pertaining to the financing and marketing transactions of
26 the public body. The records of ownership, registration,
27 transfer, and exchange of municipal debt obligations, and
28 of persons to whom payment with respect to these
29 obligations is made.
30 (s) The records, documents and information relating
31 to real estate purchase negotiations until those
32 negotiations have been completed or otherwise terminated.
33 With regard to a parcel involved in a pending or actually
34 and reasonably contemplated eminent domain proceeding
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1 under Article VII of the Code of Civil Procedure,
2 records, documents and information relating to that
3 parcel shall be exempt except as may be allowed under
4 discovery rules adopted by the Illinois Supreme Court.
5 The records, documents and information relating to a real
6 estate sale shall be exempt until a sale is consummated.
7 (t) Any and all proprietary information and records
8 related to the operation of an intergovernmental risk
9 management association or self-insurance pool or jointly
10 self-administered health and accident cooperative or
11 pool.
12 (u) Information concerning a university's
13 adjudication of student or employee grievance or
14 disciplinary cases, to the extent that disclosure would
15 reveal the identity of the student or employee and
16 information concerning any public body's adjudication of
17 student or employee grievances or disciplinary cases,
18 except for the final outcome of the cases.
19 (v) Course materials or research materials used by
20 faculty members.
21 (w) Information related solely to the internal
22 personnel rules and practices of a public body.
23 (x) Information contained in or related to
24 examination, operating, or condition reports prepared by,
25 on behalf of, or for the use of a public body responsible
26 for the regulation or supervision of financial
27 institutions or insurance companies, unless disclosure is
28 otherwise required by State law.
29 (y) Information the disclosure of which is
30 restricted under Section 5-108 of the Public Utilities
31 Act.
32 (z) Manuals or instruction to staff that relate to
33 establishment or collection of liability for any State
34 tax or that relate to investigations by a public body to
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1 determine violation of any criminal law.
2 (aa) Applications, related documents, and medical
3 records received by the Experimental Organ
4 Transplantation Procedures Board and any and all
5 documents or other records prepared by the Experimental
6 Organ Transplantation Procedures Board or its staff
7 relating to applications it has received.
8 (bb) Insurance or self insurance (including any
9 intergovernmental risk management association or self
10 insurance pool) claims, loss or risk management
11 information, records, data, advice or communications.
12 (cc) Information and records held by the Department
13 of Public Health and its authorized representatives
14 relating to known or suspected cases of sexually
15 transmissible disease or any information the disclosure
16 of which is restricted under the Illinois Sexually
17 Transmissible Disease Control Act.
18 (dd) Information the disclosure of which is
19 exempted under Section 30 of the Radon Industry Licensing
20 Act.
21 (ee) Firm performance evaluations under Section 55
22 of the Architectural, Engineering, and Land Surveying
23 Qualifications Based Selection Act.
24 (ff) Security portions of system safety program
25 plans, investigation reports, surveys, schedules, lists,
26 data, or information compiled, collected, or prepared by
27 or for the Regional Transportation Authority under
28 Section 2.11 of the Regional Transportation Authority Act
29 or the State of Missouri under the Bi-State Transit
30 Safety Act.
31 (gg) Information the disclosure of which is
32 restricted and exempted under Section 50 of the Illinois
33 Prepaid Tuition Act.
34 (hh) Information the disclosure of which is
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1 exempted under Section 80 of the State Gift Ban Act.
2 (ii) Beginning July 1, 1999, (hh) information that
3 would disclose or might lead to the disclosure of secret
4 or confidential information, codes, algorithms, programs,
5 or private keys intended to be used to create electronic
6 or digital signatures under the Electronic Commerce
7 Security Act.
8 (2) This Section does not authorize withholding of
9 information or limit the availability of records to the
10 public, except as stated in this Section or otherwise
11 provided in this Act.
12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
13 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
14 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
15 Section 8. The Illinois Notary Public Act is amended by
16 changing Sections 2-104 and 3-106 as follows:
17 (5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
18 Sec. 2-104. Oath. Every applicant for appointment and
19 commission as a notary public shall take the following oath
20 in the presence of a person qualified to administer an oath
21 in this State:
22 "I, (name of applicant), solemnly affirm, under the
23 penalty of perjury, that the answers to all questions in this
24 application are true, complete, and correct; that I have
25 carefully read the notary law of this State; and that, if
26 appointed and commissioned as a notary public, I will perform
27 faithfully, to the best of my ability, all notarial acts in
28 accordance with the law.
29 ................. (Signature of applicant)
30 Subscribed and affirmed before me on (insert date). this
31 ____ day of ____, 19__.
32 ................... (Official signature and official seal
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1 of notary)".
2 (Source: P.A. 84-322; revised 10-20-98.)
3 (5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
4 Sec. 3-106. Certificate of Authority. Upon the receipt
5 of a written request, the notarized document, and a fee of $2
6 payable to the Secretary of State or County Clerk, the Office
7 of the Secretary of State or County Clerk shall provide a
8 certificate of authority in substantially the following form:
9 I ............... (Secretary of State or ......... County
10 Clerk) of the State of Illinois, which office is an office of
11 record having a seal, certify that ........ (notary's name),
12 by whom the foregoing or annexed document was notarized, was,
13 on (insert date), the ____ day of ____, 19__, appointed and
14 commissioned a notary public in and for the State of Illinois
15 and that as such, full faith and credit is and ought to be
16 given to this notary's official attestations. In testimony
17 whereof, I have affixed my signature and the seal of this
18 office on (insert date). this ____ day of ____, 19__.
19 ................................................
20 (Secretary of State or ...... County Clerk).
21 (Source: P.A. 84-322; revised 10-20-98.)
22 Section 9. The Voluntary Payroll Deductions Act of 1983
23 is amended by changing Sections 3 and 7 as follows:
24 (5 ILCS 340/3) (from Ch. 15, par. 503)
25 Sec. 3. Definitions. As used in this Act unless the
26 context otherwise requires:
27 (a) "Employee" means any regular officer or employee who
28 receives salary or wages for personal services rendered to
29 the State of Illinois.
30 (b) "Qualified organization" means an organization
31 representing one or more benefiting agencies, which
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1 organization is designated by the State Comptroller as
2 qualified to receive payroll deductions under this Act. An
3 organization desiring to be designated as a qualified
4 organization shall:
5 (1) Submit written designations on forms approved
6 by the State Comptroller by 4,000 or more employees, in
7 which such employees indicate that the organization is
8 one for which the employee intends to authorize
9 withholding. The forms shall require the name, social
10 security number, and employing State agency for each
11 employee. Upon notification by the Comptroller that such
12 forms have been approved, the organization shall, within
13 30 days, notify in writing the Governor or his designee
14 of its intention to obtain the required number of
15 designations. Such organization shall have 12 months
16 from that date, to obtain the necessary designations. The
17 signed forms and signatures on the forms shall be subject
18 to verification by the State Comptroller;
19 (2) Certify that all benefiting agencies are tax
20 exempt under Section 501(c)(3) of the Internal Revenue
21 Code;
22 (3) Certify that all benefiting agencies are in
23 compliance with the Illinois Human Rights Act;
24 (4) Certify that all benefiting agencies are in
25 compliance with the Charitable Trust Act and the
26 Solicitation for Charity Act;
27 (5) Certify that all benefiting agencies actively
28 conduct health or welfare programs and provide services
29 to individuals directed at one or more of the following
30 common human needs within a community: service, research,
31 and education in the health fields; family and child care
32 services; protective services for children and adults;
33 services for children and adults in foster care; services
34 related to the management and maintenance of the home;
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1 day care services for adults; transportation services;
2 information, referral and counseling services; services
3 to eliminate illiteracy; the preparation and delivery of
4 meals; adoption services; emergency shelter care and
5 relief services; disaster relief services; safety
6 services; neighborhood and community organization
7 services; recreation services; social adjustment and
8 rehabilitation services; health support services; or a
9 combination of such services designed to meet the special
10 needs of specific groups, such as children and youth, the
11 ill and infirm, and the physically handicapped; and that
12 all such benefiting agencies provide the above described
13 services to individuals and their families in the
14 community and surrounding area in which the organization
15 conducts its fund drive, or that such benefiting agencies
16 provide relief to victims of natural disasters and other
17 emergencies on a where and as needed basis;
18 (6) Certify that the organization has disclosed the
19 percentage of the organization's total collected receipts
20 from employees that are distributed to the benefiting
21 agencies and the percentage of the organization's total
22 collected receipts from employees that are expended for
23 fund-raising and overhead costs. These percentages shall
24 be the same percentage figures annually disclosed by the
25 organization to the Attorney General. The disclosure
26 shall be made to all solicited employees and shall be in
27 the form of a factual statement on all petitions and in
28 the campaign's employee brochure;
29 (7) Certify that all benefiting agencies receiving
30 funds which the employee has requested or designated for
31 distribution to a particular community and surrounding
32 area use a majority of such funds distributed for
33 services in the actual provision of services in that
34 community and surrounding area;
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1 (8) Certify that neither it nor its member
2 organizations will solicit State employees for
3 contributions at their workplace, except pursuant to this
4 Act and the rules promulgated thereunder. Each qualified
5 organization, and each participating United Fund, is
6 encouraged to cooperate with all others and with all
7 State agencies and educational institutions so as to
8 simplify procedures, to resolve differences and to
9 minimize costs;
10 (9) Certify that it will pay its share of the
11 campaign costs and will comply with the Code of Campaign
12 Conduct as approved by the Governor or other agency as
13 designated by the Governor;
14 (10) Certify that it maintains a year-round office,
15 the telephone number, and person responsible for the
16 operations of the organization in Illinois. That
17 information shall be provided to the State Comptroller at
18 the time the organization is seeking participation under
19 this Act; and
20 (11) Provide (i) an annual audit, in conformance
21 with generally accepted accounting procedures and current
22 to within 12 months of the organization's fiscal
23 year-end, (ii) Internal Revenue Service Form 990 covering
24 the same period as the submitted audit, and (iii) an
25 annual report of the organization's activities, current
26 to within 12 months of the organization's fiscal year. If
27 a qualifying organization represents more than one
28 benefiting agency, it shall also certify that the
29 documentation required by this paragraph is on file for
30 those agencies. The Comptroller is authorized to request
31 documentation of the qualifying organization for any or
32 all of the benefiting agencies upon written request. The
33 qualifying organization shall have 10 business days to
34 respond after it receives the request.
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1 Each qualified organization shall submit to the State
2 Comptroller between January 1 and March 1 of each year, a
3 statement that the organization is in compliance with all of
4 the requirements set forth in paragraphs (2) through (11).
5 The State Comptroller shall exclude any organization that
6 fails to submit the statement from the next solicitation
7 period.
8 In order to be designated as a qualified organization,
9 the organization shall have existed at least 2 years prior to
10 submitting the written designation forms required in
11 paragraph (1) and shall certify to the State Comptroller that
12 such organization has been providing services described in
13 paragraph (5) in Illinois. If the organization seeking
14 designation represents more than one benefiting agency, it
15 need not have existed for 2 years but shall certify to the
16 State Comptroller that each of its benefiting agencies has
17 existed for at least 2 years prior to submitting the written
18 designation forms required in paragraph (1) and that each has
19 been providing services described in paragraph (5) in
20 Illinois.
21 Organizations which have met the requirements of this Act
22 shall be permitted to participate in the State and
23 Universities Combined Appeal as of January 1st of the year
24 immediately following their approval by the Comptroller.
25 Where the certifications described in paragraphs (2),
26 (3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5,
27 6, 7, 8, 9, 10, and 11 above are made by an organization
28 representing more than one benefiting agency they shall be
29 based upon the knowledge and belief of such qualified
30 organization. Any qualified organization shall immediately
31 notify the State Comptroller in writing if the qualified
32 organization receives information or otherwise believes that
33 a benefiting agency is no longer in compliance with the
34 certification of the qualified organization. A qualified
-22- LRB9101253EGfg
1 organization representing more than one benefiting agency
2 shall thereafter withhold and refrain from distributing to
3 such benefiting agency those funds received pursuant to this
4 Act until the benefiting agency is again in compliance with
5 the qualified organization's certification. The qualified
6 organization shall immediately notify the State Comptroller
7 of the benefiting agency's resumed compliance with the
8 certification, based upon the qualified organization's
9 knowledge and belief, and shall pay over to the benefiting
10 agency those funds previously withheld.
11 The Comptroller shall, by February 1st of each year, so
12 notify any qualified organization that failed to receive at
13 least 500 payroll deduction pledges during each immediately
14 preceding solicitation period as set forth in Section 6. The
15 notification shall give such qualified organization until
16 March 1st to provide the Comptroller with documentation that
17 the 500 deduction requirement has been met. On the basis of
18 all the documentation, the Comptroller shall, by March 15th
19 of each year, submit to the Governor or his designee, or such
20 other agency as may be determined by the Governor, a list of
21 all organizations which have met the 500 payroll deduction
22 requirement. Only those organizations which have met such
23 requirements, as well as the other requirements of this
24 Section, shall be permitted to solicit State employees for
25 voluntary contributions and the Comptroller shall discontinue
26 withholding for any such organization which fails to meet
27 these requirements.
28 (c) "United Fund" means the organization conducting the
29 single, annual, consolidated effort to secure funds for
30 distribution to agencies engaged in charitable and public
31 health, welfare and services purposes, which is commonly
32 known as the United Fund, or the organization which serves in
33 place of the United Fund organization in communities where an
34 organization known as the United Fund is not organized.
-23- LRB9101253EGfg
1 (d) "State and Universities Employees Combined Appeal"
2 (SECA), otherwise known as "SECA", means the State-directed
3 joint effort of all of the qualified organizations, together
4 with the United Funds, for the solicitation of voluntary
5 contributions from State and University employees.
6 In order for a United Fund to participate in the State
7 and Universities Employees Combined Appeal, it shall comply
8 with the provisions of Section 3, paragraph (9) of subsection
9 (b).
10 (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)
11 (5 ILCS 340/7) (from Ch. 15, par. 507)
12 Sec. 7. Notwithstanding any other provision of this Act,
13 a participating organization or a United Fund may be denied
14 participation in SECA for willful failure to comply with the
15 provisions of paragraph (9) of subsection (b) of Section 3 of
16 this Act. The agency designated by the Governor under
17 paragraph (9) of subsection (b) of Section 3 of this Act
18 shall adopt rules providing for procedures for review by the
19 agency of alleged violations of that paragraph and
20 appropriate remedial sanctions for noncompliance. The rules
21 shall include an appeal procedure for any affected
22 participating organization or United Fund. The agency
23 designated by the Governor shall notify the Comptroller
24 immediately of any final decision to remove a qualified
25 organization or United Fund from participation in SECA.
26 (Source: P.A. 87-1053; revised 10-31-98.)
27 Section 9.1. The State Employees Group Insurance Act of
28 1971 is amended by changing Section 10 as follows:
29 (5 ILCS 375/10) (from Ch. 127, par. 530)
30 Sec. 10. Payments by State; premiums.
31 (a) The State shall pay the cost of basic
-24- LRB9101253EGfg
1 non-contributory group life insurance and, subject to member
2 paid contributions set by the Department or required by this
3 Section, the basic program of group health benefits on each
4 eligible member, except a member, not otherwise covered by
5 this Act, who has retired as a participating member under
6 Article 2 of the Illinois Pension Code but is ineligible for
7 the retirement annuity under Section 2-119 of the Illinois
8 Pension Code, and part of each eligible member's and retired
9 member's premiums for health insurance coverage for enrolled
10 dependents as provided by Section 9. The State shall pay the
11 cost of the basic program of group health benefits only after
12 benefits are reduced by the amount of benefits covered by
13 Medicare for all retired members and retired dependents aged
14 65 years or older who are entitled to benefits under Social
15 Security or the Railroad Retirement system or who had
16 sufficient Medicare-covered government employment except that
17 such reduction in benefits shall apply only to those retired
18 members or retired dependents who (1) first become eligible
19 for such Medicare coverage on or after July 1, 1992; or (2)
20 remain eligible for, but no longer receive Medicare coverage
21 which they had been receiving on or after July 1, 1992. The
22 Department may determine the aggregate level of the State's
23 contribution on the basis of actual cost of medical services
24 adjusted for age, sex or geographic or other demographic
25 characteristics which affect the costs of such programs.
26 (a-1) Beginning January 1, 1998, for each person who
27 becomes a new SERS annuitant and participates in the basic
28 program of group health benefits, the State shall contribute
29 toward the cost of the annuitant's coverage under the basic
30 program of group health benefits an amount equal to 5% of
31 that cost for each full year of creditable service upon which
32 the annuitant's retirement annuity is based, up to a maximum
33 of 100% for an annuitant with 20 or more years of creditable
34 service. The remainder of the cost of a new SERS annuitant's
-25- LRB9101253EGfg
1 coverage under the basic program of group health benefits
2 shall be the responsibility of the annuitant.
3 (a-2) Beginning January 1, 1998, for each person who
4 becomes a new SERS survivor and participates in the basic
5 program of group health benefits, the State shall contribute
6 toward the cost of the survivor's coverage under the basic
7 program of group health benefits an amount equal to 5% of
8 that cost for each full year of the deceased employee's or
9 deceased annuitant's creditable service in the State
10 Employees' Retirement System of Illinois on the date of
11 death, up to a maximum of 100% for a survivor of an employee
12 or annuitant with 20 or more years of creditable service.
13 The remainder of the cost of the new SERS survivor's coverage
14 under the basic program of group health benefits shall be the
15 responsibility of the survivor.
16 (a-3) Beginning January 1, 1998, for each person who
17 becomes a new SURS annuitant and participates in the basic
18 program of group health benefits, the State shall contribute
19 toward the cost of the annuitant's coverage under the basic
20 program of group health benefits an amount equal to 5% of
21 that cost for each full year of creditable service upon which
22 the annuitant's retirement annuity is based, up to a maximum
23 of 100% for an annuitant with 20 or more years of creditable
24 service. The remainder of the cost of a new SURS annuitant's
25 coverage under the basic program of group health benefits
26 shall be the responsibility of the annuitant.
27 (a-4) Beginning January 1, 1998, for each person who
28 becomes a new SURS retired employee and participates in the
29 basic program of group health benefits, the State shall
30 contribute toward the cost of the retired employee's coverage
31 under the basic program of group health benefits an amount
32 equal to 5% of that cost for each full year that the retired
33 employee was an employee as defined in Section 3, up to a
34 maximum of 100% for a retired employee who was an employee
-26- LRB9101253EGfg
1 for 20 or more years. The remainder of the cost of a new
2 SURS retired employee's coverage under the basic program of
3 group health benefits shall be the responsibility of the
4 retired employee.
5 (a-5) Beginning January 1, 1998, for each person who
6 becomes a new SURS survivor and participates in the basic
7 program of group health benefits, the State shall contribute
8 toward the cost of the survivor's coverage under the basic
9 program of group health benefits an amount equal to 5% of
10 that cost for each full year of the deceased employee's or
11 deceased annuitant's creditable service in the State
12 Universities Retirement System on the date of death, up to a
13 maximum of 100% for a survivor of an employee or annuitant
14 with 20 or more years of creditable service. The remainder
15 of the cost of the new SURS survivor's coverage under the
16 basic program of group health benefits shall be the
17 responsibility of the survivor.
18 (a-6) Beginning July 1, 1998, for each person who
19 becomes a new TRS State annuitant and participates in the
20 basic program of group health benefits, the State shall
21 contribute toward the cost of the annuitant's coverage under
22 the basic program of group health benefits an amount equal to
23 5% of that cost for each full year of creditable service as a
24 teacher as defined in paragraph (2), (3), or (5) of Section
25 16-106 of the Illinois Pension Code upon which the
26 annuitant's retirement annuity is based, up to a maximum of
27 100% for an annuitant with 20 or more years of such
28 creditable service. The remainder of the cost of a new TRS
29 State annuitant's coverage under the basic program of group
30 health benefits shall be the responsibility of the annuitant.
31 (a-7) Beginning July 1, 1998, for each person who
32 becomes a new TRS State survivor and participates in the
33 basic program of group health benefits, the State shall
34 contribute toward the cost of the survivor's coverage under
-27- LRB9101253EGfg
1 the basic program of group health benefits an amount equal to
2 5% of that cost for each full year of the deceased employee's
3 or deceased annuitant's creditable service as a teacher as
4 defined in paragraph (2), (3), or (5) of Section 16-106 of
5 the Illinois Pension Code on the date of death, up to a
6 maximum of 100% for a survivor of an employee or annuitant
7 with 20 or more years of such creditable service. The
8 remainder of the cost of the new TRS State survivor's
9 coverage under the basic program of group health benefits
10 shall be the responsibility of the survivor.
11 (a-8) A new SERS annuitant, new SERS survivor, new SURS
12 annuitant, new SURS retired employee, new SURS survivor, new
13 TRS State annuitant, or new TRS State survivor may waive or
14 terminate coverage in the program of group health benefits.
15 Any such annuitant, survivor, or retired employee who has
16 waived or terminated coverage may enroll or re-enroll in the
17 program of group health benefits only during the annual
18 benefit choice period, as determined by the Director; except
19 that in the event of termination of coverage due to
20 nonpayment of premiums, the annuitant, survivor, or retired
21 employee may not re-enroll in the program.
22 (a-9) No later than May 1 of each calendar year, the
23 Director of Central Management Services shall certify in
24 writing to the Executive Secretary of the State Employees'
25 Retirement System of Illinois the amounts of the Medicare
26 supplement health care premiums and the amounts of the health
27 care premiums for all other retirees who are not Medicare
28 eligible.
29 A separate calculation of the premiums based upon the
30 actual cost of each health care plan shall be so certified.
31 The Director of Central Management Services shall provide
32 to the Executive Secretary of the State Employees' Retirement
33 System of Illinois such information, statistics, and other
34 data as he or she may require to review the premium amounts
-28- LRB9101253EGfg
1 certified by the Director of Central Management Services.
2 (b) State employees who become eligible for this program
3 on or after January 1, 1980 in positions normally requiring
4 actual performance of duty not less than 1/2 of a normal work
5 period but not equal to that of a normal work period, shall
6 be given the option of participating in the available
7 program. If the employee elects coverage, the State shall
8 contribute on behalf of such employee to the cost of the
9 employee's benefit and any applicable dependent supplement,
10 that sum which bears the same percentage as that percentage
11 of time the employee regularly works when compared to normal
12 work period.
13 (c) The basic non-contributory coverage from the basic
14 program of group health benefits shall be continued for each
15 employee not in pay status or on active service by reason of
16 (1) leave of absence due to illness or injury, (2) authorized
17 educational leave of absence or sabbatical leave, or (3)
18 military leave with pay and benefits. This coverage shall
19 continue until expiration of authorized leave and return to
20 active service, but not to exceed 24 months for leaves under
21 item (1) or (2). This 24-month limitation and the requirement
22 of returning to active service shall not apply to persons
23 receiving ordinary or accidental disability benefits or
24 retirement benefits through the appropriate State retirement
25 system or benefits under the Workers' Compensation or
26 Occupational Disease Act.
27 (d) The basic group life insurance coverage shall
28 continue, with full State contribution, where such person is
29 (1) absent from active service by reason of disability
30 arising from any cause other than self-inflicted, (2) on
31 authorized educational leave of absence or sabbatical leave,
32 or (3) on military leave with pay and benefits.
33 (e) Where the person is in non-pay status for a period
34 in excess of 30 days or on leave of absence, other than by
-29- LRB9101253EGfg
1 reason of disability, educational or sabbatical leave, or
2 military leave with pay and benefits, such person may
3 continue coverage only by making personal payment equal to
4 the amount normally contributed by the State on such person's
5 behalf. Such payments and coverage may be continued: (1)
6 until such time as the person returns to a status eligible
7 for coverage at State expense, but not to exceed 24 months,
8 (2) until such person's employment or annuitant status with
9 the State is terminated, or (3) for a maximum period of 4
10 years for members on military leave with pay and benefits and
11 military leave without pay and benefits (exclusive of any
12 additional service imposed pursuant to law).
13 (f) The Department shall establish by rule the extent
14 to which other employee benefits will continue for persons in
15 non-pay status or who are not in active service.
16 (g) The State shall not pay the cost of the basic
17 non-contributory group life insurance, program of health
18 benefits and other employee benefits for members who are
19 survivors as defined by paragraphs (1) and (2) of subsection
20 (q) of Section 3 of this Act. The costs of benefits for
21 these survivors shall be paid by the survivors or by the
22 University of Illinois Cooperative Extension Service, or any
23 combination thereof.
24 (h) Those persons occupying positions with any
25 department as a result of emergency appointments pursuant to
26 Section 8b.8 of the Personnel Code who are not considered
27 employees under this Act shall be given the option of
28 participating in the programs of group life insurance, health
29 benefits and other employee benefits. Such persons electing
30 coverage may participate only by making payment equal to the
31 amount normally contributed by the State for similarly
32 situated employees. Such amounts shall be determined by the
33 Director. Such payments and coverage may be continued until
34 such time as the person becomes an employee pursuant to this
-30- LRB9101253EGfg
1 Act or such person's appointment is terminated.
2 (i) Any unit of local government within the State of
3 Illinois may apply to the Director to have its employees,
4 annuitants, and their dependents provided group health
5 coverage under this Act on a non-insured basis. To
6 participate, a unit of local government must agree to enroll
7 all of its employees, who may select coverage under either
8 the State group health insurance plan or a health maintenance
9 organization that has contracted with the State to be
10 available as a health care provider for employees as defined
11 in this Act. A unit of local government must remit the
12 entire cost of providing coverage under the State group
13 health insurance plan or, for coverage under a health
14 maintenance organization, an amount determined by the
15 Director based on an analysis of the sex, age, geographic
16 location, or other relevant demographic variables for its
17 employees, except that the unit of local government shall not
18 be required to enroll those of its employees who are covered
19 spouses or dependents under this plan or another group policy
20 or plan providing health benefits as long as (1) an
21 appropriate official from the unit of local government
22 attests that each employee not enrolled is a covered spouse
23 or dependent under this plan or another group policy or plan,
24 and (2) at least 85% of the employees are enrolled and the
25 unit of local government remits the entire cost of providing
26 coverage to those employees. Employees of a participating
27 unit of local government who are not enrolled due to coverage
28 under another group health policy or plan may enroll at a
29 later date subject to submission of satisfactory evidence of
30 insurability and provided that no benefits shall be payable
31 for services incurred during the first 6 months of coverage
32 to the extent the services are in connection with any
33 pre-existing condition. A participating unit of local
34 government may also elect to cover its annuitants. Dependent
-31- LRB9101253EGfg
1 coverage shall be offered on an optional basis, with the
2 costs paid by the unit of local government, its employees, or
3 some combination of the two as determined by the unit of
4 local government. The unit of local government shall be
5 responsible for timely collection and transmission of
6 dependent premiums.
7 The Director shall annually determine monthly rates of
8 payment, subject to the following constraints:
9 (1) In the first year of coverage, the rates shall
10 be equal to the amount normally charged to State
11 employees for elected optional coverages or for enrolled
12 dependents coverages or other contributory coverages, or
13 contributed by the State for basic insurance coverages on
14 behalf of its employees, adjusted for differences between
15 State employees and employees of the local government in
16 age, sex, geographic location or other relevant
17 demographic variables, plus an amount sufficient to pay
18 for the additional administrative costs of providing
19 coverage to employees of the unit of local government and
20 their dependents.
21 (2) In subsequent years, a further adjustment shall
22 be made to reflect the actual prior years' claims
23 experience of the employees of the unit of local
24 government.
25 In the case of coverage of local government employees
26 under a health maintenance organization, the Director shall
27 annually determine for each participating unit of local
28 government the maximum monthly amount the unit may contribute
29 toward that coverage, based on an analysis of (i) the age,
30 sex, geographic location, and other relevant demographic
31 variables of the unit's employees and (ii) the cost to cover
32 those employees under the State group health insurance plan.
33 The Director may similarly determine the maximum monthly
34 amount each unit of local government may contribute toward
-32- LRB9101253EGfg
1 coverage of its employees' dependents under a health
2 maintenance organization.
3 Monthly payments by the unit of local government or its
4 employees for group health insurance or health maintenance
5 organization coverage shall be deposited in the Local
6 Government Health Insurance Reserve Fund. The Local
7 Government Health Insurance Reserve Fund shall be a
8 continuing fund not subject to fiscal year limitations. All
9 expenditures from this fund shall be used for payments for
10 health care benefits for local government and rehabilitation
11 facility employees, annuitants, and dependents, and to
12 reimburse the Department or its administrative service
13 organization for all expenses incurred in the administration
14 of benefits. No other State funds may be used for these
15 purposes.
16 A local government employer's participation or desire to
17 participate in a program created under this subsection shall
18 not limit that employer's duty to bargain with the
19 representative of any collective bargaining unit of its
20 employees.
21 (j) Any rehabilitation facility within the State of
22 Illinois may apply to the Director to have its employees,
23 annuitants, and their dependents provided group health
24 coverage under this Act on a non-insured basis. To
25 participate, a rehabilitation facility must agree to enroll
26 all of its employees and remit the entire cost of providing
27 such coverage for its employees, except that the
28 rehabilitation facility shall not be required to enroll those
29 of its employees who are covered spouses or dependents under
30 this plan or another group policy or plan providing health
31 benefits as long as (1) an appropriate official from the
32 rehabilitation facility attests that each employee not
33 enrolled is a covered spouse or dependent under this plan or
34 another group policy or plan, and (2) at least 85% of the
-33- LRB9101253EGfg
1 employees are enrolled and the rehabilitation facility remits
2 the entire cost of providing coverage to those employees.
3 Employees of a participating rehabilitation facility who are
4 not enrolled due to coverage under another group health
5 policy or plan may enroll at a later date subject to
6 submission of satisfactory evidence of insurability and
7 provided that no benefits shall be payable for services
8 incurred during the first 6 months of coverage to the extent
9 the services are in connection with any pre-existing
10 condition. A participating rehabilitation facility may also
11 elect to cover its annuitants. Dependent coverage shall be
12 offered on an optional basis, with the costs paid by the
13 rehabilitation facility, its employees, or some combination
14 of the 2 as determined by the rehabilitation facility. The
15 rehabilitation facility shall be responsible for timely
16 collection and transmission of dependent premiums.
17 The Director shall annually determine quarterly rates of
18 payment, subject to the following constraints:
19 (1) In the first year of coverage, the rates shall
20 be equal to the amount normally charged to State
21 employees for elected optional coverages or for enrolled
22 dependents coverages or other contributory coverages on
23 behalf of its employees, adjusted for differences between
24 State employees and employees of the rehabilitation
25 facility in age, sex, geographic location or other
26 relevant demographic variables, plus an amount sufficient
27 to pay for the additional administrative costs of
28 providing coverage to employees of the rehabilitation
29 facility and their dependents.
30 (2) In subsequent years, a further adjustment shall
31 be made to reflect the actual prior years' claims
32 experience of the employees of the rehabilitation
33 facility.
34 Monthly payments by the rehabilitation facility or its
-34- LRB9101253EGfg
1 employees for group health insurance shall be deposited in
2 the Local Government Health Insurance Reserve Fund.
3 (k) Any domestic violence shelter or service within the
4 State of Illinois may apply to the Director to have its
5 employees, annuitants, and their dependents provided group
6 health coverage under this Act on a non-insured basis. To
7 participate, a domestic violence shelter or service must
8 agree to enroll all of its employees and pay the entire cost
9 of providing such coverage for its employees. A
10 participating domestic violence shelter may also elect to
11 cover its annuitants. Dependent coverage shall be offered on
12 an optional basis, with employees, or some combination of the
13 2 as determined by the domestic violence shelter or service.
14 The domestic violence shelter or service shall be responsible
15 for timely collection and transmission of dependent premiums.
16 The Director shall annually determine quarterly rates of
17 payment, subject to the following constraints:
18 (1) In the first year of coverage, the rates shall
19 be equal to the amount normally charged to State
20 employees for elected optional coverages or for enrolled
21 dependents coverages or other contributory coverages on
22 behalf of its employees, adjusted for differences between
23 State employees and employees of the domestic violence
24 shelter or service in age, sex, geographic location or
25 other relevant demographic variables, plus an amount
26 sufficient to pay for the additional administrative costs
27 of providing coverage to employees of the domestic
28 violence shelter or service and their dependents.
29 (2) In subsequent years, a further adjustment shall
30 be made to reflect the actual prior years' claims
31 experience of the employees of the domestic violence
32 shelter or service.
33 (3) In no case shall the rate be less than the
34 amount normally charged to State employees or contributed
-35- LRB9101253EGfg
1 by the State on behalf of its employees.
2 Monthly payments by the domestic violence shelter or
3 service or its employees for group health insurance shall be
4 deposited in the Local Government Health Insurance Reserve
5 Fund.
6 (l) A public community college or entity organized
7 pursuant to the Public Community College Act may apply to the
8 Director initially to have only annuitants not covered prior
9 to July 1, 1992 by the district's health plan provided health
10 coverage under this Act on a non-insured basis. The
11 community college must execute a 2-year contract to
12 participate in the Local Government Health Plan. Those
13 annuitants enrolled initially under this contract shall have
14 no benefits payable for services incurred during the first 6
15 months of coverage to the extent the services are in
16 connection with any pre-existing condition. Any annuitant
17 who may enroll after this initial enrollment period shall be
18 subject to submission of satisfactory evidence of
19 insurability and to the pre-existing conditions limitation.
20 The Director shall annually determine monthly rates of
21 payment subject to the following constraints: for those
22 community colleges with annuitants only enrolled, first year
23 rates shall be equal to the average cost to cover claims for
24 a State member adjusted for demographics, Medicare
25 participation, and other factors; and in the second year, a
26 further adjustment of rates shall be made to reflect the
27 actual first year's claims experience of the covered
28 annuitants.
29 (m) The Director shall adopt any rules deemed necessary
30 for implementation of this amendatory Act of 1989 (Public Act
31 86-978).
32 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
33 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
34 7-7-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised
-36- LRB9101253EGfg
1 8-3-98.)
2 Section 10. The Election Code is amended by changing
3 Sections 2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9,
4 5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24,
5 7-34, 7-53, 8-8, 9-1.7, 10-6.2, 12-1, 14-4, 17-9, 17-10,
6 17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows:
7 (10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27)
8 Sec. 2A-27. Cities generally; mayor; clerk; treasurer;
9 time of election. A mayor, a city clerk, and a city
10 treasurer shall be elected in each city that elects those
11 officers (except the City of Chicago) at the consolidated
12 election in 1979 or 1981 (in whichever of those years the
13 terms of those officers expire) and at the consolidated
14 election every 4 years thereafter. In cities that have
15 provided for a 2 year term for elective officers under
16 Section 3.1-10-65 3.1-15-65 of the Illinois Municipal Code,
17 however, these city officers shall be elected at the
18 consolidated election of each odd-numbered year.
19 (Source: P.A. 87-1119; revised 11-4-98.)
20 (10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
21 Sec. 4-6.1. In addition to registration at the office of
22 the county clerk, and at the offices of municipal and
23 township or road district clerks, each county clerk shall
24 provide for the following additional methods of
25 registration:
26 (1) the appointment of deputy registrars as
27 provided in Section 4-6.2; and
28 (2) the establishment of temporary places of
29 registration, as provided in Section 4-6.3.
30 Each county clerk may provide for precinct registration
31 pursuant to Section 4-7.
-37- LRB9101253EGfg
1 (Source: P.A. 83-1059; revised 10-31-98.)
2 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
3 Sec. 4-8. The county clerk shall provide a sufficient
4 number of blank forms for the registration of electors, which
5 shall be known as registration record cards and which shall
6 consist of loose leaf sheets or cards, of suitable size to
7 contain in plain writing and figures the data hereinafter
8 required thereon or shall consist of computer cards of
9 suitable nature to contain the data required thereon. The
10 registration record cards, which shall include an affidavit
11 of registration as hereinafter provided, shall be executed in
12 duplicate.
13 The registration record card shall contain the following
14 and such other information as the county clerk may think it
15 proper to require for the identification of the applicant for
16 registration:
17 Name. The name of the applicant, giving surname and
18 first or Christian name in full, and the middle name or the
19 initial for such middle name, if any.
20 Sex.
21 Residence. The name and number of the street, avenue, or
22 other location of the dwelling, including the apartment, unit
23 or room number, if any, and in the case of a mobile home the
24 lot number, and such additional clear and definite
25 description as may be necessary to determine the exact
26 location of the dwelling of the applicant. Where the location
27 cannot be determined by street and number, then the section,
28 congressional township and range number may be used, or such
29 other description as may be necessary, including post-office
30 mailing address. In the case of a homeless individual, the
31 individual's voting residence that is his or her mailing
32 address shall be included on his or her registration record
33 card.
-38- LRB9101253EGfg
1 Term of residence in the State of Illinois and precinct.
2 This information shall be furnished by the applicant stating
3 the place or places where he resided and the dates during
4 which he resided in such place or places during the year next
5 preceding the date of the next ensuing election.
6 Nativity. The state or country in which the applicant
7 was born.
8 Citizenship. Whether the applicant is native born or
9 naturalized. If naturalized, the court, place, and date of
10 naturalization.
11 Date of application for registration, i.e., the day,
12 month and year when applicant presented himself for
13 registration.
14 Age. Date of birth, by month, day and year.
15 Physical disability of the applicant, if any, at the time
16 of registration, which would require assistance in voting.
17 The county and state in which the applicant was last
18 registered.
19 Signature of voter. The applicant, after the
20 registration and in the presence of a deputy registrar or
21 other officer of registration shall be required to sign his
22 or her name in ink to the affidavit on both the original and
23 duplicate registration record cards.
24 Signature of deputy registrar or officer of registration.
25 In case applicant is unable to sign his name, he may
26 affix his mark to the affidavit. In such case the officer
27 empowered to give the registration oath shall write a
28 detailed description of the applicant in the space provided
29 on the back or at the bottom of the card or sheet; and shall
30 ask the following questions and record the answers thereto:
31 Father's first name.
32 Mother's first name.
33 From what address did the applicant last register?
34 Reason for inability to sign name.
-39- LRB9101253EGfg
1 Each applicant for registration shall make an affidavit
2 in substantially the following form:
3 AFFIDAVIT OF REGISTRATION
4 STATE OF ILLINOIS
5 COUNTY OF .......
6 I hereby swear (or affirm) that I am a citizen of the
7 United States; that on the date of the next election I shall
8 have resided in the State of Illinois and in the election
9 precinct in which I reside 30 days and that I intend that
10 this location shall be my residence; that I am fully
11 qualified to vote, and that the above statements are true.
12 ..............................
13 (His or her signature or mark)
14 Subscribed and sworn to before me on (insert date). this
15 .... day of ...., 19...
16 ..................................
17 Signature of registration officer.
18 (To be signed in presence of registrant.)
19 Space shall be provided upon the face of each
20 registration record card for the notation of the voting
21 record of the person registered thereon.
22 Each registration record card shall be numbered according
23 to precincts, and may be serially or otherwise marked for
24 identification in such manner as the county clerk may
25 determine.
26 The registration cards shall be deemed public records and
27 shall be open to inspection during regular business hours,
28 except during the 28 days immediately preceding any election.
29 On written request of any candidate or objector or any person
30 intending to object to a petition, the election authority
31 shall extend its hours for inspection of registration cards
32 and other records of the election authority during the period
33 beginning with the filing of petitions under Sections 7-10,
34 8-8, 10-6 or 28-3 and continuing through the termination of
-40- LRB9101253EGfg
1 electoral board hearings on any objections to petitions
2 containing signatures of registered voters in the
3 jurisdiction of the election authority. The extension shall
4 be for a period of hours sufficient to allow adequate
5 opportunity for examination of the records but the election
6 authority is not required to extend its hours beyond the
7 period beginning at its normal opening for business and
8 ending at midnight. If the business hours are so extended,
9 the election authority shall post a public notice of such
10 extended hours. Registration record cards may also be
11 inspected, upon approval of the officer in charge of the
12 cards, during the 28 days immediately preceding any election.
13 Registration record cards shall also be open to inspection by
14 certified judges and poll watchers and challengers at the
15 polling place on election day, but only to the extent
16 necessary to determine the question of the right of a person
17 to vote or to serve as a judge of election. At no time shall
18 poll watchers or challengers be allowed to physically handle
19 the registration record cards.
20 Updated copies of computer tapes or computer discs or
21 other electronic data processing information containing voter
22 registration information shall be furnished by the county
23 clerk within 10 days after December 15 and May 15 each year
24 to the State Board of Elections in a form prescribed by the
25 Board. Registration information shall include, but not be
26 limited to, the following information: name, sex, residence,
27 telephone number, if any, age, party affiliation, if
28 applicable, precinct, ward, township, county, and
29 representative, legislative and congressional districts. In
30 the event of noncompliance, the State Board of Elections is
31 directed to obtain compliance forthwith with this
32 nondiscretionary duty of the election authority by
33 instituting legal proceedings in the circuit court of the
34 county in which the election authority maintains the
-41- LRB9101253EGfg
1 registration information. The costs of furnishing updated
2 copies of tapes or discs shall be paid at a rate of $.00034
3 per name of registered voters in the election jurisdiction,
4 but not less than $50 per tape or disc and shall be paid from
5 appropriations made to the State Board of Elections for
6 reimbursement to the election authority for such purpose. The
7 Board shall furnish copies of such tapes, discs, other
8 electronic data or compilations thereof to state political
9 committees registered pursuant to the Illinois Campaign
10 Finance Act or the Federal Election Campaign Act at their
11 request and at a reasonable cost. Copies of the tapes, discs
12 or other electronic data shall be furnished by the county
13 clerk to local political committees at their request and at a
14 reasonable cost. Reasonable cost of the tapes, discs, et
15 cetera for this purpose would be the cost of duplication plus
16 15% for administration. The individual representing a
17 political committee requesting copies of such tapes shall
18 make a sworn affidavit that the information shall be used
19 only for bona fide political purposes, including by or for
20 candidates for office or incumbent office holders. Such
21 tapes, discs or other electronic data shall not be used under
22 any circumstances by any political committee or individuals
23 for purposes of commercial solicitation or other business
24 purposes. If such tapes contain information on county
25 residents related to the operations of county government in
26 addition to registration information, that information shall
27 not be used under any circumstances for commercial
28 solicitation or other business purposes. The prohibition in
29 this Section against using the computer tapes or computer
30 discs or other electronic data processing information
31 containing voter registration information for purposes of
32 commercial solicitation or other business purposes shall be
33 prospective only from the effective date of this amended Act
34 of 1979. Any person who violates this provision shall be
-42- LRB9101253EGfg
1 guilty of a Class 4 felony.
2 The State Board of Elections shall promulgate, by October
3 1, 1987, such regulations as may be necessary to ensure
4 uniformity throughout the State in electronic data processing
5 of voter registration information. The regulations shall
6 include, but need not be limited to, specifications for
7 uniform medium, communications protocol and file structure to
8 be employed by the election authorities of this State in the
9 electronic data processing of voter registration information.
10 Each election authority utilizing electronic data processing
11 of voter registration information shall comply with such
12 regulations on and after May 15, 1988.
13 If the applicant for registration was last registered in
14 another county within this State, he shall also sign a
15 certificate authorizing cancellation of the former
16 registration. The certificate shall be in substantially the
17 following form:
18 To the County Clerk of.... County, Illinois. (or)
19 To the Election Commission of the City of ...., Illinois.
20 This is to certify that I am registered in your (county)
21 (city) and that my residence was ............................
22 Having moved out of your (county) (city), I hereby authorize
23 you to cancel said registration in your office.
24 Dated at ...., Illinois, on (insert date).
25 this .... day of ...., 19...
26 .................................
27 (Signature of Voter)
28 Attest: ................, County Clerk, .............
29 County, Illinois.
30 The cancellation certificate shall be mailed immediately
31 by the County Clerk to the County Clerk (or election
32 commission as the case may be) where the applicant was
33 formerly registered. Receipt of such certificate shall be
34 full authority for cancellation of any previous registration.
-43- LRB9101253EGfg
1 (Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.)
2 (10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
3 Sec. 4-9. The county clerk shall fully instruct the
4 registration officers and deputy registration officers in
5 their duties. Each registration officer and deputy
6 registration officer shall receipt to the county clerk for
7 all blank registration record cards issued to him, specifying
8 therein the number of the blanks received by him, and each
9 registration officer and deputy registration officer shall be
10 charged with such blanks until he returns them to the county
11 clerk. If for any cause a blank registration record card is
12 mutilated or rendered unfit for use in making it out, or if a
13 mistake thereon has been made, such blank shall not be
14 destroyed, but the word "mutilated" shall be written across
15 the face of such card, and the card shall be returned to the
16 county clerk and be preserved in the same manner and for the
17 same length of time as mutilated ballots. When each 1969 and
18 1970 precinct re-registration has been completed, each
19 registration officer shall certify the registration records
20 in substantially the following form:
21 "We, the undersigned registration officers or deputy
22 registration officers in the County of .... in the State of
23 Illinois, do swear (or affirm) that at the registration of
24 electors on (insert date) the .... day of .... 19.. there was
25 registered by us in the said election precinct the names
26 which appear on the registration records, and that the number
27 of voters registered and qualified was and is the number of
28 ....
29 ......................
30 ......................
31 ......................
32 Registration officers.
33 Date ................"
-44- LRB9101253EGfg
1 After completion of each 1969 and 1970 precinct
2 re-registration each of the officers of registration for such
3 precinct shall place all registration cards received by him,
4 regardless of whether such cards have been unused, filled
5 out, executed or mutilated, in an envelope to be provided for
6 that purpose by the county clerk and shall seal such envelope
7 with an official wax impression seal and sign his name across
8 the face of such envelope. The judge of registration for
9 such precinct shall include in the envelope sealed by him the
10 certification of the registration records hereinabove
11 required. The judge of registration for such precinct shall
12 within 24 hours after the close of re-registration make
13 personal delivery of all envelopes containing the
14 re-registration cards for such precinct to the county clerk.
15 Other precinct registrations shall be certified and
16 returned in the same manner.
17 (Source: Laws 1967, p. 2987; revised 10-20-98.)
18 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
19 Sec. 4-10. Except as herein provided, no person shall be
20 registered, unless he applies in person to a registration
21 officer, answers such relevant questions as may be asked of
22 him by the registration officer, and executes the affidavit
23 of registration. The registration officer shall require the
24 applicant to furnish two forms of identification, and except
25 in the case of a homeless individual, one of which must
26 include his or her residence address. These forms of
27 identification shall include, but not be limited to, any of
28 the following: driver's license, social security card, public
29 aid identification card, utility bill, employee or student
30 identification card, credit card, or a civic, union or
31 professional association membership card. The registration
32 officer shall require a homeless individual to furnish
33 evidence of his or her use of the mailing address stated.
-45- LRB9101253EGfg
1 This use may be demonstrated by a piece of mail addressed to
2 that individual and received at that address or by a
3 statement from a person authorizing use of the mailing
4 address. The registration officer shall require each
5 applicant for registration to read or have read to him the
6 affidavit of registration before permitting him to execute
7 the affidavit.
8 One of the registration officers or a deputy registration
9 officer, county clerk, or clerk in the office of the county
10 clerk, shall administer to all persons who shall personally
11 apply to register the following oath or affirmation:
12 "You do solemnly swear (or affirm) that you will fully
13 and truly answer all such questions as shall be put to you
14 touching your name, place of residence, place of birth, your
15 qualifications as an elector and your right as such to
16 register and vote under the laws of the State of Illinois."
17 The registration officer shall satisfy himself that each
18 applicant for registration is qualified to register before
19 registering him. If the registration officer has reason to
20 believe that the applicant is a resident of a Soldiers' and
21 Sailors' Home or any facility which is licensed or certified
22 pursuant to the Nursing Home Care Act, the following question
23 shall be put, "When you entered the home which is your
24 present address, was it your bona fide intention to become a
25 resident thereof?" Any voter of a township, city, village or
26 incorporated town in which such applicant resides, shall be
27 permitted to be present at the place of any precinct
28 registration and shall have the right to challenge any
29 applicant who applies to be registered.
30 In case the officer is not satisfied that the applicant
31 is qualified he shall forthwith notify such applicant in
32 writing to appear before the county clerk to complete his
33 registration. Upon the card of such applicant shall be
34 written the word "incomplete" and no such applicant shall be
-46- LRB9101253EGfg
1 permitted to vote unless such registration is satisfactorily
2 completed as hereinafter provided. No registration shall be
3 taken and marked as incomplete if information to complete it
4 can be furnished on the date of the original application.
5 Any person claiming to be an elector in any election
6 precinct and whose registration card is marked "Incomplete"
7 may make and sign an application in writing, under oath, to
8 the county clerk in substance in the following form:
9 "I do solemnly swear that I, ...., did on (insert date)
10 .... make application to the board of registry of the ....
11 precinct of the township of .... (or to the county clerk of
12 .... county) and that said board or clerk refused to complete
13 my registration as a qualified voter in said precinct. That
14 I reside in said precinct, that I intend to reside in said
15 precinct, and am a duly qualified voter of said precinct and
16 am entitled to be registered to vote in said precinct at the
17 next election.
18 (Signature of applicant) ............................."
19 All such applications shall be presented to the county
20 clerk or to his duly authorized representative by the
21 applicant, in person between the hours of 9:00 a.m. and 5:00
22 p.m. on any day after the days on which the 1969 and 1970
23 precinct re-registrations are held but not on any day within
24 28 days preceding the ensuing general election and thereafter
25 for the registration provided in Section 4-7 all such
26 applications shall be presented to the county clerk or his
27 duly authorized representative by the applicant in person
28 between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
29 to 28 days preceding the ensuing general election. Such
30 application shall be heard by the county clerk or his duly
31 authorized representative at the time the application is
32 presented. If the applicant for registration has registered
33 with the county clerk, such application may be presented to
34 and heard by the county clerk or by his duly authorized
-47- LRB9101253EGfg
1 representative upon the dates specified above or at any time
2 prior thereto designated by the county clerk.
3 Any otherwise qualified person who is absent from his
4 county of residence either due to business of the United
5 States or because he is temporarily outside the territorial
6 limits of the United States may become registered by mailing
7 an application to the county clerk within the periods of
8 registration provided for in this Article, or by simultaneous
9 application for absentee registration and absentee ballot as
10 provided in Article 20 of this Code.
11 Upon receipt of such application the county clerk shall
12 immediately mail an affidavit of registration in duplicate,
13 which affidavit shall contain the following and such other
14 information as the State Board of Elections may think it
15 proper to require for the identification of the applicant:
16 Name. The name of the applicant, giving surname and
17 first or Christian name in full, and the middle name or the
18 initial for such middle name, if any.
19 Sex.
20 Residence. The name and number of the street, avenue or
21 other location of the dwelling, and such additional clear and
22 definite description as may be necessary to determine the
23 exact location of the dwelling of the applicant. Where the
24 location cannot be determined by street and number, then the
25 Section, congressional township and range number may be used,
26 or such other information as may be necessary, including post
27 office mailing address.
28 Term of residence in the State of Illinois and the
29 precinct.
30 Nativity. The State or country in which the applicant
31 was born.
32 Citizenship. Whether the applicant is native born or
33 naturalized. If naturalized, the court, place and date of
34 naturalization.
-48- LRB9101253EGfg
1 Age. Date of birth, by month, day and year.
2 Out of State address of ..........................
3 AFFIDAVIT OF REGISTRATION
4 State of ...........)
5 )ss
6 County of ..........)
7 I hereby swear (or affirm) that I am a citizen of the
8 United States; that on the day of the next election I shall
9 have resided in the State of Illinois and in the election
10 precinct 30 days; that I am fully qualified to vote, that I
11 am not registered to vote anywhere else in the United States,
12 that I intend to remain a resident of the State of Illinois
13 and of the election precinct, that I intend to return to the
14 State of Illinois, and that the above statements are true.
15 ..............................
16 (His or her signature or mark)
17 Subscribed and sworn to before me, an officer qualified
18 to administer oaths, on (insert date). this ..... day of
19 ..... 19 ...
20 ........................................
21 Signature of officer administering oath.
22 Upon receipt of the executed duplicate affidavit of
23 Registration, the county clerk shall transfer the information
24 contained thereon to duplicate Registration Cards provided
25 for in Section 4-8 of this Article and shall attach thereto a
26 copy of each of the duplicate affidavit of registration and
27 thereafter such registration card and affidavit shall
28 constitute the registration of such person the same as if he
29 had applied for registration in person.
30 (Source: P.A. 86-820; 87-1241; revised 10-20-98.)
31 (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
32 Sec. 4-12. Any voter or voters in the township, city,
33 village or incorporated town containing such precinct, and
-49- LRB9101253EGfg
1 any precinct committeeman in the county, may, between the
2 hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the
3 second week prior to the week in which the 1970 primary
4 election for the nomination of candidates for State and
5 county offices or any election thereafter is to be held, make
6 application in writing, to the county clerk, to have any name
7 upon the register of any precinct erased. Such application
8 shall be, in substance, in the words and figures following:
9 "I being a qualified voter, registered from No. ....
10 Street in the .... precinct of the .... ward of the city
11 (village or town of) .... (or of the .... town of ....) do
12 hereby solemnly swear (or affirm) that .... registered from
13 No. .... Street is not a qualified voter in the .... precinct
14 of .... ward of the city (village or town) of .... (or of the
15 .... town of ....) and hence I ask that his name be erased
16 from the register of such precinct for the following reason
17 .....
18 Affiant further says that he has personal knowledge of
19 the facts set forth in the above affidavit.
20 (Signed) .....
21 Subscribed and sworn to before me on (insert date). this
22 .... day of ...., 19...
23 ....
24 ....
25 ....."
26 Such application shall be signed and sworn to by the
27 applicant before the county clerk or any deputy authorized by
28 the county clerk for that purpose, and filed with said clerk.
29 Thereupon notice of such application, and of the time and
30 place of hearing thereon, with a demand to appear before the
31 county clerk and show cause why his name shall not be erased
32 from said register, shall be mailed, in an envelope duly
33 stamped and directed to such person at the address upon said
34 register, at least four days before the day fixed in said
-50- LRB9101253EGfg
1 notice to show cause.
2 A like notice shall be mailed to the person or persons
3 making the application to have the name upon such register
4 erased to appear and show cause why said name should be
5 erased, the notice to set out the day and hour of such
6 hearing. If the voter making such application fails to appear
7 before said clerk at the time set for the hearing as fixed in
8 the said notice or fails to show cause why the name upon such
9 register shall be erased, the application to erase may be
10 dismissed by the county clerk.
11 Any voter making the application is privileged from
12 arrest while presenting it to the county clerk, and while
13 going to and from the office of the county clerk.
14 (Source: P.A. 84-551; revised 10-20-98.)
15 (10 ILCS 5/4-23) (from Ch. 46, par. 4-23)
16 Sec. 4-23. The provisions of this Article 4, so far as
17 they require the registration of voters as a condition to
18 their being allowed to vote, shall not apply to persons
19 otherwise entitled to vote, who are, at the time of the
20 election, or at any time within 60 days prior to such
21 election have been, engaged in the military or naval service
22 of the United States, and who appear personally at the
23 polling place on election day and produce to the judges of
24 election satisfactory evidence thereof, but such persons, if
25 otherwise qualified to vote, shall be permitted to vote at
26 such election without previous registration.
27 All such persons shall also make an affidavit which shall
28 be in substantially the following form:
29 "State of Illinois)
30 ) ss.
31 County of ........)
32 ............ Precinct ............ Ward
33 I, ..............., do solemnly swear (or affirm), that I
-51- LRB9101253EGfg
1 am a citizen of the United States, of the age of 18 years or
2 over, and that within the past 60 days prior to the date of
3 this election at which I am applying to vote, I have been
4 engaged in the .... (military or naval) service of the United
5 States; and I am qualified to vote under and by virtue of the
6 Constitution and laws of the State of Illinois, and that I am
7 a legally qualified voter of this precinct and ward except
8 that I have, because of such service, been unable to register
9 as a voter; that I now reside at .... (insert street and
10 number, if any) in this precinct and ward, that I have
11 maintained a legal residence in this precinct and ward for 30
12 days and in the State 30 days next preceding this election.
13 ......................
14 Subscribed and sworn to before me on (insert date). this
15 .... day of ...., 19...
16 ......................
17 Judge of Election."
18 The affidavit of any such person shall be supported by
19 the affidavit of a resident and qualified voter of any such
20 precinct and ward, which affidavit shall be in substantially
21 the following form:
22 "State of Illinois)
23 ) ss.
24 County of ........)
25 ................ Precinct ............... Ward
26 I, ...., do solemnly swear (or affirm), that I am a
27 resident of this precinct and ward and entitled to vote at
28 this election; that I am acquainted with .... (name of the
29 applicant); that I verily believe him or her to be an actual
30 bona fide resident of this precinct and ward and that I
31 verily believe that he or she has maintained a legal
32 residence therein 30 days, and in this State 30 days next
33 preceding this election.
34 ......................
-52- LRB9101253EGfg
1 Subscribed and sworn to before me on (insert date). this
2 .... day of ...., 19...
3 ......................
4 Judge of Election."
5 (Source: P.A. 84- 551; revised 10-20-98.)
6 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
7 Sec. 5-7. The county clerk shall provide a sufficient
8 number of blank forms for the registration of electors which
9 shall be known as registration record cards and which shall
10 consist of loose leaf sheets or cards, of suitable size to
11 contain in plain writing and figures the data hereinafter
12 required thereon or shall consist of computer cards of
13 suitable nature to contain the data required thereon. The
14 registration record cards, which shall include an affidavit
15 of registration as hereinafter provided, shall be executed in
16 duplicate.
17 The registration record card shall contain the following
18 and such other information as the county clerk may think it
19 proper to require for the identification of the applicant for
20 registration:
21 Name. The name of the applicant, giving surname and
22 first or Christian name in full, and the middle name or the
23 initial for such middle name, if any.
24 Sex.
25 Residence. The name and number of the street, avenue, or
26 other location of the dwelling, including the apartment, unit
27 or room number, if any, and in the case of a mobile home the
28 lot number, and such additional clear and definite
29 description as may be necessary to determine the exact
30 location of the dwelling of the applicant, including
31 post-office mailing address. In the case of a homeless
32 individual, the individual's voting residence that is his or
33 her mailing address shall be included on his or her
-53- LRB9101253EGfg
1 registration record card.
2 Term of residence in the State of Illinois and the
3 precinct. Which questions may be answered by the applicant
4 stating, in excess of 30 days in the State and in excess of
5 30 days in the precinct.
6 Nativity. The State or country in which the applicant
7 was born.
8 Citizenship. Whether the applicant is native born or
9 naturalized. If naturalized, the court, place and date of
10 naturalization.
11 Date of application for registration, i.e., the day,
12 month and year when applicant presented himself for
13 registration.
14 Age. Date of birth, by month, day and year.
15 Physical disability of the applicant, if any, at the time
16 of registration, which would require assistance in voting.
17 The county and state in which the applicant was last
18 registered.
19 Signature of voter. The applicant, after the
20 registration and in the presence of a deputy registrar or
21 other officer of registration shall be required to sign his
22 or her name in ink to the affidavit on the original and
23 duplicate registration record card.
24 Signature of Deputy Registrar.
25 In case applicant is unable to sign his name, he may
26 affix his mark to the affidavit. In such case the officer
27 empowered to give the registration oath shall write a
28 detailed description of the applicant in the space provided
29 at the bottom of the card or sheet; and shall ask the
30 following questions and record the answers thereto:
31 Father's first name .......................
32 Mother's first name .......................
33 From what address did you last register?
34 Reason for inability to sign name.
-54- LRB9101253EGfg
1 Each applicant for registration shall make an affidavit
2 in substantially the following form:
3 AFFIDAVIT OF REGISTRATION
4 State of Illinois)
5 )ss
6 County of )
7 I hereby swear (or affirm) that I am a citizen of the
8 United States; that on the date of the next election I shall
9 have resided in the State of Illinois and in the election
10 precinct in which I reside 30 days; that I am fully qualified
11 to vote. That I intend that this location shall be my
12 residence and that the above statements are true.
13 ..............................
14 (His or her signature or mark)
15 Subscribed and sworn to before me on (insert date). this
16 .... day of...., 19...
17 .........................................
18 Signature of Registration Officer.
19 (To be signed in presence of Registrant.)
20 Space shall be provided upon the face of each
21 registration record card for the notation of the voting
22 record of the person registered thereon.
23 Each registration record card shall be numbered according
24 to towns and precincts, wards, cities and villages, as the
25 case may be, and may be serially or otherwise marked for
26 identification in such manner as the county clerk may
27 determine.
28 The registration cards shall be deemed public records and
29 shall be open to inspection during regular business hours,
30 except during the 28 days immediately preceding any election.
31 On written request of any candidate or objector or any person
32 intending to object to a petition, the election authority
33 shall extend its hours for inspection of registration cards
34 and other records of the election authority during the period
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1 beginning with the filing of petitions under Sections 7-10,
2 8-8, 10-6 or 28-3 and continuing through the termination of
3 electoral board hearings on any objections to petitions
4 containing signatures of registered voters in the
5 jurisdiction of the election authority. The extension shall
6 be for a period of hours sufficient to allow adequate
7 opportunity for examination of the records but the election
8 authority is not required to extend its hours beyond the
9 period beginning at its normal opening for business and
10 ending at midnight. If the business hours are so extended,
11 the election authority shall post a public notice of such
12 extended hours. Registration record cards may also be
13 inspected, upon approval of the officer in charge of the
14 cards, during the 28 days immediately preceding any election.
15 Registration record cards shall also be open to inspection by
16 certified judges and poll watchers and challengers at the
17 polling place on election day, but only to the extent
18 necessary to determine the question of the right of a person
19 to vote or to serve as a judge of election. At no time shall
20 poll watchers or challengers be allowed to physically handle
21 the registration record cards.
22 Updated copies of computer tapes or computer discs or
23 other electronic data processing information containing voter
24 registration information shall be furnished by the county
25 clerk within 10 days after December 15 and May 15 each year
26 to the State Board of Elections in a form prescribed by the
27 Board. Registration information shall include, but not be
28 limited to, the following information: name, sex, residence,
29 telephone number, if any, age, party affiliation, if
30 applicable, precinct, ward, township, county, and
31 representative, legislative and congressional districts. In
32 the event of noncompliance, the State Board of Elections is
33 directed to obtain compliance forthwith with this
34 nondiscretionary duty of the election authority by
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1 instituting legal proceedings in the circuit court of the
2 county in which the election authority maintains the
3 registration information. The costs of furnishing updated
4 copies of tapes or discs shall be paid at a rate of $.00034
5 per name of registered voters in the election jurisdiction,
6 but not less than $50 per tape or disc and shall be paid from
7 appropriations made to the State Board of Elections for
8 reimbursement to the election authority for such purpose. The
9 Board shall furnish copies of such tapes, discs, other
10 electronic data or compilations thereof to state political
11 committees registered pursuant to the Illinois Campaign
12 Finance Act or the Federal Election Campaign Act at their
13 request and at a reasonable cost. Copies of the tapes, discs
14 or other electronic data shall be furnished by the county
15 clerk to local political committees at their request and at a
16 reasonable cost. Reasonable cost of the tapes, discs, et
17 cetera for this purpose would be the cost of duplication plus
18 15% for administration. The individual representing a
19 political committee requesting copies of such tapes shall
20 make a sworn affidavit that the information shall be used
21 only for bona fide political purposes, including by or for
22 candidates for office or incumbent office holders. Such
23 tapes, discs or other electronic data shall not be used under
24 any circumstances by any political committee or individuals
25 for purposes of commercial solicitation or other business
26 purposes. If such tapes contain information on county
27 residents related to the operations of county government in
28 addition to registration information, that information shall
29 not be used under any circumstances for commercial
30 solicitation or other business purposes. The prohibition in
31 this Section against using the computer tapes or computer
32 discs or other electronic data processing information
33 containing voter registration information for purposes of
34 commercial solicitation or other business purposes shall be
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1 prospective only from the effective date of this amended Act
2 of 1979. Any person who violates this provision shall be
3 guilty of a Class 4 felony.
4 The State Board of Elections shall promulgate, by October
5 1, 1987, such regulations as may be necessary to ensure
6 uniformity throughout the State in electronic data processing
7 of voter registration information. The regulations shall
8 include, but need not be limited to, specifications for
9 uniform medium, communications protocol and file structure to
10 be employed by the election authorities of this State in the
11 electronic data processing of voter registration information.
12 Each election authority utilizing electronic data processing
13 of voter registration information shall comply with such
14 regulations on and after May 15, 1988.
15 If the applicant for registration was last registered in
16 another county within this State, he shall also sign a
17 certificate authorizing cancellation of the former
18 registration. The certificate shall be in substantially the
19 following form:
20 To the County Clerk of .... County, Illinois. To the Election
21 Commission of the City of ...., Illinois.
22 This is to certify that I am registered in your (county)
23 (city) and that my residence was .....
24 Having moved out of your (county) (city), I hereby
25 authorize you to cancel said registration in your office.
26 Dated at .... Illinois, on (insert date). this.... day
27 of...., 19...
28 ....................
29 (Signature of Voter)
30 Attest ......, County Clerk, ........ County, Illinois.
31 The cancellation certificate shall be mailed immediately
32 by the county clerk to the county clerk (or election
33 commission as the case may be) where the applicant was
34 formerly registered. Receipt of such certificate shall be
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1 full authority for cancellation of any previous registration.
2 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
3 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
4 Sec. 5-9. Except as herein provided, no person shall be
5 registered unless he applies in person to registration
6 officer, answers such relevant questions as may be asked of
7 him by the registration officer, and executes the affidavit
8 of registration. The registration officer shall require the
9 applicant to furnish two forms of identification, and except
10 in the case of a homeless individual, one of which must
11 include his or her residence address. These forms of
12 identification shall include, but not be limited to, any of
13 the following: driver's license, social security card, public
14 aid identification card, utility bill, employee or student
15 identification card, credit card, or a civic, union or
16 professional association membership card. The registration
17 officer shall require a homeless individual to furnish
18 evidence of his or her use of the mailing address stated.
19 This use may be demonstrated by a piece of mail addressed to
20 that individual and received at that address or by a
21 statement from a person authorizing use of the mailing
22 address. The registration officer shall require each
23 applicant for registration to read or have read to him the
24 affidavit of registration before permitting him to execute
25 the affidavit.
26 One of the Deputy Registrars, the Judge of Registration,
27 or an Officer of Registration, County Clerk, or clerk in the
28 office of the County Clerk, shall administer to all persons
29 who shall personally apply to register the following oath or
30 affirmation:
31 "You do solemnly swear (or affirm) that you will fully
32 and truly answer all such questions as shall be put to you
33 touching your place of residence, name, place of birth, your
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1 qualifications as an elector and your right as such to
2 register and vote under the laws of the State of Illinois."
3 The Registration Officer shall satisfy himself that each
4 applicant for registration is qualified to register before
5 registering him. If the registration officer has reason to
6 believe that the applicant is a resident of a Soldiers' and
7 Sailors' Home or any facility which is licensed or certified
8 pursuant to the Nursing Home Care Act, the following question
9 shall be put, "When you entered the home which is your
10 present address, was it your bona fide intention to become a
11 resident thereof?" Any voter of a township, city, village or
12 incorporated town in which such applicant resides, shall be
13 permitted to be present at the place of