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91_SB0745enr SB745 Enrolled 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 In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law.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. SB745 Enrolled -2- LRB9101253EGfg 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 Acts repealed January 1, 2008. The following 5 Acts are repealed on January 1, 2008: 6 The Acupuncture Practice Act. 7 The Clinical Social Work and Social Work Practice Act. 8 The Home Medical Equipment and Services Provider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 TheIllinoisNursing and Advanced Practice Nursing Actof111987. 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: SB745 Enrolled -3- LRB9101253EGfg 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 SB745 Enrolled -4- LRB9101253EGfg 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 90-588this amendatory Act of 1998or 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 SB745 Enrolled -5- LRB9101253EGfg 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 SB745 Enrolled -6- LRB9101253EGfg 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. SB745 Enrolled -7- LRB9101253EGfg 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 SB745 Enrolled -8- LRB9101253EGfg 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; SB745 Enrolled -9- LRB9101253EGfg 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 SB745 Enrolled -10- LRB9101253EGfg 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 SB745 Enrolled -11- LRB9101253EGfg 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. SB745 Enrolled -12- LRB9101253EGfg 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 SB745 Enrolled -13- LRB9101253EGfg 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 SB745 Enrolled -14- LRB9101253EGfg 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 SB745 Enrolled -15- LRB9101253EGfg 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 SB745 Enrolled -16- LRB9101253EGfg 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).this31____ day of ____, 19__.32 ................... (Official signature and official seal SB745 Enrolled -17- LRB9101253EGfg 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 SB745 Enrolled -18- LRB9101253EGfg 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; SB745 Enrolled -19- LRB9101253EGfg 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; SB745 Enrolled -20- LRB9101253EGfg 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. SB745 Enrolled -21- LRB9101253EGfg 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, 5,276, 7, 8, 9, 10, and 11above 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 SB745 Enrolled -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. SB745 Enrolled -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 ofSection 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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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 3.1-10-653.1-15-65of 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. SB745 Enrolled -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. SB745 Enrolled -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. SB745 Enrolled -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).this15.... 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 SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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). 25this .... 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. SB745 Enrolled -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 ................" SB745 Enrolled -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. SB745 Enrolled -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 SB745 Enrolled -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 SB745 Enrolled -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. SB745 Enrolled -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 of19..... 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 SB745 Enrolled -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).this22.... 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 SB745 Enrolled -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 SB745 Enrolled -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).this15.... 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 ...................... SB745 Enrolled -52- LRB9101253EGfg 1 Subscribed and sworn to before me on (insert date).this2.... 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 SB745 Enrolled -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. SB745 Enrolled -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).this16.... 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 SB745 Enrolled -55- LRB9101253EGfg 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 SB745 Enrolled -56- LRB9101253EGfg 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 SB745 Enrolled -57- LRB9101253EGfg 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.... day27of...., 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 SB745 Enrolled -58- LRB9101253EGfg 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 SB745 Enrolled -59- LRB9101253EGfg 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