SB2683 Enrolled

LRB093 20434 JAM 46217 b






1
    AN ACT concerning ethics.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Governmental Ethics Act is amended  
5
by changing Section 4A-101 as follows:
 
6
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)

7
    Sec. 4A-101. Persons required to file.   The following 
8
persons shall file
verified written statements of economic 
9
interests, as provided in this Article:


10
        (a) Members of the General Assembly and candidates for 
11
    nomination or
election to the General Assembly.


12
        (b) Persons holding an elected office in the Executive 
13
    Branch of this
State, and candidates for nomination or 
14
    election to these offices.


15
        (c) Members of a Commission or Board created by the 
16
    Illinois Constitution,
and candidates for nomination or 
17
    election to such Commission or Board.


18
        (d) Persons whose appointment to office is subject to 
19
    confirmation by
the Senate.


20
        (e) Holders of, and candidates for nomination or 
21
    election to, the office
of judge or associate judge of the 
22
    Circuit Court and the office of judge of
the Appellate or 
23
    Supreme Court.


24
        (f) Persons who are employed by any branch, agency, 
25
    authority or board
of the government of this State, 
26
    including but not limited to, the Illinois
State Toll 
27
    Highway Authority, the Illinois Housing Development 
28
    Authority,
the Illinois Community College Board, and 
29
    institutions under the
jurisdiction of the Board of 
30
    Trustees
of the University of Illinois, Board of Trustees 
31
    of Southern Illinois
University, Board of Trustees of 
32
    Chicago State University,
Board of Trustees of Eastern 
 


 






SB2683 Enrolled
- 2 -
LRB093 20434 JAM 46217 b




1
    Illinois University, Board of Trustees of
Governor's State 
2
    University, Board of Trustees of Illinois State 
3
    University,
Board of Trustees of Northeastern Illinois 
4
    University, Board of Trustees of
Northern Illinois 
5
    University, Board of Trustees of Western Illinois

6
    University, or Board of Trustees of the Illinois 
7
    Mathematics and Science
Academy, and are compensated for 
8
    services as employees and not as
independent contractors 
9
    and who:


10
            (1) are, or function as, the head of a department, 
11
        commission, board,
division, bureau, authority or 
12
        other administrative unit within the
government of 
13
        this State, or who exercise similar authority within 
14
        the
government of this State;


15
            (2) have direct supervisory authority over, or 
16
        direct responsibility for
the formulation, 
17
        negotiation, issuance or execution of contracts 
18
        entered into
by the State in the amount of $5,000 or 
19
        more;


20
            (3) have authority for the issuance or 
21
        promulgation of rules and
regulations within areas 
22
        under the authority of the State;


23
            (4) have authority for the approval of 
24
        professional licenses;


25
            (5) have responsibility with respect to the 
26
        financial inspection
of regulated nongovernmental 
27
        entities;


28
            (6) adjudicate, arbitrate, or decide any judicial 
29
        or administrative
proceeding, or review the 
30
        adjudication, arbitration or decision of any judicial

31
        or administrative proceeding within the authority of 
32
        the State; or


33
            (7) have supervisory responsibility for 20 or more 
34
        employees of the
State; or .


35
            (8) negotiate, assign, authorize, or grant naming 
36
        rights or sponsorship rights regarding any property or 
 


 






SB2683 Enrolled
- 3 -
LRB093 20434 JAM 46217 b




1
        asset of the State, whether real, personal, tangible, 
2
        or intangible.

3
        (g) Persons who are elected to office in a unit of 
4
    local government,
and candidates for nomination or 
5
    election to that office, including regional

6
    superintendents of school districts.


7
        (h) Persons appointed to the governing board of a unit 
8
    of local
government, or of a special district, and persons 
9
    appointed to a zoning
board, or zoning board of appeals, or 
10
    to a regional, county, or municipal
plan commission, or to 
11
    a board of review of any county, and persons
appointed to 
12
    the Board of the Metropolitan Pier and Exposition Authority

13
    and any Trustee appointed under Section 22 of the 
14
    Metropolitan Pier and
Exposition Authority Act, and 
15
    persons appointed to a board or commission of
a unit of 
16
    local government who have authority to authorize the 
17
    expenditure of
public funds.  This subsection does not apply 
18
    to members of boards or
commissions who function in an 
19
    advisory capacity.


20
        (i) Persons who are employed by a unit of local 
21
    government and are
compensated for services as employees 
22
    and not as independent contractors and
who:


23
            (1) are, or function as, the head of a department, 
24
        division, bureau,
authority or other administrative 
25
        unit within the unit of local
government, or who 
26
        exercise similar authority within the unit of local

27
        government;


28
            (2) have direct supervisory authority over, or 
29
        direct responsibility for
the formulation, 
30
        negotiation, issuance or execution of contracts 
31
        entered into
by the unit of local government in the 
32
        amount of $1,000 or greater;


33
            (3) have authority to approve licenses
and permits 
34
        by the unit of local government; this item does not 
35
        include
employees who function in a ministerial 
36
        capacity;


 


 






SB2683 Enrolled
- 4 -
LRB093 20434 JAM 46217 b




1
            (4) adjudicate, arbitrate, or decide any judicial 
2
        or administrative
proceeding, or review the 
3
        adjudication, arbitration or decision of any judicial

4
        or administrative proceeding within the authority of 
5
        the unit of local
government;


6
            (5) have authority to issue or promulgate rules and 
7
        regulations within
areas under the authority of the 
8
        unit of local government; or


9
            (6) have supervisory responsibility for 20 or more 
10
        employees of the
unit of local government.


11
        (j) Persons on the Board of Trustees of the Illinois 
12
    Mathematics and
Science Academy.


13
        (k) Persons employed by a school district in positions 
14
    that
require that
person to hold an administrative or a 
15
    chief school business official
endorsement.


16
        (l) Special government agents. A "special government 
17
    agent" is a
person who is directed, retained, designated, 
18
    appointed, or
employed, with or without compensation, by or 
19
    on behalf of a
statewide executive branch constitutional 
20
    officer to make an ex
parte communication under Section 
21
    5-50 of the State Officials and
Employees Ethics Act or 
22
    Section 5-165 of the Illinois
Administrative Procedure 
23
    Act.



24
    This Section shall not be construed to prevent any unit of 
25
local government
from enacting financial disclosure 
26
requirements that mandate
 more information
than required by 
27
this Act.


28
(Source: P.A. 93-617, eff. 12-9-03.)

 

29
    Section 99. Effective date. This Act takes effect upon 
30
becoming law.