96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1203

 

Introduced 2/11/2009, by Rep. Robert F. Flider - Michael K. Smith - Mark L. Walker - Keith Farnham - Daniel V. Beiser, et al.

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-101   from Ch. 127, par. 604A-101
5 ILCS 420/4A-105   from Ch. 127, par. 604A-105
5 ILCS 420/4A-107   from Ch. 127, par. 604A-107
25 ILCS 170/4.5 new
25 ILCS 170/11.3 new

    Amends the Illinois Governmental Ethics Act and the Lobbyist Registration Act. Redefines a special government agent who must file a statement of economic interests to include a person who, by or on behalf of a statewide executive branch constitutional officer, is directed, retained, designated, appointed, or employed to cause the making of an ex parte communication. Requires that a special government agent file a statement of economic interests before making any ex parte communications (now, within 30 days after). Makes a special government agent's failure to file a statement a Class 4 felony. Makes a special government agent ineligible for registration under the Lobbyist Registration Act. Makes it a violation of that Act for a person required to register to act as a special government agent and for a special government agent to engage in lobbying. Prohibits a person subject to the Act from accepting compensation from a State agency for lobbying legislative action. Exempts the salaries of full-time State employees with responsibilities or authority other than lobbying.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning government.
 
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 Sections 4A-101, 4A-105, and 4A-107 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.

 

 

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1         (f) Persons who are employed by any branch, agency,
2     authority or board of the government of this State,
3     including but not limited to, the Illinois State Toll
4     Highway Authority, the Illinois Housing Development
5     Authority, the Illinois Community College Board, and
6     institutions under the jurisdiction of the Board of
7     Trustees of the University of Illinois, Board of Trustees
8     of Southern Illinois University, Board of Trustees of
9     Chicago State University, Board of Trustees of Eastern
10     Illinois University, Board of Trustees of Governor's State
11     University, Board of Trustees of Illinois State
12     University, Board of Trustees of Northeastern Illinois
13     University, Board of Trustees of Northern Illinois
14     University, Board of Trustees of Western Illinois
15     University, or Board of Trustees of the Illinois
16     Mathematics and Science Academy, and are compensated for
17     services as employees and not as independent contractors
18     and who:
19             (1) are, or function as, the head of a department,
20         commission, board, division, bureau, authority or
21         other administrative unit within the government of
22         this State, or who exercise similar authority within
23         the government of this State;
24             (2) have direct supervisory authority over, or
25         direct responsibility for the formulation,
26         negotiation, issuance or execution of contracts

 

 

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1         entered into by the State in the amount of $5,000 or
2         more;
3             (3) have authority for the issuance or
4         promulgation of rules and regulations within areas
5         under the authority of the State;
6             (4) have authority for the approval of
7         professional licenses;
8             (5) have responsibility with respect to the
9         financial inspection of regulated nongovernmental
10         entities;
11             (6) adjudicate, arbitrate, or decide any judicial
12         or administrative proceeding, or review the
13         adjudication, arbitration or decision of any judicial
14         or administrative proceeding within the authority of
15         the State;
16             (7) have supervisory responsibility for 20 or more
17         employees of the State; or
18             (8) negotiate, assign, authorize, or grant naming
19         rights or sponsorship rights regarding any property or
20         asset of the State, whether real, personal, tangible,
21         or intangible.
22         (g) Persons who are elected to office in a unit of
23     local government, and candidates for nomination or
24     election to that office, including regional
25     superintendents of school districts.
26         (h) Persons appointed to the governing board of a unit

 

 

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1     of local government, or of a special district, and persons
2     appointed to a zoning board, or zoning board of appeals, or
3     to a regional, county, or municipal plan commission, or to
4     a board of review of any county, and persons appointed to
5     the Board of the Metropolitan Pier and Exposition Authority
6     and any Trustee appointed under Section 22 of the
7     Metropolitan Pier and Exposition Authority Act, and
8     persons appointed to a board or commission of a unit of
9     local government who have authority to authorize the
10     expenditure of public funds. This subsection does not apply
11     to members of boards or commissions who function in an
12     advisory capacity.
13         (i) Persons who are employed by a unit of local
14     government and are compensated for services as employees
15     and not as independent contractors and who:
16             (1) are, or function as, the head of a department,
17         division, bureau, authority or other administrative
18         unit within the unit of local government, or who
19         exercise similar authority within the unit of local
20         government;
21             (2) have direct supervisory authority over, or
22         direct responsibility for the formulation,
23         negotiation, issuance or execution of contracts
24         entered into by the unit of local government in the
25         amount of $1,000 or greater;
26             (3) have authority to approve licenses and permits

 

 

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1         by the unit of local government; this item does not
2         include employees who function in a ministerial
3         capacity;
4             (4) adjudicate, arbitrate, or decide any judicial
5         or administrative proceeding, or review the
6         adjudication, arbitration or decision of any judicial
7         or administrative proceeding within the authority of
8         the unit of local government;
9             (5) have authority to issue or promulgate rules and
10         regulations within areas under the authority of the
11         unit of local government; or
12             (6) have supervisory responsibility for 20 or more
13         employees of the unit of local government.
14         (j) Persons on the Board of Trustees of the Illinois
15     Mathematics and Science Academy.
16         (k) Persons employed by a school district in positions
17     that require that person to hold an administrative or a
18     chief school business official endorsement.
19         (l) Special government agents. A "special government
20     agent" is a person who is directed, retained, designated,
21     appointed, or employed, with or without compensation, by or
22     on behalf of a statewide executive branch constitutional
23     officer to make, or cause to be made, an ex parte
24     communication under Section 5-50 of the State Officials and
25     Employees Ethics Act or Section 5-165 of the Illinois
26     Administrative Procedure Act.

 

 

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1         (m) Members of the board of commissioners of any flood
2     prevention district.
3     This Section shall not be construed to prevent any unit of
4 local government from enacting financial disclosure
5 requirements that mandate more information than required by
6 this Act.
7 (Source: P.A. 95-719, eff. 5-21-08.)
 
8     (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
9     Sec. 4A-105. Time for filing. Except as provided in
10 Section 4A-106.1, by May 1 of each year a statement must be
11 filed by each person whose position at that time subjects him
12 to the filing requirements of Section 4A-101 unless he has
13 already filed a statement in relation to the same unit of
14 government in that calendar year.
15     Statements must also be filed as follows:
16         (a) A candidate for elective office shall file his
17     statement not later than the end of the period during which
18     he can take the action necessary under the laws of this
19     State to attempt to qualify for nomination, election, or
20     retention to such office if he has not filed a statement in
21     relation to the same unit of government within a year
22     preceding such action.
23         (b) A person whose appointment to office is subject to
24     confirmation by the Senate shall file his statement at the
25     time his name is submitted to the Senate for confirmation.

 

 

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1         (b-5) A special government agent, as defined in item
2     (1) of Section 4A-101 of this Act, shall file a statement
3     before within 30 days after making the first ex parte
4     communication and each May 1 thereafter if he or she has
5     made an ex parte communication within the previous 12
6     months.
7         (c) Any other person required by this Article to file
8     the statement shall file a statement at the time of his or
9     her initial appointment or employment in relation to that
10     unit of government if appointed or employed by May 1.
11     If any person who is required to file a statement of
12 economic interests fails to file such statement by May 1 of any
13 year, the officer with whom such statement is to be filed under
14 Section 4A-106 of this Act shall, within 7 days after May 1,
15 notify such person by certified mail of his or her failure to
16 file by the specified date. Except as may be prescribed by rule
17 of the Secretary of State, such person shall file his or her
18 statement of economic interests on or before May 15 with the
19 appropriate officer, together with a $15 late filing fee. Any
20 such person who fails to file by May 15 shall be subject to a
21 penalty of $100 for each day from May 16 to the date of filing,
22 which shall be in addition to the $15 late filing fee specified
23 above. Failure to file by May 31 shall result in a forfeiture
24 in accordance with Section 4A-107 of this Act.
25     Any person who takes office or otherwise becomes required
26 to file a statement of economic interests within 30 days prior

 

 

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1 to May 1 of any year may file his or her statement at any time
2 on or before May 31 without penalty. If such person fails to
3 file such statement by May 31, the officer with whom such
4 statement is to be filed under Section 4A-106 of this Act
5 shall, within 7 days after May 31, notify such person by
6 certified mail of his or her failure to file by the specified
7 date. Such person shall file his or her statement of economic
8 interests on or before June 15 with the appropriate officer,
9 together with a $15 late filing fee. Any such person who fails
10 to file by June 15 shall be subject to a penalty of $100 per day
11 for each day from June 16 to the date of filing, which shall be
12 in addition to the $15 late filing fee specified above. Failure
13 to file by June 30 shall result in a forfeiture in accordance
14 with Section 4A-107 of this Act.
15     All late filing fees and penalties collected pursuant to
16 this Section shall be paid into the General Revenue Fund in the
17 State treasury, if the Secretary of State receives such
18 statement for filing, or into the general fund in the county
19 treasury, if the county clerk receives such statement for
20 filing. The Attorney General, with respect to the State, and
21 the several State's Attorneys, with respect to counties, shall
22 take appropriate action to collect the prescribed penalties.
23     Failure to file a statement of economic interests within
24 the time prescribed shall not result in a fine or ineligibility
25 for, or forfeiture of, office or position of employment, as the
26 case may be; provided that the failure to file results from not

 

 

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1 being included for notification by the appropriate agency,
2 clerk, secretary, officer or unit of government, as the case
3 may be, and that a statement is filed within 30 days of actual
4 notice of the failure to file.
5 (Source: P.A. 93-617, eff. 12-9-03.)
 
6     (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
7     Sec. 4A-107. Any person required to file a statement of
8 economic interests under this Article who willfully files a
9 false or incomplete statement shall be guilty of a Class A
10 misdemeanor.
11     Failure to file a statement within the time prescribed
12 shall result in ineligibility for, or forfeiture of, office or
13 position of employment, as the case may be; provided, however,
14 that if the notice of failure to file a statement of economic
15 interests provided in Section 4A-105 of this Act is not given
16 by the Secretary of State or the county clerk, as the case may
17 be, no forfeiture shall result if a statement is filed within
18 30 days of actual notice of the failure to file. In addition,
19 in the case of a special government agent as defined in Section
20 4A-101(l), failure to file shall result in a Class 4 felony.
21     The Attorney General, with respect to offices or positions
22 described in items (a) through (f) and items (j) and (l) of
23 Section 4A-101 of this Act, or the State's Attorney of the
24 county of the entity for which the filing of statements of
25 economic interests is required, with respect to offices or

 

 

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1 positions described in items (g) through (i) and item (k) of
2 Section 4A-101 of this Act, shall bring an action in quo
3 warranto against any person who has failed to file by either
4 May 31 or June 30 of any given year.
5 (Source: P.A. 93-617, eff. 12-9-03.)
 
6     Section 10. The Lobbyist Registration Act is amended by
7 adding Sections 4.5 and 11.3 as follows:
 
8     (25 ILCS 170/4.5 new)
9     Sec. 4.5. Special government agent. A special government
10 agent is ineligible to register under this Act.
11     It is a violation of this Act for a special government
12 agent to engage in activities for which this Act requires
13 registration.
14     It is a violation of this Act for a person registered or
15 required to register under this Act to act as a special
16 government agent.
17     "Special government agent" means a person required by item
18 (l) of Section 4A-101 of the Illinois Governmental Ethics Act
19 to file a statement of economic interests.
 
20     (25 ILCS 170/11.3 new)
21     Sec. 11.3. Compensation from a State agency. It is a
22 violation of this Act for a person registered or required to be
23 registered under this Act to accept or agree to accept

 

 

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1 compensation from a State agency for the purpose of lobbying
2 legislative action.
3     This Section does not apply to compensation that is a
4 portion of the salary of a full-time employee of a State agency
5 whose responsibility or authority includes, but is not limited
6 to, lobbying executive, legislative, or administrative action.
7     For the purpose of this Section, "State agency" is defined
8 as in the Illinois State Auditing Act.