97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4712

 

Introduced 2/3/2012, by Rep. Pam Roth

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-101  from Ch. 127, par. 604A-101

    Amends the Illinois Governmental Ethics Act. Requires former members of the General Assembly to file statements of economic interests for a period of 2 years following the termination of their terms of office if they elect to do so. Effective immediately.


LRB097 14542 JDS 59397 b

 

 

A BILL FOR

 

HB4712LRB097 14542 JDS 59397 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by 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
8persons shall file verified written statements of economic
9interests, as provided in this Article:
10        (a) Members of the General Assembly, and candidates for
11    nomination or election to the General Assembly, and, for a
12    period of 2 years following the termination of their term
13    of office, former members of the General Assembly who have
14    elected to continue filing statements of economic
15    interests during that time.
16        (b) Persons holding an elected office in the Executive
17    Branch of this State, and candidates for nomination or
18    election to these offices.
19        (c) Members of a Commission or Board created by the
20    Illinois Constitution, and candidates for nomination or
21    election to such Commission or Board.
22        (d) Persons whose appointment to office is subject to
23    confirmation by the Senate and persons appointed by the

 

 

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1    Governor to any other position on a board or commission
2    described in subsection (a) of Section 15 of the
3    Gubernatorial Boards and Commissions Act.
4        (e) Holders of, and candidates for nomination or
5    election to, the office of judge or associate judge of the
6    Circuit Court and the office of judge of the Appellate or
7    Supreme Court.
8        (f) Persons who are employed by any branch, agency,
9    authority or board of the government of this State,
10    including but not limited to, the Illinois State Toll
11    Highway Authority, the Illinois Housing Development
12    Authority, the Illinois Community College Board, and
13    institutions under the jurisdiction of the Board of
14    Trustees of the University of Illinois, Board of Trustees
15    of Southern Illinois University, Board of Trustees of
16    Chicago State University, Board of Trustees of Eastern
17    Illinois University, Board of Trustees of Governor's State
18    University, Board of Trustees of Illinois State
19    University, Board of Trustees of Northeastern Illinois
20    University, Board of Trustees of Northern Illinois
21    University, Board of Trustees of Western Illinois
22    University, or Board of Trustees of the Illinois
23    Mathematics and Science Academy, and are compensated for
24    services as employees and not as independent contractors
25    and who:
26            (1) are, or function as, the head of a department,

 

 

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1        commission, board, division, bureau, authority or
2        other administrative unit within the government of
3        this State, or who exercise similar authority within
4        the government of this State;
5            (2) have direct supervisory authority over, or
6        direct responsibility for the formulation,
7        negotiation, issuance or execution of contracts
8        entered into by the State in the amount of $5,000 or
9        more;
10            (3) have authority for the issuance or
11        promulgation of rules and regulations within areas
12        under the authority of the State;
13            (4) have authority for the approval of
14        professional licenses;
15            (5) have responsibility with respect to the
16        financial inspection of regulated nongovernmental
17        entities;
18            (6) adjudicate, arbitrate, or decide any judicial
19        or administrative proceeding, or review the
20        adjudication, arbitration or decision of any judicial
21        or administrative proceeding within the authority of
22        the State;
23            (7) have supervisory responsibility for 20 or more
24        employees of the State;
25            (8) negotiate, assign, authorize, or grant naming
26        rights or sponsorship rights regarding any property or

 

 

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1        asset of the State, whether real, personal, tangible,
2        or intangible; or
3            (9) have responsibility with respect to the
4        procurement of goods or services.
5        (g) Persons who are elected to office in a unit of
6    local government, and candidates for nomination or
7    election to that office, including regional
8    superintendents of school districts.
9        (h) Persons appointed to the governing board of a unit
10    of local government, or of a special district, and persons
11    appointed to a zoning board, or zoning board of appeals, or
12    to a regional, county, or municipal plan commission, or to
13    a board of review of any county, and persons appointed to
14    the Board of the Metropolitan Pier and Exposition Authority
15    and any Trustee appointed under Section 22 of the
16    Metropolitan Pier and Exposition Authority Act, and
17    persons appointed to a board or commission of a unit of
18    local government who have authority to authorize the
19    expenditure of public funds. This subsection does not apply
20    to members of boards or commissions who function in an
21    advisory capacity.
22        (i) Persons who are employed by a unit of local
23    government and are compensated for services as employees
24    and not as independent contractors and who:
25            (1) are, or function as, the head of a department,
26        division, bureau, authority or other administrative

 

 

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1        unit within the unit of local government, or who
2        exercise similar authority within the unit of local
3        government;
4            (2) have direct supervisory authority over, or
5        direct responsibility for the formulation,
6        negotiation, issuance or execution of contracts
7        entered into by the unit of local government in the
8        amount of $1,000 or greater;
9            (3) have authority to approve licenses and permits
10        by the unit of local government; this item does not
11        include employees who function in a ministerial
12        capacity;
13            (4) adjudicate, arbitrate, or decide any judicial
14        or administrative proceeding, or review the
15        adjudication, arbitration or decision of any judicial
16        or administrative proceeding within the authority of
17        the unit of local government;
18            (5) have authority to issue or promulgate rules and
19        regulations within areas under the authority of the
20        unit of local government; or
21            (6) have supervisory responsibility for 20 or more
22        employees of the unit of local government.
23        (j) Persons on the Board of Trustees of the Illinois
24    Mathematics and Science Academy.
25        (k) Persons employed by a school district in positions
26    that require that person to hold an administrative or a

 

 

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1    chief school business official endorsement.
2        (l) Special government agents. A "special government
3    agent" is a person who is directed, retained, designated,
4    appointed, or employed, with or without compensation, by or
5    on behalf of a statewide executive branch constitutional
6    officer to make an ex parte communication under Section
7    5-50 of the State Officials and Employees Ethics Act or
8    Section 5-165 of the Illinois Administrative Procedure
9    Act.
10        (m) Members of the board of commissioners of any flood
11    prevention district created under the Flood Prevention
12    District Act or the Beardstown Regional Flood Prevention
13    District Act.
14        (n) Members of the board of any retirement system or
15    investment board established under the Illinois Pension
16    Code, if not required to file under any other provision of
17    this Section.
18        (o) Members of the board of any pension fund
19    established under the Illinois Pension Code, if not
20    required to file under any other provision of this Section.
21    This Section shall not be construed to prevent any unit of
22local government from enacting financial disclosure
23requirements that mandate more information than required by
24this Act.
25(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
26eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.