Full Text of SB2142 95th General Assembly
SB2142sam001 95TH GENERAL ASSEMBLY
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Sen. Dave Syverson
Filed: 4/10/2008
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| AMENDMENT TO SENATE BILL 2142
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| AMENDMENT NO. ______. Amend Senate Bill 2142 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning State fiscal matters."; and
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| by replacing everything after the enacting clause with the | 6 |
| following: | 7 |
| "Section 5. The Pension Impact Note Act is amended by | 8 |
| changing Section 2 as follows: | 9 |
| (25 ILCS 55/2) (from Ch. 63, par. 42.42)
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| Sec. 2. Pension impact notes. The Commission on Government | 11 |
| Forecasting and Accountability, hereafter in
this Act referred | 12 |
| to as the "Commission",
shall prepare a written pension system | 13 |
| impact note in relation to any bill
introduced in either house | 14 |
| of the General Assembly which proposes to amend,
revise, or add | 15 |
| to any provision of the Illinois Pension Code or
the State |
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| Pension Funds Continuing Appropriation Act. Upon the | 2 |
| introduction of
any such bill, the Clerk of the House or the
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| Secretary of the Senate shall forward the bill to the | 4 |
| Commission, which
shall prepare such a note within 7 calendar | 5 |
| days after receiving the
request. The bill shall be held on | 6 |
| second reading until the note
has been received.
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| The note on any bill altering the basis on which the | 8 |
| State's contributions to any retirement system created under | 9 |
| the Illinois Pension Code is made shall include actuarial, | 10 |
| long-term projections comparing year-by-year contributions to | 11 |
| the system through fiscal year 2045 with those under the | 12 |
| proposed changes in the bill. | 13 |
| Copies of each pension impact note shall be furnished by | 14 |
| the Commission to
the presiding officer of each house, the | 15 |
| minority leader of each house, the
Clerk of the House of | 16 |
| Representatives, the Secretary of the Senate, the sponsor
of | 17 |
| the bill which is the subject of the note, the member, if any, | 18 |
| who initiated
the request for the note, the Chairman of the | 19 |
| House Committee on Personnel and
Pensions, and the Chairman of | 20 |
| the Senate Committee on Insurance, Pensions and
Licensed | 21 |
| Activities.
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| (Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)
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| Section 10. The Criminal Code of 1961 is amended by | 24 |
| changing Section 33-3 as follows:
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| (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
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| Sec. 33-3. Official
Misconduct.) A public officer or | 3 |
| employee or special government agent commits misconduct
when, | 4 |
| in his official capacity or capacity as a special government | 5 |
| agent, he commits any of the following acts:
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| (a) Intentionally or recklessly fails to perform any | 7 |
| mandatory duty as
required by law; or
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| (b) Knowingly performs an act which he knows he is | 9 |
| forbidden by law to
perform; or
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| (c) With intent to obtain a personal advantage for | 11 |
| himself or another,
he performs an act in excess of his | 12 |
| lawful authority; or
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| (d) Solicits or knowingly accepts for the performance | 14 |
| of any act a fee
or reward which he knows is not authorized | 15 |
| by law ; or .
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| (e) Intentionally or recklessly as Governor introduces | 17 |
| a budget in the General Assembly or makes any proposal | 18 |
| which represents gubernatorial financial irresponsibility. | 19 |
| For the purposes of this paragraph (e), "gubernatorial | 20 |
| financial irresponsibility" means a budget or separate | 21 |
| proposal made by the Governor, or implementation by an | 22 |
| agency under the Governor without specific legislative | 23 |
| approval of any proposal, which (i) expands or creates | 24 |
| State government programs or services without an | 25 |
| identified revenue source sufficient to fully fund the | 26 |
| costs of such expanded or new programs or services; (ii) |
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| materially increases costs to the State beyond the next | 2 |
| fiscal year (including but not limited to pension and bond | 3 |
| debt payments), without an identified revenue source | 4 |
| sufficient to fully fund the long-term costs; or (iii) | 5 |
| includes a funding or financing plan which would not meet | 6 |
| generally accepted prudent business or financing practices | 7 |
| in the private sector. The identified and previously | 8 |
| enacted revenue source shall not exceed the revenue | 9 |
| estimated for such source by the Governor's Office of | 10 |
| Management and Budget, with detailed estimates provided as | 11 |
| an addendum to any budget or proposal proposed by the | 12 |
| Governor; or | 13 |
| (f) Intentionally or recklessly as a legislator votes | 14 |
| to approve legislation which represents legislative | 15 |
| financial irresponsibility. For the purposes of this | 16 |
| paragraph (f), "legislative financial irresponsibility" | 17 |
| means an appropriation bill or substantive legislation | 18 |
| which (i) expands or creates State government programs or | 19 |
| services without an identified and previously enacted | 20 |
| revenue source sufficient to fully fund the cost of such | 21 |
| expanded or new programs or services; (ii) materially | 22 |
| increases costs to the State beyond the next fiscal year | 23 |
| (including but not limited to pension and bond debt | 24 |
| payments), without an identified and previously enacted | 25 |
| revenue source sufficient to fully fund the long-term | 26 |
| costs; or (iii) includes a funding or financing plan which |
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| would not meet generally accepted prudent business or | 2 |
| financing practices in the private sector. The identified | 3 |
| and previously enacted revenue source shall not exceed the | 4 |
| revenue estimated for such source by the Commission on | 5 |
| Government Forecasting and Accountability, in the amount | 6 |
| required in the Commission's judgment to fully fund the | 7 |
| legislation and all other such legislation previously | 8 |
| enacted. | 9 |
| A public officer or employee or special government agent
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| convicted of violating any provision of
this Section forfeits | 11 |
| his office or employment or position as a special government | 12 |
| agent. In addition, he commits a
Class
3 felony. In addition, | 13 |
| any elected State official who is convicted of violating | 14 |
| paragraph (e) or (f) of this Section and who is entitled to a | 15 |
| State-funded pension shall be liable for damages, payable to | 16 |
| the State, which shall equal the sum of the present value of | 17 |
| all State pension payments payable to him or her after his or | 18 |
| her forfeiture of office, as calculated by the actuaries for | 19 |
| any State pension system for which the official is entitled to | 20 |
| a pension. In addition, any elected State official who is | 21 |
| convicted of violating paragraph (e) or (f) of this Section | 22 |
| shall be liable for damages, payable to the State, for the | 23 |
| costs of attorneys' fees and time, and related court costs, | 24 |
| incurred by the State or local officials prosecuting the | 25 |
| violation. | 26 |
| For purposes of this Section, "special government agent" |
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| has the meaning ascribed to it in subsection (l) of Section | 2 |
| 4A-101 of the Illinois Governmental Ethics Act.
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| (Source: P.A. 94-338, eff. 1-1-06.)".
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