Rep. Kelly M. Burke

Filed: 5/31/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 539

2    AMENDMENT NO. ______. Amend Senate Bill 539, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Governmental Ethics Act is
6amended by changing Sections 1-109, 1-110, 2-101, 3A-50,
74A-102, 4A-103, 4A-107, and 4A-108 and by adding Sections
81-102.5, 1-104.3, 1-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.5,
91-105.6, 1-105.7, 1-112.5, 1-113.6, and 1-113.7 as follows:
 
10    (5 ILCS 420/1-102.5 new)
11    Sec. 1-102.5. "Asset" means, for the purposes of Sections
124A-102 and 4A-103, an item that is owned and has monetary
13value. For the purposes of Sections 4A-102 and 4A-103, assets
14include, but are not limited to: stocks, bonds, sector mutual
15funds, sector exchange traded funds, commodity futures,
16investment real estate, beneficial interests in trusts,

 

 

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1business interests, and partnership interests. For the
2purposes of Sections 4A-102 and 4A-103, assets do not include:
3personal residences; personal vehicles; savings or checking
4accounts; bonds, notes, or securities issued by any branch of
5federal, state, or local government; Medicare benefits;
6inheritances or bequests, other than beneficial interests in
7trusts; diversified funds; annuities; pensions (including
8government pensions); retirement accounts; college savings
9plans that are qualified tuition plans; qualified
10tax-advantaged savings programs that allow individuals to save
11for disability-related expenses; or tangible personal
12property.
 
13    (5 ILCS 420/1-104.3 new)
14    Sec. 1-104.3. "Creditor" means, for the purposes of
15Sections 4A-102 and 4A-103, an individual, organization, or
16other business entity to whom money or its equivalent is owed,
17no matter whether that obligation is secured or unsecured,
18except that if a filer makes a loan to members of his or her
19family, then that filer does not, by making such a loan, become
20a creditor of that individual for the purposes of Sections
214A-102 and 4A-103 of this Act.
 
22    (5 ILCS 420/1-104.4 new)
23    Sec. 1-104.4. "Debt" means, for the purposes of Sections
244A-102 and 4A-103, any money or monetary obligation owed at

 

 

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1any time during the preceding calendar year to an individual,
2company, or other organization, other than a loan that is from
3a financial institution, government agency, or business entity
4and that is granted on terms made available to the general
5public. For the purposes of Sections 4A-102 and 4A-103, "debt"
6includes, but is not limited to: personal loans from friends
7or business associates, business loans made outside the
8lender's regular course of business, and loans made at below
9market rates. For the purposes of Sections 4A-102 and 4A-103,
10"debt" does not include: (i) debts to or from financial
11institutions or government entities, such as mortgages,
12student loans, credit card debts, or loans secured by
13automobiles, household furniture, or appliances, as long as
14those loans were made on terms available to the general public
15and do not exceed the purchase price of the items securing
16them; (ii) debts to or from a political committee registered
17with the Illinois State Board of Elections or political
18committees, principal campaign committees, or authorized
19committees registered with the Federal Election Commission; or
20(iii) a loan from a member of the filer's family not known by
21the filer to be registered to lobby under the Lobbyist
22Registration Act.
 
23    (5 ILCS 420/1-104.5 new)
24    Sec. 1-104.5. "Diversified funds" means investment
25products, such as mutual funds, exchange traded funds, or unit

 

 

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1investment trusts, that invest in a wide variety of securities
2across multiple sectors or asset classes. "Diversified funds"
3does not include sector funds.
 
4    (5 ILCS 420/1-105.2 new)
5    Sec. 1-105.2. "Economic relationship" means, for the
6purposes of Sections 4A-102 and 4A-103, any joint or shared
7ownership interests in businesses and creditor-debtor
8relationships with third parties, other than commercial
9lending institutions, where: (a) the filer is entitled to
10receive (i) more than 7.5% of the total distributable income,
11or (ii) an amount in excess of the salary of the Governor; or
12(b) the filer together with his or her spouse or minor children
13is entitled to receive (i) more than 15%, in the aggregate, of
14the total distributable income, or (ii) an amount in excess of
152 times the salary of the Governor.
 
16    (5 ILCS 420/1-105.3 new)
17    Sec. 1-105.3. "Family" means, for the purposes of Sections
184A-102 and 4A-103, a filer's spouse, children, step-children,
19parents, step-parents, siblings, step-siblings,
20half-siblings, sons-in-law, daughters-in-law, grandparents,
21and grandchildren, as well as the parents and grandparents of
22the filer's spouse, and any person living with the filer.
 
23    (5 ILCS 420/1-105.5 new)

 

 

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1    Sec. 1-105.5. "Filer" means, for the purposes of Section
24A-102 and 4A-103, a person required to file a statement of
3economic interests pursuant to this Act.
 
4    (5 ILCS 420/1-105.6 new)
5    Sec. 1-105.6. "Income" means, for the purposes of Sections
64A-102 and 4A-103, pension income and any income from whatever
7source derived, required to be reported on the filer's federal
8income tax return, including, but not limited to: compensation
9received for services rendered or to be rendered (as required
10to be reported on any Internal Revenue Service forms,
11including, but not limited to, Forms W-2, 1099, or K-1);
12earnings or capital gains from the sale of assets; profit;
13interest or dividend income from all assets; revenue from
14leases and rentals, royalties, prizes, awards, or barter;
15forgiveness of debt; and earnings derived from annuities or
16trusts other than testamentary trusts. "Income" does not
17include compensation earned for service in the position that
18necessitates the filing of the statement of economic
19interests, or investment or interest returns on items excluded
20from the definition of "asset", or income from the sale of a
21personal residence or personal vehicle.
 
22    (5 ILCS 420/1-105.7 new)
23    Sec. 1-105.7. "Investment real estate" means any real
24property, other than a filer's personal residences, purchased

 

 

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1to produce a profit, whether from income or resale. Investment
2real estate may be described by the city and state where the
3real estate is located.
 
4    (5 ILCS 420/1-109)  (from Ch. 127, par. 601-109)
5    Sec. 1-109. "Lobbying" means engaging in activities that
6require registration under the Lobbyist Registration
7Act promoting or opposing in any manner the passage by the
8General Assembly of any legislative matter affecting the
9interests of any individual, association or corporation as
10distinct from those of the people of the State as a whole.
11(Source: Laws 1967, p. 3401.)
 
12    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)
13    Sec. 1-110. "Lobbyist" means an individual who is required
14to be registered to engage in lobbying activities pursuant to
15the Lobbyist Registration Act any person required to be
16registered under "An Act concerning lobbying and providing a
17penalty for violation thereof", approved July 10, 1957, as
18amended.
19(Source: Laws 1967, p. 3401.)
 
20    (5 ILCS 420/1-112.5 new)
21    Sec. 1-112.5. "Personal residence" means, for the purposes
22of Sections 4A-102 and 4A-103, a filer's primary home
23residence and any residential real property held by the filer

 

 

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1and used by the filer for residential rather than commercial
2or income generating purposes.
 
3    (5 ILCS 420/1-113.6 new)
4    Sec. 1-113.6. "Sector funds" means mutual funds or
5exchange traded funds invested in a particular industry or
6business.
 
7    (5 ILCS 420/1-113.7 new)
8    Sec. 1-113.7. "Spouse" means a party to a marriage, a
9party to a civil union, or a registered domestic partner.
 
10    (5 ILCS 420/2-101)  (from Ch. 127, par. 602-101)
11    Sec. 2-101. Government official lobbying.
12    (a) No legislator may engage in promoting or opposing in
13any manner the passage by General Assembly of any legislative
14matter affecting the interests of any individual, association,
15or corporation as distinct from those of the people of the
16State as a whole lobbying, as that term is defined in Section
171-109, if he or she accepts compensation specifically
18attributable to such lobbying, other than that provided by law
19for members of the General Assembly. Nothing in this Section
20prohibits a legislator from lobbying without compensation.
21    No legislator or executive branch constitutional officer
22shall engage in compensated lobbying of the governing body of
23a municipality, county, or township, or an official thereof,

 

 

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1on behalf of any lobbyist or lobbying entity that is
2registered to lobby the General Assembly or the executive
3branch of the State of Illinois.
4    (b) No elected or appointed county executive or
5legislative official shall engage in compensated lobbying of
6the governing body of a county, municipality, township, the
7General Assembly, a State executive branch office or agency,
8or an official thereof, on behalf of any lobbyist or lobbying
9entity that is registered to lobby the county in which the
10official is elected or appointed.
11    (c) No elected or appointed municipal executive or
12legislative official shall engage in compensated lobbying of
13the governing body of a county, municipality, township, the
14General Assembly, a State executive branch office or agency,
15or an official thereof, on behalf of any lobbyist or lobbying
16entity that is registered to lobby the municipality in which
17the official is elected or appointed.
18    (d) No elected or appointed township executive or
19legislative official shall engage in compensated lobbying of
20the governing body of a county, municipality, township, the
21General Assembly, a State executive branch office or agency,
22or an official thereof, on behalf of any lobbyist or lobbying
23entity that is registered to lobby the township in which the
24official is elected or appointed.
25    (e) No elected or appointed municipal executive or
26legislative official shall engage in compensated lobbying of

 

 

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1the governing body of a county, municipality, or township, the
2General Assembly, a State executive branch office or agency,
3or an official thereof, on behalf of any lobbyist or lobbying
4entity if the person is an elected or appointed municipal
5executive or legislative official from a municipality exempted
6by the preemption provision of Section 11.2 of the Lobbyist
7Registration Act.
8    (f) A violation of this Section shall constitute a Class A
9misdemeanor.
10(Source: P.A. 77-2830.)
 
11    (5 ILCS 420/3A-50 new)
12    Sec. 3A-50. Appointee political activity.
13    (a) No person who is appointed to an affected office
14shall: (i) serve as an officer of a candidate political
15committee; or (ii) be a candidate who is designated as the
16candidate to be supported by a candidate political committee.
17    (b) A person appointed to an affected office who is either
18an officer of a candidate political committee or a candidate
19who is designated as the candidate to be supported by a
20candidate political committee shall within 30 days after
21confirmation by the Senate: (i) resign as an officer of the
22candidate political committee; (ii) have his or her name
23removed as the candidate to be supported by a candidate
24political committee; (iii) notify the State Board of Elections
25of the person's intent to convert the candidate political

 

 

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1committee to a limited activity committee under Section 9-1.8
2of the Election Code and complete the transition to a limited
3activity committee within 60 days after confirmation; or (iv)
4dissolve the candidate political committee. A person appointed
5to an affected office who is in violation of this subsection
6(b) on the effective date of this amendatory Act of the 102nd
7General Assembly must come into compliance within 30 days
8after the effective date of this amendatory Act of the 102nd
9General Assembly.
10    (c) As used in this Section:
11    "Affected office" means any office in which the appointee
12receives any form of compensation, other than the
13reimbursement of expenses, and whose appointment requires
14advise and consent of the Senate.
15    "Candidate political committee" has the meaning given to
16that term in Section 9-1.8 of the Election Code in which the
17person subject to confirmation by the Senate is designated as
18the candidate to be supported by the candidate political
19committee under Section 9-2 of the Code.
 
20    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
21    Sec. 4A-102. The statement of economic interests required
22by this Article shall include the economic interests of the
23person making the statement as provided in this Section.
24    (a) The interest (if constructively controlled by the
25person making the statement) of a spouse or any other party,

 

 

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1shall be considered to be the same as the interest of the
2person making the statement. Campaign receipts shall not be
3included in this statement. The following interests shall be
4listed by all persons required to file:
5        (1) each asset that has a value of more than $10,000 as
6    of the end of the preceding calendar year and is: (i) held
7    in the filer's name, (ii) held jointly by the filer with
8    his or her spouse, or (iii) held jointly by the filer with
9    his or her minor child or children. For a beneficial
10    interest in a trust, the value is based on the total value
11    of the assets either subject to the beneficial interest,
12    or from which income is to be derived for the benefit of
13    the beneficial interest, regardless of whether any
14    distributions have been made for the benefit of the
15    beneficial interest;
16        (2) excluding the income from the position that
17    requires the filing of a statement of economic interests
18    under this Act, each source of income in excess of $7,500
19    during the preceding calendar year (as required to be
20    reported on the filer's federal income tax return covering
21    the preceding calendar year) for the filer and his or her
22    spouse and, if the sale or transfer of an asset produced
23    more than $7,500 in capital gains during the preceding
24    calendar year, the transaction date on which that asset
25    was sold or transferred;
26        (3) each creditor of a debt in excess of $10,000 that,

 

 

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1    during the preceding calendar year, was: (i) owed by the
2    filer, (ii) owed jointly by the filer with his or her
3    spouse or (iii) owed jointly by the filer with his or her
4    minor child or children;
5        (4) the name of each unit of government of which the
6    filer or his or her spouse was an employee, contractor, or
7    office holder during the preceding calendar year other
8    than the unit or units of government in relation to which
9    the person is required to file and the title of the
10    position or nature of the contractual services;
11        (5) each person known to the filer to be registered as
12    a lobbyist with any unit of government in the State of
13    Illinois: (i) with whom the filer maintains an economic
14    relationship, or (ii) who is a member of the filer's
15    family; and
16        (6) each source and type of gift or gifts, or
17    honorarium or honoraria, valued singly or in the aggregate
18    in excess of $500 that was received during the preceding
19    calendar year, excluding any gift or gifts from a member
20    of the filer's family that was not known to the filer to be
21    registered as a lobbyist with any unit of government in
22    the State of Illinois.
23    For the purposes of this Section, the unit of local
24government in relation to which a person is required to file
25under item (e) of Section 4A-101.5 shall be the unit of local
26government that contributes to the pension fund of which such

 

 

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1person is a member of the board.
2    (b) Beginning December 1, 2025, and for every 5 years
3thereafter, the Secretary of State shall adjust the amounts
4specified under this Section that prompt disclosure under this
5Act for purposes of inflation as determined by the Consumer
6Price Index for All Urban Consumers as issued by the United
7States Department of Labor and rounded to the nearest $100.
8The Secretary shall publish this information on the official
9website of the Secretary of State, and make changes to the
10statement of economic interests form to be completed for the
11following year.
12    (c) The Secretary of State shall develop and make publicly
13available on his or her website written guidance relating to
14the completion and filing of the statement of economic
15interests upon which a filer may reasonably and in good faith
16rely.
17The interest (if constructively controlled by the person
18making the statement) of a spouse or any other party, shall be
19considered to be the same as the interest of the person making
20the statement. Campaign receipts shall not be included in this
21statement.
22        (a) The following interests shall be listed by all
23    persons required to file:
24            (1) The name, address and type of practice of any
25        professional organization or individual professional
26        practice in which the person making the statement was

 

 

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1        an officer, director, associate, partner or
2        proprietor, or served in any advisory capacity, from
3        which income in excess of $1200 was derived during the
4        preceding calendar year;
5            (2) The nature of professional services (other
6        than services rendered to the unit or units of
7        government in relation to which the person is required
8        to file) and the nature of the entity to which they
9        were rendered if fees exceeding $5,000 were received
10        during the preceding calendar year from the entity for
11        professional services rendered by the person making
12        the statement.
13            (3) The identity (including the address or legal
14        description of real estate) of any capital asset from
15        which a capital gain of $5,000 or more was realized in
16        the preceding calendar year.
17            (4) The name of any unit of government which has
18        employed the person making the statement during the
19        preceding calendar year other than the unit or units
20        of government in relation to which the person is
21        required to file.
22            (5) The name of any entity from which a gift or
23        gifts, or honorarium or honoraria, valued singly or in
24        the aggregate in excess of $500, was received during
25        the preceding calendar year.
26        (b) The following interests shall also be listed by

 

 

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1    persons listed in items (a) through (f), item (l), item
2    (n), and item (p) of Section 4A-101:
3            (1) The name and instrument of ownership in any
4        entity doing business in the State of Illinois, in
5        which an ownership interest held by the person at the
6        date of filing is in excess of $5,000 fair market value
7        or from which dividends of in excess of $1,200 were
8        derived during the preceding calendar year. (In the
9        case of real estate, location thereof shall be listed
10        by street address, or if none, then by legal
11        description). No time or demand deposit in a financial
12        institution, nor any debt instrument need be listed;
13            (2) Except for professional service entities, the
14        name of any entity and any position held therein from
15        which income of in excess of $1,200 was derived during
16        the preceding calendar year, if the entity does
17        business in the State of Illinois. No time or demand
18        deposit in a financial institution, nor any debt
19        instrument need be listed.
20            (3) The identity of any compensated lobbyist with
21        whom the person making the statement maintains a close
22        economic association, including the name of the
23        lobbyist and specifying the legislative matter or
24        matters which are the object of the lobbying activity,
25        and describing the general type of economic activity
26        of the client or principal on whose behalf that person

 

 

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1        is lobbying.
2        (c) The following interests shall also be listed by
3    persons listed in items (a) through (c) and item (e) of
4    Section 4A-101.5:
5            (1) The name and instrument of ownership in any
6        entity doing business with a unit of local government
7        in relation to which the person is required to file if
8        the ownership interest of the person filing is greater
9        than $5,000 fair market value as of the date of filing
10        or if dividends in excess of $1,200 were received from
11        the entity during the preceding calendar year. (In the
12        case of real estate, location thereof shall be listed
13        by street address, or if none, then by legal
14        description). No time or demand deposit in a financial
15        institution, nor any debt instrument need be listed.
16            (2) Except for professional service entities, the
17        name of any entity and any position held therein from
18        which income in excess of $1,200 was derived during
19        the preceding calendar year if the entity does
20        business with a unit of local government in relation
21        to which the person is required to file. No time or
22        demand deposit in a financial institution, nor any
23        debt instrument need be listed.
24            (3) The name of any entity and the nature of the
25        governmental action requested by any entity which has
26        applied to a unit of local government in relation to

 

 

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1        which the person must file for any license, franchise
2        or permit for annexation, zoning or rezoning of real
3        estate during the preceding calendar year if the
4        ownership interest of the person filing is in excess
5        of $5,000 fair market value at the time of filing or if
6        income or dividends in excess of $1,200 were received
7        by the person filing from the entity during the
8        preceding calendar year.
9    For the purposes of this Section, the unit of local
10government in relation to which a person required to file
11under item (e) of Section 4A-101.5 shall be the unit of local
12government that contributes to the pension fund of which such
13person is a member of the board.
14(Source: P.A. 101-221, eff. 8-9-19.)
 
15    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
16    Sec. 4A-103. The statement of economic interests required
17by this Article to be filed with the Secretary of State or
18county clerk shall be filled in by typewriting or hand
19printing, shall be verified, dated, and signed by the person
20making the statement and shall contain substantially the
21following:
 
22
STATEMENT OF ECONOMIC INTERESTS

 
23INSTRUCTIONS:

 

 

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1    You may find the following documents helpful to you in
2completing this form:
3        (1) federal income tax returns, including any related
4    schedules, attachments, and forms; and
5        (2) investment and brokerage statements.
6    To complete this form, you do not need to disclose
7specific amounts or values or report interests relating either
8to political committees registered with the Illinois State
9Board of Elections or to political committees, principal
10campaign committees, or authorized committees registered with
11the Federal Election Commission.
12    The information you disclose will be available to the
13public.
14    You must answer all 6 questions. Certain questions will
15ask you to report any applicable assets or debts held in, or
16payable to, your name; held jointly by, or payable to, you with
17your spouse; or held jointly by, or payable to, you with your
18minor child. If you have any concerns about whether an
19interest should be reported, please consult your department's
20ethics officer, if applicable.
21    Please ensure that the information you provide is complete
22and accurate. If you need more space than the form allows,
23please attach additional pages for your response. If you are
24subject to the State Officials and Employees Ethics Act, your
25ethics officer must review your statement of economic
26interests before you file it. Failure to complete the

 

 

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1statement in good faith and within the prescribed deadline may
2subject you to fines, imprisonment, or both.
 
3BASIC INFORMATION:
4Name:........................................................
5Job title:...................................................
6Office, department, or agency that requires you to file this
7form:........................................................
8Other offices, departments, or agencies that require you to
9file a Statement of Economic Interests form: ................
10Full mailing address:........................................
11Preferred e-mail address (optional):.........................
 
12QUESTIONS:
13    1. If you have any single asset that was worth more than
14$10,000 as of the end of the preceding calendar year and is
15held in, or payable to, your name, held jointly by, or payable
16to, you with your spouse, or held jointly by, or payable to,
17you with your minor child, list such assets below. In the case
18of investment real estate, list the city and state where the
19investment real estate is located. If you do not have any such
20assets, list "none" below.
21.............................................................
22.............................................................
23.............................................................
24.............................................................

 

 

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1.............................................................
2    2. Excluding the position for which you are required to
3file this form, list the source of any income in excess of
4$7,500 required to be reported during the preceding calendar
5year. If you sold an asset that produced more than $7,500 in
6capital gains in the preceding calendar year, list the name of
7the asset and the transaction date on which the sale or
8transfer took place. If you had no such sources of income or
9assets, list "none" below.
 
10Source of Income / Name of Date Sold (if applicable)
11Asset
12............................... ...............................
13............................... ...............................
14............................... ...............................
15    3. Excluding debts incurred on terms available to the
16general public, such as mortgages, student loans, and credit
17card debts, if you owed any single debt in the preceding
18calendar year exceeding $10,000, list the creditor of the debt
19below. If you had no such debts, list "none" below.
20    List the creditor for all applicable debts owed by you,
21owed jointly by you with your spouse, or owed jointly by you
22with your minor child. In addition to the types of debts listed
23above, you do not need to report any debts to or from financial
24institutions or government agencies, such as debts secured by
25automobiles, household furniture or appliances, as long as the

 

 

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1debt was made on terms available to the general public, debts
2to members of your family, or debts to or from a political
3committee registered with the Illinois State Board of
4Elections or any political committee, principal campaign
5committee, or authorized committee registered with the Federal
6Election Commission.
7.............................................................
8.............................................................
9.............................................................
10.............................................................
11    4. List the name of each unit of government of which you or
12your spouse were an employee, contractor, or office holder
13during the preceding calendar year other than the unit or
14units of government in relation to which the person is
15required to file and the title of the position or nature of the
16contractual services.
 
17Name of Unit of GovernmentTitle or Nature of Services
18............................... ...............................
19............................... ...............................
20............................... ...............................
21    5. If you maintain an economic relationship with a
22lobbyist or if a member of your family is known to you to be a
23lobbyist registered with any unit of government in the State
24of Illinois, list the name of the lobbyist below and identify
25the nature of your relationship with the lobbyist. If you do

 

 

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1not have an economic relationship with a lobbyist or a family
2member known to you to be a lobbyist registered with any unit
3of government in the State of Illinois, list "none" below.
 
4Name of LobbyistRelationship to Filer
5............................... ...............................
6............................... ...............................
7............................... ...............................
8    6. List the name of each person, organization, or entity
9that was the source of a gift or gifts, or honorarium or
10honoraria, valued singly or in the aggregate in excess of $500
11received during the preceding calendar year and the type of
12gift or gifts, or honorarium or honoraria, excluding any gift
13or gifts from a member of your family that was not known to be
14a lobbyist registered with any unit of government in the State
15of Illinois. If you had no such gifts, list "none" below.
16.............................................................
17.............................................................
18.............................................................
 
19VERIFICATION:
20    "I declare that this statement of economic interests
21(including any attachments) has been examined by me and to the
22best of my knowledge and belief is a true, correct and complete
23statement of my economic interests as required by the Illinois
24Governmental Ethics Act. I understand that the penalty for

 

 

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1willfully filing a false or incomplete statement is a fine not
2to exceed $2,500 or imprisonment in a penal institution other
3than the penitentiary not to exceed one year, or both fine and
4imprisonment."
5Printed Name of Filer:.......................................
6Date:........................................................
7Signature:...................................................
 
8If this statement of economic interests requires ethics
9officer review prior to filing, the applicable ethics officer
10must complete the following:
 
11CERTIFICATION OF ETHICS OFFICER REVIEW:
12    "In accordance with law, as Ethics Officer, I reviewed
13this statement of economic interests prior to its filing."
 
14Printed Name of Ethics Officer:..............................
15Date:........................................................
16Signature:...................................................
17Preferred e-mail address (optional):.........................
18
STATEMENT OF ECONOMIC INTEREST
19
(TYPE OR HAND PRINT)
20.............................................................
21(name)
22.............................................................
23(each office or position of employment for which this

 

 

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1statement is filed)
2.............................................................
3(full mailing address)
4GENERAL DIRECTIONS:
5    The interest (if constructively controlled by the person
6making the statement) of a spouse or any other party, shall be
7considered to be the same as the interest of the person making
8the statement.
9    Campaign receipts shall not be included in this statement.
10    If additional space is needed, please attach supplemental
11listing.
12    1. List the name and instrument of ownership in any entity
13doing business in the State of Illinois, in which the
14ownership interest held by the person at the date of filing is
15in excess of $5,000 fair market value or from which dividends
16in excess of $1,200 were derived during the preceding calendar
17year. (In the case of real estate, location thereof shall be
18listed by street address, or if none, then by legal
19description.) No time or demand deposit in a financial
20institution, nor any debt instrument need be listed.
21Business EntityInstrument of Ownership
22..............................................................
23..............................................................
24..............................................................
25..............................................................
26    2. List the name, address and type of practice of any

 

 

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1professional organization in which the person making the
2statement was an officer, director, associate, partner or
3proprietor or served in any advisory capacity, from which
4income in excess of $1,200 was derived during the preceding
5calendar year.
6NameAddressType of Practice
7.............................................................
8.............................................................
9.............................................................
10    3. List the nature of professional services rendered
11(other than to the State of Illinois) to each entity from which
12income exceeding $5,000 was received for professional services
13rendered during the preceding calendar year by the person
14making the statement.
15.............................................................
16.............................................................
17    4. List the identity (including the address or legal
18description of real estate) of any capital asset from which a
19capital gain of $5,000 or more was realized during the
20preceding calendar year.
21.............................................................
22.............................................................
23    5. List the identity of any compensated lobbyist with whom
24the person making the statement maintains a close economic
25association, including the name of the lobbyist and specifying
26the legislative matter or matters which are the object of the

 

 

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1lobbying activity, and describing the general type of economic
2activity of the client or principal on whose behalf that
3person is lobbying.
4LobbyistLegislative MatterClient or Principal
5.............................................................
6.............................................................
7    6. List the name of any entity doing business in the State
8of Illinois from which income in excess of $1,200 was derived
9during the preceding calendar year other than for professional
10services and the title or description of any position held in
11that entity. (In the case of real estate, location thereof
12shall be listed by street address, or if none, then by legal
13description). No time or demand deposit in a financial
14institution nor any debt instrument need be listed.
15EntityPosition Held
16..............................................................
17..............................................................
18..............................................................
19    7. List the name of any unit of government which employed
20the person making the statement during the preceding calendar
21year other than the unit or units of government in relation to
22which the person is required to file.
23.............................................................
24.............................................................
25    8. List the name of any entity from which a gift or gifts,
26or honorarium or honoraria, valued singly or in the aggregate

 

 

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1in excess of $500, was received during the preceding calendar
2year.
3.............................................................
4VERIFICATION:
5    "I declare that this statement of economic interests
6(including any accompanying schedules and statements) has been
7examined by me and to the best of my knowledge and belief is a
8true, correct and complete statement of my economic interests
9as required by the Illinois Governmental Ethics Act. I
10understand that the penalty for willfully filing a false or
11incomplete statement shall be a fine not to exceed $1,000 or
12imprisonment in a penal institution other than the
13penitentiary not to exceed one year, or both fine and
14imprisonment."
15................ ..........................................
16(date of filing) (signature of person making the statement)
17(Source: P.A. 95-173, eff. 1-1-08.)
 
18    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
19    Sec. 4A-107. Any person required to file a statement of
20economic interests under this Article who willfully files a
21false or incomplete statement shall be guilty of a Class A
22misdemeanor; provided, a filer's statement made in reasonable,
23good faith reliance on the guidance provided by the Secretary
24of State pursuant to Section 4A-102 or his or her ethics
25officer shall not constitute a willful false or incomplete

 

 

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1statement.
2    Except when the fees and penalties for late filing have
3been waived under Section 4A-105, failure to file a statement
4within the time prescribed shall result in ineligibility for,
5or forfeiture of, office or position of employment, as the
6case may be; provided, however, that if the notice of failure
7to file a statement of economic interests provided in Section
84A-105 of this Act is not given by the Secretary of State or
9the county clerk, as the case may be, no forfeiture shall
10result if a statement is filed within 30 days of actual notice
11of the failure to file. The Secretary of State shall provide
12the Attorney General with the names of persons who failed to
13file a statement. The county clerk shall provide the State's
14Attorney of the county of the entity for which the filing of
15statement of economic interest is required with the name of
16persons who failed to file a statement.
17    The Attorney General, with respect to offices or positions
18described in items (a) through (f) and items (j), (l), (n), and
19(p) of Section 4A-101 of this Act, or the State's Attorney of
20the county of the entity for which the filing of statements of
21economic interests is required, with respect to offices or
22positions described in items (a) through (e) of Section
234A-101.5, shall bring an action in quo warranto against any
24person who has failed to file by either May 31 or June 30 of
25any given year and for whom the fees and penalties for late
26filing have not been waived under Section 4A-105.

 

 

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1(Source: P.A. 101-221, eff. 8-9-19.)
 
2    (5 ILCS 420/4A-108)
3    Sec. 4A-108. Internet-based systems of filing.
4    (a) Notwithstanding any other provision of this Act or any
5other law, the Secretary of State and county clerks are
6authorized to institute an Internet-based system for the
7filing of statements of economic interests in their offices.
8With respect to county clerk systems, the determination to
9institute such a system shall be in the sole discretion of the
10county clerk and shall meet the requirements set out in this
11Section. With respect to a Secretary of State system, the
12determination to institute such a system shall be in the sole
13discretion of the Secretary of State and shall meet the
14requirements set out in this Section and those Sections of the
15State Officials and Employees Ethics Act requiring ethics
16officer review prior to filing. The system shall be capable of
17allowing an ethics officer to approve a statement of economic
18interests and shall include a means to amend a statement of
19economic interests. When this Section does not modify or
20remove the requirements set forth elsewhere in this Article,
21those requirements shall apply to any system of Internet-based
22filing authorized by this Section. When this Section does
23modify or remove the requirements set forth elsewhere in this
24Article, the provisions of this Section shall apply to any
25system of Internet-based filing authorized by this Section.

 

 

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1    (b) In any system of Internet-based filing of statements
2of economic interests instituted by the Secretary of State or
3a county clerk:
4        (1) Any filing of an Internet-based statement of
5    economic interests shall be the equivalent of the filing
6    of a verified, written statement of economic interests as
7    required by Section 4A-101 or 4A-101.5 and the equivalent
8    of the filing of a verified, dated, and signed statement
9    of economic interests as required by Section 4A-103
10    4A-104.
11        (2) The Secretary of State and county clerks who
12    institute a system of Internet-based filing of statements
13    of economic interests shall establish a password-protected
14    website to receive the filings of such statements. A
15    website established under this Section shall set forth and
16    provide a means of responding to the items set forth in
17    Section 4A-103 4A-102 that are required of a person who
18    files a statement of economic interests with that officer.
19    A website established under this Section shall set forth
20    and provide a means of generating a printable receipt page
21    acknowledging filing.
22        (3) The times for the filing of statements of economic
23    interests set forth in Section 4A-105 shall be followed in
24    any system of Internet-based filing of statements of
25    economic interests; provided that a candidate for elective
26    office who is required to file a statement of economic

 

 

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1    interests in relation to his or her candidacy pursuant to
2    Section 4A-105(a) shall receive a written or printed
3    receipt for his or her filing.
4        A candidate filing for Governor, Lieutenant Governor,
5    Attorney General, Secretary of State, Treasurer,
6    Comptroller, State Senate, or State House of
7    Representatives, Supreme Court Justice, appellate court
8    judge, circuit court judge, or judicial retention shall
9    not use the Internet to file his or her statement of
10    economic interests, but shall file his or her statement of
11    economic interests in a written or printed form and shall
12    receive a written or printed receipt for his or her
13    filing. Annually, the duly appointed ethics officer for
14    each legislative caucus shall certify to the Secretary of
15    State whether his or her caucus members will file their
16    statements of economic interests electronically or in a
17    written or printed format for that year. If the ethics
18    officer for a caucus certifies that the statements of
19    economic interests shall be written or printed, then
20    members of the General Assembly of that caucus shall not
21    use the Internet to file his or her statement of economic
22    interests, but shall file his or her statement of economic
23    interests in a written or printed form and shall receive a
24    written or printed receipt for his or her filing. If no
25    certification is made by an ethics officer for a
26    legislative caucus, or if a member of the General Assembly

 

 

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1    is not affiliated with a legislative caucus, then the
2    affected member or members of the General Assembly may
3    file their statements of economic interests using the
4    Internet.
5        (4) In the first year of the implementation of a
6    system of Internet-based filing of statements of economic
7    interests, each person required to file such a statement
8    is to be notified in writing of his or her obligation to
9    file his or her statement of economic interests by way of
10    the Internet-based system. If access to the website web
11    site requires a code or password, this information shall
12    be included in the notice prescribed by this paragraph.
13        (5) When a person required to file a statement of
14    economic interests has supplied the Secretary of State or
15    a county clerk, as applicable, with an email address for
16    the purpose of receiving notices under this Article by
17    email, a notice sent by email to the supplied email
18    address shall be the equivalent of a notice sent by first
19    class mail, as set forth in Section 4A-106 or 4A-106.5. A
20    person who has supplied such an email address shall notify
21    the Secretary of State or county clerk, as applicable,
22    when his or her email address changes or if he or she no
23    longer wishes to receive notices by email.
24        (6) If any person who is required to file a statement
25    of economic interests and who has chosen to receive
26    notices by email fails to file his or her statement by May

 

 

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1    10, then the Secretary of State or county clerk, as
2    applicable, shall send an additional email notice on that
3    date, informing the person that he or she has not filed and
4    describing the penalties for late filing and failing to
5    file. This notice shall be in addition to other notices
6    provided for in this Article.
7        (7) The Secretary of State and each county clerk who
8    institutes a system of Internet-based filing of statements
9    of economic interests may also institute an Internet-based
10    process for the filing of the list of names and addresses
11    of persons required to file statements of economic
12    interests by the chief administrative officers that must
13    file such information with the Secretary of State or
14    county clerk, as applicable, pursuant to Section 4A-106 or
15    4A-106.5. Whenever the Secretary of State or a county
16    clerk institutes such a system under this paragraph, every
17    chief administrative officer must use the system to file
18    this information.
19        (8) The Secretary of State and any county clerk who
20    institutes a system of Internet-based filing of statements
21    of economic interests shall post the contents of such
22    statements filed with him or her available for inspection
23    and copying on a publicly accessible website. Such
24    postings shall not include the addresses or signatures of
25    the filers.
26(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;

 

 

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1revised 9-12-19.)
 
2    (5 ILCS 420/4A-104 rep.)
3    Section 10. The Illinois Governmental Ethics Act is
4amended by repealing Section 4A-104 on January 1, 2022.
 
5    Section 15. The State Officials and Employees Ethics Act
6is amended by changing Sections 5-40, 5-45, 20-20, 20-95,
725-5, 25-10, 25-15, 25-20, and 25-85 as follows:
 
8    (5 ILCS 430/5-40)
9    Sec. 5-40. Fundraising during session in Sangamon County.
10Except as provided in this Section, any executive branch
11constitutional officer, any candidate for an executive branch
12constitutional office, any member of the General Assembly, any
13candidate for the General Assembly, any political caucus of
14the General Assembly, or any political committee on behalf of
15any of the foregoing may not hold a political fundraising
16function in Sangamon County on any day the legislature is in
17session or the day immediately prior to such day. This Section
18does not apply to a political fundraising function scheduled
19at least 14 days in advance of a day the legislature is in
20special session or the day immediately prior to such day (i)
21during the period beginning February 1 and ending on the later
22of the actual adjournment dates of either house of the spring
23session and (ii) during fall veto session. For purposes of

 

 

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1this Section, the legislature is not considered to be in
2session on a day that is solely a perfunctory session day or on
3a day when only a committee is meeting.
4    During the period beginning June 1 and ending on the first
5day of fall veto session each year, this Section does not apply
6to (i) a member of the General Assembly whose legislative or
7representative district is entirely within Sangamon County or
8(ii) a candidate for the General Assembly from that
9legislative or representative district.
10(Source: P.A. 96-555, eff. 8-18-09.)
 
11    (5 ILCS 430/5-45)
12    Sec. 5-45. Procurement; revolving door prohibition.
13    (a) No former officer, member, or State employee, or
14spouse or immediate family member living with such person,
15shall, within a period of one year immediately after
16termination of State employment, knowingly accept employment
17or receive compensation or fees for services from a person or
18entity if the officer, member, or State employee, during the
19year immediately preceding termination of State employment,
20participated personally and substantially in the award or
21fiscal administration of State contracts, or the issuance of
22State contract change orders, with a cumulative value of
23$25,000 or more to the person or entity, or its parent or
24subsidiary.
25    (a-5) No officer, member, or spouse or immediate family

 

 

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1member living with such person shall, during the officer or
2member's term in office or within a period of 2 years
3immediately leaving office, hold an ownership interest, other
4than a passive interest in a publicly traded company, in any
5gaming license under the Illinois Gambling Act, the Video
6Gaming Act, the Illinois Horse Racing Act of 1975, or the
7Sports Wagering Act. Any member of the General Assembly or
8spouse or immediate family member living with such person who
9has an ownership interest, other than a passive interest in a
10publicly traded company, in any gaming license under the
11Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
12the Video Gaming Act, or the Sports Wagering Act at the time of
13the effective date of this amendatory Act of the 101st General
14Assembly shall divest himself or herself of such ownership
15within one year after the effective date of this amendatory
16Act of the 101st General Assembly. No State employee who works
17for the Illinois Gaming Board or Illinois Racing Board or
18spouse or immediate family member living with such person
19shall, during State employment or within a period of 2 years
20immediately after termination of State employment, hold an
21ownership interest, other than a passive interest in a
22publicly traded company, in any gaming license under the
23Illinois Gambling Act, the Video Gaming Act, the Illinois
24Horse Racing Act of 1975, or the Sports Wagering Act.
25    (a-10) This subsection (a-10) applies on and after June
2625, 2021. No officer, member, or spouse or immediate family

 

 

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1member living with such person, shall, during the officer or
2member's term in office or within a period of 2 years
3immediately after leaving office, hold an ownership interest,
4other than a passive interest in a publicly traded company, in
5any cannabis business establishment which is licensed under
6the Cannabis Regulation and Tax Act. Any member of the General
7Assembly or spouse or immediate family member living with such
8person who has an ownership interest, other than a passive
9interest in a publicly traded company, in any cannabis
10business establishment which is licensed under the Cannabis
11Regulation and Tax Act at the time of the effective date of
12this amendatory Act of the 101st General Assembly shall divest
13himself or herself of such ownership within one year after the
14effective date of this amendatory Act of the 101st General
15Assembly.
16    No State employee who works for any State agency that
17regulates cannabis business establishment license holders who
18participated personally and substantially in the award of
19licenses under the Cannabis Regulation and Tax Act or a spouse
20or immediate family member living with such person shall,
21during State employment or within a period of 2 years
22immediately after termination of State employment, hold an
23ownership interest, other than a passive interest in a
24publicly traded company, in any cannabis license under the
25Cannabis Regulation and Tax Act.
26    (b) No former officer of the executive branch or State

 

 

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1employee of the executive branch with regulatory or licensing
2authority, or spouse or immediate family member living with
3such person, shall, within a period of one year immediately
4after termination of State employment, knowingly accept
5employment or receive compensation or fees for services from a
6person or entity if the officer or State employee, during the
7year immediately preceding termination of State employment,
8participated personally and substantially in making a
9regulatory or licensing decision that directly applied to the
10person or entity, or its parent or subsidiary.
11    (b-5) Beginning January 1, 2022, no former officer of the
12executive branch shall engage in activities at the State level
13that require registration under the Lobbyist Registration Act
14during the term of which he or she was elected or appointed
15until 6 months after leaving office.
16    (b-7) Beginning the second Wednesday in January of 2023,
17no former member shall engage in activities at the State level
18that require registration under the Lobbyist Registration Act
19in a General Assembly of which he or she was a member until 6
20months after leaving office.
21    (c) Within 6 months after the effective date of this
22amendatory Act of the 96th General Assembly, each executive
23branch constitutional officer and legislative leader, the
24Auditor General, and the Joint Committee on Legislative
25Support Services shall adopt a policy delineating which State
26positions under his or her jurisdiction and control, by the

 

 

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1nature of their duties, may have the authority to participate
2personally and substantially in the award or fiscal
3administration of State contracts or in regulatory or
4licensing decisions. The Governor shall adopt such a policy
5for all State employees of the executive branch not under the
6jurisdiction and control of any other executive branch
7constitutional officer.
8    The policies required under subsection (c) of this Section
9shall be filed with the appropriate ethics commission
10established under this Act or, for the Auditor General, with
11the Office of the Auditor General.
12    (d) Each Inspector General shall have the authority to
13determine that additional State positions under his or her
14jurisdiction, not otherwise subject to the policies required
15by subsection (c) of this Section, are nonetheless subject to
16the notification requirement of subsection (f) below due to
17their involvement in the award or fiscal administration of
18State contracts or in regulatory or licensing decisions.
19    (e) The Joint Committee on Legislative Support Services,
20the Auditor General, and each of the executive branch
21constitutional officers and legislative leaders subject to
22subsection (c) of this Section shall provide written
23notification to all employees in positions subject to the
24policies required by subsection (c) or a determination made
25under subsection (d): (1) upon hiring, promotion, or transfer
26into the relevant position; and (2) at the time the employee's

 

 

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1duties are changed in such a way as to qualify that employee.
2An employee receiving notification must certify in writing
3that the person was advised of the prohibition and the
4requirement to notify the appropriate Inspector General in
5subsection (f).
6    (f) Any State employee in a position subject to the
7policies required by subsection (c) or to a determination
8under subsection (d), but who does not fall within the
9prohibition of subsection (h) below, who is offered non-State
10employment during State employment or within a period of one
11year immediately after termination of State employment shall,
12prior to accepting such non-State employment, notify the
13appropriate Inspector General. Within 10 calendar days after
14receiving notification from an employee in a position subject
15to the policies required by subsection (c), such Inspector
16General shall make a determination as to whether the State
17employee is restricted from accepting such employment by
18subsection (a) or (b). In making a determination, in addition
19to any other relevant information, an Inspector General shall
20assess the effect of the prospective employment or
21relationship upon decisions referred to in subsections (a) and
22(b), based on the totality of the participation by the former
23officer, member, or State employee in those decisions. A
24determination by an Inspector General must be in writing,
25signed and dated by the Inspector General, and delivered to
26the subject of the determination within 10 calendar days or

 

 

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1the person is deemed eligible for the employment opportunity.
2For purposes of this subsection, "appropriate Inspector
3General" means (i) for members and employees of the
4legislative branch, the Legislative Inspector General; (ii)
5for the Auditor General and employees of the Office of the
6Auditor General, the Inspector General provided for in Section
730-5 of this Act; and (iii) for executive branch officers and
8employees, the Inspector General having jurisdiction over the
9officer or employee. Notice of any determination of an
10Inspector General and of any such appeal shall be given to the
11ultimate jurisdictional authority, the Attorney General, and
12the Executive Ethics Commission.
13    (g) An Inspector General's determination regarding
14restrictions under subsection (a) or (b) may be appealed to
15the appropriate Ethics Commission by the person subject to the
16decision or the Attorney General no later than the 10th
17calendar day after the date of the determination.
18    On appeal, the Ethics Commission or Auditor General shall
19seek, accept, and consider written public comments regarding a
20determination. In deciding whether to uphold an Inspector
21General's determination, the appropriate Ethics Commission or
22Auditor General shall assess, in addition to any other
23relevant information, the effect of the prospective employment
24or relationship upon the decisions referred to in subsections
25(a) and (b), based on the totality of the participation by the
26former officer, member, or State employee in those decisions.

 

 

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1The Ethics Commission shall decide whether to uphold an
2Inspector General's determination within 10 calendar days or
3the person is deemed eligible for the employment opportunity.
4    (h) The following officers, members, or State employees
5shall not, within a period of one year immediately after
6termination of office or State employment, knowingly accept
7employment or receive compensation or fees for services from a
8person or entity if the person or entity or its parent or
9subsidiary, during the year immediately preceding termination
10of State employment, was a party to a State contract or
11contracts with a cumulative value of $25,000 or more involving
12the officer, member, or State employee's State agency, or was
13the subject of a regulatory or licensing decision involving
14the officer, member, or State employee's State agency,
15regardless of whether he or she participated personally and
16substantially in the award or fiscal administration of the
17State contract or contracts or the making of the regulatory or
18licensing decision in question:
19        (1) members or officers;
20        (2) members of a commission or board created by the
21    Illinois Constitution;
22        (3) persons whose appointment to office is subject to
23    the advice and consent of the Senate;
24        (4) the head of a department, commission, board,
25    division, bureau, authority, or other administrative unit
26    within the government of this State;

 

 

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1        (5) chief procurement officers, State purchasing
2    officers, and their designees whose duties are directly
3    related to State procurement;
4        (6) chiefs of staff, deputy chiefs of staff, associate
5    chiefs of staff, assistant chiefs of staff, and deputy
6    governors, or any other position that holds an equivalent
7    level of managerial oversight;
8        (7) employees of the Illinois Racing Board; and
9        (8) employees of the Illinois Gaming Board.
10    (i) For the purposes of this Section, with respect to
11officers or employees of a regional transit board, as defined
12in this Act, the phrase "person or entity" does not include:
13(i) the United States government, (ii) the State, (iii)
14municipalities, as defined under Article VII, Section 1 of the
15Illinois Constitution, (iv) units of local government, as
16defined under Article VII, Section 1 of the Illinois
17Constitution, or (v) school districts.
18(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
19    (5 ILCS 430/20-20)
20    Sec. 20-20. Duties of the Executive Inspectors General. In
21addition to duties otherwise assigned by law, each Executive
22Inspector General shall have the following duties:
23        (1) To receive and investigate, without advance
24    approval of the Executive Ethics Commission, allegations
25    of violations of this Act and other wrongful acts within

 

 

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1    his or her jurisdiction based on a complaint. An
2    investigation may not be initiated more than one year
3    after the alleged wrongful act or the most recent act of a
4    series of alleged wrongful acts based on the same wrongful
5    conduct except if there is reasonable cause to believe
6    that fraudulent concealment has occurred allegations of
7    violations of this Act. An investigation may not be
8    initiated more than one year after the most recent act of
9    the alleged violation or of a series of alleged violations
10    except where there is reasonable cause to believe that
11    fraudulent concealment has occurred. To constitute
12    fraudulent concealment sufficient to toll this limitations
13    period, there must be an affirmative act or representation
14    calculated to prevent discovery of the fact that a
15    violation or other wrongful act has occurred. The
16    Executive Inspector General shall have the discretion to
17    determine the appropriate means of investigation as
18    permitted by law.
19        (2) To request information relating to an
20    investigation from any person when the Executive Inspector
21    General deems that information necessary in conducting an
22    investigation.
23        (3) To issue subpoenas to compel the attendance of
24    witnesses for the purposes of testimony and production of
25    documents and other items for inspection and copying and
26    to make service of those subpoenas and subpoenas issued

 

 

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1    under item (7) of Section 20-15.
2        (4) To submit reports as required by this Act.
3        (5) To file pleadings in the name of the Executive
4    Inspector General with the Executive Ethics Commission,
5    through the Attorney General, as provided in this Article
6    if the Attorney General finds that reasonable cause exists
7    to believe that a violation has occurred.
8        (6) To assist and coordinate the ethics officers for
9    State agencies under the jurisdiction of the Executive
10    Inspector General and to work with those ethics officers.
11        (7) To participate in or conduct, when appropriate,
12    multi-jurisdictional investigations.
13        (8) To request, as the Executive Inspector General
14    deems appropriate, from ethics officers of State agencies
15    under his or her jurisdiction, reports or information on
16    (i) the content of a State agency's ethics training
17    program and (ii) the percentage of new officers and
18    employees who have completed ethics training.
19        (9) To review hiring and employment files of each
20    State agency within the Executive Inspector General's
21    jurisdiction to ensure compliance with Rutan v. Republican
22    Party of Illinois, 497 U.S. 62 (1990), and with all
23    applicable employment laws.
24        (10) To establish a policy that ensures the
25    appropriate handling and correct recording of all
26    investigations conducted by the Office, and to ensure that

 

 

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1    the policy is accessible via the Internet in order that
2    those seeking to report those allegations are familiar
3    with the process and that the subjects of those
4    allegations are treated fairly.
5        (11) To post information to the Executive Inspector
6    General's website explaining to complainants and subjects
7    of an investigation the legal limitations on the Executive
8    Inspector General's ability to provide information to them
9    and a general overview of the investigation process.
10(Source: P.A. 100-588, eff. 6-8-18.)
 
11    (5 ILCS 430/20-95)
12    Sec. 20-95. Exemptions.
13    (a) Documents generated by an ethics officer under this
14Act, except Section 5-50, are exempt from the provisions of
15the Freedom of Information Act.
16    (b) Any allegations and related documents submitted to an
17Executive Inspector General and any pleadings and related
18documents brought before the Executive Ethics Commission are
19exempt from the provisions of the Freedom of Information Act
20so long as the Executive Ethics Commission does not make a
21finding of a violation of this Act. If the Executive Ethics
22Commission finds that a violation has occurred, the entire
23record of proceedings before the Commission, the decision and
24recommendation, and the response from the agency head or
25ultimate jurisdictional authority to the Executive Ethics

 

 

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1Commission are not exempt from the provisions of the Freedom
2of Information Act but information contained therein that is
3otherwise exempt from the Freedom of Information Act must be
4redacted before disclosure as provided in the Freedom of
5Information Act. A summary report released by the Executive
6Ethics Commission under Section 20-52 is a public record, but
7information redacted by the Executive Ethics Commission shall
8not be part of the public record.
9    (c) Meetings of the Commission are exempt from the
10provisions of the Open Meetings Act.
11    (d) Unless otherwise provided in this Act, all
12investigatory files and reports of the Office of an Executive
13Inspector General, other than monthly reports required under
14Section 20-85, are confidential and privileged, are exempt
15from disclosure under the Freedom of Information Act, and
16shall not be divulged to any person or agency, except as
17necessary (i) to a law enforcement authority, (ii) to the
18ultimate jurisdictional authority, (iii) to the Executive
19Ethics Commission, (iv) to another Inspector General appointed
20pursuant to this Act, or (v) to an Inspector General appointed
21or employed by a Regional Transit Board in accordance with
22Section 75-10.
23(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
 
24    (5 ILCS 430/25-5)
25    Sec. 25-5. Legislative Ethics Commission.

 

 

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1    (a) The Legislative Ethics Commission is created.
2    (b) The Legislative Ethics Commission shall consist of 8
3commissioners appointed 2 each by the President and Minority
4Leader of the Senate and the Speaker and Minority Leader of the
5House of Representatives.
6    The terms of the initial commissioners shall commence upon
7qualification. Each appointing authority shall designate one
8appointee who shall serve for a 2-year term running through
9June 30, 2005. Each appointing authority shall designate one
10appointee who shall serve for a 4-year term running through
11June 30, 2007. The initial appointments shall be made within
1260 days after the effective date of this Act.
13    After the initial terms, commissioners shall serve for
144-year terms commencing on July 1 of the year of appointment
15and running through June 30 of the fourth following year.
16Commissioners may be reappointed to one or more subsequent
17terms.
18    A vacancy shall occur upon a commissioner's death,
19resignation, removal, disqualification, termination of
20legislative service in the house or caucus of the appointing
21authority, or other inability to act. Vacancies occurring
22other than at the end of a term shall be filled by the
23appointing authority only for the balance of the term of the
24commissioner whose office is vacant.
25    Terms shall run regardless of whether the position is
26filled.

 

 

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1    (c) The appointing authorities shall appoint commissioners
2who have experience holding governmental office or employment
3and may appoint commissioners who are members of the General
4Assembly as well as commissioners from the general public. A
5commissioner who is a member of the General Assembly must
6recuse himself or herself from participating in any matter
7relating to any investigation or proceeding in which he or she
8is the subject or is a complainant. A person is not eligible to
9serve as a commissioner if that person (i) has been convicted
10of a felony or a crime of dishonesty or moral turpitude, (ii)
11is, or was within the preceding 12 months, engaged in
12activities that require registration under the Lobbyist
13Registration Act, (iii) is a relative of the appointing
14authority, (iv) is a State officer or employee other than a
15member of the General Assembly, or (v) is a candidate for
16statewide office, federal office, or judicial office.
17    (c-5) If a commissioner is required to recuse himself or
18herself from participating in a matter as provided in
19subsection (c), the recusal shall create a temporary vacancy
20for the limited purpose of consideration of the matter for
21which the commissioner recused himself or herself, and the
22appointing authority for the recusing commissioner shall make
23a temporary appointment to fill the vacancy for consideration
24of the matter for which the commissioner recused himself or
25herself.
26    (d) The Legislative Ethics Commission shall have

 

 

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1jurisdiction over current and former members of the General
2Assembly regarding events occurring during a member's term of
3office and current and former State employees regarding events
4occurring during any period of employment where the State
5employee's ultimate jurisdictional authority is (i) a
6legislative leader, (ii) the Senate Operations Commission, or
7(iii) the Joint Committee on Legislative Support Services. The
8Legislative Ethics Commission shall have jurisdiction over
9complainants and respondents in violation of subsection (d) of
10Section 25-90. The jurisdiction of the Commission is limited
11to matters arising under this Act.
12    An officer or executive branch State employee serving on a
13legislative branch board or commission remains subject to the
14jurisdiction of the Executive Ethics Commission and is not
15subject to the jurisdiction of the Legislative Ethics
16Commission.
17    (e) The Legislative Ethics Commission must meet, either in
18person or by other technological means, monthly or as often as
19necessary. At the first meeting of the Legislative Ethics
20Commission, the commissioners shall choose from their number a
21chairperson and other officers that they deem appropriate. The
22terms of officers shall be for 2 years commencing July 1 and
23running through June 30 of the second following year. Meetings
24shall be held at the call of the chairperson or any 3
25commissioners. Official action by the Commission shall require
26the affirmative vote of 5 commissioners, and a quorum shall

 

 

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1consist of 5 commissioners. Commissioners shall receive no
2compensation but may be reimbursed for their reasonable
3expenses actually incurred in the performance of their duties.
4    (f) No commissioner, other than a commissioner who is a
5member of the General Assembly, or employee of the Legislative
6Ethics Commission may during his or her term of appointment or
7employment:
8        (1) become a candidate for any elective office;
9        (2) hold any other elected or appointed public office
10    except for appointments on governmental advisory boards or
11    study commissions or as otherwise expressly authorized by
12    law;
13        (3) be actively involved in the affairs of any
14    political party or political organization; or
15        (4) advocate for the appointment of another person to
16    an appointed or elected office or position or actively
17    participate in any campaign for any elective office.
18    (f-5) No commissioner who is a member of the General
19Assembly may be a candidate for statewide office, federal
20office, or judicial office. If a commissioner who is a member
21of the General Assembly files petitions to be a candidate for a
22statewide office, federal office, or judicial office, he or
23she shall be deemed to have resigned from his or her position
24as a commissioner on the date his or her name is certified for
25the ballot by the State Board of Elections or local election
26authority and his or her position as a commissioner shall be

 

 

10200SB0539ham002- 52 -LRB102 04041 RJF 27420 a

1deemed vacant. Such person may not be reappointed to the
2Commission during any time he or she is a candidate for
3statewide office, federal office, or judicial office.
4    (g) An appointing authority may remove a commissioner only
5for cause.
6    (h) The Legislative Ethics Commission shall appoint an
7Executive Director subject to the approval of at least 3 of the
84 legislative leaders. The compensation of the Executive
9Director shall be as determined by the Commission. The
10Executive Director of the Legislative Ethics Commission may
11employ, subject to the approval of at least 3 of the 4
12legislative leaders, and determine the compensation of staff,
13as appropriations permit.
14    (i) In consultation with the Legislative Inspector
15General, the Legislative Ethics Commission may develop
16comprehensive training for members and employees under its
17jurisdiction that includes, but is not limited to, sexual
18harassment, employment discrimination, and workplace civility.
19The training may be recommended to the ultimate jurisdictional
20authorities and may be approved by the Commission to satisfy
21the sexual harassment training required under Section 5-10.5
22or be provided in addition to the annual sexual harassment
23training required under Section 5-10.5. The Commission may
24seek input from governmental agencies or private entities for
25guidance in developing such training.
26(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;

 

 

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1101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
 
2    (5 ILCS 430/25-10)
3    Sec. 25-10. Office of Legislative Inspector General.
4    (a) The independent Office of the Legislative Inspector
5General is created. The Office shall be under the direction
6and supervision of the Legislative Inspector General and shall
7be a fully independent office with its own appropriation.
8    (b) The Legislative Inspector General shall be appointed
9without regard to political affiliation and solely on the
10basis of integrity and demonstrated ability. The Legislative
11Ethics Commission shall diligently search out qualified
12candidates for Legislative Inspector General and shall make
13recommendations to the General Assembly. The Legislative
14Inspector General may serve in a full-time, part-time, or
15contractual capacity.
16    The Legislative Inspector General shall be appointed by a
17joint resolution of the Senate and the House of
18Representatives, which may specify the date on which the
19appointment takes effect. A joint resolution, or other
20document as may be specified by the Joint Rules of the General
21Assembly, appointing the Legislative Inspector General must be
22certified by the Speaker of the House of Representatives and
23the President of the Senate as having been adopted by the
24affirmative vote of three-fifths of the members elected to
25each house, respectively, and be filed with the Secretary of

 

 

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1State. The appointment of the Legislative Inspector General
2takes effect on the day the appointment is completed by the
3General Assembly, unless the appointment specifies a later
4date on which it is to become effective.
5    The Legislative Inspector General shall have the following
6qualifications:
7        (1) has not been convicted of any felony under the
8    laws of this State, another state, or the United States;
9        (2) has earned a baccalaureate degree from an
10    institution of higher education; and
11        (3) has 5 or more years of cumulative service (A) with
12    a federal, State, or local law enforcement agency, at
13    least 2 years of which have been in a progressive
14    investigatory capacity; (B) as a federal, State, or local
15    prosecutor; (C) as a senior manager or executive of a
16    federal, State, or local agency; (D) as a member, an
17    officer, or a State or federal judge; or (E) representing
18    any combination of items (A) through (D).
19    The Legislative Inspector General may not be a relative of
20a commissioner.
21    The term of the initial Legislative Inspector General
22shall commence upon qualification and shall run through June
2330, 2008.
24    After the initial term, the Legislative Inspector General
25shall serve for 5-year terms commencing on July 1 of the year
26of appointment and running through June 30 of the fifth

 

 

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1following year. The Legislative Inspector General may be
2reappointed to one or more subsequent terms. Terms shall run
3regardless of whether the position is filled.
4    (b-5) A vacancy occurring other than at the end of a term
5shall be filled in the same manner as an appointment only for
6the balance of the term of the Legislative Inspector General
7whose office is vacant. Within 7 days of the Office becoming
8vacant or receipt of a Legislative Inspector General's
9prospective resignation, the vacancy shall be publicly posted
10on the Commission's website, along with a description of the
11requirements for the position and where applicants may apply.
12    Within 45 days of the vacancy, the Commission shall
13designate an Acting Legislative Inspector General who shall
14serve until the vacancy is filled. The Commission shall file
15the designation in writing with the Secretary of State.
16    Within 60 days prior to the end of the term of the
17Legislative Inspector General or within 30 days of the
18occurrence of a vacancy in the Office of the Legislative
19Inspector General, the Legislative Ethics Commission shall
20establish a four-member search committee within the Commission
21for the purpose of conducting a search for qualified
22candidates to serve as Legislative Inspector General. The
23Speaker of the House of Representatives, Minority Leader of
24the House, Senate President, and Minority Leader of the Senate
25shall each appoint one member to the search committee. A
26member of the search committee shall be either a retired judge

 

 

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1or former prosecutor and may not be a member or employee of the
2General Assembly or a registered lobbyist. If the Legislative
3Ethics Commission wishes to recommend that the Legislative
4Inspector General be re-appointed, a search committee does not
5need to be appointed.
6    The search committee shall conduct a search for qualified
7candidates, accept applications, and conduct interviews. The
8search committee shall recommend up to 3 candidates for
9Legislative Inspector General to the Legislative Ethics
10Commission. The search committee shall be disbanded upon an
11appointment of the Legislative Inspector General. Members of
12the search committee are not entitled to compensation but
13shall be entitled to reimbursement of reasonable expenses
14incurred in connection with the performance of their duties.
15    Within 30 days after June 8, 2018 (the effective date of
16Public Act 100-588) this amendatory Act of the 100th General
17Assembly, the Legislative Ethics Commission shall create a
18search committee in the manner provided for in this subsection
19to recommend up to 3 candidates for Legislative Inspector
20General to the Legislative Ethics Commission by October 31,
212018.
22    If a vacancy exists and the Commission has not appointed
23an Acting Legislative Inspector General, either the staff of
24the Office of the Legislative Inspector General, or if there
25is no staff, the Executive Director, shall advise the
26Commission of all open investigations and any new allegations

 

 

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1or complaints received in the Office of the Inspector General.
2These reports shall not include the name of any person
3identified in the allegation or complaint, including, but not
4limited to, the subject of and the person filing the
5allegation or complaint. Notification shall be made to the
6Commission on a weekly basis unless the Commission approves of
7a different reporting schedule.
8    If the Office of the Inspector General is vacant for 6
9months or more beginning on or after January 1, 2019, and the
10Legislative Ethics Commission has not appointed an Acting
11Legislative Inspector General, all complaints made to the
12Legislative Inspector General or the Legislative Ethics
13Commission shall be directed to the Inspector General for the
14Auditor General, and he or she shall have the authority to act
15as provided in subsection (c) of this Section and Section
1625-20 of this Act, and shall be subject to all laws and rules
17governing a Legislative Inspector General or Acting
18Legislative Inspector General. The authority for the Inspector
19General of the Auditor General under this paragraph shall
20terminate upon appointment of a Legislative Inspector General
21or an Acting Legislative Inspector General.
22    (c) The Legislative Inspector General shall have
23jurisdiction over the current and former members of the
24General Assembly regarding events occurring during a member's
25term of office and current and former State employees
26regarding events occurring during any period of employment

 

 

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1where the State employee's ultimate jurisdictional authority
2is (i) a legislative leader, (ii) the Senate Operations
3Commission, or (iii) the Joint Committee on Legislative
4Support Services.
5    The jurisdiction of each Legislative Inspector General is
6to investigate allegations of violations of this Act,
7violations of other related laws and rules regarding events
8related to the member's or employee's public duties or use of
9State office, employment, or resources, or fraud, waste,
10abuse, mismanagement, misconduct, nonfeasance, misfeasance, or
11malfeasance related to the member's or employee's public
12duties or use of State office, employment, or resources. The
13jurisdiction shall not include violations of the Rules of the
14House of Representatives or the Senate , or violations of this
15Act or violations of other related laws and rules.
16    The Legislative Inspector General shall have jurisdiction
17over complainants in violation of subsection (e) of Section
1825-63 of this Act.
19    (d) The compensation of the Legislative Inspector General
20shall be the greater of an amount (i) determined by the
21Commission or (ii) by joint resolution of the General Assembly
22passed by a majority of members elected in each chamber.
23Subject to Section 25-45 of this Act, the Legislative
24Inspector General has full authority to organize the Office of
25the Legislative Inspector General, including the employment
26and determination of the compensation of staff, such as

 

 

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1deputies, assistants, and other employees, as appropriations
2permit. Employment of staff is subject to the approval of at
3least 3 of the 4 legislative leaders.
4    (e) No Legislative Inspector General or employee of the
5Office of the Legislative Inspector General may, during his or
6her term of appointment or employment:
7        (1) become a candidate for any elective office;
8        (2) hold any other elected or appointed public office
9    except for appointments on governmental advisory boards or
10    study commissions or as otherwise expressly authorized by
11    law;
12        (3) be actively involved in the affairs of any
13    political party or political organization; or
14        (4) actively participate in any campaign for any
15    elective office.
16    A full-time Legislative Inspector General shall not engage
17in the practice of law or any other business, employment, or
18vocation.
19    In this subsection an appointed public office means a
20position authorized by law that is filled by an appointing
21authority as provided by law and does not include employment
22by hiring in the ordinary course of business.
23    (e-1) No Legislative Inspector General or employee of the
24Office of the Legislative Inspector General may, for one year
25after the termination of his or her appointment or employment:
26        (1) become a candidate for any elective office;

 

 

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1        (2) hold any elected public office; or
2        (3) hold any appointed State, county, or local
3    judicial office.
4    (e-2) The requirements of item (3) of subsection (e-1) may
5be waived by the Legislative Ethics Commission.
6    (f) The Commission may remove the Legislative Inspector
7General only for cause. At the time of the removal, the
8Commission must report to the General Assembly the
9justification for the removal.
10(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
11revised 9-12-19.)
 
12    (5 ILCS 430/25-15)
13    Sec. 25-15. Duties of the Legislative Ethics Commission.
14In addition to duties otherwise assigned by law, the
15Legislative Ethics Commission shall have the following duties:
16        (1) To promulgate rules governing the performance of
17    its duties and the exercise of its powers and governing
18    the investigations of the Legislative Inspector General;
19    except that, the Legislative Ethics Commission shall adopt
20    no rule requiring the Legislative Inspector General to
21    seek the Commission's advance approval before commencing
22    any investigation authorized under this Article. Any
23    existing rule, as of the effective date of this amendatory
24    Act of the 102nd General Assembly, requiring the
25    Legislative Inspector General to seek the Commission's

 

 

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1    advance approval before commencing any investigation is
2    void. The rules shall be available on the Commission's
3    website and any proposed changes to the rules must be made
4    available to the public on the Commission's website no
5    less than 7 days before the adoption of the changes. Any
6    person shall be given an opportunity to provide written or
7    oral testimony before the Commission in support of or
8    opposition to proposed rules.
9        (2) To conduct administrative hearings and rule on
10    matters brought before the Commission only upon the
11    receipt of pleadings filed by the Legislative Inspector
12    General and not upon its own prerogative, but may appoint
13    special Legislative Inspectors General as provided in
14    Section 25-21. Any other allegations of misconduct
15    received by the Commission from a person other than the
16    Legislative Inspector General shall be referred to the
17    Office of the Legislative Inspector General.
18        (3) To prepare and publish manuals and guides and,
19    working with the Office of the Attorney General, oversee
20    training of employees under its jurisdiction that explains
21    their duties.
22        (4) To prepare public information materials to
23    facilitate compliance, implementation, and enforcement of
24    this Act.
25        (5) To submit reports as required by this Act.
26        (6) To the extent authorized by this Act, to make

 

 

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1    rulings, issue recommendations, and impose administrative
2    fines, if appropriate, in connection with the
3    implementation and interpretation of this Act. The powers
4    and duties of the Commission are limited to matters
5    clearly within the purview of this Act.
6        (7) To issue subpoenas with respect to matters pending
7    before the Commission, subject to the provisions of this
8    Article and in the discretion of the Commission, to compel
9    the attendance of witnesses for purposes of testimony and
10    the production of documents and other items for inspection
11    and copying.
12        (8) To appoint special Legislative Inspectors General
13    as provided in Section 25-21.
14        (9) To conspicuously display on the Commission's
15    website the procedures for reporting a violation of this
16    Act, including how to report violations via email or
17    online.
18        (10) To conspicuously display on the Commission's
19    website any vacancies within the Office of the Legislative
20    Inspector General.
21        (11) To appoint an Acting Legislative Inspector
22    General in the event of a vacancy in the Office of the
23    Legislative Inspector General.
24(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
25    (5 ILCS 430/25-20)

 

 

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1    Sec. 25-20. Duties of the Legislative Inspector General.
2In addition to duties otherwise assigned by law, the
3Legislative Inspector General shall have the following duties:
4        (1) To receive and investigate, without advance
5    approval of the Legislative Ethics Commission, allegations
6    of violations of this Act and other wrongful acts within
7    his or her jurisdiction based on a complaint. Except as
8    otherwise provided in paragraph (1.5), an investigation
9    may not be initiated more than one year after the alleged
10    wrongful act or the most recent act of a series of alleged
11    wrongful acts based on the same wrongful conduct except if
12    there is reasonable cause to believe that fraudulent
13    concealment has occurred allegations of violations of this
14    Act. Except as otherwise provided in paragraph (1.5), an
15    investigation may not be initiated more than one year
16    after the most recent act of the alleged violation or of a
17    series of alleged violations except where there is
18    reasonable cause to believe that fraudulent concealment
19    has occurred. To constitute fraudulent concealment
20    sufficient to toll this limitations period, there must be
21    an affirmative act or representation calculated to prevent
22    discovery of the fact that a violation or other wrongful
23    act has occurred. The Legislative Inspector General shall
24    have the discretion to determine the appropriate means of
25    investigation as permitted by law.
26        (1.5) Notwithstanding any provision of law to the

 

 

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1    contrary, the Legislative Inspector General, whether
2    appointed by the Legislative Ethics Commission or the
3    General Assembly, may initiate an investigation based on
4    information provided to the Office of the Legislative
5    Inspector General or the Legislative Ethics Commission
6    during the period from December 1, 2014 through November
7    3, 2017. Any investigation initiated under this paragraph
8    (1.5) must be initiated within one year after the
9    effective date of this amendatory Act of the 100th General
10    Assembly.
11        Notwithstanding any provision of law to the contrary,
12    the Legislative Inspector General, through the Attorney
13    General, shall have the authority to file a complaint
14    related to any founded violations that occurred during the
15    period December 1, 2014 through November 3, 2017 to the
16    Legislative Ethics Commission, and the Commission shall
17    have jurisdiction to conduct administrative hearings
18    related to any pleadings filed by the Legislative
19    Inspector General, provided the complaint is filed with
20    the Commission no later than 6 months after the summary
21    report is provided to the Attorney General in accordance
22    with subsection (c) of Section 25-50.
23        (2) To request information relating to an
24    investigation from any person when the Legislative
25    Inspector General deems that information necessary in
26    conducting an investigation.

 

 

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1        (3) To issue subpoenas, with the advance approval of
2    the Commission, to compel the attendance of witnesses for
3    the purposes of testimony and production of documents and
4    other items for inspection and copying and to make service
5    of those subpoenas and subpoenas issued under item (7) of
6    Section 25-15.
7        (4) To submit reports as required by this Act.
8        (5) To file pleadings in the name of the Legislative
9    Inspector General with the Legislative Ethics Commission,
10    through the Attorney General, as provided in this Article
11    if the Attorney General finds that reasonable cause exists
12    to believe that a violation has occurred.
13        (6) To assist and coordinate the ethics officers for
14    State agencies under the jurisdiction of the Legislative
15    Inspector General and to work with those ethics officers.
16        (7) To participate in or conduct, when appropriate,
17    multi-jurisdictional investigations.
18        (8) To request, as the Legislative Inspector General
19    deems appropriate, from ethics officers of State agencies
20    under his or her jurisdiction, reports or information on
21    (i) the content of a State agency's ethics training
22    program and (ii) the percentage of new officers and
23    employees who have completed ethics training.
24        (9) To establish a policy that ensures the appropriate
25    handling and correct recording of all investigations of
26    allegations and to ensure that the policy is accessible

 

 

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1    via the Internet in order that those seeking to report
2    those allegations are familiar with the process and that
3    the subjects of those allegations are treated fairly.
4        (10) To post information to the Legislative Inspector
5    General's website explaining to complainants and subjects
6    of an investigation the legal limitations on the
7    Legislative Inspector General's ability to provide
8    information to them and a general overview of the
9    investigation process.
10(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
11    (5 ILCS 430/25-85)
12    Sec. 25-85. Quarterly reports by the Legislative Inspector
13General. The Legislative Inspector General shall submit
14quarterly reports of claims within his or her jurisdiction
15filed with the Office of the Legislative Inspector General to
16the General Assembly and the Legislative Ethics Commission, on
17dates determined by the Legislative Ethics Commission,
18indicating:
19        (1) the total number of allegations received since the
20    date of the last report and the total number of
21    allegations received since the date of the last report by
22    category of claim;
23        (2) the total number of investigations initiated since
24    the date of the last report and the total number of
25    investigations initiated since the date of the last report

 

 

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1    by category of claim;
2        (3) the total number of investigations concluded since
3    the date of the last report and the total number of
4    investigations concluded since the date of the last report
5    by category of claim;
6        (4) the total number of investigations pending as of
7    the reporting date and the total number of investigations
8    pending as of the reporting date by category of claim;
9        (5) the total number of summary reports complaints
10    forwarded to the Attorney General pursuant to subsection
11    (c) of Section 25-50 since the date of the last report;
12        (6) the total number of actions filed with the
13    Legislative Ethics Commission since the date of the last
14    report, the total number of actions pending before the
15    Legislative Ethics Commission as of the reporting date,
16    the total number of actions filed with the Legislative
17    Ethics Commission since the date of the last report by
18    category of claim, and the total number of actions pending
19    before the Legislative Ethics Commission as of the
20    reporting date by category of claim;
21        (7) the number of allegations referred to any law
22    enforcement agency since the date of the last report;
23        (8) the total number of allegations referred to
24    another investigatory body since the date of the last
25    report; and
26        (9) the cumulative number of each of the foregoing for

 

 

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1    the current calendar year.
2    For the purposes of this Section, "category of claim"
3shall include discrimination claims, harassment claims, sexual
4harassment claims, retaliation claims, gift ban claims,
5prohibited political activity claims, revolving door
6prohibition claims, and other, miscellaneous, or
7uncharacterized claims.
8    The quarterly report shall be available on the website of
9the Legislative Inspector General.
10(Source: P.A. 100-588, eff. 6-8-18.)
 
11    Section 20. The Election Code is amended by changing
12Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5
13as follows:
 
14    (10 ILCS 5/1A-14)  (from Ch. 46, par. 1A-14)
15    Sec. 1A-14. Political activity by members of the State
16Board of Elections.
17    (a) No member of the State Board of Elections may become a
18candidate for nomination for, or election to, or accept
19appointment to or hold any other remunerative public office or
20public employment or any office in a political party. No
21member of the State Board of Elections shall: (i) contribute,
22either financially or in services or goods or any other way, to
23any political committee; (ii) serve as an officer of any
24political committee; or (iii) be a candidate who is designated

 

 

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1as the candidate to be supported by a candidate political
2committee.
3    (b) A member of the State Board of Elections who is either
4an officer of a political committee or a candidate who is
5designated as the candidate to be supported by a candidate
6political committee shall within 30 days after confirmation by
7the Senate: (i) resign as an officer of the political
8committee; (ii) have his or her name removed as the candidate
9to be supported by a political committee; (iii) notify the
10Board of the member's intent to convert the political
11committee to a limited activity committee under Section 9-1.8,
12and complete the transition to a limited activity committee
13within 60 days after confirmation; or (iv) dissolve the
14committee. A member of the State Board of Elections who is in
15violation of this subsection (b) on the effective date of this
16amendatory Act of the 102nd General Assembly must come into
17compliance within 30 days after the effective date of this
18amendatory Act of the 102nd General Assembly.
19    (c) Violation of any prohibition in this Section shall
20disqualify a member of the Board and a vacancy is thereby
21created. A vacancy also exists upon the occurrence of any of
22the events enumerated in Section 25-2 of this Act as in the
23case of an elective office.
24    (d) As used in this Section, "political committee"
25includes both the meaning provided in Section 9-1.8 of this
26Code and the meaning provided in 52 U.S.C. 30101.

 

 

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1(Source: P.A. 80-1178.)
 
2    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
3    Sec. 9-1.8. Political committees.
4    (a) "Political committee" includes a candidate political
5committee, a political party committee, a political action
6committee, a ballot initiative committee, and an independent
7expenditure committee.
8    (b) "Candidate political committee" means the candidate
9himself or herself or any natural person, trust, partnership,
10corporation, or other organization or group of persons
11designated by the candidate that accepts contributions or
12makes expenditures during any 12-month period in an aggregate
13amount exceeding $5,000 on behalf of the candidate.
14    (c) "Political party committee" means the State central
15committee of a political party, a county central committee of
16a political party, a legislative caucus committee, or a
17committee formed by a ward or township committeeperson of a
18political party. For purposes of this Article, a "legislative
19caucus committee" means a committee established for the
20purpose of electing candidates to the General Assembly by the
21person elected President of the Senate, Minority Leader of the
22Senate, Speaker of the House of Representatives, Minority
23Leader of the House of Representatives, or a committee
24established by 5 or more members of the same caucus of the
25Senate or 10 or more members of the same caucus of the House of

 

 

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1Representatives.
2    (d) "Political action committee" means any natural person,
3trust, partnership, committee, association, corporation, or
4other organization or group of persons, other than a
5candidate, political party, candidate political committee, or
6political party committee, that accepts contributions or makes
7expenditures during any 12-month period in an aggregate amount
8exceeding $5,000 on behalf of or in opposition to a candidate
9or candidates for public office. "Political action committee"
10includes any natural person, trust, partnership, committee,
11association, corporation, or other organization or group of
12persons, other than a candidate, political party, candidate
13political committee, or political party committee, that makes
14electioneering communications during any 12-month period in an
15aggregate amount exceeding $5,000 related to any candidate or
16candidates for public office.
17    (e) "Ballot initiative committee" means any natural
18person, trust, partnership, committee, association,
19corporation, or other organization or group of persons that
20accepts contributions or makes expenditures during any
2112-month period in an aggregate amount exceeding $5,000 in
22support of or in opposition to any question of public policy to
23be submitted to the electors. "Ballot initiative committee"
24includes any natural person, trust, partnership, committee,
25association, corporation, or other organization or group of
26persons that makes electioneering communications during any

 

 

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112-month period in an aggregate amount exceeding $5,000
2related to any question of public policy to be submitted to the
3voters. The $5,000 threshold applies to any contributions or
4expenditures received or made with the purpose of securing a
5place on the ballot for, advocating the defeat or passage of,
6or engaging in electioneering communication regarding the
7question of public policy, regardless of the method of
8initiation of the question of public policy and regardless of
9whether petitions have been circulated or filed with the
10appropriate office or whether the question has been adopted
11and certified by the governing body.
12    (f) "Independent expenditure committee" means any trust,
13partnership, committee, association, corporation, or other
14organization or group of persons formed for the exclusive
15purpose of making independent expenditures during any 12-month
16period in an aggregate amount exceeding $5,000 in support of
17or in opposition to (i) the nomination for election, election,
18retention, or defeat of any public official or candidate or
19(ii) any question of public policy to be submitted to the
20electors. "Independent expenditure committee" also includes
21any trust, partnership, committee, association, corporation,
22or other organization or group of persons that makes
23electioneering communications that are not made in connection,
24consultation, or concert with or at the request or suggestion
25of a public official or candidate, a public official's or
26candidate's designated political committee or campaign, or an

 

 

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1agent or agents of the public official, candidate, or
2political committee or campaign during any 12-month period in
3an aggregate amount exceeding $5,000 related to (i) the
4nomination for election, election, retention, or defeat of any
5public official or candidate or (ii) any question of public
6policy to be submitted to the voters.
7    (g) "Limited activity committee" means a political
8committee for which a person who is nominated to a position
9that is subject to confirmation by the Senate, including a
10member of the State Board of Elections, is either an officer or
11a candidate the committee has designated to support.
12(Source: P.A. 100-1027, eff. 1-1-19.)
 
13    (10 ILCS 5/9-3.5 new)
14    Sec. 9-3.5. Candidate political committee restrictions.
15    (a) A person who is nominated to an affected office shall
16not: (i) serve as an officer of a candidate political
17committee that is designated to support or oppose that person
18as a candidate; or (ii) be a candidate who is designated as the
19candidate to be supported by a candidate political committee.
20    (b) Within 30 days after appointment, the person shall:
21(i) dissolve the candidate political committee; (ii) resign as
22an officer of the candidate political committee; (iii) have
23his or her name removed as the candidate to be supported by the
24candidate political committee; or (iv) notify the Board of the
25person's intent to convert the candidate political committee

 

 

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1to a limited activity candidate political committee.
2    (c) As used in this Section, "affected office" has the
3meaning provided in subsection (c) of Section 3A-50 of the
4Illinois Governmental Ethics Act.
 
5    (10 ILCS 5/9-8.5)
6    Sec. 9-8.5. Limitations on campaign contributions.
7    (a) It is unlawful for a political committee to accept
8contributions except as provided in this Section.
9    (b) During an election cycle, a candidate political
10committee may not accept contributions with an aggregate value
11over the following: (i) $5,000 from any individual, (ii)
12$10,000 from any corporation, labor organization, or
13association, or (iii) $50,000 from a candidate political
14committee or political action committee. A candidate political
15committee may accept contributions in any amount from a
16political party committee except during an election cycle in
17which the candidate seeks nomination at a primary election.
18During an election cycle in which the candidate seeks
19nomination at a primary election, a candidate political
20committee may not accept contributions from political party
21committees with an aggregate value over the following: (i)
22$200,000 for a candidate political committee established to
23support a candidate seeking nomination to statewide office,
24(ii) $125,000 for a candidate political committee established
25to support a candidate seeking nomination to the Senate, the

 

 

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1Supreme Court or Appellate Court in the First Judicial
2District, or an office elected by all voters in a county with
31,000,000 or more residents, (iii) $75,000 for a candidate
4political committee established to support a candidate seeking
5nomination to the House of Representatives, the Supreme Court
6or Appellate Court for a Judicial District other than the
7First Judicial District, an office elected by all voters of a
8county of fewer than 1,000,000 residents, and municipal and
9county offices in Cook County other than those elected by all
10voters of Cook County, and (iv) $50,000 for a candidate
11political committee established to support the nomination of a
12candidate to any other office. A candidate political committee
13established to elect a candidate to the General Assembly may
14accept contributions from only one legislative caucus
15committee. A candidate political committee may not accept
16contributions from a ballot initiative committee or from an
17independent expenditure committee.
18    (c) During an election cycle, a political party committee
19may not accept contributions with an aggregate value over the
20following: (i) $10,000 from any individual, (ii) $20,000 from
21any corporation, labor organization, or association, or (iii)
22$50,000 from a political action committee. A political party
23committee may accept contributions in any amount from another
24political party committee or a candidate political committee,
25except as provided in subsection (c-5). Nothing in this
26Section shall limit the amounts that may be transferred

 

 

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1between a political party committee established under
2subsection (a) of Section 7-8 of this Code and an affiliated
3federal political committee established under the Federal
4Election Code by the same political party. A political party
5committee may not accept contributions from a ballot
6initiative committee or from an independent expenditure
7committee. A political party committee established by a
8legislative caucus may not accept contributions from another
9political party committee established by a legislative caucus.
10    (c-5) During the period beginning on the date candidates
11may begin circulating petitions for a primary election and
12ending on the day of the primary election, a political party
13committee may not accept contributions with an aggregate value
14over $50,000 from a candidate political committee or political
15party committee. A political party committee may accept
16contributions in any amount from a candidate political
17committee or political party committee if the political party
18committee receiving the contribution filed a statement of
19nonparticipation in the primary as provided in subsection
20(c-10). The Task Force on Campaign Finance Reform shall study
21and make recommendations on the provisions of this subsection
22to the Governor and General Assembly by September 30, 2012.
23This subsection becomes inoperative on July 1, 2013 and
24thereafter no longer applies.
25    (c-10) A political party committee that does not intend to
26make contributions to candidates to be nominated at a general

 

 

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1primary election or consolidated primary election may file a
2Statement of Nonparticipation in a Primary Election with the
3Board. The Statement of Nonparticipation shall include a
4verification signed by the chairperson and treasurer of the
5committee that (i) the committee will not make contributions
6or coordinated expenditures in support of or opposition to a
7candidate or candidates to be nominated at the general primary
8election or consolidated primary election (select one) to be
9held on (insert date), (ii) the political party committee may
10accept unlimited contributions from candidate political
11committees and political party committees, provided that the
12political party committee does not make contributions to a
13candidate or candidates to be nominated at the primary
14election, and (iii) failure to abide by these requirements
15shall deem the political party committee in violation of this
16Article and subject the committee to a fine of no more than
17150% of the total contributions or coordinated expenditures
18made by the committee in violation of this Article. This
19subsection becomes inoperative on July 1, 2013 and thereafter
20no longer applies.
21    (d) During an election cycle, a political action committee
22may not accept contributions with an aggregate value over the
23following: (i) $10,000 from any individual, (ii) $20,000 from
24any corporation, labor organization, political party
25committee, or association, or (iii) $50,000 from a political
26action committee or candidate political committee. A political

 

 

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1action committee may not accept contributions from a ballot
2initiative committee or from an independent expenditure
3committee.
4    (e) A ballot initiative committee may accept contributions
5in any amount from any source, provided that the committee
6files the document required by Section 9-3 of this Article and
7files the disclosure reports required by the provisions of
8this Article.
9    (e-5) An independent expenditure committee may accept
10contributions in any amount from any source, provided that the
11committee files the document required by Section 9-3 of this
12Article and files the disclosure reports required by the
13provisions of this Article.
14    (e-10) A limited activity committee shall not accept
15contributions, except that the officer or a candidate the
16committee has designated to support may contribute personal
17funds in order to pay for maintenance expenses. A limited
18activity committee may only make expenditures that are: (i)
19necessary for maintenance of the committee; (ii) for rent or
20lease payments until the end of the lease in effect at the time
21the officer or candidate is confirmed by the Senate; (iii)
22contributions to 501(c)(3) charities; or (iv) returning
23contributions to original contributors.
24    (f) Nothing in this Section shall prohibit a political
25committee from dividing the proceeds of joint fundraising
26efforts; provided that no political committee may receive more

 

 

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1than the limit from any one contributor, and provided that an
2independent expenditure committee may not conduct joint
3fundraising efforts with a candidate political committee or a
4political party committee.
5    (g) On January 1 of each odd-numbered year, the State
6Board of Elections shall adjust the amounts of the
7contribution limitations established in this Section for
8inflation as determined by the Consumer Price Index for All
9Urban Consumers as issued by the United States Department of
10Labor and rounded to the nearest $100. The State Board shall
11publish this information on its official website.
12    (h) Self-funding candidates. If a public official, a
13candidate, or the public official's or candidate's immediate
14family contributes or loans to the public official's or
15candidate's political committee or to other political
16committees that transfer funds to the public official's or
17candidate's political committee or makes independent
18expenditures for the benefit of the public official's or
19candidate's campaign during the 12 months prior to an election
20in an aggregate amount of more than (i) $250,000 for statewide
21office or (ii) $100,000 for all other elective offices, then
22the public official or candidate shall file with the State
23Board of Elections, within one day, a Notification of
24Self-funding that shall detail each contribution or loan made
25by the public official, the candidate, or the public
26official's or candidate's immediate family. Within 2 business

 

 

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1days after the filing of a Notification of Self-funding, the
2notification shall be posted on the Board's website and the
3Board shall give official notice of the filing to each
4candidate for the same office as the public official or
5candidate making the filing, including the public official or
6candidate filing the Notification of Self-funding. Notice
7shall be sent via first class mail to the candidate and the
8treasurer of the candidate's committee. Notice shall also be
9sent by e-mail to the candidate and the treasurer of the
10candidate's committee if the candidate and the treasurer, as
11applicable, have provided the Board with an e-mail address.
12Upon posting of the notice on the Board's website, all
13candidates for that office, including the public official or
14candidate who filed a Notification of Self-funding, shall be
15permitted to accept contributions in excess of any
16contribution limits imposed by subsection (b). If a public
17official or candidate filed a Notification of Self-funding
18during an election cycle that includes a general primary
19election or consolidated primary election and that public
20official or candidate is nominated, all candidates for that
21office, including the nominee who filed the notification of
22self-funding, shall be permitted to accept contributions in
23excess of any contribution limit imposed by subsection (b) for
24the subsequent election cycle. For the purposes of this
25subsection, "immediate family" means the spouse, parent, or
26child of a public official or candidate.

 

 

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1    (h-5) If a natural person or independent expenditure
2committee makes independent expenditures in support of or in
3opposition to the campaign of a particular public official or
4candidate in an aggregate amount of more than (i) $250,000 for
5statewide office or (ii) $100,000 for all other elective
6offices in an election cycle, as reported in a written
7disclosure filed under subsection (a) of Section 9-8.6 or
8subsection (e-5) of Section 9-10, then the State Board of
9Elections shall, within 2 business days after the filing of
10the disclosure, post the disclosure on the Board's website and
11give official notice of the disclosure to each candidate for
12the same office as the public official or candidate for whose
13benefit or detriment the natural person or independent
14expenditure committee made independent expenditures. Upon
15posting of the notice on the Board's website, all candidates
16for that office in that election, including the public
17official or candidate for whose benefit or detriment the
18natural person or independent expenditure committee made
19independent expenditures, shall be permitted to accept
20contributions in excess of any contribution limits imposed by
21subsection (b).
22    (h-10) If the State Board of Elections receives
23notification or determines that a natural person or persons,
24an independent expenditure committee or committees, or
25combination thereof has made independent expenditures in
26support of or in opposition to the campaign of a particular

 

 

10200SB0539ham002- 82 -LRB102 04041 RJF 27420 a

1public official or candidate in an aggregate amount of more
2than (i) $250,000 for statewide office or (ii) $100,000 for
3all other elective offices in an election cycle, then the
4Board shall, within 2 business days after discovering the
5independent expenditures that, in the aggregate, exceed the
6threshold set forth in (i) and (ii) of this subsection, post
7notice of this fact on the Board's website and give official
8notice to each candidate for the same office as the public
9official or candidate for whose benefit or detriment the
10independent expenditures were made. Notice shall be sent via
11first class mail to the candidate and the treasurer of the
12candidate's committee. Notice shall also be sent by e-mail to
13the candidate and the treasurer of the candidate's committee
14if the candidate and the treasurer, as applicable, have
15provided the Board with an e-mail address. Upon posting of the
16notice on the Board's website, all candidates of that office
17in that election, including the public official or candidate
18for whose benefit or detriment the independent expenditures
19were made, may accept contributions in excess of any
20contribution limits imposed by subsection (b).
21    (i) For the purposes of this Section, a corporation, labor
22organization, association, or a political action committee
23established by a corporation, labor organization, or
24association may act as a conduit in facilitating the delivery
25to a political action committee of contributions made through
26dues, levies, or similar assessments and the political action

 

 

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1committee may report the contributions in the aggregate,
2provided that: (i) contributions made through dues, levies, or
3similar assessments paid by any natural person, corporation,
4labor organization, or association in a calendar year may not
5exceed the limits set forth in this Section; (ii) the
6corporation, labor organization, association, or a political
7action committee established by a corporation, labor
8organization, or association facilitating the delivery of
9contributions maintains a list of natural persons,
10corporations, labor organizations, and associations that paid
11the dues, levies, or similar assessments from which the
12contributions comprising the aggregate amount derive; and
13(iii) contributions made through dues, levies, or similar
14assessments paid by any natural person, corporation, labor
15organization, or association that exceed $500 in a quarterly
16reporting period shall be itemized on the committee's
17quarterly report and may not be reported in the aggregate. A
18political action committee facilitating the delivery of
19contributions or receiving contributions shall disclose the
20amount of contributions made through dues delivered or
21received and the name of the corporation, labor organization,
22association, or political action committee delivering the
23contributions, if applicable. On January 1 of each
24odd-numbered year, the State Board of Elections shall adjust
25the amounts of the contribution limitations established in
26this subsection for inflation as determined by the Consumer

 

 

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1Price Index for All Urban Consumers as issued by the United
2States Department of Labor and rounded to the nearest $100.
3The State Board shall publish this information on its official
4website.
5    (j) A political committee that receives a contribution or
6transfer in violation of this Section shall dispose of the
7contribution or transfer by returning the contribution or
8transfer, or an amount equal to the contribution or transfer,
9to the contributor or transferor or donating the contribution
10or transfer, or an amount equal to the contribution or
11transfer, to a charity. A contribution or transfer received in
12violation of this Section that is not disposed of as provided
13in this subsection within 30 days after the Board sends
14notification to the political committee of the excess
15contribution by certified mail shall escheat to the General
16Revenue Fund and the political committee shall be deemed in
17violation of this Section and subject to a civil penalty not to
18exceed 150% of the total amount of the contribution.
19    (k) For the purposes of this Section, "statewide office"
20means the Governor, Lieutenant Governor, Attorney General,
21Secretary of State, Comptroller, and Treasurer.
22    (l) This Section is repealed if and when the United States
23Supreme Court invalidates contribution limits on committees
24formed to assist candidates, political parties, corporations,
25associations, or labor organizations established by or
26pursuant to federal law.

 

 

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1(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
2    Section 25. The General Assembly Compensation Act is
3amended by changing Section 1 as follows:
 
4    (25 ILCS 115/1)  (from Ch. 63, par. 14)
5    Sec. 1. Each member of the General Assembly shall receive
6an annual salary of $28,000 or as set by the Compensation
7Review Board, whichever is greater. The following named
8officers, committee chairmen and committee minority spokesmen
9shall receive additional amounts per year for their services
10as such officers, committee chairmen and committee minority
11spokesmen respectively, as set by the Compensation Review
12Board or, as follows, whichever is greater: Beginning the
13second Wednesday in January 1989, the Speaker and the minority
14leader of the House of Representatives and the President and
15the minority leader of the Senate, $16,000 each; the majority
16leader in the House of Representatives $13,500; 5 assistant
17majority leaders and 5 assistant minority leaders in the
18Senate, $12,000 each; 6 assistant majority leaders and 6
19assistant minority leaders in the House of Representatives,
20$10,500 each; 2 Deputy Majority leaders in the House of
21Representatives $11,500 each; and 2 Deputy Minority leaders in
22the House of Representatives, $11,500 each; the majority
23caucus chairman and minority caucus chairman in the Senate,
24$12,000 each; and beginning the second Wednesday in January,

 

 

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11989, the majority conference chairman and the minority
2conference chairman in the House of Representatives, $10,500
3each; beginning the second Wednesday in January, 1989, the
4chairman and minority spokesman of each standing committee of
5the Senate, except the Rules Committee, the Committee on
6Committees, and the Committee on Assignment of Bills, $6,000
7each; and beginning the second Wednesday in January, 1989, the
8chairman and minority spokesman of each standing and select
9committee of the House of Representatives, $6,000 each; and
10beginning fiscal year 2020, the majority leader in the Senate,
11an amount equal to the majority leader in the House. A member
12who serves in more than one position as an officer, committee
13chairman, or committee minority spokesman shall receive only
14one additional amount based on the position paying the highest
15additional amount. Prior to the 103rd General Assembly, the
16The compensation provided for in this Section to be paid per
17year to members of the General Assembly, including the
18additional sums payable per year to officers of the General
19Assembly shall be paid in 12 equal monthly installments. The
20first such installment is payable on January 31, 1977. All
21subsequent equal monthly installments are payable on the last
22working day of the month. Prior to the 103rd General Assembly,
23a A member who has held office any part of a month is entitled
24to compensation for an entire month.
25    Beginning with the 103rd General Assembly, the
26compensation provided for in this Section to be paid per year

 

 

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1to members of the General Assembly, including additional sums
2payable per year to officers of the General Assembly, shall be
3paid bi-monthly. Members who resign before completing the
4entire term in office shall be compensated on a prorated
5basis. Members completing the term of a vacancy shall be
6compensated on a prorated basis.
7    Mileage shall be paid at the rate of 20 cents per mile
8before January 9, 1985, and at the mileage allowance rate in
9effect under regulations promulgated pursuant to 5 U.S.C.
105707(b)(2) beginning January 9, 1985, for the number of actual
11highway miles necessarily and conveniently traveled by the
12most feasible route to be present upon convening of the
13sessions of the General Assembly by such member in each and
14every trip during each session in going to and returning from
15the seat of government, to be computed by the Comptroller. A
16member traveling by public transportation for such purposes,
17however, shall be paid his actual cost of that transportation
18instead of on the mileage rate if his cost of public
19transportation exceeds the amount to which he would be
20entitled on a mileage basis. No member may be paid, whether on
21a mileage basis or for actual costs of public transportation,
22for more than one such trip for each week the General Assembly
23is actually in session. Each member shall also receive an
24allowance of $36 per day for lodging and meals while in
25attendance at sessions of the General Assembly before January
269, 1985; beginning January 9, 1985, such food and lodging

 

 

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1allowance shall be equal to the amount per day permitted to be
2deducted for such expenses under the Internal Revenue Code;
3however, beginning May 31, 1995, no allowance for food and
4lodging while in attendance at sessions is authorized for
5periods of time after the last day in May of each calendar
6year, except (i) if the General Assembly is convened in
7special session by either the Governor or the presiding
8officers of both houses, as provided by subsection (b) of
9Section 5 of Article IV of the Illinois Constitution or (ii) if
10the General Assembly is convened to consider bills vetoed,
11item vetoed, reduced, or returned with specific
12recommendations for change by the Governor as provided in
13Section 9 of Article IV of the Illinois Constitution. For
14fiscal year 2011 and for session days in fiscal years 2012,
152013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
16allowance for lodging and meals is $111 per day and (ii)
17mileage for automobile travel shall be reimbursed at a rate of
18$0.39 per mile.
19    Notwithstanding any other provision of law to the
20contrary, beginning in fiscal year 2012, travel reimbursement
21for General Assembly members on non-session days shall be
22calculated using the guidelines set forth by the Legislative
23Travel Control Board, except that fiscal year 2012, 2013,
242014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
25is set at a rate of $0.39 per mile.
26    If a member dies having received only a portion of the

 

 

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1amount payable as compensation, the unpaid balance shall be
2paid to the surviving spouse of such member, or, if there be
3none, to the estate of such member.
4(Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18;
5101-10, eff. 6-5-19; revised 7-17-19.)
 
6    Section 30. The Lobbyist Registration Act is amended by
7changing Sections 2, 3, 4.5, 4.7, 5, 6, 8, and 11.2 as follows:
 
8    (25 ILCS 170/2)  (from Ch. 63, par. 172)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Person" means any individual, firm, partnership,
12committee, association, corporation, or any other organization
13or group of persons.
14    (b) "Expenditure" means a payment, distribution, loan,
15advance, deposit, or gift of money or anything of value, and
16includes a contract, promise, or agreement, whether or not
17legally enforceable, to make an expenditure, for the ultimate
18purpose of influencing executive, legislative, or
19administrative action, other than compensation as defined in
20subsection (d).
21    (c) "Official" means:
22        (1) the Governor, Lieutenant Governor, Secretary of
23    State, Attorney General, State Treasurer, and State
24    Comptroller;

 

 

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1        (2) Chiefs of Staff for officials described in item
2    (1), the Deputy Governor, the Deputy Secretary of State,
3    the Deputy Attorney General, the Deputy Treasurer, and the
4    Deputy Comptroller;
5        (3) Cabinet members of any elected constitutional
6    officer, including Directors, Assistant Directors and
7    Chief Legal Counsel or General Counsel;
8        (4) Members of the General Assembly; and
9        (5) Members of any board, commission, authority, or
10    task force of the State authorized or created by State law
11    or by executive order of the Governor; .
12        (6) Mayors, presidents, aldermen, commissioners, and
13    trustees of a city, village, or town;
14        (7) County board members and countywide elected
15    officials;
16        (8) Township board members and township elected
17    officials; and
18        (9) Members of any board, commission, authority, or
19    task force created by a local ordinance or order of a mayor
20    or village or town president.
21    (d) "Compensation" means any money, thing of value or
22financial benefits received or to be received in return for
23services rendered or to be rendered, for lobbying or as a
24consultant as defined in subsection (e).
25    Monies paid to members of the General Assembly by the
26State as remuneration for performance of their Constitutional

 

 

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1and statutory duties as members of the General Assembly shall
2not constitute compensation as defined by this Act.
3    (e) "Lobby" and "lobbying" means to communicate, including
4the soliciting of others to communicate, any communication
5with an official of the executive or legislative branch of
6State government as defined in subsection (c) for the ultimate
7purpose of influencing any executive, legislative, or
8administrative action at the State, municipal, county, or
9township government level. Soliciting of others to communicate
10shall not include (i) the making of a grant by an organization
11recognized as tax exempt under Section 501(c)(3) of the
12Internal Revenue Code made in accordance with Section 4945 and
13the regulations thereunder or (ii) a communication by an
14organization recognized as tax exempt under Section 501(c)(3)
15or 501(c)(5) of the Internal Revenue Code to the public or a
16segment thereof or to its members to communicate with
17legislators, executives, or administrators with respect to a
18proposed action by the legislature, executive, or
19administrator.
20    (f) "Influencing" means any communication, action,
21reportable expenditure as prescribed in Section 6 or other
22means used to promote, support, affect, modify, oppose or
23delay any executive, legislative or administrative action or
24to promote goodwill with officials as defined in subsection
25(c).
26    (g) "Executive action" means the proposal, drafting,

 

 

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1development, consideration, amendment, adoption, approval,
2promulgation, issuance, modification, rejection or
3postponement by a State, municipal, county, or township
4government entity of a rule, regulation, order, decision,
5determination, contractual arrangement, purchasing agreement
6or other quasi-legislative or quasi-judicial action or
7proceeding.
8    (h) "Legislative action" means the development, drafting,
9introduction, consideration, modification, adoption,
10rejection, review, enactment, or passage or defeat of any
11bill, amendment, resolution, ordinance, report, nomination,
12administrative rule or other matter by either house of the
13General Assembly or a committee thereof, or by a legislator,
14by the legislative body of a municipality, county, or
15township, or by an alderman, trustee, or township board
16member. Legislative action also means the action of the
17Governor, mayor, or village or township board president, or
18county executive in approving or vetoing any bill, ordinance,
19or resolution or portion thereof, and the action of such
20officials the Governor or any agency under their jurisdiction
21in the development of a legislative proposal for introduction
22in the legislature.
23    (i) "Administrative action" means the execution or
24rejection of any rule, regulation, legislative rule, standard,
25fee, rate, contractual arrangement, purchasing agreement or
26other delegated legislative or quasi-legislative action to be

 

 

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1taken or withheld by any executive agency, department, board
2or commission of the State, municipal, county, or township.
3    (j) "Lobbyist" means any natural person who undertakes to
4lobby State, municipal, county, or township government as
5provided in subsection (e).
6    (k) "Lobbying entity" means any entity that hires,
7retains, employs, or compensates a natural person to lobby
8State, municipal, county, or township government as provided
9in subsection (e).
10    (l) "Authorized agent" means the person designated by an
11entity or lobbyist registered under this Act as the person
12responsible for submission and retention of reports required
13under this Act.
14    (m) "Client" means any person or entity that provides
15compensation to a lobbyist to lobby State, municipal, county,
16or township government as provided in subsection (e) of this
17Section.
18    (n) "Client registrant" means a client who is required to
19register under this Act.
20    (o) "Unit of local government" has the meaning ascribed to
21it in Section 1 of Article VII of the Illinois Constitution and
22also includes school districts and community college
23districts.
24    (p) "Consultant" means any natural person or entity who,
25for compensation, provides advisory services, including but
26not limited to, rendering opinions on or developing strategies

 

 

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1for lobbying or influencing, to a lobbyist or lobbying entity
2for the ultimate purpose of influencing any executive,
3legislative, or administrative action. "Consultant" does not
4include (i) an employee of the lobbyist or lobbying entity or
5(ii) an attorney or law firm providing legal services,
6including drafting legislation or advising and rendering
7opinions to clients as to the construction and legal effect of
8proposed or pending legislation or any executive, legislative,
9or administrative action.
10(Source: P.A. 101-595, eff. 12-5-19.)
 
11    (25 ILCS 170/3)  (from Ch. 63, par. 173)
12    Sec. 3. Persons required to register.
13    (a) Except as provided in Section 9, any natural person
14who, for compensation or otherwise, undertakes to lobby, or
15any person or entity who employs or compensates another person
16for the purposes of lobbying, shall register with the
17Secretary of State as provided in this Act, unless that person
18or entity qualifies for one or more of the following
19exemptions.
20        (1) Persons or entities who, for the purpose of
21    influencing any executive, legislative, or administrative
22    action and who do not make expenditures that are
23    reportable pursuant to Section 6, appear without
24    compensation or promise thereof only as witnesses before a
25    legislative committee committees of the House and Senate

 

 

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1    for the purpose of explaining or arguing for or against
2    the passage of or action upon any legislation, ordinance,
3    or regulation then pending before the committee those
4    committees, or who seek without compensation or promise
5    thereof the approval or veto of any legislation or
6    ordinance by the Governor.
7        (1.4) A unit of local government, State government, or
8    agencies, departments, commissions, boards, or task forces
9    thereof or a school district.
10        (1.5) An elected or appointed official or an employee
11    of a unit of local government or school district who, in
12    the scope of his or her public office or employment, seeks
13    to influence executive, legislative, or administrative
14    action exclusively on behalf of that unit of local
15    government or school district.
16        (2) Persons or entities who own, publish, or are
17    employed by a newspaper or other regularly published
18    periodical, or who own or are employed by a radio station,
19    television station, or other bona fide news medium that in
20    the ordinary course of business disseminates news,
21    editorial or other comment, or paid advertisements that
22    directly urge the passage or defeat of legislation. This
23    exemption is not applicable to such an individual insofar
24    as he or she receives additional compensation or expenses
25    from some source other than the bona fide news medium for
26    the purpose of influencing executive, legislative, or

 

 

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1    administrative action. This exemption does not apply to
2    newspapers and periodicals owned by or published by trade
3    associations and not-for-profit corporations engaged
4    primarily in endeavors other than dissemination of news.
5        (3) Persons or entities performing professional
6    services in drafting bills or in advising and rendering
7    opinions to clients as to the construction and effect of
8    proposed or pending legislation when those professional
9    services are not otherwise, directly or indirectly,
10    connected with executive, legislative, or administrative
11    action.
12        (4) Persons or entities who are employees of
13    departments, divisions, or agencies of State or local
14    government and who appear before committees of the House
15    and Senate for the purpose of explaining how the
16    executive, legislative, or administrative action passage
17    of or action upon any legislation then pending before
18    those committees will affect those departments, divisions,
19    or agencies of State or local government.
20        (5) Employees of the General Assembly, legislators,
21    legislative agencies, and legislative commissions who, in
22    the course of their official duties only, engage in
23    activities that otherwise qualify as lobbying. Legislators
24    whose activities are limited to occasional communications
25    with an official of a unit of local government on behalf of
26    their employer in the ordinary course of their non-public

 

 

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1    employment where (1) the primary duties of the employment
2    are not to influence executive, legislative, or
3    administrative action and (2) the legislator does not make
4    any expenditures that are reportable pursuant to Section
5    6.
6        (6) Persons or entities in possession of technical
7    skills and knowledge relevant to certain areas of
8    executive, legislative, or administrative actions, whose
9    skills and knowledge would be helpful to officials when
10    considering those actions, whose activities are limited to
11    making occasional appearances for or communicating on
12    behalf of a registrant, and who do not make expenditures
13    that are reportable pursuant to Section 6 even though
14    receiving expense reimbursement for those occasional
15    appearances.
16        (7) Any full-time employee of a bona fide church or
17    religious organization who represents that organization
18    solely for the purpose of protecting the right of the
19    members thereof to practice the religious doctrines of
20    that church or religious organization, or any such bona
21    fide church or religious organization.
22        (8) Persons or entities that receive no compensation
23    other than reimbursement for expenses of up to $500 per
24    year while engaged in lobbying State government, unless
25    those persons make expenditures that are reportable under
26    Section 6.

 

 

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1        (9) Any attorney or group or firm of attorneys (1) in
2    connection with the practice of law or (2) in the course of
3    representing a client in relation to any administrative,
4    or judicial, quasi-judicial proceeding, or any witness
5    providing testimony in any administrative, or judicial, or
6    quasi-judicial proceeding, in which ex parte
7    communications are not allowed and who does not make
8    expenditures that are reportable pursuant to Section 6.
9        (9.5) Any attorney or group or firm of attorneys in
10    the course of representing a client in an administrative
11    or executive action involving a contractual or purchasing
12    arrangement and who does not make expenditures that are
13    reportable pursuant to Section 6.
14        (10) Persons or entities who, in the scope of their
15    employment as a vendor, offer or solicit an official for
16    the purchase of any goods or services when (1) the
17    solicitation is limited to either an oral inquiry or
18    written advertisements and informative literature; or (2)
19    the goods and services are subject to competitive bidding
20    requirements of the Illinois Procurement Code; or (3) the
21    goods and services are for sale at a cost not to exceed
22    $5,000; and (4) the persons or entities do not make
23    expenditures that are reportable under Section 6.
24    (a-5) If in the course of providing services as a
25consultant, the consultant communicates with an official on
26behalf of the lobbyist or lobbying entity for the ultimate

 

 

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1purpose of influencing any executive, legislative, or
2administrative action, or makes an expenditure on behalf of or
3benefiting an official, the consultant shall register as a
4lobbyist within 2 business days of engaging in the
5communication with the official or making the expenditure
6benefiting the official.
7    (b) It is a violation of this Act to engage in lobbying or
8to employ any person for the purpose of lobbying who is not
9registered with the Office of the Secretary of State, except
10upon condition that the person register and the person does in
11fact register within 2 business days after being employed or
12retained for lobbying services.
13    (c) The Secretary shall promulgate a rule establishing a
14list of the entities required to register under this Act,
15including the name of each board, commission, authority, or
16task force. The Secretary may require a person or entity
17claiming an exemption under this Section to certify the person
18or entity is not required to register under this Act. Nothing
19prohibits the Secretary from rejecting a certification and
20requiring a person or entity to register.
21(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
22    (25 ILCS 170/4.5)
23    Sec. 4.5. Ethics training. Each natural person required to
24register as a lobbyist under this Act must complete a program
25of ethics training provided by the Secretary of State. A

 

 

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1natural person registered under this Act must complete the
2training program before no later than 30 days after
3registration or renewal is deemed complete under this Act. If
4the Secretary of State uses the ethics training developed in
5accordance with Section 5-10 of the State Officials and
6Employees Ethics Act, that training must be expanded to
7include appropriate information about the requirements,
8responsibilities, and opportunities imposed by or arising
9under this Act, including reporting requirements.
10    The Secretary of State shall adopt rules for the
11implementation of this Section.
12(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
13    (25 ILCS 170/4.7)
14    Sec. 4.7. Prohibition on sexual harassment.
15    (a) All persons have the right to work in an environment
16free from sexual harassment. All persons subject to this Act
17shall refrain from sexual harassment of any person.
18    (b) (Blank). Until January 1, 2020, each natural person
19required to register as a lobbyist under this Act must
20complete, at least annually, a sexual harassment training
21program provided by the Secretary of State. A natural person
22registered under this Act must complete the training program
23no later than 30 days after registration or renewal under this
24Act. This requirement does not apply to a lobbying entity or a
25client that hires a lobbyist that (i) does not have employees

 

 

10200SB0539ham002- 101 -LRB102 04041 RJF 27420 a

1of the lobbying entity or client registered as lobbyists, or
2(ii) does not have an actual presence in Illinois.
3    (b-5) Each Beginning January 1, 2020, each natural person
4required to register as a lobbyist under this Act must
5complete, at least annually, a harassment and discrimination
6prevention training program provided by the Secretary of
7State. A natural person registered under this Act must
8complete the training program before no later than 30 days
9after registration or renewal is deemed complete under this
10Act. This requirement does not apply to a lobbying entity or a
11client that hires a lobbyist that (i) does not have employees
12of the lobbying entity or client registered as lobbyists, or
13(ii) does not have an actual presence in Illinois. For the
14purposes of this subsection, "unlawful discrimination" and
15"harassment" mean unlawful discrimination and harassment
16prohibited under Section 2-102 of the Illinois Human Rights
17Act.
18    (c) Before registration or renewal is deemed complete
19under this Act No later than January 1, 2018, each natural
20person and any entity required to register under this Act
21shall have a written sexual harassment policy that shall
22include, at a minimum: (i) a prohibition on sexual harassment;
23(ii) details on how an individual can report an allegation of
24sexual harassment, including options for making a confidential
25report to a supervisor, ethics officer, Inspector General, or
26the Department of Human Rights; (iii) a prohibition on

 

 

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1retaliation for reporting sexual harassment allegations,
2including availability of whistleblower protections under the
3State Officials and Employee Ethics Act, the Whistleblower
4Act, and the Illinois Human Rights Act; and (iv) the
5consequences of a violation of the prohibition on sexual
6harassment and the consequences for knowingly making a false
7report.
8    (d) For purposes of this Act, "sexual harassment" means
9any unwelcome sexual advances or requests for sexual favors or
10any conduct of a sexual nature when: (i) submission to such
11conduct is made either explicitly or implicitly a term or
12condition of an individual's employment; (ii) submission to or
13rejection of such conduct by an individual is used as the basis
14for employment decisions affecting such individual; or (iii)
15such conduct has the purpose or effect of substantially
16interfering with an individual's work performance or creating
17an intimidating, hostile, or offensive working environment.
18For the purposes of this definition, the phrase "working
19environment" is not limited to a physical location an employee
20is assigned to perform his or her duties and does not require
21an employment relationship.
22    (e) The Secretary of State shall adopt rules for the
23implementation of this Section. In order to provide for the
24expeditious and timely implementation of this Section, the
25Secretary of State shall adopt emergency rules under
26subsection (z) of Section 5-45 of the Illinois Administrative

 

 

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1Procedure Act for the implementation of this Section no later
2than 60 days after the effective date of this amendatory Act of
3the 100th General Assembly.
4(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.)
 
5    (25 ILCS 170/5)
6    Sec. 5. Lobbyist registration and disclosure. Every
7natural person and every entity required to register under
8this Act shall before any service is performed which requires
9the natural person or entity to register, but in any event not
10later than 2 business days after being employed or retained,
11file in the Office of the Secretary of State a statement in a
12format prescribed by the Secretary of State containing the
13following information with respect to each person or entity
14employing, retaining, or benefitting from the services of the
15natural person or entity required to register:
16        (a) The registrant's name, permanent address, e-mail
17    address, if any, fax number, if any, business telephone
18    number, and temporary address, if the registrant has a
19    temporary address while lobbying.
20        (a-5) If the registrant is an entity, the information
21    required under subsection (a) for each natural person
22    associated with the registrant who will be lobbying,
23    regardless of whether lobbying is a significant part of
24    his or her duties.
25        (b) The name and address of the client or clients

 

 

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1    employing or retaining the registrant to perform such
2    services or on whose behalf the registrant appears. If the
3    client employing or retaining the registrant is a client
4    registrant, the statement shall also include the name and
5    address of the client or clients of the client registrant
6    on whose behalf the registrant will be or anticipates
7    performing services.
8        (b-5) If the registrant employs or retains a
9    sub-registrant, the statement shall include the name and
10    address of the sub-registrant and identify the client or
11    clients of the registrant on whose behalf the
12    sub-registrant will be or is anticipated to be performing
13    services.
14        (b-7) If the registrant retains a consultant, the
15    statement shall include the name and address of the
16    consultant and identify the client or clients and each
17    executive and legislative branch agency for which the
18    consultant is to provide advisory services.
19        (c) For those identified under subsections (b), (b-5),
20    and (b-7), a A brief description of the executive,
21    legislative, or administrative action in reference to
22    which such service is to be rendered.
23        (c-5) Each executive and legislative branch agency of
24    the State and each unit of local government the registrant
25    expects to lobby during the registration period.
26        (c-6) The nature of the client's business, by

 

 

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1    indicating all of the following categories that apply: (1)
2    banking and financial services, (2) manufacturing, (3)
3    education, (4) environment, (5) healthcare, (6) insurance,
4    (7) community interests, (8) labor, (9) public relations
5    or advertising, (10) marketing or sales, (11) hospitality,
6    (12) engineering, (13) information or technology products
7    or services, (14) social services, (15) public utilities,
8    (16) racing or wagering, (17) real estate or construction,
9    (18) telecommunications, (19) trade or professional
10    association, (20) travel or tourism, (21) transportation,
11    (22) agriculture, and (23) other (setting forth the nature
12    of that other business).
13        (d) A confirmation that the registrant has a sexual
14    harassment policy as required by Section 4.7, that such
15    policy shall be made available to any individual within 2
16    business days upon written request (including electronic
17    requests), that any person may contact the authorized
18    agent of the registrant to report allegations of sexual
19    harassment, and that the registrant recognizes the
20    Inspector General has jurisdiction to review any
21    allegations of sexual harassment alleged against the
22    registrant or lobbyists hired by the registrant.
23        (e) (Blank). Each unit of local government in this
24    State for which the registrant is or expects to be
25    required to register to lobby the local government during
26    the registration period. "Lobby" shall have the meaning

 

 

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1    ascribed to it by the relevant unit of local government.
2        (f) Each elected or appointed public office in this
3    State to be held by the registrant at any time during the
4    registration period.
5    Every natural person and every entity required to register
6under this Act shall annually submit the registration required
7by this Section on or before each January 31. The registrant
8has a continuing duty to report any substantial change or
9addition to the information contained in the registration. A
10registrant who retains a consultant shall file an amended
11registration before any consulting services are performed, but
12in any event not later than 2 business days after the
13consultant is retained, setting forth the information required
14in subsections (b-7) and (c) of this Section. Registrants
15registered as of the effective date of this amendatory Act of
16the 101st General Assembly shall update their registration to
17add the information required under subsections (b-5), (e), and
18(f), if applicable, within 30 days after the effective date of
19this amendatory Act of the 101st General Assembly.
20    The Secretary of State shall make all filed statements and
21amendments to statements publicly available by means of a
22searchable database that is accessible through the World Wide
23Web. The Secretary of State shall provide all software
24necessary to comply with this provision to all natural persons
25and entities required to file. The Secretary of State shall
26implement a plan to provide computer access and assistance to

 

 

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1natural persons and entities required to file electronically.
2    All natural persons and entities required to register
3under this Act shall remit a single, annual, and nonrefundable
4$300 registration fee. Each natural person required to
5register under this Act shall submit, on an annual basis, a
6picture of the registrant. A registrant may, in lieu of
7submitting a picture on an annual basis, authorize the
8Secretary of State to use any photo identification available
9in any database maintained by the Secretary of State for other
10purposes. Each registration fee collected for registrations on
11or after January 1, 2010 shall be deposited into the Lobbyist
12Registration Administration Fund for administration and
13enforcement of this Act.
14(Source: P.A. 100-554, eff. 11-16-17; 101-595, eff. 12-5-19.)
 
15    (25 ILCS 170/6)  (from Ch. 63, par. 176)
16    Sec. 6. Reports.
17    (a) Lobbyist reports. Except as otherwise provided in this
18Section, every lobbyist registered under this Act who is
19solely employed by a lobbying entity shall file an
20affirmation, verified under oath pursuant to Section 1-109 of
21the Code of Civil Procedure, with the Secretary of State
22attesting to the accuracy of any reports filed pursuant to
23subsection (b) as those reports pertain to work performed by
24the lobbyist. Any lobbyist registered under this Act who is
25not solely employed by a lobbying entity shall personally file

 

 

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1reports required of lobbying entities pursuant to subsection
2(b). A lobbyist may, if authorized so to do by a lobbying
3entity by whom he or she is employed or retained, file lobbying
4entity reports pursuant to subsection (b) provided that the
5lobbying entity may delegate the filing of the lobbying entity
6report to only one lobbyist in any reporting period.
7    (b) Lobbying entity reports. Every lobbying entity
8registered under this Act shall report expenditures related to
9lobbying, including any expenditures made by a consultant in
10performing services for the lobbying entity. The report shall
11itemize each individual expenditure or transaction and shall
12include the name of the official on whose behalf the
13expenditure was made, the name of the client if the
14expenditure was made on behalf of a client, the total amount of
15the expenditure, a description of the expenditure, the vendor
16or purveyor to whom the expenditure was made (including the
17address or location of the expenditure), the date on which the
18expenditure occurred and the subject matter of the lobbying
19activity, if any. For those expenditures made on behalf of a
20client, if the client is a client registrant, the report shall
21also include the name and address of the client or clients of
22the client registrant or the official or officials on whose
23behalf the expenditure ultimately was made. Each expenditure
24required to be reported shall include all expenses made for or
25on behalf of an official or his or her immediate family member
26living with the official.

 

 

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1    (b-1) The report shall include any change or addition to
2the client list information, required in Section 5 for
3registration, since the last report, including the names and
4addresses of all clients who retained the lobbying entity
5together with an itemized description for each client of the
6following: (1) lobbying regarding executive action, including
7the name of any executive agency lobbied and the subject
8matter; (2) lobbying regarding legislative action, including
9the General Assembly and any other agencies lobbied and the
10subject matter; and (3) lobbying regarding administrative
11action, including the agency lobbied and the subject matter.
12Registrants who made no reportable expenditures during a
13reporting period shall file a report stating that no
14expenditures were incurred.
15    (b-2) Expenditures attributable to lobbying officials
16shall be listed and reported according to the following
17categories:
18        (1) Travel and lodging on behalf of others, including,
19    but not limited to, all travel and living accommodations
20    made for or on behalf of State officials during sessions
21    of the General Assembly.
22        (2) Meals, beverages and other entertainment.
23        (3) Gifts (indicating which, if any, are on the basis
24    of personal friendship).
25        (4) Honoraria.
26        (5) Any other thing or service of value not listed

 

 

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1    under categories (1) through (4), setting forth a
2    description of the expenditure. The category travel and
3    lodging includes, but is not limited to, all travel and
4    living accommodations made for or on behalf of State
5    officials in the State capital during sessions of the
6    General Assembly.
7    (b-3) Expenditures incurred for hosting receptions,
8benefits and other large gatherings held for purposes of
9goodwill or otherwise to influence executive, legislative or
10administrative action to which there are 25 or more State
11officials invited shall be reported listing only the total
12amount of the expenditure, the date of the event, and the
13estimated number of officials in attendance.
14    (b-7) Matters excluded from reports. The following items
15need not be included in the report:
16        (1) Reasonable and bona fide expenditures made by the
17    registrant who is a member of a legislative or State study
18    commission or committee while attending and participating
19    in meetings and hearings of such commission or committee.
20        (2) Reasonable and bona fide expenditures made by the
21    registrant for personal sustenance, lodging, travel,
22    office expenses and clerical or support staff.
23        (3) Salaries, fees, and other compensation paid to the
24    registrant for the purposes of lobbying.
25        (4) Any contributions required to be reported under
26    Article 9 of the Election Code.

 

 

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1        (5) Expenditures made by a registrant on behalf of an
2    official that are returned or reimbursed prior to the
3    deadline for submission of the report.
4    (c) A registrant who terminates employment or duties which
5required him to register under this Act shall give the
6Secretary of State, within 30 days after the date of such
7termination, written notice of such termination and shall
8include therewith a report of the expenditures described
9herein, covering the period of time since the filing of his
10last report to the date of termination of employment. Such
11notice and report shall be final and relieve such registrant
12of further reporting under this Act, unless and until he later
13takes employment or assumes duties requiring him to again
14register under this Act.
15    (d) Failure to file any such report within the time
16designated or the reporting of incomplete information shall
17constitute a violation of this Act.
18    A registrant shall preserve for a period of 2 years all
19receipts and records used in preparing reports under this Act.
20    (e) Within 30 days after a filing deadline or as provided
21by rule, the lobbyist shall notify each official on whose
22behalf an expenditure has been reported. Notification shall
23include the name of the registrant, the total amount of the
24expenditure, a description of the expenditure, the date on
25which the expenditure occurred, and the subject matter of the
26lobbying activity.

 

 

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1    (f) A report for the period beginning January 1, 2010 and
2ending on June 30, 2010 shall be filed no later than July 15,
32010, and a report for the period beginning July 1, 2010 and
4ending on December 31, 2010 shall be filed no later than
5January 15, 2011. Beginning January 1, 2011, reports shall be
6filed semi-monthly as follows: (i) for the period beginning
7the first day of the month through the 15th day of the month,
8the report shall be filed no later than the 20th day of the
9month and (ii) for the period beginning on the 16th day of the
10month through the last day of the month, the report shall be
11filed no later than the 5th day of the following month. A
12report filed under this Act is due in the Office of the
13Secretary of State no later than the close of business on the
14date on which it is required to be filed.
15    (g) All reports filed under this Act shall be filed in a
16format or on forms prescribed by the Secretary of State.
17(Source: P.A. 98-459, eff. 1-1-14.)
 
18    (25 ILCS 170/8)  (from Ch. 63, par. 178)
19    Sec. 8. Contingent fees prohibited. No person shall retain
20or employ another to lobby or provide services as a consultant
21with respect to any legislative, executive, or administrative
22action for compensation contingent in whole or in part upon
23the outcome of the action and no person shall accept any such
24employment or render any such service for compensation
25contingent upon the outcome of the legislative, executive, or

 

 

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1administrative action.
2(Source: P.A. 93-889, eff. 8-9-04.)
 
3    (25 ILCS 170/11.2)
4    Sec. 11.2. Preemption Local regulation. Other than a
5municipality with a population over 500,000, no unit of local
6government, including a home rule unit, may regulate lobbying
7in a manner inconsistent with this Act, and all existing laws
8and ordinances that are inconsistent with this Act are hereby
9superseded. This Section is a limitation of home rule powers
10under subsections (h) and (i) of Section 6 of Article VII of
11the Illinois Constitution. A unit of local government or
12school district may adopt an ordinance or resolution
13regulating lobbying activities with that unit of local
14government or school district that imposes requirements
15similar to those imposed by this Act.
16(Source: P.A. 88-187.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2022.".