97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3213

 

Introduced 2/24/2011, by Rep. Pam Roth

 

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

    Amends the Illinois Governmental Ethics Act. Requires former members of the General Assembly, for a period of 2 years following the termination of their terms of office, to file verified written statements of economic interests. Effective immediately.


LRB097 09288 JDS 49423 b

 

 

A BILL FOR

 

HB3213LRB097 09288 JDS 49423 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 4A-101 as follows:
 
6    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
7    Sec. 4A-101. Persons required to file. The following
8persons shall file verified written statements of economic
9interests, as provided in this Article:
10        (a) Members of the General Assembly, and candidates for
11    nomination or election to the General Assembly, and former
12    members of the General Assembly for a period of 2 years
13    following the termination of their term of office.
14        (b) Persons holding an elected office in the Executive
15    Branch of this State, and candidates for nomination or
16    election to these offices.
17        (c) Members of a Commission or Board created by the
18    Illinois Constitution, and candidates for nomination or
19    election to such Commission or Board.
20        (d) Persons whose appointment to office is subject to
21    confirmation by the Senate and persons appointed by the
22    Governor to any other position on a board or commission
23    described in subsection (a) of Section 15 of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    agent" is a person who is directed, retained, designated,
2    appointed, or employed, with or without compensation, by or
3    on behalf of a statewide executive branch constitutional
4    officer to make an ex parte communication under Section
5    5-50 of the State Officials and Employees Ethics Act or
6    Section 5-165 of the Illinois Administrative Procedure
7    Act.
8        (m) Members of the board of commissioners of any flood
9    prevention district.
10        (n) Members of the board of any retirement system or
11    investment board established under the Illinois Pension
12    Code, if not required to file under any other provision of
13    this Section.
14        (o) Members of the board of any pension fund
15    established under the Illinois Pension Code, if not
16    required to file under any other provision of this Section.
17    This Section shall not be construed to prevent any unit of
18local government from enacting financial disclosure
19requirements that mandate more information than required by
20this Act.
21(Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09; 96-543,
22eff. 8-17-09; 96-555, eff. 8-18-09; 96-1000, eff. 7-2-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.