Public Act 093-0816
 		





SB2683 Enrolled
LRB093 20434 JAM 46217 b






    AN ACT concerning ethics.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Governmental Ethics Act is amended  
by changing Section 4A-101 as follows:
 
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)

    Sec. 4A-101. Persons required to file.   The following 
persons shall file
verified written statements of economic 
interests, as provided in this Article:


        (a) Members of the General Assembly and candidates for 
    nomination or
election to the General Assembly.


        (b) Persons holding an elected office in the Executive 
    Branch of this
State, and candidates for nomination or 
    election to these offices.


        (c) Members of a Commission or Board created by the 
    Illinois Constitution,
and candidates for nomination or 
    election to such Commission or Board.


        (d) Persons whose appointment to office is subject to 
    confirmation by
the Senate.


        (e) Holders of, and candidates for nomination or 
    election to, the office
of judge or associate judge of the 
    Circuit Court and the office of judge of
the Appellate or 
    Supreme Court.


        (f) Persons who are employed by any branch, agency, 
    authority or board
of the government of this State, 
    including but not limited to, the Illinois
State Toll 
    Highway Authority, the Illinois Housing Development 
    Authority,
the Illinois Community College Board, and 
    institutions under the
jurisdiction of the Board of 
    Trustees
of the University of Illinois, Board of Trustees 
    of Southern Illinois
University, Board of Trustees of 
    Chicago State University,
Board of Trustees of Eastern 
    Illinois University, Board of Trustees of
Governor's State 
    University, Board of Trustees of Illinois State 
    University,
Board of Trustees of Northeastern Illinois 
    University, Board of Trustees of
Northern Illinois 
    University, Board of Trustees of Western Illinois

    University, or Board of Trustees of the Illinois 
    Mathematics and Science
Academy, and are compensated for 
    services as employees and not as
independent contractors 
    and who:


            (1) are, or function as, the head of a department, 
        commission, board,
division, bureau, authority or 
        other administrative unit within the
government of 
        this State, or who exercise similar authority within 
        the
government of this State;


            (2) have direct supervisory authority over, or 
        direct responsibility for
the formulation, 
        negotiation, issuance or execution of contracts 
        entered into
by the State in the amount of $5,000 or 
        more;


            (3) have authority for the issuance or 
        promulgation of rules and
regulations within areas 
        under the authority of the State;


            (4) have authority for the approval of 
        professional licenses;


            (5) have responsibility with respect to the 
        financial inspection
of regulated nongovernmental 
        entities;


            (6) adjudicate, arbitrate, or decide any judicial 
        or administrative
proceeding, or review the 
        adjudication, arbitration or decision of any judicial

        or administrative proceeding within the authority of 
        the State; or


            (7) have supervisory responsibility for 20 or more 
        employees of the
State; or .


            (8) negotiate, assign, authorize, or grant naming 
        rights or sponsorship rights regarding any property or 
        asset of the State, whether real, personal, tangible, 
        or intangible.

        (g) Persons who are elected to office in a unit of 
    local government,
and candidates for nomination or 
    election to that office, including regional

    superintendents of school districts.


        (h) Persons appointed to the governing board of a unit 
    of local
government, or of a special district, and persons 
    appointed to a zoning
board, or zoning board of appeals, or 
    to a regional, county, or municipal
plan commission, or to 
    a board of review of any county, and persons
appointed to 
    the Board of the Metropolitan Pier and Exposition Authority

    and any Trustee appointed under Section 22 of the 
    Metropolitan Pier and
Exposition Authority Act, and 
    persons appointed to a board or commission of
a unit of 
    local government who have authority to authorize the 
    expenditure of
public funds.  This subsection does not apply 
    to members of boards or
commissions who function in an 
    advisory capacity.


        (i) Persons who are employed by a unit of local 
    government and are
compensated for services as employees 
    and not as independent contractors and
who:


            (1) are, or function as, the head of a department, 
        division, bureau,
authority or other administrative 
        unit within the unit of local
government, or who 
        exercise similar authority within the unit of local

        government;


            (2) have direct supervisory authority over, or 
        direct responsibility for
the formulation, 
        negotiation, issuance or execution of contracts 
        entered into
by the unit of local government in the 
        amount of $1,000 or greater;


            (3) have authority to approve licenses
and permits 
        by the unit of local government; this item does not 
        include
employees who function in a ministerial 
        capacity;


            (4) adjudicate, arbitrate, or decide any judicial 
        or administrative
proceeding, or review the 
        adjudication, arbitration or decision of any judicial

        or administrative proceeding within the authority of 
        the unit of local
government;


            (5) have authority to issue or promulgate rules and 
        regulations within
areas under the authority of the 
        unit of local government; or


            (6) have supervisory responsibility for 20 or more 
        employees of the
unit of local government.


        (j) Persons on the Board of Trustees of the Illinois 
    Mathematics and
Science Academy.


        (k) Persons employed by a school district in positions 
    that
require that
person to hold an administrative or a 
    chief school business official
endorsement.


        (l) Special government agents. A "special government 
    agent" is a
person who is directed, retained, designated, 
    appointed, or
employed, with or without compensation, by or 
    on behalf of a
statewide executive branch constitutional 
    officer to make an ex
parte communication under Section 
    5-50 of the State Officials and
Employees Ethics Act or 
    Section 5-165 of the Illinois
Administrative Procedure 
    Act.



    This Section shall not be construed to prevent any unit of 
local government
from enacting financial disclosure 
requirements that mandate
 more information
than required by 
this Act.


(Source: P.A. 93-617, eff. 12-9-03.)

 

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