HB2485 102ND GENERAL ASSEMBLY

LRB102 13300 RJF 18644 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2485

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

5 ILCS 283/15
5 ILCS 420/4A-102	from Ch. 127, par. 604A-102
5 ILCS 420/4A-103	from Ch. 127, par. 604A-103
5 ILCS 430/5-30

Amends the State Officials and Employees Ethics Act. Requires specified disclosures for an officer or employee of the executive or legislative branch or a candidate for an executive or legislative branch office if he or she is an attorney presently licensed to practice law in any state, and that individual or his or her law firm seeks to appear on behalf of a client before any specified Illinois board or State agency. Provides further requirements concerning the disclosure, conflicts of interest, and political contributions. Amends the Public Corruption Profit Forfeiture Act. Provides for the forfeiture of political contributions for a violation of specified provisions of the State Officials and Employees Ethics Act. Amends the Illinois Governmental Ethics Act. Provides for statements of economic interests for certain officers, employees, or candidates for office of the executive or legislative branch.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Public Corruption Profit Forfeiture Act is amended by changing Section 15 as follows:

(5 ILCS 283/15)

Sec. 15. Forfeiture of political contribution. Whenever any person pleads guilty to, or is found guilty of, any offense under subsection (a) of Section 10 of this Act, intentionally violates Section 5-30 of the State Officials and Employees Ethics Act, or is convicted of a violation of any of the following Sections of Title 18 of the United States Code: (i) Section 872 (extortion); (ii) Section 880 (receiving the proceeds of extortion); (iii) Section 201 (bribery); or (iv) Section 874 (kickbacks), in addition to any other penalty imposed by the court, all contributions (as defined by Section 9-1.4 of the Election Code) or other receipts held at the time of forfeiture by a political committee (as defined by Section 9-1.8 of the Election Code), which is controlled by that person, shall be paid to the State within 30 days from the date of the entry of the guilty plea or conviction, or within 30 days after the discovery of an intentional violation of Section 5-30 of the State Officials and Employees Ethics Act. Payments received by the State pursuant to this Section shall be deposited into the General Revenue Fund.

(Source: P.A. 96-1019, eff. 1-1-11.)

Section 10. The Illinois Governmental Ethics Act is amended by changing Sections 4A-102 and 4A-103 as follows:

(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)

Sec. 4A-102. The statement of economic interests required by this Article shall include the economic interests of the person making the statement as provided in this Section. The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement. Campaign receipts shall not be included in this statement.

(a) The following interests shall be listed by all persons required to file:

(1) The name, address and type of practice of any professional organization or individual professional practice in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1200 was derived during the preceding calendar year;

(2) The nature of professional services (other than services rendered to the unit or units of government in relation to which the person is required to file) and the nature of the entity to which they were rendered if fees exceeding $5,000 were received during the preceding calendar year from the entity for professional services rendered by the person making the statement.

(3) The identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized in the preceding calendar year.

(4) The name of any unit of government which has employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.

(5) The name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

(b) The following interests shall also be listed by persons listed in items (a) through (f), item (l), item (n), and item (p) of Section 4A-101:

(1) The name and instrument of ownership in any entity doing business in the State of Illinois, in which an ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends of in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed;

(2) Except for professional service entities, the name of any entity and any position held therein from which income of in excess of $1,200 was derived during the preceding calendar year, if the entity does business in the State of Illinois. No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(3) The identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.

(c) The following interests shall also be listed by persons listed in items (a) through (c) and item (e) of Section 4A-101.5:

(1) The name and instrument of ownership in any entity doing business with a unit of local government in relation to which the person is required to file if the ownership interest of the person filing is greater than $5,000 fair market value as of the date of filing or if dividends in excess of $1,200 were received from the entity during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(2) Except for professional service entities, the name of any entity and any position held therein from which income in excess of $1,200 was derived during the preceding calendar year if the entity does business with a unit of local government in relation to which the person is required to file. No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(3) The name of any entity and the nature of the governmental action requested by any entity which has applied to a unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1,200 were received by the person filing from the entity during the preceding calendar year.

(d) For persons listed in items (a), (b), and (f) of Section 4A-101 only, list any appearance as legal representative of a client before any unit of local government or State agency, including, but not limited to: (1) a formal or informal proceeding involving an elected Assessor; (2) a zoning board, landmarks commission, liquor commission, gaming commission, or any other State, county, or municipal board regarding the same; (3) any board or hearing officer relating to property tax appeals; or (4) any entity awarding procurement contracts involving State funds in excess of $100,000.

A disclosure made under this subsection (d) shall also include: the date of retention by the client; all real parties in interest for the client; whether any fees will be paid on a contingency, flat fee, or hourly basis; and for property tax representations, each address and PIN number associated with the representation. Any legal representation before a unit of local government or State agency under this subsection (d) made by the law firm of a person who holds an equity interest in the law firm and is required to disclose under this subsection (d), or by anyone on behalf of such person, shall be considered that of the person, and shall also be disclosed.

For the purposes of this Section, the unit of local government in relation to which a person required to file under item (e) of Section 4A-101.5 shall be the unit of local government that contributes to the pension fund of which such person is a member of the board.

(Source: P.A. 101-221, eff. 8-9-19.)

(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)

Sec. 4A-103. The statement of economic interests required by this Article to be filed with the Secretary of State shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement and shall contain substantially the following:

STATEMENT OF ECONOMIC INTEREST

(TYPE OR HAND PRINT)

.............................................................

(name)

.............................................................

(each office or position of employment for which this statement is filed)

.............................................................

(full mailing address)

GENERAL DIRECTIONS:

The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement.

Campaign receipts shall not be included in this statement.

If additional space is needed, please attach supplemental listing.

1. List the name and instrument of ownership in any entity doing business in the State of Illinois, in which the ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument need be listed.

2. List the name, address and type of practice of any professional organization in which the person making the statement was an officer, director, associate, partner or proprietor or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year.

3. List the nature of professional services rendered (other than to the State of Illinois) to each entity from which income exceeding $5,000 was received for professional services rendered during the preceding calendar year by the person making the statement.

.............................................................

.............................................................

4. List the identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized during the preceding calendar year.

.............................................................

.............................................................

5. List the identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying.

6. List the name of any entity doing business in the State of Illinois from which income in excess of $1,200 was derived during the preceding calendar year other than for professional services and the title or description of any position held in that entity. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution nor any debt instrument need be listed.

7. List the name of any unit of government which employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file.

.............................................................

.............................................................

8. List the name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

.............................................................

9. List any appearance as legal representative of a client, including any such appearance by the law firm of the person filing or by anyone on behalf of the person filing, before any unit of local government or State agency, including, but not limited to: (1) a formal or informal proceeding involving an elected Assessor; (2) a zoning board, landmarks commission, liquor commission, gaming commission, or any other State, county, or municipal board regarding the same; (3) any board or hearing officer relating to property tax appeals; or (4) any entity awarding procurement contracts involving State funds in excess of $100,000. Also list: the date of retention by the client; all real parties in interest for the client; whether any fees will be paid on a contingency, flat fee, or hourly basis; and for property tax representations, each address and PIN number associated with the representation.

.

............................................................. VERIFICATION:

"I declare that this statement of economic interests (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of my economic interests as required by the Illinois Governmental Ethics Act. I understand that the penalty for willfully filing a false or incomplete statement shall be a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."

................ .......................................... (date of filing) (signature of person making the statement)

(Source: P.A. 95-173, eff. 1-1-08.)

Section 15. The State Officials and Employees Ethics Act is amended by changing Section 5-30 as follows:

(5 ILCS 430/5-30)

Sec. 5-30. Prohibited offer or promise.

(a) An officer or employee of the executive or legislative branch or a candidate for an executive or legislative branch office may not promise anything of value related to State government, including but not limited to positions in State government, promotions, salary increases, other employment benefits, board or commission appointments, favorable treatment in any official or regulatory matter, the awarding of any public contract, or action or inaction on any legislative or regulatory matter, in consideration for a contribution to a political committee, political party, or other entity that has as one of its purposes the financial support of a candidate for elective office.

(a-5) If an individual subject to the provisions of subsection (a), who is required to file a statement of economic interests under Article 4A of the Illinois Governmental Ethics Act, is an attorney presently licensed to practice law in any state, and that individual, his or her law firm, or anyone on behalf of the individual seeks to appear on behalf of a client before any unit of local government or State agency, including, but not limited to: (1) a formal or informal proceeding involving an elected Assessor; (2) a zoning board, landmarks commission, liquor commission, gaming commission, or any other State, county, or municipal board regarding the same; (3) any board or hearing officer relating to property tax appeals; or (4) any entity awarding procurement contracts involving State funds in excess of $100,000, that individual shall disclose the representation on his or her statement of economic interests. The disclosure shall occur within 10 days after the representation's commencement, but in no event may be filed any later than 48 hours after an appearance is made before any of the entities listed in items (1) through (4).

Notwithstanding any other provision of law to the contrary, a disclosure made under this subsection (a-5) must include: the date the individual, or his or her firm, was retained by the client; all real parties in interest for the client; whether any fees will be paid on a contingency, flat fee, or hourly basis; and for property tax representations, each address and PIN number associated with the representation. The individual also must secure a written opinion from the Legislative Inspector General that the representation will not create a conflict of interest. If the opinion does not issue until after the representation has begun, and the Legislative Inspector General determines that a conflict exists, all funds secured by the representation shall be returned to the client.

From the date the representation becomes known to the individual attorney, and for a period of 180 days thereafter, the individual attorney may not donate to, direct donations to, campaign for, or otherwise make any contribution to a political committee, political party, or other entity that has as one of its purposes the financial support of a candidate for elective office who qualifies as an individual with membership in any of the categories set forth in items (1) through (4).

(b) Any State employee who is requested or directed by an officer, member, or employee of the executive or legislative branch or a candidate for an executive or legislative branch office to engage in activity prohibited by subsection (a) Section 5-30 shall report such request or directive to the appropriate ethics officer or Inspector General.

(c) Nothing in this Section prevents the making or accepting of voluntary contributions otherwise in accordance with law.

(Source: P.A. 96-555, eff. 8-18-09.)