SB0227 95TH GENERAL ASSEMBLY

LRB095 08233 JAM 28404 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0227

Introduced 2/7/2007, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

5 ILCS 430/70-5
10 ILCS 5/9-25.1	from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104

Amends the State Officials and Employees Ethics Act and the Election Code. Provides that communication to the public by the corporate authorities of a unit of local government or school district explaining a decision to place a public question on the ballot or explaining support of or opposition to a public question does not constitute a prohibited political activity or election interference. Requires that the corporate authorities in the communication specify how the referendum will directly affect residents' health, safety, or welfare or the unit's or district's government or affairs. Effective immediately.

A BILL FOR

AN ACT concerning referenda.

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

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 70-5 as follows:

(5 ILCS 430/70-5)

Sec. 70-5. Adoption by governmental entities.

(a) Within 6 months after the effective date of this Act, each governmental entity shall adopt an ordinance or resolution that regulates, in a manner no less restrictive than Section 5-15 and Article 10 of this Act, (i) the political activities of officers and employees of the governmental entity and (ii) the soliciting and accepting of gifts by and the offering and making of gifts to officers and employees of the governmental entity.

Nothing in a governmental entity's regulation of political activities shall prohibit the governmental entity's corporate authorities from communicating to the public (1) the reasoning for the corporate authorities' decision to place a referendum question on an upcoming election ballot, even if that communication supports the referendum question or otherwise may constitute a prohibited political activity, or (2) the reasons why the corporate authorities support or oppose a referendum question on an upcoming election ballot (regardless of how that question was placed on the ballot), even if that communication supports or opposes the referendum question or may otherwise constitute a prohibited political activity. In any such communication, however, the corporate authorities must specify how they believe the referendum question directly affects the health, safety, or welfare of the residents of the governmental entity or otherwise pertains to the governmental entity's government and affairs.

The exemptions from prohibited political activities provided by this subsection shall apply only to communications with respect to referendum questions and not to communications with respect to candidates for any public office.

(b) Within 3 months after the effective date of this amendatory Act of the 93rd General Assembly, the Attorney General shall develop model ordinances and resolutions for the purpose of this Article. The Attorney General shall advise governmental entities on their contents and adoption.

(c) As used in this Article, (i) an "officer" means an elected or appointed official; regardless of whether the official is compensated, and (ii) an "employee" means a full-time, part-time, or contractual employee.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

Section 10. The Election Code is amended by changing Section 9-25.1 as follows:

(10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.

46, pars. 102, 103 and 104)

Sec. 9-25.1. Election interference.

(a) As used in this Section, "public funds" means any funds appropriated by the Illinois General Assembly or by any political subdivision of the State of Illinois.

(b) No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization. This Section shall not prohibit the use of public funds for dissemination of factual information relative to any proposition appearing on an election ballot, or for dissemination of information and arguments published and distributed under law in connection with a proposition to amend the Constitution of the State of Illinois.

(b-5) Nothing in this Section prohibits the corporate authorities of a unit of local government or a school district from communicating to the public (1) the reasoning for the corporate authorities' decision to place a proposition on an upcoming election ballot, even if that communication supports the proposition or otherwise may violate this Section, or (2) the reasons why the corporate authorities support or oppose a proposition on an upcoming election ballot (regardless of how that proposition was placed on the ballot), even if that communication supports or opposes the referendum question or may otherwise violate this Section. In any such communication, however, the corporate authorities must specify how they believe the proposition directly affects the health, safety, or welfare of the residents of the unit or district or otherwise pertains to the unit's or district's government and affairs.

This subsection applies only to communications with respect to propositions and not to communications with respect to candidates for any public office.

(c) The first time any person violates any provision of this Section, that person shall be guilty of a Class B misdemeanor. Upon the second or any subsequent violation of any provision of this Section, the person violating any provision of this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 87-1052.)

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