SB2142sam001 95TH GENERAL ASSEMBLY

Sen. Dave Syverson

Filed: 4/10/2008

09500SB2142sam001 LRB095 19158 LCT 49404 a

AMENDMENT TO SENATE BILL 2142

AMENDMENT NO. ______. Amend Senate Bill 2142 by replacing the title with the following:

"AN ACT concerning State fiscal matters."; and

by replacing everything after the enacting clause with the following:

"Section 5. The Pension Impact Note Act is amended by changing Section 2 as follows:

(25 ILCS 55/2) (from Ch. 63, par. 42.42)

Sec. 2. Pension impact notes. The Commission on Government Forecasting and Accountability, hereafter in this Act referred to as the "Commission", shall prepare a written pension system impact note in relation to any bill introduced in either house of the General Assembly which proposes to amend, revise, or add to any provision of the Illinois Pension Code or the State Pension Funds Continuing Appropriation Act. Upon the introduction of any such bill, the Clerk of the House or the Secretary of the Senate shall forward the bill to the Commission, which shall prepare such a note within 7 calendar days after receiving the request. The bill shall be held on second reading until the note has been received.

The note on any bill altering the basis on which the State's contributions to any retirement system created under the Illinois Pension Code is made shall include actuarial, long-term projections comparing year-by-year contributions to the system through fiscal year 2045 with those under the proposed changes in the bill.

Copies of each pension impact note shall be furnished by the Commission to the presiding officer of each house, the minority leader of each house, the Clerk of the House of Representatives, the Secretary of the Senate, the sponsor of the bill which is the subject of the note, the member, if any, who initiated the request for the note, the Chairman of the House Committee on Personnel and Pensions, and the Chairman of the Senate Committee on Insurance, Pensions and Licensed Activities.

(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)

Section 10. The Criminal Code of 1961 is amended by changing Section 33-3 as follows:

(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

Sec. 33-3. Official Misconduct.) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts:

(a) Intentionally or recklessly fails to perform any mandatory duty as required by law; or

(b) Knowingly performs an act which he knows he is forbidden by law to perform; or

(c) With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or

(d) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law; or .

(e) Intentionally or recklessly as Governor introduces a budget in the General Assembly or makes any proposal which represents gubernatorial financial irresponsibility. For the purposes of this paragraph (e), "gubernatorial financial irresponsibility" means a budget or separate proposal made by the Governor, or implementation by an agency under the Governor without specific legislative approval of any proposal, which (i) expands or creates State government programs or services without an identified revenue source sufficient to fully fund the costs of such expanded or new programs or services; (ii) materially increases costs to the State beyond the next fiscal year (including but not limited to pension and bond debt payments), without an identified revenue source sufficient to fully fund the long-term costs; or (iii) includes a funding or financing plan which would not meet generally accepted prudent business or financing practices in the private sector. The identified and previously enacted revenue source shall not exceed the revenue estimated for such source by the Governor's Office of Management and Budget, with detailed estimates provided as an addendum to any budget or proposal proposed by the Governor; or

(f) Intentionally or recklessly as a legislator votes to approve legislation which represents legislative financial irresponsibility. For the purposes of this paragraph (f), "legislative financial irresponsibility" means an appropriation bill or substantive legislation which (i) expands or creates State government programs or services without an identified and previously enacted revenue source sufficient to fully fund the cost of such expanded or new programs or services; (ii) materially increases costs to the State beyond the next fiscal year (including but not limited to pension and bond debt payments), without an identified and previously enacted revenue source sufficient to fully fund the long-term costs; or (iii) includes a funding or financing plan which would not meet generally accepted prudent business or financing practices in the private sector. The identified and previously enacted revenue source shall not exceed the revenue estimated for such source by the Commission on Government Forecasting and Accountability, in the amount required in the Commission's judgment to fully fund the legislation and all other such legislation previously enacted.

A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony. In addition, any elected State official who is convicted of violating paragraph (e) or (f) of this Section and who is entitled to a State-funded pension shall be liable for damages, payable to the State, which shall equal the sum of the present value of all State pension payments payable to him or her after his or her forfeiture of office, as calculated by the actuaries for any State pension system for which the official is entitled to a pension. In addition, any elected State official who is convicted of violating paragraph (e) or (f) of this Section shall be liable for damages, payable to the State, for the costs of attorneys' fees and time, and related court costs, incurred by the State or local officials prosecuting the violation.

For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act.

(Source: P.A. 94-338, eff. 1-1-06.)".