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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||||||||||||||||||||||||||||
5 | by changing Sections 4A-101, 4A-105, and 4A-107 as follows: | ||||||||||||||||||||||||||||||||
6 | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | ||||||||||||||||||||||||||||||||
7 | Sec. 4A-101. Persons required to file. The following | ||||||||||||||||||||||||||||||||
8 | persons shall file
verified written statements of economic | ||||||||||||||||||||||||||||||||
9 | interests, as provided in this Article:
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10 | (a) Members of the General Assembly and candidates for | ||||||||||||||||||||||||||||||||
11 | nomination or
election to the General Assembly.
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12 | (b) Persons holding an elected office in the Executive | ||||||||||||||||||||||||||||||||
13 | Branch of this
State, and candidates for nomination or | ||||||||||||||||||||||||||||||||
14 | election to these offices.
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15 | (c) Members of a Commission or Board created by the | ||||||||||||||||||||||||||||||||
16 | Illinois Constitution,
and candidates for nomination or | ||||||||||||||||||||||||||||||||
17 | election to such Commission or Board.
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18 | (d) Persons whose appointment to office is subject to | ||||||||||||||||||||||||||||||||
19 | confirmation by
the Senate.
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20 | (e) Holders of, and candidates for nomination or | ||||||||||||||||||||||||||||||||
21 | election to, the office
of judge or associate judge of the | ||||||||||||||||||||||||||||||||
22 | Circuit Court and the office of judge of
the Appellate or | ||||||||||||||||||||||||||||||||
23 | Supreme Court.
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1 | (f) Persons who are employed by any branch, agency, | ||||||
2 | authority or board
of the government of this State, | ||||||
3 | including but not limited to, the Illinois
State Toll | ||||||
4 | Highway Authority, the Illinois Housing Development | ||||||
5 | Authority,
the Illinois Community College Board, and | ||||||
6 | institutions under the
jurisdiction of the Board of | ||||||
7 | Trustees
of the University of Illinois, Board of Trustees | ||||||
8 | of Southern Illinois
University, Board of Trustees of | ||||||
9 | Chicago State University,
Board of Trustees of Eastern | ||||||
10 | Illinois University, Board of Trustees of
Governor's State | ||||||
11 | University, Board of Trustees of Illinois State | ||||||
12 | University,
Board of Trustees of Northeastern Illinois | ||||||
13 | University, Board of Trustees of
Northern Illinois | ||||||
14 | University, Board of Trustees of Western Illinois
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15 | University, or Board of Trustees of the Illinois | ||||||
16 | Mathematics and Science
Academy, and are compensated for | ||||||
17 | services as employees and not as
independent contractors | ||||||
18 | and who:
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19 | (1) are, or function as, the head of a department, | ||||||
20 | commission, board,
division, bureau, authority or | ||||||
21 | other administrative unit within the
government of | ||||||
22 | this State, or who exercise similar authority within | ||||||
23 | the
government of this State;
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24 | (2) have direct supervisory authority over, or | ||||||
25 | direct responsibility for
the formulation, | ||||||
26 | negotiation, issuance or execution of contracts |
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1 | entered into
by the State in the amount of $5,000 or | ||||||
2 | more;
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3 | (3) have authority for the issuance or | ||||||
4 | promulgation of rules and
regulations within areas | ||||||
5 | under the authority of the State;
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6 | (4) have authority for the approval of | ||||||
7 | professional licenses;
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8 | (5) have responsibility with respect to the | ||||||
9 | financial inspection
of regulated nongovernmental | ||||||
10 | entities;
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11 | (6) adjudicate, arbitrate, or decide any judicial | ||||||
12 | or administrative
proceeding, or review the | ||||||
13 | adjudication, arbitration or decision of any judicial
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14 | or administrative proceeding within the authority of | ||||||
15 | the State;
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16 | (7) have supervisory responsibility for 20 or more | ||||||
17 | employees of the
State; or
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18 | (8) negotiate, assign, authorize, or grant naming | ||||||
19 | rights or sponsorship rights regarding any property or | ||||||
20 | asset of the State, whether real, personal, tangible, | ||||||
21 | or intangible.
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22 | (g) Persons who are elected to office in a unit of | ||||||
23 | local government,
and candidates for nomination or | ||||||
24 | election to that office, including regional
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25 | superintendents of school districts.
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26 | (h) Persons appointed to the governing board of a unit |
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1 | of local
government, or of a special district, and persons | ||||||
2 | appointed to a zoning
board, or zoning board of appeals, or | ||||||
3 | to a regional, county, or municipal
plan commission, or to | ||||||
4 | a board of review of any county, and persons
appointed to | ||||||
5 | the Board of the Metropolitan Pier and Exposition Authority
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6 | and any Trustee appointed under Section 22 of the | ||||||
7 | Metropolitan Pier and
Exposition Authority Act, and | ||||||
8 | persons appointed to a board or commission of
a unit of | ||||||
9 | local government who have authority to authorize the | ||||||
10 | expenditure of
public funds. This subsection does not apply | ||||||
11 | to members of boards or
commissions who function in an | ||||||
12 | advisory capacity.
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13 | (i) Persons who are employed by a unit of local | ||||||
14 | government and are
compensated for services as employees | ||||||
15 | and not as independent contractors and
who:
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16 | (1) are, or function as, the head of a department, | ||||||
17 | division, bureau,
authority or other administrative | ||||||
18 | unit within the unit of local
government, or who | ||||||
19 | exercise similar authority within the unit of local
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20 | government;
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21 | (2) have direct supervisory authority over, or | ||||||
22 | direct responsibility for
the formulation, | ||||||
23 | negotiation, issuance or execution of contracts | ||||||
24 | entered into
by the unit of local government in the | ||||||
25 | amount of $1,000 or greater;
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26 | (3) have authority to approve licenses
and permits |
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1 | by the unit of local government; this item does not | ||||||
2 | include
employees who function in a ministerial | ||||||
3 | capacity;
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4 | (4) adjudicate, arbitrate, or decide any judicial | ||||||
5 | or administrative
proceeding, or review the | ||||||
6 | adjudication, arbitration or decision of any judicial
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7 | or administrative proceeding within the authority of | ||||||
8 | the unit of local
government;
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9 | (5) have authority to issue or promulgate rules and | ||||||
10 | regulations within
areas under the authority of the | ||||||
11 | unit of local government; or
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12 | (6) have supervisory responsibility for 20 or more | ||||||
13 | employees of the
unit of local government.
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14 | (j) Persons on the Board of Trustees of the Illinois | ||||||
15 | Mathematics and
Science Academy.
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16 | (k) Persons employed by a school district in positions | ||||||
17 | that
require that
person to hold an administrative or a | ||||||
18 | chief school business official
endorsement.
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19 | (l) Special government agents. A "special government | ||||||
20 | agent" is a
person who is directed, retained, designated, | ||||||
21 | appointed, or
employed, with or without compensation, by or | ||||||
22 | on behalf of a
statewide executive branch constitutional | ||||||
23 | officer to make , or cause to be made, an ex
parte | ||||||
24 | communication under Section 5-50 of the State Officials and
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25 | Employees Ethics Act or Section 5-165 of the Illinois
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26 | Administrative Procedure Act.
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1 | (m) Members of the board of commissioners of any flood | ||||||
2 | prevention district. | ||||||
3 | This Section shall not be construed to prevent any unit of | ||||||
4 | local government
from enacting financial disclosure | ||||||
5 | requirements that mandate
more information
than required by | ||||||
6 | this Act.
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7 | (Source: P.A. 95-719, eff. 5-21-08.)
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8 | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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9 | Sec. 4A-105. Time for filing. Except as provided in | ||||||
10 | Section 4A-106.1, by
May 1 of each year a statement must be | ||||||
11 | filed by each person
whose position at that time subjects him | ||||||
12 | to the filing requirements of Section
4A-101 unless he has | ||||||
13 | already filed a statement in relation to the same unit of
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14 | government in that calendar year.
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15 | Statements must also be filed as follows:
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16 | (a) A candidate for elective office shall file his | ||||||
17 | statement not later
than the end of the period during which | ||||||
18 | he can take the action necessary
under the laws of this | ||||||
19 | State to attempt to qualify for nomination, election, or
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20 | retention to such office if he has not filed a statement in | ||||||
21 | relation to the
same unit of government within a year | ||||||
22 | preceding such action.
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23 | (b) A person whose appointment to office is subject to | ||||||
24 | confirmation by
the Senate shall file his statement at the | ||||||
25 | time his name is submitted to
the Senate for confirmation.
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1 | (b-5) A special government agent, as defined in
item | ||||||
2 | (1) of Section 4A-101 of this Act, shall file a statement | ||||||
3 | before within 30 days
after
making the first ex parte | ||||||
4 | communication and each May 1 thereafter if he or she
has | ||||||
5 | made an ex parte communication within the previous 12 | ||||||
6 | months.
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7 | (c) Any other person required by this Article to file | ||||||
8 | the statement
shall file a statement at the time of his or | ||||||
9 | her initial appointment or
employment in relation to that | ||||||
10 | unit of government if appointed or employed by
May 1.
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11 | If any person who is required to file a statement of | ||||||
12 | economic interests
fails to file such statement by May 1 of any | ||||||
13 | year, the officer with whom
such statement is to be filed under | ||||||
14 | Section 4A-106 of this Act shall,
within 7 days after May 1, | ||||||
15 | notify such person by certified mail of his or
her failure to | ||||||
16 | file by the specified date. Except as may be prescribed by
rule | ||||||
17 | of the Secretary of State, such person shall file his or
her | ||||||
18 | statement of economic interests on or before May 15 with the
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19 | appropriate officer, together with a $15 late filing fee. Any | ||||||
20 | such person
who fails to file by May 15 shall be subject to a | ||||||
21 | penalty of $100 for each
day from May 16 to the date of filing, | ||||||
22 | which shall be in addition to the $15
late filing fee specified | ||||||
23 | above. Failure to file by May 31 shall result in a
forfeiture | ||||||
24 | in accordance with Section 4A-107 of this Act.
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25 | Any person who takes office or otherwise becomes required | ||||||
26 | to file a
statement of economic interests within 30 days prior |
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1 | to May 1 of any year
may file his or her statement at any time | ||||||
2 | on or before May 31 without
penalty. If such person fails to | ||||||
3 | file such statement by May 31, the
officer with whom such | ||||||
4 | statement is to be filed under Section 4A-106 of
this Act | ||||||
5 | shall, within 7 days after May 31, notify such person by | ||||||
6 | certified
mail of his or her failure to file by the specified | ||||||
7 | date. Such person
shall file his or her statement of economic | ||||||
8 | interests on or before June 15 with
the appropriate officer, | ||||||
9 | together with a $15 late filing fee. Any such
person who fails | ||||||
10 | to file by June 15 shall be subject to a penalty of $100
per day | ||||||
11 | for each day from June 16 to the date of filing, which shall be | ||||||
12 | in
addition to the $15 late filing fee specified above. Failure | ||||||
13 | to file by June
30 shall result in a forfeiture in accordance | ||||||
14 | with Section 4A-107 of this Act.
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15 | All late filing fees and penalties collected pursuant to | ||||||
16 | this Section
shall be paid into the General Revenue Fund in the | ||||||
17 | State treasury, if the
Secretary of State receives such | ||||||
18 | statement for filing, or into the general
fund in the county | ||||||
19 | treasury, if the county clerk receives such statement
for | ||||||
20 | filing. The Attorney General, with respect to the State, and | ||||||
21 | the
several State's Attorneys, with respect to counties, shall | ||||||
22 | take appropriate
action to collect the prescribed penalties.
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23 | Failure to file a statement of economic interests within | ||||||
24 | the time
prescribed shall not result in a fine or ineligibility | ||||||
25 | for, or forfeiture of,
office or position of employment, as the | ||||||
26 | case may be; provided that the failure
to file results from not |
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1 | being included for notification by the appropriate
agency, | ||||||
2 | clerk, secretary, officer or unit of government, as the case | ||||||
3 | may be,
and that a statement is filed within 30 days of actual | ||||||
4 | notice of the failure to
file.
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5 | (Source: P.A. 93-617, eff. 12-9-03.)
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6 | (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
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7 | Sec. 4A-107. Any person required to file a statement of | ||||||
8 | economic interests
under this Article who willfully files a | ||||||
9 | false or incomplete statement shall be
guilty of a Class A | ||||||
10 | misdemeanor.
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11 | Failure to file a statement within the time prescribed | ||||||
12 | shall result in
ineligibility for, or forfeiture of, office or | ||||||
13 | position of employment, as
the case may be; provided, however, | ||||||
14 | that if the notice of failure to
file a statement of economic | ||||||
15 | interests provided in Section 4A-105 of this
Act is not given | ||||||
16 | by the Secretary of State or the county clerk, as the case
may | ||||||
17 | be, no forfeiture shall result if a statement is filed within | ||||||
18 | 30 days
of actual notice of the failure to file. In addition, | ||||||
19 | in the case of a special government agent as defined in Section | ||||||
20 | 4A-101(l), failure to file shall result in a Class 4 felony.
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21 | The Attorney General, with respect to offices or positions | ||||||
22 | described in
items (a) through (f) and items (j) and (l) of | ||||||
23 | Section 4A-101 of this
Act, or the State's
Attorney of the | ||||||
24 | county of the entity for which the filing of statements of
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25 | economic interests is required, with respect to offices or |
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1 | positions
described in items (g) through (i) and item (k) of
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2 | Section
4A-101 of this Act,
shall bring an action in quo | ||||||
3 | warranto against any person who has failed to file
by either | ||||||
4 | May 31 or June 30 of any given year.
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5 | (Source: P.A. 93-617, eff. 12-9-03.)
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6 | Section 10. The Lobbyist Registration Act is amended by | ||||||
7 | adding Sections 4.5 and 11.3 as follows: | ||||||
8 | (25 ILCS 170/4.5 new)
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9 | Sec. 4.5. Special government agent. A special government | ||||||
10 | agent is ineligible to register under this Act. | ||||||
11 | It is a violation of this Act for a special government | ||||||
12 | agent to engage in activities for which this Act requires | ||||||
13 | registration. | ||||||
14 | It is a violation of this Act for a person registered or | ||||||
15 | required to register under this Act to act as a special | ||||||
16 | government agent. | ||||||
17 | "Special government agent" means a person required by item | ||||||
18 | (l) of Section 4A-101 of the Illinois Governmental Ethics Act | ||||||
19 | to file a statement of economic interests. | ||||||
20 | (25 ILCS 170/11.3 new) | ||||||
21 | Sec. 11.3. Compensation from a State agency. It is a | ||||||
22 | violation of this Act for a person registered or required to be | ||||||
23 | registered under this Act to accept or agree to accept |
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1 | compensation from a State agency for the purpose of lobbying | ||||||
2 | legislative action. | ||||||
3 | This Section does not apply to compensation that is a | ||||||
4 | portion of the salary of a full-time employee of a State agency | ||||||
5 | whose responsibility or authority includes, but is not limited | ||||||
6 | to, lobbying executive, legislative, or administrative action. | ||||||
7 | For the purpose of this Section, "State agency" is defined | ||||||
8 | as in the Illinois State Auditing Act.
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