93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2683

 

Introduced 2/4/2004, by Dan Cronin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/4A-101   from Ch. 127, par. 604A-101

    Amends the Illinois Governmental Ethics Act. Adds to the list of State employees who must file statements of economic interests those who negotiate, assign, authorize, or grant naming or sponsorship rights to State property or assets. Effective immediately.


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A BILL FOR

 

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1     AN ACT concerning ethics.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Governmental Ethics Act is amended
5 by changing Section 4A-101 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:
10         (a) Members of the General Assembly and candidates for
11     nomination or election to the General Assembly.
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.
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.
18         (d) Persons whose appointment to office is subject to
19     confirmation by the Senate.
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.
24         (f) Persons who are employed by any branch, agency,
25     authority or board of the government of this State,
26     including but not limited to, the Illinois State Toll
27     Highway Authority, the Illinois Housing Development
28     Authority, the Illinois Community College Board, and
29     institutions under the jurisdiction of the Board of
30     Trustees of the University of Illinois, Board of Trustees
31     of Southern Illinois University, Board of Trustees of
32     Chicago State University, Board of Trustees of Eastern

 

 

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1     Illinois University, Board of Trustees of Governor's State
2     University, Board of Trustees of Illinois State
3     University, Board of Trustees of Northeastern Illinois
4     University, Board of Trustees of Northern Illinois
5     University, Board of Trustees of Western Illinois
6     University, or Board of Trustees of the Illinois
7     Mathematics and Science Academy, and are compensated for
8     services as employees and not as independent contractors
9     and who:
10             (1) are, or function as, the head of a department,
11         commission, board, division, bureau, authority or
12         other administrative unit within the government of
13         this State, or who exercise similar authority within
14         the government of this State;
15             (2) have direct supervisory authority over, or
16         direct responsibility for the formulation,
17         negotiation, issuance or execution of contracts
18         entered into by the State in the amount of $5,000 or
19         more;
20             (3) have authority for the issuance or
21         promulgation of rules and regulations within areas
22         under the authority of the State;
23             (4) have authority for the approval of
24         professional licenses;
25             (5) have responsibility with respect to the
26         financial inspection of regulated nongovernmental
27         entities;
28             (6) adjudicate, arbitrate, or decide any judicial
29         or administrative proceeding, or review the
30         adjudication, arbitration or decision of any judicial
31         or administrative proceeding within the authority of
32         the State; or
33             (7) have supervisory responsibility for 20 or more
34         employees of the State; or .
35             (8) negotiate, assign, authorize, or grant naming
36         rights or sponsorship rights regarding any property or

 

 

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1         asset of the State, whether real, personal, tangible,
2         or intangible.
3         (g) Persons who are elected to office in a unit of
4     local government, and candidates for nomination or
5     election to that office, including regional
6     superintendents of school districts.
7         (h) Persons appointed to the governing board of a unit
8     of local government, or of a special district, and persons
9     appointed to a zoning board, or zoning board of appeals, or
10     to a regional, county, or municipal plan commission, or to
11     a board of review of any county, and persons appointed to
12     the Board of the Metropolitan Pier and Exposition Authority
13     and any Trustee appointed under Section 22 of the
14     Metropolitan Pier and Exposition Authority Act, and
15     persons appointed to a board or commission of a unit of
16     local government who have authority to authorize the
17     expenditure of public funds. This subsection does not apply
18     to members of boards or commissions who function in an
19     advisory capacity.
20         (i) Persons who are employed by a unit of local
21     government and are compensated for services as employees
22     and not as independent contractors and who:
23             (1) are, or function as, the head of a department,
24         division, bureau, authority or other administrative
25         unit within the unit of local government, or who
26         exercise similar authority within the unit of local
27         government;
28             (2) have direct supervisory authority over, or
29         direct responsibility for the formulation,
30         negotiation, issuance or execution of contracts
31         entered into by the unit of local government in the
32         amount of $1,000 or greater;
33             (3) have authority to approve licenses and permits
34         by the unit of local government; this item does not
35         include employees who function in a ministerial
36         capacity;

 

 

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1             (4) adjudicate, arbitrate, or decide any judicial
2         or administrative proceeding, or review the
3         adjudication, arbitration or decision of any judicial
4         or administrative proceeding within the authority of
5         the unit of local government;
6             (5) have authority to issue or promulgate rules and
7         regulations within areas under the authority of the
8         unit of local government; or
9             (6) have supervisory responsibility for 20 or more
10         employees of the unit of local government.
11         (j) Persons on the Board of Trustees of the Illinois
12     Mathematics and Science Academy.
13         (k) Persons employed by a school district in positions
14     that require that person to hold an administrative or a
15     chief school business official endorsement.
16         (l) Special government agents. A "special government
17     agent" is a person who is directed, retained, designated,
18     appointed, or employed, with or without compensation, by or
19     on behalf of a statewide executive branch constitutional
20     officer to make an ex parte communication under Section
21     5-50 of the State Officials and Employees Ethics Act or
22     Section 5-165 of the Illinois Administrative Procedure
23     Act.
24     This Section shall not be construed to prevent any unit of
25 local government from enacting financial disclosure
26 requirements that mandate more information than required by
27 this Act.
28 (Source: P.A. 93-617, eff. 12-9-03.)
 
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.