Full Text of SB1879 94th General Assembly
SB1879ham001 94TH GENERAL ASSEMBLY
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Rep. Gary Hannig
Filed: 10/25/2005
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| AMENDMENT TO SENATE BILL 1879
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| AMENDMENT NO. ______. Amend Senate Bill 1879 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 3. The Illinois Governmental Ethics Act is amended | 5 |
| by changing Sections 4A-101, 4A-102, 4A-106, and 4A-107 as | 6 |
| follows: | 7 |
| (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 8 |
| Sec. 4A-101. Persons required to file. The following | 9 |
| persons shall file
verified written statements of economic | 10 |
| interests, as provided in this Article:
| 11 |
| (a) Members of the General Assembly and candidates for | 12 |
| nomination or
election to the General Assembly.
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| (b) Persons holding an elected office in the Executive | 14 |
| Branch of this
State, and candidates for nomination or | 15 |
| election to these offices.
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| (c) Members of a Commission or Board created by the | 17 |
| Illinois Constitution,
and candidates for nomination or | 18 |
| election to such Commission or Board.
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| (d) Persons whose appointment to office is subject to | 20 |
| confirmation by
the Senate.
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| (e) Holders of, and candidates for nomination or | 22 |
| election to, the office
of judge or associate judge of the | 23 |
| Circuit Court and the office of judge of
the Appellate or | 24 |
| Supreme Court.
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| (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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| 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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| (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;
| 24 |
| (2) have direct supervisory authority over, or | 25 |
| direct responsibility for
the formulation, | 26 |
| negotiation, issuance or execution of contracts | 27 |
| entered into
by the State in the amount of $5,000 or | 28 |
| more;
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| (3) have authority for the issuance or | 30 |
| promulgation of rules and
regulations within areas | 31 |
| under the authority of the State;
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| (4) have authority for the approval of | 33 |
| professional licenses;
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| (5) have responsibility with respect to the |
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| financial inspection
of regulated nongovernmental | 2 |
| entities;
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| (6) adjudicate, arbitrate, or decide any judicial | 4 |
| or administrative
proceeding, or review the | 5 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 7 |
| the State;
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| (7) have supervisory responsibility for 20 or more | 9 |
| employees of the
State; or
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| (8) negotiate, assign, authorize, or grant naming | 11 |
| rights or sponsorship rights regarding any property or | 12 |
| asset of the State, whether real, personal, tangible, | 13 |
| or intangible.
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| (g) Persons who are elected to office in a unit of | 15 |
| local government,
and candidates for nomination or | 16 |
| election to that office, including regional
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| superintendents of school districts.
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| (h) Persons appointed to the governing board of a unit | 19 |
| of local
government, or of a special district, and persons | 20 |
| appointed to a zoning
board, or zoning board of appeals, or | 21 |
| to a regional, county, or municipal
plan commission, or to | 22 |
| a board of review of any county, and persons
appointed to | 23 |
| the Board of the Metropolitan Pier and Exposition Authority
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| and any Trustee appointed under Section 22 of the | 25 |
| Metropolitan Pier and
Exposition Authority Act, and | 26 |
| persons appointed to a board or commission of
a unit of | 27 |
| local government who have authority to authorize the | 28 |
| expenditure of
public funds. This subsection does not apply | 29 |
| to members of boards or
commissions who function in an | 30 |
| advisory capacity.
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| (i) Persons who are employed by a unit of local | 32 |
| government and are
compensated for services as employees | 33 |
| and not as independent contractors and
who:
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| (1) are, or function as, the head of a department, |
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| division, bureau,
authority or other administrative | 2 |
| unit within the unit of local
government, or who | 3 |
| exercise similar authority within the unit of local
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| government;
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| (2) have direct supervisory authority over, or | 6 |
| direct responsibility for
the formulation, | 7 |
| negotiation, issuance or execution of contracts | 8 |
| entered into
by the unit of local government in the | 9 |
| amount of $1,000 or greater;
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| (3) have authority to approve licenses
and permits | 11 |
| by the unit of local government; this item does not | 12 |
| include
employees who function in a ministerial | 13 |
| capacity;
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| (4) adjudicate, arbitrate, or decide any judicial | 15 |
| or administrative
proceeding, or review the | 16 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 18 |
| the unit of local
government;
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| (5) have authority to issue or promulgate rules and | 20 |
| regulations within
areas under the authority of the | 21 |
| unit of local government; or
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| (6) have supervisory responsibility for 20 or more | 23 |
| employees of the
unit of local government.
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| (j) Persons on the Board of Trustees of the Illinois | 25 |
| Mathematics and
Science Academy.
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| (k) Persons employed by a school district in positions | 27 |
| that
require that
person to hold an administrative or a | 28 |
| chief school business official
endorsement.
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| (l) Special government agents. A "special government | 30 |
| agent" is a
person who is directed, retained, designated, | 31 |
| appointed, or
employed, with or without compensation, by or | 32 |
| on behalf of a
statewide executive branch constitutional | 33 |
| officer to make an ex
parte communication under Section | 34 |
| 5-50 of the State Officials and
Employees Ethics Act or |
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| Section 5-165 of the Illinois
Administrative Procedure | 2 |
| Act.
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| (m) Members of the board of any pension fund or | 4 |
| retirement system established under Article 2, 14, 15, 16, | 5 |
| or 18 of the Illinois Pension Code and members of the | 6 |
| Illinois State Board of Investment, if not required to file | 7 |
| under any other provision of this Section.
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| (n) Members of the board of any pension fund or | 9 |
| retirement system established under Article 3, 4, 5, 6, 7, | 10 |
| 8, 9, 10, 11, 12, 13, 17, 19, or 22 of the Illinois Pension | 11 |
| Code, if not required to file under any other provision of | 12 |
| this Section.
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| This Section shall not be construed to prevent any unit of | 14 |
| local government
from enacting financial disclosure | 15 |
| requirements that mandate
more information
than required by | 16 |
| this Act.
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| (Source: P.A. 93-617, eff. 12-9-03; 93-816, eff. 7-27-04.)
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| (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
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| Sec. 4A-102. The statement of economic interests required | 20 |
| by this Article
shall include the economic interests of the | 21 |
| person making the statement as
provided in this Section. The | 22 |
| interest (if constructively controlled by the
person making the | 23 |
| statement) of a spouse or any other party, shall be
considered | 24 |
| to be the same as the interest of the person making the
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| statement. Campaign receipts shall not be included in this | 26 |
| statement.
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| (a) The following interests shall be listed by all persons | 28 |
| required to
file:
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| (1) The name, address and type of practice of any | 30 |
| professional
organization or individual professional | 31 |
| practice in which the person making
the statement was an | 32 |
| officer, director, associate, partner or proprietor,
or | 33 |
| served in any advisory capacity, from which income in |
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| excess of $1200
was derived during the preceding calendar | 2 |
| year;
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| (2) The nature of professional services (other than | 4 |
| services rendered to
the unit or units of government in | 5 |
| relation to which the person is required
to file)
and the | 6 |
| nature of the entity to which they were rendered if fees | 7 |
| exceeding
$5,000 were received during the preceding | 8 |
| calendar year from the entity for
professional services | 9 |
| rendered by the person making the statement.
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| (3) The identity (including the address or legal | 11 |
| description of real
estate) of any capital asset from which | 12 |
| a capital gain of $5,000 or more
was realized in the | 13 |
| preceding calendar year.
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| (4) The name of any unit of government which has | 15 |
| employed the person
making the statement during the | 16 |
| preceding calendar year other than the unit
or units of | 17 |
| government in relation to which the person is required to | 18 |
| file.
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| (5) The name of any entity from which a gift or gifts, | 20 |
| or honorarium or
honoraria, valued singly or in the | 21 |
| aggregate in excess of $500, was
received during the | 22 |
| preceding calendar year.
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| (b) The following interests shall also be listed by persons | 24 |
| listed in
items (a) through (f) ,
and item (l) , and item (m) of | 25 |
| Section 4A-101:
| 26 |
| (1) The name and instrument of ownership in any entity | 27 |
| doing business in
the State of Illinois, in which an | 28 |
| ownership interest held by the person at
the date of filing | 29 |
| is in excess of $5,000 fair market value or from which
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| dividends of in excess of $1,200 were derived during the | 31 |
| preceding calendar
year. (In the case of real estate, | 32 |
| location thereof shall be listed by
street address, or if | 33 |
| none, then by legal description). No time or demand
deposit | 34 |
| in a financial institution, nor any debt instrument need be |
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| listed;
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| (2) Except for professional service entities, the name | 3 |
| of any entity and
any position held therein from which | 4 |
| income of in excess of $1,200 was
derived during the | 5 |
| preceding calendar year, if the entity does business in
the | 6 |
| State of Illinois. No time or demand deposit in a financial
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| institution, nor any debt instrument need be listed.
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| (3) The identity of any compensated lobbyist with whom | 9 |
| the person making
the statement maintains a close economic | 10 |
| association, including the name of
the lobbyist and | 11 |
| specifying the legislative matter or matters which are the
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| object of the lobbying activity, and describing the general | 13 |
| type of
economic activity of the client or principal on | 14 |
| whose behalf that person is
lobbying.
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| (c) The following interests shall also be listed by persons | 16 |
| listed in
items (g), (h), and (i) , and (n) of Section 4A-101:
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| (1) The name and instrument of ownership in any entity | 18 |
| doing business
with a unit of local government in relation | 19 |
| to which the person is
required to file if the ownership | 20 |
| interest of the person filing is greater
than $5,000 fair | 21 |
| market value as of the date of filing or if dividends in
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| excess of $1,200 were received from the entity during the | 23 |
| preceding
calendar year. (In the case of real estate, | 24 |
| location thereof shall be
listed by street address, or if | 25 |
| none, then by legal description). No time
or demand deposit | 26 |
| in a financial institution, nor any debt instrument need
be | 27 |
| listed.
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| (2) Except for professional service entities, the name | 29 |
| of any entity and
any position held therein from which | 30 |
| income in excess of $1,200 was derived
during the preceding | 31 |
| calendar year if the entity does business with a
unit of | 32 |
| local government in relation to which the person is | 33 |
| required to
file. No time or demand deposit in a financial | 34 |
| institution, nor any debt
instrument need be listed.
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| (3) The name of any entity and the nature of the | 2 |
| governmental action
requested by any entity which has | 3 |
| applied to a unit of local
government
in relation to which | 4 |
| the person must file for any license, franchise or
permit | 5 |
| for annexation, zoning or rezoning of real estate during | 6 |
| the
preceding calendar year if the ownership interest of | 7 |
| the person filing is
in excess of $5,000 fair market value | 8 |
| at the time of filing or if income or
dividends in excess | 9 |
| of $1,200 were received by the person filing from the
| 10 |
| entity during the preceding calendar year.
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| (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
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| (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106) | 13 |
| Sec. 4A-106. The statements of economic interests required | 14 |
| of persons
listed in items (a) through (f), item (j), an d item | 15 |
| (l) , and item (m) of
Section 4A-101 shall be
filed with the | 16 |
| Secretary of State. The statements of economic interests
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| required of persons listed in items (g), (h), (i), and (k) , and | 18 |
| (n) of
Section
4A-101 shall be filed with the county clerk of | 19 |
| the county in which the
principal office of the unit of local | 20 |
| government with which the person is
associated is located. If | 21 |
| it is not apparent which county the principal office
of a unit | 22 |
| of local government is located, the chief administrative | 23 |
| officer, or
his or her designee, has the authority, for | 24 |
| purposes of this Act, to determine
the county in which the | 25 |
| principal office is located. On or before February 1
annually, | 26 |
| (1) the chief administrative officer of any State agency in the
| 27 |
| executive, legislative, or judicial branch employing persons | 28 |
| required to file
under item (f) or item (l) of Section
4A-101 | 29 |
| and the chief administrative officer of a board described in | 30 |
| item (m) of Section 4A-101 shall certify to the Secretary of | 31 |
| State the names and mailing addresses
of those persons required | 32 |
| to file under those items , and (2) the chief administrative | 33 |
| officer, or his or her
designee, of each unit of local |
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| government with persons described in items (h),
(i) ,
and (k) , | 2 |
| and (n) of Section 4A-101 shall certify to the appropriate | 3 |
| county clerk a
list of names and addresses of persons described | 4 |
| in items (h), (i) ,
and (k) , and (n) of
Section 4A-101 that are | 5 |
| required to file. In preparing the lists, each chief
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| administrative officer, or his or her designee, shall set out | 7 |
| the names in
alphabetical order.
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| On or before April 1 annually, the Secretary of State shall | 9 |
| notify (1)
all persons whose names have been certified to him | 10 |
| under items (f) ,
and (l) , and (m) of
Section 4A-101, and (2) | 11 |
| all persons described in items (a) through (e) and
item (j) of | 12 |
| Section 4A-101, other than candidates for office who have filed
| 13 |
| their statements with their nominating petitions, of the | 14 |
| requirements for
filing statements of economic interests.
A | 15 |
| person required to file with the Secretary of State by virtue | 16 |
| of more than
one item among items (a) through (f) and items | 17 |
| (j) ,
and (l) , and (m)
shall be notified of and is
required
to | 18 |
| file only one statement of economic interests relating to all | 19 |
| items under
which the person is required to file with the | 20 |
| Secretary of State.
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| On or before April 1 annually, the county clerk of each | 22 |
| county shall
notify all persons whose names have been certified | 23 |
| to him under items (g),
(h), (i), and (k) , and (n) of Section | 24 |
| 4A-101, other than candidates
for office who have filed their | 25 |
| statements with their nominating petitions, of
the | 26 |
| requirements for filing statements of economic interests.
A | 27 |
| person required to file with a county clerk by virtue of more | 28 |
| than one item
among items (g), (h), (i), and (k) , and (n) shall | 29 |
| be notified of and is
required to
file only one statement of | 30 |
| economic interests relating to all items under which
the person | 31 |
| is required to file with that county clerk.
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| Except as provided in Section 4A-106.1, the notices | 33 |
| provided for in this
Section shall be in writing and deposited | 34 |
| in
the U.S. Mail, properly addressed, first class postage |
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| prepaid, on or before
the day required by this Section for the | 2 |
| sending of the notice. A certificate
executed by the Secretary | 3 |
| of State or county clerk attesting that he has mailed
the | 4 |
| notice constitutes prima facie evidence thereof.
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| From the lists certified to him under this Section of | 6 |
| persons described in
items (g), (h), (i), and (k) , and (n) of | 7 |
| Section 4A-101, the clerk
of each county shall
compile an | 8 |
| alphabetical listing of persons required to file statements of
| 9 |
| economic interests in his office under any of those items. As | 10 |
| the
statements are filed in his office, the county clerk shall | 11 |
| cause the fact
of that filing to be indicated on the | 12 |
| alphabetical listing of persons who
are required to file | 13 |
| statements. Within 30 days after the due dates, the county
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| clerk shall mail to the State Board of Elections a true copy of | 15 |
| that listing
showing those who have filed statements.
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| The county clerk of each county shall note upon the | 17 |
| alphabetical listing
the names of all persons required to file | 18 |
| a statement of economic interests
who failed to file a | 19 |
| statement on or before May 1. It shall be the duty of
the | 20 |
| several county clerks to give notice as provided in Section | 21 |
| 4A-105 to
any person who has failed to file his or her | 22 |
| statement with the clerk on or
before May 1.
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| Any person who files or has filed a statement of economic | 24 |
| interest
under this Act is entitled to receive from the | 25 |
| Secretary of State or county
clerk, as the case may be, a | 26 |
| receipt indicating that the person has filed
such a statement, | 27 |
| the date of such filing, and the identity of the
governmental | 28 |
| unit or units in relation to which the filing is required.
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| The Secretary of State may employ such employees and | 30 |
| consultants
as he considers necessary to carry out his duties | 31 |
| hereunder, and may
prescribe their duties, fix their | 32 |
| compensation, and provide for
reimbursement of their expenses.
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| All statements of economic interests filed under this | 34 |
| Section shall be
available for examination and copying by the |
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| public at all reasonable times.
Not later than 12 months after | 2 |
| the effective date of this amendatory Act of
the 93rd General | 3 |
| Assembly, beginning with statements filed in calendar year
| 4 |
| 2004, the Secretary of State shall make statements of economic | 5 |
| interests filed
with the Secretary available for inspection and | 6 |
| copying via the Secretary's
website.
| 7 |
| (Source: P.A. 93-617, eff. 12-9-03; 94-603, eff. 8-16-05.)
| 8 |
| (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
| 9 |
| Sec. 4A-107. Any person required to file a statement of | 10 |
| economic interests
under this Article who willfully files a | 11 |
| false or incomplete statement shall be
guilty of a Class A | 12 |
| misdemeanor.
| 13 |
| Failure to file a statement within the time prescribed | 14 |
| shall result in
ineligibility for, or forfeiture of, office or | 15 |
| position of employment, as
the case may be; provided, however, | 16 |
| that if the notice of failure to
file a statement of economic | 17 |
| interests provided in Section 4A-105 of this
Act is not given | 18 |
| by the Secretary of State or the county clerk, as the case
may | 19 |
| be, no forfeiture shall result if a statement is filed within | 20 |
| 30 days
of actual notice of the failure to file.
| 21 |
| The Attorney General, with respect to offices or positions | 22 |
| described in
items (a) through (f) and items (j) ,
and (l) , and | 23 |
| (m) of Section 4A-101 of this
Act, or the State's
Attorney of | 24 |
| the county of the entity for which the filing of statements of
| 25 |
| economic interests is required, with respect to offices or | 26 |
| positions
described in items (g) through (i) ,
and item (k) , and | 27 |
| item (n) of
Section
4A-101 of this Act,
shall bring an action | 28 |
| in quo warranto against any person who has failed to file
by | 29 |
| either May 31 or June 30 of any given year.
| 30 |
| (Source: P.A. 93-617, eff. 12-9-03.)
| 31 |
| Section 5. The State Officials and Employees Ethics Act is | 32 |
| amended by changing Sections 1-5, 5-10, 5-15, 5-20, 5-45, |
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| 10-15, 20-5, 20-23, 20-40, 25-5, 25-10, and 25-23 and by adding | 2 |
| Section 10-15.5 as follows: | 3 |
| (5 ILCS 430/1-5)
| 4 |
| Sec. 1-5. Definitions. As used in this Act:
| 5 |
| "Appointee" means a person appointed to a position in or | 6 |
| with a State
agency, regardless of whether the position is | 7 |
| compensated.
| 8 |
| "Campaign for elective office" means any activity in | 9 |
| furtherance of an
effort to influence the selection, | 10 |
| nomination, election, or appointment of any
individual to any | 11 |
| federal, State, or local public office or office in a
political | 12 |
| organization, or the selection, nomination, or election
of | 13 |
| Presidential or Vice-Presidential electors,
but does not | 14 |
| include
activities (i) relating to the support or opposition of | 15 |
| any executive,
legislative, or administrative action (as those | 16 |
| terms are defined in Section 2
of the Lobbyist Registration | 17 |
| Act), (ii) relating to collective bargaining, or
(iii) that are | 18 |
| otherwise in furtherance of the person's official State duties.
| 19 |
| "Candidate" means a person who has
filed nominating papers | 20 |
| or petitions for nomination or election to an elected
State | 21 |
| office, or who has been appointed to fill a vacancy in | 22 |
| nomination, and
who remains eligible for placement on the | 23 |
| ballot at either a
general primary election or general | 24 |
| election.
| 25 |
| "Collective bargaining" has the same meaning as that term | 26 |
| is defined in
Section 3 of the Illinois Public Labor Relations | 27 |
| Act.
| 28 |
| "Commission" means an ethics commission created by this | 29 |
| Act.
| 30 |
| "Compensated time" means any time worked by or credited to | 31 |
| a State employee
that counts
toward any minimum work time | 32 |
| requirement imposed as a condition of employment
with a State | 33 |
| agency, but does not include any designated State holidays or |
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| any
period when the employee is on a
leave of absence.
| 2 |
| "Compensatory time off" means authorized time off earned by | 3 |
| or awarded to a
State employee to compensate in whole or in | 4 |
| part for time worked in excess of
the minimum work time | 5 |
| required
of that employee as a condition of employment with a | 6 |
| State agency.
| 7 |
| "Contribution" has the same meaning as that term is defined | 8 |
| in Section 9-1.4
of the Election Code.
| 9 |
| "Employee" means (i) any person employed full-time, | 10 |
| part-time, or
pursuant to a contract and whose employment | 11 |
| duties are subject to the direction
and
control of an employer | 12 |
| with regard to the material details of how the work is
to be | 13 |
| performed ,
or (ii) any appointed or elected commissioner, | 14 |
| trustee, director, or board member of a board of a State | 15 |
| agency, or (iii) any other appointee.
| 16 |
| "Executive branch constitutional officer" means the | 17 |
| Governor, Lieutenant
Governor, Attorney General, Secretary of | 18 |
| State, Comptroller, and Treasurer.
| 19 |
| "Gift" means any gratuity, discount, entertainment, | 20 |
| hospitality, loan,
forbearance, or other tangible or | 21 |
| intangible item having monetary value
including, but not
| 22 |
| limited to, cash, food and drink, and honoraria for speaking | 23 |
| engagements
related to or attributable to government | 24 |
| employment or the official position of
an
employee, member, or | 25 |
| officer.
| 26 |
| "Governmental entity" means a unit of local government or a | 27 |
| school
district but not a State
agency.
| 28 |
| "Leave of absence" means any period during which a State | 29 |
| employee does not
receive (i) compensation for State | 30 |
| employment, (ii) service credit towards
State pension | 31 |
| benefits, and (iii) health insurance benefits paid for by the
| 32 |
| State.
| 33 |
| "Legislative branch constitutional officer" means a member | 34 |
| of the General
Assembly and the Auditor General.
|
|
|
|
09400SB1879ham001 |
- 14 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| "Legislative leader" means the President and Minority | 2 |
| Leader of the Senate
and the Speaker and Minority Leader of the | 3 |
| House of Representatives.
| 4 |
| "Member" means a member of the General Assembly.
| 5 |
| "Officer" means an executive branch constitutional officer
| 6 |
| or a
legislative branch constitutional officer.
| 7 |
| "Political" means any activity in support
of or in | 8 |
| connection with any campaign for elective office or any | 9 |
| political
organization, but does not include activities (i) | 10 |
| relating to the support or
opposition of any executive, | 11 |
| legislative, or administrative action (as those
terms are | 12 |
| defined in Section 2 of the Lobbyist Registration Act), (ii) | 13 |
| relating
to collective bargaining, or (iii) that are
otherwise
| 14 |
| in furtherance of the person's official
State duties or | 15 |
| governmental and public service functions.
| 16 |
| "Political organization" means a party, committee, | 17 |
| association, fund, or
other organization (whether or not | 18 |
| incorporated) that is required to file a
statement of | 19 |
| organization with the State Board of Elections or a county | 20 |
| clerk
under Section 9-3 of the Election Code, but only with | 21 |
| regard to those
activities that require filing with the State | 22 |
| Board of Elections or a county
clerk.
| 23 |
| "Prohibited political activity" means:
| 24 |
| (1) Preparing for, organizing, or participating in any
| 25 |
| political meeting, political rally, political | 26 |
| demonstration, or other political
event.
| 27 |
| (2) Soliciting contributions, including but not | 28 |
| limited to the purchase
of, selling, distributing, or | 29 |
| receiving
payment for tickets for any political | 30 |
| fundraiser,
political meeting, or other political event.
| 31 |
| (3) Soliciting, planning the solicitation of, or | 32 |
| preparing any document or
report regarding any thing of | 33 |
| value intended as a campaign contribution.
| 34 |
| (4) Planning, conducting, or participating in a public |
|
|
|
09400SB1879ham001 |
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LRB094 09182 JAM 49948 a |
|
| 1 |
| opinion
poll in connection with a campaign for elective | 2 |
| office or on behalf of a
political organization for | 3 |
| political purposes or for or against any referendum
| 4 |
| question.
| 5 |
| (5) Surveying or gathering information from potential | 6 |
| or actual
voters in an election to determine probable vote | 7 |
| outcome in connection with a
campaign for elective office | 8 |
| or on behalf of a political organization for
political | 9 |
| purposes or for or against any referendum question.
| 10 |
| (6) Assisting at the polls on election day on behalf of | 11 |
| any
political organization or candidate for elective | 12 |
| office or for or against any
referendum
question.
| 13 |
| (7) Soliciting votes on behalf of a candidate for | 14 |
| elective office or a
political organization or for or | 15 |
| against any referendum question or helping in
an effort to | 16 |
| get voters
to the polls.
| 17 |
| (8) Initiating for circulation, preparing, | 18 |
| circulating, reviewing, or
filing any petition on
behalf of | 19 |
| a candidate for elective office or for or against any | 20 |
| referendum
question.
| 21 |
| (9) Making contributions on behalf
of any candidate for | 22 |
| elective office in that capacity or in connection with a
| 23 |
| campaign for elective office.
| 24 |
| (10) Preparing or reviewing responses to candidate | 25 |
| questionnaires in
connection with a campaign for elective | 26 |
| office or on behalf of a political
organization for | 27 |
| political purposes.
| 28 |
| (11) Distributing, preparing for distribution, or | 29 |
| mailing campaign
literature, campaign signs, or other | 30 |
| campaign material on behalf of any
candidate for elective | 31 |
| office or for or against any referendum question.
| 32 |
| (12) Campaigning for any elective
office or for or | 33 |
| against any referendum question.
| 34 |
| (13) Managing or working on a campaign for elective
|
|
|
|
09400SB1879ham001 |
- 16 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| office or for or against any referendum question.
| 2 |
| (14) Serving as a delegate, alternate, or proxy to a | 3 |
| political
party convention.
| 4 |
| (15) Participating in any recount or challenge to the | 5 |
| outcome of
any election, except to the extent that under | 6 |
| subsection (d) of
Section 6 of Article IV of the Illinois | 7 |
| Constitution each house of the General
Assembly shall judge | 8 |
| the elections, returns, and qualifications of its members.
| 9 |
| "Prohibited source" means any person or entity who:
| 10 |
| (1) is seeking official action (i) by the
member or | 11 |
| officer or (ii) in the case of an employee, by
the employee
| 12 |
| or by the
member, officer, State agency, or other employee | 13 |
| directing the
employee;
| 14 |
| (2) does business or seeks to do business (i) with the
| 15 |
| member or officer or (ii) in the case of an employee,
with | 16 |
| the
employee or with the member, officer, State agency, or | 17 |
| other
employee directing the
employee;
| 18 |
| (3) conducts activities regulated (i) by the
member or | 19 |
| officer or (ii) in the case of an employee, by
the employee | 20 |
| or by the member, officer, State agency, or
other employee | 21 |
| directing the employee;
| 22 |
| (4) has interests that may be substantially affected by | 23 |
| the performance or
non-performance of the official duties | 24 |
| of the member, officer, or
employee; or
| 25 |
| (5) is registered or required to be registered with the | 26 |
| Secretary of State
under the Lobbyist Registration Act, | 27 |
| except that an entity not otherwise a
prohibited source | 28 |
| does not become a prohibited source merely because a
| 29 |
| registered lobbyist is one of its members or serves on its | 30 |
| board of
directors.
| 31 |
| "State agency" includes all officers, boards, commissions | 32 |
| and agencies
created by the Constitution, whether in the | 33 |
| executive or legislative
branch; all officers,
departments, | 34 |
| boards, commissions, agencies, institutions, authorities,
|
|
|
|
09400SB1879ham001 |
- 17 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| public institutions of higher learning as defined in Section 2 | 2 |
| of the Higher
Education
Cooperation Act, and bodies politic and | 3 |
| corporate of the State; and
administrative
units or corporate | 4 |
| outgrowths of the State government which are created by
or | 5 |
| pursuant to statute, other than units of local government and | 6 |
| their
officers, school districts, and boards of election | 7 |
| commissioners; and all
administrative units and corporate | 8 |
| outgrowths of the above and as may be
created by executive | 9 |
| order of the Governor. "State agency" includes the General
| 10 |
| Assembly, the Senate, the House of Representatives, the | 11 |
| President and Minority
Leader of the Senate, the Speaker and | 12 |
| Minority Leader of the House of
Representatives, the Senate | 13 |
| Operations Commission, and the legislative support
services | 14 |
| agencies. "State agency" includes the Office
of the Auditor | 15 |
| General. "State agency" does not include the judicial branch.
| 16 |
| "State employee" means any employee of a State agency.
| 17 |
| "Ultimate jurisdictional
authority" means the following:
| 18 |
| (1) For members, legislative partisan staff, and | 19 |
| legislative secretaries,
the appropriate
legislative | 20 |
| leader: President of the
Senate, Minority Leader of the | 21 |
| Senate, Speaker of the House of Representatives,
or | 22 |
| Minority Leader of the House of Representatives.
| 23 |
| (2) For State employees who are professional staff or | 24 |
| employees of the
Senate and not covered under item (1), the | 25 |
| Senate Operations Commission.
| 26 |
| (3) For State employees who are professional staff or | 27 |
| employees of the
House of Representatives and not covered | 28 |
| under item (1), the Speaker of the
House of | 29 |
| Representatives.
| 30 |
| (4) For State employees who are employees of the | 31 |
| legislative support
services agencies, the Joint Committee | 32 |
| on Legislative Support Services.
| 33 |
| (5) For State employees of the Auditor General, the | 34 |
| Auditor General.
|
|
|
|
09400SB1879ham001 |
- 18 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| (6) For State employees of public institutions of | 2 |
| higher learning as
defined in Section 2 of the Higher | 3 |
| Education Cooperation Act, the board of
trustees of the | 4 |
| appropriate public institution of higher learning.
| 5 |
| (7) For State employees of an executive branch | 6 |
| constitutional officer
other than those described in | 7 |
| paragraph (6), the
appropriate executive branch | 8 |
| constitutional officer.
| 9 |
| (8) For State employees not under the jurisdiction of | 10 |
| paragraph (1), (2),
(3), (4), (5), (6), or (7), or (9), the | 11 |
| Governor.
| 12 |
| (9) For the Legislative Inspector General, State | 13 |
| employees of the Office of the Legislative Inspector | 14 |
| General, commissioners of the Legislative Ethics | 15 |
| Commission, and State employees of the Legislative Ethics | 16 |
| Commission, the Legislative Ethics Commission.
| 17 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03; | 18 |
| 93-685, eff. 7-8-04.) | 19 |
| (5 ILCS 430/5-10)
| 20 |
| Sec. 5-10. Ethics training. Each officer, member, and | 21 |
| employee
must complete, at least
annually beginning in 2004, an | 22 |
| ethics training program conducted by the
appropriate
State | 23 |
| agency. Each ultimate jurisdictional authority
must implement | 24 |
| an ethics training program for its officers, members, and
| 25 |
| employees.
These ethics training programs shall be overseen by | 26 |
| the appropriate Ethics
Commission and Inspector
General | 27 |
| appointed pursuant to this Act in consultation with the Office | 28 |
| of the
Attorney
General.
| 29 |
| Each Executive Inspector General
and each ultimate | 30 |
| jurisdictional authority for the legislative branch shall set | 31 |
| standards and
determine the hours and frequency of training | 32 |
| necessary for each
position or category of positions. A person | 33 |
| who fills a vacancy in an
elective or appointed position that |
|
|
|
09400SB1879ham001 |
- 19 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| requires training and a person
employed in a position that | 2 |
| requires training must complete his or her
initial ethics | 3 |
| training within 6 months after commencement of his or
her | 4 |
| office or employment.
| 5 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | 6 |
| (5 ILCS 430/5-15)
| 7 |
| Sec. 5-15. Prohibited political activities.
| 8 |
| (a) State employees shall not intentionally perform any | 9 |
| prohibited political
activity during
any compensated time | 10 |
| (other than vacation, personal, or compensatory time off).
| 11 |
| State employees shall not intentionally
misappropriate any | 12 |
| State property or resources by engaging in any prohibited
| 13 |
| political activity for the benefit of any campaign
for elective | 14 |
| office or any political organization.
The mere presence on | 15 |
| State property or an incidental use of State property or | 16 |
| resources does not necessarily amount to a misappropriation for | 17 |
| purposes of this Section.
| 18 |
| (b) At no time shall any executive or legislative branch | 19 |
| constitutional
officer or any official, director, supervisor, | 20 |
| or State
employee intentionally misappropriate the services of | 21 |
| any State employee by
requiring that State employee to perform | 22 |
| any
prohibited political activity (i) as part of that | 23 |
| employee's State
duties, (ii) as a
condition of State | 24 |
| employment, or (iii)
during any time off that is compensated by | 25 |
| the State (such as
vacation, personal, or compensatory time | 26 |
| off).
| 27 |
| (c) A State employee shall not be required at any time to | 28 |
| participate in any
prohibited political activity
in | 29 |
| consideration for
that State employee
being awarded any | 30 |
| additional compensation or employee benefit, in the form of a
| 31 |
| salary adjustment, bonus, compensatory time off, continued | 32 |
| employment, or
otherwise.
| 33 |
| (d) A State employee shall not be awarded any additional |
|
|
|
09400SB1879ham001 |
- 20 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| compensation or
employee benefit, in the form of a salary | 2 |
| adjustment, bonus, compensatory time
off, continued | 3 |
| employment, or otherwise, in consideration for the State
| 4 |
| employee's participation in
any prohibited political activity.
| 5 |
| (e) Nothing in this Section prohibits activities that are | 6 |
| otherwise
appropriate for a State employee to engage in as a | 7 |
| part of
his or her official State employment duties
or | 8 |
| activities that are undertaken by a State employee on a | 9 |
| voluntary basis as
permitted by law.
| 10 |
| (f) No person either (i) in a position that is subject to | 11 |
| recognized merit
principles of
public
employment or (ii) in a | 12 |
| position the salary for which is paid in whole or in
part by | 13 |
| federal funds and that is subject to the Federal Standards for | 14 |
| a Merit
System of Personnel Administration applicable to | 15 |
| grant-in-aid programs, shall
be denied or deprived of State | 16 |
| employment or tenure solely because he or she is
a member or an | 17 |
| officer of a political committee,
of a political party, or of a | 18 |
| political organization or club.
| 19 |
| (Source: P.A. 93-615, eff. 11-19-03.) | 20 |
| (5 ILCS 430/5-20)
| 21 |
| Sec. 5-20. Public service announcements; other promotional | 22 |
| material.
| 23 |
| (a) No
Beginning January 1, 2004, no public service | 24 |
| announcement or
advertisement that identifies any specific | 25 |
| program administered by a State agency
is on behalf of
any | 26 |
| State administered program and contains the
proper name, image, | 27 |
| or voice of any executive branch constitutional officer
or | 28 |
| member of the General Assembly shall be broadcast or aired on | 29 |
| radio or
television or printed in a commercial newspaper or a | 30 |
| commercial magazine at any
time.
| 31 |
| (b) The proper name or image of any executive branch | 32 |
| constitutional officer
or member of the General Assembly may | 33 |
| not appear on any (i)
bumper stickers,
(ii) commercial |
|
|
|
09400SB1879ham001 |
- 21 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| billboards, (iii) lapel pins or buttons, (iv) magnets, (v)
| 2 |
| stickers, and
(vi) other similar promotional items, that are | 3 |
| not in furtherance of the person's official State duties or | 4 |
| governmental and public service functions, if
designed,
paid | 5 |
| for, prepared, or distributed using public dollars. This | 6 |
| subsection does
not apply to stocks of items existing on the | 7 |
| effective date of this amendatory
Act of the 93rd General | 8 |
| Assembly.
| 9 |
| (c) This Section does not apply to
communications
funded | 10 |
| through expenditures required to be reported under Article 9 of | 11 |
| the
Election Code.
| 12 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03; | 13 |
| 93-685, eff. 7-8-04.) | 14 |
| (5 ILCS 430/5-45)
| 15 |
| Sec. 5-45. Procurement; revolving door prohibition.
| 16 |
| (a) No current or former officer, member, or State | 17 |
| employee, or spouse or
immediate family member living with such | 18 |
| person, shall, during the period of State employment or within | 19 |
| a period of one
year immediately after termination of State | 20 |
| employment, knowingly accept
employment or receive | 21 |
| compensation or fees for services from a person or entity
if | 22 |
| the officer, member, or State employee, during the immediately | 23 |
| preceding 2 years of State employment with respect to a current | 24 |
| officer, member, or State employee, or during the year | 25 |
| immediately
preceding termination of State employment with | 26 |
| respect to a former officer, member, or State employee , | 27 |
| participated personally and
substantially in the decision to | 28 |
| award State contracts with a cumulative value
of over $25,000
| 29 |
| to the person or entity, or its parent or subsidiary.
| 30 |
| (b) No current or former officer of the executive branch or | 31 |
| State employee of the
executive branch with regulatory or
| 32 |
| licensing authority, or spouse or immediate family member | 33 |
| living with such
person, shall, during the period of State |
|
|
|
09400SB1879ham001 |
- 22 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| employment or within a period of one year immediately after | 2 |
| termination of
State employment, knowingly accept employment | 3 |
| or receive compensation of fees
for services from a person or | 4 |
| entity if the officer
or State
employee, during the immediately | 5 |
| preceding 2 years of State employment with respect to a current | 6 |
| officer, member, or State employee, or during the year | 7 |
| immediately preceding
termination of State employment with | 8 |
| respect to a former officer, member, or State employee , made a | 9 |
| regulatory or licensing decision that
directly applied to the | 10 |
| person or entity, or its parent or subsidiary.
| 11 |
| (c) The requirements of this Section may be waived
(i) for | 12 |
| the executive
branch, in writing by
the Executive Ethics | 13 |
| Commission, (ii) for the
legislative branch, in writing by
the | 14 |
| Legislative Ethics Commission, and (iii) for the
Auditor | 15 |
| General, in writing by the Auditor General.
During the time | 16 |
| period from the effective date of this amendatory Act of the
| 17 |
| 93rd General Assembly until the Executive Ethics Commission | 18 |
| first meets, the
requirements of this Section may be waived in | 19 |
| writing by the appropriate
ultimate jurisdictional authority. | 20 |
| During the time period from the
effective date of this | 21 |
| amendatory Act of the 93rd General Assembly until the
| 22 |
| Legislative Ethics Commission first meets, the requirements of | 23 |
| this Section may
be waived in writing by the appropriate | 24 |
| ultimate jurisdictional authority.
The waiver shall be granted
| 25 |
| upon the person seeking the waiver proving by clear and | 26 |
| convincing evidence
a showing that the
prospective
employment | 27 |
| or relationship did not affect the decisions referred to in | 28 |
| sections
(a) and (b).
| 29 |
| (d) With respect to former officers, members, State | 30 |
| employees, spouses, and family members, this
This Section | 31 |
| applies only with respect to persons who terminate an affected | 32 |
| position
on or after December 19, 2003 ( the effective date of | 33 |
| Public
this amendatory Act 93-617)
of the 93rd General
| 34 |
| Assembly .
|
|
|
|
09400SB1879ham001 |
- 23 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | 2 |
| (5 ILCS 430/10-15)
| 3 |
| Sec. 10-15. Gift ban; exceptions. The restriction in | 4 |
| Section 10-10 does
not apply to the following:
| 5 |
| (1) Opportunities, benefits, and services that are | 6 |
| available on the same
conditions as for the general public.
| 7 |
| (2) Anything for which the officer, member, or State | 8 |
| employee pays the
market value.
| 9 |
| (3) Any (i) contribution that is lawfully made under | 10 |
| the Election Code or
under
this Act or (ii) activities | 11 |
| associated with a fundraising event in support of
a | 12 |
| political
organization or candidate.
| 13 |
| (4) Educational materials and missions. Subject to | 14 |
| Section 10-15.5, this
This exception may be further
defined | 15 |
| by rules adopted by the
appropriate ethics commission
or by | 16 |
| the Auditor General for the Auditor General and employees | 17 |
| of the Office
of the Auditor General.
| 18 |
| (5) Travel expenses for a meeting to discuss State | 19 |
| business. Subject to Section 10-15.5, this
This exception
| 20 |
| may be further defined by
rules adopted by the appropriate | 21 |
| ethics commission
or by the Auditor General for the Auditor | 22 |
| General and employees of the Office
of the Auditor General.
| 23 |
| (6) A gift from a relative,
meaning those people | 24 |
| related to the individual as father, mother, son,
daughter,
| 25 |
| brother, sister, uncle, aunt, great aunt, great uncle, | 26 |
| first cousin, nephew,
niece, husband, wife, grandfather, | 27 |
| grandmother, grandson, granddaughter,
father-in-law, | 28 |
| mother-in-law, son-in-law, daughter-in-law, | 29 |
| brother-in-law,
sister-in-law, stepfather, stepmother, | 30 |
| stepson, stepdaughter, stepbrother,
stepsister, half | 31 |
| brother, half sister, and including the father, mother,
| 32 |
| grandfather, or grandmother of the individual's spouse and | 33 |
| the individual's
fiance or fiancee.
|
|
|
|
09400SB1879ham001 |
- 24 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| (7) Anything provided by an individual on the basis of | 2 |
| a personal
friendship unless the member, officer, or | 3 |
| employee has reason to
believe
that,
under the | 4 |
| circumstances, the gift was provided because of the | 5 |
| official position
or employment of the member, officer, or | 6 |
| employee and not
because of the
personal friendship.
| 7 |
| In determining whether a gift is provided on the basis | 8 |
| of personal
friendship, the member, officer, or employee | 9 |
| shall consider
the
circumstances
under which the gift was | 10 |
| offered, such as:
| 11 |
| (i) the history of the relationship between the | 12 |
| individual giving the gift
and the recipient of the | 13 |
| gift, including any previous exchange of gifts between
| 14 |
| those individuals;
| 15 |
| (ii) whether to the actual knowledge of the member, | 16 |
| officer, or
employee the individual who gave the gift | 17 |
| personally paid for the
gift or sought a
tax deduction | 18 |
| or business reimbursement for the gift; and
| 19 |
| (iii) whether to the actual knowledge of the | 20 |
| member, officer, or
employee
the individual who gave | 21 |
| the gift also at the same time gave the same or similar
| 22 |
| gifts to other members, officers, or employees.
| 23 |
| (8) Food or refreshments not exceeding $75 per person | 24 |
| in value on a single
calendar day; provided
that the food | 25 |
| or refreshments are (i) consumed on the premises from which | 26 |
| they
were purchased or prepared or (ii) catered. For the | 27 |
| purposes of this Section,
"catered" means food or | 28 |
| refreshments that are purchased ready to eat and
delivered | 29 |
| by any means.
| 30 |
| (9) Food, refreshments, lodging, transportation, and | 31 |
| other
benefits resulting from the outside business or | 32 |
| employment activities
(or outside activities that are not | 33 |
| connected to the duties of the officer,
member, or employee | 34 |
| as an office holder or employee) of the officer,
member, or |
|
|
|
09400SB1879ham001 |
- 25 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| employee, or the spouse of the officer, member, or
| 2 |
| employee, if the benefits have not been offered or enhanced | 3 |
| because of
the official position or employment of the | 4 |
| officer, member, or
employee, and are customarily provided | 5 |
| to others in similar
circumstances.
| 6 |
| (10) Intra-governmental and inter-governmental gifts. | 7 |
| For the purpose of
this Act, "intra-governmental gift" | 8 |
| means any gift given to a member, officer,
or employee of a | 9 |
| State agency from another member, officer, or employee of | 10 |
| the
same State agency; and "inter-governmental gift" means | 11 |
| any gift given to a
member, officer, or
employee of a State | 12 |
| agency, by a member, officer, or
employee of another State
| 13 |
| agency, of a federal agency, or of any governmental entity.
| 14 |
| (11) Bequests, inheritances, and other transfers at | 15 |
| death.
| 16 |
| (12) Any item or items from any one prohibited source | 17 |
| during
any calendar year having a cumulative total value of | 18 |
| less than $100.
| 19 |
| Each of the exceptions listed in this Section is mutually | 20 |
| exclusive and
independent of one another.
| 21 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 22 |
| (5 ILCS 430/10-15.5 new) | 23 |
| Sec. 10-15.5. Educational mission; travel expenses for a | 24 |
| meeting to discuss State business. | 25 |
| (a) This Section further defines items (4) and (5) of | 26 |
| Section 10-15 when a prohibited source provides educational | 27 |
| missions or travel expenses for a meeting to discuss State | 28 |
| business and applies to travel on and after the effective date | 29 |
| of this amendatory Act of the 94th General Assembly. | 30 |
| (b) Travel in connection with an educational mission or for | 31 |
| a meeting to discuss State business is subject to the following | 32 |
| conditions:
| 33 |
| (1) it must be in furtherance of the recipient |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| officer's or employee's State duties or employment;
| 2 |
| (2) it must bear a significant connection to the | 3 |
| interests of the prohibited source;
| 4 |
| (3) the destination (i) must bear a close relationship | 5 |
| to the educational purposes of the travel or to the State | 6 |
| business to be discussed or (ii) must be reasonable under | 7 |
| the circumstances;
| 8 |
| (4) the length of time at the destination for the | 9 |
| mission or meeting that is paid for by the prohibited | 10 |
| source must be reasonable under the circumstances;
| 11 |
| (5) the officer or employee must devote a significant | 12 |
| amount of time while at the destination to the educational | 13 |
| activities or State business; and
| 14 |
| (6) the travel expenses must be reasonable under the | 15 |
| circumstances; if the travel expenses do not substantially | 16 |
| exceed the amounts that would be authorized for State | 17 |
| reimbursement by the relevant Travel Control Board, they | 18 |
| are deemed reasonable.
| 19 |
| (c) The following categories of expenses qualify under the | 20 |
| educational mission and State business exceptions to the Gift | 21 |
| Ban: travel to, at, and from the destination; lodging en route | 22 |
| to, at, and from the destination; and tours, demonstrations, | 23 |
| presentations, and meetings. The following categories of | 24 |
| expenses, without limitation, do not fall under the educational | 25 |
| mission and State business exceptions to the Gift Ban, but may | 26 |
| qualify as exceptions under other applicable provisions of | 27 |
| Section 10-15: food; refreshments; entertainment; recreation; | 28 |
| prizes; awards; and souvenirs.
| 29 |
| (d) Qualified expenses under the educational mission and | 30 |
| State business exceptions to the Gift Ban include those for the | 31 |
| officer or employee. If the officer or employee is accompanied | 32 |
| by his or her spouse or immediate family member living with the | 33 |
| officer or employee and that spouse or family member either (i) | 34 |
| is not a State official or employee or (ii) is a State official |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| or employee but is not traveling in that capacity, any | 2 |
| additional expenses for the spouse or family member qualify (i) | 3 |
| under the educational mission and State business exceptions to | 4 |
| the Gift Ban only if, because of legitimate dependent care | 5 |
| obligations, the officer or employee would not be able to | 6 |
| attend unless accompanied by the spouse or family member or | 7 |
| (ii) to the extent that other applicable exceptions under | 8 |
| Section 10-15 apply. If the spouse or family member is a State | 9 |
| official or employee and is traveling in that capacity, then | 10 |
| this Section applies independently to that spouse or family | 11 |
| member.
| 12 |
| (e) More than one prohibited source may contribute to | 13 |
| qualified expenses so long as the other requirements of this | 14 |
| Section are met.
| 15 |
| (f) The officer or employee or a non-prohibited source must | 16 |
| pay all non-qualified expenses that do not otherwise fall under | 17 |
| an exception to the Gift Ban.
| 18 |
| (5 ILCS 430/20-5)
| 19 |
| Sec. 20-5. Executive Ethics Commission.
| 20 |
| (a) The Executive Ethics Commission is created.
| 21 |
| (b) The Executive Ethics Commission shall consist of 9
| 22 |
| commissioners.
The Governor shall appoint 5 commissioners, and | 23 |
| the Attorney General, Secretary
of State, Comptroller, and | 24 |
| Treasurer shall each appoint one commissioner.
Appointments | 25 |
| shall be made by and with the advice and consent of the
Senate | 26 |
| by three-fifths of the elected members concurring by record | 27 |
| vote.
Any nomination not acted upon by the Senate within 60 | 28 |
| session days of the
receipt thereof shall be deemed to have | 29 |
| received the advice and consent of
the Senate. If, during a | 30 |
| recess of the Senate, there is a vacancy in an office
of | 31 |
| commissioner, the appointing authority shall make a temporary
| 32 |
| appointment until the next meeting of the Senate when the | 33 |
| appointing
authority shall make a nomination to fill that |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| office. No person rejected for
an office of commissioner shall, | 2 |
| except by the Senate's request, be
nominated again for that | 3 |
| office at the same session of the Senate or be
appointed to | 4 |
| that office during a recess of that Senate.
No more than 5
| 5 |
| commissioners may be of the same
political party.
| 6 |
| The terms of the initial commissioners shall commence upon | 7 |
| qualification.
Four initial appointees of the Governor, as | 8 |
| designated by the Governor, shall
serve terms running through | 9 |
| June 30, 2007. One initial appointee of the
Governor, as | 10 |
| designated by the Governor, and the initial appointees of the
| 11 |
| Attorney General, Secretary of State, Comptroller, and | 12 |
| Treasurer shall serve
terms running through June 30, 2008.
The | 13 |
| initial appointments shall be made within 60 days
after the | 14 |
| effective date of this Act.
| 15 |
| After the initial terms, commissioners shall serve for | 16 |
| 4-year terms
commencing on July 1 of the year of appointment | 17 |
| and running
through June 30 of the fourth following year. | 18 |
| Commissioners may be
reappointed to one or more subsequent | 19 |
| terms.
| 20 |
| Vacancies occurring other than at the end of a term shall | 21 |
| be filled
by the appointing authority only for the balance of | 22 |
| the
term of the commissioner whose office is vacant.
| 23 |
| Terms shall run regardless of whether the position is | 24 |
| filled.
| 25 |
| (c) The appointing authorities shall appoint commissioners | 26 |
| who
have experience holding governmental office or employment | 27 |
| and shall
appoint commissioners from the general public.
A | 28 |
| person is not eligible to
serve as a commissioner if that | 29 |
| person (i) has been convicted of a
felony or a crime of | 30 |
| dishonesty or moral turpitude, (ii) is, or was
within the | 31 |
| preceding 12 months, engaged in activities that
require | 32 |
| registration under the Lobbyist Registration Act, (iii) is | 33 |
| related
to the appointing authority, or (iv) is a State officer | 34 |
| or employee.
|
|
|
|
09400SB1879ham001 |
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|
| 1 |
| (d) The Executive Ethics Commission shall have
| 2 |
| jurisdiction over all officers and employees of State agencies | 3 |
| other
than the General Assembly, the Senate, the House of | 4 |
| Representatives,
the President and Minority Leader of the | 5 |
| Senate, the Speaker and
Minority Leader of the House of | 6 |
| Representatives, the Senate
Operations Commission, the | 7 |
| legislative support services agencies, the Legislative Ethics | 8 |
| Commission, the Office of the Legislative Inspector General, | 9 |
| and
the Office of the Auditor General.
The jurisdiction of the
| 10 |
| Commission is limited to matters arising under this Act.
| 11 |
| (e) The Executive Ethics Commission must meet, either
in | 12 |
| person or by other technological means, at least monthly and as
| 13 |
| often as necessary. At the first meeting of the Executive
| 14 |
| Ethics Commission, the commissioners shall choose from their
| 15 |
| number a chairperson and other officers that they deem | 16 |
| appropriate.
The terms of officers shall be for 2 years | 17 |
| commencing July 1 and
running through June 30 of the second | 18 |
| following year. Meetings shall be held at
the call
of the | 19 |
| chairperson or any 3 commissioners. Official action by the
| 20 |
| Commission shall require the affirmative vote of 5 | 21 |
| commissioners, and
a quorum shall consist of 5 commissioners. | 22 |
| Commissioners shall receive
compensation in an amount equal to | 23 |
| the compensation of members of the State
Board of Elections and | 24 |
| may be
reimbursed for their reasonable expenses actually | 25 |
| incurred in the
performance of their duties.
| 26 |
| (f) No commissioner or employee of the Executive
Ethics | 27 |
| Commission may during his or her term of appointment or | 28 |
| employment:
| 29 |
| (1) become a candidate for any elective office;
| 30 |
| (2) hold any other elected or appointed public office | 31 |
| except for
appointments on governmental advisory boards or | 32 |
| study commissions or as
otherwise expressly authorized by | 33 |
| law;
| 34 |
| (3) be actively involved in the affairs of any |
|
|
|
09400SB1879ham001 |
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LRB094 09182 JAM 49948 a |
|
| 1 |
| political party or
political
organization; or
| 2 |
| (4) actively participate in any campaign for any | 3 |
| elective office.
| 4 |
| (g) An appointing authority may remove a commissioner only | 5 |
| for cause.
| 6 |
| (h) The Executive Ethics Commission shall appoint an | 7 |
| Executive Director. The
compensation of the Executive Director | 8 |
| shall be as determined by the Commission
or by the Compensation | 9 |
| Review Board, whichever amount is higher. The Executive
| 10 |
| Director of the Executive Ethics Commission may employ and | 11 |
| determine the
compensation of staff, as appropriations permit.
| 12 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 13 |
| (5 ILCS 430/20-23)
| 14 |
| Sec. 20-23. Ethics Officers.
Each officer and the head of | 15 |
| each State agency
under the jurisdiction of the
Executive | 16 |
| Ethics Commission , including without limitation the Executive | 17 |
| Ethics Commission and each Executive Inspector General, shall | 18 |
| designate an Ethics
Officer for the office or State agency.
| 19 |
| Ethics Officers shall:
| 20 |
| (1) act as liaisons between the State agency and the | 21 |
| appropriate Executive
Inspector General and between the | 22 |
| State agency and the Executive Ethics
Commission;
| 23 |
| (2) review statements of economic interest and | 24 |
| disclosure forms of
officers, senior employees, and | 25 |
| contract monitors before they are filed with
the Secretary | 26 |
| of State; and
| 27 |
| (3) provide guidance to officers and employees in the | 28 |
| interpretation and
implementation of this Act, which the | 29 |
| officer or employee may in good faith
rely upon. Such | 30 |
| guidance shall be based, wherever possible,
upon legal | 31 |
| precedent in court decisions, opinions of the Attorney | 32 |
| General, and
the findings and opinions of the Executive | 33 |
| Ethics Commission.
|
|
|
|
09400SB1879ham001 |
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LRB094 09182 JAM 49948 a |
|
| 1 |
| (Source: P.A. 93-617, eff. 12-9-03.)
| 2 |
| (5 ILCS 430/20-40)
| 3 |
| Sec. 20-40. Collective bargaining agreements.
Any | 4 |
| investigation or inquiry by an Executive Inspector General or | 5 |
| any agent
or
representative of an Executive Inspector General | 6 |
| must be conducted
with awareness of the
provisions of a | 7 |
| collective bargaining agreement that applies to the
employees | 8 |
| of the relevant State agency and with an awareness of the | 9 |
| rights of
the
employees as set forth by State and federal law | 10 |
| and applicable judicial
decisions. Any recommendation for | 11 |
| discipline or any action taken against any
State employee | 12 |
| pursuant to this Act
must comply with the provisions of the | 13 |
| collective bargaining
agreement that applies to the State | 14 |
| employee. Each collective bargaining agreement applicable to | 15 |
| State employees that is entered into, renewed, extended, or | 16 |
| modified on or after the effective date of this amendatory Act | 17 |
| of the 94th General Assembly is subject to the provisions of | 18 |
| this Act; to the extent of any conflict between this Act and | 19 |
| any such agreement, this Act controls.
| 20 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 21 |
| (5 ILCS 430/25-5)
| 22 |
| Sec. 25-5. Legislative Ethics Commission.
| 23 |
| (a) The Legislative Ethics Commission is created.
| 24 |
| (b) The Legislative Ethics Commission shall consist of 8
| 25 |
| commissioners appointed 2 each by the
President and Minority | 26 |
| Leader of the Senate and the Speaker and Minority Leader
of the | 27 |
| House of Representatives.
| 28 |
| The terms of the initial commissioners shall commence upon | 29 |
| qualification.
Each appointing authority shall designate one | 30 |
| appointee who
shall serve for a 2-year term running through
| 31 |
| June 30, 2005.
Each appointing authority shall designate one | 32 |
| appointee who
shall serve for a
4-year term running through |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| June 30, 2007.
The initial appointments shall be made within 60 | 2 |
| days
after the effective date of this Act.
| 3 |
| After the initial terms, commissioners shall serve for | 4 |
| 4-year terms
commencing on July 1 of the year of appointment | 5 |
| and running
through June 30 of the fourth following year. | 6 |
| Commissioners may be
reappointed to one or more subsequent | 7 |
| terms.
| 8 |
| Vacancies occurring other than at the end of a term shall | 9 |
| be filled
by the appointing authority only for the balance of | 10 |
| the
term of the commissioner whose office is vacant.
| 11 |
| Terms shall run regardless of whether the position is | 12 |
| filled.
| 13 |
| (c) The appointing authorities shall appoint commissioners | 14 |
| who
have experience holding governmental office or employment | 15 |
| and may
appoint commissioners who are members of the General | 16 |
| Assembly as well as
commissioners from the general public.
A | 17 |
| commissioner who is a member of the General Assembly must | 18 |
| recuse himself or
herself from participating in any matter | 19 |
| relating to any investigation or
proceeding in which he or she | 20 |
| is the subject.
A person is not eligible to
serve as a | 21 |
| commissioner if that person (i) has been convicted of a
felony | 22 |
| or a crime of dishonesty or moral turpitude, (ii) is, or was
| 23 |
| within the preceding 12 months, engaged in activities that
| 24 |
| require registration under the Lobbyist Registration Act, | 25 |
| (iii) is a
relative of the appointing authority, or (iv) is a | 26 |
| State officer or employee
other than a member of the General | 27 |
| Assembly.
| 28 |
| (d) The Legislative Ethics Commission shall have
| 29 |
| jurisdiction over members of the General Assembly and
all State
| 30 |
| employees whose ultimate jurisdictional authority is
(i) a | 31 |
| legislative leader, (ii) the Senate Operations Commission, or | 32 |
| (iii) the
Joint Committee on Legislative Support Services , or | 33 |
| (iv) the Legislative Ethics Commission .
The jurisdiction of the
| 34 |
| Commission is limited to matters arising under this Act.
|
|
|
|
09400SB1879ham001 |
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LRB094 09182 JAM 49948 a |
|
| 1 |
| (e) The Legislative Ethics Commission must meet, either
in | 2 |
| person or by other technological means, monthly or as
often as | 3 |
| necessary. At the first meeting of the Legislative
Ethics | 4 |
| Commission, the commissioners shall choose from their
number a | 5 |
| chairperson and other officers that they deem appropriate.
The | 6 |
| terms of officers shall be for 2 years commencing July 1 and
| 7 |
| running through June 30 of the second following year. Meetings | 8 |
| shall be held at
the call
of the chairperson or any 3 | 9 |
| commissioners. Official action by the
Commission shall require | 10 |
| the affirmative vote of 5 commissioners, and
a quorum shall | 11 |
| consist of 5 commissioners. Commissioners shall receive
no | 12 |
| compensation but
may be
reimbursed for their reasonable | 13 |
| expenses actually incurred in the
performance of their duties.
| 14 |
| (f) No commissioner, other than a commissioner who is a | 15 |
| member of the
General
Assembly, or employee of the Legislative
| 16 |
| Ethics Commission may during his or her term of appointment or | 17 |
| employment:
| 18 |
| (1) become a candidate for any elective office;
| 19 |
| (2) hold any other elected or appointed public office
| 20 |
| except for appointments on governmental advisory boards
or | 21 |
| study commissions or as otherwise expressly authorized by | 22 |
| law;
| 23 |
| (3) be actively involved in the affairs of any | 24 |
| political party or political
organization; or
| 25 |
| (4) actively participate in any campaign for any
| 26 |
| elective office.
| 27 |
| (g) An appointing authority may remove a
commissioner only | 28 |
| for cause.
| 29 |
| (h) The Legislative Ethics Commission shall appoint an
| 30 |
| Executive Director subject to the approval of at least 3 of the | 31 |
| 4 legislative leaders. The compensation of the Executive | 32 |
| Director shall
be as determined by the Commission or by the | 33 |
| Compensation Review
Board, whichever amount is higher. The | 34 |
| Executive Director of the Legislative
Ethics Commission may |
|
|
|
09400SB1879ham001 |
- 34 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| employ, subject to the approval of at least 3 of the 4 | 2 |
| legislative leaders, and determine the
compensation of staff, | 3 |
| as appropriations permit.
| 4 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) | 5 |
| (5 ILCS 430/25-10)
| 6 |
| Sec. 25-10. Office of Legislative Inspector General.
| 7 |
| (a) The independent Office of the Legislative Inspector | 8 |
| General is created.
The Office shall be under the direction and | 9 |
| supervision of the
Legislative Inspector General and shall be a | 10 |
| fully independent office with its
own appropriation.
| 11 |
| (b) The Legislative Inspector General shall be appointed | 12 |
| without regard to
political
affiliation and solely on the basis | 13 |
| of integrity and
demonstrated ability.
The Legislative Ethics
| 14 |
| Commission shall diligently search out qualified candidates | 15 |
| for Legislative
Inspector General
and shall make | 16 |
| recommendations to the General Assembly.
| 17 |
| The Legislative Inspector General shall be appointed by a | 18 |
| joint resolution of
the
Senate and the House of | 19 |
| Representatives, which may specify the date on
which the | 20 |
| appointment takes effect.
A joint resolution, or other document | 21 |
| as may be specified by the
Joint Rules of the General Assembly, | 22 |
| appointing the Legislative Inspector
General must be certified | 23 |
| by
the Speaker
of the House of Representatives and the | 24 |
| President of the Senate as having been
adopted by the
| 25 |
| affirmative vote of three-fifths of the members elected to each | 26 |
| house,
respectively,
and be filed with the Secretary of State.
| 27 |
| The appointment of the Legislative Inspector General takes | 28 |
| effect on the day
the
appointment is completed by the General | 29 |
| Assembly, unless the appointment
specifies a later date on | 30 |
| which it is to become effective.
| 31 |
| The Legislative Inspector General shall have the following | 32 |
| qualifications:
| 33 |
| (1) has not been convicted of any felony under the laws |
|
|
|
09400SB1879ham001 |
- 35 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| of this State,
another state, or the United States;
| 2 |
| (2) has earned a baccalaureate degree from an | 3 |
| institution of higher
education; and
| 4 |
| (3) has 5 or more years of cumulative service (A) with | 5 |
| a federal,
State, or
local law enforcement agency, at least | 6 |
| 2 years of which have been in a
progressive investigatory | 7 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
| 8 |
| as a
senior manager or executive of a federal, State, or | 9 |
| local
agency; (D) as a member, an officer,
or a State
or | 10 |
| federal judge; or (E) representing any combination of (A) | 11 |
| through (D).
| 12 |
| The Legislative Inspector General may not be a relative of | 13 |
| a commissioner.
| 14 |
| The term of the initial Legislative Inspector General shall
| 15 |
| commence upon qualification and shall run through June 30, | 16 |
| 2008.
| 17 |
| After the initial term, the Legislative Inspector General | 18 |
| shall serve
for 5-year terms commencing on July 1 of the year | 19 |
| of appointment
and running through June 30 of the fifth | 20 |
| following year. The
Legislative Inspector General may be | 21 |
| reappointed to one or more
subsequent terms.
| 22 |
| A vacancy occurring other than at the end of a term shall | 23 |
| be filled in the
same manner as an appointment only for the | 24 |
| balance of the term of the
Legislative
Inspector General whose | 25 |
| office is vacant.
| 26 |
| Terms shall run regardless of whether the position is | 27 |
| filled.
| 28 |
| (c) The Legislative Inspector General
shall have | 29 |
| jurisdiction over the members of the General Assembly and
all | 30 |
| State employees whose ultimate jurisdictional authority is
(i) | 31 |
| a legislative leader, (ii) the Senate Operations Commission, or | 32 |
| (iii) the
Joint Committee on Legislative Support Services , or | 33 |
| (iv) the Legislative Ethics Commission .
| 34 |
| The jurisdiction of each Legislative Inspector General is |
|
|
|
09400SB1879ham001 |
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LRB094 09182 JAM 49948 a |
|
| 1 |
| to investigate
allegations of fraud, waste, abuse, | 2 |
| mismanagement, misconduct, nonfeasance,
misfeasance,
| 3 |
| malfeasance, or violations of this Act or violations of other | 4 |
| related
laws and rules.
| 5 |
| (d) The compensation of the Legislative Inspector General | 6 |
| shall
be the greater of an amount (i) determined by the | 7 |
| Commission or (ii) by joint
resolution of the General Assembly | 8 |
| passed by a majority of members elected in
each chamber.
| 9 |
| Subject to Section 25-45 of this Act, the Legislative Inspector | 10 |
| General has
full
authority to organize the Office of the | 11 |
| Legislative Inspector General,
including the employment and | 12 |
| determination of the compensation of
staff, such as deputies, | 13 |
| assistants, and other employees, as
appropriations permit. | 14 |
| Employment of staff is subject to the approval of at least 3 of | 15 |
| the 4 legislative leaders.
| 16 |
| (e) No Legislative Inspector General or employee of the | 17 |
| Office of
the Legislative Inspector General may, during his or | 18 |
| her term of appointment or
employment:
| 19 |
| (1) become a candidate for any elective office;
| 20 |
| (2) hold any other elected or appointed public office
| 21 |
| except for appointments on governmental advisory boards
or | 22 |
| study commissions or as otherwise expressly authorized by | 23 |
| law;
| 24 |
| (3) be actively involved in the affairs of any | 25 |
| political party or
political organization; or
| 26 |
| (4) actively participate in any campaign for any
| 27 |
| elective office.
| 28 |
| In this subsection an appointed public office means a | 29 |
| position authorized by
law that is filled by an appointing | 30 |
| authority as provided by law and does not
include employment by | 31 |
| hiring in the ordinary course of business.
| 32 |
| (e-1) No Legislative Inspector General or employee of the | 33 |
| Office of the
Legislative Inspector General may, for one year | 34 |
| after the termination of his or
her appointment or employment:
|
|
|
|
09400SB1879ham001 |
- 37 - |
LRB094 09182 JAM 49948 a |
|
| 1 |
| (1) become a candidate for any elective office;
| 2 |
| (2) hold any elected public office; or
| 3 |
| (3) hold any appointed State, county, or local judicial | 4 |
| office.
| 5 |
| (e-2) The requirements of item (3) of subsection (e-1) may | 6 |
| be waived by the
Legislative Ethics Commission.
| 7 |
| (f) The Commission may remove the Legislative Inspector | 8 |
| General only for
cause. At the time of the removal, the | 9 |
| Commission must report to the General
Assembly the | 10 |
| justification for the removal.
| 11 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-685, eff. 7-8-04.) | 12 |
| (5 ILCS 430/25-23)
| 13 |
| Sec. 25-23. Ethics Officers.
The President and Minority | 14 |
| Leader of the Senate
and
the Speaker and Minority Leader of the | 15 |
| House of Representatives shall each
appoint an ethics officer | 16 |
| for the members and employees of his or her
legislative
caucus.
| 17 |
| The commissioners of the Legislative Ethics Commission shall | 18 |
| designate an ethics officer for the Legislative Ethics | 19 |
| Commission. The Legislative Inspector General shall designate | 20 |
| an ethics officer for the Office of the Legislative Inspector | 21 |
| General. No later than January 1, 2004, the head of each other | 22 |
| State agency under the
jurisdiction of the
Legislative Ethics | 23 |
| Commission, other than the General Assembly, shall
designate an | 24 |
| ethics
officer for the State agency.
Ethics Officers shall:
| 25 |
| (1) act as liaisons between the State agency and the | 26 |
| Legislative
Inspector
General and between the State agency | 27 |
| and the Legislative Ethics
Commission;
| 28 |
| (2) review statements of economic interest and | 29 |
| disclosure forms of
officers, senior employees, and | 30 |
| contract
monitors
before they are filed with the
Secretary | 31 |
| of State; and
| 32 |
| (3) provide guidance to officers and employees
in the | 33 |
| interpretation and implementation of this Act, which the |
|
|
|
09400SB1879ham001 |
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LRB094 09182 JAM 49948 a |
|
| 1 |
| officer or
employee may in good faith rely upon. Such | 2 |
| guidance
shall be based, wherever possible, upon legal | 3 |
| precedent in court decisions,
opinions of the Attorney | 4 |
| General, and the findings and opinions of the
Legislative | 5 |
| Ethics Commission.
| 6 |
| (Source: P.A. 93-617, eff. 12-9-03.) | 7 |
| Section 15. The Lobbyist Registration Act is amended by | 8 |
| changing Section 2 as follows:
| 9 |
| (25 ILCS 170/2) (from Ch. 63, par. 172)
| 10 |
| Sec. 2. Definitions. As used in this Act, unless the | 11 |
| context otherwise
requires:
| 12 |
| (a) "Person" means any individual, firm, partnership, | 13 |
| committee,
association, corporation, or any other organization | 14 |
| or group of persons.
| 15 |
| (b) "Expenditure" means a payment, distribution, loan, | 16 |
| advance, deposit,
or gift of money or anything of value, and | 17 |
| includes a contract, promise, or
agreement, whether or not | 18 |
| legally enforceable, to make an expenditure, for
the ultimate | 19 |
| purpose of influencing executive, legislative, or | 20 |
| administrative
action, other than compensation as defined in | 21 |
| subsection (d).
| 22 |
| (c) "Official" means:
| 23 |
| (1) the Governor, Lieutenant Governor, Secretary of | 24 |
| State, Attorney
General, State Treasurer, and State | 25 |
| Comptroller;
| 26 |
| (2) Chiefs of Staff for officials described in item | 27 |
| (1);
| 28 |
| (3) Cabinet members of any elected constitutional | 29 |
| officer, including
Directors, Assistant Directors and | 30 |
| Chief Legal Counsel or General Counsel;
| 31 |
| (4) Members of the General Assembly.
| 32 |
| (d) "Compensation" means any money, thing of value or |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| financial benefits
received or to be received in return for | 2 |
| services rendered or to be
rendered, for lobbying as defined in | 3 |
| subsection (e).
| 4 |
| Monies paid to members of the General Assembly by the State | 5 |
| as
remuneration for performance of their Constitutional and | 6 |
| statutory duties
as members of the General Assembly shall not | 7 |
| constitute compensation as
defined by this Act.
| 8 |
| (e) "Lobbying" means any communication with (i) an official | 9 |
| of the
executive or legislative branch of State government as | 10 |
| defined in subsection
(c) or (ii) a State employee as defined | 11 |
| in this Section, for the ultimate purpose of influencing | 12 |
| executive, legislative, or
administrative action.
| 13 |
| (f) "Influencing" means any communication, action, | 14 |
| reportable
expenditure as prescribed in Section 6 or other | 15 |
| means used to promote,
support, affect, modify, oppose or delay | 16 |
| any executive, legislative or
administrative action or to | 17 |
| promote goodwill with officials as defined in
subsection (c).
| 18 |
| (g) "Executive action" means the proposal, drafting, | 19 |
| development,
consideration, amendment, adoption, approval, | 20 |
| promulgation, issuance,
modification, rejection or | 21 |
| postponement by a State entity of a rule,
regulation, order, | 22 |
| decision, determination, contractual arrangement, purchasing
| 23 |
| agreement or other quasi-legislative or quasi-judicial action | 24 |
| or proceeding.
| 25 |
| (h) "Legislative action" means the development, drafting, | 26 |
| introduction,
consideration, modification, adoption, | 27 |
| rejection, review, enactment, or passage
or defeat of any bill, | 28 |
| amendment, resolution, report, nomination,
administrative rule | 29 |
| or other matter by either house of the General Assembly or
a | 30 |
| committee thereof, or by a legislator. Legislative action also | 31 |
| means the
action of the Governor in approving or vetoing any | 32 |
| bill or portion thereof, and
the action of the Governor or any | 33 |
| agency in the development of a proposal for
introduction in the | 34 |
| legislature.
|
|
|
|
09400SB1879ham001 |
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| 1 |
| (i) "Administrative action" means the execution or | 2 |
| rejection of any rule,
regulation, legislative rule, standard, | 3 |
| fee, rate, contractual arrangement,
purchasing agreement or | 4 |
| other delegated legislative or quasi-legislative action
to be | 5 |
| taken or withheld by any executive agency, department, board or
| 6 |
| commission of the State.
| 7 |
| (j) "Lobbyist" means any person who undertakes to lobby | 8 |
| State government
as provided in subsection (e).
| 9 |
| (k) "State employee" is defined as that term is defined in | 10 |
| Section 1-5 of the State Officials and Employees Ethics Act. | 11 |
| (l) "Employee", with respect to a State employee, is | 12 |
| defined as that term is defined in Section 1-5 of the State | 13 |
| Officials and Employees Ethics Act.
| 14 |
| (m) "State agency" is defined as that term is defined in | 15 |
| Section 1-5 of the State Officials and Employees Ethics Act.
| 16 |
| (Source: P.A. 88-187.)
| 17 |
| Section 25. The Illinois Procurement Code is amended by | 18 |
| changing Sections 1-15.15, 1-15.100, 15-25, 20-10, 20-30, | 19 |
| 35-15, 35-20, 35-25, 35-30, 35-35, 35-40, 40-15, 50-20, 50-30, | 20 |
| and 53-10 and by adding Sections 20-43 and 50-37 as follows:
| 21 |
| (30 ILCS 500/1-15.15)
| 22 |
| Sec. 1-15.15. Chief Procurement Officer. "Chief
| 23 |
| Procurement Officer" means:
| 24 |
| (1) for procurements for construction and | 25 |
| construction-related services
committed by law to the | 26 |
| jurisdiction or responsibility of the Capital
Development | 27 |
| Board, the executive director of the Capital Development Board.
| 28 |
| (2) for procurements for all construction, | 29 |
| construction-related services,
operation of any facility, and | 30 |
| the provision of any service or activity
committed by law to | 31 |
| the jurisdiction or responsibility of the Illinois
Department | 32 |
| of Transportation, including the direct or reimbursable |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| expenditure
of all federal funds for which the Department of | 2 |
| Transportation is responsible
or accountable for the use | 3 |
| thereof in accordance with federal law, regulation,
or | 4 |
| procedure, the Secretary of Transportation.
| 5 |
| (3) for all procurements made by a public institution of | 6 |
| higher education, a
representative designated by the Governor.
| 7 |
| (4) for all applicable procurements made my a pension fund | 8 |
| or retirements system created under Article 2, 14, 15, 16, or | 9 |
| 18 of the Illinois Pension Code or an investment board created | 10 |
| under Article 22A of the Illinois Pension Code, a | 11 |
| representative designated by the Governor.
| 12 |
| (5)
(4) for all other procurements, the Director of the | 13 |
| Department of Central
Management Services.
| 14 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 15 |
| (30 ILCS 500/1-15.100)
| 16 |
| Sec. 1-15.100. State agency. "State agency" means and | 17 |
| includes all
boards, commissions, agencies, institutions, | 18 |
| authorities, and bodies politic
and corporate of the State, | 19 |
| created by or in accordance with the constitution
or statute, | 20 |
| of the executive branch of State government and does include
| 21 |
| colleges, universities, and institutions under the | 22 |
| jurisdiction of the
governing boards of the University of | 23 |
| Illinois, Southern Illinois University,
Illinois State | 24 |
| University, Eastern Illinois University, Northern Illinois
| 25 |
| University, Western Illinois University, Chicago State | 26 |
| University, Governor
State University, Northeastern Illinois | 27 |
| University, and the Board of Higher
Education. However, this | 28 |
| term applies
does
not apply to public employee pension funds, | 29 |
| retirement systems , or investment boards that are
subject to | 30 |
| fiduciary duties imposed by the Illinois Pension Code only to | 31 |
| the extent and for the purpose of procurements required under | 32 |
| Sections 1-113.5 and 22A-111 of the Illinois Pension Code to be | 33 |
| made in accordance with Article 35 of this Code. The term |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| "State agency" does not apply
or to the
University of Illinois | 2 |
| Foundation. "State agency" does not include units of
local | 3 |
| government, school districts, community colleges under the | 4 |
| Public
Community College Act, and the Illinois Comprehensive | 5 |
| Health Insurance Board.
| 6 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 7 |
| (30 ILCS 500/15-25)
| 8 |
| Sec. 15-25. Bulletin content.
| 9 |
| (a) Invitations for bids. Notice of each and every contract | 10 |
| that is
offered, including renegotiated contracts and change | 11 |
| orders,
shall be published in the Bulletin. The applicable | 12 |
| chief procurement officer
may provide by rule an organized | 13 |
| format for the publication of this
information, but in any case | 14 |
| it must include at least the date first offered,
the date | 15 |
| submission of offers is due, the location that offers are to be
| 16 |
| submitted to, the purchasing State agency, the responsible | 17 |
| State purchasing
officer, a brief purchase description, the | 18 |
| method of source selection, and
information of how to obtain a | 19 |
| comprehensive purchase description and any
disclosure and | 20 |
| contract forms.
| 21 |
| (b) Contracts let or awarded. Notice of each and every | 22 |
| contract that is let
or awarded, including renegotiated | 23 |
| contracts and change orders, shall be
published in the next | 24 |
| available subsequent Bulletin, and
the applicable chief | 25 |
| procurement officer may provide by rule an organized
format for | 26 |
| the publication
of
this information, but in any case it must | 27 |
| include at least all of the
information specified in subsection | 28 |
| (a) as well as the name of the successful
responsible bidder or | 29 |
| offeror, the contract price, the number of unsuccessful
| 30 |
| responsive bidders, and any other disclosure specified in any | 31 |
| Section of this
Code. This notice shall include the disclosures | 32 |
| under Section 50-37, if those disclosures are required. In | 33 |
| addition, the notice shall summarize the outreach efforts |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| undertaken by the agency to make potential bidders or offerors | 2 |
| aware of any contract offer other than publication in the | 3 |
| Bulletin.
| 4 |
| (c) Emergency purchase disclosure. Any chief procurement | 5 |
| officer, State
purchasing officer, or designee exercising | 6 |
| emergency purchase authority under
this Code shall publish a | 7 |
| written description and reasons and the total cost,
if known, | 8 |
| or an estimate if unknown and the name of the responsible chief
| 9 |
| procurement officer and State purchasing officer, and the | 10 |
| business or person
contracted with for all emergency purchases | 11 |
| in
the next timely, practicable Bulletin. This notice must be | 12 |
| posted in the online electronic Bulletin within 10 business | 13 |
| days after the earlier of (i) execution of the contract or (ii) | 14 |
| whenever services or goods begin to be provided under the | 15 |
| contract and, in any event, prior to any payment by the State | 16 |
| under the contract.
| 17 |
| (c-5) Each State agency shall post in the online electronic | 18 |
| Bulletin a copy of its annual report of utilization of | 19 |
| businesses owned by minorities, females, and persons with | 20 |
| disabilities as submitted to the Business Enterprises Council | 21 |
| for Minorities, Females, and Persons with Disabilities | 22 |
| pursuant to Section 6(c) of the Business Enterprise for | 23 |
| Minorities, Females, and Persons with Disabilities Act within | 24 |
| 10 business days of its submission of its report to the | 25 |
| Council.
| 26 |
| (c-10) Renewals. Notice of each contract renewal shall be | 27 |
| posted online on the Procurement Bulletin. The Procurement | 28 |
| Policy Board by rule shall specify the information to be | 29 |
| included in the notice, and the applicable chief procurement | 30 |
| officer by rule may provide a format for the information.
| 31 |
| (d) Other required disclosure. The applicable chief | 32 |
| procurement officer
shall provide by rule for the organized | 33 |
| publication of all other disclosure
required in other Sections | 34 |
| of this Code in a timely manner.
|
|
|
|
09400SB1879ham001 |
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|
| 1 |
| (e) The changes to subsections (b), (c), and (c-5) of this | 2 |
| Section made by this amendatory Act of the 94th General | 3 |
| Assembly apply to reports submitted, offers made, and notices | 4 |
| on contracts executed on or after its effective date.
| 5 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 6 |
| (30 ILCS 500/20-10)
| 7 |
| Sec. 20-10. Competitive sealed bidding.
| 8 |
| (a) Conditions for use. All contracts shall be awarded by
| 9 |
| competitive sealed bidding
except as otherwise provided in | 10 |
| Section 20-5.
| 11 |
| (b) Invitation for bids. An invitation for bids shall be
| 12 |
| issued and shall include a
purchase description and the | 13 |
| material contractual terms and
conditions applicable to the
| 14 |
| procurement.
| 15 |
| (c) Public notice. Public notice of the invitation for bids | 16 |
| shall be
published in the Illinois Procurement Bulletin at | 17 |
| least 14 days before the date
set in the invitation for the | 18 |
| opening of bids.
| 19 |
| (d) Bid opening. Bids shall be opened publicly in the
| 20 |
| presence of one or more witnesses
at the time and place | 21 |
| designated in the invitation for bids. The
name of each bidder, | 22 |
| the amount
of each bid, and other relevant information as may | 23 |
| be specified by
rule shall be
recorded. After the award of the | 24 |
| contract, the winning bid and the
record of each unsuccessful | 25 |
| bid shall be open to
public inspection.
| 26 |
| (e) Bid acceptance and bid evaluation. Bids shall be
| 27 |
| unconditionally accepted without
alteration or correction, | 28 |
| except as authorized in this Code. Bids
shall be evaluated | 29 |
| based on the
requirements set forth in the invitation for bids, | 30 |
| which may
include criteria to determine
acceptability such as | 31 |
| inspection, testing, quality, workmanship,
delivery, and | 32 |
| suitability for a
particular purpose. Those criteria that will | 33 |
| affect the bid price
and be considered in evaluation
for award, |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| such as discounts, transportation costs, and total or
life | 2 |
| cycle costs, shall be
objectively measurable. The invitation | 3 |
| for bids shall set forth
the evaluation criteria to be used.
| 4 |
| (f) Correction or withdrawal of bids. Correction or
| 5 |
| withdrawal of inadvertently
erroneous bids before or after | 6 |
| award, or cancellation of awards of
contracts based on bid
| 7 |
| mistakes, shall be permitted in accordance with rules.
After | 8 |
| bid opening, no
changes in bid prices or other provisions of | 9 |
| bids prejudicial to
the interest of the State or fair
| 10 |
| competition shall be permitted. All decisions to permit the
| 11 |
| correction or withdrawal of bids
based on bid mistakes shall be | 12 |
| supported by written determination
made by a State purchasing | 13 |
| officer.
| 14 |
| (g) Award. The contract shall be awarded with reasonable
| 15 |
| promptness by written notice
to the lowest responsible and | 16 |
| responsive bidder whose bid meets
the requirements and criteria
| 17 |
| set forth in the invitation for bids, except when a State | 18 |
| purchasing officer
determines it is not in the best interest of | 19 |
| the State and by written
explanation determines another bidder | 20 |
| shall receive the award. The explanation
shall appear in the | 21 |
| appropriate volume of the Illinois Procurement Bulletin. The | 22 |
| written explanation must include: | 23 |
| (1) a description of the agency's needs; | 24 |
| (2) a determination that the anticipated cost will be | 25 |
| fair and reasonable; | 26 |
| (3) a listing of all responsible and responsive | 27 |
| bidders; and | 28 |
| (4) the name of the bidder selected, pricing, and the | 29 |
| reasons for selecting that bidder instead of the lowest | 30 |
| responsible and responsive bidder. | 31 |
| Each agency may adopt rules to implement the requirements | 32 |
| of this subsection (g). | 33 |
| The written explanation shall be filed with the Legislative | 34 |
| Audit Commission and the Procurement Policy Board and be made |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| available for inspection by the public within 30 days after the | 2 |
| agency's decision to award the contract.
| 3 |
| (h) Multi-step sealed bidding. When it is considered
| 4 |
| impracticable to initially prepare
a purchase description to | 5 |
| support an award based on price, an
invitation for bids may be | 6 |
| issued
requesting the submission of unpriced offers to be | 7 |
| followed by an
invitation for bids limited to
those bidders | 8 |
| whose offers have been qualified under the criteria
set forth | 9 |
| in the first solicitation.
| 10 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 11 |
| (30 ILCS 500/20-30)
| 12 |
| Sec. 20-30. Emergency purchases.
| 13 |
| (a) Conditions for use. In accordance with standards set by
| 14 |
| rule, a purchasing
agency may make emergency procurements | 15 |
| without competitive sealed
bidding or prior notice
when there | 16 |
| exists a threat to public health or public safety, or
when | 17 |
| immediate expenditure is
necessary for repairs to State | 18 |
| property in order to protect
against further loss of or damage | 19 |
| to
State property, to prevent or minimize serious disruption in | 20 |
| critical State
services that affect health, safety, or | 21 |
| collections of substantial State revenue , or to ensure the
| 22 |
| integrity of State records ; provided, however, that the term of | 23 |
| the emergency purchase shall be limited to the time reasonably | 24 |
| needed for a competitive procurement, not to exceed 3 months . | 25 |
| Emergency procurements shall be made
with as much competition
| 26 |
| as is practicable under the circumstances.
A written
| 27 |
| description of the basis for the emergency and reasons for the
| 28 |
| selection of the particular
contractor shall be included in the | 29 |
| contract file.
| 30 |
| (b) Notice. Before the next appropriate volume of the | 31 |
| Illinois Procurement
Bulletin, the purchasing agency shall | 32 |
| publish in the
Illinois Procurement Bulletin a copy of each | 33 |
| written description
and reasons and the total cost
of each |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| emergency procurement made during the previous month.
When only | 2 |
| an estimate of the
total cost is known at the time of | 3 |
| publication, the estimate shall
be identified as an estimate | 4 |
| and
published. When the actual total cost is determined, it | 5 |
| shall
also be published in like manner
before the 10th day of | 6 |
| the next succeeding month.
| 7 |
| (c) Affidavits. A purchasing agency making a procurement
| 8 |
| under this Section shall file
affidavits with the chief | 9 |
| procurement officer and the Auditor General within
10 days
| 10 |
| after the procurement setting
forth the amount expended, the | 11 |
| name of the contractor involved,
and the conditions and
| 12 |
| circumstances requiring the emergency procurement. When only | 13 |
| an
estimate of the cost is
available within 10 days after the | 14 |
| procurement, the actual cost
shall be reported immediately
| 15 |
| after it is determined. At the end of each fiscal quarter, the
| 16 |
| Auditor General shall file with the
Legislative Audit | 17 |
| Commission and the Governor a complete listing
of all emergency
| 18 |
| procurements reported during that fiscal quarter. The | 19 |
| Legislative
Audit Commission shall
review the emergency | 20 |
| procurements so reported and, in its annual
reports, advise the | 21 |
| General
Assembly of procurements that appear to constitute an | 22 |
| abuse of
this Section.
| 23 |
| (d) Quick purchases. The chief procurement officer may | 24 |
| promulgate rules
extending the circumstances by which a | 25 |
| purchasing agency may make purchases
under this Section, | 26 |
| including but not limited to the procurement of items
available | 27 |
| at a discount for a limited period of time.
| 28 |
| (e) The changes to this Section made by this amendatory Act | 29 |
| of the 94th General Assembly apply to procurements executed on | 30 |
| or after its effective date.
| 31 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 32 |
| (30 ILCS 500/20-43 new)
| 33 |
| Sec. 20-43. Bidder or offeror authorized to do business in |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| Illinois. In addition to meeting any other requirement of law | 2 |
| or rule, a person (other than an individual acting as a sole | 3 |
| proprietor) may qualify as a bidder or offeror under this Code | 4 |
| only if the person is a legal entity authorized to do business | 5 |
| in Illinois prior to submitting the bid, offer, or proposal.
| 6 |
| (30 ILCS 500/35-15)
| 7 |
| Sec. 35-15. Prequalification.
| 8 |
| (a) The Director of Central Management Services , the | 9 |
| pension chief procurement officer, and the higher education
| 10 |
| chief procurement officer shall each develop appropriate
and | 11 |
| reasonable prequalification standards and categories of | 12 |
| professional and
artistic services.
| 13 |
| (b) The prequalifications and categorizations shall be | 14 |
| submitted to the
Procurement Policy Board and published for | 15 |
| public comment prior to their
submission to the Joint Committee | 16 |
| on Administrative Rules for approval.
| 17 |
| (c) The Director of Central Management Services , the | 18 |
| pension chief procurement officer, and the higher education
| 19 |
| chief procurement officer shall each also assemble and
maintain | 20 |
| a comprehensive list of prequalified and categorized | 21 |
| businesses and
persons.
| 22 |
| (d) Prequalification shall not be used to bar or prevent | 23 |
| any qualified
business or person for bidding or responding to | 24 |
| invitations for bid or
proposal.
| 25 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 26 |
| (30 ILCS 500/35-20)
| 27 |
| Sec. 35-20. Uniformity in procurement.
| 28 |
| (a) The Director of Central Management Services , the | 29 |
| pension chief procurement officer, and the higher education
| 30 |
| chief procurement officer shall each develop, cause to be
| 31 |
| printed, and distribute uniform documents for the | 32 |
| solicitation, review, and
acceptance of all professional and |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| artistic services.
| 2 |
| (b) All chief procurement officers, State purchasing | 3 |
| officers, and their
designees shall use the appropriate uniform | 4 |
| procedures and forms specified in
this Code for
all | 5 |
| professional and artistic services.
| 6 |
| (c) These forms shall include in detail, in writing, at | 7 |
| least:
| 8 |
| (1) a description of the goal to be achieved;
| 9 |
| (2) the services to be performed;
| 10 |
| (3) the need for the service;
| 11 |
| (4) the qualifications that are necessary; and
| 12 |
| (5) a plan for post-performance review.
| 13 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 14 |
| (30 ILCS 500/35-25)
| 15 |
| Sec. 35-25. Uniformity in contract.
| 16 |
| (a) The Director of Central Management Services , the | 17 |
| pension chief procurement officer, and the higher education
| 18 |
| chief procurement officer shall each develop, cause to be
| 19 |
| printed, and distribute uniform documents for the contracting | 20 |
| of professional
and artistic services.
| 21 |
| (b) All chief procurement officers, State purchasing | 22 |
| officers, and their
designees shall use the appropriate uniform | 23 |
| contracts and forms in
contracting for all professional and | 24 |
| artistic services.
| 25 |
| (c) These contracts and forms shall include in detail, in | 26 |
| writing, at least:
| 27 |
| (1) the detail listed in subsection (c) of Section | 28 |
| 35-20;
| 29 |
| (2) the duration of the contract, with a schedule of | 30 |
| delivery, when
applicable;
| 31 |
| (3) the method for charging and measuring cost (hourly, | 32 |
| per day, etc.);
| 33 |
| (4) the rate of remuneration; and
|
|
|
|
09400SB1879ham001 |
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|
| 1 |
| (5) the maximum price.
| 2 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 3 |
| (30 ILCS 500/35-30)
| 4 |
| Sec. 35-30. Awards.
| 5 |
| (a) All State contracts for professional and artistic | 6 |
| services, except as
provided in this Section, shall be awarded | 7 |
| using the
competitive request for proposal process outlined in | 8 |
| this Section.
| 9 |
| (b) For each contract offered, the chief procurement | 10 |
| officer, State
purchasing officer, or his or her designee shall | 11 |
| use the appropriate standard
solicitation
forms
available from | 12 |
| the Department of Central Management Services , the pension | 13 |
| chief procurement officer, or the higher
education chief | 14 |
| procurement officer.
| 15 |
| (c) Prepared forms shall be submitted to the Department of | 16 |
| Central
Management Services , the pension chief procurement | 17 |
| officer, or the higher education chief procurement officer,
| 18 |
| whichever is appropriate, for
publication in its Illinois | 19 |
| Procurement Bulletin and circulation to the
Department of | 20 |
| Central Management
Services' , the pension chief procurement | 21 |
| officer's, or the higher education chief procurement officer's | 22 |
| list of
prequalified vendors. Notice of the offer or request | 23 |
| for
proposal shall appear at least 14 days before the response | 24 |
| to the offer is due.
| 25 |
| (d) All interested respondents shall return their | 26 |
| responses to the
Department of Central
Management Services , the | 27 |
| pension chief procurement officer, or the higher education | 28 |
| chief procurement officer,
whichever is appropriate, which | 29 |
| shall open
and record them. The Department , the pension chief | 30 |
| procurement officer, or higher education chief procurement | 31 |
| officer
then shall forward the responses, together
with any
| 32 |
| information it has available about the qualifications and other | 33 |
| State work
of the respondents.
|
|
|
|
09400SB1879ham001 |
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|
| 1 |
| (e) After evaluation, ranking, and selection, the | 2 |
| responsible chief
procurement officer, State purchasing | 3 |
| officer, or
his or her designee shall notify the Department of | 4 |
| Central Management Services , the pension chief procurement | 5 |
| officer,
or the higher education chief procurement officer, | 6 |
| whichever is appropriate,
of the successful respondent and | 7 |
| shall forward
a copy of the signed contract for the | 8 |
| Department's , pension chief procurement officer's, or higher | 9 |
| education chief
procurement officer's file. The Department , | 10 |
| the pension chief procurement officer, or higher education | 11 |
| chief
procurement officer shall
publish the names of the
| 12 |
| responsible procurement decision-maker,
the agency letting the | 13 |
| contract, the
successful respondent, a contract reference, and | 14 |
| value of the let contract
in the next appropriate volume of the | 15 |
| Illinois Procurement Bulletin.
| 16 |
| (f) For all professional and artistic contracts with | 17 |
| annualized value
that exceeds $25,000, evaluation and ranking | 18 |
| by price are required. Any chief
procurement officer or State | 19 |
| purchasing officer,
but not their designees, may select an | 20 |
| offeror other than the lowest bidder by
price. In any case, | 21 |
| when the contract exceeds the $25,000 threshold
threshhold and
| 22 |
| the lowest bidder is not selected, the chief procurement | 23 |
| officer or the State
purchasing officer shall forward together
| 24 |
| with the contract notice of who the low bidder was and a | 25 |
| written decision as
to why another was selected to the | 26 |
| Department of Central Management Services , the pension chief | 27 |
| procurement officer, or
the higher education chief procurement | 28 |
| officer, whichever is appropriate.
The Department , the pension | 29 |
| chief procurement officer, or higher education chief | 30 |
| procurement officer shall publish as
provided in subsection (e) | 31 |
| of Section 35-30,
but
shall include notice of the chief | 32 |
| procurement officer's or State purchasing
officer's written | 33 |
| decision.
| 34 |
| (g) The Department of Central Management Services , the |
|
|
|
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|
| 1 |
| pension chief procurement officer, and higher education chief
| 2 |
| procurement officer may each refine, but not
contradict, this | 3 |
| Section by promulgating rules
for submission to the Procurement | 4 |
| Policy Board and then to the Joint Committee
on Administrative | 5 |
| Rules. Any
refinement shall be based on the principles and | 6 |
| procedures of the federal
Architect-Engineer Selection Law, | 7 |
| Public Law 92-582 Brooks Act, and the
Architectural, | 8 |
| Engineering, and Land Surveying Qualifications Based Selection
| 9 |
| Act; except that pricing shall be an integral part of the | 10 |
| selection process.
| 11 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | 12 |
| 10-19-05.)
| 13 |
| (30 ILCS 500/35-35)
| 14 |
| Sec. 35-35. Exceptions.
| 15 |
| (a) Exceptions to Section 35-30 are allowed for sole source | 16 |
| procurements,
emergency procurements, and at the discretion of | 17 |
| the chief procurement officer
or the State purchasing officer, | 18 |
| but not
their designees, for professional and artistic | 19 |
| contracts that are nonrenewable,
one year or less in duration, | 20 |
| and have a value of less than $20,000.
| 21 |
| (b) All exceptions granted under this Article must still be | 22 |
| submitted to the
Department of Central Management Services , the | 23 |
| pension chief procurement officer,
or the higher education | 24 |
| chief procurement officer, whichever is appropriate,
and | 25 |
| published as provided for in subsection (f) of Section 35-30, | 26 |
| shall name
the authorizing
chief procurement officer or State | 27 |
| purchasing officer, and shall include a
brief explanation of | 28 |
| the reason for the exception.
| 29 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 30 |
| (30 ILCS 500/35-40)
| 31 |
| Sec. 35-40. Subcontractors.
| 32 |
| (a) Any contract granted under this Article shall state |
|
|
|
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| 1 |
| whether the services
of a subcontractor will be used. The | 2 |
| contract shall include the names and
addresses of all | 3 |
| subcontractors and the expected amount of money each will
| 4 |
| receive under the contract.
| 5 |
| (b) If at any time during the term of a contract, a | 6 |
| contractor adds or
changes any subcontractors, he or she shall | 7 |
| promptly notify, in writing, the
Department of Central | 8 |
| Management Services , the pension chief procurement officer, or | 9 |
| the higher education chief
procurement officer, whichever is | 10 |
| appropriate, and the
responsible chief procurement officer, | 11 |
| State purchasing officer, or their
designee of the names and | 12 |
| addresses and the
expected amount of money each new or replaced | 13 |
| subcontractor will receive.
| 14 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 15 |
| (30 ILCS 500/40-15)
| 16 |
| Sec. 40-15. Method of source selection.
| 17 |
| (a) Request for information. Except as provided in
| 18 |
| subsections (b) and (c), all State
contracts for leases of real | 19 |
| property or capital improvements
shall be awarded by a request | 20 |
| for
information process in accordance with Section 40-20.
| 21 |
| (b) Other methods. A request for information process need
| 22 |
| not be used in procuring any
of the following leases:
| 23 |
| (1) Property of less than 10,000 square feet.
| 24 |
| (2) Rent of less than $100,000 per year.
| 25 |
| (3) Duration of less than one year that cannot be
| 26 |
| renewed.
| 27 |
| (4) Specialized space available at only one location.
| 28 |
| (5) Renewal or extension of a lease
in effect before | 29 |
| July 1, 2002 ;
provided that: (i) the chief procurement | 30 |
| officer determines in writing that the
renewal or extension | 31 |
| is in the best interest of the State; (ii) the chief
| 32 |
| procurement officer submits his or her written | 33 |
| determination and the renewal or
extension to the Board; |
|
|
|
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| 1 |
| (iii) the Board does not object in writing to the
renewal | 2 |
| or extension within 30 days after its submission; and (iv) | 3 |
| the chief
procurement officer publishes the renewal or | 4 |
| extension in the appropriate
volume of the Procurement | 5 |
| Bulletin.
| 6 |
| (c) Leases with governmental units. Leases with other
| 7 |
| governmental units may be
negotiated without using the request | 8 |
| for information process when
deemed by the chief procurement | 9 |
| officer to be
in the best interest of the State.
| 10 |
| (Source: P.A. 93-133, eff. 1-1-04; 93-839, eff. 7-30-04.)
| 11 |
| (30 ILCS 500/50-20)
| 12 |
| Sec. 50-20. Exemptions. With the approval of the | 13 |
| appropriate chief
procurement officer involved, the Governor, | 14 |
| or an executive ethics board or
commission he or she | 15 |
| designates, may exempt named individuals from the
prohibitions | 16 |
| of
Section 50-13 when, in his, her, or its judgment, the public | 17 |
| interest in
having
the
individual in the service of the State | 18 |
| outweighs the public policy evidenced in
that Section. An | 19 |
| exemption is effective only when it is filed with the
Secretary | 20 |
| of State and the Comptroller and includes a statement setting | 21 |
| forth
the name of the individual and all the pertinent facts | 22 |
| that would make that
Section applicable, setting forth the | 23 |
| reason for the exemption, and declaring
the individual exempted | 24 |
| from that Section.
Exemptions must be filed with the Secretary | 25 |
| of State and Comptroller prior to execution of any contracts. A | 26 |
| copy of
Notice of each exemption shall be published in the | 27 |
| Illinois Procurement
Bulletin in its electronic form prior to | 28 |
| execution of the contract . The changes to this Section made by | 29 |
| this amendatory Act of the 94th General Assembly apply to | 30 |
| exemptions granted on or after its effective date.
| 31 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 32 |
| (30 ILCS 500/50-37 new) |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| Sec. 50-37. Contract award disclosure. | 2 |
| (a) For the purposes of this Section: | 3 |
| "Contracting entity" means an entity that would execute any | 4 |
| contract with a State agency. | 5 |
| "Key persons" means any persons who (i) have an ownership | 6 |
| or distributive income share in the contracting entity that is | 7 |
| in excess of 5%, or an amount greater than 60% of the annual | 8 |
| salary of the Governor, or (ii) serve as executive officers of | 9 |
| the contracting entity. | 10 |
| (b) For contracts with an annual value of $50,000 or more | 11 |
| all offers from responsive bidders or offerors shall be | 12 |
| accompanied by disclosure of the names and addresses of the | 13 |
| following: | 14 |
| (1) The contracting entity. | 15 |
| (2) Any entity that is a parent of, or owns a | 16 |
| controlling interest in, the contracting entity. | 17 |
| (3) Any entity that is a subsidiary of, or in which a | 18 |
| controlling interest is owned by the contracting entity. | 19 |
| (4) The contracting entity's key persons. | 20 |
| (c) Notices of contracts let or awarded published in the | 21 |
| Procurement Bulletin pursuant to Section 15-25 shall include as | 22 |
| part of the notice posted online the names disclosed by the | 23 |
| winning bidder or offeror pursuant to subsection (b). | 24 |
| (d) The changes made to this Section made by this | 25 |
| amendatory Act of the 94th General Assembly apply to contracts | 26 |
| first offered on or after its effective date.
| 27 |
| (30 ILCS 500/53-10)
| 28 |
| Sec. 53-10. Concessions and leases of State property.
| 29 |
| (a) Except for property under the jurisdiction of a public | 30 |
| institution of
higher education, concessions, including the | 31 |
| assignment, license, sale, or
transfer of
interests in or | 32 |
| rights to discoveries, inventions, patents, or copyrightable
| 33 |
| works, may be entered into by the State agency with |
|
|
|
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|
| 1 |
| jurisdiction over the
property, whether tangible or | 2 |
| intangible. Licenses of naming rights and
sponsorship rights, | 3 |
| as those
terms are defined and used in Section 7.6 of the State | 4 |
| Property Control Act,
are
not concessions and are subject to | 5 |
| that Section 7.6.
| 6 |
| (b) Except for property under the jurisdiction of a public | 7 |
| institution of
higher education, all concessions shall be | 8 |
| reduced to writing and shall be
awarded under
the provisions of | 9 |
| Article 20, except that the contract shall be awarded to the
| 10 |
| highest and best bidder or offeror.
| 11 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 12 |
| Section 30. The State
Property Control Act is amended by | 13 |
| adding Section 7.6
as follows:
| 14 |
| (30 ILCS 605/7.6 new)
| 15 |
| Sec. 7.6. Naming and sponsorship rights; licenses.
| 16 |
| (a) Administrator's authority. The administrator, as | 17 |
| defined in this Section, is authorized to
license naming rights | 18 |
| and sponsorship rights only as provided in this Section.
Naming | 19 |
| rights and sponsorship rights regarding any property or other | 20 |
| asset of the
State to which this Section applies, whether
real, | 21 |
| personal, tangible, or intangible, may not be sold, conveyed, | 22 |
| leased,
licensed, or otherwise granted by the administrator or | 23 |
| by any other officer,
employee, or agent of
the State except as | 24 |
| provided in this Section. Naming and sponsorship rights are | 25 |
| subject to all other applicable statutes that are not | 26 |
| inconsistent with the provisions of this Section; to the extent | 27 |
| of any conflict, however, this Section controls.
| 28 |
| (b) Certain properties and other assets; no license. Naming | 29 |
| rights and sponsorship rights may not be
licensed with respect | 30 |
| to (i) any of the following or (ii) any property or other asset | 31 |
| associated with any of the following:
| 32 |
| (1) the State Capitol Building in Springfield, |
|
|
|
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|
| 1 |
| Illinois;
| 2 |
| (2) the Old State Capitol Building in Springfield, | 3 |
| Illinois;
| 4 |
| (3) the Vandalia State House in Vandalia, Illinois;
| 5 |
| (4) the Executive Mansion in Springfield, Illinois;
| 6 |
| (5) the Executive Mansion, also known as the Hayes | 7 |
| House, in Du Quoin,
Illinois;
| 8 |
| (6) the Abraham Lincoln Home in Springfield, Illinois, | 9 |
| if it becomes State
real property not under the | 10 |
| jurisdiction of the federal government;
| 11 |
| (7) the Lincoln Tomb in Springfield, Illinois;
| 12 |
| (8) the Abraham Lincoln Presidential Library and | 13 |
| Museum in
Springfield, Illinois;
| 14 |
| (9) all present and future Abraham Lincoln sites not | 15 |
| otherwise listed;
| 16 |
| (10) all Illinois homes of all past, present, or future | 17 |
| United States
Presidents who have resided, currently | 18 |
| reside, or in the future will reside in
the State of | 19 |
| Illinois;
| 20 |
| (11) the burial sites of all past, present, or future | 21 |
| United States
Presidents;
| 22 |
| (12) the Illinois State Museum in Springfield, | 23 |
| Illinois;
| 24 |
| (13) any State property or other asset identified or | 25 |
| named for a specific
individual by Joint Resolution of the | 26 |
| General Assembly or by statute as of the
effective
date of | 27 |
| this Section or later; and
| 28 |
| (14) any other State property or asset that on the | 29 |
| effective date of this
Section or later is designated a | 30 |
| National Historic Landmark, listed as a State
Historic
Site | 31 |
| under Section 6 of the Historic Preservation Agency Act, or | 32 |
| listed on
either the
Illinois Register of Historic Places | 33 |
| or the National Register of Historic
Places, unless the | 34 |
| State property is a university sports stadium and the |
|
|
|
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|
| 1 |
| federal or State agency that made the designation has the | 2 |
| authority to consent and does consent in writing.
| 3 |
| (c) Terms and conditions of licenses. A license of naming | 4 |
| rights or
sponsorship rights (i) may have a
term of no
more | 5 |
| than 10 years and shall include a termination option in favor | 6 |
| of the State after 5 years, (ii) is non-transferable, and (iii) | 7 |
| is non-renewable (at the end of a
term of a license, however, | 8 |
| the licensee is eligible to compete for a new
license as
| 9 |
| provided in subsection (d)). The licensee
shall have the
| 10 |
| authority to place signs, placards, imprints, or other | 11 |
| identifying information only on the properties or other assets | 12 |
| specified
in the license and
only during the term of the | 13 |
| license. The signs, placards, imprints, or other identifying | 14 |
| information may contain nothing
other than the
name of the | 15 |
| licensee, the licensee's logo, or both, except that with the
| 16 |
| written approval of the administrator they may contain other | 17 |
| authorized material. The
license may, but need
not, require the | 18 |
| State
to refer to a property or other asset by the name of the | 19 |
| licensee during the term
of the license, all within reasonable | 20 |
| limitations and other than in statutes,
rules, and existing | 21 |
| supplies of forms and other documents. Except with respect to | 22 |
| property or other assets of a public institution of higher | 23 |
| education, no naming or sponsorship right, however, may be | 24 |
| characterized or treated as "official" or in a similar fashion. | 25 |
| If a
licensee materially breaches any term of a license and the | 26 |
| Executive Ethics
Commission recommends that the license be | 27 |
| revoked, then the administrator may
declare the license
| 28 |
| revoked. At least 25% of the total amount of license fees must | 29 |
| be paid prior to the commencement of the term of
the license. | 30 |
| Any balance shall be paid on a periodic schedule agreed to by | 31 |
| the administrator. All fees are
non-refundable. Fees shall be | 32 |
| deposited into the General Revenue Fund, except that, if a fund | 33 |
| or account has been designated in a license granted by an | 34 |
| administrator designated by the Attorney General, the |
|
|
|
09400SB1879ham001 |
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| 1 |
| Secretary of State, the Comptroller, the Treasurer, or a public | 2 |
| institution of higher education, then fees under the applicable | 3 |
| license shall be deposited into the designated fund or account.
| 4 |
| (d) Competitive negotiation. A license of naming rights or
| 5 |
| sponsorship rights may be granted only on the basis of the | 6 |
| highest and best
competitively negotiated proposal that yields | 7 |
| the most advantageous benefits and considerations to the State. | 8 |
| The administrator shall give notice that
the administrator will | 9 |
| accept proposals for the licensing of naming rights or
| 10 |
| sponsorship rights with respect to any one or more specified | 11 |
| properties or other assets by
publication in the Illinois | 12 |
| Procurement Bulletin not less than 7 business days before
the | 13 |
| day upon which proposals will be accepted. The administrator | 14 |
| shall give such other notice
as the administrator deems | 15 |
| appropriate. Proposals shall not be sealed and
shall be part of | 16 |
| the public record. The administrator shall conduct open,
| 17 |
| competitive negotiations with those who have submitted | 18 |
| proposals in order
to obtain the highest and best competitively | 19 |
| negotiated proposal that yields the most advantageous benefits | 20 |
| and considerations to the State. The administrator may give | 21 |
| notice of and negotiate multiple licenses for identical naming | 22 |
| or sponsorship rights as part of a single notice, negotiation, | 23 |
| and licensing process. In the case of naming or sponsorship | 24 |
| rights for a single event or a continuous series of related | 25 |
| events, the administrator may grant multiple licenses not based | 26 |
| on the standard of "highest and best" proposals if the end | 27 |
| result is the most beneficial to the State. If a
proposal | 28 |
| satisfactory to the administrator is not negotiated, the | 29 |
| administrator
may give notice as provided in this subsection | 30 |
| and accept additional
proposals.
| 31 |
| Subject to the provisions of this Section, the
| 32 |
| administrator shall have all power necessary to grant the | 33 |
| license and enter
into any agreements
and execute any documents | 34 |
| necessary to exercise the authority granted by this
Section. |
|
|
|
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|
| 1 |
| The
administrator shall have authority to order such surveys, | 2 |
| abstracts of title,
or commitments for
title insurance as may, | 3 |
| in the administrator's reasonable discretion, be deemed
| 4 |
| necessary to demonstrate
good and marketable title to the | 5 |
| naming rights or sponsorship rights.
| 6 |
| (e) Personal gifts. If one or more natural persons, as | 7 |
| such, make a gift, bequest, or devise to a State officer or | 8 |
| entity to which this Section applies and that does not result | 9 |
| in any pecuniary benefit (other than a tax benefit) to the | 10 |
| person or persons, then, at the request of the administrator | 11 |
| and with the approval of the Executive Ethics Commission in the | 12 |
| same manner as provided in subsection (f), the administrator | 13 |
| may grant naming rights, sponsorship rights, or both, so long | 14 |
| as the rights are of no pecuniary benefit to the person or | 15 |
| persons, subject only to the limitations in subsection (c) on | 16 |
| identifying information and characterization as "official" or | 17 |
| in a similar fashion. The sole purpose of the gift, bequest, or | 18 |
| devise must be to assist the recipient in fulfilling the | 19 |
| recipient's core mission or purpose.
| 20 |
| (f) Approval by Executive Ethics Commission. Upon | 21 |
| determining to grant a license, the
administrator must, within | 22 |
| 15 calendar days,
deliver a written notice setting forth all of | 23 |
| the pertinent facts relating to
the proposal, proposer, and | 24 |
| proposed license to the Executive Ethics Commission. A license | 25 |
| shall not be granted unless approved in advance by the | 26 |
| Commission. If the
administrator
proposes to amend an existing | 27 |
| license, the administrator must deliver notice of
the proposed | 28 |
| amendment to
the Commission within 15 calendar days, and the | 29 |
| amendment shall not be made unless approved in advance by the | 30 |
| Commission. The Commission's review shall be based solely on | 31 |
| ethical and ethics related standards imposed by the law and on | 32 |
| avoiding the appearance of impropriety. The Commission's | 33 |
| approval shall not be unreasonably withheld.
| 34 |
| Within 40 calendar days after its actual receipt from the |
|
|
|
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|
| 1 |
| administrator of notice of a proposed license or amendment to a | 2 |
| license, the Commission shall either approve or disapprove the | 3 |
| proposed license or amendment and shall notify the | 4 |
| administrator and other parties to the proposed license or | 5 |
| amendment of its decision. The Commission may, in its | 6 |
| discretion and before the running of the time period in which | 7 |
| it must make a decision, grant itself one extension of up to an | 8 |
| additional 40 calendar days in which to make a decision by | 9 |
| notifying the administrator and other parties to the proposed | 10 |
| license or amendment. If the Commission requests additional or | 11 |
| supplemental information from the administrator or a party to | 12 |
| the proposed license or amendment, the running of the time | 13 |
| limit in which the Commission must make its decision is | 14 |
| suspended, and the 40-day period begins anew when the | 15 |
| information is delivered to the Commission. If the Commission | 16 |
| fails to render a decision within the applicable time period, | 17 |
| the proposed license or amendment is deemed approved.
| 18 |
| (g) Rules. Each administrator and the Executive Ethics | 19 |
| Commission may,
separately, adopt rules to implement their | 20 |
| several functions under this
Section. The rules may
not, | 21 |
| however, waive or provide for the waiver of any of the | 22 |
| requirements of
this Section except as provided in this | 23 |
| subsection. The Executive Ethics Commission may adopt rules | 24 |
| authorizing the administrator to grant licenses without | 25 |
| pre-approval under subsection (f), but the rules must specify, | 26 |
| by category, those emergency and other extenuating situations | 27 |
| in which pre-approval is waived, must provide for prompt review | 28 |
| by the Commission after the granting of the license, and may | 29 |
| contain other provisions the Commission deems necessary to | 30 |
| prevent abuse of this procedure.
| 31 |
| (h) Blind vendors. The provisions of this Section are | 32 |
| subject to, and do not supersede, any of the provisions of the | 33 |
| Blind Persons Operating Vending Facilities Act, any other State | 34 |
| or federal law granting preference to blind persons, or any |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| rules or regulations adopted pursuant to any of those laws.
| 2 |
| (i) Small consideration. If the value of the consideration | 3 |
| for an individual naming or sponsorship right does not exceed | 4 |
| $25,000, the administrator may grant the right, subject only to | 5 |
| the limitations in subsection (c) on identifying information | 6 |
| and characterization as "official" or in a similar fashion, but | 7 |
| the administrator must deliver a written notice giving the | 8 |
| details to the Executive Ethics Commission at least one full | 9 |
| business day before the administrator agrees to grant the | 10 |
| right. Naming or sponsorship rights shall not be artificially | 11 |
| divided in an attempt to qualify under this subsection.
| 12 |
| (j) Applicability. This Section does not apply to naming | 13 |
| rights and sponsorship rights with respect to property or other | 14 |
| assets under the jurisdiction and control of the legislative | 15 |
| branch or the judicial branch of the State. This Section | 16 |
| applies to all naming rights and sponsorship rights granted | 17 |
| with respect to the State Fair, as defined in Section 2 of the | 18 |
| State Fair Act, on or after January 1, 2006. This Section | 19 |
| applies to all other naming rights and sponsorship rights | 20 |
| granted on or after the effective date of this amendatory Act | 21 |
| of the 94th General Assembly.
| 22 |
| (k) Retention of records. The administrator must maintain | 23 |
| all records relating to (i) each license of naming rights or | 24 |
| sponsorship rights for at least 7 years after the expiration of | 25 |
| the term of the license and (ii) each proposal for naming | 26 |
| rights or sponsorship rights that does not result in a license | 27 |
| being granted to the proposer for at least 7 years after the | 28 |
| proposal was submitted.
| 29 |
| (l) Definitions. In this Section:
| 30 |
| Notwithstanding Section 1.03 of this Act, in this Section | 31 |
| "administrator" means (i) an officer or employee designated by | 32 |
| the Attorney General with respect to the property and other | 33 |
| assets under the jurisdiction and control of the Attorney | 34 |
| General; (ii) an officer or employee designated by the |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| Secretary of State with respect to the property and other | 2 |
| assets under the jurisdiction and control of the Secretary of | 3 |
| State; (iii) an officer or employee designated by the | 4 |
| Comptroller with respect to the property and other assets under | 5 |
| the jurisdiction and control of the Comptroller; (iv) an | 6 |
| officer or employee designated by the Treasurer with respect to | 7 |
| the property and other assets under the jurisdiction and | 8 |
| control of the Treasurer; (v) an officer or employee designated | 9 |
| by the board of trustees of a public institution of higher | 10 |
| education, as defined in Section 1 of the Board of Higher | 11 |
| Education Act, with respect to the property and other assets | 12 |
| under the jurisdiction and control of that public institution | 13 |
| of higher education; and (vi) the Director of Central | 14 |
| Management Services with respect to all other property and | 15 |
| other assets to which this Section applies.
| 16 |
| "Naming rights" means the right to associate the name
or | 17 |
| identifying mark of any person or entity with the name or | 18 |
| identity of any
State property or other asset.
| 19 |
| "Sponsorship rights" means the right
to associate the name | 20 |
| or identifying mark of any person or entity
with
any State | 21 |
| program or event
on the
grounds of, in, or with respect to any | 22 |
| State property or other asset.
| 23 |
| (m) This Section shall be construed to ensure that all | 24 |
| naming and sponsorship rights are strictly controlled under the | 25 |
| terms of this Section.
| 26 |
| (n) Severability. The provisions of this Section are | 27 |
| severable under Section
1.31 of the
Statute on Statutes.
| 28 |
| Section 35. The Illinois Pension Code is amended by | 29 |
| changing Sections 1-101.2, 1-101.4, 1-110, 1-113.5, 1-113.12, | 30 |
| 1A-113, 22A-108.1, and 22A-111 and by adding Sections 1-125, | 31 |
| 1-130, 1-135, and 1-140 as follows:
| 32 |
| (40 ILCS 5/1-101.2)
|
|
|
|
09400SB1879ham001 |
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|
| 1 |
| Sec. 1-101.2. Fiduciary. A person is a "fiduciary" with | 2 |
| respect to a
pension fund or retirement system established | 3 |
| under this Code to the
the extent
that the person:
| 4 |
| (1) exercises any discretionary authority or | 5 |
| discretionary control
respecting management of the pension | 6 |
| fund or retirement system, or exercises
any authority or | 7 |
| control respecting management or disposition of its | 8 |
| assets;
| 9 |
| (2) renders investment advice for a fee or other | 10 |
| compensation, direct or
indirect, with respect to any | 11 |
| moneys or other property of the pension fund or
retirement | 12 |
| system, or has any authority or responsibility to do so; or
| 13 |
| (3) has any discretionary authority or discretionary | 14 |
| responsibility in the
administration of the pension fund or | 15 |
| retirement system.
| 16 |
| (Source: P.A. 90-507, eff. 8-22-97 .)
| 17 |
| (40 ILCS 5/1-101.4)
| 18 |
| Sec. 1-101.4. Investment adviser. A person is an | 19 |
| "investment adviser",
"investment advisor", or "investment | 20 |
| manager" with respect to a pension fund or
retirement system | 21 |
| established under this Code if the
the person:
| 22 |
| (1) is a fiduciary appointed by the board of trustees | 23 |
| of the pension fund
or retirement system in accordance with | 24 |
| Section 1-109.1;
| 25 |
| (2) has the power to manage, acquire, or dispose of any | 26 |
| asset of the
retirement system or pension fund;
| 27 |
| (3) has acknowledged in writing that he or she is a | 28 |
| fiduciary with respect
to the pension fund or retirement | 29 |
| system; and
| 30 |
| (4) is at least one of the following: (i) registered as | 31 |
| an investment
adviser under the federal Investment | 32 |
| Advisers Act of 1940 (15 U.S.C. 80b-1, et
seq.) and
; (ii) | 33 |
| registered as an investment adviser under the Illinois |
|
|
|
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|
| 1 |
| Securities
Law of 1953; (ii)
(iii) a bank, as defined in | 2 |
| the Investment Advisers Act of 1940;
or (iii)
(iv) an | 3 |
| insurance company authorized to transact business in this | 4 |
| State.
| 5 |
| (Source: P.A. 90-507, eff. 8-22-97.)
| 6 |
| (40 ILCS 5/1-110) (from Ch. 108 1/2, par. 1-110)
| 7 |
| Sec. 1-110. Prohibited Transactions.
| 8 |
| (a) A fiduciary with respect to a retirement system or | 9 |
| pension fund shall
not cause the retirement system or pension | 10 |
| fund to engage in a transaction if
he or she knows or should | 11 |
| know that such transaction constitutes a direct or
indirect:
| 12 |
| (1) Sale or exchange, or leasing of any property from | 13 |
| the retirement
system
or pension fund to a party in | 14 |
| interest for less than adequate consideration,
or from a | 15 |
| party in interest to a retirement system or pension fund | 16 |
| for more
than adequate consideration.
| 17 |
| (2) Lending of money or other extension of credit from | 18 |
| the retirement
system or pension fund to a party in | 19 |
| interest without the receipt of adequate
security and a | 20 |
| reasonable rate of interest, or from a party in interest to
| 21 |
| a retirement system or pension fund with the provision of | 22 |
| excessive security
or an unreasonably high rate of | 23 |
| interest.
| 24 |
| (3) Furnishing of goods, services or facilities from | 25 |
| the retirement
system or pension fund to a party in | 26 |
| interest for less than adequate
consideration, or from a | 27 |
| party in interest to a retirement system or
pension fund | 28 |
| for more than adequate consideration.
| 29 |
| (4) Transfer to, or use by or for the benefit of, a | 30 |
| party in interest
of any assets of a retirement system or | 31 |
| pension fund for less than adequate
consideration.
| 32 |
| (b) A fiduciary with respect to a retirement system or | 33 |
| pension fund
established under this Code shall not:
|
|
|
|
09400SB1879ham001 |
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|
| 1 |
| (1) Deal with the assets of the retirement system or | 2 |
| pension fund in his
own interest or for his own account;
| 3 |
| (2) In his individual or any other capacity act in any | 4 |
| transaction
involving the retirement system or pension | 5 |
| fund on behalf of a party whose
interests are adverse to | 6 |
| the interests of the retirement system or pension fund
or | 7 |
| the interests of its participants or beneficiaries; or
| 8 |
| (3) Receive any consideration for his own personal | 9 |
| account from any party
dealing with the retirement system | 10 |
| or pension fund in connection with a
transaction involving | 11 |
| the assets of the retirement system or pension
fund.
| 12 |
| (c) Nothing in this Section shall be construed to prohibit | 13 |
| any trustee from:
| 14 |
| (1) Receiving any benefit to which he may be entitled | 15 |
| as a participant
or beneficiary in the retirement system or | 16 |
| pension fund.
| 17 |
| (2) Receiving any reimbursement of expenses properly | 18 |
| and actually incurred
in the performance of his duties with | 19 |
| the retirement system or pension fund.
| 20 |
| (3) Serving as a trustee in addition to being an | 21 |
| officer, employee, agent
or other representative of a party | 22 |
| in interest.
| 23 |
| (d) A fiduciary with respect to a retirement system or | 24 |
| pension fund shall
not knowingly cause or advise the retirement | 25 |
| system or pension fund to engage in an investment transaction | 26 |
| when the fiduciary (i) has any direct interest in
the income, | 27 |
| gains, or profits of the investment dealer through which the | 28 |
| investment transaction is made or (ii) has a business | 29 |
| relationship with that investment dealer that would result in a | 30 |
| pecuniary benefit to the fiduciary as a result of the | 31 |
| investment transaction. | 32 |
| For the purposes of this subsection (d), "investment | 33 |
| dealer" means any person who engages, either full time or part | 34 |
| time, directly or indirectly, as an agent, broker, or
|
|
|
|
09400SB1879ham001 |
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| 1 |
| principal, in the business of offering, selling, buying and | 2 |
| selling, or
otherwise dealing or trading in securities issued | 3 |
| by another person or in other investments owned or controlled | 4 |
| by another person.
| 5 |
| Whoever violates the provisions of this
subsection (d) is | 6 |
| guilty of a Class 3 felony.
| 7 |
| (Source: P.A. 88-535.)
| 8 |
| (40 ILCS 5/1-113.5)
| 9 |
| Sec. 1-113.5. Investment advisers and investment services.
| 10 |
| (a) The board of trustees of a pension fund or retirement | 11 |
| system may appoint investment advisers
as defined in Section | 12 |
| 1-101.4. The board of any pension fund investing in
common or | 13 |
| preferred stock under Section 1-113.4 shall appoint an | 14 |
| investment
adviser before making such investments.
| 15 |
| The investment adviser shall be a fiduciary, as defined in | 16 |
| Section 1-101.2,
with respect to the pension fund or retirement | 17 |
| system and shall be one of the following:
| 18 |
| (1) an investment adviser registered under the federal | 19 |
| Investment Advisers
Act of 1940 and the Illinois Securities | 20 |
| Law of 1953;
| 21 |
| (2) a bank or trust company authorized to conduct a | 22 |
| trust business in
Illinois;
| 23 |
| (3) a life insurance company authorized to transact | 24 |
| business in Illinois;
or
| 25 |
| (4) an investment company as defined and registered | 26 |
| under the federal
Investment Company Act of 1940 and | 27 |
| registered under the Illinois Securities Law
of 1953.
| 28 |
| (a-5) For the board of trustees of a pension fund or | 29 |
| retirement system created under Article 2, 14, 15, 16, or 18, | 30 |
| the selection and appointment of an investment adviser and the | 31 |
| contracting for investment services by an investment adviser | 32 |
| constitute procurements of professional and artistic services | 33 |
| under the Illinois Procurement Code that must be made and |
|
|
|
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|
| 1 |
| awarded in accordance with and through the use of the method of | 2 |
| selection required by Article 35 of that Code. For the board of | 3 |
| trustees of a pension fund or retirement system created under | 4 |
| any other Article of this Code, the selection and appointment | 5 |
| of an investment adviser and the contracting for investment | 6 |
| services by an investment adviser constitute procurements that | 7 |
| must be made and awarded in a manner substantially similar to | 8 |
| the method of selection required for the procurement of | 9 |
| professional and artistic services under Article 35 of the | 10 |
| Illinois Procurement Code.
| 11 |
| (b) All investment advice and services provided by an | 12 |
| investment adviser
appointed under this Section shall be (i) | 13 |
| rendered pursuant to a written contract
between the investment | 14 |
| adviser and the board , awarded as provided in subsection (a-5) , | 15 |
| and (ii) in accordance with the
board's investment policy. | 16 |
| Notwithstanding any other provision of law, a contract awarded | 17 |
| under this Section shall not exceed 5 years in duration. No | 18 |
| contract awarded under this Section may be renewed or extended. | 19 |
| No entity awarded a contract under this Section, or an | 20 |
| affiliated entity of that entity, may be awarded another | 21 |
| contract under this Section less than 5 years after the date | 22 |
| the term of the earlier contract ends. For the purpose of this | 23 |
| subsection, an "affiliated entity" means (i) any subsidiary of | 24 |
| the contractor, (ii) any member of the same unitary business | 25 |
| group as the contractor, (iii) any person with an ownership | 26 |
| interest or distributive share of the contractor in excess of | 27 |
| 5%, (iv) an executive employee of the contractor, or (v) the | 28 |
| spouse or minor child of a person described in (iii) or (iv).
| 29 |
| The contract shall include all of the following:
| 30 |
| (1) acknowledgement in writing by the investment | 31 |
| adviser that he or she
is a fiduciary with respect to the | 32 |
| pension fund or retirement system ;
| 33 |
| (2) the board's investment policy;
| 34 |
| (3) full disclosure of direct and indirect fees, |
|
|
|
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| 1 |
| commissions, penalties,
and any other compensation that | 2 |
| may be received by the investment adviser,
including | 3 |
| reimbursement for expenses; and
| 4 |
| (4) a requirement that the investment adviser submit | 5 |
| periodic written
reports, on at least a quarterly basis, | 6 |
| for the board's review at its regularly
scheduled meetings. | 7 |
| All returns on investment shall be reported as net returns
| 8 |
| after payment of all fees, commissions, and any other | 9 |
| compensation.
| 10 |
| (b-5) Each contract described in subsection (b) shall also | 11 |
| include (i) full disclosure of direct and indirect fees, | 12 |
| commissions, penalties, and other compensation, including | 13 |
| reimbursement for expenses, that may be paid by or on behalf of | 14 |
| the investment adviser in connection with the provision of | 15 |
| investment services and (ii) a requirement that the investment | 16 |
| adviser update the disclosure promptly after a modification of | 17 |
| those payments or an additional payment. | 18 |
| Within 30 days after the effective date of this amendatory | 19 |
| Act of the 94th General Assembly, each investment adviser | 20 |
| currently providing investment services or subject to an | 21 |
| existing contract for the provision of investment services must | 22 |
| disclose to the board of trustees all direct and indirect fees, | 23 |
| commissions, penalties, and other compensation paid by or on | 24 |
| behalf of the investment adviser in connection with the | 25 |
| provision of those investment services and shall update that | 26 |
| disclosure promptly after a modification of those payments or | 27 |
| an additional payment.
| 28 |
| A person required to make a disclosure under subsection (d) | 29 |
| is also required to disclose direct and indirect fees, | 30 |
| commissions, penalties, or other compensation that shall or may | 31 |
| be paid by or on behalf of the person in connection with the | 32 |
| rendering of the investment services. The person shall update | 33 |
| the disclosure promptly after a modification of those payments | 34 |
| or an additional payment. |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| The disclosures required by this subsection shall be in | 2 |
| writing and shall include the date and amount of each payment | 3 |
| and the name and address of each recipient of a payment.
| 4 |
| (c) Within 30 days after appointing an investment adviser, | 5 |
| the board shall
submit a copy of the contract to the Division
| 6 |
| Department of Insurance of the Department of Financial and | 7 |
| Professional Regulation .
| 8 |
| (d) Investment services provided by a person other than an | 9 |
| investment
adviser appointed under this Section, including but | 10 |
| not limited to services
provided by the kinds of persons listed | 11 |
| in items (1) through (4) of subsection
(a), shall be rendered | 12 |
| only after full written disclosure of direct and
indirect fees, | 13 |
| commissions, penalties, and any other compensation that shall | 14 |
| or
may be received by the person rendering those services.
| 15 |
| (e) The board of trustees of each pension fund or | 16 |
| retirement system shall retain records of
investment | 17 |
| transactions in accordance with the rules of the Department of
| 18 |
| Insurance.
| 19 |
| (f) This subsection applies to the board of trustees of a | 20 |
| pension fund or retirement system created under Article 2, 14, | 21 |
| 15, 16, or 18. Notwithstanding any other provision of law, a | 22 |
| board of trustees shall comply with the Business Enterprise for | 23 |
| Minorities, Females, and Persons with Disabilities Act. The | 24 |
| board of trustees shall post upon its website the percentage of | 25 |
| its contracts awarded under this Section currently and during | 26 |
| the preceding 5 fiscal years that were awarded to "minority | 27 |
| owned businesses", "female owned businesses", and "businesses | 28 |
| owned by a person with a disability", as those terms are | 29 |
| defined in the Business Enterprise for Minorities, Females, and | 30 |
| Persons with Disabilities Act.
| 31 |
| (Source: P.A. 90-507, eff. 8-22-97.)
| 32 |
| (40 ILCS 5/1-113.12)
| 33 |
| Sec. 1-113.12. Application. Sections 1-113.1 through |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| 1-113.10 apply only
to pension funds established under Article | 2 |
| 3 or 4 of this Code , except that Section 1-113.5 applies to all | 3 |
| pension funds and retirement systems established under this | 4 |
| Code .
| 5 |
| (Source: P.A. 90-507, eff. 8-22-97.)
| 6 |
| (40 ILCS 5/1-125 new) | 7 |
| Sec. 1-125. No monetary gain on investments. No trustee or | 8 |
| employee of the board of any retirement system or pension fund | 9 |
| or of the Illinois State Board of Investment shall have any | 10 |
| direct interest in
the income, gains, or profits of any | 11 |
| investments made in behalf of the
retirement system or pension | 12 |
| fund or of the Illinois State Board of Investment, nor receive | 13 |
| any pay
or emolument for services in
connection with any | 14 |
| investment. No trustee or employee of the board of any | 15 |
| retirement system or pension fund or the Illinois State Board | 16 |
| of Investment shall
become an endorser or surety, or in any | 17 |
| manner an obligor for money loaned
or borrowed from the | 18 |
| retirement system or pension fund or the Illinois State Board | 19 |
| of Investment. Whoever violates any of the provisions of this
| 20 |
| Section is guilty of a Class 3 felony. | 21 |
| (40 ILCS 5/1-130 new) | 22 |
| Sec. 1-130. Fraud. Any person who knowingly makes any false | 23 |
| statement, or falsifies or
permits to be falsified any record | 24 |
| of a retirement system or pension fund or of the Illinois State | 25 |
| Board of Investment, in an attempt to
defraud the retirement | 26 |
| system or pension fund or the Illinois State Board of | 27 |
| Investment, is guilty of a Class 3 felony. | 28 |
| (40 ILCS 5/1-135 new) | 29 |
| Sec. 1-135. Prohibition on gifts. | 30 |
| (a) For the purposes of this Section: | 31 |
| (1) "Board" means (i) the board of trustees of a |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| pension fund or retirement system created under this Code | 2 |
| or (ii) the Illinois State Board of Investment created | 3 |
| under Article 22A of this Code. | 4 |
| (2) "Gift" means a gift as defined in Section 1-5 of | 5 |
| the State Officials and Employees Ethics Act. | 6 |
| (3) "Prohibited source" is a person or entity who: | 7 |
| (i) is seeking official action (A) by the board, | 8 |
| (B) by a board member, or (C) in the case of a board | 9 |
| employee, by the employee, the board, a board member, | 10 |
| or another employee directing the employee; | 11 |
| (ii) does business or seeks to do business (A) with | 12 |
| the board, (B) with a board member, or (C) in the case | 13 |
| of a board employee, with the employee, the board, a | 14 |
| board member, or another employee directing the | 15 |
| employee; | 16 |
| (iii) has interests that may be substantially | 17 |
| affected by the performance or non-performance of the | 18 |
| official duties of the board member or employee; or | 19 |
| (iv) is registered or required to be registered | 20 |
| with the Secretary of State under the Lobbyist | 21 |
| Registration Act, except that an entity not otherwise a | 22 |
| prohibited source does not become a prohibited source | 23 |
| merely because a registered lobbyist is one of its | 24 |
| members or serves on its board of directors. | 25 |
| (b) No board member or employee shall solicit or accept any | 26 |
| gift from a prohibited source or from an officer, agent, or | 27 |
| employee of a prohibited source. No prohibited source or | 28 |
| officer, agent, or employee of a prohibited source shall offer | 29 |
| to a board member or employee any gift. | 30 |
| (c) Violation of this Section is a Class A misdemeanor. In | 31 |
| addition, a board member or employee who violates this Section | 32 |
| forfeits his or her office or employment and shall be removed | 33 |
| from that office or employment. |
|
|
|
09400SB1879ham001 |
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|
| 1 |
| (40 ILCS 5/1-140 new)
| 2 |
| Sec. 1-140. Contingent fees. No person shall retain or | 3 |
| employ another to attempt to influence the outcome of an | 4 |
| investment decision of or the procurement of investment advice | 5 |
| or services by a board of a pension fund or retirement system | 6 |
| or the Illinois State Board of Investment for compensation | 7 |
| contingent in whole or in part upon the decision or | 8 |
| procurement, and no person shall accept any such retainer or | 9 |
| employment for compensation contingent in whole or in part upon | 10 |
| the decision or procurement. Any person who violates this | 11 |
| Section is guilty of a business offense and shall be fined not | 12 |
| more than $10,000. In addition, any person convicted of a | 13 |
| violation of this Section is prohibited for a period of 3 years | 14 |
| from conducting such activities.
| 15 |
| (40 ILCS 5/1A-113)
| 16 |
| Sec. 1A-113. Penalties.
| 17 |
| (a) A pension fund that fails, without just cause, to file | 18 |
| its annual
statement within the time prescribed under Section | 19 |
| 1A-109 shall pay to the
Department a penalty to be determined | 20 |
| by the Department, which shall not exceed
$100 for each day's | 21 |
| delay.
| 22 |
| (b) A pension fund that fails, without just cause, to file | 23 |
| its actuarial
statement within the time prescribed under | 24 |
| Section 1A-110 or 1A-111 shall pay
to the Department a penalty | 25 |
| to be determined by the Department, which shall not
exceed $100 | 26 |
| for each day's delay.
| 27 |
| (c) A pension fund that fails to pay a fee within the time | 28 |
| prescribed under
Section 1A-112 shall pay to the Department a | 29 |
| penalty of 5% of the amount of the
fee for each month or part of | 30 |
| a month that the fee is late. The entire penalty
shall not | 31 |
| exceed 25% of the fee due.
| 32 |
| (d) This subsection applies to any governmental unit, as | 33 |
| defined in Section
1A-102, that is subject to any law |
|
|
|
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|
| 1 |
| establishing a pension fund or retirement
system for the | 2 |
| benefit of employees of the governmental unit.
| 3 |
| Whenever the Division determines by examination, | 4 |
| investigation, or in any
other manner that the governing body | 5 |
| or any elected or appointed officer or
official of a | 6 |
| governmental unit has failed to comply with any provision of | 7 |
| that
law:
| 8 |
| (1) The Director shall notify in writing the governing | 9 |
| body, officer, or
official of the specific provision or | 10 |
| provisions of the law with which the
person has failed to | 11 |
| comply.
| 12 |
| (2) Upon receipt of the notice, the person notified | 13 |
| shall take immediate
steps to comply with the provisions of | 14 |
| law specified in the notice.
| 15 |
| (3) If the person notified fails to comply within a | 16 |
| reasonable time after
receiving the notice, the Director | 17 |
| may hold a hearing at which the person
notified may show | 18 |
| cause for noncompliance with the law.
| 19 |
| (4) If upon hearing the Director determines that good | 20 |
| and sufficient cause
for noncompliance has not been shown, | 21 |
| the Director may order the person to
submit evidence of | 22 |
| compliance within a specified period of not less than 30
| 23 |
| days.
| 24 |
| (5) If evidence of compliance has not been submitted to | 25 |
| the Director
within the period of time prescribed in the | 26 |
| order and no administrative appeal
from the order has been | 27 |
| initiated, the Director may assess a civil penalty of
up to | 28 |
| $2,000 against the governing body, officer, or
official for | 29 |
| each noncompliance with an order of the Director.
| 30 |
| The Director shall develop by rule, with as much | 31 |
| specificity as
practicable, the standards and criteria to be | 32 |
| used in assessing penalties and
their amounts. The standards | 33 |
| and criteria shall include, but need not be
limited to, | 34 |
| consideration of evidence of efforts made in good faith to |
|
|
|
09400SB1879ham001 |
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| 1 |
| comply
with applicable legal requirements. This rulemaking is | 2 |
| subject to the
provisions of the Illinois Administrative | 3 |
| Procedure Act.
| 4 |
| If a penalty is not paid within 30 days of the date of | 5 |
| assessment, the
Director without further notice shall report | 6 |
| the act of noncompliance to the
Attorney General of this State. | 7 |
| It shall be the duty of the Attorney General
or, if the | 8 |
| Attorney General so designates, the State's Attorney of the | 9 |
| county
in which the governmental unit is located to apply | 10 |
| promptly by complaint on
relation of the Director of Insurance | 11 |
| in the name of the people of the State of
Illinois, as | 12 |
| plaintiff, to the circuit court of the county in which the
| 13 |
| governmental unit is located for enforcement of the penalty | 14 |
| prescribed in this
subsection or for such additional relief as | 15 |
| the nature of the case and the
interest of the employees of the | 16 |
| governmental unit or the public may require.
| 17 |
| (e)
Whoever knowingly makes a false certificate, entry, or | 18 |
| memorandum upon
any of the books or papers pertaining to any | 19 |
| pension fund or upon any
statement, report, or exhibit filed or | 20 |
| offered for file with the Division or
the Director of Insurance | 21 |
| in the course of any examination, inquiry, or
investigation, | 22 |
| with intent to deceive the Director, the Division, or any of | 23 |
| its
employees is guilty of a Class 3 felony
A misdemeanor .
| 24 |
| (Source: P.A. 90-507, eff. 8-22-97.)
| 25 |
| (40 ILCS 5/22A-108.1) (from Ch. 108 1/2, par. 22A-108.1)
| 26 |
| Sec. 22A-108.1. Investment Advisor: Any person or business | 27 |
| entity
which provides investment advice to the
the Board on a | 28 |
| personalized basis and with an
understanding of the policies | 29 |
| and goals of the Board. "Investment Advisor" shall
not include | 30 |
| any person or business entity which provides statistical or | 31 |
| general
market research data available for purchase or use by | 32 |
| others.
| 33 |
| (Source: P.A. 79-1171.)
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| 1 |
| (40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)
| 2 |
| Sec. 22A-111. Duties and responsibilities.
| 3 |
| (a) The Board shall manage the investments of any pension
| 4 |
| fund, retirement system or education fund for the purpose
of | 5 |
| obtaining a total return on
investments for the long term. It | 6 |
| also shall perform such other functions as
may be assigned or | 7 |
| directed by the General Assembly.
| 8 |
| (b) The authority of the board to manage pension fund | 9 |
| investments and the
liability shall begin when there has been a | 10 |
| physical transfer of the pension
fund investments to the board | 11 |
| and placed in the custody of the State Treasurer.
| 12 |
| (c) The authority of the board to manage monies from the | 13 |
| education fund for
investment and the liability of the board | 14 |
| shall begin when there has been a
physical transfer of | 15 |
| education fund investments to the board and placed in
the | 16 |
| custody of the State Treasurer.
| 17 |
| (d) The board may not delegate its management functions but | 18 |
| it may arrange
to compensate for personalized investment | 19 |
| advisory service
for any or all investments under its control, | 20 |
| with any national or state bank
or trust company authorized to | 21 |
| do a trust business and domiciled in Illinois,
or other | 22 |
| financial institution organized under the laws of Illinois, or | 23 |
| an
investment advisor who is qualified under Federal Investment | 24 |
| Advisors Act of 1940
and is registered under the Illinois | 25 |
| Securities Law of 1953. Nothing contained
herein shall prevent | 26 |
| the Board from subscribing to general investment research
| 27 |
| services available for purchase or use by others. The Board | 28 |
| shall also have
the authority to compensate for accounting | 29 |
| services.
| 30 |
| (e) The selection of an investment advisor and the | 31 |
| contracting for investment services by an investment advisor | 32 |
| constitute procurements of professional and artistic services | 33 |
| under the Illinois Procurement Code that must be made and |
|
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| 1 |
| awarded in accordance with and through the use of the method of | 2 |
| selection required by Article 35 of that Code. | 3 |
| Notwithstanding any other provision of law, a contract | 4 |
| awarded under this subsection shall not exceed 5 years in | 5 |
| duration. No contract awarded under this subsection may be | 6 |
| renewed or extended. No entity awarded a contract under this | 7 |
| subsection, or an an affiliated entity of that entity, may be | 8 |
| awarded another contract under this subsection less than 5 | 9 |
| years after the date the term of the earlier contract ends. For | 10 |
| the purpose of this subsection, an "affiliated entity" means | 11 |
| (i) any subsidiary of the contractor, (ii) any member of the | 12 |
| same unitary business group as the contractor, (iii) any person | 13 |
| with an ownership interest or distributive share of the | 14 |
| contractor in excess of 5%, (iv) an executive employee of the | 15 |
| contractor, or (v) the spouse or minor child of a person | 16 |
| described in item (iii) or (iv).
| 17 |
| In addition to any other requirement, each contract between | 18 |
| the Board and an investment advisor shall include (i) full | 19 |
| disclosure of direct and indirect fees, commissions, | 20 |
| penalties, and other compensation, including reimbursement for | 21 |
| expenses, that may be paid by or on behalf of the investment | 22 |
| advisor in connection with the provision of investment services | 23 |
| and (ii) a requirement that the investment advisor update the | 24 |
| disclosure promptly after a modification of those payments or | 25 |
| an additional payment. | 26 |
| Within 30 days after the effective date of this amendatory | 27 |
| Act of the 94th General Assembly, each investment advisor | 28 |
| currently providing investment services or subject to an | 29 |
| existing contract for the provision of investment services must | 30 |
| disclose to the Board all direct and indirect fees, | 31 |
| commissions, penalties, and other compensation paid by or on | 32 |
| behalf of the investment advisor in connection with the | 33 |
| provision of those investment services and shall update that | 34 |
| disclosure promptly after a modification of those payments or |
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| 1 |
| an additional payment. | 2 |
| The disclosures required by this subsection shall be in | 3 |
| writing and shall include the date and amount of each payment | 4 |
| and the name and address of each recipient of a payment. | 5 |
| Notwithstanding any other provision of law, the Board shall | 6 |
| comply with the Business Enterprise for Minorities, Females, | 7 |
| and Persons with Disabilities Act. The Board shall post upon | 8 |
| its website the percentage of its contracts awarded under this | 9 |
| subsection currently and during the preceding 5 fiscal years | 10 |
| that were awarded to "minority owned businesses", "female owned | 11 |
| businesses", and "businesses owned by a person with a | 12 |
| disability", as those terms are defined in the Business | 13 |
| Enterprise for Minorities, Females, and Persons with | 14 |
| Disabilities Act.
| 15 |
| (Source: P.A. 84-1127.)
| 16 |
| (40 ILCS 5/2-152 rep.)
| 17 |
| (40 ILCS 5/2-155 rep.)
| 18 |
| (40 ILCS 5/12-190.3 rep.)
| 19 |
| (40 ILCS 5/13-806 rep.)
| 20 |
| (40 ILCS 5/14-148 rep.)
| 21 |
| (40 ILCS 5/15-186 rep.)
| 22 |
| (40 ILCS 5/15-189 rep.)
| 23 |
| (40 ILCS 5/16-191 rep.)
| 24 |
| (40 ILCS 5/16-198 rep.)
| 25 |
| (40 ILCS 5/18-159 rep.)
| 26 |
| (40 ILCS 5/18-162 rep.)
| 27 |
| Section 40. The Illinois Pension Code is amended by | 28 |
| repealing Sections 2-152, 2-155, 12-190.3, 13-806, 14-148, | 29 |
| 15-186, 15-189, 16-191, 16-198, 18-159, and 18-162.
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.".
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|