Full Text of HB1203 96th General Assembly
HB1203 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1203
Introduced 2/11/2009, by Rep. Robert F. Flider - Michael K. Smith - Mark L. Walker - Keith Farnham - Daniel V. Beiser, et al. SYNOPSIS AS INTRODUCED: |
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5 ILCS 420/4A-101 |
from Ch. 127, par. 604A-101 |
5 ILCS 420/4A-105 |
from Ch. 127, par. 604A-105 |
5 ILCS 420/4A-107 |
from Ch. 127, par. 604A-107 |
25 ILCS 170/4.5 new |
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25 ILCS 170/11.3 new |
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Amends the Illinois Governmental Ethics Act and the Lobbyist Registration Act. Redefines a special government agent who must file a statement of economic interests to include a person who, by or on behalf of a statewide executive branch constitutional officer, is directed, retained, designated, appointed, or employed to cause the making of an ex parte communication. Requires that a special government agent file a statement of economic interests before making any ex parte communications (now, within 30 days after). Makes a special government agent's failure to file a statement a Class 4 felony. Makes a special government agent ineligible for registration under the Lobbyist Registration Act. Makes it a violation of that Act for a person required to register to act as a special government agent and for a special government agent to engage in lobbying. Prohibits a person subject to the Act from accepting compensation from a State agency for lobbying legislative action. Exempts the salaries of full-time State employees with responsibilities or authority other than lobbying.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB1203 |
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LRB096 10867 JAM 21101 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Governmental Ethics Act is amended | 5 |
| by changing Sections 4A-101, 4A-105, and 4A-107 as follows: | 6 |
| (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 7 |
| Sec. 4A-101. Persons required to file. The following | 8 |
| persons shall file
verified written statements of economic | 9 |
| interests, as provided in this Article:
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| (a) Members of the General Assembly and candidates for | 11 |
| nomination or
election to the General Assembly.
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| (b) Persons holding an elected office in the Executive | 13 |
| Branch of this
State, and candidates for nomination or | 14 |
| election to these offices.
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| (c) Members of a Commission or Board created by the | 16 |
| Illinois Constitution,
and candidates for nomination or | 17 |
| election to such Commission or Board.
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| (d) Persons whose appointment to office is subject to | 19 |
| confirmation by
the Senate.
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| (e) Holders of, and candidates for nomination or | 21 |
| election to, the office
of judge or associate judge of the | 22 |
| Circuit Court and the office of judge of
the Appellate or | 23 |
| Supreme Court.
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| (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;
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| (2) have direct supervisory authority over, or | 25 |
| direct responsibility for
the formulation, | 26 |
| negotiation, issuance or execution of contracts |
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| entered into
by the State in the amount of $5,000 or | 2 |
| more;
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| (3) have authority for the issuance or | 4 |
| promulgation of rules and
regulations within areas | 5 |
| under the authority of the State;
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| (4) have authority for the approval of | 7 |
| professional licenses;
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| (5) have responsibility with respect to the | 9 |
| financial inspection
of regulated nongovernmental | 10 |
| entities;
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| (6) adjudicate, arbitrate, or decide any judicial | 12 |
| or administrative
proceeding, or review the | 13 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 15 |
| the State;
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| (7) have supervisory responsibility for 20 or more | 17 |
| employees of the
State; or
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| (8) negotiate, assign, authorize, or grant naming | 19 |
| rights or sponsorship rights regarding any property or | 20 |
| asset of the State, whether real, personal, tangible, | 21 |
| or intangible.
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| (g) Persons who are elected to office in a unit of | 23 |
| local government,
and candidates for nomination or | 24 |
| election to that office, including regional
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| superintendents of school districts.
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| (h) Persons appointed to the governing board of a unit |
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| of local
government, or of a special district, and persons | 2 |
| appointed to a zoning
board, or zoning board of appeals, or | 3 |
| to a regional, county, or municipal
plan commission, or to | 4 |
| a board of review of any county, and persons
appointed to | 5 |
| the Board of the Metropolitan Pier and Exposition Authority
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| and any Trustee appointed under Section 22 of the | 7 |
| Metropolitan Pier and
Exposition Authority Act, and | 8 |
| persons appointed to a board or commission of
a unit of | 9 |
| local government who have authority to authorize the | 10 |
| expenditure of
public funds. This subsection does not apply | 11 |
| to members of boards or
commissions who function in an | 12 |
| advisory capacity.
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| (i) Persons who are employed by a unit of local | 14 |
| government and are
compensated for services as employees | 15 |
| and not as independent contractors and
who:
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| (1) are, or function as, the head of a department, | 17 |
| division, bureau,
authority or other administrative | 18 |
| unit within the unit of local
government, or who | 19 |
| exercise similar authority within the unit of local
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| government;
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| (2) have direct supervisory authority over, or | 22 |
| direct responsibility for
the formulation, | 23 |
| negotiation, issuance or execution of contracts | 24 |
| entered into
by the unit of local government in the | 25 |
| amount of $1,000 or greater;
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| (3) have authority to approve licenses
and permits |
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| by the unit of local government; this item does not | 2 |
| include
employees who function in a ministerial | 3 |
| capacity;
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| (4) adjudicate, arbitrate, or decide any judicial | 5 |
| or administrative
proceeding, or review the | 6 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 8 |
| the unit of local
government;
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| (5) have authority to issue or promulgate rules and | 10 |
| regulations within
areas under the authority of the | 11 |
| unit of local government; or
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| (6) have supervisory responsibility for 20 or more | 13 |
| employees of the
unit of local government.
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| (j) Persons on the Board of Trustees of the Illinois | 15 |
| Mathematics and
Science Academy.
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| (k) Persons employed by a school district in positions | 17 |
| that
require that
person to hold an administrative or a | 18 |
| chief school business official
endorsement.
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| (l) Special government agents. A "special government | 20 |
| agent" is a
person who is directed, retained, designated, | 21 |
| appointed, or
employed, with or without compensation, by or | 22 |
| on behalf of a
statewide executive branch constitutional | 23 |
| officer to make , or cause to be made, an ex
parte | 24 |
| communication under Section 5-50 of the State Officials and
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| Employees Ethics Act or Section 5-165 of the Illinois
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| Administrative Procedure Act.
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| (m) Members of the board of commissioners of any flood | 2 |
| prevention district. | 3 |
| This Section shall not be construed to prevent any unit of | 4 |
| local government
from enacting financial disclosure | 5 |
| requirements that mandate
more information
than required by | 6 |
| this Act.
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| (Source: P.A. 95-719, eff. 5-21-08.)
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| (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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| Sec. 4A-105. Time for filing. Except as provided in | 10 |
| Section 4A-106.1, by
May 1 of each year a statement must be | 11 |
| filed by each person
whose position at that time subjects him | 12 |
| to the filing requirements of Section
4A-101 unless he has | 13 |
| already filed a statement in relation to the same unit of
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| government in that calendar year.
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| Statements must also be filed as follows:
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| (a) A candidate for elective office shall file his | 17 |
| statement not later
than the end of the period during which | 18 |
| he can take the action necessary
under the laws of this | 19 |
| State to attempt to qualify for nomination, election, or
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| retention to such office if he has not filed a statement in | 21 |
| relation to the
same unit of government within a year | 22 |
| preceding such action.
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| (b) A person whose appointment to office is subject to | 24 |
| confirmation by
the Senate shall file his statement at the | 25 |
| time his name is submitted to
the Senate for confirmation.
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| (b-5) A special government agent, as defined in
item | 2 |
| (1) of Section 4A-101 of this Act, shall file a statement | 3 |
| before within 30 days
after
making the first ex parte | 4 |
| communication and each May 1 thereafter if he or she
has | 5 |
| made an ex parte communication within the previous 12 | 6 |
| months.
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| (c) Any other person required by this Article to file | 8 |
| the statement
shall file a statement at the time of his or | 9 |
| her initial appointment or
employment in relation to that | 10 |
| unit of government if appointed or employed by
May 1.
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| If any person who is required to file a statement of | 12 |
| economic interests
fails to file such statement by May 1 of any | 13 |
| year, the officer with whom
such statement is to be filed under | 14 |
| Section 4A-106 of this Act shall,
within 7 days after May 1, | 15 |
| notify such person by certified mail of his or
her failure to | 16 |
| file by the specified date. Except as may be prescribed by
rule | 17 |
| of the Secretary of State, such person shall file his or
her | 18 |
| statement of economic interests on or before May 15 with the
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| appropriate officer, together with a $15 late filing fee. Any | 20 |
| such person
who fails to file by May 15 shall be subject to a | 21 |
| penalty of $100 for each
day from May 16 to the date of filing, | 22 |
| which shall be in addition to the $15
late filing fee specified | 23 |
| above. Failure to file by May 31 shall result in a
forfeiture | 24 |
| in accordance with Section 4A-107 of this Act.
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| Any person who takes office or otherwise becomes required | 26 |
| to file a
statement of economic interests within 30 days prior |
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| to May 1 of any year
may file his or her statement at any time | 2 |
| on or before May 31 without
penalty. If such person fails to | 3 |
| file such statement by May 31, the
officer with whom such | 4 |
| statement is to be filed under Section 4A-106 of
this Act | 5 |
| shall, within 7 days after May 31, notify such person by | 6 |
| certified
mail of his or her failure to file by the specified | 7 |
| date. Such person
shall file his or her statement of economic | 8 |
| interests on or before June 15 with
the appropriate officer, | 9 |
| together with a $15 late filing fee. Any such
person who fails | 10 |
| to file by June 15 shall be subject to a penalty of $100
per day | 11 |
| for each day from June 16 to the date of filing, which shall be | 12 |
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addition to the $15 late filing fee specified above. Failure | 13 |
| to file by June
30 shall result in a forfeiture in accordance | 14 |
| with Section 4A-107 of this Act.
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| All late filing fees and penalties collected pursuant to | 16 |
| this Section
shall be paid into the General Revenue Fund in the | 17 |
| State treasury, if the
Secretary of State receives such | 18 |
| statement for filing, or into the general
fund in the county | 19 |
| treasury, if the county clerk receives such statement
for | 20 |
| filing. The Attorney General, with respect to the State, and | 21 |
| the
several State's Attorneys, with respect to counties, shall | 22 |
| take appropriate
action to collect the prescribed penalties.
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| Failure to file a statement of economic interests within | 24 |
| the time
prescribed shall not result in a fine or ineligibility | 25 |
| for, or forfeiture of,
office or position of employment, as the | 26 |
| case may be; provided that the failure
to file results from not |
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| being included for notification by the appropriate
agency, | 2 |
| clerk, secretary, officer or unit of government, as the case | 3 |
| may be,
and that a statement is filed within 30 days of actual | 4 |
| notice of the failure to
file.
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| (Source: P.A. 93-617, eff. 12-9-03.)
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| (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
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| Sec. 4A-107. Any person required to file a statement of | 8 |
| economic interests
under this Article who willfully files a | 9 |
| false or incomplete statement shall be
guilty of a Class A | 10 |
| misdemeanor.
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| Failure to file a statement within the time prescribed | 12 |
| shall result in
ineligibility for, or forfeiture of, office or | 13 |
| position of employment, as
the case may be; provided, however, | 14 |
| that if the notice of failure to
file a statement of economic | 15 |
| interests provided in Section 4A-105 of this
Act is not given | 16 |
| by the Secretary of State or the county clerk, as the case
may | 17 |
| be, no forfeiture shall result if a statement is filed within | 18 |
| 30 days
of actual notice of the failure to file. In addition, | 19 |
| in the case of a special government agent as defined in Section | 20 |
| 4A-101(l), failure to file shall result in a Class 4 felony.
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| The Attorney General, with respect to offices or positions | 22 |
| described in
items (a) through (f) and items (j) and (l) of | 23 |
| Section 4A-101 of this
Act, or the State's
Attorney of the | 24 |
| county of the entity for which the filing of statements of
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| economic interests is required, with respect to offices or |
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| positions
described in items (g) through (i) and item (k) of
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| Section
4A-101 of this Act,
shall bring an action in quo | 3 |
| warranto against any person who has failed to file
by either | 4 |
| May 31 or June 30 of any given year.
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| (Source: P.A. 93-617, eff. 12-9-03.)
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| Section 10. The Lobbyist Registration Act is amended by | 7 |
| adding Sections 4.5 and 11.3 as follows: | 8 |
| (25 ILCS 170/4.5 new)
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| Sec. 4.5. Special government agent. A special government | 10 |
| agent is ineligible to register under this Act. | 11 |
| It is a violation of this Act for a special government | 12 |
| agent to engage in activities for which this Act requires | 13 |
| registration. | 14 |
| It is a violation of this Act for a person registered or | 15 |
| required to register under this Act to act as a special | 16 |
| government agent. | 17 |
| "Special government agent" means a person required by item | 18 |
| (l) of Section 4A-101 of the Illinois Governmental Ethics Act | 19 |
| to file a statement of economic interests. | 20 |
| (25 ILCS 170/11.3 new) | 21 |
| Sec. 11.3. Compensation from a State agency. It is a | 22 |
| violation of this Act for a person registered or required to be | 23 |
| registered under this Act to accept or agree to accept |
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| compensation from a State agency for the purpose of lobbying | 2 |
| legislative action. | 3 |
| This Section does not apply to compensation that is a | 4 |
| portion of the salary of a full-time employee of a State agency | 5 |
| whose responsibility or authority includes, but is not limited | 6 |
| to, lobbying executive, legislative, or administrative action. | 7 |
| For the purpose of this Section, "State agency" is defined | 8 |
| as in the Illinois State Auditing Act.
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