Full Text of HB3046 101st General Assembly
HB3046ham001 101ST GENERAL ASSEMBLY | Rep. Luis Arroyo Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3046
| 2 | | AMENDMENT NO. ______. Amend House Bill 3046 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Lobbyist Registration Act is amended by | 5 | | changing Section 2 as follows: | 6 | | (25 ILCS 170/2) (from Ch. 63, par. 172) | 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires: | 9 | | (a) "Person" means any individual, firm, partnership, | 10 | | committee,
association, corporation, or any other organization | 11 | | or group of persons. | 12 | | (b) "Expenditure" means a payment, distribution, loan, | 13 | | advance, deposit,
or gift of money or anything of value, and | 14 | | includes a contract, promise, or
agreement, whether or not | 15 | | legally enforceable, to make an expenditure, for
the ultimate | 16 | | purpose of influencing executive, legislative, or |
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| 1 | | administrative
action, other than compensation as defined in | 2 | | subsection (d). | 3 | | (c) "Official" means: | 4 | | (1) the Governor, Lieutenant Governor, Secretary of | 5 | | State, Attorney
General, State Treasurer, and State | 6 | | Comptroller; | 7 | | (2) Chiefs of Staff for officials described in item | 8 | | (1); | 9 | | (3) Cabinet members of any elected constitutional | 10 | | officer, including
Directors, Assistant Directors and | 11 | | Chief Legal Counsel or General Counsel; | 12 | | (4) Members of the General Assembly; and | 13 | | (5) Members of any board, commission, authority, or | 14 | | task force of the State authorized or created by State law | 15 | | or by executive order of the Governor ; and . | 16 | | (6) Members of the Board of Commissioners of the | 17 | | Metropolitan Water Reclamation District. | 18 | | (d) "Compensation" means any money, thing of value or | 19 | | financial benefits
received or to be received in return for | 20 | | services rendered or to be
rendered, for lobbying as defined in | 21 | | subsection (e). | 22 | | Monies paid to members of the General Assembly by the State | 23 | | as
remuneration for performance of their Constitutional and | 24 | | statutory duties
as members of the General Assembly shall not | 25 | | constitute compensation as
defined by this Act. | 26 | | (e) "Lobby" and "lobbying"
means any communication with an |
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| 1 | | official of the
executive or legislative branch of State | 2 | | government , or a member of the Board of Commissioners of the | 3 | | Metropolitan Water Reclamation District, as defined in | 4 | | subsection
(c) for the ultimate purpose of influencing any | 5 | | executive, legislative, or
administrative action. | 6 | | (f) "Influencing" means any communication, action, | 7 | | reportable
expenditure as prescribed in Section 6 or other | 8 | | means used to promote,
support, affect, modify, oppose or delay | 9 | | any executive, legislative or
administrative action or to | 10 | | promote goodwill with officials as defined in
subsection (c). | 11 | | (g) "Executive action" means the proposal, drafting, | 12 | | development,
consideration, amendment, adoption, approval, | 13 | | promulgation, issuance,
modification, rejection or | 14 | | postponement by a State entity or the Metropolitan Water | 15 | | Reclamation District of a rule,
regulation, order, decision, | 16 | | determination, contractual arrangement, purchasing
agreement | 17 | | or other quasi-legislative or quasi-judicial action or | 18 | | proceeding. | 19 | | (h) "Legislative action" means the development, drafting, | 20 | | introduction,
consideration, modification, adoption, | 21 | | rejection, review, enactment, or passage
or defeat of any bill, | 22 | | amendment, resolution, report, nomination,
administrative rule | 23 | | or other matter by either house of the General Assembly or
a | 24 | | committee thereof, or by a legislator. " Legislative action " | 25 | | also means the
action of the Governor in approving or vetoing | 26 | | any bill or portion thereof, and
the action of the Governor or |
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| 1 | | any agency in the development of a proposal for
introduction in | 2 | | the legislature. "Legislative action" also means the | 3 | | development, drafting, introduction,
consideration, | 4 | | modification, adoption, rejection, review, enactment, or | 5 | | passage
or defeat of any matter before the Metropolitan Water | 6 | | Reclamation District Board of Commissioners. | 7 | | (i) "Administrative action" means the execution or | 8 | | rejection of any rule,
regulation, legislative rule, standard, | 9 | | fee, rate, contractual arrangement,
purchasing agreement or | 10 | | other delegated legislative or quasi-legislative action
to be | 11 | | taken or withheld by any executive agency, department, board or
| 12 | | commission of the State , or by the Metropolitan Water | 13 | | Reclamation District Board of Commissioners . | 14 | | (j) "Lobbyist" means any natural person who undertakes to | 15 | | lobby State government
or the Metropolitan Water Reclamation | 16 | | District as provided in subsection (e). | 17 | | (k) "Lobbying entity" means any entity that hires, retains, | 18 | | employs, or compensates a natural person to lobby State | 19 | | government or the Metropolitan Water Reclamation District as | 20 | | provided in subsection (e).
| 21 | | (l) "Authorized agent" means the person designated by an | 22 | | entity or lobbyist registered under this Act as the person | 23 | | responsible for submission and retention of reports required | 24 | | under this Act. | 25 | | (m) "Client" means any person or entity that provides | 26 | | compensation to a lobbyist to lobby State government or the |
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| 1 | | Metropolitan Water Reclamation District as provided in | 2 | | subsection (e) of this Section. | 3 | | (n) "Client registrant" means a client who is required to | 4 | | register under this Act. | 5 | | (Source: P.A. 98-459, eff. 1-1-14.)
| 6 | | Section 10. The Metropolitan Water Reclamation District | 7 | | Act is amended by adding Section 4.40 as follows: | 8 | | (70 ILCS 2605/4.40 new) | 9 | | Sec. 4.40. Prohibition of nepotism in hiring. | 10 | | (a) As used in this Section: | 11 | | "Chief Compliance Office" means the Chief Compliance | 12 | | Office within the Office of the Governor created by Executive | 13 | | Order 2018-02. | 14 | | "Commission" means the Executive Ethics Commission. | 15 | | "District officer" means the commissioners of a sanitary | 16 | | district or an officer of a sanitary district named in Section | 17 | | 4. | 18 | | "Labor organization" has the meaning provided in Section 3 | 19 | | of the Illinois Public Labor Relations Act. | 20 | | "Relative" means an individual who is related to a sanitary | 21 | | district commissioner, officer, or employee as father, mother, | 22 | | son, daughter, grandfather, grandmother, grandson, | 23 | | granddaughter, brother, sister, uncle, aunt, first cousin, | 24 | | nephew, niece, husband, wife, father-in-law, mother-in-law, |
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| 1 | | son-in-law, daughter-in-law, grandson-in-law, | 2 | | granddaughter-in-law, brother-in-law, sister-in-law, | 3 | | stepfather, stepmother, stepson, stepdaughter, stepbrother, | 4 | | stepsister, step-grandson, step-granddaughter, half-brother, | 5 | | or half -sister. | 6 | | (b) Notwithstanding any other provision in this Act, the | 7 | | following apply to a sanitary district organized under this | 8 | | Act: | 9 | | (1) A sanitary district officer may not appoint, hire, | 10 | | promote, advance, or advocate for the appointment, hiring, | 11 | | employment, promotion, or advancement, in or to a position | 12 | | in any sanitary district, any individual who is a relative | 13 | | of the sanitary district commissioner or officer. | 14 | | (2) An individual may not be appointed, hired, | 15 | | promoted, or advanced in or to a position in any sanitary | 16 | | district if the appointment, employment, promotion, or | 17 | | advancement has been advocated by a district commissioner | 18 | | or officer who is a relative of the individual. | 19 | | (3) An individual may not be placed in a relative's | 20 | | direct line of supervision, may not evaluate a relative's | 21 | | job performance and may not recommend a salary increase for | 22 | | a relative. This paragraph applies to all sanitary district | 23 | | employees and officers. No sanitary district employee or | 24 | | officer may participate in an action relating to the | 25 | | discipline of a relative, including dismissal of a | 26 | | relative, or conduct an investigation into alleged |
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| 1 | | misconduct, malfeasance, or violation of any law by a | 2 | | relative. A sanitary district commissioner, employee, or | 3 | | officer may not serve on a sanitary district interview | 4 | | panel for any relative. | 5 | | (4) Sanitary district employees and officers shall | 6 | | disclose to their supervisor and their ethics officer any | 7 | | anticipated or active participation by the employee or | 8 | | officer in any matter affecting a partnership, | 9 | | association, corporation, or other business entity if | 10 | | they, together with a relative or relatives, are entitled | 11 | | to receive more than 15%, in the aggregate, of the total | 12 | | distributable income of the partnership, association, | 13 | | corporation, or other business entity. | 14 | | (5) All commissioners and officers required to file a | 15 | | verified written statement of economic interest under | 16 | | Section 4A-101 of the Illinois Government Ethics Act shall, | 17 | | in conjunction with such filing each year, also disclose | 18 | | the following information: the names and positions of all | 19 | | relatives employed by or serving as an employee or officer | 20 | | of the sanitary district. The Commission shall prepare | 21 | | forms or amend existing forms to be used to report the | 22 | | information described in this subsection and shall provide | 23 | | those forms or amended forms to each individual required to | 24 | | report such information on or before April 1 of each year. | 25 | | Such statement shall be filed by each commissioner with the | 26 | | Commission on or before May 1 of each year. The Commission |
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| 1 | | shall ensure that all statements filed pursuant to this | 2 | | paragraph are made readily available for public | 3 | | inspection. Each district officer required to submit a | 4 | | statement pursuant to this paragraph shall notify the | 5 | | Commission, in writing and without delay, of any material | 6 | | change in circumstances that might result in a change to | 7 | | his or her disclosures filed pursuant to this paragraph. | 8 | | (6) All district officers who are not required to file | 9 | | a verified written statement of economic interest shall | 10 | | disclose to their supervisor and their ethics officer the | 11 | | names and positions of all relatives employed by or serving | 12 | | as a commissioner or employee of the sanitary district, | 13 | | upon becoming a district officer and on an ongoing basis | 14 | | within 30 days of change in a relative's job status that | 15 | | would require reporting. Supervisors and ethics officers | 16 | | shall maintain a list with this information which shall be | 17 | | subject to the Freedom of Information Act. | 18 | | (7) No later than 30 days after the effective date of | 19 | | this amendatory Act of the 101st General Assembly, all | 20 | | sanitary districts organized under this Act shall amend | 21 | | their employment policies or handbooks to define nepotism, | 22 | | in at least as stringent terms as this Section, as a | 23 | | violation of sanitary district policy and file these | 24 | | policies or handbooks with the Chief Compliance Office and | 25 | | with the Commission. | 26 | | (8) All sanitary districts, when negotiating with any |
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| 1 | | labor organization, shall make every reasonable effort to | 2 | | secure a collective bargaining agreement that meets or | 3 | | exceeds the objectives of this Section. | 4 | | (9) A sanitary district may adopt policies authorizing | 5 | | the temporary employment, in the event of emergencies | 6 | | resulting from natural disasters or similar unforeseen | 7 | | events or circumstances, of individuals whose employment | 8 | | would otherwise be prohibited by this Section. | 9 | | (c) This Section does not apply to individuals serving in a | 10 | | volunteer capacity or who exclusively provide emergency, | 11 | | medical, firefighting, police services, or any charitable | 12 | | service to a sanitary district. ".
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