Full Text of SB3071 101st General Assembly
SB3071ham002 101ST GENERAL ASSEMBLY | Rep. Gregory Harris Filed: 1/12/2021
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| 1 | | AMENDMENT TO SENATE BILL 3071
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3071 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Sections 1-109, 1-110, 2-101, 3A-50 4A-102, 4A-103, | 6 | | 4A-107, and 4A-108 and by adding Sections 1-102.5, 1-104.3, | 7 | | 1-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.5, 1-105.6, 1-105.7, | 8 | | 1-112.5, 1-113.6, and 1-113.7 as follows: | 9 | | (5 ILCS 420/1-102.5 new) | 10 | | Sec. 1-102.5. Asset. "Asset" means, for the purposes of | 11 | | Sections 4A-102 and 4A-103, an item that is owned and has | 12 | | monetary value. For the purposes of Sections 4A-102 and 4A-103, | 13 | | assets include, but are not limited to: stocks, bonds, sector | 14 | | mutual funds, sector exchange traded funds, commodity futures, | 15 | | investment real estate, beneficial interests in trusts, | 16 | | business interests, and partnership interests. For the |
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| 1 | | purposes of Sections 4A-102 and 4A-103, assets do not include: | 2 | | personal residences; personal vehicles; savings or checking | 3 | | accounts; bonds, notes, or securities issued by any branch of | 4 | | federal, state, or local government; Medicare benefits; | 5 | | inheritances or bequests, other than beneficial interests in | 6 | | trusts; diversified funds; annuities; pensions (including | 7 | | government pensions); retirement accounts; college savings | 8 | | plans that are qualified tuition plans; qualified | 9 | | tax-advantaged savings programs that allow individuals to save | 10 | | for disability-related expenses; or tangible personal | 11 | | property. | 12 | | (5 ILCS 420/1-104.3 new) | 13 | | Sec. 1-104.3. Creditor. "Creditor" means, for the purposes | 14 | | of Sections 4A-102 and 4A-103, an individual, organization, or | 15 | | other business entity to whom money or its equivalent is owed, | 16 | | no matter whether that obligation is secured or unsecured, | 17 | | except that if a filer makes a loan to members of his or her | 18 | | family, then that filer does not, by making such a loan, become | 19 | | a creditor of that individual for the purposes of Sections | 20 | | 4A-102 and 4A-103 of this Act. | 21 | | (5 ILCS 420/1-104.4 new) | 22 | | Sec. 1-104.4. Debt. "Debt" means, for the purposes of | 23 | | Sections 4A-102 and 4A-103, any money or monetary obligation | 24 | | owed at any time during the preceding calendar year to an |
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| 1 | | individual, company, or other organization, other than a loan | 2 | | that is from a financial institution, government agency, or | 3 | | business entity and that is granted on terms made available to | 4 | | the general public. For the purposes of Sections 4A-102 and | 5 | | 4A-103, "debt" includes, but is not limited to: personal loans | 6 | | from friends or business associates, business loans made | 7 | | outside the lender's regular course of business, and loans made | 8 | | at below market rates. For the purposes of Sections 4A-102 and | 9 | | 4A-103, "debt" does not include: (i) debts to or from financial | 10 | | institutions or government entities, such as mortgages, | 11 | | student loans, credit card debts, or loans secured by | 12 | | automobiles, household furniture, or appliances, as long as | 13 | | those loans were made on terms available to the general public | 14 | | and do not exceed the purchase price of the items securing | 15 | | them; (ii) debts to or from a political committee registered | 16 | | with the Illinois State Board of Elections or political | 17 | | committees, principal campaign committees, or authorized | 18 | | committees registered with the Federal Election Commission; or | 19 | | (iii) a loan from a member of the filer's family not known by | 20 | | the filer to be registered to lobby under the Lobbyist | 21 | | Registration Act. | 22 | | (5 ILCS 420/1-104.5 new) | 23 | | Sec. 1-104.5. Diversified funds. "Diversified funds" means | 24 | | investment products, such as mutual funds, exchange traded | 25 | | funds, or unit investment trusts, that invest in a wide variety |
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| 1 | | of securities across multiple sectors or asset classes. | 2 | | "Diversified funds" does not include sector funds. | 3 | | (5 ILCS 420/1-105.2 new) | 4 | | Sec. 1-105.2. Economic relationship. "Economic | 5 | | relationship" means, for the purposes of Sections 4A-102 and | 6 | | 4A-103, any joint or shared ownership interests in businesses | 7 | | and creditor-debtor relationships with third parties, other | 8 | | than commercial lending institutions, where: (a) the filer is | 9 | | entitled to receive (i) more than 7.5% of the total | 10 | | distributable income, or (ii) an amount in excess of the salary | 11 | | of the Governor; or (b) the filer together with his or her | 12 | | spouse or minor children is entitled to receive (i) more than | 13 | | 15%, in the aggregate, of the total distributable income, or | 14 | | (ii) an amount in excess of 2 times the salary of the Governor. | 15 | | (5 ILCS 420/1-105.3 new) | 16 | | Sec. 1-105.3. Family. "Family" means, for the purposes of | 17 | | Sections 4A-102 and 4A-103, a filer's spouse, children, | 18 | | step-children, parents, step-parents, siblings, step-siblings, | 19 | | half-siblings, sons-in-law, daughters-in-law, grandparents, | 20 | | and grandchildren, as well as the parents and grandparents of | 21 | | the filer's spouse, and any person living with the filer. | 22 | | (5 ILCS 420/1-105.5 new) | 23 | | Sec. 1-105.5. Filer. "Filer" means, for the purposes of |
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| 1 | | Section 4A-102 and 4A-103, a person required to file a | 2 | | statement of economic interests pursuant to this Act. | 3 | | (5 ILCS 420/1-105.6 new) | 4 | | Sec. 1-105.6. Income. "Income" means, for the purposes of | 5 | | Sections 4A-102 and 4A-103, pension income and any income from | 6 | | whatever source derived, required to be reported on the filer's | 7 | | federal income tax return, including, but not limited to: | 8 | | compensation received for services rendered or to be rendered | 9 | | (as required to be reported on any Internal Revenue Service | 10 | | forms, including, but not limited to, Forms W-2, 1099, or K-1); | 11 | | earnings or capital gains from the sale of assets; profit; | 12 | | interest or dividend income from all assets; revenue from | 13 | | leases and rentals, royalties, prizes, awards, or barter; | 14 | | forgiveness of debt; and earnings derived from annuities or | 15 | | trusts other than testamentary trusts. "Income" does not | 16 | | include compensation earned for service in the position that | 17 | | necessitates the filing of the statement of economic interests, | 18 | | or investment or interest returns on items excluded from the | 19 | | definition of "asset", or income from the sale of a personal | 20 | | residence or personal vehicle. | 21 | | (5 ILCS 420/1-105.7 new) | 22 | | Sec. 1-105.7. Investment real estate. "Investment real | 23 | | estate" means any real property, other than a filer's personal | 24 | | residences, purchased to produce a profit, whether from income |
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| 1 | | or resale. Investment real estate may be described by the city | 2 | | and state where the real estate is located.
| 3 | | (5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
| 4 | | Sec. 1-109.
"Lobbying" means engaging in activities that | 5 | | require registration under the Lobbyist Registration | 6 | | Act promoting or opposing in any manner the
passage by the | 7 | | General Assembly of any legislative matter affecting the
| 8 | | interests of any individual, association or corporation as | 9 | | distinct from
those of the people of the State as a whole .
| 10 | | (Source: Laws 1967, p. 3401.)
| 11 | | (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
| 12 | | Sec. 1-110.
"Lobbyist" means an individual who is required | 13 | | to be registered to engage in lobbying activities pursuant to | 14 | | the Lobbyist Registration Act any person required to be | 15 | | registered under
"An Act concerning lobbying and providing a | 16 | | penalty for violation thereof",
approved July 10, 1957, as | 17 | | amended .
| 18 | | (Source: Laws 1967, p. 3401.)
| 19 | | (5 ILCS 420/1-112.5 new) | 20 | | Sec. 1-112.5. Personal residence. "Personal residence" | 21 | | means, for the purposes of Sections 4A-102 and 4A-103, a | 22 | | filer's primary home residence and any residential real | 23 | | property held by the filer and used by the filer for |
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| 1 | | residential rather than commercial or income generating | 2 | | purposes. | 3 | | (5 ILCS 420/1-113.6 new) | 4 | | Sec. 1-113.6. Sector funds. "Sector funds" means mutual | 5 | | funds or exchange traded funds invested in a particular | 6 | | industry or business. | 7 | | (5 ILCS 420/1-113.7 new) | 8 | | Sec. 1-113.7. Spouse. "Spouse" means a party to a marriage, | 9 | | a party to a civil union, or a registered domestic partner.
| 10 | | (5 ILCS 420/2-101) (from Ch. 127, par. 602-101)
| 11 | | Sec. 2-101. Government official lobbying. | 12 | | (a) No legislator may engage in promoting or opposing in | 13 | | any manner the passage by General Assembly of any legislative | 14 | | matter affecting the interests of any individual, association, | 15 | | or corporation as distinct from those of the people of the | 16 | | State as a whole lobbying, as that term is defined
in Section | 17 | | 1-109 , if he or she accepts compensation specifically | 18 | | attributable
to such lobbying, other than that provided by law | 19 | | for members of the
General Assembly. Nothing in this Section | 20 | | prohibits a legislator from
lobbying without compensation.
| 21 | | No legislator or executive branch constitutional officer | 22 | | shall engage in compensated lobbying of the governing body of a | 23 | | municipality, county, or township, or an official thereof, on |
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| 1 | | behalf of any lobbyist or lobbying entity that is registered to | 2 | | lobby the General Assembly or the executive branch of the State | 3 | | of Illinois. | 4 | | (b) No elected or appointed county executive or legislative | 5 | | official shall engage in compensated lobbying of the governing | 6 | | body of a county, municipality, township, the General Assembly, | 7 | | a State executive branch office or agency, or an official | 8 | | thereof, on behalf of any lobbyist or lobbying entity that is | 9 | | registered to lobby the county in which the official is elected | 10 | | or appointed. | 11 | | (c) No elected or appointed municipal executive or | 12 | | legislative official shall engage in compensated lobbying of | 13 | | the governing body of a county, municipality, township, the | 14 | | General Assembly, a State executive branch office or agency, or | 15 | | an official thereof, on behalf of any lobbyist or lobbying | 16 | | entity that is registered to lobby the municipality in which | 17 | | the official is elected or appointed. | 18 | | (d) No elected or appointed township executive or | 19 | | legislative official shall engage in compensated lobbying of | 20 | | the governing body of a county, municipality, township, the | 21 | | General Assembly, a State executive branch office or agency, or | 22 | | an official thereof, on behalf of any lobbyist or lobbying | 23 | | entity that is registered to lobby the township in which the | 24 | | official is elected or appointed. | 25 | | (e) A violation of this Section shall constitute a Class A | 26 | | misdemeanor.
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| 1 | | (Source: P.A. 77-2830.)
| 2 | | (5 ILCS 420/3A-50 new) | 3 | | Sec. 3A-50. Appointee political activity. | 4 | | (a) No person who is appointed to an affected office shall: | 5 | | (i) serve as an officer of a candidate political committee; or | 6 | | (ii) be a candidate who is designated as the candidate to be | 7 | | supported by a candidate political committee. | 8 | | (b) A person appointed to an affected office who is either | 9 | | an officer of a candidate political committee or a candidate | 10 | | who is designated as the candidate to be supported by a | 11 | | candidate political committee shall within 30 days after | 12 | | confirmation by the Senate: (i) resign as an officer of the | 13 | | candidate political committee; (ii) have his or her name | 14 | | removed as the candidate to be supported by a candidate | 15 | | political committee; (iii) notify the State Board of Elections | 16 | | of the person's intent to convert the candidate political | 17 | | committee to a limited activity committee under Section 9-1.8 | 18 | | of the Election Code and complete the transition to a limited | 19 | | activity committee within 60 days after confirmation; or (iv) | 20 | | dissolve the candidate political committee. A person appointed | 21 | | to an affected office who is in violation of this subsection | 22 | | (b) on the effective date of this amendatory Act of the 101st | 23 | | General Assembly must come into compliance within 30 days after | 24 | | the effective date of this amendatory Act of the 101st General | 25 | | Assembly. |
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| 1 | | (c) As used in this Section: | 2 | | "Affected office" means any office in which the appointee | 3 | | receives any form of compensation, other than the reimbursement | 4 | | of expenses, and whose appointment requires advise and consent | 5 | | of the Senate. | 6 | | "Candidate political committee" has the meaning given to | 7 | | that term in Section 9-1.8 of the Election Code in which the | 8 | | person subject to confirmation by the Senate is designated as | 9 | | the candidate to be supported by the candidate political | 10 | | committee under Section 9-2 of the Code. | 11 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| 12 | | Sec. 4A-102. The statement of economic interests required | 13 | | by this Article
shall include the economic interests of the | 14 | | person making the statement as
provided in this Section. | 15 | | (a) The interest (if constructively controlled by the
| 16 | | person making the statement) of a spouse or any other party, | 17 | | shall be
considered to be the same as the interest of the | 18 | | person making the
statement. Campaign receipts shall not be | 19 | | included in this statement. The following interests shall be | 20 | | listed by all persons required to file: | 21 | | (1) each asset that has a value of more than $5,000 as | 22 | | of the end of the preceding calendar year and is: (i) held | 23 | | in the filer's name, (ii) held jointly by the filer with | 24 | | his or her spouse, or (iii) held jointly by the filer with | 25 | | his or her minor child or children. For a beneficial |
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| 1 | | interest in a trust, the value is based on the total value | 2 | | of the assets either subject to the beneficial interest, or | 3 | | from which income is to be derived for the benefit of the | 4 | | beneficial interest, regardless of whether any | 5 | | distributions have been made for the benefit of the | 6 | | beneficial interest; | 7 | | (2) excluding the income from the position that | 8 | | requires the filing of a statement of economic interests | 9 | | under this Act, each source of income in excess of $1,200 | 10 | | during the preceding calendar year (as required to be | 11 | | reported on the filer's federal income tax return covering | 12 | | the preceding calendar year) for the filer and his or her | 13 | | spouse and, if the sale or transfer of an asset produced | 14 | | more than $5,000 in capital gains during the preceding | 15 | | calendar year, the transaction date on which that asset was | 16 | | sold or transferred; | 17 | | (3) each creditor of a debt in excess of $5,000 that, | 18 | | during the preceding calendar year, was: (i) owed by the | 19 | | filer, (ii) owed jointly by the filer with his or her | 20 | | spouse or (iii) owed jointly by the filer with his or her | 21 | | minor child or children; | 22 | | (4) the name of each unit of government of which the | 23 | | filer or his or her spouse was an employee, contractor, or | 24 | | office holder during the preceding calendar year other than | 25 | | the unit or units of government in relation to which the | 26 | | person is required to file and the title of the position or |
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| 1 | | nature of the contractual services; | 2 | | (5) each person known to the filer to be registered as | 3 | | a lobbyist with any unit of government in the State of | 4 | | Illinois: (i) with whom the filer maintains an economic | 5 | | relationship, or (ii) who is a member of the filer's | 6 | | family; and | 7 | | 67) each source and type of gift or gifts, or | 8 | | honorarium or honoraria, valued singly or in the aggregate | 9 | | in excess of $500 that was received during the preceding | 10 | | calendar year, excluding any gift or gifts from a member of | 11 | | the filer's family that was not known to the filer to be | 12 | | registered as a lobbyist with any unit of government in the | 13 | | State of Illinois. | 14 | | For the purposes of this Section, the unit of local | 15 | | government in relation to which a person is required to file | 16 | | under item (e) of Section 4A-101.5 shall be the unit of local | 17 | | government that contributes to the pension fund of which such | 18 | | person is a member of the board. | 19 | | (b) Beginning December 1, 2025, and for every 5 years | 20 | | thereafter, the Secretary of State shall adjust the amounts | 21 | | specified under this Section that prompt disclosure under this | 22 | | Act for purposes of inflation as determined by the Consumer | 23 | | Price Index for All Urban Consumers as issued by the United | 24 | | States Department of Labor and rounded to the nearest $100. The | 25 | | Secretary shall publish this information on the official | 26 | | website of the Secretary of State, and make changes to the |
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| 1 | | statement of economic interest form to be completed for the | 2 | | following year. | 3 | | (c) The Secretary of State shall develop and make publicly | 4 | | available on his or her website written guidance relating to | 5 | | the completion and filing of the statement of economic | 6 | | interests upon which a filer may reasonably and in good faith | 7 | | rely. | 8 | | The interest (if constructively controlled by the
person making | 9 | | the statement) of a spouse or any other party, shall be
| 10 | | considered to be the same as the interest of the person making | 11 | | the
statement. Campaign receipts shall not be included in this | 12 | | statement.
| 13 | | (a) The following interests shall be listed by all | 14 | | persons required to
file:
| 15 | | (1) The name, address and type of practice of any | 16 | | professional
organization or individual professional | 17 | | practice in which the person making
the statement was | 18 | | an officer, director, associate, partner or | 19 | | proprietor,
or served in any advisory capacity, from | 20 | | which income in excess of $1200
was derived during the | 21 | | preceding calendar year;
| 22 | | (2) The nature of professional services (other | 23 | | than services rendered to
the unit or units of | 24 | | government in relation to which the person is required
| 25 | | to file)
and the nature of the entity to which they | 26 | | were rendered if fees exceeding
$5,000 were received |
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| 1 | | during the preceding calendar year from the entity for
| 2 | | professional services rendered by the person making | 3 | | the statement.
| 4 | | (3) The identity (including the address or legal | 5 | | description of real
estate) of any capital asset from | 6 | | which a capital gain of $5,000 or more
was realized in | 7 | | the preceding calendar year.
| 8 | | (4) The name of any unit of government which has | 9 | | employed the person
making the statement during the | 10 | | preceding calendar year other than the unit
or units of | 11 | | government in relation to which the person is required | 12 | | to file.
| 13 | | (5) The name of any entity from which a gift or | 14 | | gifts, or honorarium or
honoraria, valued singly or in | 15 | | the aggregate in excess of $500, was
received during | 16 | | the preceding calendar year.
| 17 | | (b) The following interests shall also be listed by | 18 | | persons listed in
items (a) through (f), item (l), item | 19 | | (n), and item (p) of Section 4A-101:
| 20 | | (1) The name and instrument of ownership in any | 21 | | entity doing business in
the State of Illinois, in | 22 | | which an ownership interest held by the person at
the | 23 | | date of filing is in excess of $5,000 fair market value | 24 | | or from which
dividends of in excess of $1,200 were | 25 | | derived during the preceding calendar
year. (In the | 26 | | case of real estate, location thereof shall be listed |
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| 1 | | by
street address, or if none, then by legal | 2 | | description). No time or demand
deposit in a financial | 3 | | institution, nor any debt instrument need be listed;
| 4 | | (2) Except for professional service entities, the | 5 | | name of any entity and
any position held therein from | 6 | | which income of in excess of $1,200 was
derived during | 7 | | the preceding calendar year, if the entity does | 8 | | business in
the State of Illinois. No time or demand | 9 | | deposit in a financial
institution, nor any debt | 10 | | instrument need be listed.
| 11 | | (3) The identity of any compensated lobbyist with | 12 | | whom the person making
the statement maintains a close | 13 | | economic association, including the name of
the | 14 | | lobbyist and specifying the legislative matter or | 15 | | matters which are the
object of the lobbying activity, | 16 | | and describing the general type of
economic activity of | 17 | | the client or principal on whose behalf that person is
| 18 | | lobbying.
| 19 | | (c) The following interests shall also be listed by | 20 | | persons listed in
items (a) through (c) and item (e) of | 21 | | Section 4A-101.5:
| 22 | | (1) The name and instrument of ownership in any | 23 | | entity doing business
with a unit of local government | 24 | | in relation to which the person is
required to file if | 25 | | the ownership interest of the person filing is greater
| 26 | | than $5,000 fair market value as of the date of filing |
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| 1 | | or if dividends in
excess of $1,200 were received from | 2 | | the entity during the preceding
calendar year. (In the | 3 | | case of real estate, location thereof shall be
listed | 4 | | by street address, or if none, then by legal | 5 | | description). No time
or demand deposit in a financial | 6 | | institution, nor any debt instrument need
be listed.
| 7 | | (2) Except for professional service entities, the | 8 | | name of any entity and
any position held therein from | 9 | | which income in excess of $1,200 was derived
during the | 10 | | preceding calendar year if the entity does business | 11 | | with a
unit of local government in relation to which | 12 | | the person is required to
file. No time or demand | 13 | | deposit in a financial institution, nor any debt
| 14 | | instrument need be listed.
| 15 | | (3) The name of any entity and the nature of the | 16 | | governmental action
requested by any entity which has | 17 | | applied to a unit of local
government
in relation to | 18 | | which the person must file for any license, franchise | 19 | | or
permit for annexation, zoning or rezoning of real | 20 | | estate during the
preceding calendar year if the | 21 | | ownership interest of the person filing is
in excess of | 22 | | $5,000 fair market value at the time of filing or if | 23 | | income or
dividends in excess of $1,200 were received | 24 | | by the person filing from the
entity during the | 25 | | preceding calendar year.
| 26 | | For the purposes of this Section, the unit of local |
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| 1 | | government in relation to which a person required to file under | 2 | | item (e) of Section 4A-101.5 shall be the unit of local | 3 | | government that contributes to the pension fund of which such | 4 | | person is a member of the board. | 5 | | (Source: P.A. 101-221, eff. 8-9-19.)
| 6 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| 7 | | Sec. 4A-103.
The statement of economic interests required | 8 | | by this Article to be filed
with the Secretary of State or | 9 | | county clerk shall be filled in by
typewriting or hand | 10 | | printing, shall be verified, dated, and signed by the
person | 11 | | making the statement and shall contain substantially the | 12 | | following:
| 13 | | STATEMENT OF ECONOMIC INTERESTS | 14 | | INSTRUCTIONS: | 15 | | You may find the following documents helpful to you in | 16 | | completing this form: | 17 | | (1) federal income tax returns, including any related | 18 | | schedules, attachments, and forms; and | 19 | | (2) investment and brokerage statements. | 20 | | To complete this form, you do not need to disclose specific | 21 | | amounts or values or report interests relating either to | 22 | | political committees registered with the Illinois State Board | 23 | | of Elections or to political committees, principal campaign |
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| 1 | | committees, or authorized committees registered with the | 2 | | Federal Election Commission. | 3 | | The information you disclose will be available to the | 4 | | public. | 5 | | You must answer all 6 questions. Certain questions will ask | 6 | | you to report any applicable assets or debts held in, or | 7 | | payable to, your name; held jointly by, or payable to, you with | 8 | | your spouse; or held jointly by, or payable to, you with your | 9 | | minor child. If you have any concerns about whether an interest | 10 | | should be reported, please consult your department's ethics | 11 | | officer, if applicable. | 12 | | Please ensure that the information you provide is complete | 13 | | and accurate. If you need more space than the form allows, | 14 | | please attach additional pages for your response. If you are | 15 | | subject to the State Officials and Employees Ethics Act, your | 16 | | ethics officer must review your statement of economic interests | 17 | | before you file it. Failure to complete the statement in good | 18 | | faith and within the prescribed deadline may subject you to | 19 | | fines, imprisonment, or both. | 20 | | BASIC INFORMATION: | 21 | | Name: ........................................................ | 22 | | Job title: ................................................... | 23 | | Office, department, or agency that requires you to file this | 24 | | form: ........................................................ | 25 | | Other offices, departments, or agencies that require you to |
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| 1 | | file a Statement of Economic Interests form: ................ | 2 | | Full mailing address: ........................................ | 3 | | Preferred e-mail address (optional): ......................... | 4 | | QUESTIONS: | 5 | | 1. If you have any single asset that was worth more than | 6 | | $5,000 as of the end of the preceding calendar year and is held | 7 | | in, or payable to, your name, held jointly by, or payable to, | 8 | | you with your spouse, or held jointly by, or payable to, you | 9 | | with your minor child,
list such assets below. In the case of | 10 | | investment real estate, list the city and state where the | 11 | | investment real estate is located. If you do not have any such | 12 | | assets, list "none" below. | 13 | | ............................................................. | 14 | | ............................................................. | 15 | | ............................................................. | 16 | | ............................................................. | 17 | | ............................................................. | 18 | | 2. Excluding the position for which you are required to | 19 | | file this form, list the source of any income in excess of | 20 | | $1,200 required to be reported during the preceding calendar | 21 | | year. If you sold an asset that produced more than $5,000 in | 22 | | capital gains in the preceding calendar year, list the name of | 23 | | the asset and the transaction date on which the sale or | 24 | | transfer took place. If you had no such sources of income or | 25 | | assets, list "none" below. | |
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| 1 | | Source of Income / Name of |
Date Sold (if applicable) |
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2 | | Asset | |
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3 | | ............................... |
............................... |
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4 | | ............................... |
............................... |
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5 | | ............................... |
............................... |
| 6 | | 3. Excluding debts incurred on terms available to the | 7 | | general public, such as mortgages, student loans, and credit | 8 | | card debts, if you owed any single debt in the preceding | 9 | | calendar year exceeding $5,000, list the creditor of the debt | 10 | | below. If you had no such debts, list "none" below. | 11 | | List the creditor for all applicable debts owed by you, | 12 | | owed jointly by you with your spouse, or owed jointly by you | 13 | | with your minor child. In addition to the types of debts listed | 14 | | above, you do not need to report any debts to or from financial | 15 | | institutions or government agencies, such as debts secured by | 16 | | automobiles, household furniture or appliances, as long as the | 17 | | debt was made on terms available to the general public, debts | 18 | | to members of your family, or debts to or from a political | 19 | | committee registered with the Illinois State Board of Elections | 20 | | or any political committee, principal campaign committee, or | 21 | | authorized committee registered with the Federal Election | 22 | | Commission. | 23 | | ............................................................. | 24 | | ............................................................. | 25 | | ............................................................. |
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| 1 | | ............................................................. | 2 | | 4. List the name of each unit of government of which you or | 3 | | your spouse were an employee, contractor, or office holder | 4 | | during the preceding calendar year other than the unit or units | 5 | | of government in relation to which the person is required to | 6 | | file and the title of the position or nature of the contractual | 7 | | services. |
|
8 | | Name of Unit of Government |
Title or Nature of Services |
|
9 | | ............................... |
............................... |
|
10 | | ............................... |
............................... |
|
11 | | ............................... |
............................... |
| 12 | | 5. If you maintain an economic relationship with a lobbyist | 13 | | or if a member of your family is known to you to be a lobbyist | 14 | | registered with any unit of government in the State of | 15 | | Illinois, list the name of the lobbyist below and identify the | 16 | | nature of your relationship with the lobbyist. If you do not | 17 | | have an economic relationship with a lobbyist or a family | 18 | | member known to you to be a lobbyist registered with any unit | 19 | | of government in the State of Illinois, list "none" below. |
|
20 | | Name of Lobbyist |
Relationship to Filer |
|
21 | | ............................... |
............................... |
|
22 | | ............................... |
............................... |
|
23 | | ............................... |
............................... |
| 24 | | 6. List the name of each person, organization, or entity |
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| 1 | | that was the source of a gift or gifts, or honorarium or | 2 | | honoraria, valued singly or in the aggregate in excess of $500 | 3 | | received during the preceding calendar year and the type of | 4 | | gift or gifts, or honorarium or honoraria, excluding any gift | 5 | | or gifts from a member of your family that was not known to be a | 6 | | lobbyist registered with any unit of government in the State of | 7 | | Illinois. If you had no such gifts, list "none" below. | 8 | | ............................................................. | 9 | | ............................................................. | 10 | | ............................................................. | 11 | | VERIFICATION: | 12 | | "I declare that this statement of economic interests | 13 | | (including any attachments) has been examined by me and to the | 14 | | best of my knowledge and belief is a true, correct and complete | 15 | | statement of my economic interests as required by the Illinois | 16 | | Governmental Ethics Act. I understand that the penalty for | 17 | | willfully filing a false or incomplete statement is a fine not | 18 | | to exceed $2,500 or imprisonment in a penal institution other | 19 | | than the penitentiary not to exceed one year, or both fine and | 20 | | imprisonment." | 21 | | Printed Name of Filer: ....................................... | 22 | | Date: ........................................................ | 23 | | Signature: ................................................... | 24 | | If this statement of economic interests requires ethics officer |
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| 1 | | review prior to filing, the applicable ethics officer must | 2 | | complete the following: | 3 | | CERTIFICATION OF ETHICS OFFICER REVIEW: | 4 | | "In accordance with law, as Ethics Officer, I reviewed this | 5 | | statement of economic interests prior to its filing." | 6 | | Printed Name of Ethics Officer: .............................. | 7 | | Date: ........................................................ | 8 | | Signature: ................................................... | 9 | | Preferred e-mail address (optional): ......................... | 10 | | STATEMENT OF ECONOMIC INTEREST
| 11 | | (TYPE OR HAND PRINT)
| 12 | | .............................................................
| 13 | | (name)
| 14 | | .............................................................
| 15 | | (each office or position of employment for which this
statement | 16 | | is filed)
| 17 | | .............................................................
| 18 | | (full mailing address)
| 19 | | GENERAL DIRECTIONS:
| 20 | | The interest (if constructively controlled by the person | 21 | | making the
statement) of a spouse or any other party, shall be | 22 | | considered to be the
same as the interest of the person making | 23 | | the statement.
| 24 | | Campaign receipts shall not be included in this statement.
|
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| 1 | | If additional space is needed, please attach supplemental | 2 | | listing.
| 3 | | 1. List the name and instrument of ownership in any entity | 4 | | doing
business in the State of Illinois, in which the ownership | 5 | | interest held by
the person at the date of filing is in excess | 6 | | of $5,000 fair market value
or from which dividends in excess | 7 | | of $1,200 were derived during the
preceding calendar year. (In | 8 | | the case of real estate, location thereof
shall be listed by | 9 | | street address, or if none, then by legal description.)
No time | 10 | | or demand deposit in a financial institution, nor any debt
| 11 | | instrument need be listed.
|
|
12 | | Business Entity |
Instrument of Ownership |
|
13 | | ............................... |
............................... |
|
14 | | ............................... |
............................... |
|
15 | | ............................... |
............................... |
|
16 | | ............................... |
............................... |
|
17 | | 2. List the name, address and type of practice of any | 18 | | professional
organization in which the person making the | 19 | | statement was an officer,
director, associate, partner or | 20 | | proprietor or served in any advisory
capacity, from which | 21 | | income in excess of $1,200 was derived during the
preceding | 22 | | calendar year.
|
|
23 | | Name |
Address |
Type of Practice |
|
24 | | .................... |
.................... |
..................... |
|
25 | | .................... |
.................... |
..................... |
|
26 | | .................... |
.................... |
..................... |
|
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| 1 | | 3. List the nature of professional services rendered (other | 2 | | than to the
State of Illinois) to each entity from which income | 3 | | exceeding $5,000 was
received for professional services | 4 | | rendered during the preceding calendar
year by the person | 5 | | making the statement.
| 6 | | .............................................................
| 7 | | .............................................................
| 8 | | 4. List the identity (including the address or legal | 9 | | description of real
estate) of any capital asset from which a | 10 | | capital gain of $5,000 or more
was realized during the | 11 | | preceding calendar year.
| 12 | | .............................................................
| 13 | | .............................................................
| 14 | | 5. List the identity of any compensated lobbyist with whom | 15 | | the person
making the statement maintains a close economic | 16 | | association, including the
name of the lobbyist and specifying | 17 | | the legislative matter or matters which
are the object of the | 18 | | lobbying activity, and describing the general type of
economic | 19 | | activity of the client or principal on whose behalf that person | 20 | | is
lobbying.
|
|
21 | | Lobbyist |
Legislative Matter |
Client or Principal |
|
22 | | .................... |
.................... |
..................... |
|
23 | | .................... |
.................... |
..................... |
|
24 | | 6. List the name of any entity doing business in the State | 25 | | of Illinois
from which income in excess of $1,200 was derived | 26 | | during the preceding
calendar year other than for professional |
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| 1 | | services and the title or
description of any position held in | 2 | | that entity. (In the case of real
estate, location thereof | 3 | | shall be listed by street address, or if none,
then by legal | 4 | | description). No time or demand deposit in a financial
| 5 | | institution nor any debt instrument need be listed.
|
|
6 | | Entity |
Position Held |
|
7 | | ............................... |
............................... |
|
8 | | ............................... |
............................... |
|
9 | | ............................... |
............................... |
|
10 | | 7. List the name of any unit of government which employed | 11 | | the person
making the statement during the preceding calendar | 12 | | year other than the unit
or units
of government in relation to | 13 | | which the person is required to file.
| 14 | | .............................................................
| 15 | | .............................................................
| 16 | | 8. List the name of any entity from which a gift or gifts, | 17 | | or honorarium
or honoraria, valued singly or in the aggregate | 18 | | in excess of $500, was
received during the preceding calendar | 19 | | year.
| 20 | | .............................................................
| 21 | | VERIFICATION:
| 22 | | "I declare that this statement of economic interests | 23 | | (including any
accompanying schedules and statements) has been | 24 | | examined by me and to the
best of my knowledge and belief is a | 25 | | true, correct and complete statement
of my economic interests | 26 | | as required by the Illinois Governmental Ethics
Act. I |
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| 1 | | understand that the penalty for willfully filing a false or
| 2 | | incomplete statement shall be a fine not to exceed $1,000 or | 3 | | imprisonment
in a penal institution other than the penitentiary | 4 | | not to exceed one year,
or both fine and imprisonment."
| 5 | | ................ ..........................................
| 6 | | (date of filing) (signature of person making the statement)
| 7 | | (Source: P.A. 95-173, eff. 1-1-08.)
| 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 ; provided, a filer's statement made in reasonable, | 13 | | good faith reliance on the guidance provided by the Secretary | 14 | | of State pursuant Section 4A-102 or his or her ethics officer | 15 | | shall not constitute a willful false or incomplete statement .
| 16 | | Except when the fees and penalties for late filing have | 17 | | been waived under Section 4A-105, failure to file a statement | 18 | | within the time prescribed shall result in
ineligibility for, | 19 | | or forfeiture of, office or position of employment, as
the case | 20 | | may be; provided, however, that if the notice of failure to
| 21 | | file a statement of economic interests provided in Section | 22 | | 4A-105 of this
Act is not given by the Secretary of State or | 23 | | the county clerk, as the case
may be, no forfeiture shall | 24 | | result if a statement is filed within 30 days
of actual notice | 25 | | of the failure to file. The Secretary of State shall provide |
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| 1 | | the Attorney General with the names of persons who failed to | 2 | | file a statement. The county clerk shall provide the State's | 3 | | Attorney of the county of the entity for which the filing of | 4 | | statement of economic interest is required with the name of | 5 | | persons who failed to file a statement.
| 6 | | The Attorney General, with respect to offices or positions | 7 | | described in
items (a) through (f) and items (j), (l), (n), and | 8 | | (p) of Section 4A-101 of this
Act, or the State's
Attorney of | 9 | | the county of the entity for which the filing of statements of
| 10 | | economic interests is required, with respect to offices or | 11 | | positions
described in items (a) through (e) of
Section | 12 | | 4A-101.5,
shall bring an action in quo warranto against any | 13 | | person who has failed to file
by either May 31 or June 30 of any | 14 | | given year and for whom the fees and penalties for late filing | 15 | | have not been waived under Section 4A-105.
| 16 | | (Source: P.A. 101-221, eff. 8-9-19.)
| 17 | | (5 ILCS 420/4A-108) | 18 | | Sec. 4A-108. Internet-based systems of filing. | 19 | | (a) Notwithstanding any other provision of this Act or any | 20 | | other law, the Secretary of State and county clerks are | 21 | | authorized to institute an Internet-based system for the filing | 22 | | of statements of economic interests in their offices. With | 23 | | respect to county clerk systems, the determination to institute | 24 | | such a system shall be in the sole discretion of the county | 25 | | clerk and shall meet the requirements set out in this Section. |
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| 1 | | With respect to a Secretary of State system, the determination | 2 | | to institute such a system shall be in the sole discretion of | 3 | | the Secretary of State and shall meet the requirements set out | 4 | | in this Section and those Sections of the State Officials and | 5 | | Employees Ethics Act requiring ethics officer review prior to | 6 | | filing. The system shall be capable of allowing an ethics | 7 | | officer to approve a statement of economic interests and shall | 8 | | include a means to amend a statement of economic interests. | 9 | | When this Section does not modify or remove the requirements | 10 | | set forth elsewhere in this Article, those requirements shall | 11 | | apply to any system of Internet-based filing authorized by this | 12 | | Section. When this Section does modify or remove the | 13 | | requirements set forth elsewhere in this Article, the | 14 | | provisions of this Section shall apply to any system of | 15 | | Internet-based filing authorized by this Section. | 16 | | (b) In any system of Internet-based filing of statements of | 17 | | economic interests instituted by the Secretary of State or a | 18 | | county clerk: | 19 | | (1) Any filing of an Internet-based statement of | 20 | | economic interests shall be the equivalent of the filing of | 21 | | a verified, written statement of economic interests as | 22 | | required by Section 4A-101 or 4A-101.5 and the equivalent | 23 | | of the filing of a verified, dated, and signed statement of | 24 | | economic interests as required by Section 4A-103 4A-104 . | 25 | | (2) The Secretary of State and county clerks who | 26 | | institute a system of Internet-based filing of statements |
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| 1 | | of economic interests shall establish a password-protected | 2 | | website to receive the filings of such statements. A | 3 | | website established under this Section shall set forth and | 4 | | provide a means of responding to the items set forth in | 5 | | Section 4A-103 4A-102 that are required of a person who | 6 | | files a statement of economic interests with that officer. | 7 | | A website established under this Section shall set forth | 8 | | and provide a means of generating a printable receipt page | 9 | | acknowledging filing. | 10 | | (3) The times for the filing of statements of economic | 11 | | interests set forth in Section 4A-105 shall be followed in | 12 | | any system of Internet-based filing of statements of | 13 | | economic interests; provided that a candidate for elective | 14 | | office who is required to file a statement of economic | 15 | | interests in relation to his or her candidacy pursuant to | 16 | | Section 4A-105(a) shall receive a written or printed | 17 | | receipt for his or her filing. | 18 | | A candidate filing for Governor, Lieutenant Governor, | 19 | | Attorney General, Secretary of State, Treasurer, | 20 | | Comptroller, State Senate, or State House of | 21 | | Representatives , Supreme Court Justice, appellate court | 22 | | judge, circuit court judge, or judicial retention shall not | 23 | | use the Internet to file his or her statement of economic | 24 | | interests, but shall file his or her statement of economic | 25 | | interests in a written or printed form and shall receive a | 26 | | written or printed receipt for his or her filing. Annually, |
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| 1 | | the duly appointed ethics officer for each legislative | 2 | | caucus shall certify to the Secretary of State whether his | 3 | | or her caucus members will file their statements of | 4 | | economic interests electronically or in a written or | 5 | | printed format for that year. If the ethics officer for a | 6 | | caucus certifies that the statements of economic interests | 7 | | shall be written or printed, then members of the General | 8 | | Assembly of that caucus shall not use the Internet to file | 9 | | his or her statement of economic interests, but shall file | 10 | | his or her statement of economic interests in a written or | 11 | | printed form and shall receive a written or printed receipt | 12 | | for his or her filing. If no certification is made by an | 13 | | ethics officer for a legislative caucus, or if a member of | 14 | | the General Assembly is not affiliated with a legislative | 15 | | caucus, then the affected member or members of the General | 16 | | Assembly may file their statements of economic interests | 17 | | using the Internet. | 18 | | (4) In the first year of the implementation of a system | 19 | | of Internet-based filing of statements of economic | 20 | | interests, each person required to file such a statement is | 21 | | to be notified in writing of his or her obligation to file | 22 | | his or her statement of economic interests by way of the | 23 | | Internet-based system. If access to the website web site | 24 | | requires a code or password, this information shall be | 25 | | included in the notice prescribed by this paragraph. | 26 | | (5) When a person required to file a statement of |
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| 1 | | economic interests has supplied the Secretary of State or a | 2 | | county clerk, as applicable, with an email address for the | 3 | | purpose of receiving notices under this Article by email, a | 4 | | notice sent by email to the supplied email address shall be | 5 | | the equivalent of a notice sent by first class mail, as set | 6 | | forth in Section 4A-106 or 4A-106.5. A person who has | 7 | | supplied such an email address shall notify the Secretary | 8 | | of State or county clerk, as applicable, when his or her | 9 | | email address changes or if he or she no longer wishes to | 10 | | receive notices by email. | 11 | | (6) If any person who is required to file a statement | 12 | | of economic interests and who has chosen to receive notices | 13 | | by email fails to file his or her statement by May 10, then | 14 | | the Secretary of State or county clerk, as applicable, | 15 | | shall send an additional email notice on that date, | 16 | | informing the person that he or she has not filed and | 17 | | describing the penalties for late filing and failing to | 18 | | file. This notice shall be in addition to other notices | 19 | | provided for in this Article. | 20 | | (7) The Secretary of State and each county clerk who | 21 | | institutes a system of Internet-based filing of statements | 22 | | of economic interests may also institute an Internet-based | 23 | | process for the filing of the list of names and addresses | 24 | | of persons required to file statements of economic | 25 | | interests by the chief administrative officers that must | 26 | | file such information with the Secretary of State or county |
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| 1 | | clerk, as applicable, pursuant to Section 4A-106 or | 2 | | 4A-106.5. Whenever the Secretary of State or a county clerk | 3 | | institutes such a system under this paragraph, every chief | 4 | | administrative officer must use the system to file this | 5 | | information. | 6 | | (8) The Secretary of State and any county clerk who | 7 | | institutes a system of Internet-based filing of statements | 8 | | of economic interests shall post the contents of such | 9 | | statements filed with him or her available for inspection | 10 | | and copying on a publicly accessible website. Such postings | 11 | | shall not include the addresses or signatures of the | 12 | | filers.
| 13 | | (Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19; | 14 | | revised 9-12-19.)
| 15 | | (5 ILCS 420/4A-104 rep.)
| 16 | | Section 10. The Illinois Governmental Ethics Act is amended | 17 | | by repealing Section 4A-104 on January 1, 2022. | 18 | | Section 15. The State Officials and Employees Ethics Act is | 19 | | amended by changing Sections 5-40, 5-45, 25-5, 25-10, and 25-15 | 20 | | as follows: | 21 | | (5 ILCS 430/5-40)
| 22 | | Sec. 5-40. Fundraising in Sangamon County. Except as | 23 | | provided in this
Section, any executive branch constitutional |
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| 1 | | officer, any candidate for an
executive branch constitutional | 2 | | office, any member of the General Assembly,
any candidate for | 3 | | the General Assembly, any political caucus of the General
| 4 | | Assembly, or any political committee on behalf of any of the | 5 | | foregoing may not
hold a political fundraising function in | 6 | | Sangamon County or a virtual fundraising function on any day | 7 | | the legislature is
in session or the day immediately prior to | 8 | | or immediately after such day; except that executive branch | 9 | | constitutional officers, candidates for an executive branch | 10 | | constitutional office, members of the General Assembly, and | 11 | | candidates candidate for the General Assembly may have a | 12 | | virtual fundraising function on the day before or after a day | 13 | | the legislature is in session if the officer, member, or | 14 | | candidate is not in Sangamon County (i) during the period | 15 | | beginning February 1 and ending on the later
of the actual | 16 | | adjournment dates
of either house of the spring session and | 17 | | (ii) during fall veto session . For purposes of this Section, | 18 | | the legislature is not considered to be in
session on a day | 19 | | that is solely a perfunctory session day or on a day when only
| 20 | | a committee is meeting.
| 21 | | During the period beginning June 1 and ending on the first | 22 | | day of fall veto
session each year, this Section does not apply | 23 | | to (i) a member of the General
Assembly whose legislative or | 24 | | representative district is entirely within
Sangamon County or | 25 | | (ii) a candidate for the General Assembly from that
legislative | 26 | | or representative district.
|
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| 1 | | (Source: P.A. 96-555, eff. 8-18-09.) | 2 | | (5 ILCS 430/5-45)
| 3 | | Sec. 5-45. Procurement; revolving door prohibition.
| 4 | | (a) No former officer, member, or State employee, or spouse | 5 | | or
immediate family member living with such person, shall, | 6 | | within a period of one
year immediately after termination of | 7 | | State employment, knowingly accept
employment or receive | 8 | | compensation or fees for services from a person or entity
if | 9 | | the officer, member, or State employee, during the year | 10 | | immediately
preceding termination of State employment, | 11 | | participated personally and
substantially in the award of State | 12 | | contracts, or the issuance of State contract change orders, | 13 | | with a cumulative value
of $25,000
or more to the person or | 14 | | entity, or its parent or subsidiary.
| 15 | | (a-5) No officer, member, or spouse or immediate family | 16 | | member living with such person shall, during the officer or | 17 | | member's term in office or within a period of 2 years | 18 | | immediately leaving office, hold an ownership interest, other | 19 | | than a passive interest in a publicly traded company, in any | 20 | | gaming license under the Illinois Gambling Act, the Video | 21 | | Gaming Act, the Illinois Horse Racing Act of 1975, or the | 22 | | Sports Wagering Act. Any member of the General Assembly or | 23 | | spouse or immediate family member living with such person who | 24 | | has an ownership interest, other than a passive interest in a | 25 | | publicly traded company, in any gaming license under the |
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| 1 | | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | 2 | | the Video Gaming Act, or the Sports Wagering Act at the time of | 3 | | the effective date of this amendatory Act of the 101st General | 4 | | Assembly shall divest himself or herself of such ownership | 5 | | within one year after the effective date of this amendatory Act | 6 | | of the 101st General Assembly. No State employee who works for | 7 | | the Illinois Gaming Board or Illinois Racing Board or spouse or | 8 | | immediate family member living with such person shall, during | 9 | | State employment or within a period of 2 years immediately | 10 | | after termination of State employment, hold an ownership | 11 | | interest, other than a passive interest in a publicly traded | 12 | | company, in any gaming license under the Illinois Gambling Act, | 13 | | the Video Gaming Act, the Illinois Horse Racing Act of 1975, or | 14 | | the Sports Wagering Act. | 15 | | (a-10) This subsection (a-10) applies on and after June 25, | 16 | | 2021. No officer, member, or spouse or immediate family member | 17 | | living with such person, shall, during the officer or member's | 18 | | term in office or within a period of 2 years immediately after | 19 | | leaving office, hold an ownership interest, other than a | 20 | | passive interest in a publicly traded company, in any cannabis | 21 | | business establishment which is licensed under the Cannabis | 22 | | Regulation and Tax Act. Any member of the General Assembly or | 23 | | spouse or immediate family member living with such person who | 24 | | has an ownership interest, other than a passive interest in a | 25 | | publicly traded company, in any cannabis business | 26 | | establishment which is licensed under the Cannabis Regulation |
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| 1 | | and Tax Act at the time of the effective date of this | 2 | | amendatory Act of the 101st General Assembly shall divest | 3 | | himself or herself of such ownership within one year after the | 4 | | effective date of this amendatory Act of the 101st General | 5 | | Assembly. | 6 | | No State employee who works for any State agency that | 7 | | regulates cannabis business establishment license holders who | 8 | | participated personally and substantially in the award of | 9 | | licenses under the Cannabis Regulation and Tax Act or a spouse | 10 | | or immediate family member living with such person shall, | 11 | | during State employment or within a period of 2 years | 12 | | immediately after termination of State employment, hold an | 13 | | ownership interest, other than a passive interest in a publicly | 14 | | traded company, in any cannabis license under the Cannabis | 15 | | Regulation and Tax Act. | 16 | | (b) No former officer of the executive branch or State | 17 | | employee of the
executive branch with regulatory or
licensing | 18 | | authority, or spouse or immediate family member living with | 19 | | such
person, shall, within a period of one year immediately | 20 | | after termination of
State employment, knowingly accept | 21 | | employment or receive compensation or fees
for services from a | 22 | | person or entity if the officer
or State
employee, during the | 23 | | year immediately preceding
termination of State employment, | 24 | | participated personally and substantially in making a | 25 | | regulatory or licensing decision that
directly applied to the | 26 | | person or entity, or its parent or subsidiary. |
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| 1 | | (b-5) Beginning January 1, 2022, no former officer of the | 2 | | executive branch shall, within a period of 6 months immediately | 3 | | after leaving office or for the remainder of that officer's | 4 | | term engage in activities at the State level that require | 5 | | registration under the Lobbyist Registration Act.
| 6 | | (b-7) Beginning January 1, 2022, no former member shall, | 7 | | within a period of 6 months immediately after leaving office or | 8 | | for the remainder of the General Assembly to which that member | 9 | | was elected engage in activities at the State level that | 10 | | require registration under the Lobbyist Registration Act. | 11 | | (c) Within 6 months after the effective date of this | 12 | | amendatory Act of the 96th General Assembly, each executive | 13 | | branch constitutional officer and legislative leader, the | 14 | | Auditor General, and the Joint Committee on Legislative Support | 15 | | Services shall adopt a policy delineating which State positions | 16 | | under his or her jurisdiction and control, by the nature of | 17 | | their duties, may have the authority to participate personally | 18 | | and substantially in the award of State contracts or in | 19 | | regulatory or licensing decisions. The Governor shall adopt | 20 | | such a policy for all State employees of the executive branch | 21 | | not under the jurisdiction and control of any other executive | 22 | | branch constitutional officer.
| 23 | | The policies required under subsection (c) of this Section | 24 | | shall be filed with the appropriate ethics commission | 25 | | established under this Act or, for the Auditor General, with | 26 | | the Office of the Auditor General. |
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| 1 | | (d) Each Inspector General shall have the authority to | 2 | | determine that additional State positions under his or her | 3 | | jurisdiction, not otherwise subject to the policies required by | 4 | | subsection (c) of this Section, are nonetheless subject to the | 5 | | notification requirement of subsection (f) below due to their | 6 | | involvement in the award of State contracts or in regulatory or | 7 | | licensing decisions. | 8 | | (e) The Joint Committee on Legislative Support Services, | 9 | | the Auditor General, and each of the executive branch | 10 | | constitutional officers and legislative leaders subject to | 11 | | subsection (c) of this Section shall provide written | 12 | | notification to all employees in positions subject to the | 13 | | policies required by subsection (c) or a determination made | 14 | | under subsection (d): (1) upon hiring, promotion, or transfer | 15 | | into the relevant position; and (2) at the time the employee's | 16 | | duties are changed in such a way as to qualify that employee. | 17 | | An employee receiving notification must certify in writing that | 18 | | the person was advised of the prohibition and the requirement | 19 | | to notify the appropriate Inspector General in subsection (f). | 20 | | (f) Any State employee in a position subject to the | 21 | | policies required by subsection (c) or to a determination under | 22 | | subsection (d), but who does not fall within the prohibition of | 23 | | subsection (h) below, who is offered non-State employment | 24 | | during State employment or within a period of one year | 25 | | immediately after termination of State employment shall, prior | 26 | | to accepting such non-State employment, notify the appropriate |
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| 1 | | Inspector General. Within 10 calendar days after receiving | 2 | | notification from an employee in a position subject to the | 3 | | policies required by subsection (c), such Inspector General | 4 | | shall make a determination as to whether the State employee is | 5 | | restricted from accepting such employment by subsection (a) or | 6 | | (b). In making a determination, in addition to any other | 7 | | relevant information, an Inspector General shall assess the | 8 | | effect of the prospective employment or relationship upon | 9 | | decisions referred to in subsections (a) and (b), based on the | 10 | | totality of the participation by the former officer, member, or | 11 | | State employee in those decisions. A determination by an | 12 | | Inspector General must be in writing, signed and dated by the | 13 | | Inspector General, and delivered to the subject of the | 14 | | determination within 10 calendar days or the person is deemed | 15 | | eligible for the employment opportunity. For purposes of this | 16 | | subsection, "appropriate Inspector General" means (i) for | 17 | | members and employees of the legislative branch, the | 18 | | Legislative Inspector General; (ii) for the Auditor General and | 19 | | employees of the Office of the Auditor General, the Inspector | 20 | | General provided for in Section 30-5 of this Act; and (iii) for | 21 | | executive branch officers and employees, the Inspector General | 22 | | having jurisdiction over the officer or employee. Notice of any | 23 | | determination of an Inspector General and of any such appeal | 24 | | shall be given to the ultimate jurisdictional authority, the | 25 | | Attorney General, and the Executive Ethics Commission. | 26 | | (g) An Inspector General's determination regarding |
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| 1 | | restrictions under subsection (a) or (b) may be appealed to the | 2 | | appropriate Ethics Commission by the person subject to the | 3 | | decision or the Attorney General no later than the 10th | 4 | | calendar day after the date of the determination. | 5 | | On appeal, the Ethics Commission or Auditor General shall | 6 | | seek, accept, and consider written public comments regarding a | 7 | | determination. In deciding whether to uphold an Inspector | 8 | | General's determination, the appropriate Ethics Commission or | 9 | | Auditor General shall assess, in addition to any other relevant | 10 | | information, the effect of the prospective employment or | 11 | | relationship upon the decisions referred to in subsections (a) | 12 | | and (b), based on the totality of the participation by the | 13 | | former officer, member, or State employee in those decisions. | 14 | | The Ethics Commission shall decide whether to uphold an | 15 | | Inspector General's determination within 10 calendar days or | 16 | | the person is deemed eligible for the employment opportunity. | 17 | | (h) The following officers, members, or State employees | 18 | | shall not, within a period of one year immediately after | 19 | | termination of office or State employment, knowingly accept | 20 | | employment or receive compensation or fees for services from a | 21 | | person or entity if the person or entity or its parent or | 22 | | subsidiary, during the year immediately preceding termination | 23 | | of State employment, was a party to a State contract or | 24 | | contracts with a cumulative value of $25,000 or more involving | 25 | | the officer, member, or State employee's State agency, or was | 26 | | the subject of a regulatory or licensing decision involving the |
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| 1 | | officer, member, or State employee's State agency, regardless | 2 | | of whether he or she participated personally and substantially | 3 | | in the award of the State contract or contracts or the making | 4 | | of the regulatory or licensing decision in question: | 5 | | (1) members or officers; | 6 | | (2) members of a commission or board created by the | 7 | | Illinois Constitution; | 8 | | (3) persons whose appointment to office is subject to | 9 | | the advice and consent of the Senate; | 10 | | (4) the head of a department, commission, board, | 11 | | division, bureau, authority, or other administrative unit | 12 | | within the government of this State; | 13 | | (5) chief procurement officers, State purchasing | 14 | | officers, and their designees whose duties are directly | 15 | | related to State procurement; | 16 | | (6) chiefs of staff, deputy chiefs of staff, associate | 17 | | chiefs of staff, assistant chiefs of staff, and deputy | 18 | | governors; | 19 | | (7) employees of the Illinois Racing Board; and | 20 | | (8) employees of the Illinois Gaming Board. | 21 | | (i) For the purposes of this Section, with respect to | 22 | | officers or employees of a regional transit board, as defined | 23 | | in this Act, the phrase "person or entity" does not include: | 24 | | (i) the United States government, (ii) the State, (iii) | 25 | | municipalities, as defined under Article VII, Section 1 of the | 26 | | Illinois Constitution, (iv) units of local government, as |
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| 1 | | defined under Article VII, Section 1 of the Illinois | 2 | | Constitution, or (v) school districts. | 3 | | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.) | 4 | | Section 20. The Election Code is amended by changing | 5 | | Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5 as | 6 | | follows:
| 7 | | (10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
| 8 | | Sec. 1A-14. Political activity by members of the State | 9 | | Board of Elections. | 10 | | (a) No member of the State Board of Elections may become a | 11 | | candidate
for nomination for, or election to,
or accept | 12 | | appointment to or hold any other remunerative public office or | 13 | | public
employment or any office in a political party. No member | 14 | | of the State Board of Elections shall: (i) contribute, either | 15 | | financially or in services or goods or any other way, to any | 16 | | political committee; (ii) serve as an officer of any political | 17 | | committee; or (iii) be a candidate who is designated as the | 18 | | candidate to be supported by a candidate political committee. | 19 | | (b) A member of the State Board of Elections who is either | 20 | | an officer of a political committee or a candidate who is | 21 | | designated as the candidate to be supported by a candidate | 22 | | political committee shall within 30 days after confirmation by | 23 | | the Senate: (i) resign as an officer of the political | 24 | | committee; (ii) have his or her name removed as the candidate |
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| 1 | | to be supported by a political committee; (iii) notify the | 2 | | Board of the member's intent to convert the political committee | 3 | | to a limited activity committee under Section 9-1.8, and | 4 | | complete the transition to a limited activity committee within | 5 | | 60 days after confirmation; or (iv) dissolve the committee. A | 6 | | member of the State Board of Elections who is in violation of | 7 | | this subsection (b) on the effective date of this amendatory | 8 | | Act of the 101st General Assembly must come into compliance | 9 | | within 30 days after the effective date of this amendatory Act | 10 | | of the 101st General Assembly. | 11 | | (c) Violation of any prohibition
in this Section shall | 12 | | disqualify a member of the Board and a
vacancy is thereby | 13 | | created. A vacancy also exists upon the occurrence of
any of | 14 | | the events enumerated in Section 25-2 of this Act as in the | 15 | | case
of an elective office. | 16 | | (d) As used in this Section, "political committee" includes | 17 | | both the meaning provided in Section 9-1.8 of this Code and the | 18 | | meaning provided in 52 U.S.C. 30101.
| 19 | | (Source: P.A. 80-1178.)
| 20 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 21 | | Sec. 9-1.8. Political committees. | 22 | | (a) "Political committee" includes a candidate political | 23 | | committee, a political party committee, a political action | 24 | | committee, a ballot initiative committee, and an independent | 25 | | expenditure committee. |
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| 1 | | (b) "Candidate political committee" means the candidate | 2 | | himself or herself or any natural person, trust, partnership, | 3 | | corporation, or other organization or group of persons | 4 | | designated by the candidate that accepts contributions or makes | 5 | | expenditures during any 12-month period in an aggregate amount | 6 | | exceeding $5,000 on behalf of the candidate. | 7 | | (c) "Political party committee" means the State central | 8 | | committee of a political party, a county central committee of a | 9 | | political party, a legislative caucus committee, or a committee | 10 | | formed by a ward or township committeeperson of a political | 11 | | party. For purposes of this Article, a "legislative caucus | 12 | | committee" means a committee established for the purpose of | 13 | | electing candidates to the General Assembly by the person | 14 | | elected President of the Senate, Minority Leader of the Senate, | 15 | | Speaker of the House of Representatives, Minority Leader of the | 16 | | House of Representatives, or a committee established by 5 or | 17 | | more members of the same caucus of the Senate or 10 or more | 18 | | members of the same caucus of the House of Representatives. | 19 | | (d) "Political action committee" means any natural person, | 20 | | trust, partnership, committee, association, corporation, or | 21 | | other organization or group of persons, other than a candidate, | 22 | | political party, candidate political committee, or political | 23 | | party committee, that accepts contributions or makes | 24 | | expenditures during any 12-month period in an aggregate amount | 25 | | exceeding $5,000 on behalf of or in opposition to a candidate | 26 | | or candidates for public office. "Political action committee" |
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| 1 | | includes any natural person, trust, partnership, committee, | 2 | | association, corporation, or other organization or group of | 3 | | persons, other than a candidate, political party, candidate | 4 | | political committee, or political party committee, that makes | 5 | | electioneering communications during any 12-month period in an | 6 | | aggregate amount exceeding $5,000 related to any candidate or | 7 | | candidates for public office. | 8 | | (e) "Ballot initiative committee" means any natural | 9 | | person, trust, partnership, committee, association, | 10 | | corporation, or other organization or group of persons that | 11 | | accepts contributions or makes expenditures during any | 12 | | 12-month period in an aggregate amount exceeding $5,000 in | 13 | | support of or in opposition to any question of public policy to | 14 | | be submitted to the electors. "Ballot initiative committee" | 15 | | includes any natural person, trust, partnership, committee, | 16 | | association, corporation, or other organization or group of | 17 | | persons that makes electioneering communications during any | 18 | | 12-month period in an aggregate amount exceeding $5,000 related | 19 | | to any question of public policy to be submitted to the voters. | 20 | | The $5,000 threshold applies to any contributions or | 21 | | expenditures received or made with the purpose of securing a | 22 | | place on the ballot for, advocating the defeat or passage of, | 23 | | or engaging in electioneering communication regarding the | 24 | | question of public policy, regardless of the method of | 25 | | initiation of the question of public policy and regardless of | 26 | | whether petitions have been circulated or filed with the |
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| 1 | | appropriate office or whether the question has been adopted and | 2 | | certified by the governing body. | 3 | | (f) "Independent expenditure committee" means any trust, | 4 | | partnership, committee, association, corporation, or other | 5 | | organization or group of persons formed for the exclusive
| 6 | | purpose of making independent expenditures during any 12-month | 7 | | period in an aggregate amount exceeding $5,000 in support of or | 8 | | in opposition to (i) the nomination for election, election, | 9 | | retention, or defeat of any public official or candidate or | 10 | | (ii) any question of public policy to be submitted to the | 11 | | electors. "Independent expenditure committee" also includes | 12 | | any trust, partnership, committee, association, corporation, | 13 | | or other organization or group of persons that makes | 14 | | electioneering communications that are not made in connection, | 15 | | consultation, or concert with or at the request or suggestion | 16 | | of a public official or candidate, a public official's or | 17 | | candidate's designated political committee or campaign, or an | 18 | | agent or agents of the public official, candidate, or political | 19 | | committee or campaign during any 12-month period in an | 20 | | aggregate amount exceeding $5,000 related to (i) the nomination | 21 | | for election, election, retention, or defeat of any public | 22 | | official or candidate or (ii) any question of public policy to | 23 | | be submitted to the voters. | 24 | | (g) "Limited activity committee" means a political | 25 | | committee for which a person who is nominated to a position | 26 | | that is subject to confirmation by the Senate, including a |
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| 1 | | member of the State Board of Elections, is either an officer or | 2 | | a candidate the committee has designated to support.
| 3 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 4 | | (10 ILCS 5/9-3.5 new) | 5 | | Sec. 9-3.5. Candidate political committee restrictions. | 6 | | (a) A person who is nominated to an affected office shall | 7 | | not: (i) serve as an officer of a candidate political committee | 8 | | that is designated to support or oppose that person as a | 9 | | candidate; or (ii) be a candidate who is designated as the | 10 | | candidate to be supported by a candidate political committee. | 11 | | (b) Within 30 days after appointment, the person shall: (i) | 12 | | dissolve the candidate political committee; (ii) resign as an | 13 | | officer of the candidate political committee; (iii) have his or | 14 | | her name removed as the candidate to be supported by the | 15 | | candidate political committee; or (iv) notify the Board of the | 16 | | person's intent to convert the candidate political committee to | 17 | | a limited activity candidate political committee. | 18 | | (c) As used in this Section, "affected office" has the | 19 | | meaning provided in subsection (c) of Section 3A-50 of the | 20 | | Illinois Governmental Ethics Act. | 21 | | (10 ILCS 5/9-8.5) | 22 | | Sec. 9-8.5. Limitations on campaign contributions. | 23 | | (a) It is unlawful for a political committee to accept | 24 | | contributions except as provided in this Section. |
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| 1 | | (b) During an election cycle, a candidate political | 2 | | committee may not accept contributions with an aggregate value | 3 | | over the following: (i) $5,000 from any individual, (ii) | 4 | | $10,000 from any corporation, labor organization, or | 5 | | association, or (iii) $50,000 from a candidate political | 6 | | committee or political action committee. A candidate political | 7 | | committee may accept contributions in any amount from a | 8 | | political party committee except during an election cycle in | 9 | | which the candidate seeks nomination at a primary election. | 10 | | During an election cycle in which the candidate seeks | 11 | | nomination at a primary election, a candidate political | 12 | | committee may not accept contributions from political party | 13 | | committees with an aggregate value over the following: (i) | 14 | | $200,000 for a candidate political committee established to | 15 | | support a candidate seeking nomination to statewide office, | 16 | | (ii) $125,000 for a candidate political committee established | 17 | | to support a candidate seeking nomination to the Senate, the | 18 | | Supreme Court or Appellate Court in the First Judicial | 19 | | District, or an office elected by all voters in a county with | 20 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 21 | | political committee established to support a candidate seeking | 22 | | nomination to the House of Representatives, the Supreme Court | 23 | | or Appellate Court for a Judicial District other than the First | 24 | | Judicial District, an office elected by all voters of a county | 25 | | of fewer than 1,000,000 residents, and municipal and county | 26 | | offices in Cook County other than those elected by all voters |
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| 1 | | of Cook County, and (iv) $50,000 for a candidate political | 2 | | committee established to support the nomination of a candidate | 3 | | to any other office.
A candidate political committee | 4 | | established to elect a candidate to the General Assembly may | 5 | | accept contributions from only one legislative caucus | 6 | | committee. A candidate political committee may not accept | 7 | | contributions from a ballot initiative committee or from an
| 8 | | independent expenditure committee. | 9 | | (c) During an election cycle, a political party committee | 10 | | may not accept contributions with an aggregate value over the | 11 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 12 | | any corporation, labor organization, or association, or (iii) | 13 | | $50,000 from a political action committee. A political party | 14 | | committee may accept contributions in any amount from another | 15 | | political party committee or a candidate political committee, | 16 | | except as provided in subsection (c-5). Nothing in this Section | 17 | | shall limit the amounts that may be transferred between a | 18 | | political party committee established under subsection (a) of | 19 | | Section 7-8 of this Code and an affiliated federal political | 20 | | committee established under the Federal Election Code by the | 21 | | same political party. A political party committee may not | 22 | | accept contributions from a ballot initiative committee or from | 23 | | an
independent expenditure committee. A political party | 24 | | committee established by a legislative caucus may not accept | 25 | | contributions from another political party committee | 26 | | established by a legislative caucus. |
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| 1 | | (c-5) During the period beginning on the date candidates | 2 | | may begin circulating petitions for a primary election and | 3 | | ending on the day of the primary election, a political party | 4 | | committee may not accept contributions with an aggregate value | 5 | | over $50,000 from a candidate political committee or political | 6 | | party committee. A political party committee may accept | 7 | | contributions in any amount from a candidate political | 8 | | committee or political party committee if the political party | 9 | | committee receiving the contribution filed a statement of | 10 | | nonparticipation in the primary as provided in subsection | 11 | | (c-10). The Task Force on Campaign Finance Reform shall study | 12 | | and make recommendations on the provisions of this subsection | 13 | | to the Governor and General Assembly by September 30, 2012. | 14 | | This subsection becomes inoperative on July 1, 2013 and | 15 | | thereafter no longer applies. | 16 | | (c-10) A political party committee that does not intend to | 17 | | make contributions to candidates to be nominated at a general | 18 | | primary election or consolidated primary election may file a | 19 | | Statement of Nonparticipation in a Primary Election with the | 20 | | Board. The Statement of Nonparticipation shall include a | 21 | | verification signed by the chairperson and treasurer of the | 22 | | committee that (i) the committee will not make contributions or | 23 | | coordinated expenditures in support of or opposition to a | 24 | | candidate or candidates to be nominated at the general primary | 25 | | election or consolidated primary election (select one) to be | 26 | | held on (insert date), (ii) the political party committee may |
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| 1 | | accept unlimited contributions from candidate political | 2 | | committees and political party committees, provided that the | 3 | | political party committee does not make contributions to a | 4 | | candidate or candidates to be nominated at the primary | 5 | | election, and (iii) failure to abide by these requirements | 6 | | shall deem the political party committee in violation of this | 7 | | Article and subject the committee to a fine of no more than | 8 | | 150% of the total contributions or coordinated expenditures | 9 | | made by the committee in violation of this Article. This | 10 | | subsection becomes inoperative on July 1, 2013 and thereafter | 11 | | no longer applies. | 12 | | (d) During an election cycle, a political action committee | 13 | | may not accept contributions with an aggregate value over the | 14 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 15 | | any corporation, labor organization, political party | 16 | | committee, or association, or (iii) $50,000 from a political | 17 | | action committee or candidate political committee. A political | 18 | | action committee may not accept contributions from a ballot | 19 | | initiative committee or from an
independent expenditure | 20 | | committee. | 21 | | (e) A ballot initiative committee may accept contributions | 22 | | in any amount from any source, provided that the committee | 23 | | files the document required by Section 9-3 of this Article and | 24 | | files the disclosure reports required by the provisions of this | 25 | | Article. | 26 | | (e-5) An independent expenditure committee may accept |
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| 1 | | contributions in any amount from any source, provided that the | 2 | | committee files the document required by Section 9-3 of this | 3 | | Article and files the disclosure reports required by the | 4 | | provisions of this Article. | 5 | | (e-10) A limited activity committee shall not accept | 6 | | contributions, except that the officer or a candidate the | 7 | | committee has designated to support may contribute personal | 8 | | funds in order to pay for maintenance expenses. A limited | 9 | | activity committee may only make expenditures that are: (i) | 10 | | necessary for maintenance of the committee; (ii) for rent or | 11 | | lease payments until the end of the lease in effect at the time | 12 | | the officer or candidate is confirmed by the Senate; (iii) | 13 | | contributions to 501(c)(3) charities; or (iv) returning | 14 | | contributions to original contributors. | 15 | | (f) Nothing in this Section shall prohibit a political | 16 | | committee from dividing the proceeds of joint fundraising | 17 | | efforts; provided that no political committee may receive more | 18 | | than the limit from any one contributor, and provided that an | 19 | | independent
expenditure committee may not conduct joint | 20 | | fundraising efforts with a
candidate political committee or a | 21 | | political party committee. | 22 | | (g) On January 1 of each odd-numbered year, the State Board | 23 | | of Elections shall adjust the amounts of the contribution | 24 | | limitations established in this Section for inflation as | 25 | | determined by the Consumer Price Index for All Urban Consumers | 26 | | as issued by the United States Department of Labor and rounded |
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| 1 | | to the nearest $100. The State Board shall publish this | 2 | | information on its official website. | 3 | | (h) Self-funding candidates. If a public official, a | 4 | | candidate, or the public official's or candidate's immediate | 5 | | family contributes or loans to the public official's or | 6 | | candidate's political committee or to other political | 7 | | committees that transfer funds to the public official's or | 8 | | candidate's political committee or makes independent | 9 | | expenditures for the benefit of the public official's or | 10 | | candidate's campaign during the 12 months prior to an election | 11 | | in an aggregate amount of more than (i) $250,000 for statewide | 12 | | office or (ii) $100,000 for all other elective offices, then | 13 | | the public official or candidate shall file with the State | 14 | | Board of Elections, within one day, a Notification of | 15 | | Self-funding that shall detail each contribution or loan made | 16 | | by the public official, the candidate, or the public official's | 17 | | or candidate's immediate family. Within 2 business days after | 18 | | the filing of a Notification of Self-funding, the notification | 19 | | shall be posted on the Board's website and the Board shall give | 20 | | official notice of the filing to each candidate for the same | 21 | | office as the public official or candidate making the filing, | 22 | | including the public official or candidate filing the | 23 | | Notification of Self-funding. Notice shall be sent via first | 24 | | class mail to the candidate and the treasurer of the | 25 | | candidate's committee. Notice shall also be sent by e-mail to | 26 | | the candidate and the treasurer of the candidate's committee if |
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| 1 | | the candidate and the treasurer, as applicable, have provided | 2 | | the Board with an e-mail address. Upon posting of the notice on | 3 | | the Board's website, all candidates for that office, including | 4 | | the public official or candidate who filed a Notification of | 5 | | Self-funding, shall be permitted to accept contributions in | 6 | | excess of any contribution limits imposed by subsection (b). If | 7 | | a public official or candidate filed a Notification of | 8 | | Self-funding during an election cycle that includes a general | 9 | | primary election or consolidated primary election and that | 10 | | public official or candidate is nominated, all candidates for | 11 | | that office, including the nominee who filed the notification | 12 | | of self-funding, shall be permitted to accept contributions in | 13 | | excess of any contribution limit imposed by subsection (b) for | 14 | | the subsequent election cycle. For the purposes of this | 15 | | subsection, "immediate family" means the spouse, parent, or | 16 | | child of a public official or candidate. | 17 | | (h-5) If a natural person or independent expenditure | 18 | | committee makes independent expenditures in support of or in | 19 | | opposition to the campaign of a particular public official or | 20 | | candidate in an aggregate amount of more than (i) $250,000 for | 21 | | statewide office or (ii) $100,000 for all other elective | 22 | | offices in an election cycle, as reported in a written | 23 | | disclosure filed under subsection (a) of Section 9-8.6 or | 24 | | subsection (e-5) of Section 9-10, then the State Board of | 25 | | Elections shall, within 2 business days after the filing of the | 26 | | disclosure, post the disclosure on the Board's website and give |
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| 1 | | official notice of the disclosure to each candidate for the | 2 | | same office as the public official or candidate for whose | 3 | | benefit or detriment the natural person or independent | 4 | | expenditure committee made independent expenditures. Upon | 5 | | posting of the notice on the Board's website, all candidates | 6 | | for that office in that election, including the public official | 7 | | or candidate for whose benefit or detriment the natural person | 8 | | or independent expenditure committee made independent | 9 | | expenditures, shall be permitted to accept contributions in | 10 | | excess of any contribution limits imposed by subsection (b). | 11 | | (h-10) If the State Board of Elections receives | 12 | | notification or determines that a natural person or persons, an | 13 | | independent expenditure committee or committees, or | 14 | | combination thereof has made independent expenditures in | 15 | | support of or in opposition to the campaign of a particular | 16 | | public official or candidate in an aggregate amount of more | 17 | | than (i) $250,000 for statewide office or (ii) $100,000 for all | 18 | | other elective offices in an election cycle, then the Board | 19 | | shall, within 2 business days after discovering the independent | 20 | | expenditures that, in the aggregate, exceed the threshold set | 21 | | forth in (i) and (ii) of this subsection, post notice of this | 22 | | fact on the Board's website and give official notice to each | 23 | | candidate for the same office as the public official or | 24 | | candidate for whose benefit or detriment the independent | 25 | | expenditures were made. Notice shall be sent via first class | 26 | | mail to the candidate and the treasurer of the candidate's |
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| 1 | | committee. Notice shall also be sent by e-mail to the candidate | 2 | | and the treasurer of the candidate's committee if the candidate | 3 | | and the treasurer, as applicable, have provided the Board with | 4 | | an e-mail address. Upon posting of the notice on the Board's | 5 | | website, all candidates of that office in that election, | 6 | | including the public official or candidate for whose benefit or | 7 | | detriment the independent expenditures were made, may accept | 8 | | contributions in excess of any contribution limits imposed by | 9 | | subsection (b). | 10 | | (i) For the purposes of this Section, a corporation, labor | 11 | | organization, association, or a political action committee | 12 | | established by a corporation, labor organization, or | 13 | | association may act as a conduit in facilitating the delivery | 14 | | to a political action committee of contributions made through | 15 | | dues, levies, or similar assessments and the political action | 16 | | committee may report the contributions in the aggregate, | 17 | | provided that: (i) contributions made through dues, levies, or | 18 | | similar assessments paid by any natural person, corporation, | 19 | | labor organization, or association in a calendar year may not | 20 | | exceed the limits set forth in this Section; (ii) the | 21 | | corporation, labor organization, association, or a political | 22 | | action committee established by a corporation, labor | 23 | | organization, or association facilitating the delivery of | 24 | | contributions maintains a list of natural persons, | 25 | | corporations, labor organizations, and associations that paid | 26 | | the dues, levies, or similar assessments from which the |
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| 1 | | contributions comprising the aggregate amount derive; and | 2 | | (iii) contributions made through dues, levies, or similar | 3 | | assessments paid by any natural person, corporation, labor | 4 | | organization, or association that exceed $500 in a quarterly | 5 | | reporting period shall be itemized on the committee's quarterly | 6 | | report and may not be reported in the aggregate. A political | 7 | | action committee facilitating the delivery of contributions or | 8 | | receiving contributions shall disclose the amount of | 9 | | contributions made through dues delivered or received and the | 10 | | name of the corporation, labor organization, association, or | 11 | | political action committee delivering the contributions, if | 12 | | applicable. On January 1 of each odd-numbered year, the State | 13 | | Board of Elections shall adjust the amounts of the contribution | 14 | | limitations established in this subsection for inflation as | 15 | | determined by the Consumer Price Index for All Urban Consumers | 16 | | as issued by the United States Department of Labor and rounded | 17 | | to the nearest $100. The State Board shall publish this | 18 | | information on its official website. | 19 | | (j) A political committee that receives a contribution or | 20 | | transfer in violation of this Section shall dispose of the | 21 | | contribution or transfer by returning the contribution or | 22 | | transfer, or an amount equal to the contribution or transfer, | 23 | | to the contributor or transferor or donating the contribution | 24 | | or transfer, or an amount equal to the contribution or | 25 | | transfer, to a charity. A contribution or transfer received in | 26 | | violation of this Section that is not disposed of as provided |
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| 1 | | in this subsection within 30 days after the Board sends | 2 | | notification to the political committee of the excess | 3 | | contribution by certified mail shall escheat to the General | 4 | | Revenue Fund and the political committee shall be deemed in | 5 | | violation of this Section and subject to a civil penalty not to | 6 | | exceed 150% of the total amount of the contribution. | 7 | | (k) For the purposes of this Section, "statewide office" | 8 | | means the Governor, Lieutenant Governor, Attorney General, | 9 | | Secretary of State, Comptroller, and Treasurer. | 10 | | (l) This Section is repealed if and when the United States | 11 | | Supreme Court invalidates contribution limits on committees | 12 | | formed to assist candidates, political parties, corporations, | 13 | | associations, or labor organizations established by or | 14 | | pursuant to federal law.
| 15 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | 16 | | Section 25. The General Assembly Compensation Act is | 17 | | amended by changing Section 1 as follows: | 18 | | (25 ILCS 115/1) (from Ch. 63, par. 14) | 19 | | Sec. 1. Each member of the General Assembly shall receive | 20 | | an annual salary
of $28,000 or as set by the Compensation | 21 | | Review Board, whichever is
greater. The
following named | 22 | | officers, committee chairmen and committee minority spokesmen
| 23 | | shall receive additional amounts per year for
their services as | 24 | | such officers, committee chairmen and committee
minority |
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| 1 | | spokesmen respectively, as set by the Compensation
Review Board | 2 | | or, as follows, whichever is greater: Beginning the second
| 3 | | Wednesday in January 1989, the Speaker and the minority leader | 4 | | of the
House of Representatives and the
President and the | 5 | | minority leader of the Senate, $16,000 each; the
majority | 6 | | leader in the House of Representatives $13,500;
5 assistant
| 7 | | majority leaders and 5 assistant minority leaders in the | 8 | | Senate,
$12,000
each; 6 assistant majority leaders and 6 | 9 | | assistant minority leaders in
the House of Representatives, | 10 | | $10,500 each; 2 Deputy
Majority leaders in the House of | 11 | | Representatives $11,500 each; and 2 Deputy
Minority leaders in | 12 | | the House of Representatives, $11,500 each; the majority
caucus | 13 | | chairman and minority caucus chairman in the Senate, $12,000 | 14 | | each;
and beginning the second Wednesday in January, 1989, the | 15 | | majority
conference chairman and the minority conference | 16 | | chairman
in the House of Representatives, $10,500 each; | 17 | | beginning
the second Wednesday in January, 1989, the chairman | 18 | | and minority spokesman
of each standing committee of the | 19 | | Senate, except the Rules Committee, the
Committee on | 20 | | Committees, and the Committee on Assignment of Bills, $6,000
| 21 | | each; and beginning the second Wednesday in January, 1989, the | 22 | | chairman and
minority spokesman of each standing and select | 23 | | committee of the House of
Representatives, $6,000 each; and | 24 | | beginning fiscal year 2020 , the majority leader in the Senate, | 25 | | an amount equal to the majority leader in the House. A member | 26 | | who serves in more than one
position as an officer, committee |
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| 1 | | chairman, or committee minority spokesman
shall receive only | 2 | | one additional amount based on the position paying the
highest | 3 | | additional amount. The
compensation provided for in this | 4 | | Section to be paid per year to members
of the General Assembly, | 5 | | including the additional sums payable per year
to officers of | 6 | | the General Assembly shall be paid in 12 equal monthly
| 7 | | installments until December 31, 2021. Beginning January 1, 2022 | 8 | | the compensation provided for in this Section to be paid per | 9 | | year to members of the General Assembly, including additional | 10 | | sums payable per year to officers of the General Assembly, | 11 | | shall be paid bi-monthly. Members who resign before completing | 12 | | the entire term in office shall be compensated on a prorated | 13 | | basis. Members completing the term of a vacancy shall be | 14 | | compensated on a prorated basis . The first such installment is | 15 | | payable on January 31,
1977. All subsequent equal monthly | 16 | | installments are payable on the last
working day of the month. | 17 | | A member who has held office any part of a
month is entitled to | 18 | | compensation for an entire month. | 19 | | Mileage shall be paid at the rate of 20 cents per mile | 20 | | before January
9, 1985, and at the mileage allowance rate in | 21 | | effect under regulations
promulgated pursuant to 5 U.S.C. | 22 | | 5707(b)(2) beginning January 9, 1985, for the number
of actual | 23 | | highway miles necessarily and conveniently traveled by the
most | 24 | | feasible route to be present upon convening of the sessions of | 25 | | the
General Assembly by such member in each and every trip | 26 | | during each
session in going to and returning from the seat of |
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| 1 | | government, to be
computed by the Comptroller. A member | 2 | | traveling by public
transportation for such purposes, however, | 3 | | shall be paid his actual cost
of that transportation instead of | 4 | | on the mileage rate if his cost of
public transportation | 5 | | exceeds the amount to which he would be entitled
on a mileage | 6 | | basis. No member may be paid, whether on a mileage basis
or for | 7 | | actual costs of public transportation, for more than one such
| 8 | | trip for each week the General Assembly is actually in session. | 9 | | Each
member shall also receive an allowance of $36 per day for | 10 | | lodging and
meals while in attendance at sessions
of the | 11 | | General Assembly before January 9, 1985; beginning January 9,
| 12 | | 1985, such food and lodging allowance shall be equal to the | 13 | | amount per day
permitted to be deducted for such expenses under | 14 | | the Internal Revenue Code;
however, beginning May 31, 1995, no | 15 | | allowance for food and lodging while in
attendance at sessions | 16 | | is authorized for periods of time after the last day in
May of | 17 | | each calendar year, except (i) if the General Assembly is | 18 | | convened in
special session by either the Governor or the | 19 | | presiding officers of both
houses, as provided by subsection | 20 | | (b) of Section 5 of Article IV of the
Illinois Constitution or | 21 | | (ii) if the
General Assembly is convened to consider bills | 22 | | vetoed, item vetoed, reduced, or
returned with specific | 23 | | recommendations for change by the Governor as provided
in | 24 | | Section 9 of Article IV of the Illinois Constitution. For | 25 | | fiscal year 2011 and for session days in fiscal years 2012, | 26 | | 2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the |
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| 1 | | allowance for lodging and meals is $111 per day and (ii) | 2 | | mileage for automobile travel shall be reimbursed at a rate of | 3 | | $0.39 per mile. | 4 | | Notwithstanding any other provision of law to the contrary, | 5 | | beginning in fiscal year 2012, travel reimbursement for
General | 6 | | Assembly members on non-session days shall be
calculated using | 7 | | the guidelines set forth by the Legislative
Travel Control | 8 | | Board, except that fiscal year 2012, 2013, 2014, 2015, 2016, | 9 | | 2017, 2018, and 2019 mileage reimbursement is set at a rate of | 10 | | $0.39 per mile. | 11 | | If a member dies having received only a portion of the | 12 | | amount payable
as compensation, the unpaid balance shall be | 13 | | paid to the surviving
spouse of such member, or, if there be | 14 | | none, to the estate of such member. | 15 | | (Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18; | 16 | | 101-10, eff. 6-5-19; revised 7-17-19.) | 17 | | Section 30. The Lobbyist Registration Act is amended by | 18 | | changing Sections 2, 3, 4.5, 4.7, 5, 6, 8, and 11.2 as follows: | 19 | | (25 ILCS 170/2) (from Ch. 63, par. 172) | 20 | | Sec. 2. Definitions. As used in this Act, unless the | 21 | | context otherwise
requires: | 22 | | (a) "Person" means any individual, firm, partnership, | 23 | | committee,
association, corporation, or any other organization | 24 | | or group of persons. |
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| 1 | | (b) "Expenditure" means a payment, distribution, loan, | 2 | | advance, deposit,
or gift of money or anything of value, and | 3 | | includes a contract, promise, or
agreement, whether or not | 4 | | legally enforceable, to make an expenditure, for
the ultimate | 5 | | purpose of influencing executive, legislative, or | 6 | | administrative
action, other than compensation as defined in | 7 | | subsection (d). | 8 | | (c) "Official" means: | 9 | | (1) the Governor, Lieutenant Governor, Secretary of | 10 | | State, Attorney
General, State Treasurer, and State | 11 | | Comptroller; | 12 | | (2) Chiefs of Staff for officials described in item | 13 | | (1) , the Deputy Governor, the Deputy Secretary of State, | 14 | | the Deputy Attorney General, the Deputy Treasurer, and the | 15 | | Deputy Comptroller ; | 16 | | (3) Cabinet members of any elected constitutional | 17 | | officer, including Directors, Assistant Directors and | 18 | | Chief Legal Counsel or General Counsel; | 19 | | (4) Members of the General Assembly; and | 20 | | (5) Members of any board, commission, authority, or | 21 | | task force of the State authorized or created by State law | 22 | | or by executive order of the Governor ; . | 23 | | (6) Mayors, presidents, aldermen, commissioners, and | 24 | | trustees of a city, village, or town; | 25 | | (7) County board members and countywide elected | 26 | | officials; |
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| 1 | | (8) Township board members and township elected | 2 | | officials; and | 3 | | (9) Members of any board, commission, authority, or | 4 | | task force created by a local ordinance or order of a mayor | 5 | | or village or town president. | 6 | | (d) "Compensation" means any money, thing of value or | 7 | | financial benefits
received or to be received in return for | 8 | | services rendered or to be
rendered, for lobbying or as a | 9 | | consultant as defined in subsection (e) . | 10 | | Monies paid to members of the General Assembly by the State | 11 | | as
remuneration for performance of their Constitutional and | 12 | | statutory duties
as members of the General Assembly shall not | 13 | | constitute compensation as
defined by this Act. | 14 | | (e) "Lobby" and "lobbying"
means any communication , | 15 | | including the soliciting of others to communicate, with an | 16 | | official of the
executive or legislative branch of State | 17 | | government as defined in subsection
(c) for the ultimate | 18 | | purpose of influencing any executive, legislative, or
| 19 | | administrative action at the State, municipal, county, or | 20 | | township government level . | 21 | | (f) "Influencing" means any communication, action, | 22 | | reportable
expenditure as prescribed in Section 6 or other | 23 | | means used to promote,
support, affect, modify, oppose or delay | 24 | | any executive, legislative or
administrative action or to | 25 | | promote goodwill with officials as defined in
subsection (c). | 26 | | (g) "Executive action" means the proposal, drafting, |
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| 1 | | development,
consideration, amendment, adoption, approval, | 2 | | promulgation, issuance,
modification, rejection or | 3 | | postponement by a State , municipal, county, or township | 4 | | government entity of a rule,
regulation, order, decision, | 5 | | determination, contractual arrangement, purchasing
agreement | 6 | | or other quasi-legislative or quasi-judicial action or | 7 | | proceeding. | 8 | | (h) "Legislative action" means the development, drafting, | 9 | | introduction,
consideration, modification, adoption, | 10 | | rejection, review, enactment, or passage
or defeat of any bill, | 11 | | amendment, resolution, ordinance, report, nomination,
| 12 | | administrative rule or other matter by either house of the | 13 | | General Assembly or
a committee thereof, or by a legislator , by | 14 | | the legislative body of a municipality, county, or township, or | 15 | | by an alderman, trustee, or township board member . Legislative | 16 | | action also means the
action of the Governor , mayor, or village | 17 | | or township board president, or county executive in approving | 18 | | or vetoing any bill , ordinance, or resolution or portion | 19 | | thereof, and
the action of such officials the Governor or any | 20 | | agency under their jurisdiction in the development of a | 21 | | legislative proposal for
introduction in the legislature . | 22 | | (i) "Administrative action" means the execution or | 23 | | rejection of any rule,
regulation, legislative rule, standard, | 24 | | fee, rate, contractual arrangement,
purchasing agreement or | 25 | | other delegated legislative or quasi-legislative action
to be | 26 | | taken or withheld by any executive agency, department, board or
|
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| 1 | | commission of the State , municipal, county, or township . | 2 | | (j) "Lobbyist" means any natural person who undertakes to | 3 | | lobby State , municipal, county, or township government
as | 4 | | provided in subsection (e). | 5 | | (k) "Lobbying entity" means any entity that hires, retains, | 6 | | employs, or compensates a natural person to lobby State , | 7 | | municipal, county, or township government as provided in | 8 | | subsection (e).
| 9 | | (l) "Authorized agent" means the person designated by an | 10 | | entity or lobbyist registered under this Act as the person | 11 | | responsible for submission and retention of reports required | 12 | | under this Act. | 13 | | (m) "Client" means any person or entity that provides | 14 | | compensation to a lobbyist to lobby State , municipal, county, | 15 | | or township government as provided in subsection (e) of this | 16 | | Section. | 17 | | (n) "Client registrant" means a client who is required to | 18 | | register under this Act. | 19 | | (o) "Unit of local government" has the meaning ascribed to | 20 | | it in Section 1 of Article VII of the Illinois Constitution and | 21 | | also includes school districts and community college | 22 | | districts. | 23 | | (p) "Consultant" means any natural person or entity who, | 24 | | for compensation, provides advisory services, including but | 25 | | not limited to, rendering opinions on or developing strategies | 26 | | for lobbying or influencing, to a lobbyist or lobbying entity |
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| 1 | | for the ultimate purpose of influencing any executive, | 2 | | legislative, or administrative action. "Consultant" does not | 3 | | include (i) an employee of the lobbyist or lobbying entity or | 4 | | (ii) an attorney or law firm providing legal services, | 5 | | including drafting legislation or advising and rendering | 6 | | opinions to clients as to the construction and legal effect of | 7 | | proposed or pending legislation or any executive, legislative, | 8 | | or administrative action. | 9 | | (Source: P.A. 101-595, eff. 12-5-19.) | 10 | | (25 ILCS 170/3) (from Ch. 63, par. 173) | 11 | | Sec. 3. Persons required to register. | 12 | | (a) Except as provided in Section
9, any natural
person | 13 | | who, for compensation or otherwise,
undertakes to lobby, or any
| 14 | | person or entity who employs or compensates another person for | 15 | | the purposes
of lobbying, shall register with the Secretary of | 16 | | State as provided in this Act, unless that person or entity | 17 | | qualifies for one or more of the following exemptions. | 18 | | (1) Persons or entities who, for the purpose of | 19 | | influencing any executive, legislative, or administrative | 20 | | action and who do not make expenditures that are reportable | 21 | | pursuant to Section 6, appear without compensation or | 22 | | promise thereof only as witnesses before a legislative | 23 | | committee committees of the House and Senate for the | 24 | | purpose of explaining or arguing for or against the passage | 25 | | of or action upon any legislation , ordinance, or |
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| 1 | | regulation then pending before the committee those | 2 | | committees , or who seek without compensation or promise | 3 | | thereof the approval or veto of any legislation or | 4 | | ordinance by the Governor . | 5 | | (1.4) A unit of local government , State government, or | 6 | | agencies, departments, commissions, boards, or task forces | 7 | | thereof or a school district . | 8 | | (1.5) An elected or appointed official or an employee | 9 | | of a unit of local government or school district who, in | 10 | | the scope of his or her public office or employment, seeks | 11 | | to influence executive, legislative, or administrative | 12 | | action exclusively on behalf of that unit of local | 13 | | government or school district . | 14 | | (2) Persons or entities who own, publish, or are | 15 | | employed by a newspaper or other regularly published | 16 | | periodical, or who own or are employed by a radio station, | 17 | | television station, or other bona fide news medium that in | 18 | | the ordinary course of business disseminates news, | 19 | | editorial or other comment, or paid advertisements that | 20 | | directly urge the passage or defeat of legislation. This | 21 | | exemption is not applicable to such an individual insofar | 22 | | as he or she receives additional compensation or expenses | 23 | | from some source other than the bona fide news medium for | 24 | | the purpose of influencing executive, legislative, or | 25 | | administrative action. This exemption does not apply to | 26 | | newspapers and periodicals owned by or published by trade |
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| 1 | | associations and not-for-profit corporations engaged | 2 | | primarily in endeavors other than dissemination of news. | 3 | | (3) Persons or entities performing professional | 4 | | services in drafting bills or in advising and rendering | 5 | | opinions to clients as to the construction and effect of | 6 | | proposed or pending legislation when those professional | 7 | | services are not otherwise, directly or indirectly, | 8 | | connected with executive, legislative, or administrative | 9 | | action. | 10 | | (4) Persons or entities who are employees of | 11 | | departments, divisions, or agencies of State or local | 12 | | government and who appear before committees of the House | 13 | | and Senate for the purpose of explaining how the executive, | 14 | | legislative, or administrative action passage of or action | 15 | | upon any legislation then pending before those committees | 16 | | will affect those departments, divisions, or agencies of | 17 | | State or local government. | 18 | | (5) Employees of the General Assembly, legislators, | 19 | | legislative agencies, and legislative commissions who, in | 20 | | the course of their official duties only, engage in | 21 | | activities that otherwise qualify as lobbying. Legislators | 22 | | whose activities are limited to occasional communications | 23 | | with an official of a unit of local government on behalf of | 24 | | their employer in the ordinary course of their non-public | 25 | | employment where (1) the primary duties of the employment | 26 | | are not to influence executive, legislative, or |
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| 1 | | administrative action and (2) the legislator does not make | 2 | | any expenditures that are reportable pursuant to Section 6. | 3 | | (6) Persons or entities in possession of technical | 4 | | skills and knowledge relevant to certain areas of | 5 | | executive, legislative, or administrative actions, whose | 6 | | skills and knowledge would be helpful to officials when | 7 | | considering those actions, whose activities are limited to | 8 | | making occasional appearances for or communicating on | 9 | | behalf of a registrant, and who do not make expenditures | 10 | | that are reportable pursuant to Section 6 even though | 11 | | receiving expense reimbursement for those occasional | 12 | | appearances. | 13 | | (7) Any full-time employee of a bona fide church or | 14 | | religious organization who represents that organization | 15 | | solely for the purpose of protecting the right of the | 16 | | members thereof to practice the religious doctrines of that | 17 | | church or religious organization, or any such bona fide | 18 | | church or religious organization. | 19 | | (8) Persons or entities that receive no compensation | 20 | | other than reimbursement for expenses of up to $500 per | 21 | | year while engaged in lobbying State government , unless | 22 | | those persons make expenditures that are reportable under | 23 | | Section 6. | 24 | | (9) Any attorney or group or firm of attorneys (1) in | 25 | | connection with the practice of law or (2) in the course of | 26 | | representing a client in relation to any administrative , or |
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| 1 | | judicial , quasi-judicial proceeding, or any witness | 2 | | providing testimony in any administrative , or judicial , or | 3 | | quasi-judicial proceeding, in which ex parte | 4 | | communications are not allowed and who does not make | 5 | | expenditures that are reportable pursuant to Section 6. | 6 | | (9.5) Any attorney or group or firm of attorneys in the | 7 | | course of representing a client in an administrative or | 8 | | executive action involving a contractual or purchasing | 9 | | arrangement and who does not make expenditures that are | 10 | | reportable pursuant to Section 6. | 11 | | (10) Persons or entities who, in the scope of their | 12 | | employment as a vendor, offer or solicit an official for | 13 | | the purchase of any goods or services when (1) the | 14 | | solicitation is limited to either an oral inquiry or | 15 | | written advertisements and informative literature; or (2) | 16 | | the goods and services are subject to competitive bidding | 17 | | requirements of the Illinois Procurement Code ; or (3) the | 18 | | goods and services are for sale at a cost not to exceed | 19 | | $5,000; and (4) the persons or entities do not make | 20 | | expenditures that are reportable under Section 6.
| 21 | | (a-5) If in the course of providing services as a | 22 | | consultant, the consultant communicates with an official on | 23 | | behalf of the lobbyist or lobbying entity for the ultimate | 24 | | purpose of influencing any executive, legislative, or | 25 | | administrative action, or makes an expenditure on behalf of or | 26 | | benefitting an official, the consultant shall register as a |
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| 1 | | lobbyist within 2 business days of engaging in the | 2 | | communication with the official or making the expenditure | 3 | | benefitting the official. | 4 | | (b) It is a violation of this Act to engage in lobbying or | 5 | | to employ any
person for the purpose of lobbying who is not | 6 | | registered with the Office of the
Secretary of State, except | 7 | | upon condition that the person register and the
person does in | 8 | | fact register within 2 business days after being employed or | 9 | | retained for lobbying services. | 10 | | (c) The Secretary shall promulgate a rule establishing a | 11 | | list of the entities required to register under this Act, | 12 | | including the name of each board, commission, authority, or | 13 | | task force. The Secretary may require a person or entity | 14 | | claiming an exemption under this Section to certify the person | 15 | | or entity is not required to register under this Act. Nothing | 16 | | prohibits the Secretary from rejecting a certification and | 17 | | requiring a person or entity to register. | 18 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.) | 19 | | (25 ILCS 170/4.5) | 20 | | Sec. 4.5. Ethics training. Each natural person required to | 21 | | register as a lobbyist under this Act must complete a program | 22 | | of ethics training provided by the Secretary of State. A | 23 | | natural person registered under this Act must complete the | 24 | | training program before no later than 30 days after | 25 | | registration or renewal is deemed complete under this Act. If |
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| 1 | | the Secretary of State uses the ethics training developed in | 2 | | accordance with Section 5-10 of the State Officials and | 3 | | Employees Ethics Act, that training must be expanded to include | 4 | | appropriate information about the requirements, | 5 | | responsibilities, and opportunities imposed by or arising | 6 | | under this Act, including reporting requirements. | 7 | | The Secretary of State shall adopt rules for the | 8 | | implementation of this Section. | 9 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.) | 10 | | (25 ILCS 170/4.7) | 11 | | Sec. 4.7. Prohibition on sexual harassment. | 12 | | (a) All persons have the right to work in an environment | 13 | | free from sexual harassment. All persons subject to this Act | 14 | | shall refrain from sexual harassment of any person. | 15 | | (b) (Blank.) Until January 1, 2020, each natural person | 16 | | required to register as a lobbyist under this Act must | 17 | | complete, at least annually, a sexual harassment training | 18 | | program provided by the Secretary of State. A natural person | 19 | | registered under this Act must complete the training program no | 20 | | later than 30 days after registration or renewal under this | 21 | | Act. This requirement does not apply to a lobbying entity or a | 22 | | client that hires a lobbyist that (i) does not have employees | 23 | | of the lobbying entity or client registered as lobbyists, or | 24 | | (ii) does not have an actual presence in Illinois. | 25 | | (b-5) Each Beginning January 1, 2020, each natural person |
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| 1 | | required to register as a lobbyist under this Act must | 2 | | complete, at least annually, a harassment and discrimination | 3 | | prevention training program provided by the Secretary of State. | 4 | | A natural person registered under this Act must complete the | 5 | | training program before no later than 30 days after | 6 | | registration or renewal is deemed complete under this Act. This | 7 | | requirement does not apply to a lobbying entity or a client | 8 | | that hires a lobbyist that (i) does not have employees of the | 9 | | lobbying entity or client registered as lobbyists, or (ii) does | 10 | | not have an actual presence in Illinois. For the purposes of | 11 | | this subsection, "unlawful discrimination" and "harassment" | 12 | | mean unlawful discrimination and harassment prohibited under | 13 | | Section 2-102 of the Illinois Human Rights Act. | 14 | | (c) Before registration or renewal is deemed complete under | 15 | | this Act No later than January 1, 2018 , each natural person and | 16 | | any entity required to register under this Act shall have a | 17 | | written sexual harassment policy that shall include, at a | 18 | | minimum: (i) a prohibition on sexual harassment; (ii) details | 19 | | on how an individual can report an allegation of sexual | 20 | | harassment, including options for making a confidential report | 21 | | to a supervisor, ethics officer, Inspector General, or the | 22 | | Department of Human Rights; (iii) a prohibition on retaliation | 23 | | for reporting sexual harassment allegations, including | 24 | | availability of whistleblower protections under the State | 25 | | Officials and Employee Ethics Act, the Whistleblower Act, and | 26 | | the Illinois Human Rights Act; and (iv) the consequences of a |
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| 1 | | violation of the prohibition on sexual harassment and the | 2 | | consequences for knowingly making a false report. | 3 | | (d) For purposes of this Act, "sexual harassment" means any | 4 | | unwelcome sexual advances or requests for sexual favors or any | 5 | | conduct of a sexual nature when: (i) submission to such conduct | 6 | | is made either explicitly or implicitly a term or condition of | 7 | | an individual's employment; (ii) submission to or rejection of | 8 | | such conduct by an individual is used as the basis for | 9 | | employment decisions affecting such individual; or (iii) such | 10 | | conduct has the purpose or effect of substantially interfering | 11 | | with an individual's work performance or creating an | 12 | | intimidating, hostile, or offensive working environment. For | 13 | | the purposes of this definition, the phrase "working | 14 | | environment" is not limited to a physical location an employee | 15 | | is assigned to perform his or her duties and does not require | 16 | | an employment relationship. | 17 | | (e) The Secretary of State shall adopt rules for the | 18 | | implementation of this Section. In order to provide for the | 19 | | expeditious and timely implementation of this Section, the | 20 | | Secretary of State shall adopt emergency rules under subsection | 21 | | (z) of Section 5-45 of the Illinois Administrative Procedure | 22 | | Act for the implementation of this Section no later than 60 | 23 | | days after the effective date of this amendatory Act of the | 24 | | 100th General Assembly.
| 25 | | (Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.) |
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| 1 | | (25 ILCS 170/5) | 2 | | Sec. 5. Lobbyist registration and disclosure. Every | 3 | | natural person and every entity required to
register under this | 4 | | Act shall
before any service
is performed which requires the | 5 | | natural person or entity to register, but in any event not
| 6 | | later than 2 business days after being employed or retained, | 7 | | file in the Office of the
Secretary of State a statement in a | 8 | | format prescribed by the Secretary of State containing the
| 9 | | following
information
with respect to each person or entity
| 10 | | employing, retaining, or benefitting from the services of the | 11 | | natural person or entity required to register:
| 12 | | (a) The registrant's name, permanent address, e-mail
| 13 | | address, if any,
fax
number, if any, business telephone | 14 | | number, and temporary address, if the
registrant has a | 15 | | temporary address while lobbying.
| 16 | | (a-5) If the registrant is an entity, the
information | 17 | | required under subsection (a) for each natural person | 18 | | associated with the
registrant who will be lobbying,
| 19 | | regardless of whether lobbying is a significant part of his | 20 | | or her duties.
| 21 | | (b) The name and address of the client or clients | 22 | | employing or retaining
the registrant to perform such | 23 | | services or on whose behalf the registrant appears.
If the | 24 | | client employing or retaining the registrant is a client | 25 | | registrant, the statement shall also include the name and | 26 | | address of the client or clients of the client registrant |
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| 1 | | on whose behalf the registrant will be or anticipates | 2 | | performing services. | 3 | | (b-5) If the registrant employs or retains a | 4 | | sub-registrant, the statement shall include the name and | 5 | | address of the sub-registrant and identify the client or | 6 | | clients of the registrant on whose behalf the | 7 | | sub-registrant will be or is anticipated to be performing | 8 | | services. | 9 | | (b-7) If the registrant retains a consultant, the | 10 | | statement shall include the name and address of the | 11 | | consultant and identify the client or clients and each | 12 | | executive and legislative branch agency for which the | 13 | | consultant is to provide advisory services. | 14 | | (c) For those identified under subsections (b), (b-5), | 15 | | and (b-7), a A brief description of the executive, | 16 | | legislative, or administrative
action in reference to | 17 | | which such service is to be rendered.
| 18 | | (c-5) Each executive and legislative branch agency of | 19 | | the State and each unit of local government the registrant
| 20 | | expects
to lobby during the registration period.
| 21 | | (c-6) The nature of the client's business, by | 22 | | indicating all
of the following categories that apply: (1) | 23 | | banking and financial services, (2)
manufacturing, (3) | 24 | | education, (4) environment, (5) healthcare, (6)
insurance, | 25 | | (7) community interests, (8) labor, (9) public relations or
| 26 | | advertising, (10) marketing or sales, (11) hospitality, |
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| 1 | | (12) engineering,
(13) information or technology products | 2 | | or services, (14) social services,
(15) public utilities, | 3 | | (16) racing or wagering, (17) real estate or
construction, | 4 | | (18) telecommunications, (19) trade or professional
| 5 | | association, (20) travel or tourism, (21) transportation, | 6 | | (22) agriculture, and (23) other
(setting forth the nature | 7 | | of that other business).
| 8 | | (d) A confirmation that the registrant has a sexual | 9 | | harassment policy as required by Section 4.7, that such | 10 | | policy shall be made available to any individual within 2 | 11 | | business days upon written request (including electronic | 12 | | requests), that any person may contact the authorized agent | 13 | | of the registrant to report allegations of sexual | 14 | | harassment, and that the registrant recognizes the | 15 | | Inspector General has jurisdiction to review any | 16 | | allegations of sexual harassment alleged against the | 17 | | registrant or lobbyists hired by the registrant. | 18 | | (e) (Blank.) Each unit of local government in this | 19 | | State for which the registrant is or expects to be required | 20 | | to register to lobby the local government during the | 21 | | registration period. "Lobby" shall have the meaning | 22 | | ascribed to it by the relevant unit of local government. | 23 | | (f) Each elected or appointed public office in this | 24 | | State to be held by the registrant at any time during the | 25 | | registration period. | 26 | | Every natural person and every entity required to register |
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| 1 | | under this Act shall annually submit the registration required | 2 | | by this Section on or before each January 31. The registrant | 3 | | has a continuing duty to report any substantial change or | 4 | | addition to the information contained in the registration.
A | 5 | | registrant who retains a consultant shall file an amended | 6 | | registration before any consulting services are performed, but | 7 | | in any event not later than 2 business days after the | 8 | | consultant is retained, setting forth the information required | 9 | | in subsections (b-7) and (c) of this Section. Registrants | 10 | | registered as of the effective date of this amendatory Act of | 11 | | the 101st General Assembly shall update their registration to | 12 | | add the information required under subsections (b-5), (e), and | 13 | | (f), if applicable, within 30 days after the effective date of | 14 | | this amendatory Act of the 101st General Assembly. | 15 | | The Secretary of State shall make all filed statements and | 16 | | amendments to statements publicly available by means of a | 17 | | searchable database that is accessible through the World Wide | 18 | | Web. The Secretary of State shall provide all software | 19 | | necessary to comply with this provision to all natural persons | 20 | | and entities required to file. The Secretary of State shall | 21 | | implement a plan to provide computer access and assistance to | 22 | | natural persons and entities required to file electronically. | 23 | | All natural persons
and entities required to register under | 24 | | this Act shall remit a single, annual, and
nonrefundable $300 | 25 | | registration fee. Each natural person required to register
| 26 | | under this Act shall submit, on an annual basis, a picture of |
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| 1 | | the registrant. A registrant may, in lieu of submitting a
| 2 | | picture on an annual basis, authorize the Secretary of State to | 3 | | use any photo
identification available in any database | 4 | | maintained by the Secretary of State
for other purposes. Each | 5 | | registration fee collected for registrations on
or after | 6 | | January 1, 2010 shall be deposited into the Lobbyist
| 7 | | Registration Administration Fund for administration and | 8 | | enforcement
of this
Act.
| 9 | | (Source: P.A. 100-554, eff. 11-16-17; 101-595, eff. 12-5-19.) | 10 | | (25 ILCS 170/6) (from Ch. 63, par. 176) | 11 | | Sec. 6. Reports. | 12 | | (a) Lobbyist reports. Except as otherwise provided in this | 13 | | Section, every lobbyist registered under this Act who is solely | 14 | | employed by a lobbying entity
shall file an affirmation, | 15 | | verified under
oath pursuant to Section 1-109 of the Code of | 16 | | Civil Procedure, with
the
Secretary of
State attesting to the | 17 | | accuracy of any reports filed pursuant to subsection (b) as | 18 | | those reports pertain to work performed by the lobbyist. Any | 19 | | lobbyist registered under this Act who is not solely employed | 20 | | by a lobbying entity shall personally file reports required of | 21 | | lobbying entities pursuant to subsection (b). A lobbyist may, | 22 | | if authorized so to do by a lobbying entity by whom he or she is | 23 | | employed or retained, file lobbying entity reports pursuant to | 24 | | subsection (b) provided that the lobbying entity may delegate | 25 | | the filing of the lobbying entity report to only one lobbyist |
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| 1 | | in any reporting period.
| 2 | | (b) Lobbying entity reports. Every lobbying entity | 3 | | registered under this Act shall report expenditures related to | 4 | | lobbying , including any expenditures made by a consultant in | 5 | | performing services for the lobbying entity . The report shall | 6 | | itemize each individual expenditure or transaction
and shall | 7 | | include the name of the official on whose behalf the
| 8 | | expenditure
was made, the name of the client if the expenditure | 9 | | was made on behalf of a client, the
total amount of the | 10 | | expenditure, a description of the expenditure, the vendor or | 11 | | purveyor to whom the expenditure was made (including the | 12 | | address or location of the expenditure), the date on which the | 13 | | expenditure occurred and
the subject matter of the lobbying | 14 | | activity, if any.
For those expenditures made on behalf of a | 15 | | client, if the client is a client registrant, the report shall | 16 | | also include the name and address of the client or clients of | 17 | | the client registrant or the official or officials on whose | 18 | | behalf the expenditure ultimately was made. Each expenditure | 19 | | required to be reported shall include all expenses made for or | 20 | | on behalf of an official or his or her immediate family member | 21 | | living with the official. | 22 | | (b-1) The report shall include any change or addition to | 23 | | the client list information, required in Section 5 for | 24 | | registration, since the last report, including the names and | 25 | | addresses of all clients who retained the lobbying entity | 26 | | together with an itemized description for each client of the |
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| 1 | | following: (1) lobbying regarding executive action, including | 2 | | the name of any executive agency lobbied and the subject | 3 | | matter; (2) lobbying regarding legislative action, including | 4 | | the General Assembly and any other agencies lobbied and the | 5 | | subject matter; and (3) lobbying regarding administrative | 6 | | action, including the agency lobbied and the subject matter. | 7 | | Registrants who made no reportable expenditures during a | 8 | | reporting period shall file a report stating that no | 9 | | expenditures were incurred.
| 10 | | (b-2) Expenditures attributable to lobbying officials | 11 | | shall be listed and reported
according to the following | 12 | | categories:
| 13 | | (1) Travel and lodging on behalf of others, including, | 14 | | but not limited to, all travel and living accommodations | 15 | | made for or on behalf of State officials during sessions of | 16 | | the General Assembly.
| 17 | | (2) Meals, beverages and other entertainment.
| 18 | | (3) Gifts (indicating which, if any, are on the basis | 19 | | of personal friendship).
| 20 | | (4) Honoraria.
| 21 | | (5) Any other thing or service of value not listed | 22 | | under categories (1) through (4), setting forth a | 23 | | description of the expenditure.
The category travel and | 24 | | lodging includes, but is not limited to, all travel and | 25 | | living accommodations made for or on behalf of State | 26 | | officials in the State capital during sessions of the |
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| 1 | | General Assembly.
| 2 | | (b-3) Expenditures incurred for hosting receptions, | 3 | | benefits and other large
gatherings held for purposes of | 4 | | goodwill or otherwise to influence executive,
legislative or | 5 | | administrative action to which there are 25 or more State
| 6 | | officials invited shall be reported listing only the total | 7 | | amount of
the
expenditure, the date of the event, and the | 8 | | estimated number of officials in
attendance.
| 9 | | (b-7) Matters excluded from reports. The following items | 10 | | need not be included in the report: | 11 | | (1) Reasonable and bona fide expenditures made by the | 12 | | registrant
who is a member of a legislative or State study | 13 | | commission or committee while
attending and participating | 14 | | in meetings and hearings of such commission or
committee.
| 15 | | (2) Reasonable and bona fide expenditures made by the | 16 | | registrant for personal
sustenance, lodging, travel, | 17 | | office expenses and clerical or support staff.
| 18 | | (3) Salaries, fees, and other compensation paid to
the | 19 | | registrant
for the
purposes of lobbying.
| 20 | | (4) Any contributions required to be reported under | 21 | | Article 9 of the Election
Code.
| 22 | | (5) Expenditures made by a registrant on behalf of an | 23 | | official that are returned or reimbursed prior to the | 24 | | deadline for submission of the report. | 25 | | (c)
A registrant who terminates employment or duties which | 26 | | required him to
register under this Act shall give the |
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| 1 | | Secretary of State, within 30 days after
the date of such | 2 | | termination, written notice of such termination and shall
| 3 | | include therewith a report of the expenditures described | 4 | | herein, covering the
period of time since the filing of his | 5 | | last report to the date of termination
of employment. Such | 6 | | notice and report shall be final and relieve such
registrant of | 7 | | further reporting under this Act, unless and until he later | 8 | | takes
employment or assumes duties requiring him to again | 9 | | register under this Act.
| 10 | | (d) Failure to file any such report within the time | 11 | | designated or the
reporting of incomplete information shall | 12 | | constitute a violation of this Act.
| 13 | | A registrant shall preserve for a period of 2 years all | 14 | | receipts and records
used in preparing reports under this Act.
| 15 | | (e) Within 30 days after a filing deadline or as provided | 16 | | by rule, the lobbyist shall notify each
official on whose | 17 | | behalf an expenditure has been reported. Notification shall
| 18 | | include the name of the registrant, the total amount of the | 19 | | expenditure, a description of the expenditure, the
date on | 20 | | which the expenditure occurred, and the subject matter of the | 21 | | lobbying
activity.
| 22 | | (f) A report for the period beginning January 1, 2010 and | 23 | | ending on June 30, 2010 shall be filed no later than July 15, | 24 | | 2010, and a report for the period beginning July 1, 2010 and | 25 | | ending on December 31, 2010 shall be filed no later than | 26 | | January 15, 2011. Beginning January 1, 2011, reports shall be |
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| 1 | | filed semi-monthly as follows: (i) for the period beginning the | 2 | | first day of the month through the 15th day of the month, the | 3 | | report shall be filed no later than the 20th day of the month | 4 | | and (ii) for the period beginning on the 16th day of the month | 5 | | through the last day of the month, the report shall be filed no | 6 | | later than the 5th day of the following month. A report filed | 7 | | under this Act is due in the Office of the Secretary of State | 8 | | no later than the close of business on the date on which it is | 9 | | required to be filed. | 10 | | (g) All reports filed under this Act shall be filed in a | 11 | | format or on forms prescribed by the Secretary of State.
| 12 | | (Source: P.A. 98-459, eff. 1-1-14.)
| 13 | | (25 ILCS 170/8) (from Ch. 63, par. 178)
| 14 | | Sec. 8. Contingent
fees prohibited. No person shall retain | 15 | | or employ another to lobby or provide services as a consultant | 16 | | with respect to any legislative, executive, or administrative | 17 | | action for compensation contingent in whole or in part upon the
| 18 | | outcome of the action and no person shall accept any such | 19 | | employment
or render any such service for compensation | 20 | | contingent upon the outcome of the legislative, executive, or | 21 | | administrative action.
| 22 | | (Source: P.A. 93-889, eff. 8-9-04.)
| 23 | | (25 ILCS 170/11.2)
| 24 | | Sec. 11.2. Local regulation. No unit of local government, |
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| 1 | | including a home rule unit, may regulate lobbying in a manner | 2 | | inconsistent with this Act and all existing all existing laws | 3 | | and ordinances which are inconsistent with this Act are hereby | 4 | | superseded. This subsection is a limit on home rule powers | 5 | | pursuant to paragraphs (h) and (i) of Section 6 of Article VII | 6 | | of the Illinois Constitution. A unit of local government or | 7 | | school
district may adopt an ordinance or resolution regulating | 8 | | lobbying activities
with that unit of local government or | 9 | | school district that imposes requirements
similar to those | 10 | | imposed by this Act.
| 11 | | (Source: P.A. 88-187.)
| 12 | | Section 99. Effective date. This Act takes effect on | 13 | | January 1, 2022.".
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