Illinois General Assembly - Full Text of SB1350
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Full Text of SB1350  102nd General Assembly

SB1350sam001 102ND GENERAL ASSEMBLY

Sen. John F. Curran

Filed: 5/13/2021

 

 


 

 


 
10200SB1350sam001LRB102 13656 RJF 25841 a

1
AMENDMENT TO SENATE BILL 1350

2    AMENDMENT NO. ______. Amend Senate Bill 1350 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Governmental Ethics Act is
5amended by changing Sections 1-109, 1-110, 2-101, 4A-102,
64A-103, and 4A-108 and by adding Sections 1-102.5, 1-104.3,
71-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.4, 1-105.5, 1-105.6,
81-105.7, 1-112.5, 1-113.6, 1-113.7, 2-115, and 3A-50 as
9follows:
 
10    (5 ILCS 420/1-102.5 new)
11    Sec. 1-102.5. Asset. "Asset" means, for the purposes of
12Sections 4A-102 and 4A-103, an item that is owned and has
13monetary value. For the purposes of Sections 4A-102 and
144A-103, assets include, but are not limited to: stocks, bonds
15(except those issued by the federal, state, or local
16governments), sector mutual funds, sector exchange traded

 

 

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1funds, commodity futures, investment real estate, and
2partnership interests. For the purposes of Sections 4A-102 and
34A-103, assets do not include: personal residences; personal
4vehicles; savings or checking accounts; bonds, notes, or
5securities issued by any branch of federal, state, or local
6government; Medicare benefits; inheritances or bequests;
7diversified mutual funds; annuities; pensions (including
8government pensions); retirement accounts; college savings
9plans that are qualified tuition plans; qualified
10tax-advantaged savings programs that allow individuals to save
11for disability-related expenses; non-income producing trust
12holdings; or tangible personal property.
 
13    (5 ILCS 420/1-104.3 new)
14    Sec. 1-104.3. Creditor. "Creditor" means, for the purposes
15of Sections 4A-102 and 4A-103, an individual, organization, or
16other business entity to whom money or its equivalent is owed,
17no matter whether that obligation is secured or unsecured,
18except that if a filer makes a loan to members of his or her
19family, or a political committee registered with the Illinois
20State Board of Election, or a political committee, principal
21campaign committee, or authorized committee registered with
22the Federal Election Commission, then that filer does not, by
23making such a loan, become a creditor of that individual or
24entity for the purposes of Sections 4A-102 and 4A-103 of this
25Act.
 

 

 

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1    (5 ILCS 420/1-104.4 new)
2    Sec. 1-104.4. Debt. "Debt" means, for the purposes of
3Sections 4A-102 and 4A-103, any money or monetary obligation
4owed at any time during the preceding calendar year to an
5individual, company, or other organization, other than a loan
6that is from a financial institution, government agency, or
7business entity and that is granted on terms made available to
8the general public. For the purposes of Sections 4A-102 and
94A-103, "debt" includes, but is not limited to: personal loans
10from friends or business associates, business loans made
11outside the lender's regular course of business, and loans
12made at below market rates. For the purposes of Sections
134A-102 and 4A-103, "debt" does not include: (i) debts to or
14from financial institutions or government entities, such as
15mortgages, student loans, credit card debts, or loans secured
16by automobiles, household furniture, or appliances, as long as
17those loans were made on terms available to the general public
18and do not exceed the purchase price of the items securing
19them; or (ii) debts to or from a political committee
20registered with the Illinois State Board of Elections or
21political committees, principal campaign committees, or
22authorized committees registered with the Federal Election
23Commission.
 
24    (5 ILCS 420/1-104.5 new)

 

 

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1    Sec. 1-104.5. Diversified funds. "Diversified funds" means
2investment products, such as mutual funds, exchange traded
3funds, or unit investment trusts, that invest in a wide
4variety of securities.
 
5    (5 ILCS 420/1-105.2 new)
6    Sec. 1-105.2. Economic relationship. "Economic
7relationship" means, for the purposes of Sections 4A-102 and
84A-103, any joint or shared ownership interests in businesses
9and creditor-debtor relationships with third parties, other
10than commercial lending institutions, where: (a) the filer is
11entitled to receive (i) more than 7.5% of the total
12distributable income, or (ii) an amount in excess of the
13salary of the Governor; or (b) the filer together with his or
14her spouse or minor children is entitled to receive (i) more
15than 15%, in the aggregate, of the total distributable income,
16or (ii) an amount in excess of 2 times the salary of the
17Governor.
 
18    (5 ILCS 420/1-105.3 new)
19    Sec. 1-105.3. Family. "Family" means, for the purposes of
20Sections 4A-102 and 4A-103, a filer's spouse, children,
21step-children, parents, step-parents, siblings,
22step-siblings, half-siblings, sons-in-law, daughters-in-law,
23grandfathers, grandmothers, grandsons, and granddaughters, as
24well as the father, mother, grandfather, and grandmother of

 

 

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1the filer's spouse.
 
2    (5 ILCS 420/1-105.4 new)
3    Sec. 1-105.4. Immediate family. "Immediate family" means,
4for the purposes of Sections 4A-102 and 4A-103, family of the
5filer living in the filer's residence.
 
6    (5 ILCS 420/1-105.5 new)
7    Sec. 1-105.5. Filer. "Filer" means, for the purposes of
8Section 4A-102 and 4A-103, a person required to file a
9statement of economic interests pursuant to this Act.
 
10    (5 ILCS 420/1-105.6 new)
11    Sec. 1-105.6. Income. "Income" means, for the purposes of
12Sections 4A-102 and 4A-103, income from whatever source
13derived, required to be reported on the filer's federal income
14tax return, including, but not limited to: compensation
15received for services rendered or to be rendered (as reported
16on any Internal Revenue Service forms, including, but not
17limited to, W-2, 1099, or K-1); earnings or capital gains from
18the sale of assets; profit; interest or dividend income from
19all assets; revenue from leases and rentals, royalties,
20prizes, awards, or barter; forgiveness of debt; and earnings
21derived from annuities or trusts other than testamentary
22trusts. "Income" does not include compensation earned for
23service in the position that necessitates the filing of the

 

 

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1statement of economic interests or income from the sale of a
2personal residence or personal vehicle.
 
3    (5 ILCS 420/1-105.7 new)
4    Sec. 1-105.7. Investment real estate. "Investment real
5estate" means any real property, other than a filer's personal
6residences, purchased to produce a profit, whether from income
7or resale. Investment real estate may be described by the city
8and state where the real estate is located.
 
9    (5 ILCS 420/1-109)  (from Ch. 127, par. 601-109)
10    Sec. 1-109. "Lobbying" means: (1) promoting or opposing in
11any manner the passage by the General Assembly of any
12legislative matter affecting the interests of any individual,
13association or corporation as distinct from those of the
14people of the State as a whole; (2) any communication with an
15official of the executive or legislative branch of State
16government, as defined under subsection (c) of Section 2 of
17the Lobbyist Registration Act, for the ultimate purpose of
18influencing any executive, legislative, or administrative
19action; or (3) any communication with an official of a unit of
20local government for the ultimate purpose of influencing any
21official action of the unit of local government.
22(Source: Laws 1967, p. 3401.)
 
23    (5 ILCS 420/1-110)  (from Ch. 127, par. 601-110)

 

 

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1    Sec. 1-110. "Lobbyist" means an individual who is required
2to be registered to engage in lobbying activities pursuant to
3any statute, regulation, or ordinance adopted by a unit of
4government in the State of Illinois any person required to be
5registered under "An Act concerning lobbying and providing a
6penalty for violation thereof", approved July 10, 1957, as
7amended.
8(Source: Laws 1967, p. 3401.)
 
9    (5 ILCS 420/1-112.5 new)
10    Sec. 1-112.5. Personal residence. "Personal residence"
11means, for the purposes of Sections 4A-102 and 4A-103, a
12filer's primary home residence and any residential real
13property held by the filer and used by the filer for
14residential rather than commercial or income generating
15purposes.
 
16    (5 ILCS 420/1-113.6 new)
17    Sec. 1-113.6. Sector funds. "Sector funds" means mutual
18funds or exchange traded funds invested in a particular
19industry or business.
 
20    (5 ILCS 420/1-113.7 new)
21    Sec. 1-113.7. Spouse. "Spouse" means a party to a
22marriage, a party to a civil union, or a registered domestic
23partner.
 

 

 

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1    (5 ILCS 420/2-101)  (from Ch. 127, par. 602-101)
2    Sec. 2-101. No member of the General Assembly, his or her
3spouse, or any immediate family member living with that member
4of the General Assembly legislator may engage in lobbying, as
5that term is defined in Section 1-109, if he or she accepts
6compensation specifically attributable to such lobbying, other
7than that provided by law for members of the General Assembly.
8Nothing in this Section prohibits a member of the General
9Assembly, his or her spouse, or any immediate family member
10living with that member of the General Assembly legislator
11from lobbying without compensation or lobbying as part of his
12or her official duties as a member of the General Assembly.
13    A violation of this Section shall constitute a Class 3
14felony A misdemeanor.
15(Source: P.A. 77-2830.)
 
16    (5 ILCS 420/2-115 new)
17    Sec. 2-115. Future employment with lobbying entity. No
18legislator may, during his or her term of office, negotiate
19for employment with a lobbying entity, as that term is defined
20in Section 2 of the Lobbyist Registration Act, if that
21lobbying entity engages in lobbying with members of the
22General Assembly during the legislator's term of office.
 
23    (5 ILCS 420/3A-50 new)

 

 

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1    Sec. 3A-50. Political activity. No person whose
2appointment requires the advice and consent of the Senate
3shall: (1) serve as an officer of a candidate political
4committee; or (2) be a candidate who is designated as the
5candidate to be supported by a candidate political committee.
6A person whose appointment requires the advice and consent of
7the Senate who is either an officer of a candidate political
8committee or a candidate who is designated as the candidate to
9be supported by a candidate political committee shall within
1030 days after confirmation by the Senate: (i) resign as an
11officer of the candidate political committee; (ii) have his or
12her name removed as the candidate to be supported by a
13candidate political committee; (iii) notify the State Board of
14Elections of the person's intent to convert the candidate
15political committee to a limited activity committee under
16Section 9-1.8 of the Election Code and complete the transition
17to a limited activity committee within 60 days after
18confirmation; or (iv) dissolve the candidate political
19committee. A person whose appointment requires the advice and
20consent of the Senate who is in violation of this Section on
21the effective date of this amendatory Act of the 102nd General
22Assembly must come into compliance within 30 days after the
23effective date of this amendatory Act of the 102nd General
24Assembly. As used in this Section, "candidate political
25committee" has the meaning given to that term in Section 9-1.8
26of the Election Code in which the person subject to

 

 

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1confirmation by the Senate is designated as the candidate to
2be supported by the candidate political committee under
3Section 9-2 of the Code.
 
4    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
5    Sec. 4A-102. The statement of economic interests required
6by this Article shall include the economic interests of the
7person making the statement as provided in this Section. The
8following interests shall be listed by all persons required to
9file:
10        (1) each asset that has a value of more than $25,000 as
11    of the end of the preceding calendar year and is: (i) held
12    in the filer's name, (ii) held jointly by the filer with
13    his or her spouse, or (iii) held jointly by the filer with
14    his or her minor child or children;
15        (2) excluding the income from the position that
16    requires the filing of a statement of economic interests
17    under this Act, each source of income that generated in
18    excess of $10,000 in income during the preceding calendar
19    year (as reported on the filer's federal income tax return
20    covering the preceding calendar year), including a general
21    description of the type of services provided in that
22    source of income, and, if the sale or transfer of an asset
23    produced more than $10,000 in capital gains during the
24    preceding calendar year, the transaction date on which
25    that asset was sold or transferred;

 

 

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1        (3) each creditor of a debt in excess of $25,000 that,
2    during the preceding calendar year, was: (i) owed by the
3    filer, (ii) owed jointly by the filer with his or her
4    spouse, or (iii) owed jointly by the filer with his or her
5    minor child or children;
6        (4) each debtor of a debt in excess of $25,000 that,
7    during the preceding calendar year, was: (i) owed to the
8    filer, (ii) owed jointly to the filer with his or her
9    spouse, or (iii) owed jointly to the filer with his or her
10    minor child or children;
11        (5) each lobbyist known to the filer to be registered
12    with any unit of government in the State of Illinois: (i)
13    with whom the filer maintains an economic relationship, or
14    (ii) who is a member of the filer's immediate family; and
15        (6) each source and type of gift or gifts, or
16    honorarium or honoraria, valued singly or in the aggregate
17    in excess of $1,000 that was received during the preceding
18    calendar year.
19    For the purposes of this Section, the unit of local
20government in relation to which a person is required to file
21under item (o) of Section 4A-101 shall be the unit of local
22government that contributes to the pension fund of which such
23person is a member of the board.
24The interest (if constructively controlled by the person
25making the statement) of a spouse or any other party, shall be
26considered to be the same as the interest of the person making

 

 

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1the statement. Campaign receipts shall not be included in this
2statement.
3        (a) The following interests shall be listed by all
4    persons required to file:
5            (1) The name, address and type of practice of any
6        professional organization or individual professional
7        practice in which the person making the statement was
8        an officer, director, associate, partner or
9        proprietor, or served in any advisory capacity, from
10        which income in excess of $1200 was derived during the
11        preceding calendar year;
12            (2) The nature of professional services (other
13        than services rendered to the unit or units of
14        government in relation to which the person is required
15        to file) and the nature of the entity to which they
16        were rendered if fees exceeding $5,000 were received
17        during the preceding calendar year from the entity for
18        professional services rendered by the person making
19        the statement.
20            (3) The identity (including the address or legal
21        description of real estate) of any capital asset from
22        which a capital gain of $5,000 or more was realized in
23        the preceding calendar year.
24            (4) The name of any unit of government which has
25        employed the person making the statement during the
26        preceding calendar year other than the unit or units

 

 

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1        of government in relation to which the person is
2        required to file.
3            (5) The name of any entity from which a gift or
4        gifts, or honorarium or honoraria, valued singly or in
5        the aggregate in excess of $500, was received during
6        the preceding calendar year.
7        (b) The following interests shall also be listed by
8    persons listed in items (a) through (f), item (l), item
9    (n), and item (p) of Section 4A-101:
10            (1) The name and instrument of ownership in any
11        entity doing business in the State of Illinois, in
12        which an ownership interest held by the person at the
13        date of filing is in excess of $5,000 fair market value
14        or from which dividends of in excess of $1,200 were
15        derived during the preceding calendar year. (In the
16        case of real estate, location thereof shall be listed
17        by street address, or if none, then by legal
18        description). No time or demand deposit in a financial
19        institution, nor any debt instrument need be listed;
20            (2) Except for professional service entities, the
21        name of any entity and any position held therein from
22        which income of in excess of $1,200 was derived during
23        the preceding calendar year, if the entity does
24        business in the State of Illinois. No time or demand
25        deposit in a financial institution, nor any debt
26        instrument need be listed.

 

 

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1            (3) The identity of any compensated lobbyist with
2        whom the person making the statement maintains a close
3        economic association, including the name of the
4        lobbyist and specifying the legislative matter or
5        matters which are the object of the lobbying activity,
6        and describing the general type of economic activity
7        of the client or principal on whose behalf that person
8        is lobbying.
9        (c) The following interests shall also be listed by
10    persons listed in items (a) through (c) and item (e) of
11    Section 4A-101.5:
12            (1) The name and instrument of ownership in any
13        entity doing business with a unit of local government
14        in relation to which the person is required to file if
15        the ownership interest of the person filing is greater
16        than $5,000 fair market value as of the date of filing
17        or if dividends in excess of $1,200 were received from
18        the entity during the preceding calendar year. (In the
19        case of real estate, location thereof shall be listed
20        by street address, or if none, then by legal
21        description). No time or demand deposit in a financial
22        institution, nor any debt instrument need be listed.
23            (2) Except for professional service entities, the
24        name of any entity and any position held therein from
25        which income in excess of $1,200 was derived during
26        the preceding calendar year if the entity does

 

 

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1        business with a unit of local government in relation
2        to which the person is required to file. No time or
3        demand deposit in a financial institution, nor any
4        debt instrument need be listed.
5            (3) The name of any entity and the nature of the
6        governmental action requested by any entity which has
7        applied to a unit of local government in relation to
8        which the person must file for any license, franchise
9        or permit for annexation, zoning or rezoning of real
10        estate during the preceding calendar year if the
11        ownership interest of the person filing is in excess
12        of $5,000 fair market value at the time of filing or if
13        income or dividends in excess of $1,200 were received
14        by the person filing from the entity during the
15        preceding calendar year.
16    For the purposes of this Section, the unit of local
17government in relation to which a person required to file
18under item (e) of Section 4A-101.5 shall be the unit of local
19government that contributes to the pension fund of which such
20person is a member of the board.
21(Source: P.A. 101-221, eff. 8-9-19.)
 
22    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
23    Sec. 4A-103. The statement of economic interests required
24by this Article to be filed with the Secretary of State or
25county clerk shall be filled in by typewriting or hand

 

 

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1printing, shall be verified, dated, and signed by the person
2making the statement and shall contain substantially the
3following:
 
4
STATEMENT OF ECONOMIC INTERESTS

 
5INSTRUCTIONS:
6    You may find the following documents helpful to you in
7completing this form:
8        (1) federal income tax returns, including any related
9    schedules, attachments, and forms; and
10        (2) investment and brokerage statements.
11    To complete this form, you do not need to disclose
12specific amounts or values or report interests relating either
13to political committees registered with the Illinois State
14Board of Elections or to political committees, principal
15campaign committees, or authorized committees registered with
16the Federal Election Commission.
17    The information you disclose will be available to the
18public.
19    You must answer all 6 questions. Certain questions will
20ask you to report any applicable assets or debts held in your
21name; held jointly with your spouse; or held jointly by you
22with your minor child. If you have any concerns about whether
23an interest should be reported, please consult your
24department's ethics officer, if applicable.

 

 

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1    Please ensure that the information you provide is complete
2and accurate. If you need more space than the form allows,
3please attach additional pages for your response. If you are
4subject to the State Officials and Employees Ethics Act, your
5ethics officer must review your statement of economic
6interests before you file it. Failure to complete the
7statement in good faith and within the prescribed deadline may
8subject you to fines, imprisonment, or both.
 
9BASIC INFORMATION:
10Name: .......................................................
11Job title:...................................................
12Office, department, or agency that requires you to file this
13form:........................................................
14Other offices, departments, or agencies that require you to
15file a Statement of Economic Interests form: ................
16Full mailing address: .......................................
17Preferred e-mail address (optional) .........................
 
18QUESTIONS:
19    1. If you have any single asset that was worth more than
20$25,000 as of the end of the preceding calendar year and is
21held in your name, held jointly by you with your spouse, or
22held jointly by you with your minor child, list such assets
23below. In the case of investment real estate, list the city and
24state where the investment real estate is located. If you do

 

 

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1not have any such assets, list "none" below.
2.............................................................
3.............................................................
4.............................................................
5.............................................................
6.............................................................
7    2. Excluding the position for which you are required to
8file this form, list the source of any income in excess of
9$10,000 in income as reported on your federal income tax
10return covering the preceding calendar year, including a
11general description of the type of services provided in that
12source of income. If you sold an asset that produced more than
13$10,000 in capital gains in the preceding calendar year, list
14the name of the asset and the transaction date on which the
15sale or transfer took place. If you had no other sources of
16income exceeding $10,000, list "none" below.
 
17Source of Income / Name of Date Sold (if applicable)
18Asset
19............................... ...............................
20............................... ...............................
21............................... ...............................
22    3. Excluding debts incurred on terms available to the
23general public, such as mortgages, student loans, and credit
24card debts, if you owed any single debt in the preceding
25calendar year exceeding $25,000, list the creditor of the debt

 

 

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1below. If you had no such debts, list "none" below.
2    List the creditor for all applicable debts owed by you,
3owed jointly by you with your spouse, or owed jointly by you
4with your minor child. In addition to the types of debts listed
5above, you do not need to report any debts to or from financial
6institutions or government agencies, such as debts secured by
7automobiles, household furniture or appliances, as long as the
8debt was made on terms available to the general public, debts
9to members of your family, or debts to or from a political
10committee registered with the Illinois State Board of
11Elections or any political committee, principal campaign
12committee, or authorized committee registered with the Federal
13Election Commission.
14.............................................................
15.............................................................
16.............................................................
17.............................................................
18    4. Excluding debts owed to you by members of your family or
19by a political committee, if there is any entity or person who
20owed any debt to you in the preceding calendar year exceeding
21$25,000, list the debtor below. If no such debts were owed to
22you, list "none" below.
23    List the debtor for all applicable debts owed to you, owed
24jointly to you with your spouse, or owed jointly to you with
25your minor child. You do not need to report loans made to
26members of your family or to a political committee registered

 

 

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1with the Illinois State Board of Elections or any political
2committee, principal campaign committee, or authorized
3committee registered with the Federal Election Commission.
4.............................................................
5.............................................................
6.............................................................
7    5. If you maintain an economic relationship with a
8lobbyist or if a member of your immediate family is known to
9you to be a lobbyist registered with any unit of government in
10the State of Illinois, list the name of the lobbyist below and
11identify the nature of your relationship with the lobbyist. If
12you do not have an economic relationship with a lobbyist, list
13"none" below.
 
14Name of LobbyistRelationship to Filer
15............................... ...............................
16............................... ...............................
17............................... ...............................
18    6. List the name of any person, organization, or entity
19that was the source of a gift or gifts, or honorarium or
20honoraria, valued singly or in the aggregate in excess of
21$1,000 received during the preceding calendar year.
22.............................................................
23.............................................................
24.............................................................
 

 

 

10200SB1350sam001- 21 -LRB102 13656 RJF 25841 a

1VERIFICATION:
2    "I declare that this statement of economic interests
3(including any attachments) has been examined by me and to the
4best of my knowledge and belief is a true, correct and complete
5statement of my economic interests as required by the Illinois
6Governmental Ethics Act. I understand that the penalty for
7willfully filing a false or incomplete statement is a fine not
8to exceed $2,500 or imprisonment in a penal institution other
9than the penitentiary not to exceed one year, or both fine and
10imprisonment."
11Printed Name of Filer........................................
12Date.........................................................
13Signature....................................................
 
14If this statement of economic interests requires ethics
15officer review prior to filing, the applicable ethics officer
16must complete the following:
 
17CERTIFICATION OF ETHICS OFFICER REVIEW:
18    "In accordance with law, as Ethics Officer, I reviewed
19this statement of economic interests prior to its filing."
 
20Printed Name of Ethics Officer...............................
21Date.........................................................
22Signature....................................................
23Preferred e-mail address (optional) .........................

 

 

10200SB1350sam001- 22 -LRB102 13656 RJF 25841 a

1
STATEMENT OF ECONOMIC INTEREST
2
(TYPE OR HAND PRINT)
3.............................................................
4(name)
5.............................................................
6(each office or position of employment for which this
7statement is filed)
8.............................................................
9(full mailing address)
10GENERAL DIRECTIONS:
11    The interest (if constructively controlled by the person
12making the statement) of a spouse or any other party, shall be
13considered to be the same as the interest of the person making
14the statement.
15    Campaign receipts shall not be included in this statement.
16    If additional space is needed, please attach supplemental
17listing.
18    1. List the name and instrument of ownership in any entity
19doing business in the State of Illinois, in which the
20ownership interest held by the person at the date of filing is
21in excess of $5,000 fair market value or from which dividends
22in excess of $1,200 were derived during the preceding calendar
23year. (In the case of real estate, location thereof shall be
24listed by street address, or if none, then by legal
25description.) No time or demand deposit in a financial
26institution, nor any debt instrument need be listed.

 

 

10200SB1350sam001- 23 -LRB102 13656 RJF 25841 a

1Business EntityInstrument of Ownership
2..............................................................
3..............................................................
4..............................................................
5..............................................................
6    2. List the name, address and type of practice of any
7professional organization in which the person making the
8statement was an officer, director, associate, partner or
9proprietor or served in any advisory capacity, from which
10income in excess of $1,200 was derived during the preceding
11calendar year.
12NameAddressType of Practice
13.............................................................
14.............................................................
15.............................................................
16    3. List the nature of professional services rendered
17(other than to the State of Illinois) to each entity from which
18income exceeding $5,000 was received for professional services
19rendered during the preceding calendar year by the person
20making the statement.
21.............................................................
22.............................................................
23    4. List the identity (including the address or legal
24description of real estate) of any capital asset from which a
25capital gain of $5,000 or more was realized during the
26preceding calendar year.

 

 

10200SB1350sam001- 24 -LRB102 13656 RJF 25841 a

1.............................................................
2.............................................................
3    5. List the identity of any compensated lobbyist with whom
4the person making the statement maintains a close economic
5association, including the name of the lobbyist and specifying
6the legislative matter or matters which are the object of the
7lobbying activity, and describing the general type of economic
8activity of the client or principal on whose behalf that
9person is lobbying.
10LobbyistLegislative MatterClient or Principal
11.............................................................
12.............................................................
13    6. List the name of any entity doing business in the State
14of Illinois from which income in excess of $1,200 was derived
15during the preceding calendar year other than for professional
16services and the title or description of any position held in
17that entity. (In the case of real estate, location thereof
18shall be listed by street address, or if none, then by legal
19description). No time or demand deposit in a financial
20institution nor any debt instrument need be listed.
21EntityPosition Held
22..............................................................
23..............................................................
24..............................................................
25    7. List the name of any unit of government which employed
26the person making the statement during the preceding calendar

 

 

10200SB1350sam001- 25 -LRB102 13656 RJF 25841 a

1year other than the unit or units of government in relation to
2which the person is required to file.
3.............................................................
4.............................................................
5    8. List the name of any entity from which a gift or gifts,
6or honorarium or honoraria, valued singly or in the aggregate
7in excess of $500, was received during the preceding calendar
8year.
9.............................................................
10VERIFICATION:
11    "I declare that this statement of economic interests
12(including any accompanying schedules and statements) has been
13examined by me and to the best of my knowledge and belief is a
14true, correct and complete statement of my economic interests
15as required by the Illinois Governmental Ethics Act. I
16understand that the penalty for willfully filing a false or
17incomplete statement shall be a fine not to exceed $1,000 or
18imprisonment in a penal institution other than the
19penitentiary not to exceed one year, or both fine and
20imprisonment."
21................ ..........................................
22(date of filing) (signature of person making the statement)
23(Source: P.A. 95-173, eff. 1-1-08.)
 
24    (5 ILCS 420/4A-108)
25    Sec. 4A-108. Internet-based systems of filing.

 

 

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1    (a) Notwithstanding any other provision of this Act or any
2other law, the Secretary of State and county clerks are
3authorized to institute an Internet-based system for the
4filing of statements of economic interests in their offices.
5With respect to county clerk systems, the determination to
6institute such a system shall be in the sole discretion of the
7county clerk and shall meet the requirements set out in this
8Section. With respect to a Secretary of State system, the
9determination to institute such a system shall be in the sole
10discretion of the Secretary of State and shall meet the
11requirements set out in this Section and those Sections of the
12State Officials and Employees Ethics Act requiring ethics
13officer review prior to filing. The system shall be capable of
14allowing an ethics officer to approve a statement of economic
15interests and shall include a means to amend a statement of
16economic interests. When this Section does not modify or
17remove the requirements set forth elsewhere in this Article,
18those requirements shall apply to any system of Internet-based
19filing authorized by this Section. When this Section does
20modify or remove the requirements set forth elsewhere in this
21Article, the provisions of this Section shall apply to any
22system of Internet-based filing authorized by this Section.
23    (b) In any system of Internet-based filing of statements
24of economic interests instituted by the Secretary of State or
25a county clerk:
26        (1) Any filing of an Internet-based statement of

 

 

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1    economic interests shall be the equivalent of the filing
2    of a verified, written statement of economic interests as
3    required by Section 4A-101 or 4A-101.5 and the equivalent
4    of the filing of a verified, dated, and signed statement
5    of economic interests as required by Section 4A-103
6    4A-104.
7        (2) The Secretary of State and county clerks who
8    institute a system of Internet-based filing of statements
9    of economic interests shall establish a password-protected
10    website to receive the filings of such statements. A
11    website established under this Section shall set forth and
12    provide a means of responding to the items set forth in
13    Section 4A-103 4A-102 that are required of a person who
14    files a statement of economic interests with that officer.
15    A website established under this Section shall set forth
16    and provide a means of generating a printable receipt page
17    acknowledging filing.
18        (3) The times for the filing of statements of economic
19    interests set forth in Section 4A-105 shall be followed in
20    any system of Internet-based filing of statements of
21    economic interests; provided that a candidate for elective
22    office who is required to file a statement of economic
23    interests in relation to his or her candidacy pursuant to
24    Section 4A-105(a) shall receive a written or printed
25    receipt for his or her filing.
26        A candidate filing for Governor, Lieutenant Governor,

 

 

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1    Attorney General, Secretary of State, Treasurer,
2    Comptroller, State Senate, or State House of
3    Representatives shall not use the Internet to file his or
4    her statement of economic interests, but shall file his or
5    her statement of economic interests in a written or
6    printed form and shall receive a written or printed
7    receipt for his or her filing. Annually, the duly
8    appointed ethics officer for each legislative caucus shall
9    certify to the Secretary of State whether his or her
10    caucus members will file their statements of economic
11    interests electronically or in a written or printed format
12    for that year. If the ethics officer for a caucus
13    certifies that the statements of economic interests shall
14    be written or printed, then members of the General
15    Assembly of that caucus shall not use the Internet to file
16    his or her statement of economic interests, but shall file
17    his or her statement of economic interests in a written or
18    printed form and shall receive a written or printed
19    receipt for his or her filing. If no certification is made
20    by an ethics officer for a legislative caucus, or if a
21    member of the General Assembly is not affiliated with a
22    legislative caucus, then the affected member or members of
23    the General Assembly may file their statements of economic
24    interests using the Internet.
25        (4) In the first year of the implementation of a
26    system of Internet-based filing of statements of economic

 

 

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1    interests, each person required to file such a statement
2    is to be notified in writing of his or her obligation to
3    file his or her statement of economic interests by way of
4    the Internet-based system. If access to the website web
5    site requires a code or password, this information shall
6    be included in the notice prescribed by this paragraph.
7        (5) When a person required to file a statement of
8    economic interests has supplied the Secretary of State or
9    a county clerk, as applicable, with an email address for
10    the purpose of receiving notices under this Article by
11    email, a notice sent by email to the supplied email
12    address shall be the equivalent of a notice sent by first
13    class mail, as set forth in Section 4A-106 or 4A-106.5. A
14    person who has supplied such an email address shall notify
15    the Secretary of State or county clerk, as applicable,
16    when his or her email address changes or if he or she no
17    longer wishes to receive notices by email.
18        (6) If any person who is required to file a statement
19    of economic interests and who has chosen to receive
20    notices by email fails to file his or her statement by May
21    10, then the Secretary of State or county clerk, as
22    applicable, shall send an additional email notice on that
23    date, informing the person that he or she has not filed and
24    describing the penalties for late filing and failing to
25    file. This notice shall be in addition to other notices
26    provided for in this Article.

 

 

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1        (7) The Secretary of State and each county clerk who
2    institutes a system of Internet-based filing of statements
3    of economic interests may also institute an Internet-based
4    process for the filing of the list of names and addresses
5    of persons required to file statements of economic
6    interests by the chief administrative officers that must
7    file such information with the Secretary of State or
8    county clerk, as applicable, pursuant to Section 4A-106 or
9    4A-106.5. Whenever the Secretary of State or a county
10    clerk institutes such a system under this paragraph, every
11    chief administrative officer must use the system to file
12    this information.
13        (8) The Secretary of State and any county clerk who
14    institutes a system of Internet-based filing of statements
15    of economic interests shall post the contents of such
16    statements filed with him or her available for inspection
17    and copying on a publicly accessible website. Such
18    postings shall not include the addresses or signatures of
19    the filers.
20(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
21revised 9-12-19.)
 
22    (5 ILCS 420/4A-104 rep.)
23    Section 10. The Illinois Governmental Ethics Act is
24amended by repealing Section 4A-104.
 

 

 

10200SB1350sam001- 31 -LRB102 13656 RJF 25841 a

1    Section 15. The State Officials and Employees Ethics Act
2is amended by changing Sections 5-40, 5-45, 25-5, 25-10,
325-15, and 25-20 as follows:
 
4    (5 ILCS 430/5-40)
5    Sec. 5-40. Fundraising in Sangamon County; virtual
6fundraising. Except as provided in this Section, any
7executive branch constitutional officer, any candidate for an
8executive branch constitutional office, any member of the
9General Assembly, any candidate for the General Assembly, any
10political caucus of the General Assembly, or any political
11committee on behalf of any of the foregoing may not hold a
12political fundraising function in Sangamon County or a virtual
13fundraising function on any day the legislature is in session
14or the day immediately prior to or immediately after such day
15(i) during the period beginning February 1 and ending on the
16later of the actual adjournment dates of either house of the
17spring session and (ii) during fall veto session. For purposes
18of this Section, the legislature is not considered to be in
19session on a day that is solely a perfunctory session day or on
20a day when only a committee is meeting.
21    During the period beginning June 1 and ending on the first
22day of fall veto session each year, this Section does not apply
23to (i) a member of the General Assembly whose legislative or
24representative district is entirely within Sangamon County or
25(ii) a candidate for the General Assembly from that

 

 

10200SB1350sam001- 32 -LRB102 13656 RJF 25841 a

1legislative or representative district.
2(Source: P.A. 96-555, eff. 8-18-09.)
 
3    (5 ILCS 430/5-45)
4    Sec. 5-45. Procurement; revolving door prohibition.
5    (a) No former officer, member, or State employee, or
6spouse or immediate family member living with such person,
7shall, within a period of one year immediately after
8termination of State employment, knowingly accept employment
9or receive compensation or fees for services from a person or
10entity if the officer, member, or State employee, during the
11year immediately preceding termination of State employment,
12participated personally and substantially in the award of
13State contracts, or the issuance of State contract change
14orders, with a cumulative value of $25,000 or more to the
15person or entity, or its parent or subsidiary.
16    (a-5) No officer, member, or spouse or immediate family
17member living with such person shall, during the officer or
18member's term in office or within a period of 2 years
19immediately leaving office, hold an ownership interest, other
20than a passive interest in a publicly traded company, in any
21gaming license under the Illinois Gambling Act, the Video
22Gaming Act, the Illinois Horse Racing Act of 1975, or the
23Sports Wagering Act. Any member of the General Assembly or
24spouse or immediate family member living with such person who
25has an ownership interest, other than a passive interest in a

 

 

10200SB1350sam001- 33 -LRB102 13656 RJF 25841 a

1publicly traded company, in any gaming license under the
2Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
3the Video Gaming Act, or the Sports Wagering Act at the time of
4the effective date of this amendatory Act of the 101st General
5Assembly shall divest himself or herself of such ownership
6within one year after the effective date of this amendatory
7Act of the 101st General Assembly. No State employee who works
8for the Illinois Gaming Board or Illinois Racing Board or
9spouse or immediate family member living with such person
10shall, during State employment or within a period of 2 years
11immediately after termination of State employment, hold an
12ownership interest, other than a passive interest in a
13publicly traded company, in any gaming license under the
14Illinois Gambling Act, the Video Gaming Act, the Illinois
15Horse Racing Act of 1975, or the Sports Wagering Act.
16    (a-10) This subsection (a-10) applies on and after June
1725, 2021. No officer, member, or spouse or immediate family
18member living with such person, shall, during the officer or
19member's term in office or within a period of 2 years
20immediately after leaving office, hold an ownership interest,
21other than a passive interest in a publicly traded company, in
22any cannabis business establishment which is licensed under
23the Cannabis Regulation and Tax Act. Any member of the General
24Assembly or spouse or immediate family member living with such
25person who has an ownership interest, other than a passive
26interest in a publicly traded company, in any cannabis

 

 

10200SB1350sam001- 34 -LRB102 13656 RJF 25841 a

1business establishment which is licensed under the Cannabis
2Regulation and Tax Act at the time of the effective date of
3this amendatory Act of the 101st General Assembly shall divest
4himself or herself of such ownership within one year after the
5effective date of this amendatory Act of the 101st General
6Assembly.
7    No State employee who works for any State agency that
8regulates cannabis business establishment license holders who
9participated personally and substantially in the award of
10licenses under the Cannabis Regulation and Tax Act or a spouse
11or immediate family member living with such person shall,
12during State employment or within a period of 2 years
13immediately after termination of State employment, hold an
14ownership interest, other than a passive interest in a
15publicly traded company, in any cannabis license under the
16Cannabis Regulation and Tax Act.
17    (b) No former officer of the executive branch or State
18employee of the executive branch with regulatory or licensing
19authority, or spouse or immediate family member living with
20such person, shall, within a period of one year immediately
21after termination of State employment, knowingly accept
22employment or receive compensation or fees for services from a
23person or entity if the officer or State employee, during the
24year immediately preceding termination of State employment,
25participated personally and substantially in making a
26regulatory or licensing decision that directly applied to the

 

 

10200SB1350sam001- 35 -LRB102 13656 RJF 25841 a

1person or entity, or its parent or subsidiary.
2    (c) Within 6 months after the effective date of this
3amendatory Act of the 96th General Assembly, each executive
4branch constitutional officer and legislative leader, the
5Auditor General, and the Joint Committee on Legislative
6Support Services shall adopt a policy delineating which State
7positions under his or her jurisdiction and control, by the
8nature of their duties, may have the authority to participate
9personally and substantially in the award of State contracts
10or in regulatory or licensing decisions. The Governor shall
11adopt such a policy for all State employees of the executive
12branch not under the jurisdiction and control of any other
13executive branch constitutional officer.
14    The policies required under subsection (c) of this Section
15shall be filed with the appropriate ethics commission
16established under this Act or, for the Auditor General, with
17the Office of the Auditor General.
18    (d) Each Inspector General shall have the authority to
19determine that additional State positions under his or her
20jurisdiction, not otherwise subject to the policies required
21by subsection (c) of this Section, are nonetheless subject to
22the notification requirement of subsection (f) below due to
23their involvement in the award of State contracts or in
24regulatory or licensing decisions.
25    (e) The Joint Committee on Legislative Support Services,
26the Auditor General, and each of the executive branch

 

 

10200SB1350sam001- 36 -LRB102 13656 RJF 25841 a

1constitutional officers and legislative leaders subject to
2subsection (c) of this Section shall provide written
3notification to all employees in positions subject to the
4policies required by subsection (c) or a determination made
5under subsection (d): (1) upon hiring, promotion, or transfer
6into the relevant position; and (2) at the time the employee's
7duties are changed in such a way as to qualify that employee.
8An employee receiving notification must certify in writing
9that the person was advised of the prohibition and the
10requirement to notify the appropriate Inspector General in
11subsection (f).
12    (f) Any State employee in a position subject to the
13policies required by subsection (c) or to a determination
14under subsection (d), but who does not fall within the
15prohibition of subsection (h) below, who is offered non-State
16employment during State employment or within a period of one
17year immediately after termination of State employment shall,
18prior to accepting such non-State employment, notify the
19appropriate Inspector General. Within 10 calendar days after
20receiving notification from an employee in a position subject
21to the policies required by subsection (c), such Inspector
22General shall make a determination as to whether the State
23employee is restricted from accepting such employment by
24subsection (a) or (b). In making a determination, in addition
25to any other relevant information, an Inspector General shall
26assess the effect of the prospective employment or

 

 

10200SB1350sam001- 37 -LRB102 13656 RJF 25841 a

1relationship upon decisions referred to in subsections (a) and
2(b), based on the totality of the participation by the former
3officer, member, or State employee in those decisions. A
4determination by an Inspector General must be in writing,
5signed and dated by the Inspector General, and delivered to
6the subject of the determination within 10 calendar days or
7the person is deemed eligible for the employment opportunity.
8For purposes of this subsection, "appropriate Inspector
9General" means (i) for members and employees of the
10legislative branch, the Legislative Inspector General; (ii)
11for the Auditor General and employees of the Office of the
12Auditor General, the Inspector General provided for in Section
1330-5 of this Act; and (iii) for executive branch officers and
14employees, the Inspector General having jurisdiction over the
15officer or employee. Notice of any determination of an
16Inspector General and of any such appeal shall be given to the
17ultimate jurisdictional authority, the Attorney General, and
18the Executive Ethics Commission.
19    (g) An Inspector General's determination regarding
20restrictions under subsection (a) or (b) may be appealed to
21the appropriate Ethics Commission by the person subject to the
22decision or the Attorney General no later than the 10th
23calendar day after the date of the determination.
24    On appeal, the Ethics Commission or Auditor General shall
25seek, accept, and consider written public comments regarding a
26determination. In deciding whether to uphold an Inspector

 

 

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1General's determination, the appropriate Ethics Commission or
2Auditor General shall assess, in addition to any other
3relevant information, the effect of the prospective employment
4or relationship upon the decisions referred to in subsections
5(a) and (b), based on the totality of the participation by the
6former officer, member, or State employee in those decisions.
7The Ethics Commission shall decide whether to uphold an
8Inspector General's determination within 10 calendar days or
9the person is deemed eligible for the employment opportunity.
10    (h) The following officers, members, or State employees
11shall not, within a period of one year immediately after
12termination of office or State employment, knowingly accept
13employment or receive compensation or fees for services from a
14person or entity if the person or entity or its parent or
15subsidiary, during the year immediately preceding termination
16of State employment, was a party to a State contract or
17contracts with a cumulative value of $25,000 or more involving
18the officer, member, or State employee's State agency, or was
19the subject of a regulatory or licensing decision involving
20the officer, member, or State employee's State agency,
21regardless of whether he or she participated personally and
22substantially in the award of the State contract or contracts
23or the making of the regulatory or licensing decision in
24question:
25        (1) members or officers;
26        (2) members of a commission or board created by the

 

 

10200SB1350sam001- 39 -LRB102 13656 RJF 25841 a

1    Illinois Constitution;
2        (3) persons whose appointment to office is subject to
3    the advice and consent of the Senate;
4        (4) the head of a department, commission, board,
5    division, bureau, authority, or other administrative unit
6    within the government of this State;
7        (5) chief procurement officers, State purchasing
8    officers, and their designees whose duties are directly
9    related to State procurement;
10        (6) chiefs of staff, deputy chiefs of staff, associate
11    chiefs of staff, assistant chiefs of staff, and deputy
12    governors;
13        (7) employees of the Illinois Racing Board; and
14        (8) employees of the Illinois Gaming Board.
15    (h-5) A member may not, within a period of one year after
16leaving office or within a period of one year after the end of
17the term of office to which the member was elected, whichever
18is longer, engage in lobbying with members of the General
19Assembly, if the member accepts compensation specifically
20attributable to that lobbying. Nothing in this subsection
21(h-5) prohibits a member from lobbying without compensation.
22    (i) For the purposes of this Section, with respect to
23officers or employees of a regional transit board, as defined
24in this Act, the phrase "person or entity" does not include:
25(i) the United States government, (ii) the State, (iii)
26municipalities, as defined under Article VII, Section 1 of the

 

 

10200SB1350sam001- 40 -LRB102 13656 RJF 25841 a

1Illinois Constitution, (iv) units of local government, as
2defined under Article VII, Section 1 of the Illinois
3Constitution, or (v) school districts.
4(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
 
5    (5 ILCS 430/25-5)
6    Sec. 25-5. Legislative Ethics Commission.
7    (a) The Legislative Ethics Commission is created.
8    (b) The Legislative Ethics Commission shall consist of 8
9commissioners appointed 2 each by the President and Minority
10Leader of the Senate and the Speaker and Minority Leader of the
11House of Representatives.
12    The terms of the initial commissioners shall commence upon
13qualification. Each appointing authority shall designate one
14appointee who shall serve for a 2-year term running through
15June 30, 2005. Each appointing authority shall designate one
16appointee who shall serve for a 4-year term running through
17June 30, 2007. The initial appointments shall be made within
1860 days after the effective date of this Act.
19    After the initial terms, commissioners shall serve for
204-year terms commencing on July 1 of the year of appointment
21and running through June 30 of the fourth following year.
22Commissioners may be reappointed to one or more subsequent
23terms.
24    Vacancies occurring other than at the end of a term shall
25be filled by the appointing authority only for the balance of

 

 

10200SB1350sam001- 41 -LRB102 13656 RJF 25841 a

1the term of the commissioner whose office is vacant.
2    Terms shall run regardless of whether the position is
3filled.
4    (c) The appointing authorities shall appoint commissioners
5from the general public who have experience holding
6governmental office or employment. A person is not eligible to
7serve as a commissioner if that person (i) has been convicted
8of a felony or a crime of dishonesty or moral turpitude; (ii)
9is, or was within the preceding 10 years, engaged in
10activities that require registration under the Lobbyist
11Registration Act; (iii) is related to the appointing
12authority; (iv) is or has been within the preceding 10 years a
13State officer, a State employee, or an employee or member of
14the General Assembly; or (v) holds a partisan elected or
15political party office, or is otherwise an officer or employee
16of a political committee or political campaign. The appointing
17authorities shall appoint commissioners who have experience
18holding governmental office or employment and may appoint
19commissioners who are members of the General Assembly as well
20as commissioners from the general public. A commissioner who
21is a member of the General Assembly must recuse himself or
22herself from participating in any matter relating to any
23investigation or proceeding in which he or she is the subject
24or is a complainant. A person is not eligible to serve as a
25commissioner if that person (i) has been convicted of a felony
26or a crime of dishonesty or moral turpitude, (ii) is, or was

 

 

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1within the preceding 12 months, engaged in activities that
2require registration under the Lobbyist Registration Act,
3(iii) is a relative of the appointing authority, (iv) is a
4State officer or employee other than a member of the General
5Assembly, or (v) is a candidate for statewide office, federal
6office, or judicial office.
7    (c-5) If a commissioner is required to recuse himself or
8herself from participating in a matter as provided in
9subsection (c), the recusal shall create a temporary vacancy
10for the limited purpose of consideration of the matter for
11which the commissioner recused himself or herself, and the
12appointing authority for the recusing commissioner shall make
13a temporary appointment to fill the vacancy for consideration
14of the matter for which the commissioner recused himself or
15herself.
16    (d) The Legislative Ethics Commission shall have
17jurisdiction over current and former members of the General
18Assembly regarding events occurring during a member's term of
19office and current and former State employees regarding events
20occurring during any period of employment where the State
21employee's ultimate jurisdictional authority is (i) a
22legislative leader, (ii) the Senate Operations Commission, or
23(iii) the Joint Committee on Legislative Support Services. The
24Legislative Ethics Commission shall have jurisdiction over
25complainants and respondents in violation of subsection (d) of
26Section 25-90. The jurisdiction of the Commission is limited

 

 

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1to matters arising under this Act and the Illinois
2Governmental Ethics Act.
3    An officer or executive branch State employee serving on a
4legislative branch board or commission remains subject to the
5jurisdiction of the Executive Ethics Commission and is not
6subject to the jurisdiction of the Legislative Ethics
7Commission.
8    (e) The Legislative Ethics Commission must meet, either in
9person or by other technological means, monthly or as often as
10necessary. At the first meeting of the Legislative Ethics
11Commission, the commissioners shall choose from their number a
12chairperson and other officers that they deem appropriate. The
13terms of officers shall be for 2 years commencing July 1 and
14running through June 30 of the second following year. Meetings
15shall be held at the call of the chairperson or any 3
16commissioners. Official action by the Commission shall require
17the affirmative vote of 5 commissioners, and a quorum shall
18consist of 5 commissioners. Commissioners shall receive no
19compensation but may be reimbursed for their reasonable
20expenses actually incurred in the performance of their duties.
21    (f) No commissioner, other than a commissioner who is a
22member of the General Assembly, or employee of the Legislative
23Ethics Commission may during his or her term of appointment or
24employment:
25        (1) become a candidate for any elective office;
26        (2) hold any other elected or appointed public office

 

 

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1    except for appointments on governmental advisory boards or
2    study commissions or as otherwise expressly authorized by
3    law;
4        (3) be actively involved in the affairs of any
5    political party, or political organization, political
6    committee, or political campaign; or
7        (4) advocate for the appointment of another person to
8    an appointed or elected office or position or actively
9    participate in any campaign for any elective office.
10    (f-5) No commissioner who is a member of the General
11Assembly may be a candidate for statewide office, federal
12office, or judicial office. If a commissioner who is a member
13of the General Assembly files petitions to be a candidate for a
14statewide office, federal office, or judicial office, he or
15she shall be deemed to have resigned from his or her position
16as a commissioner on the date his or her name is certified for
17the ballot by the State Board of Elections or local election
18authority and his or her position as a commissioner shall be
19deemed vacant. Such person may not be reappointed to the
20Commission during any time he or she is a candidate for
21statewide office, federal office, or judicial office.
22    (g) An appointing authority may remove a commissioner only
23for cause.
24    (h) The Legislative Ethics Commission shall appoint an
25Executive Director subject to the approval of at least 3 of the
264 legislative leaders. The compensation of the Executive

 

 

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1Director shall be as determined by the Commission. The
2Executive Director of the Legislative Ethics Commission may
3employ, subject to the approval of at least 3 of the 4
4legislative leaders, and determine the compensation of staff,
5as appropriations permit.
6    (i) In consultation with the Legislative Inspector
7General, the Legislative Ethics Commission may develop
8comprehensive training for members and employees under its
9jurisdiction that includes, but is not limited to, sexual
10harassment, employment discrimination, and workplace civility.
11The training may be recommended to the ultimate jurisdictional
12authorities and may be approved by the Commission to satisfy
13the sexual harassment training required under Section 5-10.5
14or be provided in addition to the annual sexual harassment
15training required under Section 5-10.5. The Commission may
16seek input from governmental agencies or private entities for
17guidance in developing such training.
18(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
19101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
 
20    (5 ILCS 430/25-10)
21    Sec. 25-10. Office of Legislative Inspector General.
22    (a) The independent Office of the Legislative Inspector
23General is created. The Office shall be under the direction
24and supervision of the Legislative Inspector General and shall
25be a fully independent office with its own appropriation.

 

 

10200SB1350sam001- 46 -LRB102 13656 RJF 25841 a

1    (b) The Legislative Inspector General shall be appointed
2without regard to political affiliation and solely on the
3basis of integrity and demonstrated ability. The Legislative
4Ethics Commission shall diligently search out qualified
5candidates for Legislative Inspector General and shall make
6recommendations to the General Assembly. The Legislative
7Inspector General may serve in a full-time, part-time, or
8contractual capacity.
9    The Legislative Inspector General shall be appointed by a
10joint resolution of the Senate and the House of
11Representatives, which may specify the date on which the
12appointment takes effect. A joint resolution, or other
13document as may be specified by the Joint Rules of the General
14Assembly, appointing the Legislative Inspector General must be
15certified by the Speaker of the House of Representatives and
16the President of the Senate as having been adopted by the
17affirmative vote of three-fifths of the members elected to
18each house, respectively, and be filed with the Secretary of
19State. The appointment of the Legislative Inspector General
20takes effect on the day the appointment is completed by the
21General Assembly, unless the appointment specifies a later
22date on which it is to become effective.
23    The Legislative Inspector General shall have the following
24qualifications:
25        (1) has not been convicted of any felony under the
26    laws of this State, another state, or the United States;

 

 

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1        (2) has earned a baccalaureate degree from an
2    institution of higher education; and
3        (3) has 5 or more years of cumulative service (A) with
4    a federal, State, or local law enforcement agency, at
5    least 2 years of which have been in a progressive
6    investigatory capacity; (B) as a federal, State, or local
7    prosecutor; (C) as a senior manager or executive of a
8    federal, State, or local agency; (D) as a member, an
9    officer, or a State or federal judge; or (E) representing
10    any combination of items (A) through (D).
11    The Legislative Inspector General may not be a relative of
12a commissioner.
13    The term of the initial Legislative Inspector General
14shall commence upon qualification and shall run through June
1530, 2008.
16    After the initial term, the Legislative Inspector General
17shall serve for 5-year terms commencing on July 1 of the year
18of appointment and running through June 30 of the fifth
19following year. The Legislative Inspector General may be
20reappointed to one or more subsequent terms. Terms shall run
21regardless of whether the position is filled.
22    (b-5) A vacancy occurring other than at the end of a term
23shall be filled in the same manner as an appointment only for
24the balance of the term of the Legislative Inspector General
25whose office is vacant. Within 7 days of the Office becoming
26vacant or receipt of a Legislative Inspector General's

 

 

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1prospective resignation, the vacancy shall be publicly posted
2on the Commission's website, along with a description of the
3requirements for the position and where applicants may apply.
4    Within 45 days of the vacancy, the Commission shall
5designate an Acting Legislative Inspector General who shall
6serve until the vacancy is filled. The Commission shall file
7the designation in writing with the Secretary of State.
8    Within 60 days prior to the end of the term of the
9Legislative Inspector General or within 30 days of the
10occurrence of a vacancy in the Office of the Legislative
11Inspector General, the Legislative Ethics Commission shall
12establish a four-member search committee within the Commission
13for the purpose of conducting a search for qualified
14candidates to serve as Legislative Inspector General. The
15Speaker of the House of Representatives, Minority Leader of
16the House, Senate President, and Minority Leader of the Senate
17shall each appoint one member to the search committee. A
18member of the search committee shall be either a retired judge
19or former prosecutor and may not be a member or employee of the
20General Assembly or a registered lobbyist. If the Legislative
21Ethics Commission wishes to recommend that the Legislative
22Inspector General be re-appointed, a search committee does not
23need to be appointed.
24    The search committee shall conduct a search for qualified
25candidates, accept applications, and conduct interviews. The
26search committee shall recommend up to 3 candidates for

 

 

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1Legislative Inspector General to the Legislative Ethics
2Commission. The search committee shall be disbanded upon an
3appointment of the Legislative Inspector General. Members of
4the search committee are not entitled to compensation but
5shall be entitled to reimbursement of reasonable expenses
6incurred in connection with the performance of their duties.
7    Within 30 days after June 8, 2018 (the effective date of
8Public Act 100-588) this amendatory Act of the 100th General
9Assembly, the Legislative Ethics Commission shall create a
10search committee in the manner provided for in this subsection
11to recommend up to 3 candidates for Legislative Inspector
12General to the Legislative Ethics Commission by October 31,
132018.
14    If a vacancy exists and the Commission has not appointed
15an Acting Legislative Inspector General, either the staff of
16the Office of the Legislative Inspector General, or if there
17is no staff, the Executive Director, shall advise the
18Commission of all open investigations and any new allegations
19or complaints received in the Office of the Inspector General.
20These reports shall not include the name of any person
21identified in the allegation or complaint, including, but not
22limited to, the subject of and the person filing the
23allegation or complaint. Notification shall be made to the
24Commission on a weekly basis unless the Commission approves of
25a different reporting schedule.
26    If the Office of the Inspector General is vacant for 6

 

 

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1months or more beginning on or after January 1, 2019, and the
2Legislative Ethics Commission has not appointed an Acting
3Legislative Inspector General, all complaints made to the
4Legislative Inspector General or the Legislative Ethics
5Commission shall be directed to the Inspector General for the
6Auditor General, and he or she shall have the authority to act
7as provided in subsection (c) of this Section and Section
825-20 of this Act, and shall be subject to all laws and rules
9governing a Legislative Inspector General or Acting
10Legislative Inspector General. The authority for the Inspector
11General of the Auditor General under this paragraph shall
12terminate upon appointment of a Legislative Inspector General
13or an Acting Legislative Inspector General.
14    (c) The Legislative Inspector General shall have
15jurisdiction over the current and former members of the
16General Assembly regarding events occurring during a member's
17term of office and current and former State employees
18regarding events occurring during any period of employment
19where the State employee's ultimate jurisdictional authority
20is (i) a legislative leader, (ii) the Senate Operations
21Commission, or (iii) the Joint Committee on Legislative
22Support Services.
23    The jurisdiction of each Legislative Inspector General is
24to investigate allegations of fraud, waste, abuse,
25mismanagement, misconduct, nonfeasance, misfeasance, or
26malfeasance related to government service or employment, or

 

 

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1violations of this Act or violations of other related laws and
2rules regarding events that are related to a person's
3government service or employment.
4    The Legislative Inspector General shall have jurisdiction
5over complainants in violation of subsection (e) of Section
625-63 of this Act.
7    (d) The compensation of the Legislative Inspector General
8shall be the greater of an amount (i) determined (i) by the
9Commission or (ii) by joint resolution of the General Assembly
10passed by a majority of members elected in each chamber.
11Subject to Section 25-45 of this Act, the Legislative
12Inspector General has full authority to organize the Office of
13the Legislative Inspector General, including the employment
14and determination of the compensation of staff, such as
15deputies, assistants, and other employees, as appropriations
16permit. Employment of staff is subject to the approval of at
17least 3 of the 4 legislative leaders.
18    (e) No Legislative Inspector General or employee of the
19Office of the Legislative Inspector General may, during his or
20her term of appointment or employment:
21        (1) become a candidate for any elective office;
22        (2) hold any other elected or appointed public office
23    except for appointments on governmental advisory boards or
24    study commissions or as otherwise expressly authorized by
25    law;
26        (3) be actively involved in the affairs of any

 

 

10200SB1350sam001- 52 -LRB102 13656 RJF 25841 a

1    political party or political organization; or
2        (4) actively participate in any campaign for any
3    elective office.
4    A full-time Legislative Inspector General shall not engage
5in the practice of law or any other business, employment, or
6vocation.
7    In this subsection an appointed public office means a
8position authorized by law that is filled by an appointing
9authority as provided by law and does not include employment
10by hiring in the ordinary course of business.
11    (e-1) No Legislative Inspector General or employee of the
12Office of the Legislative Inspector General may, for one year
13after the termination of his or her appointment or employment:
14        (1) become a candidate for any elective office;
15        (2) hold any elected public office; or
16        (3) hold any appointed State, county, or local
17    judicial office.
18    (e-2) The requirements of item (3) of subsection (e-1) may
19be waived by the Legislative Ethics Commission.
20    (f) The Commission may remove the Legislative Inspector
21General only for cause. At the time of the removal, the
22Commission must report to the General Assembly the
23justification for the removal.
24(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
25revised 9-12-19.)
 

 

 

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1    (5 ILCS 430/25-15)
2    Sec. 25-15. Duties of the Legislative Ethics Commission.
3In addition to duties otherwise assigned by law, the
4Legislative Ethics Commission shall have the following duties:
5        (1) To promulgate rules governing the performance of
6    its duties and the exercise of its powers and governing
7    the investigations of the Legislative Inspector General;
8    except that, the Legislative Ethics Commission shall adopt
9    no rule requiring the Legislative Inspector General to
10    seek the Commission's advance approval before commencing
11    any investigation authorized under this Article or issuing
12    a subpoena under this Article. Any existing rule, as of
13    the effective date of this amendatory Act of the 102nd
14    General Assembly, requiring the Legislative Inspector
15    General to seek the Commission's advance approval before
16    commencing any investigation or issuing a subpoena is
17    void. The rules shall be available on the Commission's
18    website and any proposed changes to the rules must be made
19    available to the public on the Commission's website no
20    less than 7 days before the adoption of the changes. Any
21    person shall be given an opportunity to provide written or
22    oral testimony before the Commission in support of or
23    opposition to proposed rules.
24        (2) To conduct administrative hearings and rule on
25    matters brought before the Commission only upon the
26    receipt of pleadings filed by the Legislative Inspector

 

 

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1    General and not upon its own prerogative, but may appoint
2    special Legislative Inspectors General as provided in
3    Section 25-21. Any other allegations of misconduct
4    received by the Commission from a person other than the
5    Legislative Inspector General shall be referred to the
6    Office of the Legislative Inspector General.
7        (3) To prepare and publish manuals and guides and,
8    working with the Office of the Attorney General, oversee
9    training of employees under its jurisdiction that explains
10    their duties.
11        (4) To prepare public information materials to
12    facilitate compliance, implementation, and enforcement of
13    this Act.
14        (5) To submit reports as required by this Act.
15        (6) To the extent authorized by this Act, to make
16    rulings, issue recommendations, and impose administrative
17    fines, if appropriate, in connection with the
18    implementation and interpretation of this Act. The powers
19    and duties of the Commission are limited to matters
20    clearly within the purview of this Act.
21        (7) To issue subpoenas with respect to matters pending
22    before the Commission, subject to the provisions of this
23    Article and in the discretion of the Commission, to compel
24    the attendance of witnesses for purposes of testimony and
25    the production of documents and other items for inspection
26    and copying.

 

 

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1        (8) To appoint special Legislative Inspectors General
2    as provided in Section 25-21.
3        (9) To conspicuously display on the Commission's
4    website the procedures for reporting a violation of this
5    Act, including how to report violations via email or
6    online.
7        (10) To conspicuously display on the Commission's
8    website any vacancies within the Office of the Legislative
9    Inspector General.
10        (11) To appoint an Acting Legislative Inspector
11    General in the event of a vacancy in the Office of the
12    Legislative Inspector General.
13(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
14    (5 ILCS 430/25-20)
15    Sec. 25-20. Duties of the Legislative Inspector General.
16In addition to duties otherwise assigned by law, the
17Legislative Inspector General shall have the following duties:
18        (1) To receive and investigate allegations of
19    violations of this Act. Except as otherwise provided in
20    paragraph (1.5), an investigation may not be initiated
21    more than one year after the most recent act of the alleged
22    violation or of a series of alleged violations except
23    where there is reasonable cause to believe that fraudulent
24    concealment has occurred. To constitute fraudulent
25    concealment sufficient to toll this limitations period,

 

 

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1    there must be an affirmative act or representation
2    calculated to prevent discovery of the fact that a
3    violation has occurred. The Legislative Inspector General
4    shall have the discretion to determine the appropriate
5    means of investigation as permitted by law.
6        (1.5) Notwithstanding any provision of law to the
7    contrary, the Legislative Inspector General, whether
8    appointed by the Legislative Ethics Commission or the
9    General Assembly, may initiate an investigation based on
10    information provided to the Office of the Legislative
11    Inspector General or the Legislative Ethics Commission
12    during the period from December 1, 2014 through November
13    3, 2017. Any investigation initiated under this paragraph
14    (1.5) must be initiated within one year after the
15    effective date of this amendatory Act of the 100th General
16    Assembly.
17        Notwithstanding any provision of law to the contrary,
18    the Legislative Inspector General, through the Attorney
19    General, shall have the authority to file a complaint
20    related to any founded violations that occurred during the
21    period December 1, 2014 through November 3, 2017 to the
22    Legislative Ethics Commission, and the Commission shall
23    have jurisdiction to conduct administrative hearings
24    related to any pleadings filed by the Legislative
25    Inspector General, provided the complaint is filed with
26    the Commission no later than 6 months after the summary

 

 

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1    report is provided to the Attorney General in accordance
2    with subsection (c) of Section 25-50.
3        (2) To request information relating to an
4    investigation from any person when the Legislative
5    Inspector General deems that information necessary in
6    conducting an investigation.
7        (3) To issue subpoenas, with the advance approval of
8    the Commission, to compel the attendance of witnesses for
9    the purposes of testimony and production of documents and
10    other items for inspection and copying and to make service
11    of those subpoenas and subpoenas issued under item (7) of
12    Section 25-15.
13        (4) To submit reports as required by this Act.
14        (5) To file pleadings in the name of the Legislative
15    Inspector General with the Legislative Ethics Commission,
16    through the Attorney General, as provided in this Article
17    if the Attorney General finds that reasonable cause exists
18    to believe that a violation has occurred.
19        (6) To assist and coordinate the ethics officers for
20    State agencies under the jurisdiction of the Legislative
21    Inspector General and to work with those ethics officers.
22        (7) To participate in or conduct, when appropriate,
23    multi-jurisdictional investigations.
24        (8) To request, as the Legislative Inspector General
25    deems appropriate, from ethics officers of State agencies
26    under his or her jurisdiction, reports or information on

 

 

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1    (i) the content of a State agency's ethics training
2    program and (ii) the percentage of new officers and
3    employees who have completed ethics training.
4        (9) To establish a policy that ensures the appropriate
5    handling and correct recording of all investigations of
6    allegations and to ensure that the policy is accessible
7    via the Internet in order that those seeking to report
8    those allegations are familiar with the process and that
9    the subjects of those allegations are treated fairly.
10        (10) To post information to the Legislative Inspector
11    General's website explaining to complainants and subjects
12    of an investigation the legal limitations on the
13    Legislative Inspector General's ability to provide
14    information to them and a general overview of the
15    investigation process.
16(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
17    Section 20. The Election Code is amended by changing
18Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5
19as follows:
 
20    (10 ILCS 5/1A-14)  (from Ch. 46, par. 1A-14)
21    Sec. 1A-14. Political activity by the State Board of
22Elections.
23    (a) No member of the State Board of Elections may become a
24candidate for nomination for, or election to, or accept

 

 

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1appointment to or hold any other remunerative public office or
2public employment or any office in a political party.
3    (b) No member of the State Board of Elections shall: (1)
4contribute, either financially or in services or goods or any
5other way, to any political committee; (2) serve as an officer
6of any political committee; or (3) be a candidate who is
7designated as the candidate to be supported by a candidate
8political committee. A member of the State Board of Elections
9who is either an officer of a political committee or a
10candidate who is designated as the candidate to be supported
11by a candidate political committee shall within 30 days after
12confirmation by the Senate: (i) resign as an officer of the
13political committee; (ii) have his or her name removed as the
14candidate to be supported by a political committee; (iii)
15notify the Board of the member's intent to convert the
16political committee to a limited activity committee under
17Section 9-1.8, and complete the transition to a limited
18activity committee within 60 days after confirmation; or (iv)
19dissolve the committee. A member of the State Board of
20Elections who is in violation of this subsection (b) on the
21effective date of this amendatory Act of the 102nd General
22Assembly must come into compliance within 30 days after the
23effective date of this amendatory Act of the 102nd General
24Assembly. As used in this Section, "political committee"
25includes both the meaning provided in Section 9-1.8 of this
26Code and the meaning provided in 52 U.S.C. 30101.

 

 

10200SB1350sam001- 60 -LRB102 13656 RJF 25841 a

1    (c) Violation of any prohibition in this Section shall
2disqualify a member of the Board and a vacancy is thereby
3created. A vacancy also exists upon the occurrence of any of
4the events enumerated in Section 25-2 of this Act as in the
5case of an elective office.
6(Source: P.A. 80-1178.)
 
7    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
8    Sec. 9-1.8. Political committees.
9    (a) "Political committee" includes a candidate political
10committee, a political party committee, a political action
11committee, a ballot initiative committee, and an independent
12expenditure committee.
13    (b) "Candidate political committee" means the candidate
14himself or herself or any natural person, trust, partnership,
15corporation, or other organization or group of persons
16designated by the candidate that accepts contributions or
17makes expenditures during any 12-month period in an aggregate
18amount exceeding $5,000 on behalf of the candidate.
19    (c) "Political party committee" means the State central
20committee of a political party, a county central committee of
21a political party, a legislative caucus committee, or a
22committee formed by a ward or township committeeperson of a
23political party. For purposes of this Article, a "legislative
24caucus committee" means a committee established for the
25purpose of electing candidates to the General Assembly by the

 

 

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1person elected President of the Senate, Minority Leader of the
2Senate, Speaker of the House of Representatives, Minority
3Leader of the House of Representatives, or a committee
4established by 5 or more members of the same caucus of the
5Senate or 10 or more members of the same caucus of the House of
6Representatives.
7    (d) "Political action committee" means any natural person,
8trust, partnership, committee, association, corporation, or
9other organization or group of persons, other than a
10candidate, political party, candidate political committee, or
11political party committee, that accepts contributions or makes
12expenditures during any 12-month period in an aggregate amount
13exceeding $5,000 on behalf of or in opposition to a candidate
14or candidates for public office. "Political action committee"
15includes any natural person, trust, partnership, committee,
16association, corporation, or other organization or group of
17persons, other than a candidate, political party, candidate
18political committee, or political party committee, that makes
19electioneering communications during any 12-month period in an
20aggregate amount exceeding $5,000 related to any candidate or
21candidates for public office.
22    (e) "Ballot initiative committee" means any natural
23person, trust, partnership, committee, association,
24corporation, or other organization or group of persons that
25accepts contributions or makes expenditures during any
2612-month period in an aggregate amount exceeding $5,000 in

 

 

10200SB1350sam001- 62 -LRB102 13656 RJF 25841 a

1support of or in opposition to any question of public policy to
2be submitted to the electors. "Ballot initiative committee"
3includes any natural person, trust, partnership, committee,
4association, corporation, or other organization or group of
5persons that makes electioneering communications during any
612-month period in an aggregate amount exceeding $5,000
7related to any question of public policy to be submitted to the
8voters. The $5,000 threshold applies to any contributions or
9expenditures received or made with the purpose of securing a
10place on the ballot for, advocating the defeat or passage of,
11or engaging in electioneering communication regarding the
12question of public policy, regardless of the method of
13initiation of the question of public policy and regardless of
14whether petitions have been circulated or filed with the
15appropriate office or whether the question has been adopted
16and certified by the governing body.
17    (f) "Independent expenditure committee" means any trust,
18partnership, committee, association, corporation, or other
19organization or group of persons formed for the exclusive
20purpose of making independent expenditures during any 12-month
21period in an aggregate amount exceeding $5,000 in support of
22or in opposition to (i) the nomination for election, election,
23retention, or defeat of any public official or candidate or
24(ii) any question of public policy to be submitted to the
25electors. "Independent expenditure committee" also includes
26any trust, partnership, committee, association, corporation,

 

 

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1or other organization or group of persons that makes
2electioneering communications that are not made in connection,
3consultation, or concert with or at the request or suggestion
4of a public official or candidate, a public official's or
5candidate's designated political committee or campaign, or an
6agent or agents of the public official, candidate, or
7political committee or campaign during any 12-month period in
8an aggregate amount exceeding $5,000 related to (i) the
9nomination for election, election, retention, or defeat of any
10public official or candidate or (ii) any question of public
11policy to be submitted to the voters.
12    (g) "Limited activity committee" means a political
13committee for which a person who is nominated to a position
14that is subject to confirmation by the Senate, including a
15member of the State Board of Elections, or a person registered
16as a lobbyist under the Lobbyist Registration Act is either an
17officer or a candidate the committee has designated to
18support.
19(Source: P.A. 100-1027, eff. 1-1-19.)
 
20    (10 ILCS 5/9-3.5 new)
21    Sec. 9-3.5. Candidate political committee restrictions.
22    (a) A person who is registered as a lobbyist under the
23Lobbyist Registration Act or who is nominated to a position
24that is subject to confirmation by the Senate shall not: (1)
25serve as an officer of a candidate political committee that is

 

 

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1designated to support or oppose that person as a candidate; or
2(2) be a candidate who is designated as the candidate to be
3supported by a candidate political committee.
4    (b) Within 30 days after registering as a lobbyist under
5the Lobbyist Registration Act or after confirmation by the
6Senate, the person shall: (1) dissolve the candidate political
7committee; (2) resign as an officer of the candidate political
8committee; (3) have his or her name removed as the candidate to
9be supported by the candidate political committee; or (iv)
10notify the Board of the person's intent to convert the
11candidate political committee to a limited activity candidate
12political committee.
 
13    (10 ILCS 5/9-8.5)
14    Sec. 9-8.5. Limitations on campaign contributions.
15    (a) It is unlawful for a political committee to accept
16contributions except as provided in this Section.
17    (b) During an election cycle, a candidate political
18committee may not accept contributions with an aggregate value
19over the following: (i) $5,000 from any individual, (ii)
20$10,000 from any corporation, labor organization, or
21association, or (iii) $50,000 from a candidate political
22committee or political action committee. A candidate political
23committee may accept contributions in any amount from a
24political party committee except during an election cycle in
25which the candidate seeks nomination at a primary election.

 

 

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1During an election cycle in which the candidate seeks
2nomination at a primary election, a candidate political
3committee may not accept contributions from political party
4committees with an aggregate value over the following: (i)
5$200,000 for a candidate political committee established to
6support a candidate seeking nomination to statewide office,
7(ii) $125,000 for a candidate political committee established
8to support a candidate seeking nomination to the Senate, the
9Supreme Court or Appellate Court in the First Judicial
10District, or an office elected by all voters in a county with
111,000,000 or more residents, (iii) $75,000 for a candidate
12political committee established to support a candidate seeking
13nomination to the House of Representatives, the Supreme Court
14or Appellate Court for a Judicial District other than the
15First Judicial District, an office elected by all voters of a
16county of fewer than 1,000,000 residents, and municipal and
17county offices in Cook County other than those elected by all
18voters of Cook County, and (iv) $50,000 for a candidate
19political committee established to support the nomination of a
20candidate to any other office. A candidate political committee
21established to elect a candidate to the General Assembly may
22accept contributions from only one legislative caucus
23committee. A candidate political committee may not accept
24contributions from a ballot initiative committee or from an
25independent expenditure committee.
26    (c) During an election cycle, a political party committee

 

 

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1may not accept contributions with an aggregate value over the
2following: (i) $10,000 from any individual, (ii) $20,000 from
3any corporation, labor organization, or association, or (iii)
4$50,000 from a political action committee. A political party
5committee may accept contributions in any amount from another
6political party committee or a candidate political committee,
7except as provided in subsection (c-5). Nothing in this
8Section shall limit the amounts that may be transferred
9between a political party committee established under
10subsection (a) of Section 7-8 of this Code and an affiliated
11federal political committee established under the Federal
12Election Code by the same political party. A political party
13committee may not accept contributions from a ballot
14initiative committee or from an independent expenditure
15committee. A political party committee established by a
16legislative caucus may not accept contributions from another
17political party committee established by a legislative caucus.
18    (c-5) During the period beginning on the date candidates
19may begin circulating petitions for a primary election and
20ending on the day of the primary election, a political party
21committee may not accept contributions with an aggregate value
22over $50,000 from a candidate political committee or political
23party committee. A political party committee may accept
24contributions in any amount from a candidate political
25committee or political party committee if the political party
26committee receiving the contribution filed a statement of

 

 

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1nonparticipation in the primary as provided in subsection
2(c-10). The Task Force on Campaign Finance Reform shall study
3and make recommendations on the provisions of this subsection
4to the Governor and General Assembly by September 30, 2012.
5This subsection becomes inoperative on July 1, 2013 and
6thereafter no longer applies.
7    (c-10) A political party committee that does not intend to
8make contributions to candidates to be nominated at a general
9primary election or consolidated primary election may file a
10Statement of Nonparticipation in a Primary Election with the
11Board. The Statement of Nonparticipation shall include a
12verification signed by the chairperson and treasurer of the
13committee that (i) the committee will not make contributions
14or coordinated expenditures in support of or opposition to a
15candidate or candidates to be nominated at the general primary
16election or consolidated primary election (select one) to be
17held on (insert date), (ii) the political party committee may
18accept unlimited contributions from candidate political
19committees and political party committees, provided that the
20political party committee does not make contributions to a
21candidate or candidates to be nominated at the primary
22election, and (iii) failure to abide by these requirements
23shall deem the political party committee in violation of this
24Article and subject the committee to a fine of no more than
25150% of the total contributions or coordinated expenditures
26made by the committee in violation of this Article. This

 

 

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1subsection becomes inoperative on July 1, 2013 and thereafter
2no longer applies.
3    (d) During an election cycle, a political action committee
4may not accept contributions with an aggregate value over the
5following: (i) $10,000 from any individual, (ii) $20,000 from
6any corporation, labor organization, political party
7committee, or association, or (iii) $50,000 from a political
8action committee or candidate political committee. A political
9action committee may not accept contributions from a ballot
10initiative committee or from an independent expenditure
11committee.
12    (e) A ballot initiative committee may accept contributions
13in any amount from any source, provided that the committee
14files the document required by Section 9-3 of this Article and
15files the disclosure reports required by the provisions of
16this Article.
17    (e-5) An independent expenditure committee may accept
18contributions in any amount from any source, provided that the
19committee files the document required by Section 9-3 of this
20Article and files the disclosure reports required by the
21provisions of this Article.
22    (e-10) A limited activity committee shall not accept
23contributions, except that the officer or a candidate the
24committee has designated to support may contribute personal
25funds in order to pay for maintenance expenses. A limited
26activity committee may only make expenditures that are: (1)

 

 

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1necessary for maintenance of the committee; (2) for rent or
2lease payments until the end of the lease in effect at the time
3the officer or candidate is confirmed by the Senate or
4registered as a lobbyist under the Lobbyist Registration Act;
5(3) contributions to 501(c)(3) charities; or (4) returning
6contributions to original contributors.
7    (f) Nothing in this Section shall prohibit a political
8committee from dividing the proceeds of joint fundraising
9efforts; provided that no political committee may receive more
10than the limit from any one contributor, and provided that an
11independent expenditure committee may not conduct joint
12fundraising efforts with a candidate political committee or a
13political party committee.
14    (g) On January 1 of each odd-numbered year, the State
15Board of Elections shall adjust the amounts of the
16contribution limitations established in this Section for
17inflation as determined by the Consumer Price Index for All
18Urban Consumers as issued by the United States Department of
19Labor and rounded to the nearest $100. The State Board shall
20publish this information on its official website.
21    (h) Self-funding candidates. If a public official, a
22candidate, or the public official's or candidate's immediate
23family contributes or loans to the public official's or
24candidate's political committee or to other political
25committees that transfer funds to the public official's or
26candidate's political committee or makes independent

 

 

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1expenditures for the benefit of the public official's or
2candidate's campaign during the 12 months prior to an election
3in an aggregate amount of more than (i) $250,000 for statewide
4office or (ii) $100,000 for all other elective offices, then
5the public official or candidate shall file with the State
6Board of Elections, within one day, a Notification of
7Self-funding that shall detail each contribution or loan made
8by the public official, the candidate, or the public
9official's or candidate's immediate family. Within 2 business
10days after the filing of a Notification of Self-funding, the
11notification shall be posted on the Board's website and the
12Board shall give official notice of the filing to each
13candidate for the same office as the public official or
14candidate making the filing, including the public official or
15candidate filing the Notification of Self-funding. Notice
16shall be sent via first class mail to the candidate and the
17treasurer of the candidate's committee. Notice shall also be
18sent by e-mail to the candidate and the treasurer of the
19candidate's committee if the candidate and the treasurer, as
20applicable, have provided the Board with an e-mail address.
21Upon posting of the notice on the Board's website, all
22candidates for that office, including the public official or
23candidate who filed a Notification of Self-funding, shall be
24permitted to accept contributions in excess of any
25contribution limits imposed by subsection (b). If a public
26official or candidate filed a Notification of Self-funding

 

 

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1during an election cycle that includes a general primary
2election or consolidated primary election and that public
3official or candidate is nominated, all candidates for that
4office, including the nominee who filed the notification of
5self-funding, shall be permitted to accept contributions in
6excess of any contribution limit imposed by subsection (b) for
7the subsequent election cycle. For the purposes of this
8subsection, "immediate family" means the spouse, parent, or
9child of a public official or candidate.
10    (h-5) If a natural person or independent expenditure
11committee makes independent expenditures in support of or in
12opposition to the campaign of a particular public official or
13candidate in an aggregate amount of more than (i) $250,000 for
14statewide office or (ii) $100,000 for all other elective
15offices in an election cycle, as reported in a written
16disclosure filed under subsection (a) of Section 9-8.6 or
17subsection (e-5) of Section 9-10, then the State Board of
18Elections shall, within 2 business days after the filing of
19the disclosure, post the disclosure on the Board's website and
20give official notice of the disclosure to each candidate for
21the same office as the public official or candidate for whose
22benefit or detriment the natural person or independent
23expenditure committee made independent expenditures. Upon
24posting of the notice on the Board's website, all candidates
25for that office in that election, including the public
26official or candidate for whose benefit or detriment the

 

 

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1natural person or independent expenditure committee made
2independent expenditures, shall be permitted to accept
3contributions in excess of any contribution limits imposed by
4subsection (b).
5    (h-10) If the State Board of Elections receives
6notification or determines that a natural person or persons,
7an independent expenditure committee or committees, or
8combination thereof has made independent expenditures in
9support of or in opposition to the campaign of a particular
10public official or candidate in an aggregate amount of more
11than (i) $250,000 for statewide office or (ii) $100,000 for
12all other elective offices in an election cycle, then the
13Board shall, within 2 business days after discovering the
14independent expenditures that, in the aggregate, exceed the
15threshold set forth in (i) and (ii) of this subsection, post
16notice of this fact on the Board's website and give official
17notice to each candidate for the same office as the public
18official or candidate for whose benefit or detriment the
19independent expenditures were made. Notice shall be sent via
20first class mail to the candidate and the treasurer of the
21candidate's committee. Notice shall also be sent by e-mail to
22the candidate and the treasurer of the candidate's committee
23if the candidate and the treasurer, as applicable, have
24provided the Board with an e-mail address. Upon posting of the
25notice on the Board's website, all candidates of that office
26in that election, including the public official or candidate

 

 

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1for whose benefit or detriment the independent expenditures
2were made, may accept contributions in excess of any
3contribution limits imposed by subsection (b).
4    (i) For the purposes of this Section, a corporation, labor
5organization, association, or a political action committee
6established by a corporation, labor organization, or
7association may act as a conduit in facilitating the delivery
8to a political action committee of contributions made through
9dues, levies, or similar assessments and the political action
10committee may report the contributions in the aggregate,
11provided that: (i) contributions made through dues, levies, or
12similar assessments paid by any natural person, corporation,
13labor organization, or association in a calendar year may not
14exceed the limits set forth in this Section; (ii) the
15corporation, labor organization, association, or a political
16action committee established by a corporation, labor
17organization, or association facilitating the delivery of
18contributions maintains a list of natural persons,
19corporations, labor organizations, and associations that paid
20the dues, levies, or similar assessments from which the
21contributions comprising the aggregate amount derive; and
22(iii) contributions made through dues, levies, or similar
23assessments paid by any natural person, corporation, labor
24organization, or association that exceed $500 in a quarterly
25reporting period shall be itemized on the committee's
26quarterly report and may not be reported in the aggregate. A

 

 

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1political action committee facilitating the delivery of
2contributions or receiving contributions shall disclose the
3amount of contributions made through dues delivered or
4received and the name of the corporation, labor organization,
5association, or political action committee delivering the
6contributions, if applicable. On January 1 of each
7odd-numbered year, the State Board of Elections shall adjust
8the amounts of the contribution limitations established in
9this subsection for inflation as determined by the Consumer
10Price Index for All Urban Consumers as issued by the United
11States Department of Labor and rounded to the nearest $100.
12The State Board shall publish this information on its official
13website.
14    (j) A political committee that receives a contribution or
15transfer in violation of this Section shall dispose of the
16contribution or transfer by returning the contribution or
17transfer, or an amount equal to the contribution or transfer,
18to the contributor or transferor or donating the contribution
19or transfer, or an amount equal to the contribution or
20transfer, to a charity. A contribution or transfer received in
21violation of this Section that is not disposed of as provided
22in this subsection within 30 days after the Board sends
23notification to the political committee of the excess
24contribution by certified mail shall escheat to the General
25Revenue Fund and the political committee shall be deemed in
26violation of this Section and subject to a civil penalty not to

 

 

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1exceed 150% of the total amount of the contribution.
2    (k) For the purposes of this Section, "statewide office"
3means the Governor, Lieutenant Governor, Attorney General,
4Secretary of State, Comptroller, and Treasurer.
5    (l) This Section is repealed if and when the United States
6Supreme Court invalidates contribution limits on committees
7formed to assist candidates, political parties, corporations,
8associations, or labor organizations established by or
9pursuant to federal law.
10(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
11    Section 25. The Lobbyist Registration Act is amended by
12adding Section 11.4 as follows:
 
13    (25 ILCS 170/11.4 new)
14    Sec. 11.4. Political activity. No person registered under
15this Act shall: (1) serve as an officer of a political
16committee; or (2) be a candidate who is designated as the
17candidate to be supported by a candidate political committee.
18A person registered under this Act who is either an officer of
19a political committee or a candidate who is designated as the
20candidate to be supported by a candidate political committee
21shall: (i) resign as an officer of the candidate political
22committee; (ii) have his or her name removed as the candidate
23to be supported by a candidate political committee within 30
24days after confirmation by the Senate; (iii) notify the State

 

 

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1Board of Elections of the person's intent to convert the
2candidate political committee to a limited activity committee
3pursuant to Section 9-1.8 of the Election Code within 30 days
4after registering under this Act and complete the transition
5to a limited activity committee within 60 days after
6registration; or (iv) dissolve the candidate political
7committee. A person registered under this Act who is in
8violation of this Section on the effective date of this
9amendatory Act of the 102nd General Assembly must come into
10compliance within 30 days after the effective date of this
11amendatory Act of the 102nd General Assembly. As used in this
12Section, "political committee" has the meaning given to that
13term in Section 9-1.8 of the Election Code in which the person
14registered under this Act is designated as the candidate to be
15supported by the candidate political committee under Section
169-2 of the Code.
 
17    Section 30. The Criminal Code of 2012 is amended by
18changing Section 33G-3 as follows:
 
19    (720 ILCS 5/33G-3)
20    (Section scheduled to be repealed on June 11, 2022)
21    Sec. 33G-3. Definitions. As used in this Article:
22    (a) "Another state" means any State of the United States
23(other than the State of Illinois), or the District of
24Columbia, or the Commonwealth of Puerto Rico, or any territory

 

 

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1or possession of the United States, or any political
2subdivision, or any department, agency, or instrumentality
3thereof.
4    (b) "Enterprise" includes:
5        (1) any partnership, corporation, association,
6    business or charitable trust, or other legal entity; and
7        (2) any group of individuals or other legal entities,
8    or any combination thereof, associated in fact although
9    not itself a legal entity. An association in fact must be
10    held together by a common purpose of engaging in a course
11    of conduct, and it may be associated together for purposes
12    that are both legal and illegal. An association in fact
13    must:
14            (A) have an ongoing organization or structure,
15        either formal or informal;
16            (B) the various members of the group must function
17        as a continuing unit, even if the group changes
18        membership by gaining or losing members over time; and
19            (C) have an ascertainable structure distinct from
20        that inherent in the conduct of a pattern of predicate
21        activity.
22    As used in this Article, "enterprise" includes licit and
23illicit enterprises.
24    (c) "Labor organization" includes any organization, labor
25union, craft union, or any voluntary unincorporated
26association designed to further the cause of the rights of

 

 

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1union labor that is constituted for the purpose, in whole or in
2part, of collective bargaining or of dealing with employers
3concerning grievances, terms or conditions of employment, or
4apprenticeships or applications for apprenticeships, or of
5other mutual aid or protection in connection with employment,
6including apprenticeships or applications for apprenticeships.
7    (d) "Operation or management" means directing or carrying
8out the enterprise's affairs and is limited to any person who
9knowingly serves as a leader, organizer, operator, manager,
10director, supervisor, financier, advisor, recruiter, supplier,
11or enforcer of an enterprise in violation of this Article.
12    (e) "Predicate activity" means any act that is a Class 2
13felony or higher and constitutes a violation or violations of
14any of the following provisions of the laws of the State of
15Illinois (as amended or revised as of the date the activity
16occurred or, in the instance of a continuing offense, the date
17that charges under this Article are filed in a particular
18matter in the State of Illinois) or any act under the law of
19another jurisdiction for an offense that could be charged as a
20Class 2 felony or higher in this State:
21        (1) under the Criminal Code of 1961 or the Criminal
22    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
23    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
24    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
25    (aggravated unlawful restraint), 10-4 (forcible
26    detention), 10-5(b)(10) (child abduction), 10-9

 

 

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1    (trafficking in persons, involuntary servitude, and
2    related offenses), 11-1.20 (criminal sexual assault),
3    11-1.30 (aggravated criminal sexual assault), 11-1.40
4    (predatory criminal sexual assault of a child), 11-1.60
5    (aggravated criminal sexual abuse), 11-6 (indecent
6    solicitation of a child), 11-6.5 (indecent solicitation of
7    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
8    prostitution), 11-14.4 (promoting juvenile prostitution),
9    11-18.1 (patronizing a minor engaged in prostitution;
10    patronizing a juvenile prostitute), 12-3.05 (aggravated
11    battery), 12-6.4 (criminal street gang recruitment),
12    12-6.5 (compelling organization membership of persons),
13    12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5
14    (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
15    18-6 (vehicular invasion), 18-1 (robbery; aggravated
16    robbery), 18-2 (armed robbery), 18-3 (vehicular
17    hijacking), 18-4 (aggravated vehicular hijacking), 18-5
18    (aggravated robbery), 19-1 (burglary), 19-3 (residential
19    burglary), 20-1 (arson; residential arson; place of
20    worship arson), 20-1.1 (aggravated arson), 20-1.2
21    (residential arson), 20-1.3 (place of worship arson),
22    24-1.2 (aggravated discharge of a firearm), 24-1.2-5
23    (aggravated discharge of a machine gun or silencer
24    equipped firearm), 24-1.8 (unlawful possession of a
25    firearm by a street gang member), 24-3.2 (unlawful
26    discharge of firearm projectiles), 24-3.9 (aggravated

 

 

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1    possession of a stolen firearm), 24-3A (gunrunning), 26-5
2    or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
3    (soliciting support for terrorism), 29D-15.1 (causing a
4    catastrophe), 29D-15.2 (possession of a deadly substance),
5    29D-20 (making a terrorist threat), 29D-25 (falsely making
6    a terrorist threat), 29D-29.9 (material support for
7    terrorism), 29D-35 (hindering prosecution of terrorism),
8    31A-1.2 (unauthorized contraband in a penal institution),
9    33-1 (bribery), 33-3 (official misconduct), 33-3.1
10    (solicitation misconduct (State government)), 33-3.2
11    (solicitation misconduct (local government)), 33-8
12    (legislative misconduct), or 33A-3 (armed violence);
13        (2) under the Cannabis Control Act: Sections 5
14    (manufacture or delivery of cannabis), 5.1 (cannabis
15    trafficking), or 8 (production or possession of cannabis
16    plants), provided the offense either involves more than
17    500 grams of any substance containing cannabis or involves
18    more than 50 cannabis sativa plants;
19        (3) under the Illinois Controlled Substances Act:
20    Sections 401 (manufacture or delivery of a controlled
21    substance), 401.1 (controlled substance trafficking), 405
22    (calculated criminal drug conspiracy), or 405.2 (street
23    gang criminal drug conspiracy); or
24        (4) under the Methamphetamine Control and Community
25    Protection Act: Sections 15 (methamphetamine
26    manufacturing), or 55 (methamphetamine delivery).

 

 

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1    (f) "Pattern of predicate activity" means:
2        (1) at least 3 occurrences of predicate activity that
3    are in some way related to each other and that have
4    continuity between them, and that are separate acts. Acts
5    are related to each other if they are not isolated events,
6    including if they have similar purposes, or results, or
7    participants, or victims, or are committed a similar way,
8    or have other similar distinguishing characteristics, or
9    are part of the affairs of the same enterprise. There is
10    continuity between acts if they are ongoing over a
11    substantial period, or if they are part of the regular way
12    some entity does business or conducts its affairs; and
13        (2) which occurs after the effective date of this
14    Article, and the last of which falls within 3 years
15    (excluding any period of imprisonment) after the first
16    occurrence of predicate activity.
17    (g) "Unlawful death" includes the following offenses:
18under the Code of 1961 or the Criminal Code of 2012: Sections
199-1 (first degree murder) or 9-2 (second degree murder).
20(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
21    Section 35. The Code of Criminal Procedure of 1963 is
22amended by changing Section 108B-3 as follows:
 
23    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
24    Sec. 108B-3. Authorization for the interception of private

 

 

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1communication.
2    (a) The State's Attorney, or a person designated in
3writing or by law to act for him and to perform his duties
4during his absence or disability, may authorize, in writing,
5an ex parte application to the chief judge of a court of
6competent jurisdiction for an order authorizing the
7interception of a private communication when no party has
8consented to the interception and (i) the interception may
9provide evidence of, or may assist in the apprehension of a
10person who has committed, is committing or is about to commit,
11a violation of Section 8-1(b) (solicitation of murder), 8-1.2
12(solicitation of murder for hire), 9-1 (first degree murder),
1310-9 (involuntary servitude, involuntary sexual servitude of a
14minor, or trafficking in persons), paragraph (1), (2), or (3)
15of subsection (a) of Section 11-14.4 (promoting juvenile
16prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
1711-14.3 (promoting prostitution), 11-15.1 (soliciting for a
18minor engaged in prostitution), 11-16 (pandering), 11-17.1
19(keeping a place of juvenile prostitution), 11-18.1
20(patronizing a minor engaged in prostitution), 11-19.1
21(juvenile pimping and aggravated juvenile pimping), or 29B-1
22(money laundering) of the Criminal Code of 1961 or the
23Criminal Code of 2012, Section 401, 401.1 (controlled
24substance trafficking), 405, 405.1 (criminal drug conspiracy)
25or 407 of the Illinois Controlled Substances Act or any
26Section of the Methamphetamine Control and Community

 

 

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1Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
224-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
324-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
4or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
52012, or an offense listed as predicate activity under
6subsection (e) of Section 33G-3 of the Criminal Code of 1961 or
7the Criminal Code of 2012, or conspiracy to commit money
8laundering or conspiracy to commit first degree murder; (ii)
9in response to a clear and present danger of imminent death or
10great bodily harm to persons resulting from: (1) a kidnapping
11or the holding of a hostage by force or the threat of the
12imminent use of force; or (2) the occupation by force or the
13threat of the imminent use of force of any premises, place,
14vehicle, vessel or aircraft; (iii) to aid an investigation or
15prosecution of a civil action brought under the Illinois
16Streetgang Terrorism Omnibus Prevention Act when there is
17probable cause to believe the interception of the private
18communication will provide evidence that a streetgang is
19committing, has committed, or will commit a second or
20subsequent gang-related offense or that the interception of
21the private communication will aid in the collection of a
22judgment entered under that Act; or (iv) upon information and
23belief that a streetgang has committed, is committing, or is
24about to commit a felony.
25    (b) The State's Attorney or a person designated in writing
26or by law to act for the State's Attorney and to perform his or

 

 

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1her duties during his or her absence or disability, may
2authorize, in writing, an ex parte application to the chief
3judge of a circuit court for an order authorizing the
4interception of a private communication when no party has
5consented to the interception and the interception may provide
6evidence of, or may assist in the apprehension of a person who
7has committed, is committing or is about to commit, a
8violation of an offense under Article 29D of the Criminal Code
9of 1961 or the Criminal Code of 2012.
10    (b-1) Subsection (b) is inoperative on and after January
111, 2005.
12    (b-2) No conversations recorded or monitored pursuant to
13subsection (b) shall be made inadmissible in a court of law by
14virtue of subsection (b-1).
15    (c) As used in this Section, "streetgang" and
16"gang-related" have the meanings ascribed to them in Section
1710 of the Illinois Streetgang Terrorism Omnibus Prevention
18Act.
19(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
2097-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
21    Section 40. The Statewide Grand Jury Act is amended by
22changing Sections 2, 3, and 4 as follows:
 
23    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
24    Sec. 2. (a) County grand juries and State's Attorneys have

 

 

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1always had and shall continue to have primary responsibility
2for investigating, indicting, and prosecuting persons who
3violate the criminal laws of the State of Illinois. However,
4in recent years organized terrorist activity directed against
5innocent civilians, and certain criminal enterprises, and
6public corruption have developed that require investigation,
7indictment, and prosecution on a statewide or multicounty
8level. The criminal enterprises exist as a result of the
9allure of profitability present in narcotic activity, public
10corruption, the unlawful sale and transfer of firearms, and
11streetgang related felonies and organized terrorist activity
12is supported by the contribution of money and expert
13assistance from geographically diverse sources. In order to
14shut off the life blood of terrorism and weaken or eliminate
15the criminal enterprises, assets, and property used to further
16these offenses must be frozen, and any profit must be removed.
17State statutes exist that can accomplish that goal. Among them
18are the offense of money laundering, violations of Articles
19Article 29D, 33, and 33E of the Criminal Code of 1961 or the
20Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
21and gunrunning. Local prosecutors need investigative personnel
22and specialized training to attack and eliminate these
23profits. In light of the transitory and complex nature of
24conduct that constitutes these criminal activities, the many
25diverse property interests that may be used, acquired directly
26or indirectly as a result of these criminal activities, and

 

 

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1the many places that illegally obtained property may be
2located, it is the purpose of this Act to create a limited,
3multicounty Statewide Grand Jury with authority to
4investigate, indict, and prosecute: narcotic activity,
5including cannabis and controlled substance trafficking,
6narcotics racketeering, money laundering, violations of the
7Cannabis and Controlled Substances Tax Act, and violations of
8Articles Article 29D, 33, and 33E of the Criminal Code of 1961
9or the Criminal Code of 2012; public corruption crimes; the
10unlawful sale and transfer of firearms; gunrunning; and
11streetgang related felonies.
12    (b) A Statewide Grand Jury may also investigate, indict,
13and prosecute violations facilitated by the use of a computer
14of any of the following offenses: indecent solicitation of a
15child, sexual exploitation of a child, soliciting for a
16juvenile prostitute, keeping a place of juvenile prostitution,
17juvenile pimping, child pornography, aggravated child
18pornography, or promoting juvenile prostitution except as
19described in subdivision (a)(4) of Section 11-14.4 of the
20Criminal Code of 1961 or the Criminal Code of 2012.
21(Source: P.A. 101-593, eff. 12-4-19.)
 
22    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
23    Sec. 3. Written application for the appointment of a
24Circuit Judge to convene and preside over a Statewide Grand
25Jury, with jurisdiction extending throughout the State, shall

 

 

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1be made to the Chief Justice of the Supreme Court. Upon such
2written application, the Chief Justice of the Supreme Court
3shall appoint a Circuit Judge from the circuit where the
4Statewide Grand Jury is being sought to be convened, who shall
5make a determination that the convening of a Statewide Grand
6Jury is necessary.
7    In such application the Attorney General shall state that
8the convening of a Statewide Grand Jury is necessary because
9of an alleged offense or offenses set forth in this Section
10involving more than one county of the State and identifying
11any such offense alleged; and
12        (a) that he or she believes that the grand jury
13    function for the investigation and indictment of the
14    offense or offenses cannot effectively be performed by a
15    county grand jury together with the reasons for such
16    belief, and
17        (b)(1) that each State's Attorney with jurisdiction
18    over an offense or offenses to be investigated has
19    consented to the impaneling of the Statewide Grand Jury,
20    or
21        (2) if one or more of the State's Attorneys having
22    jurisdiction over an offense or offenses to be
23    investigated fails to consent to the impaneling of the
24    Statewide Grand Jury, the Attorney General shall set forth
25    good cause for impaneling the Statewide Grand Jury.
26    If the Circuit Judge determines that the convening of a

 

 

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1Statewide Grand Jury is necessary, he or she shall convene and
2impanel the Statewide Grand Jury with jurisdiction extending
3throughout the State to investigate and return indictments:
4        (a) For violations of any of the following or for any
5    other criminal offense committed in the course of
6    violating any of the following: Article 29D of the
7    Criminal Code of 1961 or the Criminal Code of 2012, the
8    Illinois Controlled Substances Act, the Cannabis Control
9    Act, the Methamphetamine Control and Community Protection
10    Act, or the Narcotics Profit Forfeiture Act; a streetgang
11    related felony offense; Section 24-2.1, 24-2.2, 24-3,
12    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
13    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
14    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or
15    the Criminal Code of 2012; or a money laundering offense;
16    provided that the violation or offense involves acts
17    occurring in more than one county of this State; and
18        (a-5) For violations facilitated by the use of a
19    computer, including the use of the Internet, the World
20    Wide Web, electronic mail, message board, newsgroup, or
21    any other commercial or noncommercial on-line service, of
22    any of the following offenses: indecent solicitation of a
23    child, sexual exploitation of a child, soliciting for a
24    juvenile prostitute, keeping a place of juvenile
25    prostitution, juvenile pimping, child pornography,
26    aggravated child pornography, or promoting juvenile

 

 

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1    prostitution except as described in subdivision (a)(4) of
2    Section 11-14.4 of the Criminal Code of 1961 or the
3    Criminal Code of 2012; and
4        (a-6) For violations of offenses involving the
5    corruption of a public official, including theft, fraud,
6    extortion or a violation of Article 33 or 33E of the
7    Criminal Code of 1961 or the Criminal Code of 2012; and
8        (b) For the offenses of perjury, subornation of
9    perjury, communicating with jurors and witnesses, and
10    harassment of jurors and witnesses, as they relate to
11    matters before the Statewide Grand Jury.
12    "Streetgang related" has the meaning ascribed to it in
13Section 10 of the Illinois Streetgang Terrorism Omnibus
14Prevention Act.
15    Upon written application by the Attorney General for the
16convening of an additional Statewide Grand Jury, the Chief
17Justice of the Supreme Court shall appoint a Circuit Judge
18from the circuit for which the additional Statewide Grand Jury
19is sought. The Circuit Judge shall determine the necessity for
20an additional Statewide Grand Jury in accordance with the
21provisions of this Section. No more than 2 Statewide Grand
22Juries may be empaneled at any time.
23(Source: P.A. 101-593, eff. 12-4-19.)
 
24    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
25    Sec. 4. (a) The presiding judge of the Statewide Grand

 

 

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1Jury will receive recommendations from the Attorney General as
2to the county in which the Grand Jury will sit. Prior to making
3the recommendations, the Attorney General shall obtain the
4permission of the local State's Attorney to use his or her
5county for the site of the Statewide Grand Jury. Upon
6receiving the Attorney General's recommendations, the
7presiding judge will choose one of those recommended locations
8as the site where the Grand Jury shall sit.
9    Any indictment by a Statewide Grand Jury shall be returned
10to the Circuit Judge presiding over the Statewide Grand Jury
11and shall include a finding as to the county or counties in
12which the alleged offense was committed. Thereupon, the judge
13shall, by order, designate the county of venue for the purpose
14of trial. The judge may also, by order, direct the
15consolidation of an indictment returned by a county grand jury
16with an indictment returned by the Statewide Grand Jury and
17set venue for trial.
18    (b) Venue for purposes of trial for the offense of
19narcotics racketeering shall be proper in any county where:
20        (1) Cannabis or a controlled substance which is the
21    basis for the charge of narcotics racketeering was used;
22    acquired; transferred or distributed to, from or through;
23    or any county where any act was performed to further the
24    use; acquisition, transfer or distribution of said
25    cannabis or controlled substance; or
26        (2) Any money, property, property interest, or any

 

 

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1    other asset generated by narcotics activities was
2    acquired, used, sold, transferred or distributed to, from
3    or through; or,
4        (3) Any enterprise interest obtained as a result of
5    narcotics racketeering was acquired, used, transferred or
6    distributed to, from or through, or where any activity was
7    conducted by the enterprise or any conduct to further the
8    interests of such an enterprise.
9    (c) Venue for purposes of trial for the offense of money
10laundering shall be proper in any county where any part of a
11financial transaction in criminally derived property took
12place, or in any county where any money or monetary interest
13which is the basis for the offense, was acquired, used, sold,
14transferred or distributed to, from, or through.
15    (d) A person who commits the offense of cannabis
16trafficking or controlled substance trafficking may be tried
17in any county.
18    (e) Venue for purposes of trial for any violation of
19Article 29D of the Criminal Code of 1961 or the Criminal Code
20of 2012 may be in the county in which an act of terrorism
21occurs, the county in which material support or resources are
22provided or solicited, the county in which criminal assistance
23is rendered, or any county in which any act in furtherance of
24any violation of Article 29D of the Criminal Code of 1961 or
25the Criminal Code of 2012 occurs.
26    (f) Venue for purposes of trial for any offense involving

 

 

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1the corruption of a public official may be in any county in
2which any portion of the offense occurred.
3(Source: P.A. 97-1150, eff. 1-25-13.)
 
4    Section 98. Applicability. The provisions of this
5amendatory Act of the 102nd General Assembly concerning
6statements of economic interests shall apply to statements of
7economic interests filed in 2022 and for each year thereafter.
8Any statement of economic interests filed prior to 2022 shall
9apply the law in effect before the effective date of this
10amendatory Act of the 102nd General Assembly.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".