Full Text of SB1350 102nd General Assembly
SB1350sam001 102ND GENERAL ASSEMBLY | Sen. John F. Curran Filed: 5/13/2021
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| 1 | | AMENDMENT TO SENATE BILL 1350
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1350 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Governmental Ethics Act is | 5 | | amended by changing Sections 1-109, 1-110, 2-101, 4A-102, | 6 | | 4A-103, and 4A-108 and by adding Sections 1-102.5, 1-104.3, | 7 | | 1-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.4, 1-105.5, 1-105.6, | 8 | | 1-105.7, 1-112.5, 1-113.6, 1-113.7, 2-115, and 3A-50 as | 9 | | follows: | 10 | | (5 ILCS 420/1-102.5 new) | 11 | | Sec. 1-102.5. Asset. "Asset" means, for the purposes of | 12 | | Sections 4A-102 and 4A-103, an item that is owned and has | 13 | | monetary value. For the purposes of Sections 4A-102 and | 14 | | 4A-103, assets include, but are not limited to: stocks, bonds | 15 | | (except those issued by the federal, state, or local | 16 | | governments), sector mutual funds, sector exchange traded |
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| 1 | | funds, commodity futures, investment real estate, and | 2 | | partnership interests. For the purposes of Sections 4A-102 and | 3 | | 4A-103, assets do not include: personal residences; personal | 4 | | vehicles; savings or checking accounts; bonds, notes, or | 5 | | securities issued by any branch of federal, state, or local | 6 | | government; Medicare benefits; inheritances or bequests; | 7 | | diversified mutual funds; annuities; pensions (including | 8 | | government pensions); retirement accounts; college savings | 9 | | plans that are qualified tuition plans; qualified | 10 | | tax-advantaged savings programs that allow individuals to save | 11 | | for disability-related expenses; non-income producing trust | 12 | | holdings; or tangible personal property. | 13 | | (5 ILCS 420/1-104.3 new) | 14 | | Sec. 1-104.3. Creditor. "Creditor" means, for the purposes | 15 | | of Sections 4A-102 and 4A-103, an individual, organization, or | 16 | | other business entity to whom money or its equivalent is owed, | 17 | | no matter whether that obligation is secured or unsecured, | 18 | | except that if a filer makes a loan to members of his or her | 19 | | family, or a political committee registered with the Illinois | 20 | | State Board of Election, or a political committee, principal | 21 | | campaign committee, or authorized committee registered with | 22 | | the Federal Election Commission, then that filer does not, by | 23 | | making such a loan, become a creditor of that individual or | 24 | | entity for the purposes of Sections 4A-102 and 4A-103 of this | 25 | | Act. |
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| 1 | | (5 ILCS 420/1-104.4 new) | 2 | | Sec. 1-104.4. Debt. "Debt" means, for the purposes of | 3 | | Sections 4A-102 and 4A-103, any money or monetary obligation | 4 | | owed at any time during the preceding calendar year to an | 5 | | individual, company, or other organization, other than a loan | 6 | | that is from a financial institution, government agency, or | 7 | | business entity and that is granted on terms made available to | 8 | | the general public. For the purposes of Sections 4A-102 and | 9 | | 4A-103, "debt" includes, but is not limited to: personal loans | 10 | | from friends or business associates, business loans made | 11 | | outside the lender's regular course of business, and loans | 12 | | made at below market rates. For the purposes of Sections | 13 | | 4A-102 and 4A-103, "debt" does not include: (i) debts to or | 14 | | from financial institutions or government entities, such as | 15 | | mortgages, student loans, credit card debts, or loans secured | 16 | | by automobiles, household furniture, or appliances, as long as | 17 | | those loans were made on terms available to the general public | 18 | | and do not exceed the purchase price of the items securing | 19 | | them; or (ii) debts to or from a political committee | 20 | | registered with the Illinois State Board of Elections or | 21 | | political committees, principal campaign committees, or | 22 | | authorized committees registered with the Federal Election | 23 | | Commission. | 24 | | (5 ILCS 420/1-104.5 new) |
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| 1 | | Sec. 1-104.5. Diversified funds. "Diversified funds" means | 2 | | investment products, such as mutual funds, exchange traded | 3 | | funds, or unit investment trusts, that invest in a wide | 4 | | variety of securities. | 5 | | (5 ILCS 420/1-105.2 new) | 6 | | Sec. 1-105.2. Economic relationship. "Economic | 7 | | relationship" means, for the purposes of Sections 4A-102 and | 8 | | 4A-103, any joint or shared ownership interests in businesses | 9 | | and creditor-debtor relationships with third parties, other | 10 | | than commercial lending institutions, where: (a) the filer is | 11 | | entitled to receive (i) more than 7.5% of the total | 12 | | distributable income, or (ii) an amount in excess of the | 13 | | salary of the Governor; or (b) the filer together with his or | 14 | | her spouse or minor children is entitled to receive (i) more | 15 | | than 15%, in the aggregate, of the total distributable income, | 16 | | or (ii) an amount in excess of 2 times the salary of the | 17 | | Governor. | 18 | | (5 ILCS 420/1-105.3 new) | 19 | | Sec. 1-105.3. Family. "Family" means, for the purposes of | 20 | | Sections 4A-102 and 4A-103, a filer's spouse, children, | 21 | | step-children, parents, step-parents, siblings, | 22 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 23 | | grandfathers, grandmothers, grandsons, and granddaughters, as | 24 | | well as the father, mother, grandfather, and grandmother of |
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| 1 | | the filer's spouse. | 2 | | (5 ILCS 420/1-105.4 new) | 3 | | Sec. 1-105.4. Immediate family. "Immediate family" means, | 4 | | for the purposes of Sections 4A-102 and 4A-103, family of the | 5 | | filer 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 | 8 | | Section 4A-102 and 4A-103, a person required to file a | 9 | | statement 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 | 12 | | Sections 4A-102 and 4A-103, income from whatever source | 13 | | derived, required to be reported on the filer's federal income | 14 | | tax return, including, but not limited to: compensation | 15 | | received for services rendered or to be rendered (as reported | 16 | | on any Internal Revenue Service forms, including, but not | 17 | | limited to, W-2, 1099, or K-1); earnings or capital gains from | 18 | | the sale of assets; profit; interest or dividend income from | 19 | | all assets; revenue from leases and rentals, royalties, | 20 | | prizes, awards, or barter; forgiveness of debt; and earnings | 21 | | derived from annuities or trusts other than testamentary | 22 | | trusts. "Income" does not include compensation earned for | 23 | | service in the position that necessitates the filing of the |
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| 1 | | statement of economic interests or income from the sale of a | 2 | | personal residence or personal vehicle. | 3 | | (5 ILCS 420/1-105.7 new) | 4 | | Sec. 1-105.7. Investment real estate. "Investment real | 5 | | estate" means any real property, other than a filer's personal | 6 | | residences, purchased to produce a profit, whether from income | 7 | | or resale. Investment real estate may be described by the city | 8 | | and 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 | 11 | | any manner the
passage by the General Assembly of any | 12 | | legislative matter affecting the
interests of any individual, | 13 | | association or corporation as distinct from
those of the | 14 | | people of the State as a whole ; (2) any communication with an | 15 | | official of the executive or legislative branch of State | 16 | | government, as defined under subsection (c) of Section 2 of | 17 | | the Lobbyist Registration Act, for the ultimate purpose of | 18 | | influencing any executive, legislative, or administrative | 19 | | action; or (3) any communication with an official of a unit of | 20 | | local government for the ultimate purpose of influencing any | 21 | | official 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 | 2 | | to be registered to engage in lobbying activities pursuant to | 3 | | any statute, regulation, or ordinance adopted by a unit of | 4 | | government in the State of Illinois any person required to be | 5 | | registered under
"An Act concerning lobbying and providing a | 6 | | penalty for violation thereof",
approved July 10, 1957, as | 7 | | amended .
| 8 | | (Source: Laws 1967, p. 3401.)
| 9 | | (5 ILCS 420/1-112.5 new) | 10 | | Sec. 1-112.5. Personal residence. "Personal residence" | 11 | | means, for the purposes of Sections 4A-102 and 4A-103, a | 12 | | filer's primary home residence and any residential real | 13 | | property held by the filer and used by the filer for | 14 | | residential rather than commercial or income generating | 15 | | purposes. | 16 | | (5 ILCS 420/1-113.6 new) | 17 | | Sec. 1-113.6. Sector funds. "Sector funds" means mutual | 18 | | funds or exchange traded funds invested in a particular | 19 | | industry or business. | 20 | | (5 ILCS 420/1-113.7 new) | 21 | | Sec. 1-113.7. Spouse. "Spouse" means a party to a | 22 | | marriage, a party to a civil union, or a registered domestic | 23 | | partner.
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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 | 3 | | spouse, or any immediate family member living with that member | 4 | | of the General Assembly legislator may engage in lobbying, as | 5 | | that term is defined
in Section 1-109, if he or she accepts | 6 | | compensation specifically attributable
to such lobbying, other | 7 | | than that provided by law for members of the
General Assembly. | 8 | | Nothing in this Section prohibits a member of the General | 9 | | Assembly, his or her spouse, or any immediate family member | 10 | | living with that member of the General Assembly legislator | 11 | | from
lobbying without compensation or lobbying as part of his | 12 | | or her official duties as a member of the General Assembly .
| 13 | | A violation of this Section shall constitute a Class 3 | 14 | | felony 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 | 18 | | legislator may, during his or her term of office, negotiate | 19 | | for employment with a lobbying entity, as that term is defined | 20 | | in Section 2 of the Lobbyist Registration Act, if that | 21 | | lobbying entity engages in lobbying with members of the | 22 | | General 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 | 2 | | appointment requires the advice and consent of the Senate | 3 | | shall: (1) serve as an officer of a candidate political | 4 | | committee; or (2) be a candidate who is designated as the | 5 | | candidate to be supported by a candidate political committee. | 6 | | A person whose appointment requires the advice and consent of | 7 | | the Senate who is either an officer of a candidate political | 8 | | committee or a candidate who is designated as the candidate to | 9 | | be supported by a candidate political committee shall within | 10 | | 30 days after confirmation by the Senate: (i) resign as an | 11 | | officer of the candidate political committee; (ii) have his or | 12 | | her name removed as the candidate to be supported by a | 13 | | candidate political committee; (iii) notify the State Board of | 14 | | Elections of the person's intent to convert the candidate | 15 | | political committee to a limited activity committee under | 16 | | Section 9-1.8 of the Election Code and complete the transition | 17 | | to a limited activity committee within 60 days after | 18 | | confirmation; or (iv) dissolve the candidate political | 19 | | committee. A person whose appointment requires the advice and | 20 | | consent of the Senate who is in violation of this Section on | 21 | | the effective date of this amendatory Act of the 102nd General | 22 | | Assembly must come into compliance within 30 days after the | 23 | | effective date of this amendatory Act of the 102nd General | 24 | | Assembly. As used in this Section, "candidate political | 25 | | committee" has the meaning given to that term in Section 9-1.8 | 26 | | of the Election Code in which the person subject to |
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| 1 | | confirmation by the Senate is designated as the candidate to | 2 | | be supported by the candidate political committee under | 3 | | Section 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 | 6 | | by this Article
shall include the economic interests of the | 7 | | person making the statement as
provided in this Section. The | 8 | | following interests shall be listed by all persons required to | 9 | | file: | 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 | 20 | | government in relation to which a person is required to file | 21 | | under item (o) of Section 4A-101 shall be the unit of local | 22 | | government that contributes to the pension fund of which such | 23 | | person is a member of the board. | 24 | | The interest (if constructively controlled by the
person | 25 | | making the statement) of a spouse or any other party, shall be
| 26 | | considered to be the same as the interest of the person making |
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| 1 | | the
statement. Campaign receipts shall not be included in this | 2 | | statement.
| 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 | 17 | | government in relation to which a person required to file | 18 | | under item (e) of Section 4A-101.5 shall be the unit of local | 19 | | government that contributes to the pension fund of which such | 20 | | person 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 | 24 | | by this Article to be filed
with the Secretary of State or | 25 | | county clerk shall be filled in by
typewriting or hand |
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| 1 | | printing, shall be verified, dated, and signed by the
person | 2 | | making the statement and shall contain substantially the | 3 | | following:
| 4 | | STATEMENT OF ECONOMIC INTERESTS | 5 | | INSTRUCTIONS: | 6 | | You may find the following documents helpful to you in | 7 | | completing 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 | 12 | | specific amounts or values or report interests relating either | 13 | | to political committees registered with the Illinois State | 14 | | Board of Elections or to political committees, principal | 15 | | campaign committees, or authorized committees registered with | 16 | | the Federal Election Commission. | 17 | | The information you disclose will be available to the | 18 | | public. | 19 | | You must answer all 6 questions. Certain questions will | 20 | | ask you to report any applicable assets or debts held in your | 21 | | name; held jointly with your spouse; or held jointly by you | 22 | | with your minor child. If you have any concerns about whether | 23 | | an interest should be reported, please consult your | 24 | | department's ethics officer, if applicable. |
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| 1 | | Please ensure that the information you provide is complete | 2 | | and accurate. If you need more space than the form allows, | 3 | | please attach additional pages for your response. If you are | 4 | | subject to the State Officials and Employees Ethics Act, your | 5 | | ethics officer must review your statement of economic | 6 | | interests before you file it. Failure to complete the | 7 | | statement in good faith and within the prescribed deadline may | 8 | | subject you to fines, imprisonment, or both. | 9 | | BASIC INFORMATION: | 10 | | Name: ....................................................... | 11 | | Job title: ................................................... | 12 | | Office, department, or agency that requires you to file this | 13 | | form: ........................................................ | 14 | | Other offices, departments, or agencies that require you to | 15 | | file a Statement of Economic Interests form: ................ | 16 | | Full mailing address: ....................................... | 17 | | Preferred e-mail address (optional) ......................... | 18 | | QUESTIONS: | 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 | 21 | | held in your name, held jointly by you with your spouse, or | 22 | | held jointly by you with your minor child,
list such assets | 23 | | below. In the case of investment real estate, list the city and | 24 | | state where the investment real estate is located. If you do |
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| 1 | | not have any such assets, list "none" below. | 2 | | ............................................................. | 3 | | ............................................................. | 4 | | ............................................................. | 5 | | ............................................................. | 6 | | ............................................................. | 7 | | 2. Excluding the position for which you are required to | 8 | | file this form, list the source of any income in excess of | 9 | | $10,000 in income as reported on your federal income tax | 10 | | return covering the preceding calendar year, including a | 11 | | general description of the type of services provided in that | 12 | | source of income. If you sold an asset that produced more than | 13 | | $10,000 in capital gains in the preceding calendar year, list | 14 | | the name of the asset and the transaction date on which the | 15 | | sale or transfer took place. If you had no other sources of | 16 | | income exceeding $10,000, list "none" below. |
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17 | | Source of Income / Name of |
Date Sold (if applicable) |
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18 | | Asset | |
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19 | | ............................... |
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20 | | ............................... |
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21 | | ............................... |
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| 22 | | 3. Excluding debts incurred on terms available to the | 23 | | general public, such as mortgages, student loans, and credit | 24 | | card debts, if you owed any single debt in the preceding | 25 | | calendar year exceeding $25,000, list the creditor of the debt |
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| 1 | | below. If you had no such debts, list "none" below. | 2 | | List the creditor for all applicable debts owed by you, | 3 | | owed jointly by you with your spouse, or owed jointly by you | 4 | | with your minor child. In addition to the types of debts listed | 5 | | above, you do not need to report any debts to or from financial | 6 | | institutions or government agencies, such as debts secured by | 7 | | automobiles, household furniture or appliances, as long as the | 8 | | debt was made on terms available to the general public, debts | 9 | | to members of your family, or debts to or from a political | 10 | | committee registered with the Illinois State Board of | 11 | | Elections or any political committee, principal campaign | 12 | | committee, or authorized committee registered with the Federal | 13 | | Election Commission. | 14 | | ............................................................. | 15 | | ............................................................. | 16 | | ............................................................. | 17 | | ............................................................. | 18 | | 4. Excluding debts owed to you by members of your family or | 19 | | by a political committee, if there is any entity or person who | 20 | | owed any debt to you in the preceding calendar year exceeding | 21 | | $25,000, list the debtor below. If no such debts were owed to | 22 | | you, list "none" below. | 23 | | List the debtor for all applicable debts owed to you, owed | 24 | | jointly to you with your spouse, or owed jointly to you with | 25 | | your minor child. You do not need to report loans made to | 26 | | members of your family or to a political committee registered |
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| 1 | | with the Illinois State Board of Elections or any political | 2 | | committee, principal campaign committee, or authorized | 3 | | committee registered with the Federal Election Commission. | 4 | | ............................................................. | 5 | | ............................................................. | 6 | | ............................................................. | 7 | | 5. If you maintain an economic relationship with a | 8 | | lobbyist or if a member of your immediate family is known to | 9 | | you to be a lobbyist registered with any unit of government in | 10 | | the State of Illinois, list the name of the lobbyist below and | 11 | | identify the nature of your relationship with the lobbyist. If | 12 | | you do not have an economic relationship with a lobbyist, list | 13 | | "none" below. |
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14 | | Name of Lobbyist |
Relationship to Filer |
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15 | | ............................... |
............................... |
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16 | | ............................... |
............................... |
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17 | | ............................... |
............................... |
| 18 | | 6. List the name of any person, organization, or entity | 19 | | that was the source of a gift or gifts, or honorarium or | 20 | | honoraria, valued singly or in the aggregate in excess of | 21 | | $1,000 received during the preceding calendar year. | 22 | | ............................................................. | 23 | | ............................................................. | 24 | | ............................................................. |
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| 1 | | VERIFICATION: | 2 | | "I declare that this statement of economic interests | 3 | | (including any attachments) has been examined by me and to the | 4 | | best of my knowledge and belief is a true, correct and complete | 5 | | statement of my economic interests as required by the Illinois | 6 | | Governmental Ethics Act. I understand that the penalty for | 7 | | willfully filing a false or incomplete statement is a fine not | 8 | | to exceed $2,500 or imprisonment in a penal institution other | 9 | | than the penitentiary not to exceed one year, or both fine and | 10 | | imprisonment." | 11 | | Printed Name of Filer ........................................ | 12 | | Date ......................................................... | 13 | | Signature .................................................... | 14 | | If this statement of economic interests requires ethics | 15 | | officer review prior to filing, the applicable ethics officer | 16 | | must complete the following: | 17 | | CERTIFICATION OF ETHICS OFFICER REVIEW: | 18 | | "In accordance with law, as Ethics Officer, I reviewed | 19 | | this statement of economic interests prior to its filing." | 20 | | Printed Name of Ethics Officer ............................... | 21 | | Date ......................................................... | 22 | | Signature .................................................... | 23 | | Preferred e-mail address (optional) ......................... |
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| 1 | | STATEMENT OF ECONOMIC INTEREST
| 2 | | (TYPE OR HAND PRINT)
| 3 | | .............................................................
| 4 | | (name)
| 5 | | .............................................................
| 6 | | (each office or position of employment for which this
| 7 | | statement is filed)
| 8 | | .............................................................
| 9 | | (full mailing address)
| 10 | | GENERAL DIRECTIONS:
| 11 | | The interest (if constructively controlled by the person | 12 | | making the
statement) of a spouse or any other party, shall be | 13 | | considered to be the
same as the interest of the person making | 14 | | the statement.
| 15 | | Campaign receipts shall not be included in this statement.
| 16 | | If additional space is needed, please attach supplemental | 17 | | listing.
| 18 | | 1. List the name and instrument of ownership in any entity | 19 | | doing
business in the State of Illinois, in which the | 20 | | ownership interest held by
the person at the date of filing is | 21 | | in excess of $5,000 fair market value
or from which dividends | 22 | | in excess of $1,200 were derived during the
preceding calendar | 23 | | year. (In the case of real estate, location thereof
shall be | 24 | | listed by street address, or if none, then by legal | 25 | | description.)
No time or demand deposit in a financial | 26 | | institution, nor any debt
instrument need be listed.
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| 1 | | Business Entity |
Instrument of Ownership |
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2 | | ............................... |
............................... |
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3 | | ............................... |
............................... |
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4 | | ............................... |
............................... |
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5 | | ............................... |
............................... |
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6 | | 2. List the name, address and type of practice of any | 7 | | professional
organization in which the person making the | 8 | | statement was an officer,
director, associate, partner or | 9 | | proprietor or served in any advisory
capacity, from which | 10 | | income in excess of $1,200 was derived during the
preceding | 11 | | calendar year.
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12 | | Name |
Address |
Type of Practice |
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13 | | .................... |
.................... |
..................... |
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14 | | .................... |
.................... |
..................... |
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15 | | .................... |
.................... |
..................... |
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16 | | 3. List the nature of professional services rendered | 17 | | (other than to the
State of Illinois) to each entity from which | 18 | | income exceeding $5,000 was
received for professional services | 19 | | rendered during the preceding calendar
year by the person | 20 | | making the statement.
| 21 | | .............................................................
| 22 | | .............................................................
| 23 | | 4. List the identity (including the address or legal | 24 | | description of real
estate) of any capital asset from which a | 25 | | capital gain of $5,000 or more
was realized during the | 26 | | preceding calendar year.
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| 1 | | .............................................................
| 2 | | .............................................................
| 3 | | 5. List the identity of any compensated lobbyist with whom | 4 | | the person
making the statement maintains a close economic | 5 | | association, including the
name of the lobbyist and specifying | 6 | | the legislative matter or matters which
are the object of the | 7 | | lobbying activity, and describing the general type of
economic | 8 | | activity of the client or principal on whose behalf that | 9 | | person is
lobbying.
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10 | | Lobbyist |
Legislative Matter |
Client or Principal |
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11 | | .................... |
.................... |
..................... |
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12 | | .................... |
.................... |
..................... |
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13 | | 6. List the name of any entity doing business in the State | 14 | | of Illinois
from which income in excess of $1,200 was derived | 15 | | during the preceding
calendar year other than for professional | 16 | | services and the title or
description of any position held in | 17 | | that entity. (In the case of real
estate, location thereof | 18 | | shall be listed by street address, or if none,
then by legal | 19 | | description). No time or demand deposit in a financial
| 20 | | institution nor any debt instrument need be listed.
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21 | | Entity |
Position Held |
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22 | | ............................... |
............................... |
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23 | | ............................... |
............................... |
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24 | | ............................... |
............................... |
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25 | | 7. List the name of any unit of government which employed | 26 | | the person
making the statement during the preceding calendar |
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| 1 | | year other than the unit
or units
of government in relation to | 2 | | which the person is required to file.
| 3 | | .............................................................
| 4 | | .............................................................
| 5 | | 8. List the name of any entity from which a gift or gifts, | 6 | | or honorarium
or honoraria, valued singly or in the aggregate | 7 | | in excess of $500, was
received during the preceding calendar | 8 | | year.
| 9 | | .............................................................
| 10 | | VERIFICATION:
| 11 | | "I declare that this statement of economic interests | 12 | | (including any
accompanying schedules and statements) has been | 13 | | examined by me and to the
best of my knowledge and belief is a | 14 | | true, correct and complete statement
of my economic interests | 15 | | as required by the Illinois Governmental Ethics
Act. I | 16 | | understand that the penalty for willfully filing a false or
| 17 | | incomplete statement shall be a fine not to exceed $1,000 or | 18 | | imprisonment
in a penal institution other than the | 19 | | penitentiary not to exceed one year,
or both fine and | 20 | | imprisonment."
| 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 | 2 | | other law, the Secretary of State and county clerks are | 3 | | authorized to institute an Internet-based system for the | 4 | | filing of statements of economic interests in their offices. | 5 | | With respect to county clerk systems, the determination to | 6 | | institute such a system shall be in the sole discretion of the | 7 | | county clerk and shall meet the requirements set out in this | 8 | | Section. With respect to a Secretary of State system, the | 9 | | determination to institute such a system shall be in the sole | 10 | | discretion of the Secretary of State and shall meet the | 11 | | requirements set out in this Section and those Sections of the | 12 | | State Officials and Employees Ethics Act requiring ethics | 13 | | officer review prior to filing. The system shall be capable of | 14 | | allowing an ethics officer to approve a statement of economic | 15 | | interests and shall include a means to amend a statement of | 16 | | economic interests. When this Section does not modify or | 17 | | remove the requirements set forth elsewhere in this Article, | 18 | | those requirements shall apply to any system of Internet-based | 19 | | filing authorized by this Section. When this Section does | 20 | | modify or remove the requirements set forth elsewhere in this | 21 | | Article, the provisions of this Section shall apply to any | 22 | | system of Internet-based filing authorized by this Section. | 23 | | (b) In any system of Internet-based filing of statements | 24 | | of economic interests instituted by the Secretary of State or | 25 | | a 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; | 21 | | revised 9-12-19.)
| 22 | | (5 ILCS 420/4A-104 rep.)
| 23 | | Section 10. The Illinois Governmental Ethics Act is | 24 | | amended by repealing Section 4A-104. |
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| 1 | | Section 15. The State Officials and Employees Ethics Act | 2 | | is amended by changing Sections 5-40, 5-45, 25-5, 25-10, | 3 | | 25-15, and 25-20 as follows: | 4 | | (5 ILCS 430/5-40)
| 5 | | Sec. 5-40. Fundraising in Sangamon County ; virtual | 6 | | fundraising . Except as provided in this
Section, any | 7 | | executive branch constitutional officer, any candidate for an
| 8 | | executive branch constitutional office, any member of the | 9 | | General Assembly,
any candidate for the General Assembly, any | 10 | | political caucus of the General
Assembly, or any political | 11 | | committee on behalf of any of the foregoing may not
hold a | 12 | | political fundraising function in Sangamon County or a virtual | 13 | | fundraising function on any day the legislature is
in session | 14 | | or the day immediately prior to or immediately after such day | 15 | | (i) during the period beginning February 1 and ending on the | 16 | | later
of the actual adjournment dates
of either house of the | 17 | | spring session and (ii) during fall veto session .
For purposes | 18 | | of this Section, the legislature is not considered to be in
| 19 | | session on a day that is solely a perfunctory session day or on | 20 | | a day when only
a committee is meeting.
| 21 | | During the period beginning June 1 and ending on the first | 22 | | day of fall veto
session each year, this Section does not apply | 23 | | to (i) a member of the General
Assembly whose legislative or | 24 | | representative district is entirely within
Sangamon County or | 25 | | (ii) a candidate for the General Assembly from that
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| 1 | | legislative 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 | 6 | | spouse or
immediate family member living with such person, | 7 | | shall, within a period of one
year immediately after | 8 | | termination of State employment, knowingly accept
employment | 9 | | or receive compensation or fees for services from a person or | 10 | | entity
if the officer, member, or State employee, during the | 11 | | year immediately
preceding termination of State employment, | 12 | | participated personally and
substantially in the award of | 13 | | State contracts, or the issuance of State contract change | 14 | | orders, with a cumulative value
of $25,000
or more to the | 15 | | person or entity, or its parent or subsidiary.
| 16 | | (a-5) No officer, member, or spouse or immediate family | 17 | | member living with such person shall, during the officer or | 18 | | member's term in office or within a period of 2 years | 19 | | immediately leaving office, hold an ownership interest, other | 20 | | than a passive interest in a publicly traded company, in any | 21 | | gaming license under the Illinois Gambling Act, the Video | 22 | | Gaming Act, the Illinois Horse Racing Act of 1975, or the | 23 | | Sports Wagering Act. Any member of the General Assembly or | 24 | | spouse or immediate family member living with such person who | 25 | | has an ownership interest, other than a passive interest in a |
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| 1 | | publicly traded company, in any gaming license under the | 2 | | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | 3 | | the Video Gaming Act, or the Sports Wagering Act at the time of | 4 | | the effective date of this amendatory Act of the 101st General | 5 | | Assembly shall divest himself or herself of such ownership | 6 | | within one year after the effective date of this amendatory | 7 | | Act of the 101st General Assembly. No State employee who works | 8 | | for the Illinois Gaming Board or Illinois Racing Board or | 9 | | spouse or immediate family member living with such person | 10 | | shall, during State employment or within a period of 2 years | 11 | | immediately after termination of State employment, hold an | 12 | | ownership interest, other than a passive interest in a | 13 | | publicly traded company, in any gaming license under the | 14 | | Illinois Gambling Act, the Video Gaming Act, the Illinois | 15 | | Horse Racing Act of 1975, or the Sports Wagering Act. | 16 | | (a-10) This subsection (a-10) applies on and after June | 17 | | 25, 2021. No officer, member, or spouse or immediate family | 18 | | member living with such person, shall, during the officer or | 19 | | member's term in office or within a period of 2 years | 20 | | immediately after leaving office, hold an ownership interest, | 21 | | other than a passive interest in a publicly traded company, in | 22 | | any cannabis business establishment which is licensed under | 23 | | the Cannabis Regulation and Tax Act. Any member of the General | 24 | | Assembly or spouse or immediate family member living with such | 25 | | person who has an ownership interest, other than a passive | 26 | | interest in a publicly traded company, in any cannabis |
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| 1 | | business establishment which is licensed under the Cannabis | 2 | | Regulation and Tax Act at the time of the effective date of | 3 | | this amendatory Act of the 101st General Assembly shall divest | 4 | | himself or herself of such ownership within one year after the | 5 | | effective date of this amendatory Act of the 101st General | 6 | | Assembly. | 7 | | No State employee who works for any State agency that | 8 | | regulates cannabis business establishment license holders who | 9 | | participated personally and substantially in the award of | 10 | | licenses under the Cannabis Regulation and Tax Act or a spouse | 11 | | or immediate family member living with such person shall, | 12 | | during State employment or within a period of 2 years | 13 | | immediately after termination of State employment, hold an | 14 | | ownership interest, other than a passive interest in a | 15 | | publicly traded company, in any cannabis license under the | 16 | | Cannabis Regulation and Tax Act. | 17 | | (b) No former officer of the executive branch or State | 18 | | employee of the
executive branch with regulatory or
licensing | 19 | | authority, or spouse or immediate family member living with | 20 | | such
person, shall, within a period of one year immediately | 21 | | after termination of
State employment, knowingly accept | 22 | | employment or receive compensation or fees
for services from a | 23 | | person or entity if the officer
or State
employee, during the | 24 | | year immediately preceding
termination of State employment, | 25 | | participated personally and substantially in making a | 26 | | regulatory or licensing decision that
directly applied to the |
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| 1 | | person or entity, or its parent or subsidiary.
| 2 | | (c) Within 6 months after the effective date of this | 3 | | amendatory Act of the 96th General Assembly, each executive | 4 | | branch constitutional officer and legislative leader, the | 5 | | Auditor General, and the Joint Committee on Legislative | 6 | | Support Services shall adopt a policy delineating which State | 7 | | positions under his or her jurisdiction and control, by the | 8 | | nature of their duties, may have the authority to participate | 9 | | personally and substantially in the award of State contracts | 10 | | or in regulatory or licensing decisions. The Governor shall | 11 | | adopt such a policy for all State employees of the executive | 12 | | branch not under the jurisdiction and control of any other | 13 | | executive branch constitutional officer.
| 14 | | The policies required under subsection (c) of this Section | 15 | | shall be filed with the appropriate ethics commission | 16 | | established under this Act or, for the Auditor General, with | 17 | | the Office of the Auditor General. | 18 | | (d) Each Inspector General shall have the authority to | 19 | | determine that additional State positions under his or her | 20 | | jurisdiction, not otherwise subject to the policies required | 21 | | by subsection (c) of this Section, are nonetheless subject to | 22 | | the notification requirement of subsection (f) below due to | 23 | | their involvement in the award of State contracts or in | 24 | | regulatory or licensing decisions. | 25 | | (e) The Joint Committee on Legislative Support Services, | 26 | | the Auditor General, and each of the executive branch |
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| 1 | | constitutional officers and legislative leaders subject to | 2 | | subsection (c) of this Section shall provide written | 3 | | notification to all employees in positions subject to the | 4 | | policies required by subsection (c) or a determination made | 5 | | under subsection (d): (1) upon hiring, promotion, or transfer | 6 | | into the relevant position; and (2) at the time the employee's | 7 | | duties are changed in such a way as to qualify that employee. | 8 | | An employee receiving notification must certify in writing | 9 | | that the person was advised of the prohibition and the | 10 | | requirement to notify the appropriate Inspector General in | 11 | | subsection (f). | 12 | | (f) Any State employee in a position subject to the | 13 | | policies required by subsection (c) or to a determination | 14 | | under subsection (d), but who does not fall within the | 15 | | prohibition of subsection (h) below, who is offered non-State | 16 | | employment during State employment or within a period of one | 17 | | year immediately after termination of State employment shall, | 18 | | prior to accepting such non-State employment, notify the | 19 | | appropriate Inspector General. Within 10 calendar days after | 20 | | receiving notification from an employee in a position subject | 21 | | to the policies required by subsection (c), such Inspector | 22 | | General shall make a determination as to whether the State | 23 | | employee is restricted from accepting such employment by | 24 | | subsection (a) or (b). In making a determination, in addition | 25 | | to any other relevant information, an Inspector General shall | 26 | | assess the effect of the prospective employment or |
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| 1 | | relationship upon decisions referred to in subsections (a) and | 2 | | (b), based on the totality of the participation by the former | 3 | | officer, member, or State employee in those decisions. A | 4 | | determination by an Inspector General must be in writing, | 5 | | signed and dated by the Inspector General, and delivered to | 6 | | the subject of the determination within 10 calendar days or | 7 | | the person is deemed eligible for the employment opportunity. | 8 | | For purposes of this subsection, "appropriate Inspector | 9 | | General" means (i) for members and employees of the | 10 | | legislative branch, the Legislative Inspector General; (ii) | 11 | | for the Auditor General and employees of the Office of the | 12 | | Auditor General, the Inspector General provided for in Section | 13 | | 30-5 of this Act; and (iii) for executive branch officers and | 14 | | employees, the Inspector General having jurisdiction over the | 15 | | officer or employee. Notice of any determination of an | 16 | | Inspector General and of any such appeal shall be given to the | 17 | | ultimate jurisdictional authority, the Attorney General, and | 18 | | the Executive Ethics Commission. | 19 | | (g) An Inspector General's determination regarding | 20 | | restrictions under subsection (a) or (b) may be appealed to | 21 | | the appropriate Ethics Commission by the person subject to the | 22 | | decision or the Attorney General no later than the 10th | 23 | | calendar day after the date of the determination. | 24 | | On appeal, the Ethics Commission or Auditor General shall | 25 | | seek, accept, and consider written public comments regarding a | 26 | | determination. In deciding whether to uphold an Inspector |
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| 1 | | General's determination, the appropriate Ethics Commission or | 2 | | Auditor General shall assess, in addition to any other | 3 | | relevant information, the effect of the prospective employment | 4 | | or relationship upon the decisions referred to in subsections | 5 | | (a) and (b), based on the totality of the participation by the | 6 | | former officer, member, or State employee in those decisions. | 7 | | The Ethics Commission shall decide whether to uphold an | 8 | | Inspector General's determination within 10 calendar days or | 9 | | the person is deemed eligible for the employment opportunity. | 10 | | (h) The following officers, members, or State employees | 11 | | shall not, within a period of one year immediately after | 12 | | termination of office or State employment, knowingly accept | 13 | | employment or receive compensation or fees for services from a | 14 | | person or entity if the person or entity or its parent or | 15 | | subsidiary, during the year immediately preceding termination | 16 | | of State employment, was a party to a State contract or | 17 | | contracts with a cumulative value of $25,000 or more involving | 18 | | the officer, member, or State employee's State agency, or was | 19 | | the subject of a regulatory or licensing decision involving | 20 | | the officer, member, or State employee's State agency, | 21 | | regardless of whether he or she participated personally and | 22 | | substantially in the award of the State contract or contracts | 23 | | or the making of the regulatory or licensing decision in | 24 | | question: | 25 | | (1) members or officers; | 26 | | (2) members of a commission or board created by the |
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| 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 | 16 | | leaving office or within a period of one year after the end of | 17 | | the term of office to which the member was elected, whichever | 18 | | is longer, engage in lobbying with members of the General | 19 | | Assembly, if the member accepts compensation specifically | 20 | | attributable 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 | 23 | | officers or employees of a regional transit board, as defined | 24 | | in this Act, the phrase "person or entity" does not include: | 25 | | (i) the United States government, (ii) the State, (iii) | 26 | | municipalities, as defined under Article VII, Section 1 of the |
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| 1 | | Illinois Constitution, (iv) units of local government, as | 2 | | defined under Article VII, Section 1 of the Illinois | 3 | | Constitution, 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
| 9 | | commissioners appointed 2 each by the
President and Minority | 10 | | Leader of the Senate and the Speaker and Minority Leader
of the | 11 | | House of Representatives.
| 12 | | The terms of the initial commissioners shall commence upon | 13 | | qualification.
Each appointing authority shall designate one | 14 | | appointee who
shall serve for a 2-year term running through
| 15 | | June 30, 2005.
Each appointing authority shall designate one | 16 | | appointee who
shall serve for a
4-year term running through | 17 | | June 30, 2007.
The initial appointments shall be made within | 18 | | 60 days
after the effective date of this Act.
| 19 | | After the initial terms, commissioners shall serve for | 20 | | 4-year terms
commencing on July 1 of the year of appointment | 21 | | and running
through June 30 of the fourth following year. | 22 | | Commissioners may be
reappointed to one or more subsequent | 23 | | terms.
| 24 | | Vacancies occurring other than at the end of a term shall | 25 | | be filled
by the appointing authority only for the balance of |
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| 1 | | the
term of the commissioner whose office is vacant.
| 2 | | Terms shall run regardless of whether the position is | 3 | | filled.
| 4 | | (c) The appointing authorities shall appoint commissioners | 5 | | from the general public who have experience holding | 6 | | governmental office or employment. A person is not eligible to | 7 | | serve as a commissioner if that person (i) has been convicted | 8 | | of a felony or a crime of dishonesty or moral turpitude; (ii) | 9 | | is, or was within the preceding 10 years, engaged in | 10 | | activities that require registration under the Lobbyist | 11 | | Registration Act; (iii) is related to the appointing | 12 | | authority; (iv) is or has been within the preceding 10 years a | 13 | | State officer, a State employee, or an employee or member of | 14 | | the General Assembly; or (v) holds a partisan elected or | 15 | | political party office, or is otherwise an officer or employee | 16 | | of a political committee or political campaign. The appointing | 17 | | authorities shall appoint commissioners who
have experience | 18 | | holding governmental office or employment and may
appoint | 19 | | commissioners who are members of the General Assembly as well | 20 | | as
commissioners from the general public.
A commissioner who | 21 | | is a member of the General Assembly must recuse himself or
| 22 | | herself from participating in any matter relating to any | 23 | | investigation or
proceeding in which he or she is the subject | 24 | | or is a complainant.
A person is not eligible to
serve as a | 25 | | commissioner if that person (i) has been convicted of a
felony | 26 | | or a crime of dishonesty or moral turpitude, (ii) is, or was
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| 1 | | within the preceding 12 months, engaged in activities that
| 2 | | require registration under the Lobbyist Registration Act, | 3 | | (iii) is a
relative of the appointing authority, (iv) is a | 4 | | State officer or employee
other than a member of the General | 5 | | Assembly, or (v) is a candidate for statewide office, federal | 6 | | office, or judicial office.
| 7 | | (c-5) If a commissioner is required to recuse himself or | 8 | | herself from participating in a matter as provided in | 9 | | subsection (c), the recusal shall create a temporary vacancy | 10 | | for the limited purpose of consideration of the matter for | 11 | | which the commissioner recused himself or herself, and the | 12 | | appointing authority for the recusing commissioner shall make | 13 | | a temporary appointment to fill the vacancy for consideration | 14 | | of the matter for which the commissioner recused himself or | 15 | | herself. | 16 | | (d) The Legislative Ethics Commission shall have
| 17 | | jurisdiction over current and former members of the General | 18 | | Assembly regarding events occurring during a member's term of | 19 | | office and
current and former State
employees regarding events | 20 | | occurring during any period of employment where the State | 21 | | employee's ultimate jurisdictional authority is
(i) a | 22 | | legislative leader, (ii) the Senate Operations Commission, or | 23 | | (iii) the
Joint Committee on Legislative Support Services. The | 24 | | Legislative Ethics Commission shall have jurisdiction over | 25 | | complainants and respondents in violation of subsection (d) of | 26 | | Section 25-90. The jurisdiction of the
Commission is limited |
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| 1 | | to matters arising under this Act and the Illinois | 2 | | Governmental Ethics Act .
| 3 | | An officer or executive branch State employee serving on a | 4 | | legislative branch board or commission remains subject to the | 5 | | jurisdiction of the Executive Ethics Commission and is not | 6 | | subject to the jurisdiction of the Legislative Ethics | 7 | | Commission. | 8 | | (e) The Legislative Ethics Commission must meet, either
in | 9 | | person or by other technological means, monthly or as
often as | 10 | | necessary. At the first meeting of the Legislative
Ethics | 11 | | Commission, the commissioners shall choose from their
number a | 12 | | chairperson and other officers that they deem appropriate.
The | 13 | | terms of officers shall be for 2 years commencing July 1 and
| 14 | | running through June 30 of the second following year. Meetings | 15 | | shall be held at
the call
of the chairperson or any 3 | 16 | | commissioners. Official action by the
Commission shall require | 17 | | the affirmative vote of 5 commissioners, and
a quorum shall | 18 | | consist of 5 commissioners. Commissioners shall receive
no | 19 | | compensation but
may be
reimbursed for their reasonable | 20 | | expenses actually incurred in the
performance of their duties.
| 21 | | (f) No commissioner , other than a commissioner who is a | 22 | | member of the
General
Assembly, or employee of the Legislative
| 23 | | Ethics Commission may during his or her term of appointment or | 24 | | employment:
| 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 | 11 | | Assembly may be a candidate for statewide office, federal | 12 | | office, or judicial office. If a commissioner who is a member | 13 | | of the General Assembly files petitions to be a candidate for a | 14 | | statewide office, federal office, or judicial office, he or | 15 | | she shall be deemed to have resigned from his or her position | 16 | | as a commissioner on the date his or her name is certified for | 17 | | the ballot by the State Board of Elections or local election | 18 | | authority and his or her position as a commissioner shall be | 19 | | deemed vacant. Such person may not be reappointed to the | 20 | | Commission during any time he or she is a candidate for | 21 | | statewide office, federal office, or judicial office. | 22 | | (g) An appointing authority may remove a
commissioner only | 23 | | for cause.
| 24 | | (h) The Legislative Ethics Commission shall appoint an
| 25 | | Executive Director subject to the approval of at least 3 of the | 26 | | 4 legislative leaders. The compensation of the Executive |
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| 1 | | Director shall
be as determined by the Commission. The | 2 | | Executive Director of the Legislative
Ethics Commission may | 3 | | employ, subject to the approval of at least 3 of the 4 | 4 | | legislative leaders, and determine the
compensation of staff, | 5 | | as appropriations permit.
| 6 | | (i) In consultation with the Legislative Inspector | 7 | | General, the Legislative Ethics Commission may develop | 8 | | comprehensive training for members and employees under its | 9 | | jurisdiction that includes, but is not limited to, sexual | 10 | | harassment, employment discrimination, and workplace civility. | 11 | | The training may be recommended to the ultimate jurisdictional | 12 | | authorities and may be approved by the Commission to satisfy | 13 | | the sexual harassment training required under Section 5-10.5 | 14 | | or be provided in addition to the annual sexual harassment | 15 | | training required under Section 5-10.5. The Commission may | 16 | | seek input from governmental agencies or private entities for | 17 | | guidance in developing such training. | 18 | | (Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; | 19 | | 101-221, 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 | 23 | | General is created.
The Office shall be under the direction | 24 | | and supervision of the
Legislative Inspector General and shall | 25 | | be a fully independent office with its
own appropriation.
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| 1 | | (b) The Legislative Inspector General shall be appointed | 2 | | without regard to
political
affiliation and solely on the | 3 | | basis of integrity and
demonstrated ability.
The Legislative | 4 | | Ethics
Commission shall diligently search out qualified | 5 | | candidates for Legislative
Inspector General
and shall make | 6 | | recommendations to the General Assembly. The Legislative | 7 | | Inspector General may serve in a full-time, part-time, or | 8 | | contractual capacity.
| 9 | | The Legislative Inspector General shall be appointed by a | 10 | | joint resolution of
the
Senate and the House of | 11 | | Representatives, which may specify the date on
which the | 12 | | appointment takes effect.
A joint resolution, or other | 13 | | document as may be specified by the
Joint Rules of the General | 14 | | Assembly, appointing the Legislative Inspector
General must be | 15 | | certified by
the Speaker
of the House of Representatives and | 16 | | the President of the Senate as having been
adopted by the
| 17 | | affirmative vote of three-fifths of the members elected to | 18 | | each house,
respectively,
and be filed with the Secretary of | 19 | | State.
The appointment of the Legislative Inspector General | 20 | | takes effect on the day
the
appointment is completed by the | 21 | | General Assembly, unless the appointment
specifies a later | 22 | | date on which it is to become effective.
| 23 | | The Legislative Inspector General shall have the following | 24 | | qualifications:
| 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 | 12 | | a commissioner.
| 13 | | The term of the initial Legislative Inspector General | 14 | | shall
commence upon qualification and shall run through June | 15 | | 30, 2008.
| 16 | | After the initial term, the Legislative Inspector General | 17 | | shall serve
for 5-year terms commencing on July 1 of the year | 18 | | of appointment
and running through June 30 of the fifth | 19 | | following year. The
Legislative Inspector General may be | 20 | | reappointed to one or more
subsequent terms. Terms shall run | 21 | | regardless of whether the position is filled.
| 22 | | (b-5) A vacancy occurring other than at the end of a term | 23 | | shall be filled in the
same manner as an appointment only for | 24 | | the balance of the term of the
Legislative
Inspector General | 25 | | whose office is vacant. Within 7 days of the Office becoming | 26 | | vacant or receipt of a Legislative Inspector General's |
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| 1 | | prospective resignation, the vacancy shall be publicly posted | 2 | | on the Commission's website, along with a description of the | 3 | | requirements for the position and where applicants may apply. | 4 | | Within 45 days of the vacancy, the Commission shall | 5 | | designate an Acting Legislative Inspector General who shall | 6 | | serve until the vacancy is filled. The Commission shall file | 7 | | the designation in writing with the Secretary of State. | 8 | | Within 60 days prior to the end of the term of the | 9 | | Legislative Inspector General or within 30 days of the | 10 | | occurrence of a vacancy in the Office of the Legislative | 11 | | Inspector General, the Legislative Ethics Commission shall | 12 | | establish a four-member search committee within the Commission | 13 | | for the purpose of conducting a search for qualified | 14 | | candidates to serve as Legislative Inspector General. The | 15 | | Speaker of the House of Representatives, Minority Leader of | 16 | | the House, Senate President, and Minority Leader of the Senate | 17 | | shall each appoint one member to the search committee. A | 18 | | member of the search committee shall be either a retired judge | 19 | | or former prosecutor and may not be a member or employee of the | 20 | | General Assembly or a registered lobbyist. If the Legislative | 21 | | Ethics Commission wishes to recommend that the Legislative | 22 | | Inspector General be re-appointed, a search committee does not | 23 | | need to be appointed. | 24 | | The search committee shall conduct a search for qualified | 25 | | candidates, accept applications, and conduct interviews. The | 26 | | search committee shall recommend up to 3 candidates for |
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| 1 | | Legislative Inspector General to the Legislative Ethics | 2 | | Commission. The search committee shall be disbanded upon an | 3 | | appointment of the Legislative Inspector General. Members of | 4 | | the search committee are not entitled to compensation but | 5 | | shall be entitled to reimbursement of reasonable expenses | 6 | | incurred in connection with the performance of their duties. | 7 | | Within 30 days after June 8, 2018 ( the effective date of | 8 | | Public Act 100-588) this amendatory Act of the 100th General | 9 | | Assembly , the Legislative Ethics Commission shall create a | 10 | | search committee in the manner provided for in this subsection | 11 | | to recommend up to 3 candidates for Legislative Inspector | 12 | | General to the Legislative Ethics Commission by October 31, | 13 | | 2018. | 14 | | If a vacancy exists and the Commission has not appointed | 15 | | an Acting Legislative Inspector General, either the staff of | 16 | | the Office of the Legislative Inspector General, or if there | 17 | | is no staff, the Executive Director, shall advise the | 18 | | Commission of all open investigations and any new allegations | 19 | | or complaints received in the Office of the Inspector General. | 20 | | These reports shall not include the name of any person | 21 | | identified in the allegation or complaint, including, but not | 22 | | limited to, the subject of and the person filing the | 23 | | allegation or complaint. Notification shall be made to the | 24 | | Commission on a weekly basis unless the Commission approves of | 25 | | a different reporting schedule.
| 26 | | If the Office of the Inspector General is vacant for 6 |
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| 1 | | months or more beginning on or after January 1, 2019, and the | 2 | | Legislative Ethics Commission has not appointed an Acting | 3 | | Legislative Inspector General, all complaints made to the | 4 | | Legislative Inspector General or the Legislative Ethics | 5 | | Commission shall be directed to the Inspector General for the | 6 | | Auditor General, and he or she shall have the authority to act | 7 | | as provided in subsection (c) of this Section and Section | 8 | | 25-20 of this Act, and shall be subject to all laws and rules | 9 | | governing a Legislative Inspector General or Acting | 10 | | Legislative Inspector General. The authority for the Inspector | 11 | | General of the Auditor General under this paragraph shall | 12 | | terminate upon appointment of a Legislative Inspector General | 13 | | or an Acting Legislative Inspector General.
| 14 | | (c) The Legislative Inspector General
shall have | 15 | | jurisdiction over the current and former members of the | 16 | | General Assembly regarding events occurring during a member's | 17 | | term of office and
current and former State employees | 18 | | regarding events occurring during any period of employment | 19 | | where the State employee's ultimate jurisdictional authority | 20 | | is
(i) a legislative leader, (ii) the Senate Operations | 21 | | Commission, or (iii) the
Joint Committee on Legislative | 22 | | Support Services.
| 23 | | The jurisdiction of each Legislative Inspector General is | 24 | | to investigate
allegations of fraud, waste, abuse, | 25 | | mismanagement, misconduct, nonfeasance,
misfeasance, or
| 26 | | malfeasance related to government service or employment , or |
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| 1 | | violations of this Act or violations of other related
laws and | 2 | | rules regarding events that are related to a person's | 3 | | government service or employment .
| 4 | | The Legislative Inspector General shall have jurisdiction | 5 | | over complainants in violation of subsection (e) of Section | 6 | | 25-63 of this Act. | 7 | | (d) The compensation of the Legislative Inspector General | 8 | | shall
be the greater of an amount (i) determined (i) by the | 9 | | Commission or (ii) by joint
resolution of the General Assembly | 10 | | passed by a majority of members elected in
each chamber.
| 11 | | Subject to Section 25-45 of this Act, the Legislative | 12 | | Inspector General has
full
authority to organize the Office of | 13 | | the Legislative Inspector General,
including the employment | 14 | | and determination of the compensation of
staff, such as | 15 | | deputies, assistants, and other employees, as
appropriations | 16 | | permit. Employment of staff is subject to the approval of at | 17 | | least 3 of the 4 legislative leaders.
| 18 | | (e) No Legislative Inspector General or employee of the | 19 | | Office of
the Legislative Inspector General may, during his or | 20 | | her 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 |
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| 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 | 5 | | in the practice of law or any other business, employment, or | 6 | | vocation. | 7 | | In this subsection an appointed public office means a | 8 | | position authorized by
law that is filled by an appointing | 9 | | authority as provided by law and does not
include employment | 10 | | by hiring in the ordinary course of business.
| 11 | | (e-1) No Legislative Inspector General or employee of the | 12 | | Office of the
Legislative Inspector General may, for one year | 13 | | after 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 | 19 | | be waived by the
Legislative Ethics Commission.
| 20 | | (f) The Commission may remove the Legislative Inspector | 21 | | General only for
cause. At the time of the removal, the | 22 | | Commission must report to the General
Assembly the | 23 | | justification for the removal.
| 24 | | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; | 25 | | revised 9-12-19.) |
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| 1 | | (5 ILCS 430/25-15)
| 2 | | Sec. 25-15. Duties of the Legislative Ethics Commission. | 3 | | In addition to
duties otherwise assigned by law, the | 4 | | Legislative 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. | 16 | | In addition to duties otherwise assigned by law,
the | 17 | | Legislative 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 | 18 | | Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5 | 19 | | as follows:
| 20 | | (10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
| 21 | | Sec. 1A-14. Political activity by the State Board of | 22 | | Elections. | 23 | | (a) No member of the State Board of Elections may become a | 24 | | candidate
for nomination for, or election to,
or accept |
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| 1 | | appointment to or hold any other remunerative public office or | 2 | | public
employment or any office in a political party. | 3 | | (b) No member of the State Board of Elections shall: (1) | 4 | | contribute, either financially or in services or goods or any | 5 | | other way, to any political committee; (2) serve as an officer | 6 | | of any political committee; or (3) be a candidate who is | 7 | | designated as the candidate to be supported by a candidate | 8 | | political committee. A member of the State Board of Elections | 9 | | who is either an officer of a political committee or a | 10 | | candidate who is designated as the candidate to be supported | 11 | | by a candidate political committee shall within 30 days after | 12 | | confirmation by the Senate: (i) resign as an officer of the | 13 | | political committee; (ii) have his or her name removed as the | 14 | | candidate to be supported by a political committee; (iii) | 15 | | notify the Board of the member's intent to convert the | 16 | | political committee to a limited activity committee under | 17 | | Section 9-1.8, and complete the transition to a limited | 18 | | activity committee within 60 days after confirmation; or (iv) | 19 | | dissolve the committee. A member of the State Board of | 20 | | Elections who is in violation of this subsection (b) on the | 21 | | effective date of this amendatory Act of the 102nd General | 22 | | Assembly must come into compliance within 30 days after the | 23 | | effective date of this amendatory Act of the 102nd General | 24 | | Assembly. As used in this Section, "political committee" | 25 | | includes both the meaning provided in Section 9-1.8 of this | 26 | | Code and the meaning provided in 52 U.S.C. 30101. |
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| 1 | | (c) Violation of any prohibition
in this Section shall | 2 | | disqualify a member of the Board and a
vacancy is thereby | 3 | | created. A vacancy also exists upon the occurrence of
any of | 4 | | the events enumerated in Section 25-2 of this Act as in the | 5 | | case
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 | 10 | | committee, a political party committee, a political action | 11 | | committee, a ballot initiative committee, and an independent | 12 | | expenditure committee. | 13 | | (b) "Candidate political committee" means the candidate | 14 | | himself or herself or any natural person, trust, partnership, | 15 | | corporation, or other organization or group of persons | 16 | | designated by the candidate that accepts contributions or | 17 | | makes expenditures during any 12-month period in an aggregate | 18 | | amount exceeding $5,000 on behalf of the candidate. | 19 | | (c) "Political party committee" means the State central | 20 | | committee of a political party, a county central committee of | 21 | | a political party, a legislative caucus committee, or a | 22 | | committee formed by a ward or township committeeperson of a | 23 | | political party. For purposes of this Article, a "legislative | 24 | | caucus committee" means a committee established for the | 25 | | purpose of electing candidates to the General Assembly by the |
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| 1 | | person elected President of the Senate, Minority Leader of the | 2 | | Senate, Speaker of the House of Representatives, Minority | 3 | | Leader of the House of Representatives, or a committee | 4 | | established by 5 or more members of the same caucus of the | 5 | | Senate or 10 or more members of the same caucus of the House of | 6 | | Representatives. | 7 | | (d) "Political action committee" means any natural person, | 8 | | trust, partnership, committee, association, corporation, or | 9 | | other organization or group of persons, other than a | 10 | | candidate, political party, candidate political committee, or | 11 | | political party committee, that accepts contributions or makes | 12 | | expenditures during any 12-month period in an aggregate amount | 13 | | exceeding $5,000 on behalf of or in opposition to a candidate | 14 | | or candidates for public office. "Political action committee" | 15 | | includes any natural person, trust, partnership, committee, | 16 | | association, corporation, or other organization or group of | 17 | | persons, other than a candidate, political party, candidate | 18 | | political committee, or political party committee, that makes | 19 | | electioneering communications during any 12-month period in an | 20 | | aggregate amount exceeding $5,000 related to any candidate or | 21 | | candidates for public office. | 22 | | (e) "Ballot initiative committee" means any natural | 23 | | person, trust, partnership, committee, association, | 24 | | corporation, or other organization or group of persons that | 25 | | accepts contributions or makes expenditures during any | 26 | | 12-month period in an aggregate amount exceeding $5,000 in |
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| 1 | | support of or in opposition to any question of public policy to | 2 | | be submitted to the electors. "Ballot initiative committee" | 3 | | includes any natural person, trust, partnership, committee, | 4 | | association, corporation, or other organization or group of | 5 | | persons that makes electioneering communications during any | 6 | | 12-month period in an aggregate amount exceeding $5,000 | 7 | | related to any question of public policy to be submitted to the | 8 | | voters. The $5,000 threshold applies to any contributions or | 9 | | expenditures received or made with the purpose of securing a | 10 | | place on the ballot for, advocating the defeat or passage of, | 11 | | or engaging in electioneering communication regarding the | 12 | | question of public policy, regardless of the method of | 13 | | initiation of the question of public policy and regardless of | 14 | | whether petitions have been circulated or filed with the | 15 | | appropriate office or whether the question has been adopted | 16 | | and certified by the governing body. | 17 | | (f) "Independent expenditure committee" means any trust, | 18 | | partnership, committee, association, corporation, or other | 19 | | organization or group of persons formed for the exclusive
| 20 | | purpose of making independent expenditures during any 12-month | 21 | | period in an aggregate amount exceeding $5,000 in support of | 22 | | or in opposition to (i) the nomination for election, election, | 23 | | retention, or defeat of any public official or candidate or | 24 | | (ii) any question of public policy to be submitted to the | 25 | | electors. "Independent expenditure committee" also includes | 26 | | any trust, partnership, committee, association, corporation, |
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| 1 | | or other organization or group of persons that makes | 2 | | electioneering communications that are not made in connection, | 3 | | consultation, or concert with or at the request or suggestion | 4 | | of a public official or candidate, a public official's or | 5 | | candidate's designated political committee or campaign, or an | 6 | | agent or agents of the public official, candidate, or | 7 | | political committee or campaign during any 12-month period in | 8 | | an aggregate amount exceeding $5,000 related to (i) the | 9 | | nomination for election, election, retention, or defeat of any | 10 | | public official or candidate or (ii) any question of public | 11 | | policy to be submitted to the voters. | 12 | | (g) "Limited activity committee" means a political | 13 | | committee for which a person who is nominated to a position | 14 | | that is subject to confirmation by the Senate, including a | 15 | | member of the State Board of Elections, or a person registered | 16 | | as a lobbyist under the Lobbyist Registration Act is either an | 17 | | officer or a candidate the committee has designated to | 18 | | support.
| 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 | 23 | | Lobbyist Registration Act or who is nominated to a position | 24 | | that is subject to confirmation by the Senate shall not: (1) | 25 | | serve as an officer of a candidate political committee that is |
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| 1 | | designated to support or oppose that person as a candidate; or | 2 | | (2) be a candidate who is designated as the candidate to be | 3 | | supported by a candidate political committee. | 4 | | (b) Within 30 days after registering as a lobbyist under | 5 | | the Lobbyist Registration Act or after confirmation by the | 6 | | Senate, the person shall: (1) dissolve the candidate political | 7 | | committee; (2) resign as an officer of the candidate political | 8 | | committee; (3) have his or her name removed as the candidate to | 9 | | be supported by the candidate political committee; or (iv) | 10 | | notify the Board of the person's intent to convert the | 11 | | candidate political committee to a limited activity candidate | 12 | | political 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 | 16 | | contributions except as provided in this Section. | 17 | | (b) During an election cycle, a candidate political | 18 | | committee may not accept contributions with an aggregate value | 19 | | over the following: (i) $5,000 from any individual, (ii) | 20 | | $10,000 from any corporation, labor organization, or | 21 | | association, or (iii) $50,000 from a candidate political | 22 | | committee or political action committee. A candidate political | 23 | | committee may accept contributions in any amount from a | 24 | | political party committee except during an election cycle in | 25 | | which the candidate seeks nomination at a primary election. |
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| 1 | | During an election cycle in which the candidate seeks | 2 | | nomination at a primary election, a candidate political | 3 | | committee may not accept contributions from political party | 4 | | committees with an aggregate value over the following: (i) | 5 | | $200,000 for a candidate political committee established to | 6 | | support a candidate seeking nomination to statewide office, | 7 | | (ii) $125,000 for a candidate political committee established | 8 | | to support a candidate seeking nomination to the Senate, the | 9 | | Supreme Court or Appellate Court in the First Judicial | 10 | | District, or an office elected by all voters in a county with | 11 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 12 | | political committee established to support a candidate seeking | 13 | | nomination to the House of Representatives, the Supreme Court | 14 | | or Appellate Court for a Judicial District other than the | 15 | | First Judicial District, an office elected by all voters of a | 16 | | county of fewer than 1,000,000 residents, and municipal and | 17 | | county offices in Cook County other than those elected by all | 18 | | voters of Cook County, and (iv) $50,000 for a candidate | 19 | | political committee established to support the nomination of a | 20 | | candidate to any other office.
A candidate political committee | 21 | | established to elect a candidate to the General Assembly may | 22 | | accept contributions from only one legislative caucus | 23 | | committee. A candidate political committee may not accept | 24 | | contributions from a ballot initiative committee or from an
| 25 | | independent expenditure committee. | 26 | | (c) During an election cycle, a political party committee |
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| 1 | | may not accept contributions with an aggregate value over the | 2 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 3 | | any corporation, labor organization, or association, or (iii) | 4 | | $50,000 from a political action committee. A political party | 5 | | committee may accept contributions in any amount from another | 6 | | political party committee or a candidate political committee, | 7 | | except as provided in subsection (c-5). Nothing in this | 8 | | Section shall limit the amounts that may be transferred | 9 | | between a political party committee established under | 10 | | subsection (a) of Section 7-8 of this Code and an affiliated | 11 | | federal political committee established under the Federal | 12 | | Election Code by the same political party. A political party | 13 | | committee may not accept contributions from a ballot | 14 | | initiative committee or from an
independent expenditure | 15 | | committee. A political party committee established by a | 16 | | legislative caucus may not accept contributions from another | 17 | | political party committee established by a legislative caucus. | 18 | | (c-5) During the period beginning on the date candidates | 19 | | may begin circulating petitions for a primary election and | 20 | | ending on the day of the primary election, a political party | 21 | | committee may not accept contributions with an aggregate value | 22 | | over $50,000 from a candidate political committee or political | 23 | | party committee. A political party committee may accept | 24 | | contributions in any amount from a candidate political | 25 | | committee or political party committee if the political party | 26 | | committee receiving the contribution filed a statement of |
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| 1 | | nonparticipation in the primary as provided in subsection | 2 | | (c-10). The Task Force on Campaign Finance Reform shall study | 3 | | and make recommendations on the provisions of this subsection | 4 | | to the Governor and General Assembly by September 30, 2012. | 5 | | This subsection becomes inoperative on July 1, 2013 and | 6 | | thereafter no longer applies. | 7 | | (c-10) A political party committee that does not intend to | 8 | | make contributions to candidates to be nominated at a general | 9 | | primary election or consolidated primary election may file a | 10 | | Statement of Nonparticipation in a Primary Election with the | 11 | | Board. The Statement of Nonparticipation shall include a | 12 | | verification signed by the chairperson and treasurer of the | 13 | | committee that (i) the committee will not make contributions | 14 | | or coordinated expenditures in support of or opposition to a | 15 | | candidate or candidates to be nominated at the general primary | 16 | | election or consolidated primary election (select one) to be | 17 | | held on (insert date), (ii) the political party committee may | 18 | | accept unlimited contributions from candidate political | 19 | | committees and political party committees, provided that the | 20 | | political party committee does not make contributions to a | 21 | | candidate or candidates to be nominated at the primary | 22 | | election, and (iii) failure to abide by these requirements | 23 | | shall deem the political party committee in violation of this | 24 | | Article and subject the committee to a fine of no more than | 25 | | 150% of the total contributions or coordinated expenditures | 26 | | made by the committee in violation of this Article. This |
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| 1 | | subsection becomes inoperative on July 1, 2013 and thereafter | 2 | | no longer applies. | 3 | | (d) During an election cycle, a political action committee | 4 | | may not accept contributions with an aggregate value over the | 5 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 6 | | any corporation, labor organization, political party | 7 | | committee, or association, or (iii) $50,000 from a political | 8 | | action committee or candidate political committee. A political | 9 | | action committee may not accept contributions from a ballot | 10 | | initiative committee or from an
independent expenditure | 11 | | committee. | 12 | | (e) A ballot initiative committee may accept contributions | 13 | | in any amount from any source, provided that the committee | 14 | | files the document required by Section 9-3 of this Article and | 15 | | files the disclosure reports required by the provisions of | 16 | | this Article. | 17 | | (e-5) An independent expenditure committee may accept | 18 | | contributions in any amount from any source, provided that the | 19 | | committee files the document required by Section 9-3 of this | 20 | | Article and files the disclosure reports required by the | 21 | | provisions of this Article. | 22 | | (e-10) A limited activity committee shall not accept | 23 | | contributions, except that the officer or a candidate the | 24 | | committee has designated to support may contribute personal | 25 | | funds in order to pay for maintenance expenses. A limited | 26 | | activity committee may only make expenditures that are: (1) |
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| 1 | | necessary for maintenance of the committee; (2) for rent or | 2 | | lease payments until the end of the lease in effect at the time | 3 | | the officer or candidate is confirmed by the Senate or | 4 | | registered as a lobbyist under the Lobbyist Registration Act; | 5 | | (3) contributions to 501(c)(3) charities; or (4) returning | 6 | | contributions to original contributors. | 7 | | (f) Nothing in this Section shall prohibit a political | 8 | | committee from dividing the proceeds of joint fundraising | 9 | | efforts; provided that no political committee may receive more | 10 | | than the limit from any one contributor, and provided that an | 11 | | independent
expenditure committee may not conduct joint | 12 | | fundraising efforts with a
candidate political committee or a | 13 | | political party committee. | 14 | | (g) On January 1 of each odd-numbered year, the State | 15 | | Board of Elections shall adjust the amounts of the | 16 | | contribution limitations established in this Section for | 17 | | inflation as determined by the Consumer Price Index for All | 18 | | Urban Consumers as issued by the United States Department of | 19 | | Labor and rounded to the nearest $100. The State Board shall | 20 | | publish this information on its official website. | 21 | | (h) Self-funding candidates. If a public official, a | 22 | | candidate, or the public official's or candidate's immediate | 23 | | family contributes or loans to the public official's or | 24 | | candidate's political committee or to other political | 25 | | committees that transfer funds to the public official's or | 26 | | candidate's political committee or makes independent |
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| 1 | | expenditures for the benefit of the public official's or | 2 | | candidate's campaign during the 12 months prior to an election | 3 | | in an aggregate amount of more than (i) $250,000 for statewide | 4 | | office or (ii) $100,000 for all other elective offices, then | 5 | | the public official or candidate shall file with the State | 6 | | Board of Elections, within one day, a Notification of | 7 | | Self-funding that shall detail each contribution or loan made | 8 | | by the public official, the candidate, or the public | 9 | | official's or candidate's immediate family. Within 2 business | 10 | | days after the filing of a Notification of Self-funding, the | 11 | | notification shall be posted on the Board's website and the | 12 | | Board shall give official notice of the filing to each | 13 | | candidate for the same office as the public official or | 14 | | candidate making the filing, including the public official or | 15 | | candidate filing the Notification of Self-funding. Notice | 16 | | shall be sent via first class mail to the candidate and the | 17 | | treasurer of the candidate's committee. Notice shall also be | 18 | | sent by e-mail to the candidate and the treasurer of the | 19 | | candidate's committee if the candidate and the treasurer, as | 20 | | applicable, have provided the Board with an e-mail address. | 21 | | Upon posting of the notice on the Board's website, all | 22 | | candidates for that office, including the public official or | 23 | | candidate who filed a Notification of Self-funding, shall be | 24 | | permitted to accept contributions in excess of any | 25 | | contribution limits imposed by subsection (b). If a public | 26 | | official or candidate filed a Notification of Self-funding |
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| 1 | | during an election cycle that includes a general primary | 2 | | election or consolidated primary election and that public | 3 | | official or candidate is nominated, all candidates for that | 4 | | office, including the nominee who filed the notification of | 5 | | self-funding, shall be permitted to accept contributions in | 6 | | excess of any contribution limit imposed by subsection (b) for | 7 | | the subsequent election cycle. For the purposes of this | 8 | | subsection, "immediate family" means the spouse, parent, or | 9 | | child of a public official or candidate. | 10 | | (h-5) If a natural person or independent expenditure | 11 | | committee makes independent expenditures in support of or in | 12 | | opposition to the campaign of a particular public official or | 13 | | candidate in an aggregate amount of more than (i) $250,000 for | 14 | | statewide office or (ii) $100,000 for all other elective | 15 | | offices in an election cycle, as reported in a written | 16 | | disclosure filed under subsection (a) of Section 9-8.6 or | 17 | | subsection (e-5) of Section 9-10, then the State Board of | 18 | | Elections shall, within 2 business days after the filing of | 19 | | the disclosure, post the disclosure on the Board's website and | 20 | | give official notice of the disclosure to each candidate for | 21 | | the same office as the public official or candidate for whose | 22 | | benefit or detriment the natural person or independent | 23 | | expenditure committee made independent expenditures. Upon | 24 | | posting of the notice on the Board's website, all candidates | 25 | | for that office in that election, including the public | 26 | | official or candidate for whose benefit or detriment the |
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| 1 | | natural person or independent expenditure committee made | 2 | | independent expenditures, shall be permitted to accept | 3 | | contributions in excess of any contribution limits imposed by | 4 | | subsection (b). | 5 | | (h-10) If the State Board of Elections receives | 6 | | notification or determines that a natural person or persons, | 7 | | an independent expenditure committee or committees, or | 8 | | combination thereof has made independent expenditures in | 9 | | support of or in opposition to the campaign of a particular | 10 | | public official or candidate in an aggregate amount of more | 11 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 12 | | all other elective offices in an election cycle, then the | 13 | | Board shall, within 2 business days after discovering the | 14 | | independent expenditures that, in the aggregate, exceed the | 15 | | threshold set forth in (i) and (ii) of this subsection, post | 16 | | notice of this fact on the Board's website and give official | 17 | | notice to each candidate for the same office as the public | 18 | | official or candidate for whose benefit or detriment the | 19 | | independent expenditures were made. Notice shall be sent via | 20 | | first class mail to the candidate and the treasurer of the | 21 | | candidate's committee. Notice shall also be sent by e-mail to | 22 | | the candidate and the treasurer of the candidate's committee | 23 | | if the candidate and the treasurer, as applicable, have | 24 | | provided the Board with an e-mail address. Upon posting of the | 25 | | notice on the Board's website, all candidates of that office | 26 | | in that election, including the public official or candidate |
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| 1 | | for whose benefit or detriment the independent expenditures | 2 | | were made, may accept contributions in excess of any | 3 | | contribution limits imposed by subsection (b). | 4 | | (i) For the purposes of this Section, a corporation, labor | 5 | | organization, association, or a political action committee | 6 | | established by a corporation, labor organization, or | 7 | | association may act as a conduit in facilitating the delivery | 8 | | to a political action committee of contributions made through | 9 | | dues, levies, or similar assessments and the political action | 10 | | committee may report the contributions in the aggregate, | 11 | | provided that: (i) contributions made through dues, levies, or | 12 | | similar assessments paid by any natural person, corporation, | 13 | | labor organization, or association in a calendar year may not | 14 | | exceed the limits set forth in this Section; (ii) the | 15 | | corporation, labor organization, association, or a political | 16 | | action committee established by a corporation, labor | 17 | | organization, or association facilitating the delivery of | 18 | | contributions maintains a list of natural persons, | 19 | | corporations, labor organizations, and associations that paid | 20 | | the dues, levies, or similar assessments from which the | 21 | | contributions comprising the aggregate amount derive; and | 22 | | (iii) contributions made through dues, levies, or similar | 23 | | assessments paid by any natural person, corporation, labor | 24 | | organization, or association that exceed $500 in a quarterly | 25 | | reporting period shall be itemized on the committee's | 26 | | quarterly report and may not be reported in the aggregate. A |
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| 1 | | political action committee facilitating the delivery of | 2 | | contributions or receiving contributions shall disclose the | 3 | | amount of contributions made through dues delivered or | 4 | | received and the name of the corporation, labor organization, | 5 | | association, or political action committee delivering the | 6 | | contributions, if applicable. On January 1 of each | 7 | | odd-numbered year, the State Board of Elections shall adjust | 8 | | the amounts of the contribution limitations established in | 9 | | this subsection for inflation as determined by the Consumer | 10 | | Price Index for All Urban Consumers as issued by the United | 11 | | States Department of Labor and rounded to the nearest $100. | 12 | | The State Board shall publish this information on its official | 13 | | website. | 14 | | (j) A political committee that receives a contribution or | 15 | | transfer in violation of this Section shall dispose of the | 16 | | contribution or transfer by returning the contribution or | 17 | | transfer, or an amount equal to the contribution or transfer, | 18 | | to the contributor or transferor or donating the contribution | 19 | | or transfer, or an amount equal to the contribution or | 20 | | transfer, to a charity. A contribution or transfer received in | 21 | | violation of this Section that is not disposed of as provided | 22 | | in this subsection within 30 days after the Board sends | 23 | | notification to the political committee of the excess | 24 | | contribution by certified mail shall escheat to the General | 25 | | Revenue Fund and the political committee shall be deemed in | 26 | | violation of this Section and subject to a civil penalty not to |
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| 1 | | exceed 150% of the total amount of the contribution. | 2 | | (k) For the purposes of this Section, "statewide office" | 3 | | means the Governor, Lieutenant Governor, Attorney General, | 4 | | Secretary of State, Comptroller, and Treasurer. | 5 | | (l) This Section is repealed if and when the United States | 6 | | Supreme Court invalidates contribution limits on committees | 7 | | formed to assist candidates, political parties, corporations, | 8 | | associations, or labor organizations established by or | 9 | | pursuant 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 | 12 | | adding Section 11.4 as follows: | 13 | | (25 ILCS 170/11.4 new) | 14 | | Sec. 11.4. Political activity. No person registered under | 15 | | this Act shall: (1) serve as an officer of a political | 16 | | committee; or (2) be a candidate who is designated as the | 17 | | candidate to be supported by a candidate political committee. | 18 | | A person registered under this Act who is either an officer of | 19 | | a political committee or a candidate who is designated as the | 20 | | candidate to be supported by a candidate political committee | 21 | | shall: (i) resign as an officer of the candidate political | 22 | | committee; (ii) have his or her name removed as the candidate | 23 | | to be supported by a candidate political committee within 30 | 24 | | days after confirmation by the Senate; (iii) notify the State |
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| 1 | | Board of Elections of the person's intent to convert the | 2 | | candidate political committee to a limited activity committee | 3 | | pursuant to Section 9-1.8 of the Election Code within 30 days | 4 | | after registering under this Act and complete the transition | 5 | | to a limited activity committee within 60 days after | 6 | | registration; or (iv) dissolve the candidate political | 7 | | committee. A person registered under this Act who is in | 8 | | violation of this Section on the effective date of this | 9 | | amendatory Act of the 102nd General Assembly must come into | 10 | | compliance within 30 days after the effective date of this | 11 | | amendatory Act of the 102nd General Assembly. As used in this | 12 | | Section, "political committee" has the meaning given to that | 13 | | term in Section 9-1.8 of the Election Code in which the person | 14 | | registered under this Act is designated as the candidate to be | 15 | | supported by the candidate political committee under Section | 16 | | 9-2 of the Code. | 17 | | Section 30. The Criminal Code of 2012 is amended by | 18 | | changing 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 | 24 | | Columbia, or the Commonwealth of Puerto Rico, or any territory |
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| 1 | | or possession of the United States, or any political | 2 | | subdivision, or any department, agency, or instrumentality | 3 | | thereof. | 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 | 23 | | illicit enterprises. | 24 | | (c) "Labor organization" includes any organization, labor | 25 | | union, craft union, or any voluntary unincorporated | 26 | | association designed to further the cause of the rights of |
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| 1 | | union labor that is constituted for the purpose, in whole or in | 2 | | part, of collective bargaining or of dealing with employers | 3 | | concerning grievances, terms or conditions of employment, or | 4 | | apprenticeships or applications for apprenticeships, or of | 5 | | other mutual aid or protection in connection with employment, | 6 | | including apprenticeships or applications for apprenticeships. | 7 | | (d) "Operation or management" means directing or carrying | 8 | | out the enterprise's affairs and is limited to any person who | 9 | | knowingly serves as a leader, organizer, operator, manager, | 10 | | director, supervisor, financier, advisor, recruiter, supplier, | 11 | | or enforcer of an enterprise in violation of this Article. | 12 | | (e) "Predicate activity" means any act that is a Class 2 | 13 | | felony or higher and constitutes a violation or violations of | 14 | | any of the following provisions of the laws of the State of | 15 | | Illinois (as amended or revised as of the date the activity | 16 | | occurred or, in the instance of a continuing offense, the date | 17 | | that charges under this Article are filed in a particular | 18 | | matter in the State of Illinois) or any act under the law of | 19 | | another jurisdiction for an offense that could be charged as a | 20 | | Class 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: | 18 | | under the Code of 1961 or the Criminal Code of 2012: Sections | 19 | | 9-1 (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 | 22 | | amended 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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| 1 | | communication. | 2 | | (a) The State's Attorney, or a person
designated in | 3 | | writing or
by law to act for him and to perform his duties | 4 | | during his absence or
disability, may authorize, in writing, | 5 | | an ex parte application to the chief
judge of a court of | 6 | | competent jurisdiction for an order authorizing the
| 7 | | interception of a private communication when no
party has | 8 | | consented to
the interception and (i) the interception may | 9 | | provide evidence of, or may
assist in the apprehension of a | 10 | | person who has committed, is committing or
is about to commit, | 11 | | a violation of Section 8-1(b) (solicitation of murder),
8-1.2 | 12 | | (solicitation of murder for hire), 9-1 (first degree murder), | 13 | | 10-9 (involuntary servitude, involuntary sexual servitude of a | 14 | | minor, or trafficking in persons), paragraph (1), (2), or (3) | 15 | | of subsection (a) of Section 11-14.4 (promoting juvenile | 16 | | prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section | 17 | | 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a | 18 | | minor 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 | 23 | | Criminal Code of 2012,
Section 401, 401.1 (controlled | 24 | | substance
trafficking), 405, 405.1 (criminal drug conspiracy) | 25 | | or 407 of the Illinois
Controlled Substances Act or any | 26 | | Section of the Methamphetamine Control and Community |
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| 1 | | Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
| 2 | | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 3 | | 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), | 4 | | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012 , or an offense listed as predicate activity under | 6 | | subsection (e) of Section 33G-3 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012,
or conspiracy to commit money | 8 | | laundering or
conspiracy to commit first degree murder; (ii)
| 9 | | in response to a clear and present danger of imminent death or | 10 | | great bodily
harm to persons resulting from: (1) a kidnapping | 11 | | or the holding of a
hostage by force or the threat of the | 12 | | imminent use of force; or (2) the
occupation by force or the | 13 | | threat of the imminent use of force of any
premises, place, | 14 | | vehicle, vessel or aircraft; (iii) to aid an investigation
or | 15 | | prosecution of a civil action brought under the Illinois | 16 | | Streetgang
Terrorism Omnibus Prevention Act when there is | 17 | | probable cause to
believe the
interception of the private | 18 | | communication will
provide evidence that a
streetgang is | 19 | | committing, has committed, or will commit a second or | 20 | | subsequent
gang-related offense or that the interception of | 21 | | the private
communication
will aid in the collection of a | 22 | | judgment entered under that Act; or (iv)
upon
information and | 23 | | belief that a streetgang has committed, is committing, or is
| 24 | | about to commit a felony. | 25 | | (b) The State's Attorney or a person designated in writing | 26 | | or by law to
act for the State's Attorney and to perform his or |
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| 1 | | her duties during his or her
absence or disability, may | 2 | | authorize, in writing, an ex parte application to
the chief | 3 | | judge of a circuit court for an order authorizing
the | 4 | | interception of a private communication when no
party has | 5 | | consented to the interception and the interception may provide
| 6 | | evidence of, or may assist in the apprehension of a person who | 7 | | has committed,
is committing or is about to commit, a | 8 | | violation of an offense under Article
29D of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012. | 10 | | (b-1) Subsection (b) is inoperative on and after January | 11 | | 1, 2005. | 12 | | (b-2) No conversations recorded or monitored pursuant to | 13 | | subsection (b)
shall be made inadmissible in a court of law by | 14 | | virtue of subsection (b-1). | 15 | | (c) As used in this Section, "streetgang" and | 16 | | "gang-related" have the
meanings ascribed to them in Section | 17 | | 10 of the Illinois Streetgang Terrorism
Omnibus Prevention | 18 | | Act. | 19 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | 20 | | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 21 | | Section 40. The Statewide Grand Jury Act is amended by | 22 | | changing 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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| 1 | | always had
and
shall continue to have primary responsibility | 2 | | for investigating, indicting,
and prosecuting persons who | 3 | | violate the criminal laws of the State of
Illinois. However, | 4 | | in recent years organized terrorist activity directed
against | 5 | | innocent civilians , and certain criminal enterprises , and | 6 | | public corruption have
developed that require investigation, | 7 | | indictment, and prosecution on a
statewide or multicounty | 8 | | level. The criminal enterprises exist
as a result of the
| 9 | | allure of profitability present in narcotic activity, public | 10 | | corruption, the unlawful sale and
transfer of firearms, and | 11 | | streetgang related felonies and organized terrorist
activity | 12 | | is supported by the contribution of money and expert | 13 | | assistance from
geographically diverse sources. In
order to | 14 | | shut off the life blood of terrorism and
weaken or eliminate | 15 | | the criminal enterprises, assets, and
property
used to further | 16 | | these offenses must be frozen, and any profit must be
removed. | 17 | | State
statutes exist that can accomplish that goal. Among them | 18 | | are the offense of
money laundering, violations
of Articles | 19 | | Article 29D , 33, and 33E of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, | 21 | | and gunrunning. Local prosecutors need
investigative personnel | 22 | | and specialized training to attack and eliminate these
| 23 | | profits. In light of the transitory and complex nature of | 24 | | conduct that
constitutes these criminal activities, the many | 25 | | diverse property interests that
may be used, acquired directly | 26 | | or indirectly as a result of these criminal
activities, and |
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| 1 | | the many places that illegally obtained property may be
| 2 | | located, it is the purpose of this Act to create a limited, | 3 | | multicounty
Statewide Grand Jury with authority to | 4 | | investigate, indict, and prosecute:
narcotic activity, | 5 | | including cannabis and controlled substance trafficking,
| 6 | | narcotics racketeering, money laundering, violations of the | 7 | | Cannabis
and
Controlled Substances Tax Act, and violations of | 8 | | Articles Article 29D , 33, and 33E of the Criminal
Code of 1961 | 9 | | or the Criminal Code of 2012; public corruption crimes; the | 10 | | unlawful sale and transfer of firearms;
gunrunning; and | 11 | | streetgang related felonies.
| 12 | | (b) A Statewide Grand Jury may also investigate, indict, | 13 | | and prosecute
violations facilitated by the use of a computer | 14 | | of any of
the
following offenses: indecent solicitation of a | 15 | | child, sexual exploitation of a
child, soliciting for a | 16 | | juvenile prostitute, keeping a place of juvenile
prostitution, | 17 | | juvenile pimping, child pornography, aggravated child | 18 | | pornography, or promoting juvenile prostitution except as | 19 | | described in subdivision (a)(4) of Section 11-14.4 of the | 20 | | Criminal 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 | 24 | | Circuit
Judge to convene and preside over a Statewide Grand | 25 | | Jury, with jurisdiction
extending throughout the State, shall |
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| 1 | | be made to the Chief Justice of the
Supreme Court. Upon such | 2 | | written application, the Chief Justice of the
Supreme Court | 3 | | shall appoint a Circuit Judge from the circuit where the
| 4 | | Statewide Grand Jury is being sought to be convened, who shall | 5 | | make a
determination that the convening of a Statewide Grand | 6 | | Jury is necessary.
| 7 | | In such application the Attorney General shall state that | 8 | | the convening
of a Statewide Grand Jury is necessary because | 9 | | of an alleged offense or
offenses set forth in this Section | 10 | | involving more than one county of the
State and identifying | 11 | | any 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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| 1 | | Statewide Grand
Jury is necessary, he or she shall convene and | 2 | | impanel the Statewide Grand
Jury with jurisdiction extending | 3 | | throughout 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 | 13 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus | 14 | | Prevention Act.
| 15 | | Upon written application by the Attorney General for the | 16 | | convening of an
additional Statewide Grand Jury, the Chief | 17 | | Justice of the Supreme Court shall
appoint a Circuit Judge | 18 | | from the circuit for which the additional Statewide
Grand Jury | 19 | | is sought. The Circuit Judge shall determine the necessity for
| 20 | | an additional Statewide Grand Jury in accordance with the | 21 | | provisions of this
Section. No more than 2 Statewide Grand | 22 | | Juries 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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| 1 | | Jury will
receive recommendations from the Attorney General as | 2 | | to the county in which
the Grand Jury will sit. Prior to making | 3 | | the recommendations, the Attorney
General shall obtain the | 4 | | permission of the local State's Attorney to use
his or her | 5 | | county for the site of the Statewide Grand Jury. Upon | 6 | | receiving
the Attorney General's recommendations, the | 7 | | presiding judge will choose one
of those recommended locations | 8 | | as the site where the Grand Jury shall sit.
| 9 | | Any indictment by a Statewide Grand Jury shall be returned | 10 | | to the
Circuit Judge presiding over the Statewide Grand Jury | 11 | | and shall include a
finding as to the county or counties in | 12 | | which the alleged offense was
committed. Thereupon, the judge | 13 | | shall, by order, designate the county of
venue for the purpose | 14 | | of trial. The judge may also, by order, direct the
| 15 | | consolidation of an indictment returned by a county grand jury | 16 | | with an
indictment returned by the Statewide Grand Jury and | 17 | | set venue for trial.
| 18 | | (b) Venue for purposes of trial for the offense of | 19 | | narcotics
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 | 10 | | laundering
shall be proper in any county where any part of a | 11 | | financial transaction in
criminally derived property took | 12 | | place, or in any county where any money or
monetary interest | 13 | | which is the basis for the offense, was acquired, used,
sold, | 14 | | transferred or distributed to, from, or through.
| 15 | | (d) A person who commits the offense of cannabis | 16 | | trafficking or
controlled substance trafficking may be tried | 17 | | in any county.
| 18 | | (e) Venue for purposes of trial for any violation of | 19 | | Article 29D of the
Criminal Code of 1961 or the Criminal Code | 20 | | of 2012 may be in the county in which an act of terrorism | 21 | | occurs,
the county in which material support or resources are | 22 | | provided or solicited,
the county in which criminal assistance | 23 | | is rendered, or any county in which any
act in furtherance of | 24 | | any violation of Article 29D of the Criminal Code of 1961 or | 25 | | the Criminal Code of 2012
occurs.
| 26 | | (f) Venue for purposes of trial for any offense
involving |
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| 1 | | the corruption of a public official may be in any county in | 2 | | which any portion of the offense occurred. | 3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 4 | | Section 98. Applicability. The provisions of this | 5 | | amendatory Act of the 102nd General Assembly concerning | 6 | | statements of economic interests shall apply to statements of | 7 | | economic interests filed in 2022 and for each year thereafter. | 8 | | Any statement of economic interests filed prior to 2022 shall | 9 | | apply the law in effect before the effective date of this | 10 | | amendatory Act of the 102nd General Assembly.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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