Full Text of HB4712 97th General Assembly
HB4712 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4712 Introduced 2/3/2012, by Rep. Pam Roth SYNOPSIS AS INTRODUCED: |
| 5 ILCS 420/4A-101 | from Ch. 127, par. 604A-101 |
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Amends the Illinois Governmental Ethics Act. Requires former members of the General Assembly to file statements of economic interests for a period of 2 years following the termination of their terms of office if they elect to do so. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Section 4A-101 as follows: | 6 | | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 7 | | Sec. 4A-101. Persons required to file. The following | 8 | | persons shall file
verified written statements of economic | 9 | | interests, as provided in this Article:
| 10 | | (a) Members of the General Assembly , and candidates for | 11 | | nomination or
election to the General Assembly , and, for a | 12 | | period of 2 years following the termination of their term | 13 | | of office, former members of the General Assembly who have | 14 | | elected to continue filing statements of economic | 15 | | interests during that time .
| 16 | | (b) Persons holding an elected office in the Executive | 17 | | Branch of this
State, and candidates for nomination or | 18 | | election to these offices.
| 19 | | (c) Members of a Commission or Board created by the | 20 | | Illinois Constitution,
and candidates for nomination or | 21 | | election to such Commission or Board.
| 22 | | (d) Persons whose appointment to office is subject to | 23 | | confirmation by
the Senate and persons appointed by the |
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| 1 | | Governor to any other position on a board or commission | 2 | | described in subsection (a) of Section 15 of the | 3 | | Gubernatorial Boards and Commissions Act.
| 4 | | (e) Holders of, and candidates for nomination or | 5 | | election to, the office
of judge or associate judge of the | 6 | | Circuit Court and the office of judge of
the Appellate or | 7 | | Supreme Court.
| 8 | | (f) Persons who are employed by any branch, agency, | 9 | | authority or board
of the government of this State, | 10 | | including but not limited to, the Illinois
State Toll | 11 | | Highway Authority, the Illinois Housing Development | 12 | | Authority,
the Illinois Community College Board, and | 13 | | institutions under the
jurisdiction of the Board of | 14 | | Trustees
of the University of Illinois, Board of Trustees | 15 | | of Southern Illinois
University, Board of Trustees of | 16 | | Chicago State University,
Board of Trustees of Eastern | 17 | | Illinois University, Board of Trustees of
Governor's State | 18 | | University, Board of Trustees of Illinois State | 19 | | University,
Board of Trustees of Northeastern Illinois | 20 | | University, Board of Trustees of
Northern Illinois | 21 | | University, Board of Trustees of Western Illinois
| 22 | | University, or Board of Trustees of the Illinois | 23 | | Mathematics and Science
Academy, and are compensated for | 24 | | services as employees and not as
independent contractors | 25 | | and who:
| 26 | | (1) are, or function as, the head of a department, |
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| 1 | | commission, board,
division, bureau, authority or | 2 | | other administrative unit within the
government of | 3 | | this State, or who exercise similar authority within | 4 | | the
government of this State;
| 5 | | (2) have direct supervisory authority over, or | 6 | | direct responsibility for
the formulation, | 7 | | negotiation, issuance or execution of contracts | 8 | | entered into
by the State in the amount of $5,000 or | 9 | | more;
| 10 | | (3) have authority for the issuance or | 11 | | promulgation of rules and
regulations within areas | 12 | | under the authority of the State;
| 13 | | (4) have authority for the approval of | 14 | | professional licenses;
| 15 | | (5) have responsibility with respect to the | 16 | | financial inspection
of regulated nongovernmental | 17 | | entities;
| 18 | | (6) adjudicate, arbitrate, or decide any judicial | 19 | | or administrative
proceeding, or review the | 20 | | adjudication, arbitration or decision of any judicial
| 21 | | or administrative proceeding within the authority of | 22 | | the State;
| 23 | | (7) have supervisory responsibility for 20 or more | 24 | | employees of the
State;
| 25 | | (8) negotiate, assign, authorize, or grant naming | 26 | | rights or sponsorship rights regarding any property or |
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| 1 | | asset of the State, whether real, personal, tangible, | 2 | | or intangible; or
| 3 | | (9) have responsibility with respect to the | 4 | | procurement of goods or services. | 5 | | (g) Persons who are elected to office in a unit of | 6 | | local government,
and candidates for nomination or | 7 | | election to that office, including regional
| 8 | | superintendents of school districts.
| 9 | | (h) Persons appointed to the governing board of a unit | 10 | | of local
government, or of a special district, and persons | 11 | | appointed to a zoning
board, or zoning board of appeals, or | 12 | | to a regional, county, or municipal
plan commission, or to | 13 | | a board of review of any county, and persons
appointed to | 14 | | the Board of the Metropolitan Pier and Exposition Authority
| 15 | | and any Trustee appointed under Section 22 of the | 16 | | Metropolitan Pier and
Exposition Authority Act, and | 17 | | persons appointed to a board or commission of
a unit of | 18 | | local government who have authority to authorize the | 19 | | expenditure of
public funds. This subsection does not apply | 20 | | to members of boards or
commissions who function in an | 21 | | advisory capacity.
| 22 | | (i) Persons who are employed by a unit of local | 23 | | government and are
compensated for services as employees | 24 | | and not as independent contractors and
who:
| 25 | | (1) are, or function as, the head of a department, | 26 | | division, bureau,
authority or other administrative |
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| 1 | | unit within the unit of local
government, or who | 2 | | exercise similar authority within the unit of local
| 3 | | government;
| 4 | | (2) have direct supervisory authority over, or | 5 | | direct responsibility for
the formulation, | 6 | | negotiation, issuance or execution of contracts | 7 | | entered into
by the unit of local government in the | 8 | | amount of $1,000 or greater;
| 9 | | (3) have authority to approve licenses
and permits | 10 | | by the unit of local government; this item does not | 11 | | include
employees who function in a ministerial | 12 | | capacity;
| 13 | | (4) adjudicate, arbitrate, or decide any judicial | 14 | | or administrative
proceeding, or review the | 15 | | adjudication, arbitration or decision of any judicial
| 16 | | or administrative proceeding within the authority of | 17 | | the unit of local
government;
| 18 | | (5) have authority to issue or promulgate rules and | 19 | | regulations within
areas under the authority of the | 20 | | unit of local government; or
| 21 | | (6) have supervisory responsibility for 20 or more | 22 | | employees of the
unit of local government.
| 23 | | (j) Persons on the Board of Trustees of the Illinois | 24 | | Mathematics and
Science Academy.
| 25 | | (k) Persons employed by a school district in positions | 26 | | that
require that
person to hold an administrative or a |
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| 1 | | chief school business official
endorsement.
| 2 | | (l) Special government agents. A "special government | 3 | | agent" is a
person who is directed, retained, designated, | 4 | | appointed, or
employed, with or without compensation, by or | 5 | | on behalf of a
statewide executive branch constitutional | 6 | | officer to make an ex
parte communication under Section | 7 | | 5-50 of the State Officials and
Employees Ethics Act or | 8 | | Section 5-165 of the Illinois
Administrative Procedure | 9 | | Act.
| 10 | | (m) Members of the board of commissioners of any flood | 11 | | prevention district created under the Flood Prevention | 12 | | District Act or the Beardstown Regional Flood Prevention | 13 | | District Act. | 14 | | (n) Members of the board of any retirement system or | 15 | | investment board established under the Illinois Pension | 16 | | Code, if not required to file under any other provision of | 17 | | this Section. | 18 | | (o) Members of the board of any pension fund | 19 | | established under the Illinois Pension Code, if not | 20 | | required to file under any other provision of this Section. | 21 | | This Section shall not be construed to prevent any unit of | 22 | | local government
from enacting financial disclosure | 23 | | requirements that mandate
more information
than required by | 24 | | this Act.
| 25 | | (Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, | 26 | | eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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