Full Text of HB4734 096th General Assembly
HB4734 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4734
Introduced 1/4/2010, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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Amends the State Officials and Employees Ethics Act. Defines as a prohibited political activity the wearing or displaying of items expressing support for or against a candidate or referendum question while registering voters as a deputy registrar or assisting persons in completing mail-in voter registration applications. Defines a "candidate" to include candidates for federal and local offices as well as State offices.
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A BILL FOR
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HB4734 |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Section 1-5 as follows: | 6 |
| (5 ILCS 430/1-5)
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| Sec. 1-5. Definitions. As used in this Act:
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| "Appointee" means a person appointed to a position in or | 9 |
| with a State
agency, regardless of whether the position is | 10 |
| compensated.
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| "Campaign for elective office" means any activity in | 12 |
| furtherance of an
effort to influence the selection, | 13 |
| nomination, election, or appointment of any
individual to any | 14 |
| federal, State, or local public office or office in a
political | 15 |
| organization, or the selection, nomination, or election
of | 16 |
| Presidential or Vice-Presidential electors,
but does not | 17 |
| include
activities (i) relating to the support or opposition of | 18 |
| any executive,
legislative, or administrative action (as those | 19 |
| terms are defined in Section 2
of the Lobbyist Registration | 20 |
| Act), (ii) relating to collective bargaining, or
(iii) that are | 21 |
| otherwise in furtherance of the person's official State duties.
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| "Candidate" means a person who has
filed nominating papers | 23 |
| or petitions for nomination or election to an elected
State |
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| office, or who has been appointed to fill a vacancy in | 2 |
| nomination, and
who remains eligible for placement on the | 3 |
| ballot at either a
general primary election or general | 4 |
| election.
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| "Collective bargaining" has the same meaning as that term | 6 |
| is defined in
Section 3 of the Illinois Public Labor Relations | 7 |
| Act.
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| "Commission" means an ethics commission created by this | 9 |
| Act.
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| "Compensated time" means any time worked by or credited to | 11 |
| a State employee
that counts
toward any minimum work time | 12 |
| requirement imposed as a condition of employment
with a State | 13 |
| agency, but does not include any designated State holidays or | 14 |
| any
period when the employee is on a
leave of absence.
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| "Compensatory time off" means authorized time off earned by | 16 |
| or awarded to a
State employee to compensate in whole or in | 17 |
| part for time worked in excess of
the minimum work time | 18 |
| required
of that employee as a condition of employment with a | 19 |
| State agency.
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| "Contribution" has the same meaning as that term is defined | 21 |
| in Section 9-1.4
of the Election Code.
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| "Employee" means (i) any person employed full-time, | 23 |
| part-time, or
pursuant to a contract and whose employment | 24 |
| duties are subject to the direction
and
control of an employer | 25 |
| with regard to the material details of how the work is
to be | 26 |
| performed or (ii) any appointed or elected commissioner, |
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| trustee, director, or board member of a board of a State | 2 |
| agency, including any retirement system or investment board | 3 |
| subject to the Illinois Pension Code or (iii) any other | 4 |
| appointee.
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| "Employment benefits" include but are not limited to the | 6 |
| following: modified compensation or benefit terms; compensated | 7 |
| time off; or change of title, job duties, or location of office | 8 |
| or employment. An employment benefit may also include favorable | 9 |
| treatment in determining whether to bring any disciplinary or | 10 |
| similar action or favorable treatment during the course of any | 11 |
| disciplinary or similar action or other performance review. | 12 |
| "Executive branch constitutional officer" means the | 13 |
| Governor, Lieutenant
Governor, Attorney General, Secretary of | 14 |
| State, Comptroller, and Treasurer.
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| "Gift" means any gratuity, discount, entertainment, | 16 |
| hospitality, loan,
forbearance, or other tangible or | 17 |
| intangible item having monetary value
including, but not
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| limited to, cash, food and drink, and honoraria for speaking | 19 |
| engagements
related to or attributable to government | 20 |
| employment or the official position of
an
employee, member, or | 21 |
| officer.
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| "Governmental entity" means a unit of local government | 23 |
| (including a community college district) or a school
district | 24 |
| but not a State
agency.
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| "Leave of absence" means any period during which a State | 26 |
| employee does not
receive (i) compensation for State |
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| employment, (ii) service credit towards
State pension | 2 |
| benefits, and (iii) health insurance benefits paid for by the
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| State.
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| "Legislative branch constitutional officer" means a member | 5 |
| of the General
Assembly and the Auditor General.
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| "Legislative leader" means the President and Minority | 7 |
| Leader of the Senate
and the Speaker and Minority Leader of the | 8 |
| House of Representatives.
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| "Member" means a member of the General Assembly.
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| "Officer" means an executive branch constitutional officer
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| or a
legislative branch constitutional officer.
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| "Political" means any activity in support
of or in | 13 |
| connection with any campaign for elective office or any | 14 |
| political
organization, but does not include activities (i) | 15 |
| relating to the support or
opposition of any executive, | 16 |
| legislative, or administrative action (as those
terms are | 17 |
| defined in Section 2 of the Lobbyist Registration Act), (ii) | 18 |
| relating
to collective bargaining, or (iii) that are
otherwise
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| in furtherance of the person's official
State duties or | 20 |
| governmental and public service functions.
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| "Political organization" means a party, committee, | 22 |
| association, fund, or
other organization (whether or not | 23 |
| incorporated) that is required to file a
statement of | 24 |
| organization with the State Board of Elections or a county | 25 |
| clerk
under Section 9-3 of the Election Code, but only with | 26 |
| regard to those
activities that require filing with the State |
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| Board of Elections or a county
clerk.
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| "Prohibited political activity" means:
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| (1) Preparing for, organizing, or participating in any
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| political meeting, political rally, political | 5 |
| demonstration, or other political
event.
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| (2) Soliciting contributions, including but not | 7 |
| limited to the purchase
of, selling, distributing, or | 8 |
| receiving
payment for tickets for any political | 9 |
| fundraiser,
political meeting, or other political event.
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| (3) Soliciting, planning the solicitation of, or | 11 |
| preparing any document or
report regarding any thing of | 12 |
| value intended as a campaign contribution.
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| (4) Planning, conducting, or participating in a public | 14 |
| opinion
poll in connection with a campaign for elective | 15 |
| office or on behalf of a
political organization for | 16 |
| political purposes or for or against any referendum
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| question.
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| (5) Surveying or gathering information from potential | 19 |
| or actual
voters in an election to determine probable vote | 20 |
| outcome in connection with a
campaign for elective office | 21 |
| or on behalf of a political organization for
political | 22 |
| purposes or for or against any referendum question.
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| (6) Assisting at the polls on election day on behalf of | 24 |
| any
political organization or candidate for elective | 25 |
| office or for or against any
referendum
question.
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| (7) Soliciting votes on behalf of a candidate for |
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| elective office or a
political organization or for or | 2 |
| against any referendum question or helping in
an effort to | 3 |
| get voters
to the polls.
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| (8) Initiating for circulation, preparing, | 5 |
| circulating, reviewing, or
filing any petition on
behalf of | 6 |
| a candidate for elective office or for or against any | 7 |
| referendum
question.
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| (9) Making contributions on behalf
of any candidate for | 9 |
| elective office in that capacity or in connection with a
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| campaign for elective office.
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| (10) Preparing or reviewing responses to candidate | 12 |
| questionnaires in
connection with a campaign for elective | 13 |
| office or on behalf of a political
organization for | 14 |
| political purposes.
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| (11) Distributing, preparing for distribution, or | 16 |
| mailing campaign
literature, campaign signs, or other | 17 |
| campaign material on behalf of any
candidate for elective | 18 |
| office or for or against any referendum question.
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| (12) Campaigning for any elective
office or for or | 20 |
| against any referendum question.
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| (13) Managing or working on a campaign for elective
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| office or for or against any referendum question.
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| (14) Serving as a delegate, alternate, or proxy to a | 24 |
| political
party convention.
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| (15) Participating in any recount or challenge to the | 26 |
| outcome of
any election, except to the extent that under |
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| subsection (d) of
Section 6 of Article IV of the Illinois | 2 |
| Constitution each house of the General
Assembly shall judge | 3 |
| the elections, returns, and qualifications of its members.
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| (16) Notwithstanding any collective bargaining | 5 |
| agreement, while registering voters as a deputy registrar | 6 |
| or assisting persons in completing mail-in voter | 7 |
| registration applications, wearing or having within the | 8 |
| view of a prospective voter any button, lapel pin, bumper | 9 |
| sticker, or other item that expresses support for or | 10 |
| opposition to (i) a candidate, as defined in this Section | 11 |
| but also including candidates for federal and local | 12 |
| offices, or (ii) a referendum question. | 13 |
| "Prohibited source" means any person or entity who:
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| (1) is seeking official action (i) by the
member or | 15 |
| officer or (ii) in the case of an employee, by
the employee
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| or by the
member, officer, State agency, or other employee | 17 |
| directing the
employee;
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| (2) does business or seeks to do business (i) with the
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| member or officer or (ii) in the case of an employee,
with | 20 |
| the
employee or with the member, officer, State agency, or | 21 |
| other
employee directing the
employee;
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| (3) conducts activities regulated (i) by the
member or | 23 |
| officer or (ii) in the case of an employee, by
the employee | 24 |
| or by the member, officer, State agency, or
other employee | 25 |
| directing the employee;
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| (4) has interests that may be substantially affected by |
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| the performance or
non-performance of the official duties | 2 |
| of the member, officer, or
employee;
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| (5) is registered or required to be registered with the | 4 |
| Secretary of State
under the Lobbyist Registration Act, | 5 |
| except that an entity not otherwise a
prohibited source | 6 |
| does not become a prohibited source merely because a
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| registered lobbyist is one of its members or serves on its | 8 |
| board of
directors; or | 9 |
| (6) is an agent of, a spouse of, or an immediate family | 10 |
| member who is living with a "prohibited source".
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| "State agency" includes all officers, boards, commissions | 12 |
| and agencies
created by the Constitution, whether in the | 13 |
| executive or legislative
branch; all officers,
departments, | 14 |
| boards, commissions, agencies, institutions, authorities,
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| public institutions of higher learning as defined in Section 2 | 16 |
| of the Higher
Education
Cooperation Act (except community | 17 |
| colleges), and bodies politic and corporate of the State; and
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| administrative
units or corporate outgrowths of the State | 19 |
| government which are created by
or pursuant to statute, other | 20 |
| than units of local government (including community college | 21 |
| districts) and their
officers, school districts, and boards of | 22 |
| election commissioners; and all
administrative units and | 23 |
| corporate outgrowths of the above and as may be
created by | 24 |
| executive order of the Governor. "State agency" includes the | 25 |
| General
Assembly, the Senate, the House of Representatives, the | 26 |
| President and Minority
Leader of the Senate, the Speaker and |
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| Minority Leader of the House of
Representatives, the Senate | 2 |
| Operations Commission, and the legislative support
services | 3 |
| agencies. "State agency" includes the Office
of the Auditor | 4 |
| General. "State agency" does not include the judicial branch.
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| "State employee" means any employee of a State agency.
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| "Ultimate jurisdictional
authority" means the following:
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| (1) For members, legislative partisan staff, and | 8 |
| legislative secretaries,
the appropriate
legislative | 9 |
| leader: President of the
Senate, Minority Leader of the | 10 |
| Senate, Speaker of the House of Representatives,
or | 11 |
| Minority Leader of the House of Representatives.
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| (2) For State employees who are professional staff or | 13 |
| employees of the
Senate and not covered under item (1), the | 14 |
| Senate Operations Commission.
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| (3) For State employees who are professional staff or | 16 |
| employees of the
House of Representatives and not covered | 17 |
| under item (1), the Speaker of the
House of | 18 |
| Representatives.
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| (4) For State employees who are employees of the | 20 |
| legislative support
services agencies, the Joint Committee | 21 |
| on Legislative Support Services.
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| (5) For State employees of the Auditor General, the | 23 |
| Auditor General.
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| (6) For State employees of public institutions of | 25 |
| higher learning as
defined in Section 2 of the Higher | 26 |
| Education Cooperation Act (except community colleges), the |
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| board of
trustees of the appropriate public institution of | 2 |
| higher learning.
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| (7) For State employees of an executive branch | 4 |
| constitutional officer
other than those described in | 5 |
| paragraph (6), the
appropriate executive branch | 6 |
| constitutional officer.
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| (8) For State employees not under the jurisdiction of | 8 |
| paragraph (1), (2),
(3), (4), (5), (6), or (7), the | 9 |
| Governor.
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| (Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555, | 11 |
| eff. 8-18-09.)
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