Illinois General Assembly - Full Text of Public Act 093-0816
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Public Act 093-0816


 

Public Act 0816 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0816
 
SB2683 Enrolled LRB093 20434 JAM 46217 b

    AN ACT concerning ethics.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Governmental Ethics Act is amended
by changing Section 4A-101 as follows:
 
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
    Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
        (a) Members of the General Assembly and candidates for
    nomination or election to the General Assembly.
        (b) Persons holding an elected office in the Executive
    Branch of this State, and candidates for nomination or
    election to these offices.
        (c) Members of a Commission or Board created by the
    Illinois Constitution, and candidates for nomination or
    election to such Commission or Board.
        (d) Persons whose appointment to office is subject to
    confirmation by the Senate.
        (e) Holders of, and candidates for nomination or
    election to, the office of judge or associate judge of the
    Circuit Court and the office of judge of the Appellate or
    Supreme Court.
        (f) Persons who are employed by any branch, agency,
    authority or board of the government of this State,
    including but not limited to, the Illinois State Toll
    Highway Authority, the Illinois Housing Development
    Authority, the Illinois Community College Board, and
    institutions under the jurisdiction of the Board of
    Trustees of the University of Illinois, Board of Trustees
    of Southern Illinois University, Board of Trustees of
    Chicago State University, Board of Trustees of Eastern
    Illinois University, Board of Trustees of Governor's State
    University, Board of Trustees of Illinois State
    University, Board of Trustees of Northeastern Illinois
    University, Board of Trustees of Northern Illinois
    University, Board of Trustees of Western Illinois
    University, or Board of Trustees of the Illinois
    Mathematics and Science Academy, and are compensated for
    services as employees and not as independent contractors
    and who:
            (1) are, or function as, the head of a department,
        commission, board, division, bureau, authority or
        other administrative unit within the government of
        this State, or who exercise similar authority within
        the government of this State;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the State in the amount of $5,000 or
        more;
            (3) have authority for the issuance or
        promulgation of rules and regulations within areas
        under the authority of the State;
            (4) have authority for the approval of
        professional licenses;
            (5) have responsibility with respect to the
        financial inspection of regulated nongovernmental
        entities;
            (6) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the State; or
            (7) have supervisory responsibility for 20 or more
        employees of the State; or .
            (8) negotiate, assign, authorize, or grant naming
        rights or sponsorship rights regarding any property or
        asset of the State, whether real, personal, tangible,
        or intangible.
        (g) Persons who are elected to office in a unit of
    local government, and candidates for nomination or
    election to that office, including regional
    superintendents of school districts.
        (h) Persons appointed to the governing board of a unit
    of local government, or of a special district, and persons
    appointed to a zoning board, or zoning board of appeals, or
    to a regional, county, or municipal plan commission, or to
    a board of review of any county, and persons appointed to
    the Board of the Metropolitan Pier and Exposition Authority
    and any Trustee appointed under Section 22 of the
    Metropolitan Pier and Exposition Authority Act, and
    persons appointed to a board or commission of a unit of
    local government who have authority to authorize the
    expenditure of public funds. This subsection does not apply
    to members of boards or commissions who function in an
    advisory capacity.
        (i) Persons who are employed by a unit of local
    government and are compensated for services as employees
    and not as independent contractors and who:
            (1) are, or function as, the head of a department,
        division, bureau, authority or other administrative
        unit within the unit of local government, or who
        exercise similar authority within the unit of local
        government;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the unit of local government in the
        amount of $1,000 or greater;
            (3) have authority to approve licenses and permits
        by the unit of local government; this item does not
        include employees who function in a ministerial
        capacity;
            (4) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the unit of local government;
            (5) have authority to issue or promulgate rules and
        regulations within areas under the authority of the
        unit of local government; or
            (6) have supervisory responsibility for 20 or more
        employees of the unit of local government.
        (j) Persons on the Board of Trustees of the Illinois
    Mathematics and Science Academy.
        (k) Persons employed by a school district in positions
    that require that person to hold an administrative or a
    chief school business official endorsement.
        (l) Special government agents. A "special government
    agent" is a person who is directed, retained, designated,
    appointed, or employed, with or without compensation, by or
    on behalf of a statewide executive branch constitutional
    officer to make an ex parte communication under Section
    5-50 of the State Officials and Employees Ethics Act or
    Section 5-165 of the Illinois Administrative Procedure
    Act.
    This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 93-617, eff. 12-9-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/27/2004