Bill Amendment: IL HB3046 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: STATE GOVERNMENT-TECH

Status: 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB3046 Detail]

Download: Illinois-2019-HB3046-House_Amendment_001.html

---

Rep. Luis Arroyo

Filed: 3/26/2019

10100HB3046ham001 LRB101 11087 AWJ 58448 a
AMENDMENT TO HOUSE BILL 3046
AMENDMENT NO. ______. Amend House Bill 3046 by replacing
everything after the enacting clause with the following:
"Section 5. The Lobbyist Registration Act is amended by
changing Section 2 as follows:
(25 ILCS 170/2) (from Ch. 63, par. 172)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Person" means any individual, firm, partnership,
committee, association, corporation, or any other organization
or group of persons.
(b) "Expenditure" means a payment, distribution, loan,
advance, deposit, or gift of money or anything of value, and
includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure, for the ultimate
purpose of influencing executive, legislative, or

10100HB3046ham001 - 2 - LRB101 11087 AWJ 58448 a
administrative action, other than compensation as defined in
subsection (d).
(c) "Official" means:
(1) the Governor, Lieutenant Governor, Secretary of
State, Attorney General, State Treasurer, and State
Comptroller;
(2) Chiefs of Staff for officials described in item
(1);
(3) Cabinet members of any elected constitutional
officer, including Directors, Assistant Directors and
Chief Legal Counsel or General Counsel;
(4) Members of the General Assembly; and
(5) Members of any board, commission, authority, or
task force of the State authorized or created by State law
or by executive order of the Governor; and .
(6) Members of the Board of Commissioners of the
Metropolitan Water Reclamation District.
(d) "Compensation" means any money, thing of value or
financial benefits received or to be received in return for
services rendered or to be rendered, for lobbying as defined in
subsection (e).
Monies paid to members of the General Assembly by the State
as remuneration for performance of their Constitutional and
statutory duties as members of the General Assembly shall not
constitute compensation as defined by this Act.
(e) "Lobby" and "lobbying" means any communication with an

10100HB3046ham001 - 3 - LRB101 11087 AWJ 58448 a
official of the executive or legislative branch of State
government, or a member of the Board of Commissioners of the
Metropolitan Water Reclamation District, as defined in
subsection (c) for the ultimate purpose of influencing any
executive, legislative, or administrative action.
(f) "Influencing" means any communication, action,
reportable expenditure as prescribed in Section 6 or other
means used to promote, support, affect, modify, oppose or delay
any executive, legislative or administrative action or to
promote goodwill with officials as defined in subsection (c).
(g) "Executive action" means the proposal, drafting,
development, consideration, amendment, adoption, approval,
promulgation, issuance, modification, rejection or
postponement by a State entity or the Metropolitan Water
Reclamation District of a rule, regulation, order, decision,
determination, contractual arrangement, purchasing agreement
or other quasi-legislative or quasi-judicial action or
proceeding.
(h) "Legislative action" means the development, drafting,
introduction, consideration, modification, adoption,
rejection, review, enactment, or passage or defeat of any bill,
amendment, resolution, report, nomination, administrative rule
or other matter by either house of the General Assembly or a
committee thereof, or by a legislator. "Legislative action"
also means the action of the Governor in approving or vetoing
any bill or portion thereof, and the action of the Governor or

10100HB3046ham001 - 4 - LRB101 11087 AWJ 58448 a
any agency in the development of a proposal for introduction in
the legislature. "Legislative action" also means the
development, drafting, introduction, consideration,
modification, adoption, rejection, review, enactment, or
passage or defeat of any matter before the Metropolitan Water
Reclamation District Board of Commissioners.
(i) "Administrative action" means the execution or
rejection of any rule, regulation, legislative rule, standard,
fee, rate, contractual arrangement, purchasing agreement or
other delegated legislative or quasi-legislative action to be
taken or withheld by any executive agency, department, board or
commission of the State, or by the Metropolitan Water
Reclamation District Board of Commissioners.
(j) "Lobbyist" means any natural person who undertakes to
lobby State government or the Metropolitan Water Reclamation
District as provided in subsection (e).
(k) "Lobbying entity" means any entity that hires, retains,
employs, or compensates a natural person to lobby State
government or the Metropolitan Water Reclamation District as
provided in subsection (e).
(l) "Authorized agent" means the person designated by an
entity or lobbyist registered under this Act as the person
responsible for submission and retention of reports required
under this Act.
(m) "Client" means any person or entity that provides
compensation to a lobbyist to lobby State government or the

10100HB3046ham001 - 5 - LRB101 11087 AWJ 58448 a
Metropolitan Water Reclamation District as provided in
subsection (e) of this Section.
(n) "Client registrant" means a client who is required to
register under this Act.
(Source: P.A. 98-459, eff. 1-1-14.)
Section 10. The Metropolitan Water Reclamation District
Act is amended by adding Section 4.40 as follows:
(70 ILCS 2605/4.40 new)
Sec. 4.40. Prohibition of nepotism in hiring.
(a) As used in this Section:
"Chief Compliance Office" means the Chief Compliance
Office within the Office of the Governor created by Executive
Order 2018-02.
"Commission" means the Executive Ethics Commission.
"District officer" means the commissioners of a sanitary
district or an officer of a sanitary district named in Section
4.
"Labor organization" has the meaning provided in Section 3
of the Illinois Public Labor Relations Act.
"Relative" means an individual who is related to a sanitary
district commissioner, officer, or employee as father, mother,
son, daughter, grandfather, grandmother, grandson,
granddaughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law,

10100HB3046ham001 - 6 - LRB101 11087 AWJ 58448 a
son-in-law, daughter-in-law, grandson-in-law,
granddaughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, step-grandson, step-granddaughter, half-brother,
or half -sister.
(b) Notwithstanding any other provision in this Act, the
following apply to a sanitary district organized under this
Act:
(1) A sanitary district officer may not appoint, hire,
promote, advance, or advocate for the appointment, hiring,
employment, promotion, or advancement, in or to a position
in any sanitary district, any individual who is a relative
of the sanitary district commissioner or officer.
(2) An individual may not be appointed, hired,
promoted, or advanced in or to a position in any sanitary
district if the appointment, employment, promotion, or
advancement has been advocated by a district commissioner
or officer who is a relative of the individual.
(3) An individual may not be placed in a relative's
direct line of supervision, may not evaluate a relative's
job performance and may not recommend a salary increase for
a relative. This paragraph applies to all sanitary district
employees and officers. No sanitary district employee or
officer may participate in an action relating to the
discipline of a relative, including dismissal of a
relative, or conduct an investigation into alleged

10100HB3046ham001 - 7 - LRB101 11087 AWJ 58448 a
misconduct, malfeasance, or violation of any law by a
relative. A sanitary district commissioner, employee, or
officer may not serve on a sanitary district interview
panel for any relative.
(4) Sanitary district employees and officers shall
disclose to their supervisor and their ethics officer any
anticipated or active participation by the employee or
officer in any matter affecting a partnership,
association, corporation, or other business entity if
they, together with a relative or relatives, are entitled
to receive more than 15%, in the aggregate, of the total
distributable income of the partnership, association,
corporation, or other business entity.
(5) All commissioners and officers required to file a
verified written statement of economic interest under
Section 4A-101 of the Illinois Government Ethics Act shall,
in conjunction with such filing each year, also disclose
the following information: the names and positions of all
relatives employed by or serving as an employee or officer
of the sanitary district. The Commission shall prepare
forms or amend existing forms to be used to report the
information described in this subsection and shall provide
those forms or amended forms to each individual required to
report such information on or before April 1 of each year.
Such statement shall be filed by each commissioner with the
Commission on or before May 1 of each year. The Commission

10100HB3046ham001 - 8 - LRB101 11087 AWJ 58448 a
shall ensure that all statements filed pursuant to this
paragraph are made readily available for public
inspection. Each district officer required to submit a
statement pursuant to this paragraph shall notify the
Commission, in writing and without delay, of any material
change in circumstances that might result in a change to
his or her disclosures filed pursuant to this paragraph.
(6) All district officers who are not required to file
a verified written statement of economic interest shall
disclose to their supervisor and their ethics officer the
names and positions of all relatives employed by or serving
as a commissioner or employee of the sanitary district,
upon becoming a district officer and on an ongoing basis
within 30 days of change in a relative's job status that
would require reporting. Supervisors and ethics officers
shall maintain a list with this information which shall be
subject to the Freedom of Information Act.
(7) No later than 30 days after the effective date of
this amendatory Act of the 101st General Assembly, all
sanitary districts organized under this Act shall amend
their employment policies or handbooks to define nepotism,
in at least as stringent terms as this Section, as a
violation of sanitary district policy and file these
policies or handbooks with the Chief Compliance Office and
with the Commission.
(8) All sanitary districts, when negotiating with any

10100HB3046ham001 - 9 - LRB101 11087 AWJ 58448 a
labor organization, shall make every reasonable effort to
secure a collective bargaining agreement that meets or
exceeds the objectives of this Section.
(9) A sanitary district may adopt policies authorizing
the temporary employment, in the event of emergencies
resulting from natural disasters or similar unforeseen
events or circumstances, of individuals whose employment
would otherwise be prohibited by this Section.
(c) This Section does not apply to individuals serving in a
volunteer capacity or who exclusively provide emergency,
medical, firefighting, police services, or any charitable
service to a sanitary district.".