Bill Amendment: IL SB3071 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ABLE ACCOUNT PROG-DISTRIBUTION
Status: 2021-01-13 - Session Sine Die [SB3071 Detail]
Download: Illinois-2019-SB3071-House_Amendment_002.html
Bill Title: ABLE ACCOUNT PROG-DISTRIBUTION
Status: 2021-01-13 - Session Sine Die [SB3071 Detail]
Download: Illinois-2019-SB3071-House_Amendment_002.html
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| 1 | AMENDMENT TO SENATE BILL 3071
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 3071 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Governmental Ethics Act is amended | ||||||
| 5 | by changing Sections 1-109, 1-110, 2-101, 3A-50 4A-102, 4A-103, | ||||||
| 6 | 4A-107, 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, 1-105.5, 1-105.6, 1-105.7, | ||||||
| 8 | 1-112.5, 1-113.6, and 1-113.7 as follows:
| ||||||
| 9 | (5 ILCS 420/1-102.5 new) | ||||||
| 10 | Sec. 1-102.5. Asset. "Asset" means, for the purposes of | ||||||
| 11 | Sections 4A-102 and 4A-103, an item that is owned and has | ||||||
| 12 | monetary value. For the purposes of Sections 4A-102 and 4A-103, | ||||||
| 13 | assets include, but are not limited to: stocks, bonds, sector | ||||||
| 14 | mutual funds, sector exchange traded funds, commodity futures, | ||||||
| 15 | investment real estate, beneficial interests in trusts, | ||||||
| 16 | business interests, and partnership interests. For the | ||||||
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| |||||||
| 1 | purposes of Sections 4A-102 and 4A-103, assets do not include: | ||||||
| 2 | personal residences; personal vehicles; savings or checking | ||||||
| 3 | accounts; bonds, notes, or securities issued by any branch of | ||||||
| 4 | federal, state, or local government; Medicare benefits; | ||||||
| 5 | inheritances or bequests, other than beneficial interests in | ||||||
| 6 | trusts; diversified funds; annuities; pensions (including | ||||||
| 7 | government pensions); retirement accounts; college savings | ||||||
| 8 | plans that are qualified tuition plans; qualified | ||||||
| 9 | tax-advantaged savings programs that allow individuals to save | ||||||
| 10 | for disability-related expenses; or tangible personal | ||||||
| 11 | property.
| ||||||
| 12 | (5 ILCS 420/1-104.3 new) | ||||||
| 13 | Sec. 1-104.3. Creditor. "Creditor" means, for the purposes | ||||||
| 14 | of Sections 4A-102 and 4A-103, an individual, organization, or | ||||||
| 15 | other business entity to whom money or its equivalent is owed, | ||||||
| 16 | no matter whether that obligation is secured or unsecured, | ||||||
| 17 | except that if a filer makes a loan to members of his or her | ||||||
| 18 | family, then that filer does not, by making such a loan, become | ||||||
| 19 | a creditor of that individual for the purposes of Sections | ||||||
| 20 | 4A-102 and 4A-103 of this Act.
| ||||||
| 21 | (5 ILCS 420/1-104.4 new) | ||||||
| 22 | Sec. 1-104.4. Debt. "Debt" means, for the purposes of | ||||||
| 23 | Sections 4A-102 and 4A-103, any money or monetary obligation | ||||||
| 24 | owed at any time during the preceding calendar year to an | ||||||
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| |||||||
| 1 | individual, company, or other organization, other than a loan | ||||||
| 2 | that is from a financial institution, government agency, or | ||||||
| 3 | business entity and that is granted on terms made available to | ||||||
| 4 | the general public. For the purposes of Sections 4A-102 and | ||||||
| 5 | 4A-103, "debt" includes, but is not limited to: personal loans | ||||||
| 6 | from friends or business associates, business loans made | ||||||
| 7 | outside the lender's regular course of business, and loans made | ||||||
| 8 | at below market rates. For the purposes of Sections 4A-102 and | ||||||
| 9 | 4A-103, "debt" does not include: (i) debts to or from financial | ||||||
| 10 | institutions or government entities, such as mortgages, | ||||||
| 11 | student loans, credit card debts, or loans secured by | ||||||
| 12 | automobiles, household furniture, or appliances, as long as | ||||||
| 13 | those loans were made on terms available to the general public | ||||||
| 14 | and do not exceed the purchase price of the items securing | ||||||
| 15 | them; (ii) debts to or from a political committee registered | ||||||
| 16 | with the Illinois State Board of Elections or political | ||||||
| 17 | committees, principal campaign committees, or authorized | ||||||
| 18 | committees registered with the Federal Election Commission; or | ||||||
| 19 | (iii) a loan from a member of the filer's family not known by | ||||||
| 20 | the filer to be registered to lobby under the Lobbyist | ||||||
| 21 | Registration Act.
| ||||||
| 22 | (5 ILCS 420/1-104.5 new) | ||||||
| 23 | Sec. 1-104.5. Diversified funds. "Diversified funds" means | ||||||
| 24 | investment products, such as mutual funds, exchange traded | ||||||
| 25 | funds, or unit investment trusts, that invest in a wide variety | ||||||
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| |||||||
| 1 | of securities across multiple sectors or asset classes. | ||||||
| 2 | "Diversified funds" does not include sector funds.
| ||||||
| 3 | (5 ILCS 420/1-105.2 new) | ||||||
| 4 | Sec. 1-105.2. Economic relationship. "Economic | ||||||
| 5 | relationship" means, for the purposes of Sections 4A-102 and | ||||||
| 6 | 4A-103, any joint or shared ownership interests in businesses | ||||||
| 7 | and creditor-debtor relationships with third parties, other | ||||||
| 8 | than commercial lending institutions, where: (a) the filer is | ||||||
| 9 | entitled to receive (i) more than 7.5% of the total | ||||||
| 10 | distributable income, or (ii) an amount in excess of the salary | ||||||
| 11 | of the Governor; or (b) the filer together with his or her | ||||||
| 12 | spouse or minor children is entitled to receive (i) more than | ||||||
| 13 | 15%, in the aggregate, of the total distributable income, or | ||||||
| 14 | (ii) an amount in excess of 2 times the salary of the Governor.
| ||||||
| 15 | (5 ILCS 420/1-105.3 new) | ||||||
| 16 | Sec. 1-105.3. Family. "Family" means, for the purposes of | ||||||
| 17 | Sections 4A-102 and 4A-103, a filer's spouse, children, | ||||||
| 18 | step-children, parents, step-parents, siblings, step-siblings, | ||||||
| 19 | half-siblings, sons-in-law, daughters-in-law, grandparents, | ||||||
| 20 | and grandchildren, as well as the parents and grandparents of | ||||||
| 21 | the filer's spouse, and any person living with the filer.
| ||||||
| 22 | (5 ILCS 420/1-105.5 new) | ||||||
| 23 | Sec. 1-105.5. Filer. "Filer" means, for the purposes of | ||||||
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| |||||||
| 1 | Section 4A-102 and 4A-103, a person required to file a | ||||||
| 2 | statement of economic interests pursuant to this Act.
| ||||||
| 3 | (5 ILCS 420/1-105.6 new) | ||||||
| 4 | Sec. 1-105.6. Income. "Income" means, for the purposes of | ||||||
| 5 | Sections 4A-102 and 4A-103, pension income and any income from | ||||||
| 6 | whatever source derived, required to be reported on the filer's | ||||||
| 7 | federal income tax return, including, but not limited to: | ||||||
| 8 | compensation received for services rendered or to be rendered | ||||||
| 9 | (as required to be reported on any Internal Revenue Service | ||||||
| 10 | forms, including, but not limited to, Forms W-2, 1099, or K-1); | ||||||
| 11 | earnings or capital gains from the sale of assets; profit; | ||||||
| 12 | interest or dividend income from all assets; revenue from | ||||||
| 13 | leases and rentals, royalties, prizes, awards, or barter; | ||||||
| 14 | forgiveness of debt; and earnings derived from annuities or | ||||||
| 15 | trusts other than testamentary trusts. "Income" does not | ||||||
| 16 | include compensation earned for service in the position that | ||||||
| 17 | necessitates the filing of the statement of economic interests, | ||||||
| 18 | or investment or interest returns on items excluded from the | ||||||
| 19 | definition of "asset", or income from the sale of a personal | ||||||
| 20 | residence or personal vehicle.
| ||||||
| 21 | (5 ILCS 420/1-105.7 new) | ||||||
| 22 | Sec. 1-105.7. Investment real estate. "Investment real | ||||||
| 23 | estate" means any real property, other than a filer's personal | ||||||
| 24 | residences, purchased to produce a profit, whether from income | ||||||
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| 1 | or resale. Investment real estate may be described by the city | ||||||
| 2 | and state where the real estate is located.
| ||||||
| 3 | (5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
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| 4 | Sec. 1-109.
"Lobbying" means engaging in activities that | ||||||
| 5 | require registration under the Lobbyist Registration | ||||||
| 6 | Act promoting or opposing in any manner the
passage by the | ||||||
| 7 | General Assembly of any legislative matter affecting the
| ||||||
| 8 | interests of any individual, association or corporation as | ||||||
| 9 | distinct from
those of the people of the State as a whole.
| ||||||
| 10 | (Source: Laws 1967, p. 3401.)
| ||||||
| 11 | (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
| ||||||
| 12 | Sec. 1-110.
"Lobbyist" means an individual who is required | ||||||
| 13 | to be registered to engage in lobbying activities pursuant to | ||||||
| 14 | the Lobbyist Registration Act any person required to be | ||||||
| 15 | registered under
"An Act concerning lobbying and providing a | ||||||
| 16 | penalty for violation thereof",
approved July 10, 1957, as | ||||||
| 17 | amended.
| ||||||
| 18 | (Source: Laws 1967, p. 3401.)
| ||||||
| 19 | (5 ILCS 420/1-112.5 new) | ||||||
| 20 | Sec. 1-112.5. Personal residence. "Personal residence" | ||||||
| 21 | means, for the purposes of Sections 4A-102 and 4A-103, a | ||||||
| 22 | filer's primary home residence and any residential real | ||||||
| 23 | property held by the filer and used by the filer for | ||||||
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| |||||||
| 1 | residential rather than commercial or income generating | ||||||
| 2 | purposes.
| ||||||
| 3 | (5 ILCS 420/1-113.6 new) | ||||||
| 4 | Sec. 1-113.6. Sector funds. "Sector funds" means mutual | ||||||
| 5 | funds or exchange traded funds invested in a particular | ||||||
| 6 | industry or business.
| ||||||
| 7 | (5 ILCS 420/1-113.7 new) | ||||||
| 8 | Sec. 1-113.7. Spouse. "Spouse" means a party to a marriage, | ||||||
| 9 | a party to a civil union, or a registered domestic partner.
| ||||||
| 10 | (5 ILCS 420/2-101) (from Ch. 127, par. 602-101)
| ||||||
| 11 | Sec. 2-101. Government official lobbying. | ||||||
| 12 | (a) No legislator may engage in promoting or opposing in | ||||||
| 13 | any manner the passage by General Assembly of any legislative | ||||||
| 14 | matter affecting the interests of any individual, association, | ||||||
| 15 | or corporation as distinct from those of the people of the | ||||||
| 16 | State as a whole lobbying, as that term is defined
in Section | ||||||
| 17 | 1-109, if he or she accepts compensation specifically | ||||||
| 18 | attributable
to such lobbying, other than that provided by law | ||||||
| 19 | for members of the
General Assembly. Nothing in this Section | ||||||
| 20 | prohibits a legislator from
lobbying without compensation.
| ||||||
| 21 | No legislator or executive branch constitutional officer | ||||||
| 22 | shall engage in compensated lobbying of the governing body of a | ||||||
| 23 | municipality, county, or township, or an official thereof, on | ||||||
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| 1 | behalf of any lobbyist or lobbying entity that is registered to | ||||||
| 2 | lobby the General Assembly or the executive branch of the State | ||||||
| 3 | of Illinois. | ||||||
| 4 | (b) No elected or appointed county executive or legislative | ||||||
| 5 | official shall engage in compensated lobbying of the governing | ||||||
| 6 | body of a county, municipality, township, the General Assembly, | ||||||
| 7 | a State executive branch office or agency, or an official | ||||||
| 8 | thereof, on behalf of any lobbyist or lobbying entity that is | ||||||
| 9 | registered to lobby the county in which the official is elected | ||||||
| 10 | or appointed. | ||||||
| 11 | (c) No elected or appointed municipal executive or | ||||||
| 12 | legislative official shall engage in compensated lobbying of | ||||||
| 13 | the governing body of a county, municipality, township, the | ||||||
| 14 | General Assembly, a State executive branch office or agency, or | ||||||
| 15 | an official thereof, on behalf of any lobbyist or lobbying | ||||||
| 16 | entity that is registered to lobby the municipality in which | ||||||
| 17 | the official is elected or appointed. | ||||||
| 18 | (d) No elected or appointed township executive or | ||||||
| 19 | legislative official shall engage in compensated lobbying of | ||||||
| 20 | the governing body of a county, municipality, township, the | ||||||
| 21 | General Assembly, a State executive branch office or agency, or | ||||||
| 22 | an official thereof, on behalf of any lobbyist or lobbying | ||||||
| 23 | entity that is registered to lobby the township in which the | ||||||
| 24 | official is elected or appointed. | ||||||
| 25 | (e) A violation of this Section shall constitute a Class A | ||||||
| 26 | misdemeanor.
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| |||||||
| 1 | (Source: P.A. 77-2830.)
| ||||||
| 2 | (5 ILCS 420/3A-50 new) | ||||||
| 3 | Sec. 3A-50. Appointee political activity. | ||||||
| 4 | (a) No person who is appointed to an affected office shall: | ||||||
| 5 | (i) serve as an officer of a candidate political committee; or | ||||||
| 6 | (ii) be a candidate who is designated as the candidate to be | ||||||
| 7 | supported by a candidate political committee. | ||||||
| 8 | (b) A person appointed to an affected office who is either | ||||||
| 9 | an officer of a candidate political committee or a candidate | ||||||
| 10 | who is designated as the candidate to be supported by a | ||||||
| 11 | candidate political committee shall within 30 days after | ||||||
| 12 | confirmation by the Senate: (i) resign as an officer of the | ||||||
| 13 | candidate political committee; (ii) have his or her name | ||||||
| 14 | removed as the candidate to be supported by a candidate | ||||||
| 15 | political committee; (iii) notify the State Board of Elections | ||||||
| 16 | of the person's intent to convert the candidate political | ||||||
| 17 | committee to a limited activity committee under Section 9-1.8 | ||||||
| 18 | of the Election Code and complete the transition to a limited | ||||||
| 19 | activity committee within 60 days after confirmation; or (iv) | ||||||
| 20 | dissolve the candidate political committee. A person appointed | ||||||
| 21 | to an affected office who is in violation of this subsection | ||||||
| 22 | (b) on the effective date of this amendatory Act of the 101st | ||||||
| 23 | General Assembly must come into compliance within 30 days after | ||||||
| 24 | the effective date of this amendatory Act of the 101st General | ||||||
| 25 | Assembly. | ||||||
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| 1 | (c) As used in this Section: | ||||||
| 2 | "Affected office" means any office in which the appointee | ||||||
| 3 | receives any form of compensation, other than the reimbursement | ||||||
| 4 | of expenses, and whose appointment requires advise and consent | ||||||
| 5 | of the Senate. | ||||||
| 6 | "Candidate political committee" has the meaning given to | ||||||
| 7 | that term in Section 9-1.8 of the Election Code in which the | ||||||
| 8 | person subject to confirmation by the Senate is designated as | ||||||
| 9 | the candidate to be supported by the candidate political | ||||||
| 10 | committee under Section 9-2 of the Code.
| ||||||
| 11 | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
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| 12 | Sec. 4A-102. The statement of economic interests required | ||||||
| 13 | by this Article
shall include the economic interests of the | ||||||
| 14 | person making the statement as
provided in this Section. | ||||||
| 15 | (a) The interest (if constructively controlled by the
| ||||||
| 16 | person making the statement) of a spouse or any other party, | ||||||
| 17 | shall be
considered to be the same as the interest of the | ||||||
| 18 | person making the
statement. Campaign receipts shall not be | ||||||
| 19 | included in this statement. The following interests shall be | ||||||
| 20 | listed by all persons required to file: | ||||||
| 21 | (1) each asset that has a value of more than $5,000 as | ||||||
| 22 | of the end of the preceding calendar year and is: (i) held | ||||||
| 23 | in the filer's name, (ii) held jointly by the filer with | ||||||
| 24 | his or her spouse, or (iii) held jointly by the filer with | ||||||
| 25 | his or her minor child or children. For a beneficial | ||||||
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| |||||||
| 1 | interest in a trust, the value is based on the total value | ||||||
| 2 | of the assets either subject to the beneficial interest, or | ||||||
| 3 | from which income is to be derived for the benefit of the | ||||||
| 4 | beneficial interest, regardless of whether any | ||||||
| 5 | distributions have been made for the benefit of the | ||||||
| 6 | beneficial interest; | ||||||
| 7 | (2) excluding the income from the position that | ||||||
| 8 | requires the filing of a statement of economic interests | ||||||
| 9 | under this Act, each source of income in excess of $1,200 | ||||||
| 10 | during the preceding calendar year (as required to be | ||||||
| 11 | reported on the filer's federal income tax return covering | ||||||
| 12 | the preceding calendar year) for the filer and his or her | ||||||
| 13 | spouse and, if the sale or transfer of an asset produced | ||||||
| 14 | more than $5,000 in capital gains during the preceding | ||||||
| 15 | calendar year, the transaction date on which that asset was | ||||||
| 16 | sold or transferred; | ||||||
| 17 | (3) each creditor of a debt in excess of $5,000 that, | ||||||
| 18 | during the preceding calendar year, was: (i) owed by the | ||||||
| 19 | filer, (ii) owed jointly by the filer with his or her | ||||||
| 20 | spouse or (iii) owed jointly by the filer with his or her | ||||||
| 21 | minor child or children; | ||||||
| 22 | (4) the name of each unit of government of which the | ||||||
| 23 | filer or his or her spouse was an employee, contractor, or | ||||||
| 24 | office holder during the preceding calendar year other than | ||||||
| 25 | the unit or units of government in relation to which the | ||||||
| 26 | person is required to file and the title of the position or | ||||||
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| 1 | nature of the contractual services; | ||||||
| 2 | (5) each person known to the filer to be registered as | ||||||
| 3 | a lobbyist with any unit of government in the State of | ||||||
| 4 | Illinois: (i) with whom the filer maintains an economic | ||||||
| 5 | relationship, or (ii) who is a member of the filer's | ||||||
| 6 | family; and | ||||||
| 7 | 67) each source and type of gift or gifts, or | ||||||
| 8 | honorarium or honoraria, valued singly or in the aggregate | ||||||
| 9 | in excess of $500 that was received during the preceding | ||||||
| 10 | calendar year, excluding any gift or gifts from a member of | ||||||
| 11 | the filer's family that was not known to the filer to be | ||||||
| 12 | registered as a lobbyist with any unit of government in the | ||||||
| 13 | State of Illinois. | ||||||
| 14 | For the purposes of this Section, the unit of local | ||||||
| 15 | government in relation to which a person is required to file | ||||||
| 16 | under item (e) of Section 4A-101.5 shall be the unit of local | ||||||
| 17 | government that contributes to the pension fund of which such | ||||||
| 18 | person is a member of the board. | ||||||
| 19 | (b) Beginning December 1, 2025, and for every 5 years | ||||||
| 20 | thereafter, the Secretary of State shall adjust the amounts | ||||||
| 21 | specified under this Section that prompt disclosure under this | ||||||
| 22 | Act for purposes of inflation as determined by the Consumer | ||||||
| 23 | Price Index for All Urban Consumers as issued by the United | ||||||
| 24 | States Department of Labor and rounded to the nearest $100. The | ||||||
| 25 | Secretary shall publish this information on the official | ||||||
| 26 | website of the Secretary of State, and make changes to the | ||||||
| |||||||
| |||||||
| 1 | statement of economic interest form to be completed for the | ||||||
| 2 | following year. | ||||||
| 3 | (c) The Secretary of State shall develop and make publicly | ||||||
| 4 | available on his or her website written guidance relating to | ||||||
| 5 | the completion and filing of the statement of economic | ||||||
| 6 | interests upon which a filer may reasonably and in good faith | ||||||
| 7 | rely. | ||||||
| 8 | The interest (if constructively controlled by the
person making | ||||||
| 9 | the statement) of a spouse or any other party, shall be
| ||||||
| 10 | considered to be the same as the interest of the person making | ||||||
| 11 | the
statement. Campaign receipts shall not be included in this | ||||||
| 12 | statement.
| ||||||
| 13 | (a) The following interests shall be listed by all | ||||||
| 14 | persons required to
file:
| ||||||
| 15 | (1) The name, address and type of practice of any | ||||||
| 16 | professional
organization or individual professional | ||||||
| 17 | practice in which the person making
the statement was | ||||||
| 18 | an officer, director, associate, partner or | ||||||
| 19 | proprietor,
or served in any advisory capacity, from | ||||||
| 20 | which income in excess of $1200
was derived during the | ||||||
| 21 | preceding calendar year;
| ||||||
| 22 | (2) The nature of professional services (other | ||||||
| 23 | than services rendered to
the unit or units of | ||||||
| 24 | government in relation to which the person is required
| ||||||
| 25 | to file)
and the nature of the entity to which they | ||||||
| 26 | were rendered if fees exceeding
$5,000 were received | ||||||
| |||||||
| |||||||
| 1 | during the preceding calendar year from the entity for
| ||||||
| 2 | professional services rendered by the person making | ||||||
| 3 | the statement.
| ||||||
| 4 | (3) The identity (including the address or legal | ||||||
| 5 | description of real
estate) of any capital asset from | ||||||
| 6 | which a capital gain of $5,000 or more
was realized in | ||||||
| 7 | the preceding calendar year.
| ||||||
| 8 | (4) The name of any unit of government which has | ||||||
| 9 | employed the person
making the statement during the | ||||||
| 10 | preceding calendar year other than the unit
or units of | ||||||
| 11 | government in relation to which the person is required | ||||||
| 12 | to file.
| ||||||
| 13 | (5) The name of any entity from which a gift or | ||||||
| 14 | gifts, or honorarium or
honoraria, valued singly or in | ||||||
| 15 | the aggregate in excess of $500, was
received during | ||||||
| 16 | the preceding calendar year.
| ||||||
| 17 | (b) The following interests shall also be listed by | ||||||
| 18 | persons listed in
items (a) through (f), item (l), item | ||||||
| 19 | (n), and item (p) of Section 4A-101:
| ||||||
| 20 | (1) The name and instrument of ownership in any | ||||||
| 21 | entity doing business in
the State of Illinois, in | ||||||
| 22 | which an ownership interest held by the person at
the | ||||||
| 23 | date of filing is in excess of $5,000 fair market value | ||||||
| 24 | or from which
dividends of in excess of $1,200 were | ||||||
| 25 | derived during the preceding calendar
year. (In the | ||||||
| 26 | case of real estate, location thereof shall be listed | ||||||
| |||||||
| |||||||
| 1 | by
street address, or if none, then by legal | ||||||
| 2 | description). No time or demand
deposit in a financial | ||||||
| 3 | institution, nor any debt instrument need be listed;
| ||||||
| 4 | (2) Except for professional service entities, the | ||||||
| 5 | name of any entity and
any position held therein from | ||||||
| 6 | which income of in excess of $1,200 was
derived during | ||||||
| 7 | the preceding calendar year, if the entity does | ||||||
| 8 | business in
the State of Illinois. No time or demand | ||||||
| 9 | deposit in a financial
institution, nor any debt | ||||||
| 10 | instrument need be listed.
| ||||||
| 11 | (3) The identity of any compensated lobbyist with | ||||||
| 12 | whom the person making
the statement maintains a close | ||||||
| 13 | economic association, including the name of
the | ||||||
| 14 | lobbyist and specifying the legislative matter or | ||||||
| 15 | matters which are the
object of the lobbying activity, | ||||||
| 16 | and describing the general type of
economic activity of | ||||||
| 17 | the client or principal on whose behalf that person is
| ||||||
| 18 | lobbying.
| ||||||
| 19 | (c) The following interests shall also be listed by | ||||||
| 20 | persons listed in
items (a) through (c) and item (e) of | ||||||
| 21 | Section 4A-101.5:
| ||||||
| 22 | (1) The name and instrument of ownership in any | ||||||
| 23 | entity doing business
with a unit of local government | ||||||
| 24 | in relation to which the person is
required to file if | ||||||
| 25 | the ownership interest of the person filing is greater
| ||||||
| 26 | than $5,000 fair market value as of the date of filing | ||||||
| |||||||
| |||||||
| 1 | or if dividends in
excess of $1,200 were received from | ||||||
| 2 | the entity during the preceding
calendar year. (In the | ||||||
| 3 | case of real estate, location thereof shall be
listed | ||||||
| 4 | by street address, or if none, then by legal | ||||||
| 5 | description). No time
or demand deposit in a financial | ||||||
| 6 | institution, nor any debt instrument need
be listed.
| ||||||
| 7 | (2) Except for professional service entities, the | ||||||
| 8 | name of any entity and
any position held therein from | ||||||
| 9 | which income in excess of $1,200 was derived
during the | ||||||
| 10 | preceding calendar year if the entity does business | ||||||
| 11 | with a
unit of local government in relation to which | ||||||
| 12 | the person is required to
file. No time or demand | ||||||
| 13 | deposit in a financial institution, nor any debt
| ||||||
| 14 | instrument need be listed.
| ||||||
| 15 | (3) The name of any entity and the nature of the | ||||||
| 16 | governmental action
requested by any entity which has | ||||||
| 17 | applied to a unit of local
government
in relation to | ||||||
| 18 | which the person must file for any license, franchise | ||||||
| 19 | or
permit for annexation, zoning or rezoning of real | ||||||
| 20 | estate during the
preceding calendar year if the | ||||||
| 21 | ownership interest of the person filing is
in excess of | ||||||
| 22 | $5,000 fair market value at the time of filing or if | ||||||
| 23 | income or
dividends in excess of $1,200 were received | ||||||
| 24 | by the person filing from the
entity during the | ||||||
| 25 | preceding calendar year.
| ||||||
| 26 | For the purposes of this Section, the unit of local | ||||||
| |||||||
| |||||||
| 1 | government in relation to which a person required to file under | ||||||
| 2 | item (e) of Section 4A-101.5 shall be the unit of local | ||||||
| 3 | government that contributes to the pension fund of which such | ||||||
| 4 | person is a member of the board. | ||||||
| 5 | (Source: P.A. 101-221, eff. 8-9-19.)
| ||||||
| 6 | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| ||||||
| 7 | Sec. 4A-103.
The statement of economic interests required | ||||||
| 8 | by this Article to be filed
with the Secretary of State or | ||||||
| 9 | county clerk shall be filled in by
typewriting or hand | ||||||
| 10 | printing, shall be verified, dated, and signed by the
person | ||||||
| 11 | making the statement and shall contain substantially the | ||||||
| 12 | following:
| ||||||
| 13 | STATEMENT OF ECONOMIC INTERESTS | ||||||
| 14 | INSTRUCTIONS: | ||||||
| 15 | You may find the following documents helpful to you in | ||||||
| 16 | completing this form: | ||||||
| 17 | (1) federal income tax returns, including any related | ||||||
| 18 | schedules, attachments, and forms; and | ||||||
| 19 | (2) investment and brokerage statements. | ||||||
| 20 | To complete this form, you do not need to disclose specific | ||||||
| 21 | amounts or values or report interests relating either to | ||||||
| 22 | political committees registered with the Illinois State Board | ||||||
| 23 | of Elections or to political committees, principal campaign | ||||||
| |||||||
| |||||||
| 1 | committees, or authorized committees registered with the | ||||||
| 2 | Federal Election Commission. | ||||||
| 3 | The information you disclose will be available to the | ||||||
| 4 | public. | ||||||
| 5 | You must answer all 6 questions. Certain questions will ask | ||||||
| 6 | you to report any applicable assets or debts held in, or | ||||||
| 7 | payable to, your name; held jointly by, or payable to, you with | ||||||
| 8 | your spouse; or held jointly by, or payable to, you with your | ||||||
| 9 | minor child. If you have any concerns about whether an interest | ||||||
| 10 | should be reported, please consult your department's ethics | ||||||
| 11 | officer, if applicable. | ||||||
| 12 | Please ensure that the information you provide is complete | ||||||
| 13 | and accurate. If you need more space than the form allows, | ||||||
| 14 | please attach additional pages for your response. If you are | ||||||
| 15 | subject to the State Officials and Employees Ethics Act, your | ||||||
| 16 | ethics officer must review your statement of economic interests | ||||||
| 17 | before you file it. Failure to complete the statement in good | ||||||
| 18 | faith and within the prescribed deadline may subject you to | ||||||
| 19 | fines, imprisonment, or both.
| ||||||
| 20 | BASIC INFORMATION: | ||||||
| 21 | Name:........................................................ | ||||||
| 22 | Job title:................................................... | ||||||
| 23 | Office, department, or agency that requires you to file this | ||||||
| 24 | form:........................................................ | ||||||
| 25 | Other offices, departments, or agencies that require you to | ||||||
| |||||||
| |||||||
| 1 | file a Statement of Economic Interests form: ................ | ||||||
| 2 | Full mailing address:........................................ | ||||||
| 3 | Preferred e-mail address (optional):.........................
| ||||||
| 4 | QUESTIONS: | ||||||
| 5 | 1. If you have any single asset that was worth more than | ||||||
| 6 | $5,000 as of the end of the preceding calendar year and is held | ||||||
| 7 | in, or payable to, your name, held jointly by, or payable to, | ||||||
| 8 | you with your spouse, or held jointly by, or payable to, you | ||||||
| 9 | with your minor child,
list such assets below. In the case of | ||||||
| 10 | investment real estate, list the city and state where the | ||||||
| 11 | investment real estate is located. If you do not have any such | ||||||
| 12 | assets, list "none" below. | ||||||
| 13 | ............................................................. | ||||||
| 14 | ............................................................. | ||||||
| 15 | ............................................................. | ||||||
| 16 | ............................................................. | ||||||
| 17 | ............................................................. | ||||||
| 18 | 2. Excluding the position for which you are required to | ||||||
| 19 | file this form, list the source of any income in excess of | ||||||
| 20 | $1,200 required to be reported during the preceding calendar | ||||||
| 21 | year. If you sold an asset that produced more than $5,000 in | ||||||
| 22 | capital gains in the preceding calendar year, list the name of | ||||||
| 23 | the asset and the transaction date on which the sale or | ||||||
| 24 | transfer took place. If you had no such sources of income or | ||||||
| 25 | assets, list "none" below.
| ||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| 6 | 3. Excluding debts incurred on terms available to the | |||||||||||||||||||||
| 7 | general public, such as mortgages, student loans, and credit | |||||||||||||||||||||
| 8 | card debts, if you owed any single debt in the preceding | |||||||||||||||||||||
| 9 | calendar year exceeding $5,000, list the creditor of the debt | |||||||||||||||||||||
| 10 | below. If you had no such debts, list "none" below. | |||||||||||||||||||||
| 11 | List the creditor for all applicable debts owed by you, | |||||||||||||||||||||
| 12 | owed jointly by you with your spouse, or owed jointly by you | |||||||||||||||||||||
| 13 | with your minor child. In addition to the types of debts listed | |||||||||||||||||||||
| 14 | above, you do not need to report any debts to or from financial | |||||||||||||||||||||
| 15 | institutions or government agencies, such as debts secured by | |||||||||||||||||||||
| 16 | automobiles, household furniture or appliances, as long as the | |||||||||||||||||||||
| 17 | debt was made on terms available to the general public, debts | |||||||||||||||||||||
| 18 | to members of your family, or debts to or from a political | |||||||||||||||||||||
| 19 | committee registered with the Illinois State Board of Elections | |||||||||||||||||||||
| 20 | or any political committee, principal campaign committee, or | |||||||||||||||||||||
| 21 | authorized committee registered with the Federal Election | |||||||||||||||||||||
| 22 | Commission. | |||||||||||||||||||||
| 23 | ............................................................. | |||||||||||||||||||||
| 24 | ............................................................. | |||||||||||||||||||||
| 25 | ............................................................. | |||||||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
| 1 | ............................................................. | |||||||||||||||||
| 2 | 4. List the name of each unit of government of which you or | |||||||||||||||||
| 3 | your spouse were an employee, contractor, or office holder | |||||||||||||||||
| 4 | during the preceding calendar year other than the unit or units | |||||||||||||||||
| 5 | of government in relation to which the person is required to | |||||||||||||||||
| 6 | file and the title of the position or nature of the contractual | |||||||||||||||||
| 7 | services.
| |||||||||||||||||
| ||||||||||||||||||
| 12 | 5. If you maintain an economic relationship with a lobbyist | |||||||||||||||||
| 13 | or if a member of your family is known to you to be a lobbyist | |||||||||||||||||
| 14 | registered with any unit of government in the State of | |||||||||||||||||
| 15 | Illinois, list the name of the lobbyist below and identify the | |||||||||||||||||
| 16 | nature of your relationship with the lobbyist. If you do not | |||||||||||||||||
| 17 | have an economic relationship with a lobbyist or a family | |||||||||||||||||
| 18 | member known to you to be a lobbyist registered with any unit | |||||||||||||||||
| 19 | of government in the State of Illinois, list "none" below.
| |||||||||||||||||
| ||||||||||||||||||
| 24 | 6. List the name of each person, organization, or entity | |||||||||||||||||
| |||||||
| |||||||
| 1 | that was the source of a gift or gifts, or honorarium or | ||||||
| 2 | honoraria, valued singly or in the aggregate in excess of $500 | ||||||
| 3 | received during the preceding calendar year and the type of | ||||||
| 4 | gift or gifts, or honorarium or honoraria, excluding any gift | ||||||
| 5 | or gifts from a member of your family that was not known to be a | ||||||
| 6 | lobbyist registered with any unit of government in the State of | ||||||
| 7 | Illinois. If you had no such gifts, list "none" below. | ||||||
| 8 | ............................................................. | ||||||
| 9 | ............................................................. | ||||||
| 10 | .............................................................
| ||||||
| 11 | VERIFICATION: | ||||||
| 12 | "I declare that this statement of economic interests | ||||||
| 13 | (including any attachments) has been examined by me and to the | ||||||
| 14 | best of my knowledge and belief is a true, correct and complete | ||||||
| 15 | statement of my economic interests as required by the Illinois | ||||||
| 16 | Governmental Ethics Act. I understand that the penalty for | ||||||
| 17 | willfully filing a false or incomplete statement is a fine not | ||||||
| 18 | to exceed $2,500 or imprisonment in a penal institution other | ||||||
| 19 | than the penitentiary not to exceed one year, or both fine and | ||||||
| 20 | imprisonment." | ||||||
| 21 | Printed Name of Filer:....................................... | ||||||
| 22 | Date:........................................................ | ||||||
| 23 | Signature:...................................................
| ||||||
| 24 | If this statement of economic interests requires ethics officer | ||||||
| |||||||
| |||||||
| 1 | review prior to filing, the applicable ethics officer must | ||||||
| 2 | complete the following:
| ||||||
| 3 | CERTIFICATION OF ETHICS OFFICER REVIEW: | ||||||
| 4 | "In accordance with law, as Ethics Officer, I reviewed this | ||||||
| 5 | statement of economic interests prior to its filing."
| ||||||
| 6 | Printed Name of Ethics Officer:.............................. | ||||||
| 7 | Date:........................................................ | ||||||
| 8 | Signature:................................................... | ||||||
| 9 | Preferred e-mail address (optional):......................... | ||||||
| 10 | STATEMENT OF ECONOMIC INTEREST
| ||||||
| 11 | (TYPE OR HAND PRINT)
| ||||||
| 12 |
| ||||||
| 13 | (name)
| ||||||
| 14 |
| ||||||
| 15 | (each office or position of employment for which this
statement | ||||||
| 16 | is filed)
| ||||||
| 17 |
| ||||||
| 18 | (full mailing address)
| ||||||
| 19 | GENERAL DIRECTIONS:
| ||||||
| 20 | The interest (if constructively controlled by the person | ||||||
| 21 | making the
statement) of a spouse or any other party, shall be | ||||||
| 22 | considered to be the
same as the interest of the person making | ||||||
| 23 | the statement.
| ||||||
| 24 | Campaign receipts shall not be included in this statement.
| ||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| 1 | If additional space is needed, please attach supplemental | |||||||||||||||||||||
| 2 | listing.
| |||||||||||||||||||||
| 3 | 1. List the name and instrument of ownership in any entity | |||||||||||||||||||||
| 4 | doing
business in the State of Illinois, in which the ownership | |||||||||||||||||||||
| 5 | interest held by
the person at the date of filing is in excess | |||||||||||||||||||||
| 6 | of $5,000 fair market value
or from which dividends in excess | |||||||||||||||||||||
| 7 | of $1,200 were derived during the
preceding calendar year. (In | |||||||||||||||||||||
| 8 | the case of real estate, location thereof
shall be listed by | |||||||||||||||||||||
| 9 | street address, or if none, then by legal description.)
No time | |||||||||||||||||||||
| 10 | or demand deposit in a financial institution, nor any debt
| |||||||||||||||||||||
| 11 | instrument need be listed.
| |||||||||||||||||||||
| ||||||||||||||||||||||
| 17 | 2. List the name, address and type of practice of any | |||||||||||||||||||||
| 18 | professional
organization in which the person making the | |||||||||||||||||||||
| 19 | statement was an officer,
director, associate, partner or | |||||||||||||||||||||
| 20 | proprietor or served in any advisory
capacity, from which | |||||||||||||||||||||
| 21 | income in excess of $1,200 was derived during the
preceding | |||||||||||||||||||||
| 22 | calendar year.
| |||||||||||||||||||||
| ||||||||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
| 1 | 3. List the nature of professional services rendered (other | ||||||||||||||||
| 2 | than to the
State of Illinois) to each entity from which income | ||||||||||||||||
| 3 | exceeding $5,000 was
received for professional services | ||||||||||||||||
| 4 | rendered during the preceding calendar
year by the person | ||||||||||||||||
| 5 | making the statement.
| ||||||||||||||||
| 6 |
| ||||||||||||||||
| 7 |
| ||||||||||||||||
| 8 | 4. List the identity (including the address or legal | ||||||||||||||||
| 9 | description of real
estate) of any capital asset from which a | ||||||||||||||||
| 10 | capital gain of $5,000 or more
was realized during the | ||||||||||||||||
| 11 | preceding calendar year.
| ||||||||||||||||
| 12 |
| ||||||||||||||||
| 13 |
| ||||||||||||||||
| 14 | 5. List the identity of any compensated lobbyist with whom | ||||||||||||||||
| 15 | the person
making the statement maintains a close economic | ||||||||||||||||
| 16 | association, including the
name of the lobbyist and specifying | ||||||||||||||||
| 17 | the legislative matter or matters which
are the object of the | ||||||||||||||||
| 18 | lobbying activity, and describing the general type of
economic | ||||||||||||||||
| 19 | activity of the client or principal on whose behalf that person | ||||||||||||||||
| 20 | is
lobbying.
| ||||||||||||||||
| |||||||||||||||||
| 24 | 6. List the name of any entity doing business in the State | ||||||||||||||||
| 25 | of Illinois
from which income in excess of $1,200 was derived | ||||||||||||||||
| 26 | during the preceding
calendar year other than for professional | ||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
| 1 | services and the title or
description of any position held in | |||||||||||||||||
| 2 | that entity. (In the case of real
estate, location thereof | |||||||||||||||||
| 3 | shall be listed by street address, or if none,
then by legal | |||||||||||||||||
| 4 | description). No time or demand deposit in a financial
| |||||||||||||||||
| 5 | institution nor any debt instrument need be listed.
| |||||||||||||||||
| ||||||||||||||||||
| 10 | 7. List the name of any unit of government which employed | |||||||||||||||||
| 11 | the person
making the statement during the preceding calendar | |||||||||||||||||
| 12 | year other than the unit
or units
of government in relation to | |||||||||||||||||
| 13 | which the person is required to file.
| |||||||||||||||||
| 14 |
| |||||||||||||||||
| 15 |
| |||||||||||||||||
| 16 | 8. List the name of any entity from which a gift or gifts, | |||||||||||||||||
| 17 | or honorarium
or honoraria, valued singly or in the aggregate | |||||||||||||||||
| 18 | in excess of $500, was
received during the preceding calendar | |||||||||||||||||
| 19 | year.
| |||||||||||||||||
| 20 |
| |||||||||||||||||
| 21 | VERIFICATION:
| |||||||||||||||||
| 22 | "I declare that this statement of economic interests | |||||||||||||||||
| 23 | (including any
accompanying schedules and statements) has been | |||||||||||||||||
| 24 | examined by me and to the
best of my knowledge and belief is a | |||||||||||||||||
| 25 | true, correct and complete statement
of my economic interests | |||||||||||||||||
| 26 | as required by the Illinois Governmental Ethics
Act. I | |||||||||||||||||
| |||||||
| |||||||
| 1 | understand that the penalty for willfully filing a false or
| ||||||
| 2 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
| 3 | imprisonment
in a penal institution other than the penitentiary | ||||||
| 4 | not to exceed one year,
or both fine and imprisonment."
| ||||||
| 5 | ..........................................................
| ||||||
| 6 | (date of filing)(signature of person making the statement)
| ||||||
| 7 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
| 8 | (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
| ||||||
| 9 | Sec. 4A-107. Any person required to file a statement of | ||||||
| 10 | economic interests
under this Article who willfully files a | ||||||
| 11 | false or incomplete statement shall be
guilty of a Class A | ||||||
| 12 | misdemeanor; provided, a filer's statement made in reasonable, | ||||||
| 13 | good faith reliance on the guidance provided by the Secretary | ||||||
| 14 | of State pursuant Section 4A-102 or his or her ethics officer | ||||||
| 15 | shall not constitute a willful false or incomplete statement.
| ||||||
| 16 | Except when the fees and penalties for late filing have | ||||||
| 17 | been waived under Section 4A-105, failure to file a statement | ||||||
| 18 | within the time prescribed shall result in
ineligibility for, | ||||||
| 19 | or forfeiture of, office or position of employment, as
the case | ||||||
| 20 | may be; provided, however, that if the notice of failure to
| ||||||
| 21 | file a statement of economic interests provided in Section | ||||||
| 22 | 4A-105 of this
Act is not given by the Secretary of State or | ||||||
| 23 | the county clerk, as the case
may be, no forfeiture shall | ||||||
| 24 | result if a statement is filed within 30 days
of actual notice | ||||||
| 25 | of the failure to file. The Secretary of State shall provide | ||||||
| |||||||
| |||||||
| 1 | the Attorney General with the names of persons who failed to | ||||||
| 2 | file a statement. The county clerk shall provide the State's | ||||||
| 3 | Attorney of the county of the entity for which the filing of | ||||||
| 4 | statement of economic interest is required with the name of | ||||||
| 5 | persons who failed to file a statement.
| ||||||
| 6 | The Attorney General, with respect to offices or positions | ||||||
| 7 | described in
items (a) through (f) and items (j), (l), (n), and | ||||||
| 8 | (p) of Section 4A-101 of this
Act, or the State's
Attorney of | ||||||
| 9 | the county of the entity for which the filing of statements of
| ||||||
| 10 | economic interests is required, with respect to offices or | ||||||
| 11 | positions
described in items (a) through (e) of
Section | ||||||
| 12 | 4A-101.5,
shall bring an action in quo warranto against any | ||||||
| 13 | person who has failed to file
by either May 31 or June 30 of any | ||||||
| 14 | given year and for whom the fees and penalties for late filing | ||||||
| 15 | have not been waived under Section 4A-105.
| ||||||
| 16 | (Source: P.A. 101-221, eff. 8-9-19.)
| ||||||
| 17 | (5 ILCS 420/4A-108) | ||||||
| 18 | Sec. 4A-108. Internet-based systems of filing. | ||||||
| 19 | (a) Notwithstanding any other provision of this Act or any | ||||||
| 20 | other law, the Secretary of State and county clerks are | ||||||
| 21 | authorized to institute an Internet-based system for the filing | ||||||
| 22 | of statements of economic interests in their offices. With | ||||||
| 23 | respect to county clerk systems, the determination to institute | ||||||
| 24 | such a system shall be in the sole discretion of the county | ||||||
| 25 | clerk and shall meet the requirements set out in this Section. | ||||||
| |||||||
| |||||||
| 1 | With respect to a Secretary of State system, the determination | ||||||
| 2 | to institute such a system shall be in the sole discretion of | ||||||
| 3 | the Secretary of State and shall meet the requirements set out | ||||||
| 4 | in this Section and those Sections of the State Officials and | ||||||
| 5 | Employees Ethics Act requiring ethics officer review prior to | ||||||
| 6 | filing. The system shall be capable of allowing an ethics | ||||||
| 7 | officer to approve a statement of economic interests and shall | ||||||
| 8 | include a means to amend a statement of economic interests. | ||||||
| 9 | When this Section does not modify or remove the requirements | ||||||
| 10 | set forth elsewhere in this Article, those requirements shall | ||||||
| 11 | apply to any system of Internet-based filing authorized by this | ||||||
| 12 | Section. When this Section does modify or remove the | ||||||
| 13 | requirements set forth elsewhere in this Article, the | ||||||
| 14 | provisions of this Section shall apply to any system of | ||||||
| 15 | Internet-based filing authorized by this Section. | ||||||
| 16 | (b) In any system of Internet-based filing of statements of | ||||||
| 17 | economic interests instituted by the Secretary of State or a | ||||||
| 18 | county clerk: | ||||||
| 19 | (1) Any filing of an Internet-based statement of | ||||||
| 20 | economic interests shall be the equivalent of the filing of | ||||||
| 21 | a verified, written statement of economic interests as | ||||||
| 22 | required by Section 4A-101 or 4A-101.5 and the equivalent | ||||||
| 23 | of the filing of a verified, dated, and signed statement of | ||||||
| 24 | economic interests as required by Section 4A-103 4A-104. | ||||||
| 25 | (2) The Secretary of State and county clerks who | ||||||
| 26 | institute a system of Internet-based filing of statements | ||||||
| |||||||
| |||||||
| 1 | of economic interests shall establish a password-protected | ||||||
| 2 | website to receive the filings of such statements. A | ||||||
| 3 | website established under this Section shall set forth and | ||||||
| 4 | provide a means of responding to the items set forth in | ||||||
| 5 | Section 4A-103 4A-102 that are required of a person who | ||||||
| 6 | files a statement of economic interests with that officer. | ||||||
| 7 | A website established under this Section shall set forth | ||||||
| 8 | and provide a means of generating a printable receipt page | ||||||
| 9 | acknowledging filing. | ||||||
| 10 | (3) The times for the filing of statements of economic | ||||||
| 11 | interests set forth in Section 4A-105 shall be followed in | ||||||
| 12 | any system of Internet-based filing of statements of | ||||||
| 13 | economic interests; provided that a candidate for elective | ||||||
| 14 | office who is required to file a statement of economic | ||||||
| 15 | interests in relation to his or her candidacy pursuant to | ||||||
| 16 | Section 4A-105(a) shall receive a written or printed | ||||||
| 17 | receipt for his or her filing. | ||||||
| 18 | A candidate filing for Governor, Lieutenant Governor, | ||||||
| 19 | Attorney General, Secretary of State, Treasurer, | ||||||
| 20 | Comptroller, State Senate, or State House of | ||||||
| 21 | Representatives, Supreme Court Justice, appellate court | ||||||
| 22 | judge, circuit court judge, or judicial retention shall not | ||||||
| 23 | use the Internet to file his or her statement of economic | ||||||
| 24 | interests, but shall file his or her statement of economic | ||||||
| 25 | interests in a written or printed form and shall receive a | ||||||
| 26 | written or printed receipt for his or her filing. Annually, | ||||||
| |||||||
| |||||||
| 1 | the duly appointed ethics officer for each legislative | ||||||
| 2 | caucus shall certify to the Secretary of State whether his | ||||||
| 3 | or her caucus members will file their statements of | ||||||
| 4 | economic interests electronically or in a written or | ||||||
| 5 | printed format for that year. If the ethics officer for a | ||||||
| 6 | caucus certifies that the statements of economic interests | ||||||
| 7 | shall be written or printed, then members of the General | ||||||
| 8 | Assembly of that caucus shall not use the Internet to file | ||||||
| 9 | his or her statement of economic interests, but shall file | ||||||
| 10 | his or her statement of economic interests in a written or | ||||||
| 11 | printed form and shall receive a written or printed receipt | ||||||
| 12 | for his or her filing. If no certification is made by an | ||||||
| 13 | ethics officer for a legislative caucus, or if a member of | ||||||
| 14 | the General Assembly is not affiliated with a legislative | ||||||
| 15 | caucus, then the affected member or members of the General | ||||||
| 16 | Assembly may file their statements of economic interests | ||||||
| 17 | using the Internet. | ||||||
| 18 | (4) In the first year of the implementation of a system | ||||||
| 19 | of Internet-based filing of statements of economic | ||||||
| 20 | interests, each person required to file such a statement is | ||||||
| 21 | to be notified in writing of his or her obligation to file | ||||||
| 22 | his or her statement of economic interests by way of the | ||||||
| 23 | Internet-based system. If access to the website web site | ||||||
| 24 | requires a code or password, this information shall be | ||||||
| 25 | included in the notice prescribed by this paragraph. | ||||||
| 26 | (5) When a person required to file a statement of | ||||||
| |||||||
| |||||||
| 1 | economic interests has supplied the Secretary of State or a | ||||||
| 2 | county clerk, as applicable, with an email address for the | ||||||
| 3 | purpose of receiving notices under this Article by email, a | ||||||
| 4 | notice sent by email to the supplied email address shall be | ||||||
| 5 | the equivalent of a notice sent by first class mail, as set | ||||||
| 6 | forth in Section 4A-106 or 4A-106.5. A person who has | ||||||
| 7 | supplied such an email address shall notify the Secretary | ||||||
| 8 | of State or county clerk, as applicable, when his or her | ||||||
| 9 | email address changes or if he or she no longer wishes to | ||||||
| 10 | receive notices by email. | ||||||
| 11 | (6) If any person who is required to file a statement | ||||||
| 12 | of economic interests and who has chosen to receive notices | ||||||
| 13 | by email fails to file his or her statement by May 10, then | ||||||
| 14 | the Secretary of State or county clerk, as applicable, | ||||||
| 15 | shall send an additional email notice on that date, | ||||||
| 16 | informing the person that he or she has not filed and | ||||||
| 17 | describing the penalties for late filing and failing to | ||||||
| 18 | file. This notice shall be in addition to other notices | ||||||
| 19 | provided for in this Article. | ||||||
| 20 | (7) The Secretary of State and each county clerk who | ||||||
| 21 | institutes a system of Internet-based filing of statements | ||||||
| 22 | of economic interests may also institute an Internet-based | ||||||
| 23 | process for the filing of the list of names and addresses | ||||||
| 24 | of persons required to file statements of economic | ||||||
| 25 | interests by the chief administrative officers that must | ||||||
| 26 | file such information with the Secretary of State or county | ||||||
| |||||||
| |||||||
| 1 | clerk, as applicable, pursuant to Section 4A-106 or | ||||||
| 2 | 4A-106.5. Whenever the Secretary of State or a county clerk | ||||||
| 3 | institutes such a system under this paragraph, every chief | ||||||
| 4 | administrative officer must use the system to file this | ||||||
| 5 | information. | ||||||
| 6 | (8) The Secretary of State and any county clerk who | ||||||
| 7 | institutes a system of Internet-based filing of statements | ||||||
| 8 | of economic interests shall post the contents of such | ||||||
| 9 | statements filed with him or her available for inspection | ||||||
| 10 | and copying on a publicly accessible website. Such postings | ||||||
| 11 | shall not include the addresses or signatures of the | ||||||
| 12 | filers.
| ||||||
| 13 | (Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19; | ||||||
| 14 | revised 9-12-19.)
| ||||||
| 15 | (5 ILCS 420/4A-104 rep.)
| ||||||
| 16 | Section 10. The Illinois Governmental Ethics Act is amended | ||||||
| 17 | by repealing Section 4A-104 on January 1, 2022.
| ||||||
| 18 | Section 15. The State Officials and Employees Ethics Act is | ||||||
| 19 | amended by changing Sections 5-40, 5-45, 25-5, 25-10, and 25-15 | ||||||
| 20 | as follows:
| ||||||
| 21 | (5 ILCS 430/5-40)
| ||||||
| 22 | Sec. 5-40. Fundraising in Sangamon County. Except as | ||||||
| 23 | provided in this
Section, any executive branch constitutional | ||||||
| |||||||
| |||||||
| 1 | officer, any candidate for an
executive branch constitutional | ||||||
| 2 | office, any member of the General Assembly,
any candidate for | ||||||
| 3 | the General Assembly, any political caucus of the General
| ||||||
| 4 | Assembly, or any political committee on behalf of any of the | ||||||
| 5 | foregoing may not
hold a political fundraising function in | ||||||
| 6 | Sangamon County or a virtual fundraising function on any day | ||||||
| 7 | the legislature is
in session or the day immediately prior to | ||||||
| 8 | or immediately after such day; except that executive branch | ||||||
| 9 | constitutional officers, candidates for an executive branch | ||||||
| 10 | constitutional office, members of the General Assembly, and | ||||||
| 11 | candidates candidate for the General Assembly may have a | ||||||
| 12 | virtual fundraising function on the day before or after a day | ||||||
| 13 | the legislature is in session if the officer, member, or | ||||||
| 14 | candidate is not in Sangamon County (i) during the period | ||||||
| 15 | beginning February 1 and ending on the later
of the actual | ||||||
| 16 | adjournment dates
of either house of the spring session and | ||||||
| 17 | (ii) during fall veto session. For purposes of this Section, | ||||||
| 18 | the legislature is not considered to be in
session on a day | ||||||
| 19 | that is solely a perfunctory session day or on a day when only
| ||||||
| 20 | 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
legislative | ||||||
| 26 | or representative district.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-555, eff. 8-18-09.)
| ||||||
| 2 | (5 ILCS 430/5-45)
| ||||||
| 3 | Sec. 5-45. Procurement; revolving door prohibition.
| ||||||
| 4 | (a) No former officer, member, or State employee, or spouse | ||||||
| 5 | or
immediate family member living with such person, shall, | ||||||
| 6 | within a period of one
year immediately after termination of | ||||||
| 7 | State employment, knowingly accept
employment or receive | ||||||
| 8 | compensation or fees for services from a person or entity
if | ||||||
| 9 | the officer, member, or State employee, during the year | ||||||
| 10 | immediately
preceding termination of State employment, | ||||||
| 11 | participated personally and
substantially in the award of State | ||||||
| 12 | contracts, or the issuance of State contract change orders, | ||||||
| 13 | with a cumulative value
of $25,000
or more to the person or | ||||||
| 14 | entity, or its parent or subsidiary.
| ||||||
| 15 | (a-5) No officer, member, or spouse or immediate family | ||||||
| 16 | member living with such person shall, during the officer or | ||||||
| 17 | member's term in office or within a period of 2 years | ||||||
| 18 | immediately leaving office, hold an ownership interest, other | ||||||
| 19 | than a passive interest in a publicly traded company, in any | ||||||
| 20 | gaming license under the Illinois Gambling Act, the Video | ||||||
| 21 | Gaming Act, the Illinois Horse Racing Act of 1975, or the | ||||||
| 22 | Sports Wagering Act. Any member of the General Assembly or | ||||||
| 23 | spouse or immediate family member living with such person who | ||||||
| 24 | has an ownership interest, other than a passive interest in a | ||||||
| 25 | publicly traded company, in any gaming license under the | ||||||
| |||||||
| |||||||
| 1 | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | ||||||
| 2 | the Video Gaming Act, or the Sports Wagering Act at the time of | ||||||
| 3 | the effective date of this amendatory Act of the 101st General | ||||||
| 4 | Assembly shall divest himself or herself of such ownership | ||||||
| 5 | within one year after the effective date of this amendatory Act | ||||||
| 6 | of the 101st General Assembly. No State employee who works for | ||||||
| 7 | the Illinois Gaming Board or Illinois Racing Board or spouse or | ||||||
| 8 | immediate family member living with such person shall, during | ||||||
| 9 | State employment or within a period of 2 years immediately | ||||||
| 10 | after termination of State employment, hold an ownership | ||||||
| 11 | interest, other than a passive interest in a publicly traded | ||||||
| 12 | company, in any gaming license under the Illinois Gambling Act, | ||||||
| 13 | the Video Gaming Act, the Illinois Horse Racing Act of 1975, or | ||||||
| 14 | the Sports Wagering Act. | ||||||
| 15 | (a-10) This subsection (a-10) applies on and after June 25, | ||||||
| 16 | 2021. No officer, member, or spouse or immediate family member | ||||||
| 17 | living with such person, shall, during the officer or member's | ||||||
| 18 | term in office or within a period of 2 years immediately after | ||||||
| 19 | leaving office, hold an ownership interest, other than a | ||||||
| 20 | passive interest in a publicly traded company, in any cannabis | ||||||
| 21 | business establishment which is licensed under the Cannabis | ||||||
| 22 | Regulation and Tax Act. Any member of the General Assembly or | ||||||
| 23 | spouse or immediate family member living with such person who | ||||||
| 24 | has an ownership interest, other than a passive interest in a | ||||||
| 25 | publicly traded company, in any cannabis business | ||||||
| 26 | establishment which is licensed under the Cannabis Regulation | ||||||
| |||||||
| |||||||
| 1 | and Tax Act at the time of the effective date of this | ||||||
| 2 | amendatory Act of the 101st General Assembly shall divest | ||||||
| 3 | himself or herself of such ownership within one year after the | ||||||
| 4 | effective date of this amendatory Act of the 101st General | ||||||
| 5 | Assembly. | ||||||
| 6 | No State employee who works for any State agency that | ||||||
| 7 | regulates cannabis business establishment license holders who | ||||||
| 8 | participated personally and substantially in the award of | ||||||
| 9 | licenses under the Cannabis Regulation and Tax Act or a spouse | ||||||
| 10 | or immediate family member living with such person shall, | ||||||
| 11 | during State employment or within a period of 2 years | ||||||
| 12 | immediately after termination of State employment, hold an | ||||||
| 13 | ownership interest, other than a passive interest in a publicly | ||||||
| 14 | traded company, in any cannabis license under the Cannabis | ||||||
| 15 | Regulation and Tax Act. | ||||||
| 16 | (b) No former officer of the executive branch or State | ||||||
| 17 | employee of the
executive branch with regulatory or
licensing | ||||||
| 18 | authority, or spouse or immediate family member living with | ||||||
| 19 | such
person, shall, within a period of one year immediately | ||||||
| 20 | after termination of
State employment, knowingly accept | ||||||
| 21 | employment or receive compensation or fees
for services from a | ||||||
| 22 | person or entity if the officer
or State
employee, during the | ||||||
| 23 | year immediately preceding
termination of State employment, | ||||||
| 24 | participated personally and substantially in making a | ||||||
| 25 | regulatory or licensing decision that
directly applied to the | ||||||
| 26 | person or entity, or its parent or subsidiary. | ||||||
| |||||||
| |||||||
| 1 | (b-5) Beginning January 1, 2022, no former officer of the | ||||||
| 2 | executive branch shall, within a period of 6 months immediately | ||||||
| 3 | after leaving office or for the remainder of that officer's | ||||||
| 4 | term engage in activities at the State level that require | ||||||
| 5 | registration under the Lobbyist Registration Act.
| ||||||
| 6 | (b-7) Beginning January 1, 2022, no former member shall, | ||||||
| 7 | within a period of 6 months immediately after leaving office or | ||||||
| 8 | for the remainder of the General Assembly to which that member | ||||||
| 9 | was elected engage in activities at the State level that | ||||||
| 10 | require registration under the Lobbyist Registration Act. | ||||||
| 11 | (c) Within 6 months after the effective date of this | ||||||
| 12 | amendatory Act of the 96th General Assembly, each executive | ||||||
| 13 | branch constitutional officer and legislative leader, the | ||||||
| 14 | Auditor General, and the Joint Committee on Legislative Support | ||||||
| 15 | Services shall adopt a policy delineating which State positions | ||||||
| 16 | under his or her jurisdiction and control, by the nature of | ||||||
| 17 | their duties, may have the authority to participate personally | ||||||
| 18 | and substantially in the award of State contracts or in | ||||||
| 19 | regulatory or licensing decisions. The Governor shall adopt | ||||||
| 20 | such a policy for all State employees of the executive branch | ||||||
| 21 | not under the jurisdiction and control of any other executive | ||||||
| 22 | branch constitutional officer.
| ||||||
| 23 | The policies required under subsection (c) of this Section | ||||||
| 24 | shall be filed with the appropriate ethics commission | ||||||
| 25 | established under this Act or, for the Auditor General, with | ||||||
| 26 | the Office of the Auditor General. | ||||||
| |||||||
| |||||||
| 1 | (d) Each Inspector General shall have the authority to | ||||||
| 2 | determine that additional State positions under his or her | ||||||
| 3 | jurisdiction, not otherwise subject to the policies required by | ||||||
| 4 | subsection (c) of this Section, are nonetheless subject to the | ||||||
| 5 | notification requirement of subsection (f) below due to their | ||||||
| 6 | involvement in the award of State contracts or in regulatory or | ||||||
| 7 | licensing decisions. | ||||||
| 8 | (e) The Joint Committee on Legislative Support Services, | ||||||
| 9 | the Auditor General, and each of the executive branch | ||||||
| 10 | constitutional officers and legislative leaders subject to | ||||||
| 11 | subsection (c) of this Section shall provide written | ||||||
| 12 | notification to all employees in positions subject to the | ||||||
| 13 | policies required by subsection (c) or a determination made | ||||||
| 14 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
| 15 | into the relevant position; and (2) at the time the employee's | ||||||
| 16 | duties are changed in such a way as to qualify that employee. | ||||||
| 17 | An employee receiving notification must certify in writing that | ||||||
| 18 | the person was advised of the prohibition and the requirement | ||||||
| 19 | to notify the appropriate Inspector General in subsection (f). | ||||||
| 20 | (f) Any State employee in a position subject to the | ||||||
| 21 | policies required by subsection (c) or to a determination under | ||||||
| 22 | subsection (d), but who does not fall within the prohibition of | ||||||
| 23 | subsection (h) below, who is offered non-State employment | ||||||
| 24 | during State employment or within a period of one year | ||||||
| 25 | immediately after termination of State employment shall, prior | ||||||
| 26 | to accepting such non-State employment, notify the appropriate | ||||||
| |||||||
| |||||||
| 1 | Inspector General. Within 10 calendar days after receiving | ||||||
| 2 | notification from an employee in a position subject to the | ||||||
| 3 | policies required by subsection (c), such Inspector General | ||||||
| 4 | shall make a determination as to whether the State employee is | ||||||
| 5 | restricted from accepting such employment by subsection (a) or | ||||||
| 6 | (b). In making a determination, in addition to any other | ||||||
| 7 | relevant information, an Inspector General shall assess the | ||||||
| 8 | effect of the prospective employment or relationship upon | ||||||
| 9 | decisions referred to in subsections (a) and (b), based on the | ||||||
| 10 | totality of the participation by the former officer, member, or | ||||||
| 11 | State employee in those decisions. A determination by an | ||||||
| 12 | Inspector General must be in writing, signed and dated by the | ||||||
| 13 | Inspector General, and delivered to the subject of the | ||||||
| 14 | determination within 10 calendar days or the person is deemed | ||||||
| 15 | eligible for the employment opportunity. For purposes of this | ||||||
| 16 | subsection, "appropriate Inspector General" means (i) for | ||||||
| 17 | members and employees of the legislative branch, the | ||||||
| 18 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
| 19 | employees of the Office of the Auditor General, the Inspector | ||||||
| 20 | General provided for in Section 30-5 of this Act; and (iii) for | ||||||
| 21 | executive branch officers and employees, the Inspector General | ||||||
| 22 | having jurisdiction over the officer or employee. Notice of any | ||||||
| 23 | determination of an Inspector General and of any such appeal | ||||||
| 24 | shall be given to the ultimate jurisdictional authority, the | ||||||
| 25 | Attorney General, and the Executive Ethics Commission. | ||||||
| 26 | (g) An Inspector General's determination regarding | ||||||
| |||||||
| |||||||
| 1 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
| 2 | appropriate Ethics Commission by the person subject to the | ||||||
| 3 | decision or the Attorney General no later than the 10th | ||||||
| 4 | calendar day after the date of the determination. | ||||||
| 5 | On appeal, the Ethics Commission or Auditor General shall | ||||||
| 6 | seek, accept, and consider written public comments regarding a | ||||||
| 7 | determination. In deciding whether to uphold an Inspector | ||||||
| 8 | General's determination, the appropriate Ethics Commission or | ||||||
| 9 | Auditor General shall assess, in addition to any other relevant | ||||||
| 10 | information, the effect of the prospective employment or | ||||||
| 11 | relationship upon the decisions referred to in subsections (a) | ||||||
| 12 | and (b), based on the totality of the participation by the | ||||||
| 13 | former officer, member, or State employee in those decisions. | ||||||
| 14 | The Ethics Commission shall decide whether to uphold an | ||||||
| 15 | Inspector General's determination within 10 calendar days or | ||||||
| 16 | the person is deemed eligible for the employment opportunity. | ||||||
| 17 | (h) The following officers, members, or State employees | ||||||
| 18 | shall not, within a period of one year immediately after | ||||||
| 19 | termination of office or State employment, knowingly accept | ||||||
| 20 | employment or receive compensation or fees for services from a | ||||||
| 21 | person or entity if the person or entity or its parent or | ||||||
| 22 | subsidiary, during the year immediately preceding termination | ||||||
| 23 | of State employment, was a party to a State contract or | ||||||
| 24 | contracts with a cumulative value of $25,000 or more involving | ||||||
| 25 | the officer, member, or State employee's State agency, or was | ||||||
| 26 | the subject of a regulatory or licensing decision involving the | ||||||
| |||||||
| |||||||
| 1 | officer, member, or State employee's State agency, regardless | ||||||
| 2 | of whether he or she participated personally and substantially | ||||||
| 3 | in the award of the State contract or contracts or the making | ||||||
| 4 | of the regulatory or licensing decision in question: | ||||||
| 5 | (1) members or officers; | ||||||
| 6 | (2) members of a commission or board created by the | ||||||
| 7 | Illinois Constitution; | ||||||
| 8 | (3) persons whose appointment to office is subject to | ||||||
| 9 | the advice and consent of the Senate; | ||||||
| 10 | (4) the head of a department, commission, board, | ||||||
| 11 | division, bureau, authority, or other administrative unit | ||||||
| 12 | within the government of this State; | ||||||
| 13 | (5) chief procurement officers, State purchasing | ||||||
| 14 | officers, and their designees whose duties are directly | ||||||
| 15 | related to State procurement; | ||||||
| 16 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
| 17 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
| 18 | governors; | ||||||
| 19 | (7) employees of the Illinois Racing Board; and | ||||||
| 20 | (8) employees of the Illinois Gaming Board. | ||||||
| 21 | (i) For the purposes of this Section, with respect to | ||||||
| 22 | officers or employees of a regional transit board, as defined | ||||||
| 23 | in this Act, the phrase "person or entity" does not include: | ||||||
| 24 | (i) the United States government, (ii) the State, (iii) | ||||||
| 25 | municipalities, as defined under Article VII, Section 1 of the | ||||||
| 26 | Illinois Constitution, (iv) units of local government, as | ||||||
| |||||||
| |||||||
| 1 | defined under Article VII, Section 1 of the Illinois | ||||||
| 2 | Constitution, or (v) school districts. | ||||||
| 3 | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
| ||||||
| 4 | Section 20. The Election Code is amended by changing | ||||||
| 5 | Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5 as | ||||||
| 6 | follows:
| ||||||
| 7 | (10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
| ||||||
| 8 | Sec. 1A-14. Political activity by members of the State | ||||||
| 9 | Board of Elections. | ||||||
| 10 | (a) No member of the State Board of Elections may become a | ||||||
| 11 | candidate
for nomination for, or election to,
or accept | ||||||
| 12 | appointment to or hold any other remunerative public office or | ||||||
| 13 | public
employment or any office in a political party. No member | ||||||
| 14 | of the State Board of Elections shall: (i) contribute, either | ||||||
| 15 | financially or in services or goods or any other way, to any | ||||||
| 16 | political committee; (ii) serve as an officer of any political | ||||||
| 17 | committee; or (iii) be a candidate who is designated as the | ||||||
| 18 | candidate to be supported by a candidate political committee. | ||||||
| 19 | (b) A member of the State Board of Elections who is either | ||||||
| 20 | an officer of a political committee or a candidate who is | ||||||
| 21 | designated as the candidate to be supported by a candidate | ||||||
| 22 | political committee shall within 30 days after confirmation by | ||||||
| 23 | the Senate: (i) resign as an officer of the political | ||||||
| 24 | committee; (ii) have his or her name removed as the candidate | ||||||
| |||||||
| |||||||
| 1 | to be supported by a political committee; (iii) notify the | ||||||
| 2 | Board of the member's intent to convert the political committee | ||||||
| 3 | to a limited activity committee under Section 9-1.8, and | ||||||
| 4 | complete the transition to a limited activity committee within | ||||||
| 5 | 60 days after confirmation; or (iv) dissolve the committee. A | ||||||
| 6 | member of the State Board of Elections who is in violation of | ||||||
| 7 | this subsection (b) on the effective date of this amendatory | ||||||
| 8 | Act of the 101st General Assembly must come into compliance | ||||||
| 9 | within 30 days after the effective date of this amendatory Act | ||||||
| 10 | of the 101st General Assembly. | ||||||
| 11 | (c) Violation of any prohibition
in this Section shall | ||||||
| 12 | disqualify a member of the Board and a
vacancy is thereby | ||||||
| 13 | created. A vacancy also exists upon the occurrence of
any of | ||||||
| 14 | the events enumerated in Section 25-2 of this Act as in the | ||||||
| 15 | case
of an elective office. | ||||||
| 16 | (d) As used in this Section, "political committee" includes | ||||||
| 17 | both the meaning provided in Section 9-1.8 of this Code and the | ||||||
| 18 | meaning provided in 52 U.S.C. 30101.
| ||||||
| 19 | (Source: P.A. 80-1178.)
| ||||||
| 20 | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||||||
| 21 | Sec. 9-1.8. Political committees. | ||||||
| 22 | (a) "Political committee" includes a candidate political | ||||||
| 23 | committee, a political party committee, a political action | ||||||
| 24 | committee, a ballot initiative committee, and an independent | ||||||
| 25 | expenditure committee. | ||||||
| |||||||
| |||||||
| 1 | (b) "Candidate political committee" means the candidate | ||||||
| 2 | himself or herself or any natural person, trust, partnership, | ||||||
| 3 | corporation, or other organization or group of persons | ||||||
| 4 | designated by the candidate that accepts contributions or makes | ||||||
| 5 | expenditures during any 12-month period in an aggregate amount | ||||||
| 6 | exceeding $5,000 on behalf of the candidate. | ||||||
| 7 | (c) "Political party committee" means the State central | ||||||
| 8 | committee of a political party, a county central committee of a | ||||||
| 9 | political party, a legislative caucus committee, or a committee | ||||||
| 10 | formed by a ward or township committeeperson of a political | ||||||
| 11 | party. For purposes of this Article, a "legislative caucus | ||||||
| 12 | committee" means a committee established for the purpose of | ||||||
| 13 | electing candidates to the General Assembly by the person | ||||||
| 14 | elected President of the Senate, Minority Leader of the Senate, | ||||||
| 15 | Speaker of the House of Representatives, Minority Leader of the | ||||||
| 16 | House of Representatives, or a committee established by 5 or | ||||||
| 17 | more members of the same caucus of the Senate or 10 or more | ||||||
| 18 | members of the same caucus of the House of Representatives. | ||||||
| 19 | (d) "Political action committee" means any natural person, | ||||||
| 20 | trust, partnership, committee, association, corporation, or | ||||||
| 21 | other organization or group of persons, other than a candidate, | ||||||
| 22 | political party, candidate political committee, or political | ||||||
| 23 | party committee, that accepts contributions or makes | ||||||
| 24 | expenditures during any 12-month period in an aggregate amount | ||||||
| 25 | exceeding $5,000 on behalf of or in opposition to a candidate | ||||||
| 26 | or candidates for public office. "Political action committee" | ||||||
| |||||||
| |||||||
| 1 | includes any natural person, trust, partnership, committee, | ||||||
| 2 | association, corporation, or other organization or group of | ||||||
| 3 | persons, other than a candidate, political party, candidate | ||||||
| 4 | political committee, or political party committee, that makes | ||||||
| 5 | electioneering communications during any 12-month period in an | ||||||
| 6 | aggregate amount exceeding $5,000 related to any candidate or | ||||||
| 7 | candidates for public office. | ||||||
| 8 | (e) "Ballot initiative committee" means any natural | ||||||
| 9 | person, trust, partnership, committee, association, | ||||||
| 10 | corporation, or other organization or group of persons that | ||||||
| 11 | accepts contributions or makes expenditures during any | ||||||
| 12 | 12-month period in an aggregate amount exceeding $5,000 in | ||||||
| 13 | support of or in opposition to any question of public policy to | ||||||
| 14 | be submitted to the electors. "Ballot initiative committee" | ||||||
| 15 | includes any natural person, trust, partnership, committee, | ||||||
| 16 | association, corporation, or other organization or group of | ||||||
| 17 | persons that makes electioneering communications during any | ||||||
| 18 | 12-month period in an aggregate amount exceeding $5,000 related | ||||||
| 19 | to any question of public policy to be submitted to the voters. | ||||||
| 20 | The $5,000 threshold applies to any contributions or | ||||||
| 21 | expenditures received or made with the purpose of securing a | ||||||
| 22 | place on the ballot for, advocating the defeat or passage of, | ||||||
| 23 | or engaging in electioneering communication regarding the | ||||||
| 24 | question of public policy, regardless of the method of | ||||||
| 25 | initiation of the question of public policy and regardless of | ||||||
| 26 | whether petitions have been circulated or filed with the | ||||||
| |||||||
| |||||||
| 1 | appropriate office or whether the question has been adopted and | ||||||
| 2 | certified by the governing body. | ||||||
| 3 | (f) "Independent expenditure committee" means any trust, | ||||||
| 4 | partnership, committee, association, corporation, or other | ||||||
| 5 | organization or group of persons formed for the exclusive
| ||||||
| 6 | purpose of making independent expenditures during any 12-month | ||||||
| 7 | period in an aggregate amount exceeding $5,000 in support of or | ||||||
| 8 | in opposition to (i) the nomination for election, election, | ||||||
| 9 | retention, or defeat of any public official or candidate or | ||||||
| 10 | (ii) any question of public policy to be submitted to the | ||||||
| 11 | electors. "Independent expenditure committee" also includes | ||||||
| 12 | any trust, partnership, committee, association, corporation, | ||||||
| 13 | or other organization or group of persons that makes | ||||||
| 14 | electioneering communications that are not made in connection, | ||||||
| 15 | consultation, or concert with or at the request or suggestion | ||||||
| 16 | of a public official or candidate, a public official's or | ||||||
| 17 | candidate's designated political committee or campaign, or an | ||||||
| 18 | agent or agents of the public official, candidate, or political | ||||||
| 19 | committee or campaign during any 12-month period in an | ||||||
| 20 | aggregate amount exceeding $5,000 related to (i) the nomination | ||||||
| 21 | for election, election, retention, or defeat of any public | ||||||
| 22 | official or candidate or (ii) any question of public policy to | ||||||
| 23 | be submitted to the voters. | ||||||
| 24 | (g) "Limited activity committee" means a political | ||||||
| 25 | committee for which a person who is nominated to a position | ||||||
| 26 | that is subject to confirmation by the Senate, including a | ||||||
| |||||||
| |||||||
| 1 | member of the State Board of Elections, is either an officer or | ||||||
| 2 | a candidate the committee has designated to support.
| ||||||
| 3 | (Source: P.A. 100-1027, eff. 1-1-19.)
| ||||||
| 4 | (10 ILCS 5/9-3.5 new) | ||||||
| 5 | Sec. 9-3.5. Candidate political committee restrictions. | ||||||
| 6 | (a) A person who is nominated to an affected office shall | ||||||
| 7 | not: (i) serve as an officer of a candidate political committee | ||||||
| 8 | that is designated to support or oppose that person as a | ||||||
| 9 | candidate; or (ii) be a candidate who is designated as the | ||||||
| 10 | candidate to be supported by a candidate political committee. | ||||||
| 11 | (b) Within 30 days after appointment, the person shall: (i) | ||||||
| 12 | dissolve the candidate political committee; (ii) resign as an | ||||||
| 13 | officer of the candidate political committee; (iii) have his or | ||||||
| 14 | her name removed as the candidate to be supported by the | ||||||
| 15 | candidate political committee; or (iv) notify the Board of the | ||||||
| 16 | person's intent to convert the candidate political committee to | ||||||
| 17 | a limited activity candidate political committee. | ||||||
| 18 | (c) As used in this Section, "affected office" has the | ||||||
| 19 | meaning provided in subsection (c) of Section 3A-50 of the | ||||||
| 20 | Illinois Governmental Ethics Act.
| ||||||
| 21 | (10 ILCS 5/9-8.5) | ||||||
| 22 | Sec. 9-8.5. Limitations on campaign contributions. | ||||||
| 23 | (a) It is unlawful for a political committee to accept | ||||||
| 24 | contributions except as provided in this Section. | ||||||
| |||||||
| |||||||
| 1 | (b) During an election cycle, a candidate political | ||||||
| 2 | committee may not accept contributions with an aggregate value | ||||||
| 3 | over the following: (i) $5,000 from any individual, (ii) | ||||||
| 4 | $10,000 from any corporation, labor organization, or | ||||||
| 5 | association, or (iii) $50,000 from a candidate political | ||||||
| 6 | committee or political action committee. A candidate political | ||||||
| 7 | committee may accept contributions in any amount from a | ||||||
| 8 | political party committee except during an election cycle in | ||||||
| 9 | which the candidate seeks nomination at a primary election. | ||||||
| 10 | During an election cycle in which the candidate seeks | ||||||
| 11 | nomination at a primary election, a candidate political | ||||||
| 12 | committee may not accept contributions from political party | ||||||
| 13 | committees with an aggregate value over the following: (i) | ||||||
| 14 | $200,000 for a candidate political committee established to | ||||||
| 15 | support a candidate seeking nomination to statewide office, | ||||||
| 16 | (ii) $125,000 for a candidate political committee established | ||||||
| 17 | to support a candidate seeking nomination to the Senate, the | ||||||
| 18 | Supreme Court or Appellate Court in the First Judicial | ||||||
| 19 | District, or an office elected by all voters in a county with | ||||||
| 20 | 1,000,000 or more residents, (iii) $75,000 for a candidate | ||||||
| 21 | political committee established to support a candidate seeking | ||||||
| 22 | nomination to the House of Representatives, the Supreme Court | ||||||
| 23 | or Appellate Court for a Judicial District other than the First | ||||||
| 24 | Judicial District, an office elected by all voters of a county | ||||||
| 25 | of fewer than 1,000,000 residents, and municipal and county | ||||||
| 26 | offices in Cook County other than those elected by all voters | ||||||
| |||||||
| |||||||
| 1 | of Cook County, and (iv) $50,000 for a candidate political | ||||||
| 2 | committee established to support the nomination of a candidate | ||||||
| 3 | to any other office.
A candidate political committee | ||||||
| 4 | established to elect a candidate to the General Assembly may | ||||||
| 5 | accept contributions from only one legislative caucus | ||||||
| 6 | committee. A candidate political committee may not accept | ||||||
| 7 | contributions from a ballot initiative committee or from an
| ||||||
| 8 | independent expenditure committee. | ||||||
| 9 | (c) During an election cycle, a political party committee | ||||||
| 10 | may not accept contributions with an aggregate value over the | ||||||
| 11 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
| 12 | any corporation, labor organization, or association, or (iii) | ||||||
| 13 | $50,000 from a political action committee. A political party | ||||||
| 14 | committee may accept contributions in any amount from another | ||||||
| 15 | political party committee or a candidate political committee, | ||||||
| 16 | except as provided in subsection (c-5). Nothing in this Section | ||||||
| 17 | shall limit the amounts that may be transferred between a | ||||||
| 18 | political party committee established under subsection (a) of | ||||||
| 19 | Section 7-8 of this Code and an affiliated federal political | ||||||
| 20 | committee established under the Federal Election Code by the | ||||||
| 21 | same political party. A political party committee may not | ||||||
| 22 | accept contributions from a ballot initiative committee or from | ||||||
| 23 | an
independent expenditure committee. A political party | ||||||
| 24 | committee established by a legislative caucus may not accept | ||||||
| 25 | contributions from another political party committee | ||||||
| 26 | established by a legislative caucus. | ||||||
| |||||||
| |||||||
| 1 | (c-5) During the period beginning on the date candidates | ||||||
| 2 | may begin circulating petitions for a primary election and | ||||||
| 3 | ending on the day of the primary election, a political party | ||||||
| 4 | committee may not accept contributions with an aggregate value | ||||||
| 5 | over $50,000 from a candidate political committee or political | ||||||
| 6 | party committee. A political party committee may accept | ||||||
| 7 | contributions in any amount from a candidate political | ||||||
| 8 | committee or political party committee if the political party | ||||||
| 9 | committee receiving the contribution filed a statement of | ||||||
| 10 | nonparticipation in the primary as provided in subsection | ||||||
| 11 | (c-10). The Task Force on Campaign Finance Reform shall study | ||||||
| 12 | and make recommendations on the provisions of this subsection | ||||||
| 13 | to the Governor and General Assembly by September 30, 2012. | ||||||
| 14 | This subsection becomes inoperative on July 1, 2013 and | ||||||
| 15 | thereafter no longer applies. | ||||||
| 16 | (c-10) A political party committee that does not intend to | ||||||
| 17 | make contributions to candidates to be nominated at a general | ||||||
| 18 | primary election or consolidated primary election may file a | ||||||
| 19 | Statement of Nonparticipation in a Primary Election with the | ||||||
| 20 | Board. The Statement of Nonparticipation shall include a | ||||||
| 21 | verification signed by the chairperson and treasurer of the | ||||||
| 22 | committee that (i) the committee will not make contributions or | ||||||
| 23 | coordinated expenditures in support of or opposition to a | ||||||
| 24 | candidate or candidates to be nominated at the general primary | ||||||
| 25 | election or consolidated primary election (select one) to be | ||||||
| 26 | held on (insert date), (ii) the political party committee may | ||||||
| |||||||
| |||||||
| 1 | accept unlimited contributions from candidate political | ||||||
| 2 | committees and political party committees, provided that the | ||||||
| 3 | political party committee does not make contributions to a | ||||||
| 4 | candidate or candidates to be nominated at the primary | ||||||
| 5 | election, and (iii) failure to abide by these requirements | ||||||
| 6 | shall deem the political party committee in violation of this | ||||||
| 7 | Article and subject the committee to a fine of no more than | ||||||
| 8 | 150% of the total contributions or coordinated expenditures | ||||||
| 9 | made by the committee in violation of this Article. This | ||||||
| 10 | subsection becomes inoperative on July 1, 2013 and thereafter | ||||||
| 11 | no longer applies. | ||||||
| 12 | (d) During an election cycle, a political action committee | ||||||
| 13 | may not accept contributions with an aggregate value over the | ||||||
| 14 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
| 15 | any corporation, labor organization, political party | ||||||
| 16 | committee, or association, or (iii) $50,000 from a political | ||||||
| 17 | action committee or candidate political committee. A political | ||||||
| 18 | action committee may not accept contributions from a ballot | ||||||
| 19 | initiative committee or from an
independent expenditure | ||||||
| 20 | committee. | ||||||
| 21 | (e) A ballot initiative committee may accept contributions | ||||||
| 22 | in any amount from any source, provided that the committee | ||||||
| 23 | files the document required by Section 9-3 of this Article and | ||||||
| 24 | files the disclosure reports required by the provisions of this | ||||||
| 25 | Article. | ||||||
| 26 | (e-5) An independent expenditure committee may accept | ||||||
| |||||||
| |||||||
| 1 | contributions in any amount from any source, provided that the | ||||||
| 2 | committee files the document required by Section 9-3 of this | ||||||
| 3 | Article and files the disclosure reports required by the | ||||||
| 4 | provisions of this Article. | ||||||
| 5 | (e-10) A limited activity committee shall not accept | ||||||
| 6 | contributions, except that the officer or a candidate the | ||||||
| 7 | committee has designated to support may contribute personal | ||||||
| 8 | funds in order to pay for maintenance expenses. A limited | ||||||
| 9 | activity committee may only make expenditures that are: (i) | ||||||
| 10 | necessary for maintenance of the committee; (ii) for rent or | ||||||
| 11 | lease payments until the end of the lease in effect at the time | ||||||
| 12 | the officer or candidate is confirmed by the Senate; (iii) | ||||||
| 13 | contributions to 501(c)(3) charities; or (iv) returning | ||||||
| 14 | contributions to original contributors. | ||||||
| 15 | (f) Nothing in this Section shall prohibit a political | ||||||
| 16 | committee from dividing the proceeds of joint fundraising | ||||||
| 17 | efforts; provided that no political committee may receive more | ||||||
| 18 | than the limit from any one contributor, and provided that an | ||||||
| 19 | independent
expenditure committee may not conduct joint | ||||||
| 20 | fundraising efforts with a
candidate political committee or a | ||||||
| 21 | political party committee. | ||||||
| 22 | (g) On January 1 of each odd-numbered year, the State Board | ||||||
| 23 | of Elections shall adjust the amounts of the contribution | ||||||
| 24 | limitations established in this Section for inflation as | ||||||
| 25 | determined by the Consumer Price Index for All Urban Consumers | ||||||
| 26 | as issued by the United States Department of Labor and rounded | ||||||
| |||||||
| |||||||
| 1 | to the nearest $100. The State Board shall publish this | ||||||
| 2 | information on its official website. | ||||||
| 3 | (h) Self-funding candidates. If a public official, a | ||||||
| 4 | candidate, or the public official's or candidate's immediate | ||||||
| 5 | family contributes or loans to the public official's or | ||||||
| 6 | candidate's political committee or to other political | ||||||
| 7 | committees that transfer funds to the public official's or | ||||||
| 8 | candidate's political committee or makes independent | ||||||
| 9 | expenditures for the benefit of the public official's or | ||||||
| 10 | candidate's campaign during the 12 months prior to an election | ||||||
| 11 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
| 12 | office or (ii) $100,000 for all other elective offices, then | ||||||
| 13 | the public official or candidate shall file with the State | ||||||
| 14 | Board of Elections, within one day, a Notification of | ||||||
| 15 | Self-funding that shall detail each contribution or loan made | ||||||
| 16 | by the public official, the candidate, or the public official's | ||||||
| 17 | or candidate's immediate family. Within 2 business days after | ||||||
| 18 | the filing of a Notification of Self-funding, the notification | ||||||
| 19 | shall be posted on the Board's website and the Board shall give | ||||||
| 20 | official notice of the filing to each candidate for the same | ||||||
| 21 | office as the public official or candidate making the filing, | ||||||
| 22 | including the public official or candidate filing the | ||||||
| 23 | Notification of Self-funding. Notice shall be sent via first | ||||||
| 24 | class mail to the candidate and the treasurer of the | ||||||
| 25 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
| 26 | the candidate and the treasurer of the candidate's committee if | ||||||
| |||||||
| |||||||
| 1 | the candidate and the treasurer, as applicable, have provided | ||||||
| 2 | the Board with an e-mail address. Upon posting of the notice on | ||||||
| 3 | the Board's website, all candidates for that office, including | ||||||
| 4 | the public official or candidate who filed a Notification of | ||||||
| 5 | Self-funding, shall be permitted to accept contributions in | ||||||
| 6 | excess of any contribution limits imposed by subsection (b). If | ||||||
| 7 | a public official or candidate filed a Notification of | ||||||
| 8 | Self-funding during an election cycle that includes a general | ||||||
| 9 | primary election or consolidated primary election and that | ||||||
| 10 | public official or candidate is nominated, all candidates for | ||||||
| 11 | that office, including the nominee who filed the notification | ||||||
| 12 | of self-funding, shall be permitted to accept contributions in | ||||||
| 13 | excess of any contribution limit imposed by subsection (b) for | ||||||
| 14 | the subsequent election cycle. For the purposes of this | ||||||
| 15 | subsection, "immediate family" means the spouse, parent, or | ||||||
| 16 | child of a public official or candidate. | ||||||
| 17 | (h-5) If a natural person or independent expenditure | ||||||
| 18 | committee makes independent expenditures in support of or in | ||||||
| 19 | opposition to the campaign of a particular public official or | ||||||
| 20 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
| 21 | statewide office or (ii) $100,000 for all other elective | ||||||
| 22 | offices in an election cycle, as reported in a written | ||||||
| 23 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
| 24 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
| 25 | Elections shall, within 2 business days after the filing of the | ||||||
| 26 | disclosure, post the disclosure on the Board's website and give | ||||||
| |||||||
| |||||||
| 1 | official notice of the disclosure to each candidate for the | ||||||
| 2 | same office as the public official or candidate for whose | ||||||
| 3 | benefit or detriment the natural person or independent | ||||||
| 4 | expenditure committee made independent expenditures. Upon | ||||||
| 5 | posting of the notice on the Board's website, all candidates | ||||||
| 6 | for that office in that election, including the public official | ||||||
| 7 | or candidate for whose benefit or detriment the natural person | ||||||
| 8 | or independent expenditure committee made independent | ||||||
| 9 | expenditures, shall be permitted to accept contributions in | ||||||
| 10 | excess of any contribution limits imposed by subsection (b). | ||||||
| 11 | (h-10) If the State Board of Elections receives | ||||||
| 12 | notification or determines that a natural person or persons, an | ||||||
| 13 | independent expenditure committee or committees, or | ||||||
| 14 | combination thereof has made independent expenditures in | ||||||
| 15 | support of or in opposition to the campaign of a particular | ||||||
| 16 | public official or candidate in an aggregate amount of more | ||||||
| 17 | than (i) $250,000 for statewide office or (ii) $100,000 for all | ||||||
| 18 | other elective offices in an election cycle, then the Board | ||||||
| 19 | shall, within 2 business days after discovering the independent | ||||||
| 20 | expenditures that, in the aggregate, exceed the threshold set | ||||||
| 21 | forth in (i) and (ii) of this subsection, post notice of this | ||||||
| 22 | fact on the Board's website and give official notice to each | ||||||
| 23 | candidate for the same office as the public official or | ||||||
| 24 | candidate for whose benefit or detriment the independent | ||||||
| 25 | expenditures were made. Notice shall be sent via first class | ||||||
| 26 | mail to the candidate and the treasurer of the candidate's | ||||||
| |||||||
| |||||||
| 1 | committee. Notice shall also be sent by e-mail to the candidate | ||||||
| 2 | and the treasurer of the candidate's committee if the candidate | ||||||
| 3 | and the treasurer, as applicable, have provided the Board with | ||||||
| 4 | an e-mail address. Upon posting of the notice on the Board's | ||||||
| 5 | website, all candidates of that office in that election, | ||||||
| 6 | including the public official or candidate for whose benefit or | ||||||
| 7 | detriment the independent expenditures were made, may accept | ||||||
| 8 | contributions in excess of any contribution limits imposed by | ||||||
| 9 | subsection (b). | ||||||
| 10 | (i) For the purposes of this Section, a corporation, labor | ||||||
| 11 | organization, association, or a political action committee | ||||||
| 12 | established by a corporation, labor organization, or | ||||||
| 13 | association may act as a conduit in facilitating the delivery | ||||||
| 14 | to a political action committee of contributions made through | ||||||
| 15 | dues, levies, or similar assessments and the political action | ||||||
| 16 | committee may report the contributions in the aggregate, | ||||||
| 17 | provided that: (i) contributions made through dues, levies, or | ||||||
| 18 | similar assessments paid by any natural person, corporation, | ||||||
| 19 | labor organization, or association in a calendar year may not | ||||||
| 20 | exceed the limits set forth in this Section; (ii) the | ||||||
| 21 | corporation, labor organization, association, or a political | ||||||
| 22 | action committee established by a corporation, labor | ||||||
| 23 | organization, or association facilitating the delivery of | ||||||
| 24 | contributions maintains a list of natural persons, | ||||||
| 25 | corporations, labor organizations, and associations that paid | ||||||
| 26 | the dues, levies, or similar assessments from which the | ||||||
| |||||||
| |||||||
| 1 | contributions comprising the aggregate amount derive; and | ||||||
| 2 | (iii) contributions made through dues, levies, or similar | ||||||
| 3 | assessments paid by any natural person, corporation, labor | ||||||
| 4 | organization, or association that exceed $500 in a quarterly | ||||||
| 5 | reporting period shall be itemized on the committee's quarterly | ||||||
| 6 | report and may not be reported in the aggregate. A political | ||||||
| 7 | action committee facilitating the delivery of contributions or | ||||||
| 8 | receiving contributions shall disclose the amount of | ||||||
| 9 | contributions made through dues delivered or received and the | ||||||
| 10 | name of the corporation, labor organization, association, or | ||||||
| 11 | political action committee delivering the contributions, if | ||||||
| 12 | applicable. On January 1 of each odd-numbered year, the State | ||||||
| 13 | Board of Elections shall adjust the amounts of the contribution | ||||||
| 14 | limitations established in this subsection for inflation as | ||||||
| 15 | determined by the Consumer Price Index for All Urban Consumers | ||||||
| 16 | as issued by the United States Department of Labor and rounded | ||||||
| 17 | to the nearest $100. The State Board shall publish this | ||||||
| 18 | information on its official website. | ||||||
| 19 | (j) A political committee that receives a contribution or | ||||||
| 20 | transfer in violation of this Section shall dispose of the | ||||||
| 21 | contribution or transfer by returning the contribution or | ||||||
| 22 | transfer, or an amount equal to the contribution or transfer, | ||||||
| 23 | to the contributor or transferor or donating the contribution | ||||||
| 24 | or transfer, or an amount equal to the contribution or | ||||||
| 25 | transfer, to a charity. A contribution or transfer received in | ||||||
| 26 | violation of this Section that is not disposed of as provided | ||||||
| |||||||
| |||||||
| 1 | in this subsection within 30 days after the Board sends | ||||||
| 2 | notification to the political committee of the excess | ||||||
| 3 | contribution by certified mail shall escheat to the General | ||||||
| 4 | Revenue Fund and the political committee shall be deemed in | ||||||
| 5 | violation of this Section and subject to a civil penalty not to | ||||||
| 6 | exceed 150% of the total amount of the contribution. | ||||||
| 7 | (k) For the purposes of this Section, "statewide office" | ||||||
| 8 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
| 9 | Secretary of State, Comptroller, and Treasurer. | ||||||
| 10 | (l) This Section is repealed if and when the United States | ||||||
| 11 | Supreme Court invalidates contribution limits on committees | ||||||
| 12 | formed to assist candidates, political parties, corporations, | ||||||
| 13 | associations, or labor organizations established by or | ||||||
| 14 | pursuant to federal law.
| ||||||
| 15 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| ||||||
| 16 | Section 25. The General Assembly Compensation Act is | ||||||
| 17 | amended by changing Section 1 as follows:
| ||||||
| 18 | (25 ILCS 115/1) (from Ch. 63, par. 14) | ||||||
| 19 | Sec. 1. Each member of the General Assembly shall receive | ||||||
| 20 | an annual salary
of $28,000 or as set by the Compensation | ||||||
| 21 | Review Board, whichever is
greater. The
following named | ||||||
| 22 | officers, committee chairmen and committee minority spokesmen
| ||||||
| 23 | shall receive additional amounts per year for
their services as | ||||||
| 24 | such officers, committee chairmen and committee
minority | ||||||
| |||||||
| |||||||
| 1 | spokesmen respectively, as set by the Compensation
Review Board | ||||||
| 2 | or, as follows, whichever is greater: Beginning the second
| ||||||
| 3 | Wednesday in January 1989, the Speaker and the minority leader | ||||||
| 4 | of the
House of Representatives and the
President and the | ||||||
| 5 | minority leader of the Senate, $16,000 each; the
majority | ||||||
| 6 | leader in the House of Representatives $13,500;
5 assistant
| ||||||
| 7 | majority leaders and 5 assistant minority leaders in the | ||||||
| 8 | Senate,
$12,000
each; 6 assistant majority leaders and 6 | ||||||
| 9 | assistant minority leaders in
the House of Representatives, | ||||||
| 10 | $10,500 each; 2 Deputy
Majority leaders in the House of | ||||||
| 11 | Representatives $11,500 each; and 2 Deputy
Minority leaders in | ||||||
| 12 | the House of Representatives, $11,500 each; the majority
caucus | ||||||
| 13 | chairman and minority caucus chairman in the Senate, $12,000 | ||||||
| 14 | each;
and beginning the second Wednesday in January, 1989, the | ||||||
| 15 | majority
conference chairman and the minority conference | ||||||
| 16 | chairman
in the House of Representatives, $10,500 each; | ||||||
| 17 | beginning
the second Wednesday in January, 1989, the chairman | ||||||
| 18 | and minority spokesman
of each standing committee of the | ||||||
| 19 | Senate, except the Rules Committee, the
Committee on | ||||||
| 20 | Committees, and the Committee on Assignment of Bills, $6,000
| ||||||
| 21 | each; and beginning the second Wednesday in January, 1989, the | ||||||
| 22 | chairman and
minority spokesman of each standing and select | ||||||
| 23 | committee of the House of
Representatives, $6,000 each; and | ||||||
| 24 | beginning fiscal year 2020, the majority leader in the Senate, | ||||||
| 25 | an amount equal to the majority leader in the House. A member | ||||||
| 26 | who serves in more than one
position as an officer, committee | ||||||
| |||||||
| |||||||
| 1 | chairman, or committee minority spokesman
shall receive only | ||||||
| 2 | one additional amount based on the position paying the
highest | ||||||
| 3 | additional amount. The
compensation provided for in this | ||||||
| 4 | Section to be paid per year to members
of the General Assembly, | ||||||
| 5 | including the additional sums payable per year
to officers of | ||||||
| 6 | the General Assembly shall be paid in 12 equal monthly
| ||||||
| 7 | installments until December 31, 2021. Beginning January 1, 2022 | ||||||
| 8 | the compensation provided for in this Section to be paid per | ||||||
| 9 | year to members of the General Assembly, including additional | ||||||
| 10 | sums payable per year to officers of the General Assembly, | ||||||
| 11 | shall be paid bi-monthly. Members who resign before completing | ||||||
| 12 | the entire term in office shall be compensated on a prorated | ||||||
| 13 | basis. Members completing the term of a vacancy shall be | ||||||
| 14 | compensated on a prorated basis. The first such installment is | ||||||
| 15 | payable on January 31,
1977. All subsequent equal monthly | ||||||
| 16 | installments are payable on the last
working day of the month. | ||||||
| 17 | A member who has held office any part of a
month is entitled to | ||||||
| 18 | compensation for an entire month. | ||||||
| 19 | Mileage shall be paid at the rate of 20 cents per mile | ||||||
| 20 | before January
9, 1985, and at the mileage allowance rate in | ||||||
| 21 | effect under regulations
promulgated pursuant to 5 U.S.C. | ||||||
| 22 | 5707(b)(2) beginning January 9, 1985, for the number
of actual | ||||||
| 23 | highway miles necessarily and conveniently traveled by the
most | ||||||
| 24 | feasible route to be present upon convening of the sessions of | ||||||
| 25 | the
General Assembly by such member in each and every trip | ||||||
| 26 | during each
session in going to and returning from the seat of | ||||||
| |||||||
| |||||||
| 1 | government, to be
computed by the Comptroller. A member | ||||||
| 2 | traveling by public
transportation for such purposes, however, | ||||||
| 3 | shall be paid his actual cost
of that transportation instead of | ||||||
| 4 | on the mileage rate if his cost of
public transportation | ||||||
| 5 | exceeds the amount to which he would be entitled
on a mileage | ||||||
| 6 | basis. No member may be paid, whether on a mileage basis
or for | ||||||
| 7 | actual costs of public transportation, for more than one such
| ||||||
| 8 | trip for each week the General Assembly is actually in session. | ||||||
| 9 | Each
member shall also receive an allowance of $36 per day for | ||||||
| 10 | lodging and
meals while in attendance at sessions
of the | ||||||
| 11 | General Assembly before January 9, 1985; beginning January 9,
| ||||||
| 12 | 1985, such food and lodging allowance shall be equal to the | ||||||
| 13 | amount per day
permitted to be deducted for such expenses under | ||||||
| 14 | the Internal Revenue Code;
however, beginning May 31, 1995, no | ||||||
| 15 | allowance for food and lodging while in
attendance at sessions | ||||||
| 16 | is authorized for periods of time after the last day in
May of | ||||||
| 17 | each calendar year, except (i) if the General Assembly is | ||||||
| 18 | convened in
special session by either the Governor or the | ||||||
| 19 | presiding officers of both
houses, as provided by subsection | ||||||
| 20 | (b) of Section 5 of Article IV of the
Illinois Constitution or | ||||||
| 21 | (ii) if the
General Assembly is convened to consider bills | ||||||
| 22 | vetoed, item vetoed, reduced, or
returned with specific | ||||||
| 23 | recommendations for change by the Governor as provided
in | ||||||
| 24 | Section 9 of Article IV of the Illinois Constitution. For | ||||||
| 25 | fiscal year 2011 and for session days in fiscal years 2012, | ||||||
| 26 | 2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the | ||||||
| |||||||
| |||||||
| 1 | allowance for lodging and meals is $111 per day and (ii) | ||||||
| 2 | mileage for automobile travel shall be reimbursed at a rate of | ||||||
| 3 | $0.39 per mile. | ||||||
| 4 | Notwithstanding any other provision of law to the contrary, | ||||||
| 5 | beginning in fiscal year 2012, travel reimbursement for
General | ||||||
| 6 | Assembly members on non-session days shall be
calculated using | ||||||
| 7 | the guidelines set forth by the Legislative
Travel Control | ||||||
| 8 | Board, except that fiscal year 2012, 2013, 2014, 2015, 2016, | ||||||
| 9 | 2017, 2018, and 2019 mileage reimbursement is set at a rate of | ||||||
| 10 | $0.39 per mile. | ||||||
| 11 | If a member dies having received only a portion of the | ||||||
| 12 | amount payable
as compensation, the unpaid balance shall be | ||||||
| 13 | paid to the surviving
spouse of such member, or, if there be | ||||||
| 14 | none, to the estate of such member. | ||||||
| 15 | (Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18; | ||||||
| 16 | 101-10, eff. 6-5-19; revised 7-17-19.)
| ||||||
| 17 | Section 30. The Lobbyist Registration Act is amended by | ||||||
| 18 | changing Sections 2, 3, 4.5, 4.7, 5, 6, 8, and 11.2 as follows:
| ||||||
| 19 | (25 ILCS 170/2) (from Ch. 63, par. 172) | ||||||
| 20 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 21 | context otherwise
requires: | ||||||
| 22 | (a) "Person" means any individual, firm, partnership, | ||||||
| 23 | committee,
association, corporation, or any other organization | ||||||
| 24 | or group of persons. | ||||||
| |||||||
| |||||||
| 1 | (b) "Expenditure" means a payment, distribution, loan, | ||||||
| 2 | advance, deposit,
or gift of money or anything of value, and | ||||||
| 3 | includes a contract, promise, or
agreement, whether or not | ||||||
| 4 | legally enforceable, to make an expenditure, for
the ultimate | ||||||
| 5 | purpose of influencing executive, legislative, or | ||||||
| 6 | administrative
action, other than compensation as defined in | ||||||
| 7 | subsection (d). | ||||||
| 8 | (c) "Official" means: | ||||||
| 9 | (1) the Governor, Lieutenant Governor, Secretary of | ||||||
| 10 | State, Attorney
General, State Treasurer, and State | ||||||
| 11 | Comptroller; | ||||||
| 12 | (2) Chiefs of Staff for officials described in item | ||||||
| 13 | (1), the Deputy Governor, the Deputy Secretary of State, | ||||||
| 14 | the Deputy Attorney General, the Deputy Treasurer, and the | ||||||
| 15 | Deputy Comptroller; | ||||||
| 16 | (3) Cabinet members of any elected constitutional | ||||||
| 17 | officer, including Directors, Assistant Directors and | ||||||
| 18 | Chief Legal Counsel or General Counsel; | ||||||
| 19 | (4) Members of the General Assembly; and | ||||||
| 20 | (5) Members of any board, commission, authority, or | ||||||
| 21 | task force of the State authorized or created by State law | ||||||
| 22 | or by executive order of the Governor; . | ||||||
| 23 | (6) Mayors, presidents, aldermen, commissioners, and | ||||||
| 24 | trustees of a city, village, or town; | ||||||
| 25 | (7) County board members and countywide elected | ||||||
| 26 | officials; | ||||||
| |||||||
| |||||||
| 1 | (8) Township board members and township elected | ||||||
| 2 | officials; and | ||||||
| 3 | (9) Members of any board, commission, authority, or | ||||||
| 4 | task force created by a local ordinance or order of a mayor | ||||||
| 5 | or village or town president. | ||||||
| 6 | (d) "Compensation" means any money, thing of value or | ||||||
| 7 | financial benefits
received or to be received in return for | ||||||
| 8 | services rendered or to be
rendered, for lobbying or as a | ||||||
| 9 | consultant as defined in subsection (e). | ||||||
| 10 | Monies paid to members of the General Assembly by the State | ||||||
| 11 | as
remuneration for performance of their Constitutional and | ||||||
| 12 | statutory duties
as members of the General Assembly shall not | ||||||
| 13 | constitute compensation as
defined by this Act. | ||||||
| 14 | (e) "Lobby" and "lobbying"
means any communication, | ||||||
| 15 | including the soliciting of others to communicate, with an | ||||||
| 16 | official of the
executive or legislative branch of State | ||||||
| 17 | government as defined in subsection
(c) for the ultimate | ||||||
| 18 | purpose of influencing any executive, legislative, or
| ||||||
| 19 | administrative action at the State, municipal, county, or | ||||||
| 20 | township government level. | ||||||
| 21 | (f) "Influencing" means any communication, action, | ||||||
| 22 | reportable
expenditure as prescribed in Section 6 or other | ||||||
| 23 | means used to promote,
support, affect, modify, oppose or delay | ||||||
| 24 | any executive, legislative or
administrative action or to | ||||||
| 25 | promote goodwill with officials as defined in
subsection (c). | ||||||
| 26 | (g) "Executive action" means the proposal, drafting, | ||||||
| |||||||
| |||||||
| 1 | development,
consideration, amendment, adoption, approval, | ||||||
| 2 | promulgation, issuance,
modification, rejection or | ||||||
| 3 | postponement by a State, municipal, county, or township | ||||||
| 4 | government entity of a rule,
regulation, order, decision, | ||||||
| 5 | determination, contractual arrangement, purchasing
agreement | ||||||
| 6 | or other quasi-legislative or quasi-judicial action or | ||||||
| 7 | proceeding. | ||||||
| 8 | (h) "Legislative action" means the development, drafting, | ||||||
| 9 | introduction,
consideration, modification, adoption, | ||||||
| 10 | rejection, review, enactment, or passage
or defeat of any bill, | ||||||
| 11 | amendment, resolution, ordinance, report, nomination,
| ||||||
| 12 | administrative rule or other matter by either house of the | ||||||
| 13 | General Assembly or
a committee thereof, or by a legislator, by | ||||||
| 14 | the legislative body of a municipality, county, or township, or | ||||||
| 15 | by an alderman, trustee, or township board member. Legislative | ||||||
| 16 | action also means the
action of the Governor, mayor, or village | ||||||
| 17 | or township board president, or county executive in approving | ||||||
| 18 | or vetoing any bill, ordinance, or resolution or portion | ||||||
| 19 | thereof, and
the action of such officials the Governor or any | ||||||
| 20 | agency under their jurisdiction in the development of a | ||||||
| 21 | legislative proposal for
introduction in the legislature. | ||||||
| 22 | (i) "Administrative action" means the execution or | ||||||
| 23 | rejection of any rule,
regulation, legislative rule, standard, | ||||||
| 24 | fee, rate, contractual arrangement,
purchasing agreement or | ||||||
| 25 | other delegated legislative or quasi-legislative action
to be | ||||||
| 26 | taken or withheld by any executive agency, department, board or
| ||||||
| |||||||
| |||||||
| 1 | commission of the State, municipal, county, or township. | ||||||
| 2 | (j) "Lobbyist" means any natural person who undertakes to | ||||||
| 3 | lobby State, municipal, county, or township government
as | ||||||
| 4 | provided in subsection (e). | ||||||
| 5 | (k) "Lobbying entity" means any entity that hires, retains, | ||||||
| 6 | employs, or compensates a natural person to lobby State, | ||||||
| 7 | municipal, county, or township government as provided in | ||||||
| 8 | subsection (e).
| ||||||
| 9 | (l) "Authorized agent" means the person designated by an | ||||||
| 10 | entity or lobbyist registered under this Act as the person | ||||||
| 11 | responsible for submission and retention of reports required | ||||||
| 12 | under this Act. | ||||||
| 13 | (m) "Client" means any person or entity that provides | ||||||
| 14 | compensation to a lobbyist to lobby State, municipal, county, | ||||||
| 15 | or township government as provided in subsection (e) of this | ||||||
| 16 | Section. | ||||||
| 17 | (n) "Client registrant" means a client who is required to | ||||||
| 18 | register under this Act. | ||||||
| 19 | (o) "Unit of local government" has the meaning ascribed to | ||||||
| 20 | it in Section 1 of Article VII of the Illinois Constitution and | ||||||
| 21 | also includes school districts and community college | ||||||
| 22 | districts. | ||||||
| 23 | (p) "Consultant" means any natural person or entity who, | ||||||
| 24 | for compensation, provides advisory services, including but | ||||||
| 25 | not limited to, rendering opinions on or developing strategies | ||||||
| 26 | for lobbying or influencing, to a lobbyist or lobbying entity | ||||||
| |||||||
| |||||||
| 1 | for the ultimate purpose of influencing any executive, | ||||||
| 2 | legislative, or administrative action. "Consultant" does not | ||||||
| 3 | include (i) an employee of the lobbyist or lobbying entity or | ||||||
| 4 | (ii) an attorney or law firm providing legal services, | ||||||
| 5 | including drafting legislation or advising and rendering | ||||||
| 6 | opinions to clients as to the construction and legal effect of | ||||||
| 7 | proposed or pending legislation or any executive, legislative, | ||||||
| 8 | or administrative action. | ||||||
| 9 | (Source: P.A. 101-595, eff. 12-5-19.)
| ||||||
| 10 | (25 ILCS 170/3) (from Ch. 63, par. 173) | ||||||
| 11 | Sec. 3. Persons required to register. | ||||||
| 12 | (a) Except as provided in Section
9, any natural
person | ||||||
| 13 | who, for compensation or otherwise,
undertakes to lobby, or any
| ||||||
| 14 | person or entity who employs or compensates another person for | ||||||
| 15 | the purposes
of lobbying, shall register with the Secretary of | ||||||
| 16 | State as provided in this Act, unless that person or entity | ||||||
| 17 | qualifies for one or more of the following exemptions. | ||||||
| 18 | (1) Persons or entities who, for the purpose of | ||||||
| 19 | influencing any executive, legislative, or administrative | ||||||
| 20 | action and who do not make expenditures that are reportable | ||||||
| 21 | pursuant to Section 6, appear without compensation or | ||||||
| 22 | promise thereof only as witnesses before a legislative | ||||||
| 23 | committee committees of the House and Senate for the | ||||||
| 24 | purpose of explaining or arguing for or against the passage | ||||||
| 25 | of or action upon any legislation , ordinance, or | ||||||
| |||||||
| |||||||
| 1 | regulation then pending before the committee those | ||||||
| 2 | committees, or who seek without compensation or promise | ||||||
| 3 | thereof the approval or veto of any legislation or | ||||||
| 4 | ordinance by the Governor. | ||||||
| 5 | (1.4) A unit of local government, State government, or | ||||||
| 6 | agencies, departments, commissions, boards, or task forces | ||||||
| 7 | thereof or a school district. | ||||||
| 8 | (1.5) An elected or appointed official or an employee | ||||||
| 9 | of a unit of local government or school district who, in | ||||||
| 10 | the scope of his or her public office or employment, seeks | ||||||
| 11 | to influence executive, legislative, or administrative | ||||||
| 12 | action exclusively on behalf of that unit of local | ||||||
| 13 | government or school district. | ||||||
| 14 | (2) Persons or entities who own, publish, or are | ||||||
| 15 | employed by a newspaper or other regularly published | ||||||
| 16 | periodical, or who own or are employed by a radio station, | ||||||
| 17 | television station, or other bona fide news medium that in | ||||||
| 18 | the ordinary course of business disseminates news, | ||||||
| 19 | editorial or other comment, or paid advertisements that | ||||||
| 20 | directly urge the passage or defeat of legislation. This | ||||||
| 21 | exemption is not applicable to such an individual insofar | ||||||
| 22 | as he or she receives additional compensation or expenses | ||||||
| 23 | from some source other than the bona fide news medium for | ||||||
| 24 | the purpose of influencing executive, legislative, or | ||||||
| 25 | administrative action. This exemption does not apply to | ||||||
| 26 | newspapers and periodicals owned by or published by trade | ||||||
| |||||||
| |||||||
| 1 | associations and not-for-profit corporations engaged | ||||||
| 2 | primarily in endeavors other than dissemination of news. | ||||||
| 3 | (3) Persons or entities performing professional | ||||||
| 4 | services in drafting bills or in advising and rendering | ||||||
| 5 | opinions to clients as to the construction and effect of | ||||||
| 6 | proposed or pending legislation when those professional | ||||||
| 7 | services are not otherwise, directly or indirectly, | ||||||
| 8 | connected with executive, legislative, or administrative | ||||||
| 9 | action. | ||||||
| 10 | (4) Persons or entities who are employees of | ||||||
| 11 | departments, divisions, or agencies of State or local | ||||||
| 12 | government and who appear before committees of the House | ||||||
| 13 | and Senate for the purpose of explaining how the executive, | ||||||
| 14 | legislative, or administrative action passage of or action | ||||||
| 15 | upon any legislation then pending before those committees | ||||||
| 16 | will affect those departments, divisions, or agencies of | ||||||
| 17 | State or local government. | ||||||
| 18 | (5) Employees of the General Assembly, legislators, | ||||||
| 19 | legislative agencies, and legislative commissions who, in | ||||||
| 20 | the course of their official duties only, engage in | ||||||
| 21 | activities that otherwise qualify as lobbying. Legislators | ||||||
| 22 | whose activities are limited to occasional communications | ||||||
| 23 | with an official of a unit of local government on behalf of | ||||||
| 24 | their employer in the ordinary course of their non-public | ||||||
| 25 | employment where (1) the primary duties of the employment | ||||||
| 26 | are not to influence executive, legislative, or | ||||||
| |||||||
| |||||||
| 1 | administrative action and (2) the legislator does not make | ||||||
| 2 | any expenditures that are reportable pursuant to Section 6. | ||||||
| 3 | (6) Persons or entities in possession of technical | ||||||
| 4 | skills and knowledge relevant to certain areas of | ||||||
| 5 | executive, legislative, or administrative actions, whose | ||||||
| 6 | skills and knowledge would be helpful to officials when | ||||||
| 7 | considering those actions, whose activities are limited to | ||||||
| 8 | making occasional appearances for or communicating on | ||||||
| 9 | behalf of a registrant, and who do not make expenditures | ||||||
| 10 | that are reportable pursuant to Section 6 even though | ||||||
| 11 | receiving expense reimbursement for those occasional | ||||||
| 12 | appearances. | ||||||
| 13 | (7) Any full-time employee of a bona fide church or | ||||||
| 14 | religious organization who represents that organization | ||||||
| 15 | solely for the purpose of protecting the right of the | ||||||
| 16 | members thereof to practice the religious doctrines of that | ||||||
| 17 | church or religious organization, or any such bona fide | ||||||
| 18 | church or religious organization. | ||||||
| 19 | (8) Persons or entities that receive no compensation | ||||||
| 20 | other than reimbursement for expenses of up to $500 per | ||||||
| 21 | year while engaged in lobbying State government, unless | ||||||
| 22 | those persons make expenditures that are reportable under | ||||||
| 23 | Section 6. | ||||||
| 24 | (9) Any attorney or group or firm of attorneys (1) in | ||||||
| 25 | connection with the practice of law or (2) in the course of | ||||||
| 26 | representing a client in relation to any administrative, or | ||||||
| |||||||
| |||||||
| 1 | judicial, quasi-judicial proceeding, or any witness | ||||||
| 2 | providing testimony in any administrative, or judicial, or | ||||||
| 3 | quasi-judicial proceeding, in which ex parte | ||||||
| 4 | communications are not allowed and who does not make | ||||||
| 5 | expenditures that are reportable pursuant to Section 6. | ||||||
| 6 | (9.5) Any attorney or group or firm of attorneys in the | ||||||
| 7 | course of representing a client in an administrative or | ||||||
| 8 | executive action involving a contractual or purchasing | ||||||
| 9 | arrangement and who does not make expenditures that are | ||||||
| 10 | reportable pursuant to Section 6. | ||||||
| 11 | (10) Persons or entities who, in the scope of their | ||||||
| 12 | employment as a vendor, offer or solicit an official for | ||||||
| 13 | the purchase of any goods or services when (1) the | ||||||
| 14 | solicitation is limited to either an oral inquiry or | ||||||
| 15 | written advertisements and informative literature; or (2) | ||||||
| 16 | the goods and services are subject to competitive bidding | ||||||
| 17 | requirements of the Illinois Procurement Code; or (3) the | ||||||
| 18 | goods and services are for sale at a cost not to exceed | ||||||
| 19 | $5,000; and (4) the persons or entities do not make | ||||||
| 20 | expenditures that are reportable under Section 6.
| ||||||
| 21 | (a-5) If in the course of providing services as a | ||||||
| 22 | consultant, the consultant communicates with an official on | ||||||
| 23 | behalf of the lobbyist or lobbying entity for the ultimate | ||||||
| 24 | purpose of influencing any executive, legislative, or | ||||||
| 25 | administrative action, or makes an expenditure on behalf of or | ||||||
| 26 | benefitting an official, the consultant shall register as a | ||||||
| |||||||
| |||||||
| 1 | lobbyist within 2 business days of engaging in the | ||||||
| 2 | communication with the official or making the expenditure | ||||||
| 3 | benefitting the official. | ||||||
| 4 | (b) It is a violation of this Act to engage in lobbying or | ||||||
| 5 | to employ any
person for the purpose of lobbying who is not | ||||||
| 6 | registered with the Office of the
Secretary of State, except | ||||||
| 7 | upon condition that the person register and the
person does in | ||||||
| 8 | fact register within 2 business days after being employed or | ||||||
| 9 | retained for lobbying services. | ||||||
| 10 | (c) The Secretary shall promulgate a rule establishing a | ||||||
| 11 | list of the entities required to register under this Act, | ||||||
| 12 | including the name of each board, commission, authority, or | ||||||
| 13 | task force. The Secretary may require a person or entity | ||||||
| 14 | claiming an exemption under this Section to certify the person | ||||||
| 15 | or entity is not required to register under this Act. Nothing | ||||||
| 16 | prohibits the Secretary from rejecting a certification and | ||||||
| 17 | requiring a person or entity to register. | ||||||
| 18 | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| ||||||
| 19 | (25 ILCS 170/4.5) | ||||||
| 20 | Sec. 4.5. Ethics training. Each natural person required to | ||||||
| 21 | register as a lobbyist under this Act must complete a program | ||||||
| 22 | of ethics training provided by the Secretary of State. A | ||||||
| 23 | natural person registered under this Act must complete the | ||||||
| 24 | training program before no later than 30 days after | ||||||
| 25 | registration or renewal is deemed complete under this Act. If | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State uses the ethics training developed in | ||||||
| 2 | accordance with Section 5-10 of the State Officials and | ||||||
| 3 | Employees Ethics Act, that training must be expanded to include | ||||||
| 4 | appropriate information about the requirements, | ||||||
| 5 | responsibilities, and opportunities imposed by or arising | ||||||
| 6 | under this Act, including reporting requirements. | ||||||
| 7 | The Secretary of State shall adopt rules for the | ||||||
| 8 | implementation of this Section. | ||||||
| 9 | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| ||||||
| 10 | (25 ILCS 170/4.7) | ||||||
| 11 | Sec. 4.7. Prohibition on sexual harassment. | ||||||
| 12 | (a) All persons have the right to work in an environment | ||||||
| 13 | free from sexual harassment. All persons subject to this Act | ||||||
| 14 | shall refrain from sexual harassment of any person. | ||||||
| 15 | (b) (Blank.) Until January 1, 2020, each natural person | ||||||
| 16 | required to register as a lobbyist under this Act must | ||||||
| 17 | complete, at least annually, a sexual harassment training | ||||||
| 18 | program provided by the Secretary of State. A natural person | ||||||
| 19 | registered under this Act must complete the training program no | ||||||
| 20 | later than 30 days after registration or renewal under this | ||||||
| 21 | Act. This requirement does not apply to a lobbying entity or a | ||||||
| 22 | client that hires a lobbyist that (i) does not have employees | ||||||
| 23 | of the lobbying entity or client registered as lobbyists, or | ||||||
| 24 | (ii) does not have an actual presence in Illinois. | ||||||
| 25 | (b-5) Each Beginning January 1, 2020, each natural person | ||||||
| |||||||
| |||||||
| 1 | required to register as a lobbyist under this Act must | ||||||
| 2 | complete, at least annually, a harassment and discrimination | ||||||
| 3 | prevention training program provided by the Secretary of State. | ||||||
| 4 | A natural person registered under this Act must complete the | ||||||
| 5 | training program before no later than 30 days after | ||||||
| 6 | registration or renewal is deemed complete under this Act. This | ||||||
| 7 | requirement does not apply to a lobbying entity or a client | ||||||
| 8 | that hires a lobbyist that (i) does not have employees of the | ||||||
| 9 | lobbying entity or client registered as lobbyists, or (ii) does | ||||||
| 10 | not have an actual presence in Illinois. For the purposes of | ||||||
| 11 | this subsection, "unlawful discrimination" and "harassment" | ||||||
| 12 | mean unlawful discrimination and harassment prohibited under | ||||||
| 13 | Section 2-102 of the Illinois Human Rights Act. | ||||||
| 14 | (c) Before registration or renewal is deemed complete under | ||||||
| 15 | this Act No later than January 1, 2018, each natural person and | ||||||
| 16 | any entity required to register under this Act shall have a | ||||||
| 17 | written sexual harassment policy that shall include, at a | ||||||
| 18 | minimum: (i) a prohibition on sexual harassment; (ii) details | ||||||
| 19 | on how an individual can report an allegation of sexual | ||||||
| 20 | harassment, including options for making a confidential report | ||||||
| 21 | to a supervisor, ethics officer, Inspector General, or the | ||||||
| 22 | Department of Human Rights; (iii) a prohibition on retaliation | ||||||
| 23 | for reporting sexual harassment allegations, including | ||||||
| 24 | availability of whistleblower protections under the State | ||||||
| 25 | Officials and Employee Ethics Act, the Whistleblower Act, and | ||||||
| 26 | the Illinois Human Rights Act; and (iv) the consequences of a | ||||||
| |||||||
| |||||||
| 1 | violation of the prohibition on sexual harassment and the | ||||||
| 2 | consequences for knowingly making a false report. | ||||||
| 3 | (d) For purposes of this Act, "sexual harassment" means any | ||||||
| 4 | unwelcome sexual advances or requests for sexual favors or any | ||||||
| 5 | conduct of a sexual nature when: (i) submission to such conduct | ||||||
| 6 | is made either explicitly or implicitly a term or condition of | ||||||
| 7 | an individual's employment; (ii) submission to or rejection of | ||||||
| 8 | such conduct by an individual is used as the basis for | ||||||
| 9 | employment decisions affecting such individual; or (iii) such | ||||||
| 10 | conduct has the purpose or effect of substantially interfering | ||||||
| 11 | with an individual's work performance or creating an | ||||||
| 12 | intimidating, hostile, or offensive working environment. For | ||||||
| 13 | the purposes of this definition, the phrase "working | ||||||
| 14 | environment" is not limited to a physical location an employee | ||||||
| 15 | is assigned to perform his or her duties and does not require | ||||||
| 16 | an employment relationship. | ||||||
| 17 | (e) The Secretary of State shall adopt rules for the | ||||||
| 18 | implementation of this Section. In order to provide for the | ||||||
| 19 | expeditious and timely implementation of this Section, the | ||||||
| 20 | Secretary of State shall adopt emergency rules under subsection | ||||||
| 21 | (z) of Section 5-45 of the Illinois Administrative Procedure | ||||||
| 22 | Act for the implementation of this Section no later than 60 | ||||||
| 23 | days after the effective date of this amendatory Act of the | ||||||
| 24 | 100th General Assembly.
| ||||||
| 25 | (Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.)
| ||||||
| |||||||
| |||||||
| 1 | (25 ILCS 170/5) | ||||||
| 2 | Sec. 5. Lobbyist registration and disclosure. Every | ||||||
| 3 | natural person and every entity required to
register under this | ||||||
| 4 | Act shall
before any service
is performed which requires the | ||||||
| 5 | natural person or entity to register, but in any event not
| ||||||
| 6 | later than 2 business days after being employed or retained, | ||||||
| 7 | file in the Office of the
Secretary of State a statement in a | ||||||
| 8 | format prescribed by the Secretary of State containing the
| ||||||
| 9 | following
information
with respect to each person or entity
| ||||||
| 10 | employing, retaining, or benefitting from the services of the | ||||||
| 11 | natural person or entity required to register:
| ||||||
| 12 | (a) The registrant's name, permanent address, e-mail
| ||||||
| 13 | address, if any,
fax
number, if any, business telephone | ||||||
| 14 | number, and temporary address, if the
registrant has a | ||||||
| 15 | temporary address while lobbying.
| ||||||
| 16 | (a-5) If the registrant is an entity, the
information | ||||||
| 17 | required under subsection (a) for each natural person | ||||||
| 18 | associated with the
registrant who will be lobbying,
| ||||||
| 19 | regardless of whether lobbying is a significant part of his | ||||||
| 20 | or her duties.
| ||||||
| 21 | (b) The name and address of the client or clients | ||||||
| 22 | employing or retaining
the registrant to perform such | ||||||
| 23 | services or on whose behalf the registrant appears.
If the | ||||||
| 24 | client employing or retaining the registrant is a client | ||||||
| 25 | registrant, the statement shall also include the name and | ||||||
| 26 | address of the client or clients of the client registrant | ||||||
| |||||||
| |||||||
| 1 | on whose behalf the registrant will be or anticipates | ||||||
| 2 | performing services. | ||||||
| 3 | (b-5) If the registrant employs or retains a | ||||||
| 4 | sub-registrant, the statement shall include the name and | ||||||
| 5 | address of the sub-registrant and identify the client or | ||||||
| 6 | clients of the registrant on whose behalf the | ||||||
| 7 | sub-registrant will be or is anticipated to be performing | ||||||
| 8 | services. | ||||||
| 9 | (b-7) If the registrant retains a consultant, the | ||||||
| 10 | statement shall include the name and address of the | ||||||
| 11 | consultant and identify the client or clients and each | ||||||
| 12 | executive and legislative branch agency for which the | ||||||
| 13 | consultant is to provide advisory services. | ||||||
| 14 | (c) For those identified under subsections (b), (b-5), | ||||||
| 15 | and (b-7), a A brief description of the executive, | ||||||
| 16 | legislative, or administrative
action in reference to | ||||||
| 17 | which such service is to be rendered.
| ||||||
| 18 | (c-5) Each executive and legislative branch agency of | ||||||
| 19 | the State and each unit of local government the registrant
| ||||||
| 20 | expects
to lobby during the registration period.
| ||||||
| 21 | (c-6) The nature of the client's business, by | ||||||
| 22 | indicating all
of the following categories that apply: (1) | ||||||
| 23 | banking and financial services, (2)
manufacturing, (3) | ||||||
| 24 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
| 25 | (7) community interests, (8) labor, (9) public relations or
| ||||||
| 26 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
| |||||||
| |||||||
| 1 | (12) engineering,
(13) information or technology products | ||||||
| 2 | or services, (14) social services,
(15) public utilities, | ||||||
| 3 | (16) racing or wagering, (17) real estate or
construction, | ||||||
| 4 | (18) telecommunications, (19) trade or professional
| ||||||
| 5 | association, (20) travel or tourism, (21) transportation, | ||||||
| 6 | (22) agriculture, and (23) other
(setting forth the nature | ||||||
| 7 | of that other business).
| ||||||
| 8 | (d) A confirmation that the registrant has a sexual | ||||||
| 9 | harassment policy as required by Section 4.7, that such | ||||||
| 10 | policy shall be made available to any individual within 2 | ||||||
| 11 | business days upon written request (including electronic | ||||||
| 12 | requests), that any person may contact the authorized agent | ||||||
| 13 | of the registrant to report allegations of sexual | ||||||
| 14 | harassment, and that the registrant recognizes the | ||||||
| 15 | Inspector General has jurisdiction to review any | ||||||
| 16 | allegations of sexual harassment alleged against the | ||||||
| 17 | registrant or lobbyists hired by the registrant. | ||||||
| 18 | (e) (Blank.) Each unit of local government in this | ||||||
| 19 | State for which the registrant is or expects to be required | ||||||
| 20 | to register to lobby the local government during the | ||||||
| 21 | registration period. "Lobby" shall have the meaning | ||||||
| 22 | ascribed to it by the relevant unit of local government. | ||||||
| 23 | (f) Each elected or appointed public office in this | ||||||
| 24 | State to be held by the registrant at any time during the | ||||||
| 25 | registration period. | ||||||
| 26 | Every natural person and every entity required to register | ||||||
| |||||||
| |||||||
| 1 | under this Act shall annually submit the registration required | ||||||
| 2 | by this Section on or before each January 31. The registrant | ||||||
| 3 | has a continuing duty to report any substantial change or | ||||||
| 4 | addition to the information contained in the registration.
A | ||||||
| 5 | registrant who retains a consultant shall file an amended | ||||||
| 6 | registration before any consulting services are performed, but | ||||||
| 7 | in any event not later than 2 business days after the | ||||||
| 8 | consultant is retained, setting forth the information required | ||||||
| 9 | in subsections (b-7) and (c) of this Section. Registrants | ||||||
| 10 | registered as of the effective date of this amendatory Act of | ||||||
| 11 | the 101st General Assembly shall update their registration to | ||||||
| 12 | add the information required under subsections (b-5), (e), and | ||||||
| 13 | (f), if applicable, within 30 days after the effective date of | ||||||
| 14 | this amendatory Act of the 101st General Assembly. | ||||||
| 15 | The Secretary of State shall make all filed statements and | ||||||
| 16 | amendments to statements publicly available by means of a | ||||||
| 17 | searchable database that is accessible through the World Wide | ||||||
| 18 | Web. The Secretary of State shall provide all software | ||||||
| 19 | necessary to comply with this provision to all natural persons | ||||||
| 20 | and entities required to file. The Secretary of State shall | ||||||
| 21 | implement a plan to provide computer access and assistance to | ||||||
| 22 | natural persons and entities required to file electronically. | ||||||
| 23 | All natural persons
and entities required to register under | ||||||
| 24 | this Act shall remit a single, annual, and
nonrefundable $300 | ||||||
| 25 | registration fee. Each natural person required to register
| ||||||
| 26 | under this Act shall submit, on an annual basis, a picture of | ||||||
| |||||||
| |||||||
| 1 | the registrant. A registrant may, in lieu of submitting a
| ||||||
| 2 | picture on an annual basis, authorize the Secretary of State to | ||||||
| 3 | use any photo
identification available in any database | ||||||
| 4 | maintained by the Secretary of State
for other purposes. Each | ||||||
| 5 | registration fee collected for registrations on
or after | ||||||
| 6 | January 1, 2010 shall be deposited into the Lobbyist
| ||||||
| 7 | Registration Administration Fund for administration and | ||||||
| 8 | enforcement
of this
Act.
| ||||||
| 9 | (Source: P.A. 100-554, eff. 11-16-17; 101-595, eff. 12-5-19.)
| ||||||
| 10 | (25 ILCS 170/6) (from Ch. 63, par. 176) | ||||||
| 11 | Sec. 6. Reports. | ||||||
| 12 | (a) Lobbyist reports. Except as otherwise provided in this | ||||||
| 13 | Section, every lobbyist registered under this Act who is solely | ||||||
| 14 | employed by a lobbying entity
shall file an affirmation, | ||||||
| 15 | verified under
oath pursuant to Section 1-109 of the Code of | ||||||
| 16 | Civil Procedure, with
the
Secretary of
State attesting to the | ||||||
| 17 | accuracy of any reports filed pursuant to subsection (b) as | ||||||
| 18 | those reports pertain to work performed by the lobbyist. Any | ||||||
| 19 | lobbyist registered under this Act who is not solely employed | ||||||
| 20 | by a lobbying entity shall personally file reports required of | ||||||
| 21 | lobbying entities pursuant to subsection (b). A lobbyist may, | ||||||
| 22 | if authorized so to do by a lobbying entity by whom he or she is | ||||||
| 23 | employed or retained, file lobbying entity reports pursuant to | ||||||
| 24 | subsection (b) provided that the lobbying entity may delegate | ||||||
| 25 | the filing of the lobbying entity report to only one lobbyist | ||||||
| |||||||
| |||||||
| 1 | in any reporting period.
| ||||||
| 2 | (b) Lobbying entity reports. Every lobbying entity | ||||||
| 3 | registered under this Act shall report expenditures related to | ||||||
| 4 | lobbying, including any expenditures made by a consultant in | ||||||
| 5 | performing services for the lobbying entity. The report shall | ||||||
| 6 | itemize each individual expenditure or transaction
and shall | ||||||
| 7 | include the name of the official on whose behalf the
| ||||||
| 8 | expenditure
was made, the name of the client if the expenditure | ||||||
| 9 | was made on behalf of a client, the
total amount of the | ||||||
| 10 | expenditure, a description of the expenditure, the vendor or | ||||||
| 11 | purveyor to whom the expenditure was made (including the | ||||||
| 12 | address or location of the expenditure), the date on which the | ||||||
| 13 | expenditure occurred and
the subject matter of the lobbying | ||||||
| 14 | activity, if any.
For those expenditures made on behalf of a | ||||||
| 15 | client, if the client is a client registrant, the report shall | ||||||
| 16 | also include the name and address of the client or clients of | ||||||
| 17 | the client registrant or the official or officials on whose | ||||||
| 18 | behalf the expenditure ultimately was made. Each expenditure | ||||||
| 19 | required to be reported shall include all expenses made for or | ||||||
| 20 | on behalf of an official or his or her immediate family member | ||||||
| 21 | living with the official. | ||||||
| 22 | (b-1) The report shall include any change or addition to | ||||||
| 23 | the client list information, required in Section 5 for | ||||||
| 24 | registration, since the last report, including the names and | ||||||
| 25 | addresses of all clients who retained the lobbying entity | ||||||
| 26 | together with an itemized description for each client of the | ||||||
| |||||||
| |||||||
| 1 | following: (1) lobbying regarding executive action, including | ||||||
| 2 | the name of any executive agency lobbied and the subject | ||||||
| 3 | matter; (2) lobbying regarding legislative action, including | ||||||
| 4 | the General Assembly and any other agencies lobbied and the | ||||||
| 5 | subject matter; and (3) lobbying regarding administrative | ||||||
| 6 | action, including the agency lobbied and the subject matter. | ||||||
| 7 | Registrants who made no reportable expenditures during a | ||||||
| 8 | reporting period shall file a report stating that no | ||||||
| 9 | expenditures were incurred.
| ||||||
| 10 | (b-2) Expenditures attributable to lobbying officials | ||||||
| 11 | shall be listed and reported
according to the following | ||||||
| 12 | categories:
| ||||||
| 13 | (1) Travel and lodging on behalf of others, including, | ||||||
| 14 | but not limited to, all travel and living accommodations | ||||||
| 15 | made for or on behalf of State officials during sessions of | ||||||
| 16 | the General Assembly.
| ||||||
| 17 | (2) Meals, beverages and other entertainment.
| ||||||
| 18 | (3) Gifts (indicating which, if any, are on the basis | ||||||
| 19 | of personal friendship).
| ||||||
| 20 | (4) Honoraria.
| ||||||
| 21 | (5) Any other thing or service of value not listed | ||||||
| 22 | under categories (1) through (4), setting forth a | ||||||
| 23 | description of the expenditure.
The category travel and | ||||||
| 24 | lodging includes, but is not limited to, all travel and | ||||||
| 25 | living accommodations made for or on behalf of State | ||||||
| 26 | officials in the State capital during sessions of the | ||||||
| |||||||
| |||||||
| 1 | General Assembly.
| ||||||
| 2 | (b-3) Expenditures incurred for hosting receptions, | ||||||
| 3 | benefits and other large
gatherings held for purposes of | ||||||
| 4 | goodwill or otherwise to influence executive,
legislative or | ||||||
| 5 | administrative action to which there are 25 or more State
| ||||||
| 6 | officials invited shall be reported listing only the total | ||||||
| 7 | amount of
the
expenditure, the date of the event, and the | ||||||
| 8 | estimated number of officials in
attendance.
| ||||||
| 9 | (b-7) Matters excluded from reports. The following items | ||||||
| 10 | need not be included in the report: | ||||||
| 11 | (1) Reasonable and bona fide expenditures made by the | ||||||
| 12 | registrant
who is a member of a legislative or State study | ||||||
| 13 | commission or committee while
attending and participating | ||||||
| 14 | in meetings and hearings of such commission or
committee.
| ||||||
| 15 | (2) Reasonable and bona fide expenditures made by the | ||||||
| 16 | registrant for personal
sustenance, lodging, travel, | ||||||
| 17 | office expenses and clerical or support staff.
| ||||||
| 18 | (3) Salaries, fees, and other compensation paid to
the | ||||||
| 19 | registrant
for the
purposes of lobbying.
| ||||||
| 20 | (4) Any contributions required to be reported under | ||||||
| 21 | Article 9 of the Election
Code.
| ||||||
| 22 | (5) Expenditures made by a registrant on behalf of an | ||||||
| 23 | official that are returned or reimbursed prior to the | ||||||
| 24 | deadline for submission of the report. | ||||||
| 25 | (c)
A registrant who terminates employment or duties which | ||||||
| 26 | required him to
register under this Act shall give the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State, within 30 days after
the date of such | ||||||
| 2 | termination, written notice of such termination and shall
| ||||||
| 3 | include therewith a report of the expenditures described | ||||||
| 4 | herein, covering the
period of time since the filing of his | ||||||
| 5 | last report to the date of termination
of employment. Such | ||||||
| 6 | notice and report shall be final and relieve such
registrant of | ||||||
| 7 | further reporting under this Act, unless and until he later | ||||||
| 8 | takes
employment or assumes duties requiring him to again | ||||||
| 9 | register under this Act.
| ||||||
| 10 | (d) Failure to file any such report within the time | ||||||
| 11 | designated or the
reporting of incomplete information shall | ||||||
| 12 | constitute a violation of this Act.
| ||||||
| 13 | A registrant shall preserve for a period of 2 years all | ||||||
| 14 | receipts and records
used in preparing reports under this Act.
| ||||||
| 15 | (e) Within 30 days after a filing deadline or as provided | ||||||
| 16 | by rule, the lobbyist shall notify each
official on whose | ||||||
| 17 | behalf an expenditure has been reported. Notification shall
| ||||||
| 18 | include the name of the registrant, the total amount of the | ||||||
| 19 | expenditure, a description of the expenditure, the
date on | ||||||
| 20 | which the expenditure occurred, and the subject matter of the | ||||||
| 21 | lobbying
activity.
| ||||||
| 22 | (f) A report for the period beginning January 1, 2010 and | ||||||
| 23 | ending on June 30, 2010 shall be filed no later than July 15, | ||||||
| 24 | 2010, and a report for the period beginning July 1, 2010 and | ||||||
| 25 | ending on December 31, 2010 shall be filed no later than | ||||||
| 26 | January 15, 2011. Beginning January 1, 2011, reports shall be | ||||||
| |||||||
| |||||||
| 1 | filed semi-monthly as follows: (i) for the period beginning the | ||||||
| 2 | first day of the month through the 15th day of the month, the | ||||||
| 3 | report shall be filed no later than the 20th day of the month | ||||||
| 4 | and (ii) for the period beginning on the 16th day of the month | ||||||
| 5 | through the last day of the month, the report shall be filed no | ||||||
| 6 | later than the 5th day of the following month. A report filed | ||||||
| 7 | under this Act is due in the Office of the Secretary of State | ||||||
| 8 | no later than the close of business on the date on which it is | ||||||
| 9 | required to be filed. | ||||||
| 10 | (g) All reports filed under this Act shall be filed in a | ||||||
| 11 | format or on forms prescribed by the Secretary of State.
| ||||||
| 12 | (Source: P.A. 98-459, eff. 1-1-14.)
| ||||||
| 13 | (25 ILCS 170/8) (from Ch. 63, par. 178)
| ||||||
| 14 | Sec. 8. Contingent
fees prohibited. No person shall retain | ||||||
| 15 | or employ another to lobby or provide services as a consultant | ||||||
| 16 | with respect to any legislative, executive, or administrative | ||||||
| 17 | action for compensation contingent in whole or in part upon the
| ||||||
| 18 | outcome of the action and no person shall accept any such | ||||||
| 19 | employment
or render any such service for compensation | ||||||
| 20 | contingent upon the outcome of the legislative, executive, or | ||||||
| 21 | administrative action.
| ||||||
| 22 | (Source: P.A. 93-889, eff. 8-9-04.)
| ||||||
| 23 | (25 ILCS 170/11.2)
| ||||||
| 24 | Sec. 11.2. Local regulation. No unit of local government, | ||||||
| |||||||
| |||||||
| 1 | including a home rule unit, may regulate lobbying in a manner | ||||||
| 2 | inconsistent with this Act and all existing all existing laws | ||||||
| 3 | and ordinances which are inconsistent with this Act are hereby | ||||||
| 4 | superseded. This subsection is a limit on home rule powers | ||||||
| 5 | pursuant to paragraphs (h) and (i) of Section 6 of Article VII | ||||||
| 6 | of the Illinois Constitution. A unit of local government or | ||||||
| 7 | school
district may adopt an ordinance or resolution regulating | ||||||
| 8 | lobbying activities
with that unit of local government or | ||||||
| 9 | school district that imposes requirements
similar to those | ||||||
| 10 | imposed by this Act.
| ||||||
| 11 | (Source: P.A. 88-187.)
| ||||||
| 12 | Section 99. Effective date. This Act takes effect on | ||||||
| 13 | January 1, 2022.".
| ||||||
