Bill Text: IL HB0325 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act. Provides that no former officer, former member, or former State employee and no employee or immediate family member of a former officer, former member, or former State employee shall engage in lobbying for a period of 2 years after the last day of the most recent term of office to which the former officer was elected or, if not elected, for a period of 2 years after the former officer, former member, or former State employee ended his or her employment with the State. Makes a violation of these requirements a Class 4 felony. Authorizes the imposition of a fine in an amount equal to the total amount of salary, compensation, or any other form of payment that the person received in connection with the prohibited activity. Defines "immediate family member". Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0325 Detail]

Download: Illinois-2017-HB0325-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0325

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:
5 ILCS 430/1-5
5 ILCS 430/5-47 new
5 ILCS 430/50-5

Amends the State Officials and Employees Ethics Act. Provides that no former officer, former member, or former State employee and no employee or immediate family member of a former officer, former member, or former State employee shall engage in lobbying for a period of 2 years after the last day of the most recent term of office to which the former officer was elected or, if not elected, for a period of 2 years after the former officer, former member, or former State employee ended his or her employment with the State. Makes a violation of these requirements a Class 4 felony. Authorizes the imposition of a fine in an amount equal to the total amount of salary, compensation, or any other form of payment that the person received in connection with the prohibited activity. Defines "immediate family member". Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 1-5 and 50-5 and by adding Section
65-47 as follows:
7 (5 ILCS 430/1-5)
8 Sec. 1-5. Definitions. As used in this Act:
9 "Appointee" means a person appointed to a position in or
10with a State agency, regardless of whether the position is
11compensated.
12 "Board members of Regional Transit Boards" means any person
13appointed to serve on the governing board of a Regional Transit
14Board.
15 "Campaign for elective office" means any activity in
16furtherance of an effort to influence the selection,
17nomination, election, or appointment of any individual to any
18federal, State, or local public office or office in a political
19organization, or the selection, nomination, or election of
20Presidential or Vice-Presidential electors, but does not
21include activities (i) relating to the support or opposition of
22any executive, legislative, or administrative action (as those
23terms are defined in Section 2 of the Lobbyist Registration

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1Act), (ii) relating to collective bargaining, or (iii) that are
2otherwise in furtherance of the person's official State duties.
3 "Candidate" means a person who has filed nominating papers
4or petitions for nomination or election to an elected State
5office, or who has been appointed to fill a vacancy in
6nomination, and who remains eligible for placement on the
7ballot at either a general primary election or general
8election.
9 "Collective bargaining" has the same meaning as that term
10is defined in Section 3 of the Illinois Public Labor Relations
11Act.
12 "Commission" means an ethics commission created by this
13Act.
14 "Compensated time" means any time worked by or credited to
15a State employee that counts toward any minimum work time
16requirement imposed as a condition of employment with a State
17agency, but does not include any designated State holidays or
18any period when the employee is on a leave of absence.
19 "Compensatory time off" means authorized time off earned by
20or awarded to a State employee to compensate in whole or in
21part for time worked in excess of the minimum work time
22required of that employee as a condition of employment with a
23State agency.
24 "Contribution" has the same meaning as that term is defined
25in Section 9-1.4 of the Election Code.
26 "Employee" means (i) any person employed full-time,

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1part-time, or pursuant to a contract and whose employment
2duties are subject to the direction and control of an employer
3with regard to the material details of how the work is to be
4performed or (ii) any appointed or elected commissioner,
5trustee, director, or board member of a board of a State
6agency, including any retirement system or investment board
7subject to the Illinois Pension Code or (iii) any other
8appointee.
9 "Employment benefits" include but are not limited to the
10following: modified compensation or benefit terms; compensated
11time off; or change of title, job duties, or location of office
12or employment. An employment benefit may also include favorable
13treatment in determining whether to bring any disciplinary or
14similar action or favorable treatment during the course of any
15disciplinary or similar action or other performance review.
16 "Executive branch constitutional officer" means the
17Governor, Lieutenant Governor, Attorney General, Secretary of
18State, Comptroller, and Treasurer.
19 "Gift" means any gratuity, discount, entertainment,
20hospitality, loan, forbearance, or other tangible or
21intangible item having monetary value including, but not
22limited to, cash, food and drink, and honoraria for speaking
23engagements related to or attributable to government
24employment or the official position of an employee, member, or
25officer. The value of a gift may be further defined by rules
26adopted by the appropriate ethics commission or by the Auditor

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1General for the Auditor General and for employees of the office
2of the Auditor General.
3 "Governmental entity" means a unit of local government
4(including a community college district) or a school district
5but not a State agency or a Regional Transit Board.
6 "Immediate family member" means a person's spouse by
7marriage, partner in a civil union, or his or her child by
8birth or adoption.
9 "Leave of absence" means any period during which a State
10employee does not receive (i) compensation for State
11employment, (ii) service credit towards State pension
12benefits, and (iii) health insurance benefits paid for by the
13State.
14 "Legislative branch constitutional officer" means a member
15of the General Assembly and the Auditor General.
16 "Legislative leader" means the President and Minority
17Leader of the Senate and the Speaker and Minority Leader of the
18House of Representatives.
19 "Member" means a member of the General Assembly.
20 "Officer" means an executive branch constitutional officer
21or a legislative branch constitutional officer.
22 "Political" means any activity in support of or in
23connection with any campaign for elective office or any
24political organization, but does not include activities (i)
25relating to the support or opposition of any executive,
26legislative, or administrative action (as those terms are

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1defined in Section 2 of the Lobbyist Registration Act), (ii)
2relating to collective bargaining, or (iii) that are otherwise
3in furtherance of the person's official State duties or
4governmental and public service functions.
5 "Political organization" means a party, committee,
6association, fund, or other organization (whether or not
7incorporated) that is required to file a statement of
8organization with the State Board of Elections or a county
9clerk under Section 9-3 of the Election Code, but only with
10regard to those activities that require filing with the State
11Board of Elections or a county clerk.
12 "Prohibited political activity" means:
13 (1) Preparing for, organizing, or participating in any
14 political meeting, political rally, political
15 demonstration, or other political event.
16 (2) Soliciting contributions, including but not
17 limited to the purchase of, selling, distributing, or
18 receiving payment for tickets for any political
19 fundraiser, political meeting, or other political event.
20 (3) Soliciting, planning the solicitation of, or
21 preparing any document or report regarding any thing of
22 value intended as a campaign contribution.
23 (4) Planning, conducting, or participating in a public
24 opinion poll in connection with a campaign for elective
25 office or on behalf of a political organization for
26 political purposes or for or against any referendum

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1 question.
2 (5) Surveying or gathering information from potential
3 or actual voters in an election to determine probable vote
4 outcome in connection with a campaign for elective office
5 or on behalf of a political organization for political
6 purposes or for or against any referendum question.
7 (6) Assisting at the polls on election day on behalf of
8 any political organization or candidate for elective
9 office or for or against any referendum question.
10 (7) Soliciting votes on behalf of a candidate for
11 elective office or a political organization or for or
12 against any referendum question or helping in an effort to
13 get voters to the polls.
14 (8) Initiating for circulation, preparing,
15 circulating, reviewing, or filing any petition on behalf of
16 a candidate for elective office or for or against any
17 referendum question.
18 (9) Making contributions on behalf of any candidate for
19 elective office in that capacity or in connection with a
20 campaign for elective office.
21 (10) Preparing or reviewing responses to candidate
22 questionnaires in connection with a campaign for elective
23 office or on behalf of a political organization for
24 political purposes.
25 (11) Distributing, preparing for distribution, or
26 mailing campaign literature, campaign signs, or other

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1 campaign material on behalf of any candidate for elective
2 office or for or against any referendum question.
3 (12) Campaigning for any elective office or for or
4 against any referendum question.
5 (13) Managing or working on a campaign for elective
6 office or for or against any referendum question.
7 (14) Serving as a delegate, alternate, or proxy to a
8 political party convention.
9 (15) Participating in any recount or challenge to the
10 outcome of any election, except to the extent that under
11 subsection (d) of Section 6 of Article IV of the Illinois
12 Constitution each house of the General Assembly shall judge
13 the elections, returns, and qualifications of its members.
14 "Prohibited source" means any person or entity who:
15 (1) is seeking official action (i) by the member or
16 officer or (ii) in the case of an employee, by the employee
17 or by the member, officer, State agency, or other employee
18 directing the employee;
19 (2) does business or seeks to do business (i) with the
20 member or officer or (ii) in the case of an employee, with
21 the employee or with the member, officer, State agency, or
22 other employee directing the employee;
23 (3) conducts activities regulated (i) by the member or
24 officer or (ii) in the case of an employee, by the employee
25 or by the member, officer, State agency, or other employee
26 directing the employee;

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1 (4) has interests that may be substantially affected by
2 the performance or non-performance of the official duties
3 of the member, officer, or employee;
4 (5) is registered or required to be registered with the
5 Secretary of State under the Lobbyist Registration Act,
6 except that an entity not otherwise a prohibited source
7 does not become a prohibited source merely because a
8 registered lobbyist is one of its members or serves on its
9 board of directors; or
10 (6) is an agent of, a spouse of, or an immediate family
11 member who is living with a "prohibited source".
12 "Regional Transit Boards" means (i) the Regional
13Transportation Authority created by the Regional
14Transportation Authority Act, (ii) the Suburban Bus Division
15created by the Regional Transportation Authority Act, (iii) the
16Commuter Rail Division created by the Regional Transportation
17Authority Act, and (iv) the Chicago Transit Authority created
18by the Metropolitan Transit Authority Act.
19 "State agency" includes all officers, boards, commissions
20and agencies created by the Constitution, whether in the
21executive or legislative branch; all officers, departments,
22boards, commissions, agencies, institutions, authorities,
23public institutions of higher learning as defined in Section 2
24of the Higher Education Cooperation Act (except community
25colleges), and bodies politic and corporate of the State; and
26administrative units or corporate outgrowths of the State

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1government which are created by or pursuant to statute, other
2than units of local government (including community college
3districts) and their officers, school districts, and boards of
4election commissioners; and all administrative units and
5corporate outgrowths of the above and as may be created by
6executive order of the Governor. "State agency" includes the
7General Assembly, the Senate, the House of Representatives, the
8President and Minority Leader of the Senate, the Speaker and
9Minority Leader of the House of Representatives, the Senate
10Operations Commission, and the legislative support services
11agencies. "State agency" includes the Office of the Auditor
12General. "State agency" does not include the judicial branch.
13 "State employee" means any employee of a State agency.
14 "Ultimate jurisdictional authority" means the following:
15 (1) For members, legislative partisan staff, and
16 legislative secretaries, the appropriate legislative
17 leader: President of the Senate, Minority Leader of the
18 Senate, Speaker of the House of Representatives, or
19 Minority Leader of the House of Representatives.
20 (2) For State employees who are professional staff or
21 employees of the Senate and not covered under item (1), the
22 Senate Operations Commission.
23 (3) For State employees who are professional staff or
24 employees of the House of Representatives and not covered
25 under item (1), the Speaker of the House of
26 Representatives.

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1 (4) For State employees who are employees of the
2 legislative support services agencies, the Joint Committee
3 on Legislative Support Services.
4 (5) For State employees of the Auditor General, the
5 Auditor General.
6 (6) For State employees of public institutions of
7 higher learning as defined in Section 2 of the Higher
8 Education Cooperation Act (except community colleges), the
9 board of trustees of the appropriate public institution of
10 higher learning.
11 (7) For State employees of an executive branch
12 constitutional officer other than those described in
13 paragraph (6), the appropriate executive branch
14 constitutional officer.
15 (8) For State employees not under the jurisdiction of
16 paragraph (1), (2), (3), (4), (5), (6), or (7), the
17 Governor.
18 (9) For employees of Regional Transit Boards, the
19 appropriate Regional Transit Board.
20 (10) For board members of Regional Transit Boards, the
21 Governor.
22(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528,
23eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.)
24 (5 ILCS 430/5-47 new)
25 Sec. 5-47. Lobbying restrictions.

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1 (a) No former officer, former member, or former State
2employee and no employee or immediate family member of a former
3officer, former member, or former State employee shall, for a
4period of 2 years after the last day of the most recent term of
5office to which the former officer was elected or, if not
6elected, for a period of 2 years after the former officer,
7former member, or former State employee ended his or her
8employment with the State, engage in lobbying, as that term is
9defined in the Lobbyist Registration Act, whether: (i) as a
10lobbyist; (ii) as an owner, partner, shareholder, or some other
11interest-holder in a business that engages in lobbying; or
12(iii) in any other manner in which the officer, employee, or
13immediate family member derives salary, compensation, or other
14form of payment from an activity that is related in any manner
15whatsoever to lobbying.
16 (b) No immediate family member of an officer shall, during
17the term of office to which the officer is elected, engage in
18lobbying, as that term is defined in the Lobbyist Registration
19Act, whether: (i) as a lobbyist; (ii) as an owner, partner,
20shareholder, or some other interest-holder in a business that
21engages in lobbying; or (iii) in any other manner in which the
22immediate family member derives salary, compensation, or other
23form of payment from an activity that is related in any manner
24whatsoever to lobbying.
25 (5 ILCS 430/50-5)

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1 Sec. 50-5. Penalties.
2 (a) A person is guilty of a Class A misdemeanor if that
3person intentionally violates any provision of Section 5-15,
45-30, 5-40, or 5-45 or Article 15.
5 (a-1) An ethics commission may levy an administrative fine
6for a violation of Section 5-45 of this Act of up to 3 times the
7total annual compensation that would have been obtained in
8violation of Section 5-45.
9 (b) A person who intentionally violates any provision of
10Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
11offense subject to a fine of at least $1,001 and up to $5,000.
12 (c) A person who intentionally violates any provision of
13Article 10 is guilty of a business offense and subject to a
14fine of at least $1,001 and up to $5,000.
15 (d) Any person who intentionally makes a false report
16alleging a violation of any provision of this Act to an ethics
17commission, an inspector general, the State Police, a State's
18Attorney, the Attorney General, or any other law enforcement
19official is guilty of a Class A misdemeanor.
20 (e) An ethics commission may levy an administrative fine of
21up to $5,000 against any person who violates this Act, who
22intentionally obstructs or interferes with an investigation
23conducted under this Act by an inspector general, or who
24intentionally makes a false, frivolous, or bad faith
25allegation.
26 (f) In addition to any other penalty that may apply,

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1whether criminal or civil, a State employee who intentionally
2violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
35-45, or 5-50, Article 10, Article 15, or Section 20-90 or
425-90 is subject to discipline or discharge by the appropriate
5ultimate jurisdictional authority.
6 (g) A person who intentionally violates any provision of
7Section 5-47 is guilty of a Class 4 felony.
8(Source: P.A. 96-555, eff. 8-18-09.)
9 Section 99. Effective date. This Act takes effect upon
10becoming law.
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