Bill Text: IL HB1203 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Governmental Ethics Act and the Lobbyist Registration Act. Redefines a special government agent who must file a statement of economic interests to include a person who, by or on behalf of a statewide executive branch constitutional officer, is directed, retained, designated, appointed, or employed to cause the making of an ex parte communication. Requires that a special government agent file a statement of economic interests before making any ex parte communications (now, within 30 days after). Makes a special government agent's failure to file a statement a Class 4 felony. Makes a special government agent ineligible for registration under the Lobbyist Registration Act. Makes it a violation of that Act for a person required to register to act as a special government agent and for a special government agent to engage in lobbying. Prohibits a person subject to the Act from accepting compensation from a State agency for lobbying legislative action. Exempts the salaries of full-time State employees with responsibilities or authority other than lobbying.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB1203 Detail]

Download: Illinois-2009-HB1203-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1203 Introduced 2/11/2009, by Rep. Robert F. Flider - Michael K. Smith - Mark L. Walker - Keith Farnham - Daniel V. Beiser, et al. SYNOPSIS AS INTRODUCED:
5 ILCS 420/4A-101 from Ch. 127, par. 604A-101
5 ILCS 420/4A-105 from Ch. 127, par. 604A-105
5 ILCS 420/4A-107 from Ch. 127, par. 604A-107
25 ILCS 170/4.5 new
25 ILCS 170/11.3 new
Amends the Illinois Governmental Ethics Act and the Lobbyist Registration Act. Redefines a special government agent who must file a statement of economic interests to include a person who, by or on behalf of a statewide executive branch constitutional officer, is directed, retained, designated, appointed, or employed to cause the making of an ex parte communication. Requires that a special government agent file a statement of economic interests before making any ex parte communications (now, within 30 days after). Makes a special government agent's failure to file a statement a Class 4 felony. Makes a special government agent ineligible for registration under the Lobbyist Registration Act. Makes it a violation of that Act for a person required to register to act as a special government agent and for a special government agent to engage in lobbying. Prohibits a person subject to the Act from accepting compensation from a State agency for lobbying legislative action. Exempts the salaries of full-time State employees with responsibilities or authority other than lobbying.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is amended
by changing Sections 4A-101, 4A-105, and 4A-107 as follows:
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
(a) Members of the General Assembly and candidates for
nomination or election to the General Assembly.
(b) Persons holding an elected office in the Executive
Branch of this State, and candidates for nomination or
election to these offices.
(c) Members of a Commission or Board created by the
Illinois Constitution, and candidates for nomination or
election to such Commission or Board.
(d) Persons whose appointment to office is subject to
confirmation by the Senate.
(e) Holders of, and candidates for nomination or
election to, the office of judge or associate judge of the
Circuit Court and the office of judge of the Appellate or
Supreme Court.

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(f) Persons who are employed by any branch, agency,
authority or board of the government of this State,
including but not limited to, the Illinois State Toll
Highway Authority, the Illinois Housing Development
Authority, the Illinois Community College Board, and
institutions under the jurisdiction of the Board of
Trustees of the University of Illinois, Board of Trustees
of Southern Illinois University, Board of Trustees of
Chicago State University, Board of Trustees of Eastern
Illinois University, Board of Trustees of Governor's State
University, Board of Trustees of Illinois State
University, Board of Trustees of Northeastern Illinois
University, Board of Trustees of Northern Illinois
University, Board of Trustees of Western Illinois
University, or Board of Trustees of the Illinois
Mathematics and Science Academy, and are compensated for
services as employees and not as independent contractors
and who:
(1) are, or function as, the head of a department,
commission, board, division, bureau, authority or
other administrative unit within the government of
this State, or who exercise similar authority within
the government of this State;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts

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entered into by the State in the amount of $5,000 or
more;
(3) have authority for the issuance or
promulgation of rules and regulations within areas
under the authority of the State;
(4) have authority for the approval of
professional licenses;
(5) have responsibility with respect to the
financial inspection of regulated nongovernmental
entities;
(6) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial
or administrative proceeding within the authority of
the State;
(7) have supervisory responsibility for 20 or more
employees of the State; or
(8) negotiate, assign, authorize, or grant naming
rights or sponsorship rights regarding any property or
asset of the State, whether real, personal, tangible,
or intangible.
(g) Persons who are elected to office in a unit of
local government, and candidates for nomination or
election to that office, including regional
superintendents of school districts.
(h) Persons appointed to the governing board of a unit

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of local government, or of a special district, and persons
appointed to a zoning board, or zoning board of appeals, or
to a regional, county, or municipal plan commission, or to
a board of review of any county, and persons appointed to
the Board of the Metropolitan Pier and Exposition Authority
and any Trustee appointed under Section 22 of the
Metropolitan Pier and Exposition Authority Act, and
persons appointed to a board or commission of a unit of
local government who have authority to authorize the
expenditure of public funds. This subsection does not apply
to members of boards or commissions who function in an
advisory capacity.
(i) Persons who are employed by a unit of local
government and are compensated for services as employees
and not as independent contractors and who:
(1) are, or function as, the head of a department,
division, bureau, authority or other administrative
unit within the unit of local government, or who
exercise similar authority within the unit of local
government;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the unit of local government in the
amount of $1,000 or greater;
(3) have authority to approve licenses and permits

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by the unit of local government; this item does not
include employees who function in a ministerial
capacity;
(4) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial
or administrative proceeding within the authority of
the unit of local government;
(5) have authority to issue or promulgate rules and
regulations within areas under the authority of the
unit of local government; or
(6) have supervisory responsibility for 20 or more
employees of the unit of local government.
(j) Persons on the Board of Trustees of the Illinois
Mathematics and Science Academy.
(k) Persons employed by a school district in positions
that require that person to hold an administrative or a
chief school business official endorsement.
(l) Special government agents. A "special government
agent" is a person who is directed, retained, designated,
appointed, or employed, with or without compensation, by or
on behalf of a statewide executive branch constitutional
officer to make, or cause to be made, an ex parte
communication under Section 5-50 of the State Officials and
Employees Ethics Act or Section 5-165 of the Illinois
Administrative Procedure Act.

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(m) Members of the board of commissioners of any flood
prevention district.
This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 95-719, eff. 5-21-08.)
(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
Sec. 4A-105. Time for filing. Except as provided in
Section 4A-106.1, by May 1 of each year a statement must be
filed by each person whose position at that time subjects him
to the filing requirements of Section 4A-101 unless he has
already filed a statement in relation to the same unit of
government in that calendar year.
Statements must also be filed as follows:
(a) A candidate for elective office shall file his
statement not later than the end of the period during which
he can take the action necessary under the laws of this
State to attempt to qualify for nomination, election, or
retention to such office if he has not filed a statement in
relation to the same unit of government within a year
preceding such action.
(b) A person whose appointment to office is subject to
confirmation by the Senate shall file his statement at the
time his name is submitted to the Senate for confirmation.

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(b-5) A special government agent, as defined in item
(1) of Section 4A-101 of this Act, shall file a statement
before within 30 days after making the first ex parte
communication and each May 1 thereafter if he or she has
made an ex parte communication within the previous 12
months.
(c) Any other person required by this Article to file
the statement shall file a statement at the time of his or
her initial appointment or employment in relation to that
unit of government if appointed or employed by May 1.
If any person who is required to file a statement of
economic interests fails to file such statement by May 1 of any
year, the officer with whom such statement is to be filed under
Section 4A-106 of this Act shall, within 7 days after May 1,
notify such person by certified mail of his or her failure to
file by the specified date. Except as may be prescribed by rule
of the Secretary of State, such person shall file his or her
statement of economic interests on or before May 15 with the
appropriate officer, together with a $15 late filing fee. Any
such person who fails to file by May 15 shall be subject to a
penalty of $100 for each day from May 16 to the date of filing,
which shall be in addition to the $15 late filing fee specified
above. Failure to file by May 31 shall result in a forfeiture
in accordance with Section 4A-107 of this Act.
Any person who takes office or otherwise becomes required
to file a statement of economic interests within 30 days prior

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to May 1 of any year may file his or her statement at any time
on or before May 31 without penalty. If such person fails to
file such statement by May 31, the officer with whom such
statement is to be filed under Section 4A-106 of this Act
shall, within 7 days after May 31, notify such person by
certified mail of his or her failure to file by the specified
date. Such person shall file his or her statement of economic
interests on or before June 15 with the appropriate officer,
together with a $15 late filing fee. Any such person who fails
to file by June 15 shall be subject to a penalty of $100 per day
for each day from June 16 to the date of filing, which shall be
in addition to the $15 late filing fee specified above. Failure
to file by June 30 shall result in a forfeiture in accordance
with Section 4A-107 of this Act.
All late filing fees and penalties collected pursuant to
this Section shall be paid into the General Revenue Fund in the
State treasury, if the Secretary of State receives such
statement for filing, or into the general fund in the county
treasury, if the county clerk receives such statement for
filing. The Attorney General, with respect to the State, and
the several State's Attorneys, with respect to counties, shall
take appropriate action to collect the prescribed penalties.
Failure to file a statement of economic interests within
the time prescribed shall not result in a fine or ineligibility
for, or forfeiture of, office or position of employment, as the
case may be; provided that the failure to file results from not

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being included for notification by the appropriate agency,
clerk, secretary, officer or unit of government, as the case
may be, and that a statement is filed within 30 days of actual
notice of the failure to file.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
Sec. 4A-107. Any person required to file a statement of
economic interests under this Article who willfully files a
false or incomplete statement shall be guilty of a Class A
misdemeanor.
Failure to file a statement within the time prescribed
shall result in ineligibility for, or forfeiture of, office or
position of employment, as the case may be; provided, however,
that if the notice of failure to file a statement of economic
interests provided in Section 4A-105 of this Act is not given
by the Secretary of State or the county clerk, as the case may
be, no forfeiture shall result if a statement is filed within
30 days of actual notice of the failure to file. In addition,
in the case of a special government agent as defined in Section
4A-101(l), failure to file shall result in a Class 4 felony.
The Attorney General, with respect to offices or positions
described in items (a) through (f) and items (j) and (l) of
Section 4A-101 of this Act, or the State's Attorney of the
county of the entity for which the filing of statements of
economic interests is required, with respect to offices or

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positions described in items (g) through (i) and item (k) of
Section 4A-101 of this Act, shall bring an action in quo
warranto against any person who has failed to file by either
May 31 or June 30 of any given year.
(Source: P.A. 93-617, eff. 12-9-03.)
Section 10. The Lobbyist Registration Act is amended by
adding Sections 4.5 and 11.3 as follows:
(25 ILCS 170/4.5 new)
Sec. 4.5. Special government agent. A special government
agent is ineligible to register under this Act.
It is a violation of this Act for a special government
agent to engage in activities for which this Act requires
registration.
It is a violation of this Act for a person registered or
required to register under this Act to act as a special
government agent.
"Special government agent" means a person required by item
(l) of Section 4A-101 of the Illinois Governmental Ethics Act
to file a statement of economic interests.
(25 ILCS 170/11.3 new)
Sec. 11.3. Compensation from a State agency. It is a
violation of this Act for a person registered or required to be
registered under this Act to accept or agree to accept

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compensation from a State agency for the purpose of lobbying
legislative action.
This Section does not apply to compensation that is a
portion of the salary of a full-time employee of a State agency
whose responsibility or authority includes, but is not limited
to, lobbying executive, legislative, or administrative action.
For the purpose of this Section, "State agency" is defined
as in the Illinois State Auditing Act.