Bill Text: IL SB0539 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made. Requires the Secretary of State to adjust specified amounts that prompt disclosure under the Act for purposes of inflation, and requires the Secretary to make conforming changes to the statement of economic interest form. Requires candidates filing for supreme court justice, appellate court judge, circuit court judge, or judicial retention to file their statement of economic interests in written or printed form. Modifies requirements concerning legislator restricted activities and the code of conduct. Prohibits a person appointed to an affected office from serving as an officer of a candidate political committee under specified circumstances. Amends the State Officials and Employees Ethics Act. Restricts fundraising during sessions of the General Assembly, regardless of county. Modifies provisions concerning procurement and revolving door prohibitions concerning the fiscal administration of State contracts. Provides further revolving door requirements for executive branch officers and members of the General Assembly concerning lobbying. Modifies requirements concerning the Executive Ethics Commission and the Legislative Ethics Commission. Modifies requirements for Executive Inspectors General and the Legislative Inspector General. Provides that all investigatory files and reports of the Office of an Executive Inspector General are, among other exemptions, privileged. Amends the Election Code. Prohibits a member of the State Board of Elections from contributing to a political committee, serving as an officer of a political committee, or being a candidate supported by a candidate political committee. Prohibits a limited activity committee from accepting contributions except under specified circumstances. Provides that a limited activity committee may only make specified expenditures. Amends the General Assembly Compensation Act. Provides that the compensation to be paid per year to members of the General Assembly shall be paid bi-monthly. Provides for member compensation on a prorated basis. Amends the Lobbyist Registration Act. Applies the requirements of the Act to municipalities, counties, and officials thereof, and other specified State officials. Provides for home rule preemption under the Act. Defines terms. Makes conforming changes. Adds an applicability clause. Effective January 1, 2022.

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2021-10-08 - Public Act . . . . . . . . . 102-0664 [SB0539 Detail]

Download: Illinois-2021-SB0539-Chaptered.html



Public Act 102-0664
SB0539 Re-EnrolledLRB102 04041 RJF 14057 b
AN ACT concerning State 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 1-109, 1-110, 2-101, 4A-102, 4A-103,
4A-107, and 4A-108 and by adding Sections 1-102.5, 1-104.3,
1-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.5, 1-105.6, 1-105.7,
1-112.5, 1-113.6, 1-113.7, and 3A-50 as follows:
(5 ILCS 420/1-102.5 new)
Sec. 1-102.5. "Asset" means, for the purposes of Sections
4A-102 and 4A-103, an item that is owned and has monetary
value. For the purposes of Sections 4A-102 and 4A-103, assets
include, but are not limited to: stocks, bonds, sector mutual
funds, sector exchange traded funds, commodity futures,
investment real estate, beneficial interests in trusts,
business interests, and partnership interests. For the
purposes of Sections 4A-102 and 4A-103, assets do not include:
personal residences; personal vehicles; savings or checking
accounts; bonds, notes, or securities issued by any branch of
federal, state, or local government; Medicare benefits;
inheritances or bequests, other than beneficial interests in
trusts; diversified funds; annuities; pensions (including
government pensions); retirement accounts; college savings
plans that are qualified tuition plans; qualified
tax-advantaged savings programs that allow individuals to save
for disability-related expenses; or tangible personal
property.
(5 ILCS 420/1-104.3 new)
Sec. 1-104.3. "Creditor" means, for the purposes of
Sections 4A-102 and 4A-103, an individual, organization, or
other business entity to whom money or its equivalent is owed,
no matter whether that obligation is secured or unsecured,
except that if a filer makes a loan to members of his or her
family, then that filer does not, by making such a loan, become
a creditor of that individual for the purposes of Sections
4A-102 and 4A-103 of this Act.
(5 ILCS 420/1-104.4 new)
Sec. 1-104.4. "Debt" means, for the purposes of Sections
4A-102 and 4A-103, any money or monetary obligation owed at
any time during the preceding calendar year to an individual,
company, or other organization, other than a loan that is from
a financial institution, government agency, or business entity
and that is granted on terms made available to the general
public. For the purposes of Sections 4A-102 and 4A-103, "debt"
includes, but is not limited to: personal loans from friends
or business associates, business loans made outside the
lender's regular course of business, and loans made at below
market rates. For the purposes of Sections 4A-102 and 4A-103,
"debt" does not include: (i) debts to or from financial
institutions or government entities, such as mortgages,
student loans, credit card debts, or loans secured by
automobiles, household furniture, or appliances, as long as
those loans were made on terms available to the general public
and do not exceed the purchase price of the items securing
them; (ii) debts to or from a political committee registered
with the Illinois State Board of Elections or political
committees, principal campaign committees, or authorized
committees registered with the Federal Election Commission; or
(iii) a loan from a member of the filer's family not known by
the filer to be registered to lobby under the Lobbyist
Registration Act.
(5 ILCS 420/1-104.5 new)
Sec. 1-104.5. "Diversified funds" means investment
products, such as mutual funds, exchange traded funds, or unit
investment trusts, that invest in a wide variety of securities
across multiple sectors or asset classes. "Diversified funds"
does not include sector funds.
(5 ILCS 420/1-105.2 new)
Sec. 1-105.2. "Economic relationship" means, for the
purposes of Sections 4A-102 and 4A-103, any joint or shared
ownership interests in businesses and creditor-debtor
relationships with third parties, other than commercial
lending institutions, where: (a) the filer is entitled to
receive (i) more than 7.5% of the total distributable income,
or (ii) an amount in excess of the salary of the Governor; or
(b) the filer together with his or her spouse or minor children
is entitled to receive (i) more than 15%, in the aggregate, of
the total distributable income, or (ii) an amount in excess of
2 times the salary of the Governor.
(5 ILCS 420/1-105.3 new)
Sec. 1-105.3. "Family" means, for the purposes of Sections
4A-102 and 4A-103, a filer's spouse, children, step-children,
parents, step-parents, siblings, step-siblings,
half-siblings, sons-in-law, daughters-in-law, grandparents,
and grandchildren, as well as the parents and grandparents of
the filer's spouse, and any person living with the filer.
(5 ILCS 420/1-105.5 new)
Sec. 1-105.5. "Filer" means, for the purposes of Sections
4A-102 and 4A-103, a person required to file a statement of
economic interests pursuant to this Act.
(5 ILCS 420/1-105.6 new)
Sec. 1-105.6. "Income" means, for the purposes of Sections
4A-102 and 4A-103, pension income and any income from whatever
source derived, required to be reported on the filer's federal
income tax return, including, but not limited to: compensation
received for services rendered or to be rendered (as required
to be reported on any Internal Revenue Service forms,
including, but not limited to, Forms W-2, 1099, or K-1);
earnings or capital gains from the sale of assets; profit;
interest or dividend income from all assets; revenue from
leases and rentals, royalties, prizes, awards, or barter;
forgiveness of debt; and earnings derived from annuities or
trusts other than testamentary trusts. "Income" does not
include compensation earned for service in the position that
necessitates the filing of the statement of economic
interests, or investment or interest returns on items excluded
from the definition of "asset", or income from the sale of a
personal residence or personal vehicle.
(5 ILCS 420/1-105.7 new)
Sec. 1-105.7. "Investment real estate" means any real
property, other than a filer's personal residences, purchased
to produce a profit, whether from income or resale. Investment
real estate may be described by the city and state where the
real estate is located.
(5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
Sec. 1-109. "Lobbying" means engaging in activities that
require registration under the Lobbyist Registration
Act promoting or opposing in any manner the passage by the
General Assembly of any legislative matter affecting the
interests of any individual, association or corporation as
distinct from those of the people of the State as a whole.
(Source: Laws 1967, p. 3401.)
(5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
Sec. 1-110. "Lobbyist" means an individual who is required
to be registered to engage in lobbying activities pursuant to
the Lobbyist Registration Act any person required to be
registered under "An Act concerning lobbying and providing a
penalty for violation thereof", approved July 10, 1957, as
amended.
(Source: Laws 1967, p. 3401.)
(5 ILCS 420/1-112.5 new)
Sec. 1-112.5. "Personal residence" means, for the purposes
of Sections 4A-102 and 4A-103, a filer's primary home
residence and any residential real property held by the filer
and used by the filer for residential rather than commercial
or income generating purposes.
(5 ILCS 420/1-113.6 new)
Sec. 1-113.6. "Sector funds" means mutual funds or
exchange traded funds invested in a particular industry or
business.
(5 ILCS 420/1-113.7 new)
Sec. 1-113.7. "Spouse" means a party to a marriage, a
party to a civil union, or a registered domestic partner.
(5 ILCS 420/2-101) (from Ch. 127, par. 602-101)
Sec. 2-101. Government official lobbying.
(a) No legislator may engage in promoting or opposing in
any manner the passage by the General Assembly of any
legislative matter affecting the interests of any individual,
association, or corporation as distinct from those of the
people of the State as a whole lobbying, as that term is
defined in Section 1-109, if he or she accepts compensation
specifically attributable to such lobbying, other than that
provided by law for members of the General Assembly. Nothing
in this Section prohibits a legislator from lobbying without
compensation.
No legislator or executive branch constitutional officer
shall engage in compensated lobbying of the governing body of
a municipality, county, or township, or an official thereof,
on behalf of any lobbyist or lobbying entity that is
registered to lobby the General Assembly or the executive
branch of the State of Illinois.
(b) No elected or appointed county executive or
legislative official shall engage in compensated lobbying of
the governing body of a county, municipality, township, the
General Assembly, a State executive branch office or agency,
or an official thereof, on behalf of any lobbyist or lobbying
entity that is registered to lobby the county in which the
official is elected or appointed.
(c) No elected or appointed municipal executive or
legislative official shall engage in compensated lobbying of
the governing body of a county, municipality, township, the
General Assembly, a State executive branch office or agency,
or an official thereof, on behalf of any lobbyist or lobbying
entity that is registered to lobby the municipality in which
the official is elected or appointed.
(d) No elected or appointed township executive or
legislative official shall engage in compensated lobbying of
the governing body of a county, municipality, township, the
General Assembly, a State executive branch office or agency,
or an official thereof, on behalf of any lobbyist or lobbying
entity that is registered to lobby the township in which the
official is elected or appointed.
(e) No elected or appointed municipal executive or
legislative official shall engage in compensated lobbying of
the governing body of a county, municipality, or township, the
General Assembly, a State executive branch office or agency,
or an official thereof, on behalf of any lobbyist or lobbying
entity if the person is an elected or appointed municipal
executive or legislative official from a municipality exempted
by the preemption provision of Section 11.2 of the Lobbyist
Registration Act.
(f) A violation of this Section shall constitute a Class A
misdemeanor.
(Source: P.A. 77-2830.)
(5 ILCS 420/3A-50 new)
Sec. 3A-50. Appointee political activity.
(a) No person who is appointed to an affected office
shall: (i) serve as an officer of a candidate political
committee; or (ii) be a candidate who is designated as the
candidate to be supported by a candidate political committee.
(b) A person appointed to an affected office who is either
an officer of a candidate political committee or a candidate
who is designated as the candidate to be supported by a
candidate political committee shall within 30 days after
confirmation by the Senate: (i) resign as an officer of the
candidate political committee; (ii) have his or her name
removed as the candidate to be supported by a candidate
political committee; (iii) notify the State Board of Elections
of the person's intent to convert the candidate political
committee to a limited activity committee under Section 9-1.8
of the Election Code and complete the transition to a limited
activity committee within 60 days after confirmation; or (iv)
dissolve the candidate political committee. A person appointed
to an affected office who is in violation of this subsection
(b) on the effective date of this amendatory Act of the 102nd
General Assembly must come into compliance within 30 days
after the effective date of this amendatory Act of the 102nd
General Assembly.
(c) As used in this Section:
"Affected office" means any office in which the appointee
receives any form of compensation, other than the
reimbursement of expenses, and whose appointment requires
advice and consent of the Senate.
"Candidate political committee" has the meaning given to
that term in Section 9-1.8 of the Election Code in which the
person subject to confirmation by the Senate is designated as
the candidate to be supported by the candidate political
committee under Section 9-2 of the Code.
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests required
by this Article shall include the economic interests of the
person making the statement as provided in this Section.
(a) The interest (if constructively controlled by the
person making the statement) of a spouse or any other party,
shall be considered to be the same as the interest of the
person making the statement. Campaign receipts shall not be
included in this statement. The following interests shall be
listed by all persons required to file:
(1) each asset that has a value of more than $10,000 as
of the end of the preceding calendar year and is: (i) held
in the filer's name, (ii) held jointly by the filer with
his or her spouse, or (iii) held jointly by the filer with
his or her minor child or children. For a beneficial
interest in a trust, the value is based on the total value
of the assets either subject to the beneficial interest,
or from which income is to be derived for the benefit of
the beneficial interest, regardless of whether any
distributions have been made for the benefit of the
beneficial interest;
(2) excluding the income from the position that
requires the filing of a statement of economic interests
under this Act, each source of income in excess of $7,500
during the preceding calendar year (as required to be
reported on the filer's federal income tax return covering
the preceding calendar year) for the filer and his or her
spouse and, if the sale or transfer of an asset produced
more than $7,500 in capital gains during the preceding
calendar year, the transaction date on which that asset
was sold or transferred;
(3) each creditor of a debt in excess of $10,000 that,
during the preceding calendar year, was: (i) owed by the
filer, (ii) owed jointly by the filer with his or her
spouse or (iii) owed jointly by the filer with his or her
minor child or children;
(4) the name of each unit of government of which the
filer or his or her spouse was an employee, contractor, or
office holder during the preceding calendar year other
than the unit or units of government in relation to which
the person is required to file and the title of the
position or nature of the contractual services;
(5) each person known to the filer to be registered as
a lobbyist with any unit of government in the State of
Illinois: (i) with whom the filer maintains an economic
relationship, or (ii) who is a member of the filer's
family; and
(6) each source and type of gift or gifts, or
honorarium or honoraria, valued singly or in the aggregate
in excess of $500 that was received during the preceding
calendar year, excluding any gift or gifts from a member
of the filer's family that was not known to the filer to be
registered as a lobbyist with any unit of government in
the State of Illinois.
For the purposes of this Section, the unit of local
government in relation to which a person is required to file
under item (e) of Section 4A-101.5 shall be the unit of local
government that contributes to the pension fund of which such
person is a member of the board.
(b) Beginning December 1, 2025, and for every 5 years
thereafter, the Secretary of State shall adjust the amounts
specified under this Section that prompt disclosure under this
Act for purposes of inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The Secretary shall publish this information on the official
website of the Secretary of State, and make changes to the
statement of economic interests form to be completed for the
following year.
(c) The Secretary of State shall develop and make publicly
available on his or her website written guidance relating to
the completion and filing of the statement of economic
interests upon which a filer may reasonably and in good faith
rely.
The interest (if constructively controlled by the person
making the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making
the statement. Campaign receipts shall not be included in this
statement.
(a) The following interests shall be listed by all
persons required to file:
(1) The name, address and type of practice of any
professional organization or individual professional
practice in which the person making the statement was
an officer, director, associate, partner or
proprietor, or served in any advisory capacity, from
which income in excess of $1200 was derived during the
preceding calendar year;
(2) The nature of professional services (other
than services rendered to the unit or units of
government in relation to which the person is required
to file) and the nature of the entity to which they
were rendered if fees exceeding $5,000 were received
during the preceding calendar year from the entity for
professional services rendered by the person making
the statement.
(3) The identity (including the address or legal
description of real estate) of any capital asset from
which a capital gain of $5,000 or more was realized in
the preceding calendar year.
(4) The name of any unit of government which has
employed the person making the statement during the
preceding calendar year other than the unit or units
of government in relation to which the person is
required to file.
(5) The name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in
the aggregate in excess of $500, was received during
the preceding calendar year.
(b) The following interests shall also be listed by
persons listed in items (a) through (f), item (l), item
(n), and item (p) of Section 4A-101:
(1) The name and instrument of ownership in any
entity doing business in the State of Illinois, in
which an ownership interest held by the person at the
date of filing is in excess of $5,000 fair market value
or from which dividends of in excess of $1,200 were
derived during the preceding calendar year. (In the
case of real estate, location thereof shall be listed
by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution, nor any debt instrument need be listed;
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income of in excess of $1,200 was derived during
the preceding calendar year, if the entity does
business in the State of Illinois. No time or demand
deposit in a financial institution, nor any debt
instrument need be listed.
(3) The identity of any compensated lobbyist with
whom the person making the statement maintains a close
economic association, including the name of the
lobbyist and specifying the legislative matter or
matters which are the object of the lobbying activity,
and describing the general type of economic activity
of the client or principal on whose behalf that person
is lobbying.
(c) The following interests shall also be listed by
persons listed in items (a) through (c) and item (e) of
Section 4A-101.5:
(1) The name and instrument of ownership in any
entity doing business with a unit of local government
in relation to which the person is required to file if
the ownership interest of the person filing is greater
than $5,000 fair market value as of the date of filing
or if dividends in excess of $1,200 were received from
the entity during the preceding calendar year. (In the
case of real estate, location thereof shall be listed
by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution, nor any debt instrument need be listed.
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income in excess of $1,200 was derived during
the preceding calendar year if the entity does
business with a unit of local government in relation
to which the person is required to file. No time or
demand deposit in a financial institution, nor any
debt instrument need be listed.
(3) The name of any entity and the nature of the
governmental action requested by any entity which has
applied to a unit of local government in relation to
which the person must file for any license, franchise
or permit for annexation, zoning or rezoning of real
estate during the preceding calendar year if the
ownership interest of the person filing is in excess
of $5,000 fair market value at the time of filing or if
income or dividends in excess of $1,200 were received
by the person filing from the entity during the
preceding calendar year.
For the purposes of this Section, the unit of local
government in relation to which a person required to file
under item (e) of Section 4A-101.5 shall be the unit of local
government that contributes to the pension fund of which such
person is a member of the board.
(Source: P.A. 101-221, eff. 8-9-19.)
(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
Sec. 4A-103. The statement of economic interests required
by this Article to be filed with the Secretary of State or
county clerk shall be filled in by typewriting or hand
printing, shall be verified, dated, and signed by the person
making the statement and shall contain substantially the
following:
STATEMENT OF ECONOMIC INTERESTS
INSTRUCTIONS:
You may find the following documents helpful to you in
completing this form:
(1) federal income tax returns, including any related
schedules, attachments, and forms; and
(2) investment and brokerage statements.
To complete this form, you do not need to disclose
specific amounts or values or report interests relating either
to political committees registered with the Illinois State
Board of Elections or to political committees, principal
campaign committees, or authorized committees registered with
the Federal Election Commission.
The information you disclose will be available to the
public.
You must answer all 6 questions. Certain questions will
ask you to report any applicable assets or debts held in, or
payable to, your name; held jointly by, or payable to, you with
your spouse; or held jointly by, or payable to, you with your
minor child. If you have any concerns about whether an
interest should be reported, please consult your department's
ethics officer, if applicable.
Please ensure that the information you provide is complete
and accurate. If you need more space than the form allows,
please attach additional pages for your response. If you are
subject to the State Officials and Employees Ethics Act, your
ethics officer must review your statement of economic
interests before you file it. Failure to complete the
statement in good faith and within the prescribed deadline may
subject you to fines, imprisonment, or both.
BASIC INFORMATION:
Name:........................................................
Job title:...................................................
Office, department, or agency that requires you to file this
form:........................................................
Other offices, departments, or agencies that require you to
file a Statement of Economic Interests form: ................
Full mailing address:........................................
Preferred e-mail address (optional):.........................
QUESTIONS:
1. If you have any single asset that was worth more than
$10,000 as of the end of the preceding calendar year and is
held in, or payable to, your name, held jointly by, or payable
to, you with your spouse, or held jointly by, or payable to,
you with your minor child, list such assets below. In the case
of investment real estate, list the city and state where the
investment real estate is located. If you do not have any such
assets, list "none" below.
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
2. Excluding the position for which you are required to
file this form, list the source of any income in excess of
$7,500 required to be reported during the preceding calendar
year. If you sold an asset that produced more than $7,500 in
capital gains in the preceding calendar year, list the name of
the asset and the transaction date on which the sale or
transfer took place. If you had no such sources of income or
assets, list "none" below.
Source of Income / Name of Date Sold (if applicable)
Asset
............................... ...............................
............................... ...............................
............................... ...............................
3. Excluding debts incurred on terms available to the
general public, such as mortgages, student loans, and credit
card debts, if you owed any single debt in the preceding
calendar year exceeding $10,000, list the creditor of the debt
below. If you had no such debts, list "none" below.
List the creditor for all applicable debts owed by you,
owed jointly by you with your spouse, or owed jointly by you
with your minor child. In addition to the types of debts listed
above, you do not need to report any debts to or from financial
institutions or government agencies, such as debts secured by
automobiles, household furniture or appliances, as long as the
debt was made on terms available to the general public, debts
to members of your family, or debts to or from a political
committee registered with the Illinois State Board of
Elections or any political committee, principal campaign
committee, or authorized committee registered with the Federal
Election Commission.
.............................................................
.............................................................
.............................................................
.............................................................
4. List the name of each unit of government of which you or
your spouse were an employee, contractor, or office holder
during the preceding calendar year other than the unit or
units of government in relation to which the person is
required to file and the title of the position or nature of the
contractual services.
Name of Unit of GovernmentTitle or Nature of Services
............................... ...............................
............................... ...............................
............................... ...............................
5. If you maintain an economic relationship with a
lobbyist or if a member of your family is known to you to be a
lobbyist registered with any unit of government in the State
of Illinois, list the name of the lobbyist below and identify
the nature of your relationship with the lobbyist. If you do
not have an economic relationship with a lobbyist or a family
member known to you to be a lobbyist registered with any unit
of government in the State of Illinois, list "none" below.
Name of LobbyistRelationship to Filer
............................... ...............................
............................... ...............................
............................... ...............................
6. List the name of each person, organization, or entity
that was the source of a gift or gifts, or honorarium or
honoraria, valued singly or in the aggregate in excess of $500
received during the preceding calendar year and the type of
gift or gifts, or honorarium or honoraria, excluding any gift
or gifts from a member of your family that was not known to be
a lobbyist registered with any unit of government in the State
of Illinois. If you had no such gifts, list "none" below.
.............................................................
.............................................................
.............................................................
VERIFICATION:
"I declare that this statement of economic interests
(including any attachments) has been examined by me and to the
best of my knowledge and belief is a true, correct and complete
statement of my economic interests as required by the Illinois
Governmental Ethics Act. I understand that the penalty for
willfully filing a false or incomplete statement is a fine not
to exceed $2,500 or imprisonment in a penal institution other
than the penitentiary not to exceed one year, or both fine and
imprisonment."
Printed Name of Filer:.......................................
Date:........................................................
Signature:...................................................
If this statement of economic interests requires ethics
officer review prior to filing, the applicable ethics officer
must complete the following:
CERTIFICATION OF ETHICS OFFICER REVIEW:
"In accordance with law, as Ethics Officer, I reviewed
this statement of economic interests prior to its filing."
Printed Name of Ethics Officer:..............................
Date:........................................................
Signature:...................................................
Preferred e-mail address (optional):.........................
STATEMENT OF ECONOMIC INTEREST
(TYPE OR HAND PRINT)
.............................................................
(name)
.............................................................
(each office or position of employment for which this
statement is filed)
.............................................................
(full mailing address)
GENERAL DIRECTIONS:
The interest (if constructively controlled by the person
making the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making
the statement.
Campaign receipts shall not be included in this statement.
If additional space is needed, please attach supplemental
listing.
1. List the name and instrument of ownership in any entity
doing business in the State of Illinois, in which the
ownership interest held by the person at the date of filing is
in excess of $5,000 fair market value or from which dividends
in excess of $1,200 were derived during the preceding calendar
year. (In the case of real estate, location thereof shall be
listed by street address, or if none, then by legal
description.) No time or demand deposit in a financial
institution, nor any debt instrument need be listed.
Business EntityInstrument of Ownership
..............................................................
..............................................................
..............................................................
..............................................................
2. List the name, address and type of practice of any
professional organization in which the person making the
statement was an officer, director, associate, partner or
proprietor or served in any advisory capacity, from which
income in excess of $1,200 was derived during the preceding
calendar year.
NameAddressType of Practice
.............................................................
.............................................................
.............................................................
3. List the nature of professional services rendered
(other than to the State of Illinois) to each entity from which
income exceeding $5,000 was received for professional services
rendered during the preceding calendar year by the person
making the statement.
.............................................................
.............................................................
4. List the identity (including the address or legal
description of real estate) of any capital asset from which a
capital gain of $5,000 or more was realized during the
preceding calendar year.
.............................................................
.............................................................
5. List the identity of any compensated lobbyist with whom
the person making the statement maintains a close economic
association, including the name of the lobbyist and specifying
the legislative matter or matters which are the object of the
lobbying activity, and describing the general type of economic
activity of the client or principal on whose behalf that
person is lobbying.
LobbyistLegislative MatterClient or Principal
.............................................................
.............................................................
6. List the name of any entity doing business in the State
of Illinois from which income in excess of $1,200 was derived
during the preceding calendar year other than for professional
services and the title or description of any position held in
that entity. (In the case of real estate, location thereof
shall be listed by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution nor any debt instrument need be listed.
EntityPosition Held
..............................................................
..............................................................
..............................................................
7. List the name of any unit of government which employed
the person making the statement during the preceding calendar
year other than the unit or units of government in relation to
which the person is required to file.
.............................................................
.............................................................
8. List the name of any entity from which a gift or gifts,
or honorarium or honoraria, valued singly or in the aggregate
in excess of $500, was received during the preceding calendar
year.
.............................................................
VERIFICATION:
"I declare that this statement of economic interests
(including any accompanying schedules and statements) has been
examined by me and to the best of my knowledge and belief is a
true, correct and complete statement of my economic interests
as required by the Illinois Governmental Ethics Act. I
understand that the penalty for willfully filing a false or
incomplete statement shall be a fine not to exceed $1,000 or
imprisonment in a penal institution other than the
penitentiary not to exceed one year, or both fine and
imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 95-173, eff. 1-1-08.)
(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; provided, a filer's statement made in reasonable,
good faith reliance on the guidance provided by the Secretary
of State pursuant to Section 4A-102 or his or her ethics
officer shall not constitute a willful false or incomplete
statement.
Except when the fees and penalties for late filing have
been waived under Section 4A-105, 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. The Secretary of State shall provide
the Attorney General with the names of persons who failed to
file a statement. The county clerk shall provide the State's
Attorney of the county of the entity for which the filing of
statement of economic interest is required with the name of
persons who failed to file a statement.
The Attorney General, with respect to offices or positions
described in items (a) through (f) and items (j), (l), (n), and
(p) 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
positions described in items (a) through (e) of Section
4A-101.5, 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 and for whom the fees and penalties for late
filing have not been waived under Section 4A-105.
(Source: P.A. 101-221, eff. 8-9-19.)
(5 ILCS 420/4A-108)
Sec. 4A-108. Internet-based systems of filing.
(a) Notwithstanding any other provision of this Act or any
other law, the Secretary of State and county clerks are
authorized to institute an Internet-based system for the
filing of statements of economic interests in their offices.
With respect to county clerk systems, the determination to
institute such a system shall be in the sole discretion of the
county clerk and shall meet the requirements set out in this
Section. With respect to a Secretary of State system, the
determination to institute such a system shall be in the sole
discretion of the Secretary of State and shall meet the
requirements set out in this Section and those Sections of the
State Officials and Employees Ethics Act requiring ethics
officer review prior to filing. The system shall be capable of
allowing an ethics officer to approve a statement of economic
interests and shall include a means to amend a statement of
economic interests. When this Section does not modify or
remove the requirements set forth elsewhere in this Article,
those requirements shall apply to any system of Internet-based
filing authorized by this Section. When this Section does
modify or remove the requirements set forth elsewhere in this
Article, the provisions of this Section shall apply to any
system of Internet-based filing authorized by this Section.
(b) In any system of Internet-based filing of statements
of economic interests instituted by the Secretary of State or
a county clerk:
(1) Any filing of an Internet-based statement of
economic interests shall be the equivalent of the filing
of a verified, written statement of economic interests as
required by Section 4A-101 or 4A-101.5 and the equivalent
of the filing of a verified, dated, and signed statement
of economic interests as required by Section 4A-103
4A-104.
(2) The Secretary of State and county clerks who
institute a system of Internet-based filing of statements
of economic interests shall establish a password-protected
website to receive the filings of such statements. A
website established under this Section shall set forth and
provide a means of responding to the items set forth in
Section 4A-103 4A-102 that are required of a person who
files a statement of economic interests with that officer.
A website established under this Section shall set forth
and provide a means of generating a printable receipt page
acknowledging filing.
(3) The times for the filing of statements of economic
interests set forth in Section 4A-105 shall be followed in
any system of Internet-based filing of statements of
economic interests; provided that a candidate for elective
office who is required to file a statement of economic
interests in relation to his or her candidacy pursuant to
Section 4A-105(a) shall receive a written or printed
receipt for his or her filing.
A candidate filing for Governor, Lieutenant Governor,
Attorney General, Secretary of State, Treasurer,
Comptroller, State Senate, or State House of
Representatives, Supreme Court Justice, appellate court
judge, circuit court judge, or judicial retention shall
not use the Internet to file his or her statement of
economic interests, but shall file his or her statement of
economic interests in a written or printed form and shall
receive a written or printed receipt for his or her
filing. Annually, the duly appointed ethics officer for
each legislative caucus shall certify to the Secretary of
State whether his or her caucus members will file their
statements of economic interests electronically or in a
written or printed format for that year. If the ethics
officer for a caucus certifies that the statements of
economic interests shall be written or printed, then
members of the General Assembly of that caucus shall not
use the Internet to file his or her statement of economic
interests, but shall file his or her statement of economic
interests in a written or printed form and shall receive a
written or printed receipt for his or her filing. If no
certification is made by an ethics officer for a
legislative caucus, or if a member of the General Assembly
is not affiliated with a legislative caucus, then the
affected member or members of the General Assembly may
file their statements of economic interests using the
Internet.
(4) In the first year of the implementation of a
system of Internet-based filing of statements of economic
interests, each person required to file such a statement
is to be notified in writing of his or her obligation to
file his or her statement of economic interests by way of
the Internet-based system. If access to the website web
site requires a code or password, this information shall
be included in the notice prescribed by this paragraph.
(5) When a person required to file a statement of
economic interests has supplied the Secretary of State or
a county clerk, as applicable, with an email address for
the purpose of receiving notices under this Article by
email, a notice sent by email to the supplied email
address shall be the equivalent of a notice sent by first
class mail, as set forth in Section 4A-106 or 4A-106.5. A
person who has supplied such an email address shall notify
the Secretary of State or county clerk, as applicable,
when his or her email address changes or if he or she no
longer wishes to receive notices by email.
(6) If any person who is required to file a statement
of economic interests and who has chosen to receive
notices by email fails to file his or her statement by May
10, then the Secretary of State or county clerk, as
applicable, shall send an additional email notice on that
date, informing the person that he or she has not filed and
describing the penalties for late filing and failing to
file. This notice shall be in addition to other notices
provided for in this Article.
(7) The Secretary of State and each county clerk who
institutes a system of Internet-based filing of statements
of economic interests may also institute an Internet-based
process for the filing of the list of names and addresses
of persons required to file statements of economic
interests by the chief administrative officers that must
file such information with the Secretary of State or
county clerk, as applicable, pursuant to Section 4A-106 or
4A-106.5. Whenever the Secretary of State or a county
clerk institutes such a system under this paragraph, every
chief administrative officer must use the system to file
this information.
(8) The Secretary of State and any county clerk who
institutes a system of Internet-based filing of statements
of economic interests shall post the contents of such
statements filed with him or her available for inspection
and copying on a publicly accessible website. Such
postings shall not include the addresses or signatures of
the filers.
(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
revised 9-12-19.)
(5 ILCS 420/4A-104 rep.)
Section 10. The Illinois Governmental Ethics Act is
amended by repealing Section 4A-104 on January 1, 2022.
Section 15. The State Officials and Employees Ethics Act
is amended by changing Sections 5-40, 5-45, 20-20, 20-95,
25-5, 25-10, 25-15, 25-20, and 25-85 as follows:
(5 ILCS 430/5-40)
Sec. 5-40. Fundraising during session in Sangamon County.
Except as provided in this Section, any executive branch
constitutional officer, any candidate for an executive branch
constitutional office, any member of the General Assembly, any
candidate for the General Assembly, any political caucus of
the General Assembly, or any political committee on behalf of
any of the foregoing may not hold a political fundraising
function in Sangamon County on any day the legislature is in
session or the day immediately prior to such day. This Section
does not apply to a political fundraising function scheduled
at least 14 days in advance of a day the legislature is in
special session or the day immediately prior to such day (i)
during the period beginning February 1 and ending on the later
of the actual adjournment dates of either house of the spring
session and (ii) during fall veto session. For purposes of
this Section, the legislature is not considered to be in
session on a day that is solely a perfunctory session day or on
a day when only a committee is meeting.
During the period beginning June 1 and ending on the first
day of fall veto session each year, this Section does not apply
to (i) a member of the General Assembly whose legislative or
representative district is entirely within Sangamon County or
(ii) a candidate for the General Assembly from that
legislative or representative district.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/5-45)
Sec. 5-45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or
spouse or immediate family member living with such person,
shall, within a period of one year immediately after
termination of State employment, knowingly accept employment
or receive compensation or fees for services from a person or
entity if the officer, member, or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in the award or
fiscal administration of State contracts, or the issuance of
State contract change orders, with a cumulative value of
$25,000 or more to the person or entity, or its parent or
subsidiary.
(a-5) No officer, member, or spouse or immediate family
member living with such person shall, during the officer or
member's term in office or within a period of 2 years
immediately leaving office, hold an ownership interest, other
than a passive interest in a publicly traded company, in any
gaming license under the Illinois Gambling Act, the Video
Gaming Act, the Illinois Horse Racing Act of 1975, or the
Sports Wagering Act. Any member of the General Assembly or
spouse or immediate family member living with such person who
has an ownership interest, other than a passive interest in a
publicly traded company, in any gaming license under the
Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
the Video Gaming Act, or the Sports Wagering Act at the time of
the effective date of this amendatory Act of the 101st General
Assembly shall divest himself or herself of such ownership
within one year after the effective date of this amendatory
Act of the 101st General Assembly. No State employee who works
for the Illinois Gaming Board or Illinois Racing Board or
spouse or immediate family member living with such person
shall, during State employment or within a period of 2 years
immediately after termination of State employment, hold an
ownership interest, other than a passive interest in a
publicly traded company, in any gaming license under the
Illinois Gambling Act, the Video Gaming Act, the Illinois
Horse Racing Act of 1975, or the Sports Wagering Act.
(a-10) This subsection (a-10) applies on and after June
25, 2021. No officer, member, or spouse or immediate family
member living with such person, shall, during the officer or
member's term in office or within a period of 2 years
immediately after leaving office, hold an ownership interest,
other than a passive interest in a publicly traded company, in
any cannabis business establishment which is licensed under
the Cannabis Regulation and Tax Act. Any member of the General
Assembly or spouse or immediate family member living with such
person who has an ownership interest, other than a passive
interest in a publicly traded company, in any cannabis
business establishment which is licensed under the Cannabis
Regulation and Tax Act at the time of the effective date of
this amendatory Act of the 101st General Assembly shall divest
himself or herself of such ownership within one year after the
effective date of this amendatory Act of the 101st General
Assembly.
No State employee who works for any State agency that
regulates cannabis business establishment license holders who
participated personally and substantially in the award of
licenses under the Cannabis Regulation and Tax Act or a spouse
or immediate family member living with such person shall,
during State employment or within a period of 2 years
immediately after termination of State employment, hold an
ownership interest, other than a passive interest in a
publicly traded company, in any cannabis license under the
Cannabis Regulation and Tax Act.
(b) No former officer of the executive branch or State
employee of the executive branch with regulatory or licensing
authority, or spouse or immediate family member living with
such person, shall, within a period of one year immediately
after termination of State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the officer or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in making a
regulatory or licensing decision that directly applied to the
person or entity, or its parent or subsidiary.
(b-5) Beginning January 1, 2022, no former officer of the
executive branch shall engage in activities at the State level
that require registration under the Lobbyist Registration Act
during the term of which he or she was elected or appointed
until 6 months after leaving office.
(b-7) Beginning the second Wednesday in January of 2023,
no former member shall engage in activities at the State level
that require registration under the Lobbyist Registration Act
in a General Assembly of which he or she was a member until 6
months after leaving office.
(c) Within 6 months after the effective date of this
amendatory Act of the 96th General Assembly, each executive
branch constitutional officer and legislative leader, the
Auditor General, and the Joint Committee on Legislative
Support Services shall adopt a policy delineating which State
positions under his or her jurisdiction and control, by the
nature of their duties, may have the authority to participate
personally and substantially in the award or fiscal
administration of State contracts or in regulatory or
licensing decisions. The Governor shall adopt such a policy
for all State employees of the executive branch not under the
jurisdiction and control of any other executive branch
constitutional officer.
The policies required under subsection (c) of this Section
shall be filed with the appropriate ethics commission
established under this Act or, for the Auditor General, with
the Office of the Auditor General.
(d) Each Inspector General shall have the authority to
determine that additional State positions under his or her
jurisdiction, not otherwise subject to the policies required
by subsection (c) of this Section, are nonetheless subject to
the notification requirement of subsection (f) below due to
their involvement in the award or fiscal administration of
State contracts or in regulatory or licensing decisions.
(e) The Joint Committee on Legislative Support Services,
the Auditor General, and each of the executive branch
constitutional officers and legislative leaders subject to
subsection (c) of this Section shall provide written
notification to all employees in positions subject to the
policies required by subsection (c) or a determination made
under subsection (d): (1) upon hiring, promotion, or transfer
into the relevant position; and (2) at the time the employee's
duties are changed in such a way as to qualify that employee.
An employee receiving notification must certify in writing
that the person was advised of the prohibition and the
requirement to notify the appropriate Inspector General in
subsection (f).
(f) Any State employee in a position subject to the
policies required by subsection (c) or to a determination
under subsection (d), but who does not fall within the
prohibition of subsection (h) below, who is offered non-State
employment during State employment or within a period of one
year immediately after termination of State employment shall,
prior to accepting such non-State employment, notify the
appropriate Inspector General. Within 10 calendar days after
receiving notification from an employee in a position subject
to the policies required by subsection (c), such Inspector
General shall make a determination as to whether the State
employee is restricted from accepting such employment by
subsection (a) or (b). In making a determination, in addition
to any other relevant information, an Inspector General shall
assess the effect of the prospective employment or
relationship upon decisions referred to in subsections (a) and
(b), based on the totality of the participation by the former
officer, member, or State employee in those decisions. A
determination by an Inspector General must be in writing,
signed and dated by the Inspector General, and delivered to
the subject of the determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
For purposes of this subsection, "appropriate Inspector
General" means (i) for members and employees of the
legislative branch, the Legislative Inspector General; (ii)
for the Auditor General and employees of the Office of the
Auditor General, the Inspector General provided for in Section
30-5 of this Act; and (iii) for executive branch officers and
employees, the Inspector General having jurisdiction over the
officer or employee. Notice of any determination of an
Inspector General and of any such appeal shall be given to the
ultimate jurisdictional authority, the Attorney General, and
the Executive Ethics Commission.
(g) An Inspector General's determination regarding
restrictions under subsection (a) or (b) may be appealed to
the appropriate Ethics Commission by the person subject to the
decision or the Attorney General no later than the 10th
calendar day after the date of the determination.
On appeal, the Ethics Commission or Auditor General shall
seek, accept, and consider written public comments regarding a
determination. In deciding whether to uphold an Inspector
General's determination, the appropriate Ethics Commission or
Auditor General shall assess, in addition to any other
relevant information, the effect of the prospective employment
or relationship upon the decisions referred to in subsections
(a) and (b), based on the totality of the participation by the
former officer, member, or State employee in those decisions.
The Ethics Commission shall decide whether to uphold an
Inspector General's determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
(h) The following officers, members, or State employees
shall not, within a period of one year immediately after
termination of office or State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the person or entity or its parent or
subsidiary, during the year immediately preceding termination
of State employment, was a party to a State contract or
contracts with a cumulative value of $25,000 or more involving
the officer, member, or State employee's State agency, or was
the subject of a regulatory or licensing decision involving
the officer, member, or State employee's State agency,
regardless of whether he or she participated personally and
substantially in the award or fiscal administration of the
State contract or contracts or the making of the regulatory or
licensing decision in question:
(1) members or officers;
(2) members of a commission or board created by the
Illinois Constitution;
(3) persons whose appointment to office is subject to
the advice and consent of the Senate;
(4) the head of a department, commission, board,
division, bureau, authority, or other administrative unit
within the government of this State;
(5) chief procurement officers, State purchasing
officers, and their designees whose duties are directly
related to State procurement;
(6) chiefs of staff, deputy chiefs of staff, associate
chiefs of staff, assistant chiefs of staff, and deputy
governors, or any other position that holds an equivalent
level of managerial oversight;
(7) employees of the Illinois Racing Board; and
(8) employees of the Illinois Gaming Board.
(i) For the purposes of this Section, with respect to
officers or employees of a regional transit board, as defined
in this Act, the phrase "person or entity" does not include:
(i) the United States government, (ii) the State, (iii)
municipalities, as defined under Article VII, Section 1 of the
Illinois Constitution, (iv) units of local government, as
defined under Article VII, Section 1 of the Illinois
Constitution, or (v) school districts.
(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
(5 ILCS 430/20-20)
Sec. 20-20. Duties of the Executive Inspectors General. In
addition to duties otherwise assigned by law, each Executive
Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. An investigation may not be
initiated more than one year after the most recent act of
the alleged violation or of a series of alleged violations
except where there is reasonable cause to believe that
fraudulent concealment has occurred. To constitute
fraudulent concealment sufficient to toll this limitations
period, there must be an affirmative act or representation
calculated to prevent discovery of the fact that a
violation or other wrongful act has occurred. The
Executive Inspector General shall have the discretion to
determine the appropriate means of investigation as
permitted by law.
(2) To request information relating to an
investigation from any person when the Executive Inspector
General deems that information necessary in conducting an
investigation.
(3) To issue subpoenas to compel the attendance of
witnesses for the purposes of testimony and production of
documents and other items for inspection and copying and
to make service of those subpoenas and subpoenas issued
under item (7) of Section 20-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Executive
Inspector General with the Executive Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Executive
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Executive Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training
program and (ii) the percentage of new officers and
employees who have completed ethics training.
(9) To review hiring and employment files of each
State agency within the Executive Inspector General's
jurisdiction to ensure compliance with Rutan v. Republican
Party of Illinois, 497 U.S. 62 (1990), and with all
applicable employment laws.
(10) To establish a policy that ensures the
appropriate handling and correct recording of all
investigations conducted by the Office, and to ensure that
the policy is accessible via the Internet in order that
those seeking to report those allegations are familiar
with the process and that the subjects of those
allegations are treated fairly.
(11) To post information to the Executive Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the Executive
Inspector General's ability to provide information to them
and a general overview of the investigation process.
(Source: P.A. 100-588, eff. 6-8-18.)
(5 ILCS 430/20-95)
Sec. 20-95. Exemptions.
(a) Documents generated by an ethics officer under this
Act, except Section 5-50, are exempt from the provisions of
the Freedom of Information Act.
(b) Any allegations and related documents submitted to an
Executive Inspector General and any pleadings and related
documents brought before the Executive Ethics Commission are
exempt from the provisions of the Freedom of Information Act
so long as the Executive Ethics Commission does not make a
finding of a violation of this Act. If the Executive Ethics
Commission finds that a violation has occurred, the entire
record of proceedings before the Commission, the decision and
recommendation, and the response from the agency head or
ultimate jurisdictional authority to the Executive Ethics
Commission are not exempt from the provisions of the Freedom
of Information Act but information contained therein that is
otherwise exempt from the Freedom of Information Act must be
redacted before disclosure as provided in the Freedom of
Information Act. A summary report released by the Executive
Ethics Commission under Section 20-52 is a public record, but
information redacted by the Executive Ethics Commission shall
not be part of the public record.
(c) Meetings of the Commission are exempt from the
provisions of the Open Meetings Act.
(d) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of an Executive
Inspector General, other than monthly reports required under
Section 20-85, are confidential and privileged, are exempt
from disclosure under the Freedom of Information Act, and
shall not be divulged to any person or agency, except as
necessary (i) to a law enforcement authority, (ii) to the
ultimate jurisdictional authority, (iii) to the Executive
Ethics Commission, (iv) to another Inspector General appointed
pursuant to this Act, or (v) to an Inspector General appointed
or employed by a Regional Transit Board in accordance with
Section 75-10.
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
(5 ILCS 430/25-5)
Sec. 25-5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
The terms of the initial commissioners shall commence upon
qualification. Each appointing authority shall designate one
appointee who shall serve for a 2-year term running through
June 30, 2005. Each appointing authority shall designate one
appointee who shall serve for a 4-year term running through
June 30, 2007. The initial appointments shall be made within
60 days after the effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
A vacancy shall occur upon a commissioner's death,
resignation, removal, disqualification, termination of
legislative service in the house or caucus of the appointing
authority, or other inability to act. Vacancies occurring
other than at the end of a term shall be filled by the
appointing authority only for the balance of the term of the
commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and may appoint commissioners who are members of the General
Assembly as well as commissioners from the general public. A
commissioner who is a member of the General Assembly must
recuse himself or herself from participating in any matter
relating to any investigation or proceeding in which he or she
is the subject or is a complainant. A person is not eligible to
serve as a commissioner if that person (i) has been convicted
of a felony or a crime of dishonesty or moral turpitude, (ii)
is, or was within the preceding 12 months, engaged in
activities that require registration under the Lobbyist
Registration Act, (iii) is a relative of the appointing
authority, (iv) is a State officer or employee other than a
member of the General Assembly, or (v) is a candidate for
statewide office, federal office, or judicial office.
(c-5) If a commissioner is required to recuse himself or
herself from participating in a matter as provided in
subsection (c), the recusal shall create a temporary vacancy
for the limited purpose of consideration of the matter for
which the commissioner recused himself or herself, and the
appointing authority for the recusing commissioner shall make
a temporary appointment to fill the vacancy for consideration
of the matter for which the commissioner recused himself or
herself.
(d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former State employees regarding events
occurring during any period of employment where the State
employee's ultimate jurisdictional authority is (i) a
legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services. The
Legislative Ethics Commission shall have jurisdiction over
complainants and respondents in violation of subsection (d) of
Section 25-90. The jurisdiction of the Commission is limited
to matters arising under this Act.
An officer or executive branch State employee serving on a
legislative branch board or commission remains subject to the
jurisdiction of the Executive Ethics Commission and is not
subject to the jurisdiction of the Legislative Ethics
Commission.
(e) The Legislative Ethics Commission must meet, either in
person or by other technological means, monthly or as often as
necessary. At the first meeting of the Legislative Ethics
Commission, the commissioners shall choose from their number a
chairperson and other officers that they deem appropriate. The
terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings
shall be held at the call of the chairperson or any 3
commissioners. Official action by the Commission shall require
the affirmative vote of 5 commissioners, and a quorum shall
consist of 5 commissioners. Commissioners shall receive no
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
(f) No commissioner, other than a commissioner who is a
member of the General Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(f-5) No commissioner who is a member of the General
Assembly may be a candidate for statewide office, federal
office, or judicial office. If a commissioner who is a member
of the General Assembly files petitions to be a candidate for a
statewide office, federal office, or judicial office, he or
she shall be deemed to have resigned from his or her position
as a commissioner on the date his or her name is certified for
the ballot by the State Board of Elections or local election
authority and his or her position as a commissioner shall be
deemed vacant. Such person may not be reappointed to the
Commission during any time he or she is a candidate for
statewide office, federal office, or judicial office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.
(i) In consultation with the Legislative Inspector
General, the Legislative Ethics Commission may develop
comprehensive training for members and employees under its
jurisdiction that includes, but is not limited to, sexual
harassment, employment discrimination, and workplace civility.
The training may be recommended to the ultimate jurisdictional
authorities and may be approved by the Commission to satisfy
the sexual harassment training required under Section 5-10.5
or be provided in addition to the annual sexual harassment
training required under Section 5-10.5. The Commission may
seek input from governmental agencies or private entities for
guidance in developing such training.
(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Inspector General.
(a) The independent Office of the Legislative Inspector
General is created. The Office shall be under the direction
and supervision of the Legislative Inspector General and shall
be a fully independent office with its own appropriation.
(b) The Legislative Inspector General shall be appointed
without regard to political affiliation and solely on the
basis of integrity and demonstrated ability. The Legislative
Ethics Commission shall diligently search out qualified
candidates for Legislative Inspector General and shall make
recommendations to the General Assembly. The Legislative
Inspector General may serve in a full-time, part-time, or
contractual capacity.
The Legislative Inspector General shall be appointed by a
joint resolution of the Senate and the House of
Representatives, which may specify the date on which the
appointment takes effect. A joint resolution, or other
document as may be specified by the Joint Rules of the General
Assembly, appointing the Legislative Inspector General must be
certified by the Speaker of the House of Representatives and
the President of the Senate as having been adopted by the
affirmative vote of three-fifths of the members elected to
each house, respectively, and be filed with the Secretary of
State. The appointment of the Legislative Inspector General
takes effect on the day the appointment is completed by the
General Assembly, unless the appointment specifies a later
date on which it is to become effective.
The Legislative Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The Legislative Inspector General may not be a relative of
a commissioner.
The term of the initial Legislative Inspector General
shall commence upon qualification and shall run through June
30, 2008.
After the initial term, the Legislative Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. The Legislative Inspector General may be
reappointed to one or more subsequent terms. Terms shall run
regardless of whether the position is filled.
(b-5) A vacancy occurring other than at the end of a term
shall be filled in the same manner as an appointment only for
the balance of the term of the Legislative Inspector General
whose office is vacant. Within 7 days of the Office becoming
vacant or receipt of a Legislative Inspector General's
prospective resignation, the vacancy shall be publicly posted
on the Commission's website, along with a description of the
requirements for the position and where applicants may apply.
Within 45 days of the vacancy, the Commission shall
designate an Acting Legislative Inspector General who shall
serve until the vacancy is filled. The Commission shall file
the designation in writing with the Secretary of State.
Within 60 days prior to the end of the term of the
Legislative Inspector General or within 30 days of the
occurrence of a vacancy in the Office of the Legislative
Inspector General, the Legislative Ethics Commission shall
establish a four-member search committee within the Commission
for the purpose of conducting a search for qualified
candidates to serve as Legislative Inspector General. The
Speaker of the House of Representatives, Minority Leader of
the House, Senate President, and Minority Leader of the Senate
shall each appoint one member to the search committee. A
member of the search committee shall be either a retired judge
or former prosecutor and may not be a member or employee of the
General Assembly or a registered lobbyist. If the Legislative
Ethics Commission wishes to recommend that the Legislative
Inspector General be re-appointed, a search committee does not
need to be appointed.
The search committee shall conduct a search for qualified
candidates, accept applications, and conduct interviews. The
search committee shall recommend up to 3 candidates for
Legislative Inspector General to the Legislative Ethics
Commission. The search committee shall be disbanded upon an
appointment of the Legislative Inspector General. Members of
the search committee are not entitled to compensation but
shall be entitled to reimbursement of reasonable expenses
incurred in connection with the performance of their duties.
Within 30 days after June 8, 2018 (the effective date of
Public Act 100-588) this amendatory Act of the 100th General
Assembly, the Legislative Ethics Commission shall create a
search committee in the manner provided for in this subsection
to recommend up to 3 candidates for Legislative Inspector
General to the Legislative Ethics Commission by October 31,
2018.
If a vacancy exists and the Commission has not appointed
an Acting Legislative Inspector General, either the staff of
the Office of the Legislative Inspector General, or if there
is no staff, the Executive Director, shall advise the
Commission of all open investigations and any new allegations
or complaints received in the Office of the Inspector General.
These reports shall not include the name of any person
identified in the allegation or complaint, including, but not
limited to, the subject of and the person filing the
allegation or complaint. Notification shall be made to the
Commission on a weekly basis unless the Commission approves of
a different reporting schedule.
If the Office of the Inspector General is vacant for 6
months or more beginning on or after January 1, 2019, and the
Legislative Ethics Commission has not appointed an Acting
Legislative Inspector General, all complaints made to the
Legislative Inspector General or the Legislative Ethics
Commission shall be directed to the Inspector General for the
Auditor General, and he or she shall have the authority to act
as provided in subsection (c) of this Section and Section
25-20 of this Act, and shall be subject to all laws and rules
governing a Legislative Inspector General or Acting
Legislative Inspector General. The authority for the Inspector
General of the Auditor General under this paragraph shall
terminate upon appointment of a Legislative Inspector General
or an Acting Legislative Inspector General.
(c) The Legislative Inspector General shall have
jurisdiction over the current and former members of the
General Assembly regarding events occurring during a member's
term of office and current and former State employees
regarding events occurring during any period of employment
where the State employee's ultimate jurisdictional authority
is (i) a legislative leader, (ii) the Senate Operations
Commission, or (iii) the Joint Committee on Legislative
Support Services.
The jurisdiction of each Legislative Inspector General is
to investigate allegations of violations of this Act,
violations of other related laws and rules regarding events
related to the member's or employee's public duties or use of
State office, employment, or resources, or fraud, waste,
abuse, mismanagement, misconduct, nonfeasance, misfeasance, or
malfeasance related to the member's or employee's public
duties or use of State office, employment, or resources. The
jurisdiction shall not include violations of the Rules of the
House of Representatives or the Senate , or violations of this
Act or violations of other related laws and rules.
The Legislative Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
25-63 of this Act.
(d) The compensation of the Legislative Inspector General
shall be the greater of an amount (i) determined by the
Commission or (ii) by joint resolution of the General Assembly
passed by a majority of members elected in each chamber.
Subject to Section 25-45 of this Act, the Legislative
Inspector General has full authority to organize the Office of
the Legislative Inspector General, including the employment
and determination of the compensation of staff, such as
deputies, assistants, and other employees, as appropriations
permit. Employment of staff is subject to the approval of at
least 3 of the 4 legislative leaders.
(e) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
A full-time Legislative Inspector General shall not engage
in the practice of law or any other business, employment, or
vocation.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector
General only for cause. At the time of the removal, the
Commission must report to the General Assembly the
justification for the removal.
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
revised 9-12-19.)
(5 ILCS 430/25-15)
Sec. 25-15. Duties of the Legislative Ethics Commission.
In addition to duties otherwise assigned by law, the
Legislative Ethics Commission shall have the following duties:
(1) To promulgate rules governing the performance of
its duties and the exercise of its powers and governing
the investigations of the Legislative Inspector General;
except that, the Legislative Ethics Commission shall adopt
no rule requiring the Legislative Inspector General to
seek the Commission's advance approval before commencing
any investigation authorized under this Article. Any
existing rule, as of the effective date of this amendatory
Act of the 102nd General Assembly, requiring the
Legislative Inspector General to seek the Commission's
advance approval before commencing any investigation is
void. The rules shall be available on the Commission's
website and any proposed changes to the rules must be made
available to the public on the Commission's website no
less than 7 days before the adoption of the changes. Any
person shall be given an opportunity to provide written or
oral testimony before the Commission in support of or
opposition to proposed rules.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the
receipt of pleadings filed by the Legislative Inspector
General and not upon its own prerogative, but may appoint
special Legislative Inspectors General as provided in
Section 25-21. Any other allegations of misconduct
received by the Commission from a person other than the
Legislative Inspector General shall be referred to the
Office of the Legislative Inspector General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the
implementation and interpretation of this Act. The powers
and duties of the Commission are limited to matters
clearly within the purview of this Act.
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and
the production of documents and other items for inspection
and copying.
(8) To appoint special Legislative Inspectors General
as provided in Section 25-21.
(9) To conspicuously display on the Commission's
website the procedures for reporting a violation of this
Act, including how to report violations via email or
online.
(10) To conspicuously display on the Commission's
website any vacancies within the Office of the Legislative
Inspector General.
(11) To appoint an Acting Legislative Inspector
General in the event of a vacancy in the Office of the
Legislative Inspector General.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
(5 ILCS 430/25-20)
Sec. 25-20. Duties of the Legislative Inspector General.
In addition to duties otherwise assigned by law, the
Legislative Inspector General shall have the following duties:
(1) To receive and investigate, without advance
approval of the Legislative Ethics Commission, allegations
of violations of this Act and other wrongful acts within
his or her jurisdiction based on a complaint. Except as
otherwise provided in paragraph (1.5), an investigation
may not be initiated more than one year after the alleged
wrongful act or the most recent act of a series of alleged
wrongful acts based on the same wrongful conduct except if
there is reasonable cause to believe that fraudulent
concealment has occurred allegations of violations of this
Act. Except as otherwise provided in paragraph (1.5), an
investigation may not be initiated more than one year
after the most recent act of the alleged violation or of a
series of alleged violations except where there is
reasonable cause to believe that fraudulent concealment
has occurred. To constitute fraudulent concealment
sufficient to toll this limitations period, there must be
an affirmative act or representation calculated to prevent
discovery of the fact that a violation or other wrongful
act has occurred. The Legislative Inspector General shall
have the discretion to determine the appropriate means of
investigation as permitted by law.
(1.5) Notwithstanding any provision of law to the
contrary, the Legislative Inspector General, whether
appointed by the Legislative Ethics Commission or the
General Assembly, may initiate an investigation based on
information provided to the Office of the Legislative
Inspector General or the Legislative Ethics Commission
during the period from December 1, 2014 through November
3, 2017. Any investigation initiated under this paragraph
(1.5) must be initiated within one year after the
effective date of this amendatory Act of the 100th General
Assembly.
Notwithstanding any provision of law to the contrary,
the Legislative Inspector General, through the Attorney
General, shall have the authority to file a complaint
related to any founded violations that occurred during the
period December 1, 2014 through November 3, 2017 to the
Legislative Ethics Commission, and the Commission shall
have jurisdiction to conduct administrative hearings
related to any pleadings filed by the Legislative
Inspector General, provided the complaint is filed with
the Commission no later than 6 months after the summary
report is provided to the Attorney General in accordance
with subsection (c) of Section 25-50.
(2) To request information relating to an
investigation from any person when the Legislative
Inspector General deems that information necessary in
conducting an investigation.
(3) To issue subpoenas, with the advance approval of
the Commission, to compel the attendance of witnesses for
the purposes of testimony and production of documents and
other items for inspection and copying and to make service
of those subpoenas and subpoenas issued under item (7) of
Section 25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Inspector General with the Legislative Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Legislative
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Legislative Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training
program and (ii) the percentage of new officers and
employees who have completed ethics training.
(9) To establish a policy that ensures the appropriate
handling and correct recording of all investigations of
allegations and to ensure that the policy is accessible
via the Internet in order that those seeking to report
those allegations are familiar with the process and that
the subjects of those allegations are treated fairly.
(10) To post information to the Legislative Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the
Legislative Inspector General's ability to provide
information to them and a general overview of the
investigation process.
(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
(5 ILCS 430/25-85)
Sec. 25-85. Quarterly reports by the Legislative Inspector
General. The Legislative Inspector General shall submit
quarterly reports of claims within his or her jurisdiction
filed with the Office of the Legislative Inspector General to
the General Assembly and the Legislative Ethics Commission, on
dates determined by the Legislative Ethics Commission,
indicating:
(1) the total number of allegations received since the
date of the last report and the total number of
allegations received since the date of the last report by
category of claim;
(2) the total number of investigations initiated since
the date of the last report and the total number of
investigations initiated since the date of the last report
by category of claim;
(3) the total number of investigations concluded since
the date of the last report and the total number of
investigations concluded since the date of the last report
by category of claim;
(4) the total number of investigations pending as of
the reporting date and the total number of investigations
pending as of the reporting date by category of claim;
(5) the total number of summary reports complaints
forwarded to the Attorney General pursuant to subsection
(c) of Section 25-50 since the date of the last report;
(6) the total number of actions filed with the
Legislative Ethics Commission since the date of the last
report, the total number of actions pending before the
Legislative Ethics Commission as of the reporting date,
the total number of actions filed with the Legislative
Ethics Commission since the date of the last report by
category of claim, and the total number of actions pending
before the Legislative Ethics Commission as of the
reporting date by category of claim;
(7) the number of allegations referred to any law
enforcement agency since the date of the last report;
(8) the total number of allegations referred to
another investigatory body since the date of the last
report; and
(9) the cumulative number of each of the foregoing for
the current calendar year.
For the purposes of this Section, "category of claim"
shall include discrimination claims, harassment claims, sexual
harassment claims, retaliation claims, gift ban claims,
prohibited political activity claims, revolving door
prohibition claims, and other, miscellaneous, or
uncharacterized claims.
The quarterly report shall be available on the website of
the Legislative Inspector General.
(Source: P.A. 100-588, eff. 6-8-18.)
Section 20. The Election Code is amended by changing
Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5
as follows:
(10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
Sec. 1A-14. Political activity by members of the State
Board of Elections.
(a) No member of the State Board of Elections may become a
candidate for nomination for, or election to, or accept
appointment to or hold any other remunerative public office or
public employment or any office in a political party. No
member of the State Board of Elections shall: (i) contribute,
either financially or in services or goods or any other way, to
any political committee; (ii) serve as an officer of any
political committee; or (iii) be a candidate who is designated
as the candidate to be supported by a candidate political
committee.
(b) A member of the State Board of Elections who is either
an officer of a political committee or a candidate who is
designated as the candidate to be supported by a candidate
political committee shall within 30 days after confirmation by
the Senate: (i) resign as an officer of the political
committee; (ii) have his or her name removed as the candidate
to be supported by a political committee; (iii) notify the
Board of the member's intent to convert the political
committee to a limited activity committee under Section 9-1.8,
and complete the transition to a limited activity committee
within 60 days after confirmation; or (iv) dissolve the
committee. A member of the State Board of Elections who is in
violation of this subsection (b) on the effective date of this
amendatory Act of the 102nd General Assembly must come into
compliance within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly.
(c) Violation of any prohibition in this Section shall
disqualify a member of the Board and a vacancy is thereby
created. A vacancy also exists upon the occurrence of any of
the events enumerated in Section 25-2 of this Act as in the
case of an elective office.
(d) As used in this Section, "political committee"
includes both the meaning provided in Section 9-1.8 of this
Code and the meaning provided in 52 U.S.C. 30101.
(Source: P.A. 80-1178.)
(10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
Sec. 9-1.8. Political committees.
(a) "Political committee" includes a candidate political
committee, a political party committee, a political action
committee, a ballot initiative committee, and an independent
expenditure committee.
(b) "Candidate political committee" means the candidate
himself or herself or any natural person, trust, partnership,
corporation, or other organization or group of persons
designated by the candidate that accepts contributions or
makes expenditures during any 12-month period in an aggregate
amount exceeding $5,000 on behalf of the candidate.
(c) "Political party committee" means the State central
committee of a political party, a county central committee of
a political party, a legislative caucus committee, or a
committee formed by a ward or township committeeperson of a
political party. For purposes of this Article, a "legislative
caucus committee" means a committee established for the
purpose of electing candidates to the General Assembly by the
person elected President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, Minority
Leader of the House of Representatives, or a committee
established by 5 or more members of the same caucus of the
Senate or 10 or more members of the same caucus of the House of
Representatives.
(d) "Political action committee" means any natural person,
trust, partnership, committee, association, corporation, or
other organization or group of persons, other than a
candidate, political party, candidate political committee, or
political party committee, that accepts contributions or makes
expenditures during any 12-month period in an aggregate amount
exceeding $5,000 on behalf of or in opposition to a candidate
or candidates for public office. "Political action committee"
includes any natural person, trust, partnership, committee,
association, corporation, or other organization or group of
persons, other than a candidate, political party, candidate
political committee, or political party committee, that makes
electioneering communications during any 12-month period in an
aggregate amount exceeding $5,000 related to any candidate or
candidates for public office.
(e) "Ballot initiative committee" means any natural
person, trust, partnership, committee, association,
corporation, or other organization or group of persons that
accepts contributions or makes expenditures during any
12-month period in an aggregate amount exceeding $5,000 in
support of or in opposition to any question of public policy to
be submitted to the electors. "Ballot initiative committee"
includes any natural person, trust, partnership, committee,
association, corporation, or other organization or group of
persons that makes electioneering communications during any
12-month period in an aggregate amount exceeding $5,000
related to any question of public policy to be submitted to the
voters. The $5,000 threshold applies to any contributions or
expenditures received or made with the purpose of securing a
place on the ballot for, advocating the defeat or passage of,
or engaging in electioneering communication regarding the
question of public policy, regardless of the method of
initiation of the question of public policy and regardless of
whether petitions have been circulated or filed with the
appropriate office or whether the question has been adopted
and certified by the governing body.
(f) "Independent expenditure committee" means any trust,
partnership, committee, association, corporation, or other
organization or group of persons formed for the exclusive
purpose of making independent expenditures during any 12-month
period in an aggregate amount exceeding $5,000 in support of
or in opposition to (i) the nomination for election, election,
retention, or defeat of any public official or candidate or
(ii) any question of public policy to be submitted to the
electors. "Independent expenditure committee" also includes
any trust, partnership, committee, association, corporation,
or other organization or group of persons that makes
electioneering communications that are not made in connection,
consultation, or concert with or at the request or suggestion
of a public official or candidate, a public official's or
candidate's designated political committee or campaign, or an
agent or agents of the public official, candidate, or
political committee or campaign during any 12-month period in
an aggregate amount exceeding $5,000 related to (i) the
nomination for election, election, retention, or defeat of any
public official or candidate or (ii) any question of public
policy to be submitted to the voters.
(g) "Limited activity committee" means a political
committee for which a person who is nominated to a position
that is subject to confirmation by the Senate, including a
member of the State Board of Elections, is either an officer or
a candidate the committee has designated to support.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/9-3.5 new)
Sec. 9-3.5. Candidate political committee restrictions.
(a) A person who is nominated to an affected office shall
not: (i) serve as an officer of a candidate political
committee that is designated to support or oppose that person
as a candidate; or (ii) be a candidate who is designated as the
candidate to be supported by a candidate political committee.
(b) Within 30 days after appointment, the person shall:
(i) dissolve the candidate political committee; (ii) resign as
an officer of the candidate political committee; (iii) have
his or her name removed as the candidate to be supported by the
candidate political committee; or (iv) notify the Board of the
person's intent to convert the candidate political committee
to a limited activity candidate political committee.
(c) As used in this Section, "affected office" has the
meaning provided in subsection (c) of Section 3A-50 of the
Illinois Governmental Ethics Act.
(10 ILCS 5/9-8.5)
Sec. 9-8.5. Limitations on campaign contributions.
(a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
(b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the
First Judicial District, an office elected by all voters of a
county of fewer than 1,000,000 residents, and municipal and
county offices in Cook County other than those elected by all
voters of Cook County, and (iv) $50,000 for a candidate
political committee established to support the nomination of a
candidate to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
(c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this
Section shall limit the amounts that may be transferred
between a political party committee established under
subsection (a) of Section 7-8 of this Code and an affiliated
federal political committee established under the Federal
Election Code by the same political party. A political party
committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee. A political party committee established by a
legislative caucus may not accept contributions from another
political party committee established by a legislative caucus.
(c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
(c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions
or coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
(d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party
committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee.
(e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article and
files the disclosure reports required by the provisions of
this Article.
(e-5) An independent expenditure committee may accept
contributions in any amount from any source, provided that the
committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
(e-10) A limited activity committee shall not accept
contributions, except that the officer or a candidate the
committee has designated to support may contribute personal
funds in order to pay for maintenance expenses. A limited
activity committee may only make expenditures that are: (i)
necessary for maintenance of the committee; (ii) for rent or
lease payments until the end of the lease in effect at the time
the officer or candidate is confirmed by the Senate; (iii)
contributions to 501(c)(3) charities; or (iv) returning
contributions to original contributors.
(f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
(g) On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the
contribution limitations established in this Section for
inflation as determined by the Consumer Price Index for All
Urban Consumers as issued by the United States Department of
Labor and rounded to the nearest $100. The State Board shall
publish this information on its official website.
(h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public
official's or candidate's immediate family. Within 2 business
days after the filing of a Notification of Self-funding, the
notification shall be posted on the Board's website and the
Board shall give official notice of the filing to each
candidate for the same office as the public official or
candidate making the filing, including the public official or
candidate filing the Notification of Self-funding. Notice
shall be sent via first class mail to the candidate and the
treasurer of the candidate's committee. Notice shall also be
sent by e-mail to the candidate and the treasurer of the
candidate's committee if the candidate and the treasurer, as
applicable, have provided the Board with an e-mail address.
Upon posting of the notice on the Board's website, all
candidates for that office, including the public official or
candidate who filed a Notification of Self-funding, shall be
permitted to accept contributions in excess of any
contribution limits imposed by subsection (b). If a public
official or candidate filed a Notification of Self-funding
during an election cycle that includes a general primary
election or consolidated primary election and that public
official or candidate is nominated, all candidates for that
office, including the nominee who filed the notification of
self-funding, shall be permitted to accept contributions in
excess of any contribution limit imposed by subsection (b) for
the subsequent election cycle. For the purposes of this
subsection, "immediate family" means the spouse, parent, or
child of a public official or candidate.
(h-5) If a natural person or independent expenditure
committee makes independent expenditures in support of or in
opposition to the campaign of a particular public official or
candidate in an aggregate amount of more than (i) $250,000 for
statewide office or (ii) $100,000 for all other elective
offices in an election cycle, as reported in a written
disclosure filed under subsection (a) of Section 9-8.6 or
subsection (e-5) of Section 9-10, then the State Board of
Elections shall, within 2 business days after the filing of
the disclosure, post the disclosure on the Board's website and
give official notice of the disclosure to each candidate for
the same office as the public official or candidate for whose
benefit or detriment the natural person or independent
expenditure committee made independent expenditures. Upon
posting of the notice on the Board's website, all candidates
for that office in that election, including the public
official or candidate for whose benefit or detriment the
natural person or independent expenditure committee made
independent expenditures, shall be permitted to accept
contributions in excess of any contribution limits imposed by
subsection (b).
(h-10) If the State Board of Elections receives
notification or determines that a natural person or persons,
an independent expenditure committee or committees, or
combination thereof has made independent expenditures in
support of or in opposition to the campaign of a particular
public official or candidate in an aggregate amount of more
than (i) $250,000 for statewide office or (ii) $100,000 for
all other elective offices in an election cycle, then the
Board shall, within 2 business days after discovering the
independent expenditures that, in the aggregate, exceed the
threshold set forth in (i) and (ii) of this subsection, post
notice of this fact on the Board's website and give official
notice to each candidate for the same office as the public
official or candidate for whose benefit or detriment the
independent expenditures were made. Notice shall be sent via
first class mail to the candidate and the treasurer of the
candidate's committee. Notice shall also be sent by e-mail to
the candidate and the treasurer of the candidate's committee
if the candidate and the treasurer, as applicable, have
provided the Board with an e-mail address. Upon posting of the
notice on the Board's website, all candidates of that office
in that election, including the public official or candidate
for whose benefit or detriment the independent expenditures
were made, may accept contributions in excess of any
contribution limits imposed by subsection (b).
(i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through dues, levies, or
similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $500 in a quarterly
reporting period shall be itemized on the committee's
quarterly report and may not be reported in the aggregate. A
political action committee facilitating the delivery of
contributions or receiving contributions shall disclose the
amount of contributions made through dues delivered or
received and the name of the corporation, labor organization,
association, or political action committee delivering the
contributions, if applicable. On January 1 of each
odd-numbered year, the State Board of Elections shall adjust
the amounts of the contribution limitations established in
this subsection for inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The State Board shall publish this information on its official
website.
(j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 days after the Board sends
notification to the political committee of the excess
contribution by certified mail shall escheat to the General
Revenue Fund and the political committee shall be deemed in
violation of this Section and subject to a civil penalty not to
exceed 150% of the total amount of the contribution.
(k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
Section 25. The General Assembly Compensation Act is
amended by changing Section 1 as follows:
(25 ILCS 115/1) (from Ch. 63, par. 14)
Sec. 1. Each member of the General Assembly shall receive
an annual salary of $28,000 or as set by the Compensation
Review Board, whichever is greater. The following named
officers, committee chairmen and committee minority spokesmen
shall receive additional amounts per year for their services
as such officers, committee chairmen and committee minority
spokesmen respectively, as set by the Compensation Review
Board or, as follows, whichever is greater: Beginning the
second Wednesday in January 1989, the Speaker and the minority
leader of the House of Representatives and the President and
the minority leader of the Senate, $16,000 each; the majority
leader in the House of Representatives $13,500; 5 assistant
majority leaders and 5 assistant minority leaders in the
Senate, $12,000 each; 6 assistant majority leaders and 6
assistant minority leaders in the House of Representatives,
$10,500 each; 2 Deputy Majority leaders in the House of
Representatives $11,500 each; and 2 Deputy Minority leaders in
the House of Representatives, $11,500 each; the majority
caucus chairman and minority caucus chairman in the Senate,
$12,000 each; and beginning the second Wednesday in January,
1989, the majority conference chairman and the minority
conference chairman in the House of Representatives, $10,500
each; beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing committee of
the Senate, except the Rules Committee, the Committee on
Committees, and the Committee on Assignment of Bills, $6,000
each; and beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing and select
committee of the House of Representatives, $6,000 each; and
beginning fiscal year 2020, the majority leader in the Senate,
an amount equal to the majority leader in the House. A member
who serves in more than one position as an officer, committee
chairman, or committee minority spokesman shall receive only
one additional amount based on the position paying the highest
additional amount. Prior to the 103rd General Assembly, the
The compensation provided for in this Section to be paid per
year to members of the General Assembly, including the
additional sums payable per year to officers of the General
Assembly shall be paid in 12 equal monthly installments. The
first such installment is payable on January 31, 1977. All
subsequent equal monthly installments are payable on the last
working day of the month. Prior to the 103rd General Assembly,
a A member who has held office any part of a month is entitled
to compensation for an entire month.
Beginning with the 103rd General Assembly, the
compensation provided for in this Section to be paid per year
to members of the General Assembly, including additional sums
payable per year to officers of the General Assembly, shall be
paid bi-monthly. Members who resign before completing the
entire term in office shall be compensated on a prorated
basis. Members completing the term of a vacancy shall be
compensated on a prorated basis.
Mileage shall be paid at the rate of 20 cents per mile
before January 9, 1985, and at the mileage allowance rate in
effect under regulations promulgated pursuant to 5 U.S.C.
5707(b)(2) beginning January 9, 1985, for the number of actual
highway miles necessarily and conveniently traveled by the
most feasible route to be present upon convening of the
sessions of the General Assembly by such member in each and
every trip during each session in going to and returning from
the seat of government, to be computed by the Comptroller. A
member traveling by public transportation for such purposes,
however, shall be paid his actual cost of that transportation
instead of on the mileage rate if his cost of public
transportation exceeds the amount to which he would be
entitled on a mileage basis. No member may be paid, whether on
a mileage basis or for actual costs of public transportation,
for more than one such trip for each week the General Assembly
is actually in session. Each member shall also receive an
allowance of $36 per day for lodging and meals while in
attendance at sessions of the General Assembly before January
9, 1985; beginning January 9, 1985, such food and lodging
allowance shall be equal to the amount per day permitted to be
deducted for such expenses under the Internal Revenue Code;
however, beginning May 31, 1995, no allowance for food and
lodging while in attendance at sessions is authorized for
periods of time after the last day in May of each calendar
year, except (i) if the General Assembly is convened in
special session by either the Governor or the presiding
officers of both houses, as provided by subsection (b) of
Section 5 of Article IV of the Illinois Constitution or (ii) if
the General Assembly is convened to consider bills vetoed,
item vetoed, reduced, or returned with specific
recommendations for change by the Governor as provided in
Section 9 of Article IV of the Illinois Constitution. For
fiscal year 2011 and for session days in fiscal years 2012,
2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
allowance for lodging and meals is $111 per day and (ii)
mileage for automobile travel shall be reimbursed at a rate of
$0.39 per mile.
Notwithstanding any other provision of law to the
contrary, beginning in fiscal year 2012, travel reimbursement
for General Assembly members on non-session days shall be
calculated using the guidelines set forth by the Legislative
Travel Control Board, except that fiscal year 2012, 2013,
2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
is set at a rate of $0.39 per mile.
If a member dies having received only a portion of the
amount payable as compensation, the unpaid balance shall be
paid to the surviving spouse of such member, or, if there be
none, to the estate of such member.
(Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19; revised 7-17-19.)
Section 30. The Lobbyist Registration Act is amended by
changing Sections 2, 3, 4.5, 4.7, 5, 6, 8, and 11.2 as follows:
(25 ILCS 170/2) (from Ch. 63, par. 172)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Person" means any individual, firm, partnership,
committee, association, corporation, or any other organization
or group of persons.
(b) "Expenditure" means a payment, distribution, loan,
advance, deposit, or gift of money or anything of value, and
includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure, for the ultimate
purpose of influencing executive, legislative, or
administrative action, other than compensation as defined in
subsection (d).
(c) "Official" means:
(1) the Governor, Lieutenant Governor, Secretary of
State, Attorney General, State Treasurer, and State
Comptroller;
(2) Chiefs of Staff for officials described in item
(1), the Deputy Governor, the Deputy Secretary of State,
the Deputy Attorney General, the Deputy Treasurer, and the
Deputy Comptroller;
(3) Cabinet members of any elected constitutional
officer, including Directors, Assistant Directors and
Chief Legal Counsel or General Counsel;
(4) Members of the General Assembly; and
(5) Members of any board, commission, authority, or
task force of the State authorized or created by State law
or by executive order of the Governor; .
(6) Mayors, presidents, aldermen, commissioners, and
trustees of a city, village, or town;
(7) County board members and countywide elected
officials;
(8) Township board members and township elected
officials; and
(9) Members of any board, commission, authority, or
task force created by a local ordinance or order of a mayor
or village or town president.
(d) "Compensation" means any money, thing of value or
financial benefits received or to be received in return for
services rendered or to be rendered, for lobbying or as a
consultant as defined in subsection (e).
Monies paid to members of the General Assembly by the
State as remuneration for performance of their Constitutional
and statutory duties as members of the General Assembly shall
not constitute compensation as defined by this Act.
(e) "Lobby" and "lobbying" means to communicate, including
the soliciting of others to communicate, any communication
with an official of the executive or legislative branch of
State government as defined in subsection (c) for the ultimate
purpose of influencing any executive, legislative, or
administrative action at the State, municipal, county, or
township government level. Soliciting of others to communicate
shall not include (i) the making of a grant by an organization
recognized as tax exempt under Section 501(c)(3) of the
Internal Revenue Code made in accordance with Section 4945 and
the regulations thereunder or (ii) a communication by an
organization recognized as tax exempt under Section 501(c)(3)
or 501(c)(5) of the Internal Revenue Code to the public or a
segment thereof or to its members to communicate with
legislators, executives, or administrators with respect to a
proposed action by the legislature, executive, or
administrator.
(f) "Influencing" means any communication, action,
reportable expenditure as prescribed in Section 6 or other
means used to promote, support, affect, modify, oppose or
delay any executive, legislative or administrative action or
to promote goodwill with officials as defined in subsection
(c).
(g) "Executive action" means the proposal, drafting,
development, consideration, amendment, adoption, approval,
promulgation, issuance, modification, rejection or
postponement by a State, municipal, county, or township
government entity of a rule, regulation, order, decision,
determination, contractual arrangement, purchasing agreement
or other quasi-legislative or quasi-judicial action or
proceeding.
(h) "Legislative action" means the development, drafting,
introduction, consideration, modification, adoption,
rejection, review, enactment, or passage or defeat of any
bill, amendment, resolution, ordinance, report, nomination,
administrative rule or other matter by either house of the
General Assembly or a committee thereof, or by a legislator,
by the legislative body of a municipality, county, or
township, or by an alderman, trustee, or township board
member. Legislative action also means the action of the
Governor, mayor, or village or township board president, or
county executive in approving or vetoing any bill, ordinance,
or resolution or portion thereof, and the action of such
officials the Governor or any agency under their jurisdiction
in the development of a legislative proposal for introduction
in the legislature.
(i) "Administrative action" means the execution or
rejection of any rule, regulation, legislative rule, standard,
fee, rate, contractual arrangement, purchasing agreement or
other delegated legislative or quasi-legislative action to be
taken or withheld by any executive agency, department, board
or commission of the State, municipal, county, or township.
(j) "Lobbyist" means any natural person who undertakes to
lobby State, municipal, county, or township government as
provided in subsection (e).
(k) "Lobbying entity" means any entity that hires,
retains, employs, or compensates a natural person to lobby
State, municipal, county, or township government as provided
in subsection (e).
(l) "Authorized agent" means the person designated by an
entity or lobbyist registered under this Act as the person
responsible for submission and retention of reports required
under this Act.
(m) "Client" means any person or entity that provides
compensation to a lobbyist to lobby State, municipal, county,
or township government as provided in subsection (e) of this
Section.
(n) "Client registrant" means a client who is required to
register under this Act.
(o) "Unit of local government" has the meaning ascribed to
it in Section 1 of Article VII of the Illinois Constitution and
also includes school districts and community college
districts.
(p) "Consultant" means any natural person or entity who,
for compensation, provides advisory services, including but
not limited to, rendering opinions on or developing strategies
for lobbying or influencing, to a lobbyist or lobbying entity
for the ultimate purpose of influencing any executive,
legislative, or administrative action. "Consultant" does not
include (i) an employee of the lobbyist or lobbying entity or
(ii) an attorney or law firm providing legal services,
including drafting legislation or advising and rendering
opinions to clients as to the construction and legal effect of
proposed or pending legislation or any executive, legislative,
or administrative action.
(Source: P.A. 101-595, eff. 12-5-19.)
(25 ILCS 170/3) (from Ch. 63, par. 173)
Sec. 3. Persons required to register.
(a) Except as provided in Section 9, any natural person
who, for compensation or otherwise, undertakes to lobby, or
any person or entity who employs or compensates another person
for the purposes of lobbying, shall register with the
Secretary of State as provided in this Act, unless that person
or entity qualifies for one or more of the following
exemptions.
(1) Persons or entities who, for the purpose of
influencing any executive, legislative, or administrative
action and who do not make expenditures that are
reportable pursuant to Section 6, appear without
compensation or promise thereof only as witnesses before a
legislative committee committees of the House and Senate
for the purpose of explaining or arguing for or against
the passage of or action upon any legislation, ordinance,
or regulation then pending before the committee those
committees, or who seek without compensation or promise
thereof the approval or veto of any legislation or
ordinance by the Governor.
(1.4) A unit of local government, State government, or
agencies, departments, commissions, boards, or task forces
thereof or a school district.
(1.5) An elected or appointed official or an employee
of a unit of local government or school district who, in
the scope of his or her public office or employment, seeks
to influence executive, legislative, or administrative
action exclusively on behalf of that unit of local
government or school district.
(2) Persons or entities who own, publish, or are
employed by a newspaper or other regularly published
periodical, or who own or are employed by a radio station,
television station, or other bona fide news medium that in
the ordinary course of business disseminates news,
editorial or other comment, or paid advertisements that
directly urge the passage or defeat of legislation. This
exemption is not applicable to such an individual insofar
as he or she receives additional compensation or expenses
from some source other than the bona fide news medium for
the purpose of influencing executive, legislative, or
administrative action. This exemption does not apply to
newspapers and periodicals owned by or published by trade
associations and not-for-profit corporations engaged
primarily in endeavors other than dissemination of news.
(3) Persons or entities performing professional
services in drafting bills or in advising and rendering
opinions to clients as to the construction and effect of
proposed or pending legislation when those professional
services are not otherwise, directly or indirectly,
connected with executive, legislative, or administrative
action.
(4) Persons or entities who are employees of
departments, divisions, or agencies of State or local
government and who appear before committees of the House
and Senate for the purpose of explaining how the
executive, legislative, or administrative action passage
of or action upon any legislation then pending before
those committees will affect those departments, divisions,
or agencies of State or local government.
(5) Employees of the General Assembly, legislators,
legislative agencies, and legislative commissions who, in
the course of their official duties only, engage in
activities that otherwise qualify as lobbying. Legislators
whose activities are limited to occasional communications
with an official of a unit of local government on behalf of
their employer in the ordinary course of their non-public
employment where (1) the primary duties of the employment
are not to influence executive, legislative, or
administrative action and (2) the legislator does not make
any expenditures that are reportable pursuant to Section
6.
(6) Persons or entities in possession of technical
skills and knowledge relevant to certain areas of
executive, legislative, or administrative actions, whose
skills and knowledge would be helpful to officials when
considering those actions, whose activities are limited to
making occasional appearances for or communicating on
behalf of a registrant, and who do not make expenditures
that are reportable pursuant to Section 6 even though
receiving expense reimbursement for those occasional
appearances.
(7) Any full-time employee of a bona fide church or
religious organization who represents that organization
solely for the purpose of protecting the right of the
members thereof to practice the religious doctrines of
that church or religious organization, or any such bona
fide church or religious organization.
(8) Persons or entities that receive no compensation
other than reimbursement for expenses of up to $500 per
year while engaged in lobbying State government, unless
those persons make expenditures that are reportable under
Section 6.
(9) Any attorney or group or firm of attorneys (1) in
connection with the practice of law or (2) in the course of
representing a client in relation to any administrative,
or judicial, quasi-judicial proceeding, or any witness
providing testimony in any administrative, or judicial, or
quasi-judicial proceeding, in which ex parte
communications are not allowed and who does not make
expenditures that are reportable pursuant to Section 6.
(9.5) Any attorney or group or firm of attorneys in
the course of representing a client in an administrative
or executive action involving a contractual or purchasing
arrangement and who does not make expenditures that are
reportable pursuant to Section 6.
(10) Persons or entities who, in the scope of their
employment as a vendor, offer or solicit an official for
the purchase of any goods or services when (1) the
solicitation is limited to either an oral inquiry or
written advertisements and informative literature; or (2)
the goods and services are subject to competitive bidding
requirements of the Illinois Procurement Code; or (3) the
goods and services are for sale at a cost not to exceed
$5,000; and (4) the persons or entities do not make
expenditures that are reportable under Section 6.
(a-5) If, in the course of providing services as a
consultant, the consultant communicates with an official on
behalf of the lobbyist or lobbying entity for the ultimate
purpose of influencing any executive, legislative, or
administrative action, or makes an expenditure on behalf of or
benefiting an official, the consultant shall register as a
lobbyist within 2 business days of engaging in the
communication with the official or making the expenditure
benefiting the official.
(b) It is a violation of this Act to engage in lobbying or
to employ any person for the purpose of lobbying who is not
registered with the Office of the Secretary of State, except
upon condition that the person register and the person does in
fact register within 2 business days after being employed or
retained for lobbying services.
(c) The Secretary shall promulgate a rule establishing a
list of the entities required to register under this Act,
including the name of each board, commission, authority, or
task force. The Secretary may require a person or entity
claiming an exemption under this Section to certify the person
or entity is not required to register under this Act. Nothing
prohibits the Secretary from rejecting a certification and
requiring a person or entity to register.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
(25 ILCS 170/4.5)
Sec. 4.5. Ethics training. Each natural person required to
register as a lobbyist under this Act must complete a program
of ethics training provided by the Secretary of State. A
natural person registered under this Act must complete the
training program before no later than 30 days after
registration or renewal is deemed complete under this Act. If
the Secretary of State uses the ethics training developed in
accordance with Section 5-10 of the State Officials and
Employees Ethics Act, that training must be expanded to
include appropriate information about the requirements,
responsibilities, and opportunities imposed by or arising
under this Act, including reporting requirements.
The Secretary of State shall adopt rules for the
implementation of this Section.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
(25 ILCS 170/4.7)
Sec. 4.7. Prohibition on sexual harassment.
(a) All persons have the right to work in an environment
free from sexual harassment. All persons subject to this Act
shall refrain from sexual harassment of any person.
(b) (Blank). Until January 1, 2020, each natural person
required to register as a lobbyist under this Act must
complete, at least annually, a sexual harassment training
program provided by the Secretary of State. A natural person
registered under this Act must complete the training program
no later than 30 days after registration or renewal under this
Act. This requirement does not apply to a lobbying entity or a
client that hires a lobbyist that (i) does not have employees
of the lobbying entity or client registered as lobbyists, or
(ii) does not have an actual presence in Illinois.
(b-5) Each Beginning January 1, 2020, each natural person
required to register as a lobbyist under this Act must
complete, at least annually, a harassment and discrimination
prevention training program provided by the Secretary of
State. A natural person registered under this Act must
complete the training program before no later than 30 days
after registration or renewal is deemed complete under this
Act. This requirement does not apply to a lobbying entity or a
client that hires a lobbyist that (i) does not have employees
of the lobbying entity or client registered as lobbyists, or
(ii) does not have an actual presence in Illinois. For the
purposes of this subsection, "unlawful discrimination" and
"harassment" mean unlawful discrimination and harassment
prohibited under Section 2-102 of the Illinois Human Rights
Act.
(c) Before registration or renewal is deemed complete
under this Act No later than January 1, 2018, each natural
person and any entity required to register under this Act
shall have a written sexual harassment policy that shall
include, at a minimum: (i) a prohibition on sexual harassment;
(ii) details on how an individual can report an allegation of
sexual harassment, including options for making a confidential
report to a supervisor, ethics officer, Inspector General, or
the Department of Human Rights; (iii) a prohibition on
retaliation for reporting sexual harassment allegations,
including availability of whistleblower protections under the
State Officials and Employee Ethics Act, the Whistleblower
Act, and the Illinois Human Rights Act; and (iv) the
consequences of a violation of the prohibition on sexual
harassment and the consequences for knowingly making a false
report.
(d) For purposes of this Act, "sexual harassment" means
any unwelcome sexual advances or requests for sexual favors or
any conduct of a sexual nature when: (i) submission to such
conduct is made either explicitly or implicitly a term or
condition of an individual's employment; (ii) submission to or
rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or (iii)
such conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating
an intimidating, hostile, or offensive working environment.
For the purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties and does not require
an employment relationship.
(e) The Secretary of State shall adopt rules for the
implementation of this Section. In order to provide for the
expeditious and timely implementation of this Section, the
Secretary of State shall adopt emergency rules under
subsection (z) of Section 5-45 of the Illinois Administrative
Procedure Act for the implementation of this Section no later
than 60 days after the effective date of this amendatory Act of
the 100th General Assembly.
(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.)
(25 ILCS 170/5)
Sec. 5. Lobbyist registration and disclosure. Every
natural person and every entity required to register under
this Act shall before any service is performed which requires
the natural person or entity to register, but in any event not
later than 2 business days after being employed or retained,
file in the Office of the Secretary of State a statement in a
format prescribed by the Secretary of State containing the
following information with respect to each person or entity
employing, retaining, or benefitting from the services of the
natural person or entity required to register:
(a) The registrant's name, permanent address, e-mail
address, if any, fax number, if any, business telephone
number, and temporary address, if the registrant has a
temporary address while lobbying.
(a-5) If the registrant is an entity, the information
required under subsection (a) for each natural person
associated with the registrant who will be lobbying,
regardless of whether lobbying is a significant part of
his or her duties.
(b) The name and address of the client or clients
employing or retaining the registrant to perform such
services or on whose behalf the registrant appears. If the
client employing or retaining the registrant is a client
registrant, the statement shall also include the name and
address of the client or clients of the client registrant
on whose behalf the registrant will be or anticipates
performing services.
(b-5) If the registrant employs or retains a
sub-registrant, the statement shall include the name and
address of the sub-registrant and identify the client or
clients of the registrant on whose behalf the
sub-registrant will be or is anticipated to be performing
services.
(b-7) If the registrant retains a consultant, the
statement shall include the name and address of the
consultant and identify the client or clients and each
executive and legislative branch agency for which the
consultant is to provide advisory services.
(c) For those identified under subsections (b), (b-5),
and (b-7), a A brief description of the executive,
legislative, or administrative action in reference to
which such service is to be rendered.
(c-5) Each executive and legislative branch agency of
the State and each unit of local government the registrant
expects to lobby during the registration period.
(c-6) The nature of the client's business, by
indicating all of the following categories that apply: (1)
banking and financial services, (2) manufacturing, (3)
education, (4) environment, (5) healthcare, (6) insurance,
(7) community interests, (8) labor, (9) public relations
or advertising, (10) marketing or sales, (11) hospitality,
(12) engineering, (13) information or technology products
or services, (14) social services, (15) public utilities,
(16) racing or wagering, (17) real estate or construction,
(18) telecommunications, (19) trade or professional
association, (20) travel or tourism, (21) transportation,
(22) agriculture, and (23) other (setting forth the nature
of that other business).
(d) A confirmation that the registrant has a sexual
harassment policy as required by Section 4.7, that such
policy shall be made available to any individual within 2
business days upon written request (including electronic
requests), that any person may contact the authorized
agent of the registrant to report allegations of sexual
harassment, and that the registrant recognizes the
Inspector General has jurisdiction to review any
allegations of sexual harassment alleged against the
registrant or lobbyists hired by the registrant.
(e) (Blank). Each unit of local government in this
State for which the registrant is or expects to be
required to register to lobby the local government during
the registration period. "Lobby" shall have the meaning
ascribed to it by the relevant unit of local government.
(f) Each elected or appointed public office in this
State to be held by the registrant at any time during the
registration period.
Every natural person and every entity required to register
under this Act shall annually submit the registration required
by this Section on or before each January 31. The registrant
has a continuing duty to report any substantial change or
addition to the information contained in the registration. A
registrant who retains a consultant shall file an amended
registration before any consulting services are performed, but
in any event not later than 2 business days after the
consultant is retained, setting forth the information required
in subsections (b-7) and (c) of this Section. Registrants
registered as of the effective date of this amendatory Act of
the 101st General Assembly shall update their registration to
add the information required under subsections (b-5), (e), and
(f), if applicable, within 30 days after the effective date of
this amendatory Act of the 101st General Assembly.
The Secretary of State shall make all filed statements and
amendments to statements publicly available by means of a
searchable database that is accessible through the World Wide
Web. The Secretary of State shall provide all software
necessary to comply with this provision to all natural persons
and entities required to file. The Secretary of State shall
implement a plan to provide computer access and assistance to
natural persons and entities required to file electronically.
All natural persons and entities required to register
under this Act shall remit a single, annual, and nonrefundable
$300 registration fee. Each natural person required to
register under this Act shall submit, on an annual basis, a
picture of the registrant. A registrant may, in lieu of
submitting a picture on an annual basis, authorize the
Secretary of State to use any photo identification available
in any database maintained by the Secretary of State for other
purposes. Each registration fee collected for registrations on
or after January 1, 2010 shall be deposited into the Lobbyist
Registration Administration Fund for administration and
enforcement of this Act.
(Source: P.A. 100-554, eff. 11-16-17; 101-595, eff. 12-5-19.)
(25 ILCS 170/6) (from Ch. 63, par. 176)
Sec. 6. Reports.
(a) Lobbyist reports. Except as otherwise provided in this
Section, every lobbyist registered under this Act who is
solely employed by a lobbying entity shall file an
affirmation, verified under oath pursuant to Section 1-109 of
the Code of Civil Procedure, with the Secretary of State
attesting to the accuracy of any reports filed pursuant to
subsection (b) as those reports pertain to work performed by
the lobbyist. Any lobbyist registered under this Act who is
not solely employed by a lobbying entity shall personally file
reports required of lobbying entities pursuant to subsection
(b). A lobbyist may, if authorized so to do by a lobbying
entity by whom he or she is employed or retained, file lobbying
entity reports pursuant to subsection (b) provided that the
lobbying entity may delegate the filing of the lobbying entity
report to only one lobbyist in any reporting period.
(b) Lobbying entity reports. Every lobbying entity
registered under this Act shall report expenditures related to
lobbying, including any expenditures made by a consultant in
performing services for the lobbying entity. The report shall
itemize each individual expenditure or transaction and shall
include the name of the official on whose behalf the
expenditure was made, the name of the client if the
expenditure was made on behalf of a client, the total amount of
the expenditure, a description of the expenditure, the vendor
or purveyor to whom the expenditure was made (including the
address or location of the expenditure), the date on which the
expenditure occurred and the subject matter of the lobbying
activity, if any. For those expenditures made on behalf of a
client, if the client is a client registrant, the report shall
also include the name and address of the client or clients of
the client registrant or the official or officials on whose
behalf the expenditure ultimately was made. Each expenditure
required to be reported shall include all expenses made for or
on behalf of an official or his or her immediate family member
living with the official.
(b-1) The report shall include any change or addition to
the client list information, required in Section 5 for
registration, since the last report, including the names and
addresses of all clients who retained the lobbying entity
together with an itemized description for each client of the
following: (1) lobbying regarding executive action, including
the name of any executive agency lobbied and the subject
matter; (2) lobbying regarding legislative action, including
the General Assembly and any other agencies lobbied and the
subject matter; and (3) lobbying regarding administrative
action, including the agency lobbied and the subject matter.
Registrants who made no reportable expenditures during a
reporting period shall file a report stating that no
expenditures were incurred.
(b-2) Expenditures attributable to lobbying officials
shall be listed and reported according to the following
categories:
(1) Travel and lodging on behalf of others, including,
but not limited to, all travel and living accommodations
made for or on behalf of State officials during sessions
of the General Assembly.
(2) Meals, beverages and other entertainment.
(3) Gifts (indicating which, if any, are on the basis
of personal friendship).
(4) Honoraria.
(5) Any other thing or service of value not listed
under categories (1) through (4), setting forth a
description of the expenditure. The category travel and
lodging includes, but is not limited to, all travel and
living accommodations made for or on behalf of State
officials in the State capital during sessions of the
General Assembly.
(b-3) Expenditures incurred for hosting receptions,
benefits and other large gatherings held for purposes of
goodwill or otherwise to influence executive, legislative or
administrative action to which there are 25 or more State
officials invited shall be reported listing only the total
amount of the expenditure, the date of the event, and the
estimated number of officials in attendance.
(b-7) Matters excluded from reports. The following items
need not be included in the report:
(1) Reasonable and bona fide expenditures made by the
registrant who is a member of a legislative or State study
commission or committee while attending and participating
in meetings and hearings of such commission or committee.
(2) Reasonable and bona fide expenditures made by the
registrant for personal sustenance, lodging, travel,
office expenses and clerical or support staff.
(3) Salaries, fees, and other compensation paid to the
registrant for the purposes of lobbying.
(4) Any contributions required to be reported under
Article 9 of the Election Code.
(5) Expenditures made by a registrant on behalf of an
official that are returned or reimbursed prior to the
deadline for submission of the report.
(c) A registrant who terminates employment or duties which
required him to register under this Act shall give the
Secretary of State, within 30 days after the date of such
termination, written notice of such termination and shall
include therewith a report of the expenditures described
herein, covering the period of time since the filing of his
last report to the date of termination of employment. Such
notice and report shall be final and relieve such registrant
of further reporting under this Act, unless and until he later
takes employment or assumes duties requiring him to again
register under this Act.
(d) Failure to file any such report within the time
designated or the reporting of incomplete information shall
constitute a violation of this Act.
A registrant shall preserve for a period of 2 years all
receipts and records used in preparing reports under this Act.
(e) Within 30 days after a filing deadline or as provided
by rule, the lobbyist shall notify each official on whose
behalf an expenditure has been reported. Notification shall
include the name of the registrant, the total amount of the
expenditure, a description of the expenditure, the date on
which the expenditure occurred, and the subject matter of the
lobbying activity.
(f) A report for the period beginning January 1, 2010 and
ending on June 30, 2010 shall be filed no later than July 15,
2010, and a report for the period beginning July 1, 2010 and
ending on December 31, 2010 shall be filed no later than
January 15, 2011. Beginning January 1, 2011, reports shall be
filed semi-monthly as follows: (i) for the period beginning
the first day of the month through the 15th day of the month,
the report shall be filed no later than the 20th day of the
month and (ii) for the period beginning on the 16th day of the
month through the last day of the month, the report shall be
filed no later than the 5th day of the following month. A
report filed under this Act is due in the Office of the
Secretary of State no later than the close of business on the
date on which it is required to be filed.
(g) All reports filed under this Act shall be filed in a
format or on forms prescribed by the Secretary of State.
(Source: P.A. 98-459, eff. 1-1-14.)
(25 ILCS 170/8) (from Ch. 63, par. 178)
Sec. 8. Contingent fees prohibited. No person shall retain
or employ another to lobby or provide services as a consultant
with respect to any legislative, executive, or administrative
action for compensation contingent in whole or in part upon
the outcome of the action and no person shall accept any such
employment or render any such service for compensation
contingent upon the outcome of the legislative, executive, or
administrative action.
(Source: P.A. 93-889, eff. 8-9-04.)
(25 ILCS 170/11.2)
Sec. 11.2. Preemption Local regulation. Other than a
municipality with a population over 500,000, no unit of local
government, including a home rule unit, may regulate lobbying
in a manner inconsistent with this Act, and all existing laws
and ordinances that are inconsistent with this Act are hereby
superseded. This Section is a limitation of home rule powers
under subsections (h) and (i) of Section 6 of Article VII of
the Illinois Constitution. A unit of local government or
school district may adopt an ordinance or resolution
regulating lobbying activities with that unit of local
government or school district that imposes requirements
similar to those imposed by this Act.
(Source: P.A. 88-187.)
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