Bill Text: IL SB1526 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Department of Natural Resources Act. Requires that no fees imposed or collected by the Department or any related federal funds shall be used for any purpose other than the administration of the Department or the implementation and enforcement of its policies and programs or any purpose not in compliance with federal funding requirements. Effective immediately.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2010-07-28 - Public Act . . . . . . . . . 96-1358 [SB1526 Detail]
Download: Illinois-2009-SB1526-Enrolled.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Secretary of State Act is amended by | ||||||
| 5 | changing Section 14 as follows:
| ||||||
| 6 | (15 ILCS 305/14) | ||||||
| 7 | Sec. 14. Inspector General. | ||||||
| 8 | (a) The Secretary of State must, with the advice and | ||||||
| 9 | consent of the Senate,
appoint an Inspector General for the | ||||||
| 10 | purpose of detection, deterrence, and
prevention of fraud,
| ||||||
| 11 | corruption, mismanagement, gross or aggravated misconduct, or | ||||||
| 12 | misconduct
that may be criminal in nature in the Office of the | ||||||
| 13 | Secretary of State. The
Inspector General shall serve a 5-year | ||||||
| 14 | term.
If no successor is appointed and qualified upon the
| ||||||
| 15 | expiration of the Inspector General's term, the Office of | ||||||
| 16 | Inspector General is
deemed vacant and the powers and duties | ||||||
| 17 | under this Section may be exercised
only by an appointed and | ||||||
| 18 | qualified interim Inspector General until a successor
| ||||||
| 19 | Inspector General is appointed and qualified.
If the General | ||||||
| 20 | Assembly is not in session when a vacancy in the Office of
| ||||||
| 21 | Inspector General occurs, the Secretary of State may appoint an | ||||||
| 22 | interim
Inspector General whose term shall expire 2 weeks after | ||||||
| 23 | the next
regularly scheduled session day of the Senate. | ||||||
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| 1 | (b) The Inspector General shall have the following | ||||||
| 2 | qualifications: | ||||||
| 3 | (1) has not been convicted of any felony under the laws | ||||||
| 4 | of this State,
another State, or the United States; | ||||||
| 5 | (2) has earned a baccalaureate degree from an | ||||||
| 6 | institution of higher
education; and | ||||||
| 7 | (3) has either (A) 5 or more years of service with a | ||||||
| 8 | federal, State, or
local law enforcement agency, at least 2 | ||||||
| 9 | years of which have been in a
progressive investigatory | ||||||
| 10 | capacity; (B) 5 or more years of service as a
federal, | ||||||
| 11 | State, or local prosecutor; or (C) 5 or more years of | ||||||
| 12 | service as a
senior manager or executive of a federal, | ||||||
| 13 | State, or local
agency. | ||||||
| 14 | (c) The Inspector General may review, coordinate, and | ||||||
| 15 | recommend methods and
procedures to increase the integrity of | ||||||
| 16 | the Office of the Secretary of State.
The duties of the | ||||||
| 17 | Inspector General shall
supplement and not supplant the duties | ||||||
| 18 | of the Chief Auditor for the Secretary
of State's Office or any | ||||||
| 19 | other Inspector General that may be authorized by law.
The | ||||||
| 20 | Inspector General must report directly to the Secretary
of | ||||||
| 21 | State. | ||||||
| 22 | (d) In addition to the authority otherwise provided by this | ||||||
| 23 | Section, but
only when investigating the Office of the | ||||||
| 24 | Secretary of State, its employees, or
their actions for
fraud, | ||||||
| 25 | corruption, mismanagement, gross or aggravated misconduct, or
| ||||||
| 26 | misconduct that may be criminal in nature, the Inspector | ||||||
| |||||||
| |||||||
| 1 | General is
authorized: | ||||||
| 2 | (1) To have access to all records, reports, audits, | ||||||
| 3 | reviews, documents,
papers, recommendations, or other | ||||||
| 4 | materials available that relate to programs
and operations | ||||||
| 5 | with respect to which the Inspector General has | ||||||
| 6 | responsibilities
under this Section. | ||||||
| 7 | (2) To make any investigations and reports relating to | ||||||
| 8 | the administration
of the programs and operations of the | ||||||
| 9 | Office of the Secretary of State that
are, in the judgment | ||||||
| 10 | of the Inspector General, necessary or desirable. | ||||||
| 11 | (3) To request any information or assistance that may | ||||||
| 12 | be necessary for
carrying out the duties and | ||||||
| 13 | responsibilities provided by this Section from any
local, | ||||||
| 14 | State, or federal governmental agency or unit thereof. | ||||||
| 15 | (4) To require by subpoena the
appearance of witnesses | ||||||
| 16 | and the production of all information, documents,
reports, | ||||||
| 17 | answers, records, accounts, papers, and other data and | ||||||
| 18 | documentary
evidence necessary in the performance of the | ||||||
| 19 | functions assigned by this
Section, with the exception of | ||||||
| 20 | subsection (c) and with the exception of records
of a labor
| ||||||
| 21 | organization authorized and recognized under the Illinois | ||||||
| 22 | Public Labor
Relations
Act to be the exclusive bargaining | ||||||
| 23 | representative of employees of the Secretary
of State, | ||||||
| 24 | including, but not limited to, records of representation of | ||||||
| 25 | employees
and
the negotiation of collective bargaining | ||||||
| 26 | agreements. A subpoena may be issued
under
this paragraph | ||||||
| |||||||
| |||||||
| 1 | (4) only by the
Inspector General and not by members of the | ||||||
| 2 | Inspector General's staff.
A person duly
subpoenaed for | ||||||
| 3 | testimony, documents, or other items who neglects or | ||||||
| 4 | refuses to
testify or produce documents or other items | ||||||
| 5 | under the requirements of the
subpoena shall be subject to | ||||||
| 6 | punishment as
may be determined by a court of competent | ||||||
| 7 | jurisdiction, unless (i) the
testimony, documents, or | ||||||
| 8 | other items are covered by the attorney-client
privilege or
| ||||||
| 9 | any other privilege or right recognized by law or (ii) the | ||||||
| 10 | testimony,
documents, or other items concern the | ||||||
| 11 | representation of employees and the
negotiation of | ||||||
| 12 | collective bargaining agreements by a labor
organization | ||||||
| 13 | authorized and recognized under the Illinois Public
Labor | ||||||
| 14 | Relations Act to be the exclusive bargaining | ||||||
| 15 | representative of
employees of the Secretary of State. | ||||||
| 16 | Nothing in this Section limits a
person's right to | ||||||
| 17 | protection against self-incrimination under the Fifth
| ||||||
| 18 | Amendment of the United States Constitution or Article I, | ||||||
| 19 | Section 10,
of the Constitution of the State of Illinois. | ||||||
| 20 | (5) To have direct and prompt access to the Secretary | ||||||
| 21 | of State for any
purpose pertaining to the performance of | ||||||
| 22 | functions and responsibilities under
this Section. | ||||||
| 23 | (d-5) In addition to the authority otherwise provided by | ||||||
| 24 | this Section, the Secretary of State Inspector General shall | ||||||
| 25 | have jurisdiction to investigate complaints and allegations of | ||||||
| 26 | wrongdoing by any person or entity related to the Lobbyist | ||||||
| |||||||
| |||||||
| 1 | Registration Act. When investigating those complaints and | ||||||
| 2 | allegations, the Inspector General is authorized: | ||||||
| 3 | (1) To have access to all records, reports, audits, | ||||||
| 4 | reviews, documents, papers, recommendations, or other | ||||||
| 5 | materials available that relate to programs and operations | ||||||
| 6 | with respect to which the Inspector General has | ||||||
| 7 | responsibilities under this Section. | ||||||
| 8 | (2) To request any information or assistance that may | ||||||
| 9 | be necessary for carrying out the duties and | ||||||
| 10 | responsibilities provided by this Section from any local, | ||||||
| 11 | State, or federal governmental agency or unit thereof. | ||||||
| 12 | (3) To require by subpoena the appearance of witnesses | ||||||
| 13 | and the production of all information, documents, reports, | ||||||
| 14 | answers, records, accounts, papers, and other data and | ||||||
| 15 | documentary evidence necessary in the performance of the | ||||||
| 16 | functions assigned by this Section. A subpoena may be | ||||||
| 17 | issued under this paragraph (3) only by the Inspector | ||||||
| 18 | General and not by members of the Inspector General's | ||||||
| 19 | staff. A person duly subpoenaed for testimony, documents, | ||||||
| 20 | or other items who neglects or refuses to testify or | ||||||
| 21 | produce documents or other items under the requirements of | ||||||
| 22 | the subpoena shall be subject to punishment as may be | ||||||
| 23 | determined by a court of competent jurisdiction, unless the | ||||||
| 24 | testimony, documents, or other items are covered by the | ||||||
| 25 | attorney-client privilege or any other privilege or right | ||||||
| 26 | recognized by law. Nothing in this Section limits a | ||||||
| |||||||
| |||||||
| 1 | person's right to protection against self-incrimination | ||||||
| 2 | under the Fifth Amendment of the United States Constitution | ||||||
| 3 | or Section 10 of Article I of the Constitution of the State | ||||||
| 4 | of Illinois. | ||||||
| 5 | (4) To have direct and prompt access to the Secretary | ||||||
| 6 | of State for any purpose pertaining to the performance of | ||||||
| 7 | functions and responsibilities under this Section.
| ||||||
| 8 | (e) The Inspector General may receive and investigate | ||||||
| 9 | complaints or
information from an employee of the Secretary of | ||||||
| 10 | State concerning the possible
existence of an activity | ||||||
| 11 | constituting a violation of law, rules, or
regulations; | ||||||
| 12 | mismanagement; abuse of authority; or substantial and specific
| ||||||
| 13 | danger to the public health and safety. Any person
who | ||||||
| 14 | knowingly files a
false
complaint or files a complaint with | ||||||
| 15 | reckless disregard for the truth or the
falsity
of the facts | ||||||
| 16 | underlying the complaint may be subject to discipline as set | ||||||
| 17 | forth
in the rules of the Department of Personnel of the | ||||||
| 18 | Secretary of State or the Inspector General may refer the | ||||||
| 19 | matter to a State's Attorney or the Attorney General. | ||||||
| 20 | The Inspector General may not, after receipt of a complaint | ||||||
| 21 | or information, disclose the
identity of the source
without the | ||||||
| 22 | consent of the source, unless the
Inspector General determines | ||||||
| 23 | that
disclosure of the identity is reasonable and necessary for | ||||||
| 24 | the furtherance of
the
investigation. | ||||||
| 25 | Any employee who has the authority to recommend or
approve | ||||||
| 26 | any personnel action or to direct others to recommend or | ||||||
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| |||||||
| 1 | approve any
personnel action may not, with respect to that | ||||||
| 2 | authority, take or threaten to
take any action against any | ||||||
| 3 | employee as a reprisal for making a
complaint or disclosing | ||||||
| 4 | information to the Inspector General, unless the
complaint was | ||||||
| 5 | made or the information disclosed with the knowledge that it | ||||||
| 6 | was
false or with willful disregard for its truth or falsity. | ||||||
| 7 | (f) The Inspector General must adopt rules, in accordance | ||||||
| 8 | with the
provisions of the Illinois Administrative Procedure | ||||||
| 9 | Act, establishing minimum
requirements for initiating, | ||||||
| 10 | conducting, and completing investigations. The
rules must | ||||||
| 11 | establish criteria for determining, based upon the nature of | ||||||
| 12 | the
allegation, the appropriate method of investigation, which | ||||||
| 13 | may include, but is
not limited to, site visits, telephone | ||||||
| 14 | contacts, personal interviews, or
requests for written | ||||||
| 15 | responses. The rules must also clarify how the Office of
the | ||||||
| 16 | Inspector General shall interact with other local, State, and | ||||||
| 17 | federal law
enforcement investigations. | ||||||
| 18 | Any employee of the Secretary of State subject to | ||||||
| 19 | investigation or inquiry
by the Inspector General or any agent | ||||||
| 20 | or representative of the Inspector
General concerning | ||||||
| 21 | misconduct that is criminal in nature shall have the right
to | ||||||
| 22 | be notified of the right to remain silent
during the | ||||||
| 23 | investigation or inquiry and the right to be represented in the
| ||||||
| 24 | investigation or inquiry by an attorney or a representative of | ||||||
| 25 | a labor
organization that is
the exclusive collective | ||||||
| 26 | bargaining representative of employees of the
Secretary of | ||||||
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| |||||||
| 1 | State.
Any investigation or inquiry by the Inspector General or | ||||||
| 2 | any agent or
representative of the Inspector General must be | ||||||
| 3 | conducted with an awareness of
the provisions of a collective | ||||||
| 4 | bargaining agreement that applies to the
employees
of the | ||||||
| 5 | Secretary of State and with an awareness of the rights of the | ||||||
| 6 | employees
as set forth in State and federal law and applicable | ||||||
| 7 | judicial decisions. Any
recommendations for discipline or any | ||||||
| 8 | action taken
against any employee by the
Inspector General or | ||||||
| 9 | any representative or agent of the Inspector General must
| ||||||
| 10 | comply with the provisions of the collective bargaining | ||||||
| 11 | agreement that applies
to the employee. | ||||||
| 12 | (g) On or before January 1 of each year, the Inspector | ||||||
| 13 | General shall report
to the President of the Senate, the | ||||||
| 14 | Minority Leader of the Senate, the Speaker
of the House of | ||||||
| 15 | Representatives, and the Minority Leader of the House of
| ||||||
| 16 | Representatives on the types of investigations and the | ||||||
| 17 | activities undertaken by
the Office of the Inspector General | ||||||
| 18 | during the previous calendar year. | ||||||
| 19 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 20 | Section 10. The Lobbyist Registration Act is amended by | ||||||
| 21 | changing Sections 2, 3, 3.1, 4.5, 5, 6, 6.5, 7, and 11 as | ||||||
| 22 | follows:
| ||||||
| 23 | (25 ILCS 170/2) (from Ch. 63, par. 172) | ||||||
| 24 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| |||||||
| |||||||
| 1 | context otherwise
requires: | ||||||
| 2 | (a) "Person" means any individual, firm, partnership, | ||||||
| 3 | committee,
association, corporation, or any other organization | ||||||
| 4 | or group of persons. | ||||||
| 5 | (b) "Expenditure" means a payment, distribution, loan, | ||||||
| 6 | advance, deposit,
or gift of money or anything of value, and | ||||||
| 7 | includes a contract, promise, or
agreement, whether or not | ||||||
| 8 | legally enforceable, to make an expenditure, for
the ultimate | ||||||
| 9 | purpose of influencing executive, legislative, or | ||||||
| 10 | administrative
action, other than compensation as defined in | ||||||
| 11 | subsection (d). | ||||||
| 12 | (c) "Official" means: | ||||||
| 13 | (1) the Governor, Lieutenant Governor, Secretary of | ||||||
| 14 | State, Attorney
General, State Treasurer, and State | ||||||
| 15 | Comptroller; | ||||||
| 16 | (2) Chiefs of Staff for officials described in item | ||||||
| 17 | (1); | ||||||
| 18 | (3) Cabinet members of any elected constitutional | ||||||
| 19 | officer, including
Directors, Assistant Directors and | ||||||
| 20 | Chief Legal Counsel or General Counsel; | ||||||
| 21 | (4) Members of the General Assembly; and . | ||||||
| 22 | (5) Members of any board, commission, authority, or | ||||||
| 23 | task force of the State authorized or created by State law | ||||||
| 24 | or by executive order of the Governor. | ||||||
| 25 | (d) "Compensation" means any money, thing of value or | ||||||
| 26 | financial benefits
received or to be received in return for | ||||||
| |||||||
| |||||||
| 1 | services rendered or to be
rendered, for lobbying as defined in | ||||||
| 2 | subsection (e). | ||||||
| 3 | Monies paid to members of the General Assembly by the State | ||||||
| 4 | as
remuneration for performance of their Constitutional and | ||||||
| 5 | statutory duties
as members of the General Assembly shall not | ||||||
| 6 | constitute compensation as
defined by this Act. | ||||||
| 7 | (e) "Lobby" and "lobbying"
means any communication with an | ||||||
| 8 | official of the
executive or legislative branch of State | ||||||
| 9 | government as defined in subsection
(c) for the ultimate | ||||||
| 10 | purpose of influencing any executive, legislative, or
| ||||||
| 11 | administrative action. | ||||||
| 12 | (f) "Influencing" means any communication, action, | ||||||
| 13 | reportable
expenditure as prescribed in Section 6 or other | ||||||
| 14 | means used to promote,
support, affect, modify, oppose or delay | ||||||
| 15 | any executive, legislative or
administrative action or to | ||||||
| 16 | promote goodwill with officials as defined in
subsection (c). | ||||||
| 17 | (g) "Executive action" means the proposal, drafting, | ||||||
| 18 | development,
consideration, amendment, adoption, approval, | ||||||
| 19 | promulgation, issuance,
modification, rejection or | ||||||
| 20 | postponement by a State entity of a rule,
regulation, order, | ||||||
| 21 | decision, determination, contractual arrangement, purchasing
| ||||||
| 22 | agreement or other quasi-legislative or quasi-judicial action | ||||||
| 23 | or proceeding. | ||||||
| 24 | (h) "Legislative action" means the development, drafting, | ||||||
| 25 | introduction,
consideration, modification, adoption, | ||||||
| 26 | rejection, review, enactment, or passage
or defeat of any bill, | ||||||
| |||||||
| |||||||
| 1 | amendment, resolution, report, nomination,
administrative rule | ||||||
| 2 | or other matter by either house of the General Assembly or
a | ||||||
| 3 | committee thereof, or by a legislator. Legislative action also | ||||||
| 4 | means the
action of the Governor in approving or vetoing any | ||||||
| 5 | bill or portion thereof, and
the action of the Governor or any | ||||||
| 6 | agency in the development of a proposal for
introduction in the | ||||||
| 7 | legislature. | ||||||
| 8 | (i) "Administrative action" means the execution or | ||||||
| 9 | rejection of any rule,
regulation, legislative rule, standard, | ||||||
| 10 | fee, rate, contractual arrangement,
purchasing agreement or | ||||||
| 11 | other delegated legislative or quasi-legislative action
to be | ||||||
| 12 | taken or withheld by any executive agency, department, board or
| ||||||
| 13 | commission of the State. | ||||||
| 14 | (j) "Lobbyist" means any natural person who undertakes to | ||||||
| 15 | lobby State government
as provided in subsection (e). | ||||||
| 16 | (k) "Lobbying entity" means any entity that hires, retains, | ||||||
| 17 | employs, or compensates a natural person to lobby State | ||||||
| 18 | government as provided in subsection (e).
| ||||||
| 19 | (l) "Authorized agent" means the person designated by an | ||||||
| 20 | entity or lobbyist registered under this Act as the person | ||||||
| 21 | responsible for submission and retention of reports required | ||||||
| 22 | under this Act. | ||||||
| 23 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 24 | (25 ILCS 170/3) (from Ch. 63, par. 173) | ||||||
| 25 | Sec. 3. Persons required to register. | ||||||
| |||||||
| |||||||
| 1 | (a) Except as provided in Section
9, any natural
person | ||||||
| 2 | who, for compensation or otherwise,
undertakes to lobby, or any
| ||||||
| 3 | person or entity who employs or compensates another person for | ||||||
| 4 | the purposes
of lobbying, shall register with the Secretary of | ||||||
| 5 | State as provided in this Act, unless that person or entity | ||||||
| 6 | qualifies for one or more of the following exemptions. | ||||||
| 7 | (1) Persons or entities who, for the purpose of | ||||||
| 8 | influencing any executive, legislative, or administrative | ||||||
| 9 | action and who do not make expenditures that are reportable | ||||||
| 10 | pursuant to Section 6, appear without compensation or | ||||||
| 11 | promise thereof only as witnesses before committees of the | ||||||
| 12 | House and Senate for the purpose of explaining or arguing | ||||||
| 13 | for or against the passage of or action upon any | ||||||
| 14 | legislation then pending before those committees, or who | ||||||
| 15 | seek without compensation or promise thereof the approval | ||||||
| 16 | or veto of any legislation by the Governor. | ||||||
| 17 | (1.4) A unit of local government or a school district. | ||||||
| 18 | (1.5) An elected or appointed official or an employee | ||||||
| 19 | of a unit of local government or school district who, in | ||||||
| 20 | the scope of his or her public office or employment, seeks | ||||||
| 21 | to influence executive, legislative, or administrative | ||||||
| 22 | action exclusively on behalf of that unit of local | ||||||
| 23 | government or school district. | ||||||
| 24 | (2) Persons or entities who own, publish, or are | ||||||
| 25 | employed by a newspaper or other regularly published | ||||||
| 26 | periodical, or who own or are employed by a radio station, | ||||||
| |||||||
| |||||||
| 1 | television station, or other bona fide news medium that in | ||||||
| 2 | the ordinary course of business disseminates news, | ||||||
| 3 | editorial or other comment, or paid advertisements that | ||||||
| 4 | directly urge the passage or defeat of legislation. This | ||||||
| 5 | exemption is not applicable to such an individual insofar | ||||||
| 6 | as he or she receives additional compensation or expenses | ||||||
| 7 | from some source other than the bona fide news medium for | ||||||
| 8 | the purpose of influencing executive, legislative, or | ||||||
| 9 | administrative action. This exemption does not apply to | ||||||
| 10 | newspapers and periodicals owned by or published by trade | ||||||
| 11 | associations and not-for-profit corporations engaged | ||||||
| 12 | primarily in endeavors other than dissemination of news. | ||||||
| 13 | (3) Persons or entities performing professional | ||||||
| 14 | services in drafting bills or in advising and rendering | ||||||
| 15 | opinions to clients as to the construction and effect of | ||||||
| 16 | proposed or pending legislation when those professional | ||||||
| 17 | services are not otherwise, directly or indirectly, | ||||||
| 18 | connected with executive, legislative, or administrative | ||||||
| 19 | action. | ||||||
| 20 | (4) Persons or entities who are employees of | ||||||
| 21 | departments, divisions, or agencies of State government | ||||||
| 22 | and who appear before committees of the House and Senate | ||||||
| 23 | for the purpose of explaining how the passage of or action | ||||||
| 24 | upon any legislation then pending before those committees | ||||||
| 25 | will affect those departments, divisions, or agencies of | ||||||
| 26 | State government. | ||||||
| |||||||
| |||||||
| 1 | (5) Employees of the General Assembly, legislators, | ||||||
| 2 | legislative agencies, and legislative commissions who, in | ||||||
| 3 | the course of their official duties only, engage in | ||||||
| 4 | activities that otherwise qualify as lobbying. | ||||||
| 5 | (6) Persons or entities in possession of technical | ||||||
| 6 | skills and knowledge relevant to certain areas of | ||||||
| 7 | executive, legislative, or administrative actions, whose | ||||||
| 8 | skills and knowledge would be helpful to officials when | ||||||
| 9 | considering those actions, whose activities are limited to | ||||||
| 10 | making occasional appearances for or communicating on | ||||||
| 11 | behalf of a registrant, and who do not make expenditures | ||||||
| 12 | that are reportable pursuant to Section 6 even though | ||||||
| 13 | receiving expense reimbursement for those occasional | ||||||
| 14 | appearances. | ||||||
| 15 | (7) Any full-time employee of a bona fide church or | ||||||
| 16 | religious organization who represents that organization | ||||||
| 17 | solely for the purpose of protecting the right of the | ||||||
| 18 | members thereof to practice the religious doctrines of that | ||||||
| 19 | church or religious organization, or any such bona fide | ||||||
| 20 | church or religious organization. | ||||||
| 21 | (8) Persons or entities that who receive no | ||||||
| 22 | compensation other than reimbursement for expenses of up to | ||||||
| 23 | $500 per year while engaged in lobbying State government, | ||||||
| 24 | unless those persons make expenditures that are reportable | ||||||
| 25 | under Section 6. | ||||||
| 26 | (9) Any attorney or group or firm of attorneys in the | ||||||
| |||||||
| |||||||
| 1 | course of representing a client in any administrative or | ||||||
| 2 | judicial proceeding, or any witness providing testimony in | ||||||
| 3 | any administrative or judicial proceeding, in which ex | ||||||
| 4 | parte communications are not allowed and who does not make | ||||||
| 5 | expenditures that are reportable pursuant to Section 6. | ||||||
| 6 | (9.5) Any attorney or group or firm of attorneys in the | ||||||
| 7 | course of representing a client in an administrative or | ||||||
| 8 | executive action involving a contractual or purchasing | ||||||
| 9 | arrangement and who does not make expenditures that are | ||||||
| 10 | reportable pursuant to Section 6. | ||||||
| 11 | (10) Persons or entities who, in the scope of their | ||||||
| 12 | employment as a vendor, offer or solicit an official for | ||||||
| 13 | the purchase of any goods or services when (1) the | ||||||
| 14 | solicitation is limited to either an oral inquiry or | ||||||
| 15 | written advertisements and informative literature; or (2) | ||||||
| 16 | the goods and services are subject to competitive bidding | ||||||
| 17 | requirements of the Illinois Procurement Code; or (3) the | ||||||
| 18 | goods and services are for sale at a cost not to exceed | ||||||
| 19 | $5,000; and (4) the persons or entities do not make | ||||||
| 20 | expenditures that are reportable under Section 6.
| ||||||
| 21 | (b) It is a violation of this Act to engage in lobbying or | ||||||
| 22 | to employ any
person for the purpose of lobbying who is not | ||||||
| 23 | registered with the Office of the
Secretary of State, except | ||||||
| 24 | upon condition that the person register and the
person does in | ||||||
| 25 | fact register within 2 business days after being employed or | ||||||
| 26 | retained for lobbying services. | ||||||
| |||||||
| |||||||
| 1 | (c) The Secretary shall promulgate a rule establishing a | ||||||
| 2 | list of the entities required to register under this Act, | ||||||
| 3 | including the name of each board, commission, authority, or | ||||||
| 4 | task force. The Secretary may require a person or entity | ||||||
| 5 | claiming an exemption under this Section to certify the person | ||||||
| 6 | or entity is not required to register under this Act. Nothing | ||||||
| 7 | prohibits the Secretary from rejecting a certification and | ||||||
| 8 | requiring a person or entity to register. | ||||||
| 9 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 10 | (25 ILCS 170/3.1) | ||||||
| 11 | Sec. 3.1. Prohibition on serving on boards and commissions.
| ||||||
| 12 | Notwithstanding any other law of this State, on and after | ||||||
| 13 | February 1, 2004,
but not before that date, a person required | ||||||
| 14 | to be registered
under this Act, his or her spouse, and his or | ||||||
| 15 | her immediate family members
living with that person may not
| ||||||
| 16 | serve on a board, commission, authority, or task force | ||||||
| 17 | authorized or created
by State law or by executive order of the | ||||||
| 18 | Governor if the lobbyist is engaged in the same subject area as | ||||||
| 19 | defined in Section 5(c-6) as the board or commission; except | ||||||
| 20 | that this
restriction does not apply to any of the
following:
| ||||||
| 21 | (1) a registered lobbyist, his or her spouse, or any | ||||||
| 22 | immediate family
member living with the registered | ||||||
| 23 | lobbyist, who is serving in an elective
public office, | ||||||
| 24 | whether
elected or appointed to fill a vacancy; and
| ||||||
| 25 | (2) a registered lobbyist, his or her spouse, or any | ||||||
| |||||||
| |||||||
| 1 | immediate family
member living with the registered | ||||||
| 2 | lobbyist, who is serving on a State
advisory body
that | ||||||
| 3 | makes nonbinding recommendations to an agency of State | ||||||
| 4 | government
but does not make binding recommendations or | ||||||
| 5 | determinations or take any
other substantive action.
| ||||||
| 6 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 7 | (25 ILCS 170/4.5) | ||||||
| 8 | Sec. 4.5. Ethics training. Each natural person required to | ||||||
| 9 | register as a lobbyist under this Act must complete a program | ||||||
| 10 | of ethics training provided by the Secretary of State. A | ||||||
| 11 | natural person registered under this Act must complete the | ||||||
| 12 | training program no later than 30 days after registration or | ||||||
| 13 | renewal under this Act during each calendar year the person | ||||||
| 14 | remains registered. If the Secretary of State uses the ethics | ||||||
| 15 | training developed in accordance with Section 5-10 of the State | ||||||
| 16 | Officials and Employees Ethics Act, that training must be | ||||||
| 17 | expanded to include appropriate information about the | ||||||
| 18 | requirements, responsibilities, and opportunities imposed by | ||||||
| 19 | or arising under this Act, including reporting requirements. | ||||||
| 20 | The Secretary of State shall adopt rules for the | ||||||
| 21 | implementation of this Section. | ||||||
| 22 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 23 | (25 ILCS 170/5) | ||||||
| 24 | Sec. 5. Lobbyist registration and disclosure. Every | ||||||
| |||||||
| |||||||
| 1 | natural person and every entity required to
register under this | ||||||
| 2 | Act Section 3 shall
before any service
is performed which | ||||||
| 3 | requires the natural person or entity to register, but in any | ||||||
| 4 | event not
later than 2 business days after being employed or | ||||||
| 5 | retained, and on or before
each
January 31 and July 31 | ||||||
| 6 | thereafter, file in the Office of the
Secretary of State a | ||||||
| 7 | statement in a format prescribed by the Secretary of State | ||||||
| 8 | containing the
following
information
with respect to each | ||||||
| 9 | person or entity
employing or retaining the natural person or | ||||||
| 10 | entity required to register:
| ||||||
| 11 | (a) The registrant's name, permanent address, e-mail
| ||||||
| 12 | address, if any,
fax
number, if any, business telephone | ||||||
| 13 | number, and temporary address, if the
registrant has a | ||||||
| 14 | temporary address while lobbying.
| ||||||
| 15 | (a-5) If the registrant is an organization or business | ||||||
| 16 | entity, the
information required under subsection (a) for | ||||||
| 17 | each natural person associated with the
registrant who will | ||||||
| 18 | be lobbying,
regardless of whether lobbying is a | ||||||
| 19 | significant part of his or her duties.
| ||||||
| 20 | (b) The name and address of the client or clients | ||||||
| 21 | person or persons employing or retaining
the registrant to | ||||||
| 22 | perform such services or on whose behalf the registrant | ||||||
| 23 | appears.
| ||||||
| 24 | (c) A brief description of the executive, legislative, | ||||||
| 25 | or administrative
action in reference to which such service | ||||||
| 26 | is to be rendered.
| ||||||
| |||||||
| |||||||
| 1 | (c-5) Each executive and legislative branch agency the | ||||||
| 2 | registrant
expects
to lobby during the registration | ||||||
| 3 | period.
| ||||||
| 4 | (c-6) The nature of the client's business, by | ||||||
| 5 | indicating all
of the following categories that apply: (1) | ||||||
| 6 | banking and financial services, (2)
manufacturing, (3) | ||||||
| 7 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
| 8 | (7) community interests, (8) labor, (9) public relations or
| ||||||
| 9 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
| 10 | (12) engineering,
(13) information or technology products | ||||||
| 11 | or services, (14) social services,
(15) public utilities, | ||||||
| 12 | (16) racing or wagering, (17) real estate or
construction, | ||||||
| 13 | (18) telecommunications, (19) trade or professional
| ||||||
| 14 | association, (20) travel or tourism, (21) transportation, | ||||||
| 15 | (22) agriculture, and (23) (22) other
(setting forth the | ||||||
| 16 | nature of that other business).
| ||||||
| 17 | Every natural person and every entity required to register | ||||||
| 18 | under this Act shall annually submit the registration required | ||||||
| 19 | by this Section on or before each January 31. The registrant | ||||||
| 20 | has a continuing duty to report any substantial change or | ||||||
| 21 | addition to the information contained in the registration. must | ||||||
| 22 | file an amendment to the statement within 14 calendar
days
to | ||||||
| 23 | report any substantial change or addition to the information | ||||||
| 24 | previously
filed, except that a registrant must file an | ||||||
| 25 | amendment to the statement to
disclose a new agreement to | ||||||
| 26 | retain the registrant for lobbying services
before any service | ||||||
| |||||||
| |||||||
| 1 | is performed which requires the person to register, but in
any | ||||||
| 2 | event not later than 2 business days after entering into the | ||||||
| 3 | retainer
agreement.
| ||||||
| 4 | The Secretary of State shall make all filed statements and | ||||||
| 5 | amendments to statements publicly available by means of a | ||||||
| 6 | searchable database that is accessible through the World Wide | ||||||
| 7 | Web. The Secretary of State shall provide all software | ||||||
| 8 | necessary to comply with this provision to all natural persons | ||||||
| 9 | and entities required to file. The Secretary of State shall | ||||||
| 10 | implement a plan to provide computer access and assistance to | ||||||
| 11 | natural persons and entities required to file electronically. | ||||||
| 12 | All natural persons
and entities required to register under | ||||||
| 13 | this Act shall remit a single, annual, and
nonrefundable $300 | ||||||
| 14 | $1,000 registration fee. Each natural person individual | ||||||
| 15 | required to register
under this Act shall submit, on an annual | ||||||
| 16 | basis, a picture of the registrant. A registrant may, in lieu | ||||||
| 17 | of submitting a
picture on an annual basis, authorize the | ||||||
| 18 | Secretary of State to use any photo
identification available in | ||||||
| 19 | any database maintained by the Secretary of State
for other | ||||||
| 20 | purposes. Each Of each registration fee collected for | ||||||
| 21 | registrations on
or after January 1, 2010 July 1, 2003, $50 | ||||||
| 22 | shall be deposited into the Lobbyist
Registration | ||||||
| 23 | Administration Fund for administration and enforcement
of this
| ||||||
| 24 | Act and is intended to be used to implement and maintain
| ||||||
| 25 | electronic
filing of
reports under this Act, the next
$100 | ||||||
| 26 | shall be deposited into the Lobbyist
Registration | ||||||
| |||||||
| |||||||
| 1 | Administration Fund for administration and enforcement of this
| ||||||
| 2 | Act, and any balance shall be deposited into the General | ||||||
| 3 | Revenue Fund, except that amounts resulting from the fee | ||||||
| 4 | increase of this amendatory Act of the 96th General Assembly | ||||||
| 5 | shall be deposited into the Lobbyist Registration | ||||||
| 6 | Administration Fund to be used for the costs of reviewing and | ||||||
| 7 | investigating violations of this Act.
| ||||||
| 8 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 9 | (25 ILCS 170/6) (from Ch. 63, par. 176) | ||||||
| 10 | Sec. 6. Reports. | ||||||
| 11 | (a) Lobbyist reports. Except as otherwise provided in this | ||||||
| 12 | Section, every lobbyist registered under this Act who is solely | ||||||
| 13 | employed by a lobbying entity
shall file an affirmation, | ||||||
| 14 | verified under
oath pursuant to Section 1-109 of the Code of | ||||||
| 15 | Civil Procedure, with
the
Secretary of
State attesting to the | ||||||
| 16 | accuracy of any reports filed pursuant to subsection (b) as | ||||||
| 17 | those reports pertain to work performed by the lobbyist. Any | ||||||
| 18 | lobbyist registered under this Act who is not solely employed | ||||||
| 19 | by a lobbying entity shall personally file reports required of | ||||||
| 20 | lobbying entities pursuant to subsection (b). A lobbyist may, | ||||||
| 21 | if authorized so to do by a lobbying entity by whom he or she is | ||||||
| 22 | employed or retained, file lobbying entity reports pursuant to | ||||||
| 23 | subsection (b) provided that the lobbying entity may delegate | ||||||
| 24 | the filing of the lobbying entity report to only one lobbyist | ||||||
| 25 | in any reporting period.
| ||||||
| |||||||
| |||||||
| 1 | (b) Lobbying entity reports. Every Except as otherwise | ||||||
| 2 | provided in this Section, every lobbying entity registered | ||||||
| 3 | under this Act shall report expenditures related to lobbying. | ||||||
| 4 | The report shall itemize each individual expenditure or | ||||||
| 5 | transaction
and shall include the name of the official on whose | ||||||
| 6 | behalf the
expenditure
was made, the name of the client if the | ||||||
| 7 | expenditure was made on behalf of a client on whose behalf the | ||||||
| 8 | expenditure was made, if applicable, the
total amount of the | ||||||
| 9 | expenditure, a description of the expenditure, the vendor or | ||||||
| 10 | purveyor to whom the expenditure was made (including the | ||||||
| 11 | address or and location of the expenditure) if the expenditure | ||||||
| 12 | was for an intangible item such as lodging, the date on which | ||||||
| 13 | the expenditure occurred and
the subject matter of the lobbying | ||||||
| 14 | activity, if any.
Each expenditure required to be reported | ||||||
| 15 | shall include all expenses made for or on behalf of an official | ||||||
| 16 | or his or her immediate family member living with the official. | ||||||
| 17 | (b-1) The report shall include any change or addition to | ||||||
| 18 | the client list information, required in Section 5 for | ||||||
| 19 | registration, since the last report, including the names and | ||||||
| 20 | addresses of all clients who retained the lobbying entity | ||||||
| 21 | together with an itemized description for each client of the | ||||||
| 22 | following: (1) lobbying regarding executive action, including | ||||||
| 23 | the name of any executive agency lobbied and the subject | ||||||
| 24 | matter; (2) lobbying regarding legislative action, including | ||||||
| 25 | the General Assembly and any other agencies lobbied and the | ||||||
| 26 | subject matter; and (3) lobbying regarding administrative | ||||||
| |||||||
| |||||||
| 1 | action, including the agency lobbied and the subject matter. | ||||||
| 2 | Registrants who made no reportable expenditures during a | ||||||
| 3 | reporting period shall file a report stating that no | ||||||
| 4 | expenditures were incurred.
| ||||||
| 5 | (b-2) Expenditures attributable to lobbying officials | ||||||
| 6 | shall be listed and reported
according to the following | ||||||
| 7 | categories:
| ||||||
| 8 | (1) travel and lodging on behalf of others, including, | ||||||
| 9 | but not limited to, all travel and living accommodations | ||||||
| 10 | made for or on behalf of State officials during sessions of | ||||||
| 11 | the General Assembly.
| ||||||
| 12 | (2) meals, beverages and other entertainment.
| ||||||
| 13 | (3) gifts (indicating which, if any, are on the basis | ||||||
| 14 | of personal friendship).
| ||||||
| 15 | (4) honoraria.
| ||||||
| 16 | (5) any other thing or service of value not listed | ||||||
| 17 | under categories (1) through (4), setting forth a | ||||||
| 18 | description of the expenditure.
The category travel and | ||||||
| 19 | lodging includes, but is not limited to, all travel and | ||||||
| 20 | living accommodations made for or on behalf of State | ||||||
| 21 | officials in the State capital during sessions of the | ||||||
| 22 | General Assembly.
| ||||||
| 23 | (b-3) Expenditures incurred for hosting receptions, | ||||||
| 24 | benefits and other large
gatherings held for purposes of | ||||||
| 25 | goodwill or otherwise to influence executive,
legislative or | ||||||
| 26 | administrative action to which there are 25 or more State
| ||||||
| |||||||
| |||||||
| 1 | officials invited shall be reported listing only the total | ||||||
| 2 | amount of
the
expenditure, the date of the event, and the | ||||||
| 3 | estimated number of officials in
attendance.
| ||||||
| 4 | (b-5) Each individual expenditure required to be reported | ||||||
| 5 | shall include all
expenses made for or on behalf of State | ||||||
| 6 | officials and their immediate family members.
| ||||||
| 7 | (b-7) Matters excluded from reports. The following items | ||||||
| 8 | need not be included in the report: | ||||||
| 9 | (1) Reasonable and bona fide expenditures made by the | ||||||
| 10 | registrant
who is a member of a legislative or State study | ||||||
| 11 | commission or committee while
attending and participating | ||||||
| 12 | in meetings and hearings of such commission or
committee | ||||||
| 13 | need not be reported.
| ||||||
| 14 | (2) Reasonable and bona fide expenditures made by the | ||||||
| 15 | registrant for personal
sustenance, lodging, travel, | ||||||
| 16 | office expenses and clerical or support staff
need not be | ||||||
| 17 | reported.
| ||||||
| 18 | (3) Salaries, fees, and other compensation paid to
the | ||||||
| 19 | registrant
for the
purposes of lobbying
need not be
| ||||||
| 20 | reported.
| ||||||
| 21 | (4) Any contributions required to be reported under | ||||||
| 22 | Article 9 of the Election
Code need not be reported.
| ||||||
| 23 | (5) Expenditures made by a registrant on behalf of an | ||||||
| 24 | official that are returned or reimbursed prior to the | ||||||
| 25 | deadline for submission of the report. | ||||||
| 26 | A gift or honorarium returned or reimbursed to the | ||||||
| |||||||
| |||||||
| 1 | registrant within 10
days after the official receives a copy of | ||||||
| 2 | a report pursuant to Section 6.5
shall not be included in the | ||||||
| 3 | final report unless the registrant informed the
official, | ||||||
| 4 | contemporaneously with the receipt of the gift or honorarium, | ||||||
| 5 | that
the gift or honorarium is a reportable expenditure | ||||||
| 6 | pursuant to this Act.
| ||||||
| 7 | (c)
A registrant who terminates employment or duties which | ||||||
| 8 | required him to
register under this Act shall give the | ||||||
| 9 | Secretary of State, within 30 days after
the date of such | ||||||
| 10 | termination, written notice of such termination and shall
| ||||||
| 11 | include therewith a report of the expenditures described | ||||||
| 12 | herein, covering the
period of time since the filing of his | ||||||
| 13 | last report to the date of termination
of employment. Such | ||||||
| 14 | notice and report shall be final and relieve such
registrant of | ||||||
| 15 | further reporting under this Act, unless and until he later | ||||||
| 16 | takes
employment or assumes duties requiring him to again | ||||||
| 17 | register under this Act.
| ||||||
| 18 | (d) Failure to file any such report within the time | ||||||
| 19 | designated or the
reporting of incomplete information shall | ||||||
| 20 | constitute a violation of this Act.
| ||||||
| 21 | A registrant shall preserve for a period of 2 years all | ||||||
| 22 | receipts and records
used in preparing reports under this Act.
| ||||||
| 23 | (e) Within 30 days after a filing deadline or as provided | ||||||
| 24 | by rule, the lobbyist shall notify each
official on whose | ||||||
| 25 | behalf an expenditure has been reported. Notification shall
| ||||||
| 26 | include the name of the registrant, the total amount of the | ||||||
| |||||||
| |||||||
| 1 | expenditure, a description of the expenditure, the
date on | ||||||
| 2 | which the expenditure occurred, and the subject matter of the | ||||||
| 3 | lobbying
activity.
| ||||||
| 4 | (f) A report for the period beginning January 1, 2010 and | ||||||
| 5 | ending on June 30, 2010 shall be filed no later than July 15, | ||||||
| 6 | 2010, and a report for the period beginning July 1, 2010 and | ||||||
| 7 | ending on December 31, 2010 shall be filed no later than | ||||||
| 8 | January 15, 2011. Beginning January 1, 2011, reports shall be | ||||||
| 9 | filed semi-monthly as follows: (i) for the period beginning the | ||||||
| 10 | first day of the month through the 15th day of the month, the | ||||||
| 11 | report shall be filed no later than the 20th day of the month | ||||||
| 12 | and (ii) for the period beginning on the 16th day of the month | ||||||
| 13 | through the last day of the month, the report shall be filed no | ||||||
| 14 | later than the 5th day of the following month. Lobbyist and | ||||||
| 15 | lobbying entity reports shall be filed weekly when the General | ||||||
| 16 | Assembly is in session and monthly otherwise, in accordance | ||||||
| 17 | with rules the Secretary of State shall adopt for the | ||||||
| 18 | implementation of this subsection. A report filed under this | ||||||
| 19 | Act is due in the Office of the Secretary of State no later | ||||||
| 20 | than the close of business on the date on which it is required | ||||||
| 21 | to be filed. | ||||||
| 22 | (g) All reports filed under this Act shall be filed in a | ||||||
| 23 | format or on forms prescribed by the Secretary of State.
| ||||||
| 24 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 25 | (25 ILCS 170/6.5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 6.5. Expenditures on behalf of officials Response to | ||||||
| 2 | report by official.
| ||||||
| 3 | (a) A registrant that makes an expenditure on behalf of an | ||||||
| 4 | official must inform the official in writing, | ||||||
| 5 | contemporaneously with receipt of the expenditure, that the | ||||||
| 6 | expenditure is a reportable expenditure pursuant to this Act | ||||||
| 7 | and that the official will be included in the report submitted | ||||||
| 8 | by the registrant in accordance with Section 6. Every person | ||||||
| 9 | required to register as prescribed in Section 3 and
required to | ||||||
| 10 | file a report with the Secretary of State as prescribed in | ||||||
| 11 | Section
6 shall, at least 25 days before filing the report,
| ||||||
| 12 | provide a
copy of the report to each official listed in the | ||||||
| 13 | report by first class mail or
hand delivery. An official may, | ||||||
| 14 | within 10 days after receiving the copy of the
report, provide | ||||||
| 15 | written objections to the report by first class mail or hand
| ||||||
| 16 | delivery to the person required to file the report. If those | ||||||
| 17 | written
objections conflict with the final report that is | ||||||
| 18 | filed, the written objections
shall be filed along with the | ||||||
| 19 | report.
| ||||||
| 20 | (b) Any official disclosed in a report submitted pursuant | ||||||
| 21 | to Section 6 who did not receive the notification of the | ||||||
| 22 | expenditure required by subsection (a) of this Section or who | ||||||
| 23 | has returned or reimbursed the expenditure included in a report | ||||||
| 24 | submitted pursuant to Section 6 may, at any time, contest the | ||||||
| 25 | disclosure of an expenditure by submitting a letter to the | ||||||
| 26 | registrant and the Secretary of State. The Secretary of State | ||||||
| |||||||
| |||||||
| 1 | shall make the letter available to the public in the same | ||||||
| 2 | manner as the report. Failure to provide a copy of the report | ||||||
| 3 | to an official listed in the
report within the time designated | ||||||
| 4 | in this Section is a violation of this
Act.
| ||||||
| 5 | (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| ||||||
| 6 | (25 ILCS 170/7) (from Ch. 63, par. 177) | ||||||
| 7 | Sec. 7. Duties of the Secretary of State.
| ||||||
| 8 | (a) It shall be the duty of the Secretary of State to | ||||||
| 9 | provide appropriate
forms for the registration and reporting of | ||||||
| 10 | information required by this
Act and to keep such registrations | ||||||
| 11 | and reports on file in his office for 3
years from the date of | ||||||
| 12 | filing. He shall also provide and maintain a
register with | ||||||
| 13 | appropriate blanks and indexes so that the information
required | ||||||
| 14 | in Sections 5 and 6 of this Act may be accordingly entered. | ||||||
| 15 | Such
records shall be considered public information and open to | ||||||
| 16 | public
inspection.
| ||||||
| 17 | (b) Within 5 business 10 days after a filing deadline, the | ||||||
| 18 | Secretary of State shall notify
persons he determines are | ||||||
| 19 | required to file but have failed to do so.
| ||||||
| 20 | (c) The Secretary of State shall provide adequate software | ||||||
| 21 | to the persons required to file under this Act, and all | ||||||
| 22 | registrations, reports, statements, and amendments required to | ||||||
| 23 | be filed shall be filed electronically.
The Secretary of
State | ||||||
| 24 | shall promptly make all filed reports publicly available by | ||||||
| 25 | means of a
searchable database that is accessible through the | ||||||
| |||||||
| |||||||
| 1 | World Wide Web. The
Secretary of State shall provide all | ||||||
| 2 | software necessary to comply with this
provision to all persons | ||||||
| 3 | required to file. The Secretary of State shall
implement a plan | ||||||
| 4 | to provide computer access and assistance to persons
required | ||||||
| 5 | to file electronically. | ||||||
| 6 | (d) The Not later than 12 months after the effective date | ||||||
| 7 | of this amendatory Act of
the 93rd General Assembly, the | ||||||
| 8 | Secretary of State shall include registrants'
pictures when | ||||||
| 9 | publishing
or posting on his or her website the information | ||||||
| 10 | required in Section 5.
| ||||||
| 11 | (e) The Secretary of State shall receive and investigate | ||||||
| 12 | allegations of violations of this Act. Any employee of the | ||||||
| 13 | Secretary of State who receives an allegation shall immediately | ||||||
| 14 | transmit it to the Secretary of State Inspector General.
| ||||||
| 15 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 16 | (25 ILCS 170/11) (from Ch. 63, par. 181)
| ||||||
| 17 | Sec. 11. Enforcement.
| ||||||
| 18 | (a) The Secretary of State Inspector General appointed | ||||||
| 19 | under Section 14 of the Secretary of State Act shall initiate | ||||||
| 20 | investigations of violations of this Act upon receipt of | ||||||
| 21 | credible evidence of a violation. If, upon conclusion of an | ||||||
| 22 | investigation, the Inspector General reasonably believes a | ||||||
| 23 | violation of this Act has occurred, the Inspector General shall | ||||||
| 24 | provide the alleged violator with written notification of the | ||||||
| 25 | alleged violation. Within 30 calendar days after receipt of the | ||||||
| |||||||
| |||||||
| 1 | notification, the alleged violator shall submit a written | ||||||
| 2 | response to the Inspector General. The response shall indicate | ||||||
| 3 | whether the alleged violator (i) disputes the alleged | ||||||
| 4 | violation, including any facts that reasonably prove the | ||||||
| 5 | alleged violation did not violate the Act, or (ii) agrees to | ||||||
| 6 | take action to correct the alleged violation within 30 calendar | ||||||
| 7 | days, including a description of the action the alleged | ||||||
| 8 | violator has taken or will take to correct the alleged | ||||||
| 9 | violation. If the alleged violator disputes the alleged | ||||||
| 10 | violation or fails to respond to the notification of the | ||||||
| 11 | alleged violation, the Inspector General shall transmit the | ||||||
| 12 | evidence to the appropriate State's Attorney or Attorney | ||||||
| 13 | General. If the alleged violator agrees to take action to | ||||||
| 14 | correct the alleged violation, the Inspector General shall make | ||||||
| 15 | available to the public the notification from the Inspector | ||||||
| 16 | General and the response from the alleged violator and shall | ||||||
| 17 | not transmit the evidence to the appropriate State's Attorney | ||||||
| 18 | or Attorney General. Nothing in this Act requires the Inspector | ||||||
| 19 | General to notify an alleged violator of an ongoing | ||||||
| 20 | investigation or to notify the alleged violator of a referral | ||||||
| 21 | of any evidence to a law enforcement agency, a State's | ||||||
| 22 | Attorney, or the Attorney General pursuant to subsection (c). | ||||||
| 23 | (b) Any violation of this Act may be prosecuted in the | ||||||
| 24 | county where the offense is committed or in Sangamon County. In | ||||||
| 25 | addition to the State's Attorney of the appropriate county, the | ||||||
| 26 | Attorney General of Illinois also is authorized to prosecute | ||||||
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| 1 | any violation of this Act. | ||||||
| 2 | (c) Notwithstanding any other provision of this Act, the | ||||||
| 3 | Inspector General may at any time refer evidence of a violation | ||||||
| 4 | of State or federal law, in addition to a violation of this | ||||||
| 5 | Act, to the appropriate law enforcement agency, State's | ||||||
| 6 | Attorney, or Attorney General. (a) The Secretary of State | ||||||
| 7 | Inspector General appointed under Section 14 of the Secretary | ||||||
| 8 | of State Act shall initiate investigations of violations of | ||||||
| 9 | this Act upon receipt of an allegation. If the Inspector | ||||||
| 10 | General finds credible evidence of a violation, he or she shall | ||||||
| 11 | make the information available to the public and transmit | ||||||
| 12 | copies of the evidence to the alleged violator. If the violator | ||||||
| 13 | does not correct the violation within 30 days, the Inspector | ||||||
| 14 | General shall transmit the full record of the investigation to | ||||||
| 15 | any appropriate State's Attorney or to the Attorney General.
| ||||||
| 16 | (b) Any violation of this Act may be prosecuted in the | ||||||
| 17 | county where the
offense is committed or in Sangamon County. In | ||||||
| 18 | addition to the State's
Attorney of the appropriate county, the | ||||||
| 19 | Attorney General of Illinois also
is authorized to prosecute | ||||||
| 20 | any violation of this Act.
| ||||||
| 21 | (Source: P.A. 96-555, eff. 1-1-10.)
| ||||||
| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law.
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