SB1822sam001 94TH GENERAL ASSEMBLY

Sen. Carol Ronen

Filed: 5/18/2005

09400SB1822sam001 LRB094 11439 JAM 46728 a

AMENDMENT TO SENATE BILL 1822

AMENDMENT NO. ______. Amend Senate Bill 1822 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Governmental Ethics Act is amended by changing Sections 4A-102, 4A-103, 4A-104, and 4A-106 and by adding Section 4A-100 as follows:

(5 ILCS 420/4A-100 new)

Sec. 4A-100. Definitions. As used in this Article:

(a) "Immediate family member" means a father, mother, son, daughter, brother, sister, uncle, aunt, husband, wife, father-in-law, or mother-in-law of the reporting individual.

(b) "Income" means income derived from any source, including but not limited to the following: (i) compensation for services, including fees, commissions, and similar items; (ii) gross income derived from business (and net income if the person elects to include it); (iii) gains received from dealings in property; (iv) interest; (v) rents; (vi) royalties; (vii) dividends; (viii) annuities; (ix) income from life insurance and endowment contracts; (x) pensions; (xi) income from discharge of indebtedness; (xii) distributive share of partnership income; and (xiii) income from an interest in an estate or trust. "Income" does not include campaign receipts reported on financial disclosure reports filed with the State Board of Elections.

(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. The interest (if constructively controlled by the person making the statement) of a spouse or any other immediate family member 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 source, type, and amount or value of income (other than income described in subparagraph (2)) from any source other than from current employment by the unit of government for which the statement is required to be filed.

(2) The source and type of income that consists of income from dividends, rents, interest, trusts, and capital gains received during the preceding calendar year that exceeds $200 in amount or value, and an indication of which of the following categories the amount or value of the item of income is within: (i) not more than $1,000, (ii) greater than $1,000 but not more than $2,500, (iii) greater than $2,500 but not more than $5,000, (iv) greater than $5,000 but not more than $15,000, (v) greater than $15,000 but not more than $50,000, (vi) greater than $50,000 but not more than $100,000, (vii) greater than $100,000 but not more than $1,000,000, (viii) greater than $1,000,000 but not more than $5,000,000, or (ix) greater than $5,000,000.

(3) The source, date, and amount of payments made to charitable organizations in lieu of honoraria with a corresponding list of recipients of all the payments, together with the dates and amounts of the payments.

(4) The identity and category of value of any interest in property held during the preceding calendar year in a trade or business or for investment or production of income, if the property has a fair market value in excess of $1,000 at the close of the preceding calendar year. This item does not include any personal liability owed (i) to the person filing the statement by an immediate family member or (ii) to the spouse of the person filing the statement. This item also does not include deposits aggregating $5,000 or less in a personal savings account, including certificates of deposit and any other form of deposit in a bank, savings and loan association, credit union, or similar financial institution.

(5) The identity and category of value of the total liabilities in excess of $5,000 owed at any time during the preceding calendar year to any creditor other than (i) an immediate family member of the person filing the statement or (ii) an immediate family member of the spouse of the person filing the statement. This item does not include:

(A) Any mortgage secured by real property that is a personal residence of the person filing the statement.

(B) Any loan secured by a personal motor vehicle, household furniture, appliances, or other similar effect if the loan does not exceed the purchase price of the item or items that secure it.

With regard to revolving charge accounts, the person filing the statement need report only those outstanding liabilities in excess of $10,000 at the close of the preceding calendar year.

(6) A brief description, the date, and the category of value of any purchase, sale, or exchange in excess of $1,000 during the preceding calendar year of (i) real property other than real property used solely for a personal residence of the person filing the statement or his or her spouse or (ii) stocks, bonds, commodity futures, and other forms of securities. This item does not apply to transactions solely by and between the person filing the statement, his or her spouse, and his or her dependent children.

(7) The identity of all positions held during the preceding calendar year as an officer, director, trustee, partner, proprietor, representative, employee, or consultant of any corporation, company, firm, partnership, other business enterprise, non-profit organization, labor organization, or educational or other institution of the State, a unit of local government, a school district, or the United States. This item does not apply to positions in religious, social, fraternal, or political organizations or positions of a solely honorary nature.

(8) The date of, the parties to, and a description of the terms of any agreement or arrangement with respect to (i) future employment; (ii) a leave of absence from the unit of government in relation to which the person is required to file the statement; (iii) contributions or payments by a former employer other than the unit of government in relation to which the person is required to file the statement; and (iv) continuing participation in an employee welfare or benefit plan with a former employer.

(9) The source, date, and amount of honoraria aggregating $200 or more during the preceding calendar year.

(10) The source, date, and amount or value of any gift or gifts valued singularly or in the aggregate in excess of $500 during the preceding calendar year to the person filing the statement or an immediate family member of the person filing the statement if the gift is from a prohibited source as defined by the State Officials and Employees Ethics Act and is within any of the following captioned items listed in Section 10-15 of that Act, regardless of whether the person filing the statement is otherwise subject to the State Officials and Employees Ethics Act: educational materials and missions; and travel expenses for a meeting to discuss State business.

A gift that is listed under a different item of interest in this subsection need not be listed as a gift.

(11) Any contributions to any political committee organized under the Election Code made since the end of the preceding disclosure period under Section 9-10 of the Election Code and the date the person files the statement of economic interests, including the amount of the contribution, the date, and the recipient.

(12) Any contribution made to a legal defense fund since the filing of the last previous statement of economic interests or, if the person is filing his or her first statement of economic interests, in the 12 months preceding the filing date.

(13) The name of any immediate family member who is registered as a lobbyist with any state or federal agency or office.

(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.

(14) (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) and item (l) 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 or personal relationship 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 (g), (h), and (i) of Section 4A-101:

(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.

(2) (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.

(Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)

(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 shall be filled in by typewriting or hand printing, shall be verified, dated, and signed by the person making the statement, and shall be made on a form prescribed by the Secretary of State that shall substantially replicate the design of the 2002 Public Financial Disclosure Report forms employed by the United States Congress for purposes of complying with the Ethics in Government Act of 1978. and shall contain substantially the following:

STATEMENT OF ECONOMIC INTEREST

(TYPE OR HAND PRINT) ............................................................. (name) ...................................................... (each office or position of employment for which this statement is filed) ............................................................. (full post office address to which notification of an examination of this statement should be sent) 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.

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.

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.

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.

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. 92-101, eff. 1-1-02.)

(5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)

Sec. 4A-104. The statement of economic interests required by this Article to be filed with the 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 be made on a form prescribed by the Secretary of State that shall substantially replicate the design of the 2002 Public Financial Disclosure Report forms employed by the United States Congress for purposes of complying with the Ethics in Government Act of 1978. contain substantially the following:

STATEMENT OF ECONOMIC INTERESTS

(TYPE OR HAND PRINT) ............................................................. (Name) ...................................................... (each office or position of employment for which this statement is filed) ................................................... (full post office address to which notification of an examination of this statement should be sent) 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 with a unit of local government in relation to which the person is required to file, 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 received 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 shall be listed.

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.

3. List the nature of professional services rendered (other than to the unit or units of local government in relation to which the person is required to file) 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 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 $1200 were received by the person filing from the entity during the preceding calendar year. ............................................................. ............................................................ ............................................................

6. List the name of any entity doing business with a unit of local government in relation to which the person is required to file 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. No time or demand deposit in a financial institution nor any debt instrument need be listed. ............................................................. ............................................................

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. 92-101, eff. 1-1-02.)

(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)

Sec. 4A-106. The statements of economic interests required of persons listed in items (a) through (f), item (j), and item (l) of Section 4A-101 shall be filed with the Secretary of State. The statements of economic interests required of persons listed in items (g), (h), (i), and (k) of Section 4A-101 shall be filed with the county clerk of the county in which the principal office of the unit of local government with which the person is associated is located. If it is not apparent which county the principal office of a unit of local government is located, the chief administrative officer, or his or her designee, has the authority, for purposes of this Act, to determine the county in which the principal office is located. On or before February 1 annually, (1) the chief administrative officer of any State agency in the executive, legislative, or judicial branch employing persons required to file under item (f) or item (l) of Section 4A-101 shall certify to the Secretary of State the names and mailing addresses of those persons, and (2) the chief administrative officer, or his or her designee, of each unit of local government with persons described in items (h), (i) and (k) of Section 4A-101 shall certify to the appropriate county clerk a list of names and addresses of persons described in items (h), (i) and (k) of Section 4A-101 that are required to file. In preparing the lists, each chief administrative officer, or his or her designee, shall set out the names in alphabetical order.

On or before April 1 annually, the Secretary of State shall notify (1) all persons whose names have been certified to him under items (f) and (l) of Section 4A-101, and (2) all persons described in items (a) through (e) and item (j) of Section 4A-101, other than candidates for office who have filed their statements with their nominating petitions, of the requirements for filing statements of economic interests. A person required to file with the Secretary of State by virtue of more than one item among items (a) through (f) and items (j) and (l) shall be notified of and is required to file only one statement of economic interests relating to all items under which the person is required to file with the Secretary of State.

On or before April 1 annually, the county clerk of each county shall notify all persons whose names have been certified to him under items (g), (h), (i), and (k) of Section 4A-101, other than candidates for office who have filed their statements with their nominating petitions, of the requirements for filing statements of economic interests. A person required to file with a county clerk by virtue of more than one item among items (g), (h), (i), and (k) shall be notified of and is required to file only one statement of economic interests relating to all items under which the person is required to file with that county clerk.

Except as provided in Section 4A-106.1, the notices provided for in this Section shall be in writing and deposited in the U.S. Mail, properly addressed, first class postage prepaid, on or before the day required by this Section for the sending of the notice. A certificate executed by the Secretary of State or county clerk attesting that he has mailed the notice constitutes prima facie evidence thereof.

From the lists certified to him under this Section of persons described in items (g), (h), (i), and (k) of Section 4A-101, the clerk of each county shall compile an alphabetical listing of persons required to file statements of economic interests in his office under any of those items. As the statements are filed in his office, the county clerk shall cause the fact of that filing to be indicated on the alphabetical listing of persons who are required to file statements. Within 30 days after the due dates, the county clerk shall mail to the State Board of Elections a true copy of that listing showing those who have filed statements.

The county clerk of each county shall note upon the alphabetical listing the names of all persons required to file a statement of economic interests who failed to file a statement on or before May 1. It shall be the duty of the several county clerks to give notice as provided in Section 4A-105 to any person who has failed to file his or her statement with the clerk on or before May 1.

Any person who files or has filed a statement of economic interest under this Act is entitled to receive from the Secretary of State or county clerk, as the case may be, a receipt indicating that the person has filed such a statement, the date of such filing, and the identity of the governmental unit or units in relation to which the filing is required.

The Secretary of State may employ such employees and consultants as he considers necessary to carry out his duties hereunder, and may prescribe their duties, fix their compensation, and provide for reimbursement of their expenses.

All statements of economic interests filed under this Section shall be available for examination and copying by the public at all reasonable times. Not later than 12 months after the effective date of this amendatory Act of the 93rd General Assembly, beginning with statements filed in calendar year 2004, the Secretary of State shall make statements of economic interests filed with the Secretary available for inspection and copying via the Secretary's website. Each person examining a statement filed with the county clerk must first fill out a form prepared by the Secretary of State identifying the examiner by name, occupation, address and telephone number, and listing the date of examination and reason for such examination. The Secretary of State shall supply such forms to the county clerks annually and replenish such forms upon request.

The county clerk shall promptly notify each person required to file a statement under this Article of each instance of an examination of his statement by sending him a duplicate original of the identification form filled out by the person examining his statement.

(Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)

Section 10. The State Officials and Employees Ethics Act is amended by changing Sections 20-15 and 50-5 and by adding Sections 5-47 and 5-60 as follows:

(5 ILCS 430/5-47 new)

Sec. 5-47. Lobbying; revolving door.

(a) No executive branch State employee may accept compensation or other employment as a lobbyist representing clients before any State agency for which the employee worked for one year from the date the employee left that agency.

(b) No employee of the General Assembly may accept compensation or other employment as a lobbyist representing clients before the General Assembly for one year from the date the employee left the General Assembly.

(5 ILCS 430/5-60 new)

Sec. 5-60. Conflicts of interest.

(a) It is unlawful and a violation of this Act for any officer, member, or State employee, including his or her spouse or any immediate family member, to earn income from lobbying or receive compensation from any entity that lobbies the General Assembly, any executive branch constitutional office or agency, or any State regulatory board.

(b) It is unlawful and a violation of this Act for any officer, member, or State employee, including his or her spouse or any immediate family member, to serve on a State board or commission for which he or she receives compensation that is in addition to any reimbursement of expenses or per diem allowance.

(c) It is unlawful and a violation of this Act for any officer, member, or State employee to vote or make an official decision if the person, including his or her spouse or any immediate family member, has a direct pecuniary interest in the vote or decision.

(d) It is unlawful for an officer of any State political committee, as defined in the Election Code, to have an interest in any distributable income from a contract paid by State funds, to earn income from lobbying or receive compensation from any entity that lobbies the General Assembly, any executive branch constitutional office or agency, or any State regulatory board, or to participate in or have a pecuniary interest in decisions regarding grants or investments involving State funds.

(e) For purposes of this Section, a "State regulatory board" means any State board, commission, or authority authorized or created by State law that primarily exercises regulatory or licensing authority over Illinois industries or professional occupations, including the following entities:

(1) The Illinois Commerce Commission.

(2) The Comprehensive Health Insurance Plan.

(3) The Dentistry Board.

(4) The Gaming Board.

(5) The Racing Board.

(6) The Health Facilities Planning Board.

(7) The Hospital Licensing Board.

(8) The Illinois Liquor Control Commission.

(9) The Lottery Control Board.

(10) The Medical Licensing Board.

(11) The State Mining Board.

(12) The State Board of Pharmacy.

(13) The Pollution Control Board.

(14) The Real Estate Administration and Disciplinary Board.

(f) For purposes of this Section, a State regulatory board does not include any State board, commission, or authority authorized or created by State law that primarily exercises adjudicatory authority over Illinois interests or is an entity that does not make binding recommendations or determinations. Nothing in this Section shall serve to prohibit a licensed attorney from providing legal representation to a client in any pending matter before an executive branch constitutional office or agency or before a State board or commission.

(g) For the purpose of this Section, "immediate family member" is defined as in Section 4A-100 of the Illinois Governmental Ethics Act.

(5 ILCS 430/20-15)

Sec. 20-15. Duties of the Executive Ethics Commission. In addition to duties otherwise assigned by law, the Executive 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 Executive Inspectors General. It is declared to be in the public interest, safety, and welfare that the Commission adopt emergency rules under the Illinois Administrative Procedure Act to initially perform its duties under this subsection.

(2) To conduct administrative hearings and rule on matters brought before the Commission only upon the receipt of pleadings filed by an Executive Inspector General and not upon its own prerogative, but may appoint special Executive Inspectors General as provided in Section 20-21. Any other allegations of misconduct received by the Commission from a person other than an Executive Inspector General shall be referred to the Office of the appropriate Executive 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 and the Lobbyist Registration Act. The powers and duties of the Commission are limited to matters clearly within the purview of this Act and the Lobbyist Registration 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 Executive Inspectors General as provided in Section 20-21.

(Source: P.A. 93-617, eff. 12-9-03.)

(5 ILCS 430/50-5)

Sec. 50-5. Penalties.

(a) A person is guilty of a Class A misdemeanor if that person intentionally violates any provision of Section 5-15, 5-30, 5-40, or 5-45, 5-47, 5-60 or Article 15.

(b) A person who intentionally violates any provision of Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business offense subject to a fine of at least $1,001 and up to $5,000.

(c) A person who intentionally violates any provision of Article 10 is guilty of a business offense and subject to a fine of at least $1,001 and up to $5,000.

(d) Any person who intentionally makes a false report alleging a violation of any provision of this Act to an ethics commission, an inspector general, the State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor.

(e) An ethics commission may levy an administrative fine of up to $5,000 against any person who violates this Act, who intentionally obstructs or interferes with an investigation conducted under this Act by an inspector general, or who intentionally makes a false, frivolous, or bad faith allegation.

(f) In addition to any other penalty that may apply, whether criminal or civil, a State employee who intentionally violates any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, or 5-50, Article 10, Article 15, or Section 20-90 or 25-90 is subject to discipline or discharge by the appropriate ultimate jurisdictional authority.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

Section 15. The Election Code is amended by changing Section 9-10 and by adding Article heading 9A, Sections 9A-5, 9A-10, 9A-15, 9A-20, 9A-25, and 9A-30, Article heading 12A, and Sections 12A-2, 12A-5, 12A-10, 12A-15, 12A-20, 12A-25, 12A-30, 12A-35, 12A-40, 12A-45, 12A-50, and 12A-55 as follows:

(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)

Sec. 9-10. Financial reports.

(a) The treasurer of every state political committee and the treasurer of every local political committee shall file with the Board, and the treasurer of every local political committee shall file with the county clerk, reports of campaign contributions, and quarterly semi-annual reports of campaign contributions and expenditures on forms to be prescribed or approved by the Board. The treasurer of every political committee that acts as both a state political committee and a local political committee shall file a copy of each report with the State Board of Elections and the county clerk. Entities subject to Section 9-7.5 shall file reports required by that Section at times provided in this Section and are subject to the penalties provided in this Section.

(b) Reports of campaign contributions shall be filed no later than the 15th day next preceding each election including a primary election in connection with which the political committee has accepted or is accepting contributions or has made or is making expenditures. Such reports shall be complete as of the 30th day next preceding each election including a primary election. The Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. However, a continuing political committee that neither accepts contributions nor makes expenditures on behalf of or in opposition to any candidate or public question on the ballot at an election shall not be required to file the reports heretofore prescribed but may file in lieu thereof a Statement of Nonparticipation in the Election with the Board or the Board and the county clerk.

(b-5) Notwithstanding the provisions of subsection (b) and Section 1.25 of the Statute on Statutes, any contribution of more than $500 received in the interim between the last date of the period covered by the last report filed under subsection (b) prior to the election and the date of the election shall be filed with and must actually be received by the State Board of Elections within 2 business days after receipt of such contribution. The State Board shall allow filings of reports of contributions of more than $500 under this subsection (b-5) by political committees that are not required to file electronically to be made by facsimile transmission. For the purpose of this subsection, a contribution is considered received on the date the public official, candidate, or political committee (or equivalent person in the case of a reporting entity other than a political committee) actually receives it or, in the case of goods or services, 2 business days after the date the public official, candidate, committee, or other reporting entity receives the certification required under subsection (b) of Section 9-6. Failure to report each contribution is a separate violation of this subsection. In the final disposition of any matter by the Board on or after the effective date of this amendatory Act of the 93rd General Assembly, the Board may impose fines for violations of this subsection not to exceed 100% of the total amount of the contributions that were untimely reported, but in no case when a fine is imposed shall it be less than 10% of the total amount of the contributions that were untimely reported. When considering the amount of the fine to be imposed, the Board shall consider, but is not limited to, the following factors:

(1) whether in the Board's opinion the violation was committed inadvertently, negligently, knowingly, or intentionally;

(2) the number of days the contribution was reported late; and

(3) past violations of Sections 9-3 and 9-10 of this Article by the committee.

(c) In addition to such reports the treasurer of every political committee shall file quarterly semi-annual reports of campaign contributions and expenditures no later than April 30, covering the period from January 1 through March 31 immediately preceding; no later than July 31 31st, covering the period from April 1 January 1st through June 30 30th immediately preceding; no later than October 31, covering the period from July 1 through September 30 immediately preceding; , and no later than January 31 31st, covering the period from October 1 July 1st through December 31 31st of the preceding calendar year. Reports of contributions and expenditures must be filed to cover the prescribed time periods even though no contributions or expenditures may have been received or made during the period. The Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.

(c-5) A political committee that acts as either (i) a State and local political committee or (ii) a local political committee and that files reports electronically under Section 9-28 is not required to file copies of the reports with the appropriate county clerk if the county clerk has a system that permits access to, and duplication of, reports that are filed with the State Board of Elections. A State and local political committee or a local political committee shall file with the county clerk a copy of its statement of organization pursuant to Section 9-3.

(d) A copy of each report or statement filed under this Article shall be preserved by the person filing it for a period of two years from the date of filing.

(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; revised 12-17-03.)

(10 ILCS 5/Art. 9A heading new)

ARTICLE 9A.

CAMPAIGN CONTRIBUTION PROHIBITIONS AND LIMITS

(10 ILCS 5/9A-5 new)

Sec. 9A-5. Definitions. As used in this Article:

(1) "Election" means:

(A) "Election", "regular election", "special election", and "general election" as those terms are defined in Section 1-3, but only as applied to elections for executive branch constitutional officers and members of the General Assembly.

(B) A convention or caucus of a political party that has authority to nominate a candidate.

(2) "Candidate" means any person who seeks nomination for election, election to, or retention in public office as an executive branch constitutional officer or as a member of the General Assembly, whether or not the person is elected. A person seeks nomination for election, election, or retention if he or she (i) takes the action necessary under the laws of this State to attempt to qualify for nomination for election to, election to, or retention in public office as an executive branch constitutional officer or as a member of the General Assembly or (ii) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination for election to, election to, or retention in public office as an executive branch constitutional officer or as a member of the General Assembly.

(3) "Political committee" means any of the following:

(A) Any committee, club, association, or other group of persons that receives contributions aggregating in excess of $1,000 during a calendar year or that makes expenditures aggregating in excess of $1,000 during a calendar year.

(B) Any separate segregated fund established under the provisions of this Article by a labor union or corporation.

(C) Any local committee of a political party that receives contributions aggregating in excess of $5,000 during a calendar year, makes payments exempted from the definition of contribution or expenditure aggregating in excess of $5,000 during a calendar year, makes contributions aggregating in excess of $1,000 during a calendar year, or makes expenditures aggregating in excess of $1,000 during a calendar year.

(4) "Principal campaign committee" means a political committee designated and authorized by a candidate under Section 9A-15.

(5) "Authorized committee" means the principal campaign committee or any other political committee authorized by a candidate under Section 9A-15 to receive contributions or make expenditures on behalf of the candidate.

(6) "Connected organization" means any organization that is not a political committee but that directly or indirectly establishes, administers, or financially supports a political committee.

(7) Contribution.

(A) "Contribution" includes:

(i) Any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for executive branch constitutional office.

(ii) The payment by any person of compensation for the personal services of another person that are rendered to a political committee without charge for any purpose.

(iii) A transfer of funds between political committees for any purpose.

(B) "Contribution" does not include:

(i) The value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee.

(ii) The use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual's residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of the invitations, food, and beverages provided by the individual on behalf of any single candidate does not exceed $2,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $5,000 in any calendar year.

(iii) The sale of any food or beverage by a vendor for use in any candidate's campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if the charge is at least equal to the cost of the food or beverage to the vendor, to the extent that the cumulative value of the activity by the vendor on behalf of any single candidate does not exceed $2,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $5,000 in any calendar year.

(iv) Any unreimbursed payment for travel expenses made by any individual volunteering personal services on behalf of any candidate or any political committee of a political party.

(8) Expenditure.

(A) "Expenditure" includes:

(i) Any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made by any person for the purpose of influencing any election of a State executive branch constitutional officer or member of the General Assembly.

(ii) A written contract, promise, or agreement to make an expenditure.

(B) "Expenditure" does not include:

(i) Any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless the facilities are owned or controlled by any political party, political committee, or candidate.

(ii) Nonpartisan activity designed to encourage individuals to vote or to register to vote.

(iii) The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate-related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period.

(iv) The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if the charge for use in a candidate's campaign is at least equal to the cost of the food or beverage to the vendor.

(9) "Board" means the Illinois State Board of Elections.

(10) "Person" includes an individual, trust, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.

(11) "Identification" means:

(A) In the case of any individual, the name, the mailing address, and the occupation of the individual, as well as the name of his or her employer.

(B) In the case of any other person, the full name and address of the person.

(12) "State committee" means the organization that, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of the political party at the State level, as determined by the Board.

(13) "Political party" means an association, committee, or organization that nominates a candidate for election to any public office whose name appears on the election ballot as the candidate of that association, committee, or organization.

(14) "Independent expenditure" means an expenditure by a person:

(A) Expressly advocating the election or defeat of a clearly identified candidate; and

(B) That is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate's authorized political committee, agents, a political party committee, or agents thereof.

(15) "Clearly identified" means that:

(A) The name of the candidate involved appears;

(B) A photograph or drawing of the candidate appears; or

(C) The identity of the candidate is apparent by unambiguous reference.

(16) "Election cycle" means the period beginning on the day after the date of the most recent election for the specific office or seat that a candidate is seeking and ending on the date of the next election for that office or seat. For purposes of this paragraph, a general primary election and a general election shall be considered to be separate elections.

(17) "Personal funds" means an amount that is derived from:

(A) Any asset that, under applicable State law, at the time the individual became a candidate, the candidate had legal right of access to or control over, and with respect to which the candidate had:

(i) Legal and rightful title; or

(ii) An equitable interest.

(B) Income received during the current election cycle by the candidate, including:

(i) A salary and other earned income from bona fide employment.

(ii) Dividends and proceeds from the sale of the candidate's stocks or other investments.

(iii) Bequests to the candidate.

(iv) Income from trusts established before the beginning of the election cycle.

(v) Income from trusts established by bequest after the beginning of the election cycle of which the candidate is the beneficiary.

(vi) Gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle.

(vii) Proceeds from lotteries and similar legal games of chance.

(C) A portion of assets that are jointly owned by the candidate and the candidate's spouse equal to the candidate's share of the asset under the instrument of conveyance or ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of one-half of the property.

(10 ILCS 5/9A-10 new)

Sec. 9A-10. Designated political committees.

(a) Designation of committee.

(1) Each candidate shall designate in writing a political committee in accordance with paragraph (3) to serve as the principal campaign committee of the candidate. The designation shall be made no later than 15 days after becoming a candidate. A candidate may designate additional political committees in accordance with paragraph (3) to serve as authorized committees of the candidate. The designation shall be in writing and filed with the principal campaign committee of the candidate.

(2) Any candidate described in paragraph (1) who receives a contribution, or any loan for use in connection with the campaign of the candidate for election, or makes a disbursement in connection with the campaign shall be considered, for purposes of this Article, as having received the contribution or loan, or as having made the disbursement, as the case may be, as an agent of the authorized committee or committees of the candidate.

(3) Multicandidate committee.

(A) No political committee that supports or has supported more than one candidate may be designated as an authorized committee, except that:

(i) A candidate for statewide elected office nominated by a political party may designate the State committee of the political party as a principal campaign committee, but only if that State committee maintains separate books of account with respect to its function as a principal campaign committee.

(ii) Candidates may designate a political committee established solely for the purpose of joint fundraising by the candidates as an authorized committee.

(4) The name of each authorized committee shall include the name of the candidate who authorized the committee under paragraph (1). In the case of any political committee that is not an authorized committee, the political committee shall not include the name of any candidate in its name.

(5) The name of any separate segregated fund established shall include the name of its connected organization.

(b) Filings.

(1) Notwithstanding any other provision of this Article, each designation, statement, or report of receipts or disbursements made by an authorized committee of a candidate shall be filed with the candidate's principal campaign committee.

(2) Each principal campaign committee shall receive all designations, statements, and reports required to be filed with it under paragraph (1) and shall compile and file those designations, statements, and reports in accordance with this Article.

(c) All designations, statements, and reports required to be filed under this Article shall be filed with the Board. The Board shall make the designations, statements, and reports received under this subsection available for public inspection and copying and shall preserve the designations, statements, and reports.

(d) Each political committee shall designate one or more State banks, federally chartered depository institutions, or depository institutions the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration as its campaign depository or depositories. Each political committee shall maintain at least one checking account and other accounts as the committee determines at a depository designated by the committee. All receipts received by the committee shall be deposited in the accounts. No disbursements may be made (other than petty cash disbursements in this subsection) by the committee except by check drawn on the accounts in accordance with this Section.

A political committee may maintain a petty cash fund for disbursements not in excess of $100 to any person in connection with a single purchase or transaction. A record of all petty cash disbursements shall be maintained in accordance with Article 9.

(e) When the treasurer of a political committee shows that best efforts have been used to obtain, maintain, and submit the information required by this Article for the political committee, any report or any records of the committee shall be considered in compliance with this Article.

(10 ILCS 5/9A-15 new)

Sec. 9A-15. Limitations on contributions and expenditures.

(a) Limits.

(1) Except as provided in subsection (c), no person other than a multicandidate political committee shall make contributions:

(A) To any candidate and his or her authorized political committees with respect to any election for State office that, in the aggregate, exceed $2,000.

(B) To the political committees established and maintained by a State political party, that are not the authorized political committees of any candidate, in any election that, in the aggregate, exceed $5,000.

(C) To any other political committee in any election that, in the aggregate, exceed $5,000.

(2) No multicandidate political committee shall make contributions:

(A) To any candidate and his or her authorized political committees with respect to any election for State office that, in the aggregate, exceed $5,000.

(B) To the political committees established and maintained by a State political party, that are not the authorized political committees of any candidate, in any election, that, in the aggregate, exceed $5,000.

(C) To any other political committee in any election that, in the aggregate, exceed $5,000.

(3) During the period that begins on January 1 of an odd-numbered year and ends on December 31 of the next even-numbered year, no individual may make contributions aggregating more than $40,000, in the case of contributions to candidates and the authorized committees of candidates.

(4) For purposes of paragraph (2), the term "multicandidate political committee" means a political committee that has been registered for a period of not less than 6 months, that has received contributions from more than 50 persons, and that has made contributions to 5 or more candidates for public office. The State political parties shall be considered "multicandidate political committees" for the purposes of paragraph (2).

(5) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established, financed, maintained, or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that:

(A) Nothing in this sentence shall limit transfers between political committees of funds raised through joint fund raising efforts.

(B) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by a single political committee established, financed, maintained, or controlled by a national committee of a political party and by a single political committee established, financed, maintained, or controlled by the State committee of a political party shall not be considered to have been made by a single political committee.

(C) Nothing in this Section shall limit the transfer of funds between the principal campaign committee of a candidate seeking nomination or election to one State office and the principal campaign committee of that candidate for nomination or election to another State office if:

(i) The transfer is not made when the candidate is actively seeking nomination or election to both offices.

(ii) The limitations contained in this Article on contributions by persons are not exceeded by the transfer.

In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish, finance, maintain, or control more than one separate segregated fund, all the separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by paragraph (1) and paragraph (2).

(6) For the purposes of the limitations provided by paragraph (1) and paragraph (2), a candidate's authorized political committee and any committee directly or indirectly established, financed, maintained, or controlled by that candidate shall be considered to be a single political committee.

(7) The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election.

(8) For purposes of this subsection:

(A) Contributions to a named candidate made to any political committee authorized by the candidate to accept contributions on his or her behalf shall be considered to be contributions made to the candidate.

(B) Expenditures.

(i) Expenditures made by any person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, his or her authorized political committees, or their agents, shall be considered to be a contribution to the candidate.

(ii) Expenditures made by any person (other than a candidate or candidate's authorized committee) in cooperation, consultation, or concert with, or at the request or suggestion of, a national, State, or local committee of a political party, shall be considered to be contributions made to the party committee.

(iii) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph.

(C) If any person makes or contracts to make any disbursement for any electioneering communication and if the disbursement is coordinated with a candidate or an authorized committee of the candidate, a Federal, State, or local political party or committee thereof, or an agent or official of the candidate, party, or committee, then the disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate's party and as an expenditure by that candidate or that candidate's party.

(9) For purposes of the limitations imposed by this Section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate, shall be treated as contributions from the person to the candidate. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the Board and to the intended recipient.

(b) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this Section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate or knowingly make any expenditure on behalf of a candidate in violation of any limitation imposed on contributions and expenditures under this Section.

(c) Personal funds.

(1) Increase.

(A) Subject to paragraph (2), if the opposition personal funds amount with respect to a candidate for election to executive branch constitutional office or the General Assembly exceeds the threshold amount, the limit under subsection (a)(1)(A) (in this subsection referred to as the "applicable limit") with respect to that candidate shall be the increased limit.

(B) Threshold amount.

(i) In this subsection, the threshold amount with respect to an election cycle of a candidate described in subparagraph (A) is an amount equal to the sum of:

(I) $150,000; and

(II) $0.04 multiplied by the voting age population.

(ii) In this subparagraph, the term "voting age population" means that certified under 2 USCS 441a Section (e) for the State of Illinois and published in the Federal Register.

(C) Except as provided in clause (ii), for purposes of subparagraph (A), if the opposition personal funds amount is over:

(i) 2 times the threshold amount, but not over 4 times that amount, then the increased limit shall be 3 times the applicable limit.

(ii) 4 times the threshold amount, but not over 10 times that amount, then the increased limit shall be 6 times the applicable limit.

(iii) 10 times the threshold amount, then the increased limit shall be 6 times the applicable limit.

(D) The opposition personal funds amount is an amount equal to the excess (if any) of:

(i) The greatest aggregate amount of expenditures from personal funds that an opposing candidate in the same election makes; over

(ii) The aggregate amount of expenditures from personal funds made by the candidate with respect to the election.

(E) Candidate's campaign funds.

(i) For purposes of determining the aggregate amount of expenditures from personal funds under subparagraph (D)(ii), the amount shall include the gross receipts advantage of the candidate's authorized committee.

(ii) For purposes of clause (i), the term "gross receipts advantage" means the excess, if any, of:

(I) The aggregate amount of 50% of gross receipts of a candidate's authorized committee during any election cycle (not including contributions from personal funds of the candidate) that may be expended in connection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held, over

(II) The aggregate amount of 50% of gross receipts of the opposing candidate's authorized committee during any election cycle (not including contributions from personal funds of the candidate) that may be expended in connection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held.

(2) Time to accept contributions under increased limit.

(A) Subject to subparagraph (B), a candidate and the candidate's authorized committee shall not accept any contribution, and a party committee shall not make any expenditure, under the increased limit under paragraph (1):

(i) Until the candidate has received notification of the opposition personal funds amount; and

(ii) To the extent that the contribution, when added to the aggregate amount of contributions previously accepted and party expenditures previously made under the increased limits under this subsection for the election cycle, exceeds 110% of the opposition personal funds amount.

(B) A candidate and a candidate's authorized committee shall not accept any contribution and a party shall not make any expenditure under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of the increased limit is attributable to such an opposing candidate.

(3) Disposal of excess contributions.

(A) The aggregate amount of contributions accepted by a candidate or a candidate's authorized committee under the increased limit under paragraph (1) and not otherwise expended in connection with the election with respect to which the contributions relate shall, not later than 50 days after the date of the election, be used in the manner described in subparagraph (B).

(B) A candidate or a candidate's authorized committee shall return the excess contribution to the person who made the contribution.

(d) Any candidate who incurs personal loans made after the effective date of this amendatory Act of the 94th General Assembly in connection with the candidate's campaign for election shall not repay (directly or indirectly), to the extent the loans exceed $250,000, the loans from any contributions made to the candidate or any authorized committee of the candidate after the date of the election.

(e) Each July 1, the dollar amounts established in this Section shall be adjusted for inflation as determined by the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor and rounded to the nearest $100.

(10 ILCS 5/9A-20 new)

Sec. 9A-20. Contributions or expenditures by corporations or labor organizations.

(a) It is unlawful for any corporation or labor organization to make a contribution or expenditure in connection with any election to any executive branch constitutional office or to any seat in the General Assembly or in connection with any primary election or political convention or caucus held to select candidates for any executive branch constitutional office or any seat in the General Assembly. It is unlawful for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this Section. It is unlawful any officer or any director of any corporation or any officer of any labor organization to consent to any contribution or expenditure by the corporation or labor organization, as the case may be, prohibited by this Section.

(b) Definitions and additional prohibitions.

(1) For the purposes of this Section, the term "labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(2) For purposes of this Section, the term "contribution or expenditure" includes a contribution or expenditure as those terms are defined in Section 9A-10 and also includes any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, any services, or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization in connection with any election to any of the offices referred to in this Section or for any applicable electioneering communication. The term shall not include:

(A) Communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject.

(B) Nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families or by a labor organization aimed at its members and their families.

(C) The establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock.

(3) It is unlawful:

(A) For a fund described in paragraph (2)(C) to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, or financial reprisals; by the threat of force, job discrimination, or financial reprisal; by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment; or by moneys obtained in any commercial transaction.

(B) For any person soliciting an employee for a contribution to a fund described in paragraph (2)(C) to fail to inform the employee of the political purposes of the fund at the time of solicitation.

(C) For any person soliciting an employee for a contribution to a fund described in paragraph (2)(C) to fail to inform the employee, at the time of solicitation, of his or her right to refuse to contribute without any reprisal.

(4) Solicitations.

(A) Except as provided in subparagraphs (B), (C), and (D), it is unlawful:

(i) For a corporation, or a separate segregated fund established by a corporation, to solicit contributions to the fund from any person other than its stockholders and their families and its executive or administrative personnel and their families.

(ii) For a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to the fund from any person other than its members and their families.

(B) It is not unlawful under this Section for a corporation, a labor organization, or a separate segregated fund established by a corporation or labor organization to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of those persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be so designed that the corporation, labor organization, or separate segregated fund conducting the solicitation cannot determine who makes a contribution of $50 or less as a result of the solicitation and who does not make such a contribution.

(C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to the fund from members of the organization, cooperative, or corporation without capital stock.

(5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, is also permitted to labor organizations with regard to their members.

(6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating the making of voluntary contributions shall make available that method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for the corporation or its subsidiaries, branches, divisions, and affiliates.

(7) For purposes of this Section, the term "executive or administrative personnel" means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional, or supervisory responsibilities.

(c) Electioneering communications.

(1) For purposes of this Section, the term "applicable electioneering communication" means an electioneering communication, as defined in Section 9-1.14, that is made by any entity described in subsection (a) of this Section or by any other person using funds donated by an entity described in subsection (a) of this Section.

(2) Notwithstanding paragraph (A), the term "applicable electioneering communication" does not include a communication by an unincorporated Section 501(c)(4) organization or a political organization (as defined in Section 527(e)(1) of the Internal Revenue Code of 1986 [26 USCS § 527(e)(1)]) if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or are lawfully admitted for permanent residence (as defined in Section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of this paragraph, the term "provided directly by individuals" does not include funds the source of which is an entity described in subsection (a) of this Section.

(3) Source of communications.

(A) An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in subsection (a) directly or indirectly disburses any amount for any of the costs of the communication.

(B) A Section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in subsection (a) shall be considered to have paid for any communication out of those amounts unless the organization paid for the communication out of a segregated account.

(4) For purposes of this subsection:

(A) The term "Section 501(c)(4) organization" means:

(i) An organization described in Section 501(c)(4) of the Internal Revenue Code of 1986 [26 USCS § 501(c)(4)] and exempt from taxation under Section 501(a) of that Code [26 USCS § 501(a)]; or

(ii) An organization that has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i).

(B) A person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement.

(5) Nothing in this subsection shall be construed to authorize an organization exempt from taxation under Section 501(a) of the Internal Revenue Code of 1986 [26 USCS § 501(a)] to carry out any activity that is prohibited under that Code.

(10 ILCS 5/9A-25 new)

Sec. 9A-25. Prohibition of contributions in name of another. No person shall make a contribution in the name of another person or knowingly permit his or her name to be used to effect such a contribution. No person shall knowingly accept a contribution made by one person in the name of another person.

(10 ILCS 5/9A-30 new)

Sec. 9A-30. Complaints. The Board may receive complaints from any entity regulated under this Article, alleging with specificity on the basis of facts known to that entity, that a violation of this Article has occurred. The Board may bring complaints and investigations on its own initiative when the Board has a reasonable basis to believe that a violation of this Article has occurred. The Board shall have the authority to promulgate procedural rules governing the filing and hearing of complaints under this Section.

(10 ILCS 5/Art. 12A heading new)

ARTICLE 12A.

VOTERS' GUIDES

(10 ILCS 5/12A-2 new)

Sec. 12A-2. Definitions. As used in this Article, unless the context otherwise requires:

"Board" means the State Board of Elections.

"Internet Guide" refers to information disseminated by the State Board of Elections on a website, pursuant to Section 12A-5.

"Local election authority" means a county clerk or board of election commissioners.

"Local insert" refers to information disseminated by the State Board of Elections in printed form, pursuant to Section 12A-30.

"Public question" or "question" means any question, proposition, or referendum submitted to the voters under Article 28 of this Code.

"Publication date of the Statewide Guide" shall be set by the State Board of Elections, in reference to the date after which the publication schedule forbids further edits to the Statewide Guide.

"Statewide candidate" means any candidate who runs for a statewide office, including Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, United States President, or United States Senator.

"Statewide Guide" refers to information disseminated by the State Board of Elections in printed form, pursuant to Section 12A-20.

"Voters' guide" means any information disseminated by the State Board of Elections pursuant to Section 12A-5, 12A-20, or 12A-30.

(10 ILCS 5/12A-5 new)

Sec. 12A-5. Internet Guide. The Board shall publish, no later than the 45th day before a general election in which a statewide candidate appears on the ballot, an Internet website with the following information:

(1) The date and time of the general election.

(2) Requirements for a citizen to qualify as an elector.

(3) The deadline for registering as an elector in the State of Illinois for the next election.

(4) Contact information for local election authorities.

(5) A description of the following offices, when they appear on the ballot, including their term of office, basic duties, and base salary: Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, Illinois Appellate Court Judge, member of the General Assembly, and other offices at the Board's discretion.

(6) The names and party affiliations of qualified candidates for the following offices, when these offices appear on the ballot: Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, Illinois Appellate Court Judge, member of the General Assembly, and other offices at the Board's discretion.

(7) Challenged candidates. Where a candidate's right to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.

(8) Any personal statement and photograph submitted by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.

(9) A means by which an elector may determine what type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.

(10) The text of any public question that may appear on the ballot.

(11) A mechanism by which electors may determine in which legislative and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office group (e.g., statewide executive, or General Assembly), office (e.g., Governor or State Senator), district (e.g., specific legislative seats), and candidate's name.

The Board shall archive the contents of the Internet Guide for a period of at least 5 years.

(10 ILCS 5/12A-10 new)

Sec. 12A-10. Candidate statements and photographs in the Internet Guide.

(a) Any candidate whose name appears in the Internet Guide may submit a written statement and a photograph to appear in the Internet Guide, provided that:

(1) No personal statement may exceed 400 words.

(2) Personal statements may include contact information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.

(3) Personal statements may not mention a candidate's opponents by name.

(4) No personal statement may include language that may not be legally sent through the mail.

(5) The photograph shall be a conventional photograph with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.

(6) The photograph shall not (i) show the candidate's hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.

(b) The Board must note in the text of the Internet Guide that personal statements were submitted by the candidate or his or her designee and were not edited by the Board.

(c) Where a candidate declines to submit a statement, the Board may note that the candidate declined to submit a statement.

(d) The candidate must pay $200 for inclusion of his or her personal statement and photograph, and the Board shall not include photographs or statements from candidates who do not pay the fee. The Board may adopt rules for refunding that fee at the candidate's request, provided that the Board may not include a statement or photograph from a candidate who has requested a refund of a fee, and provided also that the Board may not refund a fee for inclusion in the Internet Guide after the publication date of the Statewide Guide.

(e) Anyone other than the candidate submitting a statement or photograph from a candidate must attest that he or she is doing so on behalf and at the direction of the candidate. The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.

(f) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for posting or contained in the Internet Guide. The persons writing, signing, or offering a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the Board shall not be liable in any case or action relating to the content of any material submitted by any candidate.

(g) The Board may set reasonable deadlines for the submission of personal statements and photographs, provided that a deadline may not be less than 5 business days after the last day for filing new party petitions.

(h) The Board may set formats for the submission of statements and photographs. The Board may require that statements and photographs are submitted in an electronic format.

(10 ILCS 5/12A-15 new)

Sec. 12A-15. Language. The Board may translate all of the material it is required to provide for the Internet Guide into other languages as it deems necessary to comply with the federal Voting Rights Act or at its discretion. Visitors to the site shall have the option of viewing the Guide in all languages into which the Guide has been translated. Candidates may, at their option and expense, submit statements in languages other than English. The Board shall not be responsible for translating candidate statements.

(10 ILCS 5/12A-20 new)

Sec 12A-20. Statewide Guide.

(a) By majority vote of the members of the State Board of Elections, the Board may publish a printed voters' guide.

(b) The Board shall print at least as many copies of the guide as are necessary to mail one copy to every household in Illinois. The Board may also print additional copies for distribution through other means.

(c) A copy of the Statewide Guide shall be mailed to every household in Illinois no later than 45 days prior to the general election.

(d) A Statewide Guide must include:

(1) The date and time of the election.

(2) Qualifications for becoming a registered elector in the State of Illinois.

(3) The deadline for registering as an elector in the State of Illinois for the next election.

(4) Instructions for electors who have moved between jurisdictions of different local election authorities and who wish to maintain their registration.

(5) How Illinois residents may contact the Board by telephone, by mail, and by Internet.

(6) A description of the following offices, when they appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, and Illinois Supreme Court Justice.

(7) The names and party affiliations of qualified candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, and Illinois Supreme Court Justice.

(8) Challenged candidates. Where a candidate's right to appear on the ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear in the Statewide Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If a challenged candidate is removed from the ballot prior to the publication date of the Statewide Guide, the Board shall remove that candidate from the Statewide Guide and shall refund any fees paid by that candidate to include statements or photographs in the Statewide Guide.

(9) Any personal statement and photograph submitted by a candidate listed in the Statewide Guide, subject to Sections 12A-25 and 12A-35.

(10) A description of the different types of balloting equipment used in Illinois and instructions for using that equipment.

(11) The text of any public question that may appear on the ballot.

(12) A voter registration form.

(13) Reference to the website address of the Internet Guide.

(10 ILCS 5/12A-25 new)

Sec. 12A-25. Candidate statements and photographs in the Statewide Guide.

(a) Any candidate whose name appears in the Statewide Guide may submit a written statement and a photograph to appear in the Statewide Guide, provided that:

(1) No candidate statement or photograph may appear in the Statewide Guide if the candidate declines to submit a statement or photograph to the Internet Guide or if he or she seek a refund of the fee for the Internet Guide.

(2) No personal statement may exceed 400 words.

(3) Personal statements may include contact information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.

(4) Personal statements may not mention a candidate's opponents by name.

(5) No personal statement may include language that may not be legally sent through the mail.

(6) The photograph shall be a conventional photograph with a plain background and shall show only the face, or the head, neck, and shoulders, of the candidate.

(7) The photograph shall not (i) show the candidate's hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.

(b) The Board must note in the text of the Statewide Guide the name of the person or organization that submitted the personal statements and photographs and that the statement was not edited by the Board.

(c) Where a candidate declines to submit a statement, the Board may note that the candidate declined to submit a statement.

(d) The candidate or his or her designee must pay $300 for inclusion of his or her personal statement and photograph. The Board shall not include photographs or statements from candidates who do not pay the fee. The Board may adopt rules for refunding that fee at the candidate's request, provided that the Board may not include a statement or photograph from a candidate who has requested a refund of a fee.

(e) Anyone submitting a statement or photograph from a candidate must attest that he or she is doing so on behalf of the candidate. The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.

(f) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for publication or contained in the Statewide Guide. The persons writing, signing, or offering a statement for inclusion in the Statewide Guide are deemed to be its authors and publishers.

(g) The Board may set deadlines for the submission of personal statements and photographs, provided that the deadline is not less than 5 business days after the filing deadline for new party petitions.

(h) The Board may set reasonable formats for the submission of statements and photographs. The Board may require that statements and photographs are submitted in an electronic format.

(10 ILCS 5/12A-30 new)

Sec. 12A-30. Local inserts.

(a) Notwithstanding any other law to the contrary, if the Board chooses to issue a Statewide Guide, the Board may also choose to enter into intergovernmental agreements with local election authorities, to include a local insert with the copies of the Statewide Guide mailed to addresses within the jurisdiction of the local election authority.

(b) Local inserts qualifying for inclusion with the Statewide Guide must include the following information:

(1) The names and party affiliations of qualified candidates for United States Representative, Illinois Appellate Court Judge, State Senator, and State Representative.

(2) Other offices on the ballot, at the discretion of the local election authority.

(3) Personal statements of candidates named in the Guide, submitted in accordance with subsection (c).

(4) The location of polling places. This list may indicate which polling places are handicapped accessible.

(5) The rights of handicapped voters in non-accessible polling places.

(6) A change of address form, for electors who have moved within the boundaries of the jurisdiction of the local election authority.

(7) A judge of elections application.

(8) How an elector can qualify for and obtain an absentee ballot.

(9) A description of the type of balloting equipment used by the local election authority and the instructions for using that equipment.

(10) Other information at the Board's discretion.

(c) The Board may set standards for including candidate statements and photographs, provided that:

(1) The standards are substantially similar to the standards for inclusion in the Statewide Guide.

(2) No candidate may appear in a local insert if he or she declines to submit a statement to the Internet Guide or if he or she seeks a refund of the fee for the Internet Guide.

(3) The fee for submitting a personal statement and photograph for the local insert is $100. The fee must be paid to the Board, and the Board must credit that proportion of the candidate's fee equal to the proportion of the candidate's district that lies within the jurisdiction of the local election authority against any fees due to the Board from the local election authority.

(d) The Board may allow a local election authority to submit different inserts for different portions of its jurisdiction, provided that:

(1) Every part of the jurisdiction receives information about the same offices on the ballot.

(2) The division follows a rational basis related to the work of the local election authority, such as dividing the jurisdiction along congressional district lines.

(3) The division serves to reduce the size of the insert and to tailor the information included to the individual ballots of voters in different parts of the jurisdiction.

(d) The Board may specify the style, format, and design of the local insert to ensure uniformity with the Statewide Guide.

(e) The Board may charge local election authorities who agree to submit local inserts the following fees:

(1) The incremental postage cost of mailing the additional pages associated with the local insert.

(2) The cost of printing the local insert.

The Board may, at its discretion, allow local election authorities to print their own inserts. If the Board chooses to allow local election authorities to print their own inserts, the Board may charge the local election authority the cost of collating the insert with the Statewide Guide. Inserts printed by local election authorities must comply with all rules set for inserts printed by the Board.

(10 ILCS 5/12A-35 new)

Sec. 12A-35. Board's review of candidate photograph and statement; procedure for revision.

(a) If a candidate files a photograph and statement under item (8) of Section 12A-5 or item (9) of subsection (d) of Section 12A-20 for inclusion in a voters' guide, the Board shall review the photograph and statement to ensure that they comply with the requirements of Section 12A-10 or Section 12A-25, as applicable. Review by the Board under this Section shall be limited to determining whether the photograph and statement comply with the requirements of Section 12A-10 or Section 12A-25 and may not include any determination relating to the accuracy or truthfulness of the substance or contents of the materials filed.

(b) The Board shall review each photograph and statement not later than 3 business days following the deadline for filing a photograph and statement. If the Board determines that the photograph or statement of a candidate must be revised in order to comply with the requirements of Section 12A-10 or Section 12A-25, as applicable, the Board shall attempt to contact the candidate not later than the 5th day after the deadline for filing a photograph and statement. A candidate contacted by the Board under this Section may file a revised photograph or statement no later than the 7th business day following the deadline for filing a photograph and statement.

(c) If the Board is required to attempt to contact a candidate under subsection (b) of this Section, the Board shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine, if such contact information is provided by the candidate.

(d) If the Board is unable to contact a candidate, if the candidate does not file a revised photograph or statement, or if the revised filing under subsection (b) again fails to meet the standards of review set by the Board:

(1) If a photograph does not comply with Section 12A-10 or Section 12A-25, as applicable, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10 or 12A-25, as applicable, the photograph shall not be printed in the guide.

(2) If a statement does not comply with Section 12A-10 or Section 12A-25, as applicable, the statement shall not be printed in the guide.

(e) If the photograph or statement of a candidate filed under item (8) of Section 12A-5 or item (9) of subsection (d) of Section 12A-20 does not comply with a requirement of Section 12A-10 or Section 12A-25, as applicable, and the Board does not attempt to contact the candidate by the deadline specified in subsection (b) of this Section, for purposes of this Section only the photograph or statement shall be printed as filed.

(f) A candidate revising a photograph or statement under this Section shall make only those revisions necessary to comply with Section 12A-10 or Section 12A-25, as applicable.

(g) The Board may by rule define the term "contact" as used in this Section.

(10 ILCS 5/12A-40 new)

Sec. 12A-40. Exemption from public records laws. Notwithstanding any other provision of law, materials filed by a candidate, political party, political committee, or other person for inclusion in a voters' guide are exempt from public inspection until the 4th business day after the final date for filing the materials.

(10 ILCS 5/12A-45 new)

Sec. 12A-45. Material submitted for inclusion in any voters' guide may not be admitted as evidence in any suit or action against the Board to restrain or enjoin the publication of a voters' guide.

(10 ILCS 5/12A-50 new)

Sec. 12A-50. Order of appearance within the guides. For all guides disseminated by the Board, all information about offices and candidates on the ballot shall be listed together in the same part of the guide or insert. All candidates for one office, together with their statements and photographs if any, shall be listed before information on other offices and candidates is listed. To the extent possible, offices and candidates shall be listed in the same order in which they appear on the ballot.

(10 ILCS 5/12A-55 new)

Sec. 12A-55. Constitutional issues. If a constitutional amendment appears on the ballot, the contents of the pamphlet issued by the Secretary of State under Section 2 of the Illinois Constitutional Amendment Act may be included in any guide issued by the Board.

Section 20. The Lobbyist Registration Act is amended by changing Sections 2, 3.1, 4, 5, 6, 6.5, 7, and 11 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);

(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.

(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 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) "Lobbying" means 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 executive, legislative, or administrative action.

(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 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, report, nomination, administrative rule or other matter by either house of the General Assembly or a committee thereof, or by a legislator. Legislative action also means the action of the Governor in approving or vetoing any bill or portion thereof, and the action of the Governor or any agency in the development of a 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.

(j) "Lobbyist" means any natural person who undertakes to lobby State government as provided in subsection (e).

(k) "Registrant entity" means any non-person registrant, including a lobbying firm and its clients.

(l) "Immediate family member" is defined as in Section 4A-100 of the Illinois Governmental Ethics Act.

(Source: P.A. 88-187.)

(25 ILCS 170/3.1)

Sec. 3.1. Prohibition on serving on boards and commissions.

Notwithstanding any other law of this State, on and after February 1, 2004, but not before that date, a person required to be registered under this Act, his or her spouse, and his or her immediate family members living with that person may not serve on a board, commission, authority, or task force authorized or created by State law or by executive order of the Governor; except that this restriction does not apply to any of the following:

(1) a registered lobbyist, his or her spouse, or any immediate family member living with the registered lobbyist, who is serving in an elective public office, whether elected or appointed to fill a vacancy; and

(2) a registered lobbyist, his or her spouse, or any immediate family member living with the registered lobbyist, who is serving on a State advisory body that makes nonbinding recommendations to an agency of State government but does not make binding recommendations or determinations or take any other substantive action.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

(25 ILCS 170/4) (from Ch. 63, par. 174)

Sec. 4. Persons not required to register. This Act is not intended and shall not be construed to apply to the following:

(a) Persons who, for the purpose of influencing 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 committees of the House and Senate for the purpose of explaining or arguing for or against the passage of or action upon any legislation then pending before such committees, or who seek without compensation or promise thereof the approval or veto of any legislation by the Governor.

(b) Persons 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 which in the ordinary course of business disseminates news, editorial or other comment, or paid advertisements which directly urge the passage or defeat of legislation. This exemption shall not be applicable to such an individual insofar as he 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 profit corporations engaged primarily in endeavors other than dissemination of news.

(c) Persons 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 where such professional services are not otherwise, directly or indirectly, connected with executive, legislative or administrative action.

(d) Persons who are employees of departments, divisions, or agencies of State government, and who appear before committees of the House and Senate for the purpose of explaining how the passage of or action upon any legislation then pending before such committees will affect said departments, divisions or agencies of State government.

(e) 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.

(f) Persons who possess 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 such 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 such occasional appearances.

(g) 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 such church or religious organization.

(h) Persons who (1) make no expenditures that are reportable under Section 6, (2) receive no compensation for lobbying other than their normal salary plus not more than $500 per year in reimbursement for expenses of up to $500 per year while engaged in lobbying State government, (3) engage in lobbying activities as an insignificant portion of their duties during the regular course of their employment or as a volunteer, and (4) were not required to register as a lobbyist in the immediately preceding registration period unless those persons make expenditures that are reportable under Section 6. For the purposes of this subsection, the phrase "insignificant portion of their duties" shall mean less than 40 hours during any 12-month period.

(i) Any attorney in the course of representing a client in any administrative or judicial proceeding, or any witness providing testimony in any administrative or judicial proceeding, in which ex parte communications are not allowed and who does not make expenditures that are reportable pursuant to Section 6.

(j) Persons who, in the scope of their employment as a vendor, offer or solicit an official for the purchase of any goods or services where (1) said solicitation is limited to either an oral inquiry or written advertisements and informative literature; or (2) said goods and services are subject to competitive bidding requirements of the Illinois Purchasing Act; or (3) said goods and services are for sale at a cost not to exceed $5,000; and (4) such persons do not make expenditures that are reportable under Section 6.

(Source: P.A. 88-187.)

(25 ILCS 170/5)

Sec. 5. Lobbyist registration and disclosure. Every person required to register under this Act Section 3 shall before any service is performed which requires the person to register, but in any event not later than 2 business days after being employed or retained, and on or before each January 31 and July 31 thereafter, file in the Office of the Secretary of State a written statement containing the following information with respect to each person or entity employing or retaining the person 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 organization or business entity, the information required under subsection (a) for each 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 person or persons employing or retaining registrant to perform such services or on whose behalf the registrant appears.

(c) 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 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, and (22) other (setting forth the nature of that other business).

The registrant must file an amendment to the statement within 14 calendar days to report any substantial change or addition to the information previously filed, except that a registrant must file an amendment to the statement to disclose a new agreement to retain the registrant for lobbying services before any service is performed which requires the person to register, but in any event not later than 2 business days after entering into the retainer agreement.

Not later than 12 months after the effective date of this amendatory Act of the 93rd General Assembly, or as soon thereafter as the Secretary of State has provided adequate software to the persons required to file, all statements and amendments to statements required to be filed shall be filed electronically. The Secretary of State shall promptly 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 persons required to file. The Secretary of State shall implement a plan to provide computer access and assistance to persons required to file electronically.

Persons required to register under this Act prior to July 1, 2003, shall remit a single, annual and nonrefundable $50 registration fee. All fees collected for registrations prior to July 1, 2003, shall be deposited into the Lobbyist Registration Administration Fund for administration and enforcement of this Act. Beginning July 1, 2003, all persons other than entities qualified under Section 501(c)(3) of the Internal Revenue Code required to register under this Act shall remit a single, annual, and nonrefundable $350 registration fee. Entities required to register under this Act which are qualified under Section 501(c)(3) of the Internal Revenue Code shall remit a single, annual, and nonrefundable $150 registration fee. Each individual 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. Of each registration fee collected for registrations on or after July 1, 2003, $50 shall be deposited into the Lobbyist Registration Administration Fund for administration and enforcement of this Act and is intended to be used to implement and maintain electronic filing of reports under this Act, the next $100 shall be deposited into the Lobbyist Registration Administration Fund for administration and enforcement of this Act, and any balance shall be deposited into the General Revenue Fund.

(Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

(25 ILCS 170/6) (from Ch. 63, par. 176)

Sec. 6. Reports.

(a) Except as otherwise provided in this Section, every person required to register as prescribed in Section 3 shall report, verified under oath pursuant to Section 1-109 of the Code of Civil Procedure, to the Secretary of State all revenues and expenditures related to for lobbying made or incurred by the lobbyist on his behalf or the behalf of his employer. The reports shall be filed by July 31, for the period January 1 through June 30 immediately preceding, and by January 31, for the period July 1 through December 31 immediately preceding. 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. In the case where an individual is solely employed by another person to perform job related functions any part of which includes lobbying, the employer shall be responsible for reporting all lobbying revenues and expenditures incurred on the employer's behalf as shall be identified by the lobbyist to the employer preceding such report. Persons who contract with another person to perform lobbying activities shall be responsible for reporting all lobbying billings and expenditures incurred on the employer's behalf. Any additional lobbying expenses incurred by the employer which are separate and apart from those incurred by the contractual employee shall be reported by the employer.

(b) The report shall itemize each individual expenditure or transaction over $10 $100 and shall include the name of the official on whose behalf the expenditure was made, the name of the client on whose behalf the expenditure was made, the total amount of the expenditure, a description of the expenditure, the address and location of the expenditure if the expenditure was for an intangible item such as lodging, the date on which the expenditure occurred and the subject matter of the lobbying activity, if any.

Expenditures attributable to lobbying officials shall be listed and reported according to the following categories:

(1) travel and lodging on behalf of others.

(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 of value not listed under a category above, setting forth a description of the expenditure.

Individual expenditures required to be reported as described herein which are equal to or less than $100 in value need not be itemized but are required to be categorized and reported by officials in an aggregate total in a manner prescribed by rule of the Secretary of State.

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, and the names of any officials known to have attended.

Each individual expenditure required to be reported shall include all expenses made for or on behalf of State officials and members of the immediate family of those persons.

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 capital during sessions of the General Assembly.

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 need not be reported.

Reasonable and bona fide expenditures made by the registrant for personal sustenance, lodging, travel, office expenses and clerical or support staff need not be reported.

Salaries, fees, and other compensation paid to the registrant for the purposes of lobbying need not be reported, but billings by registrant entities or, where the lobbyist was employed or retained by more than one entity, to clients shall be included in the reports.

Any contributions required to be reported under Article 9 of the Election Code need not be reported.

The report shall include: (1) the name of each State government entity lobbied; (2) whether the lobbying involved executive, legislative, or administrative action, or a combination; (3) the names of the persons who performed the lobbyist services; and (4) a brief description of the legislative, executive, or administrative action involved.

Except as otherwise provided in this subsection, gifts and honoraria returned or reimbursed to the registrant within 30 days of the date of receipt shall not be reported.

A gift or honorarium returned or reimbursed to the registrant within 10 days after the official receives a copy of a report pursuant to Section 6.5 shall not be included in the final report unless the registrant informed the official, contemporaneously with the receipt of the gift or honorarium, that the gift or honorarium is a reportable expenditure pursuant to this Act.

(c) Reports under this Section shall be filed by July 31, for expenditures from the previous January 1 through the later of June 30 or the final day of the regular General Assembly session, and by January 31, for expenditures from the entire previous calendar year.

Registrants who made no reportable expenditures during a reporting period shall file a report stating that no expenditures were incurred. Such reports shall be filed in accordance with the deadlines as prescribed in this subsection.

(c-5) The report shall include the names and addresses of all clients who retained the lobbyist, other than his or her immediate employer, together with an itemized description for each client of the following: (1) lobbying regarding executive action, including the name of any agency lobbied, the names of any officials lobbied, the specific subject matter discussed with each agency or official, and the total amount billed to the client, including subtotals for professional services and reimbursements; (2) lobbying regarding legislative action, including the specific subject matter, bill numbers where available, and the total amount billed to the client, including subtotals for professional services and reimbursements; and (3) lobbying regarding administrative action, including the specific subject matter and the total billed to the client, including subtotals for professional services and reimbursements.

(c-7) 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 revenues and 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, 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.

(Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)

(25 ILCS 170/6.5)

Sec. 6.5. Disposition of gifts Response to report by official.

(a) Every person required to register as prescribed in Section 3 and required to file a report with the Secretary of State as prescribed in Section 6 shall, at least 25 days before filing the report, provide a copy of the report to each official listed in the report by first class mail or hand delivery. An official may, within 10 days after receiving the copy of the report, provide written objections to the report by first class mail or hand delivery to the person required to file the report. If those written objections conflict with the final report that is filed, the written objections shall be filed along with the report.

(a-5) If an official who received a gift listed on a lobbyist report returned the gift, reimbursed the lobbyist for the gift, donated the gift to charity, or otherwise surrendered possession of the gift to a person or entity outside of his or her immediate household, then the official shall return a copy of the report supplied to the official by the lobbyist under Section 6 to the Secretary of State indicating the disposition of the gift. The amendments to reports shall be filed by September 1, for gifts listed in the report covering the period January 1 through June 30 immediately preceding, or by March 1, for gifts listed in the report covering the period July 1 through December 31 immediately preceding. Reports filed pursuant to this subsection shall not be admissible as evidence of a violation of Article 10 of the State Officials and Employees Ethics Act, provided that the gifts were disposed of in accordance with Section 10-30 of that Act.

(b) Failure to provide a copy of the report to an official listed in the report within the time designated in this Section is a violation of this Act.

(Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)

(25 ILCS 170/7) (from Ch. 63, par. 177)

Sec. 7. Duties of the Secretary of State.

(a) It shall be the duty of the Secretary of State to provide appropriate forms for the registration and reporting of information required by this Act and to keep such registrations and reports on file in his office for 3 years from the date of filing. He shall also provide and maintain a register with appropriate blanks and indexes so that the information required in Sections 5 and 6 of this Act may be accordingly entered. Such records shall be considered public information and open to public inspection.

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.

(b) Within 10 days after a filing deadline, the Secretary of State shall notify persons he determines are required to file but have failed to do so.

(c) Not later than 12 months after the effective date of this amendatory Act of the 93rd General Assembly, or as soon thereafter as the Secretary of State has provided adequate software to the persons required to file, all reports required under this Act shall be filed electronically. The Secretary of State shall promptly make all filed reports 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 persons required to file. The Secretary of State shall implement a plan to provide computer access and assistance to persons required to file electronically.

(d) Not later than 12 months after the effective date of this amendatory Act of the 93rd General Assembly, the Secretary of State shall include registrants' pictures when publishing or posting on his or her website the information required in Section 5.

(e) The Secretary of State shall receive and investigate allegations of violations of this Act. Any employee of the Secretary of State who receives a complaint shall immediately transmit that complaint to the Secretary of State Inspector General.

(Source: P.A. 93-615, eff. 11-19-03.)

(25 ILCS 170/11) (from Ch. 63, par. 181)

Sec. 11. Enforcement Venue.

(a) Allegations of possible violations of this Act may be filed with the Secretary of State Inspector General appointed under Section 14 of the Secretary of State Act. If the Secretary of State Inspector General finds credible evidence of a violation of this Act, he or she may forward those findings to the Executive Ethics Commission.

(b) Any violation of this Act may be prosecuted in the county where the offense is committed or in Sangamon County. In addition to the State's Attorney of the appropriate county, the Attorney General of Illinois also is authorized to prosecute any violation of this Act.

(Source: P.A. 76-1848.)

Section 25. The Illinois Procurement Code is amended by changing Section 50-13 as follows:

(30 ILCS 500/50-13)

Sec. 50-13. Conflicts of interest.

(a) Prohibition. It is unlawful for any person holding an elective office in this State, holding a seat in the General Assembly, or appointed to or employed in any of the offices or agencies of State government and who receives compensation for such employment in excess of 60% of the salary of the Governor of the State of Illinois, or who is an officer or employee of the Capital Development Board or the Illinois Toll Highway Authority, or who is the spouse of any such person or an immediate family member minor child of any such person to have or acquire any contract, or any direct pecuniary interest in any contract therein, whether for stationery, printing, paper, or any services, materials, or supplies, that will be wholly or partially satisfied by the payment of funds appropriated by the General Assembly of the State of Illinois or in any contract of the Capital Development Board or the Illinois Toll Highway Authority.

(b) Interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (a) is entitled to receive any (i) more than 7 1/2% of the total distributable income or (ii) an amount in excess of the salary of the Governor, to have or acquire any such contract or direct pecuniary interest therein, except that this restriction does not apply to a person, his or her spouse, or his or her immediate family member, who is serving on a State advisory body that makes nonbinding recommendations to an agency of State government but does not make binding recommendations or determinations or take any other substantive action.

(c) Combined interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (a) 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, to have or acquire any such contract or direct pecuniary interest therein.

(c) (c-5) Appointees and firms. In addition to any provisions of this Code, the interests of certain appointees and their firms are subject to Section 3A-35 of the Illinois Governmental Ethics Act.

(d) Securities. Nothing in this Section invalidates the provisions of any bond or other security previously offered or to be offered for sale or sold by or for the State of Illinois.

(e) Prior interests. This Section does not affect the validity of any contract made between the State and an officer or employee of the State or member of the General Assembly, his or her spouse, minor child, or other immediate family member, living in his or her residence or any combination of those persons if that contract was in existence before his or her election or employment as an officer, member, or employee. The contract is voidable, however, if it cannot be completed within 365 days after the officer, member, or employee takes office or is employed.

(f) Exceptions.

(1) Public aid payments. This Section does not apply to payments made for a public aid recipient.

(2) Teaching. This Section does not apply to a contract for personal services as a teacher or school administrator between a member of the General Assembly or his or her spouse, or a State officer or employee or his or her spouse, and any school district, public community college district, the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governor State University, or Northeastern Illinois University.

(3) Ministerial duties. This Section does not apply to a contract for personal services of a wholly ministerial character, including but not limited to services as a laborer, clerk, typist, stenographer, page, bookkeeper, receptionist, or telephone switchboard operator, made by a spouse or minor child of an elective or appointive State officer or employee or of a member of the General Assembly.

(4) Child and family services. This Section does not apply to payments made to a member of the General Assembly, a State officer or employee, his or her spouse or minor child acting as a foster parent, homemaker, advocate, or volunteer for or in behalf of a child or family served by the Department of Children and Family Services.

(5) Licensed professionals. Contracts with licensed professionals, provided they are competitively bid or part of a reimbursement program for specific, customary goods and services through the Department of Children and Family Services, the Department of Human Services, the Department of Public Aid, the Department of Public Health, or the Department on Aging.

(g) Penalty. A person convicted of a violation of this Section is guilty of a business offense and shall be fined not less than $1,000 nor more than $5,000.

(h) For the purposes of this Section, "immediate family member" is defined as in Section 4A-100 of the Illinois Governmental Ethics Act.

(Source: P.A. 93-615, eff. 11-19-03.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect 60 days after becoming law.".