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Full Text of HB3412  93rd General Assembly

HB3412enr 93rd General Assembly


093_HB3412enr

 
HB3412 Enrolled                      LRB093 10270 JAM 10524 b

 1        AN ACT concerning ethics.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                              ARTICLE 1
 5                         GENERAL PROVISIONS

 6        Section  1-1.  Short  title. This Act may be cited as the
 7    State Officials and Employees Ethics Act.

 8        Section 1-5.  Definitions. As used in this Act:
 9        "Appointee" means a person appointed to a position in  or
10    with  a  State  agency, regardless of whether the position is
11    compensated.
12        "Campaign for elective  office"  means  any  activity  in
13    furtherance   of   an  effort  to  influence  the  selection,
14    nomination, election, or appointment of any individual to any
15    federal, State,  or  local  public  office  or  office  in  a
16    political  organization,  or  the  selection,  nomination, or
17    election of Presidential or Vice-Presidential  electors,  but
18    does  not  include  activities (i) relating to the support or
19    opposition of any executive, legislative,  or  administrative
20    action  (as  those  terms  are  defined  in  Section 2 of the
21    Lobbyist  Registration  Act),  (ii)  relating  to  collective
22    bargaining, or (iii) that are otherwise in furtherance of the
23    person's official State duties.
24        "Candidate" means  a  person  who  has  filed  nominating
25    papers  or petitions for nomination or election to an elected
26    State office, or who has been appointed to fill a vacancy  in
27    nomination,  and  who  remains  eligible for placement on the
28    ballot at  either  a  general  primary  election  or  general
29    election.
30        "Collective bargaining" has the same meaning as that term
 
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 1    is  defined  in  Section  3  of  the  Illinois  Public  Labor
 2    Relations Act.
 3        "Compensated  time"  means any time worked by or credited
 4    to a State employee that counts toward any minimum work  time
 5    requirement imposed as a condition of employment with a State
 6    agency, but does not include any designated State holidays or
 7    any period when the employee is on a leave of absence.
 8        "Compensatory  time off" means authorized time off earned
 9    by or awarded to a State employee to compensate in  whole  or
10    in  part  for  time worked in excess of the minimum work time
11    required of that employee as a condition of employment with a
12    State agency.
13        "Contribution" has the  same  meaning  as  that  term  is
14    defined in Section 9-1.4 of the Election Code.
15        "Employee"  means  (i)  any  person  employed  full-time,
16    part-time,  or  pursuant  to  a contract and whose employment
17    duties are  subject  to  the  direction  and  control  of  an
18    employer  with regard to the material details of how the work
19    is to be performed; or (ii) any appointee.
20        "Executive  branch  constitutional  officer"  means   the
21    Governor, Lieutenant Governor, Attorney General, Secretary of
22    State, Comptroller, and Treasurer.
23        "Governmental entity" means a unit of local government or
24    a school district but not a State agency.
25        "Leave  of absence" means any period during which a State
26    employee  does  not  receive  (i)  compensation   for   State
27    employment,   (ii)   service  credit  towards  State  pension
28    benefits, and (iii) health insurance benefits paid for by the
29    State.
30        "Legislative  branch  constitutional  officer"  means   a
31    member of the General Assembly and the Auditor General.
32        "Legislative  leader"  means  the  President and Minority
33    Leader of the Senate and the Speaker and Minority  Leader  of
34    the House of Representatives.
 
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 1        "Member" means a member of the General Assembly.
 2        "Officer"  means  a  State  constitutional officer of the
 3    executive or legislative branch.
 4        "Political" means  any  activity  in  support  of  or  in
 5    connection  with  any  campaign  for  elective  office or any
 6    political organization, but does not include  activities  (i)
 7    relating  to  the  support  or  opposition  of any executive,
 8    legislative, or administrative action  (as  those  terms  are
 9    defined  in Section 2 of the Lobbyist Registration Act), (ii)
10    relating  to  collective  bargaining,  or  (iii)   that   are
11    otherwise  in  furtherance  of  the  person's  official State
12    duties.
13        "Political  organization"  means  a   party,   committee,
14    association,  fund,  or  other  organization  (whether or not
15    incorporated)  that  is  required  to  file  a  statement  of
16    organization with the State Board of Elections  or  a  county
17    clerk  under  Section 9-3 of the Election Code, but only with
18    regard to those activities that require filing with the State
19    Board of Elections or a county clerk.
20        "Prohibited political activity" means:
21             (1)  Preparing for, organizing, or participating  in
22        any   political   meeting,   political  rally,  political
23        demonstration, or other political event.
24             (2)  Soliciting  contributions,  including  but  not
25        limited to the purchase  of,  selling,  distributing,  or
26        receiving   payment   for   tickets   for  any  political
27        fundraiser, political meeting, or other political event.
28             (3)  Soliciting, planning the  solicitation  of,  or
29        preparing  any  document or report regarding any thing of
30        value intended as a campaign contribution.
31             (4)  Planning, conducting,  or  participating  in  a
32        public  opinion  poll  in  connection with a campaign for
33        elective office or on behalf of a political  organization
34        for  political  purposes or for or against any referendum
 
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 1        question.
 2             (5)  Surveying   or   gathering   information   from
 3        potential or actual voters in an  election  to  determine
 4        probable  vote  outcome in connection with a campaign for
 5        elective office or on behalf of a political  organization
 6        for  political  purposes or for or against any referendum
 7        question.
 8             (6)  Assisting at  the  polls  on  election  day  on
 9        behalf  of  any  political  organization or candidate for
10        elective  office  or  for  or  against   any   referendum
11        question.
12             (7)  Soliciting  votes  on behalf of a candidate for
13        elective office or a political  organization  or  for  or
14        against  any  referendum question or helping in an effort
15        to get voters to the polls.
16             (8)  Initiating    for    circulation,    preparing,
17        circulating, reviewing, or filing any petition on  behalf
18        of  a candidate for elective office or for or against any
19        referendum question.
20             (9)  Making contributions on behalf of any candidate
21        for elective office in that  capacity  or  in  connection
22        with a campaign for elective office.
23             (10)  Preparing  or reviewing responses to candidate
24        questionnaires.
25             (11)  Distributing, preparing for  distribution,  or
26        mailing  campaign  literature,  campaign  signs, or other
27        campaign material on behalf of any candidate for elective
28        office or for or against any referendum question.
29             (12)  Campaigning for any elective office or for  or
30        against any referendum question.
31             (13)  Managing or working on a campaign for elective
32        office or for or against any referendum question.
33             (14)  Serving  as a delegate, alternate, or proxy to
34        a political party convention.
 
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 1             (15)  Participating in any recount or  challenge  to
 2        the  outcome  of  any election, except to the extent that
 3        under subsection (d) of Section 6 of Article  IV  of  the
 4        Illinois  Constitution each house of the General Assembly
 5        shall judge the elections, returns, and qualifications of
 6        its members.
 7        "State agency" includes all officers, boards, commissions
 8    and agencies created by  the  Constitution,  whether  in  the
 9    executive  or  legislative branch; all officers, departments,
10    boards,  commissions,  agencies,  institutions,  authorities,
11    public institutions of higher learning as defined in  Section
12    2 of the Higher Education Cooperation Act, and bodies politic
13    and  corporate  of  the  State;  and  administrative units or
14    corporate  outgrowths  of  the  State  government  which  are
15    created by or pursuant to statute, other than units of  local
16    government  and  their officers, school districts, and boards
17    of election commissioners; and all administrative  units  and
18    corporate  outgrowths  of  the above and as may be created by
19    executive order of the Governor. "State agency" includes  the
20    General  Assembly,  the Senate, the House of Representatives,
21    the President and Minority Leader of the Senate, the  Speaker
22    and  Minority  Leader  of  the  House of Representatives, the
23    Senate Operations Commission,  and  the  legislative  support
24    services  agencies. "State agency" includes the Office of the
25    Auditor General. "State agency" does not include the judicial
26    branch.
27        "State employee" means any employee of a State agency.
28        "Ultimate jurisdictional authority" means the following:
29             (1)  For members, legislative  partisan  staff,  and
30        legislative   secretaries,  the  appropriate  legislative
31        leader: President of the Senate, Minority Leader  of  the
32        Senate,  Speaker  of  the  House  of  Representatives, or
33        Minority Leader of the House of Representatives.
34             (2)  For State employees who are professional  staff
 
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 1        or  employees  of  the  Senate and not covered under item
 2        (1), the Senate Operations Commission.
 3             (3)  For State employees who are professional  staff
 4        or  employees  of  the  House  of Representatives and not
 5        covered under item (1),  the  Speaker  of  the  House  of
 6        Representatives.
 7             (4)  For  State  employees  who are employees of the
 8        legislative  support   services   agencies,   the   Joint
 9        Committee on Legislative Support Services.
10             (5)  For State employees of the Auditor General, the
11        Auditor General.
12             (6)  For  State  employees of public institutions of
13        higher learning as defined in Section  2  of  the  Higher
14        Education  Cooperation  Act, the board of trustees of the
15        appropriate public institution of higher learning.
16             (7)  For State  employees  of  an  executive  branch
17        constitutional  officer  other  than  those  described in
18        paragraph   (6),   the   appropriate   executive   branch
19        constitutional officer.
20             (8)  For State employees not under the  jurisdiction
21        of  paragraph  (1),  (2), (3), (4), (5), (6), or (7), the
22        Governor.

23        Section 1-10.  Applicability.  The  State  Officials  and
24    Employees  Ethics  Act applies only to conduct that occurs on
25    or after the effective date of this  Act  and  to  causes  of
26    action  that  accrue  on  or after the effective date of this
27    Act.

28                              ARTICLE 5
29                           ETHICAL CONDUCT

30        Section 5-5.  Personnel policies.
31        (a)  Each of the  following  shall  adopt  and  implement
 
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 1    personnel policies for all State employees under his, her, or
 2    its  jurisdiction  and  control:  (i)  each  executive branch
 3    constitutional officer, (ii) each legislative  leader,  (iii)
 4    the Senate Operations Commission, with respect to legislative
 5    employees  under Section 4 of the General Assembly Operations
 6    Act, (iv) the Speaker of the House of  Representatives,  with
 7    respect  to  legislative  employees  under  Section  5 of the
 8    General Assembly Operations Act, (v) the Joint  Committee  on
 9    Legislative Support Services, with respect to State employees
10    of the legislative support services agencies, (vi) members of
11    the General Assembly, with respect to legislative assistants,
12    as provided in Section 4 of the General Assembly Compensation
13    Act,  (vii)  the  Auditor General, (viii) the Board of Higher
14    Education,  with  respect  to  State  employees   of   public
15    institutions  of  higher  learning except community colleges,
16    and (ix) the Illinois Community College Board,  with  respect
17    to  State employees of community colleges. The Governor shall
18    adopt and implement those policies for all State employees of
19    the executive branch not under the jurisdiction  and  control
20    of any other executive branch constitutional officer.
21        (b)  The  policies  required  under  subsection (a) shall
22    include  policies  relating  to   work   time   requirements,
23    documentation of time worked, documentation for reimbursement
24    for  travel on official State business, compensation, and the
25    earning or accrual of State benefits for all State  employees
26    who  may be eligible to receive those benefits.  The policies
27    shall comply with and be consistent with all other applicable
28    laws. For State employees  of  the  legislative  branch,  the
29    policies shall require those employees to periodically submit
30    time  sheets  documenting the time spent each day on official
31    State business  to  the  nearest  quarter  hour;  contractual
32    employees  of  the  legislative  branch  may satisfy the time
33    sheets requirement by  complying  with  the  terms  of  their
34    contract,  which shall provide for a means of compliance with
 
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 1    this requirement. The policies for  State  employees  of  the
 2    legislative  branch  shall  require  those  time sheets to be
 3    submitted  on  paper,  electronically,  or  both  and  to  be
 4    maintained in  either  paper  or  electronic  format  by  the
 5    applicable fiscal office for a period of at least 2 years.

 6        Section   5-10.  Ethics   training.    Each  officer  and
 7    employee must complete, at least annually, an ethics training
 8    program conducted by the appropriate ethics officer appointed
 9    under the State Gift Ban Act.  Each  ultimate  jurisdictional
10    authority  must  implement an ethics training program for its
11    officers and employees. A person who fills a  vacancy  in  an
12    elective  or  appointed position that requires training and a
13    person employed in a position  that  requires  training  must
14    complete  his  or her initial ethics training within 6 months
15    after commencement of his or her office or employment.

16        Section 5-15.  Prohibited political activities.
17        (a)  State employees shall not intentionally perform  any
18    prohibited  political  activity  during  any compensated time
19    (other than vacation, personal, or  compensatory  time  off).
20    State  employees  shall  not intentionally misappropriate any
21    State property or resources by  engaging  in  any  prohibited
22    political  activity  for  the  benefit  of  any  campaign for
23    elective office or any political organization.
24        (b)  At no time shall any executive or legislative branch
25    constitutional officer or any official, director, supervisor,
26    or State employee intentionally misappropriate  the  services
27    of  any  State  employee  by requiring that State employee to
28    perform any prohibited political activity (i) as part of that
29    employee's  State  duties,  (ii)  as  a  condition  of  State
30    employment, or (iii) during any time off that is  compensated
31    by  the  State  (such  as vacation, personal, or compensatory
32    time off).
 
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 1        (c)  A State employee shall not be required at  any  time
 2    to  participate  in  any  prohibited  political  activity  in
 3    consideration  for  that  State  employee  being  awarded any
 4    additional compensation or employee benefit, in the form of a
 5    salary adjustment, bonus, compensatory  time  off,  continued
 6    employment, or otherwise.
 7        (d)  A State employee shall not be awarded any additional
 8    compensation  or  employee  benefit,  in the form of a salary
 9    adjustment,   bonus,   compensatory   time   off,   continued
10    employment, or otherwise,  in  consideration  for  the  State
11    employee's   participation   in   any   prohibited  political
12    activity.
13        (e)  Nothing in this Section  prohibits  activities  that
14    are  otherwise  appropriate for a State employee to engage in
15    as a part of his or her official State employment  duties  or
16    activities  that  are  undertaken  by  a  State employee on a
17    voluntary basis as permitted by law.
18        (f)  No person either (i) in a position that  is  subject
19    to  recognized  merit principles of public employment or (ii)
20    in a position the salary for which is paid  in  whole  or  in
21    part  by  federal  funds  and  that is subject to the Federal
22    Standards for a  Merit  System  of  Personnel  Administration
23    applicable  to  grant-in-aid  programs,  shall  be  denied or
24    deprived of State employment or tenure solely because  he  or
25    she  is a member or an officer of a political committee, of a
26    political party, or of a political organization or club.

27        Section 5-20.  Public service announcements.
28        (a)  Except as otherwise provided  in  this  Section,  no
29    public  service  announcement  or  advertisement  that  is on
30    behalf of any State administered program  and  that  contains
31    the  image  or  voice  of any executive branch constitutional
32    officer or member of the General Assembly shall be  broadcast
33    or  aired on radio or television or printed in a newspaper at
 
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 1    any time on or after the date  that  the  officer  or  member
 2    files  his  or her nominating petitions for public office and
 3    for any time thereafter that the officer or member remains  a
 4    candidate for any office.
 5        (b)  This Section does not apply to communications funded
 6    through  expenditures required to be reported under Article 9
 7    of the Election Code.

 8        Section 5-30.  Prohibited offer or promise. An officer or
 9    employee  of  the  executive  or  legislative  branch  or   a
10    candidate  for  an executive or legislative branch office may
11    not promise anything of value related  to  State  government,
12    including  but  not limited to positions in State government,
13    promotions, or  salary  increases,  in  consideration  for  a
14    contribution  to  a  political committee, political party, or
15    other entity that has as one of its  purposes  the  financial
16    support of a candidate for elective office.
17        Nothing  in this Section prevents the making or accepting
18    of voluntary contributions otherwise in accordance with law.

19        Section   5-35.  Contributions   on    State    property.
20    Contributions shall not be intentionally solicited, accepted,
21    offered,  or  made  on State property by public officials, by
22    State  employees,  by  candidates  for  elective  office,  by
23    persons  required  to  be  registered  under   the   Lobbyist
24    Registration Act, or by any officers, employees, or agents of
25    any  political  organization,  except  as  provided  in  this
26    Section. For purposes of this Section, "State property" means
27    any  building  or portion thereof owned or exclusively leased
28    by the State or any State agency at the time the contribution
29    is solicited, offered, accepted, or  made.  "State  property"
30    does  not  however, include any portion of a building that is
31    rented or leased from the State or  any  State  agency  by  a
32    private person or entity.
 
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 1        An inadvertent solicitation, acceptance, offer, or making
 2    of  a contribution is not a violation of this Section so long
 3    as reasonable and  timely  action  is  taken  to  return  the
 4    contribution to its source.
 5        The  provisions  of  this  Section  do  not  apply to the
 6    residences of State officers and employees,  except  that  no
 7    fundraising  events  shall be held at residences owned by the
 8    State or paid for, in whole or in part, with State funds.

 9        Section 5-40.  Fundraising in Sangamon County. Except  as
10    provided in this Section, any executive branch constitutional
11    officer, any candidate for an executive branch constitutional
12    office, any member of the General Assembly, any candidate for
13    the  General  Assembly,  any  political caucus of the General
14    Assembly, or any political committee on behalf of any of  the
15    foregoing  may  not  hold  a fundraising function in Sangamon
16    County on any day the legislature is in  session  (i)  during
17    the  period  beginning  February 1 and ending on the later of
18    the actual adjournment dates of either house  of  the  spring
19    session  and  (ii)  during fall veto session. For purposes of
20    this Section, the legislature is  not  considered  to  be  in
21    session  on a day that is solely a perfunctory session day or
22    on a day when only a committee is meeting.
23        During the period beginning June  1  and  ending  on  the
24    first  day  of fall veto session each year, this Section does
25    not apply to (i) a  member  of  the  General  Assembly  whose
26    legislative  or  representative  district  is entirely within
27    Sangamon County or (ii) a candidate for the General  Assembly
28    from that legislative or representative district.

29        Section 5-45.  Procurement; revolving door prohibition.
30        (a)  No former State employee may, within a period of one
31    year  immediately  after  termination  of  State  employment,
32    knowingly  accept  employment or receive compensation or fees
 
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 1    for services from an employer if  the  employee,  during  the
 2    year  immediately  preceding termination of State employment,
 3    and on behalf of the State or  State  agency,  negotiated  in
 4    whole  or  in  part  one or more contracts with that employer
 5    aggregating $25,000 or more.
 6        (b)  The requirements of this Section may  be  waived  by
 7    the  appropriate  ultimate  jurisdictional  authority  of the
 8    former  State  employee  if  that   ultimate   jurisdictional
 9    authority  finds in writing that the State's negotiations and
10    decisions  regarding  the  procurement  of  the  contract  or
11    contracts were not materially affected by any  potential  for
12    employment of that employee by the employer.
13        (c)  This  Section  applies only to persons who terminate
14    an affected position on or after the effective date  of  this
15    Act.

16                             ARTICLE 15
17                      WHISTLE BLOWER PROTECTION

18        Section 15-5.  Definitions.  In this Article:
19        "Public  body"  means  (1)  any officer, member, or State
20    agency;  (2)  the  federal  government;  (3)  any  local  law
21    enforcement agency or prosecutorial office; (4)  any  federal
22    or  State  judiciary,  grand  or  petit jury, law enforcement
23    agency,  or  prosecutorial  office;  and  (5)  any   officer,
24    employee, department, agency, or other division of any of the
25    foregoing.
26        "Supervisor"  means  an  officer,  a  member,  or a State
27    employee who has the authority to direct and control the work
28    performance of a State employee or who has authority to  take
29    corrective  action regarding any violation of a law, rule, or
30    regulation of which the State employee complains.
31        "Retaliatory  action"  means  the  reprimand,  discharge,
32    suspension, demotion, or denial of promotion or  transfer  of
 
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 1    any State employee in the terms and conditions of employment,
 2    and  that  is  taken  in  retaliation  for a State employee's
 3    involvement in protected activity, as set  forth  in  Section
 4    15-10.

 5        Section 15-10.  Protected activity. An officer, a member,
 6    or  a  State  agency  shall  not  take any retaliatory action
 7    against a State employee because the State employee does  any
 8    of the following:
 9        (1)  Discloses  or  threatens to disclose to a supervisor
10    or to a public body an activity, policy, or practice  of  any
11    officer,  member,  State agency, or other State employee that
12    the State employee reasonably believes is in violation  of  a
13    law, rule, or regulation.
14        (2)  Provides  information  to  or  testifies  before any
15    public body conducting an investigation, hearing, or  inquiry
16    into  any  violation  of  a  law,  rule, or regulation by any
17    officer, member, State agency, or other State employee.
18        (3)  Assists or participates in a proceeding  to  enforce
19    the provisions of this Act.

20        Section  15-20.  Burden  of  proof.  A  violation of this
21    Article may be established only upon a finding that  (i)  the
22    State  employee engaged in conduct described in Section 15-10
23    and (ii) that  conduct  was  a  contributing  factor  in  the
24    retaliatory  action alleged by the State employee.  It is not
25    a violation, however, if it is demonstrated that the officer,
26    member, other State employee,  or  State  agency  would  have
27    taken the same unfavorable personnel action in the absence of
28    that conduct.

29        Section  15-25.  Remedies.  The  State  employee  may  be
30    awarded  all  remedies  necessary  to make the State employee
31    whole and to  prevent  future  violations  of  this  Article.
 
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 1    Remedies  imposed  by  the  court  may  include,  but are not
 2    limited to, all of the following:
 3        (1)  reinstatement of the employee  to  either  the  same
 4    position   held  before  the  retaliatory  action  or  to  an
 5    equivalent position;
 6        (2)  2 times the amount of back pay;
 7        (3)  interest on the back pay; and
 8        (4)  the  reinstatement  of  full  fringe  benefits   and
 9    seniority rights.

10        Section 15-35.  Preemption. Nothing in this Article shall
11    be  deemed to diminish the rights, privileges, or remedies of
12    a State employee under any other federal or State law,  rule,
13    or regulation or under any collective bargaining agreement or
14    employment contract.

15                             ARTICLE 50
16                              PENALTIES

17        Section 50-5.  Penalties.
18        (a)  A  person is guilty of a Class A misdemeanor if that
19    person intentionally violates any provision of Section  5-15,
20    5-30, 5-40, or 5-45 or Article 15.
21        (b)  A person who intentionally violates any provision of
22    Section  5-20 or Section 5-35 is guilty of a business offense
23    subject to a fine of at least $1,001 and up to $5,000.
24        (c)  In addition to any other  penalty  that  may  apply,
25    whether  criminal  or  civil,  a director, a supervisor, or a
26    State employee who intentionally violates  any  provision  of
27    Section  5-15,  5-20,  5-30,  5-35,  or 5-40 or Article 15 is
28    subject  to  discipline  or  discharge  by  the   appropriate
29    ultimate jurisdictional authority.

30                             ARTICLE 70
 
HB3412 Enrolled            -15-      LRB093 10270 JAM 10524 b
 1                        GOVERNMENTAL ENTITIES

 2        Section 70-5. Adoption by governmental entities.
 3        (a)  Within  6  months  after  the effective date of this
 4    Act, each governmental entity shall  adopt  an  ordinance  or
 5    resolution  that  regulates,  in a manner no less restrictive
 6    than Section 5-15 of this Act, the  political  activities  of
 7    officers and employees of the governmental entity.
 8        (b)  The  Attorney General shall develop model ordinances
 9    and resolutions for the purpose of  this  Article  and  shall
10    advise governmental entities on their contents and adoption.
11        (c)  As  used  in this Article, (i) an "officer" means an
12    elected or appointed  official;  regardless  of  whether  the
13    official  is  compensated,  and  (ii)  an  "employee" means a
14    full-time, part-time, or contractual employee.

15        Section  70-10.  Penalties.  A  governmental  entity  may
16    provide in the  ordinance  or  resolution  required  by  this
17    Article  for  penalties similar to those provided in this Act
18    for similar conduct.

19        Section 70-15. Home rule preemption. This  Article  is  a
20    denial  and  limitation  of home rule powers and functions in
21    accordance with subsection (i) of Section 6 of Article VII of
22    the Illinois Constitution. A home rule unit may not  regulate
23    the  political  activities of its officers and employees in a
24    manner less restrictive than the provisions of this Act.

25                             ARTICLE 90
26                        AMENDATORY PROVISIONS

27        Section 90-3.  The Illinois Administrative Procedure  Act
28    is amended by adding Section 5-165 as follows:
 
HB3412 Enrolled            -16-      LRB093 10270 JAM 10524 b
 1        (5 ILCS 100/5-165 new)
 2        Sec. 5-165. Ex parte communications in rulemaking.
 3        (a)  Notwithstanding   any  law  to  the  contrary,  this
 4    Section applies to ex parte communications  made  during  the
 5    rulemaking process.
 6        (b)  "Ex  parte  communication" means any written or oral
 7    communication by any person required to be  registered  under
 8    the  Lobbyist  Registration  Act  to  an agency, agency head,
 9    administrative law judge, or other agency employee during the
10    rulemaking  period  that  imparts  material  information   or
11    argument   regarding  potential  action  concerning  general,
12    emergency, or  peremptory  rulemaking  under  this  Act.  For
13    purposes  of  this Section, the rulemaking period begins upon
14    the commencement of the first notice period with  respect  to
15    general  rulemaking  under Section 5-40, upon the filing of a
16    notice of emergency rulemaking under Section  5-45,  or  upon
17    the  filing  of  a  notice  of  rulemaking  with  respect  to
18    peremptory   rulemaking   under   Section   5-50.  "Ex  parte
19    communication" does not include the following: (i) statements
20    by a person publicly made in a public forum; (ii)  statements
21    regarding  matters  of  procedure  and  practice, such as the
22    format of public comments, the number of copies required, the
23    manner  of  filing  such  comments,  and  the  status  of   a
24    rulemaking  proceeding;  and (iii) statements made by a State
25    official or State employee.
26        (c)  An ex parte communication  received  by  any  agency
27    head,  agency  employee, or administrative law judge shall be
28    made a part of  the  record  of  the  rulemaking  proceeding,
29    including  all  written communications, all written responses
30    to the communications, and a memorandum stating the substance
31    of all oral communications and all  responses  made  and  the
32    identity  of each person from whom the ex parte communication
33    was received.  The disclosure shall also contain the date  of
34    any ex parte communication.
 
HB3412 Enrolled            -17-      LRB093 10270 JAM 10524 b
 1        (5 ILCS 320/Act rep.)
 2        Section 90-6.  The State Employees Political Activity Act
 3    is  repealed on the effective date of the State Officials and
 4    Employees Ethics Act.

 5        Section 90-7.  The Illinois Governmental  Ethics  Act  is
 6    amended by adding Article 3A as follows:

 7        (5 ILCS 420/Art. 3A heading new)

 8                             ARTICLE 3A
 9                       GOVERNMENTAL APPOINTEES

10        (5 ILCS 420/3A-5 new)
11        Sec. 3A-5.  Definitions.  As used in this Article:
12        "Late  term appointee" means a person who is appointed to
13    an office by a Governor  who  does  not  succeed  himself  or
14    herself  as  Governor,  whose appointment requires the advice
15    and consent of the Senate, and whose appointment is confirmed
16    by the Senate  90  or  fewer  days  before  the  end  of  the
17    appointing Governor's term.
18        "Succeeding   Governor"  means  the  Governor  in  office
19    immediately  after  a  Governor  who  appoints  a  late  term
20    appointee.

21        (5 ILCS 420/3A-10 new)
22        Sec. 3A-10.  Late term appointee's  term  of  office.   A
23    late  term  appointee shall serve no longer than the sixtieth
24    day of the term of office of the succeeding Governor.

25        (5 ILCS 420/3A-15 new)
26        Sec. 3A-15.  Vacancy created.  Upon the  earlier  of  the
27    resignation of a late term appointee or the conclusion of the
28    sixtieth  day  of  the  term of the succeeding Governor, that
29    appointed office shall be considered vacant.  The  succeeding
 
HB3412 Enrolled            -18-      LRB093 10270 JAM 10524 b
 1    Governor  may  then make an appointment to fill that vacancy,
 2    regardless of whether the statute that creates the  appointed
 3    office provides for appointment to fill a vacancy.  All other
 4    requirements of law applicable to that appointed office shall
 5    apply  to  the succeeding Governor's appointee, including but
 6    not limited to eligibility, qualifications, and  confirmation
 7    by the Senate.

 8        (5 ILCS 420/3A-20 new)
 9        Sec.  3A-20.  Term  of appointee.  The  term of office of
10    an appointee filling a vacancy created  under  Section  3A-15
11    shall  be  the  term  of  any  appointee filling a vacancy as
12    provided by the statute that creates  the  appointed  office.
13    If  the  statute  that  creates the appointed office does not
14    specify the term to be  served  by  an  appointee  filling  a
15    vacancy, the term of the appointee shall be for the remainder
16    of the term the late term appointee would have otherwise been
17    entitled to fill.

18        (5 ILCS 420/3A-25 new)
19        Sec.  3A-25.  Reappointment.   Nothing  in  this  Article
20    prohibits   a   succeeding   Governor  from  reappointing  an
21    otherwise qualified late term appointee to fill  the  vacancy
22    created under Section 3A-15.

23        (5 ILCS 420/3A-30 new)
24        Sec. 3A-30.  Disclosure.
25        (a)  Upon  appointment to a board, commission, authority,
26    or task force authorized or created by State  law,  a  person
27    must  file  with  the  Secretary of State a disclosure of all
28    contracts the person or his or her spouse or immediate family
29    members living with the person have with the  State  and  all
30    contracts  between  the  State  and  any  entity in which the
31    person or his or  her  spouse  or  immediate  family  members
 
HB3412 Enrolled            -19-      LRB093 10270 JAM 10524 b
 1    living with the person have a majority financial interest.
 2        (b)  Violation  of  this  Section  is  a business offense
 3    punishable by a fine of $1,001.
 4        (c)  The Secretary of State  must  adopt  rules  for  the
 5    implementation    and   administration   of   this   Section.
 6    Disclosures filed under this Section are public records.

 7        (5 ILCS 420/3A-35 new)
 8        Sec. 3A-35.  Conflicts of interests.
 9        (a)  In addition to the provisions of subsection  (a)  of
10    Section  50-13  of  the  Illinois  Procurement  Code,  it  is
11    unlawful  for  an  appointed  member  of a board, commission,
12    authority, or task force authorized or created by  State  law
13    or  by  executive  order  of  the Governor, the spouse of the
14    appointee, or an immediate family  member  of  the  appointee
15    living  in  the  appointee's  residence  to have or acquire a
16    contract or have or acquire a direct pecuniary interest in  a
17    contract   with   the   State  that  relates  to  the  board,
18    commission, authority, or task force of which he or she is an
19    appointee during and for one year after the conclusion of the
20    person's term of office.
21        (b)  If  (i)  a  person  subject  to  subsection  (a)  is
22    entitled  to  receive  more  than  7  1/2%   of   the   total
23    distributable   income   of   a   partnership,   association,
24    corporation,  or  other  business  entity  or  (ii)  a person
25    subject to subsection (a) together with his or her spouse and
26    immediate family members living in  that  person's  residence
27    are  entitled  to receive more than 15%, in the aggregate, of
28    the total distributable income of a partnership, association,
29    corporation, or other business entity then it is unlawful for
30    that partnership, association, corporation, or other business
31    entity to have or acquire a contract or  a  direct  pecuniary
32    interest  in  a  contract prohibited by subsection (a) during
33    and for one year after the conclusion of the person's term of
 
HB3412 Enrolled            -20-      LRB093 10270 JAM 10524 b
 1    office.

 2        Section 90-10.  The Election Code is amended by  changing
 3    Sections  9-1.5, 9-3, 9-4, 9-8.10, 9-8.15, 9-9.5, 9-10, 9-23,
 4    and 9-27.5 and by adding Sections 9-1.14 and 9-30 as follows:

 5        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
 6        Sec. 9-1.5.  Expenditure defined
 7        "Expenditure" means-
 8             (1)  a  payment,   distribution,   purchase,   loan,
 9        advance,  deposit, or gift of money or anything of value,
10        in  connection  with  the  nomination  for  election,  or
11        election, of any person to public office,  in  connection
12        with  the  election  of  any  person  as ward or township
13        committeeman in counties of 3,000,000 or more population,
14        or in connection with  any  question  of  public  policy.
15        "Expenditure"  also  includes  a  payment,  distribution,
16        purchase,  loan,  advance,  deposit,  or gift of money or
17        anything of  value  that  constitutes  an  electioneering
18        communication  regardless of whether the communication is
19        made in concert or cooperation with or  at  the  request,
20        suggestion,   or   knowledge   of   the   candidate,  the
21        candidate's authorized local political committee, a State
22        political committee, or any  of  their  agents.  However,
23        expenditure does not include -
24             (a)  the  use  of  real or personal property and the
25        cost of invitations,  food,  and  beverages,  voluntarily
26        provided by an individual in rendering voluntary personal
27        services  on  the  individual's  residential premises for
28        candidate-related activities; provided the value  of  the
29        service  provided does not exceed an aggregate of $150 in
30        a reporting period;
31             (b)  the sale of any food or beverage  by  a  vendor
32        for  use  in a candidate's campaign at a charge less than
 
HB3412 Enrolled            -21-      LRB093 10270 JAM 10524 b
 1        the normal comparable charge, if such charge for use in a
 2        candidate's campaign is at least equal  to  the  cost  of
 3        such food or beverage to the vendor.
 4        (2)  a transfer of funds between political committees.
 5    (Source: P.A. 89-405, eff. 11-8-95.)

 6        (10 ILCS 5/9-1.14 new)
 7        Sec. 9-1.14.  Electioneering communication defined.
 8        (a)  "Electioneering   communication"   means,   for  the
 9    purposes of this  Article,  any  form  of  communication,  in
10    whatever  medium,  including  but  not limited to, newspaper,
11    radio, television, or Internet communications, that refers to
12    a clearly  identified  candidate,  candidates,  or  political
13    party  and  is  made  within  (i)  60  days  before a general
14    election for the office sought by the candidate  or  (ii)  30
15    days  before a general primary election for the office sought
16    by the candidate.
17        (b)  "Electioneering communication" does not include:
18             (1)  A communication, other than  an  advertisement,
19        appearing  in  a  news  story,  commentary,  or editorial
20        distributed through the facilities of any legitimate news
21        organization,  unless  the  facilities   are   owned   or
22        controlled  by  any political party, political committee,
23        or candidate.
24             (2)  A  communication  made  solely  to  promote   a
25        candidate debate or forum that is made by or on behalf of
26        the person sponsoring the debate or forum.
27             (3)  A  communication made as part of a non-partisan
28        activity designed to encourage individuals to vote or  to
29        register to vote.
30             (4)  A  communication  by  an organization operating
31        and remaining in good standing under Section 501(c)(3) of
32        the Internal Revenue Code of 1986.
 
HB3412 Enrolled            -22-      LRB093 10270 JAM 10524 b
 1        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
 2        Sec. 9-3.  Every  state  political  committee  and  every
 3    local  political committee shall file with the State Board of
 4    Elections, and every local  political  committee  shall  file
 5    with  the county clerk, a statement of organization within 10
 6    business days of the creation of such committee,  except  any
 7    political  committee  created  within  the  30 days before an
 8    election shall file a  statement  of  organization  within  5
 9    business  days.   A  political  committee that acts as both a
10    state political committee and  a  local  political  committee
11    shall  file a copy of each statement of organization with the
12    State Board of Elections and  the  county  clerk.  The  Board
13    shall  impose  a  civil  penalty of $25 per business day upon
14    political committees for failing to file or late filing of  a
15    statement  of organization, except that for committees formed
16    to support candidates for statewide office, the civil penalty
17    shall be $50 per business  day.   Such  penalties  shall  not
18    exceed  $5,000,  and  shall  not exceed $10,000 for statewide
19    office political committees. There shall be no  fine  if  the
20    statement is mailed and postmarked at least 72 hours prior to
21    the filing deadline.
22        In  addition  to  the  civil penalties authorized by this
23    Section, the State Board of Elections or any  other  affected
24    political  committee  may  apply  to  the circuit court for a
25    temporary restraining order or  a  preliminary  or  permanent
26    injunction  against  the  political  committee  to  cease the
27    expenditure of  funds  and  to  cease  operations  until  the
28    statement of organization is filed.
29        For the purpose of this Section, "statewide office" means
30    the   Governor,  Lieutenant  Governor,  Secretary  of  State,
31    Attorney General, State Treasurer, and State Comptroller.
32        The statement of organization shall include -
33        (a)  the name and address of the political committee (the
34    name of the political committee must include the name of  any
 
HB3412 Enrolled            -23-      LRB093 10270 JAM 10524 b
 1    sponsoring entity);
 2        (b)  the  scope,  area  of  activity,  party affiliation,
 3    candidate  affiliation  and  his  county  of  residence,  and
 4    purposes of the political committee;
 5        (c)  the name, address, and position of each custodian of
 6    the committee's books and accounts;
 7        (d)  the name, address, and position of  the  committee's
 8    principal  officers,  including  the chairman, treasurer, and
 9    officers and members of its finance committee, if any;
10        (e)  (Blank);
11        (f)  a statement of what specific disposition of residual
12    fund will  be  made  in  the  event  of  the  dissolution  or
13    termination of the committee;
14        (g)  a   listing   of   all   banks  or  other  financial
15    institutions,   safety   deposit   boxes,   and   any   other
16    repositories or custodians of funds used by the committee;
17        (h)  the  amount  of   funds   available   for   campaign
18    expenditures  as  of  the  filing  date  of  the  committee's
19    statement of organization.
20        For  purposes  of  this Section, a "sponsoring entity" is
21    (i)   any   person,   political   committee,    organization,
22    corporation,  or association that contributes at least 33% of
23    the total funding of the  political  committee  or  (ii)  any
24    person  or  other entity that is registered or is required to
25    register under the Lobbyist Registration Act and  contributes
26    at least 33% of the total funding of the political committee.
27    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

28        (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
29        Sec. 9-4.  The statement of organization required by this
30    Article  to  be filed in accordance with Section 9-3 shall be
31    verified, dated, and signed by either the  treasurer  of  the
32    political  committee making the statement or the candidate on
33    whose  behalf  the  statement  is  made,  and  shall  contain
 
HB3412 Enrolled            -24-      LRB093 10270 JAM 10524 b
 1    substantially the following:
 2                      STATEMENT OF ORGANIZATION
 3        (a)  name and address of the political committee:
 4    .............................................................
 5        (b)  scope,  area   of   activity,   party   affiliation,
 6    candidate  affiliation  and  his  county  of  residence,  and
 7    purposes of the political committee:
 8    .............................................................
 9    .............................................................
10    .............................................................
11    .............................................................
12        (c)  name, address, and position of each custodian of the
13    committee's books and accounts:
14    .............................................................
15    .............................................................
16        (d)  name,  address,  and  position  of  the  committee's
17    principal  officers,  including  the chairman, treasurer, and
18    officers and members of its finance committee, if any:
19    .............................................................
20    .............................................................
21    .............................................................
22        (e)   a  statement  of  what  specific   disposition   of
23    residual  funds  will be made in the event of the dissolution
24    or termination of the committee:
25    .............................................................
26    .............................................................
27        (f)   a  listing  of  all  banks   or   other   financial
28    institutions,   safety   deposit   boxes,   and   any   other
29    repositories or custodians of funds used by the committee:
30    .............................................................
31    .............................................................
32        (g)   the   amount   of   funds  available  for  campaign
33    expenditures  as  of  the  filing  date  of  the  committee's
34    statement of organization:
 
HB3412 Enrolled            -25-      LRB093 10270 JAM 10524 b
 1    .............................................................
 2                            VERIFICATION:
 3        "I declare that this statement of organization (including
 4    any accompanying schedules and statements) has been  examined
 5    by  me  and to the best of my knowledge and belief is a true,
 6    correct and complete statement of organization as required by
 7    Article 9 of The Election Code. I understand that the penalty
 8    for willfully filing a false or  incomplete  statement  is  a
 9    business  offense subject to a fine of at least $1,001 and up
10    to $5,000 shall be a fine not to exceed $500 or  imprisonment
11    in  a  penal  institution  other than the penitentiary not to
12    exceed 6 months, or both fine and imprisonment."
13    ................  ..........................................
14    (date of filing)  (signature of person making the statement)
15    (Source: P.A. 90-495, eff. 1-1-98.)

16        (10 ILCS 5/9-8.10)
17        Sec.  9-8.10.   Use  of  political  committee  and  other
18    reporting organization funds.
19        (a)  A political committee, or  organization  subject  to
20    Section 9-7.5, shall not make expenditures:
21             (1)  In violation of any law of the United States or
22        of this State.
23             (2)  Clearly  in  excess of the fair market value of
24        the services, materials, facilities,  or other things  of
25        value received in exchange.
26             (3)  For  satisfaction  or  repayment  of  any debts
27        other than loans made to the  committee or to the  public
28        official  or  candidate  on  behalf  of  the committee or
29        repayment  of  goods  and  services  purchased   by   the
30        committee  under  a  credit  agreement.   Nothing in this
31        Section authorizes the use of  campaign  funds  to  repay
32        personal  loans.   The  repayments shall be made by check
33        written to  the  person  who  made  the  loan  or  credit
 
HB3412 Enrolled            -26-      LRB093 10270 JAM 10524 b
 1        agreement.   The  terms  and  conditions  of  any loan or
 2        credit agreement to a committee shall be set forth  in  a
 3        written  agreement,  including  but  not  limited  to the
 4        method and amount of repayment, that shall be executed by
 5        the chairman or treasurer of the committee at the time of
 6        the loan or credit  agreement.   The  loan  or  agreement
 7        shall  also  set forth the rate of interest for the loan,
 8        if any, which may not substantially exceed the prevailing
 9        market  interest  rate  at  the  time  the  agreement  is
10        executed.
11             (4)  For the satisfaction or repayment of any  debts
12        or for the payment of any expenses relating to a personal
13        residence.  Campaign  funds may not be used as collateral
14        for home mortgages.
15             (5)  For  clothing  or  personal  laundry  expenses,
16        except clothing items rented by the  public  official  or
17        candidate  for  his  or  her  own  use  exclusively for a
18        specific campaign-related event, provided that committees
19        may  purchase   costumes,   novelty   items,   or   other
20        accessories worn primarily to advertise the candidacy.
21             (6)  For  the  travel  expenses of any person unless
22        the travel is necessary  for  fulfillment  of  political,
23        governmental,  or  public  policy  duties, activities, or
24        purposes.
25             (7)  For  membership  or  club   dues   charged   by
26        organizations,  clubs,  or  facilities that are primarily
27        engaged in providing health,  exercise,  or  recreational
28        services;  provided,  however,  that funds received under
29        this Article may be used to rent the clubs or  facilities
30        for a specific campaign-related event.
31             (8)  In   payment  for  anything  of  value  or  for
32        reimbursement of any expenditure for which any person has
33        been reimbursed by the State or any person. For  purposes
34        of  this  item  (8),  a  per  diem  allowance  is  not  a
 
HB3412 Enrolled            -27-      LRB093 10270 JAM 10524 b
 1        reimbursement.
 2             (9)  For  the purchase of or installment payment for
 3        a  motor  vehicle  unless  the  political  committee  can
 4        demonstrate that purchase of  a  motor  vehicle  is  more
 5        cost-effective  than leasing a motor vehicle as permitted
 6        under this item (9).  A political committee may lease  or
 7        purchase and insure, maintain, and repair a motor vehicle
 8        if  the  vehicle  will  be  used  primarily  for campaign
 9        purposes or for the performance of  governmental  duties.
10        A  committee  shall  not make expenditures for use of the
11        vehicle for non-campaign  or  non-governmental  purposes.
12        Persons  using  vehicles  not  purchased  or  leased by a
13        political committee may be reimbursed for actual  mileage
14        for  the  use of the vehicle for campaign purposes or for
15        the performance of  governmental  duties.    The  mileage
16        reimbursements  shall be made at a rate not to exceed the
17        standard mileage rate method for computation of  business
18        expenses under the Internal Revenue Code.
19             (10)  Directly  for an individual's tuition or other
20        educational  expenses,   except   for   governmental   or
21        political  purposes  directly related to a candidate's or
22        public official's duties and responsibilities.
23             (11)  For payments to a public official or candidate
24        or his or her family member unless for  compensation  for
25        services actually rendered by that person. The provisions
26        of  this  item  (11)  do  not  apply to expenditures by a
27        political committee in an aggregate amount not  exceeding
28        the  amount  of  funds  reported  to and certified by the
29        State Board or county clerk as available as of  June  30,
30        1998,  in  the  semi-annual  report  of contributions and
31        expenditures filed by the  political  committee  for  the
32        period concluding June 30, 1998.
33        (b)  The  Board  shall have the authority to investigate,
34    upon receipt of  a  verified  complaint,  violations  of  the
 
HB3412 Enrolled            -28-      LRB093 10270 JAM 10524 b
 1    provisions of this Section.  The Board may levy a fine on any
 2    person  who knowingly makes expenditures in violation of this
 3    Section and on any person who knowingly makes a malicious and
 4    false accusation of a violation of this  Section.  The  Board
 5    may  act under this subsection only upon the affirmative vote
 6    of at least 5 of its members.  The fine shall not exceed $500
 7    for each expenditure of $500 or less and shall not exceed the
 8    amount of the expenditure  plus  $500  for  each  expenditure
 9    greater  than  $500.  The Board shall also have the authority
10    to render rulings and issue opinions relating  to  compliance
11    with this Section.
12        (c)  Nothing in this Section prohibits the expenditure of
13    funds   of   (i)  a  political  committee  controlled  by  an
14    officeholder or  by  a  candidate  or  (ii)  an  organization
15    subject to Section 9-7.5 to defray the ordinary and necessary
16    expenses   of   an   officeholder   in  connection  with  the
17    performance of governmental duties. For the purposes of  this
18    subsection,  "ordinary  and  necessary expenses" include, but
19    are not limited to, expenses in relation to the operation  of
20    the district office of a member of the General Assembly.
21    (Source: P.A. 90-737, eff. 1-1-99.)

22        (10 ILCS 5/9-8.15)
23        Sec.   9-8.15.    Contributions  on  State  property.  In
24    addition  to  any  other  provision   of   this   Code,   the
25    solicitation,  acceptance, offer, and making of contributions
26    on State  property  by  public  officials,  State  employees,
27    candidates for elective office, and others are subject to the
28    State  Officials  and  Employees  Ethics  Act. If a political
29    committee receives and retains  a  contribution  that  is  in
30    violation   of  Section  5-35  of  the  State  Officials  and
31    Employees Ethics Act, then the State Board may impose a civil
32    penalty upon that political committee in an amount  equal  to
33    100%   of  that  contribution.  Contributions  shall  not  be
 
HB3412 Enrolled            -29-      LRB093 10270 JAM 10524 b
 1    knowingly offered or accepted  on  a  face-to-face  basis  by
 2    public  officials  or  employees  or  by  candidates on State
 3    property except as provided in this Section.
 4        Contributions may be solicited, offered, or  accepted  on
 5    State property on a face-to-face basis by public officials or
 6    employees  or  by candidates at a fundraising event for which
 7    the State property is leased or rented.
 8        Anyone who knowingly offers or accepts  contributions  on
 9    State  property  in  violation of this Section is guilty of a
10    business offense subject to a fine of $5,000, except that for
11    contributions offered or  accepted  for  State  officers  and
12    candidates  and  political  committees  formed  for statewide
13    office, the fine shall not exceed $10,000.  For  the  purpose
14    of this Section, "statewide office" and "State officer" means
15    the   Governor,   Lieutenant   Governor,   Attorney  General,
16    Secretary of State, Comptroller, and Treasurer.
17    (Source: P.A. 90-737, eff. 1-1-99.)

18        (10 ILCS 5/9-9.5)
19        Sec.  9-9.5.  Disclosures  in  political   communications
20    Disclosure  on political literature. Any political committee,
21    organized under the Election Code, that makes an  expenditure
22    for  a  pamphlet,  circular,  handbill, radio, television, or
23    print  advertisement,  or  other  communication  directed  at
24    voters and mentioning the name of a  candidate  in  the  next
25    upcoming election shall ensure that the name of the political
26    committee   paying   for   any  part  of  the  communication,
27    including,  but  not  limited   to,   its   preparation   and
28    distribution,  is identified clearly within the communication
29    as the payor. This Section does not apply to items  that  are
30    too  small  to contain the required disclosure. Any pamphlet,
31    circular,  handbill,  advertisement,   or   other   political
32    literature  that  supports  or  opposes  any public official,
33    candidate for public office, or question of public policy, or
 
HB3412 Enrolled            -30-      LRB093 10270 JAM 10524 b
 1    that would have the effect  of  supporting  or  opposing  any
 2    public  official, candidate for public office, or question of
 3    public policy, shall contain the name of  the  individual  or
 4    organization  that  authorized, caused to be authorized, paid
 5    for, caused to be paid  for,  or  distributed  the  pamphlet,
 6    circular,   handbill,   advertisement,   or  other  political
 7    literature. If the individual  or  organization  includes  an
 8    address, it must be an actual personal or business address of
 9    the individual or business address of the organization.
10    (Source: P.A. 90-737, eff. 1-1-99.)

11        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
12        Sec. 9-10.  Financial reports.
13        (a)  The treasurer of every state political committee and
14    the  treasurer  of every local political committee shall file
15    with the Board, and the treasurer of  every  local  political
16    committee  shall  file  with  the  county  clerk,  reports of
17    campaign contributions, and semi-annual reports  of  campaign
18    contributions  and  expenditures on forms to be prescribed or
19    approved by the Board.   The  treasurer  of  every  political
20    committee that acts as both a state political committee and a
21    local  political  committee  shall file a copy of each report
22    with the State Board  of  Elections  and  the  county  clerk.
23    Entities subject to Section 9-7.5 shall file reports required
24    by  that  Section  at  times provided in this Section and are
25    subject to the penalties provided in this Section.
26        (b)  Reports of campaign contributions shall be filed  no
27    later   than  the  15th  day  next  preceding  each  election
28    including a primary election in  connection  with  which  the
29    political    committee   has   accepted   or   is   accepting
30    contributions or has made or is  making  expenditures.   Such
31    reports  shall  be complete as of the 30th day next preceding
32    each election including a primary election.  The Board  shall
33    assess  a  civil penalty not to exceed $5,000 for a violation
 
HB3412 Enrolled            -31-      LRB093 10270 JAM 10524 b
 1    of this  subsection,  except  that  for  State  officers  and
 2    candidates  and  political  committees  formed  for statewide
 3    office, the civil penalty may not exceed $10,000.  The  fine,
 4    however,  shall  not exceed $500 for a first filing violation
 5    for filing less than 10 days after the deadline. There  shall
 6    be no fine if the report is mailed and postmarked at least 72
 7    hours  prior  to the filing deadline. For the purpose of this
 8    subsection, "statewide office" and "State officer" means  the
 9    Governor, Lieutenant Governor, Attorney General, Secretary of
10    State,  Comptroller,  and  Treasurer.   However, a continuing
11    political committee that neither  accepts  contributions  nor
12    makes  expenditures  on  behalf  of  or  in opposition to any
13    candidate or public question on the  ballot  at  an  election
14    shall   not  be  required  to  file  the  reports  heretofore
15    prescribed but may  file  in  lieu  thereof  a  Statement  of
16    Nonparticipation  in the Election with the Board or the Board
17    and the county clerk.
18        (b-5)  Notwithstanding the provisions of  subsection  (b)
19    and Section 1.25 of the Statute on Statutes, any contribution
20    of more than $500 or more received in the interim between the
21    last  date  of  the  period  covered by the last report filed
22    under subsection (b) prior to the election and  the  date  of
23    the  election  shall  be  filed  with  and  must  actually be
24    received by the State Board of Elections  reported  within  2
25    business  days  after  its  receipt of such contribution. The
26    State Board shall allow filings of reports  of  contributions
27    of  more  than  $500 under this subsection (b-5) by political
28    committees that are not required to file electronically to be
29    made by facsimile  transmission.  For  the  purpose  of  this
30    subsection, a contribution is considered received on the date
31    the  public  official,  candidate, or political committee (or
32    equivalent person in the case of  a  reporting  entity  other
33    than  a  political committee) actually receives it or, in the
34    case of goods or services, 2 business days after the date the
 
HB3412 Enrolled            -32-      LRB093 10270 JAM 10524 b
 1    public official, candidate,  committee,  or  other  reporting
 2    entity  receives  the certification required under subsection
 3    (b) of Section 9-6.  Failure to report each contribution is a
 4    separate  violation  of  this  subsection.   In   the   final
 5    disposition  of  any  matter  by  the  Board  on or after the
 6    effective date of this amendatory Act  of  the  93rd  General
 7    Assembly,  the Board may shall impose fines for violations of
 8    this subsection not to exceed 100% of the total amount of the
 9    contributions that were untimely reported,  but  in  no  case
10    when a fine is imposed shall it be less than 10% of the total
11    amount of the contributions that were untimely reported. When
12    considering  the  amount of the fine to be imposed, the Board
13    shall consider, but is not limited to, the following factors:
14             (1)  whether in the Board's  opinion  the  violation
15        was  committed  inadvertently, negligently, knowingly, or
16        intentionally;
17             (2)  the  number  of  days  the   contribution   was
18        reported late; and
19             (3)  past  violations  of  Sections  9-3 and 9-10 of
20        this Article by the committee.  as follows:
21             (1)  if the political committee's or other reporting
22        entity's total receipts, total expenditures, and  balance
23        remaining  at  the  end of the last reporting period were
24        each $5,000 or less, then $100 per business day  for  the
25        first  violation,  $200  per  business day for the second
26        violation, and $300 per business day for  the  third  and
27        subsequent violations.
28             (2)  if the political committee's or other reporting
29        entity's  total receipts, total expenditures, and balance
30        remaining at the end of the last  reporting  period  were
31        each more than $5,000, then $200 per business day for the
32        first  violation,  $400  per  business day for the second
33        violation, and $600 per business day for  the  third  and
34        subsequent violations.
 
HB3412 Enrolled            -33-      LRB093 10270 JAM 10524 b
 1        (c)  In  addition  to such reports the treasurer of every
 2    political  committee  shall  file  semi-annual   reports   of
 3    campaign  contributions  and  expenditures no later than July
 4    31st, covering the period from January 1st through June  30th
 5    immediately  preceding,  and  no  later  than  January  31st,
 6    covering  the  period  from July 1st through December 31st of
 7    the preceding calendar year.  Reports  of  contributions  and
 8    expenditures  must  be  filed  to  cover  the prescribed time
 9    periods even though no contributions or expenditures may have
10    been received or made during  the  period.  The  Board  shall
11    assess  a  civil penalty not to exceed $5,000 for a violation
12    of this  subsection,  except  that  for  State  officers  and
13    candidates  and  political  committees  formed  for statewide
14    office, the civil penalty may not exceed $10,000.  The  fine,
15    however,  shall  not exceed $500 for a first filing violation
16    for filing less than 10 days after the deadline. There  shall
17    be no fine if the report is mailed and postmarked at least 72
18    hours  prior  to the filing deadline. For the purpose of this
19    subsection, "statewide office" and "State officer" means  the
20    Governor, Lieutenant Governor, Attorney General, Secretary of
21    State, Comptroller, and Treasurer.
22        (d)  A  copy of each report or statement filed under this
23    Article shall be preserved by the  person  filing  it  for  a
24    period of two years from the date of filing.
25    (Source: P.A. 90-737, eff. 1-1-99.)

26        (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
27        Sec. 9-23.  Whenever the Board, pursuant to Section 9-21,
28    has  issued  an order, or has approved a written stipulation,
29    agreed  settlement  or  consent  order,  directing  a  person
30    determined by the Board to be in violation of  any  provision
31    of  this  Article  or  any  regulation adopted thereunder, to
32    cease or correct such violation or otherwise comply with this
33    Article and such person fails or refuses to comply with  such
 
HB3412 Enrolled            -34-      LRB093 10270 JAM 10524 b
 1    order,  stipulation,  settlement  or consent order within the
 2    time specified by  the  Board,  the  Board,  after  affording
 3    notice  and an opportunity for a public hearing, may impose a
 4    civil penalty on such person  in  an  amount  not  to  exceed
 5    $5,000;  except  that  for  State officers and candidates and
 6    political committees formed for statewide office,  the  civil
 7    penalty  may  not  exceed  $10,000.   For the purpose of this
 8    Section, "statewide office" and  "State  officer"  means  the
 9    Governor, Lieutenant Governor, Attorney General, Secretary of
10    State, Comptroller, and Treasurer.
11        Civil  penalties  imposed on any such person by the Board
12    shall be enforceable in the Circuit Court.  The  Board  shall
13    petition  the Court for an order to enforce collection of the
14    penalty and, if the Court finds it has jurisdiction over  the
15    person  against whom the penalty was imposed, the Court shall
16    issue the appropriate order.  Any civil  penalties  collected
17    by the Court shall be forwarded to the State Treasurer.
18        In  addition  to  or in lieu of the imposition of a civil
19    penalty, the board may report such violation and the  failure
20    or  refusal  to  comply  with  the  order of the Board to the
21    Attorney General and the appropriate State's Attorney.
22        The name of a person who has not  paid  a  civil  penalty
23    imposed  against  him  or  her  under  this Section shall not
24    appear upon any ballot for any office in any  election  while
25    the penalty is unpaid.
26    (Source: P.A. 90-737, eff. 1-1-99.)

27        (10 ILCS 5/9-27.5)
28        Sec.  9-27.5.  Fundraising  in  Sangamon County within 50
29    miles of Springfield.  In addition to any other provision  of
30    this  Code,  fundraising events in Sangamon County by certain
31    executive branch officers and candidates, legislative  branch
32    members  and  candidates,  political  caucuses, and political
33    committees are subject to the State Officials  and  Employees
 
HB3412 Enrolled            -35-      LRB093 10270 JAM 10524 b
 1    Ethics  Act.  If a political committee receives and retains a
 2    contribution that is in violation  of  Section  5-40  of  the
 3    State  Officials  and  Employees  Ethics  Act, then the State
 4    Board  may  impose  a  civil  penalty  upon  that   political
 5    committee  in  an  amount equal to 100% of that contribution.
 6    Except as provided in  this  Section,  any  executive  branch
 7    constitutional officer, any candidate for an executive branch
 8    constitutional  office,  any  member of the General Assembly,
 9    any candidate for the General Assembly, any political  caucus
10    of the General Assembly, or any political committee on behalf
11    of  any  of the foregoing may not hold a fundraising function
12    in  or  within  50  miles  of  Springfield  on  any  day  the
13    legislature is in session (i) during the period beginning  90
14    days  before the later of the dates scheduled by either house
15    of the General Assembly for the  adjournment  of  the  spring
16    session  and  ending  on  the later of the actual adjournment
17    dates of either house of the spring session and  (ii)  during
18    fall   veto  session.  For  purposes  of  this  Section,  the
19    legislature is not considered to be in session on a day  that
20    is  solely  a perfunctory session day or on a day when only a
21    committee is meeting.
22        This Section does not  apply  to  members  and  political
23    committees of members of the General Assembly whose districts
24    are  located,  in  whole or in part, in or within 50 miles of
25    Springfield  and  candidates  and  political  committees   of
26    candidates  for  the General Assembly from districts located,
27    in whole or in part, in or within 50  miles  of  Springfield,
28    provided that the fundraising function takes place within the
29    member's or candidate's district.
30    (Source: P.A. 90-737, eff. 1-1-99.)

31        (10 ILCS 5/9-30 new)
32        Sec.  9-30.  Ballot forfeiture.  The name of a person who
33    has not paid a civil penalty imposed against him or her under
 
HB3412 Enrolled            -36-      LRB093 10270 JAM 10524 b
 1    this Article shall not appear upon any ballot for any  office
 2    in any election while the penalty is unpaid.

 3        Section 90-11.  The Personnel Code is amended by changing
 4    Section 8b.6 as follows:

 5        (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
 6        Sec.  8b.6.   For a period of probation not to exceed one
 7    year before appointment or promotion is complete, and  during
 8    which  period  a  probationer  may  with  the  consent of the
 9    Director of Central Management  Services,  be  discharged  or
10    reduced  in  class or rank, or replaced on the eligible list.
11    For a person appointed to a term  appointment  under  Section
12    8b.18  or  8b.19,  the  period of probation shall not be less
13    than 6 months.
14    (Source: P.A. 82-789.)

15        Section 90-12.  The General Assembly  Operations  Act  is
16    amended by changing Sections 4 and 5 as follows:

17        (25 ILCS 10/4) (from Ch. 63, par. 23.4)
18        Sec. 4.  Senate Operations Commission.
19        (a)  There  is  created a Senate Operations Commission to
20    consist of the following: The  President  of  the  Senate,  3
21    Assistant   Majority   Leaders,   the  Minority  Leader,  one
22    Assistant Minority Leader,  and  one  member  of  the  Senate
23    appointed   by  the  President  of  the  Senate.  The  Senate
24    Operations Commission shall have  the  following  powers  and
25    duties:   Commission   shall   have  responsibility  for  the
26    operation of the Senate in relation to the  Senate  Chambers,
27    Senate  offices,  committee  rooms  and  all  other rooms and
28    physical  facilities  used  by  the  Senate,  all  equipment,
29    furniture, and supplies used by the  Senate.  The  Commission
30    shall  have  the authority to hire all professional staff and
 
HB3412 Enrolled            -37-      LRB093 10270 JAM 10524 b
 1    employees necessary for the proper operation  of  the  Senate
 2    and  authority  to  receive and expend appropriations for the
 3    purposes set forth in this Act whether the  General  Assembly
 4    be in session or not. Professional staff and employees may be
 5    employed  as  full-time  employees,  part-time  employees, or
 6    contractual employees. The  Secretary  of  the  Senate  shall
 7    serve   as   Secretary  and  Administrative  Officer  of  the
 8    Commission. Pursuant to the policies  and  direction  of  the
 9    Commission,   he   shall   have  direct  supervision  of  all
10    equipment, furniture, and supplies used by the Senate.
11        (b)  The Senate Operations  Commission  shall  adopt  and
12    implement  personnel  policies  for  professional  staff  and
13    employees  under  its jurisdiction and control as required by
14    the State Officials and Employees Ethics Act.
15    (Source: P.A. 78-7.)

16        (25 ILCS 10/5) (from Ch. 63, par. 23.5)
17        Sec. 5.  Speaker of the House; operations, employees, and
18    expenditures.
19        (a)  The Speaker of the House  of  Representatives  shall
20    have  responsibility  for  the  operation  of  the  House  in
21    relation  to  the  House  Chambers,  House offices, committee
22    rooms and all other rooms and physical facilities used by the
23    House, all equipment, furniture, and  supplies  used  by  the
24    House. The Speaker of the House of Representatives shall have
25    the  authority  to  hire all professional staff and employees
26    necessary for the proper operation of the House. Professional
27    staff and employees may be employed as  full-time  employees,
28    part-time employees, or contractual employees. The Speaker of
29    the  House  of  Representatives  shall  have the authority to
30    receive and expend appropriations for the purposes set  forth
31    in  this  Act  whether  the General Assembly be in session or
32    not.
33        (b)  The Speaker of the House  of  Representatives  shall
 
HB3412 Enrolled            -38-      LRB093 10270 JAM 10524 b
 1    adopt and implement personnel policies for professional staff
 2    and  employees  under  his or her jurisdiction and control as
 3    required by the State Officials and Employees Ethics Act.
 4    (Source: Laws 1967, p. 1214.)

 5        Section 90-15.  The General Assembly Compensation Act  is
 6    amended by changing Section 4 as follows:

 7        (25 ILCS 115/4) (from Ch. 63, par. 15.1)
 8        Sec.  4.  Office allowance.  Beginning July 1, 2001, each
 9    member of the  House  of  Representatives  is  authorized  to
10    approve the expenditure of not more than $61,000 per year and
11    each  member  of  the  Senate  is  authorized  to approve the
12    expenditure of not more than $73,000  per  year  to  pay  for
13    "personal  services",  "contractual services", "commodities",
14    "printing", "travel", "operation  of  automotive  equipment",
15    "telecommunications   services",  as  defined  in  the  State
16    Finance Act, and the compensation of one or more  legislative
17    assistants authorized pursuant to this Section, in connection
18    with his or her legislative duties and not in connection with
19    any political campaign. On July 1, 2002 and on July 1 of each
20    year  thereafter,  the  amount authorized per year under this
21    Section for each member of the Senate and each member of  the
22    House  of  Representatives shall be increased by a percentage
23    increase equivalent to the lesser of (i) the increase in  the
24    designated  cost  of living index or (ii) 5%.  The designated
25    cost of living index is the index known  as  the  "Employment
26    Cost  Index,  Wages  and Salaries, By Occupation and Industry
27    Groups:  State   and   Local   Government   Workers:   Public
28    Administration"   as   published   by  the  Bureau  of  Labor
29    Statistics of the U.S. Department of Labor for  the  calendar
30    year  immediately  preceding  the year of the respective July
31    1st increase date.  The increase shall be added to  the  then
32    current  amount,  and the adjusted amount so determined shall
 
HB3412 Enrolled            -39-      LRB093 10270 JAM 10524 b
 1    be the annual amount beginning July 1 of  the  increase  year
 2    until  July  1  of  the  next  year.   No increase under this
 3    provision shall be less than zero.
 4        A member may purchase  office  equipment  if  the  member
 5    certifies  to the Secretary of the Senate or the Clerk of the
 6    House, as applicable, that the purchase price,  whether  paid
 7    in  lump  sum  or installments, amounts to less than would be
 8    charged  for  renting  or  leasing  the  equipment  over  its
 9    anticipated  useful  life.   All  such  equipment   must   be
10    purchased through the Secretary of the Senate or the Clerk of
11    the  House,  as  applicable,  for  proper  identification and
12    verification of purchase.
13        Each member of the  General  Assembly  is  authorized  to
14    employ  one  or  more  legislative  assistants,  who shall be
15    solely under the direction and control of  that  member,  for
16    the purpose of assisting the member in the performance of his
17    or  her  official  duties.   A  legislative  assistant may be
18    employed pursuant to this Section as  a  full-time  employee,
19    part-time  employee,  or  contractual  employee  either under
20    contract or as a State employee, at  the  discretion  of  the
21    member.   If  employed  as  a  State  employee, a legislative
22    assistant shall receive employment benefits on the same terms
23    and conditions that apply to other employees of  the  General
24    Assembly.  Each  member  shall  adopt and implement personnel
25    policies  for  legislative  assistants  under  his   or   her
26    direction  and  control  relating  to work time requirements,
27    documentation for reimbursement for travel on official  State
28    business,  compensation, and the earning and accrual of State
29    benefits for those legislative assistants who may be eligible
30    to receive those benefits. The policies  shall  also  require
31    legislative  assistants  to  periodically  submit time sheets
32    documenting, in quarter-hour increments, the time spent  each
33    day  on  official State business.  The policies shall require
34    the time sheets to be submitted on paper, electronically,  or
 
HB3412 Enrolled            -40-      LRB093 10270 JAM 10524 b
 1    both  and  to  be  maintained  in  either paper or electronic
 2    format by the applicable fiscal office for  a  period  of  at
 3    least  2  years.  Contractual  employees may satisfy the time
 4    sheets requirement by  complying  with  the  terms  of  their
 5    contract,  which shall provide for a means of compliance with
 6    this requirement.  A member may satisfy the  requirements  of
 7    this  paragraph  by  adopting  and implementing the personnel
 8    policies promulgated  by  that  member's  legislative  leader
 9    under  the  State  Officials  and  Employees  Ethics Act with
10    respect to that member's legislative assistants.
11        As used in this  Section  the  term  "personal  services"
12    shall  include  contributions  of the State under the Federal
13    Insurance Contribution  Act  and  under  Article  14  of  the
14    Illinois  Pension  Code.   As  used  in this Section the term
15    "contractual services" shall not include improvements to real
16    property unless those improvements are the obligation of  the
17    lessee under the lease agreement.  Beginning July 1, 1989, as
18    used  in  the  Section, the term "travel" shall be limited to
19    travel in connection with a member's legislative  duties  and
20    not  in connection with any political campaign.  Beginning on
21    the effective date of this amendatory Act of the 93rd General
22    Assembly July 1, 1989, as used  in  this  Section,  the  term
23    "printing"  includes,  but  is  not  limited to, newsletters,
24    brochures, certificates, congratulatory  mailings,  including
25    but  not limited to greeting or welcome messages, anniversary
26    or  birthday  cards,  and   congratulations   for   prominent
27    achievement  cards.   As  used  in  this  Section,  the  term
28    "printing"  includes  fees  for  non-substantive  resolutions
29    charged  by  the  Clerk of the House of Representatives under
30    subsection (c-5) of Section 1 of  the  Legislative  Materials
31    Act.  No newsletter or brochure that is paid for, in whole or
32    in part, with  funds  provided  under  this  Section  may  be
33    printed or mailed during a period beginning February 1 of the
34    year  of  a general primary election and ending the day after
 
HB3412 Enrolled            -41-      LRB093 10270 JAM 10524 b
 1    the general primary election and during  a  period  beginning
 2    September  1 of the year of a general election and ending the
 3    day after the general election. Nothing in this Section shall
 4    be construed to authorize expenditures for lodging and  meals
 5    while  a  member  is in attendance at sessions of the General
 6    Assembly.
 7        Any utility bill  for  service  provided  to  a  member's
 8    district   office  for  a  period  including  portions  of  2
 9    consecutive fiscal years may be paid from funds  appropriated
10    for such expenditure in either fiscal year.
11        If   a  vacancy  occurs  in  the  office  of  Senator  or
12    Representative in the General Assembly, any office  equipment
13    in  the  possession  of the vacating member shall transfer to
14    the member's successor; if the successor does not  want  such
15    equipment,  it  shall  be transferred to the Secretary of the
16    Senate or Clerk of the House of Representatives, as the  case
17    may  be,  and  if  not wanted by other members of the General
18    Assembly  then  to  the  Department  of  Central   Management
19    Services  for  treatment  as surplus property under the State
20    Property Control Act.  Each member, on or before June 30th of
21    each year,  shall  conduct  an  inventory  of  all  equipment
22    purchased  pursuant  to  this  Act.   Such inventory shall be
23    filed with the Secretary of the Senate or the  Clerk  of  the
24    House,  as  the  case may be.  Whenever a vacancy occurs, the
25    Secretary of the Senate or the Clerk of  the  House,  as  the
26    case   may  be,  shall  conduct  an  inventory  of  equipment
27    purchased.
28        In the event that a member leaves office  during  his  or
29    her  term,  any  unexpended  or  unobligated  portion  of the
30    allowance  granted  under  this  Section  shall  lapse.   The
31    vacating member's successor shall be granted an allowance  in
32    an  amount,  rounded  to  the  nearest  dollar,  computed  by
33    dividing  the  annual  allowance  by  365 and multiplying the
34    quotient by the number of days remaining in the fiscal year.
 
HB3412 Enrolled            -42-      LRB093 10270 JAM 10524 b
 1        From any appropriation for the purposes of  this  Section
 2    for  a  fiscal  year  which overlaps 2 General Assemblies, no
 3    more than 1/2 of the annual allowance per member may be spent
 4    or encumbered  by  any  member  of  either  the  outgoing  or
 5    incoming  General  Assembly,  except  that  any member of the
 6    incoming General Assembly who was a member  of  the  outgoing
 7    General  Assembly  may  encumber  or spend any portion of his
 8    annual allowance within the fiscal year.
 9        The appropriation for the annual allowances permitted  by
10    this  Section  shall  be  included in an appropriation to the
11    President of the Senate and to the Speaker of  the  House  of
12    Representatives  for their respective members.  The President
13    of the Senate and the Speaker of the House shall voucher  for
14    payment  individual  members'  expenditures from their annual
15    office allowances to the State Comptroller,  subject  to  the
16    authority  of  the  Comptroller  under Section 9 of the State
17    Comptroller Act.
18    (Source: P.A. 90-569, eff. 1-28-98; 91-952, eff. 7-1-01.)

19        Section 90-20.  The Legislative Commission Reorganization
20    Act of 1984 is amended by adding Section 9-2.5 as follows:

21        (25 ILCS 130/9-2.5 new)
22        Sec. 9-2.5. Newsletters and brochures.   The  Legislative
23    Printing  Unit  may  not  print for any member of the General
24    Assembly any  newsletters  or  brochures  during  the  period
25    beginning  February  1  of  the  year  of  a  general primary
26    election  and  ending  the  day  after  the  general  primary
27    election and during a period beginning  September  1  of  the
28    year  of  a  general  election  and  ending the day after the
29    general election. A member of the General  Assembly  may  not
30    mail,  during  a period beginning February 1 of the year of a
31    general primary election and ending the day after the general
32    primary election and during a period beginning September 1 of
 
HB3412 Enrolled            -43-      LRB093 10270 JAM 10524 b
 1    the year of a general election and ending the day  after  the
 2    general  election,  any  newsletters  or  brochures that were
 3    printed, at any time, by the Legislative Printing Unit.

 4        Section 90-25.  The General Assembly Staff Assistants Act
 5    is amended by changing Sections 1a and 2 as follows:

 6        (25 ILCS 160/1a) (from Ch. 63, par. 131.1)
 7        Sec. 1a.  Staff assistants; employment; allocation. There
 8    shall be such staff assistants for the  General  Assembly  as
 9    necessary.   Staff  assistants  may  be employed as full-time
10    employees, part-time employees, or contractual employees.  Of
11    the staff assistants so provided, one half the  total  number
12    shall  be  for  the  Senate  and  one  half  for the House of
13    Representatives. Of the assistants provided for  the  Senate,
14    one half shall be designated by the President and one half by
15    the minority leader. Of the assistants provided for the House
16    of  Representatives,  one  half  shall  be  designated by the
17    Speaker and one half by the minority leader.
18    (Source: P.A. 78-4.)

19        (25 ILCS 160/2) (from Ch. 63, par. 132)
20        Sec. 2.  Staff assistants; assignments.
21        (a)  During  the  period  the  General  Assembly  is   in
22    session,  the  staff  assistants  shall  be  assigned  by the
23    legislative leadership of the respective parties  to  perform
24    research  and  render other assistance to the members of that
25    party on such committees as may be designated.
26        (b)  During the period when the General Assembly  is  not
27    in  session, the staff assistants shall perform such services
28    as may be assigned by the President and  Minority  Leader  of
29    the  Senate  and the Speaker and Minority Leader of the House
30    of Representatives party leadership.
31        (c)  The President and Minority Leader of the Senate  and
 
HB3412 Enrolled            -44-      LRB093 10270 JAM 10524 b
 1    the   Speaker   and   Minority   Leader   of   the  House  of
 2    Representatives shall  each  adopt  and  implement  personnel
 3    policies   for   staff   assistants  under  their  respective
 4    jurisdiction and control as required by the  State  Officials
 5    and Employees Ethics Act.
 6    (Source: Laws 1967, p. 280.)

 7        Section  90-30.  The Lobbyist Registration Act is amended
 8    by adding Section 3.1 and changing Sections 3, 5, 6, 6.5, and
 9    7 as follows:

10        (25 ILCS 170/3) (from Ch. 63, par. 173)
11        Sec. 3. Persons required to register.
12        (a)  Except  as  provided  in  Sections  4  and  9,   the
13    following  persons shall register with the Secretary of State
14    as provided herein:
15             (1)   Any person who, for compensation or otherwise,
16        either individually or  as  an  employee  or  contractual
17        employee  of  another  person,  undertakes  to  influence
18        executive, legislative or administrative action.
19             (2)   Any  person who employs another person for the
20        purposes  of  influencing   executive,   legislative   or
21        administrative action.
22        (b)  It  is a violation of this Act to engage in lobbying
23    or to employ any person for the purpose of  lobbying  who  is
24    not  registered  with  the  Office of the Secretary of State,
25    except upon condition that the person register and the person
26    does in fact register within  2  business  days  after  being
27    employed or retained for lobbying services 10 working days of
28    an agreement to conduct any lobbying activity.
29    (Source: P.A. 88-187.)

30        (25 ILCS 170/3.1 new)
31        Sec.   3.1.  Prohibition   on   serving   on  boards  and
 
HB3412 Enrolled            -45-      LRB093 10270 JAM 10524 b
 1    commissions.  Notwithstanding any other law of this State,  a
 2    person required to be registered under this Act may not serve
 3    on  a  board, commission, authority, or task force authorized
 4    or created  by  State  law  or  by  executive  order  of  the
 5    Governor;  except that this restriction does not apply to any
 6    of the following:
 7             (1)  a registered lobbyist serving  in  an  elective
 8        public  office,  whether  elected  or appointed to fill a
 9        vacancy; and
10             (2)  a  registered  lobbyist  serving  on  a   State
11        advisory body that makes nonbinding recommendations to an
12        agency  of  State  government  but  does not make binding
13        recommendations  or  determinations  or  take  any  other
14        substantive action.

15        (25 ILCS 170/5) (from Ch. 63, par. 175)
16        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
17    person required to register under Section 3  shall  each  and
18    every  year,  or  before  any such service is performed which
19    requires the person to register, but in any event  not  later
20    than 2 business days after being employed or retained, and on
21    or before each January 31 and July 31 thereafter, file in the
22    Office   of  the  Secretary  of  State  a  written  statement
23    containing the following information  with  respect  to  each
24    person  or  entity employing or retaining the person required
25    to register:
26             (a)  The registrant's name, and  permanent  address,
27        e-mail  address,  if  any,  fax  number, if any, business
28        telephone  number,  and   temporary   address,   if   the
29        registrant  has a temporary address while lobbying of the
30        registrant.
31             (a-5)  If  the  registrant  is  an  organization  or
32        business   entity,   the   information   required   under
33        subsection  (a)  for  each  person  associated  with  the
 
HB3412 Enrolled            -46-      LRB093 10270 JAM 10524 b
 1        registrant who will be lobbying,  regardless  of  whether
 2        lobbying is a significant part of his or her duties.
 3             (b)  The  name  and address of the person or persons
 4        employing  or  retaining  registrant  to   perform   such
 5        services or on whose behalf the registrant appears.
 6             (c)  A   brief   description   of   the   executive,
 7        legislative,  or  administrative  action  in reference to
 8        which such service is to be rendered.
 9             (c-5)  Each executive and legislative branch  agency
10        the  registrant  expects to lobby during the registration
11        period.
12             (c-6)  The  nature  of  the  client's  business,  by
13        indicating all of the following  categories  that  apply:
14        (1)  banking  and  financial services, (2) manufacturing,
15        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
16        insurance, (7) community interests, (8) labor, (9) public
17        relations or advertising, (10) marketing or  sales,  (11)
18        hospitality,   (12)   engineering,  (13)  information  or
19        technology products or services,  (14)  social  services,
20        (15) public utilities, (16) racing or wagering, (17) real
21        estate  or  construction,  (18)  telecommunications, (19)
22        trade  or  professional  association,  (20)   travel   or
23        tourism,  (21)  transportation,  and  (22) other (setting
24        forth the nature of that other business).
25        The registrant must file an amendment  to  the  statement
26    within  14  calendar days to report any substantial change or
27    addition to the information previously filed, except  that  a
28    registrant  must  file  an  amendment  to  the  statement  to
29    disclose  a  new  agreement  to  retain  the  registrant  for
30    lobbying  services  before  any  service  is  performed which
31    requires the person to register, but in any event  not  later
32    than  2  business  days  after  entering  into  the  retainer
33    agreement.
34        Not later than 12 months after the effective date of this
 
HB3412 Enrolled            -47-      LRB093 10270 JAM 10524 b
 1    amendatory  Act  of  the  93rd  General  Assembly, or as soon
 2    thereafter as the Secretary of State  has  provided  adequate
 3    software  to the persons required to file, all statements and
 4    amendments to statements required to be filed shall be  filed
 5    electronically.  The  Secretary  of State shall promptly make
 6    all filed statements and amendments  to  statements  publicly
 7    available   by   means  of  a  searchable  database  that  is
 8    accessible through the World Wide Web. The Secretary of State
 9    shall provide all software  necessary  to  comply  with  this
10    provision  to  all persons required to file. The Secretary of
11    State shall implement a plan to provide computer  access  and
12    assistance to persons required to file electronically.
13        Persons  required to register under this Act shall, on an
14    annual basis, remit a single, annual and  nonrefundable  $100
15    $50  registration  fee  and  a  picture  of the registrant. A
16    registrant may, in lieu of submitting a picture on an  annual
17    basis,  authorize  the  Secretary  of  State to use any photo
18    identification available in any database  maintained  by  the
19    Secretary  of  State  for  other  purposes. All fees shall be
20    deposited into the Lobbyist Registration Administration  Fund
21    for  administration and enforcement of this Act. The increase
22    in the fee from $50 to $100 by this  amendatory  Act  of  the
23    93rd General Assembly is intended to be used to implement and
24    maintain  electronic  filing of reports under this Act and is
25    in addition to any other fee increase enacted by the 93rd  or
26    any subsequent General Assembly.
27    (Source: P.A. 88-187.)

28        (25 ILCS 170/6) (from Ch. 63, par. 176)
29        Sec. 6. Reports.
30        (a)  Except  as otherwise provided in this Section, every
31    person required to register as prescribed in Section 3  shall
32    report,  verified under oath pursuant to Section 1-109 of the
33    Code of Civil  Procedure,  to  the  Secretary  of  State  all
 
HB3412 Enrolled            -48-      LRB093 10270 JAM 10524 b
 1    expenditures for lobbying made or incurred by the lobbyist on
 2    his  behalf or the behalf of his employer.  In the case where
 3    an individual is solely employed by another person to perform
 4    job related functions any part of  which  includes  lobbying,
 5    the  employer shall be responsible for reporting all lobbying
 6    expenditures incurred on the employer's behalf  as  shall  be
 7    identified  by  the  lobbyist  to the employer preceding such
 8    report.  Persons who contract with another person to  perform
 9    lobbying  activities  shall  be responsible for reporting all
10    lobbying expenditures incurred on the employer's behalf.  Any
11    additional  lobbying  expenses incurred by the employer which
12    are separate and apart from those incurred by the contractual
13    employee shall be reported by the employer.
14        (b)  The report shall itemize each individual expenditure
15    or transaction over $100 and shall include the  name  of  the
16    official  on  whose behalf the expenditure was made, the name
17    of the client on whose behalf the expenditure was  made,  the
18    total  amount  of  the  expenditure,  the  date  on which the
19    expenditure occurred and the subject matter of  the  lobbying
20    activity, if any.
21        Expenditures  attributable to lobbying officials shall be
22    listed and reported according to the following categories:
23             (1)  travel and lodging on behalf of others.
24             (2)  meals, beverages and other entertainment.
25             (3)  gifts.
26             (4)  honoraria.
27        Individual  expenditures  required  to  be  reported   as
28    described  herein  which  are  equal  to or less than $100 in
29    value need not be itemized but are required to be categorized
30    and reported by officials in an aggregate total in  a  manner
31    prescribed by rule of the Secretary of State.
32        Expenditures  incurred  for  hosting receptions, benefits
33    and other large gatherings held for purposes of  goodwill  or
34    otherwise    to    influence    executive,   legislative   or
 
HB3412 Enrolled            -49-      LRB093 10270 JAM 10524 b
 1    administrative action to which there are  25  or  more  State
 2    officials  invited  shall  be reported listing only the total
 3    amount of the expenditure, the date of  the  event,  and  the
 4    estimated number of officials in attendance.
 5        Each individual expenditure required to be reported shall
 6    include all expenses made for or on behalf of State officials
 7    and members of the immediate family of those persons.
 8        The  category  travel  and  lodging  includes, but is not
 9    limited to, all travel and living accommodations made for  or
10    on  behalf  of State officials in the capital during sessions
11    of the General Assembly.
12        Reasonable  and  bona  fide  expenditures  made  by   the
13    registrant  who  is  a member of a legislative or State study
14    commission or committee while attending and participating  in
15    meetings  and  hearings  of such commission or committee need
16    not be reported.
17        Reasonable  and  bona  fide  expenditures  made  by   the
18    registrant  for  personal sustenance, lodging, travel, office
19    expenses and clerical or support staff need not be reported.
20        Salaries,  fees,  and  other  compensation  paid  to  the
21    registrant for the purposes of lobbying need not be reported.
22        Any contributions required to be reported under Article 9
23    of the Election Code need not be reported.
24        The report shall include: (1)  the  name  of  each  State
25    government  entity lobbied; (2) whether the lobbying involved
26    executive,  legislative,  or  administrative  action,  or   a
27    combination;  (3)  the names of the persons who performed the
28    lobbyist  services;  and  (4)  a  brief  description  of  the
29    legislative, executive, or administrative action involved.
30        Except as otherwise provided in  this  subsection,  gifts
31    and honoraria returned or reimbursed to the registrant within
32    30 days of the date of receipt shall need not be reported.
33        A  gift  or  honorarium  returned  or  reimbursed  to the
34    registrant within 10 days after the official receives a  copy
 
HB3412 Enrolled            -50-      LRB093 10270 JAM 10524 b
 1    of  a report pursuant to Section 6.5 shall not be included in
 2    the final report unless the registrant informed the official,
 3    contemporaneously with the receipt of the gift or honorarium,
 4    that the gift  or  honorarium  is  a  reportable  expenditure
 5    pursuant to this Act.
 6        (c)  Reports  under  this  Section shall be filed by July
 7    31, for expenditures from the previous January 1 through  the
 8    later  of  June  30  or  the final day of the regular General
 9    Assembly session, and by January 31,  for  expenditures  from
10    the entire previous calendar year.
11        Registrants  who made no reportable expenditures during a
12    reporting  period  shall  file  a  report  stating  that   no
13    expenditures  were  incurred.  Such reports shall be filed in
14    accordance  with  the  deadlines  as   prescribed   in   this
15    subsection.
16        A  registrant  who  terminates employment or duties which
17    required him to  register  under  this  Act  shall  give  the
18    Secretary  of  State,  within  30 days after the date of such
19    termination, written notice of  such  termination  and  shall
20    include  therewith  a  report  of  the expenditures described
21    herein, covering the period of time since the filing  of  his
22    last  report  to  the date of termination of employment. Such
23    notice and report shall be final and relieve such  registrant
24    of  further  reporting  under  this  Act, unless and until he
25    later takes employment or assumes  duties  requiring  him  to
26    again register under this Act.
27        (d)  Failure  to  file  any  such  report within the time
28    designated or the reporting of incomplete  information  shall
29    constitute a violation of this Act.
30        A  registrant  shall preserve for a period of 2 years all
31    receipts and records used in  preparing  reports  under  this
32    Act.
33        (e)  Within 30 days after a filing deadline, the lobbyist
34    shall notify each official on whose behalf an expenditure has
 
HB3412 Enrolled            -51-      LRB093 10270 JAM 10524 b
 1    been  reported.   Notification  shall include the name of the
 2    registrant, the total amount of the expenditure, the date  on
 3    which the expenditure occurred, and the subject matter of the
 4    lobbying activity.
 5    (Source: P.A. 90-78, eff. 1-1-98.)

 6        (25 ILCS 170/6.5)
 7        Sec. 6.5.  Response to report by official.
 8        (a)  Every  person  required to register as prescribed in
 9    Section 3 and required to file a report with the Secretary of
10    State as prescribed in Section 6  shall,  at  least  25  days
11    before  the deadline for filing the report, provide a copy of
12    the report to each official listed in  the  report  by  first
13    class mail or hand delivery.  An official may, within 10 days
14    after  receiving  the  copy  of  the  report, provide written
15    objections to the report by first class mail or hand delivery
16    to the person required to file the report.  If those  written
17    objections  conflict with the final report that is filed, the
18    written objections shall be filed along with the report.
19        (b)  Failure to provide  a  copy  of  the  report  to  an
20    official  listed  in the report within the time designated in
21    this Section is a violation of this Act.
22    (Source: P.A. 90-737, eff. 1-1-99.)

23        (25 ILCS 170/7) (from Ch. 63, par. 177)
24        Sec. 7. Duties of the Secretary of State.
25        It shall be the duty of the Secretary of State to provide
26    appropriate forms  for  the  registration  and  reporting  of
27    information   required   by   this   Act  and  to  keep  such
28    registrations and reports on file in his office for  3  years
29    from the date of filing. He shall also provide and maintain a
30    register  with  appropriate  blanks  and  indexes so that the
31    information required in Sections 5 and 6 of this Act  may  be
32    accordingly  entered. Such records shall be considered public
 
HB3412 Enrolled            -52-      LRB093 10270 JAM 10524 b
 1    information and open to public inspection.
 2        A report filed under this Act is due in the Office of the
 3    Secretary of State no later than the close of business on the
 4    date on which it is required to be filed.
 5        Within 10 days after a filing deadline, the Secretary  of
 6    State shall notify persons he determines are required to file
 7    but have failed to do so.
 8        Not later than 12 months after the effective date of this
 9    amendatory  Act  of  the  93rd  General  Assembly, or as soon
10    thereafter as the Secretary of State  has  provided  adequate
11    software  to  the  persons  required  to  file,  all  reports
12    required  under  this  Act shall be filed electronically. The
13    Secretary of State shall  promptly  make  all  filed  reports
14    publicly  available by means of a searchable database that is
15    accessible through the World Wide Web. The Secretary of State
16    shall provide all software  necessary  to  comply  with  this
17    provision  to  all persons required to file. The Secretary of
18    State shall implement a plan to provide computer  access  and
19    assistance to persons required to file electronically.
20        Not later than 12 months after the effective date of this
21    amendatory Act of the 93rd General Assembly, the Secretary of
22    State  shall include registrants' pictures when publishing or
23    posting on his or her website  the  information  required  in
24    Section 5.
25    (Source: P.A. 88-187.)

26        Section  90-35.  The Illinois Procurement Code is amended
27    by changing Sections 50-13 and 50-30 as follows:

28        (30 ILCS 500/50-13)
29        Sec. 50-13.  Conflicts of interest.
30        (a)  Prohibition.  It is unlawful for any person  holding
31    an  elective  office  in  this  State,  holding a seat in the
32    General Assembly, or appointed to or employed in any  of  the
 
HB3412 Enrolled            -53-      LRB093 10270 JAM 10524 b
 1    offices  or  agencies  of  State  government and who receives
 2    compensation for such employment in  excess  of  60%  of  the
 3    salary of the Governor of the State of Illinois, or who is an
 4    officer  or  employee of the Capital Development Board or the
 5    Illinois Toll Highway Authority, or  who  is  the  spouse  or
 6    minor  child  of  any  such  person  to  have  or acquire any
 7    contract, or any direct pecuniary interest  in  any  contract
 8    therein,  whether  for  stationery,  printing,  paper, or any
 9    services, materials, or supplies,  that  will  be  wholly  or
10    partially  satisfied  by the payment of funds appropriated by
11    the General Assembly of the  State  of  Illinois  or  in  any
12    contract  of  the  Capital  Development Board or the Illinois
13    Toll Highway Authority.
14        (b)  Interests.    It   is   unlawful   for   any   firm,
15    partnership, association, or corporation, in which any person
16    listed in subsection (a) is entitled to receive (i) more than
17    7 1/2% of the total distributable income or (ii) an amount in
18    excess of the salary of the Governor, to have or acquire  any
19    such contract or direct pecuniary interest therein.
20        (c)  Combined  interests.   It  is unlawful for any firm,
21    partnership, association, or corporation, in which any person
22    listed in subsection (a) together with his or her  spouse  or
23    minor  children  is entitled to receive (i) more than 15%, in
24    the aggregate, of the total distributable income or  (ii)  an
25    amount  in  excess  of 2 times the salary of the Governor, to
26    have  or  acquire  any  such  contract  or  direct  pecuniary
27    interest therein.
28        (c-5)  Appointees  and  firms.   In   addition   to   any
29    provisions  of this Code, the interests of certain appointees
30    and their firms are subject to Section 3A-35 of the  Illinois
31    Governmental Ethics Act.
32        (d)  Securities.  Nothing in this Section invalidates the
33    provisions  of  any bond or other security previously offered
34    or to be offered for sale or sold by  or  for  the  State  of
 
HB3412 Enrolled            -54-      LRB093 10270 JAM 10524 b
 1    Illinois.
 2        (e)  Prior  interests.   This Section does not affect the
 3    validity of any  contract  made  between  the  State  and  an
 4    officer  or  employee  of  the State or member of the General
 5    Assembly, his or her spouse, minor child, or other  immediate
 6    family   member  living  in  his  or  her  residence  or  any
 7    combination  of  those  persons  if  that  contract  was   in
 8    existence  before  his  or  her  election or employment as an
 9    officer, member, or  employee.   The  contract  is  voidable,
10    however,  if it cannot be completed within 365 days after the
11    officer, member, or employee takes office or is employed.
12        (f)  Exceptions.
13             (1)  Public aid payments.   This  Section  does  not
14        apply to payments made for a public aid recipient.
15             (2)  Teaching.   This  Section  does  not apply to a
16        contract for personal services as  a  teacher  or  school
17        administrator between a member of the General Assembly or
18        his  or her spouse, or a State officer or employee or his
19        or her spouse, and any school district, public  community
20        college  district,  the  University of Illinois, Southern
21        Illinois University, Illinois State  University,  Eastern
22        Illinois   University,   Northern   Illinois  University,
23        Western Illinois University,  Chicago  State  University,
24        Governor   State  University,  or  Northeastern  Illinois
25        University.
26             (3)  Ministerial  duties.   This  Section  does  not
27        apply to a contract for personal  services  of  a  wholly
28        ministerial  character,  including  but  not  limited  to
29        services as a laborer, clerk, typist, stenographer, page,
30        bookkeeper,   receptionist,   or   telephone  switchboard
31        operator, made by a spouse or minor child of an  elective
32        or appointive State officer or employee or of a member of
33        the General Assembly.
34             (4)  Child  and  family services.  This Section does
 
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 1        not apply to payments made to a  member  of  the  General
 2        Assembly,  a State officer or employee, his or her spouse
 3        or minor child acting  as  a  foster  parent,  homemaker,
 4        advocate,  or  volunteer  for  or in behalf of a child or
 5        family served by the Department of  Children  and  Family
 6        Services.
 7             (5)  Licensed professionals. Contracts with licensed
 8        professionals,  provided  they  are  competitively bid or
 9        part of a reimbursement program for  specific,  customary
10        goods and services through the Department of Children and
11        Family  Services,  the  Department of Human Services, the
12        Department  of  Public  Aid,  the  Department  of  Public
13        Health, or the Department on Aging.
14        (g)  Penalty. A person convicted of a violation  of  this
15    Section  is  guilty  of a business offense and shall be fined
16    not less than $1,000 nor more than $5,000.
17    (Source: P.A. 90-572, eff. 2-6-98.)

18        (30 ILCS 500/50-30)
19        Sec. 50-30.  Revolving door prohibition.
20        (a)  Chief procurement  officers,  associate  procurement
21    officers,  State  purchasing  officers, their designees whose
22    principal duties are directly related to  State  procurement,
23    and  executive officers confirmed by the Senate are expressly
24    prohibited for a period  of  2  years  after  terminating  an
25    affected  position  from engaging in any procurement activity
26    relating to the State agency most recently employing them  in
27    an  affected position for a period of at least 6 months.  The
28    prohibition includes but is  not  limited  to:  lobbying  the
29    procurement  process;  specifying;  bidding;  proposing  bid,
30    proposal,  or  contract  documents; on their own behalf or on
31    behalf of any firm, partnership, association, or corporation.
32    This subsection Section applies only to persons who terminate
33    an affected position on or after January 15, 1999.
 
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 1        (b)  In addition to any other provisions  of  this  Code,
 2    employment  of former State employees is subject to the State
 3    Officials and Employees Ethics Act.
 4    (Source: P.A. 90-572, eff. 2-6-98.)

 5        Section 90-37.  The Raffles Act is  amended  by  changing
 6    Section 8.1 as follows:

 7        (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
 8        Sec. 8.1.  (a) Political Committees.  For the purposes of
 9    this  Section  the  terms defined in this subsection have the
10    meanings given them.

11        "Net Proceeds" means the gross receipts from the  conduct
12    of raffles, less reasonable sums expended for prizes, license
13    fees  and  other  reasonable operating expenses incurred as a
14    result of operating a raffle.

15        "Raffle" means a form of lottery, as defined  in  Section
16    28-2  (b)  of  the  "Criminal  Code  of 1961", conducted by a
17    political committee licensed under this Section, in which:
18             (1)  the player pays or agrees to pay  something  of
19        value  for  a chance, represented and differentiated by a
20        number or by a combination of numbers or  by  some  other
21        medium,  one or more of which chances is to be designated
22        the winning chance;
23             (2)  the winning chance is to be determined  through
24        a  drawing or by some other method based on an element of
25        chance by an act or set of acts on the  part  of  persons
26        conducting or connected with the lottery, except that the
27        winning  chance shall not be determined by the outcome of
28        a publicly exhibited sporting contest.
29        "Unresolved claim" means a claim for civil penalty  under
30    Sections  Section  9-3,  9-10,  and 9-23 of The Election Code
31    which has been begun by the State  Board  of  Elections,  has
 
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 1    been disputed by the political committee under the applicable
 2    rules  of  the  State  Board  of  Elections, and has not been
 3    finally decided either by the State Board of  Elections,  or,
 4    where  application  for review has been made to the Courts of
 5    Illinois, remains finally undecided by the Courts.
 6        "Owes" means that a political committee has been  finally
 7    determined  under  applicable  rules  of  the  State Board of
 8    Elections to be liable for a  civil  penalty  under  Sections
 9    Section 9-3, 9-10, and 9-23 of The Election Code.
10        (b)  (1)  Licenses  issued pursuant to this Section shall
11    be valid for one raffle or for a specified number of  raffles
12    to  be  conducted during a specified period not to exceed one
13    year and may be suspended or revoked  for  any  violation  of
14    this  Section.   The  State Board of Elections shall act on a
15    license  application  within  30  days  from  the   date   of
16    application.
17             (2)  Licenses  shall  be  issued  only  to political
18        committees which have been in existence continuously  for
19        a  period of 1 year immediately before making application
20        for a license and which have had  during  that  entire  1
21        year  period  a  bona fide membership engaged in carrying
22        out their objects.
23        (c)  Licenses issued by the State Board of Elections  are
24    subject to the following restrictions:
25             (1)  No political committee shall conduct raffles or
26        chances  without having first obtained a license therefor
27        pursuant to this Section.
28             (2)  The application for license shall  be  prepared
29        in  accordance  with  regulations  of  the State Board of
30        Elections and must specify the area or areas  within  the
31        State in which raffle chances will be sold or issued, the
32        time  period  during which raffle chances will be sold or
33        issued, the time of determination of winning chances  and
34        the  location  or locations at which winning chances will
 
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 1        be determined.
 2             (3)  A license authorizes the  licensee  to  conduct
 3        raffles as defined in this Section.
 4        The  following  are ineligible for any license under this
 5    Section:
 6                  (i)  any  political  committee  which  has   an
 7             officer who has been convicted of a felony;
 8                  (ii)  any  political  committee  which  has  an
 9             officer who is or has been a professional gambler or
10             gambling promoter;
11                  (iii)  any  political  committee  which  has an
12             officer who is not of good moral character;
13                  (iv)  any  political  committee  which  has  an
14             officer  who  is  also  an  officer  of  a  firm  or
15             corporation in which a person defined in  (i),  (ii)
16             or  (iii)  has  a  proprietary,  equitable or credit
17             interest, or in which such a  person  is  active  or
18             employed;
19                  (v)  any  political committee in which a person
20             defined  in  (i),  (ii)  or  (iii)  is  an  officer,
21             director, or employee, whether compensated or not;
22                  (vi)  any political committee in which a person
23             defined in (i), (ii) or (iii) is to  participate  in
24             the  management  or operation of a raffle as defined
25             in this Section;
26                  (vii)  any committee which, at the time of  its
27             application  for a license to conduct a raffle, owes
28             the  State  Board  of  Elections  any  unpaid  civil
29             penalty authorized by Sections  Section  9-3,  9-10,
30             and  9-23 of The Election Code, or is the subject of
31             an  unresolved  claim  for  a  civil  penalty  under
32             Sections Section 9-3, 9-10, and 9-23 of The Election
33             Code;
34                  (viii)  any political committee which,  at  the
 
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 1             time of its application to conduct a raffle, has not
 2             submitted  any  report  or  document  required to be
 3             filed by Article 9 of The  Election  Code  and  such
 4             report or document is more than 10 days overdue.
 5        (d) (1)  The  conducting  of  raffles  is  subject to the
 6        following restrictions:
 7                  (i)  The entire net proceeds of any raffle must
 8             be exclusively devoted to the lawful purposes of the
 9             political committee permitted to conduct that game.
10                  (ii)  No person except a bona  fide  member  of
11             the  political  committee  may  participate  in  the
12             management or operation of the raffle.
13                  (iii)  No  person  may receive any remuneration
14             or profit for participating  in  the  management  or
15             operation of the raffle.
16                  (iv)  Raffle chances may be sold or issued only
17             within the area specified on the license and winning
18             chances  may  be  determined only at those locations
19             specified on the license.
20                  (v)  A person under the age  of  18  years  may
21             participate  in the conducting of raffles or chances
22             only with the permission of a parent or guardian.  A
23             person under the age of 18 years may be  within  the
24             area where winning chances are being determined only
25             when accompanied by his parent or guardian.
26             (2)  If  a  lessor  rents  premises  where a winning
27        chance or chances on a raffle are determined, the  lessor
28        shall not be criminally liable if the person who uses the
29        premises  for the determining of winning chances does not
30        hold a  license  issued  under  the  provisions  of  this
31        Section.
32        (e) (1)  Each  political  committee  licensed  to conduct
33        raffles and chances  shall  keep  records  of  its  gross
34        receipts,  expenses  and  net  proceeds  for  each single
 
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 1        gathering  or  occasion  at  which  winning  chances  are
 2        determined.  All deductions from gross receipts for  each
 3        single  gathering  or  occasion  shall be documented with
 4        receipts  or  other  records  indicating  the  amount,  a
 5        description of the purchased item  or  service  or  other
 6        reason   for  the  deduction,  and  the  recipient.   The
 7        distribution of net proceeds  shall  be  itemized  as  to
 8        payee, purpose, amount and date of payment.
 9             (2)  Each  political  committee  licensed to conduct
10        raffles shall report on the next report due to  be  filed
11        under  Article 9 of The Election Code its gross receipts,
12        expenses  and  net  proceeds  from   raffles,   and   the
13        distribution of net proceeds itemized as required in this
14        subsection.
15        Such  reports  shall  be  included in the regular reports
16    required of political committees by Article 9 of The Election
17    Code.
18             (3)  Records required by this  subsection  shall  be
19        preserved  for  3  years,  and political committees shall
20        make available their records  relating  to  operation  of
21        raffles  for  public  inspection  at reasonable times and
22        places.
23        (f)  Violation of any provision  of  this  Section  is  a
24    Class C misdemeanor.
25        (g)  Nothing  in  this  Section  shall  be  construed  to
26    authorize the conducting or operating of any gambling scheme,
27    enterprise, activity or device other than raffles as provided
28    for herein.
29    (Source: P.A. 86-394; 86-1028; 86-1301; 87-1271.)

30        Section 90-40.  The State Lawsuit Immunity Act is amended
31    by changing Section 1 as follows:

32        (745 ILCS 5/1) (from Ch. 127, par. 801)
 
HB3412 Enrolled            -61-      LRB093 10270 JAM 10524 b
 1        Sec. 1.  Except as provided in the "Illinois Public Labor
 2    Relations  Act",  enacted  by  the  83rd General Assembly, or
 3    except as provided in "AN ACT to create the Court  of  Claims
 4    Act,  and  the  State  Officials  and Employees Ethics Act to
 5    prescribe its powers and duties, and to repeal AN ACT  herein
 6    named",  filed  July  17,  1945,  as  amended,  the  State of
 7    Illinois shall not be made a defendant or party in any court.
 8    (Source: P.A. 83-1012.)

 9                             ARTICLE 99
10                      MISCELLANEOUS PROVISIONS

11        Section 99-5.  Severability.  The provisions of this  Act
12    are severable under Section 1.31 of the Statute on Statutes.

13        Section  99-99.  Effective  date.   This Act takes effect
14    upon becoming law.